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2 III
Contents Federal Register Vol. 62, No. 202
Monday, October 20, 1997
Agriculture Department Energy Information Administration See Federal Crop Insurance Corporation NOTICES See Forest Service Agency information collection activities: Proposed collection; comment request, 54447–54448 Air Force Department Environmental Protection Agency NOTICES Meetings: RULES Air programs: Scientific Advisory Board, 54445 Fuels and fuel additives— Reformulated and conventional gasoline; phase II opt Alcohol, Tobacco and Firearms Bureau out procedures, 54552–54558 PROPOSED RULES Water pollution control: Alcohol; viticultural area designations: Oil pollution prevention— San Francisco Bay, CA, 54399–54409 Non-transportation-related onshore facilities, 54508– 54543 Coast Guard PROPOSED RULES RULES Air pollutants, hazardous; national emission standards: Drawbridge operations: Polyether polyols production New York, 54384–54385 Correction, 54410 Vessel identification system, 54385–54386 Clean Air Act: Acid rain program— Commerce Department Nitrogen oxides emissions trading program; public See National Oceanic and Atmospheric Administration workshops, 54409 NOTICES Agency information collection activities: Commodity Futures Trading Commission Proposed collection; comment request, 54453–54454 NOTICES Meetings: Meetings; Sunshine Act, 54433–54434 National Advisory Council for Environmental Policy and Technology, 54455 Defense Department Water pollution control: See Air Force Department Clean Water Act— RULES Class II administrative penalty assessments, 54455– Civilian health and medical program of uniformed services 54456 (CHAMPUS): State victims of crime compensation programs and voice Executive Office of the President prostheses benefit, 54383–54384 See National Education Goals Panel NOTICES See Presidential Documents Agency information collection activities: Proposed collection; comment request, 54434–54435 Farm Credit Administration Submission for OMB review; comment request, 54435 NOTICES Arms sales notification; transmittal letter, etc., 54435–54439 Meetings; Sunshine Act, 54456 Civilian health and medical program of uniformed services (CHAMPUS): Federal Aviation Administration DRG-based payment system (1998 FY); medical and RULES dental reimbursement rates, 54440–54445 Airworthiness directives: Meetings: Airbus, 54369–54372 Defense Reform Task Force, 54445 British Aerospace, 54375–54376 Construcciones Aeronauticas, S.A., 54366–54368, 54372– 54373, 54376–54378 Drug Enforcement Administration General Electric Co., 54373–54374 NOTICES Lockheed, 54378–54379 Applications, hearings, determinations, etc.: Raytheon, 54368–54369 Binenfeld, Robert M., M.D., 54468–54469 Class E airspace, 54379–54380 Borja, Benjamin R., D.M.D., 54469 NOTICES Passenger facility charges; applications, etc.: Energy Department Lambert-St. Louis International Airport, MO, 54498 See Energy Information Administration Manchester Airport, NH, 54498–54499 See Federal Energy Regulatory Commission NOTICES Federal Communications Commission Meetings: NOTICES National Coal Council, 54445–54446 Common carrier services: Radiological condition certification: Bell Operating Company; section 271, application Energy Technology Engineering Center, CA, 54446–54447 procedures, 54456–54460 IV Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Contents
Federal Crop Insurance Corporation General Services Administration RULES NOTICES Crop insurance regulations: Federal property management: Canning and processing tomatoes and tomato Public buildings and space— endorsement, 54339–54346 Tobacco smoke exposure in Federal workplace; policy for protection of Federal employees and public, 54461 Federal Emergency Management Agency Transportation audits; SF 362, change in stocking, 54461– RULES 54462 Flood elevation determinations: Connecticut, et al., 54388–54396 Health and Human Services Department Flood insurance; communities eligible for sale: See Food and Drug Administration Michigan, 54386–54388 See National Institutes of Health PROPOSED RULES Flood elevation determinations: Delaware, et al., 54410–54427 Housing and Urban Development Department RULES Manufactured home construction and safety standards: Federal Energy Regulatory Commission Snow load map added to structural design requirements NOTICES recodification, 54546–54549 Environmental statements; notice of intent: PROPOSED RULES NorAm Gas Transmission Co., 54451–54452 Public and Indian housing: Hydroelectric applications, 54452–54453 Native American Housing Assistance and Self Applications, hearings, determinations, etc.: Determination Act of 1996; implementation— Colorado Interstate Gas Co., 54449 Negotiated Rulemaking Committee meetings, 54399 Florida Gas Transmission Co., 54448–54449 NOTICES Garden Banks Gas Pipeline, LLC, 54448 Agency information collection activities: International Paper Co., et al., 54449–54450 Submission for OMB review; comment request, 54464 Nautilus Pipeline Co., L.L.C., 54450–54451 Organization, functions, and authority delegations: Williams Natural Gas Co., 54451 Single family homeownership center directors in Philadelphia, PA, et al., 54464–54465
Federal Maritime Commission Immigration and Naturalization Service RULES RULES Maritime carriers in foreign commerce: Immigration: United States/Japan trade; port restrictions and Affidavits of support on behalf of immigrants, 54346– requirements, 54396–54397 54356
Federal Reserve System Interior Department RULES See Land Management Bureau Freedom of Information Act; implementation, 54356–54366 See National Park Service NOTICES Banks and bank holding companies: Change in bank control, 54460 Justice Department Formations, acquisitions, and mergers, 54460–54461 See Drug Enforcement Administration See Immigration and Naturalization Service
Food and Drug Administration Labor Department PROPOSED RULES See Occupational Safety and Health Administration Communicable diseases control: See Pension and Welfare Benefits Administration Lather brushes; treatment, sterilization, handling, storage, NOTICES marking, and inspection; revocation, 54398–54399 Agency information collection activities: NOTICES Submission for OMB review; comment request, 54469– Debarment orders: 54471 Rana, Nandlal G., 54462 Meetings: Cardiovascular and Renal Drugs Advisory Committee, Land Management Bureau 54462–54463 NOTICES Alaska Native claims selection: Cape Fox Corp., 54465 Forest Service Meetings: NOTICES Leslie Gulch Area of Critical Environmental Concern; OR; Grants and cooperative agreements; availability, etc.: protective withdrawal, 54465–54466 Wood degradation prevention; understanding National Historic Oregon Trail Interpretive Center commonality of chemistries involved in moisture, Advisory Board, 54466 biological, ultraviolet, and thermal degradations, Realty actions; sales, leases, etc.: 54432–54433 Nevada, 54466–54467 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Contents V
Management and Budget Office Pension and Welfare Benefits Administration NOTICES NOTICES Line Item Veto Act; cancellation of items: Employee benefit plans; prohibited transaction exemptions: Energy and Water Development Appropriations Act, Metropolitan Life Insurance Co., et al., 54471–54480 54564–54568 Presidential Documents National Aeronautics and Space Administration ADMINISTRATIVE ORDERS RULES Colombia; significant narcotics traffickers; continuation of Information security program: emergency (Notice of October 17, 1997), 54561 Classification matters determinations; authority delegation, 54380–54381 Public Debt Bureau NOTICES NOTICES Meetings: Agency information collection activities: Aeronautics and Space Transportation Technology Proposed collection; comment request, 54504–54506 Advisory Committee, 54480 Technology and Commercialization Advisory Committee, Public Health Service 54480–54481 See Food and Drug Administration See National Institutes of Health National Credit Union Administration NOTICES Research and Special Programs Administration Meetings; Sunshine Act, 54481 NOTICES Hazardous materials: National Education Goals Panel Applications; exemptions, renewals, etc., 54502–54503 NOTICES Meetings: Meetings, 54481 Pipeline Safety Advisory Committees, 54503–54504
National Highway Traffic Safety Administration Securities and Exchange Commission NOTICES NOTICES Agency information collection activities: Self-regulatory organizations; proposed rule changes: Proposed collection; comment request, 54499–54502 Chicago Stock Exchange, Inc., 54496 Applications, hearings, determinations, etc.: National Institutes of Health Acacia National Life Insurance Co., Inc., et al., 54481– NOTICES 54484 Agency information collection activities: Equus II Inc., 54484–54485 Submission for OMB review; comment request, 54463 Investors Bank & Trust Co. et al., 54485–54489 Meetings: New England Life Insurance Co. et al., 54489–54493 Advisory Committee to Director, 54463–54464 Prudential Insurance Co. of America et al., 54493–54495
National Oceanic and Atmospheric Administration State Department RULES NOTICES Fishery conservation and management: Arms Export Control Act: Alaska; fisheries of Exclusive Economic Zone— Determinations, 54497 Pacific cod, 54397 Meetings: Ocean and coastal resource management: U.S. foreign policy economic sanctions programs; Marine sanctuaries— briefing, 54497–54498 Florida Keys National Marine Sanctuary, 54381–54382 PROPOSED RULES Surface Transportation Board Fishery conservation and management: NOTICES Northeastern United States fisheries— Railroad services abandonment: Summer flounder, scup, and Black Sea bass, 54427– Union Pacific Railroad Co., 54504 54431 Transportation Department National Park Service See Coast Guard PROPOSED RULES See Federal Aviation Administration National Park System: See National Highway Traffic Safety Administration Glacier Bay National Park, AK; commercial fishing See Research and Special Programs Administration activities, 54409 NOTICES See Surface Transportation Board Environmental statements; availability, etc.: Organ Pipe Cactus National Monument, AZ, 54467–54468 Treasury Department See Alcohol, Tobacco and Firearms Bureau Occupational Safety and Health Administration See Public Debt Bureau RULES Safety and health standards: Methylene chloride; occupational exposure, 54382–54383 Separate Parts In This Issue NOTICES State plans; standards approval, etc.: Part II New Mexico, 54471 Environmental Protection Agency, 54508–54543 VI Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Contents
Part III Department of Housing and Urban Development, 54546– 54549
Part IV Environmental Protection Agency, 54552–54558
Part V The President, 54561
Part VI Management and Budget Office, 54564–54568
Reader Aids Additional information, including a list of telephone numbers, finding aids, reminders, and a list of Public Laws appears in the Reader Aids section at the end of this issue.
Electronic Bulletin Board Free Electronic Bulletin Board service for Public Law numbers, Federal Register finding aids, and a list of documents on public inspection is available on 202–275– 1538 or 275–0920.
Public Laws Electronic Notification Service Free electronic mail notification of newly enacted Public Laws is now available. To subscribe, send E-mail to [email protected] with the message: SUBSCRIBE PENS-L FIRSTNAME LASTNAME. Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Contents VII
CFR PARTS AFFECTED IN THIS ISSUE
A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.
3 CFR Administrative Orders: October 17, 1997...... 54561 7 CFR 401...... 54339 457...... 54339 8 CFR 213a...... 54346 299...... 54346 12 CFR 261...... 54356 14 CFR 39 (8 documents) ...... 54366, 54368, 54369, 54372, 54373, 54375, 54376, 54378 71...... 54379 1203...... 54380 15 CFR 922...... 54381 21 CFR Proposed Rules: 1240...... 54398 24 CFR 3280...... 54546 Proposed Rules: 1000...... 54399 1003...... 54399 1005...... 54399 27 CFR Proposed Rules: 9...... 54399 29 CFR 1910...... 54382 32 CFR 199...... 54383 33 CFR 117...... 54384 187...... 54385 36 CFR Proposed Rules: 13...... 54409 40 CFR 80...... 54552 112...... 54508 Proposed Rules: 52...... 54409 63...... 54410 44 CFR 64...... 54386 65 (2 documents) ...... 54388, 54390 67...... 54392 Proposed Rules: 67...... 54410 46 CFR 586...... 54396 50 CFR 679...... 54397 Proposed Rules: 648...... 54427 54339
Rules and Regulations Federal Register Vol. 62, No. 202
Monday, October 20, 1997
This section of the FEDERAL REGISTER Order 12866, and therefore, this rule has Regulatory Flexibility Act (5 U.S.C. contains regulatory documents having general not been reviewed by OMB. 605), and no Regulatory Flexibility applicability and legal effect, most of which Analysis was prepared. are keyed to and codified in the Code of Paperwork Reduction Act of 1995 Federal Regulations, which is published under Following publication of the proposed Federal Assistance Program 50 titles pursuant to 44 U.S.C. 1510. rule, the public was afforded 60 days to This program is listed in the Catalog The Code of Federal Regulations is sold by submit written comments and opinions of Federal Domestic Assistance under the Superintendent of Documents. Prices of on information collection requirements No. 10.450. new books are listed in the first FEDERAL currently being reviewed by OMB REGISTER issue of each week. pursuant to the Paperwork Reduction Executive Order No. 12372 Act of 1995 (44 U.S.C. Chapter 35) This program is not subject to the under OMB control number 0563–0053. provisions of Executive Order No. DEPARTMENT OF AGRICULTURE No public comments were received. 12372, which require intergovernmental consultation with State and local Federal Crop Insurance Corporation Unfunded Mandates Reform Act of 1995 officials. See the Notice related to 7 CFR part 3015, subpart V, published at 48 FR 7 CFR Parts 401 and 457 Title II of the Unfunded Mandates 29115, June 24, 1983. Reform Act of 1995 (UMRA), Public General Crop Insurance Regulations, Law 104–4, establishes requirements for Executive Order No. 12988 Canning and Processing Tomato Federal agencies to assess the effects of This final rule has been reviewed in Endorsement; and Common Crop their regulatory actions on State, local, accordance with Executive Order 12988 Insurance Regulations, Processing and tribal governments and the private Tomato Provisions sector. This rule contains no Federal on civil justice reform. The provisions mandates (under the regulatory of this rule will not have a retroactive AGENCY: Federal Crop Insurance provisions of title II of the UMRA) for effect prior to the effective date. The Corporation, USDA. State, local, and tribal governments or provisions of this rule will preempt ACTION: Final rule. the private sector. Therefore, this rule is State and local laws to the extent such not subject to the requirements of State and local laws are inconsistent SUMMARY: The Federal Crop Insurance sections 202 and 205 of the UMRA. herewith. The administrative appeal Corporation (FCIC) finalizes specific provisions published at 7 CFR part 11 crop provisions for the insurance of Executive Order No. 12612 must be exhausted before any action for processing tomatoes. The provisions It has been determined under section judicial review may be brought. will be used in conjunction with the 6(a) of Executive Order No. 12612, Environmental Evaluation Common Crop Insurance Policy Basic Federalism, that this rule does not have Provisions, which contain standard sufficient federalism implications to This action is not expected to have a terms and conditions common to most warrant the preparation of a Federalism significant impact on the quality of the crops. The intended effect of this action Assessment. The provisions contained human environment, health, and safety. is to provide policy changes to better in this rule will not have a substantial Therefore, neither an Environmental meet the needs of the insured, include direct effect on States or their political Assessment nor an Environmental the current canning and processing subdivisions, or on the distribution of Impact Statement is needed. tomato endorsement with the Common power and responsibilities among the National Performance Review Crop Insurance Policy for ease of use various levels of government. and consistency of terms, and to restrict This regulatory action is being taken the effect of the current canning and Regulatory Flexibility Act as part of the National Performance processing tomato endorsement to the This regulation will not have a Review Initiative to eliminate 1997 and prior crop years. significant economic impact on a unnecessary or duplicative regulations EFFECTIVE DATE: November 19, 1997. substantial number of small entities. and improve those that remain in force. The amount of work required of Background FOR FURTHER INFORMATION CONTACT: insurance companies will not increase Richard Brayton, Insurance because the information used to On Monday, June 23, 1997, FCIC Management Specialist, Research and determine eligibility is already published a proposed rule in the Development, Product Development maintained at their office and the other Federal Register at 62 FR 33763–33768 Division, Federal Crop Insurance information required is already being to add to the Common Crop Insurance Corporation, United States Department gathered as a result of the present Regulations (7 CFR part 457), a new of Agriculture, 9435 Holmes Road, policy. No additional actions are section, 7 CFR 457.160, Processing Kansas City, MO 6413, telephone (816) required as a result of this action on the Tomato Crop Insurance Provisions. The 926–7730. part of either the producer or the new provisions will be effective for the SUPPLEMENTARY INFORMATION: reinsured company. Additionally, the 1998 and succeeding crop years. These regulation does not require any action provisions will replace and supersede Executive Order No. 12866 on the part of the small entities than is the current provisions for insuring The Office of Management and Budget required on the part of large entities. canning and processing tomatoes found (OMB) has determined this rule to be Therefore, this action is determined to at 7 CFR part 401 (Canning and exempt for the purposes of Executive be exempt from the provisions of the Processing Tomato Endorsement). FCIC 54340 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations also amends 7 CFR 401.114 to limit its comment suggested changing the term Response: FCIC agrees that optional effect to the 1997 and prior crop years. ‘‘county’’ to ‘‘area.’’ units based on share should be Following publication of that Response: FCIC believes that the provided. Section 2(a) has been deleted proposed rule, the public was afforded CSREES recognizes farming practices and the remaining sections have been 30 days to submit written comments that are considered acceptable for redesignated accordingly. The language and opinions. A total of 62 comments producing processing tomatoes. If a in 8(b) is intended to cover a producer were received from an insurance service producer is following practices not who has a crop share agreement, who organization, reinsured companies, recognized as acceptable by the rents, or who owns acreage. This should agents, a California Tomato Growers CSREES, such recognition can be sought be separate from the unit issue. Association, and tomato growers. The by interested parties. Although cultural Comment: An insurance service comments received, and FCIC’s practices recognized by the CSREES organization, reinsured companies, a responses are as follows: may only pertain to specific areas grower association, insurance agents, Comment: An insurance service within a county, the actuarial and tomato producers stated that section organization recommended that a documents are on a county basis. No 2(b) eliminates optional units for nearly number of definitions common to most change has been made. all California producers since most crops be removed from the crop Comment: An insurance service contracts are written for a specific provisions and placed into the Basic organization recommended changing amount of production. Removal of this Provisions. the definition of ‘‘planted acreage’’ so benefit will have a detrimental impact Response: FCIC agrees and is that either initially or replanted acreage on producers who had optional units in currently in the regulatory review must be planted in rows to be the past. For example: A producer with process that will move commonly used considered planted. 6,000 contracted tons, 200 acres of land, definitions from the crop provisions to Response: FCIC agrees and has an approved yield of 30 tons per acre, the Basic Provisions and this rule will amended the definition as suggested. and a production guarantee of 22.5 tons be revised to delete the definitions The definition of replanting has also per acre, receives no benefit if only one when the Basic Provisions are published been changed accordingly. unit is allowed and 4,500 tons of as a final rule. Comment: An insurance service tomatoes are produced. However, if two 100 acre units are allowed, the first unit Comment: A reinsured company and organization recommended that the produces 3,000 tons and the second unit a crop insurance agent recommended definition of ‘‘replanting’’ be clarified by produces 1,500 tons (4,500 total tons), changing the sales closing date in inserting ‘‘processing tomato’’ between an indemnity based on 750 tons would California from January 15 to February the last two words (‘‘successful’’ and be allowed on the second unit. 28. The commenter indicated that the ‘‘crop’’) in the sentence. Response: FCIC agrees that optional sales closing date of January 15 causes Response: To be consistent with units should remain available in inefficiency because it differs from the language contained in the proposed rule California and has amended section 2(b) February 28 sales closing date for most of the Basic Provisions, FCIC has (redesignated 2(a)) accordingly. other spring crops. revised the definition to clarify that Premium rates also will reflect adoption Response: The Federal Crop Insurance ‘‘replanting’’ is performing the cultural of this change. Reform Act of 1994 required the sales practices necessary to prepare the land Comment: An insurance service closing date to be moved from February to replace the seed or plants of the organization and reinsured companies 15 to January 15. This date cannot be damaged or destroyed crop and then indicated that the ‘‘earlier of’’ * ** extended without appropriate legislative replacing the seed or plants in the aspect of section 3(b) eliminates the changes. Therefore, no change has been insured acreage. need for item (1). Item (2), the acreage made. Comment: An insurance service reporting date, will always be earlier Comment: An insurance service organization recommended that the than item (1) (August 20). One comment organization recommended changing definition of ‘‘timely planted’’ be questioned why the provision allows the definition of ‘‘bypassed acreage’’ to clarified by inserting the word until August 20 to obtain signed read as follows: ‘‘Land on which ‘‘initially’’ at the beginning of the contracts in all but a few counties in production is ready for harvest but is definition. California. left unharvested in favor of harvesting Response: To be consistent with Response: Section 3(b) was not other fields.’’ language contained in the proposed rule intended to indicate the earlier of item Response: The definition of bypassed of the Basic Provisions, FCIC believes (1) or (2). It was intended to indicate the acreage has been revised to clarify that the definition is clearly stated. earlier of August 20 or the date of land on which production is ready for Therefore, no change has been made. damage only in those counties with a harvest but the processor elects not to Comment: An insurance service July 15 acreage reporting date, and the accept such production so it is not organization, a reinsured company, earlier of the acreage reporting date or harvested. insurance agents, a tomato growers the date of damage in all other counties. Comment: An insurance service association, and a tomato grower In years of high production, it is organization expressed concern with the disagreed with the provisions that common for contracts in northern definition of ‘‘good farming practice,’’ remove ‘‘units by share’’ in California California counties to be signed as late which makes reference to cultural (section 2(a.). The comments indicated as August 20. The provision was practices generally in use in the county that: (1) Unit division by share is no designed to accommodate this practice and that are recognized by the more difficult to administer for tomatoes and permit insurance to continue for all Cooperative State Research, Education, than it is for other crops in California; contracted tonnage. The provision has and Extension Service (CSREES) as (2) The change will give producers a been clarified accordingly. compatible with agronomic and weather greater incentive to purchase CAT than Comment: Five comments from conditions in the county. The comment buy-up, since the CAT Endorsement reinsured companies asked why section questioned whether cultural practices allows basic units by share; and (3) 3(c) was changed to reduce the price exist that are not necessarily recognized Inequitable loss payments between election rather than the production (or possible known) by the CSREES. The tenants and landlords would result. guarantee. Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations 54341
Response: The Federal Crop Insurance practices. Therefore, the provisions have period. Further, records are maintained Act authorizes FCIC to reduce the been retained to limit insurance when a as production is delivered to the payment to producers who elect crop is interplanted, planted into a grass processor. Therefore, the insured should catastrophic coverage for acreage that is or legume, or is planted in an unusual know when the contract is fulfilled. not harvested or for any other costs that rotation. These provisions vary among Comment: An insurance service are not incurred if the crop is lost prior Crop Provisions and therefore, should organization questioned the summary of to harvest. The change is in compliance not be moved to the Basic Provisions. changes to the proposed rule in section with this provision of law. Therefore, no change has been made. 13(a)(2). The commenter stated the Comment: An insurance service Comment: An insurance service summary of changes says ‘‘the producer organization and a reinsured company organization and a reinsured company must give notice on or before the date stated that provisions in section 6 that questioned whether the provisions in the tomatoes should be harvested if any require the producer to provide a copy sections 10(a) and (b) that end the acreage on a unit will not be harvested,’’ of the processor contract no later than insurance period on the date sufficient but the provision states the producer the acreage reporting date: (1) Could production is harvested to fulfill the must give notice ‘‘not later than 48 allow producers to wait until the producers processor contract: (a) hours after: (1) Total destruction of the acreage reporting date to decide if they Eliminate unit division benefits or (b) tomatoes in the unit; or (2) want coverage; and (2) will be nearly conflict with the provision in section Discontinuance of harvest on a unit on impossible to implement since 12(a) that states ‘‘We will determine which production remains. processor contracts will not be finalized your loss on a unit basis.’’ The Response: FCIC agrees that the by the dates specified in section 3. commenters questioned whether summary was in error and the Response: Virtually all processor production to count from an appraisal provisions as proposed are correct. contracts should be completed within prior to harvest would be included Comment: An insurance service the time frame provided for in the when determining fulfillment of the organization questioned the notification policy. Production covered by contracts processor contract. The insurance requirement in section 13(b), which completed after these time frames will service organization questioned whether states that the insured must notify the not be insured. Therefore, no change has the insured would know when enough insurance provider ‘‘within 3 days of been made. production is harvested to fulfill the the date harvest should have started on Comment: A reinsured company processor contract. This commenter any acreage that will not be questioned why the price election for asked if production exceeding the harvested...’’ The commenter stated unharvested acreage is used in the contracted amount is considered there is a difference between notice premium calculations in section 7. production to count for APH or loss ‘‘within 3 days’’ as the policy provision Response: The provision should have adjustment or whether the processor indicates and ‘‘on or before’’ as item 21 referred to the price election for the settlement sheet is the only acceptable of the summary of changes indicates. third (final) stage. The provision has record. One commenter also questioned The commenter also asked how the date been revised accordingly. whether ‘‘delivered to’’ is the same as tomatoes should have been harvested Comment: An insurance service ‘‘acceptable by’’ the processor. will be determined. organization and a reinsured company Response: Sections 10(a) and (b) do Response: The summary of changes stated that section 8(b) is confusing and not eliminate unit division provisions or was not correct. It should have seems to indicate that the landlord does conflict with section 14(a). All indicated ‘‘within 3 days after the date not have a share unless the landlord’s indemnities will be paid on a unit basis. harvest should have started....’’ The name is written on the tomato contract. Once acreage is harvested and the insured is best able to assess the date Another reinsured company interpreted processor contract is fulfilled, the tomatoes should be harvested based on the provision to mean that a tenant insurance period ends. If there is the maturity of the crop. Therefore, no cannot have a share since that person unharvested production and the change has been made. does not retain possession of the processor contract has not been Comment: An insurance service acreage. fulfilled, due to an insured cause of loss organization stated that the language in Response: The language in 8(b) is is still covered. Appraised acreage will 13(c) does not address timely notice if intended to cover a producer who has not be used to determine whether the damage is discovered less than 15 days a crop share arrangement, who rents, or contract has been fulfilled and the prior to harvest. who owns acreage. The provision has insurance period ends, although it will Response: The notice requirement in been clarified by indicating that control be used to determine production to section 13 are in addition to the of the acreage is retained rather than count and in determining the producer’s requirements in section 14 of the Basic possession. APH. When determining production to Provisions that require notice of loss Comment: An insurance service count, only the harvested production within 72 hours of initial discovery of organization stated that section 8(a)(4) shown on the settlement sheet or damage. Notice within this time period would allow coverage by written rejected as a result of uninsured cause would be required if damage is agreement or Special Provisions on of loss will be used. FCIC has revised discovered less than 15 days before tomatoes following tomatoes in either of section 10(a) to clarify that insurance harvest. If damage is discovered during the two previous years, interplanted ceases ‘‘the date you harvest sufficient harvest, notice must be given with another crop or planted into an production to fulfill your processor immediately. FCIC believes that these established grass or legume and asked if contract if your processor contract provisions, as a whole, are adequate. these practices would ever be allowed stipulates a specific amount of Therefore, no change has been made. by the processor contract. The comment production to be delivered.’’ The Comment: An insurance service indicated that consideration should be contract is not fulfilled if the production organization stated that section given to inserting some of this language is not accepted by the processor. 14(c)(1)(iii) should not allow the into the Basic Provisions since it is However, rejected production maybe insured to defer settlement and wait for duplicated in most Crop Provisions. considered as production to count a later, generally lower appraisal, Response: Some processor contracts unless damaged by an insurable cause of especially on crops that have a short may not stipulate rotation or planting loss occurring during the insurance ‘‘shelf life.’’ 54342 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations
Response: A later appraisal will only 7. Section 3(f)—Added provisions to 21. Section 15—Added statement that be necessary if the insurance provider clarify when acreage is bypassed late and prevented planting is not agrees that such an appraisal would because it was damage by an insurable applicable to processing tomatoes. result in a more accurate determination cause of loss to the extent that the 22. Section 16—Written agreements and if the producer continues to care for processor cannot use the product will be had been redesignated. Clarify when the crop. If the producer does not considered to have a zero yield when provisions of the policy may be altered continue to care for the crop, the determining your approved yield. by written agreement. original appraisal will be used. 8. Section 6—Clarify a producer must List of Subjects in CFR Parts 401 and Therefore, no change has been made. provide a copy of all processor contracts 457 Comment: A reinsured company to us on or before the acreage reporting recommended removal of the date in all counties, unless otherwise Crop insurance, Canning and requirement to renew written specified in the Special Provisions. processing tomato endorsement, agreements each year if there are no 9. Sections 8(b), (c)(1), (2), and (3)— Processing tomato. significant changes to the farming Have been revised for clarification. Final Rule operation. 10. Section 10(a)—Revised to conform Response: Written agreements are this provision with other processing Accordingly, for the reasons set forth intended to supplement policy terms or crop provisions, which specify that once in the preamble, the Federal Crop permit insurance in unusual situations the processor contract has been fulfilled, Insurance Corporation hereby amends 7 that require modification of the the insurance period will end if the CFR parts 401 and 457 as follows: otherwise standard insurance processor contract stipulates a specific provisions. If such practices continue amount of production. PART 401ÐGENERAL CROP from year to year, they should be 11. Section 10(b)—Clarify that the INSURANCE REGULATIONS incorporated into the policy or Special insurance period will end when the 1. The authority citation for 7 CFR Provisions. It is important to minimize crop should have been harvested. part 401 is revised to read as follows: written agreement exceptions to assure 12. Section 11(a)(5)—Clarified the that the insured is well aware of the wildlife cause of loss by deleting the Authority: 7 U. S. C. 1506(1), 1506(p). specific terms of the policy. FCIC has language ‘‘unless proper measures to 2. Section 401.114 introductory text is proposed that the written agreement control wildlife have not been taken’’ to revised to read as follows: provision be included in the Basic be consistent with other crop provisions. § 401.114 Canning and processing tomato Provisions. Therefore, no change has endorsement. been made. 13. Section 11(a)(ii)—Has been In addition to the changes described revised for clarification. The provisions of the Canning and above, FCIC has made minor editorial 14. Section 11(a)(9)—Deleted this Processing Tomato Crop Insurance changes and has amended the following provision because it is unnecessary Endorsement for the 1988 through the Processing Tomato Provisions: since other listed causes of loss are what 1997 crop years are as follows: 1. The paragraph preceding section 1 results in physical damage. * * * * * is amended to include the Catastrophic 15. Section 11(b)(4)—Deleted this Risk Protection Endorsement. provision since such damage would PART 457ÐCOMMON CROP 2. Section 1—Added a definition of occur outside the insurance period INSURANCE REGULATIONS; ‘‘approved yield’’. The definitions of specified in section 10. REGULATIONS FOR THE 1994 AND ‘‘bypassed acreage,’’ ‘‘planted acreage’’ 16. Section 13(b)—Clarified that the SUBSEQUENT CONTRACT YEARS ‘‘practical to replant’’ ‘‘production insured must give notice of loss within 3. The authority citation for 7 CFR guarantee (per acre)’’ and ‘‘replanting’’ 3 days after the date harvest should part 457 continues to read as follows: have been revised for clarification. have started is the acreage will not be 3. Removed the reference to ‘‘written harvested. The insured must also Authority: 7 U.S.C. 1506(l), 1506(p). agreement’’ in section 2(a) of the provide documentation stating why the 4. Section 457.160 is added to read as proposed rule and added it to section acreage was bypassed. follows: 2(e)(4) of the final rule to clarify which 17. Section 14(b)(1) thru (7)—Revised provisions may be revised by written and added an example of settlement of § 457.160 Processing tomato crop agreement. claim. insurance provisions. 4. Section 2(a)—Added provisions to 18. Section 14(c)(E)—Deleted this The Processing Tomato Crop clarify that no indemnity will be paid provision as proposed. Insurance Provisions for the 1998 and for any loss of production on any unit 19. Section 14(c)(iii)—Added succeeding crop years are as follows: if the insured produced a crop sufficient provisions to clarify production on FCIC policies: to fulfill the processor contracts forming acreage that is bypassed unless the UNITED STATES DEPARTMENT OF the basis for the guarantee, and any acreage was bypassed due to an insured AGRICULTURE indemnity will be limited to the amount cause of loss which resulted in Federal Crop Insurance Corporation necessary to compensate for loss in production which would not be yield at the price elected between acceptable under the terms of the Reinsured policies: production to count and the contract processor contract. 14(c)(iii) as proposed (Appropriate title for insurance provider) requirements. has been redesignated as 14(c)(iv). Both FCIC and reinsured polices: 5. Section 3(b)—Has been revised for 20. Section 14(d)—Clarified that once Processing Tomato Crop Provisions clarification. harvest has begun on acreage covered by 6. Section 3(e)—Added provisions to a processor contract that specifies the If a conflict exists among the policy provisions the order of priority is as follows: clarify when appraised production on number of tons to be delivered, the total (1) the Catastrophic Risk Protection bypassed acreage not bypassed due to indemnity payable will be limited to an Endorsement, if applicable; (2) the Special an insurable cause of loss will be used amount based on the lesser of the Provisions; (3) these Crop Provisions; and (4) when determining the producer’s guaranteed tons, or the tons remaining the Basic Provisions (§ 457.8) with (1) approved yield. unfulfilled under the processor contract. controlling (2) etc. Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations 54343
1. Definitions insurance period. It will not be considered premium paid for the optional units that Acre. 43,560 square feet of land on which practical to replant unless the replanted have been combined will be refunded to you. row widths do not exceed 6 feet, or the land acreage can produce at least 75% of the (d) All optional units you selected for the on which at least 7,260 linear feet rows are approved yield, and the processor agrees in crop year must be identified on the acreage planted if row widths exceed 6 feet. writing that it will accept the production report for that crop year. from the replanted acreage. (e) The following requirements must be Approved yield. The yield determined in Processor. Any business enterprise met for each optional unit: accordance with 7 CFR part 400, subpart (g). regularly engaged in processing tomatoes for (1) You must have provided records by the Bypassed acreage. Land on which human consumption, that possesses all production reporting date, which can be production is ready for harvest but the licenses and permits for processing tomatoes independently verified, of planted acreage processor elects not to accept such required by the state in which it operates, and production for each optional unit for at production so it is not harvested. and that possesses facilities, or has least the last crop year used to determine Days. Calendar days. contractual access to such facilities, with your production guarantee; FSA. The Farm Service Agency, an agency enough equipment to accept and process (2) You must plant the crop in a manner of the United States Department of contracted processing tomatoes within a that results in a clear and discernable break Agriculture, or a successor agency. reasonable amount of time after harvest. in the planting pattern at the boundaries of Final planting date. The date contained in Processor contract. A written agreement each optional unit; the Special Provisions for the insured crop by between the producer and a processor, (3) For each crop year, records of marketed which the crop must initially be planted in containing at a minimum: production or measurement of stored order to be insured for the full production (a) The producer’s commitment to plant production from each optional unit must be guarantee. and grow processing tomatoes, and to deliver maintained in such a manner that permits us First fruit set. The reproductive stage of the the tomato production to the processor; to verify the production from each optional plant at which 30 percent of the plants have (b) The processor’s commitment to unit, or the production from each unit must produced a fruit that has reached a minimum purchase all the production stated in the be kept separate until loss adjustment is of one inch in diameter. processor contract; and completed by us; and Good farming practices. The cultural (c) A price per ton that will be paid for the (4) Each optional unit must meet one or practices generally in use in the county for production. more of the following criteria, as applicable, the crop to make normal progress toward Production guarantee (per acre). The unless otherwise specified by written maturity and produce at least the yield used number of tons determined by multiplying agreement: to determine the production guarantee and the approved yield per acre by the coverage (i) Optional units by Section, Section are those required by the tomato processor level percentage you elect. Equivalent, or FSA Farm Serial Number: Optional units may be established if each contract with the processing company, and Replanting. Performing the cultural optional unit is located in a separate legally are those recognized by the Cooperative State practices necessary to prepare the land to identified section. In the absence of sections, Research, Education, and Extension Service replace the seed or plants of the damaged or we may consider parcels of land legally as compatible with agronomic and weather destroyed crop and then replacing the seed identified by other methods of measure, such conditions in the county. or plants in the insured acreage. as Spanish grants, as the equivalent of their Harvest. The severance of tomatoes from Timely planted. Planted on or before the final planting date designated in the Special sections for unit purposes. In areas that have the vines. not been surveyed using sections are Interplanted. Acreage on which two or Provisions for the insured crop in the county. Ton. Two thousand (2,000) pounds equivalent systems, or in areas where such more crops are planted in a manner that does systems exist but boundaries are not readily not permit separate agronomic maintenance avoirdupois. USDA. United States Department of discernable, each optional unit must be or harvest of the insured crop. located in a separate farm identified by a Irrigated practice. A method of producing Agriculture. Written agreement. A written document single FSA Farm Serial Number. a crop by which water is artificially applied (ii) Optional Units on Acreage Including during the growing season by appropriate that alters designated terms of this policy in accordance with section 16. Both Irrigated and Non-irrigated Practices: In systems and at the proper times, with the addition to, or instead of, establishing intention of providing the quantity of water 2. Unit Division optional units by section, section equivalent, needed to produce at least the yield used to (a) Unless limited by the Special or FSA Farm Serial Number, optional units establish the irrigated production guarantee Provisions, a basic unit, as defined in section may be based on irrigated acreage and non- on the irrigated acreage planted to the in section 1 of the Basic Provisions, may be irrigated acreage (in those counties where insured crop. divided into optional units if, for each ‘‘non-irrigated’’ practice is allowed in the Plant stand. The number of plants per acre optional unit, you meet all the conditions of actuarial table) if both are located in the same considered to be normal for the applicable this section. Notwithstanding the provisions section, section equivalent, or FSA Farm tomato variety and growing area. of this section on unit division, no indemnity Serial Number. To qualify as separate Planted acreage. Land in which seed or will be paid for any loss of production on any irrigated and non-irrigated optional units, the plants have been placed by a machine unit if the insured produced a crop sufficient non-irrigated acreage may not continue into appropriate for the insured crop and planting to fulfill the processor contracts forming the the irrigated acreage in the same rows or method, at the correct depth, into a seedbed basis for the guarantee, and any indemnity planting pattern. The irrigated acreage may that has been properly prepared for the will be limited to the amount necessary to not extend beyond the point at which the planting method and production practice. compensate for loss in yield at the price irrigation system can deliver the quantity of Tomatoes must initially be placed in rows to elected between production to count and the water needed to produce the yield on which be considered planted. Acreage planted in contract requirements. the guarantee is based, except the corners of any other manner will not be insurable (b) Basic units may not be divided into a field in which a center-pivot irrigation unless otherwise provided by the Special optional units on any basis other than as system is used will be considered as irrigated Provisions or by written agreement. described in this section. acreage if separate acceptable records of Practical to replant. In lieu of the (c) If you do not comply fully with these production from the corners are not definition of ‘‘Practical to replant’’ contained provisions, we will combine all optional provided. If the corners of a field in which in section 1 of the Basic Provisions, practical units that are not in compliance with these a center-pivot irrigation system is used do to replant is defined as our determination, provisions into the basic unit from which not qualify as a separate non-irrigated after loss or damage to the insured crop, they were formed. We will combine the optional unit, they will be a part of the unit based on factors, including but not limited to optional units at any time we discover that containing the irrigated acreage. Non- moisture availability, marketing window, you have failed to comply with these irrigated acreage that is not a part of a field condition of the field, and time to crop provisions. If failure to comply with these in which a center-pivot irrigation system is maturity, that replanting the insured crop provisions is determined to be inadvertent, used may qualify as a separate optional unit will allow the crop to attain maturity prior and the optional units are combined into a provided that all other requirements of this to the calendar date for the end of the basic unit, that portion of the additional section are met. 54344 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations
(iii) Optional Units on Separate Acreage (e) The appraised production from (1) The processor must comply with these Planted to Tomatoes: In California only, in bypassed acreage that could have been Crop Provisions; addition to or instead of establishing optional accepted by the processor will be included (2) Prior to the sales closing date, the Board units by section, section equivalent, or FSA when determining your approved yield. of Directors or officers of the processor must Farm Serial Number, optional units may be (f) Acreage that is bypassed because it was execute and adopt a resolution that contains established if acreage planted to tomatoes is damaged by an insurable cause of loss to the the same terms as an acceptable processor separated by a field that is not planted to extent that the processor cannot use the contract. Such resolution will be considered tomatoes, or by a permanent boundary such product will be considered to have a zero a contract under this policy; and as a permanent waterway, fence, public road yield when determining your approved yield. (3) Our inspection provides that the or woodland. Such optional unit must 4. Contract Changes processing facilities comply with the consist of the minimum number of acres definition of a processor contained in these stated in the Special Provisions. Acreage In accordance with section 4 of the Basic Crop Provisions. Provisions, the contract change date is planted to tomatoes that is less than the 9. Insurable Acreage minimum number of acres required will August 31 preceding the cancellation date for attach to the closest unit within the section, California and November 30 preceding the In addition to the provisions of section 9 section equivalent or FSA Farm Serial cancellation date for all other states. of the Basic Provisions: Number. 5. Cancellation and Termination Dates (a) Any acreage of the insured crop that is damaged before the final planting date, to the 3. Insurance Guarantees, Coverage Levels, In accordance with section 2 of the Basic extent that the majority of producers in the and Prices for Determining Indemnities Provisions, the cancellation and termination area would normally not further care for the dates are January 15 in California and March In addition to the requirements of section crop, must be replanted unless we agree that 15 in all other states. 3 of the Basic Provisions: it is not practical to replant; and (a) You may select only one price election 6. Report of Acreage (b) We will not insure any acreage that for all the processing tomatoes in the county In addition to the provisions of section 6 does not meet the rotation requirements, if insured under this policy unless the Special of the Basic Provisions, you must provide a applicable, contained in the Special Provisions provide different price elections copy of all processor contracts to us on or Provisions. by type. The percentage of the maximum before the acreage reporting date in all 10. Insurance Period price election you choose for one type will counties, unless otherwise specified in the In lieu of the provisions contained in be applicable to all other types insured under Special Provisions. section 11 of the Basic Provisions, regarding this policy. For example, if you choose 100 7. Annual Premium the end of the insurance period, insurance percent of the maximum price election for In lieu of the premium amount ceases at the earlier of the date: one type, you must also choose 100 percent (a) You harvest sufficient production to of the maximum price election for all other determinations contained in section 7 of the Basic Provisions, the annual premium fulfill your processor contract if the processor types. contract stipulates a specific amount of (b) Liability under this policy will not amount per acre is determined by multiplying the production guarantee per production to be delivered; exceed the number of tons required to be (b) The tomatoes should have been accepted by the processor under a processor acre by the price election for the third (final) stage; by the premium rate; by the insured harvested but was not harvested; contract in effect on or before: (c) The tomatoes were abandoned; (1) The earlier of August 20 or the date of acreage; by the applicable share at the time of planting; and ultimately by any applicable (d) Harvest was completed; damage to the insured crop in all counties (e) Final adjustment of a loss was with an acreage reporting date of July 15; or premium adjustment factors contained in the Actuarial Table. completed; or (2) The earlier of the acreage reporting date (f) The following calendar date for the end or the date of damage in all other counties. 8. Insured Crop of the insurance period (Exclude indemnities that occur in stage one (a) In accordance with section 8 of the (1) October 20 in California; and and replant payments.) Basic Provisions, the crop insured will be all (2) October 10 in all other states. (c) The price election used to determine the tomatoes in the county for which a 11. Causes of Loss the amount of an indemnity is progressive by premium rate is provided by the actuarial stage and increases, at specified intervals, to table: In accordance with the provisions of the price used for final stage losses. Stages (1) In which you have a share; section 12 of the Basic Provisions: will be determined on an acre basis. The (2) That are planted for harvest as (a) Insurance is provided only against the stages and applicable price elections are: processing tomatoes; following causes of loss that occur during the (1) First stage is from planting until first (3) That are grown under, and in insurance period: fruit set. If any acreage of the insured crop accordance with, the requirements of a (1) Adverse weather conditions, including: is destroyed in this stage, the price used to processor contract executed on or before (i) Excessive moisture that prevents the establish the amount of any indemnity owed August 20 in all counties with an acreage harvesting equipment from entering the field for such acreage will be 50 percent of your reporting date of July 15, or on or before the or that prevents the timely operation of price election; acreage reporting date in all other counties, harvesting equipment; and (2) Second stage is from the first fruit set and are not excluded from the processor (ii) Abnormally hot or cold temperatures until harvest. If any acreage of the insured contract for or during the crop year; and that cause an unexpected number of acres crop is destroyed in this stage, the price used (4) That are not (unless allowed by the over a large producing area to be ready for to establish the amount of any indemnity Special Provisions or by written agreement): harvest at the same time, affecting the timely owed for such acreage will be 80 percent of (i) Grown on acreage on which tomatoes harvest of a large number of such acres or the your price election; and were grown in either of the two previous processing of such production being beyond (3) Third stage (final stage) is harvested years, except in California; the capacity of the processor, either of which acreage. The price election used in this stage (ii) Interplanted with another crop; or causes the acreage to be bypassed; to establish the amount of any indemnity (iii) Planted into an established grass or (2) Fire; owed will be 100 percent of your price legume. (3) Insects, but not damage due to election. (b) You will be considered to have a share insufficient or improper application of pest (d) Any acreage of tomatoes damaged to the in the insured crop if, under the processor control measures; extent, that the majority of producers in the contract, you retain control of the acreage on (4) Plant disease, but not damage due to area would not normally further care for the which the tomatoes are grown, you are at risk insufficient or improper application of tomatoes, will be deemed to have been of loss, and the processor contract provides disease control measures; destroyed even though you may continue to for delivery of processing tomatoes under (5) Wildlife; care for it. The price election used to specified conditions and at a stipulated price. (6) Earthquake; determine the amount of an indemnity will (c) A tomato producer who is also a (7) Volcanic eruption; or be that applicable to the stage in which the processor may establish an insurable interest (8) Failure of the irrigation water supply, tomatoes were destroyed. if the following requirements are met: if due to a cause of loss contained in sections Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations 54345
11(a)(1) through (7) that occurs during the (1) For any optional units, we will combine (1) All appraised production as follows: insurance period. all optional units for which such production (i) Not less than the production guarantee (b) In addition to the causes of loss records were not provided; or for acreage: excluded by section 12 of the Basic (2) For any basic units, we will allocate any (A) That is abandoned; Provisions, we will not insure against any commingled production to such units in (B) Put to another use without our consent; loss of production due to: proportion to our liability on the harvested (C) That is damaged solely by uninsured (1) Acreage being bypassed, if the acreage acreage for the units. causes; or is bypassed because: (b) In the event of loss or damage covered (D) For which you fail to provide (i) The breakdown or non-operation of by this policy, we will settle your claim by: production records that are acceptable to us. equipment or facilities; or (1) Multiplying the insured acreage by its (ii) Production lost due to uninsured (ii) The availability of a crop insurance respective production guarantee, by type if causes; payment. We may deny any indemnity applicable; (iii) Production on acreage that is bypassed immediately in such circumstance or, if an (2) Multiplying each result of section unless the acreage was bypassed due to an indemnity has been paid, require you to 14(b)(1) by the respective price election, by insured cause of loss which resulted in repay it to us with interest at any time type if applicable; production which would not be acceptable acreage was bypassed due to the availability (3) Totaling the results of section 14(b)(2) under the terms of the processor contract; of a crop insurance payment; if there are more than one type; (iv) Potential production on insured (2) The processing tomatoes not being (4) Multiplying the total production to acreage that you intend to put to another use timely harvested, unless such delay in counted (see section 14(c)), for each type if or abandoned, if you and we agree on the harvesting is solely and directly due to an applicable, by its respective price election; appraised amount of production. Upon such insured cause of loss; or (5) Totaling the results of section 14(b)(4) agreement, the insurance period for that (3) Your failure to follow the requirements if there are more than one type; acreage will end when you put the acreage contained in the processor contract. (6) Subtracting the result of section 14(b)(4) to another use or abandon the crop. If agreement on the appraised amount of 12. Replanting Payment from the result of section 14(b)(2) if there is only one type or subtracting the result of production is not reached: (a) In accordance with section 13 of the section 14(b)(5) from the result of section (A) If you do not elect to continue to care Basic Provisions, a replanting payment is 14(b)(3) if there are more than one type; and for the crop, we may give you consent to put allowed if the crop sustained a loss (7) Multiplying the result of section the acreage to another use if you agree to exceeding 50 percent of the plant stand and 14(b)(6) by your share. leave intact, and provide sufficient care for, it is practical to replant. For example: representative samples of the crop in (b) The maximum amount of the replanting You have a 100 percent share in 50 acres locations acceptable to us, (The amount of production to count for such acreage will be payment per acre will be the lesser of 20 of type A processing tomatoes in the unit, based on the harvested production or percent of the production guarantee or three with a guarantee of 18.8 tons per acre and a appraisals from the samples at the time tons, multiplied by your third stage (final) price election of $50.00 per ton. You are only harvest should have occurred. If you do not price election, multiplied by your share. able to harvest 10.0 tons. Your indemnity leave the required samples intact, or you fail 13. Duties in the Event of Damage or Loss would be calculated as follows: × to provide sufficient care for the samples, our In addition to the notice required by (1) 50.0 acres 18.8 tons = 940.0 tons appraisal made prior to giving you consent to guarantee; section 14 of the Basic Provisions, you must × put the acreage to another use will be used give us notice: (2) 940.0 tons $50.00 price election = to determine the amount of production to $47,000.00 value guarantee; (a) Not later than 48 hours after: × count); or (1) Total destruction of the tomatoes in the (4) 10.0 tons $50.00 price election = (B) If you elect to continue to care for the unit; or $500.00 value of production to count; crop, the amount of production to count for (2) Discontinuance of harvest on a unit on (6) $47,000.00¥$500.00 = $46,500.00 loss; the acreage will be the harvested production, and or our reappraisal if additional damage which unharvested production remains; × (b) Within 3 days after the date harvest (7) $46,500 100 percent = $46,500.00 occurs and the crop is not harvested; should have started on any acreage that will indemnity payment. (2) All harvested production (in tons) not be harvested. You must also provide You also have a 100 percent share in 50 delivered to the processor which meets the acceptable documentation of the reason the acres of type B processing tomatoes in the quality requirements of the processor acreage was bypassed. Failure to provide same unit, with a guarantee of 15.0 tons per contract (expressed as usable or payable such documentation will result in our acre and a price election of $35.00 per ton. weight). determination that the acreage was bypassed You are only able to harvest 5.0 tons. Your (3) All harvested tomato production due to an uninsured cause of loss. If the crop total indemnity for both types A and B would delivered to processor which does not meet will not be harvested and you wish to destroy be calculated as follows: the quality requirements of the processor (1) 50.0 acres × 18.8 tons = 940.0 ton contract due to not being timely delivered. the crop, you must leave representative × samples of the unharvested crop for our guarantee for type A and 50.0 acres 15.0 (d) Once harvest has begun on any acreage tons = 750.0 ton guarantee for type B; covered by a processor contract that specifies inspection. The samples must be at least 10 × feet wide and extend the entire length of each (2) 940.0 ton guarantee $50.00 price the number of tons to be delivered, the total election = $47,000.00 value of guarantee for indemnity payable will be limited to an field in the unit. The samples must not be × destroyed until the earlier of our inspection type A and 750.0 ton guarantee $35.00 = amount based on the lesser of the guaranteed or 15 days after notice is given to us; and $26,500.00 value of guarantee for type B; tons, or the tons remaining unfulfilled under the processor contract. (c) At least 15 days prior to the beginning (3) $47,000.00 + $26,500.00=$72,500.00 of harvest if you intend to claim an total value of guarantee; 15. Late and Prevented Planting (4) 10.0 tons × $50.00 price indemnity on any unit, or immediately if The late and prevented planting provisions election=$500.00 value of production to damage is discovered during the 15 day × of the Basic Provisions are not applicable. period or during harvest, so that we may count for type A and 5.0 tons $35.00 price 16. Written Agreements. inspect the damaged production. If you fail election=$175.00 value of production to to notify us and such failure results in our count for type B; Terms of this policy which are specifically inability to inspect the damaged production, (5) $500.00 + $175.00=$675.00 total value designated for the use of written agreements we will consider all such production to be of production to count; may be altered by written agreement in undamaged and include it as production to (6) $72,500.00¥$675.00=$71,575.00 loss; accordance with the following: count. You are not required to delay harvest. and (a) You must apply in writing for each (7) $71,575 loss × 100 percent=$71,575.00 written agreement no later than the sales 14. Settlement of Claim indemnity payment. closing date, except as provided in section (a) We will determine your loss on a unit (c) The total production to count, specified 16(e); basis. In the event you are unable to provide in tons, from all insurable acreage on the unit (b) The application for a written agreement separate acceptable production records: will include: must contain all variable terms of the 54346 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations contract between you and us that will be in Comment Date: Written comments designates Consular Officers as effect if the written agreement is not must be submitted on or before February Immigration Officers, solely for approved; 17, 1998. purposes of section 531 of IIRIRA and (c) If approved, the written agreement will ADDRESSES: Please submit written this new part 213a. Thus, an alien who include all variable terms of the contract, is issued an immigrant visa before including, but not limited to, crop type or comments, in triplicate, to the Director, variety, the guarantee, premium rate, and Policy Directives and Instructions December 19, 1997 will not be required price election; Branch, Immigration and Naturalization to present an affidavit of support that (d) Each written agreement will only be Service, 425 I Street NW., Room 5307, complies with the requirements of valid for one year (If the written agreement Washington, DC 20536. To ensure section 213A of the Act, even if the is not specifically renewed the following proper handling, please reference INS alien does not apply for admission until year, insurance coverage for subsequent crop No. 1807–96 on your correspondence. December 19, 1997, or later. years will be in accordance with the printed Comments are available for public Under section 213A of the Act, Form policy); and inspection at the above address by I–864, Affidavit of Support Under (e) An application for a written agreement calling (202) 514–3048 to arrange for an Section 213A of the Act, is a legally submitted after the sales closing date may be enforceable contract between the approved if, after physical inspection of the appointment. acreage, it is determined that no loss has FOR FURTHER INFORMATION CONTACT: sponsor and the Federal Government, occurred and the crop is insurable in Miriam J. Hetfield, Office of for the benefit of the sponsored accordance with the policy and written Adjudications, Immigration and immigrant and of any Federal, State, or agreement provisions. Naturalization Service, 425 I Street NW., local government agency or private Signed in Washington, D.C., on October 10, Room 3214, Washington, DC 20536; entity that provides the sponsored 1997. telephone (202) 514–5014; or Lisa S. immigrant with any means-tested public Kenneth D. Ackerman, Roney, Office of Policy and Planning, benefit. The sponsor must sign the Form I–864 before a notary public or a United Manager, Federal Crop Insurance 425 I Street NW., Room 6052, States Immigration Officer or Consular Corporation. Washington, DC 20536; telephone (202) Officer. By executing Form I–864, the [FR Doc. 97–27652 Filed 10–17–97; 8:45 am] 514–3242. sponsor agrees to provide the financial BILLING CODE 3410±08±P SUPPLEMENTARY INFORMATION: On support necessary to maintain the September 30, 1996, the President sponsored immigrant at an income that approved enactment of the Illegal is at least 125 percent of the Federal DEPARTMENT OF JUSTICE Immigration Reform and Immigrant poverty line, unless the obligation has Responsibility Act of 1996 (IIRIRA), Immigration and Naturalization Service terminated. The sponsor also agrees to Public Law 104–208. Section 531(a) of reimburse any agencies which provide IIRIRA amends section 212(a)(4) of the 8 CFR Parts 213a and 299 means-tested public benefits to a Act to provide that an alien is sponsored immigrant. The sponsor [INS No. 1807±96] inadmissible as an alien likely to must, under civil penalty, notify the become a public charge if the alien is RIN 1115±AE58 Service and the State(s) in which the seeking an immigrant visa, admission as sponsored immigrant(s) reside of any Affidavits of Support on Behalf of an immigrant, or adjustment of status as: change in the sponsor’s address. Should Immigrants (a) An immediate relative, (b) a family- the sponsored immigrant obtain any based immigrant, or (c) an employment- means-tested public benefit, with AGENCY: Immigration and Naturalization based immigrant, of a relative if the certain exceptions, the agency that Service, Justice. alien is the petitioning employer or provides the means-tested public benefit ACTION: Interim rule with request for owns a significant ownership interest in may, after first making a written request comments. the entity that is the petitioning for reimbursement, sue the sponsor in employer. To overcome this ground of Federal or State court to recover the SUMMARY: This rule amends the inadmissibility, the alien must be the unreimbursed costs of the means-tested Immigration and Naturalization Service beneficiary of an affidavit of support public benefit, including costs of (Service) regulations by establishing that filed under the new section 213A of the collection and legal fees. This interim an individual (the sponsor) who files an Act. Section 213A of the Act specifies rule implements section 213A of the Act affidavit of support under section 213A the conditions that must be met in order by adding a new 8 CFR part 213a. of the Immigration and Nationality Act for an affidavit of support to be Intending immigrants who require an (the Act) on behalf of an intending sufficient to overcome the public charge affidavit of support under section 213A immigrant incurs an obligation that may inadmissibility ground. of the Act be enforced by a civil action. This rule Under 531(b) of IIRIRA, the new Under section 212(a)(4)(C) of the Act, also specifies the procedures that affidavit of support will be required for all family-sponsored immigrants, Federal, State, or local agencies or all applications for immigrant visas or including immediate relatives, are private entities must follow to seek for adjustment of status filed on or after inadmissible unless the petitioner has reimbursement from the sponsor for December 19, 1997. Section 531(b) of executed an affidavit of support under provision of means-tested public IIRIRA excuses an applicant for section 213A of the Act. Aliens who benefits, and provides procedures of admission from the affidavit of support immigrate under the classification for imposing the civil penalty provided for requirement if the applicant had ‘‘an battered spouses and children and under section 213A of the Act, if the official interview with an immigration widow/widowers (see sections sponsor fails to give notice of any officer’’ before December 19, 1997. 204(a)(1)(A) (ii), (iii), or (iv) and change of address. This rule is necessary Because of the massive administrative 204(a)(1)(B) (ii) or (iii) of the Act) do not to ensure that sponsors of aliens meet burden that would result from requiring require a Form I–864 to overcome the their obligations under section 213A of aliens who obtain immigrant visas public charge ground of inadmissibility. the Act. before December 19, 1997, but do not The Act also provides that certain DATES: Effective Date: This interim rule apply for admission until on or after employment-based immigrants under is effective on December 19, 1997. December 19, 1997, this interim rule section 203(b) of the Act are Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations 54347 inadmissible unless an affidavit of Affidavit of Support Sponsors Under permanent resident who is living abroad support has been executed on their Section 213A of the Act is considered to have a domicile in the behalf. Sections 212(a)(4(D) and Section 212(a)(4)(C)(ii) of the Act United States if he or she has applied 213A(f)(4)(A) of the Act state that an states that the person petitioning for the for and obtained preservation of employment-based immigrant requires alien’s admission on an immigrant residence benefit under section 316(a) an affidavit of support if a relative of the relative visa petition must execute an or 317 of the Act. A U.S. citizen living immigrant, or an entity in which a affidavit of support in order for the alien abroad whose employment meets the relative of the immigrant has a to overcome the ground of requirements of section 319(b)(1) of the Act will be considered to have a significant ownership interest, filed the inadmissibility. United States citizens domicile in the United States. employment-based immigrant petition. who petition for an orphan under 8 CFR Sections 213A(f)(1)(E) and 213A(f)(5) This interim rule defines a relative for 204.3 must also execute a Form I–864. of the Act state that a sponsor, including purposes of this section as a spouse, Similarly, under section 212(a)(4)(D) of a joint sponsor, must demonstrate the parent, child, adult son or daughter, or the Act, the relative who filed an means to maintain an annual income sibling, which are relationships employment-based petition on behalf of equal to at least 125 percent of the recognized in the Act as according the immigrant or a relative who has a Federal poverty line. Section 213A(f)(3) immigration benefits. Neither the statute significant ownership interest in the of the Act reduces the income nor the legislative history defines the entity which filed an employment-based requirements to 100 percent of the term ‘‘significant ownership interest.’’ petition on behalf of the immigrant must Federal poverty line for persons on The Service examined the use of the also execute an affidavit of support. The active duty (other than active duty for term in other statutes and regulations. petitioner must also sign and submit a training) in the Armed Forces of the Several statutes and regulations defined separate Form I–864 on behalf of any Untied States who are filing petitions on ‘‘significant ownership interest’’ as a 5 spouse or children who accompany or behalf of their spouse or child. Under percent ownership interest in a for- follow to join the principal beneficiary section 213A(h) of the Act, the ‘‘Federal profit entity. See 26 U.S.C. 613A(d)(3) of the immigrant visa petition. This poverty line’’ means the level of income and 26 CFR 1.613A–7 (for determining interim rule uses the term ‘‘sponsor’’ to equal to the official poverty line, as relationship between entities for define the individual who executes an defined by the Director of the Office of purposes of determining limits on oil affidavit of support. A sponsor must be Management and budget and revised and natural gas depletion allowances); a natural person and cannot be a annually by the Secretary of Health and corporation or other entity. 42 CFR 424.22(d)(1) (physician’s Human Services, that is applicable to If there is a spouse or any children interest in a home health agency); 45 the size of the sponsor’s household. For immigrating with a sponsored CFR 94.3 and 42 CFR 50.603 (for purposes of the Form I–864, the Service immigrant, the sponsor may complete and Consular Posts will use the most determining researcher’s interest in an the Form I–864 for the principal entity receiving research grants); 48 CFR recent income-poverty guidelines immigrant and sign and submit published in the Federal Register by the 952.204–73(c) (for questions relating to photocopies of the completed form and foreign ownership of certain Department Department of Health and Human all accompanying documentation for Services. These guidelines are updated of Energy contractors). In only one each spouse and/or child listed in part annually, and the Service and Consular situation was ‘‘significant ownership 3 of the Form I–864. The sponsor must Posts will begin to use updated interest’’ defined to mean more than a sign each photocopy of the form I–864 guidelines on the first day of the second 5 percent interest; 17 CFR 104.735–2 with an original signature before a month after the date the guidelines are (for limiting investments of members of notary public or an Immigration or published in the Federal Register. the Commodity Futures Trading Consular Officer. If a spouse or child Section 213A(f)(6)(A)(iii) of the Act Commission). And, in that case, it is a files an application for an immigrant defines the size of the sponsor’s 10 percent ownership interest that is visa or adjustment of status 6 months or household for purposes of determining deemed significant. Accordingly, this more after the sponsor originally signed ability to maintain income. The interim regulation defines the term the affidavit of support, the sponsor sponsor’s household size includes the ‘‘significant ownership interest’’ as a 5 must execute a new Form I–864 on his sponsor, all persons who are related to percent or greater ownership interest in or her behalf. the sponsor by birth, marriage, or adoption and who live at the same a for-profit entity. Sponsorship Requirements Aliens who are ‘‘accompanying or residence as the sponsor, including the Section 213A(f)(1) of the Act sets forth following to join’’ the beneficiary of a sponsor’s spouse, and any other the requirements to be a sponsor. The dependents whom the sponsor has petition pursuant to section 203(d) of individual executing the Form I–864 lawfully claimed on the sponsor’s the Act are seeking an immigrant visa or must be a citizen or national of the personal Federal income tax return adjustment of status under the same United States or a lawful permanent (even if those dependents do no live immigrant visa category as the resident of the United States, be at least with the sponsor), plus all aliens beneficiary of the immigrant visa 18 years of age, be domiciled in the included in the current affidavit of petition. See section 203(d) of the Act. United States or any of its territories or support, and any immigrants who have This interim regulation, therefore, possessions, and demonstrate the means been previously sponsored under provides that a Form I–864 must be to maintain an income of at lease 125 section 213A of the Act, unless the executed on behalf of any percent of the Federal poverty guideline obligation has terminated. accompanying or following to join (100 percent of the poverty guideline for By signing the new affidavit of spouse or child under section 203(d) of sponsors on active duty in the Armed support under section 213A of the Act, the Act, if they are filing applications Forces of the United States who are the sponsor agrees to provide support to for immigrant visas or adjustment of petitioning for their spouse or child). maintain the sponsored immigrant(s) at status after December 19, 1997 in a The term ‘‘domicile’’ is defined in or above 125 percent of the Federal classification for which an affidavit of accordance with the generally accepted poverty line. See section 213A(a)(1)(A) support is required. definition of the term. A lawful of the Act. Because the sponsor has an 54348 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations obligation to support the sponsored income threshold. This written contract immigrants sponsored in the Form I– immigrant(s) at or above 125 percent of will provide that each person whose 864 being filed or in a previous Form I– the poverty line, for purposes of the income the sponsor will rely on has 864 where the obliagion has not Form I–864, the sponsor’s household agreed, in consideration of the sponsor’s terminated. There may be instances in size is increased by the number of signing of the Form I–864, to assist the which an Immigration or Consular immigrants sponsored in the affidavit of sponsor in supporting the sponsored Officer may question the sponsor’s support. This applies to all affidavits of immigrant(s), to be held jointly and ability to maintain income based on the support under section 213A of the Act, severally liable for payment of any sponsor’s current employment situation, regardless of whether the sponsored reimbursement obligation that the on the Federal income tax returns for immigrant(s) will be living in the same sponsor may incur, and to submit to the the 3 most recent tax years, or on receipt residence as the sponsor. Therefore, personal jurisdiction of any competent of welfare benefits. under this interim rule, the sponsor’s court. If the petitioner is unable to ability to maintain income is measured If the sponsor will rely on the income demonstrate the means to maintain against the number of family members of a member of the sponsor’s household income equal to at least 125 percent of residing with the sponsor and other who is also the immigrant who is the poverty line, the intending dependents, plus any persons for whom sponsored in the affidavit of support immigrant is inadmissible under section the sponsor has previously executed a being filed, the sponsored immigrant 212(a)(4) of the Act, unless the Form I–864 for whom the support need not sign a Form I–864A, unless the petitioner and/or the sponsored obligation has not terminated, and the sponsored immigrant’s income will be immigrant(s) demonstrate significant number of immigrants sponsored in the used to determine the sponsor’s ability assets which are available for the current affidavit of support. to support a spouse or any children support of the sponsored immigrant(s) Section 213A(f)(6)(A)(i) of the Act listed in Part 3 of Form I–864 who are or a joint sponsor also executes a Form provides that a sponsor must provide a immigrating with the sponsored I–864. In order to be a joint sponsor, the copy of the sponsor’s individual Federal immigrant. If there is no spouse or child individual must execute a separate income tax return for each of the 3 most immigrating with the sponsored Form I–864 and must accept joint legal recent tax years, and that the sponsor immigrant, then there will be no need responsibility with the petitioning must certify under penalty of perjury for the sponsored immigrant to sign a sponsor and have an income and/or that the copies are true and correct Form I–864A. If, however, the sponsor assets, based on his or her household copies of the returns as filed with the seeks to rely on a sponsored immigrant’s size, including dependents and the Internal Revenue Service (IRS). The new income to establish the sponsor’s ability number of persons previously and Form I–864 includes a certification that to support the sponsored immigrant’s currently sponsored on Form I–864, any attached tax returns are true and spouse and/or children, then the which meets or exceeds 125 percent of correct copies. Accordingly, this interim sponsored immigrant whose income is the Federal poverty line. See section rule requires the sponsor to attach his or to be relied on must sign the Form I– 213A(f)(5) of the Act. her Federal income tax returns as filed 864A, agreeing to make his or her Under section 213A(f)(6)(A)(ii) of the with the IRS for each of the 3 most income available to support the other Act, a sponsor may demonstrate the recent tax years. If the sponsor has not sponsored immigrants. Either the means to maintain income through filed tax returns for any of the 3 most sponsor, as a party to the contract, or the demonstration of significant assets of recent tax years, he or she must explain sponsored immigrant(s) and any the sponsor and/or the sponsored his or her failure to file. For purposes Federal, State, local, or private agency, immigrant(s), if such assets are available of demonstrating means to maintain as third party beneficiaries, will be able for the support of the sponsored income, the total income, before to bring a civil action to enforce the immigrant(s). This section allows either deductions, in the sponsor’s tax return written contract. the sponsor or the sponsored for the most recent taxable year will be Federal individual income tax returns immigrant(s) to demonstrate that he or generally determinative. See section for the 3 most recent tax years must be she owns significant assets which 213A(f)(6)(B) of the Act. If the sponsor attached to the Form I–864 for each enable the sponsor to demonstrate that can establish that he or she was not individual whose income is used to sufficient resources exist to support the legally obligated to file a Federal income qualify. These individuals must certify sponsored immigrant(s), even if the tax return for any of the 3 most recent on Form I–864A, under penalty of sponsor’s household income is below tax years, other evidence of annual perjury, that any attached tax returns are the Federal poverty line. The sponsor income may be considered. true and correct copies of the returns as may also rely on the assets of any In order to meet the income threshold, submitted to the IRS. If any of these individuals who are listed as the sponsor may rely on his or her own individuals has no legal obligation to dependents on the sponsor’s tax return income, the income of his or her spouse, file a Federal income tax return for any for the most recent tax year or any and the income of any other individuals of the 3 most recent tax years, he or she individuals who are related to the who are related to the sponsor by birth, must explain his or her failure to file sponsor by birth, marriage, or adoption marriage, or adoption, and have been and provide other evidence of annual and have been living in the sponsor’s living in the sponsor’s residence for the income. The sponsor and any other residence for the previous 6 months, previous 6 months or who are listed as individual whose income is used to a provided that such individuals execute dependents on the sponsor’s most qualify must also submit current a contract on Form I–864A. Because recent income tax return. In order to evidence of employment or self- section 213A(f)(6)(A)(ii) of the Act rely on the income of these other employment (if any). specifically permits the sponsor to rely persons, however, the sponsor must After calculating household income, on the assets of the immigrant include with the affidavit of support a the sponsor must determine whether his sponsored in the affidavit of support written contract on Form I–864A, or her total income level meets or being filed, the sponsored immigrant is Contract Between Sponsor and exceeds the poverty guidelines, based not required to sign Form I–864A in Household Member, between the on the applicable household size, order for the Consular Officer or sponsor and each person whose income including family members residing with Immigration Officer to consider the the sponsor will rely on to meet the the sponsor, dependents, and any sponsored immigrant’s assets. To Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations 54349 reiterate, a sponsored immigrant who is Medicaid and Temporary Assistance to Sponsor’s Change of Address a member of the sponsor’s household is Needy Families (TANF) programs are Obligations required to sign a Form I–864A only if the only ‘‘Federal means-tested public Under section 213A(d) of the Act, the the sponsor will rely on that sponsored benefits’’ paid by that agency which are sponsor must notify the Attorney immigrant’s income to show the not otherwise exempted from General and the State in which each sponsor’s ability to support a spouse or reimbursement and relevant provisions sponsored immigrant is currently a child immigrating with the sponsored of the Personal Responsibility and Work resident of the sponsor’s new address immigrant. Opportunity Reconciliation Act of 1996. within 30 days of any change of address. The Service has determined that See 62 FR 45256 (August 26, 1997). The If the sponsor fails to do so, the sponsor assets must be sufficient to support the Social Security Administration has may be subject to a civil penalty. The intending immigrant(s) for at least 5 determined that the only ‘‘Federal sponsor meets the obligation of years, if necessary. Under section 403(a) means-tested public benefits’’ paid by reporting a change of address by of the Personal Responsibility and Work that agency which are not otherwise completing Form I–865, Sponsor’s Opportunity Reconciliation Act of 1996, exempted from reimbursement and Public Law 104–194, any alien (with Notice of Change of Address, and filing relevant provisions of the Personal the completed Form I–865 with the certain exceptions) who obtains lawful Responsibility and Work Opportunity permanent resident status after Service. Any agency which provides Reconciliation Act of 1996 are means-tested public benefits may obtain enactment is ineligible for any Federal Supplemental Security Income (SSI) means-tested public benefit for a period information on the sponsor’s current payments made under Title XVI of the address through the Service’s of 5 years. In addition, 5 years is the Social Security Act. See 62 FR 45284 general residency requirement to qualify established system for verifying alien (August 26, 1997). status. Since this information will be for naturalization. See section 316(a) of ‘‘State means-tested public benefit’’ is the Act. This interim rule, therefore, available to an agency through this defined as any public benefit for which verification procedure, the Service will provides that significant assets must no Federal funds are provided that a total at least five times the difference consider the sponsor’s filing of Form I– State, State agency, or political 865 with the Service as sufficient for between the Federal poverty line and subdivision of a State defines as a the sponsor’s household income. complete compliance with requirements ‘‘means-tested public benefit.’’ This of section 213A(d)(1) of the Act. This is, Effect of Affidavit of Support interim rule also indicates that Federal a sponsor will be considered to have Under section 213A(a)(1) of the Act, agencies and States should issue given notice to both the Service and the the execution of an affidavit of support determinations of which benefits are State where the sponsored immigrant under section 213A of the Act, coupled considered ‘‘means-tested public resides, and so will avoid a civil penalty with the sponsored immigrant’s benefits’’ before the effective date of this under section 213A(d)(2) of the Act, if acquisition of permanent residence, rule or as soon as possible thereafter. In the sponsor files a properly completed creates a contract between the sponsor addition, no benefit is considered to be Form I–865 with the Service in and the U.S. Government which is a means-tested public benefit if it is a accordance with new 8 CFR 213a.3. The legally enforceable against the sponsor benefit described in sections 401(b), States do not have independent by the sponsored immigrant, any 411(b), 422(b), or 423(d) of Public Law authority to impose a civil penalty Federal, State, or local governmental 104–193. Means-tested benefits may be under section 213A(d) of the Act; agency, or by any other entity which determined on such bases as income, section 213A(d)(2) expressly gives provides any means-tested public resources, or the financial need of an enforcement authority to the Attorney benefits to the sponsored immigrant. individual, household, or unit. General. This rule is not intended to The sponsor is obligated to reimburse Under section 213A(a)(2) of the Act, preempt a State from requiring a government agencies and private the sponsor’s obligation terminates sponsor to file a change of address with entities which provide means-tested upon the sponsored immigrant’s the State, as well as with the Service. public benefits to the sponsored alien. naturalization or when the sponsored But failure to comply with a State’s Section 423(d) of the Personal immigrant has worked or can be requirement, if any, will not subject the Responsibility and Work Opportunity credited with 40 qualifying quarters of sponsor to a civil penalty under section Reconciliation Act of 1996 specifically work. This interim rule also provides 213A(d) of the Act, if the sponsor filed exempts some benefits from the that the sponsor’s obligation terminates the Form I–865 with the Service. reimbursement requirement. This if the sponsor or the sponsored The Service will adjudicate cases interim rule defines ‘‘means-tested immigrant dies, or if the sponsored involving imposition of the civil penalty public benefit’’ as both a ‘‘Federal immigrant ceases to hold permanent for failure to comply with the section means-tested public benefit’’ and a resident status and has departed the 213A(d) change of address requirement ‘‘State means-tested public benefit.’’ The United States. Termination of the under the previously established former is defined as any public benefit support obligation does not relieve the procedures for cases involving civil funded in whole or in part by funds sponsor, or the sponsor’s estate, of any penalties under the Act. These provided by the Federal Government liability for reimbursement that accrued procedures are codified at 8 CFR part that the Federal agency administering before the termination of the support 280. If the sponsor is a lawful the Federal funds defines as a ‘‘Federal obligation. If the sponsor can establish permanent resident, the sponsor must means-tested public benefit.’’ As of the that the obligation to support an also comply with the change of address date of the publication of this interim immigrant under a previous Form I–864 requirement imposed by 8 CFR 265.1, in rule, two Federal agencies had no longer exists, that immigrant will not addition to the change of address published notices stating which of the be considered as part of the sponsor’s requirement of section 213A(d) of the programs they administer are household size for purposes of Act. considered ‘‘Federal means-tested determining the sponsor’s income public benefits.’’ The Department of requirement when executing a new Actions for Reimbursement Health and Human Services has affidavit of support on behalf of another This interim rule implements section determined that payments under the alien. 213A(b) of the Act by specifying the 54350 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations manner in which an agency or entity attributed to the immigrant is limited to Mandate Assessment is required requesting reimbursement must notify the support the sponsor and spouse because this rule ‘‘incorporate[s] the sponsor of his or her obligations and actually provide to the sponsored requirements specifically set forth in how a Federal, State, or local agency or immigrant. If the agency makes this law.’’ private entity may take judicial action to determination, section 421(e)(2) requires Executive Order 12866 obtain reimbursement. Requests for the agency to notify the Attorney reimbursement must be served by General of information that the Attorney The Commissioner considers this rule personal service, as defined by 8 CFR General would need to make the report to be a ‘‘significant regulatory action’’ 103.5a(a)(2). The request for required under section 565 of IIRIRA. under Executive Order 12866, section reimbursement shall specify the date the 3(f), Regulatory Planning and Review, Notice and Comment Requirements sponsor’s affidavit of support was because, over time, it will have a received by the Service or Consular Sections 531(b) and 551(c) of the significant economic impact on the office, the sponsored immigrant’s name, IIRIRA, Public Law 104–208, make the Federal Government in excess of $100 alien registration number, address, and new affidavit of support requirement million. date of birth, as well as the type(s) of effective as of the date that is 60 days Under provisions included in the means-tested public benefit that the after promulgation of the new affidavit Personal Responsibility and Work sponsored immigrant received, the dates of support form. The Service is Opportunity Reconciliation Act of 1996, the sponsored immigrant received the promulgating the new affidavit of most immigrants are barred from means-tested public benefit(s), and the support form simultaneously with the receiving SSI benefits and food stamps total amount of the means-tested public publication of this interim rule. To until they become U.S. citizens or can benefit(s) received. It is not necessary to begin using the new affidavit of support be credited with 40 quarters of work. make a separate request for each type of form without this accompanying rule This restriction applies to most newly means-tested public benefit, nor for would cause widespread confusion arriving immigrants, and to any aliens each separate payment. The agency may about these new requirements. Only by who were already admitted as instead aggregate in a single request all having this rule in effect on the date that immigrants, but whose eligibility for benefit payments the agency has made aliens must begin submitting the new benefits was not preserved under the as of the date of the request. The request affidavit of support can this confusion Balanced Budget Act of 1997, Public for reimbursement shall also notify the be mitigated. For this reason, the Law 105–33. Most immigrants are also sponsor that the sponsor must, within Commissioner finds that good cause barred from most other Federal means- 45 days of the date of service, respond exists to make this rule effective without tested public benefits for their first 5 to the request for reimbursement either observing the provisions of 5 U.S.C. 553 years in the United States. Veterans and by paying the reimbursement or by for prior notice and comment. The persons on active duty in the U.S. arranging to commence payments Commissioner nevertheless invites military, their spouses and dependent pursuant to a payment schedule that is written comments on this interim rule children and their unremarried agreeable to the program official. If the and, in formulating the final rule, will surviving spouses are exempt from the sponsor fails to respond to a formal consider any written comments that are 5-year ban. Refugees, asylees, aliens request for reimbursement issued by a received timely. whose deportation or removal is being withheld, immigrants who are Cuban- nongovernmental entity or a Regulatory Flexibility Act government agency within 45 days by Haitian entrants and certain Amerasian indicating a willingness to commence The Commissioner has determined, in immigrants are also exempt. American payment, the agency or entity may sue accordance with 5 U.S.C. 605(b), that Indians born in Canada referred to in the sponsor in State or Federal court. this rule will not have a significant section 289 of the Act are exempt from Section 213A(b)(2) of the Act sets forth economic impact on a substantial the 5-year ban with respect to SSI and the procedures to compel number of small entities. The factual Medicaid benefits only. The number of reimbursement. Section 213A(b)(2)(C) basis for this determination is that this newly admitted permanent residents in fixes a 10-year statute of limitations on rule applies to the individual sponsor these categories who are subject to the suits to collect reimbursement. and the sponsored immigrant, who are affidavit of support requirement in not within the definition of small section 213A of the Act is small. Reports to Congress entities established by 5 U.S.C. 601(6). This regulation implements Section 213A(i)(3) of the Act and In this regard, it is important to note provisions of the Personal section 565 of IIRIRA require the that it is the immigrant’s relative in that Responsibility Act and the Illegal Attorney General to make periodic relative’s individual capacity, and not Immigration Reform and Immigrant reports to Congress. This interim rule the firm, that incurs the obligation to Responsibility Act of 1996 which incorporates these reporting support an employment-based require that all family-based and certain requirements into 8 CFR 213a.4(b). immigrant who is subject to the affidavit employment-based immigrants be Under section 421 of the Personal of support requirement. Since the duties sponsored through legally enforceable Responsibility and Work Opportunity imposed on the sponsor arise from the affidavits of support. If a sponsored Reconciliation Act of 1996, an agency sponsor’s participation in a voluntary immigrant applies for Federal means- that provides means-tested public Federal program, this rule is not a tested public benefits, all of the income benefits may deem the income and Federal private sector mandate, as and resources of the sponsor and the resources of an immigrant to include the defined by 2 U.S.C. 658(7)(A)(ii). The sponsor’s spouse will be deemed to be income of any sponsor (including the rule implements statutory requirements available to the sponsored immigrant in income of the sponsor’s spouse) who placed on Federal, State, and local determining eligibility for the benefit. In has executed an affidavit of support on government agencies related to seeking most cases this would make the behalf of the immigrant. However, if an reimbursement of benefits from a sponsored immigrant ineligible for the agency determines that without its sponsor under an affidavit of support. benefit sought. Affidavits of support assistance the immigrant would be Agencies must also make certain reports will be enforceable against sponsors by unable to obtain food and shelter, the to the Service. Under 2 U.S.C. 1531, any agency providing Federal, State, or amount of income that may be however, no Federal Intergovernmental local means-tested benefits, with certain Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations 54351 exceptions (notably emergency medical estimated to increase to about $600 governments, either because they care, disaster relief, school lunches, million in 2004, $900 million in 2005, choose to deem sponsor income and foster care, student loans, and Head $1.3 billion in 2006, and $1.7 billion in resources for their own programs or Start benefits) to sponsored immigrants 2007. Reduced Federal outlays because they choose to make their own until the sponsored immigrants become beginning in 2003 are transfers from locally or State-funded assistance U.S. citizens or can be credited with 40 permanent resident aliens and their programs available to permanent quarters of work. families to the U.S. Treasury to the residents while they are not eligible for Significant savings due to deeming of extent that third parties such as States Federal means-tested programs. Savings the income and resources of sponsors and charities do not increase their to States from reduced use of Federally and their spouses to sponsored spending to cover these benefits. funded means-tested public benefits immigrants will accrue only after the There will also be administrative fifth anniversary of welfare and illegal costs to the Federal Government toward which States match funds may immigration reform implementation. associated with these provisions. Some be offset by some increased use of Before that time, savings would be of these costs may be offset by locally and State-funded programs. In minimal since very few new immigrants subsequent adjustments to fees for the absence of information about what would be exempt from the bar to Consular immigrant visa and Service actions States will choose to take, costs receiving benefits, and only a small adjustment of status applications, a cost and savings to State and local fraction of that group would be expected borne primarily by new family-based governments are not estimated. to apply for Federal means-tested immigrants to the United States. The Supporting immigrants so that they benefits, resulting in the deeming of Department of State and the will not become public charges may also sponsors’ income and resources. Immigration and Naturalization Service impose costs on sponsors. These costs Estimates of cost savings due to the will print and distribute the new are hard to quantify since in many cases deeming of sponsors’ incomes to affidavits of support forms to their the sponsored immigrants will become immigrants who seek benefits made in offices in the United States and largely or entirely self-supporting. early 1996 during consideration of overseas, and will review affidavits of Under the sponsorship provisions of the illegal immigration reform legislation support for an estimated 565,000 family- are not applicable because they could based immigrants annually. The number law, sponsors are required to support not take into account the enactment of of employment-based immigrants who the immigrants for whom they have welfare reform in August 1996 which will need affidavits of support is signed affidavits of support at 125 preempted the impacts of sponsor unknown but assumed to be small. percent of the poverty line until the deeming by making most permanent Under current procedures Consular sponsorship obligation terminates, resident aliens, with or without and Immigration Officers determine usually through the naturalization of the sponsors, ineligible for Federal means- whether each new immigrant is likely to sponsored immigrants. tested public benefits for 5 years, and become a public charge, either through Executive Order 12612 potentially longer for SSI and food examining a non-legally binding stamps. affidavit of support or other This rule does not have substantial Because of the 5-year ban on documentation, including direct effects on the States, on the immigrant access to means-tested public demonstration of significant assets or relationship between the National benefits, the Congressional Budget job offers in the United States. The new Government and the States, or on the Office has projected that savings due to legally enforceable affidavit and distribution of power and the deeming of sponsor’s income will supporting documentation are likely to responsibilities among the various not begin to be realized until the first take longer to review for many principal immigrants who arrived after the immigrants. The cost of the additional levels of government. The rule will enactment of welfare reform are no review of the new affidavit of support is benefit the States by protecting their longer subject to the 5-year ban. not expected to exceed $1 million treasuries from the burden of supporting According to the Congressional Budget annually. immigrants who are not entitled to Office, the greatest savings to the The Immigration and Naturalization receive means-tested public benefits. Federal Government will be realized in Service will also maintain automated The burdens on the States under this the Medicaid program since most sponsorship information on some rule are the requirements (a) to request permanent residents will remain 565,000 new family-based immigrants reimbursement from the sponsor before ineligible for SSI and food stamp annually and make this information suing the sponsor for reimbursement benefits until they become U.S. citizens, available to benefit-providing agencies. and (b) to notify the Service, if the State at which time sponsor deeming will no Federal and State agencies elects to make a determination under longer apply. Therefore, savings in the administering Federal means-tested section 421(e) of the Personal Medicaid program due to the deeming public benefit programs will also have Responsibility and Work Opportunity of sponsor income and resources costs associated with deeming sponsor Act of 1996. These requirements simply through the legally enforceable affidavit income and resources and recovering incorporate requirements that already of support are projected as first the costs of any benefits provided to exist by statute. Moreover, the States becoming significant in the sixth full sponsored immigrants. These costs will remain free to determine whether to sue year following implementation, fiscal depend on the number of cases where for reimbursement in a given case, or to year 2003. Based on Congressional sponsored immigrants apply for means- make a determination under section Budget Office data, savings to the tested benefits and the number of 421(e). Therefore, in accordance with Medicaid program resulting from the instances in which agencies provide Executive Order 12612, the new sponsorship deeming provisions means-tested public benefits and are estimated to be about $300 million subsequently request sponsors to Commissioner determines that this rule in that year. Savings due to the deeming reimburse the cost of the benefits and/ does not have sufficient federalism of sponsor income and resources to or sue for recovery of these funds. implications to warrant the preparation sponsored immigrants who would This regulation may also have an of a Federalism Assessment. otherwise apply for Medicaid are economic impact on State and local 54352 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations
Executive Order 12988 Civil Justice United States, with the intention to not live at the same residence as the Reform maintain that residence for the sponsor. This interim rule meets the applicable foreseeable future, provided, that a Immigration Officer, solely for standards set forth in section 3(a) and permanent resident who is living abroad purposes of this part, includes a 3(b)(2) of Executive Order 12988. temporarily shall be considered to be Consular Officer, as defined by section domiciled in the United States if the 101(a)(9) of the Act, as well as an Small Business Regulatory Enforcement permanent resident has applied for and Immigration Officer, as defined by Fairness Act of 1996 obtained the preservation of residence § 103.1(j) of this chapter. This rule is a major rule as defined in benefit under section 316(b) or section 317 of the Act, and provided further, Income means an individual’s gross section 804 of the Small Business income, for purposes of the individual’s Regulatory Enforcement Fairness Act of that a citizen who is living abroad temporarily shall be considered to be Federal income tax liability, including a 1996. This rule may result in an annual joint income tax return. effect on the economy of $100 million domiciled in the United States if the Intending immigrant means any or more, as discussed in the preceding citizen’s employment abroad meets the beneficiary of an immigrant visa paragraphs pertaining to Executive requirements of section 319(b)(1) of the petition filed under section 204 of the Order 12866. Act. Federal poverty line means the level Act, including any alien who will Paperwork Reduction Act of income equal to the poverty accompany or follow-to-join the The information collection guidelines as issued by the Secretary of principal beneficiary. requirements contained in this rule Health and Human Services in Means-tested public benefit means (Form I–864, Affidavit of Support Under accordance with 42 U.S.C. 9902 that is either a Federal means-tested public Section 213A of the Act, Form I–864A, applicable to a household of the size benefit, which is any public benefit Contract Between Sponsor and involved. For purposes of considering funded in whole or in part by funds Household Member, and Form I–865, the Form I–864, Affidavit of Support provided by the Federal Government Sponsor’s Notice of Change of Address), Under Section 213A of the Act, the that the Federal agency administering have been approved by the Office of Service and Consular Posts will use the the Federal funds has determined to be Management and Budget (OMB) under most recent income-poverty guidelines a Federal means-tested public benefit the provisions of the Paperwork published in the Federal Register by the under the Personal Responsibility and Reduction Act. The OMB control Department of Health and Human Work Opportunity Reconciliation Act of numbers for these collections are Services. These guidelines are updated 1996, Public Law 104–193, or a State contained in 8 CFR 299.5, Display of annually, and the Service and Consular means-tested public benefit, which is Posts will begin to use updated control numbers. any public benefit for which no Federal guidelines on the first day of the second funds are provided that a State, State List of Subjects month after the date the guidelines are agency, or political subdivision of a published in the Federal Register. State has determined to be a means- 8 CFR Part 213a Household income means the income tested public benefit. No benefit shall be Administrative practice and used to determine whether the sponsor considered to be a means-tested public procedure, Aliens, Affidavits of meets the minimum income benefit if it is a benefit described in Support, Immigrants Immigration and requirements under sections sections 401(b), 411(b), 422(b) or 423(d) Nationality Act. 213A(f)(1)(E), 213A(f)(3), or 213A(f)(5) of Public Law 104–193. of the Act. It includes the sponsor’s 8 CFR Part 299 income and may also include the Program official means the officer or Aliens, Forms, Immigration, incomes of any individuals who either employee of any Federal, State, or local Reporting and recordkeeping are related to the sponsor by birth, government agency or of any private requirements. marriage, or adoption and have been agency that administers any means- Accordingly, chapter I of title 8 of the living in the sponsor’s residence for the tested public benefit program who has Code of Federal Regulations is amended previous 6 months or are lawfully listed authority to act on the agency’s behalf as follows: as dependents on the sponsor’s Federal in seeking reimbursement of means- 1. A new part 213a is added, to read income tax return for the most recent tested public benefits. as follows: tax year, even if such dependents do not Relative means a husband, wife, live at the same residence as the father, mother, child, adult son, adult PART 213aÐAFFIDAVITS OF sponsor. daughter, brother, or sister. SUPPORT ON BEHALF OF Household size means the number Significant ownership interest means IMMIGRANTS obtained by adding: (1) The sponsor and an ownership interest of 5 percent or all persons living at the same residence more in a for-profit entity that filed an Sec. with the sponsor who are related to the immigrant visa petition to accord a 213a.1 Definitions. sponsor by birth, marriage, or adoption; 213a.2 Use of affidavit of support. prospective employee an immigrant (2) all persons whom the sponsor has 213a.3 Notice of change of address. status under section 203(b) of the Act. 213a.4 Actions for reimbursement, public claimed as a dependent on the sponsor’s notice, and congressional reports. Federal income tax return for the most Sponsor means a person who either is 213a.5 Relationship of this part to other recent tax year, even if such persons do eligible to execute or has executed an affidavits of support. not live at the same residence as the affidavit of support under this part. Authority: 8 U.S.C. 1183a; 8 CFR part 2. sponsor; and (3) the number of aliens Sponsored immigrant means an the sponsor has sponsored under any immigrant on whose behalf a sponsor § 213a.1 Definitions. prior Forms I–864 for whom the has executed an affidavit of support As used in this part, the term: sponsor’s support obligation has not under this part, including any spouse or Domicile means the place where a terminated, plus the number of aliens to child who will accompany or follow-to- sponsor has a residence, as defined in be sponsored under the current Form I– join the beneficiary of an immigrant visa section 101(a)(33) of the Act, in the 864, even if such aliens do not or will petition filed by a sponsor. Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations 54353
§ 213a.2 Use of affidavit of support. immigrant who filed a visa petition on his or her Federal income tax returns for (a) General. (1) In any case specified his or his own behalf pursuant to each of the 3 most recent taxable years, in paragraph (a)(2) of this section, an section 204(a)(1)(A)(ii), (iii), or (iv) or if he or she had a legal duty to file. By intending immigrant is inadmissible as section 204(a)(1)(B)(ii) or (iii) of the Act; executing Form I–864, the sponsor an alien likely to become a public or certifies under penalty of perjury under charge, unless a sponsor has executed (B) Seeks admission as an immigrant United States law that each return is a on behalf of the intending immigrant a on or after December 19, 1997, in a true and correct copy of the return that Form I–864, Affidavit of Support Under category specified in paragraph (a)(2)(i) the sponsor filed with the Internal Section 213A of the Act, in accordance of this section with an immigrant visa Revenue Service for that taxable year. with section 213A of the Act, this issued before December 19, 1997. (B) If the sponsor had no legal duty to section, and the instructions on Form I– (b) Affidavit of support sponsors. The file a Federal income tax return for any 864. An affidavit of support is executed following individuals must execute of the 3 most recent tax years, the when a sponsor signs a Form I–864 Form I–864 on behalf of the intending sponsor must explain why he or she had before a notary public or an Immigration immigrant in order for the intending no legal duty to a file a Federal income or Consular Officer and that form I–864 immigrant to be found admissible on tax return for each year for which no is submitted to an Immigration or public charge grounds: Federal income tax return is available. Consular officer. The sponsor must (1) For immediate relatives and If the sponsor had no legal obligation to execute a separate affidavit of support family-based immigrants. The person file a Federal income tax return, he or for each visa petition beneficiary and for who filed the immigrant visa petition, she may submit other evidence of each alien who will accompany or the approval of which forms the basis of annual income. follow-to-join a visa petition the intending immigrant’s eligibility to (C) (1) The sponsor’s ability to meet beneficiary. For any spouse or children apply for an immigrant visa or the income requirement will be immigrating with a sponsored adjustment of status as an immediate determined based on the sponsor’s immigrant, the sponsor may execute an relative or as a family-sponsored household income. The sponsor may affidavit of support by submitting immigrant, must execute a Form I–864 rely entirely on his or her own income photocopies of the Form I–864 and all on behalf of the intending immigrant. as his or her household income if it is accompanying documentation, but each (2) For employment-based sufficient to meet the requirement. If photocopy of the Form I–864 must have immigrants. A relative of an intending needed, the sponsor may include in his an original signature. Under this rule, a immigrant seeking an immigrant visa or her household income the incomes of spouse or child is immigrating with a under section 203(b) of the Act who other individuals if they either are sponsored immigrant if he or she is either filed the immigrant visa petition related to the sponsor by birth, marriage, listed in Part 3 of Form I–864 and on behalf of the intending immigrant or or adoption and have been living in the applies for an immigrant visa or owns a significant ownership interest in sponsor’s residence for the previous 6 adjustment of status within 6 months of an entity that filed an immigrant visa months or are lawfully listed as the date the Form I–864 is originally petition on behalf of the intending dependents on the sponsor’s Federal signed. The signature on the Form I– immigrant. income tax return for the most recent 864, including photocopies, must be (c) Sponsorship requirements. (1) tax year. In order for the Immigration notarized by a notary public or signed General. A sponsor must: Officer or Consular Officer to consider before an Immigration or Consular (i) Be at least 18 years of age; the income of any of these individuals, Officer. (ii) Be domiciled in the United States the sponsor must include with the Form (2) (i) Except for cases specified in or any territory or possession of the I–864 a written contract on Form I– paragraph (a)(2)(ii) of this section, United States; and 864A between the sponsor and each paragraph (a)(1) of this section applies (iii) (A) Be a citizen of the United other individual on whose income the to any application for an immigrant visa States or an alien lawfully admitted for sponsor seeks to rely. or for adjustment of status filed on or permanent residence in the case Under this written contract each other before December 19, 1997, in which an described in paragraph (a)(2)(i)(A) or (B) individual must agree, in consideration intending immigrant seeks an immigrant of this section; or of the sponsor’s signing of the Form I– visa, admission as an immigrant, or (B) Be a citizen or national of the 864, to provide to the sponsor as much adjustment of status as: United States or an alien lawfully financial assistance as may be necessary (A) An immediate relative under admitted for permanent residence in the to enable the sponsor to maintain the section 201(b)(2)(A)(i) of the Act; case described in paragraph (a)(2)(i)(C) sponsored immigrants at the annual (B) A family-based immigrant under of this section or if the individual is a income level required by section section 203(a) of the Act; or joint sponsor. 213A(a)(1)(A) of the Act, to be jointly (C) An employment-based immigrant (2) Demonstration of ability to support and severally liable for any under section 203(b) of the Act, if a sponsored immigrants. In order for the reimbursement obligation that the relative of the intending immigrant intending immigrant to overcome the sponsor may incur, and to submit to the either filed the employment-based public charge ground of inadmissibility, personal jurisdiction of any court that immigrant petition or has a significant the sponsor must demonstrate the has subject matter jurisdiction over a ownership interest in the entity that means to maintain an annual income of civil suit to enforce the contract or the filed the immigrant visa petition on at least 125 percent of the Federal affidavit of support. The sponsor, as a behalf of the intending immigrant. poverty line. If the sponsor is on active party to the contract, may bring suit to (ii) Paragraph (a)(1) of this section duty in the Armed Forces of the United enforce the contract. The sponsored shall not apply if the intending States (other than active duty for immigrants and any Federal, State, or immigrant: training) and the intending immigrant is local agency or private entity that (A) Filed a visa petition on his or her the sponsor’s spouse or child, the provides a means-tested public benefit own behalf pursuant to section sponsor’s income must equal at least to a sponsored immigrant are third party 204(a)(1)(A)(ii), (iii), or (iv) or section 100 percent of the Federal poverty line. beneficiaries of the contract between the 204(a)(1)(B)(ii) or (iii) of the Act, or who (i) Proof of income. (A) The sponsor sponsor and the other individual or seeks to accompany or follow-to-join an must file with the Form I–864 a copy of individuals on whose income the 54354 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations sponsor relies and may bring an action of this section would equal at least 125 the sponsor’s or joint sponsor’s to enforce the contract in the same percent of the Federal poverty line for employment situation, income for the manner as third party beneficiaries of the sponsor’s household size as defined previous 3 years, assets, or receipt of other contracts. If there is no spouse or in § 213a.1, except that the sponsor’s welfare benefits, that the sponsor or child immigrating with the sponsored income need only equal at least 100 joint sponsor cannot maintain his or her immigrant, then there will be no need percent of the Federal poverty line for income at the required level. for the sponsored immigrant to sign a the sponsor’s household size, if the (vi) Verification of employment, Form I–864A, even if the sponsor will sponsor is on active duty (other than for income and assets. The Government rely on the income of the sponsored training) in the Armed Forces of the may pursue verification of any immigrant to meet the income United States and the intending information provided on or with Form requirement. If, however, the sponsor immigrant is the sponsor’s spouse or I–864, including information on seeks to rely on a sponsored immigrant’s child. employment, income, or assets, with the income to establish the sponsor’s ability (iv) Inability to meet income employer, financial or other institutions, to support the sponsored immigrant’s requirement. If the sponsor is unable to the Internal Revenue Service, or the spouse or children, then the sponsored meet the minimum income requirement Social Security Administration. immigrant whose income is to be relied in paragraph (c)(2)(iii) of this section, (vii) Effect of fraud or material on must sign the Form I–864A. the intending immigrant is inadmissible concealment or misrepresentation. If the (2) If the sponsor relies on the income unless the sponsor and/or the intending Consular Officer or Immigration Officer of any other individual, the sponsor immigrant demonstrates significant finds that the sponsor or joint sponsor must also attach that individual’s assets or a joint sponsor executes a has concealed or misrepresented facts Federal income tax returns for each of separate Form I–864. concerning income, or household size, the 3 most recent tax years. That (A) Significant assets. The sponsor or any other material fact, the Consular individual must certify, under penalty may submit evidence of the sponsor’s Officer or Immigration Officer shall of perjury, on Form I–864A that each tax ownership of significant assets, such as conclude that the affidavit of support is return submitted is a true and correct savings accounts, stocks, bonds, not sufficient to establish that the copy of the Federal income tax return certificates of deposit, real estate, or sponsored immigrant is not likely to other assets. A sponsored immigrant filed with the Internal Revenue Service. become a public charge, and the sponsor may submit evidence of the sponsored If that individual has no legal obligation or joint sponsor may be liable for immigrant’s assets as a part of the to file a Federal income tax return, he criminal prosecution under the laws of affidavit of support, even if the or she must explain and submit other the United States. evidence of annual income. If the sponsored immigrant is not required to (d) Legal effect of affidavit of support. individual whose income the sponsor sign a Form I–864A. The assets of any Execution of a Form I–864 under this will rely on is not lawfully claimed as person who has signed a Form I–864A section creates a contract between the a dependent on the sponsor’s Federal will also be considered in determining sponsor and the U.S. Government for income tax return for the most recent whether the assets are sufficient to meet the benefit of the sponsored immigrant, tax year, then the sponsor must also this requirement. The combined cash and of any Federal, State, or local attach proof of the relationship between value of all the assets (the total value of governmental agency or private entity the sponsor and that individual and the assets less any offsetting liabilities) that administers any means-tested proof of residency in the sponsor’s must exceed five times the difference public benefits program. The sponsored residence during at least the preceding between the sponsor’s household immigrant, or any Federal, State, or 6 months. income and the Federal poverty line for (ii) Proof of employment or self- the sponsor’s household size (including local governmental agency or private employment. The sponsor must attach all immigrants sponsored in any entity that provides any means-tested evidence of current employment which affidavit of support in force under this public benefit to the sponsored provides the sponsor’s salary or wage, or section). immigrant after the sponsored evidence of current self employment. If B. Joint sponsor. A joint sponsor must immigrant acquires permanent resident the sponsor is unemployed or retired, execute a separate Form I–864 on behalf status, may seek enforcement of the the sponsor must state the length of his of the intending immigrant(s) and be sponsor’s obligations through an or her unemployment or retirement. The willing to accept joint and several appropriate civil action. same information must be provided for liability with the sponsor. A joint (e) Termination of support obligation. any other person whose income is used sponsor must meet the eligibility (1)(i) The sponsor’s support obligation to qualify under this section. requirements under paragraph (c)(1) of with respect to a sponsored immigrant (iii) Determining the sufficiency of an this section. A joint sponsor’s terminates by operation of law when the affidavit of support. The sufficiency of household income must meet or exceed sponsored immigrant: an affidavit of support shall be the income requirement in paragraph (A) Becomes a citizen of the United determined in accordance with this (c)(2)(iii) of this section unless the joint States; paragraph. sponsor can demonstrate significant (B) Has worked, or can be credited (A) Income. The sponsor shall first assets as provided in paragraph with, 40 qualifying quarters of work; calculate the total income attributable to (c)(2)(iv)(A) of this section. provided, that the sponsored immigrant the sponsor under paragraph (c)(2)(i)(C) (v) Immigration or Consular Officer’s is not credited with any quarter of this section. determination of insufficient income beginning after December 31, 1996, (B) Number of persons to be and/or assets. Notwithstanding during which the sponsored immigrant supported. The sponsor shall then paragraphs (c)(2)(iii) (C) and (c)(2)(iv) receives any Federal means-tested determine his or her household size as (A) and (B) of this section, an public benefit; defined in § 213a.1. Immigration Officer or Consular Officer (C) Ceases to hold the status of an (C) Sufficiency of Income. The may determine the income and/or assets alien lawfully admitted for permanent sponsor’s income shall be considered of the sponsor or a joint sponsor to be residence and has departed the United sufficient if the household income insufficient if the Immigration Officer or States; or calculated under paragraph (c)(2)(iii)(A) Consular Officer determines, based on (D) Dies. Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations 54355
(ii) The sponsor’s support obligation (2) Procedure for imposing penalty. effect on the plaintiff’s ability to collect also terminates if the sponsor dies. The procedure for imposing a civil on the judgment pursuant to law. (2) The termination of the sponsor’s penalty under this paragraph follows (b) Federal, State, and local support obligation does not relieve the that which is established at 8 CFR part government agencies should issue sponsor (or the sponsor’s estate) of any 280. public notice of determinations reimbursement obligation under section (c) Change of address. If the sponsor regarding which benefits are considered 213A(b) of the Act that accrued before is an alien, filing Form I–865 under this ‘‘means-tested public benefits’’ prior to the support obligation terminated. section does not satisfy or substitute for (f) In the case of an alien who seeks December 19, 1997, the date the new the change of address notice required affidavit of support goes into effect, or to follow-to-join the principal sponsored under § 265.1 of this chapter. immigrant, as provided for by section as soon as possible thereafter. 203(d) of the Act, the same sponsor who § 213a.4 Actions for reimbursement, Additional notices should be issued filed the visa petition and affidavit of public notice, and congressional reports. whenever an agency revises its determination of which benefits are support for the principal sponsored (a) Requests for reimbursement. immigrant must, at the time that the considered ‘‘means-tested public Requests for reimbursement under alien seeks to follow-to-join the benefits.’’ section 213A(b)(2) of the Act must be principal sponsored immigrant, sign an served by personal service, as defined (c) Congressional reports. (1) For affidavit of support on behalf of the by § 103.5a(a)(2) of this chapter. The purposes of section 213A(i)(3) of the alien who seeks to follow-to-join the request for reimbursement shall specify Act, a sponsor shall be considered to be principal sponsored immigrant. If that the date the sponsor’s affidavit of in compliance with the financial sponsor has died, then the alien who support was received by the Service, the obligations of section 213A of the Act seeks to follow-to-join the principal sponsored immigrant’s name, alien unless the sponsored immigrant or a sponsored immigrant shall be held to be registration number, address, and date Federal, State, or local agency or private inadmissible, unless another person, of birth, as well as the types of means- entity has sued the sponsor, obtained a who would qualify as a joint sponsor if tested public benefit(s) that the final judgment enforcing the sponsor’s the principal sponsor were still alive, sponsored immigrant received, the dates obligations under section 213A(a)(1)(A) submits on behalf of the alien who seeks the sponsored immigrant received the or 213A(b) of the Act, and mailed a to follow-to-join the principal sponsored means-tested public benefit(s), and the certified copy of the final judgment to immigrant, an affidavit of support that total amount of the means-tested public the Service’s Statistics Branch, 425 I meets the requirements of this section. benefit(s) received. It is not necessary to Street, NW., Washington, DC 20536. If the original sponsor is deceased and make a separate request for each type of no other eligible sponsor is available, (2) If a Federal, State, or local agency means-tested public benefit, nor for the principal sponsored immigrant may or private entity that administers any each separate payment. The agency may sign an affidavit of support on behalf of means-tested public benefit makes a instead aggregate in a single request all the alien seeking to follow-to-join the determination under section 421(e) of benefit payments the agency has made principal immigrant, if the principal the Personal Responsibility and Work as of the date of the request. The request sponsored immigrant can meet the Opportunity Reconciliation Act of 1996 for reimbursement shall also notify the requirements of paragraph (c) of this in the case of any sponsored immigrant, sponsor that the sponsor must, within section. the program official shall send written 45 days of the date of service, respond notice of the determination, including § 213a.3 Notice of change of address. to the request for reimbursement either the name of the sponsored immigrant by paying the reimbursement or by (a) General. If the address of a sponsor and of the sponsor, to the Service’s arranging to commence payments (including a joint sponsor) changes for Statistics Branch. The written notice pursuant to a payment schedule that is any reason while the sponsor’s support should include the reference agreeable to the program official. Prior obligation under the affidavit of support ‘‘Determinations under 421(e) of the to filing a lawsuit against a sponsor to remains in effect with respect to any Personal Responsibility and Work sponsored immigrant, the sponsor shall enforce the sponsor’s support obligation under section 213A(b)(2) of the Act, a Opportunity Reconciliation Act of file Form I–865, Sponsor’s Notice of 1996.’’ Change of Address, with the Service no Federal, State, or local governmental later than 30 days after the change of agency or a private entity must wait 45 § 213a.5 Relationship of this part to other address becomes effective. days from the date it issues a written affidavits of support. (b) Civil penalty. (1) Amount of request for reimbursement under section penalty. (i) Except as provided in 213A(b)(1) of the Act. If a sponsored Nothing in this part precludes the paragraph (b)(1)(ii) of this section, if the immigrant, a Federal, State, or local continued use of Form I–134, Affidavit sponsor fails to give notice in agency, or a private entity sues the of Support (other than INA section accordance with paragraph (a) of this sponsor and obtains a final civil 213A), or of Form I–361, Affidavit of section, the Service may impose on the judgment against the sponsor, the Financial Support and Intent to Petition sponsor a civil penalty in an amount sponsored immigrant, the Federal, State, for Legal Custody for Public Law 97–359 within the penalty range established in or local agency, or the private entity Amerasian, in any case, other than a section 213A(d)(2)(A) of the Act. shall mail a certified copy of the final case described in § 213a.2(a)(2), in (ii) If the sponsor, knowing that the civil judgment to the Service’s Statistics which these forms were used prior to sponsored immigrant has received any Branch, 425 I Street, NW., Washington, enactment of section 213A of the Act. means-tested public benefit, fails to give DC 20536. The copy should be The obligations of section 213A of the notice in accordance with paragraph (a) accompanied by a cover letter that Act do not bind a person who executes of this section, the Service may impose includes the reference ‘‘Civil Judgments Form I–134 or Form I–361, although the on the sponsor a civil penalty in an for Congressional Reports under section person who executes Form I–361 amount within the penalty range 213A(i)(3) of the Act.’’ Failure to file a remains subject to the provisions of established in section 213A(d)(2)(B) of certified copy of the final civil judgment section 204(f)(4)(B) of the Act and of the Act. in accordance with this section has no § 204.4(i) of this chapter. 54356 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations
PART 299ÐIMMIGRATION FORMS FEDERAL RESERVE SYSTEM account of various statutes that have been enacted since the Rules were last 2. The authority citation for part 299 12 CFR Part 261 revised in 1988.2 continues to read as follows: [Docket No. R±0975] To implement these changes, the Board published proposed changes to Authority: 8 U.S.C. 1101, 1103; 8 CFR part Subparts A, B, and D of its Rules on 2. Rules Regarding Availability of Information June 10, 1997 (62 FR 31526). The Board 3. Section 299.1 is amended by received four comments: one from a AGENCY: Board of Governors of the Federal Reserve Bank, one from a adding the entries for Forms ‘‘I–864,’’ Federal Reserve System. ‘‘I–864A,’’ and ‘‘I–865’’ to the listing of commercial bank, one from a credit ACTION: Final rule. forms, in proper numerical sequence, to union, and one from a community group. Three of the comments read as follows: SUMMARY: The Board of Governors of the supported the proposal; the community Federal Reserve System (Board) hereby § 299.1 Prescribed forms. group, however, opposed some of the amends its Rules Regarding Availability proposed changes. A discussion of the * * * * * of Information (Rules) to reflect recent specific comments is included in the changes in the Freedom of Information section-by-section analysis. In 1996, the Edition Act (FOIA) as a result of the Electronic Form No. Title Board published for comment proposed date Freedom of Information Act amendments to the Rules (61 FR 7436, Amendments (EFOIA). In order to February 28, 1996) that primarily ***** account for future amendments to the concerned Subpart C of the Rules and I±864 ..... 10±06±97 Affidavit of Support Rules, the sections have been Under Section the definitions in Subpart A of terms 213A of the Act. renumbered. The review of the Board’s Rules that that are used in Subpart C. In addition, I±864A ... 10±06±97 Contract Between produced this final rule was conducted the Board had proposed changes to Sponsor and certain portions of Subpart B and Household Mem- in accordance with section 303 of the Riegle Community Development and Subpart D, which were republished in ber. the June 1997 proposed rule. The I±865 ..... 10±06±97 Sponsor's Notice of Regulatory Improvement Act of 1994. In Change of Ad- this regard, the amendments to the changes to Subparts A, B and D are dress. Rules clarify certain provisions and being adopted in this final rule; the simplify the processing of requests for proposed amendments to Subpart C are ***** access to information in certain still under consideration. circumstances. Subpart A 4. Section 299.5 is amended by EFFECTIVE DATE: November 19, 1997. Subpart A contains the General adding to the list of forms, in proper FOR FURTHER INFORMATION CONTACT: Provisions, describing the authority, numerical sequence, the entries for Elaine M. Boutilier, Senior Counsel, purpose, and scope; listing the Forms ‘‘I–864,’’ ‘‘I–864A’’ and ‘‘I–865’’ (202/452–2418), Legal Division; or definitions applicable to this part, and to read as follows: Susanne K. Mitchell, Manager, Freedom explaining the responsibilities of the of Information Office (202/452–2407). Secretary of the Board as custodian of § 299.5 Display of control numbers. For the hearing impaired only, contact the Board’s records. The changes to this * * * * * Diane Jenkins, Telecommunications subpart are primarily in the ‘‘Authority’’ Device for the Deaf (TDD)(202/452– section to clarify the ability of the Board Currently 3544), Board of Governors of the Federal to provide exempt records to certain INS form INS form title assigned Reserve System, 20th and Constitution, entities outside of the FOIA process in No. OMB con- N.W., Washington, D.C. 20551. trol No. specific circumstances. In addition, SUPPLEMENTARY INFORMATION: Last year, certain definitions that were included in Congress passed the Electronic Freedom ***** the section on FOIA fees and fee I±864 ..... Affidavit of Support 1115±0214 of Information Act Amendments of waivers have been moved forward to the under Section 1996, Public Law 104–231, which ‘‘Definitions’’ section. One commenter 213A of the Act. amends the Freedom of Information Act, noted that the definition of ‘‘records’’ I±864A ... Contract between 1115±0214 5 U.S.C. 552. Among other things, specifically excludes handwritten notes, Sponsor and EFOIA requires agencies to promulgate and questions the authority for this Household Mem- regulations that provide for expedited exclusion. The intention was to exclude ber. processing of requests for records, and personal notes that are not a part of I±865 ..... Sponsor's Notice of 1115±0215 permits agencies to promulgate official Board records. This, however, is Change of Ad- regulations that provide for multitrack accomplished by the exclusion of dress. processing of requests. In addition to personal files, so the reference to amending its Rules to comply with handwritten notes has been deleted. ***** EFOIA, the Board has taken this Section 261.3 is amended to clarify opportunity, in accordance with section that authority delegated to the General Dated: October 8, 1997. 303 of the Riegle Community Counsel and other officers of the Board Doris Meissner, Development and Regulatory may be subdelegated. An additional Commissioner, Immigrant and Naturalization Improvement Act of 1994, to review and change to § 261.3(c) states that the Service. streamline those Rules.1 In addition, the Secretary of the Board is the Board’s [FR Doc. 97–27605 Filed 10–17–97; 8:45 am] Board is amending the Rules to take agent for service of all process, and that BILLING CODE 4410±10±M 1 The regulatory citations contained in this final 2 The Board’s Rules have been implemented in a rule refer to the regulation, as amended. As noted manner consistent with these and other changes above, the sections have been renumbered. described in this final rule. Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations 54357 the Board will not accept process on Section 261.12 describes the narrow the request so that it will qualify behalf of employees in connection with procedures for requesting records that for fast-track processing. The statutory purely private matters except as are not published or routinely made time limit for regular-track processing is specifically provided by law. available for inspection. This section extended to twenty business days, from includes the requirement that FOIA the previous ten business days. Subpart B requests not be combined with any Expedited processing may be Subpart B is amended to comply with other requests to the Board except provided where a requester has the EFOIA requirements for expedited requests under the Privacy Act. This demonstrated a compelling need for the processing. The Board also is requirement is intended to ensure that records, or where the Board has implementing multitrack processing. In FOIA requests are delivered promptly to determined to expedite the response. addition, the Board has revised the the Board’s Freedom of Information The time limit for determination section on fees and fee waivers; and Office (FOI Office) when they are whether to grant expedited processing is portions of this Subpart have been received, which may not occur if the set at ten days, with expedited reorganized and streamlined. FOIA request is included in a request procedures for an appeal of the Section 261.10 lists the information for other action by the Board. One Secretary’s determination not to provide that the Board publishes on a regular or commenter opposed this amendment on expedited processing. Under EFOIA, intermittent basis. This section has been grounds that it would prohibit a there are only two types of streamlined. No substantive changes requester from combining a FOIA circumstances that can meet the have been made. request with comments submitted in compelling need standard: where failure Section 261.11 describes the connection with an application under to obtain the records expeditiously information that is made available for the Bank Holding Company Act of 1956 could pose an imminent threat to the inspection or copying, either in the (BHCA), 12 U.S.C. 1841 et seq. The life or physical safety of a person, or Board’s reading room or over the commenter believes that it should be where the requester is a person Internet, as required by EFOIA. The permissible to combine a FOIA request primarily engaged in disseminating records provided over the Internet cover with substantive comments regarding an information and there is an urgency to a much smaller scope than those application, or in the alternative, a inform the public concerning actual or available in the Board’s reading room, process should be established for alleged agency activity. For ease of because the requirement to provide making requests under the Board’s ex administration and consistency, the records over the Internet covers only parte rules for processing BHCA section uses the term ‘‘representative of records created by the Board after applications. A separate, clearly November 1, 1996. One of the the news media,’’ to describe a person identified FOIA request delivered primarily engaged in disseminating commenters suggested that the Board directly to the Secretary insures a faster expand the categories of documents information, because this term is used FOIA response, however, because for the FOIA fee schedule, and thus, is provided over the Internet to include comment letters are not routinely sent to policies, interpretations, orders, and known to those familiar with FOIA and the FOIA office for action. Procedures the Board’s Rules. To demonstrate a requests for comments, as well as for BHCA applications are set forth in provide indexing and an appropriate compelling need, a requester must the Board’s Regulation Y, which was submit a certified statement. A form for search mechanism on the website. The recently revised after notice and Board is in the process of expanding the the certified statement may be obtained comment. from the FOI Office. One commenter information that is made available over Section 261.13 describes the Board’s the Internet. Legal interpretations dating objected that the definition of procedures for processing FOIA ‘‘compelling need’’ does not include from January 1996, and Press Releases, requests. This section has been which include some Board orders, have public interest requesters who wish to extensively revised to reflect the comment on pending BHCA been placed on the website. The changes required by EFOIA. In the applications. The definition of remaining Board orders dating after review process, one sentence was compelling need is established by November 1, 1996, will be provided in inadvertently dropped from the section EFOIA, not the Board. the near future. Other information that when it was published for comment. Section 261.14 lists the exemptions the Board believes is of interest to the The existing rule states that the from disclosure under FOIA. This public is being provided as quickly as Secretary will assign responsible staff to section has been reorganized and the Board’s resources permit. With process particular requests. This streamlined, but no substantive changes regard to indexing or a search provision has been restored to section have been made. mechanism, there is a general index 261.13(d) to provide the Secretary with Sections 261.15 and 261.16, which provided on the site, and the Board the authority to assign the requests to were previously located in Subpart D, expects to install a search mechanism the appropriate staff at the Board. soon. Another commenter requested The revised regulation provides for have been moved to Subpart B for that the Board place the text of the multitrack processing. Fast-track clarity, since they apply only to FOIA public sections of its Community processing will apply to records that are requests. Accordingly, a separate Reinvestment Act examination reports easily identifiable by the FOI Office staff Subpart D is no longer necessary. These on its website. The Board expects to and that have already been cleared for provisions implement Executive Order have this information on its website by release to the public. Fast-track requests 12,600, June 23, 1987, by establishing the end of this year. This commenter will be handled as expeditiously as certain predisclosure notification also noted that the Board has not placed possible, in the order in which they are procedures for confidential business or its administrative manuals on its received. All information requests that financial information that may be website. EFOIA requires such manuals do not meet the fast-track processing exempt under (b)(4) of the FOIA, 5 3 to be made available in the reading standards will be handled under regular U.S.C. 552(b)(4). room if they are not published and processing procedures. A requester who 3 These provisions are intended only to address offered for sale. All Board manuals of desires fast-track processing but whose matters of the kind covered by Executive Order this type are published and offered for request does not meet those standards 12,600. This, however, does not preclude the Board sale. may contact the FOI Office staff to Continued 54358 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations
Section 261.15 sets forth the required. Where a person has requested and the comments received on these procedures for requesting confidential a waiver of the fees and has not agreed changes are still under consideration. treatment. The Board wishes to to pay the fees, the processing time does Regulatory Flexibility Act Analysis emphasize that failure to properly not begin until a fee waiver has been segregate confidential material from granted, or if the waiver is denied, until Pursuant to section 605(b) of the other material may result in the release the requester has agreed to pay the Regulatory Flexibility Act (5 U.S.C. 601 of that material without prior notice to applicable fees. One commenter et seq.), the Board certifies that the the submitter. This is particularly objected to this provision, stating that it amendments will not have a significant important in light of the Board’s unfairly affects nonprofit groups with economic impact on a substantial intention, in connection with processing limited budgets that must promise to number of small entities. These BHCA applications, to provide, upon pay the fees for an application in order amendments simplify some of the request, the public portion of an to receive it in a timely manner. This procedures regarding release of application within three business days commenter requested that the Board information and require disclosure of of the request. In order to meet this establish a procedure to certify groups, information in certain instances in deadline, the Board’s and Reserve on an ongoing basis, for fee waivers, accordance with law. The requirements Bank’s staff must rely on the applicant instead of making the determination on to disclose apply to the Board, therefore to properly designate the material a case-by-case basis. they should not have a significant submitted. A careful review of the FOIA, itself, establishes certain economic impact on a substantial material designated as ‘‘Confidential’’ categories that receive favorable number of small entities. will be made and any information treatment with regard to fees, e.g., the Paperwork Reduction Act Analysis improperly labeled as ‘‘Confidential’’ news media and educational will be provided to requesters institutions. FOIA also provides for fee In accordance with the Paperwork immediately upon identification as waivers where disclosure of the Reduction Act of 1995 (44 U.S.C. 3506; publicly available. information is in the public interest (not 5 CFR 1320 Appendix A.1), the Board Section 261.16 sets forth the based on the requester’s status). Thus, a reviewed the rule under the authority procedures for responding to a FOIA requester must meet the standards for a delegated to the Board by the Office of request for information that has been fee waiver in each request. This Management and Budget. The Federal designated by the submitter as requirement is supported by the Reserve may not conduct or sponsor, confidential. It provides for notice to the legislative history (see, 132 Cong. Rec. and an organization is not required to submitter that permits the submitter to H. 9463 (Oct.8, 1986)(Rep. English)) and respond to, this information collection provide written objections to the release court decisions (see, National Wildlife unless it displays a currently valid OMB of the confidential information. Section Federation v. Hamilton, No. 95–017– control number. The OMB control 261.16(e) describes the information that BU(D. Mont. July 15, 1996)). The Board number is 7100–0281. a submitter should include in its written reviews each fee waiver request submission objecting to the release of The collection of information pursuant to the standards set forth in the documents, including whether the requirements in this regulation are information was provided voluntarily the Act and its Rules. If a non-profit found in 12 CFR 261.12, 261.13, 261.16, under the standards set by the court community group demonstrates in its and 261.17. (The hour burden for case, Critical Mass Energy Project v. request for a waiver of fees that the requests for confidential treatment made NRC, 975 F. 2d. 871 (D.C. Cir. 1992). If requested information will be under 261.15 are included in the hour the information was not provided distributed to the public and will burden associated with the information voluntarily, the submitter must provide contribute significantly to the public collections for which the respondent detailed facts and arguments showing understanding of the activities of the desires confidential treatment.) The either the likelihood of substantial Board, then the requester should qualify information will be used to fulfill competitive harm resulting from release under the Act and the Board’s Rules for requests for information made under the of the information, or that release would a waiver of the fees. Freedom of Information Act, or to impair the Board’s ability to obtain The standards under which the determine the appropriateness of necessary information in the future. Secretary may grant a request for waiver fulfilling such requests. The Section 261.17 contains the FOIA fee of fees have been modified to reflect the respondents may include small entities. schedules and the standards for waiver development of case law in this area. This information is required to obtain a of fees. The fee schedule provisions Additionally, the regulation provides for benefit (5 U.S.C. 552). Generally, have been revised to clarify that the administrative appeal of a denial of a requests made under 12 CFR 261.12, processing time of a FOIA request does waiver request, which reflects the 261.13, 261.16, and 12 CFR 261.17 are not begin until payment is received in Board’s current procedure of permitting not exempt from disclosure under the cases where advance payment is such administrative appeals. Freedom of Information Act. Subpart C The annual hour burden estimates are or its staff from giving notice to submitters in other presented in the following table. There situations where, for example, documents obtained pursuant to a confidentiality commitment are The sections in Subpart C have been is estimated to be no annual cost burden subpoenaed in civil litigation. The Board exercises renumbered to be consistent with the over the annual hour burden, and no its discretion in such cases consistent with renumbering of Subparts A and B in this associated capital or start up cost. One applicable law. The Board does not disclose its proposal. No substantive changes have comment specifically addressing the receipt of federal grand jury subpoenas, however, except in accordance with law following been made at this time. Proposed burden estimates was received from a consultation with appropriate law enforcement changes to this Subpart were published federal credit union, stating that the authorities. in 1996 (61 FR 7436, February 28, 1996), burden estimates seemed accurate. 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Estimated Estimated re- Estimated annual fre- sponse time annual bur- quency (hours) den hours
Initial request (261.12 (b) and (c) and 261.13(c)) ...... 4,900 .5 2,450 Limits on an earlier request that included a request for expedited processing that has been denied (261.13(b)(2)) ...... 100 .5 50 Appeal of denial of request (261.13(i)) ...... 30 2 60 Written objections by submitter to release of data (261.16(e)) ...... 30 2 60 Request to waive or reduce fees (261.17(f)) ...... 100 .5 50
Total ...... 2,670
The Federal Reserve has a continuing Subpart BÐPublished Information and has determined that the Board, or its interest in the public’s opinions of its Records Available to Public; Procedures for delegees, may disclose exempt collections of information. At any time, Requests information of the Board, in accordance comments regarding the burden 261.10 Published information. with the procedures set forth in this estimate, or any other aspect of this 261.11 Records available for public part, whenever it is necessary or collection of information, including inspection and copying. appropriate to do so in the exercise of suggestions for reducing the burden, 261.12 Records available to public upon any of the Board’s supervisory or request. may be sent to: Secretary, Board of 261.13 Processing requests. regulatory authorities, including but not Governors of the Federal Reserve 261.14 Exemptions from disclosure. limited to, authority granted to the System, 20th and C Streets, N.W., 261.15 Request for confidential treatment. Board in the Federal Reserve Act, 12 Washington, DC 20551; and to the 261.16 Request for access to confidential U.S.C. 221 et seq., the Bank Holding Office of Management and Budget, commercial or financial information. Company Act, 12 U.S.C. 1841 et seq., Paperwork Reduction Project (7100– 261.17 Fee schedules; waiver of fees. and the International Banking Act, 12 0281), Washington, DC 20503. U.S.C. 3101 et seq. The Board has Subpart AÐGeneral Provisions determined that all such disclosures, List of Subjects in 12 CFR Part 261 § 261.1 Authority, purpose, and scope. made in accordance with the rules and Confidential business information, (a) Authority. (1) This part is issued procedures specified in this part, are Federal Reserve System, Freedom of by the Board of Governors of the Federal authorized by law. Information, Reporting and Reserve System (the Board) pursuant to (3) The Board has also determined recordkeeping requirements. the Freedom of Information Act, 5 that it is authorized by law to disclose For the reasons set forth in the U.S.C. 552; Sections 9, 11, and 25A of information to a law enforcement or preamble, the Board amends 12 CFR the Federal Reserve Act, 12 U.S.C. 248(i) other federal or state government agency part 261 as follows: and (k), 321 et seq., (including 326), 611 that has the authority to request and et seq.; Section 22 of the Federal Home receive such information in carrying out PART 261ÐRULES REGARDING Loan Bank Act, 12 U.S.C 1442; the its own statutory responsibilities, or in AVAILABILITY OF INFORMATION Federal Deposit Insurance Act, 12 response to a valid order of a court of 1. The authority citation for part 261 U.S.C. 1817(a)(2)(A), 1817(a)(8), 1818(u) competent jurisdiction or of a duly is revised to read as follows: and (v), 1821(o); section 5 of the Bank constituted administrative tribunal. Holding Company Act, 12 U.S.C. 1844; (b) Purpose. This part sets forth the Authority: 5 U.S.C. 552; 12 U.S.C. 248(i) categories of information made available and (k), 321 et seq., 611 et seq., 1442, the Bank Secrecy Act, 12 U.S.C. 1951 et seq., and Chapter 53 of Title 31; the to the public, the procedures for 1817(a)(2)(A), 1817(a)(8), 1818(u) and (v), obtaining documents and records, the 1821(o), 1821(t), 1830, 1844, 1951 et seq., Home Mortgage Disclosure Act, 12 2601, 2801 et seq., 2901 et seq., 3101 et seq., U.S.C. 2801 et seq.; the Community procedures for limited release of exempt 3401 et seq.; 15 U.S.C. 77uu(b), 78q(c)(3); 29 Reinvestment Act, 12 U.S.C. 2901 et and confidential supervisory U.S.C. 1204; 31 U.S.C. 5301 et seq.; 42 U.S.C. seq.; the International Banking Act, 12 information, and the procedures for 3601; 44 U.S.C. 3510. U.S.C. 3101 et seq.; the Right to protecting confidential business Financial Privacy Act, 12 U.S.C. 3401 et information. Subpart DÐ[Removed] (c) Scope. (1) This subpart A contains seq.; the Securities and Exchange Act, general provisions and definitions of 15 U.S.C. 77uuu(b), 78q(c)(3); the 2. Subpart D, consisting of §§ 261.15 terms used in this part. Employee Retirement Income Security through 261.17, is removed. (2) Subpart B of this part implements Act, 29 U.S.C. 1204; the Money the Freedom of Information Act (FOIA) §§ 261.11±261.14 [Redesignated as Laundering Suppression Act, 31 U.S.C. §§ 261.20±261.23] (5 U.S.C. 552). 5301, the Fair Housing Act, 42 U.S.C. (3) Subpart C of this part sets forth: 3. Sections 261.11 through 261.14 in 3601; the Paperwork Reduction Act, 44 Subpart C are redesignated as §§ 261.20 (i) The kinds of exempt information U.S.C. 3510; and any other applicable made available to supervised through 261.23, respectively, in Subpart law that establishes a basis for the C. institutions, supervisory agencies, law exercise of governmental authority by enforcement agencies, and others in 4. Subparts A and B are revised to the Board. read as follows: certain circumstances; (2) This part establishes mechanisms (ii) The procedures for disclosure; and Subpart AÐGeneral Provisions for carrying out the Board’s statutory (iii) The procedures with respect to Sec. responsibilities under statutes in subpoenas, orders compelling 261.1 Authority, purpose, and scope. paragraph (a)(1) of this section to the production, and other process. 261.2 Definitions. extent those responsibilities require the 261.3 Custodian of records; certification; disclosure, production, or withholding § 261.2 Definitions. service; alternative authority. of information. In this regard, the Board For purposes of this part: 54360 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations
(a) Board’s official files means the that otherwise cannot be inspected (k) Report of inspection means the Board’s central records. directly. Among others, such copies report prepared by the Board concerning (b) Commercial use request refers to a may take the form of paper, microform, its inspection of a bank holding request from or on behalf of one who audiovisual materials, or machine- company and its bank and nonbank seeks information for a use or purpose readable documentation (e.g., magnetic subsidiaries. that furthers the commercial, trade, or tape or disk). (l) Representative of the news media profit interests of the requester or the (f) Educational institution refers to a refers to any person actively gathering person on whose behalf the request is preschool, a public or private news for an entity that is organized and made. elementary or secondary school, or an operated to publish or broadcast news to (c)(1) Confidential supervisory institution of undergraduate higher the public. information means: education, graduate higher education, (1) The term ‘‘news’’ means (i) Exempt information consisting of professional education, or an institution information that is about current events reports of examination, inspection and of vocational education, which operates or that would be of current interest to visitation, confidential operating and a program of scholarly research. the public. condition reports, and any information (g) Exempt information means (2) Examples of news media entities derived from, related to, or contained in information that is exempt from include, but are not limited to, such reports; disclosure under § 261.14. television or radio stations broadcasting (ii) Information gathered by the Board (h) Noncommercial scientific to the public at large, and publishers of in the course of any investigation, institution refers to an institution that is periodicals (but only in those instances suspicious activity report, cease-and- not operated on a ‘‘commercial’’ basis when they can qualify as disseminators desist orders, civil money penalty (as that term is used in this section) and of ‘‘news’’) who make their products enforcement orders, suspension, that is operated solely for the purpose available for purchase or subscription removal or prohibition orders, or other of conducting scientific research, the by the general public. orders or actions under the Financial results of which are not intended to (3) ‘‘Freelance’’ journalists may be Institutions Supervisory Act of 1966, promote any particular product or regarded as working for a news Pub.L. 89-695, 80 Stat. 1028 (codified as industry. organization if they can demonstrate a amended in scattered sections of 12 (i)(1) Records of the Board include: solid basis for expecting publication U.S.C.), the Bank Holding Company Act (i) In written form, or in nonwritten through that organization, even though of 1956, 12 U.S.C. 1841 et seq.,the or machine-readable form; all they are not actually employed by it. Federal Reserve Act, 12 U.S.C. 221 et information coming into the possession (m)(1) Review refers to the process of seq., the International Banking Act of and under the control of the Board, any examining documents, located in 1978, Pub.L. 95–369, 92 Stat. 607 Board member, any Federal Reserve response to a request for access, to (codified as amended in scattered Bank, or any officer, employee, or agent determine whether any portion of a sections of 12 U.S.C.), and the of the Board or of any Federal Reserve document is exempt information. It International Lending Supervision Act Bank, in the performance of functions includes doing all that is necessary to of 1983, 12 U.S.C. 3901 et seq.; except— for or on behalf of the Board that excise the documents and otherwise to (A) Such final orders, amendments, or constitute part of the Board’s official prepare them for release. modifications of final orders, or other files; or (2) Review does not include time actions or documents that are (ii) That are maintained for spent resolving general legal or policy specifically required to be published or administrative reasons in the regular issues regarding the application of made available to the public pursuant to course of business in official files in any exemptions. 12 U.S.C. 1818(u), or other applicable division or office of the Board or any (n)(1) Search means a reasonable law, including the record of litigated Federal Reserve Bank in connection search, by manual or automated means, proceedings; and with the transaction of any official of the Board’s official files and any other (B) The public section of Community business. files containing Board records as seem Reinvestment Act examination reports, (2) Records of the Board does not reasonably likely in the particular pursuant to 12 U.S.C. 2906(b); and include personal files of Board members circumstances to contain information of (iii) Any documents prepared by, on and employees; tangible exhibits, the kind requested. For purposes of behalf of, or for the use of the Board, a formulas, designs, or other items of computing fees under § 261.17, search Federal Reserve Bank, a federal or state valuable intellectual property; extra time includes all time spent looking for financial institutions supervisory copies of documents and library and material that is responsive to a request, agency, or a bank or bank holding museum materials kept solely for including line-by-line identification of company or other supervised financial reference or exhibition purposes; material within documents. Such institution. unaltered publications otherwise activity is distinct from ‘‘review’’ of (2) Confidential supervisory available to the public in Board material to determine whether the information does not include publications, libraries, or established material is exempt from disclosure. documents prepared by a supervised distribution systems. (2) Search does not mean or include financial institution for its own business (j) Report of examination means the research, creation of any document, or purposes and that are in its possession. report prepared by the Board, or other extensive modification of an existing (d) Direct costs mean those federal or state financial institution program or system that would expenditures that the Board actually supervisory agency, concerning the significantly interfere with the operation incurs in searching for, reviewing, and examination of a financial institution, of the Board’s automated information duplicating documents in response to a and includes reports of inspection and systems. request made under § 261.12. reports of examination of U.S. branches (o) Supervised financial institution (e) Duplication refers to the process of or agencies of foreign banks and includes a bank, bank holding company making a copy of a document in representative offices of foreign (including subsidiaries), U.S. branch or response to a request for disclosure of organizations, and other institutions agency of a foreign bank, or any other records or for inspection of original examined by the Federal Reserve institution that is supervised by the records that contain exempt material or System. 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§ 261.3 Custodian of records; certification; Change in Bank Control Act (12 U.S.C. be obtained by the procedure described service; alternative authority. 1817); in § 261.11(c)(2). (a) Custodian of records. The (8) Notices of all Board meetings, (4) Federal Reserve Regulatory Secretary of the Board (Secretary) is the pursuant to the Government in the Service. This is a multivolume looseleaf official custodian of all Board records, Sunshine Act (5 U.S.C. 552b); service published by the Board, including records that are in the (9) Notices identifying the Board’s containing statutes, regulations, possession or control of the Board, any systems of records, pursuant to the interpretations, rulings, staff opinions, Federal Reserve Bank, or any Board or Privacy Act of 1974 (5 U.S.C. 552a); and and procedural rules under which the Reserve Bank employee. (10) Notices of agency data collection Board operates. Portions of the service (b) Certification of record. The forms being reviewed under the are also published as separate looseleaf Secretary may certify the authenticity of Paperwork Reduction Act (5 U.S.C. 3501 handbooks relating to consumer and any Board record, or any copy of such et seq.). community affairs, monetary policy and record, for any purpose, and for or (b) Board’s Reports to Congress. The reserve requirements, payments before any duly constituted federal or Board’s annual report to Congress systems, and securities credit state court, tribunal, or agency. pursuant to the Federal Reserve Act (12 transactions. The service and each (c) Service of subpoenas or other U.S.C. 247), which is made public upon handbook contain subject and citation process. Subpoenas or other judicial or its submission to Congress, contains a indexes, are updated monthly, and may administrative process, demanding full account of the Board’s operations be subscribed to on a yearly basis. access to any Board records or making during the year, the policy actions by (e) Index to Board actions. The any claim against the Board, shall be the Federal Open Market Committee, an Board’s Freedom of Information Office addressed to and served upon the economic review of the year, and maintains an index to Board actions, Secretary of the Board at the Board’s legislative recommendations to which is updated weekly and provides office at 20th and C Streets, N.W., Congress. The Board also makes identifying information about any Washington, D.C. 20551. Neither the periodic reports to Congress under matters issued, adopted, and Board nor the Secretary are agents for certain statutes, including but not promulgated by the Board since July 4, service of process on behalf of any limited to the Freedom of Information 1967. Copies of the index may be employee in respect of purely private Act (5 U.S.C. 552); the Government in obtained upon request to the Freedom of legal disputes, except as specifically the Sunshine Act (5 U.S.C. 552b); the Information Office subject to the current provided by law. Full Employment and Balanced Growth schedule of fees in § 261.17. (d) Alternative authority. Any action Act of 1978 (12 U.S.C. 225a); and the (f) Obtaining Board publications. The or determination required or permitted Privacy Act (5 U.S.C. 552a). Publications Services Section maintains by this part to be done by the Secretary, (c) Federal Reserve Bulletin. This a list of Board publications that are the General Counsel, or the Director of publication is issued monthly and available to the public. In addition, a any Division may be done by any contains economic and statistical partial list of publications is published employee who has been duly designated information, articles relating to the in the Federal Reserve Bulletin. All for this purpose by the Secretary, economy or Board activities, and publications issued by the Board, General Counsel, or the appropriate descriptions of recent actions by the including available back issues, may be Director. Board. obtained from Publications Services, (d) Other published information. Board of Governors of the Federal Subpart BÐPublished Information and Among other things, the Board Reserve System, 20th Street and Records Available to Public; publishes the following information: Constitution Avenue, N.W., Procedures for Requests (1) Weekly publications. The Board Washington, D.C. 20551 (pedestrian issues the following publications § 261.10 Published information. entrance is on C Street, N.W.). weekly: Subscription or other charges may apply (a) Federal Register. The Board (i) A statement showing the condition to some publications. publishes in the Federal Register for the of each Federal Reserve Bank and a guidance of the public: consolidated statement of the condition § 261.11 Records available for public (1) Descriptions of the Board’s central of all Federal Reserve Banks, pursuant inspection and copying. and field organization; to 12 U.S.C. 248(a); (a) Types of records made available. (2) Statements of the general course (ii) An index of applications received Unless they were published promptly and method by which the Board’s and the actions taken on the and made available for sale or without functions are channeled and applications, as well as other matters charge, the following records shall be determined, including the nature and issued, adopted, or promulgated by the made available for inspection and requirements of procedures; Board; and copying at the Freedom of Information (3) Rules of procedure, descriptions of (iii) A statement showing changes in Office: forms available and the place where the structure of the banking industry (1) Final opinions, including they may be obtained, and instructions resulting from mergers and the concurring and dissenting opinions, as on the scope and contents of all papers, establishment of branches. well as final orders and written reports, and examinations; (2) Press releases. The Board agreements, made in the adjudication of (4) Substantive rules, interpretations frequently issues statements to the press cases; of general applicability, and statements and public regarding monetary and (2) Statements of policy and of general policy; credit actions, regulatory actions, interpretations adopted by the Board (5) Every amendment, revision, or actions taken on certain types of that are not published in the Federal repeal of the foregoing in paragraphs applications, and other matters. Register; (a)(1) through (a)(4) of this section; (3) Call Report and other data. Certain (3) Administrative staff manuals and (6) Notices of proposed rulemaking; data from Reports of Condition and instructions to staff that affect the (7) Notices of applications received Income submitted to the Board are public; under the Bank Holding Company Act available through the National (4) Copies of all records released to of 1956 (12 U.S.C. 1841 et seq.) and the Technical Information Service and may any person under § 261.12 that, because 54362 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations of the nature of their subject matter, the N.W., Washington, D.C. 20551; or sent the Freedom of Information Office Board has determined are likely to be by facsimile to the Freedom of actually receives the request. requested again; Information Office, (202) 872–7562 or (b) Multitrack processing. (1) The (5) A general index of the records 7565. The request shall be clearly Board provides different levels of referred to in paragraph (a)(4) of this marked FREEDOM OF INFORMATION processing for categories of requests section; and ACT REQUEST. under this section. Requests for records (6) The public section of Community (3) A request may not be combined that are readily identifiable by the Reinvestment Act examination reports. with any other request to the Board Freedom of Information Office and that (b) Reading room procedures. (1) except for a request under 12 CFR have already been cleared for public Information available under this section 261a.3(a) (Rules Regarding Access to release may qualify for fast-track is available for inspection and copying, and Review of Personal Information processing. All other requests shall be from 9:00 a.m. to 5:00 p.m. weekdays, under the Privacy Act of 1974) and a handled under normal processing at the Freedom of Information Office of request made under § 261.23(b)(1)(ii). procedures, unless expedited processing the Board of Governors of the Federal (c) Contents of request. The request has been granted pursuant to paragraph Reserve System, 20th Street and shall contain the following information: (c)(2) of this section. Constitution Avenue, N.W., (1) The name and address of the (2) The Freedom of Information Office will make the determination whether a Washington, D.C. 20551 (the pedestrian requester, and the telephone number at request qualifies for fast-track entrance is on C Street, N.W.). which the requester can be reached processing. A requester may contact the (2) The Board may determine that during normal business hours; Freedom of Information Office to learn certain classes of publicly available (2) Whether the requested information whether a particular request has been filings shall be made available for is intended for commercial use, and assigned to fast-track processing. If the inspection and copying only at the whether the requester is an educational request has not qualified for fast-track Federal Reserve Bank where those or noncommercial scientific institution, processing, the requester will be given records are filed. or news media representative; (c) Electronic records. (1) Except as set an opportunity to limit the request in (3) A statement agreeing to pay the forth in paragraph (c)(2) of this section, order to qualify for fast-track processing. applicable fees, or a statement information available under this section Limitations of requests must be in identifying any desired fee limitation, or that was created by the Board on or after writing. a request for a waiver or reduction of November 1, 1996, shall also be (c) Expedited processing. When a fees that satisfies § 261.17(h); and available on the Board’s internet site person requesting expedited access to (4) If the request is being made in (which can be found at http:// records has demonstrated a compelling connection with on-going litigation, a www.bog.frb.fed.us). need for the records, or when the Board (2) NTIS. The publicly available statement indicating whether the has determined to expedite the portions of Reports of Condition and requester will seek discretionary release response, the Board shall process the Income of individual banks and certain of exempt information from the General request as soon as practicable. other data files produced by the Board Counsel upon denial of the request by (1) To demonstrate a compelling need are distributed by the National the Secretary. A requester who intends for expedited processing, the requester Technical Information Service. Requests to make such a request to the General shall provide a certified statement, a for these public reports should be Counsel may also address the factors set sample of which may be obtained from addressed to: Sales Office, National forth in § 261.23(b). the Freedom of Information Office. The Technical Information Service, U.S. (d) Defective requests. The Board need statement, which must be certified to be Department of Commerce, 5285 Port not accept or process a request that does true and correct to the best of the Royal Road, Springfield, Virginia 22161, not reasonably describe the records requester’s knowledge and belief, shall (703) 487–4650. requested or that does not otherwise demonstrate that: (3) Privacy protection. The Board may comply with the requirements of this (i) The failure to obtain the records on delete identifying details from any section. The Board may return a an expedited basis could reasonably be record to prevent a clearly unwarranted defective request, specifying the expected to pose an imminent threat to invasion of personal privacy. deficiency. The requester may submit a the life or physical safety of an corrected request, which will be treated individual; or § 261.12 Records available to public upon as a new request. (ii) The requester is a representative of request. (e) Oral requests. The Freedom of the news media, as defined in § 261.2, (a) Types of records made available. Information Office may honor an oral and there is urgency to inform the All records of the Board that are not request for records, but if the requester public concerning actual or alleged available under §§ 261.10 and 261.11 is dissatisfied with the Board’s response Board activity. shall be made available upon request, and wishes to seek review, the requester (2) In response to a request for pursuant to the procedures and must submit a written request, which expedited processing, the Secretary exceptions in this Subpart B. shall be treated as an initial request. shall notify a requester of the (b) Procedures for requesting records. determination within ten calendar days (1) A request for identifiable records § 261.13 Processing requests. of receipt of the request. If the Secretary shall reasonably describe the records in (a) Receipt of requests. Upon receipt denies a request for expedited a way that enables the Board’s staff to of any request that satisfies § 261.12(b), processing, the requester may file an identify and produce the records with the Freedom of Information Office shall appeal pursuant to the procedures set reasonable effort and without unduly assign the request to the appropriate forth in paragraph (i) of this section, and burdening or significantly interfering processing schedule, pursuant to the Board shall respond to the appeal with any of the Board’s operations. paragraph (b) of this section. The date within ten working days after the appeal (2) The request shall be submitted in of receipt for any request, including one was received by the Board. writing to the Freedom of Information that is addressed incorrectly or that is (d) Priority of responses. The Office, Board of Governors of the referred to the Board by another agency Secretary will assign responsible staff to Federal Reserve System, 20th & C Street, or by a Federal Reserve Bank, is the date process particular requests. The Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations 54363
Freedom of Information Office will Board deems it appropriate to send the (2) Internal personnel rules and normally process requests in the order documents by another means. practices. Any information related they are received in the separate (2) The Board shall provide a copy of solely to the internal personnel rules processing tracks, except when the record in any form or format and practices of the Board. expedited processing is granted. requested if the record is readily (3) Statutory exemption. Any However, in the Secretary’s discretion, reproducible by the Board in that form information specifically exempted from or upon a court order in a matter to or format, but the Board need not disclosure by statute (other than 5 which the Board is a party, a particular provide more than one copy of any U.S.C. 552b), if the statute: request may be processed out of turn. record to a requester. (i) Requires that the matters be (e) Time limits. The time for response (i) Appeal of denial of request. Any withheld from the public in such a to requests shall be 20 working days, person denied access to Board records manner as to leave no discretion on the except: requested under § 261.12 may file a issue; or (1) In the case of expedited treatment written appeal with the Board, as (ii) Establishes particular criteria for under paragraph (c) of this section; follows: withholding or refers to particular types (2) Where the running of such time is (1) The appeal shall prominently of matters to be withheld. suspended for payment of fees pursuant display the phrase FREEDOM OF (4) Trade secrets; commercial or to § 261.17(b)(2); INFORMATION ACT APPEAL on the financial information. Any matter that is (3) In unusual circumstances, as first page, and shall be addressed to the a trade secret or that constitutes defined in 5 U.S.C. 552(a)(6)(B). In such Freedom of Information Office, Board of commercial or financial information circumstances, the time limit may be Governors of the Federal Reserve obtained from a person and that is extended for a period of time not to System, 20th & C Street, N.W., privileged or confidential. exceed: Washington, D.C. 20551; or sent by (5) Inter- or intra-agency (i) 10 working days as provided by facsimile to the Freedom of Information memorandums. Information contained written notice to the requester, setting Office, (202) 872–7562 or 7565. in inter- or intra-agency memorandums forth the reasons for the extension and (2) An initial request for records may or letters that would not be available by the date on which a determination is not be combined in the same letter with law to a party (other than an agency) in expected to be dispatched; or an appeal. litigation with an agency, including, but (ii) Such alternative time period as not limited to: mutually agreed to by the Freedom of (3) The appeal shall be filed within 10 (i) Memorandums; Information Office and the requester working days of the date on which the (ii) Reports; when the Freedom of Information Office denial was issued, or the date on which (iii) Other documents prepared by the notifies the requester that the request documents in partial response to the staffs of the Board or Federal Reserve cannot be processed in the specified request were transmitted to the Banks; and time limit. requester, whichever is later. The Board (f) Response to request. In response to may consider an untimely appeal if: (iv) Records of deliberations of the a request that satisfies § 261.12(b), an (i) It is accompanied by a written Board and of discussions at meetings of appropriate search shall be conducted of request for leave to file an untimely the Board, any Board committee, or records of the Board in existence on the appeal; and Board staff, that are not subject to 5 date of receipt of the request, and a (ii) The Board determines, in its U.S.C. 552b (the Government in the review made of any responsive discretion and for good and substantial Sunshine Act). information located. The Secretary shall cause shown, that the appeal should be (6) Personnel and medical files. Any notify the requester of: considered. information contained in personnel and (1) The Board’s determination of the (4) The Board shall make a medical files and similar files the request; determination regarding any appeal disclosure of which would constitute a (2) The reasons for the determination; within 20 working days of actual receipt clearly unwarranted invasion of (3) The amount of information of the appeal by the Freedom of personal privacy. withheld; Information Office, and the (7) Information compiled for law (4) The right of the requester to appeal determination letter shall notify the enforcement purposes. Any records or to the Board any denial or partial denial, appealing party of the right to seek information compiled for law as specified in paragraph (i) of this judicial review. enforcement purposes, to the extent section; and (5) The Secretary may reconsider a permitted under 5 U.S.C. 552(b)(7); (5) In the case of a denial of a request, denial being appealed if intervening including information relating to the name and title or position of the circumstances or additional facts not administrative enforcement proceedings person responsible for the denial. known at the time of the denial come to of the Board. (g) Referral to another agency. To the the attention of the Secretary while an (8) Examination, inspection, extent a request covers documents that appeal is pending. operating, or condition reports, and were created by, obtained from, or confidential supervisory information. classified by another agency, the Board § 261.14 Exemptions from disclosure. Any matter that is contained in or may refer the request to that agency for (a) Types of records exempt from related to examination, operating, or a response and inform the requester disclosure. Pursuant to 5 U.S.C. 552(b), condition reports prepared by, on behalf promptly of the referral. the following records of the Board are of, or for the use of an agency (h) Providing responsive records. (1) exempt from disclosure under this part: responsible for the regulation or Copies of requested records shall be sent (1) National defense. Any information supervision of financial institutions, to the requester by regular U.S. mail to that is specifically authorized under including a state financial institution the address indicated in the request, criteria established by an Executive supervisory agency. unless the requester elects to take Order to be kept secret in the interest of (b) Segregation of nonexempt delivery of the documents at the national defense or foreign policy and is information. The Board shall provide Freedom of Information Office or makes in fact properly classified pursuant to any reasonably segregable portion of a other acceptable arrangements, or the the Executive Order. record that is requested after deleting 54364 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations those portions that are exempt under § 261.15 Request for confidential § 261.16 Request for access to this section. treatment. confidential commercial or financial information. (c) Discretionary release. (1) Except (a) Submission of request. Any (a) Request for confidential where disclosure is expressly prohibited submitter of information to the Board information. A request by a submitter by statute, regulation, or order, the who desires confidential treatment for confidential treatment of any Board may release records that are pursuant to 5 U.S.C. 552(b)(4) and information shall be considered in exempt from mandatory disclosure § 261.14 (a)(4) shall file a request for connection with a request for access to whenever the Board or designated Board confidential treatment with the Board that information. At their discretion, members, the Secretary of the Board, the (or in the case of documents filed with appropriate Board or staff members General Counsel of the Board, the a Federal Reserve Bank, with that (including Federal Reserve Bank staff) Director of the Division of Banking Federal Reserve Bank) at the time the may act on the request for Supervision and Regulation, or the information is submitted or a reasonable confidentiality prior to any request for appropriate Federal Reserve Bank, time after submission. access to the documents. acting pursuant to this part or 12 CFR (b) Form of request. Each request for (b) Notice to the submitter. When a part 265, determines that such confidential treatment shall state in request for access is received pursuant disclosure would be in the public reasonable detail the facts supporting to the Freedom of Information Act (5 interest. the request and its legal justification. U.S.C. 552): (2) The Board may make any exempt Conclusory statements that release of (1) The Secretary shall notify a information furnished in connection the information would cause submitter of the request, if: with an application for Board approval competitive harm generally will not be (i) The submitter requested of a transaction available to the public considered sufficient to justify confidential treatment of the in accordance with § 261.12, and confidential treatment. information pursuant to 5 U.S.C. without prior notice and to the extent it (c) Designation and separation of 552(b)(4); and deems necessary, may comment on such confidential material. All information (ii) The request by the submitter for information in any opinion or statement considered confidential by a submitter confidential treatment was made within issued to the public in connection with shall be clearly designated 10 years preceding the date of the a Board action to which such CONFIDENTIAL in the submission and request for access. information pertains. separated from information for which (2) Absent a request for confidential (d) Delayed release. Publication in the confidential treatment is not requested. treatment, the Secretary may notify a Federal Register or availability to the Failure to segregate confidential submitter of a request for access to public of certain information may be information from other material may information provided by the submitter if delayed if immediate disclosure would result in release of the nonsegregated the Secretary reasonably believes that likely: material to the public without notice to disclosure of the information may cause the submitter. substantial competitive harm to the (1) Interfere with accomplishing the submitter. objectives of the Board in the discharge (d) Exceptions. This section does not (3) The notice given to the submitter of its statutory functions; apply to: shall: (2) Interfere with the orderly conduct (1) Data collected on forms that are (i) Be given as soon as practicable of the foreign affairs of the United approved pursuant to the Paperwork after receipt of the request for access; States; Reduction Act (44 U.S.C. 3501 et seq.) (ii) Describe the request; and and are deemed confidential by the (iii) Give the submitter a reasonable (3) Permit speculators or others to Board. Any such form deemed opportunity, not to exceed ten working gain unfair profits or other unfair confidential by the Board shall so days from the date of notice, to submit advantages by speculative trading in indicate on the face of the form or in its written objections to disclosure of the securities or otherwise; instructions. The data may, however, be information. (4) Result in unnecessary or disclosed in aggregate form in such a (c) Exceptions to notice to submitter. unwarranted disturbances in the manner that individual company data is Notice to the submitter need not be securities markets; not disclosed or derivable. given if: (5) Interfere with the orderly (2) Any comments submitted by a (1) The Secretary determines that the execution of the objectives or policies of member of the public on applications request for access should be denied; other government agencies; or and regulatory proposals being (2) The requested information considered by the Board, unless the lawfully has been made available to the (6) Impair the ability to negotiate any public; contract or otherwise harm the Board or the Secretary determines that confidential treatment is warranted. (3) Disclosure of the information is commercial or financial interest of the required by law (other than 5 U.S.C. United States, the Board, any Federal (3) A determination by the Board to 552); or Reserve Bank, or any department or comment upon information submitted (4) The submitter’s claim of agency of the United States. to the Board in any opinion or statement confidentiality under 5 U.S.C. 552(b)(4) (e) Prohibition against disclosure. issued to the public as described in appears obviously frivolous or has Except as provided in this part, no § 261.14(c). already been denied by the Secretary, officer, employee, or agent of the Board (e) Special procedures. The Board except that in this last instance the or any Federal Reserve Bank shall may establish special procedures for Secretary shall give the submitter disclose or permit the disclosure of any particular documents, filings, or types of written notice of the determination to unpublished information of the Board to information by express provisions in disclose the information at least five any person (other than Board or Reserve this part or by instructions on particular working days prior to disclosure. Bank officers, employees, or agents forms that are approved by the Board. (d) Notice to requester. At the same properly entitled to such information for These special procedures shall take time the Secretary notifies the the performance of official duties). precedence over this section. submitter, the Secretary also shall notify Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations 54365 the requester that the request is subject of fees pursuant to paragraph (f) of this (d) Nonproductive search. Fees for to the provisions of this section. section. search and review may be charged even (e) Written objections by submitter. (1) Advance notification of fees. If the if no responsive documents are located Upon receipt of notice of a request for estimated charges are likely to exceed or if the request is denied. access to its information, the submitter $100, the Freedom of Information Office (e) Aggregated requests. A requester may provide written objections to shall notify the requester of the may not file multiple requests at the release of the information. Such estimated amount, unless the requester same time, solely in order to avoid objections shall state whether the has indicated a willingness to pay fees payment of fees. If the Secretary information was provided voluntarily or as high as those anticipated. Upon reasonably believes that a requester is involuntarily to the Board. receipt of such notice, the requester may separating a request into a series of (1) If the information was voluntarily confer with the Freedom of Information requests for the purpose of evading the provided to the Board, the submitter Office to reformulate the request to assessment of fees, the Secretary may shall provide detailed facts showing that lower the costs. The time period for aggregate any such requests and charge the information is customarily withheld responding to requests under accordingly. It is considered reasonable from the public. § 261.13(e), and the processing of the for the Secretary to presume that (2) If the information was not request will be suspended until the multiple requests of this type made provided voluntarily to the Board, the requester agrees to pay the applicable within a 30-day period have been made submitter shall provide detailed facts fees. to avoid fees. and arguments showing: (2) Advance payment. The Secretary (f) Waiver or reduction of fees. A (i) The likelihood of substantial harm may require advance payment of any fee request for a waiver or reduction of the that would be caused to the submitter’s estimated to exceed $250. The Secretary fees, and the justification for the waiver, competitive position; or may also require full payment in shall be included with the request for (ii) That release of the information advance where a requester has would impair the Board’s ability to records to which it pertains. If a waiver previously failed to pay a fee in a timely is requested and the requester has not obtain necessary information in the fashion. The time period for responding future. indicated in writing an agreement to pay to requests under § 261.13(e), and the the applicable fees if the waiver request (f) Determination by Secretary. The processing of the request will be Secretary’s determination whether or is denied, the time for response to the suspended until the Freedom of request for documents, as set forth in not to disclose any information for Information Office receives the required which confidential treatment has been § 261.13(e), shall not begin until a payment. waiver has been granted; or if the waiver requested pursuant to this section shall (3) Late charges. The Secretary may be communicated to the submitter and is denied, until the requester has agreed assess interest charges when fee to pay the applicable fees. the requester immediately. If the payment is not made within 30 days of Secretary determines to disclose the (1) Standards for determining waiver the date on which the billing was sent. or reduction. The Secretary shall grant information and the submitter has Interest is at the rate prescribed in 31 objected to such disclosure pursuant to a waiver or reduction of fees where it is U.S.C. 3717 and accrues from the date determined both that disclosure of the paragraph (e) of this section, the of the billing. Secretary shall provide the submitter information is in the public interest (c) Categories of uses. The fees with the reasons for disclosure, and because it is likely to contribute assessed depend upon the intended use shall delay disclosure for ten working significantly to public understanding of for the records requested. In days from the date of the determination. the operation or activities of the determining which category is (g) Notice of lawsuit. (1) The Secretary government, and that the disclosure of appropriate, the Secretary shall look to shall promptly notify any submitter of information is not primarily in the the intended use set forth in the request information covered by this section of commercial interest of the requester. In for records. Where a requester’s the filing of any suit against the Board making this determination, the description of the use is insufficient to to compel disclosure of such following factors shall be considered: make a determination, the Secretary information. (i) Whether the subject of the records (2) The Secretary shall promptly may seek additional clarification before concerns the operations or activities of notify the requester of any suit filed categorizing the request. the government; (1) Commercial use. The fees for against the Board to enjoin the (ii) Whether disclosure of the search, duplication, and review apply disclosure of any documents requested information is likely to contribute when records are requested for by the requester. significantly to public understanding of commercial use. government operations or activities; § 261.17 Fee schedules; waiver of fees. (2) Educational, research, or media (iii) Whether the requester has the (a) Fee schedules. The fees applicable use. The fees for duplication apply intention and ability to disseminate the to a request for records pursuant to when records are not sought for information to the public; §§ 261.11 and 261.12 are set forth in commercial use, and the requester is a Appendix A to this section. These fees representative of the news media or an (iv) Whether the information is cover only the full allowable direct costs educational or noncommercial scientific already in the public domain; of search, duplication, and review. No institution, whose purpose is scholarly (v) Whether the requester has a fees will be charged where the average or scientific research. The first 100 commercial interest that would be cost of collecting the fee (calculated at pages of duplication, however, will be furthered by the disclosure; and, if so, $5.00) exceeds the amount of the fee. provided free. (vi) Whether the magnitude of the (b) Payment procedures. The (3) All other uses. For all other identified commercial interest of the Secretary may assume that a person requests, the fees for document search requester is sufficiently large, in requesting records pursuant to § 261.12 and duplication apply. The first two comparison with the public interest in will pay the applicable fees, unless the hours of search time and the first 100 disclosure, that disclosure is primarily request includes a limitation on fees to pages of duplication, however, will be in the commercial interest of the be paid or seeks a waiver or reduction provided free. requester. 54366 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations
(2) Contents of request for waiver. A APPENDIX A TO § 261.17.ÐFREEDOM from Construcciones Aeronauticas, S.A., request for a waiver or reduction of fees OF INFORMATION FEE SCHEDULEÐ Getafe, Madrid, Spain. This information shall include: Continued may be examined at the Federal (i) A clear statement of the requester’s Aviation Administration (FAA), interest in the documents; Tapes (cassette) per tape ...... 6.00 Transport Airplane Directorate, Rules (ii) The use proposed for the Tapes (cartridge), per tape ...... 9.00 Docket, 1601 Lind Avenue, SW., documents and whether the requester Tapes (reel), per tape ...... 18.00 Renton, Washington; or at the Office of 1 ′′ will derive income or other benefit for Diskettes (3 ¤2 ), per diskette ..... 4.00 the Federal Register, 800 North Capitol Diskettes (51¤4′′), per diskette ..... 5.00 such use; Street, NW., suite 700, Washington, DC. (iii) A statement of how the public Computer Output (PC), per minute ...... 10 FOR FURTHER INFORMATION CONTACT: Greg will benefit from such use and from the Computer Output (mainframe) .... (1) Dunn, Aerospace Engineer, Board’s release of the documents; Standardization Branch, ANM–113, 1 Actual cost. (iv) A description of the method by FAA, Transport Airplane Directorate, which the information will be By order of the Board of Governors of the 1601 Lind Avenue, SW., Renton, disseminated to the public; and Federal Reserve System, October 10, 1997. Washington 98055–4056; telephone (v) If specialized use of the William W. Wiles, (425) 227–2799; fax (425) 227–1149. information is contemplated, a Secretary of the Board. statement of the requester’s SUPPLEMENTARY INFORMATION: A [FR Doc. 97–27566 Filed 10–17–97; 8:45 am] qualifications that are relevant to that proposal to amend part 39 of the Federal use. BILLING CODE 6210±01±P Aviation Regulations (14 CFR part 39) to (3) Burden of proof. The burden shall include an airworthiness directive (AD) be on the requester to present evidence that is applicable to certain CASA or information in support of a request DEPARTMENT OF TRANSPORTATION Model CN–235 series airplanes was for a waiver or reduction of fees. published in the Federal Register on Federal Aviation Administration (4) Determination by Secretary. The February 7, 1997 (62 FR 5785). That action proposed to require repetitive Secretary shall make a determination on 14 CFR Part 39 the request for a waiver or reduction of inspections of the torsion tubes and fees and shall notify the requester [Docket No. 96±NM±137±AD; Amendment fittings of the elevator and rudder accordingly. A denial may be appealed 39±10159; AD 97±21±06] assemblies to detect stress corrosion to the Board in accordance with RIN 2120±AA64 cracking, and replacement of discrepant § 261.13(j). parts. In addition, that action proposed (g) Employee requests. In connection Airworthiness Directives; to require eventual installation of newly with any request by an employee, Construcciones Aeronauticas, S.A. designed torsion tube assemblies on all former employee, or applicant for (CASA) Model CN±235 Series airplanes, which, when accomplished, employment, for records for use in Airplanes would constitute terminating action for prosecuting a grievance or complaint of the required inspections. discrimination against the Board, fees AGENCY: Federal Aviation Interested persons have been afforded shall be waived where the total charges Administration, DOT. an opportunity to participate in the ACTION: (including charges for information Final rule. making of this amendment. No comments were submitted in response provided under the Privacy Act of 1974 SUMMARY: This amendment adopts a (5 U.S.C. 552a) are $50 or less; but the new airworthiness directive (AD), to the proposal or the FAA’s Secretary may waive fees in excess of applicable to certain CASA Model CN– determination of the cost to the public. that amount. 235 series airplanes, that requires Conclusion (h) Special services. The Secretary repetitive inspections of the torsion The FAA has determined that air may agree to provide, and set fees to tubes and fittings of the elevator and safety and the public interest require the recover the costs of, special services not rudder assemblies to detect stress adoption of the rule as proposed. covered by the Freedom of Information corrosion cracking, and replacement of Act, such as certifying records or cracked parts. This action also requires Cost Impact information and sending records by accomplishment of a modification that The FAA estimates that 1 CASA special methods such as express mail or constitutes terminating action for the overnight delivery. Model CN–235 series airplane of U.S. repetitive inspections. This amendment registry will be affected by this AD. is prompted by reports indicating that It will take approximately 6 work APPENDIX A TO § 261.17.ÐFREEDOM stress corrosion cracking in these parts OF INFORMATION FEE SCHEDULE hours per airplane to accomplish each has been found on some airplanes. The required visual inspection, at an average actions specified by this AD are Duplication: labor rate of $60 per work hour. Based intended to prevent loss of control of on these figures, the cost impact of the Photocopy, per standard page .... $0.10 the elevator and/or rudder, due to Paper copies of microfiche, per required inspection on the single frame ...... 10 failure of the elevator and/or rudder affected U.S. operator is estimated to be Duplicate microfiche, per micro- assemblies as a result of stress corrosion $360, per inspection cycle. fiche ...... 35 cracking. It will take approximately 40 work Search and review: DATES: Effective November 24, 1997. hours to accomplish the required Clerical/Technical, hourly rate ..... 20.00 The incorporation by reference of terminating modification, at an average Professional/Supervisory, hourly certain publications listed in the rate ...... 38.00 labor rate of $60 per work hour. (The regulations is approved by the Director work hour figure does not include the Manager/Senior Professional, of the Federal Register as of November hourly rate ...... 65.00 time needed for preparation of the Computer search and production: 24, 1997. airplane or equipment; familiarization Computer operator search, hour- ADDRESSES: The service information with the service bulletin; curing times ly rate ...... 32.00 referenced in this AD may be obtained for adhesive, sealant, paint, etc.; tool Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations 54367 collection; or down time). Required § 39.13 [Amended] AD, repeat that inspection at intervals not to parts will cost approximately $8,900 per 2. Section 39.13 is amended by exceed 600 hours time-in-service, or 1,000 airplane. Based on these figures, the cost adding the following new airworthiness landings, or 6 months, whichever occurs impact of the required modification on directive: first. (c) If any cracking is detected during the the single affected U.S. operator is 97–21–06 CASA: Amendment 39–10159. inspection required by paragraph (a) of this estimated to be $11,300. Docket 96–NM–137–AD. AD, prior to further flight, accomplish either The cost impact figures discussed Applicability: CASA Model CN–235 paragraph (c)(1) or (c)(2) of this AD. above are based on assumptions that no airplanes; as listed in CASA Service Bulletin (1) Replace cracked parts with a new parts operator has yet accomplished any of SB–235–27–05, Revision 1, dated September of the original design, in accordance with the 29, 1993 (non-military airplanes), and CASA the requirements of this AD action, and service bulletin. After replacement, repeat that no operator would accomplish Service Bulletin SB–235–27–05M, Revision 2, dated January 25, 1996 (military airplanes); the visual inspection required by paragraph those actions in the future if this AD certificated in any category. (a) of this AD at intervals not to exceed 600 were not adopted. hours time-in-service, or 1,000 landings, or 6 Note 1: This AD applies to each airplane months, whichever occurs first. OR Regulatory Impact identified in the preceding applicability provision, regardless of whether it has been (2) Replace cracked parts with a newly- The regulations adopted herein will otherwise modified, altered, or repaired in designed parts, in accordance with CASA not have substantial direct effects on the the area subject to the requirements of this Service Bulletin SB–235–27–05, Revision 1, States, on the relationship between the AD. For airplanes that have been modified, dated September 29, 1993 (for non-military altered, or repaired so that the performance airplanes); or CASA Service Bulletin SB– national government and the States, or of the requirements of this AD is affected, the 235–27–05M, Revision 2, dated January 25, on the distribution of power and owner/operator must request approval for an 1996 (for military airplanes); as applicable. responsibilities among the various alternative method of compliance in This replacement constitutes terminating levels of government. Therefore, in accordance with paragraph (e) of this AD. action for the repetitive visual inspections of The request should include an assessment of accordance with Executive Order 12612, that part required by paragraph (b) of this it is determined that this final rule does the effect of the modification, alteration, or repair on the unsafe condition addressed by AD. not have sufficient federalism (d) Within 2 years after the effective date implications to warrant the preparation this AD; and, if the unsafe condition has not been eliminated, the request should include of this AD, replace all original design parts of a Federalism Assessment. specific proposed actions to address it. comprising the torsion tube assemblies on For the reasons discussed above, I Compliance: Required as indicated, unless the elevator and rudder assemblies with certify that this action (1) is not a accomplished previously. newly-designed parts, in accordance with ‘‘significant regulatory action’’ under To prevent loss of control of the elevator CASA Service Bulletin SB–235–27–05, and/or rudder, due to failure of the elevator Executive Order 12866; (2) is not a Revision 1, dated September 29, 1993 (for and/or rudder assemblies as a result of stress ‘‘significant rule’’ under DOT non-military airplanes); or CASA Service corrosion cracking in the torsion tubes and Bulletin SB–235–27–05M, Revision 2, dated Regulatory Policies and Procedures (44 fittings, accomplish the following: FR 11034, February 26, 1979); and (3) January 25, 1996 (for military airplanes); as Note 2: Actions required by this AD that applicable. This action constitutes will not have a significant economic were accomplished previous to the effective terminating action for the inspection impact, positive or negative, on a date of this AD, and in accordance with requirements of this AD. substantial number of small entities earlier versions of the specified CASA service bulletins, are considered acceptable for (e) An alternative method of compliance or under the criteria of the Regulatory adjustment of the compliance time that Flexibility Act. A final evaluation has compliance with the applicable requirements of this AD. provides an acceptable level of safety may be been prepared for this action and it is used if approved by the Manager, contained in the Rules Docket. A copy (a) At the applicable time specified in either paragraph (a)(1) or (a)(2) of this AD, Standardization Branch, ANM–113, FAA, of it may be obtained from the Rules conduct a visual inspection of the torsion Transport Airplane Directorate. Operators Docket at the location provided under (torsion) tubes on the elevator and rudder shall submit their requests through an the caption ADDRESSES. assemblies to detect stress corrosion appropriate FAA Principal Maintenance cracking, in accordance with CASA Service List of Subjects in 14 CFR Part 39 Inspector, who may add comments and then Bulletin SB–235–27–05, Revision 1, dated send it to the Manager, Standardization Air transportation, Aircraft, Aviation September 29, 1993 (for non-military Branch, ANM–113. airplanes) or CASA Service Bulletin SB–235– Note 3: Information concerning the safety, Incorporation by reference, 27–05M, Revision 2, dated January 25, 1996 Safety. (for military airplanes), as applicable. existence of approved alternative methods of compliance with this AD, if any, may be Adoption of the Amendment (1) For airplanes that have accumulated more than 600 total hours time-in-service, or obtained from the Standardization Branch, ANM–113. Accordingly, pursuant to the more than 1,000 total landings, as of the effective date of this AD: Conduct the authority delegated to me by the (f) Special flight permits may be issued in inspection required by paragraph (a) of this accordance with sections 21.197 and P21.199 Administrator, the Federal Aviation AD prior to the accumulation of 50 hours Administration amends part 39 of the of the Federal Aviation Regulations (14 CFR time-in-service, or 100 landings, or within 3 21.197 and 21.199) to operate the airplane to Federal Aviation Regulations (14 CFR months, after the effective date of this AD, a location where the requirements of this AD part 39) as follows: whichever occurs first. can be accomplished. (2) For all other airplanes: Conduct the PART 39ÐAIRWORTHINESS inspection required by paragraph (a) of this (g) The actions shall be done in accordance DIRECTIVES AD prior to the accumulation of 600 total with CASA Service Bulletin SB–235–27–05, hours time-in-service, or 1,000 total landings, Revision 1, dated September 29, 1993; and CASA Service Bulletin SB–235–27–05M, 1. The authority citation for part 39 or within 6 months, after the effective date Revision 2, dated January 25, 1996; as continues to read as follows: of this AD, whichever occurs first. (b) If no cracking is detected during the applicable; which contain the specified Authority: 49 U.S.C. 106(g), 40113, 44701. inspection required by paragraph (a) of this effective pages: 54368 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations
Revision level Date shown on Service bulletin referenced and date Page No. shown on page page
SB±235±27±05, Revision 1, September 29, 1993 ...... 1, 2 ...... 1 ...... September 29, 1993. 3±23 ...... Original .... February 5, 1993. SB±235±27±05M, Revision 2, January 25, 1996 ...... 1 ...... 2 ...... January 25, 1996. 2±23 ...... Original .... October 28, 1991.
This incorporation by reference was oxygen hose assemblies are installed, that is applicable to certain Raytheon approved by the Director of the Federal and, if installed, replacement of those Model DH.125–400A; BH.125–400A and Register in accordance with 5 U.S.C. 552(a) hose assemblies with new, improved –600A; HS.125–600A and –700A; BAe and 1 CFR part 51. Copies may be obtained hose assemblies. This amendment is 125–800A series airplanes; and Hawker from Construcciones Aeronauticas, S.A., Getafe, Madrid, Spain. Copies may be prompted by a report that certain high 800 and Hawker 800 XP series airplanes inspected at the FAA, Transport Airplane pressure oxygen hose assemblies are (including military variants C29A, Directorate, 1601 Lind Avenue, SW., Renton, susceptible to leakage due to those hose U125, U125A), was published in the Washington; or at the Office of the Federal assemblies not meeting design Federal Register on July 24, 1997 (62 FR Register, 800 North Capitol Street, NW., suite specifications during manufacturing. 39787). That action proposed to require 700, Washington, DC. The actions specified by this AD are a one-time inspection to determine if Note 4: The subject of this AD is addressed intended to prevent leaks in high certain high pressure oxygen hose in Spanish airworthiness directive 06/94, pressure oxygen hose assemblies, assemblies are installed, and, if dated August 1994. which, if not detected and corrected, installed, replacement of those hose (h) This amendment becomes effective on could result in insufficient oxygen assemblies with new, improved hose November 24, 1997. available to the passengers or crew if the assemblies. Issued in Renton, Washington, on October cabin pressure altitude should rise to a Interested persons have been afforded 8, 1997. level requiring emergency oxygen. an opportunity to participate in the James V. Devany, DATES: Effective November 24, 1997. making of this amendment. No Acting Manager, Transport Airplane The incorporation by reference of comments were submitted in response Directorate, Aircraft Certification Service. certain publications listed in the to the proposal or the FAA’s [FR Doc. 97–27222 Filed 10–17–97; 8:45 am] regulations is approved by the Director determination of the cost to the public. BILLING CODE 4910±13±U of the Federal Register as of November 24, 1997. Conclusion ADDRESSES: The service information The FAA has determined that air DEPARTMENT OF TRANSPORTATION referenced in this AD may be obtained safety and the public interest require the from Raytheon Aircraft Company, adoption of the rule as proposed. Federal Aviation Administration Manager Service Engineering, Hawker Cost Impact 14 CFR Part 39 Customer Support Department, P.O. Box 85, Wichita, Kansas 67201–0085. This The FAA estimates that 404 Raytheon [Docket No. 96±NM±274±AD; Amendment information may be examined at the Model DH.125–400A; BH.125–400A and 39±10158; AD 97±21±05] Federal Aviation Administration (FAA), –600A; HS.125–600A and –700A; BAe RIN 2120±AA64 Transport Airplane Directorate, Rules 125–800A; and Hawker 800 and Hawker Docket, 1601 Lind Avenue, SW., 800 XP series airplanes (including Airworthiness Directives; Raytheon Renton, Washington; or at the FAA, military variants) of U.S. registry will be Model DH.125±400A; BH.125±400A and Small Airplane Directorate, Wichita affected by this AD. ±600A; HS.125±600A and ±700A; BAe Aircraft Certification Office, 1801 It will take approximately 1 work 125±800A Series Airplanes; and Airport Road, Room 100, Mid-Continent hour per airplane to accomplish the Hawker 800 and Hawker 800 XP Series Airport, Wichita, Kansas; or at the required actions, at an average labor rate Airplanes Including Military Variants Office of the Federal Register, 800 North of $60 per work hour. Based on these Capitol Street, NW., suite 700, AGENCY: Federal Aviation figures, the cost impact of the initial Washington, DC. Administration, DOT. inspection required by this AD on U.S. FOR FURTHER INFORMATION CONTACT: operators is estimated to be $24,240, or ACTION: Final rule. Michael Imbler, Aerospace Engineer, $60 per airplane. SUMMARY: This amendment adopts a Systems and Propulsion Branch, ACE– Should an operator be required to new airworthiness directive (AD), 115W, FAA, Small Airplane Directorate, accomplish the replacement, it would applicable to certain Raytheon Model Wichita Aircraft Certification Office, take approximately 1 work hour per DH.125–400A; BH.125–400A and 1801 Airport Road, Room 100, Mid- airplane to accomplish it, at an average –600A; HS.125–600A and –700A; BAe Continent Airport, Wichita, Kansas labor rate of $60 per work hour. 125–800A series airplanes; and Hawker 67209; telephone (316) 946–4147; fax Required parts would be supplied by 800 and Hawker 800 XP series airplanes (316) 946–4407. the manufacturer at no cost to the (including military variants C29A, SUPPLEMENTARY INFORMATION: A operators. Based on these figures, the U125, U125A). This amendment proposal to amend part 39 of the Federal cost impact of the replacement on U.S. requires a one-time inspection to Aviation Regulations (14 CFR part 39) to operators is estimated to be $60 per determine if certain high pressure include an airworthiness directive (AD) airplane. Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations 54369
The cost impact figures discussed –700A, and BAe 125–800A series airplanes; Note 3: Information concerning the above are based on assumptions that no and Model Hawker 800 and Hawker 800 XP existence of approved alternative methods of operator has yet accomplished any of series airplanes (including Military Variants compliance with this AD, if any, may be the requirements of this AD action, and C29A, U125, and U125A airplanes); having obtained from the Wichita ACO. serial numbers 1 through 258294 inclusive; that no operator would accomplish (d) Special flight permits may be issued in on which Modification 252036 has been accordance with sections 21.197 and 21.199 those actions in the future if this AD installed with a high pressure oxygen hose were not adopted. of the Federal Aviation Regulations (14 CFR assembly having part number WKA 34609; 21.197 and 21.199) to operate the airplane to certificated in any category. Regulatory Impact a location where the requirements of this AD Note 1: This AD applies to each airplane can be accomplished. The regulations adopted herein will identified in the preceding applicability (e) The actions shall be done in accordance not have substantial direct effects on the provision, regardless of whether it has been with Raytheon Service Bulletin SB.35–46, States, on the relationship between the otherwise modified, altered, or repaired in dated September 30, 1996. This national government and the States, or the area subject to the requirements of this incorporation by reference was approved by on the distribution of power and AD. For airplanes that have been modified, the Director of the Federal Register in responsibilities among the various altered, or repaired so that the performance accordance with 5 U.S.C. 552(a) and 1 CFR of the requirements of this AD is affected, the levels of government. Therefore, in part 51. Copies may be obtained from owner/operator must request approval for an Raytheon Aircraft Company, Manager Service accordance with Executive Order 12612, alternative method of compliance in it is determined that this final rule does Engineering, Hawker Customer Support accordance with paragraph (c) of this AD. Department, P.O. Box 85, Wichita, Kansas not have sufficient federalism The request should include an assessment of 67201–0085. Copies may be inspected at the the effect of the modification, alteration, or implications to warrant the preparation FAA, Transport Airplane Directorate, 1601 repair on the unsafe condition addressed by of a Federalism Assessment. Lind Avenue, SW., Renton, Washington; or at this AD; and, if the unsafe condition has not For the reasons discussed above, I the FAA, Small Airplane Directorate, Wichita been eliminated, the request should include certify that this action (1) is not a Aircraft Certification Office, 1801 Airport ‘‘significant regulatory action’’ under specific proposed actions to address it. Note 2: Raytheon (Beech) Model DH.125– Road, Room 100, Mid-Continent Airport, Executive Order 12866; (2) is not a 400B, BH.125–400B and –600B, HS. 125– Wichita, Kansas; or at the Office of the ‘‘significant rule’’ under DOT 600B and –700B, and BAe 125–800B series Federal Register, 800 North Capitol Street, Regulatory Policies and Procedures (44 airplanes are similar in design to the NW., suite 700, Washington, DC. FR 11034, February 26, 1979); and (3) airplanes that are subject to the requirements (f) This amendment becomes effective on will not have a significant economic of this AD, and therefore, also may be subject November 24, 1997. impact, positive or negative, on a to the unsafe condition addressed by this AD. Issued in Renton, Washington, on October substantial number of small entities However, as of the effective date of this AD, 8, 1997. those models are not type certificated for James V. Devany, under the criteria of the Regulatory operation in the United States. Airworthiness Acting Manager, Transport Airplane Flexibility Act. A final evaluation has authorities of countries in which those Directorate, Aircraft Certification Service. been prepared for this action and it is models are approved for operation should contained in the Rules Docket. A copy consider adopting corrective action, [FR Doc. 97–27223 Filed 10–17–97; 8:45 am] of it may be obtained from the Rules applicable to these models, that is similar to BILLING CODE 4910±13±U Docket at the location provided under the corrective action required by this AD. the caption ADDRESSES. Compliance: Required as indicated, unless accomplished previously. DEPARTMENT OF TRANSPORTATION List of Subjects in 14 CFR Part 39 To prevent leaks in high pressure oxygen hose assemblies, which could result in Federal Aviation Administration Air transportation, Aircraft, Aviation insufficient oxygen quantity available to the safety, Incorporation by reference, passengers or crew if the cabin pressure 14 CFR Part 39 Safety. altitude should rise to a level requiring Adoption of the Amendment emergency oxygen, accomplish the following: [Docket No. 96±NM±64±AD; Amendment (a) Within 90 days after the effective date 39±10157; AD 97±21±04] Accordingly, pursuant to the of this AD, perform a one-time inspection to authority delegated to me by the determine whether any high pressure oxygen RIN 2120±AA64 Administrator, the Federal Aviation hose assembly having a discrepant part Airworthiness Directives; Airbus Model Administration amends part 39 of the number WKA 34609 is installed, in accordance with Raytheon Service Bulletin A310 and A300±600 Series Airplanes Federal Aviation Regulations (14 CFR SB.35–46, dated September 30, 1996. If no Equipped With Pratt & Whitney part 39) as follows: discrepant part number is detected, no Turbofan Engines further action is required by this AD. If any PART 39ÐAIRWORTHINESS hose assembly having discrepant part AGENCY: Federal Aviation DIRECTIVES number WKA 34609 is installed, prior to Administration, DOT. 1. The authority citation for part 39 further flight, replace the hose assembly with a hose assembly having part number 58179– ACTION: Final rule. continues to read as follows: 101, in accordance with the service bulletin. SUMMARY: This amendment adopts a Authority: 49 U.S.C. 106(g), 40113, 44701. (b) As of the effective date of this AD, no person shall install a high pressure oxygen new airworthiness directive (AD), § 39.13 [Amended] hose having part number WKA 34609 on any applicable to certain Airbus Model 2. Section 39.13 is amended by airplane. A310 and A300–600 series airplanes, adding the following new airworthiness (c) An alternative method of compliance or that requires flow checks of the directive: adjustment of the compliance time that hydraulic pump drain system to ensure provides an acceptable level of safety may be that the system is not clogged, and 97–21–05 Raytheon Aircraft Company used if approved by the Manager, Wichita (Formerly Beech, Raytheon Corporate correction of any discrepancy. Aircraft Certification Office (ACO), FAA, Additionally, this amendment requires Jets, British Aerospace, Hawker Small Airplane Directorate. Operators shall Siddeley, et al.): Amendment 39–10158. submit their requests through an appropriate replacement of the existing seal of the Docket 96–NM–274–AD. FAA Principal Maintenance Inspector, who accessory gearbox with a new, improved Applicability: All Model DH.125–400A, may add comments and then send it to the seal assembly; this replacement BH.125–400A and –600A, HS.125–600A and Manager, Wichita ACO. terminates the requirement for repetitive 54370 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations flow checks. This amendment is References to Service Bulletin Change Regulatory Impact prompted by reports indicating that Notices The regulations adopted herein will hydraulic fluid had contaminated the Since the issuance of the proposal, not have substantial direct effects on the engine oil system as a result of failure Airbus has issued Service Bulletin States, on the relationship between the of the seal of the hydraulic pump shaft. Change Notice No. O.A., dated June 17, national government and the States, or The actions specified by this AD are 1993, for Airbus Service Bulletin A300– on the distribution of power and intended to prevent clogging of the 72–6018 (for Model A300–600 series responsibilities among the various hydraulic pump drain system, which airplanes equipped with Pratt & levels of government. Therefore, in could cause failure of the seal of the Whitney JT9D–7R4 engines). This accordance with Executive Order 12612, hydraulic pump shaft and subsequent change notice revises the service it is determined that this final rule does contamination of the engine accessory bulletin by specifying the latest French not have sufficient federalism gearbox oil; this condition could result airworthiness directive: 92–231– implications to warrant the preparation in an in-flight engine shutdown. 136(B)R1, dated March 27, 1993. of a Federalism Assessment. For the reasons discussed above, I Airbus also has issued Service DATES: Effective November 24, 1997. certify that this action (1) is not a Bulletin Change Notice No. O.A., dated The incorporation by reference of ‘‘significant regulatory action’’ under June 17, 993, for Airbus Service Bulletin certain publications listed in the Executive Order 12866; (2) is not a A300–72–6019 (for Model A300–600 regulations is approved by the Director ‘‘significant rule’’ under DOT series airplanes equipped with Pratt & Regulatory Policies and Procedures (44 of the Federal Register as of November Whitney PW 4000 engines). This change FR 11034, February 26, 1979); and (3) 24, 1997. notice also revises the service bulletin will not have a significant economic by referencing the French airworthiness ADDRESSES: The service information impact, positive or negative, on a directive specified previously. referenced in this AD may be obtained substantial number of small entities Additionally, the change notice revises from Airbus Industrie, 1 Rond Point under the criteria of the Regulatory the service bulletin effectivity by Maurice Bellonte, 31707 Blagnac Cedex, Flexibility Act. A final evaluation has specifying the operators of airplanes France. This information may be been prepared for this action and it is having certain manufacturer’s serial examined at the Federal Aviation contained in the Rules Docket. A copy numbers. Administration (FAA), Transport of it may be obtained from the Rules Airplane Directorate, Rules Docket, The FAA has revised the final rule to Docket at the location provided under 1601 Lind Avenue, SW., Renton, include references to these service the caption ADDRESSES. Washington; or at the Office of the bulletin change notices. List of Subjects in 14 CFR Part 39 Federal Register, 800 North Capitol Conclusion Street, NW., suite 700, Washington, DC. Air transportation, Aircraft, Aviation After careful review of the available safety, Incorporation by reference, FOR FURTHER INFORMATION CONTACT: Tim data, the FAA has determined that air Safety. Backman, Aerospace Engineer, safety and the public interest require the Adoption of the Amendment Standardization Branch, ANM–113, adoption of the rule with the changes FAA, Transport Airplane Directorate, previously described. The FAA has Accordingly, pursuant to the 1601 Lind Avenue, SW., Renton, determined that these changes will authority delegated to me by the Washington 98055–4056; telephone neither increase the economic burden Administrator, the Federal Aviation (425) 227–2797; fax(425) 227–1149. on any operator nor increase the scope Administration amends part 39 of the Federal Aviation Regulations (14 CFR SUPPLEMENTARY INFORMATION: of the AD. A part 39) as follows: proposal to amend part 39 of the Federal Cost Impact Aviation Regulations (14 CFR part 39) to PART 39ÐAIRWORTHINESS The FAA estimates that 3 Airbus include an airworthiness directive (AD) DIRECTIVES that is applicable to certain Airbus Model A300–600 and A310 series airplanes of U.S. registry will be affected Model A310 and A300–600 series 1. The authority citation for part 39 by this AD, that it will take airplanes was published in the Federal continues to read as follows: approximately 3 work hours per Register on February 18, 1997 (62 FR Authority: 49 U.S.C. 106(g), 40113, 44701. airplane to accomplish the required one- 7184). That action proposed to require time inspection, and that the average §39.13 [Amended] repetitive flow checks of the hydraulic labor rate is $60 per work hour. It will 2. Section 39.13 is amended by pump drain system to ensure that the take approximately 10 work hours per adding the following new airworthiness system is not clogged, and correction of airplane to accomplish the required directive: any discrepancy. Additionally, the terminating modification, at an average action proposed to require replacement 97–21–04 Airbus: Amendment 39–10157. labor rate of $60 per work hour. Docket 96-NM–64-AD. of the existing seal of the accessory Required parts will cost approximately gearbox with a new, improved seal Applicability: Model A300B4–620, –622, $1,500 per airplane. Based on these –622R, and A300C4–620; and Model assembly. This replacement, when figures, the cost impact of the AD on A310–221, –222, –322, –324, and –325 accomplished, would provide U.S. operators is estimated to be $6,840, series airplanes; equipped with Pratt & terminating action for the repetitive or $2,280 per airplane. Whitney turbofan engines; on which flow checks. The cost impact figure discussed Airbus Modification 10399 or 10400 has Interested persons have been afforded not been accomplished; certificated in above is based on assumptions that no any category. an opportunity to participate in the operator has yet accomplished any of Note 1: This AD applies to each airplane making of this amendment. No the requirements of this AD action, and identified in the preceding applicability comments were submitted in response that no operator would accomplish provision, regardless of whether it has been to the proposal or the FAA’s those actions in the future if this AD otherwise modified, altered, or repaired in determination of the cost to the public. were not adopted. the area subject to the requirements of this Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations 54371
AD. For airplanes that have been modified, acceptable for compliance with the new, improved seal assembly accomplished altered, or repaired so that the performance applicable action specified in this AD. prior to the effective date of this AD, in of the requirements of this AD is affected, the (2) For Model A300–600 series airplanes: accordance with the original issuance or owner/operator must request approval for an Perform the flow checks and correct Revision 1 of Airbus Service Bulletin A310– alternative method of compliance in discrepancies in accordance with Airbus 72–2019, or with the original issuance or accordance with paragraph (c) of this AD. Service Bulletin A300–72–6018, Revision 1, Revision 1 of Airbus Service A310–72–2018, The request should include an assessment of dated December 22, 1993, as revised by is considered acceptable for compliance with the effect of the modification, alteration, or Service Bulletin Change Notice No. O.A., the applicable action specified in this AD. repair on the unsafe condition addressed by dated June 17, 1993 (for airplanes on which this AD; and, if the unsafe condition has not (2) Model A300–600 series airplanes: Pratt & Whitney JT9D–7R4H1 engines are Accomplish the replacement in accordance been eliminated, the request should include installed); or Airbus Service Bulletin A300– with Airbus Service Bulletin A300–72–6014, specific proposed actions to address it. 72–6019, Revision 1, dated December 22, dated March 15, 1993 (for airplanes on which Compliance: Required as indicated, unless 1993, as revised by Service Bulletin Change Pratt & Whitney PW JT9D–7R4H1 engines are accomplished previously. Notice No. O.A., dated June 17, 1993 (for To prevent clogging of the hydraulic pump airplanes on which Pratt & Whitney PW4158 installed); or Airbus Service Bulletin A300– drain system, which could cause failure of engines are installed); as applicable. 72–6015, dated March 15, 1993 (for airplanes the seal of the hydraulic pump shaft and on which Pratt & Whitney PW4158 engines Note 3: Flow checks accomplished prior to subsequent contamination of the engine are installed); as applicable. the effective date of this AD in accordance accessory gearbox oil, and could result in an (c) An alternative method of compliance or with the original issuance of Airbus Service in-flight engine shutdown, accomplish the adjustment of the compliance time that following: Bulletin A300–72–6018 or Airbus Service Bulletin A300–72–6019 are considered provides an acceptable level of safety may be (a) Within 30 days after the effective date used if approved by the Manager, of this AD, perform a flow check of the acceptable for compliance with the applicable action specified in this AD. Standardization Branch, ANM–113, FAA, hydraulic pump drain system to ensure that Transport Airplane Directorate. Operators (b) Within 12 months after the effective it is not clogged and, prior to further flight, shall submit their requests through an correct any discrepancies, in accordance with date of this AD, replace (on both engines) the appropriate FAA Principal Maintenance either paragraph (a)(1) or (a)(2) of this AD, as existing seal of the green hydraulic system Inspector, who may add comments and then applicable. Repeat the flow check, thereafter, gearbox with a new, improved seal assembly send it to the Manager, Standardization at intervals not to exceed 500 flight hours in accordance with either paragraph (b)(1) or until the modification required by paragraph (b)( 2) of this AD, as applicable. Branch, ANM–113. (b) of this AD is accomplished. Accomplishment of this replacement Note 5: Information concerning the (1) For Model A310 series airplanes: terminates the repetitive flow check existence of approved alternative methods of Perform the flow checks and correct requirements for this AD. compliance with this AD, if any, may be discrepancies in accordance with Airbus (1) For Model A310 series airplanes: obtained from the Standardization Branch, Service Bulletin A310–72–2022, dated Accomplish the replacement in accordance ANM–113. February 16, 1993 (for airplanes on which with Airbus Service Bulletin A310–72–2018, (d) Special flight permits may be issued in Pratt & Whitney JT9D–7R4D1 and –7R4E1 Revision 2, dated December 22, 1993 (for accordance with sections 21.197 and 21.199 engines are installed); or Airbus Service airplanes on which Pratt & Whitney PW of the Federal Aviation Regulations (14 CFR Bulletin A310–72–2023, Revision 1, dated JT9D–7R4D1 and -7R4E1 engines are 21.197 and 21.199) to operate the airplane to December 22, 1993 (for airplanes on which installed); or Airbus Service Bulletin A310– a location where the requirements of this AD Pratt & Whitney PW4152 and PW4156A 72–2019, Revision 2, dated December 22, can be accomplished. engines are installed); as applicable. 1993 (for airplanes on which Pratt & Whitney Note 2: Flow checks accomplished prior to PW4152 and PW4156A engines are (e) The actions shall be done in the effective date of this AD in accordance installed); as applicable. accordance with the following Airbus with the original issuance of Airbus Service Note 4: Replacement of the existing seal on service bulletins, as applicable, which Bulletin A310–72–2023 are considered the green hydraulic system gearbox with a include the specified effective pages:
Revision level Service bulletin No. Page No. shown on Date shown on page page
A310±72±2022, February 16, 1993 ...... 1±7 ...... Original .... February 16, 1993. A310±72±2023, Revision 1, December 22, 1993 ...... 1, 2, 4±6 .. 1 ...... December 22, 1993 3, 7 ...... Original .... February 16, 1993. A300±72±6018, Revision 1, December 22, 1993 ...... 1, 2, 4 ...... 1 ...... December 22, 1993. 3, 5±7 ...... Original .... February 16, 1993. A300±72±6018, Service Bulletin Change Notice No. O.A., June 17, 1993 ...... 1 ...... Original .... June 17, 1993. A300±72±6019, Revision 1, December 22, 1993 ...... 1±6 ...... 1 ...... December 22, 1993. 7 ...... Original .... February 16, 1993. A300±72±6019, Service Bulletin Change Notice No. O.A., June 17, 1993 ...... 1±2 ...... Original .... June 17, 1993. A310±72±2018, Revision 2, December 22, 1993 ...... 1±3, 5±7 .. 2 ...... December 22, 1993. 4, 9 ...... Original .... March 15, 1993. 8 ...... 1 ...... August 6, 1993. A310±72±2019, Revision 2, December 22, 1993 ...... 1±3, 5±7 .. 2 ...... December 22, 1993. 4, 9 ...... Original .... March 15, 1993. 8 ...... 1 ...... August 6, 1993. A300±72±6014, March 15, 1993 ...... 1±7 ...... Original .... March 15, 1993. A300±72±6015, March 15, 1993 ...... 1±9 ...... Original .... March 15, 1993.
This incorporation by reference was Bellonte, 31707 Blagnac Cedex, France. Capitol Street, NW., suite 700, Washington, approved by the Director of the Federal Copies may be inspected at the FAA, DC. Register in accordance with 5 U.S.C. 552(a) Transport Airplane Directorate, 1601 Lind (f) This amendment becomes effective on and 1 CFR part 51. Copies may be obtained Avenue, SW., Renton, Washington; or at the November 24, 1997. from Airbus Industrie, 1 Rond Point Maurice Office of the Federal Register, 800 North 54372 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations
Issued in Renton, Washington, on October Washington 98055–4056; telephone For the reasons discussed above, I 8, 1997. (425) 227–2799; fax (425) 227–1149. certify that this action (1) is not a James V. Devany, SUPPLEMENTARY INFORMATION: A ‘‘significant regulatory action’’ under Acting Manager, Transport Airplane proposal to amend part 39 of the Federal Executive Order 12866; (2) is not a Directorate, Aircraft Certification Service. Aviation Regulations (14 CFR part 39) to ‘‘significant rule’’ under DOT [FR Doc. 97–27221 Filed 10–17–97; 8:45 am] include an airworthiness directive (AD) Regulatory Policies and Procedures (44 BILLING CODE 4910±13±U that is applicable to certain CASA FR 11034, February 26, 1979); and (3) Model CN–235 series airplanes was will not have a significant economic published in the Federal Register on impact, positive or negative, on a DEPARTMENT OF TRANSPORTATION March 3, 1997 (62 FR 9388). That action substantial number of small entities under the criteria of the Regulatory Federal Aviation Administration proposed to require a one-time inspection to detect fatigue cracking in Flexibility Act. A final evaluation has been prepared for this action and it is 14 CFR Part 39 the area where the center wing-to- fuselage attachment fitting is located, contained in the rules docket. A copy of [Docket No. 96±NM±126±AD; Amendment and repair, if necessary. In addition, that it may be obtained from the rules docket 39±10165; AD 97±21±12] action proposed the installation of a at the location provided under the RIN 2120±AA64 reinforcing plate in the attachment area caption ADDRESSES. of the center wing-to-fuselage List of Subjects in 14 CFR Part 39 Airworthiness Directives; attachment fitting, after inspection and Construcciones Aeronauticas, S. A. any necessary repairs have been Air transportation, Aircraft, Aviation (CASA) Model CN±235 Series accomplished. safety, Incorporation by reference, Safety. Airplanes Interested persons have been afforded an opportunity to participate in the AGENCY: Federal Aviation Adoption of the Amendment Administration, DOT. making of this amendment. No Accordingly, pursuant to the comments were submitted in response ACTION: Final rule. authority delegated to me by the to the proposal or the FAA’s Administrator, the Federal Aviation SUMMARY: This amendment adopts a determination of the cost to the public. Administration amends part 39 of the new airworthiness directive (AD), Conclusion Federal Aviation Regulations (14 CFR applicable to certain CASA Model CN– part 39) as follows: 235 series airplanes, that requires a one- The FAA has determined that air time inspection to detect fatigue safety and the public interest require the PART 39ÐAIRWORTHINESS cracking in the area of the center wing- adoption of the rule as proposed. DIRECTIVES to-fuselage attachment fitting, and Cost Impact 1. The authority citation for part 39 repair, if necessary. This amendment The FAA estimates that 2 CASA continues to read as follows: also would require installation of a Model CN–235 series airplanes of U.S. reinforcing plate in the attachment area Authority: 49 U.S.C. 106(g), 40113, 44701. registry will be affected by this AD. of that fitting. This amendment is prompted by a report from the It will take approximately 25 work §39.13 [Amended] manufacturer indicating that, during hours per airplane to accomplish the 2. Section 39.13 is amended by full-scale fatigue testing, fatigue cracks required actions, at an average labor rate adding the following new airworthiness were detected in this area. The actions of $60 per work hour. Required parts directive: will cost approximately $645 per specified by this AD are intended to 97–21–12 Construcciones Aeronauticas, S.A. prevent fatigue cracking, which airplane. Based on these figures, the cost CASA: Amendment 39–10165.Docket consequently could reduce the impact of the AD on U.S. operators is 96–NM–126–AD. structural integrity of this area. estimated to be $4,290, or $2,145 per Applicability: Model CN–235 series airplane. airplanes, as listed in CASA Service Bulletin DATES: Effective November 24, 1997. The cost impact figure discussed SB–235–53–20, Revision 2, dated June 9, The incorporation by reference of above is based on assumptions that no 1994 (for non-military airplanes); and Service certain publications listed in the operator has yet accomplished any of Bulletin SB–235–53–20M, Revision 1, dated regulations is approved by the Director the requirements of this AD action, and November 27, 1995 (for military airplanes); of the Federal Register as of November that no operator would accomplish certificated in any category. 24, 1997. those actions in the future if this AD Note 1: This AD applies to each airplane ADDRESSES: The service information were not adopted. identified in the preceding applicability referenced in this AD may be obtained provision, regardless of whether it has been from Construcciones Aeronauticas, S.A., Regulatory Impact otherwise modified, altered, or repaired in the area subject to the requirements of this Getafe, Madrid, Spain. This information The regulations adopted herein will AD. For airplanes that have been modified, may be examined at the Federal not have substantial direct effects on the altered, or repaired so that the performance Aviation Administration (FAA), States, on the relationship between the of the requirements of this AD is affected, the Transport Airplane Directorate, Rules national government and the States, or owner/operator must request approval for an Docket, 1601 Lind Avenue, SW., on the distribution of power and alternative method of compliance in Renton, Washington; or at the Office of responsibilities among the various accordance with paragraph (c) of this AD. the Federal Register, 800 North Capitol levels of government. The request should include an assessment of Street, NW., suite 700, Washington, DC. the effect of the modification, alteration, or Therefore, in accordance with repair on the unsafe condition addressed by FOR FURTHER INFORMATION CONTACT: Greg Executive Order 12612, it is determined this AD; and, if the unsafe condition has not Dunn, Aerospace Engineer, that this final rule does not have been eliminated, the request should include Standardization Branch, ANM–113, sufficient federalism implications to specific proposed actions to address it. FAA, Transport Airplane Directorate, warrant the preparation of a Federalism Compliance: Required as indicated, unless 1601 Lind Avenue, SW., Renton, Assessment. accomplished previously. Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations 54373
To prevent fatigue cracking in the area of (d) Special flight permits may be issued in replacement with serviceable parts. This the center wing-to-fuselage attachment accordance with sections 21.197 and 21.199 amendment is prompted by reports of fitting, which consequently could reduce the of the Federal Aviation Regulations (14 CFR certain cooling plates forged with structural integrity of this area, accomplish 21.197 and 21.199) to operate the airplane to contaminated alloy that could reduce the following: a location where the requirements of this AD (a) For non-military airplanes: Prior to the can be accomplished. the lives of the parts. The actions accumulation of 17,000 total landings, (e) Certain actions shall be done in specified by this AD are intended to accomplish the actions specified in accordance with CASA Service Bulletin SB– prevent cooling plate fracture, which paragraphs (a)(1), (a)(2), and (a)(3) of this AD: 235–53–20M, Revision 1, dated November could result in a contained engine (1) Remove all parts and other items in the 27, 1995 (for military airplanes); and CASA failure, and an inflight engine area of the center wing-to-fuselage Service Bulletin SB–235–53–20, Revision 2, shutdown. attachment fitting, in accordance with dated June 9, 1994 (for non-military DATES: Effective December 19, 1997. Paragraph 2.B. (‘‘Removal’’) of the airplanes), which contains the following list Accomplishment Instructions of CASA of effective pages: The incorporation by reference of Service Bulletin SB–235–53–20, Revision 2, certain publications listed in the dated June 9, 1994. Revision regulations is approved by the Director (2) After all parts and other items have Date shown on Page No. level shown page of the Federal Register as of December been removed in accordance with paragraph on page 19, 1997. (a)(1) of this AD, conduct a visual inspection, using a magnifier of at least 10x magnitude, 1 ...... 1 ...... April 13, 1994. ADDRESSES: The service information to detect fatigue cracking in this area (ref: 2 ...... 2 ...... June 9, 1994. referenced in this AD may be obtained Figure 1, Sheet 1, of the service bulletin). If 3±11 ...... Original ...... July 29, 1993. from General Electric Company (GE), any cracking is detected, prior to further 1000 Western Ave., Lynn, MA 01909; flight and prior to installing the reinforcing This incorporation by reference was telephone (781) 594–9894, fax (781) plate in accordance with paragraph (a)(3) of approved by the Director of the Federal 594–1527. This information may be this AD, repair in a manner approved by the Register in accordance with 5 U.S.C. 552(a) examined at the Federal Aviation Manager, Standardization Branch, ANM–113, and 1 CFR part 51. Copies may be obtained FAA, Transport Airplane Directorate. Administration (FAA), New England from Construcciones Aeronauticas, S.A., Region, Office of the Assistant Chief (3) Install a reinforcing plate having CASA Getafe, Madrid, Spain. Copies may be part number (P/N) 35–25010–0101 in the inspected at the FAA, Transport Airplane Counsel, 12 New England Executive attachment area of the center wing-to- Directorate, 1601 Lind Avenue, SW., Renton, Park, Burlington, MA; or at the Office of fuselage attachment fitting, in accordance Washington; or at the Office of the Federal the Federal Register, 800 North Capitol with the service bulletin. Register, 800 North Capitol Street, NW., suite Street, NW., suite 700, Washington, DC. (b) For military airplanes: Prior to the 700, Washington, DC. accumulation of 15,000 total landings, FOR FURTHER INFORMATION CONTACT: Note 3: The subject of this AD is addressed accomplish the actions specified in Diane Cook, Aerospace Engineer, Engine in Spanish airworthiness directive 03/94, paragraphs (b)(1), (b)(2), and (b)(3) of this AD: Certification Office, FAA, Engine and dated August 1994. (1) Remove all parts and other items in the Propeller Directorate, 12 New England area of the center wing-to-fuselage (f) This amendment becomes effective on Executive Park, Burlington, MA 01803– attachment fitting, in accordance with November 24, 1997. 5299; telephone (781) 238–7133, fax Paragraph 2.B. (‘‘Removal’’) of the Issued in Renton, Washington, on October (781) 238–7199. Accomplishment Instructions of CASA 9, 1997. SUPPLEMENTARY INFORMATION: A Service Bulletin SB–235–53–20M, Revision James V. Devany, 1, dated November 27, 1995. proposal to amend part 39 of the Federal Acting Manager, Transport Airplane Aviation Regulations (14 CFR part 39) to (2) After all parts and other items have Directorate, Aircraft Certification Service. been removed in accordance with paragraph include an airworthiness directive (AD) (b)(1) of this AD, conduct a visual inspection, [FR Doc. 97–27354 Filed 10–17–97; 8:45 am] that is applicable to General Electric using a magnifier of at least 10x magnitude, BILLING CODE 4910±13±U Company (GE) Models CT58–110–1, to detect fatigue cracking in this area (ref: –110–2, –140–1, –140–2, and T58–GE– Figure 1, Sheet 1, of the service bulletin). If 3/–5/–8F/–10/–100 turboshaft engines any cracking is detected, prior to further DEPARTMENT OF TRANSPORTATION flight and prior to installing the reinforcing was published in the Federal Register plate in accordance with paragraph (b)(3) of Federal Aviation Administration on June 9, 1997 (62 FR 31370). That this AD, repair in a manner approved by the action proposed to require removal from Manager, Standardization Branch, ANM–113, 14 CFR Part 39 service of certain stage 1 and 2 forward FAA. cooling plates, and stage 2 aft cooling (3) Install a reinforcing plate having CASA [Docket No. 97±ANE±18±AD; Amendment 39±10161; AD 97±21±08] plates, and replacement with part number (P/N) 35–25010–0101 in the serviceable parts. attachment area of the center wing-to- RIN 2120±AA64 Interested persons have been afforded fuselage attachment fitting, in accordance an opportunity to participate in the with the service bulletin. Airworthiness Directives; General making of this amendment. No (c) An alternative method of compliance or Electric Company CT58 Series comments were received on the adjustment of the compliance time that Turboshaft Engines provides an acceptable level of safety may be proposal or the FAA’s determination of used if approved by the Manager, AGENCY: Federal Aviation the cost to the public. Standardization Branch, ANM–113. Administration, DOT. Since publication of the proposed Operators shall submit their requests through ACTION: Final rule. rule, GE Aircraft Engines has issued GE an appropriate FAA Principal Maintenance Aircraft Engines CT58 Service Bulletin Inspector, who may add comments and then SUMMARY: This amendment adopts a (SB) No. 72–188 (CEB–293), Revision 1, send it to the Manager, Standardization Branch, ANM–113. new airworthiness directive (AD), dated July 15, 1997. This final rule applicable to General Electric Company references this current revision. Note 2: Information concerning the existence of approved alternative methods of CT58 series turboshaft engines, that The FAA has determined that air compliance with this AD, if any, may be requires removal from service of certain safety and the public interest require the obtained from the Standardization Branch, stage 1 and 2 forward cooling plates, adoption of the rule with the changes ANM–113. and stage 2 aft cooling plates, and described previously. 54374 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations
There are approximately 400 engines List of Subjects in 14 CFR Part 39 request should include specific proposed actions to address it. of the affected design in the worldwide Air Transportation, Aircraft, Aviation fleet. The FAA estimates that 126 safety, Incorporation by reference, Compliance: Required as indicated, unless engines installed on aircraft of U.S. Safety. accomplished previously. registry will be affected by this AD, that To prevent cooling plate fracture, which it will not take any additional work Adoption of the Amendment could result in a contained engine failure and an inflight engine shutdown, accomplish the hours per engine to accomplish the Accordingly, pursuant to the required actions at next part exposure. following: authority delegated to me by the (a) Remove from service affected cooling Required parts will cost approximately Administrator, the Federal Aviation $2,730 per engine. Based on these plates, listed by serial number in GE Aircraft Administration amends part 39 of the Engines CT58 Service Bulletin (SB) No. 72– figures, the total cost impact of the AD Federal Aviation Regulations (14 CFR 188 (CEB–293), Revision 1, dated July 15, on U.S. operators is estimated to be part 39) as follows: 1997, and replace with serviceable parts, at $343,980. The manufacturer, however, the next part exposure, or next light has advised the FAA of a program to PART 39ÐAIRWORTHINESS overhaul, whichever occurs first, but not to prorate the cost of required parts DIRECTIVES exceed 1,000 hours time in service (TIS) for downward by a factor equal to the engines installed on aircraft that have quotient of the difference between the 1. The authority citation for part 39 engaged in Repetitive Heavy Lift (RHL) original life limit of 4,000 hours time in continues to read as follows: operations, or 2,000 hours TIS for engines service and the total cycles of life Authority: 49 U.S.C. 106(g), 40113, 44701. installed on aircraft that have never engaged consumed at time of removal, divided in RHL operations, in accordance with that by the original life limit. Therefore, the §39.13 [Amended] SB. actual cost to operators may be less than 2. Section 39.13 is amended by (b) For the purpose of this AD, the the FAA’s estimate. adding the following new airworthiness following definitions apply: The regulations adopted herein will directive: (1) RHL operation is defined as performing not have substantial direct effects on the more than 10 lift-carry-drop cycles per hour 97–21–08 General Electric Company: TIS without landing, or more than 10 takeoffs States, on the relationship between the Amendment 39–10161. Docket 97–ANE– and landings per hour TIS. national government and the States, or 18–AD. (2) Light overhaul is defined as scheduled on the distribution of power and Applicability: General Electric Company engine maintenance that allows the engine to responsibilities among the various (GE) Models CT58–110–1, –110–2, –140–1, continue in service until scheduled major levels of government. Therefore, in and –140–2, and T58–GE–3/–5/–8F/–10/–100 overhaul time is reached. accordance with Executive Order 12612, series turboshaft engines, with stage 1 (c) An alternative method of compliance or it is determined that this final rule does forward cooling plate, Part Number (P/N) adjustment of the compliance time that not have sufficient federalism 37C300055P101, stage 2 forward cooling provides an acceptable level of safety may be implications to warrant the preparation plate, P/N 3000T88P02, and stage 2 aft used if approved by the Manager, Engine cooling plate, P/N 3002T27P01, installed. Certification Office. The request shall be of a Federalism Assessment. These engines are installed on but not For the reasons discussed above, I forwarded through an appropriate FAA limited to Boeing Vertol 107 series, and Principal Maintenance Inspector, who may certify that this action (1) is not a Sikorsky S61 and S62 series aircraft. ‘‘significant regulatory action’’ under add comments and then send it to the Note 1: This airworthiness directive (AD) Manager, Engine Certification Office. Executive Order 12866; (2) is not a applies to each engine identified in the Note 2: Information concerning the ‘‘significant rule’’ under DOT preceding applicability provision, regardless existence of approved alternative methods of Regulatory Policies and Procedures (44 of whether it has been modified, altered, or compliance with this airworthiness directive, FR 11034, February 26, 1979); and (3) repaired in the area subject to the if any, may be obtained from the Engine will not have a significant economic requirements of this AD. For engines that Certification Office. impact, positive or negative, on a have been modified, altered, or repaired so substantial number of small entities that the performance of the requirements of (d) Special flight permits may be issued in accordance with sections 21.197 and 21.199 under the criteria of the Regulatory this AD is affected, the owner/operator must of the Federal Aviation Regulations (14 CFR Flexibility Act. A final evaluation has request approval for an alternative method of compliance in accordance with paragraph (c) 21.197 and 21.199) to operate the aircraft to been prepared for this action and it is of this AD. The request should include an a location where the requirements of this AD contained in the rules docket. A copy of assessment of the effect of the modification, can be accomplished. it may be obtained from the rules docket alteration, or repair on the unsafe condition (e) The actions required by this AD shall at the location provided under the addressed by this AD; and, if the unsafe be done in accordance with the following GE caption ADDRESSES. condition has not been eliminated, the Aircraft Engines SB:
Document No Pages Revision Date
72±188 (CEB±293) ...... 1±7 1 July 15, 1997 Total Pages: 7.
This incorporation by reference was 800 North Capitol Street NW., suite 700, Issued in Burlington, Massachusetts, on approved by the Director of the Federal Washington, DC. October 8, 1997. Register in accordance with 5 U.S.C. 552(a) (f) This amendment becomes effective on Jay J. Pardee, and 1 CFR part 51. Copies may be obtained December 19, 1997. from General Electric Company (GE), 1000 Manager, Engine and Propeller Directorate, Western Ave., Lynn, MA 01909; telephone Aircraft Certification Service. (781) 594–9894, fax (781) 594–1527. Copies [FR Doc. 97–27351 Filed 10–17–97; 8:45 am] may be inspected at the FAA, New England BILLING CODE 4910±13±U Region, Office of the Assistant Chief Counsel, 12 New England Executive Park, Burlington, MA; or at the Office of the Federal Register, Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations 54375
DEPARTMENT OF TRANSPORTATION that is applicable to all British Explanation of Changes Made to the Aerospace Model Avro 146–RJ series Proposal Federal Aviation Administration airplanes was published in the Federal For clarification purposes, the FAA Register on February 28, 1997 (62 FR 14 CFR Part 39 has revised the description of the unsafe 9111). That action proposed to require condition that appeared throughout the [Docket No. 97±NM±05±AD; Amendment modifying the electrical system in the NPRM to read, ‘‘* * * possible 39±10168; AD 97±21±15] equipment bay area by replacing certain overheating of the electrical generator RIN 2120±AA64 cables, clamps, and fairleads with new feeder cables and consequent damage, components. which could lead to a possible fire or Airworthiness Directives; British the loss of essential electrical systems.’’ Consideration of Comment Received Aerospace Model Avro 146±RJ Series The FAA also has revised the final Airplanes Interested persons have been afforded rule to reflect the corporate name an opportunity to participate in the change of British Aerospace Regional AGENCY: Federal Aviation Aircraft Limited, Avro International Administration, DOT. making of this amendment. Due consideration has been given to the one Aerospace Division to British Aerospace ACTION: Final rule. comment received. Regional Aircraft. In addition, the address for obtaining service SUMMARY: This amendment adopts a Request to Revise the Summary Section information has been revised to AI(R) new airworthiness directive (AD), of the Preamble of the Proposed AD American Support, Inc., 13850 Mclearen applicable to all British Aerospace Road, Herndon, Virginia 20171. Model Avro 146–RJ series airplanes, The commenter requests that the Furthermore, the FAA has revised the that requires a modification of the description of what prompted the area code from (206) to (425) of the electrical system in the equipment bay NPRM that appeared in the Summary telephone numbers in the For Further area by replacing certain cables, clamps, section of the preamble to the NPRM be Information Contact section of the final and fairleads with new components. revised to read, ‘‘* * * the generator rule. This amendment is prompted by a feeder circuit to certain busbars from the Conclusion report indicating that the incorrect size generator contactors. As a result, the of electrical cables were used in the cables are not compatible * * *.’’ The After careful review of the available generator feeder circuit to certain commenter suggests that this statement data, including the comment noted busbars from the generator contactors. is more accurate. The FAA above, the FAA has determined that air As a result, the electrical cables are not acknowledges that the commenter’s safety and the public interest require the compatible with generator rating wording is more accurate and has adoption of the rule with the changes requirements and can overheat. The revised the final rule to reflect the previously described. The FAA has actions specified by this AD are suggested changes. In addition, the FAA determined that these changes will intended to prevent possible has included the word ‘‘electrical’’ to neither increase the economic burden overheating of electrical generator identify which type of cables are not on any operator nor increase the scope feeder cables and consequent damage, compatible. of the AD. which could lead to possible fire or the Cost Impact loss of essential electrical systems. Request to Revise Other Sections of the DATES: Effective November 24, 1997. Preamble of the Proposed AD The FAA estimates that 10 British The incorporation by reference of Aerospace Model Avro 146–RJ series certain publications, as listed in the The commenter also requests that the airplanes of U.S. registry will be affected regulations, is approved by the Director description of what the CAA advises by this AD. Modification of the of the Federal Register as of November that appeared in the Discussion section electrical system will take 4, 1997. of the preamble to the NPRM be revised approximately 4 work hours per to read, ‘‘* * * generator feeder circuit airplane to accomplish, at an average ADDRESSES: The service information to busbars AC1 and AC2.’’ referenced in this AD may be obtained labor rate of $60 per work hour. from AI(R) American Support, Inc., In addition, the commenter requests Required parts will cost approximately 13850 Mclearen Road, Herndon, that a description of the procedures $300 per airplane. Based on these Virginia 20171. This information may be referenced in the service bulletin that figures, the cost impact of the AD on examined at the Federal Aviation appeared in the Explanation of Relevant U.S. operators is estimated to be $5,400, Administration (FAA), Transport Service Information section of the or $540 per airplane. The cost impact figures discussed Airplane Directorate, Rules Docket, preamble to the NPRM be revised to above are based on assumptions that no 1601 Lind Avenue, SW., Renton, read ‘‘* * * existing 6ANC generator operator has yet accomplished any of Washington; or at the Office of the feeder cables installed to the AC1 and the requirements of this AD action, and Federal Register, 800 North Capitol AC2 busbars from the generator that no operator would accomplish Street, NW., suite 700, Washington, DC. contactors * * *.’’ those actions in the future if this AD FOR FURTHER INFORMATION CONTACT: Tim The commenter states that these were not adopted. H. Backman, Aerospace Engineer, statements will improve the technical Standardization Branch, ANM–113, accuracy of the proposal. The FAA Regulatory Impact FAA, Transport Airplane Directorate, recognizes that the suggested changes to The regulations adopted herein will 1601 Lind Avenue, SW., Renton, these sections provide improved not have substantial direct effects on the Washington 98055–4056; telephone technical accuracy. However, since States, on the relationship between the (425) 227–2797; fax (425) 227–1149. neither the Discussion nor the national government and the States, or SUPPLEMENTARY INFORMATION: A Explanation of Relevant Service on the distribution of power and proposal to amend part 39 of the Federal Information sections of the preamble to responsibilities among the various Aviation Regulations (14 CFR part 39) to the NPRM are restated in the final rule, levels of government. Therefore, in include an airworthiness directive (AD) no change to the final rule is necessary. accordance with Executive Order 12612, 54376 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations it is determined that this final rule does been eliminated, the request should include Issued in Renton, Washington, on October not have sufficient federalism specific proposed actions to address it. 10, 1997. implications to warrant the preparation Compliance: Required as indicated, unless James V. Devany, of a Federalism Assessment. accomplished previously. Acting Manager, Transport Airplane For the reasons discussed above, I To prevent possible overheating of the Directorate, Aircraft Certification Service. certify that this action (1) is not a electrical generator feeder cables and [FR Doc. 97–27576 Filed 10–17–97; 8:45 am] consequent damage, which could lead to ‘‘significant regulatory action’’ under BILLING CODE 4910±13±U possible fire or loss of essential electrical Executive Order 12866; (2) is not a systems, accomplish the following: ‘‘significant rule’’ under DOT (a) Prior to the accumulation of 500 flight Regulatory Policies and Procedures (44 cycles after the effective date of this AD, DEPARTMENT OF TRANSPORTATION FR 11034, February 26, 1979); and (3) modify the electrical system in the electrical Federal Aviation Administration will not have a significant economic equipment bay in accordance with British impact, positive or negative, on a Aerospace Service Bulletin SB.24–113– 14 CFR Part 39 substantial number of small entities 01532A, dated March 12, 1996, or British under the criteria of the Regulatory Aerospace Service Bulletin SB.24–113– [Docket No. 96±NM±120±AD; Amendment Flexibility Act. A final evaluation has 01532A, Revision 1, dated June 18, 1996. 39±10167; AD 97±21±14] been prepared for this action and it is (b) An alternative method of compliance or RIN 2120±AA64 contained in the rules docket. A copy of adjustment of the compliance time that it may be obtained from the rules docket provides an acceptable level of safety may be Airworthiness Directives; at the location provided under the used if approved by the Manager, Construcciones Aeronauticas, S.A. Standardization Branch, ANM–113, FAA, caption ADDRESSES. (CASA) Model C±212 Series Airplanes Transport Airplane Directorate. Operators List of Subjects in 14 CFR Part 39 shall submit their requests to through an AGENCY: Federal Aviation appropriate FAA Principal Maintenance Air transportation, Aircraft, Aviation Administration, DOT. Inspector, who may add comments and then ACTION: Final rule. safety, Incorporation by reference, send it to the Manager, Standardization Safety. Branch, ANM–113. SUMMARY: This amendment adopts a Adoption of the Amendment Note 2: Information concerning the new airworthiness directive (AD), existence of approved alternative methods of Accordingly, pursuant to the applicable to all CASA Model C–212 compliance with this AD, if any, may be series airplanes, that requires an initial authority delegated to me by the obtained from the Standardization Branch, Administrator, the Federal Aviation inspection of the restrictor pistons on ANM–113. the shock absorbers of the left and right Administration amends part 39 of the (c) Special flight permits may be issued in main landing gear (MLG) to determine Federal Aviation Regulations (14 CFR accordance with sections 21.197 and 21.199 the number and condition of threaded part 39) as follows: of the Federal Aviation Regulations (14 CFR screw pins that are installed; 21.197 and 21.199) to operate the airplane to replacement of any discrepant pin; and PART 39ÐAIRWORTHINESS a location where the requirements of this AD DIRECTIVES repetitive inspections of certain pistons. can be accomplished. Modification of certain pistons by the 1. The authority citation for part 39 (d) The modification shall be done in installation of two additional pins continues to read as follows: accordance with British Aerospace Service Bulletin SB.24–113–01532A, dated March 12, terminates these inspections. This Authority: 49 U.S.C. 106(g), 40113, 44701. 1996; or British Aerospace Service Bulletin amendment is prompted by reports SB.24–113–01532A, Revision 1, dated June indicating that the threaded screw pin § 39.13 [Amended] 18, 1996, which contains the following list of that holds the restrictor piston on the 2. Section 39.13 is amended by effective pages: slide tube of the shock absorber has adding the following new airworthiness been found to have loosened on some directive: Revision level Date shown airplanes. The actions specified by this 97–21–15 British Aerospace Regional Page No. shown on AD are intended to prevent the loss of page on page Aircraft (Formerly British Aerospace hydraulic damping in the MLG, due to Regional Aircraft Limited, Avro 1, 2 ...... 1 ...... June 18, failure of the screw pins that hold the International Aerospace Division; British 1996. restrictor pistons on the slide tubes of Aerospace, PLC; British Aerospace 3±15 ...... Original ...... March 12, the shock absorbers, and consequent Commercial Aircraft Limited): 1996. structural damage to the airplane. Amendment 39–10168. Docket 97–NM– 05–AD. DATES: Effective November 24, 1997. This incorporation by reference was The incorporation by reference of Applicability: All Model Avro 146–RJ approved by the Director of the Federal series airplanes, certificated in any category. certain publications listed in the Register in accordance with 5 U.S.C. 552(a) regulations is approved by the Director Note 1: This AD applies to each airplane and 1 CFR part 51. Copies may be obtained identified in the preceding applicability of the Federal Register as of November from AI(R) American Support, Inc., 13850 24, 1997. provision, regardless of whether it has been Mclearen Road, Herndon, Virginia 20171. otherwise modified, altered, or repaired in Copies may be inspected at the FAA, ADDRESSES: The service information the area subject to the requirements of this Transport Airplane Directorate, 1601 Lind referenced in this AD may be obtained AD. For airplanes that have been modified, Avenue, SW., Renton, Washington; or at the from Construcciones Aeronauticas, S.A., altered, or repaired so that the performance Office of the Federal Register, 800 North Getafe, Madrid, Spain. This information of the requirements of this AD is affected, the Capitol Street, NW., suite 700, Washington, may be examined at the Federal owner/operator must request approval for an DC. Aviation Administration (FAA), alternative method of compliance in accordance with paragraph (b) of this AD. Note 3: The subject of this AD is addressed Transport Airplane Directorate, Rules The request should include an assessment of in British airworthiness directive 006–03–96, Docket, 1601 Lind Avenue, SW., the effect of the modification, alteration, or dated March 12, 1996. Renton, Washington; or at the Office of repair on the unsafe condition addressed by (e) This amendment becomes effective on the Federal Register, 800 North Capitol this AD; and, if the unsafe condition has not November 24, 1997. Street, NW., suite 700, Washington, DC. Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations 54377
FOR FURTHER INFORMATION CONTACT: responsibilities among the various Compliance: Required as indicated, unless Gregory Dunn, Aerospace Engineer, levels of government. Therefore, in accomplished previously. Standardization Branch, ANM–113, accordance with Executive Order 12612, To prevent the loss of hydraulic damping FAA, Transport Airplane Directorate, it is determined that this final rule does in the main landing gear, due to failure of the screw pins that hold the restrictor pistons on 1601 Lind Avenue, SW., Renton, not have sufficient federalism the slide tubes of the shock absorbers, and Washington 98055–4056; telephone implications to warrant the preparation consequent structural damage to the airplane, (425) 227–2799; fax (425) 227–1149. of a Federalism Assessment. accomplish the following: SUPPLEMENTARY INFORMATION: A For the reasons discussed above, I (a) Prior to the accumulation of 600 hours proposal to amend part 39 of the Federal certify that this action (1) is not a time-in-service after the effective date of this Aviation Regulations (14 CFR part 39) to ‘‘significant regulatory action’’ under AD, conduct an inspection of each restrictor include an airworthiness directive (AD) Executive Order 12866; (2) is not a piston to detect the number and condition of that is applicable to all CASA Model C– ‘‘significant rule’’ under DOT installed threaded screw pins; in accordance Regulatory Policies and Procedures (44 with CASA Service Bulletin SB–212–32–38, 212 series airplanes was published in dated June 16, 1994. Prior to further flight, the Federal Register on March 7, 1997 FR 11034, February 26, 1979); and (3) replace any loose pin, in accordance with the (62 FR 10488). That action proposed to will not have a significant economic service bulletin and accomplish the require an initial inspection of the impact, positive or negative, on a following, as applicable: restrictor pistons on the shock absorbers substantial number of small entities (1) For any piston on which three threaded of the left and right main landing gear under the criteria of the Regulatory screw pins are installed: No further action is (MLG) to determine the number and Flexibility Act. A final evaluation has required by this AD for this piston. condition of threaded screw pins that been prepared for this action and it is (2) For any piston on which one pin is contained in the rules docket. A copy of installed and two holes are sealed with are installed; replacement of any epoxy: Remove the epoxy, and install two discrepant pin; and repetitive it may be obtained from the rules docket additional threaded screw pins, in inspections of certain pistons. Pistons at the location provided under the accordance with the service bulletin. on which one pin is installed are caption ADDRESSES. Thereafter, no further action is required by required to be modified by drilling two List of Subjects in 14 CFR Part 39 this AD for this piston. new holes and unsealing two previously (3) For any piston on which one pin is drilled holes, and installing two Air transportation, Aircraft, Aviation installed and no other holes exist: additional pins. This modification safety, Incorporation by reference, (i) Repeat the inspection required by Safety. paragraph (a) of this AD at intervals not to terminates these repetitive inspection exceed 600 hours time-in-service until the requirements. Adoption of the Amendment modification required by paragraph (a)(3)(ii) Interested persons have been afforded of this AD is accomplished. an opportunity to participate in the Accordingly, pursuant to the authority delegated to me by the (ii) Prior to the accumulation of 1,800 making of this amendment. No hours time-in-service after the effective date comments were submitted in response Administrator, the Federal Aviation of this AD, or within 3 years after the to the proposal or the FAA’s Administration amends part 39 of the effective date of this AD, whichever occurs determination of the cost to the public. Federal Aviation Regulations (14 CFR later, modify this piston in accordance with part 39) as follows: the service bulletin. Accomplishment of this Conclusion modification constitutes terminating action PART 39ÐAIRWORTHINESS for the repetitive inspection requirements of The FAA has determined that air DIRECTIVES paragraph (a)(3)(i) of this AD. Thereafter, no safety and the public interest require the further action is required by this AD with adoption of the rule as proposed. 1. The authority citation for part 39 regard to that piston. Cost Impact continues to read as follows: (b) An alternative method of compliance or Authority: 49 U.S.C. 106(g), 40113, 44701. adjustment of the compliance time that The FAA estimates that 41 CASA provides an acceptable level of safety may be Model C–212 series airplanes of U.S. §39.13 [Amended] used if approved by the Manager, registry will be affected by this AD. 2. Section 39.13 is amended by Standardization Branch, ANM–113, FAA, It will take approximately 20 work Transport Airplane Directorate. Operators adding the following new airworthiness shall submit their requests through an hours per airplane to accomplish the directive: required actions, at an average labor rate appropriate FAA Principal Maintenance Inspector, who may add comments and then of $60 per work hour. Required parts 97–21–14 Construcciones Aeronauticas, S.A. (CASA): Amendment 39–10167. Docket send it to the Manager, Standardization will cost approximately $11 per 96–NM–120–AD. Branch, ANM–113. airplane. Based on these figures, the cost Applicability: All Model C–212 series Note 2: Information concerning the impact of the AD on U.S. operators is airplanes, certificated in any category. existence of approved alternative methods of estimated to be $49,651, or $1,211 per Note 1: This AD applies to each airplane compliance with this AD, if any, may be airplane. identified in the preceding applicability obtained from the Standardization Branch, The cost impact figure discussed provision, regardless of whether it has been ANM–113. above is based on assumptions that no otherwise modified, altered, or repaired in (c) Special flight permits may be issued in operator has yet accomplished any of the area subject to the requirements of this accordance with sections 21.197 and 21.199 the requirements of this AD action, and AD. For airplanes that have been modified, of the Federal Aviation Regulations (14 CFR that no operator would accomplish altered, or repaired so that the performance 21.197 and 21.199) to operate the airplane to those actions in the future if this AD of the requirements of this AD is affected, the a location where the requirements of this AD were not adopted. owner/operator must request approval for an can be accomplished. alternative method of compliance in (d) The actions shall be done in accordance Regulatory Impact accordance with paragraph (b) of this AD. with CASA Service Bulletin SB–212–32–38, dated June 16, 1994. This incorporation by The regulations adopted herein will The request should include an assessment of the effect of the modification, alteration, or reference was approved by the Director of the not have substantial direct effects on the repair on the unsafe condition addressed by Federal Register in accordance with 5 U.S.C. States, on the relationship between the this AD; and, if the unsafe condition has not 552(a) and 1 CFR part 51. Copies may be national government and the States, or been eliminated, the request should include obtained from Construcciones Aeronauticas, on the distribution of power and specific proposed actions to address it. S.A., Getafe, Madrid, Spain. Copies may be 54378 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations inspected at the FAA, Transport Airplane examined at the Federal Aviation the requirements of this AD action, and Directorate, 1601 Lind Avenue, SW., Renton, Administration (FAA), Transport that no operator would accomplish Washington; or at the Office of the Federal Airplane Directorate, Rules Docket, those actions in the future if this AD Register, 800 North Capitol Street, NW., suite 1601 Lind Avenue, SW., Renton, were not adopted. 700, Washington, DC. Washington; or at the FAA, Small Regulatory Impact Note 3: The subject of this AD is addressed Airplane Directorate, Atlanta Aircraft in Spanish airworthiness directive 07/94, Certification Office, One Crown Center, The regulations adopted herein will dated October 1994. 1895 Phoenix Boulevard, Suite 450, not have substantial direct effects on the (e) This amendment becomes effective on Atlanta, Georgia. States, on the relationship between the November 24, 1997. FOR FURTHER INFORMATION CONTACT: national government and the States, or Issued in Renton, Washington, on October on the distribution of power and 10, 1997. Thomas Peters, Aerospace Engineer, Systems and Flight Test Branch, ACE– responsibilities among the various James V. Devany, 116A, FAA, Small Airplane Directorate, levels of government. Therefore, in Acting Manager, Transport Airplane Atlanta Aircraft Certification Office, accordance with Executive Order 12612, Directorate, Aircraft Certification Service. One Crown Center, 1895 Phoenix it is determined that this final rule does [FR Doc. 97–27581 Filed 10–17–97; 8:45 am] Boulevard, Suite 450, Atlanta, Georgia not have sufficient federalism BILLING CODE 4910±13±U 30349; telephone (707) 703–6063; fax implications to warrant the preparation (707) 703–6097. of a Federalism Assessment. SUPPLEMENTARY INFORMATION: For the reasons discussed above, I DEPARTMENT OF TRANSPORTATION A proposal to amend part 39 of the Federal certify that this action (1) is not a ‘‘significant regulatory action’’ under Federal Aviation Administration Aviation Regulations (14 CFR part 39) to include an airworthiness directive (AD) Executive Order 12866; (2) is not a 14 CFR Part 39 that is applicable to all Lockheed Model ‘‘significant rule’’ under DOT 382 series airplanes was published in Regulatory Policies and Procedures (44 [Docket No. 97±NM±08±AD; Amendment FR 11034, February 26, 1979); and (3) 39±10166; AD 97±21±13] the Federal Register on March 26, 1997 (62 FR 14369). That action proposed to will not have a significant economic RIN 2120±AA64 require revising the Limitations Section impact, positive or negative, on a of the Airplane Flight Manual (AFM) to substantial number of small entities Airworthiness Directives; Lockheed prohibit the positioning of the power under the criteria of the Regulatory Model 382 Series Airplanes levers below the flight idle stop, and to Flexibility Act. A final evaluation has been prepared for this action and it is AGENCY: provide a statement of consequences of Federal Aviation contained in the rules docket. A copy of Administration, DOT. positioning the power levers below the flight idle stop. it may be obtained from the rules docket ACTION: Final rule. at the location provided under the Interim Action SUMMARY: This amendment adopts a caption ADDRESSES. new airworthiness directive (AD), This is considered interim action List of Subjects in 14 CFR Part 39 applicable to all Lockheed Model 382 until final action is identified, at which Air transportation, Aircraft, Aviation series airplanes, that requires revising time the FAA may consider further safety, Incorporation by reference, the Airplane Flight Manual (AFM) to rulemaking. Safety. prohibit the positioning of the power Comments levers below the flight idle stop, and to Adoption of the Amendment provide a statement of the consequences Interested persons have been afforded an opportunity to participate in the Accordingly, pursuant to the of positioning the power levers below authority delegated to me by the the flight idle stop. This amendment is making of this amendment. No comments were submitted in response Administrator, the Federal Aviation prompted by incidents and accidents Administration amends part 39 of the involving airplanes equipped with to the proposal or the FAA’s determination of the cost to the public. Federal Aviation Regulations (14 CFR turboprop engines in which the part 39) as follows: propeller beta was used improperly Conclusion during flight. The actions specified by PART 39ÐAIRWORTHINESS The FAA has determined that air this AD are intended to prevent loss of DIRECTIVES safety and the public interest require the airplane controllability, or engine adoption of the rule as proposed. overspeed and consequent loss of 1. The authority citation for part 39 engine power caused by the power Cost Impact continues to read as follows: levers being positioned below the flight There are approximately 18 Lockheed Authority: 49 U.S.C. 106(g), 40113, 44701. idle stop while the airplane is in flight. Model 382 series airplanes of the § 39.13 [Amended] DATES: Effective November 24, 1997. affected design in the worldwide fleet. 2. Section 39.13 is amended by The incorporation by reference of The FAA estimates that 18 airplanes of adding the following new airworthiness certain publications listed in the U.S. registry will be affected by this AD, directive: regulations is approved by the Director that it will take approximately 1 work of the Federal Register as of November hour per airplane to accomplish the 97–21–13 Lockheed Aeronautical Systems 24, 1997. Company: Amendment 39–10166. required actions, and that the average Docket 97–NM–08–AD. ADDRESSES: The service information labor rate is $60 per work hour. Based Applicability: All Model 382 series referenced in this AD may be obtained on these figures, the cost impact of the airplanes, certificated in any category. from Lockheed Aeronautical Systems AD on U.S. operators is estimated to be Note 1: This AD applies to each airplane Support Company (LASSC), Field $1,080, or $60 per airplane. identified in the preceding applicability Support Department, Dept. 693, Zone The cost impact figure discussed provision, regardless of whether it has been 0755, 2251 Lake Park Drive, Smyrna, above is based on assumptions that no modified, altered, or repaired in the area Georgia 30080. This information may be operator has yet accomplished any of subject to the requirements of this AD. For Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations 54379 airplanes that have been modified, altered, or may be inspected at the FAA, Transport Instrument Landing System (ILS), and repaired so that the performance of the Airplane Directorate, 1601 Lind Avenue, Global Positioning System (GPS) SIAP requirements of this AD is affected, the SW., Renton, Washington; or at the Office of requires adjustment of Class E airspace owner/operator must request approval for an the Federal Register, 800 North Capitol in order to segregate aircraft operating in alternative method of compliance in Street, NW., suite 700, Washington, DC. instrument flight conditions from accordance with paragraph (b) of this AD. (e) This amendment becomes effective on The request should include an assessment of November 24, 1997. aircraft operating in visual flight conditions. Interested parties were the effect of the modification, alteration, or Issued in Renton, Washington, on October repair on the unsafe condition addressed by 10, 1997. invited to participate in the rulemaking this AD; and, if the unsafe condition has not proceeding by submitting written James V. Devany, been eliminated, the request should include comments on the proposal. No specific proposed actions to address it. Acting Manager, Transport Airplane comments were received. The Directorate, Aircraft Certification Service. Compliance: Required as indicated, unless coordinates for this airspace docket are accomplished previously. [FR Doc. 97–27579 Filed 10–17–97; 8:45 am] based on North American Datum 83. To prevent loss of airplane controllability, BILLING CODE 4910±13±U This action is the same as described in or engine overspeed with consequent loss of the proposal. Class E airspace engine power caused by the power levers designated as a surface area for an being positioned below the flight idle stop DEPARTMENT OF TRANSPORTATION while the airplane is in flight, accomplish the airport and airspace designations for following: Federal Aviation Administration airspace areas extending upward from (a) Within 30 days after the effective date 700 feet or more above the surface of the of this AD, revise the Limitations Section of 14 CFR Part 71 earth are published in paragraph 6002 the FAA-approved Airplane Flight Manual and paragraph 6005 of FAA Order (AFM) to include the following statements. [Airspace Docket No. 97±ANM±02] 7400.9E, dated September 10, 1997, and This may be accomplished by inserting a Amendment of Class E Airspace; effective September 16, 1997, which is copy of this AD or Lockheed AFM 382/E/G, incorporated by reference in 14 CFR Revision 24, dated November 15, 1996, into Alamosa, CO the AFM. 71.1. The Class E airspace designation Positioning of power levers below the AGENCY: Federal Aviation listed in this document will be flight idle stop while the airplane is in-flight Administration (FAA), DOT. published subsequently in the Order. is prohibited. Such positioning may lead to ACTION: Final rule. The Rule loss of airplane control or may result in an overspeed condition and consequent loss of SUMMARY: This action modifies the This action amends 14 CFR part 71 engine power. Alamosa, CO, Class E airspace by Class E airspace at Alamosa, CO. The (b) An alternative method of compliance or increasing the radius of the Class E portion of the existing airspace area adjustment of the compliance time that surface area, and by expanding the extending upward from the surface will provides an acceptable level of safety may be be expanded by increasing the radius of used if approved by the Manager, Atlanta lateral boundaries of the Class E Aircraft Certification Office (ACO), FAA, airspace at and above 1,200 feet Above the area from 4.3 nautical miles (NM) to Small Airplane Directorate. Operators shall Ground Level (AGL). The additional 5 NM. Where a SIAP has been submit their requests through an appropriate controlled airspace is necessary to designated for the airport and FAA Principal Operations Inspector, who contain two Standard Instrument communications and weather reporting may add comments and then send it to the Approach Procedures (SIAP) which criteria are met, the FAA establishes Manager, Atlanta ACO. have recently been developed for the Class E airspace extending upward from Note 2: Information concerning the Alamosa Airport. The intended effect of the surface to the base of overlying existence of approved alternative methods of this action is to provide the additional controlled airspace to contain terminal compliance with this AD, if any, may be controlled airspace necessary to enable instrument operations if such action is obtained from the Atlanta ACO. the FAA to provide Instrument Flight justified and/or in the pubic interest. (c) Special flight permits may be issued in Rules (IFR), Air Traffic Control (ATC) This action also expands and simplifies accordance with sections 21.197 and 21.199 services and separation to IFR aircraft the portion of the area extending of the Federal Aviation Regulations (14 CFR upward from 1,200 feet AGL by 21.197 and 21.199) to operate the airplane to operating on the SIAP’s and a location where the requirements of this AD transitioning between the terminal and redefining the lateral boundaries of the can be accomplished. en route environments. The areas will area. The FAA establishes Class E (d) Except as provided by paragraph (a) of be depicted on aeronautical charts for airspace extending upward from 1,200 this AD, the AFM revision shall be done in pilot reference. feet AGL where necessary to contain accordance with Lockheed Airplane Flight aircraft transitioning between the EFFECTIVE DATE: 0901 UTC, November Manual (AFM) 382/E/G, Revision 24, dated terminal and en route environments. 19, 1997. November 15, 1996, which contains the The FAA has recently established GPS following list of effective pages: FOR FURTHER INFORMATION CONTACT: and ILS SIAP’s for use by aircraft Ted Melland, ANM–520.1, Federal arriving at the Alamosa Airport. The Revision Aviation Administration, Docket No. additional Class E airspace established Page No. level shown 97–ANM–02, 1601 Lind Avenue S.W., on page by this rule is necessary to Renton, Washington, 98055–4056; accommodate the new SIAP’s. The Log of Revisions ...... 24 telephone number: (425) 227±2536. intended effect of this action is to Page viE/(viF Blank) SUPPLEMENTARY INFORMATION: provide the controlled airspace necessary to enable the FAA to provide This incorporation by reference was History IFR ATC services and separation to IFR approved by the Director of the Federal On April 2, 1997, the FAA proposed aircraft operating on the GPS and ILS Register in accordance with 5 U.S.C. 552(a) and 1 CFR Part 51. Copies may be obtained to amend Part 71 of Federal Aviation SIAP’s, and while transitioning between from Lockheed Aeronautical Systems Regulations (14 CFR part 71) to provide the en route and terminal environments. Support Company (LASSC), Field Support additional Class E airspace area at The areas will be dipicted on Department, Dept. 693, Zone 0755, 2251 Lake Alamosa, Colorado (62 FR 15635). The appropriate aeronautical charts for pilot Park Drive, Smyrna, Georgia 30080. Copies recent commissioning of the Alamosa reference. 54380 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations
The FAA has determined that this thereafter be continuously published in the compliance with Executive Order proposed regulation only involves an Airport/Facility Directory. 12958. established body of technical * * * * * EFFECTIVE DATE: October 20, 1997. regulations for which frequent and Paragraph 6005 Class E airspace areas FOR FURTHER INFORMATION CONTACT: routine amendments are necessary to extending upward from 700 feet or more Erwin V. Minter, 202–358–2314. keep them operationally current. It, above the surface of the earth. SUPPLEMENTARY INFORMATION: NASA therefore, (1) is not a ‘‘significant * * * * * published 14 CFR Part 1203 subpart H regulatory action’’ under Executive ANM CO E5 Alamosa, CO [Revised] in the Federal Register on November 9, Order 12866; (2) is not a ‘‘significant 1988 (53 FR 45259). It identified NASA rule’’ under DOT Regulatory Policies Alamosa, San Luis Valley Regional/Bergman officials who are authorized to make, Field, CO and Procedures (44 FR 11034; February modify, or eliminate security 26, 1979); and (3) does not warrant (lat. 37°26′06′′ N, long. 105°52′01′′ W) Alamosa VORTAC classification assignments to preparation of a regulatory evaluation as ° ′ ′′ ° ′ ′′ information under their jurisdiction for the anticipated impact is so minimal. (lat. 37 20 57 N, long. 105 48 56 W) That airspace extending upward from 700 which NASA has original classification Since this is a routine matter that will authority. This amendment reflects only affect air traffic procedures and air feet above the surface within 8.7 miles northeast and miles southwest of the NASA’s current organizational position navigation, it is certified that this rule Alamosa VORTAC 335° and 155° radials titles. will not have a significant economic extending from 20.1 miles northwest to 10.5 Since this action is internal and impact on a substantial number of small miles southeast of the VORTAC, and within administrative in nature and does not entities under the criteria of the 1.8 miles northwest and 5.3 miles southeast affect the existing regulations, notice ° Regulatory Flexibility Act. of the Alamosa VORTAC 200 radial and public comment are not required. extending from the VORTAC to 14 miles The National Aeronautics and Space List of Subjects in 14 CFR Part 71 southwest of the VORTAC; that airspace extending upward from 1,200 feet above the Administration has determined the Airspace, Incorporation by reference, following: Navigation (air). surface within an area bounded by a point beginning at lat. 37°37′00′′ N, long. 1. This rule is not subject to the Adoption of the Amendment 106°14′00′′ W; lat. 37°44′00′′ N, long. requirements of the Regulatory 105°55′00′′ W; lat. 37°52′00′′ N; long Flexibility Act, 5 U.S.C. 601–612, since In consideration of the foregoing, the 105°43′00′′ W; lat. 37°49′00′′ N, long. it will not exert a significant economic Federal Aviation Administration 14 CFR 105°31′00′′ W; lat. 37°20′30′′ N, long. impact on a substantial number of small part 71 is amended as follows: 105°18′00′′ W; lat. 37°03′30′′ N, long. entities. ° ′ ′′ ° ′ ′′ 105 18 00 W; lat. 37 01 30 N, long. 2. This rule is not a major rule as PART 71ÐDESIGNATION OF CLASS A, ° ′ ′′ ° ′ ′′ 105 46 00 W; lat. 37 05 25 N, long. defined in Executive Order 12866. CLASS B, CLASS C, CLASS D, AND 106°02′00′′ W; lat. 37°09′00′′ N, long. CLASS E AIRSPACE AREAS; 106°19′00′′ W; lat. 37°17′00′′ N, long. List of Subjects in 14 CFR Part 1203 AIRWAYS; ROUTES; AND REPORTING 106°21′00′′ W; thence to the point of beginning. Security Classified information, POINTS Foreign relations, Security measures. * * * * * 1. The authority citation for 14 CFR Issued in Seattle, Washington, on For reasons set out in the Preamble, part 71 continues to read as follows: September 9, 1997. 14 CFR part 1203 is amended as follows: Authority: 49 U.S.C. 106(g), 40103, 40113, Glenn A. Adams III, PART 1203ÐINFORMATION SECURITY 40120; E.O. 10854, 24 FR 9565, 3 CFR 1959– Assistant Manager, Air Traffic Division, PROGRAM 1963 Comp., p. 389. Northwest Mountain Region. 1. The authority citation for Part 1203 § 71.1 [Amended] [FR Doc. 97–27364 Filed 10–17–97; 8:45 am] BILLING CODE 4910±13±M is revised to read as follows: 2. The incorporation by reference in 14 CFR part 71.1 of the Federal Aviation Authority: 42 U.S.C. 2451 et seq. and E.O. 12958, 60 FR 19825, 3 CFR, 1995 Comp., p. Administration Order 7400.9E, Airspace NATIONAL AERONAUTICS AND 333. Designations and Reporting Points, SPACE ADMINISTRATION 2. Subpart H is revised to read as dated September 10, 1997, and effective follows: September 16, 1997, is amended as 14 CFR Part 1203 follows: Subpart HÐDelegation of Authority to Make RIN 2700±AC26 Determinations in Original Classification Paragraph 6002 Class E airspace designated Matters. as a surface area for an airport. Information Security Program Sec. * * * * * 1203.800 Delegations. AGENCY: National Aeronautics and ANM CO E2 Alamosa, CO [Revised] 1203.801 Redelegation. Space Administration (NASA). 1203.802 Reporting. Alamosa, San Luis Valley Regional/Bergman ACTION: Final rule. Field, CO Subpart HÐDelegation of Authority to ° ′ ′′ ° ′ ′′ (lat. 37 26 06 N, long. 105 52 01 W) SUMMARY: NASA is amending 14 CFR Make Determinations in Original Alamosa VORTAC Part 1203 by revising subpart H, ° ′ ′′ ° ′ ′′ Classification (lat. 37 20 57 N, long. 105 48 56 W) ‘‘Delegation of Authority to Make Within a 5-mile radius of the San Luis Determinations in Original § 1203.800 Delegations. Valley Regional/Bergman Field, and within 3 Classification Matters.’’ This (a) The NASA officials listed in miles each side of the Alamosa VORTAC amendment changes the designated paragraph (b) (1) and (2) of this section 127° and 335° radials extending from the 5- mile radius to 10.1 miles southeast of the officials for Secret and Confidential are authorized to make, modify, or VORTAC. This Class E airspace area is authority, deletes old NASA position eliminate security classification effective during the specific dates and times titles, replaces them with current NASA assignments to information under their established in advance by a Notice to organization position titles, and adds jurisdiction for which NASA has Airmen. The effective date and time will original declassification authorities in original classification authority. Such Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations 54381 actions shall be in accordance with authority by name or title of the position issues a temporary rule prohibiting currently applicable criteria, guidelines, held. anchoring by vessels 50 meters in length laws, and regulations, and they shall be (e) The Senior Agency Official for or greater on the Tortugas Bank within subject to any contrary determination Classified National Security Information the Florida Keys National Marine that has been made by the Senior shall conduct a periodic review of Sanctuary (Sanctuary). This temporary Agency Official for Classified National delegation lists to ensure that the rule is necessary to prevent future injury Security Information, or by any other officials so designated have to, and destruction of, living coral on NASA official authorized to make such demonstrated a continuing need to Tortugas Bank caused by such a determination. The Director, Security exercise such authority. anchoring. Management Office, is designated to act (f) Original classification authority EFFECTIVE DATES: This temporary rule is as the Senior Agency Official for shall not be delegated to persons who effective from 12:01 am October 17, Classified National Security only reproduce, extract, or summarize 1997 until February 12, 1998. Information. The NASA officials listed classified information, or who only FOR FURTHER INFORMATION CONTACT: in paragraph (b)(3) of the section are apply classification markings derived Billy D. Causey, Superintendent, Florida authorized to declassify top Secret from source material or as directed by Keys National Marine Sanctuary security classification assignments over a classification guide. (FKNMS), Post Office Box 500368, 25 years old to information under their § 1203.801 Redelegation. Marathon, Florida 33050. (305) 743– jurisdiction for which NASA has 2437. original classification authority. The Redelegation of TOP SECRET, SUPPLEMENTARY INFORMATION: In NASA officials listed in paragraphs SECRET, or CONFIDENTIAL original accordance with 15 CFR 922.165 of the (b)(4) of this section are authorized to classification authority or Florida Keys National Marine Sanctuary declassify Secret and Confidential declassification authority is not regulations (62 FR 32154, June 12, 1997) security classification assignments to authorized. and the Co-Trustees Agreement for information under their jurisdiction for § 1203.802 Reporting. Cooperative Management of the Florida which NASA has original classification The officials to whom original Keys National Marine Sanctuary made authority. classification authority has been between the Governor and Cabinet of (b) Designated officials. (1) TOP delegated under this section shall the State of Florida and NOAA dated SECRET Classification Authority—(i) ensure that feedback is provided to the May 19, 1997, NOAA has consulted Administrator. Senior Agency Official for National with and received approval from the (ii) Deputy Administrator. Security Information. The Senior Governor of the State of Florida (iii) Associate Deputy Administrator. Agency Official for National Security concerning the issuance of this (iv) Associate Deputy Administrator Information shall keep the temporary rule. (Technical). Administrator currently informed of all Section 922.165 provides that, where (v) Senior Agency Official for significant actions, problems, or other necessary to prevent or minimize the Classified National Security matters of substance related to the destruction of, loss of, or injury to a Information. exercise of the authority delegated Sanctuary resource, any and all (2) SECRET and CONFIDENTIAL hereunder. activities are subject to immediate Classification Authority. Officials listed Daniel S. Goldin, temporary regulation, including in paragraph (b)(1) of this section. Administrator. prohibition, for up to 120 days. (3) Declassification Authority, Top [FR Doc. 97–27651 Filed 10–17–97; 8:45 am] Emergency regulations cannot take Secret Assignments over 25 years Old. effect in Florida territorial waters until BILLING CODE 7510±01±M (i) Agency Security Program Manager, approved by the Governor of the State NASA Headquarters. of Florida. (ii) Such other officials as may be delegated declassification authority, in DEPARTMENT OF COMMERCE Background writing, by the Senior Agency Official National Oceanic and Atmospheric This temporary rule is necessitated by for Classified National Security Administration the recent discovery of significant injury Information. to, and destruction of, living coral on (4) Declassification Authority, Secret 15 CFR Part 922 Tortugas Bank, west of the Dry Tortugas and Confidential. (i) Security National Park, caused by the anchoring Administrative Team Leader, [Docket No. 971014245±7245±01] of vessels 50 meters or greater in length, Headquarters NASA. Temporary Rule Prohibiting Anchoring and the need to prevent future injury. (ii) Such other officials as may be Current 15 CFR 922.163(a)(5)(ii) by Vessels 50 Meters or Greater in delegated declassification authority, in prohibits having vessels anchored in the Length on Tortugas Bank Within the writing, by the Senior Agency Official Sanctuary on living coral other than Florida Keys National Marine for Classified National Security hardbottom in water depths less than 40 Sanctuary Information. feet when visibility is such that the (c) Written requests for original AGENCY: Sanctuaries and Reserves seabed can be seen. However, this classification authority or Division (SRD), Office of Ocean and regulation does not protect the coral declassification authority shall be Coastal Resource Management (OCRM), located in the area covered by this forwarded to the Senior Agency Official National Ocean Service (NOS) National temporary rule because the water there for Classified National Security Oceanic and Atmospheric is deeper than 40 feet. Information, with appropriate Administration (NOAA), Department of Anchoring of vessels 50 meters or justification appended thereto. Commerce (DOC). greater in length on Tortugas Bank has (d) The Senior Agency Official for ACTION: Temporary rule. been documented as having caused Classified National Security Information significant injury to living coral reef shall maintain a list of all delegations of SUMMARY: The National Oceanic and resources. Vessels of such size have original classification of declassification Atmospheric Administration (NOAA) anchoring gear of massive weight and 54382 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations size with heavy chains hundreds of feet maximum civil penalty of $110,000 per Regulatory Flexibility Act in length weighing as much as 8 to 10 violation per day. Furthermore, the Because this rule is not required to be tons. Vessels smaller than 50 meters in NMSA and regulations authorize a issued with prior notice and length have not been documented as proceeding in rem against any vessel opportunity for public comment by 5 having caused injury or loss of living used in violation of any such regulation. U.S.C. 553 or by any other law, it is not coral on Tortugas Bank. Their anchoring Classification subject to the Regulatory Flexibility Act gear generally is less massive in size and requirement for preparation of a weight. Therefore, this temporary rule Under 5 USC 553(b)(B), the Assistant regulatory flexibility analysis, and none only prohibits anchoring by vessels of Administrator for Ocean Services and has been prepared. 50 meters or greater in length on the Coastal Zone Management, NOAA for Paperwork Reduction Act Tortugas Bank. The location by good cause finds that providing prior coordinates of the prohibited anchoring notice and public procedure thereon This rule does not impose an area is set forth below. with respect to this rule is contrary to information collection requirement Transit, fishing and all other activities the public interest. This is due to recent subject to review and approval by OMB currently allowed in the area are not evidence that has come to light that under the Paperwork Reduction Act of affected by this temporary rule. severe damage to coral in the area has 1980, 44 U.S.C. 3500 et seq. Alternative anchor sites for vessels 50 been caused by the chains and anchors meters or greater in length are located Dated: October 17, 1997. of vessels 50 meters or greater in length. within approximately two nautical Nancy Foster, miles of the prohibited area. The close Further damage to the living coral reef Assistant Administrator. will occur if the prohibition proximity of these alternative anchoring [FR Doc. 97–27700 Filed 10–15–97; 12:17 sites should mitigate any potential implemented by this rule is delayed to pm] provide prior notice and opportunity for economic impact on such vessels since BILLING CODE 3510±08±M cost of the time and fuel to maneuver to public comment. this area and the additional time and Likewise, under 5 U.S.C. 553(d)(3), labor in letting out and pulling in the the Assistant Administrator for Ocean DEPARTMENT OF LABOR additional anchor chain should be Services and Coastal Zone Management, minimal. NOAA for good cause finds that Occupational Safety and Health The location of alternative anchoring delaying the effective date of this rule Administration sites for vessels greater than 50 meters for 30 days is contrary to the public in length are provided below. interest. First, if the rule is delayed for 29 CFR Part 1910 Location and Boundary of Area Where 30 days, significant damage to the living RIN 1218±AAA95 Anchoring by Vessels 50 Meters or coral resources could result. Further, 30 Greater in Length is Prohibited days is not necessary to give notification Methylene Chloride; Amendment; to vessels which might anchor in the Extension of Start-up Dates The coordinates of the area on the area in the future or for any vessel AGENCY: Tortugas Bank, west of the Dry Tortugas presently anchored to move to an Occupational Safety and Health National Park, closed to anchoring by alternative anchoring site. The U.S. Administration (OSHA), Department of vessels 50 meters or greater in length Coast Guard will give immediate Labor. are: ACTION: Final Rule; amendment; ° ′ ° ′ notification to vessels and they then (1) 24 45.75 N 82 54.40 W can, in a short period of time, move and extension of start-up dates of (2) 24° 45.60′ N 82° 54.40′ W compliance. (3) 24° 39.70′ N 83° 00.05′ W re-anchor in the recommended location. (4) 24° 32.00′ N 83° 00.05′ W Notification will be made by the U.S. SUMMARY: The Occupational Safety and (5) 24° 37.00′ N 83° 06.00′ W Coast Guard via notice to mariners, Health Administration (OSHA) is (6) 24° 40.00′ N 83° 06.00′ W Sanctuary radio announcements, press extending the start-up date for most releases, press conferences, and with Alternative Anchoring Sites provisions of the methylene chloride assistance by the U.S. Coast Guard and standard for larger employers by 45 days Alternative anchoring locations in the Dry Tortugas National Park staff on the to December 21, 1997. Larger employers vicinity of the area closed to anchoring water within the area. This rule is were required to commence initial are: effective on 12:01 am on the second day monitoring by September 7, 1997, and Areas to the west of the Sanctuary after the filing of this rule at the Office that date is unchanged. OSHA is also boundary in depths greater than the 20 of the Federal Register, to allow extending the start-up date for initial fathom contour line, indicated on adequate time for any vessels to monitoring for foam manufacturers with NOAA Nautical Chart Numbers 11434 relocate. 20 to 99 employees by 45 days to and 11420. The bottom type in these December 21, 1997, Employers with areas is sand/mud or sand/shell. This Executive Order 12866 fewer than 20 employees have later location is approximately 2 nautical The Office of Management and Budget start-up dates, which are not changed. miles west of the living coral reefs that (OMB) has concurred that this rule is form Tortugas Bank where anchoring DATES: The effective date of this not significant within the meaning of damage to the corals is occurring. amendment is October 20, 1997. Section 3(f) of Executive Order 12866. Mariners should note the existence of a Compliance: The start-up date for all submerged shipwreck located at 24° 38′ Executive Order 12612 provisions of the methylene chloride N 83° 08.00′ W. This shipwreck is a standard except initial monitoring and landing ship transport which was lost in NOAA has concluded that this engineering controls for employers 1948. regulatory action does not have specified in § 1910.1052(n)(2)(iii)(C) is federalism implications sufficient to extended to December 21, 1997 (255 Penalties warrant preparation of a federalism days after the effective date of the Pursuant to 15 CFR 992.45, any assessment under Executive Order standard). The start-up date for the violation of the rule is subject to a 12612. initial monitoring provision of the Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations 54383 methylene chloride standard is interest in this case. OSHA believes that DEPARTMENT OF DEFENSE extended to December 21, 1997 (255 it is in the public interest to give certain days after the effective date of the employers additional time to implement Office of the Secretary standard) for employers specified in certain provisions. § 1910.1052(n)(2)(i)(B). 32 CFR Part 199 Authority And Signature FOR FURTHER INFORMATION CONTACT: [DoD 6010.8±R] Bonnie Friedman, Director, OSHA This document was prepared under RIN±0720±AA42 Office of Public Affairs, U.S. the direction of Gregory R. Watchman, Department of Labor, Room N3647, 200 Acting Assistant Secretary of Labor for OCHAMPUS; State Victims of Crime Constitution Avenue, NW, Washington, Occupational Safety and Health, U.S. Compensation Programs; Voice DC 20210, telephone (202) 219–8151. Department of Labor, 200 Constitution Prostheses SUPPLEMENTARY INFORMATION: OSHA Avenue, NW, Washington, D.C. 20210. published a new methylene chloride AGENCY: Office of the Secretary, DoD. standard January 10, 1997 (62 FR 1494). Signed at Washington, DC this 15th day of ACTION: Interim final rule; request for That standard included extended start- October 1997. comments. up dates for its various provisions Gregory R. Watchman, SUMMARY: This interim final rule depending on the size of the employer. Acting Assistant Secretary of Labor. establishes OCHAMPUS as primary The three categories of employers were payer to State Victims of Crime employers with fewer than 20 List of Subjects in 29 CFR Part 1910 Compensation Programs and establishes employees, foam manufactures with 20– Chemicals, Hazardous Substances, voice prostheses as a CHAMPUS 99 employees, and ‘‘all other Occupational safety and health, benefit. employers.’’ Reporting and recordkeeping OSHA published notification of OMB DATES: The amendments to § 199.2 and requirements. approval of information collection § 199.8 are effective September 13, 1994 and the revision of § 199.4(g)(48) is requirements on August 8, 1997 (62 FR PART 1910Ð[AMENDED] 42666). As the start-up date for initial effective October 5, 1994. Written monitoring for ‘‘all other employers’’ comments will be accepted until 1. The general authority citation for December 19, 1997. was August 8, 1997, OSHA extended subpart Z of CFR 29 part 1910 continues ADDRESSES: Forward comments to the that date to September 7, 1997 to to read, in part, as follows: provide added notice to implement OCHAMPUS, Program Development compliance. Authority: Sections 4, 6, and 8 of the Branch, Aurora, CO 80045–6900. On September 15, 1997 (62 FR 48175), Occupational Safety and Health Act of 1970 FOR FURTHER INFORMATION CONTACT: OSHA published a notice extending the (29 U.S.C. 653, 655, and 657 ); Secretary of Connie Kiese, OCHAMPUS, Program start-up date for all provisions of the Labor’s Order No. 12–71 (36 FR 8754), 8–76 Development Branch, telephone (303) standard except initial monitoring (and (41 FR 25059), 9–83 (48 FR 35736), 1–90 (55 361–1178. FR 9033), or 6–96 (62(FR 111), as applicable; engineering controls, which already had SUPPLEMENTARY INFORMATION: Under 10 a later start-up date) from October 7, and 29 CFR Part 1911. U.S.C. 1079(j)(1), no CHAMPUS benefits 1997 to November 6, 1997 for ‘‘all other * * * * * shall be available for the payment for employers.’’ Other start-up dates were 2. Paragraphs (n)(2)(i)(B) and any service or supply for persons left unchanged. (n)(2)(iii)(C) of § 1910.1052 are revised enrolled in any other insurance, medical OSHA has concluded that an to read as follows: service, or health plan to the extent that additional 45 days (to December 21, the service or supply is a benefit under 1997) is needed for implementation of § 1910.1052 Methylene Chloride. the other plan, except in the case of the provisions except initial monitoring * * * * * those plans administered under title and engineering controls for ‘‘all other XIX of the Social Security Act (n) * * * employers.’’ This allows for a more (Medicaid)(51 FR 24008). Therefore, in efficient and effective implementation (2) * * * all double coverage situations, and for of those provisions. OSHA has also (i) * * * all classes of beneficiaries, CHAMPUS concluded that an additional 45 days (to shall be secondary payer except when (B) for polyurethane foam December 21, 1997) is needed for foam the other medical coverage is provided manufactures with 20 to 99 employees manufacturers with between 20 and 29 through Medicaid. employees to comply with the initial with 255 days after the effective date of However, on September 13, 1994, monitoring requirements. OSHA is this section. Public Law 103–322 was signed into amending paragraphs (ii) * * * effect. Section 230202 of that law states § 1910.1052(n)(2)(i)(B) and (iii) * * * that notwithstanding any other law, if § 1910.1052(n)(2)(iii)(C) to implement the compensation paid by an eligible this decision. (C) For all other employers within 255 crime victim compensation plan would The date for completion of initial days after the effective date of this cover costs that a Federal program or a monitoring for employers with fewer section. federally financed State or local than 20 employees is February 4, 1998, * * * * * program would otherwise pay,—— and remains unchanged. See 62 FR 1606 [FR Doc. 97–27691 Filed 10–17–97; 8:45 am] (1) Such crime compensation program (January 10, 1997) for a listing of BILLING CODE 4510±26±M shall not pay that compensation; and effective and start-up dates. (2) The other program shall make its OSHA finds that there is good cause payments without regard to the to issue this extension without notice existence of the crime victim and public comment because following compensation program. such procedures would be impractical, This provision mandates that unnecessary or contrary to the public CHAMPUS assume primary payer status 54384 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations to State Victims of Crime Compensation List of Subjects in 32 CFR Part 199 Dated: October 10, 1997. Programs. L.M. Bynum, Claims, Handicapped, Health This interim final rule is being insurance, Military personnel. Alternate OSD Federal Register Liaison published and no previous public Officer, Department of Defense. comment period has been requested. PART 199Ð[AMENDED] [FR Doc. 97–27641 Filed 10–17–97; 8:45 am] The change is mandated through public BILLING CODE 5000±04±M law signed into effect on September 13, Accordingly, 32 CFR part 199 is 1994, and we do not believe it is in the amended as follows: public interest to delay the 1. The authority citation for part 199 DEPARTMENT OF TRANSPORTATION implementation through the publication continues to read as follows: of a proposed rule. However, for a Authority: 5 U.S.C. 301; and 10 U.S.C. Coast Guard period of 60 days following the date of Chapter 55. publication of this interim final rule in 33 CFR Part 117 2. Section 199.2(b) is amended by the Federal Register, we will accept [CGD01±97±018] public comments and, when adding a definition ‘‘State Victims of appropriate, will revise the amendment. Crime Compensation Programs’’ in RIN 2115±AE47 A notice advising of any revision alphabetical order to read as follows: Drawbridge Operation Regulations; prompted by public comments will be § 199.2 Definitions. Bronx River, NY published in the Federal Register not * * * * * later than 90 days following the end of AGENCY: (b) * * * Coast Guard, DOT. the comment period. Benefits will be State Victims of Crime Compensation ACTION: Final rule. granted retroactively, effective Programs. Benefits available to victims September 13, 1994 for State Victims of SUMMARY: The Coast Guard is changing of crime under the Violent Crime Crime Compensation Programs and the regulations governing the Bruckner Control and Law Enforcement Act. voice prostheses. Boulevard Bridge, over the Bronx River The National Defense Authorization * * * * * in the Bronx, New York. In addition, the Act for Fiscal Year 1995 (Public Law 3. Section 199.4 is amended by location of the bridge in this section will 103–337), section 705, October 5, 1994, revising paragraph (g)(48) to read as be more clearly identified and added voice prostheses to the benefits follows: redundant language regarding openings for public vessels and vessels in distress available under CHAMPUS. Benefits § 199.4 Basic program benefits. will be granted retroactively, effective is removed. The owner of the bridge has * * * * * October 5, 1994. requested that a 4 hours notice for (g) * * * Because this change is also mandated openings be provided, except between 7 through public law, we do not believe (48) Prosthetic devices. Prostheses, a.m. and 9 a.m. and 4 p.m. and 6 p.m., it is in the public interest to delay the except artificial limbs, voice prostheses Monday through Friday, when the implementation through the publication and eyes, or if an item is inserted bridge need not open for the passage of of a proposed rule. A comment period surgically in the body as an integral part vessels. This change is expected to of 60 days following the date of of a surgical procedure. All dental provide for the needs of navigation and publication of this amendment in the prostheses are excluded, except for relieve the bridge owner of the burden Federal Register is provided. those specifically required in of crewing the bridge at all times. connection with otherwise covered Effective September 13, 1994, DATES: This final rule is effective orthodontia directly related to the CHAMPUS is considered primary payer November 19, 1997. surgical correction of a cleft palate to state victims of crime compensation FOR FURTHER INFORMATION CONTACT: Mr. anomaly. programs. The effective date for the new J. Arca, project officer, First Coast Guard CHAMPUS benefit of voice prosthesis is * * * * * District, Bridge Branch at the Battery October 5, 1994. 4. Section 199.8 is amended by Park Bldg., New York, New York 10004. revising paragraphs (b)(3)(iii), (b)(3)(iv) The telephone number is (212) 668– Regulatory Procedures and by adding paragraph (b)(3)(v) as 7069. The Regulatory Flexibility Act (RFA) follows: SUPPLEMENTARY INFORMATION: requires that each federal agency § 199.8 Double coverage. prepare, and make available for public Regulatory History comment, a regulatory flexibility * * * * * (b) * * * On April 30, 1997, the Coast Guard analysis when the agency issues a published a notice of proposed (3) * * * regulation which would have a rulemaking entitled ‘‘Drawbridge (iii) Entitlement to receive care from significant impact on a substantial Operation Regulations; Bronx River, Uniformed Services medical care number of small entities. New York’’ in the Federal Register (62 facilities; This interim final rule is not a FR 23410). The Coast Guard received significant regulatory action under (iv) Certain Federal Government two comments on the notice of Executive Order 12866. The changes set programs, as prescribed by the Director, proposed rulemaking. No public hearing forth in this interim final rule are minor OCHAMPUS, that are designed to was requested, and one was not held. revisions to the existing regulation. provide benefits to a distinct beneficiary Since this interim final rule does not population and for which entitlement Background and Purpose impose information collection does not derive from either premium The Bruckner Boulevard Bridge, at requirements, it does not need to be payment of monetary contribution (for mile 1.1, over the Bronx River in the reviewed by the Executive Office of example, the Indian Health Service); or Bronx, New York, has vertical Management and Budget under (v) State Victims of Crime clearances of 27′ above mean high water authority of the Paperwork Reduction Compensation Programs. (MHW) and 34′ above mean low water Act of 1980 (44 U.S.C. 3501–511). * * * * * (MLW) in the closed position. The Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations 54385 existing rules at 33 CFR part 117.771(a) Paperwork Reduction Act of 1995 (44 Dated: September 29, 1997. require the Bruckner Boulevard Bridge U.S.C. 3501 et seq.). R.M. Larrabee, to open on signal, except during Federalism Rear Admiral, U.S. Coast Guard Commander, designated rush hour periods. On First Coast Guard District. September 27, 1988, the Coast Guard The Coast Guard has analyzed this [FR Doc. 97–27707 Filed 10–17–97; 8:45 am] approved plans for the rehabilitation of rule in accordance with the principles BILLING CODE 4910±14±M the bridge. To facilitate the work, a and criteria contained in Executive temporary final rule (54 FR 18281, April Order 12612 and has determined that 28, 1989) was approved, permitting the this rule does not have sufficient DEPARTMENT OF TRANSPORTATION bridge to remain closed for 36 months federalism implications to warrant the Coast Guard from April 9, 1989, through April 9, preparation of a Federalism Assessment. 1992. Prior to the rehabilitation of the bridge, there were three openings Environment 33 CFR Part 187 recorded in 1988. Since the The Coast Guard considered the [CGD 89±050] rehabilitation was completed in 1992, environmental impact of this rule and RIN 2115±AD35 there have been no requests for concluded that, under section openings. 2.B.2.e.(32)(e) of Commandant Vessel Identification System Discussion of Comments and Changes Instruction M16475.1B, (as revised by AGENCY: Coast Guard, DOT. 60 FR 32197, June 20, 1995), this rule Two comments were received in ACTION: Interim final rule; re-opening of promulgates operating regulations for response to the notice of proposed comment period. rulemaking. Both offered no objection. drawbridges and is categorically excluded from further environmental SUMMARY: The Coast Guard is re-opening Regulatory Evaluation documentation. the comment period for its interim final This rule is not a significant List of Subjects in 33 CFR Part 117 rule establishing a system to identify regulatory action under section 3(f) of vessels numbered or titled under the Executive Order 12866 and does not Bridges. laws of a State. This action is necessary require an assessment of potential costs to respond to questions raised by States, and benefits under section 6(a)(3) of that Regulation banking interests, and legal associations. order. It has not been reviewed by the For the reasons set out in the DATES: Comments must reach the Coast Office of Management and Budget under preamble, the Coast Guard amends 33 Guard on or before December 4, 1997. that order. It is not significant under the CFR part 117 as follows: ADDRESSES: You may mail comments to regulatory policies and procedures of the Executive Secretary, Marine Safety the Department of Transportation (DOT PART 117Ð[AMENDED] Council (G–LRA/3406) (CGD 89–050), (44 FR 11040; February 26, 1979). The U.S. Coast Guard Headquarters, 2100 Coast Guard expects the economic 1. The authority citation for part 117 Second Street SW., Washington, DC impact of this rule to be so minimal that continues to read as follows: 20593–0001, or deliver them to room a full Regulatory Evaluation is Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 3406 at the same address between 9:30 unnecessary. This conclusion is based CFR 1.05–1(g); section 117.255 also issued a.m. and 2 p.m., Monday through on the fact that this rule will not prevent under the authority of Pub. L. 102–587, 106 Friday, except Federal holidays. The mariners from passing through the Stat. 5039. telephone number is 202–267–1477. bridge as long as they provide four The Executive Secretary maintains the hours advance notice. This rule will not 2. Section 117.771 is revised to read public docket for this rulemaking. prevent mariners from passing through as follows: Comments will become part of this the Bruckner Boulevard Bridge so long § 117.771 Bronx River. docket and will be available for as they provide advance notice. inspection or copying at room 3406, (a) The draw of the Bruckner Small Entities U.S. Coast Guard Headquarters, between Boulevard Bridge, mile 1.1, at the 9:30 a.m. and 2 p.m., Monday through Under the Regulatory Flexibility Act Bronx, New York, shall open on signal Friday, except Federal holidays. (5 U.S.C. 601 et seq.), the Coast Guard if at least 4 hours notice is given to the FOR FURTHER INFORMATION CONTACT: LT considered whether this rule will have New York City Department of James Whitehead, Marine Safety and a significant economic impact on a Transportation (NYCDOT) Radio Environmental Protection, Office of substantial number of small entities. Hotline, or NYCDOT Bridge Operations Small entities include small Information Resources (G–MRI), 202– office, except that between 7 a.m. and 9 267–0385. businesses, not-for-profit organizations a.m., and 4 p.m. and 6 p.m. Monday that are independently owned and through Friday, the bridge need not be SUPPLEMENTARY INFORMATION: operated and are not dominant in their opened for the passage of vessels. Request for Comments fields, and governmental jurisdiction (b) The draw of the Conrail Bridge, with populations of less than 50,000. The Coast Guard encourages mile 1.6 at the Bronx, New York, need For the reasons discussed in the interested persons to participate in this not be opened for the passage of vessels. Regulatory Evaluation above, the Coast rulemaking by submitting written views, Guard has determined that this rule will (c) The owners of the Bruckner arguments, or data. Persons submitting not have a significant economic impact Boulevard Bridge, mile 1.1, and the comments should include their names on a substantial number of small Conrail Bridge, mile 1.6, both at the and addresses, identity this rulemaking entities. Bronx, New York, shall provide and (CGD 89–050) and the specific section of keep in good legible condition two this rule to which each comment Collection of Information clearance gauges designed, installed and applies, and give the reason for each This final rule does not provide for a maintained in accordance with the comment. Please submit two copies of collection of information under the provisions of § 118.160 of this chapter. all comments and attachments in an 54386 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations unbound format, no larger than 81⁄2 by FEDERAL EMERGENCY available in the community. However, 11 inches, suitable for copying and MANAGEMENT AGENCY some of these communities may adopt electronic filing. Persons wanting and submit the required documentation acknowledgment of receipt of comments 44 CFR Part 64 of legally enforceable floodplain should enclose stamped, self-addressed [Docket No. FEMA±7674] management measures after this rule is postcards or envelopes. published but prior to the actual The Coast Guard will consider all Suspension of Community Eligibility suspension date. These communities comments received during this will not be suspended and will continue comment period. It may change this rule AGENCY: Federal Emergency their eligibility for the sale of insurance. in view of the comments. Management Agency, FEMA. A notice withdrawing the suspension of ACTION: Final rule. Background the communities will be published in the Federal Register. The Coast Guard published an Interim SUMMARY: This rule identifies In addition, the Federal Emergency Final Rule in the Federal Register (60 communities, where the sale of flood Management Agency has identified the FR 20310; April 25, 1995). The rule insurance has been authorized under special flood hazard areas in these established a vessel identification the National Flood Insurance Program communities by publishing a Flood system (VIS) for vessels numbered or (NFIP), that are suspended on the Insurance Rate Map (FIRM). The date of titled by a State that elects to participate effective dates listed within this rule the FIRM if one has been published, is in the system, The rule was to go into because of noncompliance with the indicated in the fourth column of the effect on April 24, 1996. However, on floodplain management requirements of table. No direct Federal financial February 23, 1996 (61 FR 6943), the the program. If the Federal Emergency assistance (except assistance pursuant to Coast Guard suspended the effective Management Agency (FEMA) receives the Robert T. Stafford Disaster Relief date of subpart D of the rule (33 CFR documentation that the community has and Emergency Assistance Act not in part 187, subpart D, Guidelines for State adopted the required floodplain connection with a flood) may legally be Vessel Titling Systems) through April management measures prior to the provided for construction or acquisition 23, 1998. The suspension was intended effective suspension date given in this of buildings in the identified special to allow the Coast Guard, States, and rule, the suspension will be withdrawn flood hazard area of communities not public more time to review the by publication in the Federal Register. participating in the NFIP and identified complexities of the guidelines relating EFFECTIVE DATES: The effective date of for more than a year, on the Federal to State titling. Since the suspension each community’s suspension is the Emergency Management Agency’s began, representatives of the States, third date (‘‘Susp.’’) listed in the third initial flood insurance map of the marine banks, and legal associations column of the following tables. community as having flood-prone areas have met several time to discuss issues ADDRESSES: If you wish to determine (section 202(a) of the Flood Disaster involving the State titling guidelines. whether a particular community was Protection Act of 1973, 42 U.S.C. Notes from these meetings have been suspended on the suspension date, 4106(a), as amended). This prohibition included in the docket. contact the appropriate FEMA Regional against certain types of Federal Questions Office or the NFIP servicing contractor. assistance becomes effective for the communities listed on the date shown We are reopening the comment period FOR FURTHER INFORMATION CONTACT: to gather further information on all Robert F. Shea Jr., Division Director, in the last column. The Associate Director finds that aspects of this rulemaking. We Program Implementation Division, notice and public comment under 5 particularly need your help in Mitigation Directorate, 500 C Street, U.S.C. 553(b) are impracticable and answering the following questions: SW., Room 417, Washington, DC 20472, (a) Should the regulations be revised (202) 646–3619. unnecessary because communities listed in this final rule have been adequately to respond to ownership concerns, SUPPLEMENTARY INFORMATION: The NFIP rather than just law enforcement notified. enables property owners to purchase Each community receives a 6-month, concerns? Both concerns are addressed flood insurance which is generally not 90-day, and 30-day notification in the VIS statute (46 U.S.C. 12501). otherwise available. In return, Such a revision may allow members of addressed to the Chief Executive Officer communities agree to adopt and that the community will be suspended the marine industry to get ownership administer local floodplain management information from the VIS, such as an unless the required floodplain aimed at protecting lives and new management measures are met prior to individual owner’s name and address in construction from future flooding. order to match that owner with a the effective suspension date. Since Section 1315 of the National Flood these notifications have been made, this particular vessel. Insurance Act of 1968, as amended, 42 (b) Should the information used to final rule may take effect within less U.S.C. 4022, prohibits flood insurance than 30 days. identify vessels in 33 CFR 187.103 be coverage as authorized under the the same as that used for a certificate of National Flood Insurance Program, 42 National Environmental Policy Act number in 33 CFR 174.19? U.S.C. 4001 et seq., unless an This rule is categorically excluded (c) What changes, if any, to 33 CFR appropriate public body adopts part 187, subpart D, are needed to from the requirements of 44 CFR Part adequate floodplain management 10, Environmental Considerations. No address the complexities of State titling? measures with effective enforcement Your comments need not be limited to environmental impact assessment has measures. The communities listed in these questions. been prepared. this document no longer meet that Dated: October 14, 1997. statutory requirement for compliance Regulatory Flexibility Act Joseph J. Angelo, with program regulations, 44 CFR part The Associate Director has Acting Assistant Commandant for Marine 59 et seq. Accordingly, the communities determined that this rule is exempt from Safety and Environmental Protection. will be suspended on the effective date the requirements of the Regulatory [FR Doc. 97–27706 Filed 10–17–97; 8:45 am] in the third column. As of that date, Flexibility Act because the National BILLING CODE 4910±14±M flood insurance will no longer be Flood Insurance Act of 1968, as Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations 54387 amended, 42 U.S.C. 4022, prohibits Paperwork Reduction Act List of Subjects in 44 CFR Part 64 flood insurance coverage unless an This rule does not involve any Flood insurance, Floodplains. appropriate public body adopts collection of information for purposes of adequate floodplain management the Paperwork Reduction Act, 44 U.S.C. Accordingly, 44 CFR part 64 is measures with effective enforcement 3501 et seq. amended as follows: measures. The communities listed no longer comply with the statutory Executive Order 12612, Federalism PART 64Ð[AMENDED] requirements, and after the effective This rule involves no policies that 1. The authority citation for Part 64 date, flood insurance will no longer be have federalism implications under continues to read as follows: available in the communities unless Executive Order 12612, Federalism, they take remedial action. October 26, 1987, 3 CFR, 1987 Comp., Authority: 42 U.S.C. 4001 et seq.; p. 252. Reorganization Plan No. 3 of 1978, 3 CFR, Regulatory Classification 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, Executive Order 12778, Civil Justice 3 CFR, 1979 Comp., p. 376. This final rule is not a significant Reform § 64.6 [Amended] regulatory action under the criteria of This rule meets the applicable section 3(f) of Executive Order 12866 of standards of section 2(b)(2) of Executive 2. The tables published under the September 30, 1993, Regulatory Order 12778, October 25, 1991, 56 FR authority of § 64.6 are amended as Planning and Review, 58 FR 51735. 55195, 3 CFR, 1991 Comp., p. 309. follows:
Date certain Federal assist- Community Current effective ance no longer State/location No. Effective date of eligibility map date available in spe- cial flood hazard areas
Region V Michigan: Bridgeport, charter township of, Sagi- 260186 February 18, 1975, Emerg; March 15, 1984, October 16, October 16, naw County. Reg.; October 16, 1997, Susp. 1997. 1997 Buena Vista, charter township of, Sagi- 260499 July 30, 1976, Emerg; July 5, 1984, Reg.; ...... do ...... Do. naw County. October 16, 1997, Susp. Carrollton, township of, Saginaw County 260187 July 23, 1974, Emerg.; June 15, 1983, ...... do ...... Do. Reg.; October 16, 1997, Susp. Chesaning, village of, Saginaw County 260591 September 20, 1982, Reg.; October 16, ...... do ...... Do. 1997, Susp. Frankenmuth, city of, Saginaw County .. 260188 September 5, 1975, Emerg.; September 2, ...... do ...... Do. 1982, Reg.; October 16, 1997, Susp. James, township of, Saginaw County ... 260802 April 13, 1987, Emerg.; September 9, 1991, ...... do ...... Do. Reg.; October 16, 1997, Susp. Kochville, township of, Saginaw County 260501 October 26, 1977, Emerg.; January 19, ...... do ...... Do. 1983, Reg.; October 16, 1997, Susp. Maple Grove, township of, Saginaw 260891 June 6, 1997, Emerg.; October 16, 1997, ...... do ...... Do. County. Reg.; October 16, 1997, Susp. Saginaw, city of, Saginaw County ...... 260189 February 26, 1975, Emerg.; November 16, ...... do ...... Do. 1983, Reg.; October 16, 1997, Susp. Saginaw, township of, Saginaw County 260190 July 13, 1973, Emerg.; July 2, 1979, Reg.; ...... do ...... Do. October 16, 1997, Susp. Spaulding, township of, Saginaw Coun- 260303 August 6, 1974, Emerg.; June 15, 1979, ...... do ...... Do. ty. Reg.; October 16, 1997, Susp. St. Charles, village of, Saginaw County 260593 April 16, 1979, Emerg.; October 18, 1983, ...... do ...... Do. Reg.; October 16, 1997, Susp. Swan Creek, township of, Saginaw 260888 May 12, 1995, Emerg.; October 16, 1997, ...... do ...... Do. County. Reg.; October 16, 1997, Susp. Taymouth, township of, Saginaw Coun- 260503 June 2, 1977, Emerg.; December 16, 1988, ...... do ...... Do. ty. Reg.; October 16, 1997, Susp. Thomas, township of, Saginaw County 260603 February 13, 1975, Emerg.; January 19, ...... do ...... Do. 1983, Reg.; October 16, 1997, Susp. Tittabawassee, township of, Saginaw 260504 February 16, 1981, Emerg.; February 1, ...... do ...... Do. County. 1987, Reg.; October 16, 1997, Susp. Zilwaukee, city of, Saginaw County ...... 260285 January 21, 1974, Emerg.; July 2, 1979, ...... do ...... Do. Reg.; October 16, 1997, Susp. Zilwaukee, township of, Saginaw Coun- 260286 January 21, 1974, Emerg.; July 2, 1979, ...... do ...... Do. ty. Reg.; October 16, 1997, Susp. Code for reading third column: Emerg.-Emergency; Reg.-Regular; Rein.-Reinstatement; Susp.-Suspension. 54388 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations
(Catalog of Federal Domestic Assistance No. Directorate, 500 C Street SW., Regulatory Flexibility Act 83.100, ‘‘Flood Insurance’’) Washington, DC 20472, (202) 646–2796. The Associate Director, Mitigation Issued: October 9, 1997. SUPPLEMENTARY INFORMATION: The Directorate, certifies that this rule is Michael J. Armstrong, modified base flood elevations are not exempt from the requirements of the Associate Director for Mitigation. listed for each community in this Regulatory Flexibility Act because [FR Doc. 97–27709 Filed 10–17–97; 8:45 am] interim rule. However, the address of modified base flood elevations are BILLING CODE 6718±05±P the Chief Executive Officer of the required by the Flood Disaster community where the modified base Protection Act of 1973, 42 U.S.C. 4105, flood elevation determinations are and are required to maintain community FEDERAL EMERGENCY available for inspection is provided. MANAGEMENT AGENCY Any request for reconsideration must eligibility in the National Flood be based upon knowledge of changed Insurance Program. No regulatory 44 CFR Part 65 conditions, or upon new scientific or flexibility analysis has been prepared. [Docket No. FEMA±7233] technical data. Regulatory Classification The modifications are made pursuant Changes in Flood Elevation to section 201 of the Flood Disaster This interim rule is not a significant Determinations Protection Act of 1973, 42 U.S.C. 4105, regulatory action under the criteria of and are in accordance with the National section 3(f) of Executive Order 12866 of AGENCY: Federal Emergency Flood Insurance Act of 1968, 42 U.S.C. September 30, 1993, Regulatory Management Agency, FEMA. 4001 et seq., and with 44 CFR part 65. Planning and Review, 58 FR 51735. ACTION: Interim rule. For rating purposes, the currently Executive Order 12612, Federalism SUMMARY: This interim rule lists effective community number is shown communities where modification of the and must be used for all new policies This rule involves no policies that base (1% annual chance) flood and renewals. have federalism implications under elevations is appropriate because of new The modified base flood elevations Executive Order 12612, Federalism, scientific or technical data. New flood are the basis for the floodplain dated October 26, 1987. management measures that the insurance premium rates will be Executive Order 12778, Civil Justice community is required to either adopt calculated from the modified base flood Reform elevations for new buildings and their or to show evidence of being already in contents. effect in order to qualify or to remain This rule meets the applicable qualified for participation in the standards of section 2(b)(2) of Executive DATES: These modified base flood National Flood Insurance Program. Order 12778. elevations are currently in effect on the These modified elevations, together dates listed in the table and revise the with the floodplain management criteria List of Subjects in 44 CFR Part 65 Flood Insurance Rate Map(s) (FIRMs) in required by 44 CFR 60.3, are the effect prior to this determination for Flood insurance, Floodplains, minimum that are required. They Reporting and recordkeeping each listed community. should not be construed to mean that From the date of the second requirements. the community must change any publication of these changes in a existing ordinances that are more Accordingly, 44 CFR part 65 is newspaper of local circulation, any stringent in their floodplain amended to read as follows: person has ninety (90) days in which to management requirements. The request through the community that the PART 65Ð[AMENDED] community may at any time enact Associate Director reconsider the stricter requirements of its own, or changes. The modified elevations may 1. The authority citation for part 65 pursuant to policies established by other be changed during the 90-day period. continues to read as follows: Federal, state or regional entities. ADDRESSES: The modified base flood The changes in base flood elevations Authority: 42 U.S.C. 4001 et seq.; elevations for each community are are in accordance with 44 CFR 65.4. Reorganization Plan No. 3 of 1978, 3 CFR, available for inspection at the office of 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, the Chief Executive Officer of each National Environmental Policy Act 3 CFR, 1979 Comp., p. 376. community. The respective addresses This rule is categorically excluded are listed in the following table. from the requirements of 44 CFR Part § 65.4 [Amended] FOR FURTHER INFORMATION CONTACT: 10, Environmental Consideration. No 2. The tables published under the Frederick H. Sharrocks, Jr., Chief, environmental impact assessment has authority of § 65.4 are amended as Hazard Identification Branch, Mitigation been prepared. follows:
Dates and name of news- State and county Location paper where notice was Chief executive officer of community Effective date of Community published modification No.
Connecticut: Fair- Town of New Ca- June 26, 1997, July 3, Mr. Richard P. Bond, First Selectman October 1, 1997 ... 090010 B field. naan. 1997, New Canaan Ad- of the Town of New Canaan, 77 vertiser. Main Street, New Canaan, Con- necticut 06840. Florida: Duval ...... City of Jackson- July 8, 1997, July 15, The Honorable John A. Delaney, July 1, 1997 ...... 120077 E ville. 1997, The Florida Mayor of the City of Jacksonville, Times-Union. City Hall, 220 East Bay Street, 14th Floor, Jacksonville, Florida 32202. Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations 54389
Dates and name of news- State and county Location paper where notice was Chief executive officer of community Effective date of Community published modification No.
Orange ...... Unincorporated August 18, 1997, August Mr. Ajit Lalchandani, P.E., Director, August 11, 1997 .. 120179 C Areas. 25, 1997, The Orlando Orange County Public Works Divi- Sentinel. sion, 4200 South John Young Parkway, Orlando, Florida 32829± 9205. Georgia: Gwinnett Unincorporated July 21, 1997, July 28, Mr. Wayne Hill, Chairman of the October 26, 1997 130322 C Areas. 1997, Gwinnett Daily Gwinnett County Board of Commis- Post. sioners, 75 Langley Drive, Lawrenceville, Georgia 30245± 6900. Illinois: Cook ...... Village of Chicago August 30, 1996, Septem- The Honorable Eugene Siegel, Mayor August 23, 1996 .. 170076 B Ridge. ber 5, 1996, The Chi- of the Village of Chicago Ridge, cago Ridge Citizen. 10655 South Oak Avenue, Chicago Ridge, Illinois 60415. DuPage and Village of September 3, 1997, Sep- Mr. John C. Geils, President of the August 27, 1997 .. 170200 C Cook. Bensenville. tember 10, 1997, Press Village of Bensenville, 700 West Ir- Publications. ving Park Road, Bensenville, Illi- nois 60106. Illinois: DuPage ...... City of Darien ...... August 21, 1997, August The Honorable Carmen D. Soldato, November 26, 170750 A 28, 1997, Darien Mayor of the City of Darien, 1702 1997. Progress. Plainfield Road, Darien, Illinois 60561. DuPage Coun- Village of Lisle ..... July 25, 1997, August 1, The Honorable Ronald F. Ghilardi, July 18, 1997 ...... 170211 B ty. 1997, The Lisle Sun. Mayor of the Village of Lisle, 1040 Burlington Avenue, Lisle, Illinois 60532. Stephenson .... Unincorporated June 11, 1997, June 18, Mr. Dean Danner, Chairman of the June 6, 1997 ...... 170639 B Areas. 1997, The Journal Stephenson County Board of Com- Standard. missioners, 15 North Galena Ave- nue, Freeport, Illinois 61032. Will and City of Naperville September 10, 1997, Sep- The Honorable A. George Pradel, December 16, 170213 C DuPage. tember 17, 1997, Mayor of the City of Naperville, 400 1997. Naperville Sun. South Eagle Street, Naperville, Illi- nois 60566. Winnebago ..... Unincorporated June 11, 1997, June 18, Ms. Christine Cohn, Chairman of the June 6, 1997 ...... 170720 B Areas. 1997, Rockford Register Winnebago County Board of Com- Star. missioners, 404 Elm Street, Room 504, Rockford, Illinois 61101. Michigan: Wayne .. Township of Can- August 14, 1997, August Mr. Thomas Yack, Canton Township November 19, 260219 B ton. 21, 1997, Canton Ob- Supervisor, 1150 South Canton 1997. server. Center Road, Canton, Michigan 48188. Maine: York ...... Town of Kittery ..... June 3, 1997, June 10, Mr. Phil McCarthy, Kittery Town, May 23, 1997 ...... 230171 D 1997, Portsmouth Her- Manager, P.O. Box 808, Kittery, ald. Maine 03904. Mississippi: Madi- City of Ridgeland July 24, 1997, July 31, The Honorable Gene McGee, Mayor October 29, 1997 280110 D son. 1997, Madison County of the City of Ridgeland, P.O. Box Journal. 217, Ridgeland, Mississippi 39158. New Hamsphire: Town of Bridge- June 11, 1997, June 18, Mr. Terrance Murphy, Head Select- December 5, 1997 33046 C Grafton. water. 1997, Record Enter- man, Town of Bridgewater, 297 prise. Mayhew Turnpike, Bristol, New Hampshire 03222. New Jersey: Ocean ...... Borough of Island July 16, 1997, July 23, The Honorable David Siddons, Mayor January 7, 1998 ... 340374 C Heights. 1997, Ocean County of the Borough of Island Heights, Observer. P.O. Box AH, Island Heights, New Jersey 08732. Passaic ...... Borough of West March 5, 1997, March 12, The Honorable Matthew T. Capano, June 10, 1997 ...... 340412 B Paterson. 1997, North Jersey Her- Mayor of the Borough of West ald and News. Paterson, 5 Brophy Lane, West Paterson, New Jersey 07424. North Carolina: Unincorporated August 28, 1997, Septem- Mr. Robert Z. Owens, Jr., Chairman August 21, 1997 .. 375348 D Dare. Areas. ber 4, 1997, Coastland of the Dare County, Board of Com- Times. missioners, P.O. Box 1000, Manteo, North Carolina 17954. Ohio: Cuyahoga .... City of Beachwood June 30, 1997, July 7, The Honorable Merle S. Gorden, December 19, 390094 A 1997, The Plain Dealer. Mayor of the City of Beachwood, 1997. 2700 Richmond Road, Beachwood, Ohio 44122. 54390 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations
Dates and name of news- State and county Location paper where notice was Chief executive officer of community Effective date of Community published modification No.
Cuyahoga ...... City of North August 28, 1997, Septem- The Honorable Edward J. Boyle, December 3, 1997 390120 C Olmsted. ber 4, 1997, Sun Herald. Mayor of the City of North Olmsted, 5200 Dover Center Road, North Olmsted, Ohio 44070. Franklin & City of Columbus August 12, 1997, August The Honorable Gregory Lashutka, August 5, 1997 .... 390170 G Fairfield. 19, 1997, The Colum- Mayor of the City of Columbus, 90 bus Dispatch. West Broad Street, Columbus, Ohio 43215. Lake ...... Unincorporated June 18, 1997, June 25, Ms. Mildred Teuscher, President of June 11, 1997 ...... 390771 C Areas. 1997, The News Herald. the Lake County Board of Commis- sioners, P.O. Box 490, 105 Main Street, Painesville, Ohio 44077. Pennsylvania: Blair ...... Township of Blair July 8, 1997, July 15, Mr. George Harley, Secretary/Treas- June 30, 1997 ...... 421386 A 1997, Altoona Mirror. urer of the Township of Blair, 575 Cedarcrest Drive, Duncansville, Pennsylvania 166635. Bucks ...... Borough of August 19, 1997, August The Honorable Marilyn J. Becker, November 24, 420184 B Chalfont. 26, 1997, Intelligencer/ Mayor of the Borough of Chalfront, 1997. Record. P.O. Box 80, Chalfont, Pennsylva- nia 18914. Cambria ...... City of Johnstown June 13, 1997, June 20, The Honorable Linda Weaver, Mayor June 6, 1997 ...... 420231 C 1997, Tribune-Democrat. of the City of Johnstown, 401 Main Street, Johnstown, Pennsylvania 15901. South Carolina: Unincorporated July 10, 1997, July 17, Ms. Linda Angus, Horry County Ad- October 15, 1997 450104 E Horry Areas. 1997, The Sun News. ministrator, 103 Elm Street, Conway, South Carolina 29526. Virginia: (Independ- City of August 15, 1997, August The Honorable Rodney L. Eagle, August 5, 1997 .... 510076 B ent City). Harrisonburg. 22, 1997, Daily News- Mayor of the City of Harrisonburg, Record. City Hall, Harrisonburg, Virginia 22801. Wisconsin: Wash- Village of German- June 5, 1997, June 12, Mr. Paul Brandenburg, Village of Ger- September 10, 550472 B ington. town. 1997, Germantown mantown Administrator, P.O. Box 1997. Banner-Press. 337, Germantown, Wisconsin 53022±0337.
(Catalog of Federal Domestic Assistance No. (FIRMs) in effect for each listed modified base flood elevation 83.100, ‘‘Flood Insurance’’) community prior to this date. determinations are available for Dated: October 9, 1997. ADDRESSES: The modified base flood inspection. Michael J. Armstrong, elevations for each community are The modifications are made pursuant Associate Director for Mitigation. available for inspection at the office of to section 206 of the Flood Disaster [FR Doc. 97–27712 Filed 10–17–97; 8:45 am] the Chief Executive Officer of each Protection Act of 1973, 42 U.S.C. 4105, BILLING CODE 6718±03±P community. The respective addresses and are in accordance with the National are listed in the following table. Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq., and with 44 CFR part 65. FOR FURTHER INFORMATION CONTACT: FEDERAL EMERGENCY For rating purposes, the currently MANAGEMENT AGENCY Frederick H. Sharrocks, Jr., Chief, effective community number is shown Hazard Identification Branch, Mitigation and must be used for all new policies 44 CFR Part 65 Directorate, 500 C Street SW., and renewals. Washington, DC 20472, (202) 646–2796. The modified base flood elevations Changes in Flood Elevation SUPPLEMENTARY INFORMATION: The are the basis for the floodplain Determinations Federal Emergency Management Agency management measures that the AGENCY: Federal Emergency makes the final determinations listed community is required to either adopt Management Agency, FEMA. below of modified base flood elevations or to show evidence of being already in ACTION: Final rule. for each community listed. These effect in order to qualify or to remain modified elevations have been qualified for participation in the SUMMARY: Modified base (1% annual published in newspapers of local National Flood Insurance Program. chance) flood elevations are finalized circulation and ninety (90) days have These modified elevations, together for the communities listed below. These elapsed since that publication. The with the floodplain management criteria modified elevations will be used to Associate Director has resolved any required by 44 CFR 60.3, are the calculate flood insurance premium rates appeals resulting from this notification. minimum that are required. They for new buildings and their contents. The modified base flood elevations should not be construed to mean that EFFECTIVE DATES: The effective dates for are not listed for each community in the community must change any these modified base flood elevations are this notice. However, this rule includes existing ordinances that are more indicated on the following table and the address of the Chief Executive stringent in their floodplain revise the Flood Insurance Rate Map(s) Officer of the community where the management requirements. The Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations 54391 community may at any time enact Regulatory Flexibility Act because Executive Order 12778, Civil Justice stricter requirements of its own, or modified base flood elevations are Reform pursuant to policies established by other required by the Flood Disaster This rule meets the applicable Federal, state or regional entities. Protection Act of 1973, 42 U.S.C. 4105, standards of section 2(b)(2) of Executive These modified elevations are used to and are required to maintain community Order 12778. meet the floodplain management eligibility in the National Flood requirements of the NFIP and are also Insurance Program. No regulatory List of Subjects in 44 CFR Part 65 used to calculate the appropriate flood flexibility analysis has been prepared. Flood insurance, Floodplains, insurance premium rates for new Reporting and recordkeeping Regulatory Classification buildings built after these elevations are requirements. made final, and for the contents in these buildings. This final rule is not a significant Accordingly, 44 CFR part 65 is The changes in base flood elevations regulatory action under the criteria of amended to read as follows: are in accordance with 44 CFR 65.4. section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory PART 65Ð[AMENDED] National Environmental Policy Act Planning and Review, 58 FR 51735. 1. The authority citation for part 65 This rule is categorically excluded Executive Order 12612, Federalism continues to read as follows: from the requirements of 44 CFR Part Authority: 42 U.S.C. 4001 et seq.; 10, Environmental Consideration. No This rule involves no policies that Reorganization Plan No. 3 of 1978, 3 CFR, environmental impact assessment has have federalism implications under 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, been prepared. Executive Order 12612, Federalism, 3 CFR, 1979 Comp., p. 376. Regulatory Flexibility Act dated October 26, 1987. § 65.4 [Amended] The Associate Director, Mitigation 2. The tables published under the Directorate, certifies that this rule is authority of § 65.4 are amended as exempt from the requirements of the follows:
Dates and name of news- State and county Location paper where Chief executive officer of Effective date of Community notice was published community modification No.
Connecticut: Fair- Town of Darien .... September 12, 1996, Sep- Mr. Hank Sanders, First Selectman of September 5, 090005 D field (FEMA tember 19, 1996, the Town of Darien, 2 Renshaw 1996. Docket No. Darien News-Review. Road, Town Hall, Darien, Connecti- 7197). cut 06820. Florida: Pinellas Town of Belleair ... November 25, 1996, De- The Honorable Stephen G. Watts, November 18, 125088 B (FEMA cember 2, 1996, St. Pe- Mayor of the Town of Belleair, 901 1996. Docket No. tersburg Times. Ponce De Leon Boulevard, 7201). Belleair, Florida 34616±1096. Pinellas Unincorporated November 15, 1996, No- Mr. Fred E. Marquis, Pinellas County November 6, 1996 125139 D (FEMA Areas. vember 22, 1996, St. Administrator, 315 Court Street, Docket No. Petersburg Times. Clearwater, Florida 34616. 7201). Illinois: Cook and Village of Buffalo October 24, 1996, Octo- Mr. Sidney Mathias, Village Presi- October 16, 1996 170068 D Lake (FEMA Grove. ber 31, 1996, Daily Her- dent, 50 Raupp Boulevard, Munici- Docket No. ald. pal Building, Buffalo Grove, Illinois 7201). 60089. Cook (FEMA Village of July 18, 1996, July 25, Mr. Mark Stricker, Matteson Village February 1, 1996 170123 C Docket No. Matteson. 1996, The Matteson- President, 3625 West 215th Street, 7174). Richton Park Star. Matteson, Illinois 60443. Tazewell Village of Morton .. December 11, 1996, De- Robert D. Hertenstein, M.D., Presi- December 4, 1996 170652 D (FEMA cember 18, 1996, Taze- dent of the Village of Morton, Docket No. well News. Board of Trustees, P.O. Box 28, 7201). Morton, Illinois 61550±0028. Indiana: Johnson Unincorporated September 16, 1996, Sep- Mr. Alfred Chappel, Chairman of the September 9, 180111 C (FEMA Docket Areas. tember 23, 1996, Daily Johnson County Board of Commis- 1996. No. 7197). Journal. sioners, 86 West Court Street, Courthouse Annex Franklin, Indi- ana 46131. Maryland: Fred- Unincorporated September 30, 1996, Oc- Mr. Mark Hoke, President of the January 5, 1997 ... 240027 A erick (FEMA Areas. tober 7, 1996, Frederick Frederick County Board of Com- Docket No. Post. missioners, 12 East Church Street, 7201). Frederick, Maryland 21701. Minnesota: Anoka City of Centerville October 8, 1996, October The Honorable Thomas Wilharber, January 13, 1997 270008 (FEMA Docket 15, 1996, Quad Com- Mayor of the City of Centerville, No. 7201). munity Press. 1880 Main Street, Centerville, Min- nesota 55038. Mississippi: DeSoto City of Olive October 16, 1996, Octo- The Honorable D.M. Nichols, Mayor October 8, 1996 ... 280286 D County (FEMA Branch. ber 23, 1996, DeSoto of the City of Olive Branch, 9189 Docket No. County Tribune. East Pigeon Roost Avenue, Olive 7201). Branch, Mississippi 38654. 54392 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations
Dates and name of news- State and county Location paper where Chief executive officer of Effective date of Community notice was published community modification No.
North Carolina: Durham City of Durham ..... August 30, 1996, Septem- The Honorable Sylvia Kerckhoff, August 23, 1996 .. 370086 G (FEMA ber 6, 1996, The Her- Mayor of the City of Durham, 101 Docket No. ald-Sun. City Hall Plaza, Durham, North 7197). Carolina 27701. Edgecombe City of Rocky December 16, 1996, De- Mr. Stephen W. Raper, Rocky Mount December 9, 1996 370092 C and Nash Mount. cember 23, 1996, City Manager, P.O. Box 1180, (FEMA Rocky Mount Evening Rocky Mount, North Carolina Docket No. and Sunday Telegram. 27802±1180. 7201). Wake County Unincorporated December 11, 1996, De- Mr. Richard Y. Stevens, Wake Coun- December 4, 1996 370368 E (FEMA Areas. cember 18, 1996, The ty Manager, 336 Fayetteville Street, Docket No. News and Observer. P.O. Box 550, Raleigh, North Caro- 7201). lina 27602. Wilkes (FEMA North Wilkesboro November 25, 1996, De- Mr. James H. Bentley, Town Man- November 20, 370257 B Docket No. cember 2, 1996, Jour- ager, P.O. Box 218, North 1996. 7201). nal Patriot. Wilkesboro, North Carolina 28659. Ohio: Franklin City of Dublin ...... November 14, 1996, No- Mr. Tim Hansley, City of Dublin Man- November 7, 1996 390673 G (FEMA vember 21, 1996, Co- ager, 6665 Kaufman Road, Dublin, Docket No. lumbus Dispatch. Ohio 43017. 7201). Summit City of Hudson ..... August 28, 1996, Septem- The Honorable Harold L. Bayleff, August 22, 1996 .. 390660 B (FEMA ber 4, 1996, Hudson Mayor of the City of Hudson, 27 Docket No. Hub. East Main Street, Hudson, Ohio 7197). 44236. South Carolina: Greenville Unincorporated December 9, 1996, De- Mr. Gerald Seals, Greenville County December 2, 1996 450089 B County Areas. cember 16, 1996, The Administrator, 301 University (FEMA Greenville News. Ridge, Suite 100, Greenville, South Docket No. Carolina 29601. 7201). Lancaster City of Lancaster .. September 27, 1996, Oc- The Honorable Robert Mobley, Mayor September 5, 450121 B (FEMA tober 4, 1996, The Lan- of the City of Lancaster, P.O. Box 1996. Docket No. caster News. 1149, Lancaster, South Carolina 7201). 29721. Tennessee: Shelby City of Memphis ... June 14, 1996, June 21, The Honorable W.W. Harrenton, September 19, 470177 E (FEMA Docket 1996, The Commercial Mayor of the City of Memphis, 125 1996. No. 7191). Appeal. North Main Street, Memphis, Ten- nessee 38103. Virginia: Stafford Unincorporated July 23, 1996, July 30, Mr. C.M. Williams, Jr., Stafford Coun- October 28, 1996 510154 D (FEMA Docket Areas. 1996, Free Lance-Star. ty Administrator, 1300 Courthouse No. 7201). Road, P.O. Box 339, Stafford, Vir- ginia 22555±0339.
(Catalog of Federal Domestic Assistance No. communities listed below. The base community. The respective addresses 83.100, ‘‘Flood Insurance.’’) flood elevations and modified base are listed in the table below. Dated: October 9, 1997. flood elevations are the basis for the FOR FURTHER INFORMATION CONTACT: Michael J. Armstrong, floodplain management measures that Frederick H. Sharrocks, Jr., Chief, Associate Director for Mitigation. each community is required either to Hazard Identification Branch, Mitigation [FR Doc. 97–27710 Filed 10–17–97; 8:45 am] adopt or to show evidence of being Directorate, 500 C Street SW., BILLING CODE 6718±03±P already in effect in order to qualify or Washington, DC 20472, (202) 646–2796. remain qualified for participation in the National Flood Insurance Program SUPPLEMENTARY INFORMATION: The FEDERAL EMERGENCY (NFIP). Federal Emergency Management Agency MANAGEMENT AGENCY (FEMA or Agency) makes final EFFECTIVE DATES: The date of issuance of determinations listed below of base the Flood Insurance Rate Map (FIRM) 44 CFR Part 67 flood elevations and modified base showing base flood elevations and flood elevations for each community Final Flood Elevation Determinations modified base flood elevations for each listed. The proposed base flood community. This date may be obtained elevations and proposed modified base AGENCY: Federal Emergency by contacting the office where the maps flood elevations were published in Management Agency (FEMA). are available for inspection as indicated newspapers of local circulation and an on the table below. ACTION: Final rule. opportunity for the community or ADDRESSES: The final base flood individuals to appeal the proposed SUMMARY: Base (1% annual chance) elevations for each community are determinations to or through the flood elevations and modified base available for inspection at the office of community was provided for a period of flood elevations are made final for the the Chief Executive Officer of each ninety (90) days. The proposed base Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations 54393 flood elevations and proposed modified PART 67Ð[AMENDED] #Depth in base flood elevations were also feet above ground. published in the Federal Register. 1. The authority citation for part 67 Source of flooding and location *Elevation continues to read as follows: in feet This final rule is issued in accordance (NGVD) with section 110 of the Flood Disaster Authority: 42 U.S.C. 4001 et seq.; Protection Act of 1973, 42 U.S.C. 4104, Reorganization Plan No. 3 of 1978, 3 CFR, Maps available for inspection and 44 CFR part 67. 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, at the Village Hall, 1115 3 CFR, 1979 Comp., p. 376. Crystal Lake Road, Lake-In- The Agency has developed criteria for The-Hills, Illinois. floodplain management in floodprone § 67.11 [Amended] INDIANA areas in accordance with 44 CFR part 2. The tables published under the 60. authority of § 67.11 are amended as Peru (City), Miami County Interested lessees and owners of real follows: (FEMA Docket No. 7223) property are encouraged to review the Prairie Ditch: proof Flood Insurance Study and Flood #Depth in Approximately 0.8 mile down- Insurance Rate Map available at the feet above stream of North Broadway Source of flooding and location ground. Street ...... *646 address cited below for each *Elevation At downstream side of in feet community. (NGVD) Lovers Lane (upstream The base flood elevations and corporate limits) ...... *671 CONNECTICUT Shallow Flooding Area: modified base flood elevations are made Approximately 800 feet south final in the communities listed below. Wilton (Town), Fairfield of Lovers Lane, approxi- Elevations at selected locations in each County (FEMA Docket No. mately 400 feet east of community are shown. 7219) Chili Street, approximately 1,000 feet north of Har- West Branch Saugatuck River: rison Avenue ...... *2 National Environmental Policy Act Approximately 840 feet up- stream of Westport/Wilton Maps available for inspection This rule is categorically excluded corporate limits ...... *95 at the Miami County Court- from the requirements of 44 CFR Part Approximately 800 feet up- house, Room 102, Corner of stream of Route 53 (Cedar Main and Broadway Streets, 10, Environmental Consideration. No Peru, Indiana. environmental impact assessment has Road) ...... *159 Maps available for inspection MISSISSIPPI been prepared. at the Inland Wetland Com- Regulatory Flexibility Act mission, Wilton Town Hall Canton (City), Madison Annex, 238 Danbury Road, County (FEMA Docket No. The Associate Director, Mitigation Wilton, Connecticut. 7164) Directorate, certifies that this rule is FLORIDA Bear Creek: exempt from the requirements of the Approximately 200 feet up- Regulatory Flexibility Act because final Century (City), Escambia stream of Fulton Street (State Highway 22) ...... *219 or modified base flood elevations are County (FEMA Docket No. 7199) Approximately 340 feet up- required by the Flood Disaster Escambia River: stream of Illinois Central Protection Act of 1973, 42 U.S.C. 4104, Approximately 3.0 miles Railroad ...... *221 and are required to establish and downstream of State Route Maps available for inspection maintain community eligibility in the 4 ...... *56 at the City Hall, 226 East At State Route 4 ...... *59 Peace Street, Canton, Mis- National Flood Insurance Program. No sissippi. regulatory flexibility analysis has been Maps available for inspection at the Century Town Hall, ÐÐÐ prepared. 7995 North Century Boule- Madison County (Unincor- Regulatory Classification vard, Century, Florida. porated Areas) (FEMA ÐÐÐ Docket No. 7164) This final rule is not a significant Pensacola BeachÐSanta Bear Creek: regulatory action under the criteria of Rosa Island Authority At State Highway 22 ...... *219 section 3(f) of Executive Order 12866 of (Escambia County) (FEMA At Illinois Central Railroad .... *221 Docket No. 7199) Maps available for inspection September 30, 1993, Regulatory Gulf of Mexico: at the Madison County Office Planning and Review, 58 FR 51735. At the intersection of Bulevar and Chancery Court Building, Mayor and Ensenada Siete *11 146 West Center Street, Executive Order 12612, Federalism Maps available for inspection Canton, Mississippi. This rule involves no policies that at the Santa Rosa Island Au- thority, 1 Viva De Luna, Pen- New York have federalism implications under sacola Beach, Florida. Executive Order 12612, Federalism, Yonkers (City), Westchester ILLINOIS County (FEMA Docket No. dated October 26, 1987. 7219) Executive Order 12778, Civil Justice Lake-In-The-Hills (Village), Saw Mill River: Reform McHenry County (FEMA Approximately 1,420 feet Docket No. 7164) downstream of Ashburton This rule meets the applicable Woods Creek: Avenue ...... *95 standards of section 2(b)(2) of Executive Just downstream of Huntley Approximately 0.4 mile up- Algonquin Road ...... *782 stream of Hearst Street ..... *115 Order 12778. Just upstream of Huntley Crestwood Lake: Administrative practice and Algonquin Road ...... *850 Entire shoreline ...... *161 procedure, Flood insurance, Reporting Kishwaukee Creek: Maps available for inspection and recordkeeping requirements. At State Route 47 ...... *859 at the Engineering Depart- Approximately 0.63 mile up- ment, Room 313, Yonkers Accordingly, 44 CFR part 67 is stream of Huntley Crystal City Hall, Yonkers, New York. amended as follows: Lake Road ...... *872 54394 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations
#Depth in #Depth in #Depth in feet above feet above feet above ground. ground. ground. Source of flooding and location *Elevation Source of flooding and location *Elevation Source of flooding and location *Elevation in feet in feet in feet (NGVD) (NGVD) (NGVD) North Carolina Approximately 225 feet south Maps available for inspection of the intersection of 14th at the Surf City Town Hall, Brevard (City), Transylvania Avenue and Ocean Boule- 214 North New River Drive, County (FEMA Docket No. vard (SR 1583) ...... *19 Surf City, North Carolina. 7223) Just north of the intersection ÐÐÐÐ of Gray Street and North Confluence with Davidson River *2,113 Topsail Beach (Town), Divergence from Davidson Carolina State Route 210 .. *11 Stump Sound/Intracoastal Wa- Pender County (FEMA River ...... *2,123 Docket No. 7219) Davidson River: terway: Confluence with French Approximately 0.7 mile north Atlantic Ocean: Broad River ...... *2,103 of the intersection of Sand Approximately 350 feet Downstream side of U.S. Piper Drive and New River southeast of the intersec- Highway 64/276 Eastbound *2,124 Inlet Road ...... *13 tion of Clark Avenue and French Broad River: Approximately 0.5 mile north- NC State Route 1554 ...... *20 Approximately 400 feet east of confluence of Nor- At intersection of Humphrey downstream of confluence mans Creek and Old Avenue and Shore Drive ... *13 of Davidson River ...... *2,103 Sound Channel ...... *11 Topsail Sound: Approximately 0.53 mile up- Maps available for inspection Approximately 700 feet west stream of confluence of at the North Topsail Beach of the intersection of Shore Unnamed Tributary to Town Hall, 2008 Loggerhead Line Drive and Godwin Av- French Broad River ...... *2,124 Court, North Topsail Beach, enue along Shoreline Drive *13 Lamb Creek: North Carolina. Approximately 450 feet north- Confluence with French ÐÐÐ west of intersection of Broad River ...... *2,104 Fields Avenue and Shore North Wilkesboro (Town), Drive ...... *10 Approximately 1,630 feet up- Wilkes County (FEMA stream of Lambs Creek Docket No. 7221) Maps available for inspection Road ...... *2,251 at the Topsail Beach Town Yadkin River: Hall, 820 South Anderson Lambo Creek: Approximately 2.3 miles Confluence with French Boulevard, Topsail Beach, downstream of confluence North Carolina. Broad River ...... *2,104 with Reddies River ...... *957 At footbridge dam ...... *2,184 Approximately 1.4 miles up- OHIO Nicholson Creek: stream of confluence with Confluence with French Reddies River ...... *967 Butler County (Unincor- Broad River ...... *2,116 Reddies River: Approximately 25 feet down- porated Areas) (FEMA At confluence with Yadkin Docket No. 7221) stream of Southern Rail- River ...... *963 way ...... *2,149 Approximately 2,950 feet up- Mill Creek: King Creek: stream of confluence with At East Crescentville Road ... *585 Confluence with French Yadkin River ...... *969 Approximately 0.9 mile up- Broad River ...... *2,105 Tributary M±1: stream of Tylersville Road *628 Approximately 1,430 feet up- Approximately 375 feet East Fork Mill Creek: stream of Mill Brook Drive *2,266 downstream of confluence At East Crescentville Road ... *586 Long Branch: with Tributary M±1±1 ...... *1,065 Approximately 1,450 feet up- Confluence with King Creek *2,139 Approximately 225 feet up- stream of Station Road ..... *661 Approximately 600 feet stream of confluence with Tributary to East Fork Mill downstream of Southern Tributary M±1±1 ...... *1,075 Creek: Railway ...... *2,143 Tributary Y±1: At confluence with East Fork Unnamed Tributary to Davidson From confluence with Yadkin Mill Creek ...... *602 River: River ...... *959 Approximately 1,900 feet up- Confluence with Davidson Approximately 750 feet up- stream of Dimmick Road *655 River ...... *2,108 stream of confluence with Gregory Creek: Approximately 260 feet up- Yadkin River *959 Approximately 1,680 feet stream Southern Railway Maps available for inspection downstream of Hamilton Spur ...... *2,109 at the North Wilkesboro Mason Road ...... *703 Gilbreath Branch: Town Hall, 801 Main Street, Approximately 1,120 feet up- Confluence with Lambo North Wilkesboro, North stream of Shawnee Lane .. *737 Creek ...... *2,105 Carolina. Maps available for inspection Approximately 320 feet ÐÐÐ at the Butler County Adminis- downstream Old U.S. High- trative Center, 130 High way 64 ...... *2,107 Surf City (Town), Pender Street, 3rd Floor, Hamilton, Unnamed Tributary to French and Onslow Counties Ohio. (FEMA Docket No. 7219) Broad River: ÐÐÐ Confluence with French Atlantic Ocean: Broad River ...... *2,124 Approximately 250 feet south Franklin County (Unincor- Approximately 620 feet of the intersection of NC porated Areas) (FEMA downstream Country Club 50 and Reachwood Drive .. *19 Docket No. 7215) Road ...... *2,128 At intersection of Goldsboro Georges Creek Overland Flow: Maps available for inspection Avenue and New River At confluence with Georges at the City of Brevard Plan- Drive ...... *11 Creek ...... *747 ning Department, 151 West Topsail Sound: Approximately 2,080 feet up- Main Street, Brevard, North Approximately 1,250 feet stream of confluence with Carolina. northwest of the intersec- Georges Creek ...... *752 ÐÐÐ tion of Pender Avenue and Maps available for inspection Shore Drive ...... *12 at the Franklin County Zoning North Topsail Beach (Town), Approximately 1,400 feet Department, 373 South High Onslow County (FEMA northwest of the intersec- Street, 15th Floor, Columbus, Docket No. 7219) tion of NC 50 and Ohio. Atlantic Ocean: Reachwood Drive ...... *9 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations 54395
#Depth in #Depth in #Depth in feet above feet above feet above ground. ground. ground. Source of flooding and location *Elevation Source of flooding and location *Elevation Source of flooding and location *Elevation in feet in feet in feet (NGVD) (NGVD) (NGVD) PENNSYLVANIA At confluence with Schuylkill TENNESSEE River ...... *407 Castanea (Township), Clin- Approximately 600 feet up- Jackson (City), Madison ton County (FEMA Docket stream of Broad Street ...... *407 County (FEMA Docket No. No. 7215) Maps available for inspection 7215) West Branch Susquehanna at the Port Clinton Borough South Fork of Forked Deer River: Fire Hall, Broad Street, Port River: At confluence of Bald Eagle Clinton, Pennsylvania. Approximately 1,200 feet Creek ...... *564 ÐÐÐ downstream of U.S. Route Approximately 140 feet up- Shoemakersville (Borough), 70 ...... *346 stream of Constitution Berks County (FEMA Approximately 1,200 feet up- Street ...... *566 Docket No. 7172) stream of the confluence of Bald Eagle Creek: Jones Creek ...... *357 At confluence with West Schuylkill River: Cane Creek: Branch Susquehanna River *564 Approximately 1,050 feet At the confluence with South Approximately 1,750 feet up- downstream of confluence Fork of Forked Deer River *355 stream of upstream CON- of Pigeon Creek ...... *308 Approximately 200 feet RAIL bridge ...... *567 Approximately 3,580 feet up- downstream of Hicks Ponding Areas: stream of Miller Street ...... *315 Street ...... *356 On west side of U.S. High- Tributary No. 2 to Schuylkill Anderson Branch: River: way 220 approximately 0.5 At confluence with Schuylkill At the confluence with South mile south of U.S. Highway River ...... *314 Fork of Forked Deer River *356 220 overpass over Jay Approximately 100 feet Approximately 0.9 mile up- Street ...... *550 downstream of Private stream of Lexington Street *414 Approximately 2,000 feet Lane ...... *347 Bond Creek: northeast of the CONRAIL At the confluence with South crossing over Bald Eagle Maps available for inspection Fork of Forked Deer River *356 Creek ...... *564 at the Shoemakersville Bor- Approximately 375 feet ough Office, 242 Main Street, Maps available for inspection downstream of Perry Shoemakersville, Pennsylva- Switch Road ...... *356 at the Castanea Municipal nia. Building, 347 Nittany Road, Meridian Creek: Castanea, Pennsylvania. ÐÐÐ At the confluence with South ÐÐÐ Winslow (Township), Jeffer- Fork of Forked Deer River *357 son County (FEMA Docket Approximately 250 feet Heidelberg (Township), No. 7219) downstream of Illinois Berks County (FEMA Central Railroad ...... *357 Docket No. 7195) Soldier Run: Downstream corporate limits *1,376 Moize Creek: Tulpehocken Creek: Upstream corporate limits ..... *1,482 Approximately 900 feet up- Approximately 270 feet Maps available for inspection stream of Old Humboldt downstream of U.S. 422 .... *359 at the Winslow Township Mu- Road ...... *402 Downstream side of U.S. 422 *359 nicipal Building, R.D. 1, Approximately 0.78 mile up- Furnace Creek No. 2: Reynoldsville, Pennsylvania. stream of Glen Echo Road *436 Approximately 175 feet Bayberry Creek: downstream of upstream ÐÐÐ Approximately 0.5 mile up- corporate limits ...... *505 Wyomissing (Borough), stream of the confluence At upstream corporate limits *508 Berks County (FEMA with South Fork of Forked Maps available for inspection Docket No. 7172) Deer River ...... *345 at the Heidelberg Township Schuylkill River: At Old Hickory Boulevard ...... *424 Building, 373 Charming Approximately 1,200 feet up- Maps available for inspection Forge Road, Robesonia, stream of Buttonwood at the Jackson City Planning Pennsylvania. Street ...... *212 Department, 111 North ÐÐÐ Approximately 40 feet down- Church Street, Jackson, Ten- stream of confluence of Landingville (Borough), nessee. Tulpehocken Creek ...... *213 ÐÐÐ Schuylkill County (FEMA Lauers Run: Docket No. 7172) At downstream side of Old Madison County (Unincor- Schuylkill River: Mill Road ...... *254 porated Areas) (FEMA Approximately 750 feet Approximately 25 feet down- Docket No. 7215) downstream of CONRAIL .. *476 stream of downstream end Matthews Creek: Approximately 1,830 feet up- of Lauer's Lane culvert ...... *265 At confluence with Middle stream of Main Street ...... *490 Tributary No. 1 to Lauers Run: Fork of Forked Deer River *344 Maps available for inspection At confluence with Lauers Approximately 0.61 mile up- at the Landingville Planning Run ...... *261 stream of John Smith Road *410 and Zoning Department, 401 Tributary No. 2 to Lauers Run: Deloach Creek: North 2nd Street, Pottsville, At confluence with Lauers Approximately 250 feet Pennsylvania. Run ...... *262 downstream of Illinois Wyomissing Creek: ÐÐÐ Central Railroad ...... *346 Approximately 2,000 feet At McClellan Road ...... *416 Port Clinton (Borough), downstream of Wyomissing Moize Creek: Schuylkill County (FEMA Boulevard ...... *220 Approximately 250 feet Docket No. 7172) Approximately 1,300 feet downstream of Illinois Schuylkill River: downstream of Wyomissing Central Railroad ...... *350 Approximately 550 feet Boulevard ...... *227 At the upstream side of Old downstream of confluence Maps available for inspection Humboldt Road ...... *399 of Little Schuylkill River ..... *406 at the Wyomissing Borough Turkey Creek: Approximately 0.7 mile up- Hall, 22 Reading Boulevard, Approximately 700 feet stream of CONRAIL ...... *412 Wyomissing, Pennsylvania. downstream of Mason Little Schuylkill River: Road ...... *357 54396 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations
#Depth in #Depth in #Depth in feet above feet above feet above ground. ground. ground. Source of flooding and location *Elevation Source of flooding and location *Elevation Source of flooding and location *Elevation in feet in feet in feet (NGVD) (NGVD) (NGVD) At county boundary 2.2 miles ÐÐÐ Maps available for inspection upstream of U.S. Road Medon (Town), Madison at the Eau Claire City Hall, 45E ...... *393 County (FEMA Docket No. Inspection Service Office, Dyer Creek: 7215) 203 South Farwell Street, Approximately 0.84 mile Eau Claire, Wisconsin. downstream of the Florida Sandy Creek: Steel Railroad ...... *359 Approximately 375 feet (Catalog of Federal Domestic Assistance No. downstream of the con- At Christmasville Road ...... *444 83.100, ‘‘Flood Insurance.’’) South Fork of Forked Deer fluence of Sandy Creek River: Tributary ...... *430 Dated: October 9, 1997. At Westover Road ...... *348 Approximately 1,375 feet up- Michael J. Armstrong, stream of Bowman Collins Approximately 1.1 miles up- Associate Director for Mitigation. stream of U.S. Route 45 Road ...... *434 (South Highland Avenue) .. *357 Maps available for inspection [FR Doc. 97–27711 Filed 10–17–97; 8:45 am] Johnson Creek (South Fork at the Medon City Hall, 20 BILLING CODE 6718±04±P Basin): College Street, Medon, Ten- Approximately 950 feet nessee. downstream of Lower Brownsville Road ...... *343 WISCONSIN FEDERAL MARITIME COMMISSION At downstream side of Mt. Pinson Road ...... *424 Chippewa County (Unincor- 46 CFR Part 586 North Fork of South Fork of porated Areas) (FEMA Forked Deer River: Docket Nos. 7199 and [Docket No. 96±20] Approximately 350 feet 7215) downstream of Range Chippewa River: Port Restrictions and Requirements in Road (State Route 8241) .. *378 Downstream county bound- the United States/Japan Trade At county boundary ...... *388 ary ...... *804 Jones Creek: Approximately 6,250 feet up- AGENCY: Federal Maritime Commission. Approximately 1,500 feet stream of upstream City of ACTION: Petition for amendment to final downstream of Illinois Chippewa Falls corporate rule; denial. Central Railroad ...... *366 limits ...... *853 Approximately 650 feet downstream of Bendix Maps available for inspection SUMMARY: The Federal Maritime Drive ...... *390 at the Chippewa County Commission is denying a request Dry Branch: Courthouse, 711 North Bridge Street, Chippewa submitted by Japanese liner shipping Entire shoreline of impound- companies that per-voyage fees owed to ment behind Johnson Falls, Wisconsin. Creek Watershed Dam No. ÐÐÐ the agency pursuant to the final rule in 5 ...... *476 Chippewa Falls (City), Chip- this proceeding be made payable to Little Johnson Creek: pewa County (FEMA escrow accounts, rather than to the Entire shoreline of impound- Docket Nos. 7199 and Commission directly. ment behind Johnson 7215) ADDRESSES: Requests for publicly Creek Watershed Dam No. Chippewa River: 10 ...... *478 available information or additional Hart Creek: Approximately 1 mile down- stream of U.S. Highway 53 *821 filings should be addressed to: Joseph C. Entire shoreline of impound- Polking, Secretary, Federal Maritime ment behind Johnson Approximately 3.2 miles up- Creek Watershed Dam No. stream of Soo Line Rail- Commission, 800 North Capitol Street, 4 ...... *465 road ...... *852 N.W., Washington, D.C. 20573, (202) Lackey Creek: Maps available for inspection 523–5725. at the Chippewa Falls City Entire shoreline of impound- FOR FURTHER INFORMATION CONTACT: ment behind Johnson Hall, Inspection Department, Creek Watershed Dam No. 30 West Central Street, Chip- Thomas Panebianco, General Counsel, 7 ...... *436 pewa Falls, Wisconsin. Federal Maritime Commission, 800 Sandy Creek: ÐÐÐ North Capitol Street, N.W., Washington, At county boundary ...... *396 Eau Claire (City), Chippewa D.C. 20573, (202) 523–5740. Approximately 1.86 miles up- and Eau Claire Counties SUPPLEMENTARY INFORMATION: The stream of Bowman-Collins (FEMA Docket No. 7219) Road ...... *492 Commission’s final rule in this Brown Creek: Chippewa River: proceeding (62 FR 9696, amended 62 FR At the confluence with North At Interstate 94 ...... *773 18532 and 62 FR 18533) assessing per- Fork of South Fork of Upstream corporate limits ..... *806 Forked Deer River ...... *367 Sherman Creek: voyage fees on Japanese liner shipping Approximately 1.14 miles up- Confluence with Chippewa companies in response to longstanding stream of Beech Bluff River ...... *776 restrictive and unfavorable requirements Road ...... *382 Approximately 1.0 mile up- for the use of Japanese ports become Sandy Creek Tributary: stream of Menomonie effective on September 4, 1997. Under At the confluence with Sandy Street ...... *808 Creek ...... *432 Eau Claire River: the rule, Japanese shipping lines are Approximately 850 feet up- At the confluence with Chip- scheduled to make their first payment of stream of Collins Road ...... *455 pewa River ...... *782 fees, covering the month of September, Maps available for inspection Approximately 1,150 feet up- on October 15. at the Madison County Com- stream of South Dewey On October 7, 1997, the Japanese missioner's office building, Street ...... *783 Madison County Courthouse, carriers submitted a letter requesting 100 East Main Street, Jack- that the Commission ‘‘consider son, Tennessee 38301. alternative ways and means by which Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations 54397 the Carriers could fulfill their payment DEPARTMENT OF COMMERCE increased by a reallocation of the obligations.’’ Specifically, the Japanese projected unused amount of the trawl lines urged that the Commission require National Oceanic and Atmospheric catcher/processor allocation to 65,450 that the carriers establish escrow Administration mt (62 FR 51609, October 2, 1997). The accounts and pay the fees into these Administrator, Alaska Region, NMFS 50 CFR Part 679 accounts, rather than paying them (Regional Administrator), has directly to the Commission. The carriers [Docket No. 961107312±7021±02; I.D. established a directed fishing allowance further requested that the Commission 101497A] of 64,450 mt, and set aside the take any other steps to ‘‘accomplish the remaining 1,000 mt as bycatch to Fisheries of the Exclusive Economic objectives of this request.’’ As the relief support other anticipated groundfish Zone Off Alaska; Pacific Cod by Trawl fisheries. The fishery for Pacific cod by sought by the Japanese lines would Catcher Vessels in the Bering Sea and involve changing the payment trawl catcher vessels in the BSAI was Aleutian Islands closed to directed fishing under procedures set forth in the final rule, the §§ 679.20(d)(1)(iii) on April 29, 1997, Commission has determined to treat the AGENCY: National Marine Fisheries (62 FR 24508, May 2, 1997). letter as a petition for amendment of the Service (NMFS), National Oceanic and NMFS has determined that as of final rule, which would have been the Atmospheric Administration (NOAA), Commerce. September 29, 1997, 2,432 mt remain in appropriate pleading in this instance. the directed fishing allowance. ACTION: Copies of the request were served on Modification of a closure. Therefore, NMFS is terminating the other participants in this proceeding; no SUMMARY: NMFS is opening directed previous closure and is opening comments or responses were received fishing for Pacific cod by trawl catcher directed fishing for Pacific cod by trawl from any party. vessels in the Bering Sea and Aleutian catcher vessels in the BSAI. In their request for alternative Islands management area (BSAI). This Classification payment arrangements, the Japanese action is necessary to fully utilize the carriers have failed to cite any material total allowable catch (TAC) of Pacific All other closures remain in full force improvements or reforms in the cod in that area. and effect. This action responds to the best available information recently unfavorable Japanese port conditions DATES: Effective 1200 hrs, Alaska local obtained from the fishery. It must be that are the subject of this proceeding. time (A.l.t.), October 15, 1997, until Indeed, the Commission is unaware of implemented immediately in order to 2400 hrs, A.l.t., December 31, 1997. allow full utilization of the Pacific cod any such progress since it last FOR FURTHER INFORMATION CONTACT: TAC. Providing prior notice and suspended the final rule in April. Andrew N. Smoker, 907–586–7228. opportunity for public comment for this Accordingly, we find no basis for SUPPLEMENTARY INFORMATION: The action is impracticable and contrary to altering the collection procedures set groundfish fishery in the BSAI exclusive the public interest. Further delay would forth in the final rule to postpone or economic zone is managed by NMFS only disrupt the FMP objective of redirect the payment of the fees. The according to the Fishery Management providing a portion of the Pacific cod Commission appreciates concerns raised Plan for Groundfish of the Bering Sea TAC for trawl catcher vessels in the by the Japanese lines regarding the and Aleutian Islands Area (FMP) BSAI. NMFS finds for good cause that complexity of the matters at issue; prepared by the North Pacific Fishery the implementation of this action however, the Government of Japan has Management Council under authority of cannot be delayed for 30 days. had ample opportunity to develop and the Magnuson-Stevens Fishery Accordingly, under 5 U.S.C. 553(d), a implement necessary improvements. It Conservation and Management Act. delay in the effective date is hereby has not, to date, done so. Fishing by U.S. vessels is governed by waived. The Japanese carriers’ request for regulations implementing the FMP at This action is required by §§ 679.20 alternative payment arrangements is subpart H of 50 CFR part 600 and 50 and is exempt from review under E.O. denied. CFR part 679. 12866. In accordance with §§ 679.20 Authority: 16 U.S.C. 1801 et seq. By the Commission. (a)(7)(i)(B), the portion of the Pacific cod Joseph C. Polking, TAC allocated to trawl catcher vessels Dated: October 14, 1997. Secretary. in the BSAI was established as 63,450 Bruce C. Morehead, [FR Doc. 97–27668 Filed 10–17–97; 8:45 am] metric tons (mt) by the Final 1997 Acting Director, Office of Sustainable Harvest Specifications for Groundfish Fisheries, National Marine Fisheries Service. BILLING CODE 6730±01±M (62 FR 7168, February 18, 1997). The [FR Doc. 97–27736 Filed 10–15–97; 3:26 pm] trawl catcher vessel portion was BILLING CODE 3510±22±U 54398
Proposed Rules Federal Register Vol. 62, No. 202
Monday, October 20, 1997
This section of the FEDERAL REGISTER anthrax spores. The regulation also In the Federal Register of June 12, contains notices to the public of the proposed directed medical officers to sample 1989 (54 FR 24890), FDA issued a final issuance of rules and regulations. The brushes from each shipment, subject rule amending various regulations to purpose of these notices is to give interested them to laboratory analysis, and to issue correct outdated cross-references and persons an opportunity to participate in the a certificate if the shipment appeared to typographical errors and to make other rule making prior to the adoption of the final rules. be free of spores. If the shipment corrections. This rule revised § 1240.70, contained anthrax spores, the shipment without explanation, to eliminate the would be denied entry into the United reference to 42 CFR 71.151. Yet, in all DEPARTMENT OF HEALTH AND States. other respects, § 1240.70 has remained HUMAN SERVICES The Federal Security Agency was essentially unchanged since 1949. abolished in a reorganization in 1953, Recently, FDA has been reexamining Food and Drug Administration and its functions were transferred to the its regulations to determine whether any then newly-created Department of are obsolete or no longer necessary. One 21 CFR Part 1240 Health, Education, and Welfare. The regulation that caught the agency’s [Docket No. 97N±0418] department later became the attention is § 1240.70. The agency is Department of Health and Human unaware of any reliance on the lather Revocation of Lather Brushes Services. brush requirements in this regulation or of any current concerns associated with Regulation 42 CFR 72.21, which applied lather brushes. Additionally, CDC’s AGENCY: Food and Drug Administration, primarily to lather brushes decision to remove 42 CFR 71.151 HHS. manufactured in the United States, because no case of cutaneous anthrax in established specific treatment, ACTION: Proposed rule. the United States has been associated sterilization, handling, storage, and with lather brushes since 1930 suggests SUMMARY: The Food and Drug marking requirements for these that § 1240.70 also is no longer Administration (FDA) is proposing to products; and it required that persons necessary to protect the public health. revoke its regulation pertaining to the engaged in processing or handling of Consequently, FDA is proposing to treatment, sterilization, handling, hair or bristles for use in lather brushes, revoke this regulation. storage, marking, and inspection of as well as persons manufacturing lather lather brushes. FDA is proposing to brushes, permit inspections by II. Analysis of Impacts revoke this regulation because it has authorized representatives of the FDA has examined the impacts of the tentatively concluded that the Surgeon General. The rule was proposed rule under Executive Order regulation is no longer necessary to transferred, without change, from title 12866 and the Regulatory Flexibility Act protect the public health. 42 to title 21 of the Code of Federal (5 U.S.C. 601–612). Executive Order DATES: Written comments by January 5, Regulations on February 6, 1975 (40 FR 12866 directs agencies to assess all costs 1998. 5620), and, as a result, became § 1240.70 and benefits of available regulatory (21 CFR 1240.70). ADDRESSES: Submit written comments alternatives and, when regulation is to the Dockets Management Branch In the Federal Register of August 9, necessary, to select regulatory (HFA–305), Food and Drug 1983 (48 FR 36143 at 36144), the approaches that maximize net benefits Administration, 12420 Parklawn Dr., Centers for Disease Control (CDC), now (including potential economic, rm. 1–23, Rockville, MD 20857. known as the Centers for Disease environmental, public health and safety, Control and Prevention, proposed to and other advantages). The agency FOR FURTHER INFORMATION CONTACT: revoke various foreign quarantine believes that this proposed rule is Philip L. Chao, Policy Development and regulations, including 42 CFR 71.151. consistent with the principles identified Coordination Staff (HF–23), Food and The preamble to that proposal explained in the Executive Order. In addition, the Drug Administration, 5600 Fishers that: proposed rule is not a significant Lane, Rockville, MD 20857, 301–827– The proposed regulations will no longer regulatory action as defined by the 3380. require lather brushes made from animal hair Executive Order. SUPPLEMENTARY INFORMATION: or bristles, imported into the United States, The Regulatory Flexibility Act to carry identifying markings or to be I. Background requires agencies to analyze regulatory certified as treated and stored to prevent options that would minimize any In the Federal Register of January 19, possible contamination with spores of significant impact of a rule on small 1949 (14 FR 278), the Federal Security Bacillus anthracis. No case of cutaneous entities. The proposed rule, if finalized, anthrax in the United States has been Agency issued a regulation to prohibit would eliminate certain manufacturing ‘‘interstate traffic’’ in lather brushes associated with lather brushes since 1930, and the continuation of existing requirements requirements for lather brushes. unless the brushes complied with 42 is unnecessary to protect the public health. Consequently, the proposed rule would CFR 71.151 or with certain requirements Should the importation of anthrax in lather not impose any additional regulatory in 42 CFR 72.21. 42 CFR 71.151 barred brushes become a threat to public health in burdens on small entities, and so, under importation of lather brushes made from the future, inspection and control measures the Regulatory Flexibility Act, no animal hair or bristles, unless the authorized under provisions of the further analysis is required. brushes were permanently marked with regulations will be implemented. the manufacturer’s name or identifying CDC revoked 42 CFR 71.151 on January III. Environmental Impact mark and a U.S. medical officer had 11, 1985 (50 FR 1516), without any The agency has determined under 21 determined that the brushes were free of further discussion. CFR 25.30(h) that this action is of a type Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Proposed Rules 54399 that does not individually or sponsored by HUD to develop the and file written statements with the cumulatively have a significant effect on regulations necessary to carry out the Committee for its consideration. Written the human environment. Therefore, Native American Housing Assistance statements should be submitted to the neither an environmental assessment and Self-Determination Act of 1996 address listed in the FOR FURTHER nor an environmental impact statement (NAHASDA) (Pub. L. 104–330, INFORMATION section of this notice. is required. approved October 30, 1996). Summaries of Committee meetings will DATES: be available for public inspection and IV. Request for Comments The meetings will be held on October 27, 28 and 29, 1997. The copying at the address in the same Interested persons may, on or before October 27 and 28, 1997 meetings will section. January 5, 1998, submit to the Dockets begin at approximately 8:30 a.m. and Dated: October 14, 1997. Management Branch (address above) end at approximately 5:00 p.m., local Kevin Emanuel Marchman, written comments regarding this time. The October 29, 1997 meeting will proposal. Two copies of any comments Acting Assistant Secretary for Public and begin at approximately 8:30 a.m. and Indian Housing. are to be submitted, except that end at approximately noon, local time. individuals may submit one copy. [FR Doc. 97–27674 Filed 10–17–97; 8:45 am] ADDRESS: The meetings will be held at BILLING CODE 4210±33±P Comments are to be identified with the the Loews L’Enfant Plaza Hotel, 480 docket number found in brackets in the L’Enfant Plaza East, SW, Washington, heading of this document. Received DC 20024; telephone 1–800–635–5065 DEPARTMENT OF THE TREASURY comments may be seen in the office or (202) 484–1000; FAX (202) 863–4497 above between 9 a.m. and 4 p.m., (With the exception of the ‘‘800’’ Bureau of Alcohol, Tobacco and Monday through Friday. telephone number, these are not toll-free Firearms List of Subjects in 21 CFR Part 1240 numbers). FOR FURTHER INFORMATION CONTACT: 27 CFR Part 9 Communicable diseases, Public Karen Garner-Wing, Acting Deputy health, Travel restrictions, Water RIN 1512±AA07 Assistant Secretary for Native American supply. Programs, Department of Housing and [Notice No. 856] Therefore, under the Federal Food, Urban Development, 1999 Broadway, Drug, and Cosmetic Act and under Establishment of the San Francisco Suite 3390, Denver, CO; telephone (303) authority delegated to the Commissioner Bay Viticultural Area and the 675–1600 (this is not a toll-free of Food and Drugs, it is proposed that Realignment of the Boundary of the number). Hearing or speech-impaired 21 CFR part 1240 be amended as Central Coast Viticultural Area (97± individuals may access this number via follows: 242) TTY by calling the toll-free Federal Information Relay Service at 1–800– ACTION: Notice of proposed rulemaking. PART 1240ÐCONTROL OF 877–8339. COMMUNICABLE DISEASES SUMMARY: The Bureau of Alcohol, SUPPLEMENTARY INFORMATION: The Tobacco and Firearms (ATF) has Secretary of HUD established the Native 1. The authority citation for 21 CFR received a petition proposing the American Housing Assistance & Self- part 1240 continues to read as follows: establishment of a viticultural area in Determination Negotiated Rulemaking Authority: 42 U.S.C. 216, 243, 264, 271. the State of California to be known as Committee (Committee) to negotiate and San Francisco Bay. The proposed area is § 1240.70 [Removed] develop a proposed rule implementing located mainly within five counties NAHASDA. The proposed rule was 2. Section 1240.70 Lather brushes is which border the San Francisco Bay and published on July 2, 1997 (62 FR 35718) removed. partly within two other counties. These and provided for a 45-day public counties are: San Francisco, San Mateo, Dated: October 10, 1997. comment period. The public comment Santa Clara, Alameda, Contra Costa, and William B. Schultz, deadline was August 18, 1997. Deputy Commissioner for Policy. The Committee met from August 22– partly in Santa Cruz and San Benito [FR Doc. 97–27694 Filed 10–17–97; 8:45 am] 29, 1997 in Denver, Colorado and from Counties. The proposed San Francisco Bay viticultural area encompasses BILLING CODE 4160±01±F September 21–26, 1997 in Arlington, Virginia to consider the public approximately 3,087 square miles total comments submitted on the proposed containing nearly 6,000 acres planted to rule. The Committee is meeting for a grapes and over 70 wineries. In DEPARTMENT OF HOUSING AND conjunction with the petition, ATF URBAN DEVELOPMENT final time to discuss issues left unresolved and to reach consensus on received a proposal to amend the 24 CFR Parts 1000, 1003, and 1005 the Committee’s final report to the boundaries of the current Central Coast Secretary of HUD. viticultural area to include the proposed [Docket No. FR±4170±N±14] The meeting dates are: October 27, 28, San Francisco Bay viticultural area. As the current boundaries already Native American Housing Assistance and 29 1997. The agenda planned for the meetings includes: (1) discussion of encompass part of the proposed San and Self-Determination Negotiated Francisco Bay viticultural area, Rulemaking Committee; Meetings the draft Committee report; (2) discussion of issues left unresolved; and approximately 1,278 square miles AGENCY: Office of the Assistant (3) approval of a final Committee report would be added to Central Coast with Secretary for Public and Indian for submission to the Secretary of HUD. an additional 3,027 acres planted to Housing, HUD. The meetings will be open to the grapes and 21 more wineries. DATES: ACTION: Negotiated Rulemaking public without advance registration. Written comments must be Committee meetings. Public attendance may be limited to the received by January 20, 1997. space available. Members of the public ADDRESSES: Send written comments to: SUMMARY: This notice announces the may make statements during the Chief, Wine, Beer, and Spirits final implementation meetings meetings, to the extent time permits, Regulations Branch, Bureau of Alcohol, 54400 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Proposed Rules
Tobacco and Firearms, P.O. Box 50221, (e) A copy (or copies) of the following questions raised by the Washington, DC 20091–0221 (Attn: appropriate U.S.G.S. map(s) with the petition: Notice No. 856). Copies of the petitions, boundaries prominently marked. (1) Is there sufficient evidence that the the proposed regulations, the name, ‘‘San Francisco Bay,’’ can be Petition for the Proposed San Francisco appropriate maps, and any written associated with regions south and east Bay Viticultural Area comments received will be available for of the bay such as Santa Clara Valley public inspection during normal ATF has received a petition from Mr. and Livermore? Do these regions have business hours at the ATF Reading Philip Wente, Vice President of Wente climatic or geographic differences with Room, Office of Public Affairs and Bros., proposing to establish a new other regions of the proposed area to Disclosure, Room 6480, 650 viticultural area in Northern California such a degree that they cannot be Massachusetts Avenue, NW, to be known as San Francisco Bay. The considered as one viticultural area? Washington, DC., 20226. proposed San Francisco Bay viticultural (2) Does the evidence support FOR FURTHER INFORMATION CONTACT: area is located mainly within five exclusion from the proposed viticultural David Brokaw, Wine, Beer and Spirits counties which border the San area of the regions north of the Bay, i.e., Regulations Branch, Bureau of Alcohol, Francisco Bay and partly within two Marin, Napa, Solano, and Sonoma Tobacco and Firearms, 650 other counties. These counties are: San Counties? (3) Can the regions where grapes Massachusetts Avenue, NW, Francisco, San Mateo, Santa Clara, cannot be grown in the proposed Washington, DC., 20226 (202) 927–8230. Alameda, Contra Costa and partly in Santa Cruz and San Benito Counties. viticultural area, such as the dense SUPPLEMENTARY INFORMATION: The petitioner claims that Santa Cruz urban settings and the Bay itself, be Background County, although it has no Bay easily segregated from the rest of the proposed area? Does it undermine the On August 23, 1978, ATF published shoreline, has traditionally been associated with the place name San notion of a viticultural area to keep Treasury Decision ATF–53 (43 FR them included? 37672, 54624) revising regulations in 27 Francisco Bay. The portion of the Santa CFR Part 4. These regulations allow the Clara Valley located in San Benito Evidence That the Name of the Area is establishment of definitive viticultural County has been included. The Locally or Nationally Known proposed viticultural area encompasses areas. The regulations allow the name of According to the petitioner, San approximately 3,087 square miles total an approved viticultural area to be used Francisco Bay is a locally, nationally containing nearly 6000 acres planted to as an appellation of origin on wine and internationally recognized place grapes and over 70 wineries. labels and in wine advertisements. On name. Therefore, the petitioner believes October 2, 1979, ATF published The petitioner claims that the that San Francisco Bay is the Treasury Decision ATF–60 (44 FR proposed San Francisco Bay viticultural appropriate name for the proposed area, 56692) which added a new Part 9 to 27 area is a distinctive grape growing since even people who do not know the CFR, for the listing of approved region. According to the petitioner, the names of any California counties have American viticultural areas, the names area is distinguished by a unique marine an idea where the San Francisco Bay is. of which may be used as appellations of climate which is heavily influenced by The petitioner claims that to people all origin. the proximity of the San Francisco Bay over the world, San Francisco Bay calls Section 4.25a(e)(1), title 27, CFR, and the Pacific Ocean. Specifically, the to mind the well-known body of water defines an American viticultural area as San Francisco Bay and the local by that name and, by inference, the land a delimited grape-growing region geographical features surrounding it areas that surround it. distinguishable by geographic features, permit the cooling influence of the The counties of San Francisco, Contra the boundaries of which have been Pacific Ocean to reach farther into the Costa, Alameda, Santa Clara and San delineated in Subpart C of Part 9. interior of California in the Bay Area Mateo—within which the proposed area Section 4.25a(e)(2) outlines the than elsewhere along the California is located—border the San Francisco procedure for proposing an American coast. Bay. According to the petitioner, Santa viticultural area. Any interested person In proposing boundaries for the San Cruz County, although it has no Bay may petition ATF to establish a grape- Francisco Bay viticultural area, the shoreline, has traditionally been growing region as a viticultural area. petitioner has purposely included the associated with the place name San The petition should include: waters of the San Francisco Bay as well Francisco Bay. The petitioner also (a) Evidence that the name of the as urban areas, particularly the City of included the portion of the Santa Clara proposed viticultural area is locally San Francisco. The petitioner feels that Valley located in San Benito County. and/or nationally known as referring to the San Francisco Bay is the ‘‘heart and According to the petitioner, the names the area specified in the petition; soul of this appellation, its namesake ‘‘San Francisco Bay area’’ or ‘‘San (b) Historical or current evidence that and unifying force, the source of its Francisco Bay region’’ sometimes refer the boundaries of the viticultural area weather, the focal point of its history.’’ to an area that is different than the area are as specified in the petition; As such, the petitioner believes that it discussed in this petition. The (c) Evidence relating to the should not be cut out of the center of the petitioner claims that although sources geographical characteristics (climate, appellation. Although it is not a feasible differ in how broadly they define the soil, elevation, physical features, etc.) vineyard site, the city has long been a San Francisco Bay region, the various which distinguish the viticultural wine industry hub. definitions—without exception— features of the proposed area from The evidence submitted by the include the counties mentioned above. surrounding areas; petitioner is discussed in detail below. The following sources, are cited by the (d) A description of the specific Given the scope of the proposals and the petitioner as being representative of the boundaries of the viticultural area, wide range of interests that are likely to consensus among experts that the based on features which can be found be affected by the establishment of a San petitioned area is widely known by the on United States Geological Survey Francisco Bay viticultural area, ATF name San Francisco Bay. (U.S.G.S.) maps of the largest applicable wishes to solicit public comment According to the petitioner, the name scale; and particularly with respect to the San Francisco Bay is more frequently Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Proposed Rules 54401 and more strongly associated with the the north of the Bay. In support of this the San Francisco Viticultural District, counties lying south and east of the San claim, the petitioner refers to a defined by the State Viticultural Francisco Bay than with nearby statement from Mr. Johnson’s book Commissioners at the end of the last counties to the north. For example, the pointing out that the area just south and century, comprised the counties of San petitioner cites the 1967 Time Life book east of San Francisco Bay is wine Francisco, San Mateo, Alameda, Santa entitled ‘‘The Pacific States,’’ which country as old as the Napa Valley. Clara, Santa Cruz, San Benito, and describes the San Francisco Bay Area as Another writer cited by the petitioner Monterey—but no areas north of the a megalopolis with the city [of San is Robert Lawrence Balzer who devotes Bay. Francisco] as the center, stretching 40 a chapter to ‘‘Vineyards and Wineries: The petitioner claims that the miles south to San Jose and from the Bay Area and Central Coast Counties’’ in California Department of Food and Pacific to Oakland and beyond. his book Wines of California. According Agriculture currently considers the The petitioner also cites weather to the petitioner, this chapter and the proposed area as a single unit. The expert Harold Gilliam, in his book accompanying map include wineries petitioner states that the Grape Pricing Weather of the San Francisco Bay and vineyards in Alameda, Contra Districts established by the State of Region, as discussing an area including Costa, San Mateo, Santa Clara, and California reflect the joined perception San Francisco, San Mateo, Alameda, Santa Cruz Counties. The petitioner of the six San Francisco Bay counties, Contra Costa, and Santa Cruz Counties. claims that throughout his book, Mr. by grouping San Francisco, San Mateo, The petitioner points out that James E. Balzer makes it clear that he Santa Cruz, Santa Clara, Alameda, and Vance, Jr., Professor of Geography at the differentiates the San Francisco Bay area Contra Costa together in District 6. University of California, Berkeley, grape growing areas from those north of studied the same area in his book San Francisco Bay and south of The petitioner provided a list of entitled Geography and Urban Monterey Bay. In support of this claim, ‘‘Largest Bay Area Wineries’’ from a Evolution in the San Francisco Bay the petitioner cites several quotes from chart which appeared in the San Area. Also, according to the petitioner, the book. For example, Mr. Balzer states Francisco Business Times of November climatologist Clyde Patton studied the that, ‘‘Logic, as well as geography, 21, 1988. The list includes 21 wineries same region in his definitive work dictates our division into these in Alameda, Contra Costa, San Climatology of Summer Fogs in the San unofficial groups of counties: North Francisco, and San Mateo Counties. No Francisco Bay Area. Mr. Vance’s and Coast, Bay Area and Central Coast, wineries from the North Coast counties Mr. Patton’s maps of ‘‘Bay Area Place South Central Coast, Central Valley, and of Sonoma, Napa, Mendocino, or Lake Names’’ are included with the petition. Southern California. The vineyard are included. A final source cited by the petitioner domain south of San Francisco is as rich Evidence Relating to the Geographical is Lawrence Kinnaird, University of and colorful in its vintage history as the Features (Climate, Soil, Elevation, California Professor of History, who more celebrated regions north of the Bay Physical Features, etc.) Which wrote a History of the Greater San Area.’’ According to the petitioner, it is Distinguish Viticultural Features of the Francisco Bay Region. According to the clear that this author does not consider Proposed Area From Surrounding petitioner, Mr. Kinnaird’s book also Napa and Sonoma Counties as part of Areas covers the counties of San Francisco, the Bay Area. As evidence of this, the Santa Clara, Alameda, Contra Costa, San petitioner cites the following statement, Climate Mateo, and Santa Cruz. ‘‘Alameda County does not have the According to the petitioner, the scenic charm of * * * Napa and Historical or Current Evidence That the unifying and distinguishing feature of Sonoma * * *.’’ The petitioner points Boundaries of the Viticultural Area Are the coastal climate of the proposed area out that the same book contains a as Specified in the Petition is the influence of both the Pacific photograph showing the Golden Gate Ocean and the San Francisco Bay. The According to the petitioner, within Bridge and San Francisco Bay with the petitioner claims that coastal areas north the grape growing and winemaking caption, ‘‘San Francisco Bay divides the of the proposed area are influenced by community, the name San Francisco North Coast from the other wine areas the Pacific Ocean and by the San Pablo Bay has always been identified with the of California.’’ area proposed in the petition. In support According to the petitioner, in his and Richardson Bays, while areas south of this claim, the petitioner cited several book Vineyards and Wineries of of the proposed area are influenced by references to reflect the industry’s America, Patrick W. Fegan distinguishes the Pacific Ocean and by Monterey Bay. perception of this place name. the winegrowing region of the San In addition, the ocean influence enters For example, wine writer Hugh Francisco Bay Area from Monterey, each region through different routes— Johnson, in his book The World Atlas of noting that when urban development through the Estero Gap in the North Wine, devotes a separate section around the Bay Area began to threaten Coast, through the Golden Gate in the (‘‘South of the Bay’’) to the winegrowing vineyard areas, University of California San Francisco Bay region, and through areas of the San Francisco Bay and professors proposed planting vineyards Monterey Bay in the southerly portion Central Coast. According to the in Monterey County. of Central Coast. petitioner, Mr. Johnson describes the Another source cited by the petitioner According to the petitioner, west to traditional centers of wine-growing in in support of the proposed boundaries east flowing winds named the this area as concentrated in the is Grape Intelligence, a reporting service westerlies, which bring weather systems Livermore Valley east of the Bay; the for California winegrape industry in California onshore from the ocean, western foot-hills of the Diablo range; statistics. According to the petitioner, prevail in the proposed area. Directly the towns south of the Bay, and along Grape Intelligence issues a yearly report affecting the weather in the San the slopes of the Santa Cruz mountains for grape varieties in the San Francisco Francisco Bay area is the Pacific high down to a cluster of family wineries Bay Area. Reports for this region cover pressure system, centered a thousand round the Hecker Pass. The petitioner San Francisco, San Mateo, Santa Cruz, miles off the Pacific Coast. The claims that Mr. Johnson repeatedly Alameda and Contra Costa counties. petitioner claims that during winter distinguishes the winegrowing region The petitioner also cited historic months, its location south of San south and east of the Bay from areas to evidence. According to the petitioner, Francisco allows the passage of 54402 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Proposed Rules westward moving, rain producing, low According to the petitioner, the counties of San Francisco and Contra pressure storms through the area. proposed San Francisco Bay viticultural Costa. According to the petitioner, during area is also distinguished from the According to the petitioner, the the summer months the high is located counties north of the San Francisco Bay eastern boundary of the proposed San closer to the latitude of San Francisco. by annual rainfall amounts. The Francisco Bay Viticultural Area matches It then deflects rain producing storms to petitioner states that most winter storms the existing boundary of the Central the north, producing a dry summer that hit the Central California coast Coast Viticultural area and is located at climate in San Francisco area. The originate in the Gulf of Alaska. Thus, the inland boundary of significant petitioner claims that the winds from locations in the North Coast viticultural coastal influence, i.e., along the hills the high (which flow onshore from the area generally receive more rain than and mountains of the Diablo Range that northwest to the southeast) produce a sites in the proposed viticultural area. form a topographical barrier to the cold southward flowing surface water According to the petitioner, this effect intrusion of marine air. current (called the California Current) is illustrated by Hamilton Air Force According to the petitioner, east of the off the California coast by a process Base on the northwest shore of the San Diablo Range lies the Central Valley, called upwelling, in which cold deep Pablo Bay in Marin County. The base distinguished from the proposed area by water is brought to the surface. When gets 25% more rain in a season than its higher temperature, lower humidity, moist marine air from the Pacific High does San Mateo, which has a and decreased rainfall. The petitioner flows onshore over this cold water, it corresponding bayshore location 34 states that, the Central Valley has a cools, producing fog and/or stratus miles to the south. The petitioner points completely continental climate, i.e., cloud areas which are transported out that San Francisco gets an average much hotter in summer and cooler in inland by wind. of 21 inches of rain annually, but nine winter. Amerine & Winkler categorize miles north of the Golden Gate, the grape growing areas in the Central Climatic Affect and Proposed Kentfield gets 46 inches—more than Valley (Modesto, Oakdale, Stockton, Boundaries double the amount of rain. According to Fresno) as Region V (over 4,000 degree days), while sites in the proposed area The petitioner states that from a the petitioner, average rainfall over the range from Region I to III. This is meteorological perspective, the entire south bay wine producing area is illustrated on a ‘‘Degree Day Map’’ northwesterly windflow through the only 18 inches, while the City of Napa provided by the petitioner. Estero Gap (near Petaluma in Sonoma averages 25 inches, Sonoma County According to the petitioner, north of County) into the Petaluma Valley, (average of 5 sites) averages 35 inches, Altamont, the proposed boundary provides the major source of marine and Mendocino County averages 40 continues to follow the inland boundary influence for areas north of the Golden inches. of coastal influence. (This portion of the Gate. Airflow inland from San Pablo According to the petitioner, it should boundary matches the concurrently Bay also affects the climate of southern be noted that the California North Coast submitted proposed boundary extension Napa and Sonoma Counties. According Grape Growers supported the for the Central Coast Viticultural area.) to the petitioner, San Francisco Bay has petitioner’s position. In a letter to the Like the existing eastern boundary of little impact on the weather in the Bureau of Alcohol, Tobacco and the Central Coast, this extension region to its north. The onshore Firearms dated September 14, 1979, excludes the innermost range of coastal prevailing northwesterly flow direction, they asked that the term North Coast mountains. The eastern boundary in combination with the coastal range Counties be applied only to Napa, includes Martinez and Concord, but topographic features of counties north of Sonoma and Mendocino counties. The excludes Antioch, and the eastern the Bay and the pressure differential of petitioner claims that part of their portion of Contra Costa County. the Central Valley, minimize a reasoning was the observations of The petitioner claims that the average northward influence from the air that Professor Crowley of the Geography precipitation in the Central Valley is enters the Golden Gate. According to the Department at Sonoma State University lower than in the proposed San petitioner, the higher humidity, lower who said that the counties north of the Francisco Bay viticultural area. The temperatures and wind flow that enter San Francisco Bay have different following are thirty year average rainfall the Golden Gate gap do not flow north climates from the counties south of the statistics in inches for locations in the of the San Francisco Bay. bay. Central Valley: Modesto 10.75, Fresno The petitioner states that, as a result Thus, the petitioner maintains that 10.32, Los Banos 7.98, Lodi 12.74, of the different air mass sources, grape the main determinants of the northern Antioch 12.97. growing sites immediately north of the boundary of the proposed viticultural Thus, according to the petitioner, the Bay are cooler than corresponding sites area include the: (1) Natural geographic/ main determinants of the proposed in the Bay Area. As an example, the topographic barriers, (2) lack of direct eastern boundary of the proposed petitioner cites General Viticulture San Francisco Bay influence in areas to viticultural area include the (1) historic which lists Napa with 2,880 degree its north, and (3) different predominant existing eastern boundary of the Central days, while Martinez (directly south of coastal influences in the northern area. Coast viticultural area, (2) natural Napa on the Carquinez Strait) has 3,500 The petitioner feels that these factors geographic/topographic climatic barrier degree days. Calistoga is listed as 3,150 lead to significant wind flow, created by the Diablo Range, and (3) the degree days, while Livermore temperature, and precipitation inland boundary of the coastal marine (approximately equidistant from the differences between the areas north and influence. The petitioner feels that these Carquinez Strait, but to the south) has south of San Francisco Bay. Thus, the factors lead to significant temperature, 3,400. According to the petitioner, the petitioner claims that it is logical to humidity and precipitation differences degree day concept was developed by draw the northern boundary of the between the areas east and west of the UC Davis Professors Amerine and proposed area at the point where the proposed eastern boundary. Winkler as a measure of climate support Golden Gate Bridge and San Francisco According to the petitioner, the for vine growth and grape ripening; Bay separate the northern counties, i.e., southern boundary matches those of the large degree day values indicate warmer Marin, Napa, Solano, and Sonoma of the Santa Cruz and Santa Clara viticultural climates. North Coast viticultural area from the areas. As discussed in the section on Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Proposed Rules 54403 climate, the San Francisco Bay Salinas Valley, the climate again grows successive inland valleys generally have influence is diminished and the warmer with increasing distance from less of a damp, seacoast climate and Monterey Bay influence is felt south of Monterey Bay. more of a dry, continental climate. the proposed area. According to the In summary, according to the According to the petitioner, this petitioner, the regional northwestern petitioner, the southern boundary of the pattern is modified by a few gaps and prevailing wind flow direction generally proposed area has been defined to passes in the mountain ranges that prevents the Monterey Bay influence match the southern boundary of the allow marine influences to spread from affecting the climate in the Santa Clara Valley and Santa Cruz farther inland without obstruction. The proposed area. viticultural areas because this is the petitioner claims that these inland areas According to the petitioner, Monterey location of the transition from a climate are, however, somewhat protected from Bay has a very broad mouth with high dominated by flow from the San the Pacific fogs, which are evaporated as mountain ranges to both the north and Francisco Bay to one dominated by flow the flow is warmed by passage over the south. The petitioner claims that fog and from Monterey Bay. warmer land surfaces. ocean air traveling along the Pajaro According to the petitioner, the west The three largest sea level gaps in the River do on rare occasions reach the boundary of the proposed San Francisco central California coastal range south end of the Santa Clara Valley to Bay Viticultural Area follows the Pacific mountainous barrier are (north to the north, but most of the Monterey Bay coastline from San Francisco south to south): Estero Lowland in Sonoma, influence travels to the east and south just north of the City of Santa Cruz. This Golden Gate into San Francisco Bay, (borne by the prevailing northwest area is greatly influenced by Pacific and Monterey Bay. According to the wind) into the Salinas Valley and up Ocean breezes and fog. According to the petitioner, several smaller mountain against the eastern coastal hills. petitioner, the western hills of the Santa pass gaps (San Bruno and Crystal According to the petitioner, Central Cruz Mountains are exposed to the Springs) sometimes also allow for the Coast climate thus gradually warms strong prevailing northwest winds. The inland spread of coastal climate in the with increased distance from the San climate of the eastern portion of these Bay Area when the elevated inversion Francisco Bay, as air traveling over land hills is affected by the moderating base is high enough. areas south of the bay accumulates heat influences of the San Francisco Bay. According to the petitioner, the Bay and dries out. The petitioner claims that According to the petitioner, just north Area climate is greatly modified by San the warming trend reverses, however, at of the City of Santa Cruz, the western Francisco Bay, whose influence is the point where the south end of the boundary turns east excluding a small similar to that of the ocean, i.e., it cools Santa Clara Valley meets the Pajaro portion of Santa Cruz County from the summer high temperatures and warms River. Here wind and fog from the proposed area, as it was from the Santa winter low temperatures. The petitioner Monterey Bay, flowing westward Cruz Mountains viticultural area. The states that the narrowness of the Golden through the Pajaro River gap, begins to petitioner claims that the area around Gate limits the exchange of bay and assert a cooling influence. Santa Cruz and Watsonville is close to ocean waters, and thus bay waters are According to the petitioner, the sea level, and is sheltered from the not quite as cold as the coastal ocean decrease of San Francisco Bay prevailing northwesterly Pacific Ocean currents during the summer. influence, and the concurrent increase winds by the Santa Cruz mountains. According to the petitioner, marine of Monterey Bay influence, is Therefore, fog and bay breezes from air exits the San Francisco Bay (without demonstrated by the difference in heat Monterey Bay impact the area, while the having experienced the normal drying summation between Gilroy and San Francisco Bay does not influence and heating effects associated with over- Hollister. The petitioner claims that the area. land travel) in several directions. The Central Coast sites warm with Thus, according to the petitioner, the predominant outflow is carried by the increasing distance from the San main determinant of the western onshore northwesterly winds toward the Francisco Bay, but this pattern reverses boundary of the proposed viticultural south through the Santa Clara Valley to at the southern boundary of the Santa area include the (1) natural geography of Morgan Hill and to the east via the Clara Valley viticultural area, between the coastline, (2) Pacific Ocean and San Hayward Pass and Niles Canyon. Gilroy and Hollister, as the influence of Francisco Bay influence, and (3) According to the petitioner, the Monterey Bay becomes dominant. historical identity as part of the San temperatures at given locations in the According to the petitioner, this Francisco Bay Area. Bay Area are thus dependent on produces significantly cooler streamline distance (actual distance temperatures in Hollister than in Gilroy, Topography traveled) from the ocean, rather than its even though Hollister is farther from According to the petitioner, the ‘‘as the crow flies’’ distance from the San Francisco Bay. weather in the bay region is a product ocean. The petitioner claims that Petition Table 2 ‘‘Decrease in San of the modification of the onshore Livermore Valley temperatures show Francisco Bay Influence,’’ indicates a marine air masses described above by this phenomenon. Ocean air flows gradual warming trend as one travels the topography of the coast ranges, a across San Francisco Bay, through the southward from the San Francisco Bay. double chain of mountains running Hayward Pass and Niles Canyon, and According to the petitioner, past Gilroy north-northwest to south-southeast. into the Livermore Valley, causing a to Hollister, however, a new cooling Each chain divides into two or more cooling effect in summer and a warming trend is observed due to the influence smaller chains, creating a patchwork of effect in winter. of the Monterey Bay. valleys. In summary, because of the According to the petitioner, Hollister According to the petitioner, as the interaction of topography with the is significantly cooler than Gilroy even elevation of the western chain of the prevailing winds in the Bay Area, the though its location is sheltered by hills coastal ridge is generally higher than the Pacific Ocean and San Francisco Bay are from the full influence of Monterey Bay. altitude of the inversion base, the the major climatic influences in the The weather station near coastal inversion acts as a lid to prevent the proposed viticultural area. According to Monterey shows the strongest cooling cool onshore flowing marine air and fog the petitioner, this interaction has two from the Monterey Bay. The petitioner from rising over the mountains and principal effects: (1) To allow the claims that continuing south in the flowing inland. Because of this, coastal influence of the Pacific Ocean to 54404 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Proposed Rules extend farther east than otherwise map of ‘‘Central Coastal Counties’’ Santa Clara, Santa Cruz and Contra possible, and (2) to modify that coastal designating Contra Costa, Alameda, San Costa together. The 1930 University of influence because of the moderating Mateo, Santa Clara, Santa Cruz, California monograph ‘‘Summer Sea effects of Bay waters on surrounding Monterey, San Benito, San Luis Obispo Fogs of the Central California Coast’’ by weather. and Santa Barbara. Horace R. Byers focuses on an area Another example cited by the ‘‘from Point Sur to the entrance of Proposal To Amend the Boundaries of petitioner is Central Coast Wine Tour, the Central Coast Viticultural Area Tomales Bay, including San Francisco published by Vintage Image in 1977 and and Monterey Bays: Santa Clara, San In conjunction with the petition to 1980, which covers the area from San Ramon, Livermore, San Benito, and establish the San Francisco Bay Francisco to Santa Barbara and Salinas valleys * * *’’ These valleys are viticultural area, Mr. Philip Wente, Vice specifically describes past and present located in Santa Clara, Contra Costa, President of Wente Bros., proposes to wineries in San Francisco, Alameda, Alameda, San Benito and Monterey amend the boundaries of the Central Contra Costa, Santa Clara, San Mateo Counties, respectively. Coast viticultural area to encompass the and Santa Cruz Counties. The petitioner cites section 25236 of proposed San Francisco Bay viticultural According to the petitioner, The the 1955 California Alcoholic Beverage area. Connoisseurs’ Handbook of California Control Act which allows the use of the According to the petitioner, an Wines defines ‘‘Central Coast’’ in the description ‘‘central coastal counties dry examination of the three large section entitled ‘‘Wine Geography’’ as: wine’’ on wine originating in several viticultural areas on the California coast ‘‘The territory lying south of San counties including Santa Clara, Santa reveals a gap between Monterey and Francisco and north of the city of Santa Cruz, Alameda, Contra Costa, Monterey, Marin, where many acres of existing and Barbara—San Mateo, Santa Cruz, Santa San Luis Obispo counties. The potential vineyards are not represented Clara, San Benito, Monterey, San Luis petitioner recognizes that ‘‘central by any viticultural area. In petitioning Obispo, and Santa Barbara counties.’’ coastal counties’’ is not a legal for the revision of the Central Coast According to the petitioner, Bob appellation under the Federal Alcohol viticultural area, the petitioner claims to Thompson and Hugh Johnson, in their Administration Act. The petitioner be continuing the logical pattern already book The California Wine Book, stated that this law is mentioned solely established in the organization of describe the ‘‘Central Coast’’ as an to support the fact that the counties viticultural areas on the California coast. indeterminate area between San surrounding San Francisco Bay are well- According to the petitioner, the Francisco and Santa Barbara, including accepted in California as belonging proposed revised Central Coast San Francisco, Contra Costa, Alameda, within the place name ‘‘Central Coast.’’ viticultural area is a larger area that ties Monterey, Santa Clara and Santa Cruz According to the petitioner, the together several smaller sub- Counties. California Division of Forestry’s ‘‘Sea According to the petitioner, in Wines appellations (Santa Clara Valley, Santa Breeze Effects on Forest Fire Behavior in of California, by Robert Balzer, the wine Cruz Mountains, Ben Lomond Central Coastal California’’ summarizes producing areas on the California coast Mountain, Livermore Valley, San Ysidro the results of several fireclimate surveys are categorized into three groups: North District, Pacheco Pass, San Benito, conducted in the 1960’s in several Coast counties, Bay Area and Central Cienega Valley, Mount Harlan, Paicines, counties surrounding San Francisco Coast counties, and South Central Coast Lime Kiln Valley, Monterey, Carmel Bay. Currently, the petitioner points out counties. The section on ‘‘Bay Area and Valley, Chalone, Arroyo Seco, Paso that the National Oceanic and Central Coast’’ features a map, included Robles, York Mountain, Edna Valley, Atmospheric Administration/National with the petition, illustrating the Arroyo Grande Valley, Santa Maria Climatic Data Center publishes monthly counties surrounding San Francisco Bay Valley, Santa Ynez Valley, and the summaries of climatological data and the Santa Cruz Mountains. The proposed San Francisco Bay viticultural grouped into geographical divisions. petitioner points out that listed among area), all of which are dominated by the The ‘‘Central Coast Drainage’’ division the San Francisco Bay and Central Coast same geographic and general marine includes locations in San Francisco, wineries in the book are seven of the influences that create their climate. Alameda, Contra Costa, San Mateo, vintners who signed the petition to According to the petitioner, the Santa Clara, Santa Cruz, Monterey and establish the Santa Cruz Mountains evidence presented in the petition San Luis Obispo counties. Viticultural Area (David Bruce Winery, establishes that the well-known Central The petitioner believes that the Felton-Empire Vineyards, Mount Eden Coast name and the general marine sources discussed above demonstrate Vineyards, Martin Ray Vineyards, Ridge climate extend north and northwest that the counties included in the Vineyards, Roudon-Smith Vineyards beyond the current Central Coast proposed revised Central Coast and Woodside Vineyards). Finally, the boundaries. boundaries are commonly and petitioner provided a vineyard and historically known as being within the The Name, Central Coast as Referring to winery map published by Sally Taylor place-name ‘‘Central Coast.’’ Santa Cruz and the Counties and Friends in the 1980’s which Surrounding San Francisco Bay includes Santa Cruz County on the map Evidence Relating to the Geographical According to the petitioner, the name entitled ‘‘North Central Coast.’’ Features (Climate, Soil, Elevation, Central Coast, as used by wine writers According to the petitioner, in Physical Features, etc.) Which and the state legislature, extends north addition to the numerous viticultural Distinguish the Viticultural Features of and west into Santa Cruz County and writings, government and scholarly the Proposed Area From Surrounding five counties that surround the San studies on the climate and geography of Areas Francisco Bay, beyond the area the California Central Coast also include currently recognized as the Central the counties around the San Francisco Coastal Climate and Marine Influence Coast viticultural area. In support of this Bay in the proposed area. According to the petitioner, the claim, the petitioner cited several According to the petitioner, the coastal climate of the Central Coast references. historic San Francisco Viticultural viticultural area is the principal feature Patrick W. Fegan’s book Vineyards District in 1880 grouped the counties of which unifies the area and distinguishes and Wineries of America, contains a San Francisco, San Mateo, Alameda, it from surrounding areas. As an Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Proposed Rules 54405 indication of the ‘‘coastal climate’’ effect locations within the proposed revision relationship of rainfall to potential on the area, the petitioner cites the to the Central Coast viticultural area evaporation. The Koeppen system uses difference between July and September (San Francisco, Richmond, Oakland, letters based on German words having temperatures. According to the Berkeley, Half Moon Bay, Martinez, San no direct English equivalents. The petitioner, September (fall) is usually Jose, Ben Lomond, Palo Alto) share the Climatic Regions Map depicts the extent warmer than July (summer) in coastal same coastal character (i.e., (1) higher of cool Mediterranean climate both areas, while the reverse is true in September temperatures and, (2) an north and west of the current Central continental areas. The petitioner states airstream continuum of Degree Day Coast boundary and within it. that this unique coastal characteristic temperatures correlated with the The map shows that Alameda, Contra results from two factors: fogs and air airstream distance from the Pacific Costa, Santa Clara, San Mateo and Santa flows. Fogs keep summer coastal Ocean) as found at the current Central Cruz counties in the proposed revision temperatures low while the interior Coast cities (Monterey, Salinas, to the Central Coast viticultural area, regions absorb all of the sun’s summer Hollister, King City, Livermore, Gilroy). like Monterey, San Benito, San Luis energy. These fogs diminish in strength A Coastal Character Map showing this Obispo and Santa Barbara counties in and frequency in the fall allowing more data is attached to the petition. the current Central Coast viticultural coastal solar gain and the resultant Accordingly, the petitioner believes that area, are mostly classified as Csb temperature rise, while interior the data presented above establishes Mediterranean climates (average of temperatures begin their relative that the Central Coast boundary should warmest month is less than 22 °C), with decline. According to the petitioner, this be revised to accurately reflect the partial Csbn climate (more than thirty seasonal fluctuation comes about when, extent of the central coast climate. days of fog) along the coast. (1) the pressure differential between the According to the petitioner, the The petitioner states that it is due to Pacific high and the Central Valley is proposed San Francisco Bay viticultural this coastal climate (mainly fog and reduced which eliminates the inversion area and the Central Coast viticultural wind), that the degree of marine cap over the coast ranges and, (2) the area lie within the same botanic zone. influence in the proposed revision to temperature of the Pacific Ocean The petitioner cites the Sunset Western the Central Coast viticultural area is reaches its highest level in the fall Garden Book published for 55 years by similar to the degree of marine influence which reduces the cooling of onshore the editors of Sunset Magazine. The found at other places inside the current air flows. According to the petitioner, petitioner states that this comprehensive Central Coast viticultural area. A map of these air flows from the Pacific Ocean western plant encyclopedia has become central California, submitted with the invade the land mass through gaps in a leading authority regarding gardening petition, shows the extent of marine fog the coast range. Thus, the petitioner in the western United States. The in the area. This map shows that the fog claims that a location’s climate is Western Garden Book divides the region pattern in the proposed area is similar dictated primarily by its position from the Pacific Coast to the eastern to other areas included in Central Coast. relative to the windstream distance from slope of the Rocky Mountains into The fog extends inland to approximately the Pacific—the greater the windstream twenty-four climate zones. The Central the same extent throughout the distance the greater the July/October Coast viticultural area lies within Zones proposed revised viticultural area. temperature differential and the greater 7, 14, 15, 16, 17. According to the petitioner, the ‘‘Retreat the degree day accumulation as the The petitioner believes that the of Fog’’ map submitted with the petition windstream will be increasingly climate zones established by Sunset also shows the similarity in the duration warmed by the ground it passes over. Magazine demonstrate that the main of fog in the current and proposed Table 1 in the petition lists California distinguishing feature of Central Coast— Central Coast viticultural area. The cities in windstream groups from the the coastal climate—extends west to the petitioner points out that the similar fog most coastal (initiation) to the most Santa Cruz coastline and north to the pattern is most evident along the coastal continental (terminus). This table lists Golden Gate. The proposed revision to areas of Big Sur, Monterey Bay and San the difference (in degrees) between the the Central Coast viticultural area also Francisco. lies within these zones. average July and September Topography temperatures in each city, which According to the petitioner, the constitutes the measure of ‘‘coastal’’ characteristic cool Mediterranean According to the petitioner, Santa character. Continental cities (Antioch to climate of the Central Coast viticultural Cruz and the other San Francisco Bay Madera), which are outside the current area extends north and west of the counties share the Central Coast’s and proposed boundaries of the Central current boundaries. This coastal terrain. The petitioner pointed out that Coast, exhibit the highest July Mediterranean climate is cool in the one of the major California coast range temperatures and the greatest difference summer and the marine fog which gaps which produces the climate within in temperature from July to September. penetrates inland makes the coast very the current Central Coast boundaries Also, included are accumulated Degree oceanic, with little difference in lies within the proposed revision to the Days for April through October temperature between mild winters and Central Coast. The petitioner claims that following Winkler’s system. According cool summers. The Mediterranean the three largest sea level gaps in the to the petitioner, this chart demonstrates climate classification is so called central California coastal range that within the coastal region—north because the lands of the Mediterranean mountainous barrier are (north to and south—there is a continuum of Basin exhibit the archetypical south): Estero Lowland in Sonoma coastal influence and the ensuing heat temperature and rainfall regimes that County, Golden Gate into San Francisco gradient during the growing season define the class. In support of the Bay, and Monterey Bay. According to (Degree Days). Mediterranean climate claim, the the petitioner, the Golden Gate and According to the petitioner, within petitioner cited The Climatic Regions Monterey Bay allow the ocean influence the proposed extension, the climate acts Map from Atlas of California. This map to enter into the current Central Coast in an identical manner to the area in the is based on the Koeppen classification, viticultural area creating its coastal existing Central Coast viticultural area. which divides the world into climate climate which is the unifying and To support this claim, the petitioner regions based on temperature, the distinguishing feature of the area. The cites petition Table I demonstrating that seasonal variation of drought, and the main gap in the current Central Coast 54406 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Proposed Rules viticultural area, the Monterey Bay to include the area northwest of regulations, 5 CFR Part 1320, do not allows marine air and fog from the Livermore up to the San Pablo Bay. apply to this notice because no Pacific Ocean to travel south and From Altamont (just east of Livermore) requirement to collect information is inland, into the Salinas Valley. The south, the proposed eastern boundary proposed. petitioner believes that this feature follows the current boundary of the Regulatory Flexibility Act creates the ideal grape-growing climate Central Coast viticultural area. North of that exists in the Salinas Valley, but Altamont, the proposed boundary It is hereby certified that this from a meteorological perspective, it has extension excludes the easternmost proposed regulation will not have a comparatively little influence on the range of coastal mountains. The significant impact on a substantial portion of Central Coast viticultural area proposed eastern boundary includes number of small entities. The lying north of it. The on-shore Martinez and Concord, but excludes establishment of a viticultural area is prevailing northwesterly flow direction, Antioch, and the eastern portion of neither an endorsement nor approval by combined with the coastal range Contra Costa County. ATF of the quality of wine produced in topographical features north of the Bay’s the area, but rather an identification of Public Participation—Written mouth, minimize northward influence an area that is distinct from surrounding Comments from the air that enters the Monterey areas. ATF believes that the Bay. According to the petitioner, the ATF requests comments from all establishment of viticultural areas Golden Gate gap introduces a cooling interested persons. Comments received merely allows wineries to more marine influence and the San Francisco on or before the closing date will be accurately describe the origin of their Bay allows marine air and fog to travel carefully considered. Comments wines to consumers, and helps much further inland and south through received after that date will be given the consumers identify the wines they the Santa Clara and Livermore Valleys same consideration if it is practical to purchase. Thus, any benefit derived and provides most of the coastal do so. However, assurance of from the use of a viticultural area name influence affecting the northern portion consideration can only be given to is the result of the proprietor’s own of the Central Coast viticultural area. comments received on or before the efforts and consumer acceptance of The petitioner states that although the closing date. wines from that region. Golden Gate and San Francisco Bay are ATF will not recognize any submitted No new requirements are proposed. primary influences on the current material as confidential and comments Accordingly, a regulatory flexibility Central Coast climate, neither shoreline may be disclosed to the public. Any analysis is not required. is included in the current Central Coast material which the commenter boundary. The petitioner believes that considers to be confidential or Executive Order 12866 the proposed revision to the Central inappropriate for disclosure to the It has been determined that this Coast viticultural area logically extends public should not be included in the proposed regulation is not a significant the current Central Coast boundaries to comments. The name of the person regulatory action as defined in include the shores of the Golden Gate submitting a comment is not exempt Executive Order 12866. Accordingly, and San Francisco Bay. from disclosure. this proposal is not subject to the Comments may be submitted by Boundaries analysis required by this Executive facsimile transmission to (202) 927– Order. The proposed extension of the Central 8602, provided the comments: (1) Are Drafting Information Coast viticultural area would include legible; (2) are 81⁄2′′ x 11′′ in size, (3) the currently excluded portions of five contain a written signature, and (4) are The principal author of this document counties which border the San three pages or less in length. This is David W. Brokaw, Wine, Beer, and Francisco Bay. These counties are San limitation is necessary to assure Spirits Regulations Branch, Bureau of Francisco, San Mateo, Santa Clara, reasonable access to the equipment. Alcohol, Tobacco and Firearms. Alameda, Contra Costa, and all of Santa Comments sent by FAX in excess of List of Subjects in 27 CFR Part 9 Cruz County. The proposed San three pages will not be accepted. Francisco Bay appellation would add Receipt of FAX transmittals will not be Administrative practice and approximately 1,278 square miles to acknowledged. Facsimile transmitted procedure, Consumer protection, Central Coast. This area contains 3,027 comments will be treated as originals. Viticultural areas, and Wine. acres planted to grapes and 21 wineries. Any person who desires an Authority and Issuance The proposed revision to the Central opportunity to comment orally at a Coast boundary follows the Pacific public hearing on the proposed Title 27, Code of Federal Regulations, coastlines of Santa Cruz, San Mateo and regulation should submit his or her part 9, American Viticultural Areas, is San Francisco Counties, crosses San request, in writing, to the Director proposed to be amended as follows: Francisco Bay, follows the northern within the 90-day comment period. The PART 9ÐAMERICAN VITICULTURAL boundary of Contra Costa County to Director, however, reserves the right to AREAS Concord, and then follows the inland determine, in light of all circumstances, boundary of coastal influence, according whether a public hearing will be held. Paragraph 1. The authority citation to the petitioner, along straight lines After consideration of all comments for part 9 continues to read as follows: between landmarks in the Diablo and suggestions, ATF may issue a Authority: 27 U.S.C. 205. Mountain Range to the current Central Treasury decision. The proposals Coast boundary. discussed in this notice may be Par. 2. Section 9.75 is amended by The southern boundary of the Central modified due to comments and revising paragraph (b) to add 23 Coast viticultural area remains suggestions received. U.S.G.S. Quadrangle 7.5 Minute Series unchanged. The proposed changes to (Topographic) maps (19) through (41), the western boundary, the California Paperwork Reduction Act by revising paragraph (c) introductory coastline, consists of extending the The provisions of the Paperwork text to add three counties, by removing boundary north to the Golden Gate. The Reduction Act of 1995, 44 U.S.C. paragraphs (c)(2) through (c)(12) and proposed eastern boundary is extended Chapter 35, and its implementing replacing them with new paragraphs Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Proposed Rules 54407
(c)(2) through (c)(9) and, renumbering following California counties: Monterey, § 9.157 San Francisco Bay existing paragraphs (c)(13) through Santa Cruz, Santa Clara, Alameda, San (a) Name. The name of the viticultural (c)(40) as paragraphs (c)(10) through Benito, San Luis Obispo, Santa Barbara, area described in this section is ‘‘San (c)(37). San Francisco, San Mateo, and Contra Francisco Bay.’’ Costa. * * * (b) Approved maps. The appropriate Subpart CÐApproved American * * * * * maps for determining the boundary of Viticultural Areas the San Francisco Bay viticultural area (2) The boundary follows north along are forty-two U.S.G.S. Quadrangle 7.5 * * * * * the shoreline of the Pacific Ocean Minute Series (Topographic) maps and (across the Watsonville West, Soquel, § 9.75 Central Coast one U.S.G.S. Quadrangle 5 × 11 Minute Santa Cruz, Davenport, An˜ o Nuevo, (Topographic) map. They are titled: (a) Name. * * * Franklin Point, Pigeon Point, San (1) Pacheco Peak, California, scale (b) Approved maps. * ** Gregorio, Half Moon Bay, Montara 1:24,000, dated 1955, Photorevised 1971 * * * * * Mountain and San Francisco South (19) Diablo, California, scale 1:24,000, (2) Gilroy Hot Springs, California, maps) to the San Francisco/Oakland Bay scale 1:24,000, dated 1955, dated 1953, Photorevised 1980 Bridge. (San Francisco North map) (20) Clayton, California, scale Photoinspected 1978, Photorevised 1971 (3) From this point, the boundary (3) Mt. Sizer, California, scale 1:24,000, dated 1953, Photorevised 1980 proceeds east on the San Francisco/ (21) Honker Bay, California, scale 1:24,000, dated 1955, Photoinspected Oakland Bay Bridge to the Alameda 1:24,000, dated 1953, Photorevised 1980 1978, Photorevised 1971 County shoreline. (Oakland West map) (4) Morgan Hill, California, scale (22) Vine Hill, California, scale 1:24,000, dated 1955, Photorevised 1980 1:24,000, dated 1959, Photorevised 1980 (4) From this point, the boundary (5) Lick Observatory, California, scale (23) Benicia, California, scale proceeds east along the shoreline of 1:24,000, dated 1955, Photoinspected 1:24,000, dated 1959, Photorevised 1980 Alameda County and Contra Costa 1973, Photorevised 1968 (24) Mare Island, California, scale County across the Richmond, San (6) San Jose East, California, scale 1:24,000, dated 1959, Photorevised 1980 Quentin, Mare Island, and Benicia maps to a point marked BM 15 on the 1:24,000, dated 1961, Photorevised 1980 (25) Richmond, California, scale (7) Calaveras Reservoir, California, 1:24,000, dated 1959, Photorevised 1980 shoreline of Contra Costa County. (Vine Hill map) scale 1:24,000, dated 1961, Photorevised (26) San Quentin, California, scale 1980 1:24,000, dated 1959, Photorevised 1980 (5) From this point, the boundary (8) La Costa Valley, California, scale (27) Oakland West, California, scale proceeds in a southeasterly direction in 1:24,000, dated 1960, Photorevised 1968 1:24,000, dated 1959, Photorevised 1980 a straight line across the Honker Bay (9) Mendenhall Springs, California, (28) San Francisco North, California, map to Mulligan Hill elevation 1,438. scale 1:24,000, dated 1956, scale 1:24,000, dated 1956, Photorevised (Clayton map) Photoinspected 1978, Photorevised 1971 1968 and 1973 (6) The boundary proceeds in (10) Altamont, California, scale (29) San Francisco South, California, southeasterly direction in a straight line 1:24,000, dated 1953, Photorevised 1981 scale 1:24,000, dated 1956, Photorevised to Mt. Diablo elevation 3,849. (Clayton (11) Byron Hot Springs, California, 1980 map) scale 1:24,000, dated 1953, Photorevised (30) Montara Mountain, California, 1968 (7) The boundary proceeds in a scale 1:24,000, dated 1956, Photorevised (12) Tassajara, California, scale southeasterly direction in a straight line 1980 1:24,000, dated 1953, Photoinspected across the Diablo and Tassajara maps to (31) Half Moon Bay, California, scale 1974, Photorevised 1968 Brushy Peak elevation 1,702. (Byron Hot 1:24,000, dated 1961, Photoinspected (13) Diablo, California, scale 1:24,000, Springs map) 1978, Photorevised 1968 and 1973 dated 1953, Photorevised 1980 (32) San Gregorio, California, scale (8) The boundary proceeds due south, (14) Clayton, California, scale 1:24,000, dated 1961, Photoinspected approximately 400 feet, to the northern 1:24,000, dated 1953, Photorevised 1980 1978, Photorevised 1968 boundaries of Section 13, Township 2 (15) Honker Bay, California, scale (33) Pigeon Point, California, scale South, Range 2 East. (Byron Hot Springs 1:24,000, dated 1953, Photorevised 1980 1:24,000, dated 1955, Photorevised 1968 map) (16) Vine Hill, California, scale (34) Franklin Point, California, scale (9) The boundary proceeds due east 1:24,000, dated 1959, Photorevised 1980 1:24,000, dated 1955, Photorevised 1968 along the northern boundaries of (17) Benicia, California, scale (35) An˜ o Nuevo, California, scale Section 13 and Section 18, Township 2 1:24,000, dated 1959, Photorevised 1980 1:24,000, dated 1955, Photorevised 1968 South, Range 3 East, to the northeast (18) Mare Island, California, scale (36) Davenport, California, scale corner of Section 18. (Byron Hot Springs 1:24,000, dated 1959, Photorevised 1980 1:24,000, dated 1955, Photorevised 1968 map) (19) Richmond, California, scale (37) Santa Cruz, California, scale 1:24,000, dated 1959, Photorevised 1980 1:24,000, dated 1954, Photorevised 1981 Par. 3. The table of sections in subpart (20) San Quentin, California, scale (38) Felton, California, scale 1:24,000, C is proposed to be amended by adding 1:24,000, dated 1959, Photorevised 1980 dated 1955, Photorevised 1980 § 9.157 to read as follows: (21) Oakland West, California, scale (39) Laurel, California, scale 1:24,000, * * * * * 1:24,000, dated 1959, Photorevised 1980 dated 1955, Photoinspected 1978, 9.157 San Francisco Bay (22) San Francisco North, California, Photorevised 1968 scale 1:24,000, dated 1956, Photorevised Par. 4. Subpart C is proposed to be (40) Soquel, California, scale 1:24,000, 1968 and 1973 dated 1954, Photorevised 1980 amended by adding § 9.157 to read as (23) San Francisco South, California, (41) Watsonville West, California, follows: scale 1:24,000, dated 1956, Photorevised scale 1:24,000, dated 1954, Photorevised Subpart CÐApproved American 1980 1980. Viticultural Areas (24) Montara Mountain, California, (c) Boundary. The Central Coast scale 1:24,000, dated 1956, Photorevised viticultural area is located in the * * * * * 1980 54408 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Proposed Rules
(25) Half Moon Bay, California, scale dividing Township 8 South from (14) Then proceed due west along the 1:24,000, dated 1961, Photoinspected Township 9 South with the range line northern boundaries of Section 18 and 1978, Photorevised 1968 and 1973 dividing Range 3 East from Range 4 East Section 13 (Township 2 South, Range 2 (26) San Gregorio, California, scale on the Mt. Sizer Quadrangle. East) to a point approximately 400 feet 1:24,000, dated 1961, Photoinspected (4) Then proceed in a northwesterly due south of Brushy Peak on the Byron 1978, Photorevised 1968 direction in a straight line (across the Hot Springs Quadrangle. (27) Pigeon Point, California, scale Morgan Hill Quadrangle) to the (15) Then proceed due north to 1:24,000, dated 1955, Photorevised 1968 intersection of the township line Brushy Peak (elevation 1,702) on the (28) Franklin Point, California, scale dividing Township 7 South from Byron Hot Springs Quadrangle. 1:24,000, dated 1955, Photorevised 1968 Township 8 South with the range line (16) Then proceed in a northwesterly (29) An˜ o Nuevo, California, scale dividing Range 2 East from Range 3 East direction in a straight line (across the 1:24,000, dated 1955, Photorevised 1968 on the Lick Observatory Quadrangle. Tassajara and Diablo Quadrangles) to (30) Davenport, California, scale (5) Then proceed in a northwesterly Mt. Diablo (elevation 3,849) on the 1:24,000, dated 1955, Photorevised 1968 direction in a straight line to the Clayton Quadrangle. (31) Santa Cruz, California, scale intersection of State Route 130 with the (17) Then proceed in a northwesterly 1:24,000, dated 1954, Photorevised 1981 township line dividing Township 6 direction in a straight line to Mulligan (32) Felton, California, scale 1:24,000, South from Township 7 South on the Hill (elevation 1,438) on the Clayton dated 1955, Photorevised 1980 San Jose East Quadrangle. Quadrangle. (33) Laurel, California, scale 1:24,000, (6) Then proceed in a northeasterly (18) Then proceed in a northwesterly dated 1955, Photoinspected 1978, direction following State Route 130 to direction in a straight line (across the Photorevised 1968 its intersection with the range line Honker Bay Quadrangle) to a point (34) Soquel, California, scale 1:24,000, dividing Range 1 East from Range 2 East marked BM 15 on the shoreline of dated 1954, Photorevised 1980 on the Calaveras Reservoir Quadrangle. Contra Costa County on the Vine Hill (35) Watsonville West, California, (7) Then proceed north following this Quadrangle. scale 1:24,000, dated 1954, Photorevised range line to its intersection with the (19) Then proceed west along the 1980 Hetch Hetchy Aqueduct on the La Costa shoreline of Contra Costa County and (36) Loma Prieta, California, scale Valley Quadrangle. Alameda County (across the 1:24,000, dated 1955, Photoinspected (8) Then proceed in a northeasterly Quadrangles of Benicia, Mare Island, 1978, Photorevised 1968 (37) Watsonville East, California, scale direction in a straight line following the Richmond, and San Quentin) to the San 1:24,000, dated 1955, Photorevised 1980 Hetch Hetchy Aqueduct to the western Francisco/Oakland Bay Bridge on the (38) Mt. Madonna, California, scale boundary of Section 14 in Township 4 Oakland West Quadrangle. 1:24,000, dated 1955, Photorevised 1980 South, Range 2 East on the Mendenhall (20) Then proceed west on the San (39) Gilroy, California, scale 1:24,000, Springs Quadrangle. Francisco/Oakland Bay Bridge to the dated 1955, Photorevised 1981 (9) Then proceed south along the San Francisco County shoreline on the (40) Chittenden, California, scale western boundary of Section 14 in San Francisco North Quadrangle. 1:24,000, dated 1955, Photorevised 1980 Township 4 South, Range 2 East to the (21) Then proceed along the San (41) San Felipe, California, scale southwest corner of Section 14 on the Francisco, San Mateo, and Santa Cruz 1:24,000, dated 1955, Photorevised 1971 Mendenhall Springs Quadrangle. County shoreline (across the (42) Three Sisters, California, scale (10) Then proceed east along the Quadrangles of San Francisco South, 1:24,000, dated 1954, Photoinspected southern boundary of Section 14 in Montara Mountain, Half Moon Bay, San 1978, Photorevised 1971 Township 4 South, Range 2 East to the Gregorio, Pigeon Point, Franklin Point, (c) Boundary. The San Francisco Bay southeast corner of Section 14 on the An˜ o Nuevo and Davenport) to the place viticultural area is located mainly Mendenhall Springs Quadrangle. where Majors Creek flows into the within the five counties which border (11) Then proceed south along the Pacific Ocean on the Santa Cruz the San Francisco Bay and partly within western boundary of Section 24 in Quadrangle. two other counties in the State of Township 4 South, Range 2 East to the (22) Then proceed northeasterly along California. These counties are: San southwest corner of Section 24 on the Majors Creek to its intersection with the Francisco, San Mateo, Santa Clara, Mendenhall Springs Quadrangle. 400 foot contour line on the Felton Alameda, Contra Costa and partly in (12) Then proceed east along the Quadrangle. Santa Cruz and San Benito Counties. southern boundary of Section 24 in (23) Then proceed along the 400 foot The boundaries of the San Francisco Township 4 South, Range 2 East and contour line in a generally easterly/ Bay viticultural area, using landmarks Section 19 in Township 4 South, Range northeasterly direction to its and points of reference found on 3 East to the southeast corner of Section intersection with Bull Creek on the appropriate U.S.G.S. maps, are as 19 on the Mendenhall Springs Felton Quadrangle. follows: Quadrangle. (24) Then proceed along Bull Creek to (1) Beginning at the intersection of the (13) Then proceed north along the its intersection with Highway 9 on the 37 degree 00′ North latitude parallel western boundaries of Sections 20, 17, Felton Quadrangle. with State Route 152 on the Pacheco 8, and 5 on the Mendenhall Springs (25) Then proceed along Highway 9 in Peak Quadrangle. Quadrangle in Township 4 South, Range a northerly direction to its intersection (2) Then proceed in a northwesterly 3 East, north (across the Altamont with Felton Empire Road. direction in a straight line to the Quadrangle) along the western (26) Then proceed along Felton intersection of Coyote Creek with the boundaries of Sections 32, 29, 20, 17, 8, Empire Road in a westerly direction to township line dividing Township 9 and 5 in Township 3 South, Range 3 its intersection with the 400 foot South from Township 10 South on the East, and north along the eastern contour line on the Felton Quadrangle. Gilroy Hot Springs Quadrangle. boundaries of Sections 31, 30, 19, and (27) Then proceed along the 400 foot (3) Then proceed in a northwesterly 18 in Township 2 South, Range 3 East contour line (across the Laurel, Soquel, direction in a straight line to the to the northeast corner of Section 18 on Watsonville West and Loma Prieta intersection of the township line the Byron Hot Springs Quadrangle. Quadrangles) to its intersection with Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Proposed Rules 54409
Highway 152 on the Watsonville East Bay National Park, to fully describe and process was that regional reductions of Quadrangle. analyze the potential effects of a range NOX are needed to reduce the transport (28) Then proceed along Highway 152 of alternative actions under of ozone and its precursors. EPA in a northeasterly direction to its consideration. considered OTAG’s recommendations intersection with the 600 foot contour The public review and comment when crafting the transport rule, which line just west of Bodfish Creek on the period for the environmental assessment will limit NOX emissions through Watsonville East Quadrangle. and the proposed rule coincide. The implementation of state-wide NOX (29) Then proceed in a generally east/ NPS will hold public meetings on the emissions budgets. OTAG also southeasterly direction along the 600 proposal and alternatives and publish a concluded that cost effective emission foot contour line (across the Mt. schedule of times, dates and locations in reductions from large stationary sources Madonna and Gilroy Quadrangles), the Federal Register. No final decisions could be greatly facilitated through an approximately 7.3 miles, to the first will be reached until all applicable legal emissions trading program. intersection of the western section line requirements have been met, including As a way to increase flexibility, of Section 30, Township 11 South, environmental review requirements. maximize cost savings, and promote workable solutions, EPA is offering to Range 4 East on the Chittenden DATES: Comments on the proposed rule Quadrangle. and environmental assessment will be administer a multi-state cap and trade (30) Then proceed south along the accepted through May 15, 1998. program for large stationary sources. section line approximately 1.9 miles to States are encouraged to participate in ADDRESSES: the south township line at Section 31, Comments should be the trading program as a simple and Township 11 South, Range 4 East on the addressed to: Superintendent, Proposed cost-effective strategy for meeting their Chittenden Quadrangle. Regulations Comment, Glacier Bay state-wide emission budget (31) Then proceed in an easterly National Park and Preserve, PO Box 140, requirements. In developing the direction along the township line Gustavus, Alaska 99826. framework for a cap and trade program, (across the San Felipe Quadrangle), FOR FURTHER INFORMATION CONTACT: J. M. EPA will build upon the work produced approximately 12.4, miles to the Brady, Superintendent, Glacier Bay by OTAG’s Trading/Incentives intersection of Township 11 South and National Park and Preserve, PO Box 140, Workgroup. The NOX Trading Rule Township 12 South and Range 5 East Gustavus, Alaska 99826, Telephone: Workshops will provide an opportunity and Range 6 East on the Three Sisters (907) 697–2230. for interested participants to contribute Quadrangle. Dated: October 8, 1997. to the development of the model trading (32) Then proceed north along the Robert D. Barbee, rule. It is anticipated that the model trading rule will be included in a Range 5 East and Range 6 East range line Regional Director, Alaska Region. approximately 5.5 miles to Pacheco supplemental notice of proposed [FR Doc. 97–27731 Filed 10–17–97; 8:45 am] Creek on the Pacheco Creek Quadrangle. rulemaking for the transport rule in (33) Then proceed northeast along BILLING CODE 4310±70±P early 1998 and will be finalized along Pacheco Creek approximately .5 mile to with the transport rule in September the beginning point. 1998. ENVIRONMENTAL PROTECTION EPA would like to continue the Signed: October 1, 1997. AGENCY cooperative, open process established John W. Magaw, by OTAG as we develop the trading Director. 40 CFR Part 52 program. Two workshops will be held, [FR Doc. 97–27692 Filed 10–17–97; 8:45 am] [FRL±5910±3] in early November and early December. BILLING CODE 4810±31±P The purpose of these workshops is to Acid Rain Program: Public Workshop provide a forum for input on the on an Emissions Trading Program for framework of an emissions trading DEPARTMENT OF THE INTERIOR Oxides of Nitrogen (NOX) program that can be used to cost- effectively reduce emissions of NOX. National Park Service AGENCY: Environmental Protection DATES: The first workshop will be held Agency (EPA). 36 CFR Part 13 on November 5, from 9:00 a.m. to 5:00 ACTION: Public workshops on a NOX p.m. A second workshop will be Glacier Bay National Park, Alaska; emissions trading program. scheduled for early December and will Commercial Fishing Regulations be announced in a future document. SUMMARY: This fall, EPA will be issuing ADDRESSES: The November workshop a Notice of Proposed Rulemaking to AGENCIES: National Park Service, will be held at the Washington Marriott reduce regional transport of ozone. As Interior. located at 1221 22d Street, NW., part of this rulemaking, EPA is planning ACTION: Proposed Rule; extension of the Washington, DC. to develop a NOX emissions trading public comment period. FOR FURTHER INFORMATION CONTACT: program for large combustion sources. Stephanie Benkovic in EPA’s Acid Rain SUMMARY: The National Park Service States will be encouraged to participate (NPS) announces that the public in the trading program as a simple and Division (6204J), U.S. Environmental comment period for the proposed cost-effective strategy for meeting the Protection Agency, 401 M Street SW, Glacier Bay National Park Commercial requirements of the upcoming regional Washington, DC 20460 at (202) 233– Fishing Regulations, published in the transport rule. 9142. Federal Register on April 16, 1997 (62 EPA supported the Ozone Transport Dated: October 10, 1997. FR 18547), has been extended to May Assessment Group (OTAG), which Brian J. McLean, 15, 1998. The original comment period fostered a collaborative process among Director, Acid Rain Division, Office of was through October 15, 1997. This States and stakeholders in developing Atmospheric Programs, Office of Air and extension will allow the NPS, in a analyses and proposing strategies to Radiation. forthcoming environmental assessment address the problem of ozone transport. [FR Doc. 97–27621 Filed 10–17–97; 8:45 am] on commercial fishing within Glacier The central conclusion from the OTAG BILLING CODE 6560±50±P 54410 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Proposed Rules
ENVIRONMENTAL PROTECTION page 46815 in the second column, replace section 63.1433(a)(2) with the AGENCY replace the second sentence of the following: second paragraph with the following: ‘‘When §§ 63.132 through 63.149 of 40 CFR Part 63 ‘‘The approach used for determining subpart G refer to table 9 or table 36 of [FRL±5910±7] these emission factors is explained in subpart G, the owner or operator shall Docket No. A–96–38, Item No. II–B–6.’’ only consider organic HAP listed in RIN: 2060±AE±81 table 9 or table 36 of subpart G that are Corrections to the Regulatory Text also listed on table 4 of this subpart, for National Emission Standards for In the same proposed rule document, the purposes of this subpart. Owners Hazardous Air Pollutants for Polyether in section 63.1423(b), on page 46824 in and operators are exempt from all Polyols Production; Correction the second column, replace the requirements in §§ 63.132 through AGENCY: Environmental Protection definition for Group 1 wastewater 63.149 of subpart G that pertain solely Agency (EPA). stream with the following: and exclusively to organic HAP listed ACTION: Proposed rule; correction. ‘‘Group 1 wastewater stream means a on table 8 of subpart G. In addition, process wastewater stream at an existing when §§ 63.132 through 63.149 of SUMMARY: This document corrects errors or new affected source that meets the subpart G refer to List 1, List 2, and/or in the preamble and regulatory text for criteria for Group 1 status in § 63.132(c) List 3, as listed in table 36 of subpart G, the ‘‘National Emission Standards for of subpart G, with the exceptions listed the owner or operator shall only Hazardous Air Pollutants for Polyether in § 63.1433(a)(10) for the purposes of consider organic HAP contained in Polyols Production’’ which was this subpart (i.e., for organic HAP listed those lists that are also listed on table published in the Federal Register on on Table 4 of this subpart only).’’ 4 of this subpart, for the purposes of this September 4, 1997. In the same proposed rule document, subpart.’’ FOR FURTHER INFORMATION CONTACT: Mr. in section 63.1423(b), on page 46826 in Dated: October 14, 1997. David Svendsgaard; Organic Chemicals the first column, replace the definition Richard D. Wilson, Group, Emission Standards Division for Wastewater with the following: Acting Assistant Administrator for Air and (MD–13), U.S. Environmental Protection ‘‘Wastewater means water that: (1) Radiation. Agency, Research Triangle Park, North Contains either (a) an annual average [FR Doc. 97–27730 Filed 10–17–97; 8:45 am] Carolina 27711, telephone number (919) concentration of organic HAP listed in BILLING CODE 6560±50±P 541–2380. Table 4 of this subpart of at least 5 parts per million by weight and has an annual SUPPLEMENTARY INFORMATION: average flow rate of 0.02 liter per minute FEDERAL EMERGENCY Corrections to the Preamble or greater or (b) an annual average MANAGEMENT AGENCY In proposed rule FR Doc. 97–22364, concentration of organic HAP listed on beginning on page 46804 in the issue of Table 4 of this subpart of at least 10,000 44 CFR Part 67 September 4, 1997, make the following parts per million by weight at any flow [Docket No. FEMA±7231] correction in the Supplementary rate, and that (2) is discarded from a PMPU that is part of an affected source. Information section. On page 46805 in Proposed Flood Elevation Wastewater is process wastewater or the first column, replace the first and Determinations second paragraphs of the column with maintenance wastewater.’’ the following: In the same proposed rule document, AGENCY: Federal Emergency ‘‘The Basis and Purpose Document, under Process Vent Control Management Agency, FEMA. which contains the rationale for the Requirements, on page 46827 in the ACTION: Proposed rule. various components of the standard, is second column, replace section available in the docket and on the TTN. 63.1425(d) with the following: SUMMARY: Technical information or This document is entitled Hazardous ‘‘Requirements for Nonepoxide comments are requested on the Air Pollutant Emissions from the Organic HAP Emissions From Catalyst proposed base (1% annual chance) flood Production of Polyether Polyols—Basis Extraction. The owner or operator of an elevations and proposed base flood and Purpose Document for Proposed existing affected source where polyether elevation modifications for the Standards, May 1997, and has been polyol products are produced using communities listed below. The base assigned document number EPA–453/ epoxide compounds shall reduce flood elevations are the basis for the R–97–010a. emissions of nonepoxide organic HAP floodplain management measures that Other materials related to this from the sum total of all process vents the community is required either to rulemaking are also available for review associated with catalyst extraction by an adopt or to show evidence of being in the docket. Some of the technical aggregated 90 percent for each PMPU. already in effect in order to qualify or memoranda have been compiled into a The owner or operator of a new affected remain qualified for participation in the single document, the Supplementary source where polyether polyol products National Flood Insurance Program Information Document (SID), to allow are produced using epoxide compounds (NFIP). interested parties more convenient shall reduce emissions of nonepoxide DATES: The comment period is ninety access to the information. The SID is organic HAP from the sum total of all (90) days following the second entitled Hazardous Air Pollutant process vents associated with catalyst publication of this proposed rule in a Emissions from the Production of extraction by an aggregated 98 percent newspaper of local circulation in each Polyether Polyols— Supplementary for each PMPU. A PMPU that does not community. Information Document for Proposed use any nonepoxide organic HAP in ADDRESSES: The proposed base flood Standards, May 1997, and has been catalyst extraction is exempt from the elevations for each community are assigned document number EPA–453/ requirements of this paragraph.’’ available for inspection at the office of R–97–010c.’’ In the same proposed rule document, the Chief Executive Officer of each In the same proposed rule document, under Wastewater Provisions, on page community. The respective addresses under Discussion of Major Issues, on 46843 in the first and second columns, are listed in the following table. Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Proposed Rules 54411
FOR FURTHER INFORMATION CONTACT: insurance premium rates for new Executive Order 12612, Federalism Frederick H. Sharrocks, Jr., Chief, buildings built after these elevations are This proposed rule involves no Hazard Identification Branch, Mitigation made final, and for the contents in these policies that have federalism Directorate, 500 C Street SW., buildings. implications under Executive Order Washington, DC 20472, (202) 646–2796. National Environmental Policy Act 12612, Federalism, dated October 26, SUPPLEMENTARY INFORMATION: The This proposed rule is categorically 1987. Federal Emergency Management Agency excluded from the requirements of 44 Executive Order 12778, Civil Justice (FEMA or Agency) proposes to make CFR Part 10, Environmental Reform determinations of base flood elevations Consideration. No environmental This proposed rule meets the and modified base flood elevations for impact assessment has been prepared. each community listed below, in applicable standards of section 2(b)(2) of accordance with section 110 of the Regulatory Flexibility Act Executive Order 12778. Flood Disaster Protection Act of 1973, The Associate Director, Mitigation List of Subjects in 44 CFR Part 67 42 U.S.C. 4104, and 44 CFR 67.4(a). Directorate, certifies that this proposed These proposed base flood and rule is exempt from the requirements of Administrative practice and modified base flood elevations, together the Regulatory Flexibility Act because procedure, Flood insurance, Reporting with the floodplain management criteria proposed or modified base flood and recordkeeping requirements. required by 44 CFR 60.3, are the elevations are required by the Flood Accordingly, 44 CFR part 67 is minimum that are required. They Disaster Protection Act of 1973, 42 proposed to be amended as follows: should not be construed to mean that U.S.C. 4104, and are required to PART 67Ð[AMENDED] the community must change any establish and maintain community existing ordinances that are more eligibility in the National Flood 1. The authority citation for part 67 stringent in their floodplain Insurance Program. As a result, a continues to read as follows: management requirements. The regulatory flexibility analysis has not Authority: 42 U.S.C. 4001 et seq.; community may at any time enact been prepared. Reorganization Plan No. 3 of 1978, 3 CFR, stricter requirements of its own, or Regulatory Classification 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, pursuant to policies established by other 3 CFR, 1979 Comp., p. 376. Federal, state or regional entities. These This proposed rule is not a significant proposed elevations are used to meet regulatory action under the criteria of § 67.4 [Amended] the floodplain management section 3(f) of Executive Order 12866 of 2. The tables published under the requirements of the NFIP and are also September 30, 1993, Regulatory authority of § 67.4 are proposed to be used to calculate the appropriate flood Planning and Review, 58 FR 51735. amended as follows:
# Depth in feet above ground. State City/town/county Source of flooding Location *Elevation in feet (NGVD) Existing Modified
Delaware ...... Newark (City), New Christina River ...... Approximately 100 feet downstream of *131 *130 Castle County. State Route 273. At Wedgewood Road ...... *161 *158 West Branch Christina Approximately 580 feet upstream of con- *88 *87 River. fluence with Christina River. At state boundary ...... *108 *107 Persimmon Run ...... At the confluence with West Branch *97 *96 Christina River. Approximately 380 feet upstream of con- *99 *98 fluence with West Branch Christina River. Tributary to West Branch At confluence with West Branch Christina *108 *106 Christina River. River. Approximately 300 feet upstream of con- *108 *107 fluence with West Branch Christina River. Maps available for inspection at the Newark Planning Department, 220 Elkton Road, Newark, Delaware. Send comments to Mr. Carl F. Luft, Newark City Manager, 220 Elkton Road, Newark, Delaware 19711.
Delaware ...... New Castle County Christina River ...... Approximately 50 feet upstream of State *134 *133 (Unincorporated Route 273 (Nottingham Road). Areas). At State boundary ...... *162 *160 West Branch Christina Approximately 1,500 feet upstream of *91 *90 River. confluence with Christina River. Approximately 900 feet upstream of State *108 *106 Route 2. East Branch Christina At confluence with Christina River ...... *158 *156 River. Approximately 100 feet upstream of the *158 *157 confluence with Christina River. 54412 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Proposed Rules
# Depth in feet above ground. State City/town/county Source of flooding Location *Elevation in feet (NGVD) Existing Modified
Maps available for inspection at the New Castle County Department of Planning, 2701 Capitol Trail, Newark, Delaware. Send comments to Mr. Thomas P. Gordon, New Castle County Executive, 800 North French Street, Wilmington, Delaware 19801.
Florida ...... Auburndale (City) Lake Arianna ...... Shoreline within community ...... None *138 Polk County. Lake Lena ...... Shoreline within community ...... None *138 Maps available for inspection at the City of Auburndale Building and Zoning Division, 207 Orange Street, Auburndale, Florida. Send comments to The Honorable W. B. Whatlay, Mayor of the City of Auburndale, 110 Tampa Street, P.O. Box 186, Auburndale, Florida 33823.
Florida ...... Dundee (Town) Peace Creek Drainage At downstream Town of Dundee cor- *122 *124 Polk County. Canal. porate limit. At upstream Town of Dundee corporate *122 *124 limit. Lake Dell Outlet Ditch ...... At downstream Town of Dundee cor- *123 *125 porate limit. Upstream side of U.S. Highway 27 ...... *125 *126 Peace Creek Drainage At confluence with Peace Creek Drain- *122 *124 Canal Tributary 3. age Canal. At upstream corporate limit ...... None *124 Maps available for inspection at the Dundee Town Hall, 105 Center Street, Dundee, Florida. Send comments to Mr. Ben Saag, Dundee Town Manager, 105 Center Street, Dundee, Florida 33838.
Florida ...... Eagle Lake (City), Lake McLeod ...... Entire shoreline within community ...... None *135 Polk County. Eagle Lake ...... Entire shoreline within community ...... None *132 Maps available for inspection at the Eagle Lake City Hall, 75 North Seventh Street, Eagle Lake, Florida. Send comments to Ms. Linda Weldon, Eagle Lake City Manager, P.O. Box 129, Eagle Lake, Florida 33839.
Florida ...... Haines City (City), Hammock Lake ...... Entire shoreline within community ...... *134 *135 Polk County. Lake Brooks ...... Entire shoreline within community ...... None *135 Little Lake Hamilton ...... Entire shoreline within community ...... *123 *124 Lake Alice ...... Entire shoreline within community ...... *130 *131 Shallow Flooding Area ..... Between Melbourne Avenue and John- None *110 son Avenue. Between Baker Dairy Road and Johnson None *115 Avenue. Maps available for inspection at the Haines City City Hall, 502 East Hinson Avenue, Haines City, Florida. Send comments to The Honorable Kenneth Thompson, Mayor of the City of Haines City, P.O. Box 1507, 502 East Hinson Avenue, Haines City, Florida 33845.
Florida ...... Hillcrest Heights Crooked Lake ...... Entire shoreline within community ...... None *126 (Town), Polk County. Maps available for inspection at the Lake Wales City Hall, 152 East Central Avenue, Lake Wales, Florida. Send comments to The Honorable Andrew E. Bryan, Mayor of the Town of Hillcrest Heights, P.O. Box 129, Badson Park, Florida 33827.
Florida ...... Keystone Heights Lake Geneva ...... Entire shoreline within community ...... None *108 (City). Clay County ...... Brooklyn Lake ...... Entire shoreline within community ...... None *118 Maps available for inspection at the Keystone Heights City Hall, 555 South Lawrence Boulevard, Keystone Heights, Florida. Send comments to The Honorable Archie Green, Mayor of the City of Keystone Heights, P.O. Box 420, Keystone Heights, Florida 32656. Florida
Florida ...... Lake Alfred (City), Lake Alfred ...... Entire shoreline within community ...... *134 *135 Polk County. Lake Swoope ...... Entire shoreline within community ...... None *134 Maps available for inspection at the Lake Alfred City Hall, 120 East Pomelo Street, Lake Alfred, Florida. Send comments to The Honorable Larry Clark, Mayor of the City of Lake Alfred, 155 East Pomelo Street, Lake Alfred, Florida 33850.
Florida ...... Lakeland (City), Lake Parker #1 ...... Shoreline within community ...... *132 *134 Polk County. Lake Gibson ...... Shoreline within community ...... None *146 Lake Parker Tributary ...... At Lake Parker Drive ...... *132 *134 Approximately 1,000 feet downstream of *133 *134 State Road 33. Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Proposed Rules 54413
# Depth in feet above ground. State City/town/county Source of flooding Location *Elevation in feet (NGVD) Existing Modified
Maps available for inspection at the City of Lakeland Building Inspection Division, 228 South Massachusetts Avenue, Lakeland, Florida. Send comments to Mr. E.S. Strickland, Lakeland City Manager, 228 South Massachusetts Avenue, Lakeland, Florida 33801±5086.
Florida ...... Lake Hamilton Lake Hamilton ...... Entire shoreline within community ...... *123 *124 (Town), Polk County. Flooding effects from Little Approximately 200 feet north of Hughes *123 *124 Lake Hamilton. Road/U.S. Route 27 intersection south- east to Cunningham Street/Kokomo Road intersection. Maps available for inspection at the Lake Hamilton Town Hall, 100 Smith Avenue, Lake Hamilton, Florida. Send comments to The Honorable Roger Knaus, Mayor of the Town of Lake Hamilton, P.O. Box 126, Lake Hamilton, Florida 33851.
Florida ...... Lake Wales (City), Peace Creek Drainage Approximately 0.95 mile upstream of None *119 Polk County. Canal. State Road 653. Approximately 0.60 mile upstream of None *123 Olson Road. Peace Creek Drainage Approximately 900 feet downstream of None *118 Canal Tributary 2A. CSX Transportation. Approximately 1.20 miles downstream of None *118 CSX Transportation. Peace Creek Drainage Confluence with Peace Creek Drainage None *122 Canal Tributary 2B. Canal. Downstream side of Mountain Lake Cut- None *122 off Road. Lake Myrtle #2 ...... Entire shoreline within community ...... None *120 Maps available for inspection at the Lake Wales City Hall, 152 East Central Avenue, Lake Wales, Florida. Send comments to Mr. David L. Greene, Lake Wales City Manager, 152 East Central Avenue, Lake Wales, Florida 33853.
Florida ...... Lee County (Unin- Imperial River ...... Approximately 2,225 feet upstream of *11 *12 corporated Matheson Avenue. Areas). Just upstream of Bonita Grande Road .... None *17 Maps available for inspection at the Fort Myers/Lee County Library, 2050 Lee Street, Fort Myers, Florida. Send comments to Mr. Donald D. Stilwell, Lee County Manager, P.O. Box 398, Fort Myers, Florida 33902±0398.
Florida ...... Polk City (Town), Lake Agnes ...... Entire shoreline within community ...... None *136 Polk County. Mud Lake ...... Entire shoreline within community ...... None *143 Mud Lake Drain ...... Approximately 550 feet upstream of Sand None *133 Lane. At confluence of Mud Lake/ approxi- None *143 mately 450 feet upstream of State Road 33. Maps available for inspection at the Surface Water Management Department, 330 West Church Street, Bartow, Florida. Send comments to Mr. John Swanson, Polk City Town Manager, P.O. Box 1139, Polk City, Florida 33868.
Florida ...... Polk County (Unin- Fox Branch Tributary ...... At confluence with Fox Branch ...... None *144 corporated Areas). Approximately 400 feet upstream of Duff None *152 Road. Blackwater Creek ...... At downstream county boundary ...... None *112 At North Galloway Road ...... None *137 Blackwater Creek Tribu- At downstream county boundary ...... None *108 tary 2. Approximately 900 feet upstream of Ross *130 *132 Creek Road. Wahneta Farms Canal ..... Approximately 0.6 mile upstream of con- *107 *111 fluence with Peace Creek Drainage Canal. Downstream side of Hoover Road ...... None *133 Wahneta Farms Canal At confluence with Wahneta Farms Canal None *121 Tributary. Approximately 1.1 miles upstream of None *132 Eagle Lake Loop Road. Peace Creek Drainage Approximately 0.7 mile downstream of 91 *100 *101 Canal. Mine Road. 54414 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Proposed Rules
# Depth in feet above ground. State City/town/county Source of flooding Location *Elevation in feet (NGVD) Existing Modified
Approximately 1.6 miles upstream of 91 *106 *107 Mine Road. Peace Creek Drainage Confluence with Peace Creek Drainage None *115 Canal Tributary 2A. Canal. Approximately 4.6 miles upstream of None *118 Crews Road. Peace Creek Drainage Confluence with Peace Creek Drainage None *122 Canal Tributary 2B. Canal. Approximately 1.6 miles upstream of None *122 Mountain Lake Cutoff Road. Peace Creek Drainage At confluence with Peace Creek Drain- None *124 Canal Tributary 3. age Canal. Approximately 1.3 miles upstream of None *129 Lake Daisy Road. Peace Creek Drainage At confluence with Peace Creek Drain- None *125 Canal Tributary 4. age Canal. Approximately 0.5 mile upstream of Dun- None *126 dee Road. Blackwater Creek Tribu- At downstream county boundary ...... None *111 tary 1. Approximately 0.1 mile upstream of *132 *135 Lewellyn Road. Itchepackesassa Creek .... At downstream county boundary ...... None *114 At confluence of Itchepackesassa Tribu- None *120 taries 1 and 2. Itchepackesassa Creek At the confluence with Itchepackesassa None *120 Tributary 1. Creek. Approximately 2,400 feet downstream of *137 *136 North Wabash Avenue. Itchepackesassa Creek At the confluence with Itchepackesassa None *120 Tributary 2. Creek. Approximately 450 feet upstream of Air- None *139 port Road. Fox Branch ...... At Polk County boundary ...... None *86 Approximately 1,000 feet upstream of None *150 U.S. Route 98. Lake Lowery ...... Entire shoreline within community ...... *134 *135 Mountain Lake ...... Entire shoreline within community ...... None *121 Lake Effie ...... Entire shoreline within community ...... None *122 Lake Lee #2 ...... Entire shoreline within community ...... None *124 Venus Lake ...... Entire shoreline within community ...... None *127 Lake Parker #2 ...... Entire shoreline within community ...... None *123 Hammock Lake ...... Entire shoreline within community ...... *134 *135 Tower Lake ...... Entire shoreline within community ...... *134 *135 Bonnet Lake ...... Entire shoreline within community ...... *134 *135 Lake Brooks ...... Shoreline within county ...... *134 *135 Scott Lake ...... Entire shoreline within community ...... None *172 Banana Lake ...... Entire shoreline within community ...... None *107 Lake Myrtle #1 ...... Entire shoreline within community ...... None *142 Little Van Lake ...... Entire shoreline within community ...... None *142 Lake Griffin ...... Entire shoreline within community ...... *134 *135 Lake Alfred ...... Entire shoreline within community ...... *134 *135 Lake Medora ...... Entire shoreline within community ...... None *141 Lake Mariana ...... Entire shoreline within community ...... *139 *140 Lake Blue ...... Entire shoreline within community ...... None *151 Sears Lake ...... Entire shoreline within community ...... None *144 Lake Grass ...... Entire shoreline within community ...... None *140 Lake Gibson ...... Entire shoreline within community ...... *145 *146 Lake McLeod ...... Entire shoreline within community ...... None *135 Spirit Lake ...... Entire shoreline within community ...... None *135 Grassy Lake #2 ...... Entire shoreline within community ...... None *136 Eagle Lake ...... Entire shoreline within community ...... None *132 Millsite Lake ...... Entire shoreline within community ...... None *126 Lake Parker #1 ...... Entire shoreline within community ...... *132 *134 Lake Bonnet Drain ...... Just downstream of North Chestnut Road None *140 Approximately 300 feet downstream of None *144 Brunnell Parkway. Lake Garfield ...... Entire shoreline within community ...... *107 *108 Lake Myrtle #2 ...... Entire shoreline within community ...... None *120 Round Lake ...... Entire shoreline within community ...... None *131 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Proposed Rules 54415
# Depth in feet above ground. State City/town/county Source of flooding Location *Elevation in feet (NGVD) Existing Modified
Reeves Lake ...... Entire shoreline within community ...... None *126 Lake Hart ...... Entire shoreline within community ...... None *126 Lake Ruby ...... Entire shoreline within community ...... None *126 Lake Daisy ...... Entire shoreline within community ...... *131 *132 Lake Fox ...... Entire shoreline within community ...... None *136 River Lake ...... Entire shoreline within community ...... None *143 Lake Florence ...... Entire shoreline within community ...... *129 *130 Crystal Lake #3 ...... Entire shoreline within community ...... None *131 Lake Reed ...... Entire shoreline within community ...... None *140 Lake Annie ...... Entire shoreline within community ...... None *124 Lake Arbuckle ...... Entire shoreline within community ...... None *59 Lake Bess ...... Entire shoreline within community ...... None *126 Dinner Lake #1 ...... Entire shoreline within community ...... None *130 Dinner Lake #2 ...... Entire shoreline within community ...... None *124 Grassy Lake #3 ...... Entire shoreline within community ...... None *129 Thomas Lake #1 ...... Entire shoreline within county ...... None *137 Camp Lake ...... Entire shoreline within county ...... *133 *134 Lake Eva #1 ...... Entire shoreline within county ...... *134 *135 Lake Swoope ...... Entire shoreline within county ...... None *134 Lake Joe ...... Entire shoreline within county ...... None *126 Lake Marion ...... Entire shoreline within community ...... *68 *72 Little Lake Hamilton ...... Entire shoreline within county ...... *123 *124 Lake Hamilton ...... Entire shoreline within county ...... *123 *124 Middle Lake Hamilton ...... Entire shoreline within county ...... *123 *124 Lake Streety ...... Entire shoreline within community ...... None *110 Hickory Lake ...... Entire shoreline within community ...... None *99 Silver Lake ...... Entire shoreline within community ...... None *106 Lake Wedhyakapka ...... Entire shoreline within community ...... *64 *65 Lake Leonore ...... Entire shoreline within community ...... None *88 Blue Lake ...... Entire shoreline within community ...... None *125 Lake Moody ...... Entire shoreline within community ...... None *94 Mud Lake ...... Entire shoreline within community ...... *141 *143 Surveyors Lake ...... Entire shoreline within community ...... None *135 Gator Lake ...... Entire shoreline within community ...... None *135 Grassy Lake #4 ...... Entire shoreline within community ...... None *140 Polecat Lake ...... Entire shoreline within community ...... None *144 Tiger Lake ...... Entire shoreline within community ...... None *57 Lake Aurora ...... Entire shoreline within community ...... None *107 Big Gum Lake ...... Entire shoreline within community ...... *95 *96 Cypress Lake ...... Entire shoreline within community ...... None *102 Little Gum Lake ...... Entire shoreline within community ...... None *98 Parks Lake ...... Entire shoreline within community ...... None *105 Thomas Lake #2 ...... Entire shoreline within community ...... None *106 Lake Mabel ...... Entire shoreline within community ...... None *117 Lake Tennessee ...... Entire shoreline within community ...... None *136 Lake Juliana ...... Entire shoreline within community ...... *135 *136 Lake Starr ...... Entire shoreline within community ...... None *117 Lake Otis ...... Entire shoreline within county ...... *130 *134 Lake Ring ...... Entire shoreline within county ...... None *138 Lake Elizabeth ...... Entire shoreline within county ...... None *135 Lake Ida #1 ...... Entire shoreline within community ...... *135 *138 Lester Lake ...... Entire shoreline within community ...... *130 *132 Polk Lake ...... Entire shoreline within community ...... None *110 Mud Lake Drain ...... Approximately 700 feet downstream of *137 *138 State Road 33. At confluence of Mud Lake ...... *141 *143 Crystal Lake #1 ...... Entire shoreline within county ...... None *140 Lake Davenport ...... Entire shoreline within county ...... None *121 Horse Creek ...... Approximately 1,450 feet above State None *115 Route 547. Approximately 2,300 feet above State None *115 Route 547. Lake Hatchineha ...... Entire shoreline within community ...... None *57 Lake Boomerang ...... Entire shoreline within community ...... None *123 Grassy Lake No. 1 ...... Entire shoreline within community ...... None *134 Lake Holloway ...... Entire shoreline within community ...... None *141 Crews Lake ...... Entire shoreline within community ...... None *149 Lake Henry No. 2 ...... Entire shoreline within community ...... None *160 Old Lake Davneport ...... Entire shoreline within community ...... None *112 South Prong Alafia River .. At downstream county boundary ...... None *97 54416 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Proposed Rules
# Depth in feet above ground. State City/town/county Source of flooding Location *Elevation in feet (NGVD) Existing Modified
Approximately 1.1 miles upstream of None *117 Bethlehem Road. Maps available for inspection at the Polk County Engineering Department, 330 West Church Street, Bartow, Florida. Send comments to Mr. Neil Combee, Chairman of the Polk County Board of Commissioners, P.O. Box 9005, Drawer BC01, Bartow, Florida 33831.
Florida ...... Stuart (City) Martin St. Lucie River ...... Approximately 200 feet east of the inter- *6 *10 County. section of U.S. 1 and Fern Avenue. Approximately 1500 feet east of the inter- *6 *7 section of East Ocean Boulevard and Flamingo Drive. North Fork St. Lucie River Approximately 300 feet east of the inter- None *7 section of East Ocean Boulevard and Flamingo Drive. Entire reach within community ...... *6 *9 South Fork St. Lucie River Approximately 300 feet west of the inter- *6 *9 section of West 1st Street and Atlanta Avenue. Approximately 1000 feet southwest of the *6 *7 intersection of South Carolina Drive and Palm City Avenue. Krueger Creek ...... Approximately 250 feet east of the inter- *6 *7 section of East Ocean Boulevard and Krueger Parkway. Fraizer Creek ...... Approximately 50 feet south of the inter- *6 *7 section of 7th Street and Colorado Av- enue. Poppolton Creek ...... Approximately 300 feet south of the inter- *6 *7 section of Federal Highway and River- view Avenue. Approximately 0.4 mile east along None *7 Central Parkway from intersection with State Route 76. Maps available for inspection at the Stuart City Hall, City Development Department, 121 S.W. Flagler Avenue, Stuart, Florida. Send comments to Mr. David Collier, Stuart City Manager, 121 S.W. Flagler Avenue, Stuart, Florida 34994.
Florida ...... Winter Haven Lake Hamilton ...... Entire shoreline within community ...... *123 *124 (City), Polk Coun- ty. Middle Lake Hamilton ...... Entire shoreline within community ...... *123 *124 Lake Otis ...... Entire shoreline within community ...... *130 *134 Lake Elbert ...... Entire shoreline within community ...... *137 *139 Lake IDA #1 ...... Entire shoreline within community ...... *135 *138 Lake Silver ...... Entire shoreline within community ...... *147 *148 Lake Idyl ...... Entire shoreline within community ...... *134 *137 Maps available for inspection at the Winter Haven City Hall, Building Department, 451 Third Street, N.W., Winter Haven, Florida. Send comments to Mr. Carl Cheatham, Winter Haven City Manager, P.O. Box 2277, Winter Haven, Florida 33883.
Georgia ...... Alpharetta (City), Lake Windward ...... Upstream of Lake Windward at city limit *1,033 *1,028 Fulton County. Approximately 100 feet upstream of Lake *992 *1,028 Windward Drive. Maps available for inspection at the City Engineer's Office, 11875 Haynes Bridge Road, Alpharetta, Georgia. Send comments to Mr. Michael Wilkes, Alpharetta City Administrator, City Hall, 2 South Main Street, Alpharetta, Georgia 30201.
Illinois ...... Glenview (Village), South Navy Ditch ...... At confluence with Chicago River, North *630 *628 Cook County. Branch, West Fork. Approximately 100 feet downstream of *630 *628 Soo Line Railroad. Des Plaines River ...... Upstream side of Central Road ...... None *637 Approximately 0.7 mile upstream of None *637 Central Road. Chicago River, North At the downstream corporate limits ...... *624 *621 Branch, West Fork. At the upstream corporate limits ...... *632 *631 Chicago River, North Approximately 300 feet upstream of cor- None *624 Branch. porate limits. At Central Road ...... None *621 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Proposed Rules 54417
# Depth in feet above ground. State City/town/county Source of flooding Location *Elevation in feet (NGVD) Existing Modified
Maps available for inspection at the Glenview Village Hall, 1225 Waukegan Road, Glenview, Illinois. Send comments to Ms. Nancy Firfer, Glenview Village President, 1225 Waukegan Road, Glenview, Illinois 60025.
Illinois ...... Northbrook (Vil- Chicago River, North Approximately 80 feet downstream of Old None *631 lage), Cook Branch, West Fork. Willow Road. County. Approximately 300 feet downstream of *652 *651 Interstate Route 94. Chicago River, North Approximately 200 feet downstream of *635 *636 Branch, Middle Fork. Meadow Brook Drive. Approximately 300 feet upstream of Red None *651 Oak Drive. Underwriters Tributary ...... Approximately 300 feet upstream of con- *651 *649 fluence with Chicago River, North Branch, West Fork. Approximately 200 feet downstream of *664 *665 Helen Drive. Techny Drain ...... Approximately 300 feet upstream of con- None *636 fluence with Chicago River, North Branch, West Fork. Downstream face of culvert approxi- *668 667 mately 70 feet downstream of Pfingston Road. Techny Drain, South Fork At confluence with Techny Drain ...... *653 *652 Approximately 200 feet upstream of *666 *663 Wood Drive. Maps available for inspection at the Northbrook Village Hall, Engineering Department, 1225 Cedar Lane, Northbrook, Illinois. Send comments to Mr. Mark Damisch, President of the Village of Northbrook, 1225 Cedar Lane, Northbrook, Illinois 60062.
Maine ...... Sanford (Town), Mousam River (Lower At the downstream corporate limits ...... None *154 York County. Reach). At downstream side of Estes Lake Dam .. None 184 Maps available for inspection at the Town of Sanford Code Enforcement Office, 267 Main Street, Sanford, Maine. Send comments to Mr. John Webb, Sanford Town Administrator, 267 Main Street, Sanford, Maine 04073.
Minnesota ...... Olmsted County North Run of the North At U.S. Highway 14 ...... *1,007 *1,006 (Unincorporated Fork of Cascade Creek. Areas). Approximately 550 feet downstream of *1,043 *1,037 KR±6 Dam. South Run of the North Approximately 100 feet upstream of the *1,007 *1,006 Fork of Cascade Creek. confluence with Cascade Creek. Approximately 1.31 miles upstream of *1,041 *1,040 Chicago and Northwestern Railroad. South Fork Zumbro River Approximately 600 feet downstream of None *968 55th Street NW. Approximately 700 feet downstream of *1,028 *1,027 Mayowood Road. Bear Creek ...... Approximately 520 feet upstream of the *1,013 *1,012 confluence of Willow Creek. Approximately 220 feet upstream of the *1,017 *1,016 confluence of Badger Creek. Cascade Creek ...... Approximately 0.4 mile upstream of the *1,006 *1,005 confluence of North Run of the North Fork of Cascade Creek. Approximately 250 feet downstream of *1,014 *1,015 County Road 34. Shallow Flooding Area ..... Between the Chicago and Northwestern #1 #2 Railroad and North Run of the North Fork of Cascade Creek. Maps available for inspection at the City of Rochester-Olmsted Planning Department, 2122 Campus Drive, S.E., Rochester, Minnesota. Send comments to Mr. Richard Devlin, Olmsted County Administrator, 151 4th Street, S.E., Rochester, Minnesota 55904.
Minnesota ...... Rochester (City) North Run of the North At confluence with Cascade Creek ...... *1,006 *1,004 Olmsted County. Fork of Cascade Creek. Approximately 1,000 feet upstream of *1,028 *1,027 19th Street NW. South Run of the North At confluence with Cascade Creek ...... *1,007 *1,006 Fork of Cascade Creek. 54418 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Proposed Rules
# Depth in feet above ground. State City/town/county Source of flooding Location *Elevation in feet (NGVD) Existing Modified
Approximately 0.5 mile upstream of Chi- *1,027 *1,026 cago and North Western. Bear Creek ...... Approximately 300 feet downstream of *987 *986 4th Street SE. Approximately 50 feet downstream of *1,012 *1,011 confluence of Willow Creek. South Fork Zumbro River At 55th Street NW ...... None *986 Approximately 1,500 feet downstream of *1,027 *1,026 Mayowood Road. Cascade Creek ...... At confluence with South Fork Zumbro *979 *978 River. Approximately 250 feet downstream of *1,014 *1,015 County Road 34. Willow Creek ...... Approximately 660 feet upstream of the *1,012 *1,013 confluence with Bear Creek. Approximately 265 feet downstream of *1,014 *1,015 11th Avenue SE. Shallow Flooding Area ..... Between U.S. Highway 14 and the Chi- #1 #2 cago and Northwestern Railroad, ap- proximately 850 feet northwest of the intersection of 7th Street NW and U.S. Highway 14. Between the Chicago and Northwestern #2 #1 Railroad and the North Run of the North Fork of Cascade Creek. Between U.S. Highway 14 and the Chi- #1 #3 cago and Northwestern Railroad, ap- proximately 400 feet northwest of the intersection of 7th Street NW and U.S. Highway 14. Maps available for inspection at the City of Rochester-Olmsted Planning Department, 2122 Campus Drive, S.E., Rochester, Minnesota. Send comments to Mr. Gary Neumann, Assistant City Administrator, City Administrator's Office, 201 4th Street, S.E., Room 266, Rochester, Minnesota 55904±3781.
New Hampshire ..... Alexandria (Town), Newfound Lake ...... Entire shoreline within the community ..... None *591 Grafton County. Maps available for inspection at the Alexandria Town Hall, Plummer Hill, Alexandria, New Hampshire. Send comments to Mr. Ernest Parmenter, Chairman of the Town of Alexandria Board of Selectmen, Alexandria Town Office, Plummer Hill, Al- exandria, New Hampshire 03222.
New Jersey ...... Brick (Township), Atlantic Ocean ...... Approximately 250 feet east of the inter- *10 *15 Ocean County. section of Ocean Avenue and Bay Av- enue South. Entire shoreline within community ...... *13 *15 Shallow Flooding ...... Approximately 50 feet west of the inter- *8 #1 section of Ocean Avenue and Grand- view Avenue. At intersection of southbound lane of *7 #2 State Route 35 and 9th Avenue. Barnegat Bay ...... Approximately 1,200 feet west of the *6 *7 intersection of southbound lane of State Route 35 and Brigantine Lane. At intersection of Curtis Point Drive and *9 *7 southbound lane of State Route 35. Maps available for inspection at the Township of Brick Engineering Department, Brick Town Hall, 401 Chambers Bridge Road, Brick, New Jersey. Send comments to The Honorable Joseph Scarpilley, Mayor of the Township of Brick, 401 Chambers Bridge Road, Brick, New Jersey 08723.
New York ...... Canton (Town), St. Grass River ...... Approximately 1.02 miles downstream of None *323 Lawrence County. State Route 68. Approximately 150 feet downstream of None *497 upstream Town of Canton corporate limit. Maps available for inspection at the Town of Canton Code Enforcement Office, Canton Municipal Building, 60 Main Street, Canton, New York. Send comments to Mr. James T. Smith, Canton Town Supervisor, Canton Municipal Building, 60 Main Street, Canton, New York 13617.
North Carolina ...... Alexander County Catawba River (Lake At upstream side of Oxford Dam ...... None *935 (Unincorporated Hickory). Areas). Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Proposed Rules 54419
# Depth in feet above ground. State City/town/county Source of flooding Location *Elevation in feet (NGVD) Existing Modified
At downstream side of State Highway None *936 127. Catawba River (Lookout At downstream county boundary ...... None *847 Shoals Lake). Approximately 1.9 miles upstream of None *849 downstream county boundary. Maps available for inspection at the Alexander County Planning and Inspection Emergency Management Office, 322 1st Avenue, S.W., Tay- lorsville, North Carolina. Send comments to Mr. Craig Mayberry, Chairman of the Alexander County Commission, 255 Liledoun Road, Taylorsville, North Carolina 28681.
North Carolina ...... Atlantic Beach Bogue Sound ...... At the intersection of Salter Path Road None *7 (Town), Carteret and Henderson Boulevard. County. Approximately 800 feet northwest of the *7 *8 intersection of Salter Path Road and Henderson Boulevard. Atlantic Ocean ...... Approximately 150 feet south from the None *12 intersection of Henderson Boulevard and Asbury Avenue. Approximately 330 feet south from the *15 *18 intersection of Henderson Boulevard and Ess Pier along Ess Pier. Maps available for inspection at the Atlantic Beach Town Hall, 125 West Fort Macon Road, Atlantic Beach, North Carolina. Send comments to Mr. Kim A. Cox, Atlantic Beach Town Manager, 125 West Fort Macon Road, P.O. Box 10, Atlantic Beach, North Carolina 28512.
North Carolina ...... Burke County (Un- Rhodhiss Lake ...... At Lake Rhodhiss Dam ...... None *1,003 incorporated Areas). At State Route 1001 ...... None *1,005 Maps available for inspection at the Avery Avenue Government Building, 200 Avery Avenue, Morganton, North Carolina. Send comments to Mr. Jimmy Jacumin, Chairman of the Burke County Board of Commissioners, Resource Center, P.O. Box 219, Morganton, North Carolina 28680±0219.
North Carolina ...... Caldwell County Catawba River ...... At Lake Rhodhiss Dam ...... None *1,003 (Unincorporated Areas). At State Route 1001 ...... None *1,005 Maps available for inspection at the Caldwell County Planning Department, Caldwell County Offices, 905 West Avenue, Lenoir, North Caro- lina. Send comments to Dr. John Thuss, Chairman of the Caldwell County Board of Commissioners, P.O. Box 2200, Lenoir, North Carolina 28645±2200.
North Carolina ...... Catawba County Catawba River (Lake At Oxford Dam ...... None *935 (Unincorporated Hickory). Areas). At confluence of Snow Creek ...... None *935 Catawba River (Lookout At Lookout Shoals Lake ...... None *849 Shoals Lake). Approximately 4.3 miles upstream of Lookout Shoals Dam. Catawba River (Lake Nor- At downstream county boundary ...... None *761 man). Approximately 0.6 mile downstream of None *762 NC 1004. Elk Shoal Creek ...... Approximately 875 feet upstream of con- *840 *849 fluence with Catawba River. Approximately 750 feet upstream of State *848 *849 Route 1700. Dellinger Creek ...... At confluence with Elk Shoal Creek ...... *849 *850 Approximately 680 feet upstream of con- *851 *852 fluence with Elk Shoal Creek. Maps available for inspection at the Catawba County Zoning Office, 100A Southwest Boulevard, Newton, North Carolina. Send comments to Mr. Tom Lundy, Catawba County Manager, P.O. Box 389, Newton, North Carolina 28658.
North Carolina ...... Emerald Isle Atlantic Ocean ...... At intersection of Bogue Court and Inlet None *15 (Town), Carteret Drive. County. 54420 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Proposed Rules
# Depth in feet above ground. State City/town/county Source of flooding Location *Elevation in feet (NGVD) Existing Modified
500 feet south of intersection of Ocean *16 *19 Drive and Sea Dunes Drive. Bogue Sound ...... 200 feet north of intersection of Bur- None *8 lington Street and Emerald Drive. 1,000 feet north of the intersection of *12 *15 Bugue Court and Inlet Drive. Maps available for inspection at the Emerald Isle Town Hall, 7500 Emerald Drive, Emerald Isle, North Carolina. Send comments to Mr. Peter S. Allen, Emerald Isle Town Manager, 7500 Emerald Drive, Emerald Isle, North Carolina 28594±9320.
North Carolina ...... Goldsboro (City), Mills Creek ...... Approximately 600 feet upstream of con- None *95 Wayne County. fluence with West Bear Creek. Approximately 1,075 feet upstream of None *116 State Route 13. Maps available for inspection at the Goldsboro City Hall Annex, 222 North Center Street, Goldsboro, North Carolina. Send comments to The Honorable Howell K. Plonk, Mayor of the City of Goldsboro, P.O. Drawer A, Goldsboro, North Carolina 27530.
North Carolina ...... Haywood County West Fork Pigeon River ... Approximately 200 feet upstream of con- *2,653 *2,654 (Unincorporated fluence with East Fork Pigeon River. Areas). At confluence with Lake Logan ...... None *2,865 Maps available for inspection at the Haywood County Planning Director's Office, 2143 Asheville Road, Waynesville, North Carolina. Send comments to Mr. Jack Horton, Haywood County Manager, 215 North Main Street, Courthouse Annex One, Waynesville, North Carolina 28786.
North Carolina ...... Hickory (City), Lake Hickory ...... At downstream corporate limits ...... None *935 Burke and Ca- tawba Counties. At NC 127 ...... None *936 Maps available for inspection at the City of Hickory Planning Office, 76 North Center Street, Hickory, North Carolina. Send comments to The Honorable William R. McDonald, Mayor of the City of Hickory, P.O. Box 398, Hickory, North Carolina 28603±0398.
North Carolina ...... High Point (City) Boulding Branch ...... Approximately 300 feet upstream of Deep *777 *776 Davidson, Guil- River Road. ford, and Ran- dolph Counties. Approximately 100 feet downstream of *850 *849 Boundary Avenue. Payne Creek Tributary ..... At confluence with Payne Creek ...... None *744 Approximately 1.1 miles upstream of None *782 Canterbury Road. Payne Creek (formerly Just upstream of corporate limits ...... *741 *743 Stream 95 In High Point). Approximately 1,470 feet upstream of *825 *826 Rockford Road. Stream 97 ...... Approximately 1.1 miles downstream of None *750 Chestnut Glen Way. Approximately 115 feet upstream of None *823 Westchester Drive. Sandy Ridge Tributary ..... Approximately 1,550 feet downstream of None *797 State Route 68. Approximately 150 feet downstream of None *832 Gallimore Dairy Road. Tributary to West Fork At confluence with West Fork Deep River None *817 Deep River. Approximately 1,700 feet upstream of None *817 confluence with West Fork Deep River. Davis Lake Tributary No. At the confluence with East Fork Deep None *787 1. River. Just downstream of State Route 68 ...... None *805 Davis Lake Tributary No. At confluence with Davis Lake Tributary None *797 2. No. 1. Approximately 1,775 feet upstream of None *819 Highway 68. Long Branch ...... Approximately 1,800 feet downstream of *771 *770 Jamesford Road. Approximately 0.51 mile upstream of *776 *777 Jamesford Drive. Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Proposed Rules 54421
# Depth in feet above ground. State City/town/county Source of flooding Location *Elevation in feet (NGVD) Existing Modified
Stream No. 18 ...... Approximately 0.46 mile upstream of con- *776 *777 fluence with West Fork Deep River. Approximately 1,350 feet upstream of None *820 Hickswood Road. Stream No. 92 ...... Approximately 300 feet downstream of *778 *770 corporate limits. Approximately 60 feet downstream of *792 *779 confluence of Stream No. 93. Stream No. 93 ...... Approximately 25 feet upstream of con- *793 *792 fluence with Stream No. 92. Approximately 50 feet downstream of *823 *827 Westchester Drive (State Route 68). Stream 99 ...... Approximately 1.4 miles downstream of None *748 Westchester Drive. Approximately 20 feet downstream of *825 *826 Westchester Drive. Richland Creek ...... Approximately 1,550 feet upstream of *706 *705 Kersey Valley Road. Approximately 900 feet upstream of *783 *784 Brentwood Street. Rich Fork ...... Approximately 1,450 feet downstream of *745 *748 Rock Bridge Road. Approximately 250 feet upstream of up- *753 *754 stream corporate limits. Mile Branch ...... At confluence with Richland Creek ...... *707 *705 Approximately 950 feet upstream of con- *707 *706 fluence with Richland Creek. Maps available for inspection at the City of High Point Municipal Office Building, 211 South Hamilton Street, High Point, North Carolina. Send comments to The Honorable Rebecca Smothers, Mayor of the City of High Point, P.O. Box 230, High Point, North Carolina 27261.
North Carolina ...... Iredell County Catawba River (Lake Nor- At downstream county boundary ...... None *761 (Unincorporated man). Areas). Approximately 1 mile downstream of None *763 State Route 1004. Catawba River (Lookout At Lookout Shoals Dam ...... None *847 Shoals Lake). At upstream county boundary ...... None *847 Maps available for inspection at the Iredell County Planning Department, 227 South Center Street, Statesville, North Carolina. Send comments to Mr. Joel Mashburn, Iredell County Manager, P.O. Box 788, Statesville, North Carolina 28687.
North Carolina ...... Lincoln County (Un- Lake Norman ...... Entire shoreline within community ...... None *761 incorporated Areas). Maps available for inspection at the Lincoln County Building and Land Development Department, 302 North Academy Street, Lincolnton, North Carolina. Send comments to Mr. Richard French, Lincoln County Manager, 115 West Main Street, Lincolnton, North Carolina 28092.
North Carolina ...... Mecklenburg Coun- Lake Norman ...... Entire shoreline within county ...... None *761 ty (Unincor- porated Areas). Mountain Island Lake ...... At mountain Island Dam ...... None *655 Approximately 4.8 miles upstream of None *657 State Route 16. Lake Wylie ...... At downstream county boundary ...... None *571 Approximately 2.4 miles downstream of None *572 State Route 49. Maps available for inspection at the Mecklenburg County Engineering and Building Standards, 700 North Tryon Street, Charlotte, North Caro- lina. Send comments to Mr. H. Parks Helms, Chairman of the Mecklenburg Board of County Commissioners, 600 East Fourth Street, Charlotte, North Carolina 28202±2835.
North Carolina ...... Transylvania Coun- Lake Toxaway ...... Entire shoreline within community ...... None *3,012 ty (Unincor- porated Areas). Cardinal Lake ...... Entire shoreline within community ...... None *3,044 54422 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Proposed Rules
# Depth in feet above ground. State City/town/county Source of flooding Location *Elevation in feet (NGVD) Existing Modified
Maps available for inspection at the Transylvania County Community Services Building, 203 East Morgan Street, Brevard, North Carolina. Send comments to Mr. Robert Masengill, Chairman of the Transylvania County Board of Commissioners, 28 East Main Street, Brevard, North Carolina 28712.
North Carolina ...... Whiteville (City) Co- Soules Swamp ...... Approximately 0.6 mile south of intersec- None *53 lumbus County. tion of Canal Street and Mill Street. Approximately 0.3 mile south of the inter- None *53 section of State Roads 1437 and 1439. Maps available for inspection at the Whiteville City Hall, 317 South Madison, Whiteville, North Carolina. Send comments to The Honorable Horace Whitley, Mayor of the City of Whiteville, P.O. Box 607, Whiteville, North Carolina 28472.
Ohio ...... Champaign County Anderson Creek ...... At confluence with Mad River ...... None *978 (Unincorporated Areas). Approximately 3,050 feet upstream of None *1,013 Stickley Road. Mad River ...... At upstream side of County Line Road .... None *954 Approximately 1.7 miles upstream of U.S. None *1,009 Route 36. Moore Run ...... At upstream side of County Line Road .... None *963 Approximately 5,000 feet upstream of None *1,000 Woodburn Road. Maps available for inspection at the Champaign County Engineer's Office, 428 Beech Street, Urbana, Ohio. Send comments to Mr. Carmen L. Scott, Director of Logan, Union, and Champaign County Regional Planning Commission, P.O. Box 141, East Liberty, Ohio 43319.
Puerto Rico ...... BayamoÂn (Munici- Municipio de Toa Baja ..... Entire shoreline ...... ◆1.6 ◆2.5 pality) BayamoÂn None ◆1.6 County. Maps available for inspection at the BayamoÂn Planning Office, Street 4L20, Santa Monica, BayamoÂn, Puerto Rico. Send comments to Ms. Matilde Lopez, Director of the Municipality of BayamoÂn Planning Office, Street 4L20, Santa Monica, BayamoÂn, Puerto Rico 00957.
Puerto Rico ...... Lajas Valley ...... Atlantic Ocean Municipio Entire shoreline ...... ◆1.6 ◆2.8 de Cabo Rojo. ◆1.6 ◆1.5 Municipio de Guanica ...... Entire shoreline ...... ◆2.2 ◆3.2 ◆2.0 ◆2.4 Municipio de Lajas ...... Entire shoreline ...... ◆2.5 ◆3.8 ◆2.5 ◆2.0 Maps available for inspection at the Puerto Rico Planning Board, Minillas Governmental Center, 12th Floor, North Building, De Diego Avenue, San Juan, Puerto Rico. Send comments to Mr. Jose R. Caballero Mercado, Vice President of the Puerto Rico Planning Board, P.O. Box 41119, Santurce, Puerto Rico 00940.
Puerto Rico ...... Lower Rio Grande Municipio de Hatillo ...... Entire shoreline ...... ◆1.6 ◆2.4 de Arecibo Basin. None ◆1.8 Municipio de Arecibo ...... Entire shoreline ...... ◆1.6 ◆2.4 ◆None ◆2.1 Maps available for inspection at the Puerto Rico Planning Board, Minillas Governmental Center, 12th Floor, North Building, De Diego Avenue, San Juan, Puerto Rico. Send comments to Mr. Jose R. Caballero Mercado, Vice President of the Puerto Rico Planning Board, P.O. Box 41119, Santurce, Puerto Rico 00940.
Puerto Rico ...... Quebrada del Agua ...... Approximately 0.75 kilometers upstream None ◆2.4 of confluence with Caribbean Sea. Approximately 3.45 kilometers upstream None ◆19.6 of confluence with Caribbean Sea. Maps available for inspection at the Puerto Rico Planning Board, Minillas Governmental Center, 12th Floor, North Building, De Diego Avenue, San Juan, Puerto Rico. Send comments to Mr. Jose R. Caballero Mercado, Vice President of the Puerto Rico Planning Board, P.O. Box 41119, Santurce, Puerto Rico 00940.
Puerto Rico ...... Rio Anton RuÂõz ...... Atlantic Ocean: Municipio Entire shoreline ...... ◆2.9 ◆3.3 de Humacao. ◆2.9 ◆2.7 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Proposed Rules 54423
# Depth in feet above ground. State City/town/county Source of flooding Location *Elevation in feet (NGVD) Existing Modified
Maps available for inspection at the Puerto Rico Planning Board, Minillas Governmental Center, 12th Floor, North Building, De Diego Avenue, San Juan, Puerto Rico. Send comments to Mr. Jose R. Caballero Mercado, Vice President of the Puerto Rico Planning Board, P.O. Box 41119, Santurce, Puerto Rico 00940.
Puerto Rico ...... Rio Blanco Basin ... Atlantic Ocean: Municipio Entire shoreline ...... ◆2.9 ◆3.3 de Humacao. ◆2.5 ◆2.3 Maps available for inspection at the Puerto Rico Planning Board, Minillas Governmental Center, 12th Floor, North Building, De Diego Avenue, San Juan, Puerto Rico. Send comments to Mr. Jose R. Caballero Mercado, Vice President of the Puerto Rico Planning Board, P.O. Box 41119, Santurce, Puerto Rico 00940.
Puerto Rico ...... Rio Camuy Basin ... Municipio de Quebradillas Entire shoreline ...... ◆1.6 ◆2.4 None ◆2.0 Municipio de Camuy ...... Entire shoreline ...... ◆1.6 ◆2.4 ◆1.6 ◆1.5 Municipio de Hatillo ...... Entire shoreline ...... ◆1.6 ◆2.4 ◆1.6 ◆1.8 Maps available for inspection at the Puerto Rico Planning Board, Minillas Governmental Center, 12th Floor, North Building, De Diego Avenue, San Juan, Puerto Rico. Send comments to Mr. Jose R. Caballero Mercado, Vice President of the Puerto Rico Planning Board, P.O. Box 41119, Santurce, Puerto Rico 00940.
Puerto Rico ...... Rio Canos ...... At confluence with RÂõo Matilde ...... None ◆11.7 Approximately 0.4 kilometers upstream of None ◆38.3 Las Delicias bridge. Maps available for inspection at the Puerto Rico Planning Board, Minillas Governmental Center, 12th Floor, North Building, De Diego Avenue, San Juan, Puerto Rico. Send comments to Mr. Jose R. Caballero Mercado, Vice President of the Puerto Rico Planning Board, P.O. Box 41119, Santurce, Puerto Rico 00940.
Puerto Rico ...... Rio Canos ...... Caribbean Sea: Municipio Entire shoreline ...... ◆2.0 ◆3.3 de Juana Diaz. 1.8 ◆2.3 Maps available for inspection at the Puerto Rico Planning Board, Minillas Governmental Center, 12th Floor, North Building, De Diego Avenue, San Juan, Puerto Rico. Send comments to Mr. Jose R. Caballero Mercado, Vice President of the Puerto Rico Planning Board, P.O. Box 41119, Santurce, Puerto Rico 00940.
Puerto Rico ...... Rio Cibulo Basin .... Municipio de Vega Baja ... Entire shoreline ...... ◆1.6 ◆2.4 None ◆2.2 Laguna Turtuguero ...... None ◆1.5 Maps available for inspection at the Puerto Rico Planning Board, Minillas Governmental Center, 12th Floor, North Building, De Diego Avenue, San Juan, Puerto Rico. Send comments to Mr. Jose R. Caballero Mercado, Vice President of the Puerto Rico Planning Board, P.O. Box 41119, Santurce, Puerto Rico 00940.
Puerto Rico ...... Rio Coamo ...... Caribbean Sea: Municipio Entire shoreline ...... ◆2.3 ◆3.9 de Santa Isabel. ◆2.0 ◆2.3 Municipio de Juana Diaz .. Entire shoreline ...... ◆2.0 ◆3.3 ◆1.8 ◆2.3 Maps available for inspection at the Puerto Rico Planning Board, Minillas Governmental Center, 12th Floor, North Building, De Diego Avenue, San Juan, Puerto Rico. Send comments to Mr. Jose R. Caballero Mercado, Vice President of the Puerto Rico Planning Board, P.O. Box 41119, Santurce, Puerto Rico 00940.
Puerto Rico ...... Rio Culebrinos Atlantic Ocean: Municipio Entire shoreline ...... ◆1.6 ◆2.5 Basin. de Rincon. ◆1.6 ◆2.0 Municipio de Aguada ...... Entire shoreline ...... ◆1.6 ◆2.3 ◆1.6 ◆1.8 Municipio de Aguadilla ..... Entire shoreline ...... ◆1.6 ◆2.3 ◆1.6 ◆1.5 54424 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Proposed Rules
# Depth in feet above ground. State City/town/county Source of flooding Location *Elevation in feet (NGVD) Existing Modified
Maps available for inspection at the Puerto Rico Planning Board, Minillas Governmental Center, 12th Floor, North Building, De Diego Avenue, San Juan, Puerto Rico. Send comments to Mr. Jose R. Caballero Mercado, Vice President of the Puerto Rico Planning Board, P.O. Box 41119, Santurce, Puerto Rico 00940.
Puerto Rico ...... Rio Daguao Basin Atlantic Ocean: Municipio Entire shoreline ...... ◆2.9 ◆3.6 de Ceiba. ◆2.9 ◆2.2 Maps available for inspection at the Puerto Rico Planning Board, Minillas Governmental Center, 12th Floor, North Building, De Diego Avenue, San Juan, Puerto Rico. Send comments to Mr. Jose R. Caballero Mercado, Vice President of the Puerto Rico Planning Board, P.O. Box 41119, Santurce, Puerto Rico 00940.
Puerto Rico ...... Rio Espiritu Santo Atlantic Ocean: Municipio Entire shoreline ...... ◆1.6 ◆2.6 Basin. de Loiza. ◆1.6 ◆2.1 Municipio de Rio Grande Entire shoreline ...... ◆2.3 ◆2.6 ◆2.3 ◆2.1 Maps available for inspection at the Puerto Rico Planning Board, Minillas Governmental Center, 12th Floor, North Building, De Diego Avenue, San Juan, Puerto Rico. Send comments to Mr. Jose R. Caballero Mercado, Vice President of the Puerto Rico Planning Board, P.O. Box 41119, Santurce, Puerto Rico 00940.
Puerto Rico ...... Rio Fajardo Basin .. Atlantic Ocean: Isla de Entire shoreline ...... None ◆4.3 Culebra. None ◆2.1 None ◆2.1 Municipio de Luquillo ...... Entire shoreline ...... ◆3.1 ◆2.7 ◆2.8 ◆1.8 Muncipio Fajardo ...... Entire shoreline ...... ◆3.1 ◆3.4 ◆2.9 ◆1.8 Maps available for inspection at the Puerto Rico Planning Board, Minillas Governmental Center, 12th Floor, North Building, De Diego Avenue, San Juan, Puerto Rico. Send comments to Mr. Jose R. Caballero Mercado, Vice President of the Puerto Rico Planning Board, P.O. Box 41119, Santurce, Puerto Rico 00940.
Puerto Rico ...... Rio Grande de Atlantic Ocean: Municipio Entire shoreline ...... ◆1.6 ◆2.6 Anasco Basin. de Anasco. ◆1.6 ◆2.0 Maps available for inspection at the Puerto Rico Planning Board, Minillas Governmental Center, 12th Floor, North Building, De Diego Avenue, San Juan, Puerto Rico. Send comments to Mr. Jose R. Caballero Mercado, Vice President of the Puerto Rico Planning Board, P.O. Box 41119, Santurce, Puerto Rico 00940.
Puerto Rico ...... Rio Grande de Caribbean Sea: Municipio Entire shoreline ...... ◆2.3 ◆1.0 Guayanes. de Yabucoa. ◆2.5 ◆3.0 Maps available for inspection at the Puerto Rico Planning Board, Minillas Governmental Center, 12th Floor, North Building, De Diego Avenue, San Juan, Puerto Rico. Send comments to Mr. Jose R. Caballero Mercado, Vice President of the Puerto Rico Planning Board, P.O. Box 41119, Santurce, Puerto Rico 00940.
Puerto Rico ...... Rio Grande de Atlantic Ocean: Municipio Entire shoreline ...... ◆1.6 ◆2.4 Loiza Basin. de Carolina. Municipio de Loiza ...... Entire shoreline ...... ◆1.6 ◆2.7 Maps available for inspection at the Puerto Rico Planning Board, Minillas Governmental Center, 12th Floor, North Building, De Diego Avenue, San Juan, Puerto Rico. Send comments to Mr. Jose R. Caballero Mercado, Vice President of the Puerto Rico Planning Board, P.O. Box 41119, Santurce, Puerto Rico 00940.
Puerto Rico ...... Rio Grande de Atlantic Ocean: Municipio Entire shoreline ...... ◆1.6 ◆2.4 Manati Basin. de Barceloneta. Municipio de Manati ...... Entire shoreline ...... ◆1.6 ◆2.4 ◆1.6 ◆1.5 Maps available for inspection at the Puerto Rico Planning Board, Minillas Governmental Center, 12th Floor, North Building, De Diego Avenue, San Juan, Puerto Rico. Send comments to Mr. Jose R. Caballero Mercado, Vice President of the Puerto Rico Planning Board, P.O. Box 41119, Santurce, Puerto Rico 00940.
Puerto Rico ...... Rios Grande de Caribbean Sea: Municipo Entire shoreline ...... ◆1.8 ◆3.4 Patillas and de Patillas. ◆1.8 ◆2.4 Guamani. Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Proposed Rules 54425
# Depth in feet above ground. State City/town/county Source of flooding Location *Elevation in feet (NGVD) Existing Modified
Municipio de Arroyo ...... Entire shoreline ...... ◆1.9 ◆3.4 ◆1.8 ◆2.2 Municipio de Guayama .... Entire shoreline ...... ◆2.2 ◆3.5 ◆1.9 ◆2.4 Municipio de Salinas ...... Entire shoreline ...... ◆2.3 ◆2.2 ◆2.2 ◆2.7 Maps available for inspection at the Puerto Rico Planning Board, Minillas Governmental Center, 12th Floor, North Building, De Diego Avenue, San Juan, Puerto Rico. Send comments to Mr. Jose R. Caballero Mercado, Vice President of the Puerto Rico Planning Board, P.O. Box 41119, Santurce, Puerto Rico 00940.
Puerto Rico ...... Rio Grande de Atlantic Ocean: Municipio Entire shoreline ...... ◆1.6 ◆2.4 Plata Basin. de Dorado. ◆1.6 ◆1.8 Municipio de Vega Alta .... Entire shoreline ...... ◆1.6 ◆2.4 None ◆2.2 Maps available for inspection at the Puerto Rico Planning Board, Minillas Governmental Center, 12th Floor, North Building, De Diego Avenue, San Juan, Puerto Rico. Send comments to Mr. Jose R. Caballero Mercado, Vice President of the Puerto Rico Planning Board, P.O. Box 41119, Santurce, Puerto Rico 00940.
Puerto Rico ...... Rio Guajataca Municipio de Isabel ...... Entire shoreline ...... None ◆2.3 Basin. None ◆1.5 Municipio de Quebradillas Entire shoreline ...... None ◆2.3 None ◆1.5 Municipio de Aguadilla ..... Entire shoreline ...... ◆1.6 ◆2.3 ◆1.6 ◆1.5 None ◆2.3 Maps available for inspection at the Puerto Rico Planning Board, Minillas Governmental Center, 12th Floor, North Building, De Diego Avenue, San Juan, Puerto Rico. Send comments to Mr. Jose R. Caballero Mercado, Vice President of the Puerto Rico Planning Board, P.O. Box 41119, Santurce, Puerto Rico 00940.
Puerto Rico ...... Rio Guanajibo ...... Atlantic Ocean: Municipio Entire shoreline ...... ◆1.6 ◆3.0 de Cabo Rojo. ◆1.6 ◆1.8 Maps available for inspection at the Puerto Rico Planning Board, Minillas Governmental Center, 12th Floor, North Building, De Diego Avenue, San Juan, Puerto Rico. Send comments to Mr. Jose R. Caballero Mercado, Vice President of the Puerto Rico Planning Board, P.O. Box 41119, Santurce, Puerto Rico 00940.
Puerto Rico ...... Rios Guayarilla and Caribbean Sea: Municipio Entire shoreline ...... ◆1.8 ◆3.4 Tallaboa. de PenÄuelas. ◆1.8 ◆2.4 Municipio de Guayarilla .... Entire shoreline ...... ◆1.8 ◆3.5 ◆1.8 ◆2.2 Maps available for inspection at the Puerto Rico Planning Board, Minillas Governmental Center, 12th Floor, North Building, De Diego Avenue, San Juan, Puerto Rico. Send comments to Mr. Jose R. Caballero Mercado, Vice President of the Puerto Rico Planning Board, P.O. Box 41119, Santurce, Puerto Rico 00940.
Puerto Rico ...... Rio Humacao ...... Atlantic Ocean: Isla de Entire shoreline ...... None ◆3.7 Vieques. None ◆2.4 Municipio de Humacao ..... Entire shoreline ...... ◆2.7 ◆3.3 ◆2.5 ◆2.3 Maps available for inspection at the Puerto Rico Planning Board, Minillas Governmental Center, 12th Floor, North Building, De Diego Avenue, San Juan, Puerto Rico. Send comments to Mr. Jose R. Caballero Mercado, Vice President of the Puerto Rico Planning Board, P.O. Box 41119, Santurce, Puerto Rico 00940.
Puerto Rico ...... Rio Majada ...... Caribbean Sea: Municipio Entire shoreline ...... ◆2.3 ◆3.9 de Santa Isabel. ◆2.0 ◆2.3 Maps available for inspection at the Puerto Rico Planning Board, Minillas Governmental Center, 12th Floor, North Building, De Diego Avenue, San Juan, Puerto Rico. Send comments to Mr. Jose R. Caballero Mercado, Vice President of the Puerto Rico Planning Board, P.O. Box 41119, Santurce, Puerto Rico 00940.
Puerto Rico ...... Rio Mameyes Basin Atlantic Ocean: Municipio Entire shoreline ...... ◆4.3 ◆2.7 de Rio Grande. ◆3.1 ◆2.0 54426 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Proposed Rules
# Depth in feet above ground. State City/town/county Source of flooding Location *Elevation in feet (NGVD) Existing Modified
Maps available for inspection at the Puerto Rico Planning Board, Minillas Governmental Center, 12th Floor, North Building, De Diego Avenue, San Juan, Puerto Rico. Send comments to Mr. Jose R. Caballero Mercado, Vice President of the Puerto Rico Planning Board, P.O. Box 41119, Santurce, Puerto Rico 00940.
Puerto Rico ...... RõÂo Manaubo ...... Caribbean Sea: Municipio Entire shoreline ...... ◆2.3 ◆3.2 de Maunabo. Municipio de Patillas ...... Entire shoreline ...... ◆2.3 ◆3.3 None ◆2.2 Maps available for inspection at the Puerto Rico Planning Board, Minillas Governmental Center, 12th Floor, North Building, De Diego Avenue, San Juan, Puerto Rico. Send comments to Mr. Jose R. Caballero Mercado, Vice President of the Puerto Rico Planning Board, P.O. Box 41119, Santurce, Puerto Rico 00940.
Puerto Rico ...... RõÂo Matilde ...... Approximately 0.18 kilometers upstream None ◆2.4 of confluence with Caribbean Sea. At confluence of RÂõo Pastillo and RÂõo None ◆11.7 Canas. Maps available for inspection at the Puerto Rico Planning Board, Minillas Governmental Center, 12th Floor, North Building, De Diego Avenue, San Juan, Puerto Rico. Send comments to Mr. Jose R. Caballero Mercado, Vice President of the Puerto Rico Planning Board, P.O. Box 41119, Santurce, Puerto Rico 00940.
Puerto Rico ...... RõÂos Matilde, Caribbean Sea: De La Entire shoreline west of RÂõo Portugues .... None ◆3.4 Pastillo, Ciudad de Ponce. None ◆2.2 Portugues, Canos, Bucana. Maps available for inspection at the Puerto Rico Planning Board, Minillas Governmental Center, 12th Floor, North Building, De Diego Avenue, San Juan, Puerto Rico. Send comments to Mr. Jose R. Caballero Mercado, Vice President of the Puerto Rico Planning Board, P.O. Box 41119, Santurce, Puerto Rico 00940.
Puerto Rico ...... RõÂo Pastillo ...... At confluence with RÂõo Matilde ...... None ◆11.7 Approximately 0.13 kilometers upstream None ◆42.7 of Puerto Rico Route 132 bridge. Maps available for inspection at the Puerto Rico Planning Board, Minillas Governmental Center, 12th Floor, North Building, De Diego Avenue, San Juan, Puerto Rico. Send comments to Mr. Jose R. Caballero Mercado, Vice President of the Puerto Rico Planning Board, P.O. Box 41119, Santurce, Puerto Rico 00940.
Puerto Rico ...... RõÂo Piedras Basin .. Atlantic Ocean and Bahia Entire shoreline ...... ◆1.6 ◆2.7 de San Juan: Municipio None ◆2.1 de San Juan. Atlantic Ocean: Municipio Entire shoreline ...... ◆1.6 ◆2.4 de Carolina. Municipio de Guaynabo ... Entire shoreline ...... ◆1.6 ◆2.7 ◆1.6 ◆1.8 Maps available for inspection at the Puerto Rico Planning Board, Minillas Governmental Center, 12th Floor, North Building, De Diego Avenue, San Juan, Puerto Rico. Send comments to Mr. Jose R. Caballero Mercado, Vice President of the Puerto Rico Planning Board, P.O. Box 41119, Santurce, Puerto Rico 00940.
Puerto Rico ...... RõÂo Yaquez Basin .. Atlantic Ocean: Municipio Entire shoreline ...... ◆1.6 ◆3.0 de MayaguÈez. ◆1.6 ◆1.8 Maps available for inspection at the Puerto Rico Planning Board, Minillas Governmental Center, 12th Floor, North Building, De Diego Avenue, San Juan, Puerto Rico. Send comments to Mr. Jose R. Caballero Mercado, Vice President of the Puerto Rico Planning Board, P.O. Box 41119, Santurce, Puerto Rico 00940.
Puerto Rico ...... Yauca ...... Caribbean Sea: Municipio Entire shoreline ...... ◆2.0 ◆3.2 de Yauca. ◆2.0 ◆2.4 Maps available for inspection at the Puerto Rico Planning Board, Minillas Governmental Center, 12th Floor, North Building, De Diego Avenue, San Juan, Puerto Rico. Send comments to Mr. Jose R. Caballero Mercado, Vice President of the Puerto Rico Planning Board, P.O. Box 41119, Santurce, Puerto Rico 00940.
South Carolina ...... Mullins (City), Mar- Unnamed Tributary to At confluence of White Oak Creek ...... None *85 ion County. White Oak Creek. At downstream side of Yarboro Street ..... None *94 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Proposed Rules 54427
# Depth in feet above ground. State City/town/county Source of flooding Location *Elevation in feet (NGVD) Existing Modified
Maps available for inspection at the Mullins City Hall, 151 Northeast Front Street, Mullins, South Carolina. Send comments to Mr. J. C. Richardson, Mullins City Administrator, P.O. Box 408, Mullins, South Carolina 29574.
Virginia ...... Rappahannock Thornton River ...... At State Route 620 ...... None *593 County (Unincor- Approximately 1.7 miles upstream of None *960 porated Areas). State Route 667. North Fork Thornton River At confluence with Thornton River ...... None *635 Approximately 1,500 feet upstream of None *755 State Route 600. Maps available for inspection at the Rappahannock County Administration and Zoning Office, 290 Gay Street, Washington, Virginia. Send comments to Mr. John McCarthy, Rappahannock County Administrator, P.O. Box 519, Washington, Virginia 22747.
Wisconsin ...... Oconto County (Un- Pensaukee River ...... At U.S. Route 41 ...... None *596 incorporated Approximately 0.96 mile downstream of None *635 Areas). confluence of Spring Creek. Brookside Creek ...... At the confluence with Pensaukee River *606 *607 Approximately 750 feet downstream of *606 *607 Moody Road. Maps available for inspection at the Oconto County Land and Water Resources-Zoning Division, 301 Washington Street, Oconto, Wisconsin. Send comments to Mr. Kevin Hamann, Oconto County Administrative Coordinator, Oconto County Courthouse, 301 Washington Street, Oconto, Wisconsin 54153.
Wisconsin ...... Westfield (Village), Westfield Creek ...... Approximately 400 feet downstream of *839 *840 Marquette County. U.S. Route 51. Approximately 75 feet downstream of *841 *843 Spring Street Branch/Dam. Maps available for inspection at the Westfield Village Hall, 124 East Third Street, Westfield, Wisconsin. Send comments to Ms. Frances L. Demke, President of the Village of Westfield, 124 East Third Street, Westfield, Wisconsin 53964. ◆ Elevation in meters, Mean Sea Level.
(Catalog of Federal Domestic Assistance No. black sea bass. The implementing Scup, and Black Sea Bass 83.100, ‘‘Flood Insurance.’’) regulations for these fisheries require Specifications.’’ Dated: October 9, 1997. NMFS to publish specifications for the FOR FURTHER INFORMATION CONTACT: Michael J. Armstrong, upcoming fishing year and to provide an Regina L. Spallone, Fishery Policy Associate Director for Mitigation. opportunity for public comment. The Analyst, (978) 281–9221. [FR Doc. 97–27708 Filed 10–17–97; 8:45 am] intent of these measures is to reduce SUPPLEMENTARY INFORMATION: BILLING CODE 6718±04±P fishing effort on summer flounder, scup, and black sea bass and to continue Background rebuilding stock abundance of these The regulations implementing the DEPARTMENT OF COMMERCE species. Fishery Management Plan for the DATES: Public comments must be Summer Flounder, Scup, and Black Sea National Oceanic and Atmospheric received on or before November 17, Bass Fisheries (FMP) outline the process Administration 1997. for specifying annually the allowed ADDRESSES: Copies of supporting catch limits for both commercial and 50 CFR Part 648 documents used by the Summer recreational fisheries, as well as other [Docket No. 971015246±7246±01; I.D. Flounder, Scup, and Black Sea Bass management measures (e.g., mesh 100897D] Monitoring Committees and of the requirements, minimum fish sizes) for Environmental Assessment (EA), these fisheries. These measures are RIN 0648±AK44 Regulatory Impact Review, and the specified to attain annual targets (either Fisheries of the Northeastern United Initial Regulatory Flexibility Analysis a fishing mortality rate or an States; Summer Flounder, Scup, and (IRFA) are available from: David R. exploitation rate) specified for each Black Sea Bass Fisheries Keifer, Executive Director, Mid-Atlantic species in the FMP. Fishery Management Council, Room A Monitoring Committee for each AGENCY: National Marine Fisheries 2115, Federal Building, 300 South New species, with members from NMFS, the Service (NMFS), National Oceanic and Street, Dover, DE 19904–6790. Atlantic States Marine Fisheries Atmospheric Administration (NOAA), Comments on the proposed Commission (Commission), and both Commerce. specifications should be sent to: the Mid-Atlantic Fishery Management ACTION: Proposed specifications for the Andrew A. Rosenberg, Ph.D., Regional Council (Council) and New England 1998 summer flounder, scup, and black Administrator, Northeast Region, Fishery Management Council, are sea bass fisheries; request for comments. NMFS, One Blackburn Drive, required to conduct a review of Gloucester, MA 01930–2298. Mark on available information and to SUMMARY: NMFS proposes specifications the outside of the envelope, recommend catch specifications and for 1998 for summer flounder, scup, and ‘‘Comments—1998 Summer Flounder, other management measures necessary 54428 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Proposed Rules to achieve the target fishing mortality will be Commission compliance criteria. in the final 1998 TAL due to overages, (F) or exploitation rate for each fishery, The Council and Board also voted to will also contribute to increasing the as specified in the FMP. The Council’s retain the existing commercial probability in achieving Fmax. Demersal Species Committee and the minimum fish size (14 inches (35.6 cm)) The Council believes that the 15 Commission’s Summer Flounder, Scup, and to continue the Small Mesh percent quota set-aside for bycatch and Black Sea Bass Board (Board) then Exemption program. fisheries will reduce discards of consider the Monitoring Committee NMFS believes that the bycatch recommendations and any public allocation is a serious attempt to address sublegal fish as well as reduce comment in making their discards, and is, in effect, a 15-percent regulatory discards as the result of recommendations. The Council and reduction in the commercial quota landing limits in the states. A decrease Board made their annual allocated to the directed fishery. The in the amount of discards would recommendations at a joint meeting bycatch quota allocation will extend the increase the likelihood that the target F held September 23–25, 1997. season and will reduce waste in the would be achieved in 1998, i.e, summer fishery. flounder that had been discarded dead Summer Flounder The Council submission notes several would now be landed and apply to the The target F specified in the FMP for factors that it believes will increase the quota reducing the amount of fish killed 1998 is 0.24, the level of fishing that probability that a 1998 TAL equal to the by commercial fishers. Projected discard produces maximum yield per recruit, 1997 level has a reasonable likelihood of levels for 1998 are 1.76 million lb (0.80 Fmax. Summer flounder was most attaining Fmax: (1) A new retrospective million kg) in the commercial and recently assessed at SAW–25 (August pattern in the assessment that shows for recreational fisheries. In addition, states 1997). SAW–25 indicates that the FMP terminal year 1994, the stock size was would be required to implement measures have not yet reduced F below underestimated, and for 1994 and 1995 programs to collect additional data on 1.0 and recommended that, in light of the fishing mortality was overestimated; discards in the commercial fishery. The the FMP target, total allowable landings (2) the quota overages in 1997 will Commission voted to make these two (TAL) should be no more than 13.889 result in reductions to the allowed million lb (6.30 million kg) (a commercial landings in 1998; (3) the requirements mandatory compliance commercial quota of 8.333 million lb reductions in mortality anticipated from measures for the states. As such, the (3.80 million kg), and a recreational measures to reduce discard in the states are required to submit plans to harvest limit of 5.556 million lb (2.52 commercial fishery (and planned future meet these requirements so that the million kg)). In addition, SAW–25 hook specifications to reduce discard in plans are approved before the beginning recommended that additional measures the recreational fishery); and (4) the fact of the 1998 commercial fishery. should be considered to minimize that the SAW–25 projections are very In addition, the Council anticipates commercial and recreational discard dependent upon the recruitment that Amendment 10 will be approved, mortality. The Council’s staff and estimate for 1996, which may be the measure requiring the minimum Monitoring Committee both underestimated. mesh size throughout the net will be recommended adopting the SAW NMFS agrees that the first three of implemented mid-year and reductions recommendation (13.889 million lb; these factors are valid points to support in F on sublegal fish will result. The 6.30 million kg) for 1998. This level the Council recommendation. SAW–25 Council also intends to advocate for a represents a 25-percent reduction from notes that the retrospective pattern for the initial 1997 TAL of 18.518 million 1994–95 alters the pattern noted in the recreational hook specification that will lb (8.40 million kg), but a 12-percent last assessment. SAW–25 concluded reduce recreational discard and discard reduction from the actual 1997 allowed that the reversal in terminal year F mortality. Among other comments harvest of 15.8 million lb (7.17 million estimates may be due to improved concerning discards, SAW–25 kg) after deduction of commercial accuracy of catch estimates in 1995 and recommended that there should be overages in 1996. 1996, more accurate indices of stock additional measures to reduce discard The Council and Board reviewed the size due to revised aging, and improved mortality. The measures noted above are Committee’s recommendation and voted monitoring and estimation of discards. efforts to address these comments. instead to recommend a 1998 TAL equal There is no reason to expect that these These measures also will improve the to the 1997 level (18.518 million lb (8.40 factors will change and, in fact, NMFS probability of attaining Fmax. million kg): 11.11 million lb (5.04 agrees that there have been substantive NMFS does not rely strongly on the million kg) commercial quota; 7.4 improvements in quota monitoring and Council’s feeling that recruitment for million lb (3.36 million kg) recreational prevention of quota overages over the 1996 is underestimated. Raising this as harvest limit). SAW–25 estimated that past year. Therefore, this pattern is a factor in supporting the TAL does not this proposed TAL has a 50-percent likely to hold for 1996 estimates. A comply with NMFS policy, which is to probability of resulting in F = 0.34. greater stock size in 1996 would be cautious in the face of uncertainty. The Council and Board also took increase the projected stock size in action to address the SAW–25 concerns 1998, which means more fish being The Council explains its rationale in its about discards by specifying that 15 available for harvest at a given F. This, EA. However, there is little information percent of the commercial quota will be in turn, increases the probability that at this time to confirm that recruitment set aside by the states for a bycatch the proposed TAL of 18.518 million lb for 1996 is underestimated. At the September 1997 Council meeting, some fishery. Since the FMP does not (8.4 million kg) would achieve Fmax in specifically include a provision for such 1998. state representatives indicated an allocation, the measure must be Based on landings to date, the Council preliminary results from young-of-the- enacted by the states. Therefore, the estimates that there will be a quota year surveys might indicate better than Board adopted motions to make it overage in 1997 of 166,935 lb (75,720 average recruitment. The surveys, for mandatory for the states to implement kg), or 1.05 percent, if there is no further the most part, were still underway. the bycatch set aside, and to implement late reporting during 1997 and all states Consequently, the results are trip limits with the objective of keeping are closed with no additional overages. inconclusive. The commercial quotas by the fishery open all year; these measures The Council believes that the reduction state for 1998 are presented in Table 1. Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Proposed Rules 54429
TABLE 1.Ð1998 STATE COMMERCIAL QUOTAS (PROPOSED)
Share 1998 quota 1998 quota State (percent) (percent) (kg)*
ME ...... 0.04756 5,284 2,397 NH ...... 0.00046 51 23 MA ...... 6.82046 757,841 343,751 RI ...... 15.68298 1,742,583 790,422 CT ...... 2.25708 250,791 113,757 NY ...... 7.64699 849,680 385,408 NJ ...... 16.72499 1,858,363 842,939 DE ...... 0.01779 1,977 897 MD ...... 2.03910 226,570 102,770 VA ...... 21.31676 2,368,569 1,074,365 NC ...... 27.44584 3,049,589 1,383,270
Total ...... 11,111,298 5,039,999 * Any differences expressed in the conversion of pounds to kilograms are due to rounding.
Scup million lb (3.30 million kg). The 1.103 million lb (0.50 million kg) from resulting commercial TAC is 5.675 the commercial TAC of 5.675 million lb The target exploitation rate for scup in million lb (2.57 million kg). Both groups (2.57 million kg) results in a 1998 1998 is 47 percent, the rate associated debated two ways to calculate the proposed commercial quota of 4.572 with F = 0.72. The FMP establishes a commercial discard estimate: million lb (2.07 million kg). This quota total allowable catch (TAC) that is Employing the same discard estimate represents a 24-percent reduction from allocated to commercial (78 percent) used in the 1997 specifications (1.103 and recreational (22 percent) sectors. the 1997 commercial quota of 6.0 million lb; 0.50 million kg), or using an million lb (2.72 million kg). Discard estimates are deducted from amount based on the ratio of 1996 both TACs to establish TAL for both estimated landings to discards (2.048 The Council and Board adopted a sectors. million lb; 0.93 million kg). In making 20,000-lb (9,072-kg) trip limit in the Scup was most recently assessed in its recommendations last year, the Winter I period, which is to decrease to SAW–25 (1997). The assessment Council and Board reviewed discard 1,000 lb (454 kg) when 85 percent of the indicates that F has been above 1.0 for estimates based on fishery data and Winter I quota is harvested, and an the period 1984–96. SAW–25 examined reduced those estimates to reflect 8,000-lb (3,629-kg) trip limit throughout 1996 total catch and estimated that a 34- anticipated reductions in discards the Winter II period. They retained the percent reduction from that exploitation associated with the implementation of 4.5-inch (2.0-cm) codend, the threshold level would result in a TAC of 7.275 the minimum mesh and minimum fish limits to trigger the minimum mesh size, million lb (3.30 million kg), which restrictions under emergency regulation and the minimum fish size. They also would likely reduce F below 1.0. The in March 27, 1996 (61 FR 13452). maintained for 1998 the same ratio of staff recommended establishing the TAC The Council and Board decided to recreational landings to discards as in at that level. The Monitoring Committee also use the 1997 discard estimate for 1997. The resulting recreational harvest recommended that the Council should the 1998 specifications. They chose not limit is 1.553 million lb (0.70 million set the TAC no higher than that level to use the estimate based on 1996 data kg) —a TAC of 1.6 million lb (0.73 and should also consider a further because it reflects discards that occurred million kg) minus a discard estimate of reduction. in the first quarter of the year, prior to 0.048 million lb (0.02 million kg). The The Council and Board adopted the the emergency measures. The deduction quota allocated to the periods is shown recommendation for a TAC of 7.275 of the resulting discard allowance of in Table 2.
TABLE 2.ÐPERIOD ALLOCATIONS OF COMMERCIAL SCUP QUOTA
Quota Allocation Period Percent TAC 1 2Discards 2 (LB) (KG) 3
Winter I ...... 45.11 2,559,992 497,563 2,062,429 935,502 Summer ...... 38.95 2,210,413 429,619 1,780,794 807,755 Winter II ...... 15.94 904,595 175,818 728,777 330,568
Total ...... 100.00 5,675,000 1,103,000 4,572,000 2,073,824 1 Total Allowable Catch, in pounds. 2 Discard estimates, in pounds. 3 Kilograms are as converted from pounds.
The 1998 commercial quota for the summer period (1,780,794 lb; 807,755 kg) apportioned among the states according to the percentage shares specified in § 648.120(d)(3) is presented in Table 3. 54430 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Proposed Rules
TABLE 3.ÐSUMMER PERIOD (MAY-OCTOBER) COMMERCIAL SCUP QUOTA SHARES
Share 1998 Allocation State (percent) (LB) (KG) 1
Maine ...... 0.13042 2,322 1,053 New Hampshire ...... 0.00004 1 0 Massachusetts ...... 15.49117 275,866 125,131 Rhode Island ...... 60.56588 1,078,554 489,224 Connecticut ...... 3.39884 60,526 27,454 New York ...... 17.05295 303,678 137,746 New Jersey ...... 3.14307 55,972 25,388 Delaware ...... 0.00000 0 0 Maryland ...... 0.01288 229 104 Virginia ...... 0.17787 3,167 1,437 North Carolina ...... 0.02688 479 217
Total ...... 100.00000 1,780,794 807,755 1 Kilograms are as converted from pounds and do not add to the converted total due to rounding.
Black Sea Bass reduction, 6.173 million lb (2.80 million measures being implemented by the kg), for 1998. The Monitoring Commission and proposed by the South The FMP specifies a target Committee recommended that the TAL Atlantic Fishery Management Council. exploitation rate of 48 percent for 1998, should be no higher than the staff Additionally, the Council proposes to equivalent to F = 0.73. This target is to recommendation, but that the Council increase the possession limit threshold be attained through specification of a should consider a lower TAL because it that would trigger minimum mesh size TAL level that is allocated to the would be more likely to achieve the requirements from 100 lb (45.4 kg) to commercial (49 percent) and target exploitation rate. 1,000 lb (453.6 kg). recreational (51 percent) sectors; 1998 is The Council and Commission adopted The Council submission demonstrates the first year that a TAL has been the recommendation for a TAL of 6.173 that these proposed measures are likely specified. The commercial quota is million lb (2.80 million kg) for 1998. to attain the FMP target. Although the specified on a coastwide basis by This TAL results in a commercial quota stock size is uncertain and a 1998 stock quarter. of 3.025 million lb (1.37 million kg) and size was not projected, exploratory Black sea bass was also assessed at a recreational harvest limit of 3.148 results indicate that stock size is stable SAW–25, which estimated that F has million lb (1.43 million kg). The or has increased in recent years. If that generally exceeded 1.0 for the period following trip limits were recommended is the case, a 33-percent reduction in 1984–96. SAW–25 examined 1996 total for all commercial gear types: 11,000 lb landings from the 1996 level should catch and estimated that a 33-percent (4,990 kg) in Quarter 1 (Q1), 7,000 lb achieve the target exploitation rate. The reduction in landings from the 1996 (3,175 kg) in Q2, 3,000 lb (1,361 kg) in TAL will control mortality on fully level (9 million lb; 4.08 million kg) Q3, and 4,000 lb (1,814 kg) in Q4. The recruited, older fish. The minimum size would be necessary to reduce F below Council and Board also recommended and gear regulations will reduce discard 1.0. The staff recommended adopting an increase in the minimum fish size to and escape mortality of undersized the TAL associated with the 33-percent 10 inches (25.4 cm), consistent with black sea bass.
TABLE 4.Ð1998 BLACK SEA BASS PROPOSED QUARTERLY COASTWIDE QUOTAS AND QUARTERLY TRIP LIMITS
Trip limits Quarter Percent (%) Pounds (kg)1 (lbs) (kg)
1 (Jan±Mar) ...... 38.64 2,385,247 1,081,930 11,000 4,990 2 (Apr±May) ...... 29.26 1,806,220 819,288 7,000 3,175 3 (Jul±Sep) ...... 12.33 761,131 345,243 3,000 1,361 4 (Oct±Dec) ...... 19.77 1,220,402 553,565 4,000 1,814 1 Kilograms are as converted from pounds and do not add to the converted total due to rounding.
NMFS requests public comments on Classification Small Business Administration that this all of the proposed specification proposed rule, if adopted, would not measures. NMFS also requests, in This action is authorized by 50 CFR have a significant economic impact on particular, comments concerning the part 648 and complies with the National a substantial number of small entities. utility of the proposed black sea bass Environmental Policy Act. As explained below, this certification is trip limits. The Council and Board These proposed specifications have based on an assessment of this action examined data that demonstrated that been determined to be not significant for under NMFS’ long-standing Regulatory the recommended trip limits impact purposes of E.O. 12866. Flexibility Act guidelines. However, only 5 percent of the trips in this The Assistant General Counsel for while not required to do so, given that fishery. NMFS questions whether the Legislation and Regulation of the understanding the economic impact of effectiveness of these trip limits justifies Department of Commerce certified to this rule is important, NMFS prepared the expenses of enforcement. the Chief Counsel for Advocacy of the an IRFA that describes the impact this Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Proposed Rules 54431 proposed rule, if adopted, would have in a significant manner, the proposed 2. In § 648.14, paragraph (u)(1) is on small entities. regulatory action will not result in revised to read as follows: According to unpublished NMFS significant economic impacts upon a weighout data (Maine to Virginia, CT substantial number of such entities. § 648.14 Prohibitions. not included) 715 commercial vessels However, we recognize that the number * * * * * landed summer flounder, 548 landed of small entities that would be (u) * * * scup, and 665 landed black sea bass in significantly impacted is a large, though (1) Possess 1,000 lb (453.6 kg) or more 1996. In Connecticut, in 1996, 65 not substantial, number. This fact led of black sea bass, unless the vessel commercial vessels landed summer the agency to prepare an IRFA though meets the minimum mesh requirement flounder, 81 landed scup, and 52 landed none was required. specified in § 648.144(a). black sea bass (Mark Alexander pers. These measures are proposed in order * * * * * comm.). NMFS permit files indicate to attain the rebuilding objectives 3. In § 648.143, the first sentence of that, as of October 01, 1997, there were specified in the FMP for summer paragraph (a) is revised to read as 519, 380, and 243 party/charter firms flounder, scup and black sea bass. The follows: holding current summer flounder, scup, negative economic impacts upon small and black sea bass recreational permits, entities in the immediate future will be § 648.143 Minimum sizes. respectively. Most firms are likely to offset by the future increases in harvest (a) The minimum size for black sea hold permits for more than one of these and associated revenues anticipated species, and a more accurate estimate of bass is 10 inches (25.4 cm) total length from eliminating overfishing and for all vessels issued a moratorium the total number of commercial vessels rebuilding a healthy stock. impacted is 1,022, the number of vessels permit under § 648.4(a)(7) which fish for The Council considered several or retain black sea bass in or from U.S. that landed one or more of these species alternatives to each of these proposed in 1996. All these vessels readily fall waters of the western Atlantic Ocean measures. These alternatives to the ° ′ within the definition of small business, from 35 15.3 N. lat., the latitude of proposed rule were ultimately rejected Cape Hatteras Light, North Carolina, so according to guidelines on regulatory by the Council since those measures analysis of fishery management actions, northward to the U.S.-Canada border. which significantly miminized *** a substantial number of small entities economic impact on small entities did are affected to some extent by this not accomplish the rebuilding objectives * * * * * action. Of these 1,022 vessels, 140 of the FMP for each species, and those 4. In § 648.144, paragraph (a)(1)(i) is (13%) would be estimated to have a that did accomplish those objectives did revised to read as follows: greater than a 5 percent revenue loss. not minimize impacts on small entities. § 648.144 Gear restrictions. NMFS Regulatory Flexibility Act The Council adopted the measures guidelines establish 20 percent of small proposed here as those measures which (a) * * * entities being impacted in a significant achieved a balance for both. A copy of (1) * * * (i) Otter trawlers whose manner by a particular regulatory action this analysis is available from NMFS owners are issued a black sea bass as constituting a substantial number of (see ADDRESSES). moratorium permit and that land or small entities. This action does not meet possess 1,000 lb or more (453.6 kg or that threshold. List of Subjects in 50 CFR Part 648 more) of black sea bass per trip, must These three fisheries have been under Fisheries, Fishing, Reporting and fish with nets that have a minimum management for several years, and recordkeeping requirements. mesh size of 4.0-inches (10.2-cm) while existing requirements are diamond or 3.5-inches (8.9-cm) square modified by this action, there are no Dated: October 16, 1997. (inside measure) mesh applied new compliance requirements. David L. Evans, throughout the codend for at least 75 Therefore, the action does not result in Deputy Assistant Administrator for Fisheries, continuous meshes forward of the an increase in compliance costs of > 10 National Marine Fisheries Service. terminus of the net, or, for codends with percent for 20 percent or more of the For the reasons set out in the less than 75 meshes, the minimum- participants. Since the most severe preamble, 50 CFR part 648 is proposed mesh-size codend must be a minimum cumulative impact projected for this to be amended as follows: of one-third of the net, measured from action is a 30–35 percent reduction in the terminus of the codend to the center revenue for 7 vessels (<1 percent of PART 648ÐFISHERIES OF THE of the head rope, excluding any turtle participants), the action would not NORTHEASTERN UNITED STATES excluder device extension. result in 2 percent of the entities ceasing operations. 1. The authority citation for part 648 * * * * * The IRFA indicates that, while small continues to read as follows: [FR Doc. 97–27821 Filed 10–16–97; 1:12 pm] entities may be impacted by this action Authority: 16 U.S.C. 1801 et seq. BILLING CODE 3510±22±P 54432
Notices Federal Register Vol. 62, No. 202
Monday, October 20, 1997
This section of the FEDERAL REGISTER There are four basic chemical characteristic color changes. The surface contains documents other than rules or reactions involved in all the degradation becomes richer in cellulose content as proposed rules that are applicable to the reactions of wood: oxidation, the lignin degrades. In comparison to public. Notices of hearings and investigations, hydrolysis, reduction, and dehydration. lignin, cellulose is much less committee meetings, agency decisions and Because of the similarities in susceptible to ultraviolet radiation rulings, delegations of authority, filing of petitions and applications and agency degradation chemistry, all these degradation. After the lignin has been statements of organization and functions are degradation reactions will be studied degraded, the poorly bonded examples of documents appearing in this together. carbohydrate-rich fibers erode easily section. Cell wall polymers and responsible from the surface, which exposes new for the properties of wood. Wood lignin to further degradative reactions. changes dimension with changing In time, the ‘‘weathering’’ process DEPARTMENT OF AGRICULTURE moisture content because the cell wall causes the surface of the composite to polymers contain hydroxyl and other become rough and can account for a Forest Service oxygen-containing groups that attract significant loss in surface fibers. moisture through hydrogen bonding. Wood burns because the cell wall Commonality of the Chemistries The hemicelluloses are mainly polymers undergo pyrolysis reactions Involved in Moisture, Biological, responsible for moisture sorption, but with increasing temperature to give off Ultraviolet, and Thermal Degradations the accessible cellulose, noncrystalline volatile, flammable gasses. The of Wood; Notice of Intent To Enter Into cellulose, lignin, and surface of hemicelluloses and cellulose polymers Cooperative Research and crystalline cellulose also play minor are degraded by heat much before the Development Agreements parts to major roles. Moisture swells the lignin. The lignin and carbohydrate Program Description—Purpose cell wall and the wood expands until components contribute to char the cell wall is saturated with water formation, and the charred layer helps The USDA, Forest Service, Forest (fiber saturation point (FSP)). Beyond insulate the composite from further Products Laboratory (FPL) is seeking this saturation point, moisture exists as thermal degradation. industrial partners to enter into free water in the void structure and does The idea of protecting wood in Cooperative Research and Development not contribute to further expansion. The adverse environments dates back to Agreements (CRADAs) dedicated to process is reversible and the wood early human history. Perhaps the understanding the commonality of the shrinks as it loses moisture below the earliest reference is in the Old chemistries involved in moisture, FSP. Testament (Genesis 6:14) when God biological, ultraviolet, and thermal Wood exposed to moisture frequently instructed Noah to build an ark of degradations of wood, and developing is not at equilibrium and has wet areas gopher wood (a naturally durable and basic approaches to protecting wood and drier areas. This exacerbates the hard wood) and cover it inside and from degradation without loss of other moisture problem resulting in outside with pitch (for both water basic properties, under the authority of differential swelling followed by repellency and decay protection). the Federal Technology Transfer Act of cracking and/or compression set. Over Ancient civilization in Burma, China, 1986 (15 U.S.C. 3710a). the long term, wood undergoes cyclic Greece, and Italy used various animal, An industrial partner may be a swelling and shrinking as moisture vegetable and mineral oils, tars, pitches Federal Agency, university, private levels change resulting in more severe or charring to preserve wood. Sometime business, nonprofit organization, moisture effects than those encountered during the second half of the eighteenth research or engineering entity, or under steady moisture conditions. century, the science of wood combination of the above. Wood is degraded biologically preservation started with a search for A summary of the current status of because organisms recognize the toxic chemicals that could be used to preventing wood degradation is as carbohydrate polymers (mainly the treat wood to stop decay. The time line follows: hemicelluloses) in the cell wall and might include: Mercuric chloride first (a) Wood is a three-dimensional, have both specific and non-specific used in 1705, patented in 1832; copper polymeric composite made up primarily chemical and specific enzyme systems sulfate first introduced in 1767, of cellulose, hemicelluloses, and lignin. capable of hydrolyzing these polymers patented in 1839; zinc chloride first These polymers, along with extractives into digestible units. Biodegradation of used in 1815; creosote first used in and inorganics, and the matrix they are both the matrix and the high molecular 1836; copper, chromium and arsenic in, make up the cell wall and are weight cellulose weakens the fiber cell salts introduced in the early 1900’s; and responsible for the characteristics, wall. Strength is lost as the matrix and pentachlorophenol first introduced in properties and performance of wood. cellulose polymer undergo degradation the 1930’s. All of these treatments were When considering wood as a long through oxidation, hydrolysis, and based on broad spectra toxicity with term engineering material it must be dehydration reactions. As degradation little concern for environmental remembered that wood is a hygroscopic continues, removal of cell wall content implications. resource that was designed to perform, results in weight loss. The earliest references to treating in nature, in a wet environment and that Wood exposed outdoors undergoes wood for fire retardancy dates back to nature is programmed to recycle wood photochemical degradation caused by the first century AD when the Romans in a timely way through biological, ultraviolet radiation. This degradation used alum and vinegar to protect boats thermal, aqueous, photochemical, takes place primarily in the lignin against fire. The science of fire chemical, and mechanical degradations. component, which is responsible for the retardancy started in the first half of the Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Notices 54433 nineteenth century. In 1820 Gay-Lussac 231–9585, or by phone at (608) 231– COMMODITY FUTURES TRADING used ammonium phosphates and borax 9282. COMMISSION as fire retardants. Most of the inorganic A copy of the proposed Cooperative Sunshine Act Meeting fire retardants used today were Research and Development Agreement developed between 1800 and 1870. AGENCY HOLDING THE MEETING: Protecting wood from moisture to be executed by consortium members damage also dates back into antiquity. may be obtained by writing Joanne M. Commodity Futures Trading Waxes, oils, resins, paints, and coatings Bosch at the above address, by faxing Commission. have been used to help exclude her at (608) 231–9585, or by phoning TIME AND DATE: 11 a.m., Friday, moisture since shortly after wood was her at (608) 231–9205. November 21, 1997. first used by humans. Done at Madison, WI, on October 10, 1997. PLACE: 1155 21st St. NW., Washington, DC, 9th Floor Conference Room. Protecting wood from damage caused Thomas E. Hamilton, by weathering also dates from the early STATUS: Closed. Director. use of wood. Stains and coatings have MATTERS TO BE CONSIDERED: Surveillance [FR Doc. 97–27649 Filed 10–17–97; 8:45 am] been used to cover wood from the Matters. degradation caused both by water and BILLING CODE 3410±11±M CONTACT PERSON FOR MORE INFORMATION: ultraviolet radiation. Jean A. Webb, 202–418–5100. The process of protecting wood from one type of degradation can cause Jean A. Webb, another type of degradation to take COMMODITY FUTURES TRADING Secretary of the Commission. place. For example, in fire retardant COMMISSION [FR Doc. 97–27804 Filed 10–16–97; 1:31 pm] formulations involving free phosphoric BILLING CODE 6351±01±M acid, treated wood has been shown to Sunshine Act Meeting lose strength. While the wood is very effectively treated for fire retardancy, ``FEDERAL REGISTER'' CITATION OF COMMODITY FUTURES TRADING service life is shortened by the loss in PREVIOUS ANNOUNCEMENT: 62 FR 52325. COMMISSION strength. Similarly, wood decking PREVIOUSLY ANNOUNCED TIME AND DATE OF Sunshine Act Meeting treated with chromated-copper-arsenate MEETING: 10 a.m., Thursday, October 23, (CCA), while having excellent anti- 1997. AGENCY HOLDING THE MEETING: fungal properties, is being replaced after Commodity Futures Trading a few years due to cracking and splitting CHANGES IN THE DATE: The Commodity Commission. caused by moisture damage. Futures Trading Commission has TIME AND DATE: 11:00 a.m., Friday, Since there are only four basic cancelled the meeting to discuss November 14, 1997. chemistries involved in the degradation program objectives. PLACE: 1155 21st St. N.W., Washington, mechanisms of wood (hydrolysis, D.C. 9th Floor Conference Room. oxidation, dehydration, and reduction), CONTACT PERSON FOR MORE INFORMATION: there are many similarities in the Jean A. Webb, 418–5100. STATUS: Closed. degradation pathways regardless of the Jean A. Webb, MATTERS TO BE CONSIDERED: Surveillance source of the degradation. Through a Secretary of the Commission. Matters. better understanding of these common [FR Doc. 97–27802 Filed 10–16–97; 1:43 pm] CONTACT PERSON FOR MORE INFORMATION: Jean A. Webb, 202–418–5100. degradation chemistries, it should be BILLING CODE 6351±01±M possible to protect wood in a more Jean A. Webb, holistic way. That is, controlling one Secretary of the Commission. degradation chemistry can lead to the COMMODITY FUTURES TRADING [FR Doc. 97–27805 Filed 10–16–97; 1:45 pm] protection of another degradation COMMISSION BILLING CODE 6351±01±M mechanism. This leads to the idea of combined treatments to control several Sunshine Act Meeting degradation pathways. COMMODITY FUTURES TRADING The Forest Products Laboratory is AGENCY HOLDING THE MEETING: COMMISSION requesting support for this project. The Commodity Futures Trading support is in the form of funding in the Commission. Sunshine Act Meeting amount of $15,000.00 per year for the two-year proposed duration of the TIME AND DATE: 11:00 a.m., Friday, AGENCY HOLDING THE MEETING: study. November 28, 1997. Commodity Futures Trading An informational and organizational Commission. PLACE: 1155 21st St. N.W., Washington, meeting of the Consortium will be held TIME AND DATE: 11:00 a.m., Friday, D.C. 9th Floor Conference Room. beginning November 18, 1997, 1:00 P.M. November 7, 1997. and ending November 19, 1997, at 12:00 STATUS: Closed. PLACE: 1155 21st St. N.W., Washington, Noon, at the USDA, Forest Service, D.C. 9th Floor Conference Room. MATTERS TO BE CONSIDERED: Surveillance Forest Products Laboratory, One Gifford STATUS: Matters. Closed. Pinchot Drive, Madison, Wisconsin MATTERS TO BE CONSIDERED: Surveillance 53705–2398. CONTACT PERSON FOR MORE INFORMATION: Matters. Technical questions may be directed Jean A. Webb, 202–418–5100. CONTACT PERSON FOR MORE INFORMATION: to Roger M. Rowell at the above address, Jean A. Webb, 202–418–5100. by fax at (608) 231–9262, or by phone Jean A. Webb, at (608) 231–9416. Secretary of the Commission. Jean A. Webb, Questions of a business or legal nature [FR Doc. 97–27803 Filed 10–16–97; 1:13 pm] Secretary of the Commission. may be directed to John G. Bachhuber BILLING CODE 6351±01±M [FR Doc. 97–27806 Filed 10–16–97; 1:36 pm] at the above address, by fax at (608) BILLING CODE 6351±±M 54434 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Notices
COMMODITY FUTURES TRADING COMMODITY FUTURES TRADING FOR FURTHER INFORMATION CONTACT: To COMMISSION COMMISSION request more information on this proposed information collection or to Sunshine Act Meeting Sunshine Act Meeting obtain a copy of the proposal and associated collection instruments, AGENCY HOLDING THE MEETING: AGENCY HOLDING THE MEETING: please write to the above address or call Commodity Futures Trading Commodity Futures Trading Mr. John D. Jennings (DARPA/JDUPO) Commission. Commission. at 703–526–1930. TIME AND DATE: 2 p.m., Monday, TIME AND DATE: 2:00 p.m., Monday, Title; Associated Forms; and OMB November 24, 1997. November 10, 1997. Number: TRP Review Project, No form PLACE: 1155 21st St., NW., Washington, PLACE: 1155 21st St., N.W., Washington, number. DC 9th Fl. Conference Room. D.C. 9th Fl. Conference Room. Needs and Uses: The TRP is no longer STATUS: Closed. STATUS: Closed. receiving Federal funding, but new MATTERS TO BE CONSIDERED: MATTERS TO BE CONSIDERED: initiatives have begun to broaden and Adjudicatory Matters. Adjudicatory Matters. normalize the application of dual-use CONTACT PERSON FOR MORE INFORMATION: CONTACT PERSON FOR MORE INFORMATION: technologies and products. As part of its Jean A. Webb, 202–418–5100. Jean A. Webb, 202–418–5100. support of these initiatives, DARPA is sponsoring this review project to Jean A. Webb, Jean A. Webb, quantitatively express the status and Secretary of the Commission. Secretary of the Commission. [FR Doc. 97–27807 Filed 10–16–97; 1:18 pm] performance of the TRP projects and to [FR Doc. 97–27810 Filed 10–16–97; 12:32 document lessons learned. This review BILLING CODE 6351±01±M pm] will also provide an opportunity to BILLING CODE 6351±01±M present TRP products and technologies COMMODITY FUTURES TRADING to the Services for adoption. The COMMISSION information collected will be used by DEPARTMENT OF DEFENSE DARPA’s Joint Dual Use Program Office Sunshine Act Meeting (JDUPO) and the Office of the Secretary Office of the Secretary of Defense (OSD) to define and AGENCY HOLDING THE MEETING: document the status of each TRP project Commodity Futures Trading Proposed Collection; Comment Request and to derive performance metrics Commission. suitable for the Government TIME AND DATE: 2:00 p.m., Monday, AGENCY: Defense Advanced Research Performance Results Act (GPRA). November 17, 1997. Projects Agency. TRP project successes and failures PLACE: 1155 21st St., N.W., Washington, ACTION: Notice. and lessons learned from the TRP will D.C. 9th Fl. Conference Room. be compiled from the information STATUS: Closed. In compliance with Section gathered as well as materials for MATTERS TO BE CONSIDERED: 3506(c)(2)(A) of the Paperwork education and training. Because the TRP Adjudicatory Matters. Reduction Act of 1995, the Defense projects are nearing completion, this Advanced Research Projects Agency CONTACT PERSON FOR MORE INFORMATION: data must be collected now or it will (DARPA) announces the proposed Jean A. Webb, 202–418–5100. become nearly impossible to track review of the Technology Reinvestment down. If that happens, the opportunity Jean A. Webb, Project (TRP) and seeks public comment will be lost to assess the benefits of the Secretary of the Commission. on the information collection and TRP and to learn lessons that will help [FR Doc. 97–27808 Filed 10–16–97; 1:22 pm] provisions thereof. Comments are to expand dual-use and embed it into BILLING CODE 6351±01±M invited on: (a) Whether the proposed the Military Services. It is also a last collection of information is necessary chance to develop quantitative for the proper performance of the assessment data for GPRA. COMMODITY FUTURES TRADING functions of the agency, including Affected Public: Business or other for COMMISSION whether the information shall have profit; not-for-profit. practical utility; (b) the accuracy of the Sunshine Act Meeting Annual Burden Hours: 280. agency’s estimate of the burden of the Number of Respondents: 140. AGENCY HOLDING THE MEETING: proposed information collection; (c) Responses per Respondent: 1. Commodity Futures Trading ways to enhance the quality, utility, and Average Burden per Response: 2 Commission. clarity of the information to be hours. TIME AND DATE: 2:00 p.m., Monday, collected; and (d) ways to minimize the Frequency: On occasion, generally November 3, 1997. burden of the information collection on only one time. PLACE: 1155 21st St. N.W., Washington, respondents, including through the use SUPPLEMENTARY INFORMATION: Several D.C. 9th Fl. Conference Room. of automated collection techniques or steps are being taken to minimize the other forms of information technology. STATUS: Closed. burden of this data collection on DATES: Consideration will be given to all MATTERS TO BE CONSIDERED: participating businesses. Duplication Adjudicatory Matters. comments received by December 19, will be avoided by carefully formulating 1997. CONTACT PERSON FOR MORE INFORMATION: the questions which must be asked, and Jean A. Webb, 202–418–5100. ADDRESSES: Written comment and by designating a Review Team which recommendations on the proposed will conduct the review consistently, Jean A. Webb, information collection should be sent to: while sharing resulting insights as they Secretary of the Commission. Mr. John D. Jennings, DARPA/JDUPO, emerge. In addition, whenever possible, [FR Doc. 97–27809 Filed 10–16–97; 1:37 pm] 3803 N. Fairfax Dr., Arlington, VA data collection will be combined with BILLING CODE 6351±01±M 22203. regularly scheduled project review Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Notices 54435 meetings. While industry will receive following proposal for collection of DOD Clearance Officer: Mr. Robert the questions early, the data will information under the provisions of the Cushing. generally be developed with a Review Paperwork Reduction Act (44 U.S.C. Written requests for copies of the Team member. Government program Chapter 35). information collection proposal should managers and agents will be consulted Title, Associated Form, and OMB be sent to Mr. Cushing, WHS/DOIR, for data prior to interviewing industrial Number: Defense Federal Acquisition 1215 Jefferson Davis Highway, Suite participants in order to further reduce Regulations Supplement Part 243, 1204, Arlington, VA 22202–4302. the latter’s time expenditure. For Contract Modifications, and Associated Dated: October 14, 1997. example, DARPA personnel in the Clauses at 252.243; No Forms; OMB Patricia L. Toppings, JDUPO have been consulted as to the Number 0704–0397. availability of material. Their files have Alternate OSD Federal Register, Liaison Type of Request: Extension. Officer, Department of Defense. been used to minimize further Number of Respondents: 575. collection. In addition, Service, [FR Doc. 97–27640 Filed 10–17–97; 8:45 am] Responses Per Respondent: 1. Department of Transportation (DOT), BILLING CODE 5000±04±M Department of Energy (DOE), National Annual Responses: 575. Science Foundation (NSF), and other Average Burden Per Response: 6.7 agencies involved have been contacted hours. DEPARTMENT OF DEFENSE Annual Burden Hours: 3,850. and consulted. Further, this review will Office of the Secretary be conducted only once (as opposed to Needs and Uses: The information collection required by the clause at yearly) although a follow-up will be [Transmittal No. 98±10] made on each unfinished project in 252.243–7002, Certification of Requests order to update the data. for Equitable Adjustment, is required by 36(b)(1) Arms Sales Notification There is no need for respondents to 10 U.S.C. 2410(a). The information is make any capital expenditures to used by DoD contracting officers and AGENCY: Department of Defense, Defense support this effort. The average time auditors to evaluate requests for Security Assistance Agency. required of the respondents is estimated equitable adjustment. The clause at ACTION: Notice. at two hours. (Since most of the DFARS 252.243–7002 requires questions have already been addressed contractors to certify that requests for SUMMARY: The Department of Defense is as part of normal business practices, equitable adjustment that exceed the publishing the unclassified text of a little preparation is usually needed). simplified acquisition threshold are section 36(b)(1) arms sales notification. made in good faith and that the Dated: October 14, 1997. This is published to fulfill the supporting data are accurate and L.M. Bynum, requirements of section 155 of Public complete, and to provide full disclosure Law 104–164 dated 21 July 1996. Alternate OSD Federal Register, Liaison of all relevant facts in support of the FOR FURTHER INFORMATION CONTACT: Officer, Department of Defense. requested adjustment. [FR Doc. 97–27642 Filed 10–17–97; 8:45 am] Ms. J. Hurd, DSAA/COMPT/RM, (703) Affected Public: Business or other for- 604–6575. BILLING CODE 5000±04±M profit. The following is a copy of a letter to Frequency: On occasion. the Speaker of the House of DEPARTMENT OF DEFENSE Respondent’s Obligation: Required to Representatives, Transmittal 98–10, obtain or retain benefits. with attached transmittal, policy Office of the Secretary OMB Desk Officer: Mr. Peter Weiss. justification, and sensitivity of Written comments and technology pages. Submission for OMB Review; recommendations on the proposed Dated: October 14, 1997. Comment Request information should be sent to Mr. Weiss L.M. Bynum, ACTION: Notice. at the Office of Management and Budget, Desk Officer for DoD, Room Alternate OSD Federal Register Liaison The Department of Defense has 10236, New Executive Office Building, Officer, Department of Defense. submitted to OMB for clearance, the Washington, DC 20503. BILLING CODE 5000±04±M 54436 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Notices Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Notices 54437 54438 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Notices Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Notices 54439
[FR Doc. 97–27646 Filed 10–17–97; 8:45 am] BILLING CODE 5000±04±C 54440 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Notices
DEPARTMENT OF DEFENSE SUMMARY: Notice is hereby given that in FY 1998. These rates are effective the Deputy Chief Financial Officer in a October 1, 1997. Office of the Secretary memorandum dated September 26, 1997 established the following Medical and Dental Services Fiscal reimbursement rates for inpatient and Year 1998 outpatient medical care to be provided ACTION: Notice.
Inpatient, Outpatient and Other Rates and Charges I. Inpatient rates 1 2
Interagency International and other Fed- Per inpatient day Military Edu- eral agency Other (Full/ cation & Train- sponsored pa- Third party) ing (IMET) tients
A. Burn Center ...... $2,618.00 $4,754.00 $5,079.00 B. Surgical Care Services (Cosmetic Surgery) ...... 955.00 1,733.00 1,852.00 C. All Other Inpatient Services (Based on Diagnosis Related Groups (DRG) 3)
1. FY98 Direct Care Inpatient Reimbursement Rates
Other (Full/ Adjusted standard amount IMET Interagency Third party)
Large Urban ...... $2,199.00 $4,131.00 $4,372.00 Other Urban/Rural ...... 2,194.00 4,215.00 4,499.00 Overseas ...... 2,450.00 5,614.00 5,960.00
2. Overview The FY98 inpatient rates are based on the cost per DRG, which is the inpatient full reimbursement rate per hospital discharge weighted to reflect the intensity of the principal diagnosis, secondary diagnoses, procedures, patient age, etc. involved. The average cost per Relative Weighted Product (RWP) for large urban, other urban/rural, and overseas facilities will be published annually as an inpatient adjusted standardized amount (ASA) (see paragraph I.C.1., above). The ASA will be applied to the RWP for each inpatient case, determined from the DRG weights, outlier thresholds, and payment rules published annually for hospital reimbursement rates under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) pursuant to 32 CFR 199.14(a)(1), including adjustments for length of stay (LOS) outliers. The published ASAs will be adjusted for area wage differences and indirect medical education (IME) for the discharging hospital. An example of how to apply DoD costs to a DRG standardized weight to arrive at DoD costs is contained in paragraph I.C.3., below. 3. Example of Adjusted Standardized Amounts for Inpatient Stays Figure 1 shows examples for a nonteaching hospital in a Large Urban Area. a. The cost to be recovered is DoD’s cost for medical services provided in the nonteaching hospital located in a large urban area. Billings will be at the third party rate. b. DRG 020: Nervous System Infection Except Viral Meningitis. The RWP for an inlier case is the CHAMPUS weight of 2.9769. (DRG statistics shown are from FY 1996). c. The DoD adjusted standardized amount to be charged is $4,372 (i.e., the third party rate as shown in the table). d. DoD cost to be recovered at a nonteaching hospital with area wage index of 1.0 is the RWP factor (2.9769 ) in 3.b., above, multiplied by the amount ($4,372) in 3.c., above. e. Cost to be recovered is $13,015.
FIGURE 1.ÐTHIRD PARTY BILLING EXAMPLES
DRG Arithmetic Geometric Short stay Long stay No. DRG description DRG weight mean LOS mean LOS threshold threshold
020 ... Nervous System Infection Except Viral Meningitis ...... 2.9769 11.2 7.8 1 30
Area wage IME adjust- Applied Hospital Location rate index ment Group ASA ASA
Nonteaching Hospital ...... Large 1.0 1.0 $4,372.00 $4,372.00 Urban
Relative weighted product Patient Length of stay Days above TPC threshold Inlier * Outlier ** Total amount***
#1 ...... 7 days ...... 0 2.9769 0.0000 2.9769 $13,015 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Notices 54441
Relative weighted product Patient Length of stay Days above TPC threshold Inlier * Outlier ** Total amount***
#2 ...... 21 days ...... 0 2.9769 0.0000 2.9769 13,015 #3 ...... 35 days ...... 5 2.9769 0.6297 3.6066 15,768 * DRG Weight ** Outlier calculation = 33 percent of per diem weight × number of outlier days = .33 (DRG Weight/Geometric Mean LOS) × (Patient LOSÐLong Stay Threshold) = .33 (2.9769/7.8) × (35±30) = .33 (.38165) × 5 (take out to five decimal places) = .12594 × 5 (take out to five decimal places) = .6297 (take out to four decimal places) *** Applied ASA × Total RWP II. Outpatient Rates 1 2 Per Visit
Interagency International and other Fed- MEPRS Military Edu- Other (Full/ 4 Clinical service eral agency code cation & Train- sponsored pa- Third party) ing (IMET) tients
A. Medical Care
BAA ...... Internal Medicine ...... $105.00 $195.00 $208.00 BAB ...... Allergy ...... 39.00 73.00 78.00 BAC ...... Cardiology ...... 81.00 150.00 160.00 BAE ...... Diabetic ...... 44.00 82.00 87.00 BAF ...... Endocrinology (Metabolism) ...... 85.00 158.00 168.00 BAG ...... Gastroenterology ...... 110.00 203.00 216.00 BAH ...... Hematology ...... 145.00 269.00 287.00 BAI ...... Hypertension ...... 81.00 149.00 159.00 BAJ ...... Nephrology ...... 171.00 317.00 338.00 BAK ...... Neurology ...... 109.00 202.00 215.00 BAL ...... Outpatient Nutrition ...... 34.00 63.00 67.00 BAM ...... Oncology ...... 114.00 211.00 225.00 BAN ...... Pulmonary Disease ...... 141.00 260.00 278.00 BAO ...... Rheumatology ...... 84.00 156.00 166.00 BAP ...... Dermatology ...... 63.00 117.00 124.00 BAQ ...... Infectious Disease ...... 141.00 260.00 278.00 BAR ...... Physical Medicine ...... 78.00 145.00 155.00 BAS ...... Radiation Therapy ...... 72.00 132.00 141.00 BAZ ...... Medical Care Not Elsewhere Classified (NEC) ...... 84.00 156.00 166.00
B. Surgical Care
BBA ...... General Surgery ...... 119.00 220.00 235.00 BBB ...... Cardiovascular and Thoracic Surgery ...... 110.00 203.00 216.00 BBC ...... Neurosurgery ...... 137.00 253.00 270.00 BBD ...... Ophthalmology ...... 84.00 155.00 166.00 BBE ...... Organ Transplant ...... 191.00 353.00 376.00 BBF ...... Otolaryngology ...... 88.00 162.00 173.00 BBG ...... Plastic Surgery ...... 100.00 184.00 196.00 BBH ...... Proctology ...... 67.00 124.00 132.00 BBI ...... Urology ...... 101.00 187.00 199.00 BBJ ...... Pediatric Surgery ...... 89.00 164.00 175.00 BBZ ...... Surgical Care NEC ...... 65.00 120.00 127.00
C. Obstetrical and Gynecological (OB-GYN) Care
BCA ...... Family Planning ...... 45.00 83.00 89.00 BCB ...... Gynecology ...... 74.00 136.00 146.00 BCC ...... Obstetrics ...... 68.00 126.00 135.00 BCZ ...... OB-GYN Care NEC ...... 112.00 207.00 221.00
D. Pediatric Care
BDA ...... Pediatric ...... 54.00 100.00 106.00 BDB ...... Adolescent ...... 55.00 101.00 108.00 BDC ...... Well Baby ...... 36.00 66.00 70.00 BDZ ...... Pediatric Care NEC ...... 64.00 119.00 126.00
E. Orthopaedic Care
BEA ...... Orthopaedic ...... 83.00 153.00 164.00 BEB ...... Cast ...... 45.00 82.00 88.00 BEC ...... Hand Surgery ...... 38.00 70.00 75.00 54442 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Notices
International Interagency MEPRS Military Edu- and other Fed- Other (Full/ 4 Clinical service eral agency code cation & Train- sponsored pa- Third party) ing (IMET) tients
BEE ...... Orthotic Laboratory ...... 59.00 110.00 117.00 BEF ...... Podiatry ...... 49.00 91.00 97.00 BEZ ...... Chiropractic ...... 21.00 38.00 40.00
F. Psychiatric and/or Mental Health Care
BFA ...... Psychiatry ...... 97.00 179.00 191.00 BFB ...... Psychology ...... 71.00 132.00 141.00 BFC ...... Child Guidance ...... 59.00 109.00 117.00 BFD ...... Mental Health ...... 80.00 147.00 157.00 BFE ...... Social Work ...... 80.00 149.00 159.00 BFF ...... Substance Abuse ...... 62.00 115.00 123.00
G. Family Practice/Primary Medical Care
BGA ...... Family Practice ...... 67.00 124.00 132.00 BHA ...... Primary Care ...... 64.00 118.00 126.00 BHB ...... Medical Examination ...... 59.00 109.00 117.00 BHC ...... Optometry ...... 42.00 77.00 82.00 BHD ...... Audiology ...... 30.00 55.00 58.00 BHE ...... Speech Pathology ...... 81.00 149.00 159.00 BHF ...... Community Health ...... 41.00 75.00 80.00 BHG ...... Occupational Health ...... 59.00 108.00 115.00 BHH ...... TRICARE Outpatient ...... 42.00 78.00 83.00 BHI ...... Immediate Care ...... 82.00 152.00 162.00 BHZ ...... Primary Care NEC ...... 43.00 79.00 84.00
H. Emergency Medical Care
BIA ...... Emergency Medical ...... 107.00 198.00 211.00
I. Flight Medical Care
BJA ...... Flight Medicine ...... 85.00 157.00 167.00
J. Underseas Medical Care
BKA ...... Underseas Medicine ...... 32.00 58.00 62.00
K. Rehabilitative Services
BLA ...... Physical Therapy ...... 29.00 54.00 57.00 BLB ...... Occupational Therapy ...... 53.00 98.00 104.00
III. Other Rates and Charges 1 2 Per Visit
International Interagency MEPRS Military Edu- and other Fed- Other (Full/ 4 Clinical service eral agency code cation & Train- sponsored pa- Third party) ing (IMET) tients
FBI ...... A. Immunization ...... $10.00 $19.00 $20.00 DGC ...... B. Hyperbaric Chamber 5 ...... 180.00 333.00 355.00 C. Ambulatory Procedure Visit (APV).6 376.00 691.00 737.00 D. Family Member Rate (formerly Military Dependents Rate) ...... 10.20 ......
E. Reimbursement Rates For Drugs Requested By Outside Providers 7 The FY 1998 drug reimbursement rates for drugs are for prescriptions requested by outside providers and obtained at a Military Treatment Facility. The rates are established based on the cost of the particular drugs provided. Final rule of 32 CFR Part 220, estimated to be published October 1, 1997, will eliminate the high cost ancillary services’ dollar threshold and the associated term ‘‘high cost ancillary service.’’ In anticipation of that change, the phrase ‘‘high cost ancillary service’’ has been replaced with the phrase ‘‘ancillary services requested by an outside provider.’’ The list of drug reimbursement rates is too large to include here. These rates are available on request from OASD (Health Affairs), LTC Michael Montgomery, 703–681–8910. F. Reimbursement Rates for Ancillary Services Requested By Outside Providers 8 Final rule of 32 CFR Part 220, estimated to be published October 1, 1997, will eliminate the high cost ancillary services’ dollar threshold and the associated term ‘‘high cost ancillary service.’’ In anticipation of that change, the Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Notices 54443 phrase ‘‘high cost ancillary service’’ has been replaced with the phrase ‘‘ancillary services requested by an outside provider.’’ The list of FY 1998 rates for ancillary services requested by outside providers and obtained at a Military Treatment Facility is too large to include here. These rates are available on request from OASD (Health Affairs) LTC Michael Montgomery, 703–681–8910. G. Elective Cosmetic Surgery Procedures and Rates
Cosmetic surgery proce- International Classifica- Current Procedural Ter- Amount of FY 1998 charge 10 dure tion Diseases (ICD±9) minology (CPT) 9 charge
Mammaplasty ...... 85.50, 85.32, 85.31 ...... 19325, 19324, 19318 .... Inpatient Surgical Care Per Diem or APV or ap- a b c plicable Outpatient Clinic Rate. Mastopexy ...... 85.60 ...... 19316 ...... Inpatient Surgical Care Per Diem or APV or ap- a b c plicable Outpatient Clinic Rate. Facial Rhytidectomy ...... 86.82, 86.22 ...... 15824 ...... Inpatient Surgical Care Per Diem or APV or ap- a b c plicable Outpatient Clinic Rate. Blepharoplasty ...... 08.70, 08.44 ...... 15820, 15821, 15822, Inpatient Surgical Care Per Diem or APV or ap- a b c 15823. plicable Outpatient Clinic Rate. Mentoplasty (Augmenta- 76.68, 76.67 ...... 21208, 21209 ...... Inpatient Surgical Care Per Diem or APV or ap- a b c tion/Reduction). plicable Outpatient Clinic Rate. Abdominoplasty ...... 86.83 ...... 15831 ...... Inpatient Surgical Care Per Diem or APV or ap- a b c plicable Outpatient Clinic Rate. Lipectomy suction per re- 86.83 ...... 15876, 15877, 15878, Inpatient Surgical Care Per Diem or APV or ap- a b c gion.11 15879. plicable Outpatient Clinic Rate. Rhinoplasty ...... 21.87, 21.86 ...... 30400, 30410 ...... Inpatient Surgical Care Per Diem or APV or ap- a b c plicable Outpatient Clinic Rate. Scar Revisions beyond 86.84 ...... 1578l ...... Inpatient Surgical Care Per Diem or APV or ap- a b c CHAMPUS. plicable Outpatient Clinic Rate. Mandibular or Maxillary 76.41 ...... 21194 ...... Inpatient Surgical Care Per Diem or APV or ap- a b c Repositioning. plicable Outpatient Clinic Rate. Minor Skin Lesions.12 86.30 ...... 1578l ...... Inpatient Surgical Care Per Diem or APV or ap- a b c plicable Outpatient Clinic Rate. Dermabrasion ...... 86.25 ...... 15780 ...... Inpatient Surgical Care Per Diem or APV or ap- a b c plicable Outpatient Clinic Rate. Hair Restoration ...... 86.64 ...... 15775 ...... Inpatient Surgical Care Per Diem or APV or ap- a b c plicable Outpatient Clinic Rate. Removing Tattoos ...... 86.25 ...... 15780 ...... Inpatient Surgical Care Per Diem or APV or ap- a b c plicable Outpatient Clinic Rate. Chemical Peel ...... 86.24 ...... 15790 ...... Inpatient Surgical Care Per Diem or APV or ap- a b c plicable Outpatient Clinic Rate. Arm/Thigh 86.83 ...... 1583l ...... Inpatient Surgical Care Per Diem or APV or ap- a b c Dermolipectomy. plicable Outpatient Clinic Rate. Brow Lift ...... 86.3 ...... 15839 ...... Inpatient Surgical Care Per Diem or APV or ap- a b c plicable Outpatient Clinic Rate.
H. Dental Rate 13 Per Procedure
Interagency International and other Fed- MEPRS Military Edu- Other (Full/ 4 Clinical service eral agency code cation & Train- sponsored pa- Third party) ing (IMET) tients
Dental Services ...... $35.00 $101.00 $106.00 ADA code and DoD established weight.
I. Ambulance Rate 14 Per Visit
International Interagency MEPRS Military Edu- and other Fed- Other (Full/ 4 Clinical service eral agency code cation & Train- sponsored pa- Third party) ing (IMET) tients
FEA ...... Ambulance ...... $32.00 $60.00 $64.00
J. Laboratory and Radiology Services Requested by an Outside Provider 8 Per Procedure
International Interagency MEPRS Military Edu- and other Fed- Other (Full/ 4 Clinical service eral agency code cation & Train- sponsored pa- Third party) ing (IMET) tients
Laboratory procedures requested by an outside provider CPT±4 Weight Multi- $9.00 $13.00 $14.00 plier. 54444 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Notices
International Interagency MEPRS Military Edu- and other Fed- Other (Full/ 4 Clinical service eral agency code cation & Train- sponsored pa- Third party) ing (IMET) tients
Radiology procedures requested by an outside provider CPT±4 Weight Multi- 23.00 35.00 37.00 plier.
K. AirEvac Rate 15 Per Visit
International Interagency MEPRS Military Edu- and other Fed- Other (Full/ 4 Clinical service eral agency code cation & Train- sponsored pa- Third party) ing (IMET) tients
AirEvac ServicesÐAmbulatory ...... $113.00 $209.00 $223.00 AirEvac ServicesÐLitter ...... 323.00 598.00 638.00
Notes on Cosmetic Surgery Charges: a Per diem charges for inpatient surgical care services are listed in Section I.B. (See notes 9 through 11, below, for further details on reimbursable rates.) b Charges for ambulatory procedure visits (formerly same day surgery) are listed in Section III.C. (See notes 9 through 11, below, for further details on reimbursable rates.) The ambulatory procedure visit (APV) rate is used if the elective cosmetic surgery is performed in an ambulatory procedure unit (APU). c Charges for outpatient clinic visits are listed in Sections II.A–K. The outpatient clinic rate is not used for services provided in an APU. The APV rate should be used in these cases. Notes on Reimbursable Rates: 1 Percentages can be applied when preparing bills for both inpatient and outpatient services. Pursuant to the provisions of 10 U.S.C. 1095, the inpatient Diagnosis Related Groups and inpatient per diem percentages are 96 percent hospital and 4 percent professional charges. The outpatient per visit percentages are 88 percent outpatient services and 12 percent professional charges. 2 DoD civilian employees located in overseas areas shall be rendered a bill when services are performed. Payment is due 60 days from the date of the bill. 3 The cost per Diagnosis Related Group (DRG) is based on the inpatient full reimbursement rate per hospital discharge, weighted to reflect the intensity of the principal and secondary diagnoses, surgical procedures, and patient demographics involved. The adjusted standardized amounts (ASA) per Relative Weighted Product (RWP) for use in the direct care system is comparable to procedures used by the Health Care Financing Administration (HCFA) and the Civilian Health and Medical Program for the Uniformed Services (CHAMPUS). These expenses include all direct care expenses associated with direct patient care. The average cost per RWP for large urban, other urban/rural, and overseas will be published annually as an adjusted standardized amount (ASA) and will include the cost of inpatient professional services. The DRG rates will apply to reimbursement from all sources, not just third party payers. 4 The Medical Expense and Performance Reporting System (MEPRS) code is a three digit code which defines the summary account and the subaccount within a functional category in the DoD medical system. MEPRS codes are used to ensure that consistent expense and operating performance data is reported in the DoD military medical system. An example of the MEPRS hierarchical arrangement follows:
MEPRS code
Outpatient Care (Functional Category) ...... B Medical Care (Summary Account) ...... BA Internal Medicine (Subaccount) ...... BAA
5 Hyperbaric services charges shall be based on hours of service in 15 minute increments. The rates listed in Section III.B. are for 60 minutes or 1 hour of service. Providers shall calculate the charges based on the number of hours (and/or fractions of an hour) of service. Fractions of an hour shall be rounded to the next 15 minute increment (e.g., 31 minutes shall be charged as 45 minutes). 6 Ambulatory procedure visit is defined in DOD Instruction 6025.8, ‘‘Ambulatory Procedure Visit (APV),’’ dated September 23, 1996, as immediate (day of procedure) pre-procedure and immediate post-procedure care requiring an unusual degree of intensity and provided in an ambulatory procedure unit (APU). Care is required in the facility for less than 24 hours. This rate is also used for elective cosmetic surgery performed in an APU. 7 Prescription services requested by outside providers (e.g., physicians or dentists) are relevant to the Third Party Collection Program. Third party payers (such as insurance companies) shall be billed for prescription services when beneficiaries who have medical insurance obtain medications from a Military Treatment Facility (MTF) that are prescribed by providers external to the MTF. Eligible beneficiaries (family members or retirees with medical insurance) are not personally liable for this cost and shall not be billed by the MTF. Medical Services Account (MSA) patients, who are not beneficiaries as defined in 10 U.S.C. 1074 and 1076, are charged at the ‘‘Other’’ rate if they are seen by an outside provider and only come to the MTF for prescription services. The standard cost of medications ordered by an outside provider includes the cost of the drugs plus a dispensing fee per prescription. The prescription cost is calculated by multiplying the number of units (e.g., tablets or capsules) by the unit cost and adding a $5.00 dispensing fee per prescription. The final rule at 32 CFR Part 220, estimated to be published October 1, 1997, will eliminate the dollar threshold for high cost ancillary services (by changing the threshold from $25 to $0) and the associated term ‘‘high cost ancillary service.’’ In anticipation of that change, the phrase ‘‘high cost ancillary service’’ has been replaced with the phrase ‘‘ancillary services requested by an outside provider.’’ The elimination of the threshold also eliminates the bundling of costs whereby a patient is billed if the total cost of ancillary services in a day (defined as 0001 hours to 2400 hours) exceeded $25.00. 8 Charges for ancillary services requested by an outside provider (physicians, dentists, etc.) are relevant to the Third Party Collection Program. Third party payers (such as insurance companies) shall be billed for ancillary services when beneficiaries who have medical Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Notices 54445 insurance obtain services from the MTF that are prescribed by providers external to the MTF. Laboratory and Radiology procedure costs are calculated using the Physicians’ Current Procedural Terminology (CPT)–4 Report weight multiplied by either the laboratory or radiology multiplier (Section III.J). Eligible beneficiaries (family members or retirees with medical insurance) are not personally liable for this cost and shall not be billed by the MTF. MSA patients, who are not beneficiaries as defined by 10 U.S.C. 1074 and 1076, are charged at the ‘‘Other’’ rate if they are seen by an outside provider and only come to the MTF for services. The final rule at 32 CFR Part 220, estimated to be published October 1, 1997, will eliminate the dollar threshold for high cost ancillary services (by changing the threshold from $25 to $0) and the associated term ‘‘high cost ancillary service.’’ In anticipation of that change, the phrase ‘‘high cost ancillary service’’ has been replaced with the phrase ‘‘ancillary services requested by an outside provider.’’ The elimination of the threshold also eliminates the bundling of costs whereby a patient is billed if the total cost of ancillary services in a day (defined as 0001 hours to 2400 hours) exceeded $25.00. 9 The attending physician is to complete the CPT–4 code to indicate the appropriate procedure followed during cosmetic surgery. The appropriate rate will be applied depending on the treatment modality of the patient: Ambulatory procedure visit, outpatient clinic visit or inpatient surgical care services. 10 Family members of active duty personnel, retirees and their family members, and survivors shall be charged elective cosmetic surgery rates. Elective cosmetic surgery procedure information is contained in Section III.G. The patient shall be charged the rate as specified in the FY 1998 reimbursable rates for an episode of care. The charges for elective cosmetic surgery are at the full reimbursement rate (designated as the ‘‘Other’’ rate) for inpatient per diem surgical care services in Section I.B., ambulatory procedure visits as contained in Section III.C, or the appropriate outpatient clinic rate in Sections II.A–K. The patient is responsible for the cost of the implant(s) and the prescribed cosmetic surgery rate. (NOTE: The implants and procedures used for the augmentation mammaplasty are in compliance with Federal Drug Administration guidelines.) 11 Each regional lipectomy shall carry a separate charge. Regions include head and neck, abdomen, flanks, and hips. 12 These procedures are inclusive in the minor skin lesions. However, CHAMPUS separates them as noted here. All charges shall be for the entire treatment, regardless of the number of visits required. 13 Dental service rates are based on a dental rate multiplier times the American Dental Association (ADA) code and the DoD established weight for that code. 14 Ambulance charges shall be based on hours of service in 15 minute increments. The rates listed in Section III.I are for 60 minutes or 1 hour of service. Providers shall calculate the charges based on the number of hours (and/or fractions of an hour) that the ambulance is logged out on a patient run. Fractions of an hour shall be rounded to the next 15 minute increment (e.g., 31 minutes shall be charged as 45 minutes). 15 Air in-flight medical care reimbursement charges are determined by the status of the patient (ambulatory or litter) and are per patient. The charges are billed only by the Air Force Global Patient Movement Requirement Center (GPMRC).
Dated: October 14, 1997. covered by 5 U.S.C. 552b(c)(1)(1988), For further information, contact the L.M. Bynum, will be presented throughout the HQ USAF Scientific Advisory Board Alternate OSD Federal Register Liaison meetings, and that, accordingly, these Secretariat at (703) 697–8404. Officer, Department of Defense. meetings will be closed to the public. Barbara A. Carmichael, [FR No. 97–27647 Filed 10–17–97; 8:45 am] Dated: October 14, 1997. Alternate Air Force Federal Register Liaison BILLING CODE 5000±04±P L.M. Bynum, Officer. [FR Doc. 97–27681 Filed 10–17–97; 8:45 am] Alternate OSD Federal Register Liaison DEPARTMENT OF DEFENSE Officer, Department of Defense. BILLING CODE 3910±01±U [FR Doc. 97–27645 Filed 10–17–97; 8:45 am] Office of the Secretary BILLING CODE 5000±04±M Meeting of the Task Force on Defense DEPARTMENT OF ENERGY Reform DEPARTMENT OF DEFENSE Office of Fossil Energy AGENCY: Department of Defense, Task Department of the Air Force Force on Defense Reform. National Coal Council; Notice of Open ACTION: Notice. HQ USAF Scientific Advisory Board Meeting SUMMARY: The Task Force on Defense Meeting Reform will meet in closed sessions on Pursuant to the provisions of the November 4, 6, 13, 18, 20, and 25, 1997. The Aerial Targets, UAVs, and Ranges Federal Advisory Committee Act (Pub. The Task Force on Defense Reform Symposium in support of the HQ USAF L. 92–463, 86 Stat. 770), notice is hereby was established to make Scientific Advisory Board will meet in given of the following meeting: recommendations to the Secretary of Las Vegas, NV on November 12–13, Name: National Coal Council. Defense and Deputy Secretary of 1997, from 8:00 a.m. to 5:00 p.m. Date And Time: Friday, November 14, Defense on alternatives for The purpose of the meeting is to 1997, 8:30 am. organizational reforms, reductions in gather information and receive briefings Place: Hyatt Regency, Westshore, 6200 management overhead, and streamlined Courtney Campbell Causeway, Tampa, FL. on Aerial Targets, UAVs, and Ranges. business practices in the Department of Contact: Margie D. Biggerstaff, U.S. Defense (DoD), with emphasis on the The meeting will be closed to the Department of Energy, Office of Fossil Energy Office of the Secretary of Defense, the public in accordance with Section 552b (FE–5), Washington, D.C. 20585, Telephone: Defense Agencies, the DoD field of Title 5, United States Code, 202/586–3867. activities, and the Military Departments. specifically subparagraphs (1) and (4) Purpose of the Council: To provide advice, In accordance with Section 10(d) of thereof. information, and recommendations to the the Federal Advisory Committee Act, Secretary of Energy on matters relating to Pub. L. 92–463, as amended, 5 U.S.C., coal and coal industry issues. Appendix II, it has been determined that matters affecting national security, as 54446 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Notices
Tentative Agenda and Development Administration (AEC/ accelerator beam. Men’s and women’s —Call to order and opening remarks by ERDA), predecessor agencies to DOE. restrooms were built into the facility so Clifford Miercort, Chairman of the National Although DOE owns the majority of the that the facility provided a complete Coal Council. buildings and equipment, a subsidiary self-contained accelerator test —Approve agenda. of Boeing North American Incorporated, installation. A fenced-in area between —Remarks by Department of Energy Rocketdyne Division, owned the land. Buildings T030 and the adjacent representative. FOR FURTHER INFORMATION CONTACT: building T641 was previously used as a —Report of the Coal Policy Committee. Mike Lopez, Program Manager, palletized material holding area. To the —Administrative reports. Environmental Restoration Division, north of T030, south of T641, and west —Coal’s Future—Technological Challenges of both buildings are outcroppings of and Opportunities, Kurt Yeager, President Oakland Operations Office, U.S. & CEO Electric Power Research Institute. Department of Energy, Oakland, CA Chatsworth sandstone formation. This —Global Climate Change Forum. 94612–5208. formation is only about 50 ft. from the north and west sides of T030. —Discussion of any other business properly SUPPLEMENTARY INFORMATION: DOE has After facility construction in 1958, a brought before the Council. implemented environmental restoration Van de Graaf accelerator was moved —Public comment—10-minute rule. projects at ETEC (Ventura County, Map —Adjournment. into the facility in 1960. The accelerator Book 3, Page 7, Miscellaneous Records) could provide a proton beam of up to Public Participation: The meeting is open as part of DOE’s Environmental to the public. The Chairman of the Council tens of microamperes in current, with Restoration Program. One objective of continuously adjustable energies from a is empowered to conduct the meeting in a the program is to identify and clean up fashion that will facilitate the orderly few hundred KeV up to a maximum of conduct of business. Any member of the or otherwise control facilities where about 1 MeV. The particle beam was public who wishes to file a written statement residual radioactive contamination well focused, with a diameter of a few with the Council will be permitted to do so, remains from activities carried out millimeters. Neutrons were generated either before or after the meeting. Members under contract to AEC/ERDA during the using a tritium target via the 3H(p,n)3He of the public who wish to make oral early years of the Nation’s atomic energy reaction. Five-gallon cans of borated statements pertaining to agenda items should program. contact Margie D. Biggerstaff at the address water were used for neutron shielding ETEC is comprised of a number of around the machine. or telephone number listed above. Requests facilities and structures located within must be received at least five days prior to The accelerator was operated from Administrative Area IV of the Santa 1960 through 1964, at which time the the meeting and reasonable provisions will Susana Field Laboratory. The work be made to include the presentation on the facility was decommissioned. Even agenda. performed for DOE at ETEC consisted though it was not in use, the accelerator primarily of testing of equipment, Transcript: Available for public review and remained in the facility after 1964. In copying at the Public Reading Room, Room materials, and components for nuclear 1966, a smear survey of the accelerator 1E–190, Forrestal Building, 1000 and energy related programs. These showed tritium contamination. It was Independence Avenue, S.W., Washington, nuclear energy research and believed that the tritium contamination DC, between 9:00 AM and 4:00 PM, Monday development programs, conducted by had not spread to surrounding areas. through Friday, except Federal holidays. Atomics International under contract to Following removal of the accelerator in Issued at Washington, D.C., on October 15, AEC/ERDA, began in 1946. Several 1966, the building was surveyed and no 1997. buildings and land areas became residual contamination was found. The Rachel M. Samuel, radiologically contaminated as a result building was released for other uses, Deputy Committee Advisory, Management of facility operations and site activities. and had subsequently been used as an Advisory Officer. Building T030 is one ETEC area that has office building for purchasing and on- [FR Doc. 97–27719 Filed 10–17–97; 8:45 am] been designated for cleanup under the site traffic administrative work until BILLING CODE 6450±01±P DOE Environmental Restoration 1995. Program. Other areas undergoing In 1988, a general radiological survey decontamination will be released as was conducted to clarify and identify DEPARTMENT OF ENERGY they are completed and are verified to areas at ETEC requiring further meet established cleanup criteria and radiological inspection or remediation; [Docket No. ETEC±T030] standards for release without Building T030 was included in this radiological restrictions as established survey. The scope of the Building T030 Certification of the Radiological in DOE Order 5400.5. survey included ambient gamma Condition of Building T030 at the Building T030 is located in the north- exposure rate measurements, Energy Technology Engineering eastern section of ETEC on 10th Street, ‘‘indication’’ beta surveys of the Center Near Chatsworth, CA off the west side of G Street, among accelerator room and the outside paved AGENCY: U.S. Department of Energy, several adjacent buildings on paved area used for storing palletized Office of Environmental Restoration. ground. Building T030 was constructed containers, and exterior soil samples for ACTION: Notice of certification. in 1958 as a Particle Accelerator tritium content. The result of that Facility. The building has a total survey showed no detectable SUMMARY: The Department of Energy enclosed area of 2,311 sq. ft. The facility contamination in the facility. Tritium (DOE) has completed radiological consists of two connecting sections, analyses on ten soil samples and the surveys and taken remedial action to both with steel framing, siding, and beta survey showed no detectable decontaminate Building T030, Particle roofs. The rear open (west) section was activity. Background-corrected gamma Accelerator Facility, located at the constructed perpendicular to the front measurements were all less than the Energy Technology Engineering Center office (east) section. The rear section acceptance limit of 5 µR/hr. (ETEC) near Chatsworth, California. was configured to accommodate a low- In September 1995, the Oak Ridge This property was found to contain voltage particle accelerator used as a Institute for Science and Education radioactive materials from activities proton on tritium (P-T) neutron source. (ORISE) conducted a confirmatory carried out for the Atomic Energy An outside concrete wall, north of the survey of several facilities at ETEC, Commission and the Energy Research west section, provided shielding for the including Building T030. With the Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Notices 54447 exception of a single finding for established in DOE Order 5400.5. This FOR FURTHER INFORMATION CONTACT: removable tritium contamination of certification of compliance provides Requests for additional information or 6,600 dpm/100 cm2 (below the assurance that future use of the property will copies of the form and instructions acceptance limit of 10,000 dpm/100 result in no radiological exposure above should be directed to Stephen E. applicable guidelines established to protect Calopedis at the address listed above. cm2) found on the north wall of the members of the general public or site accelerator room, no unusual findings occupants. Accordingly, the property SUPPLEMENTARY INFORMATION: were noted. However, ORISE did specified below is released from DOE’s question the completeness of the 1988 Environmental Restoration Program. I. Background survey. Specifically, ORISE II. Current Actions recommended complete measurements Property Owned by Boeing North III. Request for Comments American Incorporated of total or removable surface activity I. Background and additional sampling for tritium Building T030 at the Energy In order to fulfill its responsibilities activity in the accelerator area. Technology Engineering Center under the Federal Energy Consistent with ORISE’s advice, a (situated within Area IV of the Santa Administration Act of 1974 (Pub. L. 93– comprehensive final survey of Building Susana Field Laboratory), located in a 275) and the Department of Energy T030 was conducted by ETEC in 1996. portion of Tract ‘‘A’’ of Rancho Simi, in Organization Act (Pub. L. 95–91), the In 1996 approximately 2,311 sq. ft. of the County of Ventura, State of Energy Information Administration asbestos floor tile was removed and California, as per map recorded in Book (EIA) is obliged to carry out a central, disposed of. The cost associated with 3, Page 7 of Miscellaneous Records of comprehensive, and unified energy data the removal of the asbestos floor tile was Ventura County. and information program. As part of this approximately $9,200. The radiological Issued in Washington, D.C., on October 10, program, EIA collects, evaluates, survey cost associated with Building 1997. assembles, analyzes, and disseminates T030 could not be isolated from total James J. Fiore, data and information related to energy radiological facility surveys but is Acting Deputy Assistant Secretary for resource reserves, production, demand, estimated to have cost approximately Environmental Restoration. and technology, and related economic $20,000. and statistical information relevant to No appreciable personnel radiation [FR Doc. 97–27720 Filed 10–17–97; 8:45 am] the adequacy of energy resources to exposure was anticipated or BILLING CODE 6450±01±P meet demands in the near and longer encountered during decontamination term future for the Nation’s economic and decommissioning and surveying of DEPARTMENT OF ENERGY and social needs. Building T030. The EIA, as part of its continuing The certification docket will be Energy Information Administration effort to reduce paperwork and available for review between 9:00 a.m. respondent burden (required by the and 4:00 p.m., Monday through Friday Agency Information Collection Paperwork Reduction Act of 1995 (Pub. (except Federal holidays), in the U.S. Activities: Proposed Collection; L. 104–13)), conducts a presurvey DOE Public Reading Room located in Comment Request consultation program to provide the Room 1E–190 of the Forrestal Building, general public and other Federal 1000 Independence Avenue, S.W., AGENCY: Energy Information Administration, DOE. agencies with an opportunity to Washington, DC Copies of the comment on proposed and/or certification docket will also be ACTION: Agency information collection continuing reporting forms. This available at the following locations: activities: Proposed collection; comment program helps to prepare data requests DOE Public Document Room, U.S. request. in the desired format, minimize Department of Energy, Oakland reporting burden, develop clearly Operations Office, the Federal Building, SUMMARY: The Energy Information Administration (EIA) is soliciting understandable reporting forms, and 1301 Clay Street, Oakland, California; assess the impact of collection California State University, Northridge, comments concerning the proposed extension to the Form EIA–1605, requirements on respondents. Also, EIA Urban Archives Center, Oviatt Library, will later seek approval by the Office of Room 4, 18111 Nordhoff, Northridge, ‘‘Voluntary Reporting of Greenhouse Gases,’’ (long version) and the Form Management and Budget (OMB) for the California; Simi Valley Library, 2629 collections under Section 3507(h) of the Tapo Canyon Road, Simi Valley, EIA–1605EZ, ‘‘Voluntary Reporting of Greenhouse Gases,’’ (short version). Paperwork Reduction Act of 1995 (Pub. California; and the Platt Branch, Los L. 104–13, Title 44, U.S.C. Chapter 35). Angeles Public Library, 23600 Victory DATES: Written comments must be The EIA developed these greenhouse Boulevard, Woodland Hills, California. submitted on or before December 19, gas forms pursuant to section 1605(b) of DOE has issued the following 1997. If you anticipate that you will be the Energy Policy Act of 1992 (Pub. L. statement of certification. submitting comments, but find it 102–486, 42 U.S.C. 13385) to reflect the Statement of Certification: Energy difficult to do so within the period of guidelines set forth in Voluntary Technology Engineering Center, Building time allowed by this notice, you should Reporting of Greenhouse Gases under T030 advise the contact listed below of your section 1605(b) of the Energy Policy Act The U.S. Department of Energy (DOE), intention to do so as soon as possible. of 1992: General Guidelines (DOE/PO– Oakland Operations Office, Environmental ADDRESSES: Send comments to Stephen 0028). These forms are designed to Restoration Division, has reviewed and E. Calopedis, Energy Information collect voluntarily reported data on analyzed the radiological data obtained Administration, Office of Integrated greenhouse gas emissions, achieved following decontamination of Building T030 Analysis and Forecasting, EI–81, reductions of these emissions, and at the Energy Technology Engineering Center. Based on analysis of all data collected and Forrestal Building, U.S. Department of increased carbon fixation. Further, the the results of the independent verification, Energy, Washington, DC 20585, (202) forms support the Climate Change DOE certifies that the following property is 586–1156, e-mail: Action Plan by collecting information in compliance with DOE radiological [email protected], and on commitments to reduce greenhouse decontamination criteria and standards as FAX: (202) 586–3045. gas emissions and to sequester carbon in 54448 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Notices future years, including the progress C. Public reporting burden for this DEPARTMENT OF ENERGY made toward meeting those collection is estimated to average: commitments. The Office of Form EIA–1605: 40 hours per response Federal Energy Regulatory Management and Budget approved these Form EIA–1605EZ: 4 hours per response Commission forms on May 26, 1995 (OMB No. 1905– Burden includes the total time, effort, or [Docket No. RP97±521±001] 0194). financial resources expended to You may wish to participate in the generate, maintain, retain, or disclose or Garden Banks Gas Pipeline, LLC; program to: (1) Establish a public record provide the information. Notice of Proposed Changes in FERC of your emissions and reductions for Please comment on (1) the accuracy of Gas Tariff any years from 1987 onwards; (2) our estimate and (2) how the agency demonstrate progress toward meeting could minimize the burden of the October 14, 1997. commitments made under voluntary collection of information, including the Take notice that on October 9, 1997, Garden Banks Gas Pipeline, LLC (GBBP) programs to reduce emissions of use of information technology. greenhouse gases; (3) inform the public D. EIA estimates that respondents will tendered for filing as part of its FERC Gas Tariff, Original Volume No. 1, about greenhouse gas emissions and incur no additional costs for reporting Substitute Second Revised Sheet No. reduction strategies; and (4) contribute other than the hours required to 106, to become effective October 11, to educational exchanges on the most complete the collection. What is the 1997. effective ways to reduce emissions of estimated: (1) Total dollar amount greenhouse gases. The EIA publishes an GBGP states that the purpose of this annualized for capital and start-up filing is to comply with the letter order annual report/review of the 1605(b) costs, and (2) recurring annual costs of voluntary reporting of greenhouse gases issued September 29, 1997 in Docket operation and maintenance, and No. RP97–521–000, whereby GBGP was program. In addition, EIA has purchase of services associated with this established a publicly available database directed to refile tariff sheet No. 106 data collection? within 15 days of the date of the letter of the information reported each year, E. Do you know of any other Federal, which serves as a clearinghouse of order. State, or local agency that collects Any person desiring to protest this information and case studies. similar data? If you do, specify the filing should file a protest with the II. Current Actions agency, the data element(s), and the Federal Energy Regulatory Commission, methods of collection. This action represents a request for 888 First Street, N.E., Washington, D.C. the extension of the expiration date with As a Potential User 20426, in accordance with § 385.211 of the Commission’s Rules and no other changes, of existing collections A. Can you use data at the levels of Regulations. All such protests must be (Form EIA–1605 and Form EIA– detail indicated on the form? filed in accordance with § 154.210 of the 1605EZ). The request will include an B. For what purpose would you use Commission’s Regulations. Protests will extension from the currently approved the data? Be specific. be considered by the Commission in OMB expiration dates (May 31, 1998) to C. Are there alternate sources of data determining the appropriate action to be May 31, 2001, i.e., 3-year extension of and do you use them? If so, what are taken, but will not serve to make the Forms EIA–1605 and EIA–1605EZ. their deficiencies and/or strengths? protestants parties to the proceeding. D. For the most part, information is III. Request for Comments Copies of this filing are on file with the published by EIA in U.S. customary Commission and are available for public Prospective respondents and other units, e.g., cubic feet of natural gas, inspection in the Public Reference interested parties should comment on short tons of coal, and barrels of oil. Room. the actions discussed in item II. The Would you prefer to see EIA publish following guidelines are provided to more information in metric units, e.g., Lois D. Cashell, assist in the preparation of responses. cubic meters, metric tons, and Secretary. Please indicate to which form(s) your kilograms? If yes, please specify what [FR Doc. 97–27667 Filed 10–17–97; 8:45 am] comments apply. information (e.g., coal production, BILLING CODE 6717±01±M General Issues natural gas consumption, and crude oil imports), the metric unit(s) of A. Is the proposed collection of measurement preferred, and in which DEPARTMENT OF ENERGY information necessary for the proper EIA publication(s) you would like to see performance of the functions of the Federal Energy Regulatory such information. Commission agency and does the information have Comments submitted in response to practical utility? Practical utility is this notice will be summarized and/or [Docket No. CP98±12±000] defined as the actual usefulness of included in the request for OMB information to or for an agency, taking approval of the request for a 3-year Florida Gas Transmission Company; into account its accuracy, adequacy, extension of the forms. They also will Notice of Request Under Blanket reliability, timeliness, and the agency’s become a matter of public record. Authorization ability to process the information it collects. Statutory Authority: Section 3506 (c)(2)(A) October 14, 1997. B. What enhancements can EIA make of the Paperwork Reduction Act of 1995 Take notice that on October 9, 1997, to the quality, utility, and clarity of the (Pub. L. 104–13). Florida Gas Transmission Company information to be collected? Issued in Washington, DC, October 17, (FGT), 1400 Smith Street, P.O. Box 1997. 1188, Houston, Texas 77251–1188, filed As a Potential Respondent Jay H. Casselberry, in Docket No. CP98–12–000 a request A. Are the instructions and Agency Clearance Officer, Statistics and pursuant to §§ 157.205 and 157.216 of definitions clear and sufficient? If not, Methods Group, Energy Information the Commission’s Regulations under the which instructions require clarification? Administration. Natural Gas Act (18 CFR 157.205, B. Can data be submitted by the due [FR Doc. 97–27718 Filed 10–17–97; 8:45 am] 157.216) for authorization to abandon date? BILLING CODE 6450±01±P by sale certain facilities to Peoples Gas Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Notices 54449
System (PGS), under FGT’s blanket tendered for filing to become part of its high by 757 ft-long L-shaped dam certificate issued in Docket No. CP82– FERC Gas Tariff, First Revised Volume constructed of rock-filled timber 553–000 pursuant to Section 7 of the No. 1, Sub Second Revised Sheet No. cribbing; (2) two contiguous spillway Natural Gas Act, all as more fully set 132A.07, Original Sheet No. 132A.07a sections topped with 48 inch-high flash forth in the request that is on file with and Sub Second Revised Sheet No. boards; (3) a 7.3 mile-long the Commission and open to public 132A.08 to be effective April 14, 1997. impoundment with a surface area of 578 inspection. CIG states the tariff sheets are filed in acres; (4) a triangular shaped forebay; (5) FGT proposes to abandon by sale to compliance with the order issued a powerhouse intake containing six PGS the following facilities: (1) 1.7 September 25, 1997 in Docket No. timber gates; (6) a powerhouse miles of the 6-inch Miami Lateral from RP97–290–002 to correct pagination containing six identical 1.3 megawatt the outlet of M&R Station-POI No. 16119 errors and a footnote reference. CIG (MW) generating units with a total rated to the terminus, (2) 6.1 miles of 4-inch states that it has made no change to the hydraulic capacity of 5,556 cfs; and (7) Green Covet Springs Lateral and meter text of the tariff sheets. a substation connected to a one-mile station site starting from the connection Any person desiring to protest this long, 13.8 kilovolt (kV) transmission on the Jacksonville Lateral to the filing should file a protest with the line. terminus of the Lateral, (3) the Sarasota Federal Energy Regulatory Commission, The existing facilities at the Jay PGS Lateral that consists of 5.7 miles of 888 First Street NE., Washington, DC Project include; (1) An 893 foot-long the 8-inch Sarasota lateral downstream 20426, in accordance with § 385.211 of dam comprised of three non-contiguous or South of FGT’s Lateral Line Valve the Commission’s Regulations. All such sections, two with 32-inch high 25–6 through and including LLV25–7 at protests must be filed as provided in flashboards; (2) a 150-foot-long by 37 the terminus of the 8-inch lateral, and § 154.210 of the Commission’s foot wide powerhouse intake containing the 633 feet of 3-inch lateral line from Regulations. Protests will be considered six timber gates; (3) six identical the 8-inch Sarasota Lateral at MP 90.3 by the Commission in determining the horizontal shaft turbines with maximum to the Sarasota M&R Station, and (4) the appropriate action to be taken, but will and minimum hydraulic capacities of Sarasota M&R Station, (with the not serve to make protestants parties to 550 cubic feet per second (cfs) and 200 exception of the EFM equipment that the proceeding. Copies of this filing are cfs, respectively, for a total rated will be removed and placed in FGT’s on file with the Commission and are hydraulic capacity of 3,300 cfs; (4) a 1.5 inventory for future use). available for public inspection in the mile-long impoundment with a surface FGT states that the abandonment will Public Reference Room. area of 206 acres; (5) a 320 foot-long not result in any disruption or Lois D. Cashell, forebay; (6) a powerhouse containing six disadvantage any of FGT’s customers. Secretary. generators with a total installed capacity Any person or the Commission’s staff [FR Doc. 97–27665 Filed 10–17–97; 8:45 am] of 3,125 kilowatts (kW); and (7) a may, within 45 days after issuance of BILLING CODE 6717±01±M substation connected to a 6,000 foot- the instant notice by the Commission, long, 13.8 kV transmission line. file pursuant to Rule 214 of the The existing facilities at the Commission’s Procedural Rules (18 CFR DEPARTMENT OF ENERGY Livermore Project include; (1) An 849 385.214) a motion to intervene or notice foot-long concrete gravity dam; (2) a 25- of intervention and pursuant to Federal Energy Regulatory foot-long forebay intake structure with § 157.205 of the Regulations under the Commission 10 steel gates; (3) a 0.75 mile-long Natural Gas Act (18 CFR 157.205) a impoundment with 46 acres surface [Project Nos. 2375, ME and 8277, ME] protest to the request. If no protest is area; (4) a powerhouse intake structure filed within the time allowed therefore, International Paper Company, Otis containing eight timber gates; (5) a the proposed activity shall be deemed to Hydroelectric Company; Notice of powerhouse containing eight identical be authorized effective the day after the Applications Tendered for Filing; turbines with maximum and minimum time allowed for filing a protest. If a Notice of Applications and Applicant hydraulic capacities of 432 cfs and 100 protest is filed and not withdrawn Prepared EA Accepted for Filing; cfs, respectively, for a total rated within 30 days after the time allowed Notice Requesting Interventions and hydraulic capacity of 3,456 cfs; (6) eight for filing a protest, the instant request Protests; Notice Establishing generators with an installed capacity of shall be treated as an application for Procedural Schedule and Final 8,165 kW; and (7) a sub station authorization pursuant to Section 7 of Amendment Deadline; and Notice connected to a 3.2 mile-long, 13.8 kV the Natural Gas Act. Requesting Comments, Final Terms transmission line. Lois D. Cashell, and Conditions, Recommendations International Paper proposes the Secretary. and Prescriptions following new facilities at the Livermore Project: (1) Refurbishing three existing [FR Doc. 97–27662 Filed 10–17–97; 8:45 am] October 14, 1997. generating units; (2) removing two BILLING CODE 6717±01±M International Paper Company and Otis existing generating units from operation; Hydroelectric Company have filed with (3) installing two new 4.12 MW DEPARTMENT OF ENERGY the Federal Energy Regulatory horizontal Kaplan units which would Commission (Commission) an Applicant discharge into the existing tailrace; (4) Federal Energy Regulatory Prepared Environmental Assessment installing a 1.32 MW vertical Kaplan Commission (APEA) and License Applications for unit discharging into the lower portion the Riley-Jay-Livermore Project No. of the bypass reach; and (5) upgrading [Docket No. RP97±290±003] 2375 and the Otis Project No. 8277 0.8 mile of transmission line between Colorado Interstate Gas Company; located on the Androscoggin River, Livermore and Otis Projects to a 13.8 kV Notice of Tariff Compliance Filing Maine. overhead line. The proposed Livermore The proposed Riley-Jay-Livermore project would have a total of 6 October 14, 1997. Project consists of three separate generating units. Total hydraulic Take notice that on October 8, 1997, developments. The existing facilities at capacity would increase from 3,456 cfs Colorado Interstate Gas Company (CIG), the Riley Project include: (1) A 19.2 ft- to 5,400 cfs. Installed capacity at 54450 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Notices
Livermore would increase from 7.8 MW processing of the license applications Collaborative Team, we expect the to 12.26 MW. and the APEA. Since then, the majority of comments to reflect the The Otis Project consists of one Commission has been working agreement and preferred alternative in development. The existing facilities at cooperatively in advising the the DEA. the Otis Project include: (1) A 577 foot- Collaborative Team of studies or other Copies of the Applications and APEA long concrete gravity dam in two information foreseeable required by the sections, one with 2 foot-high flash Commission. A copy of the DEA and final license boards, and the second with 2.21 foot- National Environmental Policy Act applications are available for review by high flashboards; (2) an 80-foot-long (NEPA) scoping was conducted on the contacting Steve W. Groves, forebay intake structures with 2 projects through scoping documents International Paper Company, headgates; (3) a 2.5 mile-long issued December 8, 1994, and May 12, Androscoggin Mill, Riley Road, Jay, impoundment with 115 acres surface 1995, and in public scoping meetings on Maine 04239, or phone 207–897–1389. area; (4) a powerhouse containing two January 10, 1995. Draft license Copies of these documents are also identical 5,175 kW generating units applications and preliminary DEA available for review in the with a total hydraulic capacities of (PDEA) were issued by the Collaborative Commission’s Public Reference Room. 6,000 cfs; and (5) a substation connected Team for comment on March 28, 1997. Filing Requirements to a 3.0 mile-long 13.8 kV transmission The final license applications and APEA line. were filed with the Commission on The above documents must be filed October 25, 1997. The APEA includes by providing an original and 8 copies as Purpose of Notice responses to all comments received on required by the Commission’s The purpose of this notice is to: (1) the PDEA. regulations to: Secretary, Federal Energy Inform all interested parties that an Commission staff have reviewed the Regulatory Commission, 888 First APEA and final license applications for APEA and license applications and have Street, N.E., Washington, DC 20426. the Riley-Jay-Livermore Project and Otis determined that the applications are In addition to the above copies, Project have been filed with the acceptable and no additional comments or interventions may also be Commission on September 25, 1997, information or studies are needed to submitted on a 31⁄2-inch diskette and are available for the public prepare the Commission’s draft EA. The formatted for MS–DOS based computers inspection; (2) inform all parties that the deadline for applicants filing any final to: Secretary, Federal Energy Regulatory applications and APEA are hereby amendments to the application is 45 Commission, 888 First St., NE, accepted; (3) invite interventions and days from the date of this notice. Washington, DC 20426. For Macintosh protests; (4) solicit comments, final Comments, as indicated below, are now users, it would be helpful to save the recommendations, terms and being requested from interested parties. documents in Macintosh word conditions, or prescriptions on the final Any comments received will be processor format and then write them to license applications and APEA; and (5) addressed in the draft EA issued by files on a diskette formatted for MS– identify an approximate schedule and Commission by late December 1997, or DOS machines. procedures that will be followed in early 1998. There will be a 30-day Questions regarding this notice may processing the applications and APEA. comment period on the draft EA. A final be directed to Commission staff Monte International Paper Company and Otis EA is scheduled for March 30, 1998, or J. TerHaar at 202–219–2768. Hydroelectric Company have used a earlier. Linwood A. Watson, Jr., Collaborative Team approach to prepare Interventions and Protests Acting Secretary. the APEA for the Riley-Jay Livermore [FR Doc. 97–27699 Filed 10–17–97; 8:45 am] All such filings must: (1) Bear in all and Otis Hydroelectric Projects. The BILLING CODE 6717±01±M Collaborative Team consists of federal, capital letters the title ‘‘MOTION TO state, and local agencies, non- INTERVENE’’, (2) set forth in the governmental organizations, and the heading the name of the applicant and DEPARTMENT OF ENERGY public. The Collaborative Team has the project number of the application to been meeting since September 1994 to which the filing responds; (3) furnish Federal Energy Regulatory guide the study process and prepare the the name, address, and telephone Commission number of the person protecting or APEA. The Collaborative Team has [Docket No. RP97±446±001] reached agreement as to the preferred intervening; and (4) otherwise comply alternative for relicensing these projects. with the requirements of 18 CFR Nautilus Pipeline Company, LLC; This agreement is reflected in the APEA 385.2001 through 385.2005. All motions Notice of Proposed Changes in FERC as the preferred alternative. to intervene must be received 60 days Gas Tariff from the date of this notice. A copy of Applicant Prepared EA Process and any motion to intervene or protest must October 14, 1997. Processing Schedule be served on each applicant. Take notice that on October 9, 1997, The Energy Policy Act of 1992 (EP Nautilus Pipeline Company, LLC Act) gives the Commission the authority Comments, Final Terms and (Nautilus) tendered for filing as part of to allow the filing of an APEA with a Conditions, Recommendations and its FERC Gas Tariff, Original Volume license application. The EP Act also Prescriptions No. 1, the Tariff sheets set forth on directs the Commission to institute Interested parties have 60 days from Appendix B to the filing in compliance procedures, including pre-application the date of this notice to file with the with the Commission’s Order Nos. 587, consultations, to advise applicants of Commission, any final comments, final 587–B and 587–C to become effective studies or other information foreseeable recommendations, terms and conditions November 1, 1997. required by the Commission. and prescriptions for the Riley-Jay- On July 17, 1996, the Commission On April 27, 1995, the Director, Office Livermore and Otis Hydroelectric issued order No. 587 which revised the of Huydropower Licensing, waived or Projects. The applicants will have 45 Commission’s regulations governing amended certain of the Commission’s days to respond. In view of the high interstate natural gas pipelines to follow regulations to allow for coordinated level of early involvement of the standardized business practices issued Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Notices 54451 by the Gas Industry Standards Board representatives that you expect to send • Abandon 63 delivery taps installed (GISB). On January 30, 1997, the to the meeting. on the old Line F to deliver gas to rural Commission issued Order No. 587–B Lois D. Cashell, customers served by Arkansas Louisiana which it adopted some of the EDM Secretary. Gas Company, and relocate 36 other standards for conducting business delivery taps to the new Line F. [FR Doc. 97–27660 Filed 10–12–97; 8:45 am] • transactions over the Internet using an BILLING CODE 6717±01±M Install pipeline maintenance Internet server model. On March 4, facilities at the Buckley Compressor 1997, the Commission issued Order No. Station in Caddo Parish, the Red Chute 587–C which incorporated by reference DEPARTMENT OF ENERGY Compressor Station in Bossier Parish, 27 GISB business practices that revised and the Ruston Storage Compressor and supplemented the standards Federal Energy Regulatory Station in Lincoln Parish. adopted in Order No. 587 as well as one Commission NGT proposes to begin construction new communication standard. Nautilus [Docket No. CP97±724±000] of its facilities in June 1998. The general states that the tariff sheets submitted location of the project facilities is shown herewith revise its tariff to comply with NorAm Gas Transmission Company; in appendix 1.2 If you are interested in Order Nos. 587, 587–B and 587–C. Notice of Intent to Prepare an obtaining detailed maps of a specific Any person desiring to protest this Environmental Assessment for the portion of the project, or procedural filing should file a protest with the Proposed 1998 Line F Replacement information, please write to the Federal Energy Regulatory Commission, Project and Request for Comments on Secretary of the Commission. 888 First Street, N.E., Washington, D.C. Environmental Issues Land Requirements for Construction 20426, in accordance with Section 385.211 of the Commission’s Rules and October 14, 1997. Construction of the proposed facilities Regulations. All such protests must be The staff of the Federal Energy would require about 855 acres of land. filed in accordance with Section Regulatory Commission (FERC or Following construction, about 249 acres 154.210 of the Commission’s Commission) will prepare an would be maintained as new permanent Regulations. Protests will be considered environmental assessment (EA) that will right-of-way. The remaining acreage by the Commission in determining the discuss the environmental impacts of would be restored and allowed to revert appropriate action to be taken, but will the construction and operation of to its former use. not serve to make protestants parties to facilities proposed in the 1998 Line F NGT intends to use a up to a 85-foot- 1 the proceeding. Copies of this filing are Replacement Project. This EA will be wide construction right-of-way for the on file with the Commission and are used by the Commission in its decision- installation of the replacement pipeline. available for public inspection in the making process to determine whether Where the replacement pipeline would Public Reference Room. the project is in the public convenience be parallel to the existing line, 15 to 30 and necessity. Lois D. Cashell, feet of the construction right-of-way would be within NGT’s existing right-of- Secretary. Summary of the Proposed Project way. Consequently, about 45 feet of new [FR Doc. 97–27666 Filed 10–17–97; 8:45 am] NorAm Gas Transmission Company clearing would be required in most BILLING CODE 6717±01±M (NGT) wants to replace an existing areas. All but the eastermost 1.8 miles mainline pipeline, abandon gas storage of the replacement pipeline would be and supply pipelines, and make built adjacent to NGT’s existing DEPARTMENT OF ENERGY mainline enhancements to its pipeline pipeline. In this area, 75 feet of new system in Louisiana. NGT states that right-of-way would be cleared for Federal Energy Regulatory these actions would improve the safety, Commission construction. reliability, and efficiency of its pipeline After the replacement pipeline is in system. Specifically, NGT seeks [Docket Nos. CP96±311±000 and CP96±311± service, NGT would remove the majority 001] authorization for the following activities of the old pipeline. Abandonment in Louisiana: activities would take place entirely • Abandon about 60 miles of 20-inch- Williams Natural Gas Company; Notice within NGT’s existing 40-foot-wide diameter pipeline on Line F in Caddo, of Meeting right-of-way. Following construction, Bossier, Webster, Claiborne, and NGT would maintain a 40-foot-wide October 14, 1997. Lincoln Parishes and replace it with permanent right-of-way. Take notice that there will be a about 61 miles of 20-inch-diameter Additional temporary work space pipeline in ten segments ranging from meeting on October 22, 1997, at 10:00 would be required adjacent to the 200 feet to 32.8 miles in length. Some a.m. in Room 71–56, between planned construction right-of-way at portions of the pipeline to be abandoned representatives of Williams Natural Gas road and stream crossings. These areas would be removed, other portions Company (Williams) and the would vary in size between 4,000 and would be left in place. Commission staff. The purpose of the 168,000 square feet. meeting is to review the technical • Abandon in place Line 1–F (0.8 details of Williams’ reservoir mile of 20-inch-diameter pipeline) and The EA Process engineering study and new operational Line FT–5 (0.9 mile of 10-inch-diameter The National Environmental Policy pipeline) located in Lincoln Parish. plan for Williams’ Elk City Storage Act (NEPA) requires the Commission to • Reclassify about 8.2 miles of Line F Field, both of which Williams must file take into account the environmental with the Commission by November 30, as a low pressure gas supply line and operate it as part of Line F–1–F in 1997. 2 The appendices referenced in this notice are not In order that we may assess whether Caddo Parish. being printed in the Federal Register. Copies are the seating at the designated location available from the Commission’s Public Reference will be adequate, those planning to 1 NorAm Gas Transmission Company’s and Files Maintenance Branch, 888 First Street, application was filed with the Commission under N.E., Washington, D.C. 20426, or call (202) 208– attend should notify Mr. Marc Poole, at section 7 of the Natural Gas Act and Part 157 of the 1371. Copies of the appendices were sent to all (200) 208–0482, of the number of Commission’s regulations. those receiving this notice in the mail. 54452 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Notices impacts that could result from an action • The proposed replacement pipeline intervenor status to have your scoping whenever it considers the issuance of a would cross 68 waterbodies, 13 of comments considered. Certificate of Public Convenience and which are greater than 100 feet wide. Additional information about the Necessity. NEPA also requires us to • The project would disturb about 17 proposed project is available from Paul discover and address concerns the acres of wetland during construction, McKee in the Commission’s Office of public may have about proposals. We including 8 acres of forested wetland. External Affairs at (202) 208–1088. call this ‘‘scoping’’. The main goal of the • Eleven residences would be within Lois D. Cashell, scoping process is to focus the analysis 50 feet of the edge of the construction Secretary. in the EA on the important right-of-way. [FR Doc. 97–27661 Filed 10–17–97; 8:45 am] environmental issues. By this Notice of • The pipeline would cross Bayou BILLING CODE 6717±01±M Intent, the Commission requests public Dorcheat, a Louisiana Natural and comments on the scope of the issues it Scenic Waterway, using a directional will address in the EA. All comments drilling technique. DEPARTMENT OF ENERGY received are considered during the preparation of the EA. State and local Public Participation Federal Energy Regulatory government representatives are You can make a difference by sending Commission encouraged to notify their constituents a letter addressing your specific of this proposed action and encourage comments or concerns about the project. Notice of Intent To File An Application them to comment on their areas of You should focus on the potential October 14, 1997. concern. environmental effects of the proposal, Take notice that the following The EA will discuss impacts that alternatives to the proposal (including hydroelectric application has been filed could occur as a result of the alternative routes), and measures to with the Commission and is available construction and operation of the avoid or lessen environmental impact. for public inspection: proposed project under these general The more specific your comments, the a. Type of filing: Notice of Intent to headings: more useful they will be. Please File An Application for a New License. • geology and soils carefully follow these instructions to ensure that your comments are received b. Project No.: 309. • water resources, fisheries, and c. Date filed: October 3, 1997. wetlands in time and properly recorded: • d. Submitted By: Pennsylvania • vegetation and wildlife Send two copies of your letter to: Lois Cashell, Secretary, Federal Energy Electric Company, current licensee. • endangered and threatened species Regulatory Commission, 888 First e. Name of Project: Piney • land use Street, N.E., Room 1A, Washington, D.C. Hydroelectric Project. • cultural resources f. Location: On the Clarion River, in • 20426; air quality and noise • Label one copy of the comments for the Clarion County, Pennsylvania. • public safety the attention of the Environmental g. Filed Pursuant to: Section 15 of the We will also evaluate possible Review and Compliance Branch, PR– Federal Power Act, 18 CFR 16.6 of the alternatives to the proposed project or 11.1; Commission’s regulations. portions of the project, and make • Reference Docket No. CP97–724– h. Effective date of current license: recommendations on how to lessen or 000; and June 1, 1979. i. Expiration date of current license: avoid impacts on the various resource • Mail your comments so that they October 12, 2002. areas. will be received in Washington, D.C. on j. The project consists of: (1) A 125- Our independent analysis of the or before November 17, 1997. issues will be in the EA. Depending on foot-high, 700-toot-long concrete gravity Becoming an Intervenor the comments received during the arch dam; (2) a 653-acre reservoir; (3) a scoping process, the EA may be In addition to involvement in the EA powerhouse containing three generating published and mailed to Federal, state, scoping process, you may want to units with a total installed capacity of and local agencies, public interest become an official party to the 28,800 kW; (4) a 115-kV and 34.5-kV groups, interested individuals, affected proceeding or become an ‘‘intervenor’’. transmission and distribution facility; landowners, newspapers, libraries, and Among other things, intervenors have and (5) appurtenant facilities. the Commission’s official service list for the right to receive copies of case- k. Pursuant to 18 CFR 16.7, this proceeding. A comment period will related Commission documents and information on the project is available be allotted for review if the EA is filings by other intervenors. Likewise, at: Pennsylvania Electric Company, published. We will consider all each intervenor must provide copies of 1001 Broad Street, Johnstown, PA comments on the EA before we make its filings to all other parties. If you 15907, (814) 533–8111. our recommendations to the want to become an intervenor you must l. FERC contact: Tom Dean (202) 219– Commission. file a Motion to Intervene according to 2778. Rule 214 of the Commission’s Rules of m. Pursuant to 18 CFR 16.9 each Currently Identified Environmental Practice and Procedure (18 CFR application for a new license and any Issues 385.214) (see appendix 2). competing license applications must be We have already identified several The date for filing timely motions to filed with the Commission at least 24 issues that we think deserve attention intervene in this proceeding has passed. months prior to the expiration of the based on a preliminary review of the Therefore, parties now seeking to file existing license. All applications for proposed facilities and the late interventions must show good license for this project must be filed by environmental information provided by cause, as required by Section October 12, 2000. NGT. 385.214(b)(3), why this time limitation Lois D. Cashell, This preliminary list of issues may be should be waived. Environmental issues Secretary. changed based on your comments and have been viewed as good cause for late [FR Doc. 97–27663 Filed 10–17–97; 8:45 am] our analysis. intervention. You do not need BILLING CODE 6717±01±M Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Notices 54453
DEPARTMENT OF ENERGY ENVIRONMENTAL PROTECTION discharge process wastewater from all AGENCY manufacturing processes associated Federal Energy Regulatory with potential water-using industrial Commission [FRL±5910±6] activities. Title: 1997 Iron and Steel Industry Notice of Application Tendered for Agency Announcement of Information Collection Activities: 1997 Iron and Survey (EPA ICR No. 1830.01). Filing With the Commission Abstract: The survey is intended to Steel Industry Survey (EPA ICR No. collect technical (Part A) and economic October 14, 1997. 1830.01) (Part B) information required by EPA in Take notice that the following AGENCY: Environmental Protection order to develop revised effluent hydroelectric application has been filed Agency (EPA). limitations guidelines for the iron and with the Commission and is available steel manufacturing point source ACTION: Notice. for public inspection: category as described above. EPA is a. Type of Application: Minor SUMMARY: In compliance with the required by section 304 (m) of the Clean License. Paperwork Reduction Act (44 U.S.C. Water Act of 1987 (33 U.S.C. 1314 [m]) b. Project No.: P–10768–001. 3501 et seq.), this notice announces that to review effluent limitations guidelines c. Date Filed: August 28, 1997. the United States Environmental and standards periodically to determine d. Applicant: City of Portland, Protection Agency (EPA) is planning to whether the current regulations remain Michigan. submit the following proposed appropriate in light of changes in the e. Name of Project: Municipal Information Collection Request (ICR) to industrial category caused by advances Hydroelectric Facility. the Office of Management and Budget in manufacturing technologies, in- f. Location: On the Grand River in (OMB): 1997 Iron and Steel Industry process pollution prevention, or end-of- Ionia County, Michigan. Survey (EPA ICR No. 1830.01). This pipe wastewater treatment. EPA is also g. Filed Pursuant to: Federal Power industry includes cokemaking, required by the terms of a Consent Act 16 U.S.C. 791 (a)–825(r). sintering, ironmaking, steelmaking, Decree with the Natural Resources h. Applicant Contact: Robert ladle metallurgy, vacuum degassing, Defense Council, Inc. (NRDC), to Masselink, P.E. or Glen Hendrix, Earth casting, hot forming, salt bath descaling, develop revised effluent limitations Tech, Inc., 5555 Glenwood Hills acid pickling, cold forming, alkaline guidelines and standards for the Iron & Parkway, Grand Rapids, MI 49588, (616) cleaning, hot coating, and Steel industry (D.D.C. Civ. No. 89–2980, 942–9600. electroplating. Before submitting an January 31, 1992, as modified). This i. FERC Contact: William Diehl, P.E. Information Collection Request (ICR) to survey is being conducted pursuant to (202) 219–2813. OMB for review and approval, EPA is those legislative and judicial j. Comment Date: 60 days from the soliciting comments from the public on requirements. issuance date of this notice. specific aspects of the proposed This survey instrument will be issued k. Description of Project: The information collection survey under authority of section 308 of the Clean Water Act of 1987 (Federal Water constructed project consists of the instrument as described below. Portland Municipal Dam, a reservoir of Pollution Control Act, 5 U.S.C. 1318), DATES: Comments must be received by and responses from data collection about 625 acre-feet on the Grand River, EPA no later than December 19, 1997. and a forebay and powerhouse complex survey instrument recipients are ADDRESSES: The public may contact Mr. located at the south end of the dam. The mandatory. The survey instruments will George Jett at the EPA for a paper copy powerhouse is equipped with two be mailed to respondents after OMB of the draft survey instrument or may turbine-generator units having a total approves the ICR. The ICR that will be download the draft survey instrument installed capacity of 375 kW. submitted by EPA to OMB will include from the Internet at: http:// 1. With this notice, we are initiating discussion of the comments received in www.epa.gov/ost/Events/ consultation with the MICHIGAN response to today’s announcement. The index.html#ann. Mr. Jett may be reached STATE HISTORIC PRESERVATION proposed survey instrument is a by mail at the U.S. EPA, Engineering OFFICER (SHPO), as required by section necessary part of the data collection and Analysis Division (Mail Code 4303), 106, National Historic Preservation Act, portion of the effluent limitations 401 M Street SW., Washington, DC and the regulations of the Advisory guidelines development process. The 20460; or by telephone at (202) 260– Council on Historic Preservation, 36, proposed survey instrument will 7151 or FAX at 202–260–7185. The draft CFR 800.4. provide EPA with the technical and survey instrument includes all pertinent m. Pursuant to § 4.32(b)(7) of 18 CFR economic data required to evaluate instructions, information request of the Commission’s regulations, if any effective pollution control technologies questions, and definitions. resource agency, Indian Tribe, or person and the economic achievability of any final rule that the Agency issues. EPA believes that an additional scientific SUPPLEMENTARY INFORMATION: will consider both technical study should be conducted in order to Affected Entities: Entities affected by form an adequate factual basis for a performance and economic the proposed survey include facilities achievability when making final complete analysis of the application on that manufacture iron and steel its merit, the resource agency, Indian decisions on 40 CFR part 420. included in the following An agency may not conduct or Tribe, or person must file a request for manufacturing operations: cokemaking, sponsor, and a person is not required to a study with the Commission not later sintering, ironmaking, steelmaking, respond to, a collection of information than 60 days from the issuance date of ladle metallurgy, vacuum degassing, unless it displays a currently valid OMB this notice and serve a copy of the casting, hot forming, salt bath descaling, control number. The OMB control request on the applicant. acid pickling, cold forming, alkaline numbers for EPA’s regulations are listed Lois D. Cashell, cleaning, hot coating, and in 40 CFR part 9 and 48 CFR Chapter Secretary. electroplating. The survey is intended to 15. [FR Doc. 97–27664 Filed 10–17–97; 8:45 am] identify and collect data from iron and The EPA would like to solicit BILLING CODE 6717±01±M steel industrial sites that generate and comments to: 54454 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Notices
(i) Evaluate whether the proposed The proposed survey instrument was screener allows the agency to eliminate collection of information is necessary developed in such a manner as to facilities from consideration which are for the proper performance of the reduce burden and improve clarity. EPA not anticipated to fit under the scope of functions of the agency, including has conducted several outreach the regulation. However, for the iron whether the information will have meetings through project status briefings and steel industry, a number of factors practical utility; with the major industry trade make this additional step unnecessary. (ii) Evaluate the accuracy of the associations. Additionally, the survey These factors include the existence of agency’s estimate of the burden of the instrument was distributed in advance well organized trade associations, proposed collection of information, of this notice to the following industry facility lists from a variety of data including the validity of the trade associations: American Iron and sources, and past agency experience. methodology and assumptions used; Steel Institute, Steel Manufacturers EPA believes that the target population (iii) Enhance the quality, utility, and Association, Specialty Steel Industry of for this regulation (approximately 577 clarity of the information to be North America, the Cold Finished Steel facilities) is small enough that the collected; and Bar Institute, The Wire Association survey instrument can be distributed to (iv) Minimize the burden of the International, Incorporated, the Steel all facilities. (This number may change collection of information on those who Tube Institute of North America, and before the survey is mailed as we refine are to respond, including through the the American Galvanizers Association, our methodology for determining the use of appropriate automated electronic, Incorporated. target population). Therefore there will mechanical, or other technological be no screener questionnaire, and the collection techniques or other forms of Because of the complexity of the industry and the substantial changes in survey instrument will be considered as information technology, e.g., permitting a complete census and not merely a electronic submission of responses. the iron and steel industry since part partial survey of the industry. This will Burden Statement: Burden means the 420 was promulgated (47 FR 23284, allow the Agency to characterize more total time, effort, or financial resources May 27, 1982), EPA has decided to expended by persons to generate, prepare a detailed survey instrument to accurately the industry, and thereby maintain, retain, or disclose or provide characterize accurately current develop a regulation more pertinent to information to or for a Federal agency. conditions in the iron and steel industry the entire industry than if a partial This includes the time needed to review as a basis for establishing equitable survey were used. The Agency solicits instructions; develop, acquire, install, regulations. The September 1995 comment on this decision. and utilize technology and systems for ‘‘Preliminary Study of the Iron and Steel The EPA burden estimate on the purposes of collecting, validating, Category, 40 CFR part 420 Effluent industrial facilities is deemed to be and verifying information, processing Limitations Guidelines and Standards’’ primarily proportional to the types and and maintaining information, and (EPA 821–R–95–037), provides the basis number of manufacturing processes. disclosing and providing information; for reassessing the existing regulations. The EPA burden estimate is presented adjust the existing ways to comply with This document is available through the in Table 1. The EPA burden estimate is any previously applicable instructions National Technical Information Services based on an estimated population of 577 and requirements; train personnel to be under document number PB 96–126– facilities with different configurations of able to respond to a collection of 156. manufacturing processes (from large information; search data sources; EPA typically develops and integrated mills to medium sized mills complete and review the collection of distributes a screener questionnaire in (mini-mills) to small stand alone information; and transmit or otherwise order to better define the target facilities). EPA estimates that the total disclose the information. population for a regulation. The burden will be 98,895 hours.
TABLE 1.ÐBURDEN ESTIMATE FOR 1997 IRON AND STEEL INDUSTRY SURVEY
Large Medium Small
Number of Facilities ...... 22 130 425 Technical Hours/Facility ...... 515 195 105 Economic Hours/Facility ...... 45 40 30
Finally, EPA will maintain a For example, are the directions and the industries, the processes that temporary, toll-free telephone number questions clear and concise; are the generate the pollutants, alternative once the survey instrument has been definitions consistent with industry controls, the economic achievability of mailed that survey recipients may call jargon and use of terms; are the right the proposed regulations, and the to obtain assistance in completing the questions in the survey; if not, please benefits derived from reducing survey instrument. EPA believes that suggest more appropriate ones; do the pollution in our oceans, lakes, rivers, the toll-free telephone number will questions adequately cover all pertinent and streams. Please send any greatly reduce burden by helping factors relevant to developing equitable suggestions to Mr. George Jett at the recipients to answer specific questions guidelines; if not, what needs to be address listed above. within the context of their individual added? EPA is also soliciting comments Tudor T. Davies, operations. on means of reducing the data collection Director, Office of Science and Technology. Request for Comments: Since EPA burden. EPA requests that all [FR Doc. 97–27729 Filed 10–17–97; 8:45 am] must develop a sound technical and suggestions be supported in order to economic basis for equitable national properly evaluate the suggestion. Any BILLING CODE 6560±50±P standards, EPA is soliciting comments burden reduction suggestions must and suggestions regarding the substance consider the need to collect information and form of the draft survey instrument. on the pollutants being discharged by Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Notices 54455
ENVIRONMENTAL PROTECTION ENVIRONMENTAL PROTECTION participate in any hearing that may be AGENCY AGENCY held, should contact Ms. Angela DeVore, Multimedia Enforcement [FRL±5752±3; CWA±97±H±001] [FRL±5910±8] Division (2248–A), Environmental GTE Corporation; Proposed Clean Protection Agency, 401 M St., SW., National Advisory Council for Water Act Class II Administrative Washington, DC 20460; telephone (202) Environmental Policy and Technology: Complaint Assessment 564–2235; fax (202) 564–9001; e-mail: Full Council Meeting [email protected]. AGENCY: Environmental Protection For technical information contact: AGENCY: Environmental Protection Agency (EPA). Gerard C. Kraus, Multimedia Agency (EPA). ACTION: Notice. Enforcement Division, Office of ACTION: Notice of public meeting. Enforcement and Compliance SUMMARY: EPA has filed a civil Assurance, at (202) 564–6047. SUMMARY: Under the Federal Advisory administrative complaint against GTE SUPPLEMENTARY INFORMATION: Committee Act, Pub. L. 92463, EPA Corporation (GTE) for failure to prepare Electronic Availability: Electronic gives notice of a two-day meeting of the Spill Prevention Countermeasure and copies of this document are available National Advisory Council for Control (SPCC) plans for 89 facilities from the EPA Home Page at the Federal Environmental Policy and Technology where it stored diesel oil, 88 with above Register—Environmental Documents (NACEPT). NACEPT provides advice ground and one with below ground entry for this document under ‘‘Laws and recommendations to the tanks, in violation of the Clean Water and Regulations’’ (http://www.epa.gov/ Administrator of EPA on a broad range Act (CWA) and its implementing fedrgstr/). of environmental policy issues. This regulations. EPA under CWA section I. Background meeting is being held to formally 311 has assessed a civil penalty and GTE, One Stamford Forum, Stamford, present reports and recommendations to provided GTE notice of the proposed CT 06904, self-disclosed to EPA that it EPA and to discuss future activities and issuance of an order assessing a penalty had failed to prepare SPCC plans for 89 projects of NACEPT. and an opportunity for a hearing. The facilities where it stored diesel oil, 88 Reports and recommendations will be Administrator, as required by CWA with above ground and one with below presented by the Reinvention Criteria section 311, is providing public notice ground tanks, in violation of the CWA Committee, the Community-Based and reasonable opportunity to interested Environmental Protection Committee, and 40 CFR part 112. The disclosures persons to comment on the proposed were made pursuant to the EPA the Toxic Data Reporting Committee, issuance of the order. and the Effluent Guidelines Committee. ‘‘Incentives for Self-Policing: Discovery, DATES: Comments on this proposed Future activities for these committees Disclosures, Correction and Prevention order are due on or before November 19, of Violations’’ (‘‘the Audit Policy’’) (60 will also be discussed, as well as plans 1997. for the topics to be addressed by the FR 66706, December 22, 1995). EPA ADDRESSES: Environmental Information and Public Mail written comments to filed an administrative civil complaint Access Committee, and the Ms. Angela DeVore, Multimedia against GTE on September 29, 1997 (in Environmental Capital Markets Enforcement Division (2248–A), re: GTE Corporation, CWA–97–H–001). Committee, which are two new Environmental Protection Agency, 401 The administrative penalty proposed in NACEPT Committees. M St., SW., Washington, DC 20460. In the complaint is the statutory person, deliver comments to Ms. Angela maximum, $125,000. EPA intends to DATES: The two-day public meeting will DeVore, Multimedia Enforcement settle this action under the Audit Policy. be held on Wednesday, November 5, Division, Environmental Protection Using the criteria set forth in the policy, 1997, from 9:00 a.m. to 4:30 p.m., and Agency, Rm. 3117, Ariel Rios Bldg., EPA intends to waive any gravity based Thursday, November 6, 1997 from 8:30 1200 Pennsylvania Ave., NW., penalty and collect economic benefit a.m. to 12:00 Noon. On both days, the Washington, DC. enjoyed by the Respondent because of meeting will be held at the Sheraton Comments may also be submitted delayed compliance with the SPCC National Hotel, Columbia Pike and electronically to: regulations. The proposed settlement Washington Boulevard, Arlington, [email protected]. Follow figure for this matter is $16,708. This Virginia. the instructions under Unit II. of this settlement is subject to public notice ADDRESSES: Material may be transmitted document. and comment under CWA section 311 to the Committee through Gordon The public record for the proceeding (33 U.S.C. 1321). Schisler, Deputy Director, Office of is located in the Office of the EPA Under CWA section 311(b)(6) (33 Cooperative Environmental Headquarters Hearing Clerk, Ms. Bessie U.S.C. 1321(b)(6)), any owner, operator, Management (1601–F), 401 M Street, Hammiel, Rm. C–400, 401 M St., SW., or person in charge of a vessel, onshore SW., Washington, DC 20460; telephone Washington, DC, Monday through facility, or offshore facility from which (202) 260–9741. Friday, excluding legal holidays from 8 oil is discharged in violation of CWA FOR FURTHER INFORMATION CONTACT: a.m. to 4:30 p.m.; telephone (202) 260– section 311(b)(3) (33 U.S.C. 1321(b)(3)), Clarence Hardy, Designated Federal 4865. or who fails or refuses to comply with Officer for NACEPT, U.S. FOR FURTHER INFORMATION CONTACT: any regulations that have been issued Environmental Protection Agency, Persons wishing to receive a copy of 40 under CWA section 311(j) (33 U.S.C. (1601–F), Washington, D.C. 20460; CFR Part 22—Consolidated Rules of 1321(j)) may be administratively telephone (202) 260–9741. Practice Governing the Administrative assessed a civil penalty of up to Assessment of Civil Penalties and the $125,000 by EPA. Class II proceedings Dated: October 9, 1997. Revocation or Suspension of Permits, to under CWA section 311(b)(6) are Gordon Schisler, review the complaint or other conducted in accordance with 40 CFR Acting Designated Federal Official. documents filed by the parties in this part 22 rules. [FR Doc. 97–27728 Filed 10–17–97; 8:45 am] proceeding, comment upon the The procedures by which the public BILLING CODE 6560±50±M proposed penalty assessment, or may submit written comments on a 54456 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Notices proposed Class II penalty order or FARM CREDIT ADMINISTRATION SUMMARY: The Commission has released participate in a Class II penalty a public notice (notice) which revises proceeding are set forth in 40 CFR part Sunshine Act Meeting; Farm Credit various procedural requirements and 22. The deadline for submitting public Administration Board policies relating to the Commission’s comment on a proposed Class II order AGENCY: Farm Credit Administration. processing of Bell Operating Company is November 19, 1997. All comments applications to provide in-region, will be transferred to the Environmental SUMMARY: Notice is hereby given, interLATA services pursuant to new Appeals Board of EPA for consideration pursuant to the Government in the section 271 of the Communications Act and/or incorporation into the final Sunshine Act (5 U.S.C. 552b(e)(3)), that of 1934, as amended, 47 U.S.C. 271 order. (Act). These procedures originally were In order to provide opportunity for the October 22, 1997 special meeting of public comment, EPA will not take final the Farm Credit Administration Board set out on a public notice released action in this proceeding prior to the (Board) will not be held. See 62 FR December 6, 1996 (62 FR 68040 close of the public comment period. 49227, September 19, 1997. The FCA (December 26, 1996)). The notice revises Board will hold a meeting at 9:00 a.m. those procedures and policies and II. Public Record and Electronic on Thursday, November 13, 1997. An supersedes the December 6, 1996 public Submissions agenda for this meeting will be notice. The public record for this proceeding published at a later date. FOR FURTHER INFORMATION CONTACT: (including comments submitted FOR FURTHER INFORMATION CONTACT: Florence Grasso, Common Carrier electronically as described below) has Floyd Fithian, Secretary to the Farm been established. A public version of Credit Administration Board, (703) 883– Bureau, Policy and Program Planning this record, including printed, paper 4025, TDD (703) 883–4444. Division, (202) 418–1580. versions of electronic comments is ADDRESSES: Farm Credit SUPPLEMENTARY INFORMATION: located in the Office of the EPA Administration, 1501 Farm Credit Drive, Paperwork Reduction Act Headquarters Hearing Clerk, Ms. Bessie McLean, Virginia 22102–5090. Hammiel, Rm. C–400, 401 M St., SW., OMB Control Number: 3060–0756. Washington, DC, Monday through Dated: October 15, 1997. Friday, excluding legal holidays from 8 Floyd Fithian, Expiration Date: 03/31/98. a.m. to 4:30 p.m.; telephone (202) 260– Secretary, Farm Credit Administration Board. Title: Revised Procedures for Bell 4865. [FR Doc. 97–27811 Filed 10–16–97; 1:27 pm] Operating Company Applications under Comments may be submitted on disk BILLING CODE 6705±01±P New Section 271 of the in WordPerfect 5.1/6.1. Electronic Communications Act. comments on this proposed order may Respondents: Business or other for- be filed online at many Federal FEDERAL COMMUNICATIONS profit; federal government; and state, Depository Libraries. COMMISSION local or tribal government. List of Subjects [FCC 97±330] Public reporting burden for the Environmental protection. collection of information is estimated as Revised Procedures for Bell Operating Dated: October 15, 1997. Company Applications Under New follows: Melissa P. Marshall, Section 271 of the Communications Director, Multimedia Enforcement Division, Act Office of Enforcement and Compliance Assurance. AGENCY: Federal Communications Commission. [FR Doc. 97–27726 Filed 10–17–97; 8:45 am] ACTION: Notice. BILLING CODE 6560±50±F
Number of Total annual Information collection respondents Annual hour burden per re- (approxi- sponse burden mately) (hours)
Submission of applications by the BOCs ...... 7 125 hours per application 7 6,125 (companies) × 7 (esti- mated filings each) × 120 (hours). Submission of written consultations by the State Regulatory Commissions ...... 49 120 hours ...... 5,880 Submission of written consultations by the Department of Justice ...... 1 4,900 49 (states) × 100 4,900 (hours per state). Submission of written comments by interested third parties ...... 75 25 hours ...... 1,875
Total Annual Burden: 18,780. various procedural requirements and Synopsis of Public Notice policies relating to the Commission’s Frequency of Response: One-time, A. Application Filing Requirements unless an application must be processing of Bell Operating Company resubmitted. applications to provide in-region, Under section 271, the Bell Operating Estimated Costs Per Respondent: $0. interLATA services pursuant to new Companies must file applications to Needs and Uses: The Commission section 271 of the Communications Act provide in-region interLATA services on issued a public notice (FCC 97–330) on of 1934, as amended, 47 U.S.C. 271 a state-by-state basis. By ‘‘application,’’ September 19, 1997 which revised (Act). we mean: (1) A stand-alone document Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Notices 54457 entitled Brief in Support of Application materials are not contained on the disk we believe that it is necessary to make by [Bell company name] for Provision of and indicating that such materials are the section 271 review process as In-Region, InterLATA Services in [state on file with the Commission. All filings efficient as possible, consistent with the name]; and (2) any supporting submitted on diskette will be posted on requirements of the statute. We documentation. The content of both the Internet for public inspection at therefore require applicants and parts of the application is addressed http://www.fcc.gov. We also urge the commenting parties to make all later in this public notice. applicant to post its electronic filings on substantive legal and policy arguments Under the revised procedures its own Internet home page and to in a legal brief (i.e., Applicant’s Brief in established in this Public Notice, inform us of such posting in the Brief in Support, comments in opposition or applicants must file at least twelve Support. support, reply comments, ex parte copies of each section 271 application filings). The Commission retains the B. Preliminary Matters with the Commission to be distributed authority to strike, or to decline to as follows: Section 271(d)(3) states that ‘‘[t]he consider, substantive arguments that (1) Applicants must file an original Commission shall not approve the appear only in affidavits or other and six copies of each section 271 authorization requested in an supporting documentation. We note that application with the Office of the application * * * unless it finds’’ three the United States Court of Appeals for Secretary at the Federal specified conditions to be met. As stated the District of Columbia Circuit has Communications Commission. If the in our December 6th public notice, we found that the Commission ‘‘need not applicant wants each Commissioner to expect that a section 271 application, as sift pleadings and documents to receive a copy of the section 271 originally filed, will include all of the identify’’ arguments that are not ‘‘stated application, the applicant should file an factual evidence on which the applicant with clarity.’’ It is the petitioner who original plus eleven copies with the would have the Commission rely in has the ‘‘burden of clarifying its Office of the Secretary. The applicant making its findings thereon. An position’’ before the agency. This duty must also submit the application on a applicant may not, at any time during is even more crucial in the context of computer diskette as described below. the pendency of its application, section 271 proceedings, because of the The original, the six (or, if applicable, supplement its application by limited period in which the agency has eleven) copies, and the 3.5 inch submitting new factual evidence that is to review section 271 applications. We computer diskette described below not directly responsive to arguments recognize, however, that the question of should be sent to the Office of the raised by parties commenting on its whether an applicant has satisfied the Secretary, Federal Communications application. Thus, an applicant may not requirements of section 271 raises Commission, Room 222, 1919 M Street submit factual evidence gathered after numerous complex and fact-intensive N.W., Washington, D.C. 20554. the applicant’s initial filing. The issues, which may necessitate lengthy (2) In addition, applicants must applicant, however, may submit new filings in support of or in opposition to submit five copies of the section 271 factual evidence if the sole purpose of an application. In order to ensure that application to Janice Myles, Policy and that evidence is to rebut arguments applicants and other participants in Program Planning Division, Common made, or facts submitted. But in no section 271 proceedings have the ability Carrier Bureau, Federal event shall such evidence post-date the to present their positions fully, we have Communications Commission, Room filing of the relevant comments. In the increased the page limits for the 544, 1919 M Street, N.W., Washington, event that the applicant submits new or Applicant’s Brief in Support and third D.C. 20554. post-dated evidence in replies or ex party comments and replies, and we Applications will be available for parte filings, we reserve the right to start have eliminated the page limits for public inspection during regular the 90-day review process anew or to applicants’ replies, as noted below. In business hours in the Reference Center accord such evidence no weight in addition, we expect that applicants and of the Federal Communications making our determination. All factual other participants in section 271 Commission, Room 239, 1919 M Street, assertions made by any applicant (or proceedings will continue to use N.W., Washington, D.C. 20554. The any commenter) must be supported by affidavits and other supporting applicant must also submit a copy of the credible evidence, or they may not be documentation to support factual and application simultaneously to: (i) The entitled to any weight. Such factual legal assertions made in their legal Department of Justice c/o Donald J. assertions, as well as expert testimony, briefs, to provide expert testimony in Russell, Telecommunications Task submitted by any party must also be support of the positions articulated in Force, Antitrust Division, Room 8205, supported by an affidavit or verified their briefs, and to clarify detailed 555 Fourth Street, N.W., Washington, statement of a person or persons with factual issues. Because the statute D.C. 20001; (ii) the relevant state personal knowledge thereof. Applicants affords us only 90 days to review the regulatory commission; and (iii) the and participants in section 271 application, we encourage the applicant Commission’s copy contractor, ITS, Inc., proceedings also have an obligation to to meet with likely objectors in order to 1231 20th Street, N.W., Washington, present their position in a clear and attempt to narrow the issues in dispute. D.C. 20036, tel. (202) 857–3800. concise manner. In the section 271 As noted in section C of this Public The 3.5 inch computer diskette proceedings conducted so far, each Notice, we require that an applicant submitted to the Commission should be application—as well as some of the submit, either in the application itself or formatted in WordPerfect 5.1. It should subsequent responsive filings—totalled in a supplemental statement within five contain the Applicant’s Brief in several thousand pages. In addition, days after the application is filed, a Support. If electronically available, the certain parties have included signed statement that describes efforts supporting documentation must be substantive arguments in affidavits or that the applicant has made to narrow included on the computer diskette as other supporting materials, rather than the issues in dispute and the results of well. With respect to supporting in their legal briefs. As a result, in some those efforts. materials that are not provided on cases, we have found it burdensome and diskette, the applicant should include a time-consuming to determine the C. Content of Applications note at the end of the electronic version positions of parties. Because of the Applications shall conform to the of the Brief in Support specifying which shortness of the 90-day review period, Commission’s general rules relating to 54458 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Notices applications. As noted above, subjects covered by each of those for comments will be set forth in the applications shall have two parts: (1) A appendices; initial public notice. We retain Brief in Support of Application by [Bell (h) The name, address, and phone discretion to adjust the due date for company name] for Provision of In- number of the person who will address comments and replies on a case-by-case Region, InterLATA Services in [state inquiries relating to access (subject to basis to ensure that interested third name]; and (2) any supporting the terms of any applicable protective parties have sufficient time to review documentation, such as records of state order) to any confidential information and comment on each application. We proceedings, interconnection submitted by the applicant; strongly discourage, and will take agreements, affidavits, etc. The (i) An Anti-Drug Abuse Act appropriate steps to prevent, an Applicant’s Brief in Support may not certification as required by 47 CFR applicant from attempting to limit the exceed 125 pages. The table of contents, § 1.2002; and time for interested third parties to summary of argument, and list of (j) An affidavit signed by an officer or review an application (e.g., by filing on appendices (items (a), (b), and (i) below) duly authorized employee certifying a Friday or the day before a national shall not be counted in determining the that all information supplied in the holiday). The name of the commenter, length of the Brief in Support. There is application is true and accurate to the the name of the applicant, and the state no page limit on supporting best of his or her information and belief. to which the application relates should documentation, but, as discussed above, The name of the applicant, the date appear in the upper right-hand corner of the applicant may not make substantive the application is filed, and the state to each page. Comments in support or legal or policy arguments in its which it relates should appear in the opposition shall also include a table of supporting documentation. upper right-hand corner of each page of contents, a concise summary of the The Brief in Support should contain the Brief in Support. arguments presented in the comments, the following items: As for the supporting documentation, and a list of all appendices and the (a) A table of contents; we require that it contain, at a location of and subjects covered by each (b) A concise summary of the minimum, the complete public record, of those appendices. None of these substantive arguments presented in the as it exists on the date of filing, of the portions of the comments shall be Brief; relevant state proceedings (if any) counted in determining the length of the (c) A statement identifying all of the examining the applicant’s compliance comments. To file comments or replies agreements that the applicant has with section 271 or portions thereof. In (or any other filing set forth below) in entered into pursuant to negotiations addition, supporting documentation, a section 271 proceeding, commenters and/or arbitrations under section 252, including any records of must follow the applicable procedures including the dates on which the interconnection agreements, affidavits, outlined in section A of this public agreements were approved under etc., shall be provided in appendices, notice. section 252 and the status of any federal separated by tabs and divided into Commenters shall not incorporate by court challenges to the agreements volumes as appropriate. Each volume reference, in their comments or replies, pursuant to section 252(e)(6); shall contain a table of contents that entire documents or significant portions (d) A statement identifying how the lists the subject of each tabbed section of documents that were filed in other applicant meets the requirements of of that volume. proceedings, such as comments filed or section 271(c)(1), including a list of the D. Comments By Interested Third arguments made in a previous section specific agreements on which the Parties 271 proceeding. Although commenters applicant bases its application if it are permitted to note arguments that intends to rely on a subset of the list set After an application has been filed, were presented in earlier filings, they forth in item (c) above; the Common Carrier Bureau will issue must provide a complete recitation in (e) A statement summarizing the a public notice (initial public notice) their current filing of any argument that status and findings of the relevant state establishing the specific due dates for they wish the Commission to consider. proceedings (if any) examining the the various filings set forth below. The There is no page limit on supporting applicant’s compliance with section 271 initial public notice will also establish documentation. As discussed in section or portions thereof; procedures for the treatment of B of this public notice, however, (f) A statement describing the efforts confidential information submitted by commenters must make all substantive the applicant has made to meet with participants (including the applicant, legal and policy arguments in their likely objectors to narrow the issues in the Department of Justice, and the comments, rather than in supporting dispute and the results of those efforts relevant state commission). documentation. In addition, supporting (as indicated above, this statement may Simultaneously with the issuance of the documentation, including any records be filed separately from the application; initial public notice, the Bureau will of interconnection agreements, but not later than five days after the notify the Department of Justice and the affidavits, etc., shall be provided in filing of the application); affected state of our receipt of the appendices, separated by tabs and (g) All legal and factual arguments application. Interested third parties will divided into volumes as appropriate. that the three requirements of section have approximately 20 days from the Each volume shall contain a table of 271(d)(3) have been met, supported as issuance of the initial public notice to contents that lists the subject of each necessary with selected excerpts from file comments in opposition or support, tabbed section of that volume. the supporting documentation (with which may not exceed 100 pages. We If a commenter submits confidential appropriate citations) (Item (g) is are increasing the page limit for initial information to the Commission, it shall obviously the core portion of the Brief comments from 50 pages to 100 pages in include in a cover letter to the in Support, and may be quite lengthy. the expectation that parties will include Commission the name, address, and It may help to divide it, therefore, into all substantive arguments in their legal phone number of the person who will three subsections, one corresponding to brief. We reiterate that the Commission address inquiries regarding access to the each of the three requirements set forth may strike or decline to consider confidential information by other in section 271(d)(3).); substantive arguments made only in participants in the proceeding (subject (i) A list of all appendices (including affidavits or other supporting to the terms of any applicable protective affidavits) and the location of and documentation. The specific due date order). Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Notices 54459
E. State Commission and Department of arguments or include new data that are notice. Because of the expedited nature Justice Written Consultations not directly responsive to arguments of section 271 proceedings, section Many state commissions have already other participants have raised, nor may 1.4(h) of our rules will not apply to commenced proceedings to examine the replies merely repeat arguments motions filed in section 271 Bell Operating Company compliance made by that party in the application or proceedings. Thus, parties will not be with section 271 or portions thereof. In initial comments. An applicant may allowed an extra three days (beyond the light of this fact and in light of the submit new factual evidence in its reply time permitted in section 1.45) to if the sole purpose of that evidence is to respond to non-dispositive motions and shortness of the 90-day period for rebut arguments made, or facts oppositions thereto, regardless of deciding a section 271 application, we submitted, by commenters, provided the whether the filing was served on the require that the relevant state evidence covers only the period placed party by mail. In lieu of that rule, commission file any written in dispute by commenters and in no however, a party submitting a non- consultation not later than event post-dates the filing of the dispositive motion must, on the day of approximately 20 days after the relevant comments. In addition, as filing, serve that motion either by hand issuance of the intial public notice. The discussed in section D of this public or by facsimile on any party whose specific due date for the state’s written notice, participants are not permitted, in filing is the subject of the motion. In consultation will be set forth in the their replies, to incorporate by reference addition, parties must submit non- intial public notice. The relevant state entire documents or significant portions dispositive motions and oppositions to commission shall also follow the of documents that were filed in other such motions to the Commission on a applicable procedures outlined in proceedings. 3.5 inch computer diskette formatted in section A of this public notice. There is no page limit on supporting WordPerfect 5.1 (as well as in hard copy Any written consultation by the documentation. As discussed in section form). All filings submitted on diskette Department of Justice (which, by the B of this public notice, however, will be posted on the internet for public Act’s express terms, must become part participants submitting replies must inspection at http://www.fcc.gov. Such of the record) must be filed not later make all substantive legal and policy motions, oppositions, and replies will than approximately 35 days after the arguments in their replies, rather than in not be counted toward the submitting issuance of the intial public notice. The affidavits or other supporting party’s page limit. specific due date for the Department’s documentation. In addition, supporting written consultation will be set forth in documentation, including any records H. Ex Parte Rules—Permit-But-Disclose the intial public notice. The Department of interconnection agreements, Proceeding of Justice shall also follow the affidavits, etc., shall be provided in Because of the broad policy issues applicable procedures outlined in appendices, separated by tabs and involved, section 271 application section A of this public notice. divided into volumes as appropriate. proceedings initially will be considered The state commission and the Each volume shall contain a table of permit-but-disclose proceedings. Department of Justice are also welcome contents that lists the subject of each Accordingly, ex parte presentations will to file a reply pursuant to section F of tabbed section of that volume. be permitted, provided they are this public notice, as well as written ex disclosed in conformance with parte submissions in accordance with G. Motions Commission ex parte rules. Because of section H of this public notice. Because of the shortness of the 90-day the statutory timeframe, however, we period to review section 271 F. Replies strongly encourage parties to set forth applications, a dispositive motion filed their views comprehensively in the All participants in the proceeding— with the Commission in a section 271 formal filings specified above (e.g., the the applicant, interested third parties, proceeding (e.g., motion to dismiss) will Brief in Support, oppositions, the relevant state commission, and the be treated as an early-filed pleading and supporting comments, etc.) and not to Department of Justice—may file a reply will not be subject to a separate rely on subsequent ex parte to any comment made by any other pleading cycle, unless the Commission presentations. In any event, parties may participant. Such replies will be due or Bureau determines otherwise in a not file more than a total of 20 pages of approximately 45 days after the intial public notice issued after the motion is written ex parte submissions. This 20- public notice is issued. The specific due filed. We generally expect, however, page limit does not include: (1) Written date for replies will be set forth in the that such a separate pleading cycle will ex parte submissions made solely to intial public notice. All replies except not be necessary. Thus, in general, disclose an oral ex parte contact; (2) that of the applicant are limited to 50 dispositive motions filed before the due written material submitted at the time of pages. There is no page limit for the date for third party comments will be an oral presentation to Commission staff applicant’s reply. treated as early-filed comments; that provides a brief outline of the The name of the submitter, the name dispositive motions filed after the due presentation; (3) written material filed of the applicant (if different), and the date for third party comments but before in response to direct requests from state to which the application relates the due date for replies will be treated Commission staff; or (4) written factual should appear in the upper right-hand as early-filed replies; and dispositive exhibits. The Commission retains the corner of each page. Replies shall also motions filed after the due date for right not to consider as part of the include a table of contents, a concise replies will be treated as ex parte record ex parte submissions in excess of summary of the arguments presented in submissions. Such motions will be the 20-page limit. the comments, and a list of all counted toward the applicable page For purposes of these proceedings, appendices and the location of and limit for the submitting party, as and in light of the explicit role the Act subjects covered by each of those established in this public notice. gives to the Department of Justice and appendices. None of these portions of a Non-dispositive motions (e.g., the state commissions under section reply shall be counted in determining motions to strike) will be subject to the 271, any oral ex parte presentations the length of the reply. default pleading cycle in section 1.45 of from the Department of Justice and the The applicant’s and third parties’ our rules, unless the Commission or relevant state commission will be reply comments may not raise new Bureau determines otherwise in a public deemed to be exempt ex parte 54460 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Notices presentations. To the extent that we (3060–0756). We will also accept your Board of Governors of the Federal Reserve obtain through such oral ex parte comments via the Internet if you send System, October 14, 1997. presentations new factual information them to [email protected]. Please do not Jennifer J. Johnson, on which we subsequently rely in our send completed application forms to Deputy Secretary of the Board. decision-making process, we will either this address. [FR Doc. 97–27637 Filed 10–17–97; 8:45 am] request the Department of Justice or the Remember—You are not required to BILLING CODE 6210±01±F relevant state commission to disclose or respond to a collection of information disclose ourselves such new factual sponsored by the Federal government, information in the record no later than and the government may not conduct or FEDERAL RESERVE SYSTEM the time we release our decision. There sponsor this collection, unless it Formations of, Acquisitions by, and are no page limits on written ex parte displays a currently valid OMB control Mergers of Bank Holding Companies submissions by the Department of number or if we fail to provide you with Justice or the relevant state commission. this notice. This collection has been Notwithstanding the above, the The companies listed in this notice assigned an OMB control number of Commission may, by subsequent public have applied to the Board for approval, 3060–0756. notice, prohibit all communication with pursuant to the Bank Holding Company Commission personnel regarding the This notice is required by the Privacy Act of 1956 (12 U.S.C. 1841 et seq.) application during a seven-day period Act of 1974, Public Law 93–579, (BHC Act), Regulation Y (12 CFR Part preceding the anticipated release date of December 31, 1974, 5 U.S.C. Section 225), and all other applicable statutes the Commission’s order regarding the 552a(e)(3) and the Paperwork Reduction and regulations to become a bank application. Act of 1995, Public Law 104–13, holding company and/or to acquire the October 1, 1995, 44 U.S.C. 3507. assets or the ownership of, control of, or I. FCC Notice to Individuals Required by the power to vote shares of a bank or the Privacy Act and the Paperwork Federal Communications Commission. bank holding company and all of the Reduction Act William F. Caton, banks and nonbanking companies Pursuant to Section 271 of the Acting Secretary. owned by the bank holding company, Communications Act of 1934, as [FR Doc. 97–27698 Filed 10–17–97; 8:45 am] including the companies listed below. amended, the Bell Operating Companies BILLING CODE 6712±01±P The applications listed below, as well must file applications to provide in- as other related filings required by the region interLATA services on a state-by- Board, are available for immediate state basis. State regulatory inspection at the Federal Reserve Bank commissions must file written FEDERAL RESERVE SYSTEM indicated. The application also will be consultations relating to the available for inspection at the offices of applications not later than Change in Bank Control Notices; the Board of Governors. Interested approximately 20 days after the Acquisitions of Shares of Banks or persons may express their views in issuance of an Initial Public Notice Bank Holding Companies writing on the standards enumerated in establishing specific due dates for the BHC Act (12 U.S.C. 1842(c)). If the various filings. Interested third parties The notificants listed below have proposal also involves the acquisition of may file comments on the applications applied under the Change in Bank a nonbanking company, the review also not later than approximately 20 days Control Act (12 U.S.C. 1817(j)) and § includes whether the acquisition of the after the issuance of the Initial Public 225.41 of the Board’s Regulation Y (12 nonbanking company complies with the Notice. The Department of Justice must CFR 225.41) to acquire a bank or bank standards in section 4 of the BHC Act. file written consultations relating to the holding company. The factors that are Unless otherwise noted, nonbanking applications not later than considered in acting on the notices are activities will be conducted throughout approximately 35 days after the set forth in paragraph 7 of the Act (12 the United States. issuance of the Initial Public Notice. All U.S.C. 1817(j)(7)). Unless otherwise noted, comments of the information would be used to The notices are available for regarding each of these applications ensure that the Bell Operating immediate inspection at the Federal must be received at the Reserve Bank Companies have complied with their Reserve Bank indicated. The notices indicated or the offices of the Board of obligations under the Communications also will be available for inspection at Governors not later than November 13, Act of 1934, as amended, before being the offices of the Board of Governors. 1997. authorized to provide in-region, Interested persons may express their A. Federal Reserve Bank of interLATA services pursuant to section views in writing to the Reserve Bank Richmond (A. Linwood Gill III, 271. Obligation to respond is not indicated for that notice or to the offices Assistant Vice President) 701 East Byrd mandatory. of the Board of Governors. Comments Street, Richmond, Virginia 23261-4528: We have estimated that each response must be received not later than 1. NationsBank Corporation, and NB to this collection of information will November 3, 1997. Holdings Corporation, both of Charlotte, take, on average, 250 hours. Our North Carolina; to merge with Barnett estimate includes the time to read the A. Federal Reserve Bank of Atlanta Banks, Inc., Jacksonville, Florida, and instructions, look through existing (Lois Berthaume, Vice President) 104 thereby indirectly acquire Barnett Bank, records, gather and maintain required Marietta Street, N.W., Atlanta, Georgia National Association, Jacksonville, data, and actually complete and review 30303-2713: Florida, and Community Bank of the the form or response. If you have any 1. Broun Family Partnership LLP and Islands, Sanibel, Florida. comments on this estimate, or on how Conway C. Broun, Managing Partner, In connection with this application, we can improve the collection and Athens, Georgia; to retain voting shares Applicants also have applied to acquire reduce the burden it causes you, please of Georgia National Bancorp, Inc., First of America Bank - Florida, FSB, write the Federal Communications Athens, Georgia, and thereby indirectly Tampa, Florida, and thereby engage in Commission, AMD–PERM, Washington, retain shares of The Georgia National traditional thrift activities, pursuant to § DC 20554, Paperwork Reduction Project Bank, Athens, Georgia. 225.28(b)(4) of the Board’s Regulation Y; Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Notices 54461
Barnett Community Development Workplace,’’ (62 FR 43451, August 13, smoke. Authority to establish such Corporation, Jacksonville, Florida, and 1997), to establish a smoke-free exceptions may not be delegated. thereby engage in investing in environment for Federal employees and d. The heads of Federal agencies must corporations or projects designed members of the public visiting or using evaluate the need to restrict smoking at primarily to promote community Federal facilities. The General Services doorways and in courtyards under welfare, pursuant to § 225.28(b)(12) of Administration (GSA) is providing executive branch control in order to the Board’s Regulation Y; EquiCredit governmentwide policy guidance protect workers and visitors from Corporation, Jacksonville, Florida, and concerning the requirements of this environmental tobacco smoke, and may its direct and indirect subsidiaries, and Executive Order so that federal agencies restrict smoking in these areas in light thereby engage in the activities of may benefit from GSA’s real property of this evaluation. originating home equity and purchase management expertise. e. The heads of Federal agencies are money loans, acquiring such loans b. The policy previous to Executive encouraged to use existing authority to originated from third parties, and Order 13058, enunciated in FPMR establish programs designed to help securitizing such loans in the secondary § 101–20.105–3, declared all GSA- employees stop smoking. controlled space non-smoking except market, pursuant to § 225.28(b)(1) of the f. The heads of Federal agencies must where designated smoking areas are Board’s Regulation Y, and in acting as implement and ensure compliance with principal, agent, or broker for credit identified by agency heads. This Executive Order prohibits, with some the policy set forth in this Executive related insurance, pursuant to § Order no later than August 9, 1998. 225.28(b)(11) of the Board’s Regulation exceptions, the smoking of tobacco products in all interior space owned, Prior to this date, the heads of Federal Y; Equity/Protect Reinsurance agencies must inform all employees and Company, Jacksonville, Florida, and rented or leased by the executive branch of the Federal Government. GSA will visitors to executive branch facilities thereby engage in the activities of about the requirements of this order, reinsuring credit related insurance amend FPMR § 101–20.105–3 in the near future to reflect the new policy in inform their employees of the health policies sold to EquiCredit Corporation risks of exposure to environmental customers, pursuant to § 225.28(b)(11) this Executive Order. c. Unlike the previous policy, this tobacco smoke, and undertake related of the Board’s Regulation Y; and Honor activities as necessary. Technologies, Inc., Maitland, Florida, Executive Order requires that and thereby engage in operating an designated smoking areas be enclosed Dated: October 9, 1997. electronic funds transfer network and in and exhausted directly to the outside G. Martin Wagner, data processing and management and away from air intake ducts, and Associate Administrator, Office of consulting activities, pursuant to §§ maintained under negative pressure Governmentwide Policy. 225.28(b)(9) and (b)(14), respectively of sufficient to contain tobacco smoke [FR Doc. 97–27703 Filed 10–17–97; 8:45 am] within the designated area. Agency the Board’s Regulation Y. BILLING CODE 6820±23±P officials must not require workers to Board of Governors of the Federal Reserve enter such areas during business hours System, October 14, 1997. while smoking is ongoing. GENERAL SERVICES Jennifer J. Johnson, ADMINISTRATION Deputy Secretary of the Board. Action [FR Doc. 97–27636 Filed 10–17–97; 8:45 am] a. In accordance with Executive Order Office of Transportation Audits; BILLING CODE 6210±01±F 13058, Federal agencies must prohibit Stocking Change of a Standard Form the smoking of tobacco products in all interior space owned, rented, or leased AGENCY: General Services GENERAL SERVICES by the executive branch of the Federal Administration. ADMINISTRATION Government, and in any outdoor areas ACTION: Notice. under executive branch control in front [GSA Bulletin FPMR D±245] of air intake ducts. SUMMARY: The General Services b. The only exceptions are designated Administration/Office of Transportation Public Buildings and Space smoking areas; residential is changing the stocking of the following TO: Heads of Federal Agencies. accommodations for persons voluntarily Standard form because of low use SUBJECT: Protecting Federal Employees or involuntarily residing, on a demand: and the Public From Exposure to temporary or long-term basis, in a SF 362, U.S. Government Freight Loss/ Tobacco Smoke in the Federal building owned, leased, or rented by the Damage Claim Workplace. Federal Government; portions of Since this form is not authorized for 1. PURPOSE. This bulletin announces federally-owned buildings leased, local reproduction, you can obtain the the policy concerning the protection of rented, or otherwise provided (in their updated camera copy in three ways: Federal employees and the public from entirety) to nonfederal parties; and exposure to tobacco smoke in the places of employment in the private From the ‘‘U.S. Government Federal workplace. sector or in other nonfederal Management Policy CD–ROM’’; 2. EXPIRATION DATE. This bulletin governmental units that serve as the On the internet. Address: http:// contains information of a continuing permanent or intermittent duty station www.gsa.gov/forms; or nature and will remain in effect until of one or more federal employees. From CARM, Attn.: Barbara Williams, canceled. c. The heads of Federal agencies may (202) 501–0581. establish limited and narrow exceptions Background that are necessary to accomplish agency FOR FURTHER INFORMATION CONTACT: a. On August 9, 1997, President missions. Such exception must be in Transportation Audit Division, (202) Clinton signed Executive Order 13058, writing, approved by the agency head, 219–1494. This contact is for entitled ‘‘Protecting Federal Employees and to the fullest extent possible information on completing the form and and the Public From Exposure to provide protection of nonsmokers from interpreting the FPMR only. Tobacco Smoke in the Federal exposure to environmental tobacco DATES: Effective October 20, 1997. 54462 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Notices
Dated: October 1, 1997. finding, under section 306(a)(2)(B) of Dated: October 1, 1997. Barbara M. Williams, the act (21 U.S.C. 335a(a)(2)(B)), that Mr. Janet Woodcock, Deputy Standard and Optional Forms Rana was convicted of a felony under Director, Center for Drug Evaluation and Management Officer. Federal law for conduct relating to the Research. [FR Doc. 97–27648 Filed 10–17–97; 8:45 am] regulation of a drug product. Mr. Rana [FR Doc. 97–27693 Filed 10–17–97; 8:45 am] BILLING CODE 6820±34±M was provided 30 days to file objections BILLING CODE 4160±01±F and request a hearing. Mr. Rana did not request a hearing. His failure to request DEPARTMENT OF HEALTH AND a hearing constitutes a waiver of his DEPARTMENT OF HEALTH AND HUMAN SERVICES opportunity for a hearing and a waiver HUMAN SERVICES of any contentions concerning his Food and Drug Administration Food and Drug Administration debarment. [Docket No. 94N±0227] II. Findings and Order Advisory Committee Meeting; Amendment of Notice Nandlal G. Rana; Debarment Order Therefore, the Director, Center for AGENCY: Food and Drug Administration, AGENCY: Drug Evaluation and Research, under Food and Drug Administration, HHS. HHS. section 306(a)(2)(B) of the act, and ACTION: ACTION: Notice. under authority delegated to her (21 Notice. CFR 5.99), finds that Mr. Nandlal G. SUMMARY: The Food and Drug Rana has been convicted of a felony SUMMARY: The Food and Drug Administration (FDA) is issuing an under Federal law for conduct relating Administration (FDA) is announcing an order under the Federal Food, Drug, and to the regulation of a drug product. amendment to the notice of meeting of Cosmetic Act (the act) permanently the Cardiovascular and Renal Drugs As a result of the foregoing finding, debarring Mr. Nandlal G. Rana, 184 Advisory Committee. This meeting was Mr. Nandlal G. Rana is permanently Parsonage Rd., Edison, NJ 08817, from announced in the Federal Register of providing services in any capacity to a debarred from providing services in any September 18, 1997. The amendment is person that has an approved or pending capacity to a person with an approved being made to: Remove the second drug product application. FDA bases or pending drug product application agenda item scheduled on October 23, this order on a finding that Mr. Rana under section 505, 507, 512, or 802 of 1997; add a closed session to the agenda was convicted of a felony under Federal the act (21 U.S.C. 355, 357, 360b, or scheduled on October 23, 1997; and law for conduct relating to the 382), or under section 351 of the Public provide a new location site for this regulation of a drug product under the Health Service Act (42 U.S.C. 262), closed session. There are no other act. Mr. Rana failed to request a hearing effective October 20, 1997 (sections changes. This amendment will be and, therefore, has waived his 306(c)(1)(B) and (c)(2)(A)(ii) and 201(dd) announced at the beginning of the open opportunity for a hearing concerning of the act (21 U.S.C. 321(dd))). Any portion of the meeting. this action. person with an approved or pending FOR FURTHER INFORMATION CONTACT: Joan EFFECTIVE DATE: October 20, 1997. drug product application who C. Standaert, Center for Drug Evaluation ADDRESSES: Application for termination knowingly uses the services of Mr. and Research (HFD–110), 419–259– of debarment to the Dockets Rana, in any capacity, during his period 6211, or Danyiel D’Antonio (HFD–21), Management Branch (HFA–305), Food of debarment, will be subject to civil 301–443–5455, Food and Drug and Drug Administration, 12420 money penalties (section 307(a)(6) of the Administration, 5600 Fishers Lane, Parklawn Dr., rm. 1–23, Rockville, MD act (21 U.S.C. 335b(a)(6))). If Mr. Rana, Rockville, MD 20857, or FDA Advisory 20857. during his period of debarment, Committee Information Line, 1–800– FOR FURTHER INFORMATION CONTACT: provides services in any capacity to a 741–8138 (301–443–0572 in the Christine F. Rogers, Center for Drug person with an approved or pending Washington, DC area), code 12533. Evaluation and Research (HFD–7), Food drug product application, he will be Please call the Information Line for up- and Drug Administration, 5600 Fishers subject to civil money penalties (section to-date information on this meeting. Lane, Rockville, MD 20857, 301–594– 307(a)(7) of the act). In addition, FDA SUPPLEMENTARY INFORMATION: In the 2041. will not accept or review any Federal Register of September 18, 1997 SUPPLEMENTARY INFORMATION: abbreviated new drug applications (62 FR 49015), FDA announced that a submitted by or with the assistance of meeting of the Cardiovascular and Renal I. Background Mr. Rana during his period of Drugs Advisory Committee would be On October 5, 1993, the United States debarment. held on October 23 and 24, 1997. This District Court for the District of amendment is to provide an update to Maryland entered judgment against Mr. Any application by Mr. Rana for the information provided earlier Nandlal G. Rana for one count of termination of debarment under section pertaining to the October 23, 1997, obstructing an agency proceeding, a 306(d)(4) of the act should be identified meeting day. There are no changes for Federal felony under 18 U.S.C. 1505. with Docket No. 94N–0227 and sent to the October 24, 1997, meeting day. On As a result of this conviction, FDA the Dockets Management Branch page 49015, beginning in column 3, served Mr. Rana by certified mail on (address above). All such submissions portions of the notice pertaining to the February 17, 1995, a notice proposing to are to be filed in four copies. The public October 23, 1997, meeting day are permanently debar him from providing availability of information in these amended to read as follows: services in any capacity to a person that submissions is governed by 21 CFR Location: October 23, 1997, 8:30 a.m. has an approved or pending drug 10.20(j). Publicly available submissions to 2 p.m., National Institutes of Health, product application, and offered him an may be seen in the Dockets Management Clinical Center, Bldg. 10, Jack Masur opportunity for a hearing on the Branch between 9 a.m. and 4 p.m., Auditorium, 9000 Rockville Pike, proposal. The proposal was based on a Monday through Friday. Bethesda, MD. Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Notices 54463
October 23, 1997, 2 p.m. to 5:30 p.m., was previously published in the Federal Written comments and/or suggestions Hyatt Regency Bethesda, Susquehanna/ Register on Thursday, March 27, 1997, regarding the items contained in this Severn Room, One Bethesda Metro 14687–14688 and allowed 60 days for notice, especially regarding the Center, Bethesda, MD. public comment. No public comments estimated public burden and associated Agenda: On October 23, 1997, the were received. The purpose of this response time, should be directed to the committee will discuss basic statistical notice is to allow an additional 30 days Office of Management and Budget, considerations for the evaluation of for public comment. The National Office of Regulatory Affairs, New active control clinical trials. Institutes of Health may not conduct or Executive Office Building, Room 10235, Procedure: On October 23, 1997, from sponsor, and the respondent is not Washington, D.C. 20503, Attention: 8:30 a.m. to 2 p.m., the meeting is open required to respond to, an information Desk Officer for NIH. To request more to the public. Interested persons may collection that has been extended, information on the proposed project or present data, information, or views, revised, or implemented on or after to obtain a copy of the data collection orally or in writing, on issues pending October 1, 1995, unless it displays a plans and instruments, contact: Mary D. before the committee. Written currently valid OMB control number (5 Overpeck, DrPH, Epidemiology Branch, submissions may be made to the contact CFR 1320.5). Division of Epidemiology, Statistics and person by October 16, 1997. Oral Proposed collection Title Prevention Research, Building 6100, presentations from the public will be Room 7B03, 9000 Rockville Pike MSC scheduled between approximately 8:30 Title: 1997/98 World Health 7510, Bethesda, MD 20892–7510, or call a.m. and 9:30 a.m. on October 23, 1997. Organization Health Behavior in School non-toll-free number (301) 496–1711. Time allotted for each presentation may Children. Type of Information be limited. Those desiring to make Collection Request: New. Need and Use Comments Due Date formal oral presentations should notify of Information Collection: The purpose Comments regarding this information the contact person before October 16, of this study is to analyze differences in collection are best assured of having 1997, and submit a brief statement of risk factors and determinants of injuries their full effect if received within 30 the general nature of the evidence or and other health related behavior for the days of the date of this publication. early- to mid-adolescent age group arguments they wish to present, the Dated: September 19, 1997. names and addresses of proposed across the majority of developed countries. A representative U.S. school- Benjamin E. Fulton, participants, and an indication of the Executive Officer, NICHD. approximate time requested to make based sample of adolescents is needed [FR Doc. 97–27671 Filed 10–17–97; 8:45 am] their presentation. to participate in the international study. Closed Committee Deliberations: On Data will be used to improve the quality BILLING CODE 4140±01±M October 23, 1997, from 2 p.m. to 5:30 of health promotion programs for youth. p.m., the meeting will be closed to Frequency of Response: This is a one DEPARTMENT OF HEALTH AND permit discussion and review of trade time study. Affected Public: Individuals HUMAN SERVICES secret and/or confidential information or households. Type of Respondents: U.S. youth in grades 6 through 10. The (5 U.S.C. 552b(c)(4)). The committee Public Health Service will discuss pending investigational annual reporting burden is as follows: new drug applications. Estimated Number of Respondents: National Institutes of Health; Notice of Notice of this meeting is given under 19,315; Estimated Number of Responses Meeting of the NIH Director's Advisory the Federal Advisory Committee Act (5 per Respondent: 1; Average Burden Panel on Clinical Research U.S.C. app. 2). Hours Per Response: 0.71; and Estimated Total Annual Burden Hours Notice is hereby given that the NIH Dated: October 10, 1997. Requested: 13,759. There are no Capital Director’s Advisory Panel on Clinical Michael A. Friedman, Costs, Operating Costs, and/or Research, a group reporting to the Deputy Commissioner for Operations. Maintenance Costs to report. Advisory Committee to the Director [FR Doc. 97–27695 Filed 10–15–97; 11:17 (ACD), National Institutes of Health Request for Comments am] (NIH), will meet in public session at the BILLING CODE 4160±01±F Written comments and/or suggestions William H. Natcher Building (Building from the public and affected agencies 45) Conference Center, Conference are invited on one or more of the Room D, National Institutes of Health, DEPARTMENT OF HEALTH AND following points: (1) Whether the Bethesda, Maryland 20892, on HUMAN SERVICES proposed collection of information is November 7, 1997 from 9:00 a.m. until necessary for the proper performance of approximately 3:00 p.m. National Institutes of Health the function of the agency, including The goal of the Panel is to review the Submission for OMB Review; whether the information will have status of clinical research in the United Comment Request; 1997/98 World practical utility; (2) The accuracy of the States, and to make recommendations to Health Organization Study of Health agency’s estimate of the burden of the the ACD about how to ensure its Behavior in School Children proposed collection of information, effective continuance. At this meeting including the validity of the items of special concern to the Panel SUMMARY: Under the provisions of methodology and assumptions used; (3) will be discussed preparatory to Section 3506(c)(2)(A) of the Paperwork Ways to enhance the quality, utility, and submission of the Panel’s final Reduction Act of 1995, the National clarity of the information to be recommendations by the Panel Chair to Institute of Child Health and Human collected; and (4) Ways to minimize the the ACD in December, 1997. Development (NICHD), the National burden of the collection of information Individuals who plan to attend and Institutes of Health (NIH) has submitted on those who are to respond, including need special assistance, such as sign to the Office of Management and Budget the use of appropriate automated, language interpretation or other special (OMB) a request to review and approve electronic, mechanical, or other accommodations, should contact the the information collection listed below. technological collection techniques or person named below in advance of the This proposed information collection other forms of information technology. meeting. 54464 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Notices
Attendance may be limited to seat received within thirty (30) days from the whether the proposal is new, an availability. If you plan to attend the date of this Notice. Comments should extension, reinstatement, or revision of meeting as an observer or make a refer to the proposal by name and/or an information collection requirement; statement or if you wish additional OMB approval number and should be and (10) the names and telephone information, please contact Mrs. Janet sent to: Joseph F. Lackey, Jr., OMB Desk numbers of an agency official familiar Smith, National Institutes of Health, Officer, Office of Management and with the proposal and of the OMB Desk Building 10, Room 1C–116, 10 Center Budget, Room 10235, New Executive Officer for the Department. Drive, MSC 1154, Bethesda, Maryland Office Building, Washington, DC 20503. Authority: Section 3507 of the Paperwork 20892–1154, telephone (301) 402–3444, FOR FURTHER INFORMATION CONTACT: Reduction Act of 1995, 44 U.S.C. 35, as fax (301) 402–3443, by October 31, Kay F. Weaver, Reports Management amended. 1997. Officer, Department of Housing and Dated: October 10, 1997. Dated: October 7, 1997. Urban Development, 551 7th Street, David S. Cristy, Ruth L. Kirschstein, Southwest, Washington, DC 24010, Director, Information Resources Management Deputy Director, NIH. telephone (202) 708–2374. This is not a Policy and Management Division. toll-free number. Copies of the proposed [FR Doc. 97–27670 Filed 10–17–97; 8:45 am] Notice of Submission of Proposed forms and other available documents BILLING CODE 4140±01±M Information Collection to OMB submitted to OMB may be obtained from Ms. Weaver. Title of Proposal: Current Population Survey: Effects of Disclosure on Public DEPARTMENT OF HOUSING AND SUPPLEMENTARY INFORMATION: The Awareness of Lead Pain Hazard. URBAN DEVELOPMENT Department has submitted the proposal for the collection of information, as Office: Lead Hazard Control. [Docket No. FR±4263±N±43] described below, to OMB for review, as OMB Approval Number: 2539–0006. required by the Paperwork Reduction Description of the Need for the Submission for OMB Review: Act (44 U.S.C. Chapter 35). Information and its Proposed Use: Comment Request The Notice lists the following Section 1061 of the Housing and AGENCY: Office of Administration, HUD. information: (1) The title of the Community Development Act of 1992 ACTION: Notice. information collection proposal; (2) the requires HUD and the Census Bureau to office of the agency to collect the conduct a survey on the effects of SUMMARY: The proposed information information; (3) the OMB approval disclosure of lead paint hazards to collection requirement described below number, if applicable; (4) the buyers and prospective tenants. This has been submitted to the Office of description of the need for the information collection is needed to Management and Budget (OMB) for information and its proposed use; (5) assess public awareness on lead paint review, as required by the Paperwork the agency form number, if applicable; hazards. HUD will use this information Reduction Act. The Department is (6) what members of the public will be to report to Congress on lead paint soliciting public comments on the affected by the proposal; (7) how hazard reduction activity. subject proposal. frequently information submissions will Form Number: None. DATES: Comments due date: November be required; (8) an estimate of the total Respondents: Individuals or 19, 1997. number of hours needed to prepare the households. ADDRESSES: Interested persons are information submission including Frequency of Submission: On invited to submit comments regarding number of respondents, frequency of occasion. this proposal. Comments must be response, and hours of response; (9) Reporting Burden:
Number of re- × Frequency of × Hours per re- spondents response sponse = Burden hours
Survey ...... 48,000 1 .138 6,640
Total Estimated Burden Hours: 6,640. ACTION: Redelegation of authority. FOR FURTHER INFORMATION CONTACT: Status: Extension, with changes. Charles E. Patterson, Chief, Program Contact: Barbara A. Haley, HUD, (202) SUMMARY: In this notice, all power and Analysis Branch, Management Services 708–1785 x126; Joseph F. Lackey, Jr., authority over Single Family Housing Division, Department of Housing and OMB, (202) 395–7316. program functions presently redelegated Urban Development, 451 Seventh Street, Dated: October 10, 1997. to field Housing Directors; to field S.W., Room 9116, Washington, D.C. [FR Doc. 97–27680 Filed 10–17–97; 8:45 am] Single Family Housing Division 20410–0400, Telephone No. (202) 708– BILLING CODE 4120±01±M Directors; and to the Single Family 0826. Persons with hearing or speech Housing Specialist in Dallas, TX is impairments may also utilize HUD’s additionally redelegated from the TTY No. (202) 708–1455, or the Federal DEPARTMENT OF HOUSING AND Assistant Secretary for Housing— Information Relay Service’s TTY No. at URBAN DEVELOPMENT Federal Housing Commissioner, through (800) 877–8339. With the exception of the Deputy Assistant Secretary for the ‘‘800’’ number, the telephone and [Docket No. FR±4294±D±01] Single Family Housing, to the Single TTY numbers listed are not toll-free. Family Homeownership Center SUPPLEMENTARY INFORMATION: In order to Redelegation of Authority Directors in the Philadelphia, PA; assist in meeting the Department’s goal Atlanta, GA; Denver, CO; and Santa AGENCY: Office of the Assistant of increasing single family Ana, CA offices, as specified herein. Secretary for Housing—Federal Housing homeownership, as part of the HUD Commissioner, HUD. EFFECTIVE DATE: October 10, 1997. 2020 Management Reform Plan, the Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Notices 54465
Secretary has authorized the 1994, as amended by the following: 60 appeal in accordance with the establishment of four Single Family FR 29862, published on June 6, 1995; 61 requirements of 43 CFR part 4, subpart Homeownership Centers, located in FR 33130, published on June 26, 1996; E, shall be deemed to have waived their Philadelphia, PA; Atlanta, GA; Denver, 62 FR 23477, published on April 30, rights. CO; and Santa Ana, CA. The Single 1997; and 62 FR 44132, published on Chris Sitbon, Family Homeownership Centers will August 19, 1997. Land Law Examiner, ANCSA Team, Branch enable the Department to more of 962 Adjudication. expeditiously provide increasingly Section B. Authority to Further Redelegate [FR Doc. 97–27685 Filed 10–17–97; 8:45 am] efficient services with respect to Single BILLING CODE 4310±JA±P Family Housing programs to HUD The authority redelegated may be clients, lenders and borrowers. This further redelegated in writing to redelegation of authority will provide appropriate Single Family DEPARTMENT OF THE INTERIOR the Single Family Homeownership Homeownership Center staff. Bureau of Land Management Center Directors with the authority Authority: Section 7(d), Department of required to implement their charge. Housing and Urban Development Act, 42 [OR±958±1430±01; GP8±0012 ; OR±53642] In this notice, all power and authority U.S.C. 3535(d). over Single Family Housing program Dated: October 10, 1997. Notice of Public Meeting; Proposed functions presently redelegated to field Nicolas P. Retsinas, Protective Withdrawal for Leslie Gulch Housing Directors; to field Single Area of Critical Environmental Family Housing Division Directors; and Assistant Secretary for Housing—Federal Housing Commissioner. Concern; Oregon to the Single Family Housing Specialist in Dallas, TX is hereby additionally [FR Doc. 97–27676 Filed 10–17–97; 8:45 am] AGENCY: Bureau of Land Management, redelegated from the Assistant Secretary BILLING CODE 4210±27±M Interior. for Housing—Federal Housing ACTION: Notice. Commissioner, through the Deputy SUMMARY: Assistant Secretary for Single Family DEPARTMENT OF THE INTERIOR This notice announces the Housing, to the Single Family schedule and agenda for a forthcoming Homeownership Center Directors in the Bureau of Land Management public meeting that will provide an opportunity for public involvement Philadelphia, PA; Atlanta, GA; Denver, [AK±962±1410±00±P] CO; and Santa Ana, CA offices. The regarding the Department of Interior, Bureau of Land Management’s authority being redelegated has been Notice for Publication; AA±6986±C; application for protective withdrawal published in the Federal Register at 60 Alaska Native Claims Selection FR 16034, published on March 28, 1995; for the Leslie Gulch Area of Critical and in the field reorganization In accordance with Departmental Environmental Concern in eastern Revocation and Redelegation of regulation 43 CFR 2650.7(d), notice is Malheur County. Authority for the Office of Housing, at hereby given that a decision to issue EFFECTIVE DATE: November 18, 1997. 50 FR 62739, published on December 6, conveyance under the provisions of Sec. FOR FURTHER INFORMATION CONTACT: Bill 1994, as amended by the following: 60 14(b) of the Alaska Native Claims Holsheimer, BLM Vale District Office, FR 29862, published on June 6, 1995; 61 Settlement Act of December 18, 1971, 43 100 Oregon Street, Vale, Oregon 97918, FR 33130, published on June 26, 1996; U.S.C. 1601, 1613(b), will be issued to 541–473–3144. 62 FR 23477, published on April 30, Cape Fox Corporation for approximately SUPPLEMENTARY INFORMATION: Notice is 1997; and 62 FR 44132, published on 565 acres. The lands involved are in the hereby given that a public meeting will August 19, 1997. vicinity of Saxman, Alaska. be held to provide an opportunity for Accordingly, the Assistant Secretary Copper River Meridian, Alaska public comment regarding the for Housing—Federal Housing application by the Department of T. 74 S., R. 89 E., T. 74 S., R. 91 E., T. 73 Commissioner redelegates authority as S., R. 92 E. Interior, Bureau of Land Management follows: for a 20-year protective withdrawal as to A notice of the decision will be 12,426.43 acres of public lands in Section A. Authority Redelegated published once a week, for four (4) eastern Malheur County, Oregon. All power and authority over Single consecutive weeks, in the Ketchikan The meeting will begin at 7 p.m., Family Housing program functions Daily News. Copies of the decision may Tuesday, November 18, 1997, at the presently redelegated to field Housing be obtained by contacting the Alaska Bureau of Land Management, Vale Directors; to field Single Family State Office of the Bureau of Land District Office, 100 E. Oregon Street, Housing Division Directors; and to the Management, 222 West Seventh Vale, Oregon. The agenda will include: Single Family Housing Specialist in Avenue, #13, Anchorage, Alaska 99513– (1) An information briefing by the Dallas, TX is hereby additionally 7599 ((907) 271–5960). Bureau of Land Management; (2) oral redelegated through the Deputy Any party claiming a property interest statements by interested parties Assistant Secretary for Single Family which is adversely affected by the addressing the proposed withdrawal; Housing, to the Single Family decision, an agency of the Federal and (3) a question and answer period. Homeownership Center Directors in the government or regional corporation, Written comments will be accepted or Philadelphia, PA; Atlanta, GA; Denver, shall have until November 19, 1997 to can be mailed to the Bureau of Land CO; and Santa Ana, CA offices. The file an appeal. However, parties Management, Oregon/Washington State authority being redelegated has been receiving service by certified mail shall Office, P.O. Box 2965, Portland, Oregon published in the Federal Register at 60 have 30 days from the date of receipt to 97208. Only comments concerning the FR 16034, published on March 28, 1995; file an appeal. Appeals must be filed in proposed protective withdrawal of and in the field reorganization the Bureau of Land Management at the 12,426.43 acres in Malheur County, Revocation and Redelegation of address identified above, where the Oregon, will be accepted. Authority for the Office of Housing, at requirements for filing an appeal may be The meeting is open to the public. 59 FR 62739, published on December 6, obtained. Parties who do not file an Interested parties may make oral 54466 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Notices statements at the meeting and may file Baker City OR 97814 (Telephone 541– a radius of 1820.00 feet, a central angle of written statements with the Bureau of 523–1845). 09° 56′ 26′′, a distance of 315.76 feet; ° ′ ′′ Land Management, Oregon/Washington South 61 22 54 East a distance of 1180.93 Edwin J. Singleton, feet; State Office no later than December 19, Vale District Manager. Along a tangent curve to the left, having a 1997. At this informational meeting, [FR Doc. 97–27682 Filed 10–17–97; 8:45 am] radius of 1045.00 feet, a central angle of oral statements should be limited to five 82° 07′ 35′′, a distance of 1497.88 feet; BILLING CODE 4310±33±M minutes per party. All statements North 36° 29′ 31′′ East a distance of 254.63 received will be considered by the feet; Along a tangent curve to the right, having a Bureau of Land Management before any DEPARTMENT OF THE INTERIOR recommendation concerning the radius of 955.00 feet, a central angle of 18° 32′ 15′′, a distance of 308.98 feet; proposed mineral withdrawal is Bureau of Land Management ° ′ ′′ submitted to the Secretary of Interior for North 55 01 46 East a distance of 227.89 [NV±030±5410±77±F002] feet to a point on the North line of the final action under the authority of Northeast quarter of said Section 34; Section 204 of the Federal Land Policy Notice of Segregation and Management Act of 1976 (43 U.S.C. Thence leaving the Southerly right of 1714). way line of said McCarran Boulevard and along the North line of the Dated: October 7, 1997. SUMMARY: An application for the Northeast quarter of said Section 34, Robert D. DeViney, Jr., conveyance of federally-owned minerals South 89° 09′ 48′′ East a distance of Chief, Branch of Realty and Records Services. has been filed for the following 187.93 feet; thence South 00° 19′ 50′′ [FR Doc. 97–27714 Filed 10–17–97; 8:45 am] described land, under the provisions of West a distance of 668.33 feet to the 43 U.S.C. 1719: BILLING CODE 4310±33±P Northeast corner of Parcel 1 of Parcel Parcel 1 Map 2060 for Thelma and Sam Jaksick, recorded in the Office of the County DEPARTMENT OF THE INTERIOR A tract of land being situate in the North half of the Southwest Quarter, Recorder of Washoe County, Nevada on November 24, 1986 as File No. 1119089; Bureau of Land Management and a portions of the Northwest Quarter, the Northwest Quarter of the Northeast thence along the northerly and westerly Quarter, and the South half of the lines of said Parcel 1 the following [OR±030±08±1220±00: GP8±0014] Southwest of Section 34, Township 19 courses and distances: ° ′ ′′ Notice of Meeting of Advisory Board North, Range 19 East, M.D.M., Washoe North 89 25 25 West a distance of 663.85 County Nevada, being more particularly feet; for the National Historic Oregon Trail South 00° 07′ 09′′ West a distance of 671.37 Interpretive Center described as follows: Commencing at the Southeast corner feet; North 89° 41′ 12′′ West a distance of 252.48 AGENCY: National Historic Oregon Trail of said Section 33, also being the feet; Interpretive Center, Vale District, Southeast corner of said Parcel 1 of South 00° 00′ 17′′ West a distance of 1345.05 Bureau of Land Management, Interior. Land Map 57, thence along the West feet; line of the Southwest quarter of said ACTION: Notice of meeting. thence South 89° 46′ 59′′ West a Section 34, also being along the East distance of 406.63 feet to the Center of line of said Land Map 57 North 00° 02′ SUMMARY: Notice is hereby given that a said Section 34, thence along the North- 21′′ East a distance of 1312.91 feet to the meeting of the Advisory Board for the South center Section line of said Section Southwest corner of the South half of National Historic Oregon Trail 34, South 00° 05′ 25′′ East a distance of the Southwest Quarter of said Section Interpretive Center will be held on 1321.87 feet to the Southeast corner of 34, said point being the true point of Thursday, November 6, 1997, from 8 the North half of the Southwest Quarter beginning, thence continuing along said a.m. to 4:00 p.m. at the Best Western of said Section, thence along the South line, North 02° 02′ 21′′ East a distance Sunridge Inn, 1 Sunridge Lane, Baker line of the North half of the Southwest of 1312.91 feet to the West quarter City, Oregon 97814. Quarter, South 89° 58′ 56′′ West a corner of said Section 34; thence along At an appropriate time, the Board will distance of 2581.06 feet to the the West line of the Northwest quarter recess for approximately one hour for Southwest corner of the North half of of said Section 34 and the East line of lunch. Public comments will be the Southwest Quarter of said Section, Land Map 57, North 00° 34′ 33′′ West a received from 2:00 p.m. to 2:30 p.m., said point being the true point of distance of 2303.09 feet; thence leaving November 6, 1997. Topics to be beginning, containing 231.43 acres more said West line, North 88° 05′ 47′′ East discussed are administrative activities or less. of the Board, organizational processes, a distance of 552.37 feet; thence North ° ′ ′′ The basis of bearing of the above legal funding for the National Historic Oregon 01 54 13 West a distance of 264.00 description is the West line of the Trail Interpretive Center and the feet to a point on the southerly right of Northwest quarter of Section 11, building of partnerships, and the way line of McCarran Boulevard as Township 18 North, Range 19 East, progress of construction projects. described in Document 937490, M.D.M., as shown on the Official Plat of recorded in the Office of the County DATES: The meetings will begin at 8:00 the Forest Hills Subdivision, recorded Recorder of Washoe County, Nevada on in the Office of the County Recorder of a.m. and run to 4:00 p.m. November 6, July 19, 1984 and depicted on Record of 1997. Washoe County, Nevada on July 27, Survey 1678 for Reno Properties, 1979, as File No. 619595. ADDRESSES: The meeting will take place recorded in the Office of the County at the Best Western Sunridge Inn, One Recorder of Washoe County, Nevada on Parcel 2 Sunridge Lane, Baker City, Oregon. June 28, 1984 as File No. 933716; thence A tract of land being situate in Lot 4, FOR FURTHER INFORMATION CONTACT: along said southerly right of way line a portion of the South half of the David B. Hunsaker, Bureau of Land the following courses and distances: Northwest Quarter and a portion of the Management, National Historic Oregon Along a non tangent curve to the left, having North half of the Southwest Quarter of Trail, Interpretive Center, PO Box 987, a tangent bearing of South 51° 26′ 28′′ East, Section 2, Township 18 North, Range 19 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Notices 54467
East, M.D.M, Washoe County, State of Mount Diablo Meridian, Nevada Application Comments Nevada being more particularly T. 22 S., R. 61 E., Interested parties may submit 1 1 1 1 1 described as follows: Sec. 14: W ⁄2SW ⁄4NW ⁄4NE ⁄4NW ⁄4. comments regarding the specific use Beginning at the Northwest corner of Containing 1.25 acres, more or less. ° ′ proposed in the application and plan of said Section 2; thence North 89 37 East development, whether the BLM along the northerly line of said Section The land is not required for any federal purpose. The lease/conveyance followed proper administrative 2 a distance of 879.2 feet; thence South procedures in reaching the decision, or 1° 26′ West a distance of 2726.4 feet to is consistent with current Bureau planning for this area and would be in any other factor not directly related to a point on the East-West center line of the suitability of the land for a church said Section 2; thence South 0° 07′ East the public interest. The lease/patent, when issued, will be subject to the facility. 1320.7 feet to the southerly line of the Any adverse comments will be North half of the Southwest quarter of provisions of the Recreation and Public ° ′ Purposes Act and applicable regulations reviewed by the State Director. In the said Section 2; thence South 89 08 absence of any adverse comments, the West along said southerly line a of the Secretary of the Interior, and will contain the following reservations to the classification of the land described in distance of 879.2 feet to the westerly this Notice will become effective 60 line of said Section 2; thence North 0° United States: ′ days from the date of publication in the 07 West along said westerly line a 1. A right-of-way thereon for ditches Federal Register. The lands will not be distance of 1317.9 feet to the West one or canals constructed by the authority of offered for lease/conveyance until after quarter corner of said Section 2; thence the United States, Act of August 30, the classification becomes effective. North 1° 26′ East 2736.6 feet to the point 1890 (43 U.S.C. 945). Dated: October 8, 1997. of beginning. 2. All minerals shall be reserved to Mark R. Chatterton, Containing 81.75 acres more or less. the United States, together with the DATES: Upon publication in the Federal right to prospect for, mine and remove Assistant District Manager, Non-Renewable Resources, Las Vegas, NV. Register, the mineral interests owned by such deposits from the same under the United States in the land described applicable law and such regulations as [FR Doc. 97–27669 Filed 10–17–97; 8:45 am] above, will be segregated from the Secretary of the Interior may BILLING CODE 4310±HC±P appropriation under the public land prescribe. And will be subject to: laws, including the mining laws. The 1. An easement 30.00 feet in width DEPARTMENT OF THE INTERIOR segregation will terminate upon: along the West boundary in favor of issuance of a patent for the mineral Clark County for roads, public utilities National Park Service interests, rejection of the the and flood control purposes. Detailed application, or 2 years from the date of information concerning this action is Final Environmental Impact Statement this publication, whichever comes first. available for review at the office of the for General Management Plan/ FOR FURTHER INFORMATION CONTACT: For Bureau of Land Management, Las Vegas Development Concept Plans, Organ additional information, contact Ron District, 4765 W. Vegas Drive, Las Pipe Cactus National Monument, Moore at (702) 885–6155. Vegas, Nevada. Arizona; Notice of Availability Dated: October 7, 1997. Upon publication of this notice in the SUMMARY: The National Park Service Daniel L. Jacquet, Federal Register, the above described (NPS), Department of the Interior, has Acting Assistant District Manager, land will be segregated from all other prepared a Final Environmental Impact Nonrenewable Resources, Carson City, forms of appropriation under the public Statement (FEIS) for the General Nevada. land laws, including the general mining Management Plan and Development [FR Doc. 97–27658 Filed 10–17–97; 8:45 am] laws, except for lease/conveyance under Concept Plans (GMP/DCP) for Organ BILLING CODE 4410±HC±P the Recreation and Public Purposes Act, Pipe Cactus National Monument, leasing under the mineral leasing laws Arizona. This document is an and disposals under the mineral abbreviated FEIS. The contents of this DEPARTMENT OF THE INTERIOR material disposal laws. abbreviated document must be Bureau of Land Management For a period of 45 days from the date integrated with the Draft EIS (1995) and of publication of this notice in the the Supplemental EIS (1996) in order to [NV±930±1430±00; N±57698] Federal Register, interested parties may reflect completely the proposed action, submit comments regarding the its alternatives, and full analysis of Notice of Realty Action: Lease/ proposed lease/conveyance for environmental factors. As an aid to Conveyance for Recreation and Public classification of the lands to the District readers, the FEIS contains a guide to Purposes Manager, Las Vegas District, 4765 W. finding the most relevant portions of AGENCY: Bureau of Land Management. Vegas Drive, Las Vegas, Nevada 89126. each document, along with a summary of anticipated activities to clarify the ACTION: Recreation and Public Purpose Classification Comments proposed action to all concerned. Lease/conveyance. Interested parties may submit SUPPLEMENTARY INFORMATION: Four SUMMARY: The following described comments involving the suitability of alternatives were considered. The public land in Las Vegas, Clark County, the land for a church facility. Comments proposed action, detailed in the SEIS, is Nevada has been examined and found on the classification are restricted to entitled the New Proposed Action suitable for lease/conveyance for whether the land is physically suited for Alternative. In response to public recreational or public purposes under the proposal, whether the use will comments on the SEIS, the proposed the provisions of the Recreation and maximize the future use or uses of the action is further clarified in the FEIS. Public Purposes Act, as amended (43 land, whether the use is consistent with Except for factual corrections (detailed U.S.C. 869 et seq.). Our Lady of Victory local planning and zoning, or if the use in the Errata section), there are no Catholic Church proposes to use the is consistent with State and Federal substantive changes in activities land for a church facility. programs. proposed initially in the SEIS. However, 54468 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Notices reasonable and prudent mitigation Service officials jointly responsible for however, did not deny that he is not measures are added, resulting from the decision will be the Regional currently authorized to handle formal consultation with the U.S. Fish Directors of the Intermountain and the controlled substances in the State of and Wildlife Service on the endangered Pacific West Regions. Subsequently, the New York. Sonoran pronghorn, the lesser long- officials responsible for implementing On August 26, 1997, Judge Randall nosed bat, and the recently listed cactus the plan will be the Regional Director, issued her Opinion and Recommended ferruginous pygmy-owl. The concept of Intermountain Region and the Decision, finding that Respondent the proposed action is two-fold: within Superintendent, Organ Pipe Cactus lacked authorization to handle the region, enact principles of the Man National Monument. controlled substances in the State of New York; granting the Government’s and the Biosphere (MAB) program by Dated: October 1, 1997. Motion for Summary Disposition; and adopting a regional perspective to John J. Reynolds, improve visitor services and conserve recommending that Respondent’s DEA Pacific West Region. resources; and within the monument, Certificate of Registration be revoked. improve management capabilities to [FR Doc. 97–27732 Filed 10–17–97; 8:45 am] Neither party filed exceptions to her enhance visitor opportunities and BILLING CODE 4310±70±P opinion, and on October 1, 1997, Judge protect resources and wilderness values. Randall transmitted the record of these The effect desired from implementing proceedings to the Acting Deputy these actions is to enhance protection, DEPARTMENT OF JUSTICE Administrator. understanding, and recognition of The Acting Deputy Administrator has Drug Enforcement Administration Sonoran desert ecosystems and further considered the record in its entirety, strengthen relations with the Tohono [Docket No. 97±21 and pursuant to 21 C.F.R. 1316.67, O’odham Nation, Mexico, and other hereby issues his final order based upon neighbors of the monument. Under the Robert M. Binenfeld, M.D. Revocation findings of fact and conclusions of law proposed plan, the NPS would seek of Registration as hereinafter set forth. The Acting Deputy Administrator adopts, in its redesignation of the monument as On June 23, 1997, the Deputy Sonoran Desert National Park. No tolls, entirety, the Opinion and Assistant Administrator, Office of Recommended Decision of the traffic re-routes, or speed limit Diversion Control, Drug Enforcement reductions are proposed for State Route Administrative Law Judge. Administration (DEA), issued an Order The Acting Deputy Administrator 85. to Show Cause to Robert M. Binenfeld, finds that the Hearing Committee of the In addition to the proposed action, M.D., (Respondent), of Monroe, New three other alternatives are presented Board issued a Decision and Order York. The Order to Show Cause notified dated August 26, 1994, finding among (which are detailed in the SEIS). The him of an opportunity to show cause as other things, that Respondent Existing Conditions/No Action to why DEA should not revoke his DEA committed gross negligence, gross Alternative would basically continue Certificate of Registration, AB4921210, incompetence, negligence and the existing management situation. The pursuant to 21 U.S.C. 824(a)(3), and incompetence in his practice of Former Preferred Future Alternative deny any pending applications for medicine. As a result, the Hearing proposed adding 2,130 acres to the registration pursuant to 21 U.S.C. 823(f), Committee ordered the revocation of National Wilderness Preservation for reason that he is not currently Respondent’s license to practice System, and called for significant authorized to handle controlled medicine in the State of New York. cultural resource preservation efforts substances in the State of New York. Effective December 19, 1994, the and new facilities in several locations On July 11, 1997, Respondent filed a Board’s Administrative Review Board within the monument. The New Ideas request for a hearing, and the matter was affirmed the Hearing Committee’s Alternative proposed 3,650 acres for docketed before Administrative Law decision to revoke Respondent’s wilderness, and existing or new park Judge Gail A. Randall. On July 21, 1997, medical license. Subsequently, on facilities would be relocated at or Judge Randall issued an Order for February 21, 1995, the State of New outside the monument boundary. Prehearing Statements. Thereafter, on York, supreme Court-Appellate REVIEW COPIES: Copies of the FEIS will August 8, 1997, the Government filed a Division, Third Judicial Department be available for on-site review as Motion for Summary Disposition and denied Respondent’s request for a stay follows: (1) Office of Public Affairs, Motion to Stay Proceedings, alleging of the Board’s order. National Park Service, Department of that effective December 19, 1994, the Therefore, the Acting Deputy the Interior, 18th and C Streets, NW, State of New York, Department of Administrator finds that Respondent is Washington, DC 20240, (202) 208–6843; Health, State Board for Professional not currently authorized to practice (2) Planning Team Leader, Denver Medical Conduct (Board) revoked medicine in the State of New York. As Service Center, National Park Service, Respondent’s license to practice a result, the Acting Deputy 12795 W. Alameda Parkway, Denver, medicine and therefore, Respondent is Administrator concludes that it is CO 80225–0287, (303) 969–2273; and (3) not authorized to handle controlled reasonable to infer that Respondent is Superintendent, Organ Pipe Cactus substances in that state. not authorized to handle controlled National Monument, Route 1, Box 100, On August 11, 1997, Judge Randall substances in that state. Ajo, AZ 85321, (520) 387–7661. A issued an Order providing Respondent The DEA does not have statutory limited number of copies for with an opportunity to respond to the authority under the Controlled distribution are available on request Government’s motion. In addition, Substances Act to issue or maintain a from either the Superintendent or Judge Randall stayed the proceedings registration if the applicant or registrant Planning Team Leader. pending her ruling on the Government’s is without state authority to handle DECISION: A Record of Decision will be motion. controlled substances in the state in approved no sooner than 30 days after On August 21, 1997, Respondent filed which he conducts his business. 21 the Environmental Protection Agency’s a response to the Government’s motion, U.S.C. 802(21), 823(f) and 824(a)(3). filing of their receipt of this FEIS in the arguing that, ‘‘[m]any statements made This prerequisite has been consistently Federal Register. The National Park by the [Board] are untrue.’’ Respondent upheld. See Romeo J. Perez, M.D. 62 FR Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Notices 54469
16,193 (1997); Demetris A. Green, M.D., and deny any pending applications for authority vested in him by 1 U.S.C. 823 61 FR 60,728 (1996); Dominick A. Ricci, renewal of such registration as a and 824 and 28 CFR 0.100(b) and 0.104, M.D., 58 FR 51,104 (1993). Since practitioner pursuant to 21 U.S.C. hereby orders that DEA Certificate of Respondent lacks authority in the State 823(f), for reason that he is not currently Registration AB8143024, previously of New York to handle controlled authorized to handle controlled issued to Benjamin R. Borja, D.M.D., be, substances, he is not entitled to a DEA substances in the State of California. and it hereby is, revoked. The Acting registration in that state. The order also notified Dr. Borja that Deputy Administrator further orders While, Respondent argues that many should no request for a hearing be filed that any pending applications for the untrue statements were made by the within 30 days, his hearing right would renewal of such registration, be, and Board in revoking his license to practice be deemed waived. they hereby are, denied. This order is medicine, he does not dispute that he is The DEA received a signed receipt effective November 19, 1997. currently not authorized to handle indicating that the order was received controlled substances in the State of by Dr. Borja on June 30, 1997. No James S. Milford, New York. Under the circumstances, request for a hearing or any other reply Acting Deputy Administrator. Judge Randall properly granted the was received by the DEA from Dr. Borja Dated: October 9, 1997. Government’s Motion for Summary or anyone purporting to represent him [FR Doc. 97–27639 Filed 10–17–97; 8:45 am] Disposition. It is well-settled that when in his matter. Therefore, the Acting BILLING CODE 4410±09±M no question of material fact is involved, Deputy Administrator, finding that (1) a plenary, adversary administrative 30 days have passed since the receipt of proceeding involving evidence and the Order to Show Cause, and (2) no cross-examination of witnesses is not request for a hearing having been DEPARTMENT OF LABOR obligatory. See Phillip E. Kirk, M.D., 48 received, concludes that Dr. Borja is FR 32,887 (1983) aff’d sub nom Kirk V. deemed to have waived his hearing Office of the Secretary Mullen, 749 F.2d 297 (6th Cir. 1984); right. After considering relevant NLRB v. International Association of material from the investigative file in Submission for OMB Review; Bridge, Structural and Ornamental this matter, the Acting Deputy Comment Request Ironworkers, AFL–CIO, 549 F.2d 634 Administrator now enters his final order October 14, 1997. without a hearing pursuant to 21 CFR (9th Cir. 1977); United States v. The Department of Labor (DOL) has Consolidated Mines & Smelting Co., 44 1301.43 (d) and (e) and 1301.46. The Acting Deputy Administrator submitted the following public F.2d 432 (9th Cir. 1971). information collection requests (ICRs) to Accordingly, the Acting Deputy finds that on March 22, 1996, the Board of Dental Examiners, Department of the Office of Management and Budget Administrator of the Drug Enforcement (OMB) for review and approval in Administration, pursuant to the Consumer Affairs, State of California issued a Default Decision and Order accordance with the Paperwork authority vested in him by 21 U.S.C. 823 Reduction Act of 1995 (Pub. L. 104–13, and 824 and 28 C.R.F. 0.100(b) and revoking Dr. Borja’s dental license effective May 1, 1996, based upon a 44 U.S.C. Chapter 35). A copy of each 0.104, hereby orders that DEA individual ICR, with applicable Certificate of Registration AB4921210, finding that Dr. Borja engaged in unprofessional conduct, incompetence, supporting documentation, may be previously issued to Robert M. obtained by calling the Department of Binenfeld, M.D., be, and it hereby is, gross negligence, and/or repeated acts of negligence in his treatment of a patient. Labor, Departmental Clearance Officer, revoked. The Acting Deputy Theresa M. O’Malley ((202) 219–5096 Administrator further orders that any The Acting Deputy Administrator finds that in light of the fact that Dr. Borja is ext. 143) or by E-Mail to OMalley- pending applications for the renewal of [email protected]. Individuals who use a such registration be, and they hereby are not currently licensed to practice medicine in the State of California, it is telecommunications device for the deaf denied. This order is effective (TTY/TDD) may call (202) 219–4720 November 19, 1997. reasonable to infer that he is not currently authorized to handle between 1:00 p.m. and 4:00 p.m. Eastern Dated: October 10, 1997. controlled substances in that state. time, Monday–Friday. James S. Milford, The DEA does not have the statutory Comments should be sent to Office of Acting Deputy Administrator. authority under the Controlled Information and Regulatory Affairs, [FR Doc. 97–27638 Filed 10–17–97; 8:45 am] Substances Act to issue or maintain a Attn: OMB Desk Officer for BLS, DM, BILLING CODE 4410±09±M registration if the applicant or registrant ESA, ETA, MSHA, OSHA, PWBA, or is without state authority to handle VETS, Office of Management and controlled substances in the state in Budget, Room 10235, Washington, DC DEPARTMENT OF JUSTICE which he conducts his business. 21 20503 ((202) 395–7316), within 30 days U.S.C. 802(21), 823(f) and 824(a)(3). from the date of this publication in the Drug Enforcement Administration This prerequisite has been consistently Federal Register. The OMB is particularly interested in Benjamin R. Borja, D.M.D.; Revocation upheld. See Romeo J. Perez, M.D., 62 FR comments which: of Registration 16,193 (1997); Demetris A. Green, M.D., 61 FR 60,728 (1996); Dominick A. Ricci, • Evaluate whether the proposed On June 23, 1997, the Deputy M.D., 58 FR 51,104 (1993). collection of information is nececesary Assistant Administrator, Office of Here it is clear that Dr. Borja is not for the proper performance of the Diversion Control, Drug Enforcement currently authorized to handle functions of the agency, including Administration (DEA), issued an Order controlled substances in the State of whether the information will have to Show Cause to Benjamin R. Borja, California. Therefore, Dr. Borja is not practical utility; D.M.D., of North Hills, California, entitled to a DEA registration in that • Evaluate the accuracy of the notifying him of an opportunity to show state. agency’s estimate of the burden of the case as to why DEA should not revoke Accordingly, the Acting Deputy proposed collection of information, his DEA Certificate of Registration Administrator of the Drug Enforcement including the validity of the AB8143024, under 21 U.S.C. 824(a)(3), Administration, pursuant to the methodology and assumptions used; 54470 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Notices
• Enhance the quality, utility, and collection techniques or other forms of OMB Number: 1205–0179 (extension). clarity of the information to be information technology, e.g., permitting Frequency: One-time. collected; and electronic submission of responses. • Minimize the burden of the Agency: Employment and Training Affected Public: Individuals or collection of information on those who Administration. households; Federal Government; State, are to respond, including the use of Title: Unemployment Compensation Local or Tribal Government. appropriate automated, electronic, for Former Federal Employees, mechanical, or other technological Handbook No. 391.
Form Respondents Average time per response
ES 931 ...... 144,000 3 minutes. ES 391A ...... 33,120 3 minutes. ES 935 ...... 144,000 5 minutes. ES 933 ...... 2,360 3 minutes. ES 934 ...... 15,025 3 minutes. ES 936 ...... 7,200 3 minutes. ES 939 ...... 75 1 hour 45 minutes. ETA 8±32 ...... 53 5 minutes.
Total Burden Hours: 28,434. Estimated Time Per Respondent: 152 Frequency: On occasion Total Annualized capital/startup hours. (recordkeeping). costs: 0. Total Burden Hours: 8,056. Affected Public: State, Local or Tribal Total annual costs (operating/ Total Annualized capital/startup Government. maintaining systems or purchasing costs: $21,200,000. Number of Respondents: 52. services: $66,000. Total annual costs (operating/ Estimated Time Per Respondent: 8 Description: Federal Law (5 U.S.C. maintaining systems or purchasing hours. 8501–8509) provides unemployment services: $189,977,000. Total Burden Hours: 416. insurance protection to former (or Description: Data provided to the Total Annualized capital/startup partially unemployed) Federal civilian Unemployment Insurance Service must costs: - 0 -. employees. It is referred to, in be credible for use in the distribution of Total annual costs (operating/ abbreviated form, as ‘‘UCFE.’’ The forms administrative funds as well as maintaining systems or purchasing contained throughout the UCFE triggering the Extended Benefits services: - 0 -. Handbook are used in connection with Program and as economic indicators as Description: Request is for retention of the provision of this benefit assistance. well as general information for information on work applications and Agency: Employment and Training operating the program. Validation job orders. Administration. attempts to ensure the accuracy and Agency: Employment and Training Title: ETA Data Validation Handbook compatibility of reported data. No. 361. Administration. OMB Number: 1205–0055 (revision). Agency: Employment and Training Title: Worker Adjustment Formula Frequency: Annually. Administration. Financial Report. Affected Public: State, Local or Tribal Title: Work Application/Job Order OMB Number: 1205–0326 (extension). Government. Recordkeeping. Affected Public: State, Local or Tribal Number of Respondents: 53. OMB Number: 1205–0001 (extension). Government.
Average Number of time per Activity respondents Frequency response (hours)
Data Collection ...... 52 3 quarters ...... 6 52 1 quarter ...... 7 Recordkeeping ...... 52 one-time ...... 10
Total Burden Hours: 1,820. Agency: Employment and Training Total Annualized capital/startup Total Annualized capital/startup Administration. costs: 0. costs: - 0 -. Title: Preliminary Estimates of Total annual costs (operating/ Average Employer Tax Rates. Total annual costs (operating/ maintaining systems or purchasing OMB Number: 1205–0228 services): 0. maintaining systems or purchasing (reinstatement). services): 0. Agency Form Number: ETA 205. Description: The average tax rate collected from States is used to compute Description: The information will be Frequency: Annually. average tax rate for the United States used to assess formula programs under Affected Public: State, Local or Tribal and, along with the current tax rate Title III of JTPA, as amended. Government. schedule, are used to certify that States Participant and financial data will be Number of Respondents: 53. are complying with the law. used to monitor program performance, Estimated Time Per Respondent: 16 and to prepare reports and budget minutes. Agency: Occupational Safety and requests. Total Burden Hours: 14 hours. Health Administration. Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Notices 54471
Title: Respiratory Protection (29 CFR 1. Notice of public hearing published Administrator’s approval effective upon part 1910.134). in a newspaper of general circulation in publication for the following reason. OMB Number: 1218–0099 (extension). the State at least sixty (60) days prior to The standards were adopted in Frequency: On occasion. the date of such hearing. accordance with the procedural Affected Public: Business or other for- 2. Public hearing conducted by the requirements of State law, which profit; Federal Government; State, Local Environmental Improvement Board. included public comment, and further or Tribal Government. 3. Filing of adopted regulations, public participation would be Number of Respondents: 130,000. amendments, or revocations under the repetitious. Estimated Time Per Respondent: Time State Rules Act. The decision is effective September 8, per response ranges from 5 minutes to The New Mexico State Plan provides 1997. mark emergency-use respirator storage for the adoption of State standards (Sec. 18, Pub. L. 91–596, 84 Stat. 1608 (29 compartments to 8 hours to develop a which are at least as effective as U.S.C. 667)). written respiratory protection program. comparable Federal standards Signed at Dallas, Texas, this eighth day of Total Burden Hours: 1,166,092. promulgated under Section 6 of the Act. September 1997. Total Annualized capital/startup By letter dated August 12, 1997, from Emzell Blanton, Jr., costs: 0. Sam A. Rogers, Bureau Chief, to Emzell Total annual costs (operating/ Regional Administrator. Blanton, Jr., Regional Administrator, [FR Doc. 97–27653 Filed 10–17–97; 8:45 am] maintaining systems or purchasing and incorporated as part of the plan, the BILLING CODE 4510±26±P services): 0. State submitted State standards Description: The purpose of this identical to Federal standards as follow: standard and its information collection Amendment to 1910, Subpart B, DEPARTMENT OF LABOR is designed to provide protection for Adoption and Extension of Established employees from workplace atmospheric Federal Standards (61 FR 56831–56855, Pension and Welfare Benefits contamination. The standard requires dated 11/4/96), and Amendment to Administration employers to develop a written 1926.55, Appendix A, Gases, Vapors, respiratory protection program, to Fumes, Dust, and Mist (61 FR 56856, [Application No. D±10412, et al.] inspect and certify emergency-use dated 11/4/96). respirators, and mark emergency-use Proposed Exemptions; Metropolitan These standards, contained in New Life Insurance Company respirator storage compartments. Mexico Occupational Health and Safety Theresa M. O’Malley, Regulations 11 NMAC 5.1 and 11 AGENCY: Pension and Welfare Benefits Departmental Clearance Officer. NMAC 5.2, were promulgated on Administration, Labor. [FR Doc. 97–27735 Filed 10–17–97; 8:45 am] August 8, 1997, in accordance with ACTION: Notice of proposed exemptions. BILLING CODE 4510±30±M applicable State law. The subject standards became SUMMARY: This document contains effective September 15, 1997, pursuant notices of pendency before the DEPARTMENT OF LABOR to New Mexico State Law, Sections 50– Department of Labor (the Department) of 9–1 through 50–9–25. proposed exemptions from certain of the Occupational Safety and Health 2. Decision. OSHA has determined prohibited transaction restrictions of the Administration that the State standards at 11 NMAC 5.1, Employee Retirement Income Security Act of 1974 (the Act) and/or the Internal New Mexico State Standards; Notice of and 11 NMAC 5.2 are identical to the Revenue Code of 1986 (the Code). Approval comparable Federal standards, and therefore approves the standards. Written Comments and Hearing 1. Background. Part 1953 of Title 29, 3. Location of Supplement for Requests Code of Federal Regulations, prescribes Inspection and Copying. A copy of the procedures under Section 18 of the standards supplement, along with the All interested persons are invited to Occupational Safety and Health Act of approved plan, may be inspected and submit written comments or request for 1970 (hereinafter called the Act), by copied during normal business hours at a hearing on the pending exemptions, which the Regional Administrator for the following locations: Office of the unless otherwise stated in the Notice of Occupational Safety and Health Regional Administrator, U.S. Proposed Exemption, within 45 days (hereinafter called Regional Department of Labor-OSHA, 525 Griffin from the date of publication of this Administrator), under a delegation of Street, Room 602, Dallas, Texas 75202; Federal Register Notice. Comments and authority from the Assistant Secretary of Office of the Secretary, Environment requests for a hearing should state: (1) Labor for Occupational Safety and Department, 1190 St. Francis Drive, The name, address, and telephone Health (hereinafter called the Assistant Room 2200-North, Santa Fe, New number of the person making the Secretary) (29 CFR 1953.4), will review Mexico 87503; and the Office of State comment or request, and (2) the nature and approve standards promulgated Programs, 200 Constitution Avenue, of the person’s interest in the exemption pursuant to a State Plan, which has been N.W., Room N3700, Washington, D.C. and the manner in which the person approved in accordance with Section 20210. would be adversely affected by the 18(c) of the Act and 29 CFR Part 1902. 4. Public participation. Under 29 CFR exemption. A request for a hearing must On December 10, 1975, notice was 1953.2(c), the Assistant Secretary may also state the issues to be addressed and published in the Federal Register (40 prescribe alternative procedures to include a general description of the FR 57455) of the approval of the New expedite the review process or for other evidence to be presented at the hearing. Mexico State Plan and the adoption of good cause which may be consistent ADDRESSES: All written comments and Subpart DD to Part 1952 containing the with applicable laws. The Assistant request for a hearing (at least three decision. Secretary finds that good cause exists copies) should be sent to the Pension The New Mexico State Plan provides for not publishing the supplements to and Welfare Benefits Administration, for the adoption of Federal standards as the New Mexico State Plan as proposed Office of Exemption Determinations, State standards after: changes, and making the Regional Room N–5649, U.S. Department of 54472 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Notices
Labor, 200 Constitution Avenue, N.W., 4975(c)(1) (A) through (E) of the Code, (1) A summary of the pertinent Washington, D.C. 20210. Attention: shall not apply, effective April 1, 1997, features of the documents listed above Application No.ll, stated in each to (1) the purchase or retention by an in paragraph (c) which are deemed Notice of Proposed Exemption. The employee benefit plan (the Plan) and (2) appropriate for distribution to such applications for exemption and the the sale or continuation by MetLife or participant; comments received will be available for an affiliate (collectively, MetLife) of a (2) A copy of the operative language public inspection in the Public synthetic guaranteed investment of the proposed exemption if the Documents Room of Pension and contract (the MetLife Trust GIC) entered Section 404(c) Plan has entered into a Welfare Benefits Administration, U.S. into between the Plan and MetLife MetLife Trust GIC arrangement before Department of Labor, Room N–5507, under which MetLife guarantees (the the final exemption is issued; and 200 Constitution Avenue, N.W., Guarantee) certain amounts (the (3) A copy of the operative language Washington, D.C. 20210. Guaranteed Value). of the final exemption (i) to the extent that there have been modifications to Notice to Interested Persons This proposed exemption is conditioned upon the following the operative language of proposed Notice of the proposed exemptions requirements: exemption, or (ii) the Section 404(c) will be provided to all interested (a) The decision to enter into a Plan acquires a MetLife Trust GIC after persons in the manner agreed upon by MetLife Trust GIC is made on behalf of the final exemption is granted. the applicant and the Department a participating Plan in writing by a (e) Subsequent to a Plan’s investment within 15 days of the date of publication fiduciary of such Plan which is in a MetLife Trust GIC, the Plan in the Federal Register. Such notice independent of MetLife. fiduciary and, if applicable, the Plan shall include a copy of the notice of (b) A Plan investing in a MetLife Trust participant, upon such participant’s proposed exemption as published in the GIC has assets that are in excess of $25 request, receive the following ongoing Federal Register and shall inform million. disclosures regarding such investment: interested persons of their right to (c) Prior to the execution of the (1) A monthly report consisting of a comment and to request a hearing MetLife Trust GIC, the Plan fiduciary Guaranteed Value Statement, which (where appropriate). receives a full and detailed written specifies the affected Plan’s MetLife SUPPLEMENTARY INFORMATION: The disclosure of all material features Trust GIC balance for the prior month, proposed exemptions were requested in concerning the MetLife Trust GIC, contributions, withdrawals, transfers, applications filed pursuant to section including— interest earned, the current month’s 408(a) of the Act and/or section (1) A Letter of Agreement between ending balance for the MetLife Trust 4975(c)(2) of the Code, and in MetLife and the Plan fiduciary which GIC, the current interest rate and a accordance with procedures set forth in stipulates the relevant provisions of the summary of transactions; 29 CFR Part 2570, Subpart B (55 FR (2) A quarterly report consisting of a GIC, the applicable fees and the rights 32836, 32847, August 10, 1990). Market Value Statement, which and obligations of the parties; Effective December 31, 1978, section specifies the prior quarter’s ending (2) Investment Guidelines defining 102 of Reorganization Plan No. 4 of market value for a Plan’s MetLife Trust the manner in which an investment 1978 (43 FR 47713, October 17, 1978) GIC, contributions, withdrawals, the manager will manage a MetLife Trust transferred the authority of the Secretary fees paid to MetLife, investment GIC; of the Treasury to issue exemptions of income, realized capital gains and/or (3) A copy of the Investment the type requested to the Secretary of losses from sales, changes in unrealized Management Agreement between Labor. Therefore, these notices of appreciation of assets, the current MetLife and the Plan fiduciary; proposed exemption are issued solely quarter’s ending market value and rate (4) Information explaining in a by the Department. of return, and a summary of manner calculated to be understood by The applications contain transactions; and representations with regard to the a Plan fiduciary that, if a MetLife (3) An annual portfolio listing or letter proposed exemptions which are affiliated manager underperforms or if describing key events, depending upon summarized below. Interested persons adverse market conditions occur, the its arrangements with a Plan fiduciary. are referred to the applications on file interest rate that is credited (the (f) As to each Plan, the combined total with the Department for a complete Credited Rate) to a MetLife Trust GIC of all fees and charges imposed under a statement of the facts and account (the Account) may be as low as MetLife Trust GIC is not in excess of representations. 0 percent; ‘‘reasonable compensation’’ within the (5) The pertinent features of a MetLife meaning of section 408(b)(2) of the Act. Metropolitan Life Insurance Company conventional GIC (the MetLife (g) Each MetLife Trust GIC (MetLife) Located in New York, NY Conventional GIC) that a Plan fiduciary specifically provides an objective [Application No. D–10412] may obtain upon the discontinuance of method for determining the fair market a MetLife Trust GIC, including an value of the securities owned by the Proposed Exemption explanation that, although a MetLife Plan pursuant to such GIC. The Department is considering Conventional GIC will offer a guarantee (h) Each MetLife Trust GIC has a granting an exemption under the of principal, it may have a credited rate predefined maturity date or dates authority of section 408(a) of the Act as low as 0 percent for the duration of selected by the Plan fiduciary and and section 4975(c)(2) of the Code and the contract; and agreed to by MetLife. in accordance with the procedures set (6) If granted, copies of the proposed (i) Prior to the affirmation of a forth in 29 CFR Part 2570, Subpart B (55 exemption and grant notice with respect maturity date, MetLife informs the Plan FR 32836, 32847, August 10, 1990). If to the exemptive relief provided herein. fiduciary of the new reset rate for the the exemption is granted, the (d) Upon the selection by a Plan Credited Rate. restrictions of sections 406(a), 406 (b)(1) fiduciary of a MetLife Trust GIC, a (j) MetLife maintains books and and (b)(2) of the Act and the sanctions participant in a Plan that provides for records of each MetLife Trust GIC resulting from the application of section participant investment selection (the transaction for a period of six years. 4975 of the Code, by reason of section Section 404(c) Plan) is given— Such books and records are subject to Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Notices 54473 annual audit by independent, certified Commissioner of the State of New York. contracts issued to Plans as well as public accountants. It is the second largest life insurance other entities. The assets in these EFFECTIVE DATE: If granted, this proposed company in the United States. As of accounts are insulated from MetLife’s exemption will be effective as of April December 31, 1996, MetLife and its general account. The returns generated 1, 1996. subsidiaries had $279 billion in assets from such accounts are used to support under management. MetLife provides Summary of Facts and Representations contractual obligations. Accounts are funding, asset management and other created to invest in one or more asset 1. The parties to the transactions are services for Plans covered by the Act. classes and are managed by MetLife, an described as follows: MetLife also maintains pooled and affiliate of MetLife or a nonaffiliated (a) MetLife is a mutual life insurance single separate accounts pursuant to company. company organized under New York New York Insurance Law. These law and subject to supervision and accounts are used in connection with As of June 11, 1996, MetLife’s ratings examination by the Insurance group annuity and group life insurance were as follows:
Rating firm Rating Rationale
A.M. Best ...... A+ (Superior) Financial position and operating performance. Duff & Phelps ...... AA+ Claims-paying ability. Moody's ...... Aa2 (Excellent) Financial strength. Standard & Poor's ...... AA (Excellent) Claims-paying ability.
(b) State Street Research & such sponsors full insulation in case of affiliates have an interest in maximizing Management Company (State Street the insurance company’s insolvency. the cumulative total return of a MetLife Research), a wholly owned subsidiary of For this reason, insurers have begun to Trust GIC, thereby reducing the amount MetLife, is an investment management develop ‘‘synthetic GICs’’ which offer of, or entirely eliminating, MetLife’s company registered as an investment all or nearly all of the same features as obligation to make a payment on the adviser under the Advisers Act. State traditional GIC products except that the Guarantee. Accordingly, MetLife Street Research, which is Boston-based, assets are placed in a segregated trust or requests exemptive relief from the was founded in 1927 and acquired by custodial bank account owned by the Department. MetLife in 1983. As of December 31, Plan rather than being owned by the 4. Each MetLife Trust GIC will consist 1996, State Street Research managed insurer. of a group annuity contract and an $41 billion in equity, fixed income and 3. Since April 1, 1997, MetLife has Investment Management Agreement balanced accounts for retirement plans, been offering an investment product between the Plan sponsor and MetLife, foundations and endowments and (referred to herein as a ‘‘MetLife Trust which will typically be the investment mutual funds. GIC’’) to Plans having assets that are in manager. A MetLife Trust GIC will be (c) The Plans involved herein will excess of $25 million. MetLife believes offered to a Plan having total assets that consist primarily of defined that the transaction would violate are in excess of $25 million. The contribution plans that are subject to the section 406(a)(1) (A) and (B) of the Act principal amount of such Trust GIC will provisions of Act as well as Plans that because MetLife would be guaranteeing be negotiated between MetLife and the are subject to sections 401(a) and 403(b) a certain asset value (i.e., the Plan fiduciary. of the Code. Guaranteed Value) to a Plan and thereby 5. The decision to enter into a MetLife 2. MetLife has offered a variety of extending credit to such Plan as the Trust GIC will be made on behalf of the guaranteed investment contracts or result of a Plan’s purchase of a MetLife Plan by a Plan fiduciary who is ‘‘GICs’’ to Plans for many years. A GIC Trust GIC. In addition, MetLife believes independent of MetLife and its is a group annuity contract from an that the transaction would violate affiliates. MetLife represents that due to insurance company which provides section 406 (b)(1) and (b)(2) of the Act the large size of the Plans involved, the contractholders with a fixed rate of because MetLife or an affiliate, in independent fiduciaries authorizing return for a specified period, while honoring a withdrawal initiated by Plans to enter into the MetLife Trust paying benefits to Plan participants at either a Plan participant or a Plan GICs can be expected to be (or retain) guaranteed value. The GICs issued by sponsor (see Representations 15 and 16 sophisticated, professional asset MetLife, which are described herein, of this proposed exemption), would be managers with specialized expertise in will have predefined maturity dates. using their discretion in selecting the area of GICs and similar Plan fiduciaries frequently use GICs securities that will be subject to the investments. However, prior to the as funding vehicles for the ‘‘fixed Guarantee and in reducing the Plan’s investment, MetLife will furnish income’’ or ‘‘stable value’’ investment Guaranteed Value to reflect the the Plan’s independent fiduciary with a options of defined contribution plans. withdrawal. full and detailed disclosure of all According to Plan provisions, Further, MetLife asserts that the features concerning the MetLife Trust participants may have the right to proposed Guarantee could be perceived GIC. In addition to the MetLife Trust transfer funds among a Plan’s various as giving rise to a conflict of interest GIC document, such disclosures will investment options, or to take funds out between MetLife or an affiliate and the include (a) a Letter of Agreement of the Plan in withdrawals or loans. Plans in violation of section 406 (b)(1) between MetLife and the Plan fiduciary Such payments from a given option are and (b)(2) of the Act because the amount which stipulates the relevant provisions called ‘‘participant-initiated of the cumulative total return of each of the GIC, the applicable fees and the withdrawals’’ or ‘‘benefits.’’ MetLife Trust GIC will be affected in rights and obligations of the parties; (b) Recently, many Plan sponsors have part by MetLife or its affiliate’s exercise Investment Guidelines defining the begun to request the direct ownership of of fiduciary authority or control, manner in which an investment the assets that back the GIC since including the valuation of assets. In this manager will manage a MetLife Trust nominal ownership of the assets affords regard, MetLife notes that both it and its GIC; (c) a copy of the Investment 54474 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Notices
Management Agreement between manager to manage some or all of the section 407(d) of the Act.2 The MetLife and the Plan fiduciary; (d) an Account assets, assuming MetLife investment guidelines may also allow explanation that if a MetLife affiliated obtains appropriate regulatory the use of options (other than naked put manager underperforms or if adverse approvals. Under all circumstances, and call options), futures, warrants, market conditions occur, the Credited each investment manager or sub- forwards or similar instruments on a Rate applied to a MetLife Trust GIC manager servicing an Account will limited basis for hedging and risk Account may be as low as 0 percent; (e) acknowledge in writing to the Plan management purposes.3 the pertinent features of a MetLife fiduciary that it will be a fiduciary of MetLife does not expect any single Conventional GIC including an the Plan with respect to a MetLife Trust Account to utilize every one of these explanation that, although a MetLife GIC and as such, will be subject to the types of assets or asset quality Conventional GIC will offer a guarantee fiduciary provisions of the Act. specifications. Therefore, the of principal, it may have a credited rate 8. Before an Account is established, aforementioned investments are as low as 0 percent for the duration of MetLife and the Plan sponsor will agree intended to represent the universe of the contract, assuming the Plan to a set of investment guidelines which investment alternatives among which fiduciary decides to discontinue a will define how the investment manager the Plan sponsor can choose to meet its MetLife Trust GIC by converting it into will manage the Account’s assets, investment and benefit needs. a MetLife Conventional GIC; and (f) if identify the assets that are approved for As part of the investment guidelines, granted, copies of the proposed investment by the Plan and allow the appropriateness of the broad asset exemption and grant notice with respect performance to be measured against one classes and asset quality levels will be to the exemptive relief provided herein. or more published indices based upon subject to the review and approval of Upon the selection by a Plan fiduciary recognized industry sources. It is the New York State Insurance of a MetLife Trust GIC, a participant in anticipated that these guidelines will Department (and possibly the insurance a Section 404(c) Plan will be provided vary from one Plan to another. Once the departments of other states). with a summary of the pertinent investment guidelines are established, 10. The value of the Account will be features of the documents listed above they can be changed only by mutual its fair market value (the Market Value). which are deemed appropriate for agreement between MetLife and the In the case of an asset consisting of a distribution to such participant. In Plan sponsor. The investment security for which market quotations are addition, the participant will be given a guidelines will be subject to review by readily available, the quoted Market copy of the operative language of the the New York Department of Insurance Value of such security, as determined by proposed exemption if the Section and possibly, by the insurance the investment manager or the sub- 404(c) Plan has entered into a MetLife departments of other states. manager, will be the fair market value. Trust GIC arrangement before the final Objective performance benchmarks Because MetLife expects the exemption is issued. Further, the for an Account will allow the Plan investments will be composed primarily participant will receive a copy of the sponsor to evaluate the performance of of publicly-traded, fixed income operative language of the final the investment manager or sub-manager. securities, it expects that in virtually all exemption (a) to the extent there have The benchmarks selected for the cases, asset investment values can be been modifications to the operative Account will be appropriate to the determined readily from any of a language of the proposed exemption, or assets and specific investment number of widely-available, (b) the Section 404(c) Plan acquires a objectives of the Account. The independent published sources. MetLife Trust GIC after the final benchmarks will be based on In the case of any other asset, exemption is granted. In the event the objectively-published indices such as quotations will be obtained from broker- participant wishes to review the the Lehman Brothers Intermediate dealers or pricing services that are underlying documents, including the Government/Corporate Index, the independent of MetLife, the investment proposed and final exemptions, such Merrill Lynch Intermediate manager and/or the sub-manager. The information will be made available to Government/Corporate Index, or a asset will be valued based on the the participant upon request. combination of one or more indices, as average of at least three bid and three 6. Plan assets that are invested in a appropriate to the composition of the ask prices obtained from such MetLife Trust GIC will be placed in a Account.1 independent sources. To the extent that segregated custodian account or trust 9. Contributions placed into an account. The Plan sponsor will select an Account will be invested immediately 2 The Department is not proposing, nor it the independent custodian and/or trustee, by the investment manager or, if applicant requesting, exemptive relief herein with with the approval of MetLife. MetLife applicable, sub-manager, primarily in respect to the acquisition and holding of employer will not be a party to the custodial publicly-traded, fixed income securities. debt securities beyond that provided under sections The specific classes of investments 407 and 408 of the Act. agreement or the master trust document. 3 In this regard, it is represented that the use of Thus, each MetLife Trust GIC will have allowed in any particular Account will options and futures contracts will be governed by its own Account. At all times, the Plan, be set forth in the Account’s investment the investment guidelines that are negotiated through the trustee, will own all of the guidelines. These investments may between MetLife and Plan fiduciaries. Any include U.S. Treasury securities, U.S. guidelines permitting investment in derivatives assets in the Account. must be approved by both the Plan fiduciaries and 7. As stated above, MetLife, acting in agency debt, corporate bonds, mortgage- MetLife. The use of derivatives will be for hedging a fiduciary capacity, will generally be backed securities, asset-backed purposes only. Futures contracts will not be the Account’s investment manager. securities, equities, foreign government permitted to be used to leverage a MetLife Trust GIC However, by mutual agreement with the and agency debt, supranational agency and only unaffiliated brokers will be used to debt or other asset classes and employer purchase such contracts. Plan sponsor, MetLife may designate MetLife represents that the yield-to-maturity State Street Research as sub-manager debt securities within the meaning of calculated on equities and hedge securities will be with respect to some or all of the assets calculated, depending on the nature of the Account, in an Account. At its discretion and by 1 It is represented that data from indices such as on a proxy that will provide an equivalent to the agreement with the Plan sponsor, the Lehman Brothers Intermediate Government/ historical yield. MetLife also states that the Credited Corporate Index is available on a daily basis from Rate reset formula will ensure that all market MetLife may also designate an Bloomberg or by subscription from Lehman performance is passed through in future Credited unaffiliated investment manager as sub- Brothers. Rates. Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Notices 54475
quotations cannot be obtained, the (a) The expected yield-to-maturity of To solve the equation for the Credited Market Value of the asset will be based assets in an Account; (b) payments Rate, (i), the formula can be upon an appraisal made by an expected into or out of an Account; and mathematically restated as— independent appraiser selected by (c) the anticipated expenses to be ((MV+CF/GV+CF)*(1+YTM)n)1/n—1=i either the custodian or a Plan sponsor charged under the MetLife Trust GIC.6 The formula then shows that the or fiduciary which is not affiliated with The Credited Rate will not be affected Credited Rate, (i), equals the MetLife, the investment manager, and/ by the length of time that MetLife has Anticipated Yield-To-Maturity of the or the sub-manager.4 managed a MetLife Trust GIC Account. assets in the Account (YTM), adjusted 11. Each MetLife Trust GIC will The period for which the Credited by the difference between the Market provide a Guaranteed Value that will be Rate is in effect will be agreed to in and Guaranteed Values (MV/GV) spread available exclusively for participant- advance by MetLife and the Plan over the portfolio’s Duration (1/n) of the initiated benefit withdrawals. The sponsor and it will not exceed one year.7 Account’s investment portfolio. In other Guaranteed Value is defined as the At the end of this period, on an agreed- words, the starting point for the amount of any contributions, plus upon date, MetLife will reset the Credited Rate will always be the current interest at a credited rate (i.e., the Credited Rate by declaring a new net Anticipated Yield-To-Maturity or Credited Rate), minus withdrawals. It is interest rate (which can never be less the expected return on assets in the expected that the Guaranteed Value and than 0 percent) to be credited to the portfolio. The Credited Rate will then be the Market Value of the Account may Guaranteed Value. The new Credited adjusted to account for the differences differ at any given time. However, Rate will be based upon the criteria between the prior expected returns and MetLife will seek to maintain the noted above and also reflect the the portfolio’s actual returns. To provide Guaranteed Value as reasonably close to amortization of any difference between a smooth pattern of returns for Plan the Market Value by reflecting any the Guaranteed Value and Market Value. participants, MetLife will factor these difference between them in the Credited (The amortization period will be no differences in over time. For example, if 5 Rate. longer than the period specified in the a portfolio has a duration of three years, 12. MetLife will determine the initial MetLife Trust GIC which is typically the one-third of the difference will be Credited Rate by using an objective approximate average duration of the recognized in the current reset. methodology that is fully disclosed and assets in the Account.) The Credited Rate may also be reset agreed to by Plan sponsors. The initial In resetting the Credited Rate, MetLife by MetLife as a result of certain actions Credited Rate will reflect three factors: will utilize the following formula: by a contractholder or in the event of a contract discontinuance. Specifically, (MV+CF)*(1+YTM)n=(GV+CF)*(1+i)n 4 MetLife anticipates that in many cases, the the events that will trigger a reset of the Where— custodian bank will perform the asset valuation Credited Rate before the end of the function in reliance on published sources. If the • MV = Market Value (includes fees assets are not listed in published sources, the stated period are (a) notice of the custodian may ask the investment manager to and expenses) discontinuance of a MetLife Trust GIC, • supply the price. To the extent that MetLife or an CF = Expected Cash Flow (b) Plan contributions beyond those • affiliated manager or sub-manager has the authority GV = Guaranteed Value (includes anticipated under the Plan’s formula, (c) to establish the value of the assets of a MetLife fees and expenses) withdrawals that are not initiated by Trust GIC, MetLife proposes a three-part method in • order of preference: (a) From independent YTM = Anticipated Yield-To- Plan participants, and (d) a Plan published sources, (b) the average of at least three Maturity (net of fees and expenses) fiduciary’s request for an earlier reset. bid and ask prices from independent sources; or (c) • n = Duration Any reset of the Credited Rate will be based on an appraisal by an independent appraiser • 8 which is not selected by or affiliated with MetLife, i = Credited Rate. the investment manager and/or the sub-manager. the period for which the Credited Rate will be 5 For example, assume that the Guaranteed Value 6 The applicant notes that factors (a) and (c), cited effective (i.e., the Credited Rate Period). MetLife of a MetLife Trust GIC is $10,000,000 while its above, are components of the net Anticipated Yield- notes that the Expected Cash Flow is not related to Market Value is $10,250,000. Assume also that the to-Maturity or YTM and that factor (b) comprises any external index but reflects the cumulative effect Anticipated Yield-To-Maturity of such investment the Cash Flow or CF variable in the Credited Rate of individual participants’ asset allocation is 7.25 percent based upon an objective, external reset formula which is discussed later in this decisions. According to MetLife, the level of index and the approximate duration of the MetLife Representation. Expected Cash Flow is determined in consultation Trust GIC is 5.23 years, again based upon an 7 Typical Credited Rate reset dates may occur with the Plan and is based upon the Plan’s external, objective index. Assume further that no monthly, quarterly, semiannually or annually at the historical cash flow pattern as well as expected Plan deposits or withdrawals are ever made to or from choice of the Plan sponsor. For example, during the events. the MetLife Trust GIC. period from 24 to 12 months prior to the final MetLife explains that the Duration is the period The 2.5 percent difference between the Market maturity date of a MetLife Trust GIC (see from the effective date of the Credited Rate reset Value and the Guaranteed Value will be amortized Representation 13), the Credited Rate may be reset until the maturity date or average maturity date. by MetLife over the 5.23 year Duration of the as frequently as quarterly. During the period from MetLife notes that the Credited Rate reset formula MetLife Trust GIC by increasing the Credited Rate. 12 months prior to the final maturity date to the for a MetLife Trust GIC will use the duration of the Therefore, the first year’s addition to the Credited final maturity date, the Credited Rate may be reset index unless specifically requested by the Plan with Rate will be approximately 48 basis points (2.5 as frequently as monthly. MetLife’s consent. MetLife represents that it will percent/5.23 years). 8 In this proposed exemption, MetLife has not calculate the duration of the index. Rather, such Instead of crediting the 7.25 percent anticipated described such components of the Credited Rate calculation will be made by the index provider. yield of the MetLife Trust GIC, MetLife represents reset formula as the Market Value and the According to MetLife, the Yield-to-Maturity is the that participants will be credited with an effective Guaranteed Value. MetLife has further defined the yield of a Treasury security with a comparable annual rate of 7.73 percent for the first year (7.25 terms ‘‘Expected Cash Flow,’’ ‘‘Duration,’’ and duration once a Plan has selected a defined percent + 0.48 percent). ‘‘Yield-to-Maturity,’’ and represents that such maturity date. Prior to the selection of a maturity In the foregoing example, if the Guaranteed Value variables, with the exception of Expected Cash date, MetLife states that the Yield-to-Maturity of the MetLife Trust GIC is $10,000,000 and the Flow, are based upon objective, external criteria component will be the Yield-to-Maturity of an Market Value is $9,750,000, MetLife states that which would be communicated by MetLife to the external index unless specifically requested by the there will be a reduction in the Credited Rate of Plan fiduciary. MetLife also explains that a Plan Plan with MetLife’s consent. MetLife further approximately 48 basis points. Rather than fiduciary would then be able to verify the accuracy represents that the yield-to-maturity of the index crediting participants with the 7.25 percent yield, of the index data directly from the index provider will be calculated by the index provider. participants will be credited with an effective or from a third party news or information source. MetLife further points out that should a Plan annual rate of 6.77 percent for the first year (7.25 MetLife represents that the Expected Cash Flow choose another source for the aforementioned percent—0.48 percent). is the net amount of participant-initiated variables, the source may only be used with For subsequent years, the Credited Rate will be contributions and withdrawals expected to flow MetLife’s consent. MetLife notes that the consent determined in the same manner. into or out of a MetLife Trust GIC Account during must be renewed by the Plan at least annually. 54476 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Notices determined by the Credited Rate reset composition of the MetLife Trust GIC, Trust GIC Account. A non-benefit formula described above and will reflect the investment guidelines and the withdrawal will be made at Market any change in the parameters (such as nature of the Plan. In general, the higher Value. Under these circumstances, Market Value and Guaranteed Value) the dollar investment in a MetLife Trust MetLife will reduce the Guaranteed since the prior reset. Such reset of the GIC, the lower the contract charge. Value by a proportionate amount that Credited Rate will be disclosed to the The contract charge will be calculated bears the same ratio to the entire sponsor of a Plan. Depending upon the monthly by multiplying the specified Guaranteed Value as the amount events causing the rate change, up to 30 percentage of the MetLife Trust GIC’s withdrawn has to the entire Market days’ advance written notice of such average Guaranteed Value for the month Value. change will be given by MetLife to the by an applicable fee schedule 17. MetLife represents that it is 11 Plan fiduciary. Assuming the Plan percentage. MetLife will withdraw the precluded from selling depreciating fiduciary does not agree to the reset contract charge from the Account each assets and retaining appreciating assets under circumstances (b) and (d), such month. Afterwards, MetLife will held in a MetLife Trust GIC Account to fiduciary will be afforded the compensate the affiliated and honor non-benefit withdrawals because opportunity to discontinue the MetLife unaffiliated investment managers and all assets are reported at their current Trust GIC. sub-managers from the contract charge market values. Under such 13. Each MetLife Trust GIC will have unless the Plan fiduciary elects to circumstances, all gains and losses will a defined maturity date or dates selected compensate the investment manager or flow through to the Plan and the Plan by the Plan fiduciary and agreed to by sub-manager directly. will retain ownership of the assets at all 15. In the event of a participant- MetLife. One month before the times. Therefore, MetLife states that the initiated benefit withdrawal, which will anniversary date of the MetLife Trust selection of assets to be liquidated to trigger the Guarantee mechanism in a GIC, MetLife will notify the Plan satisfy a withdrawal request will have fiduciary, in writing, of the impending MetLife Trust GIC, MetLife typically no bearing on the type of withdrawal anniversary of such MetLife Trust GIC, requests written notice of such a benefit transaction. as well as the new reset rate for the withdrawal at least 48 hours in advance. Credited Rate, and afford the fiduciary Sometimes, such a benefit withdrawal 18. MetLife will provide monthly and the opportunity to notify MetLife that it request may be made by a Plan orally quarterly written reports to Plan 12 will affirm the maturity date. If the Plan and then followed by a confirming fax. fiduciaries following their preparation. fiduciary does not inform MetLife, in Under such circumstances, the The monthly report will consist of a writing, prior to the anniversary date of investment manager or the sub-manager Guaranteed Value Statement showing the intention to affirm the maturity date, will make sufficient liquidity available the affected Plan’s MetLife Trust GIC the date will be extended by one year to meet the withdrawal and the balance for the prior month, and the notification procedure will be custodian/trustee will transfer this contributions, withdrawals, transfers, repeated prior to the next impending amount. Such liquidity for participant- interest earned, the current month’s anniversary date of the MetLife Trust initiated benefit withdrawals will be ending balance for the MetLife Trust GIC.9 Upon the maturity of a MetLife made by MetLife at the Guaranteed GIC, the current credited interest rate Trust GIC, MetLife represents that if the Value of the Account. No additional fees and a summary of transactions. MetLife Market Value of the assets invested in will be charged. If the investment represents that the monthly report will the MetLife Trust GIC is less than the manager or sub-manager has liquidated not reflect the Market Value because the amount initially placed in the Account more assets than are needed to meet the assets that comprise the Market Value plus guaranteed interest at the Credited benefit withdrawal, the excess will be are owned by the Plan and are held in Rate, it will make up the difference. immediately reinvested. the Plan’s MetLife Trust GIC Account. Such amount will be adjusted for 16. In addition to participant-initiated Because these are Plan assets, MetLife interim contributions and withdrawals. benefit withdrawals, the Plan sponsor explains that the Plan fiduciary can As an additional benefit, MetLife states can choose to withdraw funds from a check the Market Value of the Account that if at maturity the Market Value of MetLife Trust GIC at any time. In a non- whenever he or she may so choose. a MetLife Trust GIC exceeds the benefit withdrawal, the Plan fiduciary MetLife further notes that it expects the Guaranteed Value, the Plan will retain will remove assets from the MetLife trustee or custodian of the Account will the full Market Value appreciation of generate this type of information to the the underlying assets. 11 MetLife has constructed the following fee Plan fiduciary. 14. The Plan sponsor will pay MetLife schedule to illustrate its contract charges under a The quarterly report will consist of a hypothetical arrangement: a single contract charge that is based • Market Value Statement which will upon a specified percentage of the First $100 million—50 basis points; • Next $100 million—45 basis points; reflect the prior quarter’s ending market Guaranteed Value. The contract charge • Excess over $200 million—35 basis points. value for a Plan’s MetLife Trust GIC will include management fees, risk MetLife notes that due to the bundled nature of (based upon data provided to MetLife by charges and administrative expense the fees and the fee variations among the the trustee or the custodian), charges, all of which will not exceed investment managers and sub-managers, it would contributions, withdrawals, the fees reasonable compensation within the be impossible to forecast precisely how MetLife would allocate the investment management paid to MetLife from which MetLife will meaning of section 408(b)(2) of the component of such fees among the managers. make payments to an investment Act.10 The contract charge, which will However, MetLife explains that a recent survey of manager or sub-manager, if applicable, be negotiated by MetLife with each Plan institutional investment managers indicated that investment income, realized capital fiduciary, will be influenced by the fees for managing this type of assets could range from 12 to 44 basis points. Therefore, MetLife gains and/or losses from sales, changes expects that at least initially, the investment in unrealized appreciation of assets, the 9 MetLife notes that the procedures governing the management component of the contract charge that current quarter’s ending market value maturity date of a MetLife Trust GIC will not affect is paid by MetLife to State Street Research or any and rate of return, and a summary of the ability of a Plan fiduciary to discontinue such other affiliated or unaffiliated investment manager investment as described in Representation 19. or sub-manager for managing a MetLife Trust GIC 10 The Department expresses no opinion herein should be close or within this range. MetLife further 12 The reports described above may also be on whether such compensation will satisfy the explains that in no event will such fees exceed provided by Plans to Plan participants upon such terms and conditions of section 408(b)(2) of the Act. reasonable compensation. participants’ request. Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Notices 54477 transactions.13 In addition to the Market fully liquidated and distributed to the MetLife Trust GIC without recognizing a Value Statement, MetLife will provide a Plan in cash. 14 loss in value to participant accounts. 15 Guaranteed Value Statement to the Plan (a) Reversion Option. With respect to Assuming this investment option is fiduciary on a quarterly basis. this option, management of the Account selected, MetLife will disclose in Although there is no specific may revert to the Plan sponsor. Under advance to a Plan fiduciary, and if requirement that MetLife issue an such circumstances, the Plan sponsor applicable, to a Plan participant, annual report, the Plan fiduciary will be will receive the MetLife Trust GIC pertinent features regarding the MetLife provided with either an annual portfolio portfolio intact with whatever Conventional GIC including a listing or a letter describing key events. appreciation or depreciation has representation to the effect that although Any further information provided to the occurred. In the event of a loss, MetLife a MetLife Conventional GIC may Plan fiduciary will depend upon will not be required to make restitution guarantee principal, it may have a particular arrangements with such to the Plan sponsor because the sponsor credited rate of 0 percent. 16 fiduciary. will receive the actual results of (c) Cash Distribution Option. Under In addition to the aforementioned investment performance. In the event of this option, the Plan sponsor may agree reports, MetLife will maintain books a gain, MetLife will not be permitted to to a cash distribution whereby the Plan and records of each MetLife Trust GIC retain the gain and the Plan will benefit will receive the full Market Value of the transaction for a period of six years. from the full amount of the gain. Account including any appreciation or Such books and records will be subject losses that have occurred. to annual audit by independent, (b) The MetLife Conventional GIC 21. In summary, it is represented that certified public accountants. Option. If a MetLife Trust GIC is the transactions have satisfied or will 19. A Plan sponsor may discontinue discontinued at a time when there are satisfy the statutory criteria for an a MetLife Trust GIC at any time and for losses and other than for cause, the Plan exemption under section 408(a) of the any reason. However, MetLife may sponsor may select the second option by Act because: discontinue the MetLife Trust GIC for liquidating the Account in order to (a) The decision to enter into a cause only (e.g., a Plan’s purchase a MetLife Conventional GIC. MetLife Trust GIC has been made and disqualification), a material breach of The MetLife Conventional GIC will be will be made on behalf of a participating the MetLife Trust GIC (e.g., a Plan identical to a traditional GIC which Plan in writing by a fiduciary of such sponsor’s encouraging participants to could be purchased by a Plan fiduciary Plan who is independent of MetLife. withdraw or transfer funds invested in with ‘‘new money’’ except that the (b) Each Plan investing in a MetLife a MetLife Trust GIC) or a material maturity structure and credited rate will Trust GIC has and will have assets that alteration of a Plan’s practices and reflect the experience of the MetLife are in excess of $25 million. procedures as specified in the MetLife Trust GIC. The maturity date (or average (c) Prior to and subsequent to the Trust GIC. Assets that are held in a maturity date, as appropriate) of the execution of the MetLife Trust GIC, the MetLife Trust GIC will be valued in MetLife Conventional GIC may not Plan fiduciary, and if applicable, Plan accordance with the valuation exceed the duration of the index that participants, have received and will methodology described above in has been used to set the MetLife Trust receive written disclosures of all Representation 10. If the discontinuance GIC’s Credited Rate, unless agreed to by material features concerning the MetLife occurs prior to the maturity date, the the Plan fiduciary. The credited rate of Trust GIC, including a description of all assets of the MetLife Trust GIC will be the MetLife Conventional GIC will applicable fees and charges, as well as liquidated at the Market Value. reflect the rate MetLife is then offering ongoing disclosures with respect to such However, if the discontinuance occurs for GICs with similar average maturity investment. at the maturity date of the MetLife Trust dates, adjusted so that any market value (d) As to each Plan, the combined GIC, the underlying assets will be loss or gain present in the MetLife Trust total of all fees and charges imposed liquidated at the greater of the GIC will be amortized over the period under a MetLife Trust GIC has not and Guaranteed Value or the Market Value. ending with the final maturity date of will not be in excess of ‘‘reasonable Neither MetLife nor any investment the MetLife Conventional GIC. The compensation’’ within the meaning of manager or sub-manager will have the credited rate for the MetLife section 408(b)(2) of the Act. right to purchase or otherwise acquire Conventional GIC will also be fixed for (e) Each MetLife Trust GIC has these assets. In addition, no surrender or the entire contractual period and it provided and will specifically provide withdrawal fees will be paid to MetLife cannot be lower than 0 percent. an objective method for determining the or to any investment manager or sub- MetLife represents that under this fair market value of the securities manager upon the discontinuance of a option, Plan participants will continue owned by the Plan pursuant to such MetLife Trust GIC. to have full access to their accounts on GIC. 20. If a MetLife Trust GIC is the basis of the guaranteed amount of (f) MetLife has maintained and will discontinued prior to maturity, three the MetLife Conventional GIC which maintain for a period of six years from options will generally be available. The they may withdraw or transfer, as the date of each MetLife Trust GIC assets of a MetLife Trust GIC Account permitted under the terms of the Plan, may (a) revert to the Plan sponsor, (b) at any time (including the day following 15 Assuming a Plan sponsor directs participants to be converted into a MetLife ‘‘benefit the conversion), and without withdraw their account balances from a MetLife responsive, nonparticipating, general interruption. In practice, this means that Conventional GIC, MetLife reserves the right not to account conventional GIC (i.e., the honor withdrawals based upon the guaranteed even if the Market Value of a MetLife value of the GIC. MetLife Conventional GIC) or (c) be Trust GIC Account is less than its 16 The Department notes that the decision by a Guaranteed Value, the Plan fiduciary Plan fiduciary to convert a MetLife Trust GIC into 13 It is represented that the Guaranteed Value will have the option to discontinue the a MetLife Conventional GIC, which guarantees Statement does not include a separate entry for fees principal but provides a below market rate of return because fees are reflected in the Credited Rate and (e.g., 0 percent), is subject to the provisions of are not deducted separately from the Guaranteed 14 MetLife represents that it will not be precluded section 404 of the Act. Accordingly, the Department Value. It is also represented that a custodian or from presenting a Plan sponsor with other options emphasizes that it expects the Plan fiduciary to trustee of a MetLife Trust GIC may provide periodic that are deemed to be better-suited to the needs of evaluate fully the terms of this investment option statements to a Plan fiduciary. the Plan. before electing a MetLife Conventional GIC. 54478 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Notices transaction, books and records of such (c) The sale of the Note represents a had been executed contemporaneously transactions that will be audited one-time transaction for cash. with the Note. annually by independent, certified (d) The fair market value of the Note 4. Currently, the Property consists of public accountants. is determined by a qualified, an abandoned shell having multiple apartments. There is no glass in the Notice to Interested Persons independent appraiser. (e) As consideration for the Note, the windows and water damage has been Notice of the proposed exemption Account receives an amount that is no extensive. In addition, Mr. Torres has will be given to interested persons less than the fair market value of the filed for bankruptcy and is unable to within 60 days of the date of publication Note as of the date of the sale. make payments under the Note. of the notice of pendency in the Federal Although foreclosure on the Property Register. Such notice will be mailed by Summary of Facts and Representations has been considered as a way of MetLife to Plan fiduciaries that have 1. The Plan is a defined contribution recouping the Account’s investment in already entered into MetLife Trust GIC plan sponsored by Valley Forge the Note, Mr. Eyer does not believe the arrangements. The notice will include Consulting Corporation, a pension potential value of the Property will (a) a copy of the proposed exemption, as design and administration firm cover over $15,000 in back taxes, $2,000 published in the Federal Register, maintaining its principal place of in back utilities and the second which will be given to the Plan business in King of Prussia, mortgage. Therefore, Mr. Eyer proposes fiduciaries, (b) the text of the operative Pennsylvania. The Plan provides for to purchase the Note from his Account portion of the proposed exemption, participant-directed investments. As of in order that the sale proceeds may be which will be distributed by Plan May 16, 1997, the Plan had 19 invested by his Account in performing fiduciaries to Plan participants in participants, one of whom included Mr. assets. Section 404(c) Plans, and (c) a Eyer who serves as a Plan trustee. The 5. The Note has been appraised by supplemental statement, as required other trustees of the Plan are Jack C. Vincent DiPentino, a licensed real estate pursuant to 29 CFR 2570.43(b)(2). The Holland, W. Gerald Murphy and salesman and broker. Mr. DiPentino is supplemental statement will inform affiliated with the real estate firm of Leonard A. Mayo. As of February 28, interested persons of their right to Century 21-DiPentino Associates, which 1996, the Plan had net income of comment on and/or to request a hearing is located in Philadelphia, $743,918. Also on that date, Mr. Eyer with respect to the pending exemption. Pennsylvania. had $514,027 in his individual Account Comments and hearing requests Mr. DiPentino represents that he has in the Plan. regarding the proposed exemption will been in the real estate business in the be due 90 days from the publication of 2. Mr. Eyer requests an administrative Philadelphia area since 1978 and states the notice of proposed exemption in the exemption from the Department in order that he has bought and sold properties Federal Register. to purchase a defaulted mortgage note both as principal and agent in the (the Note) from his Account in the Plan. FOR FURTHER INFORMATION CONTACT: vicinity of the Property. Mr. DiPentino Ms. The Note, dated August 3, 1990, is a Jan D. Broady of the Department, also states that he is independent of the first mortgage note that was executed parties involved in the proposed sale. telephone (202) 219–8881. (This is not between the Account, as lender, and a toll-free number.) In an appraisal report dated June 23, Willie Torres, an unrelated party, as the 1997, Mr. DiPentino has determined the Valley Forge Consulting Corporation, borrower. The Note is secured by a fair market value of the Note by first Profit Sharing Trust (the Plan), Located parcel of improved real property located examining the fair market value of the in King of Prussia, PA at 629–631–633 W. Girard Avenue and underlying Property. In this regard, he [Application No. D–10466] 1213 N. Seventh Street, Philadelphia, notes that the Property is located in a Pennsylvania (the Property). The Note distressed section of Philadelphia and Proposed Exemption was in the original principal amount of has incurred substantial deterioration. The Department is considering $22,000 and carried interest at the rate Based on sales of comparable rental granting an exemption under the of 141⁄2 percent per annum. The Note properties, he concludes that the fair authority of section 408(a) of the Act required 60 monthly payments of market value of the Property is and section 4975(c)(2) of the Code and principal and interest in the amount of approximately $35,000 as of June 23, in accordance with the procedures set $269. It was amortized on the basis of 1997. However, from this base value, forth in 29 CFR Part 2570, Subpart B (55 a 30 year amortization schedule and Mr. DiPentino notes that the following FR 32836, 32847, August 10, 1990). If matured on August 2, 1995. The Note costs must be deducted: (a) $3,000 in the exemption is granted, the required a balloon payment at maturity. selling costs, (b) $16,000 in outstanding restrictions of sections 406(a), 406 (b)(1) 3. From August 1990 until July 1995, taxes, and (c) $2,000 in outstanding and (b)(2) of the Act and the sanctions Mr. Eyer’s Account received 59 monthly water and sewer bills. In addition, resulting from the application of section payments under the Note totalling because the Note is in default, Mr. 4975 of the Code, by reason of section $15,895 and it paid $211 in connection DiPentino states that it will be necessary 4975(c)(1) (A) through (E) of the Code, with the Note’s administration. Because to foreclose on the Property, an action shall not apply to the proposed sale of Mr. Torres made no further payments that will result in additional costs of a first mortgage note (the Note) by the after July 1995, the Note was considered approximately $3,000. Thus, individually-directed account (the to be in default. At the time of the considering the foregoing factors as well Account) in the Plan of Steven R. Eyer default, the Note had an outstanding as conversations with other parties to Mr. Eyer, provided— principal balance of $21,695. Moreover, potentially interested in purchasing the (a) The terms of the transaction are at at the time of the default, there was a Note, Mr. DiPentino has placed the least as favorable to the Account as second mortgage on the Property in the maximum fair market value of the Note those obtainable in an arm’s length principal amount of $38,150 which had at $10,000 as of June 23, 1997. transaction with an unrelated party. been provided by Milton and Sandra 6. Mr. Eyer proposes to purchase the (b) The Account is not required to pay Klein, the original owners of the Note from his Account for $10,000, any fees, commissions or other expenses Property as well as unrelated parties, to which represents the fair market value in connection with the sale. Mr. Torres. The second mortgage note of the Note as determined by Mr. Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Notices 54479
DiPentino.17 Mr. Eyer will not pay his through (E) of the Code, shall not apply inspecting the Property, Mr. Hartman Account accrued interest with respect to to the proposed cash sale (the Sale) of determined that a fee simple interest in the Note inasmuch as all such interest a certain parcel of real property (the the Property is worth $171,600. had been paid through the date of Property) by the IRA 18 to Robert A. In his appraisal, Mr. Hartman relied default. The Account will not incur any Doneff (Mr. Doneff), a disqualified primarily on the market approach. This sales commissions, fees or other person with respect to the IRA, method of appraisal involves an expenses in connection with the provided that the following conditions analysis of similar recently sold proposed sale. All transactional costs are met: properties in the area in question, so as will be borne entirely by Mr. Eyer. (a) The Sale is a one-time transaction to derive the most probable sales price 7. In summary, it is represented that for cash; of the Property. Mr. Hartman the proposed transaction will satisfy the (b) The terms and conditions of the determined the present highest and best statutory criteria for an exemption Sale are at least as favorable to the IRA use for the Property to be agricultural. under section 408(a) of the Act because: as those obtainable in an arm’s length However, due to the proximity of the (a) The terms of the transaction will transaction with an unrelated party; Property to the City of Manitowoc, Mr. be at least as favorable to the Account (c) the IRA receives the fair market Hartman also considered the potential as those obtainable in an arm’s length value of the Property, as established at of the Property as a rural building site transaction with an unrelated party. the time of the Sale by a qualified, or, in case of its annexation by the City (b) The Account will not be required independent appraiser; and of Manitowoc, a residential building to pay any fees, commissions or other (d) the IRA is not required to pay any site. expenses in connection with the sale. commissions, costs, or other expenses in Mr. Hartman states that he is a full (c) The sale of the Note will represent connection with the Sale. time qualified, independent appraiser, a one-time transaction for cash. Summary of Facts and Representations as demonstrated by his status as a (d) The fair market value of the Note Senior Member of the National has been determined by a qualified, 1. The IRA is an individual retirement Association of Real Estate Appraisers. independent appraiser. account, as described under section He has over 20 years experience and is (e) As consideration for the Note, the 408(a) of the Code. The IRA was familiar with the market changes and Account will receive an amount that is established by Mr. Doneff, the sole current market conditions pertaining to no less than the fair market value of the participant and beneficiary. As of June real estate in Manitowoc County, Note as of the date of the sale. 1997, the IRA held assets valued at Wisconsin. In addition, Mr. Hartman approximately $179,500. The trustee of represents that both he and his firm are Notice to Interested Persons the IRA is the First National Bank of independent of Mr. Doneff and that he Because Mr. Eyer is the only Manitowoc. possesses no present or future interest participant in the Plan whose Account 2. The Property consists of a single in the Property. in the Plan will be affected by the parcel located north of Manitowoc, 5. The applicant requests an proposed transaction, the Department Wisconsin. It consists of approximately exemption for the proposed sale of the has determined that there is no need to 71.5 acres of level to gently rolling land Property by the IRA to Mr. Doneff. As distribute the notice of proposed zoned for agricultural use and noted above, the IRA would receive exemption to interested persons. surrounded by other properties utilized cash for the Property in an amount However, comments and requests for a for agricultural purposes. Although the equal to the fair market value of such hearing must be received by the zoning also permits building of single Property, as determined by a qualified, Department within 30 days of the family residences with a minimum of independent appraiser at the time of the publication of this notice of proposed five (5) acre lots and 330 feet of road Sale. exemption in the Federal Register. frontage, the Property is presently used The applicant represents that the FOR FURTHER INFORMATION CONTACT: Ms. to grow crops. Mr. Doneff represents proposed transaction would be Jan D. Broady of the Department, that he does not own any land adjacent administratively feasible in that it telephone (202) 219–8881. (This is not to the Property and that the Property has would be a one-time transaction for a toll-free number.) not been leased or used by any cash. Furthermore, the applicant states disqualified persons. that the transaction would be in the best Robert A. Doneff Custodial IRA (the 3. According to the applicant, the IRA interests of the IRA because it would IRA) Located in Manitowoc, WI originally acquired the Property as a real allow the IRA to dispose of the Property, [Application No. D–10480] estate investment. The IRA purchased thus enabling the IRA to diversify the the Property in 1993 from an unrelated investments and facilitate distributions Proposed Exemption third party in a cash transaction for from the IRA when appropriate. Finally, The Department is considering $74,000. Since acquiring the Property, the applicant asserts that the transaction granting an exemption under the the IRA has rented it for agricultural will be protective of the rights of the authority of section 4975(c)(2) of the usage at a rate of $45 per acre per year participant and beneficiary as indicated Code and in accordance with the and has generated a net income of by the fact that the IRA will receive the procedures set forth in 29 CFR Part $6,095.43. fair market value of the Property, as 2570, Subpart B (55 FR 32836, August 4. Lyle J. Hartman (Mr. Hartman), an determined by a qualified, independent 10, 1990). If the exemption is granted, accredited appraiser with Lyle Hartman, appraiser on the date of sale and will the sanctions resulting from the Appraisals, located in Manitowoc, WI, incur no commissions, costs, or other application of section 4975 of the Code, originally appraised the Property on expenses as a result of the Sale. by reason of section 4975(c)(1) (A) March 22, 1997, and updated his 6. In summary, the applicant appraisal on September 9, 1997. After represents that the proposed transaction 17 It should be noted that the $11,695 ‘‘loss’’ or satisfies the statutory criteria of section differential between the outstanding principal 18 Because Mr. Doneff is the only participant in 4975(c)(2) of the Code because: (a) The balance of the Note ($21,695) and its independently the IRA, there is no jurisdiction under 29 CFR appraised value ($10,000) will only affect Mr. Eyer’s § 2510.3–3(b). However, there is jurisdiction under terms and conditions of the Sale would Account in the Plan rather than the accounts of the Title II of the Act pursuant to section 4975 of the be at least as favorable to the IRA as other Plan participants. Code. those obtainable in an arm’s length 54480 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Notices transaction with an unrelated third (3) The proposed exemptions, if 10, 1997, and December 11, 1997. party; (b) the Sale would be a one-time granted, will be supplemental to, and Location changed to Building 1202A. cash transaction allowing the IRA to not in derogation of, any other FOR FURTHER INFORMATION CONTACT: Ms. diversify its investments and facilitate provisions of the Act and/or the Code, Gloria Hernandez, National Aeronautics the making of distributions from the IRA including statutory or administrative and Space Administration, Mail Stop when appropriate; (c) the IRA would exemptions and transitional rules. 113, Langley Research Center, Hampton, receive the fair market value of the Furthermore, the fact that a transaction VA 23681–0001, 757/864–6033. Property, established by a qualified, is subject to an administrative or independent appraiser as of the date of statutory exemption is not dispositive of It is imperative that the meeting be sale; (d) the IRA would not be required whether the transaction is in fact a held on these dates to accommodate the to pay any commissions, costs, or other prohibited transaction; and scheduling priorities of the key expenses in connection with the Sale; (4) The proposed exemptions, if participants. Visitors will be requested and (e) Mr. Doneff has determined that granted, will be subject to the express to sign a visitors register. the proposed Sale of the Property would condition that the material facts and Dated: October 10, 1997. be feasible, in the best interests of the representations contained in each Alan M. Ladwig, IRA, and protective of the participant application are true and complete, and Associate Administrator for Policy and Plans. and beneficiary. that each application accurately [FR Doc. 97–27650 Filed 10–17–97; 8:45 am] describes all material terms of the Notice to Interested Persons transaction which is the subject of the BILLING CODE 7510±01±M Because Mr. Doneff is the only exemption. participant in the IRA, it has been Signed at Washington, DC, this 15th day of NATIONAL AERONAUTICS AND determined that there is no need to October, 1997. SPACE ADMINISTRATION distribute the notice of proposed Ivan Strasfeld, exemption (the Notice) to interested Director of Exemption Determinations, [Notice (97±155)] persons. Comments and requests for a Pension and Welfare Benefits Administration, hearing are due thirty (30) days after U.S. Department of Labor. NASA Advisory Council (NAC), publication of the Notice in the Federal [FR Doc. 97–27701 Filed 10–17–97; 8:45 am] Technology and Commercialization Register. BILLING CODE 4510±29±P Advisory Committee (TCAC); Meeting FOR FURTHER INFORMATION CONTACT: Mr. James Scott Frazier, telephone (202) AGENCY: National Aeronautics and 219–8881. (This is not a toll-free NATIONAL AERONAUTICS AND Space Administration. number). SPACE ADMINISTRATION ACTION: Notice of meeting. General Information [Notice (97±153)] The attention of interested persons is SUMMARY: In accordance with the NASA Advisory Council, Aeronautics directed to the following: Federal Advisory Committee Act, Public and Space Transportation Technology (1) The fact that a transaction is the Law 92–463, as amended, the National Advisory Committee (ASTTAC); subject of an exemption under section Aeronautics and Space Administration Airframe Systems Subcommittee; 408(a) of the Act and/or section announces a meeting of the NASA Meeting 4975(c)(2) of the Code does not relieve Advisory Council, Technology and a fiduciary or other party in interest of AGENCY: National Aeronautics and Commercialization Advisory disqualified person from certain other Space Administration. Committee. provisions of the Act and/or the Code, ACTION: Notice of meeting change. DATES: November 5, 1997, 8:30 a.m. to including any prohibited transaction 5:00 p.m.; November 6, 1997, 8:30 a.m. provisions to which the exemption does Federal Register Citation of Previous to noon and 2:00 p.m. to 3:00 p.m. not apply and the general fiduciary Announcement: 62 FR 50965, notice responsibility provisions of section 404 number 97–141, September 29, 1997. ADDRESSES: National Aeronautics and of the Act, which among other things Previously Announced Dates and Space Administration, Room MIC–7, require a fiduciary to discharge his Addresses of Meeting: October 21, 1997, 300 E Street, SW, Washington, DC duties respecting the plan solely in the 8:00 p.m. to 4:30 p.m., October 22, 1997, 20546. 8:00 a.m. to 4:30 p.m., and October 23, interest of the participants and FOR FURTHER INFORMATION CONTACT: beneficiaries of the plan and in a 1997, 8:00 a.m. to 12:30 p.m. National prudent fashion in accordance with Aeronautics and Space Administration, Mr. Gregory M. Reck, Code AF, National section 404(a)(1)(b) of the act; nor does Langley Research Center, Hampton, VA Aeronautics and Space Administration, it affect the requirement of section 23681–0001. Washington, DC (202/358–4700). 401(a) of the Code that the plan must October 21, 1997: Building 1219, Room SUPPLEMENTARY INFORMATION: The operate for the exclusive benefit of the 225 meeting will be open to the public up employees of the employer maintaining October 22, 1997: Building 1229, Room to the seating capacity of the room. The the plan and their beneficiaries; 124 (Structures and Materials); agenda for the meeting is as follows: Building 1212, Room 200 (2) Before an exemption may be • NASA Enterprise Presentations granted under section 408(a) of the Act (Aerodynamics and • and/or section 4975(c)(2) of the Code, Aerothermodynamics); Building Review Status of Office of Chief the Department must find that the 1268A, Room 1141 (Airborne Technologist exemption is administratively feasible, Systems) It is imperative that the meeting be in the interests of the plan and of its October 23, 1997: Building 1219, Room held on these dates to accommodate the participants and beneficiaries and 225 scheduling priorities of the key protective of the rights of participants Changes in the Meeting: Dates participants. Visitors will be requested and beneficiaries of the plan; changed to December 9, 1997, December to sign a visitor’s register. Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Notices 54481
Dated: October 14, 1997. PLACE: Board Room, 7th Floor, Room Science Study (TIMSS). It provides Alan M. Ladwig, 7047, 1775 Duke Street, Alexandria, VA national data on 26 indicators and state Advisory Committee Management Officer, 22314–3428. data on 33 indicators for the eight National Aeronautics and Space STATUS: Closed. National Education Goals. Administration. The second item on the agenda will [FR Doc. 97–27723 Filed 10–17–97; 8:45 am] MATTERS TO BE CONSIDERED: have the Panel receive and discuss the BILLING CODE 7510±01±M 1. Two (2) Administrative Actions policy recommendations of its Goals 3/ under Sections 125, 205 and 206 of the 4/5 Standards Implementation Advisory Federal Credit Union Act. Closed Group. pursuant to exemption (8). Dated: October 15, 1997. NATIONAL CREDIT UNION 2. Three (3) Administrative Actions Ken Nelson, ADMINISTRATION under Section 206 of the Federal Credit Executive Director, National Education Goals Union Act. Closed pursuant to Panel. Sunshine Act Meetings exemptions (5), (7), (8) and (10). [FR Doc. 97–27717 Filed 10–17–97; 8:45 am] 3. One (1) Personnel Action. Closed TIME AND DATE: 10:00 a.m., Wednesday, BILLING CODE 4010±01±M October 22, 1997. pursuant to exemptions (2) and (6). PLACE: Board Room, 7th Floor, Room FOR FURTHER INFORMATION CONTACT: Becky Baker, Secretary of the Board, 7047, 1775 Duke Street, Alexandria, VA SECURITIES AND EXCHANGE Telephone (703) 518–6304. 22314–3428. COMMISSION Becky Baker, STATUS: Open. Secretary of the Board. [Rel. No. IC±22855; File No. 812±10622] MATTERS TO BE CONSIDERED: [FR Doc. 97–27781 Filed 10–16–97; 1:10 pm] Acacia National Life Insurance 1. Request from a Federal Credit BILLING CODE 7535±01±M Company, Inc., et al. Union to Convert to a Community Charter. October 10, 1997. 2. Requests from Two (2) Federal NATIONAL EDUCATION GOALS AGENCY: Securities and Exchange Credit Unions to Convert to Low-Income PANEL Commission (‘‘SEC’’ or ‘‘Commission’’). Community Charters. ACTION: Notice of Application for an 3. Request from a Credit Union to Notice of a Meeting Order under Section 26(b) of the Convert to Private Insurance. AGENCY: National Education Goals Investment Company Act of 1940 (the 4. Appeal from a Federal Credit Union Panel. ‘‘Act’’) approving proposed of the Regional Director’s Denial of a substitutions of securities. Field of Membership Expansion ACTION: Notice of meeting. Request. SUMMARY OF APPLICATION: Applicants SUMMARY: This notice sets forth the date 5. Delegations of Authority. seek an order to permit the substitution and location of a forthcoming meeting of of shares of the Neuberger & Berman 6. Request from a Federal Credit the National Education Goals Panel. Union to Merge and Convert Insurance. Advisors Management Trust Limited This notice also describes the functions Maturity Bond Portfolio (‘‘N&B Bond 7. Request from a Federal Credit of the Panel. Union to Convert and Merge into a Portfolio’’) for shares of the Strong Federal Mutual Savings Association. DATES AND TIMES: Wednesday, November Advantage Fund II (‘‘Strong 8. Request from a Corporate Federal 5, 1997 from 9:00 a.m. to 11:00 a.m. Advantage’’) and the substitution of Credit Union for a Field of Membership ADDRESSES: Hyatt Regency Washington shares of Acacia Capital Corporation Amendment. on Capitol Hill, 400 New Jersey Avenue, Calvert Responsibly Invested Balanced 9. Notice of Proposed Rulemaking: NW, Columbia Ballroom B, Washington, Portfolio (‘‘Calvert Balanced Portfolio’’) Amendments to Part 792, Subpart A, DC 20001. for shares of the Strong Asset Allocation NCUA’s Rules and Regulations, FOR FURTHER INFORMATION: Fund II (‘‘Strong Asset Allocation’’ and, Procedures for Processing Freedom of Ken Nelson, Executive Director, 1255 collectively with Strong Advantage, the Information Act Requests for NCUA 22nd Street, NW, Suite 502, ‘‘Strong Funds’’). Records. Washington, DC 20037. Telephone: APPLICANTS: Acacia National Life 10. Final Rule: Amendments to Part (202) 724–0015. Insurance Company (‘‘Acacia 792, Subpart C, and Section 792.4, SUMMARY: National Education Goals National’’), Acacia National Life NCUA’s Rules and Regulations, Panel was established to monitor, Insurance Company Variable Life Production of Nonpublic Records and measure and report state and national Separate Account I (‘‘Separate Account Testimony of NCUA Employees in Legal progress toward achieving the eight I’’), Acacia National Life Insurance Proceedings. National Education Goals, and report to Company Variable Annuity Separate 11. Proposed Amendments to the states and the Nation on that Account II (‘‘Separate Account II’’, Interpretative Ruling and Policy progress. together with Separate Account I, the Statement (IRPS) 94–1, Chartering AGENDA ITEMS: The meeting of the Panel ‘‘Separate Accounts’’). Manual. is open to the public. The first item on FILING DATES: The application was filed 12. Overhead Transfer Rate. the agenda is the release of the 1997 on April 17, 1997, and amended on 13. National Credit Union Share National Education Goals Report. The September 25, 1997. Insurance Fund (NCUSIF) Dividend for theme of this year’s report is HEARING OR NOTIFICATION OF HEARING: An 1997 and NCUSIF Insurance Premium ‘‘Mathematics and Science Achievement order granting the application will be for 1998. for the 21st Century.’’ The report issued unless the Commission orders a RECESS: 12:00 Noon. highlights student achievement in math hearing. Interested persons may request TIME AND DATE: 1:00 p.m., Wednesday, and science, with a special emphasis on a hearing on the application by writing October 22, 1997. the Third International Math and to the Secretary of the SEC and serving 54482 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Notices the Applicants with a copy of the Strong Capital Management, Inc. fixed-income investments, the Calvert request, in person or by mail. Hearing (‘‘SCM’’) is the investment adviser. Balanced Portfolio normally invests in requests must be received by the Strong Advantage seeks to provide investment grade bonds but may invest Commission by 5:30 pm., on November current income with a low degree of up to 20% of its assets in obligations 4, 1997, and accompanied by proof of share-price fluctuation by investing in rated lower than B. No more than 10% service on the Applicants in the form of ultra short term, investment grade debt of assets may be invested in privately an affidavit or, for lawyers, a certificate obligations; its average effective placed instruments. Each investment of of service. Hearing requests should state portfolio maturity is normally less than the Calvert Balanced Portfolio is the nature of the writer’s interest, the one year. Strong Advantage is designed selected with a concern for its social reason for the request and the issues for investors who seek higher yields impact. contested. Persons who wish to be than money market funds and who are 7. On November 1, 1996, SCM notified of a hearing may request willing to accept some modest principal notified Acacia National that Strong notification by writing to the Secretary fluctuation in order to achieve that Variable Funds intended to cease of the SEC. objective. Under normal market offering shares of the Strong Funds for ADDRESSES: Secretary, Securities and conditions, at least 75% of its net assets inclusion in variable polices due to the Exchange Commission, 450 Fifth Street, are invested in investment grade debt small amount of assets in the two N.W., Washington, D.C. 20549. obligations. Strong Advantage may also portfolios and the corresponding Applicants, c/o Ellen Jane Abromson, invest up to 25% of its net assets in non- absence of economies of scale. New Esq., Acacia National Life Insurance investment grade debt obligations that allocations to the Strong Funds are no Company, 7315 Wisconsin Avenue, are rated in the fifth-highest rating longer permitted. Bethesda, Maryland 20814. category or in unrated securities of 8. Acacia National proposes to comparable quality. FOR FURTHER INFORMATION CONTACT: provide policyowners with the option to 4. Strong Asset Allocation is also a transfer into any of the other portfolios Joyce Merrick Pickholz, Senior Counsel, series of Strong Variable Funds for or Kevin M. Kirchoff, Branch Chief, offered under the Policies. However, which SCM is the advisor. Strong Asset because some policyowners will not Office of Insurance Products, Division of Allocation seeks high total return Investment Management, at (202) 942– voluntarily transfer from the affected consistent with reasonable risk over the sub-accounts, Acacia National proposes 0670. long term by allocating its assets among SUPPLEMENTARY INFORMATION: The to substitute shares of the N&B Bond a diversified portfolio of equity Portfolio for shares of Strong Advantage following is a summary of the securities, bonds and short-term fixed- application. The complete application is and Calvert Balanced Portfolio shares income securities with benchmark for shares of Strong Asset Allocation in available for a fee from the SEC’s Public allocations of 60% stock, 35% bonds the sub-accounts. Reference Branch, 450 Fifth Street, and 5% cash. N.W., Washington D.C. (tel. (202) 942– 5. N&B Bond Portfolio is a portfolio of 9. The Policies give Acacia National 8090). the Neuberger & Berman Advisors the right to eliminate or add sub- accounts, combine two or more sub- Applicants’ Representations Management Trust. As a feeder fund in a ‘‘master-feeder’’ arrangement, the fund accounts, or substitute one or more new 1. Acacia National is a stock life invests its assets in a corresponding underlying mutual funds or portfolios insurance company organized under the series, AMT Limited Maturity Bond for others in which one or more sub- laws of Virginia. Acacia National is a Investments (‘‘AMT Series’’), of accounts are invested. These contractual wholly owned subsidiary of Acacia Advisors Management Trust, an open- provisions are disclosed in the Mutual Life Insurance Company, a end management investment company prospectuses or statements of additional mutual life insurance company registered under the 1940 Act. The information relating to the Policies. chartered by special act of Congress and investment objective of the N&B Bond 10. Acacia National will schedule the subject to the laws of the District of Portfolio and the AMT Series is to substitutions to occur as soon as Columbia. The Separate Accounts were provide the highest current income practicable following the issuance of an established by Acacia National under consistent with low risk to principal exemptive order. As of the effective date the insurance laws of Virginia to fund, and liquidity and, secondarily, total of the substitutions, Acacia National in the case of Separate Account I, return. The AMT Series invests in short- will redeem shares of the Strong Funds. variable life insurance policies and, in to-intermediate term fixed and variable Simultaneously, Acacia National will the case of Separate Account II, variable debt securities and seeks to increase use the proceeds of the redemptions to annuity policies (together, the income and preserve or enhance total purchase the appropriate number of ‘‘Policies’’). The Separate Accounts are return by actively managing average shares of N&B Bond Portfolio and registered with the Commission under portfolio duration. The AMT Series Calvert Balanced Portfolio. The the 1940 Act as unit investment trusts. invests primarily in investment grade substitution will take place at the 2. Each Separate Account currently securities but may invest up to 10% of relative net asset values of the portfolios consisted of twenty-one sub-accounts. its pet assets, measured at the time of with no change in the amount of any Each sub-account invests its assets in investment, in debt securities rated policyowner’s account values. the shares of one of twenty-one below investment grade or in unrated 11. Acacia National will pay all designated investment portfolios of securities determined by its adviser to expenses and transaction costs of the seven open-end management be of comparable quality. substitutions. SCM may reimburse investment companies. Strong 6. The Calvert Balanced Portfolio, a Acacia National for some or all of those Advantage, Strong Asset Allocation, series of Acacia Capital Corporation, is costs but none will be borne by N&B Bond Portfolio, and Calvert advised by Calvert Asset Management policyowners. Affected policyowners Balanced Portfolio are four of the Company, Inc. It seeks to achieve a total will not incur any fees or charges as a twenty-one existing portfolios. return above the rate of inflation result of the substitutions, nor will the 3. Strong Advantage is a series of through an actively managed portfolio rights or obligations of Acacia National Strong Variable Insurance Funds, Inc. of common and preferred stocks, bonds, under the Policies be altered in any (‘‘Strong Variable Funds’’) for which and money market instruments. For its way. Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Notices 54483
12. The substitutions were first million. As a result of an expense the performance of each has been described to policyowners in a limitation agreement, the expense ratio essentially equivalent to or better than, prospectus supplement dated November for Strong Asset Allocation for the year the expenses and performance of the 25, 1996, and again in correspondence ending December 31, 1996, was 2.00%. funds to be eliminated. Also, Applicants to policyowners dated May 1, 1997, or In the absence of this agreement, the submit that Policyowners may transfer May 16, 1997, depending on the state in expense ratio would have been 4.29%. their assets to any of seventeen which the Policy was issued. The 16. The investment advisory fee for additional portfolios currently available prospectus supplement advised the N&B Bond Portfolio equals a under the Policies. policyowners that the Strong Funds percentage of the average daily net asset 3. Applicants believe that Calvert would cease offering shares under the value of the portfolio, on an annual Balanced is an appropriate replacement Policies effective May 1, 1997, and, basis, as follows: .65% for the first $500 for Strong Asset Allocation consequently, deposits would no longer million; .615% for the next $500 notwithstanding the fact that Calvert be accepted into the Strong Funds after million; .60% for the next $500 million; Balanced seeks to invest in that time. Policyowners were also .575 for the next $500 million; and .55% organizations that: (a) Deliver safe notified that if the substitutions were thereafter. The expense ratio for the products and services; (b) are managed approved by the SEC, the substitutions N&B Bond Portfolio for the year ending with participation throughout the would be effected at the net asset value December 31, 1996, was .80%. organization in defining and achieving of the relevant portfolios, that 17. The investment advisory fee for objectives; (c) negotiate fairly with their policyowners would be given the the Calvert Balanced Portfolio is, on an workers and provide a supportive opportunity to transfer into any other annual basis, .70% of the average daily working environment; and (d) foster available portfolio, and that no costs for net asset value of the portfolio. Its awareness of a commitment to human any substitution would be borne by expense ratio for the year ending goals within the organization and the policyowners. December 31, 1996, was .81%. word. Applicants submit that each 13. Within five days after the Applicants’ Legal Analysis portfolio invests a percentage of its substitutions, Acacia National will send assets in stocks, bonds and money to policyowners written notice stating 1. Section 26(b) of the 1940 Act market instruments. Also, Calvert that the substitutions have occurred. provides in pertinent part that ‘‘[i]t shall Balanced can be expected to outperform Acacia National will include in the be unlawful for any depositor or trustee Strong Asset Allocation, were the latter mailing a supplement to the prospectus of a registered unit investment trust to remain in existence, because Calvert which discloses the completion of the holding the security of a single issuer to Balanced has much lower expenses than substitutions. Affected policyowners substitute another security for such Strong Asset Allocation, and, as Strong will be advised that for a period of 30 security unless the Commission shall Asset Allocation’s assets continue to days from the mailing of the notice, they have approved such substitution.’’ decrease and its expenses remain the may transfer all assets, as substituted, to Section 26(b) provides that the same, its performance will necessarily any other available sub-account without Commission will approve a substitution decline. Further, Applicant’s assert that limitation and without charge, and no if it is consistent with the protection of even though Strong Asset Allocation has such transfer will be counted as a investors and the purposes fairly slightly outperformed Calvert Balanced transfer under any contractual provision intended by the policy and provisions of since each portfolio’s inception, Calvert that may limit the number of transfer in the 1940 Act. The purpose of Section Balanced has gone through many market any year. No transfer charge is currently 26(b) is to protect the expectation of cycles during its more than ten years of in effect and none will be imposed prior investors in a unit investment trust that existence whereas Strong Asset to the expiration of the 30 day period. the unit investment trust will Allocation, which commenced Following the substitutions, accumulate the shares of a particular operations in late 1995, has a briefer policyowners will be afforded the same issuer, and to prevent unscrutinized history characterized by a rising market. rights, including surrender and other substitutions which might, in effect, For the past year, the two Portfolios’ transfer rights with regard to amounts force shareholders dissatisfied with the total returns were identical (20.67%). invested under the Policies as they substituted security to redeem their 4. Applicants state that Acacia currently have. Thus policyowners may shares, thereby incurring either a loss of National has reserved the right to choose simply to withdraw amounts the sales load deducted from initial substitute securities held by the Sub- credited to them following the proceeds, an additional sales load upon Accounts of the Separate Accounts and substitutions under the conditions that reinvestment of the redemption this right is disclosed in the currently exists, subject to any proceeds, or both. Section 26(b) affords prospectuses or statements of additional applicable surrender charge. protection to investors by preventing a information for the Separate Accounts. 14. The investment advisory fee for depositor or trustee of a unit investment 5. Finally, Applicants represent that Strong Advantage is, on an annual basis, trust holding shares of one issuer from the substitutions will not result in the .60% of the average daily net asset value substituting for those shares the shares type of costly forced redemption that of the portfolio. As a result of an of another issuer, unless the Section 26(b) was intended to guard expense limitation agreement, the Commission approves that substitution. against and, for the following reasons, expense ratio for Strong Advantage for 2. Applicants submit that the are consistent with the protection of the year ending December 31, 1996, was purposes, terms and conditions of the investors and the purposes fairly 2.00%. in the absence of this agreement, substitutions are consistent with the intended by the Act: the expense ratio would have been principals and purposes of Section 26(b) a. The N&B Bond Portfolio and 2.85%. and do not entail any of the abuses that Calvert Balanced Portfolio have 15. The investment advisory fee for Section 26(b) is designed to prevent. objectives, policies and restrictions that Strong Asset Allocation is, on an annual Applicants believe that the N&B Bond are substantially similar to the basis, .85% of the average daily net asset and Calvert Balanced portfolios will objectives, policies and restrictions of value of the portfolio up to a value of better serve policyowner interests the funds being replaced. $35 million in assets and .80% of the because the expenses of each portfolio b. The expense ratio of the N&B Bond portfolio’s assets in excess of $35 have been significantly lower than, and and Calvert Balanced Portfolios are 54484 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Notices significantly lower than those of the SECURITIES AND EXCHANGE the meaning of section 2(a)(48) of the Strong funds. COMMISSION Act.1 Applicant requests an order pursuant to section 61(a)(3)(B) of the c. The performance of the N&B Bond [Rel. No. IC±22853; 812±10574] and Calvert Balanced Portfolios has Act approving the Plan as it applies to each director of the applicant who is been essentially equivalent to or better Equus II Incorporated; Notice of neither an officer nor an employee of than the performance of the portfolios Application the applicant (‘‘Non-employee that will be eliminated. October 10, 1997. Director’’) and to each new Non- d. The substitutions will, in all cases, AGENCY: Securities and Exchange employee Director who may be elected be at the net asset value of the Commission (the ‘‘SEC’’ or the in the future to applicant’s board of respective portfolios without the ‘‘Commission’’). directors. The order also would approve imposition of any transfer or similar ACTION: Notice of application for an the automatic grant of options, pursuant charge. order under section 61(a)(3)(B) of the to the Plan, to purchase shares of applicant’s common stock to each e. The costs of the substitutions will Investment Company Act of 1940 (the current and future Non-employee be borne by Acacia National and SCM ‘‘Act’’). Director. and will not be borne by policyowners. SUMMARY OF APPLICATION: Applicant 2. Applicant’s board of directors (the No charges will be assessed to effect the Equus II Incorporated seeks an order ‘‘Board’’) consists of eight members. substitutions. approving its 1997 Stock Incentive Plan Five members of the Board are persons f. Within 5 days after the (the ‘‘Plan’’) for certain of its directors, who are not ‘‘interested persons’’ (as substitutions, Acacia National will send and the grant of certain stock options defined in section 2(a)(19) of the Act) of to policyowners written notice of the under the Plan. the applicant. The Plan was approved substitutions that identifies the shares FILING DATES: The application was filed by the Board on February 7, 1997, and that were substituted and discloses the on March 11, 1997. Applicant has by the applicant’s shareholders on April shares which replaced them. Included agreed to file an amendment, the 9, 1997, at a special meeting of in the mailing will be a supplement to substance of which is incorporated in shareholders. Officers, employees, and the prospectus that discloses this notice, during the notice period. directors of the applicant are eligible to completion of the substitutions. HEARING OR NOTIFICATION OF HEARING: An participate in the Plan. Applicant seeks order granting the application will be approval of the Plan as it applies to g. For 30 days following the mailing issued unless the SEC orders a hearing. Non-employee Directors. On May 15, of the notice of substitutions, Interested persons may request a 1997, the Board implemented part of the policyowners may transfer substituted hearing by writing to the SEC’s Plan. The portion of the Plan applicable assets without any charge. No such Secretary and serving applicant with a to Non-employee Directors will not be transfer will be counted as a transfer copy of the request, personally or by implemented until an order is received under any contractual provision which mail. Hearing requests should be from the Commission approving that limits the number of transfers in any received by the SEC by 5:30 p.m. on portion of the Plan. year. November 3, 1997, and should be 3. Each Non-employee Director of the h. The substitutions will in no way accompanied by proof of service on applicant receives an annual director’s fee of $20,000, a fee of $2,000 for each alter the insurance benefits to applicant, in the form of an affidavit or, meeting of the Board attended in policyholders or the contractual for lawyers, a certificate of service. person, a fee of $1,000 for participation obligations of Acacia National. Hearing requests should state the nature of the writer’s interest, the reason for the in each telephonic meeting and for each i. The substitutions will in no way request, and the issues contested. committee meeting attended, and alter the tax benefits to policyowners. Persons who wish to be notified of a reimbursement of all out-of-pocket Counsel for Acacia National has advised hearing may request notification by expenses relating to attendance at that the substitutions will not give rise writing to the SEC’s Secretary. meetings. 4. Equus Capital Management to any tax consequences to the ADDRESSES: Secretary, SEC, 450 5th Corporation (‘‘ECMC’’) is an investment policyowners. Street, N.W., Washington, D.C. 20549. adviser registered under the Investment Applicant, 2929 Allen Parkway, Suite Applicants’ Conclusions Advisers Act of 1940 (the ‘‘Advisers 2500, Houston, Texas 77019. Act’’) and serves as the applicant’s Applicants assert that, for the reasons FOR FURTHER INFORMATION CONTACT: management company. ECMC receives and upon the facts set forth in the Lawrence W. Pisto, Senior Counsel, at no compensation from the applicant application, the requested order (202) 942–0527, or Christine Y. under section 205(1) of the Advisers Greenlees, Branch Chief, at (202) 942– approving the proposed substitution Act. Other than stock options issued to 0564 (Division of Investment meets the standards set forth in Section officers of the applicant under the Plan, Management, Office of Investment 26(b) of the 1940 Act and should be the applicant does not currently have Company Regulation). granted. outstanding any warrants, options or SUPPLEMENTARY INFORMATION: For the Commission, by the Division of The rights to purchase its voting securities. Investment Management, pursuant to following is a summary of the 5. The Plan provides that each Non- delegated authority. application. The complete application employee Director serving on the Board may be obtained for a fee at the SEC’s as of the later of the date of approval of Margaret H. McFarland, Public Reference Branch, 450 5th Street, Deputy Secretary. N.W., Washington, D.C. 20549 (tel. (202) 1 Section 2(a)(48) defines a BDC to be any closed- [FR Doc. 97–27697 Filed 10–17–97; 8:45 am] 942–8090). end investment company that operates for the BILLING CODE 8010±01±M purpose of making investments in securities Applicant’s Representations described in sections 55(a)(1) through 55(a)(3) of the Act and makes available significant managerial 1. Applicant is a business assistance with respect to the issuers of such development company (‘‘BDC’’) within securities. Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Notices 54485 the Plan by: (a) The applicant’s to issue the options is authorized by the of options that may be granted and shareholders, or (b) an order of the BDC’s shareholders, and is approved by exercised by Non-employee Directors Commission, will be granted a order of the SEC upon application; (d) under the Plan, the exercise of stock nonqualified stock option to purchase the options are not transferable except options pursuant to the Plan will not 5,000 shares of common stock, $.01 par for disposition by gift, will or intestacy; have a substantial dilutive effect on the value (the ‘‘Common Stock’’), of (e) no investment adviser of the BDC net asset value of applicant’s Common applicant that will vest 50% receives any compensation described in Stock. In addition, the total amount of immediately and 162⁄3% on the first, paragraph (1) of section 205 of the voting securities that would result from second, and third anniversaries of the Advisers Act, except to the extent the exercise of all outstanding warrants, date of the grant. Each new Non- permitted by clause (A) or (B) of that options, and rights at the time of employee Director will be granted upon section; and (f) the BDC does not have issuance would not exceed 20% of the his or her election a nonqualified stock a profit-sharing plan as described in outstanding voting securities of the option for a similar number of shares. In section 57(n) of the Act. applicant. Further, because the options addition, beginning with the 1998 3. In addition, section 61(a)(3)(B) of may not be exercised until six months annual meeting of shareholders of the Act provides that the amount of the after the date of grant and 50% of the applicant, each Non-employee Director BDC’s voting securities that would stock options granted to Non-employee elected will, on the first business day result from the exercise of all Directors vest on a ratable basis over the following the annual meeting, be outstanding warrants, options, and three years following the date of grant, granted a nonqualified stock option to rights at the time of issuance may not the plan provides Non-employee purchase 2,000 shares of Common exceed 25% of the BDC’s outstanding Directors with an incentive to remain Stock. The exercise price of the options voting securities, except that if the with the applicant. will be the closing price of the Common amount of voting securities that would result from the exercise of all For the Commission, by the Division of Stock on the American Stock Exchange Investment Management, pursuant to on the date the option is granted or, if outstanding warrants, options, and delegated authority. no market for the Common Stock exists, rights issued to the BDC’s directors, Margaret H. McFarland, the current net asset value of the shares officers, and employees pursuant to an of the Common Stock. Each option will executive compensation plan would Deputy Secretary. be exercisable during the period exceed 15% of the BDC’s outstanding [FR Doc. 97–27656 Filed 10–17–97; 8:45 am] beginning six months after the date of voting securities, then the total amount BILLING CODE 8010±01±M the grant and ending ten years after the of voting securities that would result date of the grant. from the exercise of all outstanding 6. In the event that a Non-employee warrants, options, and rights at the time SECURITIES AND EXCHANGE Director’s services are terminated of issuance will not exceed 20% of the COMMISSION because of death, permanent disability, outstanding voting securities of the [Rel. No. IC±22851; 812±10356] or retirement, any invested options will BDC. vest, and the Non-employee Director or, 4. Applicant represents that the Plan Investors Bank & Trust Company, et if the Non-employee Director is not and the options that would be granted al.; Notice of Application living, the Non-employee Director’s automatically to current and future Non- estate, may exercise his or her options employee Directors would comply with October 10, 1997. during the one-year period following the the requirements of section 61(a)(3)(B) AGENCY: Securities and Exchange date of death, permanent disability, or of the Act. In addition, in support of its Commission (‘‘SEC’’). retirement. The termination of a Non- application, applicant states that its ACTION: Notice of application for an employee Director’s services will not directors devote substantial time and order under (i) section 12(d)(1)(J) of the otherwise accelerate the termination attention to matters relating to Investment Company Act of 1940 (the date of his or her options. Options may applicant’s portfolio companies, thus ‘‘Act’’) granting relief from section not be assigned or transferred other than functioning more like the board of an 12(d)(1) of the Act; (ii) sections 6(c) and by will or the laws of descent and operating company than the board of a 17(b) of the Act granting relief from distribution. traditional investment company. section 17(a) of the Act; and (iii) section Applicant relies extensively on the 17(d) of the Act and rule 17d–1 to Applicant’s Legal Analysis judgment and experience of its permit certain joint transactions. 1. Section 63(3) of the Act permits a directors, and believes that these factors BDC to sell its common stock at a price are critical to its success. Further, SUMMARY OF APPLICATION: Applicants below current net asset value upon the applicant states that the Plan would request an order to permit the lending exercise of any option issued in provide incentives to the Non-employee agent for certain investment companies accordance with section 61(a)(3) of the Directors to remain on the Board and to invest cash collateral derived from Act. devote their best efforts to the success securities lending transactions in shares 2. Section 61(a)(3)(B) of the Act of applicant’s business. of affiliated registered investment provides, in pertinent part, that a BDC 5. Applicant submits that the terms of companies organized as a master-feeder may issue to its Non-employee Directors the Plan are fair and reasonable and do fund. options to purchase its voting securities not involve overreaching of applicant or APPLICANTS: Investors Bank & Trust pursuant to an executive compensation its shareholders. Under the Plan, the Company (the ‘‘Bank’’); Merrimac Funds plan, provided that: (a) The options amount of stock options that would be (the ‘‘Feeder Trust’’), on behalf of its expire by their terms within ten years; granted to the six current Non-employee Merrimac Cash Fund and Merrimac (b) the exercise price of the options is Directors would be 30,000 shares in Treasury Fund, each a series of the not less than the current market value 1997 and 12,000 shares each year Feeder Trust, and each other series of of the underlying securities at the date commencing in 1998, or approximately the Feeder Trust established in the of the issuance of the options, or if no 1% of the 4,300,682 shares of Common future in which cash collateral from market exists, the current net asset value Stock outstanding. Applicant submits securities lending transactions may be of the voting securities; (c) the proposal that, given the relatively small number invested (collectively, the ‘‘Feeder 54486 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Notices
Funds’’); Merrimac Master Portfolio (the Feeder Trust has established two series, 4. The Bank and one or more of its ‘‘Master Trust’’), on behalf of its the Merrimac Cash Fund and the affiliates will serve as custodian, Merrimac Cash Portfolio and Merrimac Merrimac Treasury Fund, each of which transfer agent, and administrator to each Treasury Portfolio, each a series of the has three classes (the ‘‘Premium Class,’’ Feeder Fund and Master Fund. The Master Trust, and each other series of the ‘‘Institutional Class,’’ and the Bank also will serve as the investment the Master Trust established in the ‘‘Placement Class’’) of shares. Lending adviser to each Master Fund. Applicants future in which a Feeder Fund invests Funds will acquire only Premium Class anticipate that one or more entities will (collectively, the ‘‘Master Funds’’); and shares.1 Shares of the Feeder Trust are serve as a sub-adviser to each Master all registered management investment sold without a distributor exclusively to Fund. The Bank will be responsible for companies and series that may ‘‘accredited investors’’ in accordance the payment of all fees for the services participate from time to time as lenders with the requirements of Regulation D of any sub-adviser. The Bank will (collectively, the ‘‘Lending Funds’’) in under the Securities Act of 1933. Each charge each Feeder Fund and Master the securities lending program Feeder Fund will be a ‘‘feeder’’ in a Fund, as applicable, fees for services it administered by the Bank (the ‘‘master-feeder’’ structure with the provides as custodian, transfer agent, ‘‘Program’’). Master Trust and invest all of its administrator and investment adviser. FILING DATES: The application was filed investable assets in a Master Fund 5. From time to time, the Bank will be on November 15, 1996, and having the same investment objective appointed to serve as lending agent for amendments to the application were and policies as the Feeder Fund. various Lending Funds.3 The Bank will filed on June 10, 1997, and September 2. The Master Trust is a New York enter into a securities lending 29, 1997. common law trust established under a authorization agreement (a ‘‘Lending HEARING OR NOTIFICATION OF HEARING: An Declaration of Trust and registered as an Agreement’’) with each Lending Fund.4 order granting the application will be investment company under the Act. The The Lending Agreement will authorize issued unless the SEC orders a hearing. Master Trust has established two series, the Bank, as agent for the Lending Fund, Interested persons may request a the Merrimac Cash Portfolio and the to lend portfolio securities of the 2 hearing by writing to the SEC’s Merrimac Treasury Portfolio. Interests Lending Fund to each person designated Secretary and serving applicants with a in each Master Fund are offered by the Lending Fund as an eligible copy of the request, personally or by exclusively to one or more Feeder borrower (each, a ‘‘Borrower’’), and to mail. Hearing requests should be Funds and to other ‘‘accredited enter into a master borrowing agreement received by the SEC by 5:30 p.m. on investors.’’ Shares of the Master Trust with each Borrower (each, a ‘‘Borrowing November 5, 1997, and should be are sold without a distributor and are Agreement’’). The pool of eligible accompanied by proof of service on the not subject to a sales load, redemption Borrowers may be modified from time to applicants, in the form of an affidavit or, fee, asset-based sales charge (as defined time by each Lending Fund, acting for lawyers, a certificate of service. in rule 2830(b)(8)(A) of the Conduct through its authorized officers. Hearing requests should state the nature Rules of the National Association of 6. The Lending Agreement and the of the writer’s interest, the reason for the Securities Dealers), or shareholder Borrowing Agreement will establish, for servicing fee. request, and the issues contested. each transaction, the initial and ongoing 3. The Bank, a wholly-owned Persons who wish to be notified of a collateralization requirements, the types subsidiary of Investors Financial of collateral that may be accepted, and hearing may request notification by Services Corp., is a Massachusetts the manner in which the Borrower’s writing to the SEC’s Secretary. chartered trust company. The Bank return on the collateral (the ‘‘Borrower’s ADDRESSES: Secretary, SEC, 450 Fifth provides domestic and global custody, Rebate’’) will be established. The Street, N.W., Washington, D.C. 20549. multi-currency accounting, institutional Investors Bank & Trust Company, 200 transfer agency, performance Lending Agreement will (i) fix the Clarendon Street, Boston, MA 02116; measurement, foreign exchange, percentage difference between the Merrimac Funds, 200 Clarendon Street, securities lending and mutual fund Borrower’s Rebate and the actual return Boston, MA 02116; and Merrimac administration services to a variety of on the investment of the collateral (the Master Portfolio, P.O. Box 501, Cardinal financial asset managers, including ‘‘Net Income’’) to be retained by the Avenue, George Town, Grand Cayman, mutual fund complexes, investment Lending Fund and the percentage to be Cayman Islands, BWI. advisers, banks and insurance 3 FOR FURTHER INFORMATION CONTACT: The Bank will not be an affiliated person of any companies. The Bank acts as agent for Lending Fund or an affiliated person of an affiliated Brian T. Hourihan, Senior Counsel, at its clients for both international and person of any Lending Fund within the meaning of (202) 942–0526, or Mary Kay Frech, domestic securities lending services. section 2(a)(3) of the Act, except that, if any Branch Chief, at (202) 942–0564 Lending Fund directly or indirectly owns, controls, or holds with the power to vote 5% or more of the (Division of Investment Management, 1 The Premium Class shares are subject to a $10 shares of a Master Fund, the Bank will be an million minimum investment requirement. Office of Investment Company affiliated person of an affiliated person of the 2 The Merrimac Cash Portfolio may invest in U.S. Regulation). Lending Fund. Moreover, no Lending Fund will be Treasury bills, notes and bonds, and other an affiliated person of any Feeder Fund or an SUPPLEMENTARY INFORMATION: The instruments issued or guaranteed by the U.S. affiliated person of an affiliated person of any Government or its agencies or instrumentalities following is a summary of the Feeder Fund, except that a Lending Fund may (i) application. The complete application (‘‘U.S. Government Obligations’’); securities of U.S. and non-U.S. banks and thrift organizations; directly or indirectly own, control, or hold with may be obtained for a fee from the SEC’s corporate debt obligations; asset-backed securities; power to vote more than 5% of the voting securities Public Reference Branch, 450 Fifth variable rate obligations; and repurchase of a Feeder Fund or a Master Fund, or (ii) be an affiliated person of another Lending Fund that Street, N.W., Washington, D.C. 20549 agreements that the collateralized by the securities listed above. The Merrimac Treasury Portfolio directly or indirectly owns, controls, or holds with (tel. (202) 942–8090). invests at least 65% of its assets in U.S. Government the power to vote more than 5% of the voting securities of a Feeder Fund or Master Fund. Applicants’ Representations Obligations. All investments of each Portfolio will qualify as ‘‘eligible securities’’ within the meaning 4 Certain Lending Funds participating in the 1. The Feeder Trust is a Delaware of rule 2a–7 under the Act. Moreover, each Feeder Program may be management investment business trust organized under a Master Fund and Master Fund will seek to maintain a companies that hold themselves out as ‘‘money stable net asset value by valuing the portfolio using market funds’’ and comply with the requirements Trust Agreement and registered as an the amortized cost method and will comply with of rule 2a–7 under the Act (‘‘Money Market Lending investment company under the Act. The the requirements of rule 2a–7 under the Act. Funds’’). Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Notices 54487 paid by the Lending Fund to the Bank, Lending Fund. Each Lending Fund will Funds in the Feeder Funds will provide and (ii) authorize the Bank, as agent for reserve the right to rescind Lending Funds with the opportunity to the Lending Fund, to negotiate the authorization to invest in a Feeder maximize returns with less investment Borrower’s Rebate for each transaction Fund. Moreover, each Lending Fund risk than if the cash collateral received and to commit the Lending Fund to pay that authorizes the Bank to invest cash by each Lending Fund were segregated the Borrower’s Rebate. The Lending collateral in a Feeder Fund will be in a separate account from which Fund will be responsible for paying the provided a copy of the confidential purchases and sales of securities would Borrower’s Rebate and returning the offering circular for such Feeder Fund, be made. In addition, applicants believe principal amount of the collateral to the and with such other disclosure that participation in the Program will Borrower. Each loan will be terminable, documents that the Bank determines permit the Lending Funds to minimize at any time, by the Borrower or the may be appropriate to ensure that each credit risk and interest rate risk through Lending Fund. Lending Fund is fully informed with diversification. Applicants also believe 7. During the term of each loan, the respect to the investment considerations that the administrative burdens, such as Lending Fund will retain the economic and risks associated with investing cash the daily monitoring of total assets and rights of an owner of the securities that collateral in the Feeder Funds. other investments of the Lending Funds are the subject of a loan, including the 9. Applicants request an order to associated with compliance with section right to receive from the Borrower all permit (i) the Bank, as agent of the 12(d)(1) may impair the ability of the dividends and distributions made with Lending Funds, to invest cash collateral Bank to provide securities lending respect to those securities. The Bank derived from loaned securities in shares services to Lending Funds in an will monitor corporate actions with of the Feeder Trust; and the Lending economical and administratively respect to securities loaned by each Funds to purchase from the Feeder efficient manner, and, therefore, may Lending Fund and will reallocate or Trust, and (ii) the Feeder Trust to sell create competitive disadvantages for the terminate loans at the direction of the to the Lending Funds, shares issued by Lending Funds relative to other Lending Fund, as necessary, to enable the Feeder Trust. Applicants also institutional investors that seek to the Lending Funds to vote those request an order to permit the Lending engage in securities lending activities. securities.5 Funds, the Feeder Trust, the Master 4. Applicants submit that the 8. Applicants anticipate that the Trust, and the Bank to effect certain investment of cash collateral received in collateral delivered in connection with joint transactions incident to the connection with securities loans by most loans will consist of cash. In order Program. Lending Funds in the Feeder Funds to maximize investment return on the does not give rise to the policy concerns securities lending activities, each Applicants’ Legal Analysis of section 12(d)(1), which include Lending Agreement will authorize the A. Section 12(d)(1) unnecessary duplication of costs (such Bank, as agent for the Lending Fund, to as sales loads, advisory fees, and 1. Section 12(d)(1)(A) of the Act invest the cash in shares of one or more administrative costs), and undue provides that no registered investment Feeder Funds, in accordance with the influence by the fund holding company company may acquire securities of terms of the Lending Agreement and over its underlying funds arising from another investment company instructions received from authorized the threat of large scale redemptions of representing more than 3% of the officers of the Lending Fund.6 The the securities of the underlying acquired company’s outstanding voting Bank, as agent for a Lending Fund, will investment companies. Applicants state stock, more than 5% of the acquiring not purchase shares of any Feeder Fund that there will be no layering of sales or company’s total assets, or, together with with cash collateral unless participation distribution charges because shares of the securities of other investment in the Program has been approved by a the Feeder Funds acquired by the companies, more than 10% of the majority of the directors or trustees of Lending Funds will be sold without a acquiring company’s total assets. the Lending Fund who are not sales charge or redemption fee and the Section 12(d)(1)(B) provides that no ‘‘interested persons’’ of the Lending assets allocated to the Lending Funds registered open-end investment Fund within the meaning of section will not be subject to any asset-based company may sell its securities to 2(a)(19) of the Act. Such directors or sales charge. Applicants also state that another investment company if the sale trustees will also evaluate the Program each Master Fund will be structured to will cause the acquiring company to no less frequently than annually, and accommodate the increased needs of own more than 3% of the acquired determine that investing cash collateral liquidity associated with securities company’s voting stock, or if the sale in the Feeder Fund is in the best lending transactions by maintaining an will cause more than 10% of the interests of the shareholders of the appropriate average weighted maturity acquired company’s voting stock to be or effective duration and, therefore, will 5 The Borrowing Agreement will provide that owned by investment companies. not be susceptible to control through the within three trading days (or such other time period 2. Section 12(d)(1)(J) provides that the threat of large scale redemptions. as is the customary settlement period for the loaned SEC may exempt any person or Accordingly, applicants believe that the securities) of the Lending Fund giving notice of the transaction from any provision of requested exemption from section termination of any loan, the Borrower is required section 12(d)(1) if and to the extent that to transfer the loaned securities (or certificates for 12(d)(1) is consistent with the public identical securities) to the Bank, as agent for the such exemption is consistent with the interest and the protection of investors. Lending Fund, or to the Lending Fund’s custodian, public interest and the protection of and pay to the Bank or to the Lending Fund’s investors. Applicants request an B. Section 17(a) custodian the amount of all dividends and exemption under section 12(d)(1)(J) to 1. Sections 17(a) (1) and (2) of the Act distributions that would have been payable to the Lending Fund on or with respect to such securities permit the Bank, as agent of the Lending make it unlawful for any affiliated if they had not been loaned, to the extent not Funds, to invest cash collateral derived person of a registered investment previously paid. from loaned securities in the Feeder company, or any affiliated person of an 6 Cash collateral from transactions in which the Funds in excess of the limits imposed affiliated person, acting as a principal, lender is a Money Market Lending Fund will not be used to acquire shares of any Feeder Fund that by section 12(d)(1) of the Act. to sell any security to, or purchase any does not comply with the requirements of rule 2a– 3. Applicants believe that the security from, such registered 7. investment of cash collateral by Lending investment company. From time to 54488 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Notices time, it is possible that a Lending Fund agent for a Lending Fund, unless the is appropriate to grant an exemption may directly or indirectly own, control, Lending Fund, or an authorized officer under rule 17d–1 from the restrictions or hold with power to vote 5% or more of the Lending Fund, has represented to of section 17(d) of the Act. of the shares of a Feeder Fund, which the Bank that (i) its policies generally 3. Each Lending Fund will invest in will result in the Lending Fund being an permit the Lending Fund to engage in a class of shares of the Feeder Trust on ‘‘affiliated person’’ of the Feeder Fund. securities lending transactions, (ii) such the same basis as every other In these circumstances, the purchase or transactions will be conducted in shareholder of the Feeder Trust redemption of shares of a Feeder Fund accordance with the securities lending investing in the same class of shares, for the same Lending Fund or an guidelines established in a series of no- and all shares within a class will be affiliated person of such Lending Fund action letters issued by the SEC’s priced in the same manner and will be could violate section 17(a) of the Act. Division of Investment Management,8 redeemable under the same terms. In 2. Section 17(b) of the Act authorizes (iii) its policies permit the Lending addition, no class of shares of a Feeder the SEC to exempt a transaction from Fund to purchase shares of the Feeder Fund in which a Lending Fund invests section 17(a) if the terms of the Funds with cash collateral, and (iv) its will be subject to any sales load, proposed transaction, including the securities lending activities will be redemption fee, or asset-based sales consideration to be paid or received, are conducted in accordance with all charge. The arrangements regarding the reasonable and fair and do not involve representations and conditions in the sharing of Net Income between the Bank overreaching on the part of any person application applicable to such Lending and each Lending Fund are the product concerned, the proposed transaction is Fund. of arm’s length negotiations between the consistent with the policy of each C. Section 17(d) and Rule 17d–1 Lending Fund and the Bank. Finally, registered investment company applicants state that the proposed concerned, and with the general 1. Section 17(d) of the Act and rule investment of cash collateral by Lending purposes of the Act. Because section 17d–1 thereunder prohibit any affiliated Funds in shares of the Feeder Funds is 17(b) could be interpreted to exempt person of a registered investment consistent with the provisions and only a single transaction, applicants are company, acting as principal, from purposes of the Act. also seeking relief pursuant to section effecting any transaction in connection 6(c) of the Act to permit the investment with any joint enterprise or joint Applicants’ Conditions of cash collateral in shares of the Feeder arrangement in which such registered Applicants agree that any order of the Funds as proposed in the application.7 investment company participates. The SEC granting the requested relief will be 3. Section 6(c) provides that the SEC ownership by a Lending Fund or its subject to the following conditions: may exempt any person or transaction affiliates, from time to time, of 5% or 1. No Lending Fund will purchase from any provision of the Act or any more of the shares of a Feeder Fund or shares of any Feeder Fund unless rule or regulation thereunder ‘‘if and to Master Fund, could cause such Lending participation in the Program has been the extent that such exemption is Fund to be an affiliated person of the approved by a majority of the directors necessary or appropriate in the public Feeder Trust or the Master Trust, or an or trustees of the Lending Fund that are interest and consistent with the affiliated person of an affiliated person not ‘‘interested persons’’ of the Lending protection of investors and the purposes of the Feeder Trust or the Master Trust. Fund within the meaning of section fairly intended by the policy and In addition, the Bank, as investment 2(a)(19) of the Act. Such directors or provisions’’ of the Act. Applicants adviser for each Master Fund, will be an trustees will also evaluate the Program believe that relief is appropriate under affiliated person of the Master Trust. As no less frequently than annually, and section 6(c) of the Act for the same an affiliated person of the Master Trust, determine that investing cash collateral reasons that it is appropriate under the Bank may, from time to time, be an in the Feeder Fund is in the best section 17(b), as discussed below. affiliated person of an affiliated person interests of the shareholders of the 4. Applicants believe that the of one or more Lending Funds by virtue Lending Fund. proposed transactions will be of such Lending Fund’s interests in the 2. The Bank will lend portfolio reasonable and fair, and consistent with Master Trust. Consequently, the securities of each of the Lending Funds the general purposes of the Act as well proposed purchase of shares of a Feeder only in accordance with the guidelines as the policies of each Lending Fund. Fund with cash collateral, the specified by such Lending Fund. The Lending Funds will not be able to redemption of such shares, the sharing 3. Cash collateral from loans by purchase or redeem shares of the Feeder of Net Income among the Bank and the Lending Funds will be invested in Funds at a price lower or higher than Lending Funds, and the payment of fees shares of each Feeder Fund subject to the per share net asset value of the by the Feeder Trust and the Master such limitations and guidelines as are Feeder Funds, and no sales load, Trust to the Bank may constitute a joint specified by the Lending Funds. redemption fee, or asset-based sales transaction for which an exemptive 4. Cash collateral from loans by charge will be charged with respect to order is required. Money Market Lending Funds will not shares of the Feeder Funds sold to 2. Rule 17d–1 permits the SEC to be used to acquire shares of any Feeder Lending Funds. Moreover, applicants issue an order with respect to a joint Fund that does not comply with the note that the low fees charged by the transaction. In passing on applications requirements of rule 2a–7 under the Act. Bank for services provided to the Feeder for orders under rule 17d–1, the SEC is 5. The shares of a Feeder Fund sold Trust and Master Trust will be subject to consider whether the proposed to Lending Funds will not be subject to to intense scrutiny and, therefore, will transaction is consistent with the a sales load or redemption fee and assets remain fair and reasonable to the Feeder provisions, policies, and purposes of the of the Feeder Fund and the Master Fund Trust and the Master Trust, the Feeder Act, and the extent to which such allocable to Feeder Funds will not be Trust’s shareholders and the Lending participation is on a basis different from subject to any asset-based sales charge Funds. Finally, the Bank will not or less advantageous than that of other (as defined in rule 2830(b)(8)(A) of the purchase shares of any Feeder Fund, as participants. Applicants believe that it Rules of Conduct of the National Association of Securities Dealers). 7 See Keystone Custodian Funds, Inc., 21 S.E.C. 8 See e.g. Sife Trust Fund (pub. avail. Feb. 17, 6. The Bank will not acquire shares of 295 (1945). 1982). any Feeder Fund on behalf of any Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Notices 54489
Lending Fund if, at the time of such FILING DATE: The application was filed the Securities Exchange Act of 1934 and acquisition, (i) the Bank is an affiliated on February 28, 1997 and amended and is a member of the National Association person of the Lending Fund or an restated on October 3, 1997. of Securities Dealers, Inc (‘‘NASD’’). affiliated person of an affiliated person HEARING OR NOTIFICATION OF HEARING: An 4. Scheduled premiums for the Policy of the Lending Fund, or (ii) the Lending order granting the Application will be are payable until the insured reaches Fund is an affiliated person of the issued unless the Commission orders a age 100. The scheduled premium Feeder Fund or an affiliated person of hearing. Interested persons may request amount depends on the face amount of an affiliated person of the Feeder Fund, a hearing by writing to the Secretary of the Policy, the insured’s age, sex (if the in either case, by means other than by the Commission and serving Applicants Policy is sex-based), and underwriting directly or indirectly owning, with a copy of the request, personally or class, the frequency of premium controlling, or holding with the power by mail. Hearing requests should be payments and any rider benefit of vote 5% or more of the shares of a received by the Commission by 5:30 premiums. Scheduled premiums for Feeder Fund or a Master Fund by the p.m. on November 4, 1997, and should substandard and automatic issue classes Lending Fund or an affiliated person of be accompanied by proof of service on reflect additional premiums that are the Lending Fund. Applicants in the form of an affidavit or, charged for Policies in those categories. 7. In connection with all matters for lawyers, a certificate of service. If all scheduled premiums are paid requiring a vote of shareholders of a Hearing requests should state the nature when due, the Policy will not lapse and Feeder Fund, the Bank will pass of the requester’s interest, the reason for will retain its minimum death benefit through voting rights to those Lending the request, and the issues contested. guarantee, even if unfavorable Funds that have a beneficial interest in Persons may request notification of a investment experience has reduced the such Lending Fund. hearing by writing to the Secretary of cash value to zero.1 For the Commission, by the Division of the Commission. 5. The Policy also provides Investment Management, under delegated ADDRESSES: Secretary, Securities and considerable flexibility with respect to authority. Exchange Commission, 450 Fifth Street, the timing and amount of premium Margaret H. McFarland, N.W., Washington, D.C. 20549; payments. An owner of a Policy may Deputy Secretary. Applicants, c/o Marie C. Swift, Esq., make unscheduled payments at any [FR Doc. 97–27657 Filed 10–17–97; 8:45 am] New England Life Insurance Company, time that the Policy is in force on a BILLING CODE 8010±01±M 501 Boylston Street, Boston, premium-paying basis (except any Massachusetts 02116. period during which scheduled FOR FURTHER INFORMATION CONTACT: premiums are being waived pursuant to SECURITIES AND EXCHANGE Lorna MacLeod, Attorney, or Kevin a waiver-of-premium rider), provided COMMISSION Kirchoff, Branch Chief, at (202) 942– that the unscheduled payment is at least [Rel. No. 22852; File No. 812±10534] 0670, Office of Insurance Products, $25 (or at least $10 for certain Policies) Division of Investment Management. and, if required by NELICO, the insured New England Life Insurance Co et al.; SUPPLEMENTARY INFORMATION: Following has submitted evidence of insurability Notice of Application is a summary of the application; the satisfactory to NELICO. In addition, complete application may be obtained NELICO’s consent is required if, in October 10, 1997. for a fee from the SEC’s Public order to satisfy tax law requirements, AGENCY: Securities and Exchange Reference Branch, 450 Fifth Street, the payment would increase the Policy’s Commission (‘‘Commission’’). N.W., Washington D.C. 20549 (tel. (202) death benefit by more than it would ACTION: Notice of application for an 942–8090). increase the cash value. NELICO order under section 6(c) of the reserves the right to prohibit or limit the Applicants’ Representations Investment Company Act of 1940 (the amount of unscheduled payments under ‘‘Act’’) granting relief from rule 6e– 1. NELICO is a Massachusetts stock a Policy covering a substandard risk 2(c)(1) and from certain provisions of life insurance company and is a wholly insured or under an automatic issue the Act and rules thereunder specified owned subsidiary of Metropolitan Life Policy. in paragraph (b) of rule 6e–2; and from Insurance Company (‘‘MetLife’’). 6. An owner of a Policy may plan to sections 2(a)(32) and 27(i)(2)(A) of the 2. The Variable Account was make a certain amount of unscheduled Act and rules 6e–2(b)(12) and 22c–1 established as a separate investment payments, subject to NELICO’s thereunder. account of NELICO on January 31, 1983, administrative procedures. Each net under Delaware law, and became unscheduled payment will be allocated SUMMARY OF APPLICATION: Applicants subject to Massachusetts law when seek exemptive relief to the extent to the same sub-accounts as net NELICO changed its domicile to scheduled premiums. At the owner’s necessary: (1) To permit them to offer Massachusetts on August 30, 1996. The and sell certain ‘‘hybrid’’ variable life request, NELICO will include the Variable Account is registered under the amount of any unscheduled payments, insurance policies with modified Act as a unit investment trust. The scheduled premiums (‘‘Policies’’); and planned to be made on the Policy Variable Account currently consists of anniversary, in the premium notice sent (2) to permit certain other persons eighteen investment sub-accounts, each which may become the principal to the owner. However, the owner is of which invests its assets in a different required to pay only the scheduled underwriter for such Policies (‘‘Future portfolio of the New England Zenith Underwriters’’) to offer and sell such Fund (the ‘‘Zenith Fund’’), the Variable Policies. 1 A Policy may terminate when a Policy loan plus Insurance Products Fund (the ‘‘VIP accrued interest exceeds the Policy’s cash value, APPLICANTS: New England Life Fund’’), and the Variable Insurance less the applicable Surrender Charge, on the next Insurance Company (‘‘NELICO’’), New Products Fund II (the ‘‘VIP Fund II’’). loan interest due date (or, if greater, on the date the England Variable Life Separate Account 3. New England Securities, which will calculation is made). NELICO notifies the Policy owner of such pending termination, and the Policy (‘‘Variable Account’’), and New England act as the principal underwriter for the will terminate 31 days thereafter unless NELICO Securities Corporation (‘‘New England Polices, is registered with the has received sufficient repayment to eliminate the Securities’’). Commission as a broker-dealer under excess Policy loan. 54490 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Notices premium in order to keep the Policy in 9. If NELICO permits nonpayment of 14. The Option 1 death benefit force on a premium paying basis. a scheduled premium under the Special remains fixed in the amount initially 7. The amount of net scheduled Premium Option, NELICO will deduct stated in the Policy as long as scheduled premiums due is automatically from the Policy’s cash value, as of the premiums are paid (or need not be paid allocated to the Policy’s sub-accounts, premium due date, 91% of the portion pursuant to the Special Premium chosen by the Policy owner, on each of the annual administrative charge and Option), until the death benefit is scheduled premium due date. A of any rider, substandard risk or increased for Federal tax law purposes, scheduled premium which is unpaid as automatic issue premiums due on that described below. The Option 2 death of its due date is in default, but the date. benefit varies daily with the net Policy provides a 31-day grace period 10. An owner of a Policy may also investment experience of the Variable for the payment of each scheduled elect an automatic premium loan Account, but will never be less than the premium after the first. For 60 days after option. Under this option, if a amount initially stated in the Policy as the due date of a premium in default, scheduled premium has not been paid long as scheduled premiums are paid NELICO will not impose the normal by the end of the grace period, the (or need not be paid pursuant to the monthly administrative, minimum Policy’s loan value will be used to pay Special Premium Option). In order to death benefit guarantee and cost of the scheduled premium. If an owner of qualify the Policy as life insurance for insurance charges against a Policy’s a Policy has elected both the Special Federal tax law purposes, the death cash value. If the scheduled premium in Premium Option and the automatic benefit will be an amount, if greater default is paid, these deductions will be premium loan provision, NELICO will than the amount otherwise provided made retroactively. If the Policy is first determine whether the Special under Option 1 or Option 2, as appropriate, equal to the Policy’s cash surrendered while the premium is in Premium Option can be used in the value divided by the net single premium default, the monthly deduction and a event of nonpayment of a scheduled per $1.00 of death benefit at the prorated cost of insurance charge are premium. If the Special Premium insured’s attained age. Thus, the death deducted from surrender proceeds. If Option conditions are not met, then benefit under either Option 1 or Option the insured dies during the grace period NELICO will determine whether the 2 varies with investment experience and before the premium is paid, a premium can be paid by means of an when the cash value is sufficiently large prorated portion of the unpaid automatic premium loan. that the death benefit is increased in scheduled premium, measured from its 11. The Policy provides for two order for the Policy to qualify as life due date to the date of death, will be alternate death benefit options. The insurance for Federal tax law purposes. Option 1 death benefit is equal to the deducted from the amount otherwise 15. NELICO permits (in states where greater of: (a) The face amount of the payable. As owner of a Policy may it has been approved by the state choose among several lapse options, Policy; or (b) the Policy’s cash value insurance department) a Policy owner to which may include extended term divided by the net single premium per effect a reduction in the Policy’s face insurance, fixed paid-up insurance or $1 of death benefit at the insured’s amount (without receiving a variable paid-up insurance, subject to attained age. The alternative in (b), distribution of any of the Policy’s cash restrictions set forth in the Policy. above, means that the death benefit will value) but not, without NELICO’s 8. An owner of a Policy may also elect not be less than the amount of insurance consent, below NELICO’s minimum face the Special Premium Option, which which could be purchased on that date amount requirements at issue. A permits an owner to skip one or more by a net single premium equal to the reduction in face amount will reduce scheduled premium payments after the Policy’s cash value, and is designed to the Policy’s cash value by the amount of first Policy year, subject to the following ensure that the Policy will satisfy any applicable Surrender Charge, will conditions. NELICO will determine that Federal tax law requirements. also reduce the scheduled premium payment of a scheduled premium that 12. The Option 2 death benefit is level and ‘‘tabular cash value,’’ and may has not been paid by the end of the equal to the greater of: (a) The face require a reduction in any related rider grace period is not required if: (a) The amount of the Policy plus any excess of benefits. Generally, the Policy’s death Policy’s cash value on the premium due the Policy’s cash value over its ‘‘tabular benefit will also be decreased. However, date (before NELICO advanced the cash value’’; or (b) the Policy’s cash if the death benefit at the time of a face premium due) exceeds the Policy’s value divided by the net single premium amount reduction is determined by ‘‘tabular cash value’’ on that date by at per $1 of the death benefit at the dividing the cash value by the net single least the amount of the scheduled insured’s attained age. The Policy does premium per dollar of death benefit, the premium due, including any rider and not provide for changes in death benefit death benefit will not be decreased substandard risk or automatic issue options. unless a Surrender Charge was deducted premiums due; and (b) immediately 13. Under either death benefit option, from the cash value in connection with after the Special Premium Option is the death benefit is guaranteed not to be the face amount reduction. exercised, the amount of any Policy loan less than the Policy’s face amount, 16. NELICO deducts the following outstanding plus accrued interest will regardless of the investment experience amounts from each scheduled premium not exceed the Policy’s loan value.2 of the Policy’s subaccounts, as long as paid under a Policy to arrive at a basic scheduled premiums have been paid in scheduled premium: (a) Charges for any 2 The ‘‘tabular cash value’’ is a hypothetical value a timely manner or nonpayment has supplementary benefits provided by that is used to determine the Option 2 death benefit, been permitted in accordance with the rider; (b) any extra premiums paid for a availability of the Special Premium Option, and the terms of the Policy. However, if Policy Policy in a substandard risk or amount of cash value available to be withdrawn from the Policy. The ‘‘tabular cash value’’ is the loans plus accrued interest exceed the automatic issue class; and (c) an annual value the Policy would have if: (a) All scheduled Policy’s cash value less the surrender Policy administrative charge. NELICO premiums were paid when due; (b) no unscheduled charge, the Policy may terminate even if does not deduct any of these charges payments, partial surrenders, partial withdrawals or all scheduled premiums have been paid. from unscheduled payments. loans were made; (c) the cash value in the Policy’s sub-accounts (and cash value in the fixed account) 17. NELICO also deducts sales load earned a 4.5% annual net rate of return; and (d) the maximum levels of other Policy charges were (5.5%), state premium tax (2.5%), and maximum guaranteed cost of insurance rates and deducted. federal tax (1%) charges from each basic Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Notices 54491 scheduled and unscheduled premium ‘‘Surrender Charge’’). The Surrender Policy Percent- payment made during the life of the Charge is calculated as a percentage of year age Applied to Policy. basic scheduled premiums, and will be 18. NELICO deducts from a Policy’s applied to an amount equal to the total 7* 20.00 Four annualized basic cash value, on the Policy date and on annualized basic scheduled premiums scheduled premiums. for the Policy payable through the 8* 15.00 Four annualized basic the first day of each Policy month, a scheduled premiums. Policy year in which total or partial monthly deduction, consisting of an 9* 10.00 Four annualized basic administrative charge and a minimum surrender, lapse, or face amount scheduled premiums. death benefit guarantee charge, and a reduction occurs, up to a maximum of 10* 5.00 Four annualized basic charge for the cost of providing four annualized basic scheduled scheduled premiums. insurance protection for the Policy premiums. 11* 0.00 Four annualized basic month equal to the amount at risk 20. The Surrender Charge rate that scheduled premiums. multiplied by the cost of insurance rate applies in each Policy year is indicated for that month. NELICO also charges the below: *End of policy year. sub-accounts of the Variable Account 21. For the first four Policy years the for mortality and expense risks, at an Policy Percent- year age Applied to Surrender Charge rate that applies in a annual rate of 0.60% (guaranteed not to particular year remains level throughout exceed 0.90%) of the value of each sub- 1 55.00 One annualized basic that year. Beginning in the fifth Policy account’s assets attributable to the scheduled premium. year, the Surrender Charge rate declines Policies; and charges for investment 2 55.00 Two annualized basic advisory and other Fund expenses are scheduled premiums. on a monthly basis to the end of year 3 deducted from Fund assets and are 3 36.67 Three annualized basic rates shown in the table above. The indirectly borne by owners of Policies. scheduled premiums. maximum dollar amount of the charge 4 27.50 Four annualized basic 19. During the first eleven Policy applies in Policy years two through scheduled premiums. four. The dollar amount of the years, NELICO deducts a charge from a 5* 26.25 Four annualized basic Policy’s cash value upon a full or partial scheduled premiums. Surrender Charge is also limited to an surrender, upon a reduction in face 6* 25.00 Four annualized basic amount per $1,000 of a Policy’s face amount, or upon lapse of the Policy (the scheduled premiums. amount. These limits are:
Policy year 1 2 3 4 5 6 7 8 9 10 11
Maximum surrender charge per $1,000 of face amount ...... $47 $44 $42 $39 $37 $35 $33 $31 $29 $27 $25
22. In the case of a partial surrender Applicant’s Legal Analysis that the death benefit will not be less or reduction in face amount, the than an initial dollar amount stated in Definition of ‘‘Variable Life Insurance the policy. Applicants request relief Surrender Charge is deducted from the Contract’’ Policy’s cash value in an amount from the definition of ‘‘variable life proportional to the amount of the face 1. Rule 6c–3 grants exemptions from insurance contracts’’ set forth in Rule amount surrender. those provisions of the Act that are 6e–2(c)(1) because Applicants must rely specified in paragraph (b) of Rule 6e–2 on certain exemptive provisions in Rule 23. The Surrender Charge is deducted (except for Sections 7 and 8(a)) to 6e–2(b), as described below, in from the Policy’s available cash value, certain separate accounts of life connection with the issuance and sale of regardless of whether the cash value insurance companies that support the Policies. comes from scheduled premiums, variable life insurance policies. 2. Applicants must avail themselves unscheduled payments or investment Specifically, the exemptions provided of certain relief provided by Rule 6e– experience. If the applicable Surrender by Rule 6c–3 are available only to 2(b), as set forth below, in order to issue, Charge amount equals or exceeds the separate accounts registered under the sell, and maintain the Policies.4 available cash value, there will be no Act whose assets are derived solely from Applicants request relief to the extent proceeds paid to the Policy owner upon the sale of ‘‘variable life insurance necessary to permit reliance on the surrender or lapse. The Surrender contracts’’ that meet the definition set exemptions provided in each of the Charge covers the following expenses: forth in Rule 6e–2(c)(1), and from provisions of Rule 6e–2 that are set forth developmental costs associated with the certain advances made by the insurer. below, in connection with the issuance Policies (such as actuarial, legal, The term ‘‘variable life insurance and sale of the Policies. systems and other overhead costs), contract’’ is defined by Rule 6e–2(c)(1) (a) Paragraph (b)(1)—Sales load is no underwriting, and marketing and other to include only life insurance policies longer subject to the specific distribution expenses. that provide a death benefit and a cash quantitative limits set forth in the Act, surrender value, both of which vary to and rules thereunder. It is nonetheless reflect the investment experience of the possible that the amount of ‘‘sales load’’ separate account, and that guarantee imposed under the Policies would need
3 In all cases, the annualized premium amount to dollar amount of the Surrender Charge may be Account as a ‘‘unit investment trust,’’ but would which the Surrender Charge applies is calculated higher because the dollar amount of an annual basic become necessary if the Variable Account were to based on the premium payment frequency in effect scheduled premium is somewhat higher if it is paid be restructured as an open-end management at the time. Therefore, if basic scheduled premiums in installments rather than once a year. company in the future. The Policies permit such a are being paid in quarterly installments rather than 4 restructuring. annually at the time of a full or partial surrender, Certain of the relief requested may not currently a reduction in face amount or lapse of a Policy, the be necessary in light of the structure of the Variable 54492 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Notices to be determined (for example, in Section 17(f) in order to maintain been otherwise increased to satisfy connection with analyzing an exchange separate account assets in the custody of Federal tax law requirements. offer involving the Policies; or analyzing NELICO or an affiliate thereof, in 4. The Policies also contain other variations in sales load pursuant to accordance with the requirements of provisions, relating primarily to the Section 22(d) of the Act). Accordingly, paragraph (b)(9). flexibility of premium payments, that Applicants seek relief permitting them (i) Paragraph (b)(10)—Relief is are not specifically addressed in Rule to rely on paragraph (b)(1) of Rule 6e– requested to permit Applicants to rely 6e–2. Applicants therefore request relief 2. on the exemptions provided from to the extent necessary to permit (b) Paragraph (b)(3)—Relief is Section 18(i) in order to provide for reliance on the definition of ‘‘variable requested to permit the Variable variable contract owner voting as life insurance contract’’ in Rule 6e– Account to rely on paragraph (b)(3)(ii) of contemplated by and in accordance 2(c)(1), and on the exemptions provided Rule 6e–2 in order to effect compliance with the requirements of paragraph in each of the provisions of paragraph with Section 8(b) of the Act (regarding (b)(10). (b) of Rule 6e–2 that are set forth above, the filing of a registration statement (j) Paragraph (b)(12)—Relief is under the same terms and conditions with the Commission). requested to permit Applicants to rely applicable to a separate account that (c) Paragraph (b)(4)—Relief is on the exemptions provided from satisfies the conditions set forth in Rule requested to permit Applicants to apply Section 22(d), 22(e) and Rule 22c–1 in 6e–2. the eligibility restrictions of Section 9 of connection with the issuance, transfer 5. Applicants submit that the the Act in the fashion contemplated by and redemption procedures for the considerations that led the commission paragraph (b)(4). Policies, including premium processing, to adopt Rules 6c–3 and 6e–2 apply (d) Paragraph (b)(5)—Relief is premium rate structure, underwriting equally to the Variable Account and requested to permit Applicants to rely standards, and the benefit provided by NELICO’s Policy, and that the on the exemptions provided from the Policies, as contemplated by and in exemptions provided by these rules Section 13(a) of the Act relating to the should be granted to the Variable accordance with the requirements of imposition by an insurance regulatory Account and to the other Applicants on paragraph (b)(12). authority of certain requirements on the the terms specified in those rules, (k) Paragraph (b)(14)—Relief is investment policies of the Variable except to the extent that further requested to permit Applicants to rely Account; and disapproval by NELICO of exemption from those terms is on the relief provided by paragraph changes in the investment policy of the specifically requested herein. Variable Account initiated by contract (b)(15) of Rule 6e–2 (see below), which Redeemability owners, under circumstances in turn refers to the conditions of contemplated by and in accordance paragraph (b)(14). 6. Section 27(i)(2)(A) of the Act with the requirements of paragraph (l) Paragraph (b)(15)—Relief is provides that no registered separate (b)(5). requested to permit Applicants to rely account funding variable insurance (e) Paragraph (b)(6)—Relief is on the exemptions provided from contracts or its sponsoring insurance requested to permit Applicants to rely Section 9(a), and to facilitate the voting company shall sell such a contract on the relief provided by paragraph by NELICO of shares of management unless it is a ‘‘redeemable security.’’ (b)(15) of Rule 6e–2 (see below), which investment companies held by the Section 2(a)(32) defines a ‘‘redeemable in turn refers to the conditions of Variable Account in disregard of security’’ as one entitling its holder to paragraph (b)(6). contract owner instructions under the receive ‘‘approximately his (f) Paragraph (b)(7)—Relief is circumstances contemplated by, and in proportionate share’’ of the issuer’s requested to permit Applicants to rely accordance with the requirements of, current net asset value upon on the exemptions provided from paragraph (b)(15). Relief is also presentation to the issuer. Applicants Section 15 (a), (b), and (c) relating to an requested to permit Applicants to rely request relief from the requirement in insurance regulatory authority on the exemptions provided from Section 27 that the Policy be a disapproving advisory or underwriting Section 14(a), 15(a), 16(a), and 32(a)(2) ‘‘redeemable security,’’ and from the contracts; disapproval by NELICO of in connection with any registered definition of ‘‘redeemable security’’ set changes in the principal underwriter for management investment company forth in Section 2(a)(32), in connection the Variable Account initiated by established by NELICO in the future in with the issuance and sale of the contract holders; and disapproval by connection with the Policies, in Policies. NELICO of changes in the investment accordance with the requirements of 7. Rule 22c–1 requires that a Policy be adviser to the Variable Account initiated paragraph (b)(15), and paragraphs (b)(5), redeemed at a price based on the current by contract owners, under (b)(7), (b)(8), and (b)(14) of Rule 6e–2. net asset value of the Policy next circumstances contemplated by and in 3. Applicants believe the Option 2 computed after receipt of the request for accordance with the requirements of death benefit under the Policies falls surrender. If the conditions of Rule 6e– paragraph (b)(7). within the requirement that it ‘‘vary to 2(b)(12) are satisfied, paragraph (b)(12) (g) Paragraph (b)(8)—Relief is reflect the investment experience of the provides certain exemptions from Rule requested to permit Applicants to rely separate account.’’ Although the Option 22c–1. A contingent deferred charge on the exemptions provided from 2 death benefit varies only when the such as the Surrender Charge may, Section 16(a) relating to an insurance Policy’s cash value exceeds its ‘‘tabular however, not be contemplated by Rule regulatory authority disapproving or cash value,’’ it is analogous to more 6e–2(b)(12), and thus may be deemed removing a member of the board of conventional scheduled premium inconsistent with Rule 6e–2(b)(12), to directors of a separate account, under variable life insurance policies, which the extent that the charge can be viewed circumstances contemplated by and in provide for death benefits that increase as causing a Policy to be redeemed at a accordance with the replacements of when investment experience exceeds an price based on less than the current net paragraph (b)(8). assumed investment rate. A policy asset value that is next computed after (h) Paragraph (b)(9)—Relief is under the Option 1 death benefit, full or partial surrender of the Policy. requested to permit Applicants to rely however, will fail to satisfy this Accordingly, Applicants request relief on the exemptions provided from requirement if the death benefit has not from Rule 22c–1 and Rule 6e–2(b)(12), Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Notices 54493 to the extent necessary to permit the For the Commission, by the Division of Fund, Inc. (‘‘Government Income deduction of the Surrender Charge on Investment Management, pursuant to Fund’’), Prudential MoneyMart Assets, surrender, partial surrender, face delegated authority. Inc. (‘‘MoneyMart Fund’’), and amount reduction or lapse of a Policy. Margaret H. McFarland, Prudential Securities Incorporated 8. Although Section 2(a)(32) does not Deputy Secretary. (‘‘PSI’’). specifically contemplate the imposition [FR Doc. 97–27655 Filed 10–17–97; 8:45 am] FILING DATES: The application was filed of a charge at the time of redemption, BILLING CODE 8010±01±M on June 20, 1996 and was amended and Applicants assert that such charges are restated on July 8, 1997 and September not necessarily inconsistent with the 17, 1997. definition of ‘‘redeemable security.’’ SECURITIES AND EXCHANGE HEARING OR NOTIFICATION OF HEARING: An 9. Applicants submit that although COMMISSION order granting the application will be the deferred imposition of the Surrender issued unless the Commission orders a Charge (upon surrender or lapse) may [Rel. No. IC±22854: File No. 812±10288] hearing. Interested persons may request not fall within the historical pattern of The Prudential Insurance Company of a hearing by writing to the Secretary of all the provisions described in this America, et al. the Commission and serving Applicants Application, that does not change the with a copy of the request, personally or charge’s essential nature. Moreover, the October 10, 1997. by mail. Hearing requests should be proposed amendments to Rule 6e–2 AGENCY: The Securities and Exchange would permit a sales charge to be received by the Commission by 5:30 Commission (the ‘‘Commission’’). p.m. on November 4, 1997, and should imposed on a contingent deferred basis. ACTION: Notice of application for an Contingent deferred charges are also be accompanied by proof of service on order under section 11(a) of the Applicants in the from of an affidavit or, authorized by Rule 6e–3(T) for policies Investment Company Act of 1940 (the able to rely on that rule. Therefore, for lawyers, a certificate of service. ‘‘1940 Act’’) permitting certain exchange Hearing requests should state the nature Applicants submit that the Surrender offers between certain unit investment Charge is consistent with the principles of the requester’s interest, the reason for trusts and certain open-end the request, and the issues contested. and policies underlying the limitations management investment companies. in Section 2(a)(32), 22(c) and 27(i)(2)(A) Persons may request notification of a hearing by writing to the Secretary of of the Act and Rules 6e–2(b)(12) and SUMMARY OF APPLICATION: Applicants 22c–1 thereunder. seek an order amending a previous the Commission. order 1 (the ‘‘Prior Order’’), which ADDRESSES: Secretary, SEC. 450 Fifth Class Exemption for Future approved the terms of certain offers of Street, N.W. Washington, D.C. 20549. Underwriters exchange from interests in certain unit Applicants, c/o Christopher E. Palmer, 10. Applicants seek to have the relief investment trusts to certain open-end Shea & Gardner, 1800 Massachusetts they request extend to underwriters that management investment companies. Ave., N.W., Washington, D.C. 20036. may, in the future, act as principal Applicants seek an amended order: (1) FOR FURTHER INFORMATION CONTACT: underwriters of the Policies (‘‘Future To extend relief to open-end Ethan D. Corey, Attorney, or Kevin M. Underwriters’’). Future Underwriters management investment companies that Kirchoff, Branch Chief, Office of will be members of the NASD. have succeeded to the assets of those Insurance Products, Division of 11. Applicants represent that the open-end management investment Investment Management, at (202) 942– terms of the relief requested with companies granted relief in the Prior 0670. respect to any Future Underwriters are Order; (2) to permit exchanges both SUPPLEMENTARY INFORMATION: The consistent with the standards set forth ways between the unit investment trusts following is a summary of the in Section 6(c) of the Act. Further, and the successor management application; the complete application is Applicants state that, without the investment companies; and (3) to permit available for a fee from the requested class relief, exemptive relief exchanges between the unit investment Commission’s Public Reference Branch, for any Future Underwriter would have trusts and certain other similar current 450 5th Street, N.W., Washington, D.C. to be requested and obtained separately. and future funds. 20549 (tel. (202) 942–8090). Applicants assert that such additional APPLICANTS: The Prudential Insurance Applicants’ Representations requests for exemptive relief would Company of America (‘‘Prudential’’), present no issues under the Act not Prudential Dryden Fund (‘‘Dryden 1. Prudential is a mutual life already addressed herein. Applicants Fund,’’ formerly The Prudential insurance company organized under submit that their request for class Institutional Fund (‘‘PIF’’)), The New Jersey Law. exemptions is necessary or appropriate Prudential Variable Contract Account– 2. The Dryden Fund, formerly PIF, is in the public interest and consistent 10 (‘‘VCA–10’’), The Prudential Variable an open-end, no-load, registered with the protection of investors and the Contract Account–11 (‘‘VCA–11’’), The management investment company. Prior purposes fairly intended by the policy Prudential Variable Contract Account– to the reorganization described below, and provisions of the Act, and that an 24 (‘‘VCA–24,’’ collectively with VCA– PIF was a series mutual fund with the order of the Commission including such 10 and VCA–11, the ‘‘Medley separate following seven series, each of which is class relief, should, therefore, be accounts’’), Prudential Investment referred to as a ‘‘PIF Fund’’: PIF Growth granted. Management Services LLC (‘‘PIMS’’), Stock Fund, PIF Balanced Fund, PIF International Stock Fund, PIF Income Conclusion Prudential Jennison Series Fund, Inc. (‘‘Jennison Fund’’), Prudential Fund, PIF Money Market Fund, PIF For the reasons summarized above, Allocation Fund (‘‘Allocation Fund’’), Active Balanced Fund, and PIF Stock Applicants assert that the requested Prudential World Fund, Inc. (‘‘World Index Fund. PIF was generally available exemptions are appropriate in the Fund’’), Prudential Government Income only as an investment vehicle to certain public interest and consistent with the retirement programs and other protection of investors and purposes 1 Prudential Insurance Company of America, File institutional investors. fairly intended by the policy and No. 812–8536, Rel. No. IC–19826 (Nov. 8, 1993) 3. The Jennison Fund, the World provisions of the Act. (Notice), Rel. No. IC–19918 (Dec. 2, 1993) (Order). Fund, the Government Income Fund, 54494 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Notices and the MoneyMart Fund are organized ‘‘Companion Contract’’) and up to three 1934 Act. PSI distributes the shares of as Maryland corporations and each is group variable annuity contracts, each class of the PMF/Dryden Funds. registered under the 1940 Act as a funded by VCA–10, VCA–11 and VCA– 10. Applicants request that the diversified open-end management 24, respectively. Typically, a Participant Commission amend the Prior Order to investment company. The Jennison may choose to have contributions allow Participants to exchange any or all Fund consists of two series: The invested in any one or more of the of their units of the Medley separate Jennison Growth Stock Fund and the Companion Contract, VCA–10, VCA–11 accounts for Class Z shares of any or all Jennison Growth and Income Fund. and the subaccounts of VCA–24. Subject of the PMF/Dryden Funds, the successor Currently, the World Fund consist of to certain limitations, Participants may funds to PIF (the ‘‘Medley-to-PMF/ two series: the International Stock transfer amounts credited to their Dryden Exchanges’’). Any Medley-to- Series and the Global Series. The accumulation accounts during the PMF/Dryden Exchange will be effected Allocation Fund is organized as a accumulation period. at the relative net asset values of the Massachusetts business trust and is 7. The Prior Order approved an securities exchanged, and will be priced registered under the Act as a diversified exchange program referred to as in accordance with Rule 22c–1 under open-end management investment ‘‘Medley Plus’’ under which the 1940 Act. No sales load, company. The Allocation Fund consists Participants could transfer amounts administrative fee, redemption fee, or of two series: the Balanced Portfolio and from any of the Medley separate other transaction charge will be the Strategy Portfolio. The Jennison accounts to PIF. No fee of any kind was imposed at the time of a Medley-to- Growth Stock Fund of the Jennison imposed at the time of the exchange and PMF/Dryden Exchange. Moreover, all Fund, the International Stock Series of PIF shares acquired in an exchange were PMF/Dryden Fund Class Z shares, the World Fund, the Government not subject to any deferred sales load or including those acquired in a Medley- Income Fund, the MoneyMart Fund, redemption fee. Although these to-PMF/Dryden Exchange, are not and the Balanced Portfolio of the exchanges were effected at relative net subject to any deferred sales load upon Allocation Fund are referred to asset value, the Prior Order was their subsequent redemption because individually as a ‘‘PMF Fund’’ and obtained because of the involvement of Class Z shares are completely no-load. 11. Applicants also request that the collectively as the ‘‘PMF Funds.’’ Each VCA–24, which is a unit investment Commission amend the Prior Order to PMF Fund offers Class Z shares to trust. Section 11(c) of the 1940 Act permit holders of Class Z shares of any certain institutional investors and other requires the Commission’s approval of PMF/Dryden Fund to exchange any or investors meeting specified criteria exchange offers involving registered all such shares for units of any or all of without a sales charge or a Rule 12b–1 unit investment trusts unless the the Medley separate accounts (the fee. exchange can be effected pursuant to an ‘‘PMF/Dryden-to-Medley Exchanges’’). 4. VCA–10 and VCA–11 are separate exemptive rule. accounts of Prudential that are Any PMF/Dryden-to-Medley Exchange 8. The PMF Funds (Jennison Growth registered as open-end management will be effected at the relative net asset Stock Fund, Balanced Portfolio of the investment companies under the 1940 values of the securities to be exchanged, Act. Prudential is the investment Allocation Fund, International Stock and will be priced in accordance with manager of VCA–10 and VCA–11. VCA– Series of World Fund, Government Rule 22c–1 under the 1940 Act. No sales 24 is a separate account of Prudential Income Fund and MoneyMart Fund) load, administrative fee, redemption fee, that is registered as a unit investment have acquired all or substantially all of or other transaction charge will be trust under the 1940 Act. VCA–24 has the assets of five of the seven PIF Funds imposed at the time of a PMF/Dryden- seven separate subaccounts, each of (PIF Growth Stock Fund, PIF Balanced to-Medley Exchange. No sales load will which invests exclusively in a single Fund, PIF International Stock Fund, PIF be imposed on the subsequent surrender corresponding portfolio of The Income Fund and PIF Money Market of any interests in the Medley separate Prudential Series Fund, Inc. (the ‘‘Series Fund, respectively) in exchange for accounts acquired in a PMF/Dryden-to- Fund’’), an open-end management Class Z shares of the relevant PMF Medley Exchange. investment company. Fund, and have distributed such Class 12. With respect to both Medley-to- 5. PIMS is a direct wholly-owned Z shares to the shareholders of the PIF PMF/Dryden Exchanges and PMF/ subsidiary of Prudential and is Funds (the ‘‘Reorganization’’). The two Dryden-to-Medley Exchanges, registered as a broker-dealer under the remaining PIF Funds did not merge into Prudential will, in its sole discretion, Securities Exchange Act of 1934 (the a different fund, but entered into new determine to whom an exchange offer ‘‘1934 Act’’). It is the principal investment advisory and distribution will be made, the time period during underwriter of the group variable contracts with Prudential Mutual Fund which the exchange offer will be in annuity contracts funded through the Management LLC (‘‘PMF’’) and related effect, and when an exchange offer is Medley separate accounts. entities, and thereby became part of the terminated. Prudential may, for 6. The Medley program consists of same ‘‘group of investment companies’’ example, establish fixed periods of time Prudential group annuity contracts as the PMF Funds, as that term is for exchanges under a particular issued to employers (‘‘Contractholders’’) defined in Rule 11a–3 under the 1940 contract (a ‘‘window’’) of at least 60 who make contributions under them on Act. PIF’s name was changed to days in length. No open-ended exchange behalf of their employees ‘‘Prudential Dryden Fund,’’ and its two offer will be terminated or its terms (‘‘Participants’’). The contracts are remaining series (the Prudential Active amended materially without prominent offered for use in connection with Balanced Fund and the Prudential Stock notice to any Contractholder subject to retirement arrangements that qualify for Index Fund) now each issue Class Z that offer of the impending termination federal tax benefits under Sections 401, shares with no sales load or Rule 12b– or amendment at least 60 days prior to 403(b), 408 or 457 of the Internal 1 fees. The five PMF Funds and the two the date of termination or the effective Revenue Code of 1986, as amended, and Dryden Funds are referred to together as date of the amendment; provided, with certain non-qualified annuity the ‘‘PMF/Dryden Funds.’’ however, that no such notice will be arrangements. Under the Medley 9. PSI is an indirect, wholly-owned required if, under extraordinary program, a Contractholder may hold a subsidiary of Prudential and is circumstances, either: (a) There is a fixed-dollar group annuity contract (the registered as a broker-dealer under the suspension in redemption of the Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Notices 54495 exchanged security under Section 22(e) Exchanges’’). In addition, Applicants 2639, 76th Cong., 2d Sess. 8 (1940). One of the 1940 Act or rules thereunder; or request that the Commission amend the of the practices Congress sought to (b) the offering company temporarily Prior Order to permit holders of prevent through Section 11 was the delays or ceases the sale of the security Prudential Class Z Fund shares to practice of inducing investors to switch because it is unable to invest amounts exchange any or all such shares for units securities so that the promoter could effectively in accordance with of any or all of the Medley separate charge investors another sales load. applicable investment objectives, accounts (the ‘‘Prudential Class Z-to- Applicants assert that the proposed policies and restrictions. Medley Exchanges’’). Applicants offers of exchange involve no possibility 13. Applicants represent that at the represent that all Medley-to-Prudential of such abuse. On a Medley-to-PMF/ commencement of the exchange offer, Class Z Exchanges will be subject to the Dryden Exchange, there is no sales load and at all times thereafter, the Medley same conditions as those set forth in the or transaction fee, and the acquired prospectus will: (a) Disclose that no application that is the subject of this PMF/Dryden shares are completely no- administrative or redemption fee will be notice (the ‘‘Application’’) as applicable load. On a PMF/Dryden-to-Medley imposed in connection with the to the Medley-to-PMF/Dryden Exchange, there is not sales load or exchange program; (b) disclose that the Exchanges. Applicants further represent exchange offer is subject to termination that all Prudential Class Z-to-Medley transaction fee, and so sales load will be and that its terms are subject to change; Exchanges will be subject to the same imposed on the subsequent surrender of and (c) describe the tax implications of conditions as those set forth in the any interests in the Medley separate the exchanges including, if appropriate, Application as applicable to the PMF/ accounts acquired in such an exchange. a description of any adverse tax Dryden-to-Medley Exchanges. 3. Applicants submit that providing consequences of an exchange. Applicants’ Legal Analysis class relief is appropriate. Applicants Applicants anticipate that the exchange request that the order extend to all offers will be extended only to persons 1. Section 11(a) of the 1940 Act Prudential Class Z Funds which, like that have been provided a copy of the provides, in pertinent part, that it shall the PMF/Dryden Funds, offer shares current Medley prospectus. As long as be unlawful for any registered open-end that are subject to no front-end sales that is the case and the disclosure about company or any principal underwriter charge, no Rule 12b–1 fee, and no for such a company to make or cause to the exchange offer is in the Medley contingent deferred sales charge. Those be made an offer to the holder of a prospectus, no additional disclosure exchanges would be on the same terms security of such company, or of any about the exchange offers will be as the exchanges with the PMF/Dryden included in the PMF/Dryden other open-end investment company, to Funds, and therefore there would be no prospectuses because those funds are exchange his or her security for a possibility of the abuses Congress offered to a significant number of security in the same or another such persons who will not be given the company on any basis other than the sought to prevent through Section 11. exchange offer. Applicants represent relative net asset values of the Furthermore, without such exemptive that if the exchange offer is extended to respective securities to be exchanged, relief, before Medley Participants could persons that have not been provided unless the terms of the offer have first be given any additional exchange copies of the current Medley been submitted to and approved by the options, Applicants would have to prospectus, the PMF/Dryden Commission. Section 11(c) of the 1940 apply for and obtain additional approval prospectuses also will: (a) Disclose that Act provides that, irrespective of the orders. Applicants believe that such no administrative or redemption fee will basis of exchange, Commission approval additional applications would present be imposed in connection with the is required for any offer of exchange of no new issues under the 1940 Act not exchange program; (b) disclose that the any security of a registered open-end already addressed in the Application. exchange offer is subject to termination company for a security of a registered 4. Applicants submit that the and its terms are subject to change; and unit investment trust, or any offer of proposed offers of exchange meet all the (c) describe the tax implications of the exchange of any security of a registered requirements of Section 11, and provide exchanges including, where unit investment trust for the securities a benefit to Contractholders and appropriate, a description of any of any other investment company. Participants by providing new adverse tax consequences of an Accordingly, although Applicants investment options and an attractive exchange. believe that the proposed exchanges way to exchange existing securities for 14. Applicants request that the will be at net asset value, Commission interests in those options. Commission amend the Prior Order to approval is required for the proposed allow exchanges not only with the PMF/ exchanges because of the involvement Conclusion Dryden Funds, but also with all other of VCA–24, a registered unit investment current and future classes of registered trust. Applicants state that they cannot For the reasons summarized above, open-end management investment rely on existing exemptive rules because Applicants assert that the requested companies for which Prudential or an neither Rule 11a–2 nor Rule 11a–3 exemptions are appropriate in the affiliate serves as investment adviser or permits exchanges between a unit public interest and consistent with the principal underwriter for which there is investment trust separate account and protection of investors and the purposes no front-end sales charge, no Rule 12b– an open-end investment company that fairly intended by the policy and 1 fee, and no contingent deferred sales is not a separate account. provisions of the 1940 Act. charge (each a ‘‘Prudential Class Z 2. The legislative history of Section 11 For the Commission, by the Division of Fund’’). Specifically, Applicants request of the 1940 Act indicates that its Investment Management, pursuant to that the Commission amend the Prior purpose is to provide the Commission delegated authority. Order to allow Participants to exchange with an opportunity to review the terms any or all of their units in the Medley of certain offers of exchange to ensure Margaret H. McFarland, separate accounts for shares of any or all that a proposed offer is not being made Deputy Secretary. of the Prudential Class Z Funds (the ‘‘solely for the purpose of exacting [FR Doc. 97–27654 Filed 10–17–97; 8:45 am] ‘‘Medley-to-Prudential Class Z additional selling charges.’’ H. Rep. No. BILLING CODE 8010±01±M 54496 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Notices
SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s B. Self-Regulatory Organization’s COMMISSION Statement of the Purpose of, and Statement on Burden on Competition Statutory Basis for, the Proposed Rule The Exchange believes that the [Release No. 34±39230; File No. SR±CHX± Change proposal does not impose any burden 97±24] 1. Purpose on competition that is not necessary or Self-Regulatory Organizations; appropriate in furtherance of the Pursuant to its Rule 80A, the NYSE purposes of the Act. Chicago Stock Exchange; Notice of currently prohibits the entry of stop Filing of Proposed Rule Change orders and stop limit orders if the price C. Self-Regulatory Organization’s Regarding A Ban on the Entry of of the primary Standard and Poor’s 500 Statement on Comments on the Certain Stop Orders and Stop Limit Stock Price Index 3 futures contract Proposed Rule Change Received From Orders traded on the Chicago Mercantile Members, Participants or Others October 10, 1997. Exchange reaches a value 12 points The Exchange has neither solicited below the contract’s closing value on Pursuant to Section 19(b)(1) of the nor received written comments on the the previous trading day. Likewise, the Securities Exchange Act of 1934 proposed rule change. Boston Stock Exchange (‘‘BSE’’) (‘‘Act’’),1 and Rule 19b–4 thereunder,2 prohibits the entry of stop and stop limit III. Date of Effectiveness of the notice is hereby given that on orders on the BSE when the NYSE has Proposed Rule Change and Timing for September 22, 1997, the Chicago Stock a ban in place.4 Commission Action Exchange, Inc. (‘‘CHX’’ or ‘‘Exchange’’) The Exchange has previously adopted Within 35 days of the publication of filed with the Securities and Exchange 5 Commission (‘‘SEC’’ or ‘‘Commission’’) circuit breaker rules on a pilot basis this notice in the Federal Register or which parallel the circuit breaker rules within such longer period (i) as the the proposed rule change as described 6 in Items I, II and III below, which Items of the NYSE. Such rules are designed Commission may designate up to 90 have been prepared by the self- to dampen market volatility by days of such date if it finds such longer regulatory organization. The providing a ‘‘time-out’’ to permit period to be appropriate and publishes Commission is publishing this notice to investors and market professionals to its reasons for so finding or (ii) as to solicit comments on the proposed rule evaluate the state of the market. which the self-regulatory organization change from interested persons. However, unlike the NYSE, the consents, the Commission will: Exchange has not previously prohibited A. By order approve such proposed I. Self-Regulatory Organization’s the entry of stop and stop limit orders rule change, or Statement of the Terms of Substance of during times of market stress. B. Institute proceedings to determine the Proposed Rule Change The Exchange believes that the whether the proposed rule change The Exchange proposes to add Article prohibition of stop orders and stop limit should be disapproved. orders, except for individual investor IX, Rule 10B (Stop Order Ban Due to IV. Solicitation of Comments Extraordinary Market Volatility). The orders of up to 2099 shares, during Interested persons are invited to new rule would prohibit the entry of periods of market stress will facilitate submit written data, views and certain stop orders and stop limit orders the maintenance of an orderly market arguments concerning the foregoing. if the New York Stock Exchange and reduce market volatility. Persons making written submissions (‘‘NYSE’’) implements a stop order ban 2. Statutory Basis should file six copies thereof with the pursuant to NYSE Rule 80A. The new Secretary, Securities and Exchange rule would exempt stop orders and stop The Exchange believes the proposed Commission, 450 Fifth Street, NW., limit orders of 2,099 shares or less for rule change is consistent with the Washington, DC 20549. Copies of the the account of an individual investor requirements of Section 6(b)(5) of the 7 submission, all subsequent pursuant to instructions received Act which requires that the rules of the amendments, all written statements directly from the individual investor. Exchange be designed to prevent with respect to the proposed rule The text of the proposed rule change is fraudulent and manipulative acts and change that are filed with the available at the Office of the Secretary, practices, to promote just and equitable Commission, and all written the CHX, and at the Commission. principles of trade, and, in general, to protect investors and the public interest. communications relating to the II. Self-Regulatory Organization’s proposed rule change between the Statement of the Purpose of, and 3 Standard and Poor’s 500 Stock Index is a service Commission and any person, other than Statutory Basis for, the Proposed Rule mark of Standard and Poor’s Corporation. those that may be withheld from the Change 4 See Ch. II, Sec. 35(b) of the BSE’s rules. public in accordance with the 5 See Securities Exchange Act Release Nos. 26218 In its filing with the Commission, the provisions of 5 U.S.C. 552, will be (October 26, 1988), 53 FR 44137 (November 1, 1988) available for inspection and copying at self-regulatory organization included (order approving File No. SR–MSE–88–9); 27370 statements concerning the purpose of (October 23, 1989), 54 FR 43881 (October 27, 1989) the Commission’s Public Reference (order approving File No. SR–MSE–89–9); 28580 Section, 450 Fifth Street, NW., and basis for the proposed rule change (October 25, 1990), 55 FR 45895 (October 31, 1990) and discussed any comments it received Washington, DC 20549. Copies of such (order approving File No. SR–MSE–90–16); 29868 filing will also be available for on the proposed rule change. The text (October 28, 1991), 56 FR 56535 (November 5, 1991) of these statements may be examined at (order approving File No. SR–MSE–91–14); 33120 inspection and copying at the principal (October 29, 1993), 58 FR 59503 (November 9, 1993) office of the CHX. All submissions the places specified in Item IV below. (order approving File No. SR–CHS–93–22); 36414 The self-regulatory organization has should refer to File Number SR–CHX– (October 25, 1995), 60 FR 55630 (November 1, 1995) 97–24 and should be submitted by prepared summaries, set forth in (order approving File No. SR–CHX–95–23); 37459 Sections A, B, and C below, of the most (July 19, 1996), 61 FR 39172 (July 26, 1996) (order November 10, 1997. significant aspects of such statements. approving File No. SR–CHX–96–20); and 38221 Margaret H. McFarland, (January 31, 1997), 62 FR 5871 (February 7, 1997) Deputy Secretary. (order approving File No. SR–CHX–96–33). 1 15 U.S.C. 78s(b)(1). 6 See CHX Art. IX, Rule 10A. [FR Doc. 97–27696 Filed 10–17–97; 8:45 am] 2 17 CFR 240.19b–4. 7 15 U.S.C. 78f(b)(5). BILLING CODE 8010±01±M Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Notices 54497
DEPARTMENT OF STATE The effect of this notice is that TWC the Treasury and after a thorough may once again participate in the export review of the circumstances [Public Notice PN 2604] or transfer of defense articles or defense surrounding the conviction or Office of Defense Trade Controls; services subject to section 38 of the ineligibility to export and finding that Reinstatement of Eligibility To Apply AECA and the ITAR. appropriate steps have been taken to for Export/Retransfer Authorizations Dated: October 2, 1997. mitigate any law enforcement concerns. Pursuant to Section 38(g)(4) of the William J. Lowell, In accordance with these authorities, effective August 28, 1997, eligibility for Arms Export Control Act Director, Office of Defense Trade Controls, Bureau of Political-Military Affairs, U.S. Delft Instruments N.V., (Delft) to apply AGENCY: Department of State. Department of State. for export and retransfer authorizations ACTION: Notice. [FR Doc. 97–27678 Filed 10–17–97; 8:45 am] has been reinstated pursuant to section 38(g)(4) of the AECA and section 127.11 BILLING CODE 4710±25±M SUMMARY: Notice is hereby given of of the ITAR. persons who have had their eligibility to The effect of this notice is that Delft apply for export/retransfer DEPARTMENT OF STATE may once again participate in the export authorizations reinstated pursuant to or transfer or defense articles or defense section 38(g)(4) of the Arms Export [Public Notice PN 2605] services subject to section 38 of the Control Act, (the AECA), (22 U.S.C. AECA and the ITAR. 2778(g)(4)) and section 127.11(b) Office of Defense Trade Controls; Dated: October 2, 1997. (formerly section 127.10(b)) of the Reinstatement of Eligibility To Apply International Traffic in Arms for Export/Retransfer Authorizations William J. Lowell, Regulations, (the ITAR), (22 C.F.R. Parts Pursuant to Section 38(g)(4) of the Director, Office of Defense Trade Controls, 120–130). Arms Export Control Act Bureau of Political-Military Affairs, U.S. Department of State. EFFECTIVE DATE: June 17, 1997. AGENCY: Department of State. [FR Doc. 97–27679 Filed 10–17–97; 8:45 am] FOR FURTHER INFORMATION CONTACT: ACTION: Notice. BILLING CODE 4710±25±M Philip S. Rhoads, Chief, Compliance Enforcement Branch, Compliance SUMMARY: Notice is hereby given of Division, Office of Defense Trade persons who have had their eligibility to DEPARTMENT OF STATE Controls, Bureau of Political-Military apply for export/retransfer Affairs, Department of State (703) 875– authorizations reinstated pursuant to [Public Notice No. 2621] 6644. section 38(g)(4) of the Arms Export Notice of Briefing SUPPLEMENTARY INFORMATION: Section Control Act, (the AECA), (22 U.S.C. 38(g)(A) of the AECA and section 2778(g)(4)) and section 127.11(b) The Department of State announces 127.11(a) of the ITAR prohibit the (formerly section 127.10(b)) of the the next briefing on U.S. foreign policy issuance of export licenses or other International Traffic in Arms economic sanctions programs to be held approvals to a person, or any party to Regulations (the ITAR), (22 CFR Parts on Thursday, October 30, 1997, from export, who has been convicted of 120–130). 2:00 p.m. until 3:30 p.m., in the State violating certain U.S. criminal statutes EFFECTIVE DATE: August 28, 1997. Department Dean Acheson auditorium, enumerated at section 38(g)(1) of the FOR FURTHER INFORMATION CONTACT: 2201 C Street N.W., Washington, D.C. AECA and section 120.27 of the ITAR. Philip S. Rhoads, Chief, Compliance This briefing is a continuation of the The term ‘‘person’’ means a natural Enforcement Branch, Compliance series of briefings conducted last year in person as well as a corporation, Division, Office of Defense Trade March, July and December and held last business association, partnership, Controls, Bureau of Political-Military in April 1997. As in the earlier briefings, society, trust, or any other entity, Affairs, Department of State (703) 875– Deputy Assistant Secretary for Energy, organization, or group, including 6644. Sanctions, and Commodities Bill governmental entities. The term ‘‘party SUPPLEMENTARY INFORMATION: Section Ramsay will present an overview of the to the export’’ means the president, the 38(g)(A) of the AECA and section 127.11 foreign policy economic sanctions chief executive officer, and other senior (a) of the ITAR prohibit the issuance of regimes overseen by the State officers of the license applicant; and any export licenses or other approvals to a Department’s Bureau of Economic and consignee or end user of any item to be person, or any party to the export, who Business Affairs. State Department desk exported. has been convicted of violating certain officers will be on hand to discuss The statute permits reinstatement of U.S. criminal statutes enumerated at country-specific sanctions issues eligibility to apply for export/retransfer section 38(g)(1) of the AECA and section following Ambassador Ramsay’s authorizations on a case-by-case basis 120.27 of the ITAR. The term ‘‘person’’ briefing. after consultation with the Secretary of means a natural person as well as a Please Note: Persons intending to the Treasury and after a thorough corporation, business association, attend the October 30 briefing must review of the circumstances partnership, society, trust, or any other announce this not later than 48 hours surrounding the conviction or entity, organization, or group, including before the briefing, and preferably ineligibility to export and finding that governmental entities. The term ‘‘party further in advance, to the Department of appropriate steps have been taken to to the export’’ means the president, the State by sending a fax to 202–647–3953 mitigate any law enforcement concerns. chief executive officer, and other senior (Office of the Coordinator for Business In accordance with these authorities, officers of the license applicant; and any Affairs). The announcement must effective June 17, 1997, eligibility for consignee or end user of any item to be include name, affiliation, Social Teledyne Wah Chang (TWC) export and exported. Security or passport number and date of retransfer authorizations has been The statute permits reinstatement of birth. The above includes government reinstated pursuant to section 38(g)(4) of eligibility to apply for export/retransfer and non-government attendees. One of the AECA and section 127.11 of the authorization on a case-by-case basis the following valid photo ID’s will be ITAR. after consultation with the Secretary of required for admittance: U.S. driver’s 54498 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Notices license with picture, passport, U.S. SUPPLEMENTARY INFORMATION: The FAA Charge at Manchester Airport under the government ID (company ID’s are no proposes to rule and invites public provisions of the Aviation Safety and longer accepted by Diplomatic comment on the application to use the Capacity Expansion Act of 1990 (Title Security). Enter from the C Street revenue from a PFC at the Lambert-St. IX of the Omnibus Budget entrance. Louis International Airport under the Reconciliation Act of 1990) (Pub. L. Dated: October 9, 1997. provisions of the Aviation Safety and 101–508) and Part 158 of the Federal Marshall P. Adair, Capacity Expansion Act of 1990 (Title Aviation Regulations (14 CFR Part 158). IX of the Omnibus Budget Acting Coordinator for Business Affairs. DATES: Comments must be received on Reconciliation Act of 1990) (Pub. L. or before November 19, 1997. [FR Doc. 97–27677 Filed 10–17–97; 8:45 am] 101–508) and Part 158 of the Federal BILLING CODE 4710±07±M ADDRESSES: Comments on this Aviation Regulations (14 CFR Part 158). application may be mailed or delivered On October 9, 1997, the FAA in triplicate to the FAA at the following determined that the application to use address: Federal Aviation DEPARTMENT OF TRANSPORTATION the revenue from a PFC submitted by Administration, Airport Division, 12 the St. Louis Airport Authority, St. New England Executive Park, Federal Aviation Administration Louis, Missouri, was substantially Burlington, Massachusetts 01803. complete within the requirements of Notice of Intent To Rule on Application In addition, one copy of any section 158.25 of Part 158. The FAA #97±03±U±00±STL To Use the Revenue comments submitted to the FAA must will approve or disapprove the From a Passenger Facility Charge be mailed or delivered to Mr. Alfred application, in whole or in part, no later (PFC) at Lambert-St. Louis Testa, Jr., Airport Director for than January 7, 1998. International Airport, St. Louis, MO Manchester Airport at the following The following is a brief overview of address: Manchester Airport, One AGENCY: Federal Aviation the application. Airport Road, Suite 300, Manchester, Administration, (FAA), DOT. Level of the PFC: $3.00. Actual charge effective date: April, New Hampshire, 03103. ACTION: Notice of intent to rule on Air carriers and foreign air carriers application. 1996. Estimated charge expiration date: may submit copies of written comments SUMMARY: The FAA proposes to rule and June, 1998. previously provided to the City of invites public comment on the Total approved net PFC revenue: Manchester under section 158.23 of Part application to use the revenue from a $80,186,867. 158 of the Federal Aviation Regulations. PFC at Lambert-St. Louis International Brief description of proposed project: FOR FURTHER INFORMATION CONTACT: Airport under the provisions of the Airport Noise Land Acquisition/ Priscilla A. Scott, PFC Program Aviation Safety and Capacity Expansion Relocation Program (Phase II). Manager, Federal Aviation Act of 1990 (Title IX of the Omnibus Any person may inspect the Administration, Airports Division, 12 Budget Reconciliation Act of 1990) application in person at the FAA office New England Executive Park, (Pub. L. 101–508) and Part 158 of the listed above under FOR FURTHER Burlington, Massachusetts 01803, (617) Federal Aviation Regulations (14 CFR INFORMATION CONTACT. 238–7614. The application may be Part 158). In addition, any person may, upon reviewed in person at 16 New England DATES: Comment must be received on or request, inspect the application, notice Executive Park, Burlington, before November 19, 1997. and other document germane to the Massachusetts. ADDRESSES: Comments on this application in person at the Lambert-St. SUPPLEMENTARY INFORMATION: The FAA application may be mailed or delivered Louis International Airport. proposes to rule and invites public in triplicate to the FAA at the following Issued in Kansas City, Missouri, on comment on the application to impose address: Federal Aviation October 9, 1997. and use the revenue from a Passenger Administration, Central Region, George A. Hendon, Facility Charge (PFC) at Manchester Airports Division, 601 E. 12th Street, Manager, Airports Division, Central Region. Airport under the provisions of the Kansas City, MO 64106. [FR Doc. 97–27683 Filed 10–17–97; 8:45 am] Aviation Safety and Capacity Expansion Act of 1990 (Title IX of the Omnibus In addition, one copy of any BILLING CODE 4910±13±M comments submitted to the FAA must Budget Reconciliation Act of 1990) be mailed or delivered to Col. Leonard (Pub. L. 101–508) and Part 158 of the L. Griggs, Jr., Director of Airports, DEPARTMENT OF TRANSPORTATION Federal Aviation Regulations (14 CFR Lambert-St. Louis International Airport, Part 158). at the following address: St. Louis Federal Aviation Administration On September 25, 1997, the FAA Airport Authority, P.O. Box 10212, St. determined that the application to Louis, Missouri 63145. Notice of Intent To Rule on Application impose and use the revenue from a PFC Air carriers and foreign air carriers To Impose and Use the Revenue From submitted by the City of Manchester may submit copies of written comments a Passenger Facility Charge (PFC) at was substantially complete within the previously provided to the St. Louis Manchester Airport, Manchester, New requirements of § 158.25 of Part 158 of Airport Authority, Lambert-St. Louis Hampshire the Federal Aviation Regulations. The International Airport, under § 158.23 of AGENCY: Federal Aviation FAA will approve or disapprove the Part 158. Administration (FAA), DOT. application, in whole or in part, no later FOR FURTHER INFORMATION CONTACT: ACTION: Notice of Intent to Rule on than December 24, 1997. Lorna K. Sandridge, PFC Program Application. The following is a brief overview of Manager, FAA, Central Region, 601 E. the application. 12th Street, Kansas City, MO 64106, SUMMARY: The FAA proposes to rule and PFC Project #: 97–05–C–00–MHT. (816) 426–4730. The application may be invites public comment on the Level of the proposed PFC: $3.00. reviewed in person at this same application to impose and use the Charge effective date: February 1, location. revenue from a Passenger Facility 1998. Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Notices 54499
Estimated charge expiration date: Washington, D.C. 20590. Please identify Requested Expiration Date of October 1, 1998. the proposed collection of information Approval—Three years from date of Estimated total net PFC revenue: for which a comment is provided, by approval. $2,506,162. referencing its OMB Clearance Number. Summary of the Collection of Brief description of project. It is requested, but not required, that 1 Information—The permanent marking Construct Two Remote Parking Aprons original plus 2 copies of the comments of the letters ‘‘DOT–C2’’, ‘‘DOT–C3’’ or Acquire Snow Removal Equipment be provided. The Docket Section is open ‘‘DOT–C4’’ at least 3mm high at regular Acquire Snow Removal Equipment on weekdays from 9:30 a.m. to 4 p.m. intervals on retroreflective sheeting Storage Building FOR FURTHER INFORMATION CONTACT: material is the information collection. Description of the Need for the Class or classes of air carriers which Complete copies of each request for Information and Proposed Use of the the public agency has requested not be collection of information may be Information—Federal Motor Vehicle required to collect PFCs: On demand obtained at no charge from Mr. Ed Safety Standard No. 108, ‘‘Lamps, Air Taxi/Commercial Operators (ATCO). Kosek, NHTSA Information Collection Reflective Devices, and Associated Any person may inspect the Clearance Officer, NHTSA, 400 Seventh Equipment,’’ specifies requirements for application in person at the FAA office Street, S.W., Room 6123, Washington, vehicle lighting for the purposes of listed above under FOR FURTHER D.C. 20590. Mr. Kosek’s telephone reducing traffic accidents and their INFORMATION CONTACT. number is (202) 366–2589. Please tragic results by providing adequate In addition, any person may, upon identify the relevant collection of roadway illumination, improved vehicle request, inspect the application, notice information by referring to its OMB conspicuity, appropriate information and other documents germane to the Clearance Number. transmission through signal lamps, in application in person at the Manchester SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995, both day, night, and other conditions of Airport, One Airport Road, Suite 300, reduced visibility. For certification and Manchester, New Hampshire 03103. before an agency submits a proposed collection of information to OMB for identification purposes, the Standard Issued in Burlington, Massachusetts, on requires the permanent marking of the October 9, 1997. approval, it must publish a document in the Federal Register providing a 60-day letters ‘‘DOT–C2’’, ‘‘DOT–C3’’ or ‘‘DOT– Vincent A. Scarano, comment period and otherwise consult C4’’ at least 3mm high at regular Manager, Airports Division, New England with members of the public and affected intervals on retroreflective sheeting Region. agencies concerning each proposed material having adequate performance [FR Doc. 97–27684 Filed 10–17–97; 8:45 am] collection of information. The OMB has to provide effective trailer conspicuity. The manufacturers of new tractors BILLING CODE 4910±13±M promulgated regulations describing and trailers are required to certify that what must be included in such a their products are equipped with document. Under OMB’s regulations (at DEPARTMENT OF TRANSPORTATION retroreflective material complying with 5 CFR 1320.8(d)), an agency must ask the requirements of the standard. The National Highway Traffic Safety for public comment on the following: (i) Whether the proposed collection of Federal Highway Administration Office Administration of Motor Carrier Safety enforces this and information is necessary for the proper other standards through roadside [Docket No. 97±056; Notice 1] performance of the functions of the inspections of trucks. There is no agency, including whether the practical field test for the performance Reports, Forms, and Recordkeeping information will have practical utility; Requirements (ii) The accuracy of the agency’s requirements, and labeling is the only estimate of the burden of the proposed objective way of distinguishing trailer AGENCY: National Highway Traffic conspicuity grade material from lower Safety Administration (NHTSA), DOT. collection of information, including the validity of the methodology and performance material. Without labeling, ACTION: Request for public comment on FHWA will not be able to enforce the assumptions used; proposed collections of information. (iii) How to enhance the quality, performance requirements of the utility, and clarity of the information to standard, and the compliance testing of SUMMARY: Before a Federal agency can new tractors and trailers will be collect certain information from the be collected; and (iv) How to minimize the burden of complicated. Labeling is also important public, it must receive approval from to small trailer manufacturers because it the Office of Management and Budget the collection of information on those who are to respond, including the use may help them to certify compliance. (OMB). Under new procedures Because wider stripes of material of established by the Paperwork Reduction of appropriate automated, electronic, mechanical, or other technological lower brightness also can provide the Act of 1995, before seeking OMB minimum safety performance, the approval, Federal agencies must solicit collection techniques or other forms of information technology, e.g., permitting marking system serves the additional public comment on proposed role of identifying the minimum stripe collections of information, including electronic submission of responses. In compliance with these width required for the retroreflective extensions and reinstatements of requirements, NHTSA asks public brightness of the particular material. previously approved collections. comment on the following four Since the differences between the This document describes four proposed collections of information. brightness grades of suitable collections of information for which retroreflective conspicuity material is NHTSA intends to seek OMB approval. Labeling of Retroreflective Materials for not obvious from inspection, the DATES: Comments must be received on Heavy Trailer Conspicuity, 49 CFR marking system is necessary for tractor or before December 19, 1997. 571.108 and trailer manufacturers and repair ADDRESSES: Comments must refer to the Type of Request—Reinstatement of shops to assure compliance and for docket and notice numbers cited at the clearance. FHWA to inspect tractors and trailers in beginning of this notice and be OMB Clearance Number—2127–0569. use. submitted to Docket Section, Room Form Number—This collection of Permanent labeling is used to identify 5109, NHTSA, 400 Seventh St. S.W., information uses no standard forms. retroreflective material having the 54500 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Notices minimum properties required for cost of maintaining the ‘‘DOT–C2’’ label will not be able to enforce their effective conspicuity of trailers at night. is about $1,000. requirement. The information enables the FHWA to The purpose of the requirement for Labeling of Warning Devices, 49 CFR make compliance inspections, and it instructions is to provide information so 571.125 aids tractor and trailer owners and that the motoring public can erect and repair shops in choosing the correct Type of Request—Reinstatement of position the warning device so that the repair materials for damaged tractors clearance. warning device is positioned to alert the and trailers. It also aids small trailer OMB Clearance Number—2127–0506. oncoming traffic of a disabled vehicle manufacturers in certifying compliance Form Number—This collection of and prevent rear end collisions. of their products. The FHWA will not be information uses no standard forms. Description of the Likely Respondents able to determine whether trailers are Requested Expiration Date of (Including Estimated Number, and properly equipped during roadside Approval—Three years from date of Proposed Frequency of Response to the inspections without labeling. The use of approval. Collection of Information)—There are cheaper and more common reflective Summary of the Collection of three manufacturers labeling materials, which are ineffective for the Information—Federal Motor Vehicle approximately 2.85 million warning application, would be expected in Safety Standard No. 125, ‘‘Warning devices (triangles) per year. repairs without the labeling Devices’’ applies to triangular highway Estimate of the Total Annual requirement. warning devices, without self contained Reporting and Recordkeeping Burden Description of the Likely Respondents energy sources, that are designed for Resulting from the Collection of (Including Estimated Number, and large motor vehicles in interstate Information—There are three Proposed Frequency of Response to the commerce and be placed on the manufacturers labeling approximately Collection of Information)—The roadway forward and rearward of 2.85 million warning devices (triangles) respondents are likely to be vehicles to warn approaching traffic of per year for the last few years. The manufacturers of the conspicuity the presence of a stopped vehicle. The tooling would be replaced after about 20 material. The agency is aware of at least Standard requires that each years of service being used to make three. Based on the estimated number of manufacturer of warning triangles must about 200K devices per year. The feet of conspicuity material for a year’s label each device. Without proper machining each mold that would be installation on new tractors and trailers, deployment and use, the effectiveness of replaced is about 8 hours at a cost of the number of imprints of the the devices may be greatly diminished, $37.50 per hour, or a cost of $300. information is estimated to be 10 and may lead to serious injuries due to Assuming that this past years million. production level of 2.85M devices per Estimate of the Total Annual rear end collisions between moving traffic and disabled vehicles. The year were built each year for the last Reporting and Recordkeeping Burden twenty years (an over-estimate that Resulting from the Collection of warning device shall be permanently and legibly marked and also provide ignores the long steady growth of the Information—The cost to manufacturers market), the total number of devices of extending the label requirement is the instructions for its erection and display. Each device shall be labeled with: (a) manufactured would be 57M. The maintenance and amortization of tooling needs to be replaced every 4M printing rollers and the additional dye The name of the manufacturer, (b) the month and year of manufacture, (c) the uses; the total number of tools used in or ink consumed. The labels are to be the last 20 years is 14.25. The placed at intervals of about 18 inches on DOT symbol, or the statement that the warning device complies with all machining for the labeling in each tool rolls of retroreflective conspicuity tape. would be 14.25 times 8 hours divided The labels are printed during the normal applicable FMVSS. The instructions for each device shall include a by 57M, or 0.000002 hour per device. course of steady flow manufacturing Thus the current annual cost for the operations without a direct time recommendation that the driver activate the vehicular hazard warning signal 2.85 M devices manufactured is 5.7 penalty. hours × $37.50 = $213.75 . Two methods of printing the label are lamps before leaving the vehicle to erect in use. One method uses the same roller the warning device. Also, the Collection of Replaceable Headlamp that applies the dye to the red segments instructions shall include an illustration Light Source Information: 49 CFR Part of the material pattern. The roller is indicating recommended positioning. 564 resurfaced annually using a Description of the Need for the Type of Request—Renewal of computerized etching technique. The Information and Proposed use of the clearance. ‘‘DOT–C2’’ label was incorporated in Information—The purpose of the OMB Clearance Number—2127–0563. the software to drive the roller certification symbol is to assure Form Number—This collection of resurfacing in 1993, and there is no consumers that the devices are of the information uses no standard forms. additional cost to continue the printing level of performance required by federal Requested Expiration Date of of the label. In fact, costs would be law. Additionally, each motor vehicle in Approval—Three years from date of incurred to discontinue the label. interstate commerce is required to be approval. The second method uses a separate equipped with such warning devices Summary of the Collection of roller to apply the label. The that comply with the requirements of Information—The information to be manufacturer using this technique the standard. The Federal Highway collected is in response to 49 CFR Part reports that these rollers have been in Administration Office of Motor Carrier 564; Replaceable Light Source service for 5 years without detectable Safety enforces this and other standards Dimensional Information. Persons wear and predicts a service life of at through roadside inspections of trucks. desiring to use newly designed least fifteen years. Four rollers costing There is no practical field test for the replaceable headlamp light sources are about $2,500 each are used. A straight performance requirements, and labeling required to submit interchangeability line depreciation of the rollers over 15 is the only objective way of and performance specifications to the years equals $667 per year. With an distinguishing complying warning agency. After a short agency review to annual allowance for $333 for devices from look-alike products that do assure completeness, the information is additional dye, the annual total industry not comply. Without labeling, FHWA placed in a public docket for use by any Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Notices 54501 person who would desire to Collection of Information—For the information required on the label of manufacture headlamp light sources for burdened parties, only those which brake fluid and hydraulic mineral oil highway motor vehicles. In Federal develop a new or modified headlamp containers identifies performance Motor Vehicle Safety Standard No. 108, light source or other additional capabilities of the fluid. The safety ‘‘Lamps, reflective devices and interchange information will have to warnings required on brake fluid and associated equipment,’’ Part 564 submit information. Based on the last hydraulic system mineral oil containers submissions are referenced as being the three years of Part 564 data collection, are provided to prevent improper use, source of information regarding the thirteen submissions have been received storage, etc. which might result in motor performance and interchangeability from seven manufacturers; three for new vehicle brake failure and the failure of information for legal headlamp light light sources, four for modification of equipment utilizing hydraulic system sources, whether original equipment or existing information, and six for mineral oil. replacement equipment. Thus, the additional information to existing light Properties of these fluids and their submitted information about headlamp sources. use necessitate the package labeling light sources becomes the basis for Estimate of the Total Annual information specified in this standard. certification of compliance with safety Reporting and Recordkeeping Burden Brake fluid and hydraulic system standards. Resulting from the Collection of mineral oil must be free of contaminants Description of the need for the Information—The average estimated in order to perform as intended; information and proposed use of the cost of the information submissions is therefore, the labeling instructions warn information—The information is to be estimated to be 4.2 hours per against storing in unsealed containers or placed in a public docket for the use by submission at $100 per hour for a cost mixing these fluids with other products. vehicle, headlamp and headlamp light of $420 each, thus at a rate of 13/3 Also, avoiding the absorption of source manufacturers for determining submissions per year, the average moisture is extremely important since the interchangeability aspects of annual cost is $1820 and the average moisture in a brake system degrades headlamp light sources for annual hour burden is 18.2 hours. braking performance and safety by manufacturing purposes and for the lowering brake fluid’s boiling point, design and manufacture of headlamps. Labeling of Motor Vehicle Brake Fluid increasing the fluid’s viscosity at low In order for replacement light sources to Containers, 49 CFR 571.116 atmospheric temperatures and be designated as acceptable Type of Request—Reinstatement of increasing the risk of brake system replacements, the replacement light clearance. component corrosion. Lower boiling sources also are required to comply with OMB Clearance Number—2127–0521. points increase the risk of brake system the dimensional and performance Form Number—This collection of failure and increase the possibility of information in the docket for its type. information uses no standard forms. vapor lock. The safety warnings also The Federal program for reducing Requested Expiration Date of alert users of brake fluids sold in highway fatalities, injuries and Approval—Three years from date of containers with capacities less than five accidents would likely be adversely approval. gallons that the containers should not be affected if the information was not Summary of the Collection of refilled or reused for other purposes. collected, because the bulbs would, in Information—Federal Motor Vehicle If the labeling requirements were not fact, not be standardized for Safety Standard No. 116, ‘‘Motor mandatory, improving safety on the performance and interchangeability. If Vehicle Brake Fluids,’’ specifies nation’s highways would be more the interchangeability information were performance and design requirements difficult to accomplish. Proper vehicle not available to manufacturers who for motor vehicle brake fluids and brake performance is crucial to the normally provide original equipment hydraulic system mineral oils. Section safety of motor vehicle occupants, and and aftermarket parts, replacements 5.2.2 specifies labeling requirements for the information on fluid containers is could become significantly more costly manufacturers and packagers of brake necessary to aid in reducing brake to replace upon burnout, and ready fluids as well as packagers of hydraulic system failures resulting from the use of availability would also likely diminish system mineral oils. The information on improper or contaminated fluid. The because the replacements would be the label of a container of motor vehicle labeling on fluid containers also helps available from only the vehicle’s brake fluid or hydraulic system mineral to ensure that only fluid that complies manufacturer or its dealer. As a oil is necessary to insure the following: with federal requirements is sold, and potential adverse safety consequence, the contents of the container are clearly this also facilitates agency enforcement more and more vehicles would likely be stated; these fluids are used for their efforts by identifying the fluid packager on the highways at night with intended purpose only; and, the or manufacturer. headlamps having one or more failed containers are properly disposed of Description of the Likely Respondents bulbs because of the higher expense and when empty. Improper use or storage of (Including Estimated Number, and lower availability, and therefore reduce these fluids could have dire crash safety Proposed Frequency of Response to the the roadway illumination and increase consequences for the operators of Collection of Information)—There are an the risk of accident. In the event that the vehicles or equipment in which they are estimated 200 respondents, mainly information collection were not used. those manufacturers involved with the reapproved, it is likely that the agency Description of the Need for the production of motor vehicle brake and would have to reinstate headlamp light Information and Proposed Use of the hydraulic fluids. A label is required on source information as part of the federal Information—This labeling information each container of fluid sold. lighting standard and thus any new light is used by motor vehicle owners, Estimate of the Total Annual source designs could be used only after operators, and vehicle service facilities Reporting and Recordkeeping Burden a lengthy and costly rulemaking instead to aid in the proper selection of brake Resulting from the Collection of of this simple review and reference fluids and hydraulic system mineral oils Information—The cost of manufacturing procedure. for use in motor vehicles and hydraulic and affixing the labels will vary greatly Description of the Likely Respondents equipment, to assure the continued for various manufacturers. The majority (Including Estimated Number, and safety of motor vehicle braking and of the labels will be manufactured and Proposed Frequency of Response to the hydraulic systems, respectively. The affixed in an automated fashion by 54502 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Notices major manufacturers involving low (5) Average annual label design hours for, and the processing of, exemptions material or labor costs. However, for assuming a 5 year label redesign from the Department of Transportation’s small manufacturers, the costs in terms cycle—7,680 Hazardous Materials Regulations (49 of labor, and to a lesser extent, material (6) Annual label design cost assuming CFR Part 107, Subpart B), notice is will be somewhat greater. Labels are a $37.50 hourly wage—$288,000 hereby given that the Office of standard part of fluid containers, even (7) Annual cost of incrementally added Hazardous Materials Safety has received in the absence of a federal requirement ink for label production (@ $400 per the applications described herein. Each for adding information to the containers. respondent)—$80,000 mode of transportation for which a Thus, the added information required (8) Total annual cost of added particular exemption is requested is by the Standard would be added to the information on label (#6+#7)— indicated by a number in the ‘‘Nature of label already existing on the container. $368,000 Application’’ portion of the table below Thus the only cost is for adding the as follows: 1—Motor vehicle, 2—Rail required information to an existing Authority: 44 U.S.C. 3506(c); delegation of freight, 3—Cargo vessel, 4—Cargo authority at 49 CFR 1.50. label. Typically such labels are silk- Dated: October 14, 1997. aircraft only, 5—Passenger-carrying screened onto a label material. Thus, the aircraft. Stephen R. Kratzke, added information to a label would be DATES: Comments must be received on some small part of the total cost of the Acting Associate Administrator for Safety Performance Standards. or before November 19, 1997. silk-screen process used for the ADDRESS COMMENTS TO: Dockets Unit, production of the label. [FR Doc. 97–27716 Filed 10–17–97; 8:45 am] ...... BILLING CODE 4910±59±P Research and Special Programs The cost estimate for the total Administration, Room 8421, DHM–30, annualized costs to the respondent for U.S. Department of Transportation, the incremental aspect of adding this DEPARTMENT OF TRANSPORTATION Washington, DC 20590. information to the printing cost of an Comments should refer to the existing label may be derived as follows: Research and Special Programs application number and be submitted in Administration (1) Estimate of the number of triplicate. If confirmation of receipt of comments is desired, include a self- respondents—200 Office of Hazardous Materials Safety; addressed stamped postcard showing Notice of Applications for Exemptions (2) Estimate of the number of different the exemption application number. types of labels per respondent—24 AGENCY: Research and Special Programs FOR FURTHER INFORMATION: (3) Technical burden-hours required to Administration, DOT. Copies of the applications (See Docket design the layout of a label that ACTION: List of applicants for Number) are available for inspection at includes the incrementally added exemptions. the New Docket Management Facility, information—8 PL–401, at the U.S. Department of (4) Number of hours of label design for SUMMARY: In accordance with the Transportation, Nassif Building, 400 7th all respondents—38,400 procedures governing the application Street, SW. Washington, DC 20590.
NEW EXEMPTIONS
Application Regulation(s) No. Docket No. Applicant affected Nature of exemption thereof
11965±N .. RSPA±97± J.R. Simplot Com- 49 CFR 174.67(i) & To authorize tank cars to remain connected during unloading of 2989 pany, Edison, CA. (j). Class 8 material without the physical presence of an unloader. (Mode 2.) 11966±N .. RSPA±97± FMC Corporation, 49 CFR To authorize the transportation in commerce of DOT 111A± 2990 Philadelphia, PA. 173.31(b)(6)(i). 60A1W2 aluminum tank cars equipped with half head shields instead of full for use in transporting Hydrogen peroxide aque- ous solutions, Division 5.1. (Mode 2.) 11967±N .. RSPA±97± Savage Industries 49 CFR 174.67(i) & To authorize tank cars to remain connected during unloading of 2991 Inc., Norristown, (j). various hazardous materials to remain connected during un- PA. loading without the physical presence of an unloader. (Mode 2.) 11968±N .. RSPA±97± Air Liquide America 49 CFR 177.834(i)(3) To authorize the unloading of Division 2.1 and 2.2 material from 2992 Corp., Houston, TX. DOT Specification cargo tanks without the physical presence of an unloader. (Mode 1) 11970±N RSPA±97± Exxon Chemical, Inc., 49 CFR 172.101, To authorize the transportation in commerce of DOT-Specification 2993 Baytown, TX. 178.245±1(c). 51 portable tanks equipped with a bottom outlet and no internal shutoff valve for use in transporting pyrophoric solids, inor- ganic, n.o.s., Division 4.2. (Modes 1, 2, 3.) 11971±N .. RSPA±97± Regional Airline 49 CFR 173.34(e) ..... To authorize an alternative retesting procedure for Specification 2994 Assoc., Washing- 4DA and 4DS hermetically sealed cylinders which serves as ton, DC. components of aircraft systems. (Modes 1, 2.) 11972±N .. RSPA±97± Snaketan, Woodland, 49 CFR 172.411, To authorize the transportation in commerce of small quantities of 2996 CA. 172.448, 172.519, hazardous materials as essentially non-regulated. (Mode 1.) 173.118. Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Notices 54503
This notice of receipt of applications ACTION: List of applications for application number. Application for new exemptions is published in modification of exemptions. numbers with the suffix ‘‘M’’ denote a accordance with Part 107 of the modification request. These Hazardous Materials Transportations SUMMARY: In accordance with the applications have been separated from Act (49 U.S.C. 1804; 49 CFR 1.53(e)). procedures governing the application the new applications for exemptions to Issued in Washington, DC, on October 10, for, and the processing of, exemptions facilitate processing. 1997. from the Department of Transportation’s DATES: Comments must be received on J. Suzanne Hedgepeth, Hazardous Materials Regulations (49 or before November 4, 1997. CFR Part 107, Subpart B), notice is Director, Office of Hazardous Materials ADDRESS COMMENTS TO: Dockets Unit, Exemptions and Approvals. hereby given that the Office of Research and Special Programs, Hazardous Materials Safety has received [FR Doc. 97–27672 Filed 10–17–97; 8:45 am] Administration, U.S. Department of BILLING CODE 4910±60±M the applications described herein. This Transportation, Washington, DC 20590. notice is abbreviated to expedite docketing and public notice. Because Comments should refer to the application number and be submitted in DEPARTMENT OF TRANSPORTATION the sections affected, modes of triplicate. If confirmation of receipt of transportation, and the nature of comments is desired, include a self- Research and Special Programs application have been shown in earlier addressed stamped postcard showing Administration Federal Register publications, they are the exemption number. Office of Hazardous Materials Safety; not repeated here. Requests for FOR FURTHER INFORMATION: Notice of Applications for Modification modifications of exemptions (e.g. to of Exemptions provide for additional hazardous Copies of the applications are available materials, packaging design changes, for inspection in the Dockets Unit, AGENCY: Research and Special Programs additional mode of transportation, etc.) Room 8426, Nassif Building, 400 7th Administration, DOT. are described in footnotes to the Street SW, Washington, DC.
Modification Application No. Docket No. Applicant of exemp- tion
11344±M ...... E.I. DuPont, Wilmington, DE (See Footnote 1) ...... 11344 11956±M ...... RSPA±97± Scott Aviation, Lancaster, NY (See Footnote 2) ...... 11956 2988 1 To modify the exemption to provide for tank cars, containing chlorine, Division 2.3, to remain standing with unloading connections attached without the physical presence of an unloader. 2 To reissue the exemption originally issued on an emergency basis for protective breathing equipment (PBE), containing chemical oxygen generators which utilize special integral packaging as a secondary means of preventing actuation.
This notice of receipt of applications joint session of the two Committees, rulemakings, in accordance with the for modification of exemptions is will be held at the Adams Mark Hotel, Accountable Pipeline Safety and published in accordance with Part 107 2900 Briarpark Drive at Westheimer, Partnership Act of 1996. of the Hazardous Materials Houston, TX 77042. OPS will hold a public meeting on Transporatation Act (49 U.S.C. 1806; 49 On November 18, 1997, at 9:00 a.m., risk management in conjunction with CFR 1.53(e)). the THLPSSC will meet. OPS will the Technical Advisory Committee Issued in Washington, DC, on October 10, discuss current regulatory activities, and meetings on the morning of November 1997. the THLPSSC will review the following 19, 1997, from 8:00 A.M. TO 12:00 J. Suzanne Hedgepeth, OPS proposed rulemakings: (1) noon. OPS announced this meeting in a Director, Office of Hazardous Materials Incorporation by Reference of Industry Federal Register notice (62 FR 50654), Exemptions and Approvals. Standard on Leak Detection; (2) Risk- published on September 26, 1997. The [FR Doc. 97–27673 Filed 10–17–97; 8:45 am] Based Alternative to Pressure Testing purpose of this meeting is to provide an BILLING CODE 4910±60±M Rule; and (3) Adoption of Industry update on the Risk Management Standards for Breakout Tanks. Part of Demonstration Program and to receive the Advisory Committee’s function is to input on the progress of the DEPARTMENT OF TRANSPORTATION discuss OPS proposed rulemakings and Demonstration Program thus far and on assess, by vote, if the rulemaking is the specific demonstration projects Research and Special Programs feasible, reasonable, and practicable. under review. Administration On November 18, 1997 at 1:00 p.m., On November 19, 1997, at 1:00 p.m. the TPSSC will meet. Although this Meetings of Pipeline Safety Advisory the THLPSSC will be joined by committee will not be voting on any Committees members of the TPSSC for a joint session in which OPS will provide a OPS proposed rulemakings, brief Pursuant to section 10(a)(2) of the brief update on major OPS activities. updates of OPS regulatory activities will Federal Advisory Committee Act (Pub.L. However, this session will focus on the be provided by OPS staff. 92–463, 5 U.S.C. App. 1) notice is issue of cost-benefit analysis. Topics of Each meeting will be open to the hereby given of the following meetings discussion will include: (1) A public. Members of the public may of the Technical Hazardous Liquid description of the approach to cost- present oral statements on the topics. Pipeline Safety Standards Committee benefit analysis by both OPS and the Due to the limited time available, each (THLPSSC) and the Technical Pipeline pipeline industry; and (2) the role of the person who wants to make an oral Safety Standards Committee (TPSSC). Advisory Committees in reviewing cost statement must notify Peggy Thompson, Each Committee meeting, as well as a benefit in their review of OPS Room 2335, Department of 54504 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Notices
Transportation, 400 Seventh Street, SW, decision will be issued by January 16, DEPARTMENT OF THE TREASURY Washington, DC 20590, telephone (202) 1998. Bureau of the Public Debt 366–4595, no later than November 5, Any offer of financial assistance 1997. Requests should include the (OFA) under 49 CFR 1152.27(b)(2) will topics to be addressed and the time Proposed Collection: Comment be due no later than 10 days after Request requested to address each topic. The service of a decision granting the presiding officer may deny any request petition for exemption. Each OFA must ACTION: Notice and request for to present an oral statement and may be accompanied by the filing fee, which comments. limit the time of any oral presentation. currently is set at $900. See 49 CFR Members of the public may present SUMMARY: The Department of the written statements to the Committee 1002.2(f)(25). Treasury, as part of its continuing effort before or after any meeting. All interested persons should be to reduce paperwork and respondent Issued in Washington, DC, on October 14, aware that, following abandonment of burden, invites the general public and 1997. rail service and salvage of the line, the other Federal agencies to take this Richard B. Felder, line may be suitable for other public opportunity to comment on proposed and/or continuing information Associate Administrator for Pipeline Safety. use, including interim trail use. Any collections, as required by the [FR Doc. 97–27715 Filed 10–17–97; 8:45 am] request for a public use condition under 49 CFR 1152.28 or for trail use/rail Paperwork Reduction Act of 1995, BILLING CODE 4910±60±P banking under 49 CFR 1152.29 will be Public Law 104–13 (44 U.S.C. due no later than November 10, 1997. 3506(c)(2)(A)). Currently the Bureau of DEPARTMENT OF TRANSPORTATION Each trail use request must be the Public Debt within the Department accompanied by a $150 filing fee. See 49 of the Treasury is solciting comments Surface Transportation Board CFR 1002.2(f)(27). concerning the Request By Owner For Reissue of United States Savings Bonds/ [STB Docket No. AB±33 (Sub±No. 114X)] All filings in response to this notice Notes To Add Beneficiary Or Coowner, must refer to STB Docket No. AB–33 Eliminate Beneficiary Or Decedent, Union Pacific Railroad CompanyÐ (Sub-No. 114X) and must be sent to: (1) Show Change Of Name, And/Or Correct Abandonment ExemptionÐin Surface Transportation Board, Office of Error In Registration. Washburn County, WI the Secretary, Case Control Unit, 1925 K DATES: Written comments should be On September 30, 1997, Union Pacific Street, N.W., Washington, DC 20423– received on or before December 22, Railroad Company (UP) filed with the 0001; and (2) Joseph D. Anthofer, 1416 1997, to be assured of consideration. Surface Transportation Board (Board) a Dodge Street, Room 830, Omaha, NE ADDRESSES: Direct all written comments petition under 49 U.S.C. 10502 for 68179–0830. to Bureau of the Public Debt, Vicki S. exemption from the provisions of 49 Persons seeking further information Thorpe, 200 Third Street, Parkersburg, U.S.C. 10903 to abandon a line of concerning abandonment procedures WV 26106–1328. railroad known as the Hayward may contact the Board’s Office of Public FOR FURTHER INFORMATION CONTACT: Industrial Lead, extending from Services at (202) 565–1592 or refer to Requests for additional information or milepost 83.32 near Trego to milepost the full abandonment or discontinuance copies of the form and instructions 96.0 near Hayward Junction, in regulations at 49 CFR part 1152. should be directed to Vicki S. Thorpe, Washburn County, WI, which traverses Questions concerning environmental Bureau of the Public Debt, 200 Third U.S. Postal Service ZIP Codes 54888 and Street, Parkersburg, WV 26106–1328, 1 issues may be directed to the Board’s 54875, a distance of 12.68 miles. The Section of Environmental Analysis (304) 480–6553. line includes the non-agency stations of (SEA) at (202) 565–1545. (TDD for the Trego at milepost 83.3, Earl at milepost SUPPLEMENTARY INFORMATION: hearing impaired is available at (202) 87.3, and Spring Brook at milepost 91.4. 565–1695.) Title: Request By Owner For Reissue The line does contain federally Of United States Savings Bonds/Notes granted rights-of-way. Any An environmental assessment (EA) (or To Add Beneficiary Or Coowner, documentation in the railroad’s environmental impact statement (EIS), if Eliminate Beneficiary Or Decedent, possession will be made available necessary) prepared by SEA will be Show Change Of Name, And/Or Correct promptly to those requesting it. served upon all parties of record and Error In Registration. The interest of railroad employees upon any agencies or other persons who OMB Number: 1535–0023. will be protected by Oregon Short Line commented during its preparation. Form Number: PD F 4000. R. Co.—Abandonment—Goshen, 360 Other interested persons may contact Abstract: The information is I.C.C. 91 (1979). SEA to obtain a copy of the EA (or EIS). requested to support a request for By issuance of this notice, the Board EAs in these abandonment proceedings reissue and to indicate the new is instituting an exemption proceeding normally will be made available within registration required. pursuant to 49 U.S.C. 10502(b). A final 60 days of the filing of the petition. The Current Actions: None. deadline for submission of comments on Type of Review: Extension. 1 UP states that the Hayward Industrial Lead the EA will generally be within 30 days Affected Public: Individuals. previously extended from Trego in Washburn Estimated Number of Respondents: of its service. County to a location near Hayward in Sawyer 600,000. County, WI. The segment between Hayward Decided: October 15, 1997. Junction and Hayward was acquired by Wisconsin Estimated Time Per Respondent: 30 Central Ltd. (WCL) pursuant to an acquisition By the Board, David M. Konschnik, minutes. exemption in Wisconsin Central Ltd.—Acquisition Director, Office of Proceedings. Estimated Total Annual Burden Exemption— Lines of Union Pacific Railroad Hours: 300,000. Company, STB Finance Docket No. 33116 (STB Vernon A. Williams, served Apr. 17, 1997). WCL operates another rail Secretary. Request For Comments line that connects to the acquired line at Hayward Junction. UP states that the line to be abandoned [FR Doc. 97–27734 Filed 10–17–97; 8:45 am] Comments submitted in response to does not now connect to any UP rail line. BILLING CODE 4915±00±P this notice will be summarized and/or Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Notices 54505 included in the request for OMB should be directed to Vicki S. Thorpe, DEPARTMENT OF THE TREASURY approval. All comments will become a Bureau of the Public Debt, 200 Third matter of public record. Comments are Street, Parkersburg, WV 26106–1328, Bureau of the Public Debt invited on: (a) Whether the collection of (304) 480–6553. information is necessary for the proper Proposed Collection: Comment performance of the functions of the SUPPLEMENTARY INFORMATION: Request agency, including whether the Title: Application By Preferred ACTION: Notice and request for information shall have practical utility; Creditor For Disposition Without comments. (b) the accuracy of the agency’s estimate Administration Where Deceased of the burden of the collection of SUMMARY: The Department of the information; (c) ways to enhance the Owner’s Estate Includes United States Registered Securities And/Or Related Treasury, as part of its continuing effort quality, utility, and clarity of the to reduce paperwork and respondent Checks In An Amount Not Exceeding information to be collected; (d) ways to burden, invites the general public and $500. minimize the burden of the collection of other Federal agencies to take this information on respondents, including OMB Number: 1535–0042. opportunity to comment on proposed through the use of automated collection Form Number: PD F 2216. and/or continuing information techniques or other forms of information collections, as required by the Abstract: The information is technology; and (e) estimates of capital Paperwork Reduction Act of 1995, requested to support a request for or start-up costs and costs of operation, Public Law 104–13 (44 U.S.C. payment by a preferred creditor of a maintenance, and purchase of services 3506(c)(2)(A)). Currently the Bureau of to provide information. decedent’s estate. the Public Debt within the Department Dated: October 14, 1997. Current Actions: None. of the Treasury is soliciting comments Vicki S. Thorpe, Type of Review: Extension. concerning the Subscription For Purchase and Issue of U.S. Treasury Manager, Graphics, Printing and Records Affected Public: Individuals or Branch. Securities, State and Local Government Businesses. [FR Doc. 97–27686 Filed 10–17–97; 8:45 am] Series. BILLING CODE 4810±39±P Estimated Number of Respondents: DATES: Written comments should be 5,000. received on or before December 22, Estimated Time Per Respondent: 10 1997, to be assured of consideration. DEPARTMENT OF THE TREASURY minutes. ADDRESSES: Direct all written comments Bureau of the Public Debt Estimated Total Annual Burden to Bureau of the Public Debt, Vicki S. Hours: 835. Thorpe, 200 Third Street, Parkersburg, Proposed Collection: Comment WV 26106–1328. Request Request for Comments FOR FURTHER INFORMATION CONTACT: Comments submitted in response to Requests for additional information or ACTION: Notice and request for copies of the form and instructions this notice will be summarized and/or comments. should be directed to Vicki S. Thorpe, included in the request for OMB Bureau of the Public Debt, 200 Third SUMMARY: The Department of the approval. All comments will become a Treasury, as part of its continuing effort Street, Parkersburg, WV 26106–1328, matter of public record. Comments are (304) 480–6553. to reduce paperwork and respondent invited on: (a) Whether the collection of burden, invites the general public and information is necessary for the proper SUPPLEMENTARY INFORMATION: other Federal agencies to take this performance of the functions of the opportunity to comment on proposed Title: Subscription For Purchase And agency, including whether the and/or continuing information Issue Of U.S. Treasury Securities—State information shall have practical utility; collections, as required by the And Local Government Series. Paperwork Reduction Act of 1995, (b) the accuracy of the agency’s estimate OMB Number: 1535–0092. Public Law 104–13 (44 U.S.C. of the burden of the collection of Form Number: PD F 4144. 3506(c)(2)(A)). Currently the Bureau of information; (c) ways to enhance the Abstract: The information is the Public Debt within the Department quality, utility, and clarity of the requested to establish accounts for the of the Treasury is soliciting comments information to be collected; (d) ways to owners of securities of State and Local concerning the Application by Preferred minimize the burden of the collection of Government Series. Creditor for Disposition Without information on respondents, including Current Actions: None. Type of Review: Extension. Administration Where Deceased through the use of automated collection Affected Public: State or Local Owner’s Estate Includes United States techniques or other forms of information Government. Registered Securities And/Or Related technology; and (e) estimates of capital Estimated Number of Respondents: Checks In An Amount Not Exceeding or start-up costs and costs of operation, 5,000. $500. maintenance, and purchase of services Estimated Time Per Respondent: 55 DATES: Written comments should be to provide information. minutes. received on or before December 22, Dated: October 14, 1997. Estimated Total Annual Burden 1997, to be assured of consideration. Vicki S. Thorpe, Hours: 4,585. ADDRESSES: Direct all written comments to Bureau of the Public Debt, Vicki S. Manager, Graphics, Printing and Records Request For Comments Branch. Thorpe, 200 Third Street, Parkersburg, Comments submitted in response to WV 26106–1328. [FR Doc. 97–27687 Filed 10–17–97; 8:45 am] this notice will be summarized and/or FOR FURTHER INFORMATION CONTACT: BILLING CODE 4810±39±P included in the request for OMB Requests for additional information or approval. All comments will become a copies of the form and instructions matter of public record. Comments are 54506 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Notices invited on: (a) Whether the collection of opportunity to comment on proposed Affected Public: State or local information is necessary for the proper and/or continuing information governments. performance of the functions of the collections, as required by the Estimated Number of Respondents: agency, including whether the Paperwork Reduction Act of 1995, 1,000. information shall have practical utility; Public Law 104–13 (44 U.S.C. Estimated Time Per Respondent: 10 (b) the accuracy of the agency’s estimate 3506(c)(2)(A)). Currently the Bureau of minutes. of the burden of the collection of the Public Debt within the Department Estimated Total Annual Burden information; (c) ways to enhance the of the Treasury is soliciting comments Hours: 167. quality, utility, and clarity of the concerning Regulations governing U.S. information to be collected; (d) ways to Treasury Certificates of Indebtedness— Request For Comments minimize the burden of the collection of State and Local Government Series. Comments submitted in response to information on respondents, including DATES: Written comments should be this notice will be summarized and/or through the use of automated collection received on or before December 22, included in the request for OMB techniques or other forms of information 1997, to be assured of consideration. approval. All comments will become a technology; and (e) estimates of capital ADDRESSES: Direct all written comments matter of public record. Comments are or start-up costs and costs of operation, to Bureau of the Public Debt, Vicki S. invited on: (a) Whether the collection of maintenance, and purchase of services Thorpe, 200 Third Street, Parkersburg, information is necessary for the proper to provide information. WV 26106–1328. performance of the functions of the Dated: October 14, 1997. FOR FURTHER INFORMATION CONTACT: agency, including whether the Vicki S. Thorpe, Requests for additional information or information shall have practical utility; Manager, Graphics, Printing and Records copies should be directed to Vicki S. (b) the accuracy of the agency’s estimate Branch. Thorpe, Bureau of the Public Debt, 200 of the burden of the collection of [FR Doc. 97–27688 Filed 10–17–97; 8:45 am] Third Street, Parkersburg, WV 26106– information; (c) ways to enhance the BILLING CODE 4810±39±P 1328, (304) 480–6553. quality, utility, and clarity of the information to be collected; (d) ways to SUPPLEMENTARY INFORMATION: minimize the burden of the collection of DEPARTMENT OF THE TREASURY Title: Regulations Governing United information on respondents, including States Treasury Certificates Of through the use of automated collection Bureau of the Public Debt Indebtedness—State and Local techniques or other forms of information Government Series, United States Proposed Collection: Comment technology; and (e) estimates of capital Treasury Notes—State and Local Request or start-up costs and costs of operation, Government Series, and United States maintenance, and purchase of services ACTION: Notice and request for Treasury Bonds—State and Local to provide information. comments. Government Series. OMB Number: 1535–0091. DATED: October 14, 1997. SUMMARY: The Department of the Abstract: The information is Vicki S. Thorpe, Treasury, as part of its continuing effort requested to establish an investor Manager, Graphics, Printing and Records to reduce paperwork and respondent account, issue and redeem securities. Branch. burden, invites the general public and Current Actions: None. [FR Doc. 97–27689 Filed 10–17–97; 8:45 am] other Federal agencies to take this Type of Review: Extension. BILLING CODE 4810±39±P federal register October 20,1997 Monday Rule Transportation RelatedOnshoreFacilities; Oil PollutionPrevention;Non- 40 CFRPart112 Protection Agency Environmental Part II 54507 54508 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations
ENVIRONMENTAL PROTECTION cents will be incurred for each D. Petitioners’ Claim: Animal Fats and AGENCY additional page, plus a $25.00 Vegetable Oils Are Readily administrative fee. Biodegradable and Do Not Persist in the 40 CFR Part 112 Environment FOR FURTHER INFORMATION CONTACT: 1. Chemical and Biological Processes [FRL±5909±5] Bobbie Lively-Diebold, Oil Pollution Affecting Vegetable Oils and Animal Fats Center, Office of Emergency and in the Environment Oil Pollution Prevention; Non- Remedial Response (5203G), U.S. a. Chemical Processes Transportation Related Onshore b. Biological Processes Environmental Protection Agency, 401 c. Rancidity Facilities M Street, SW., Washington, DC 20460 at 2. Environmental Fate and Effects of Spilled 703–356–8774 AGENCY: Vegetable Oils and Animal Fats: Real- Environmental Protection ([email protected]); or the Agency (EPA). World Examples RCRA/Superfund Hotline at 800–424– 3. FWS Comments on Degradation ACTION: Denial of petition requesting 9346 (in the Washington, DC E. Petitioners’ Claim: Vegetable Oils and amendment of the Facility Response metropolitan area, 703–412–9810). The Animal Fats Have a High BOD, Which Plan rule. Telecommunications Device for the Deaf Could Result in Oxygen Deprivation (TDD) Hotline number is 800–553–7672 Where There Is a Large Spill in a SUMMARY: EPA is denying the request Confined Body of Water (in the Washington, DC metropolitan submitted by various trade associations F. Petitioners’ Claim: Vegetable Oils and area, 703–412–3323). to amend the Facility Response Plan Animal Fats Can Coat Aquatic Biota and Foul Wildlife (FRP) rule that the Agency promulgated SUPPLEMENTARY INFORMATION: The under section 311(j) of the Clean Water contents of this Denial of Petition are III. Petitioners’ Suggested Language to Act (CWA), as amended by the Oil listed in the following outline: Amend the July 1, 1994, Facility Response Plan Rule Pollution Act (OPA) of 1990. These I. Background organizations had requested that EPA A. Background A. The Organizations’ Petition modify the FRP rule in a number of B. Regulatory Language Changes Proposed by B. Background on the Processing and Storage the Petitioners ways to treat facilities that handle, store, of Vegetable Oils and Animal Fats or transport animal fats and vegetable IV. Conclusions II. Technical Evaluation of Petitioners’ Acronym List oils in a manner differently from those Claims facilities that store petroleum-based oils. Bibliography EPA believes that the petition did not A. General Appendix I: Supporting Tables substantiate the claimed differences B. Petitioners’ Claim: Animal Fats and Vegetable Oils Are Non-Toxic Table 1. Comparison of Physical Properties of between animal fats and vegetable oils 1. How Animal Fats and Vegetable Oils Vegetable Oils and Animal Fats with and petroleum oils so as to support a Produce Adverse Environmental Effects Petroleum Oils further differentiation between these 2. Physical Properties Table 2. Comparison of Vegetable Oils and groups of oils under the FRP rule. 3. Chemical Composition Animal Fats with Petroleum Oils Instead, EPA continues to find that a 4. Environmental Effects Table 3. Comparison of Aqua Methods and a. Physical Effects of Spilled Oil Standard Acute Aquatic Testing Methods worst case discharge or substantial Table 4. Effects of Real-World Oil Spills threat of discharge of animal fats and/ b. Effects of Oil on Metabolic Requirements or vegetable oils to navigable waters, c. Effects of Oil on Food and the Food Web, Appendix II: Edible Oil Regulatory Reform Act Differentiation adjoining shorelines, or the exclusive Communities, and Ecosystems economic zone could reasonably be d. Indirect Effects I. Background 5. Toxicity expected to cause substantial harm to a. Principles of Toxicology The OPA (Pub. L. 101–380, 104 Stat. the environment, including wildlife that b. Exposure From Oil Spills 484) was enacted to expand prevention may be killed by the discharge of fats or c. Toxicity of Petroleum Oils and preparedness activities, improve vegetable oils. Moreover, EPA believes d. Toxicity of Vegetable Oils and Animal response capabilities, ensure that that in setting different response Fats shippers and oil companies pay the strategies for petroleum and non- Figure 1. Toxicity and Adverse Effects of costs of spills that do occur, provide an petroleum oils, (with animal fat and Components and Transformation additional economic incentive to vegetable oils in the latter category), the Products of Vegetable Oils and Animal prevent spills through increased FRP rule already provides for adequate Fat penalties and enhanced enforcement, differentiation in response planning 6. Epidemiological Studies establish an expanded research and requirements for all covered facilities. a. Human Health development program, and establish a b. Comparison of Effects From Oil Spills ADDRESSES: The official record for this With Human Consumption of Vegetable new Oil Spill Liability Trust Fund decision is located in the Superfund Oils and Animal Fats administered by the U.S. Coast Guard. Docket, at the U.S. Environmental 7. Other Adverse Effects from Oil Spills Section 4202(a) of the OPA amends Protection Agency, [Docket Number a. Aesthetic Effects: Fouling and Rancidity CWA section 311(j) to require SPCC–3]. The docket is available for b. Fire Hazards regulations for owners or operators of inspection between 9 a.m. and 4 p.m., c. Effects on Water Treatment facilities to prepare and submit ‘‘a plan Monday through Friday, excluding 8. FWS Comments for responding, to the maximum extent Federal holidays, at US EPA Crystal C. Petitioners’ Claim: Animal Fats and practicable, to a worst case discharge, Gateway 1 (CG1), 1235 Jefferson Davis Vegetable Oils Are Essential Components and to a substantial threat of such a Highway, Arlington, VA 22202. of Human and Wildlife Diets discharge, of oil or a hazardous Appointments to review the docket can 1. Nutritional Requirements for Dietary Fat substance.’’ This requirement applies to 2. Essential Fatty Acids (EFA) be made by calling 703–603–8917. The 3. Adverse Effects of High Levels of EFAs all offshore facilities and any onshore public may copy a maximum of 266 4. Adverse Effects of High Levels of Fats and facility that, ‘‘because of its location, pages from any regulatory docket at no Oils could reasonably be expected to cause cost. If the number of pages copied 5. Relevance of EFA Principles to Spills substantial harm to the environment by exceeds 266, however, a charge of 15 6. FWS Comments on Essential Fatty Acids discharging into or on the navigable Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations 54509 waters, adjoining shorelines, or the submitted to EPA during the facility fish and wildlife and environmentally exclusive economic zone’’ (‘‘substantial response plan rulemaking as enclosures sensitive areas. The letter stated that the harm facilities’’). to a comment filed over nine months key facts were misrepresented, On July 1, 1994, EPA published its after the close of the comment period. incomplete, or omitted in the Report. Final Rule amending the Oil Pollution Based, in part, on these studies (the FWS also observed that the ENVIRON Prevention regulation (40 CFR part 112) ENVIRON report and Aqua Survey report failed to give appropriate to incorporate new requirements to study), the Petitioners asked EPA to significance to the fouling potential of implement amended section 311(j)(5) of create a regulatory regime for response edible oils (USDOI/FWS, 1994). the CWA. (Oil Pollution Prevention; planning for non-petroleum, ‘‘non- The National Oceanic and Non-Transportation-Related Onshore toxic’’ oils separate from the regime Atmospheric Administration (NOAA) Facilities; Final Rule, 59 FR 34070, July established for petroleum oils and also had evaluated the effects on the 1, 1994). Under authority of section ‘‘toxic,’’ non-petroleum oils. environment of spilled non-petroleum 311(j)(1)(C) of the CWA, the Final Rule The report and the study provided oils, including coconut, corn, also requires planning for a small and information on certain physical, cottonseed, fish, and palm oils. medium discharge of oil, as appropriate. toxicological, and chemical properties (Memorandum of Record, dated June 3, In the final rule, EPA determined that of animal fats and vegetable oils 1993, from the Department of Commerce for the purposes of section 311(j) compared with other types of oil. The (DOC)/NOAA Hazardous Materials planning, the OPA includes non- petitioners argued that according to the Response and Assessment Division.) petroleum oils. The Agency noted that ENVIRON report, the presence of animal The NOAA assessment, based on the definition of ‘‘oil’’ in the Clean fats and vegetable oils in the literature research, addresses physical Water Act includes oil of any kind, and environment does not cause significant and chemical properties and toxicity of that EPA uses this broad definition in 40 harm. Six specific conclusions of the these and other oils, and indicates that CFR part 110, Discharge of Oil. Animal ENVIRON report regarding vegetable some edible oils, when spilled, may fats and vegetable oils fall within the oils and animal fats were that these have adverse environmental effects. CWA definition of ‘‘oil.’’ substances are not toxic to the (The views of the FWS and NOAA on Only a small number, no more than environment; are essential components the adverse effects of animal fats and 11⁄4 percent of the total SPCC to human and wildlife diets; readily vegetables are discussed in detail in the community regulated (approximately biodegrade; are not persistent in the preamble to the U.S. Coast Guard’s final 5,400 of a total of 435,000 facilities) environment like petroleum oils; do rule setting forth response plan under 40 CFR part 112.1–112.7 meet the have a high Biochemical Oxygen requirements for marine transportation- criteria for substantial harm under 40 Demand (BOD), which could result in related facilities, [61 FR 7890, 7907– CFR 112.20. Only a small number of the oxygen deprivation where there is a 7908, Feb. 29, 1996] and are included in 5,400 substantial harm facilities (an large spill in a confined body of water the docket that supports this decision. estimated 50 to 100) store or use that has low flow and dilution; and can These views also are discussed in EPA’s vegetable oil and animal fat and have coat aquatic biota and foul wildlife. Request for Data and Comment on prepared and submitted FRPs. The Petitioners also submitted an Response Strategies for Facilities That Appendix to their Petition that included A. The Organizations’ Petition Handle, Store, or Transport Certain specific suggested language to amend Non-Petroleum Oils, 59 FR 53742– By a letter dated August 12, 1994, the July 1, 1994, FRP rule. The 53743, October 26, 1994.) EPA received a ‘‘Petition for submitted language would have resulted On October 26, 1994, in view of the Reconsideration and Stay of Effective in the following changes regarding differing scientific conclusions reached Date’’ of the OPA-mandated FRP final facilities that handle, store, or transport by the Petitioners, the FWS, and other rule as that rule applies to facilities that animal fats and vegetable oils: Further groups and agencies, EPA requested handle, store, or transport animal fats or clarified the definition of animal fats broader public comment on issues vegetable oils. The petition was and vegetable oil (set out in Appendix raised by the Petitioners in a notice and submitted on behalf of seven E, 1.2 of the FRP); allowed mechanical request for data (Request for Data and agricultural organizations (‘‘the dispersal and ‘‘no action’’ options to be Comment on Response Strategies for Organizations’’ or ‘‘Petitioners’’): the considered in lieu of the oil Facilities That Handle, Store, or American Soybean Association, the containment and recovery devices Transport Certain Non-Petroleum Oils, Corn Refiners Association, the National otherwise specified for response for a 59 FR 53742, October 26, 1994). These Corn Growers Association, the Institute worst case discharge; required the use of issues included whether to have of Shortening & Edible Oils, the a containment boom only for the different specific response approaches National Cotton Council, the National protection of fish and wildlife and for releases of animal fats and vegetable Cottonseed Products Association, and sensitive environments; and increased oils (rather than increased flexibility), the National Oilseed Processors required on-scene arrival time for and the effects on the environment of Association. response resources from 12 hours releases of these oils. EPA also asked To support the Petition, the (including travel time) to 24 hours plus commenters to recommend specific data Organizations referenced an industry- travel time for medium discharges and that relate to the comparison of sponsored report titled ‘‘Environmental worst case Tier 1 response resources. petroleum and non-petroleum oils. EPA Effects of Release of Animal Fats and The Federal natural resource trustee received fourteen comments in response Vegetable Oils to Waterways’’ (prepared agencies, including the Fish and to its October 26, 1994, notice and by ENVIRON Corporation, June 28, Wildlife Service (FWS), had reviewed request for data. 1993), and an associated study titled the ENVIRON study. In an April 11, Of these fourteen commenters, most ‘‘Diesel Fuel, Beef Tallow, RBD Soybean 1994, letter to the Department of agreed with the trade associations’ Oil and Crude Soybean Oil: Acute Transportation’s (DOT) Research and request that EPA should modify the FRP Effects on the Fathead Minnow, Special Projects Administration (RSPA), rule. Most of the commenters asserted Pimephales Promelas’’ (prepared by the FWS stated that the Report did not that, based upon the ENVIRON report, Aqua Survey, Inc., May 21, 1993). Both provide an accurate assessment of the animal fats and vegetable oils are the report and the study had been dangers that non-petroleum oils pose to readily biodegradable and not persistent 54510 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations in the environment. Certain commenters bleaching and dry removal of gums and vegetable oils are non-toxic, readily also argued that vegetable oils and waxes, hydrogenation, biodegradable, not persistent in the animal fats are less toxic than other interesterification, fractionation, environment, and in fact are essential types of oils. Other commenters argued deodorizing, and shortening or components of human and wildlife that edible oils pose less risk to the margarine production (Hui, 1996d; diets. Most of the Petitioners’ arguments environment because they are typically Brekke, 1980). During these steps, focus on toxicity, although toxicity is stored in smaller tanks at food several classes of materials may be only one of several mechanisms by processing facilities, whereas removed, such as gums, phospholipids, which oil spills cause environmental petroleum-based oils are stored in larger pigments, free fatty acids, color bodies, damage. tanks at petroleum facilities. One pigments, metallic prooxidants, and In making its claims, the Petitioners commenter, citing the unnecessary and residual soaps. New compounds, have disregarded fundamental scientific burdensome regulations and the including oxidation products, polymers principles and ignored a large body of excellent spill record of the animal fat and their decomposition products, may scientific evidence that was considered and vegetable oil industry, stated that be formed and contaminants introduced by EPA in its promulgation of rules EPA should differentiate animal fats and during processing (Hui, 1996d). implementing the requirements of the vegetable oils from other types of oils. Impurities are also removed and CWA. The ENVIRON report submitted One commenter questioned the chemical structure modified during by the Petitioners acknowledges that accuracy of the ENVIRON report and processing of animal fats (Hui, 1996d). animal fats and vegetable oils can cause stated that non-petroleum oils can The major animal fats are lard and oxygen deprivation and coating of adversely affect fish and wildlife and tallow. Steps in the processing of animal animals, but the Petitioners incorrectly environmentally sensitive areas. fats may include rendering, bleaching, minimize the importance of these mechanisms in causing environmental B. Background on the Processing and hydrogenation, deodorizing, interesterification, and fractionation. damage and rely instead on limited Storage of Vegetable Oils and Animal studies in narrow areas of toxicity, Fats Rendering, the removal of fat from animal tissues using heat or mechanical which are then improperly generalized In 1992, approximately 20.8 billion means, is often a continuous process to support the Petitioners’ claims. pounds of vegetable oils and animal fats that results in products that require no Petitioners’ submission emphasizes were consumed in the United States, further treatment. Further refining that animal fats and vegetable oils are including over 14.8 billion pounds for removes materials, such as free fatty used by all organisms for food. The edible uses; and more than 5.9 billion acids or collagen or protein, or changes ingestion of small quantities of edible pounds for inedible uses, such as soap, the characteristics of the fat for oils by humans, however, is a paint or varnish, feed, resins and specialized use. completely different situation from plastics, lubricants, fatty acids, and Spills of crude vegetable oils spills of oil into the environment. These other products (Hui, 1996a). The extent containing gums, phospholipids, free situations differ markedly in the extent of processing of vegetable oils and fatty acids, and a host of other chemical and duration of exposure, the route of animal fats depends on the ultimate use components can differ greatly from exposure, the species exposed, the of the product. Chemical composition, spills of processed oils in their composition of the chemicals involved, which determines the toxicity and fate persistence in the environment, the the circumstances surrounding the of oils in the environment, changes at environmental compartments in which exposure, and the types of effects each step in processing, as impurities or they are distributed, the breakdown produced—factors that determine the specific components are removed or products that they form, their rate of toxicity and severity of the adverse chemicals formed; chemical degradation, and the exposure and effects of chemicals. Thus, even if the composition can also be changed by environmental effects that they produce. human consumption of small quantities storage, heating, or reactions in the Some minor components of oils can of oils in food were judged completely environment (Hui, 1996d; Brekke, affect their properties or cause adverse safe, no inferences could be drawn 1980). health and environmental effects. about the toxicity and other effects of Processing steps in vegetable oil vegetable oils and animal fats on facilities are generally independent Spilled oils and fats can be transformed by physical, chemical, or biological environmental organisms exposed in the operations that are not connected by very different circumstances of oil continuous flow, and between each processes to form products that are more or less toxic than the original oil, spills. processing step there may be one or The Petitioners’ arguments about depending on the specific oil and the more storage tanks (Hui, 1996d). Many toxicity do not address the central issue: products that are formed. crude vegetable oil storage tanks, which Spills of animal fats and vegetable oils The EPA has considered the are usually constructed of welded kill or injure fish, birds, mammals, and Petitioners’ claims in detail. EPA’s carbon steel, have a capacity of 1 other species and produce a host of technical evaluation on the Petitioners’ million pounds (approximately 140,000 other undesirable effects. Whether this claims is set forth in section II. EPA’s gallons) (Hui, 1996d). They may be death and destruction results from responses to suggested changes in the located in the open or enclosed in a toxicity or from other processes, spills FRP regulation are provided in section structure. Storage tanks for finished fats of animal fats and vegetable oils should III. Detailed studies and information to and oils are generally made of iron, be prevented and if spills occur, quickly support this document are provided in stainless steel, or aluminum and removed to reduce the environmental a Technical Document, which is located typically hold between 75 and 200 tons harm and other adverse effects they in the Docket. (about 21,000 to 56,000 gallons) of produce. product. II. Technical Evaluation of Petitioners’ B. Petitioners’ Claim: Animal Fats and In a typical integrated vegetable oil Claims processing facility, steps may include Vegetable Oils Are Non-Toxic crude oil storage, preparation, extraction A. General The Petitioners claim that EPA’s and meal finishing, removal of gums The Petitioners claim that unlike most implementation of the response plan and lecithin processing, caustic refining, if not all other oils, animal fats and provisions and other regulatory changes Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations 54511 under the CWA are inconsistent with 1. How Animal Fats and Vegetable Oils variable, most fall within in a range that established regulatory principles and Produce Adverse Environmental Effects is similar to the physical parameters for with the available scientific data related The deleterious environmental effects petroleum oils. (See Appendix I, Table to animal fats and vegetable oils, which, of spills of petroleum oils and non- 1: Comparison of Physical Properties of unlike other oils, are non-toxic. petroleum oils, including animal fats Vegetable Oils and Animal Fats With EPA Response: For a number of and vegetable oils, are produced Petroleum Oils and Table 2: Comparison reasons that are detailed in this through physical contact and of Vegetable Oils and Animal Fats with document and the Technical Document, destruction of food sources as well as Petroleum Oils). Common properties— such as solubility, specific gravity, and EPA disagrees with the Petitioners’ toxic contamination (USDOC/NOAA, viscosity—are responsible for the contention that animal fats and 1996; NAS, 1985e; Crump-Wiesner and similar environmental effects of vegetable oils are non-toxic when Jennings, 1975; Frink, 1994; Frink and petroleum and vegetable oils and animal spilled into the environment. First, Miller, 1995; Hartung, 1995; USDOI/ fats. Petroleum and vegetable oils and while the Petitioners rely on laboratory FWS, 1994). Nearly all of the most animal fats can enter all parts of an tests that measure only the acute lethal immediate and devastating aquatic system and adjacent shoreline, effects of some vegetable oils and environmental effects from oil spills— and similar methods of containment, animal fats in one species of fish, these such as smothering of fish or coating of removal and cleanup are used to reduce tests say nothing about other acute toxic birds and mammals and their food with effects or long-term toxic effects, or the harm created by spills of petroleum oil—are physical effects related to the and vegetable oils and animal fats. toxic effects on other species or physical properties of oils and their ecosystems, or toxic effects of oil spilled physical interactions with living 3. Chemical Composition in the environment under conditions systems (Hartung, 1995). The chemical composition and that differ from those in the laboratory. While these immediate physical physical properties of petroleum and Second, the tests submitted by the effects and effects on food sources may non-petroleum oils, including vegetable Petitioners cannot demonstrate ‘‘non- not be considered the result of oils and animal fats, determine their fate toxicity’’ of vegetable oils and animal ‘‘toxicity’’ in the classic sense—i.e., in the environment (where they go, fats; indeed the tests described in the effects that are produced when a reactions, rate of disappearance) and the study only measure the lethality of the chemical reacts with a specific receptor exposure and adverse effects that they oils tested under a given set of site of an organism at a high enough produce. The chemical composition experimental conditions. Third, other concentration for a sufficient length of changes at each step in processing, as information and data indicate that time (Rand and Petrocelli, 1985)— impurities or specific components are animal fats and vegetable oils, their severe debilitation and death of fish and removed or chemicals formed (Hui, components, and degradation products wildlife are caused by spills of animal 1996d; Brekke, 1980). Chemical are not as ‘‘non-toxic’’ as the Petitioners fats and vegetable oils, other non- composition can also change with assert. Fourth, while low levels of petroleum oils, and petroleum oils and storage, heating, or reactions in the certain animal fats and vegetable oils or their products. Adverse environmental environment. their components may be essential effects can occur long after the initial The main constituents of vegetable constituents of the diet of humans and exposure to animal fats and vegetable oils and animal fats are esters of glycerol wildlife, adverse effects occur from oils because of toxicity, persistence of and fatty acids (Hui, 1996b). The ester exposure to high levels of these products in the environment, or linkages can be hydrolyzed to yield free chemicals. Numerous examples in the destruction of food sources and habitat fatty acids and glycerol. While scientific literature demonstrate that and diminished reproduction resulting triglycerides (triacylglycerols) essentiality does not confer safety and from physical effects or toxicity. predominate, fats and oils also contain essential elements can produce toxic mono- and diglycerides (mono-and 2. Physical Properties effects (Klaassen et al., 1986; NAS, diacylglycerols) and other lipids, e.g., 1977a; Rand and Petrocelli, 1985; Hui, Petroleum oils and non-petroleum phosphatides and cholesterol, free fatty 1996b). oils, including vegetable oils and animal acids, and small amounts of other Furthermore, EPA emphasizes that fats, share common physical properties compounds. Fats and oils also contain toxicity is only one of several and produce similar environmental other minor components, such as mechanisms by which oil spills cause effects (Crump-Wiesner and Jennings, polynuclear aromatic hydrocarbons environmental damage. As discussed 1975; USDOI, 1994; Frink, 1994). When (PAHs). Like vegetable oils and animal below, the physical effects of spilled spilled in the aquatic environment, fats, petroleum crude oils are oil—such as coating animals and plants petroleum oils, animal fats and hydrocarbon mixtures that can be with oil and suffocation of aquatic vegetable oils and their fatty acid further processed to make specific organisms from oxygen depletion—and constituents may float on the water’s products; but the hydrocarbon the destruction of the food supply kill surface, become solubilized or constituents of petroleum oils are birds and mammals, destroy fish and emulsified in the water column, or settle primarily alkanes (paraffins), other aquatic species, and damage their on the bottom as a sludge, depending on cycloalkanes, and aromatic habitats. their physical and chemical properties hydrocarbons (IARC, 1989). By contaminating food sources, (Crump-Wiesner and Jennings, 1975; Fatty acids largely determine the reducing breeding animals and plants DOC/NOAA, 1992, 1996). Vegetable oils chemical and physical properties of that provide future food, contaminating and animal fats that are solid at room triglycerides (Hui, 1996a) and influence nesting habitats, and reducing temperature still serve as potent their fate and effects in the reproductive success through physical contaminants and are much environment. The structure of the fatty contamination and reduced hatchability more difficult to remove from affected acids can change as they are processed, of eggs, even oils that remain in the animals than petroleum oil (Frink, stored, heated, or transformed by environment for relatively short periods 1994). physical, chemical, and biological of time can cause long-term deleterious While the physical properties of processes in the environment. The fatty effects years after the oil was spilled. vegetable oils and animal fats are highly acid composition of vegetable oils and 54512 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations animal fats varies with plant or animal because of increased energy demands normal amount of food; yet they are species, season, geographical location, needed to maintain body temperature often isolated from their food supply feed, and other factors. when they are coated with oil. (Hartung, 1967, 1995; Alexander, 1983). The physical and chemical properties • Oils can exert a direct toxic action Fat and muscular energy reserves of of petroleum and non-petroleum oils on fish, wildlife, or their food supply. these birds are rapidly exhausted and can change after they have spilled into • Oils can taint the flavor and cause their body temperature drops (Hartung, the environment. Spilled oil can be intestinal lesions from laxative 1967; Croxall, 1977; Alexander, 1983; transformed through a wide variety of properties in fish. Rozemeijer et al., 1992). As their physical, chemical, and biological • Oils can foul shorelines and appetite declines, death from starvation processes (USDOC/NOAA, 1992a, beaches. Oil spills can also create rancid ensues. Similarly, sea otters with fur 1996). These processes are affected by odors. coated with oil require increased many factors, among them temperature, The environmental effects of metabolism to compensate for major oxygen, light, ionizing radiation, and vegetable oils and animal fats and changes in conductance and heat flow the presence of metals (Kiritsakis, 1990; petroleum oils, their chemical and across the body surface (Hartung, 1967, Hui, 1996a, 1996d). physical properties, and their 1995; Kooyman, 1977; Williams et al., As the composition of the oil changes, environmental fate are compared in 1990; NAS, 1985e). so does its fate in the environment and Appendix I, Table 2. Oiled birds tend to preen their its toxicity. The products that are a. Physical Effects of Spilled Oil. feathers and may ingest large amounts formed can be more or less toxic than Physical effects produce nearly all of the of oil from attempting to clean the original oil, depending on the most immediate and devastating themselves and from consuming oil- specific oil and the products that are environmental effects from oil spills. contaminated food and oil particles formed. Oxidation of vegetable oils and Even oils that remain in the (Frink, 1994; Frink and Miller, 1995; animal fats, which may contribute environment for relatively short periods Alexander, 1983; NAS, 1985e; Hartung, rancid off-flavors and odors, can create of time can cause long-term deleterious 1965, 1967, 1995). Bird rescuers have products, such as cyclic monomers and effects years after the oil was spilled. described dead birds with organs filled oxycholesterols that are toxic at Coating with Oil. Among the with oil from eating oiled food (Lyall, relatively low concentrations (Hui, immediate effects of oil spills is the 1996; Frink and Miller, 1995). Oil can 1996a). Polymers of soybean oil and coating of the feathers of birds and fur also be transferred to birds through sunflower oil can form concrete-like of mammals (Hartung, 1995). Coating of consumption of fouled prey or direct aggregates with soil or sand that cannot animals and their food supply is contact with the oiled shoreline or be readily degraded by bacteria and produced by spills of petroleum and surface water (Frink and Miller, 1995; remain in the environment for many non-petroleum oils alike. Birds and Smith and Herunter, 1989). The coated years after they are spilled (Minnesota, some mammals, such as sea otters and birds that are observed after oil spills 1963; Mudge, 1995, 1997a, 1997b). river otters that depend upon entrained are probably a small proportion of the Petroleum oils also undergo oxidation air for buoyancy and insulation, are total affected, as weakened birds are and polymerization reactions and can particularly vulnerable to harm from likely victims of predators (Hartung, form tars that persist in the environment spills of non-petroleum and petroleum 1995; Alexander, 1983; NAS, 1985e; for years (NAS, 1985d). oils (NAS, 1985e; Hartung, 1967, 1995). Lyall, 1996; Frink and Miller, 1995; In freshwater or tidal brackish waters, McKelvey et al., 1980; Smith and 4. Environmental Effects oiled birds are usually waterfowl and Herunter, 1989; Minnesota, 1963). Spills of petroleum and vegetable oils wading birds, such as herons Small spills of vegetable oil, animal and animal fats can harm aquatic (Alexander, 1983). fat and petroleum oils can cause great organisms and wildlife in many ways Birds and mammals become coated ecological damage, depending upon the (Crump-Wiesner and Jennings, 1975): with oil when they land in an oil slick location of the spill and other factors. • Oil can coat the feathers and fur of or surface from underneath (Hartung, Even a small spill of vegetable oil can birds and mammals and cause drowning 1995). Oil alters the structure and be far more damaging to aquatic birds and hypothermia and increased function of the feathers and fur by than certain petroleum oils (McKelvey vulnerability to starvation and predators disrupting their orderly arrangement, et al., 1980; Smith and Herunter, 1989). from lack of mobility. thereby reducing entrainment of air and Suffocation. Suffocation and death of • Oils can act on the epithelial causing loss of buoyancy and thermal fish and other biota are often the surfaces of fish, accumulate on gills, and insulation (Rozemeijer, 1992; Leighton, consequence of oxygen depletion of the prevent respiration. The oil coating of 1995; Frink and Miller, 1995; NAS, water. Oxygen depletion can result from surface waters can interfere with natural 1985e; Alexander, 1983; Hartung, 1967, reduced oxygen exchange across the air- processes of reaeration and 1995; Crump-Wiesner and Jennings, water surface below the spilled oil or photosynthesis. Organisms and algae 1975). As the plumage absorbs water, from the high BOD produced by microor coated with oil may settle to the bottom the weight and body mass of the birds ganisms degrading oil (Crump-Wiesner with suspended solids along with other increases, and the birds sink and may and Jennings, 1975; Mudge, 1995). oily substances that can destroy benthic drown. Birds and mammals, with While a higher BOD is associated with organisms and interfere with spawning feathers or fur matted down by greater biodegradability, it also reflects areas. petroleum or non-petroleum oils, can the increased likelihood of oxygen • Oils can increase BOD and deplete also die from hypothermia and/or depletion and potential suffocation of water of oxygen sufficiently to kill fish. dehydration and diarrhea or fall victim aquatic organisms under certain • Oils can cause starvation of fish and to predators. environmental conditions (Crump- wildlife by coating food and removing Birds that are able to endure excess Wiesner and Jennings, 1975). Oxygen the food supply. Animals that ingest chilling while avoiding their predators depletion and suffocation are produced large amounts of oil through may reach shore and sit or stand in a by petroleum and non-petroleum oils, contaminated food or preening state of shock (NAS, 1985e; Alexander, including animal fats and vegetable oils. themselves may die as the result of the 1983). To maintain body temperature, Under certain conditions, however, oil ingested. Animals can also starve such birds would have to eat twice the some vegetable oils and animal fats Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations 54513 present a far greater risk to aquatic although the individual may continue to can profoundly suppress essential organisms than other oils spilled in the live for some time (NAS, 1985e; Frink fermentation bacteria and alter environment, as indicated by their and Miller, 1995; Smith and Herunter, fermentation balance, lipid metabolism, greater BOD. 1989). and milk fat production. Methane According to studies designed to Studies of polluted animals show that suppression is likely with a single large measure the degradation of fats in physiological stress is manifested in dose of unsaturated oil that exceeds the wastewater, some food oils exhibit higher energy demand (Sanders et. al., threshold of tolerance by fermentation nearly twice the BOD of fuel oil and 1980). When increasing environmental bacteria. A practical limit for fat of several times the BOD of other stress greatly elevates metabolism and about 8–10% of dietary dry matter is petroleum-based oils (Groenewold, reduces assimilation, little energy expected (personal communication, D. 1982; Institute, 1985; Crump-Wiesner remains for growth and reproduction, so Ullrey, 1996). and Jennings, 1975). While the higher that most species disappear and only a Indirect effects also occur when BOD of food oils is associated with few tolerant species survive in petroleum oil is spilled in the greater biodegradability by chronically polluted environments. Oil environment (NAS, 1985e). After a spill microorganisms using oxygen, it also pollution also forces animals to turn of number 5 fuel oil, the herring reflects the increased likelihood of from the most economical biochemical population was reduced because of oxygen depletion and suffocation of pathways to other more costly increased fungal damage to fish eggs, aquatic organisms under certain physiological pathways. which in turn resulted from a decreased environmental conditions (Groenewold, c. Effects of Oil on Food and the Food population of amphipods which graze 1982; Institute, 1985; Crump-Wiesner Web, Communities, and Ecosystems. fungi growing on fish eggs. and Jennings, 1975). Oil creates the The effects of oil on the food web and 5. Toxicity greatest demand on the dissolved community structures depend on the oxygen concentration in smaller water type and amount of oil spilled, the Adverse effects occur through both bodies, depending on the extent of physical nature of the area, nutritional non-toxic and toxic mechanisms. mixing (Crump-Wiesner and Jennings, status, oxygen concentration, and Whether an adverse effect occurs 1975). previous exposure of the impacted area through toxicity or other mechanisms is Contamination of Eggs. After spills of (NAS, 1985e). Geographic location often unknown (Yannai, 1980). For non-petroleum and petroleum oils, oil appears far more important in example, birds exposed to spilled oil can be transferred from birds’ plumage determining the impacts of oil spills may die from non-toxic mechanisms to the eggs they are hatching. Petroleum than spill size (Frink and Miller, 1995; —starvation, hypothermia, drowning, and non-petroleum oils, including McKelvey et al., 1980). The community shock, susceptibility to predators vegetable oils and animal fats, can structure and activities of microbes that because of a food supply that is smother an avian embryo by disrupting degrade petroleum oil are affected by inadequate to support increased energy the egg/air interface, sealing pores, and both catastrophic and chronic spills. requirements, and consumption of oiled preventing gas exchange (Albers, 1977; The risks from oil spills can be shifted food or oil from preening that clogs their Szaro and Albers, 1977; Leighton, 1995; from those associated with toxicity to organs— or from the toxicity of USDOI, 1994). those associated with habitat, e.g., chemicals or biotransformation products In addition to the severe physical predator-prey interaction (NAS, 1985e). in the oil. The deaths of the birds occur, effects produced by non-petroleum and The vulnerability of species and regardless of the mechanisms involved petroleum oils, some petroleum oils can individuals to oil spills varies greatly or knowledge about these mechanisms. also damage embryos apparently (NAS, 1985e), and the extent and rate of Toxicology is the study of the adverse through mechanisms of toxicity (Albers, recovery depends on many factors. In effects of chemicals on living organisms, 1977; Szaro and Albers, 1977; Leighton, enclosed waters where recruitment of including lethality; reproductive effects; 1995; Szaro, 1977; NAS, 1985e). Very organisms from outside becomes less effects on development; cancer; effects small quantities of petroleum or crude important, intrinsic factors may limit on the nervous system, kidney, liver, oil cause mortality and developmental the recovery of the zooplankton immune system, or other organs; and effects in avian embryos from a wide community. Plant communities too can biochemical effects, such as enzyme variety of species (Leighton, 1995; NAS, be affected long after an oil spill, with inhibition (Klaassen et. al., 1986; Rand 1985c). Whether vegetable oils and imbalances persisting for a decade or and Petrocelli, 1985). To examine the animal fats can harm embryos through more, even after the floral community is nature of toxic effects and evaluate the toxicity as well as physical effects is reestablished (Sanders et al., 1980). probability of their occurrence, factors unknown, for no studies of the toxicity When diversity and density have that affect toxicity must be known. A of vegetable oils and animal fats to avian increased and stabilized many years brief discussion of toxicity is presented embryos and developing birds were after a spill, behavioral responses may below. The supporting Technical located. continue to be distorted or biochemical Document discusses toxicology in b. Effects of Oil on Metabolic pathways may be shifted from efficient greater depth. Requirements. To survive spills of to more costly pathways. a. Principles of Toxicology. The petroleum and non-petroleum oils, d. Indirect Effects. While not toxicity of chemicals depends on factors animals require increased energy (NAS, generally regarded as classic ‘‘toxicity,’’ that are related to the organism itself, 1985e; Hartung, 1967, 1995). Birds high levels of fatty acids and chemical composition, external coated with oil must eat twice their food triglycerides from vegetable oils and environmental factors, and the exposure ration to maintain body temperature animal fats can upset the fermentation situation. The necessity of considering (Hartung 1967, 1995). Yet birds are often and digestion of ruminants, such as many factors in the evaluation of isolated from their food sources cattle, goats, deer, antelope, sheep, toxicity is underscored in basic following an oil spill or find their food moose, buffalos, and bighorn sheep (Van textbooks about toxicology, such as coated with oil (Hartung 1967, 1995). Soest, 1994). Although intake of normal Casarett and Doull’s Toxicology that Sublethal effects can increase levels of lipids does not affect state: vulnerability to disease or decrease fermentation in ruminants, excess ‘‘* * * Whether or not a toxic response growth and reproductive success, unsaturated fatty acids and triglycerides occurs is dependent * * * on the chemical 54514 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations and physical properties of the agent, the exposed to spilled oil are usually from Certain petroleum products and crude exposure situation, and the susceptibility of drowning or hypothermia resulting from oil fractions are associated with the biologic system or subject. Thus to coating, the ingestion of oil begins to increased cancer in refinery workers characterize fully the potential hazard of a contribute to effects later as birds and laboratory animals (IARC, 1989). specific chemical agent, we need to know not Many of these petroleum oils contain only what type of effect it produces and the consume large amounts of oil through dose required to produce the effect but also preening or ingestion of oil- benzene and polynuclear aromatic information about the agent, the exposure, contaminated food and oil particles hydrocarbons (PAHs), toxic constituents and the subject * * *’’ (Amdur et al., 1991). (Hartung, 1967, 1995). Fish and other that are carcinogenic in humans and animals. Untreated and mildly treated The hazards and risks from aquatic organisms may die from mineral oils are carcinogenic to humans. environmental exposures to chemicals suffocation soon after an oil spill or In experimental animals, some are assessed with toxicological studies exhibit toxic effects, including cancer distillates and cracked residues derived in the laboratory and with and adverse effects on growth and from the refining of crude oil and epidemiological studies, while field reproduction, following acute or chronic exposures to spilled oils and fats or residual (heavy) fuel oils are studies may be used to assess the carcinogenic. There is limited evidence ecological effects of chemicals on their breakdown products. Spilled oil can be transformed in experimental animals for the multiple species or ecosystems (NAS, carcinogenicity of unleaded automotive 1985c; NAS, 1977a; OSTP, 1985; Rand through a wide variety of physical, chemical, and biological weathering gasoline, fuel oil number 2, crude oil, and Petrocelli, 1985). Toxic chemicals and naphtha and kerosene produced by enter the body primarily by ingestion, processes that change oil composition, behavior, exposure routes, and toxicity certain processes. inhalation, and skin contact (Klaassen et d. Toxicity of Vegetable Oils and al., 1986). The toxic effects from acute (USDOC/NOAA 1992, 1996). Whether the environmental fate and toxicity of Animal Fats. The toxicity of vegetable exposure to a chemical (e.g., a single oils and animal fats and the toxic effects dose during a short period of time such the transformation products differs from that of the parent depends upon the on many systems and organs in the body as 24 hours) may differ greatly from are summarized in Appendix I, Table 2 those produced by long-term (chronic) specific oil and products that are formed. and described briefly below. A detailed exposures. Toxic effects can be discussion of these effects is included in c. Toxicity of Petroleum Oils. The immediate or they can be delayed. the supporting Technical Document. A substance that is harmless at low toxic effects of petroleum oils are The acute and chronic toxicity of concentrations in food may be summarized in Appendix I, Table 2. The vegetable oils and animal fats, types of hazardous if it comprises a large portion effects of petroleum oils have been fats, and their components and of the diet. Because there is little margin investigated extensively in many degradation products have been of safety for many of the elements to species (NAS, 1985e; IARC, 1984; evaluated in toxicology and which people are exposed daily, the Albers, 1995). Commonly reported epidemiological studies. Chemical and daily intake of many elements in the individual effects of petroleum oils physical properties of the particular diet, such as iron, could not be include impaired reproduction and animal fat or vegetable oil, the exposure increased 5 or 10 times without adverse reduced growth as well as death in situation, the biologic systems exposed, effects (Klaassen et al., 1986). plants, fish, birds, invertebrates, reptiles and the environmental conditions that b. Exposure From Oil Spills. Spills of and amphibians; blood, liver, and are present are factors that influence the petroleum and vegetable oils and animal kidney disorders in fish, birds, and toxicity of a chemical. fats during processing, storage, and mammals; malformations in fish and Acute lethality tests are among several transportation can result in acute or birds; altered respiration or heart rate in measures used to evaluate acute chronic exposures to fish and wildlife. invertebrates, fish, reptiles, and toxicity. They can be employed to rank Not only massive spills but small amphibians; altered endocrine function chemicals or to screen doses that may be quantities that are spilled repeatedly in fish and birds; altered behavior in selected for longer term toxicity testing, may result in environmental harm many animal species; hypothermia in or they can be an early step in tiered (Alexander, 1983; McKelvey et al., 1980; birds and mammals; impaired salt gland hazard assessment approaches. The use Smith and Herunter, 1989). Small function in birds, reptiles, and of different protocols and test species in volume spills can produce severe amphibians; altered photosynthesis in acute lethality tests makes comparisons environmental damage because of the plants; and increased cells in gills and between tests difficult. For example, behavior of oils in the environment, fin erosion in fish. Among the group although the Petitioners claim that the their physical effects, and the toxicity of effects of petroleum are changes in local tests conducted by Aqua indicate that some oil constituents and population and community structure in smaller amounts of petroleum oils than transformation products. Many of the plants, invertebrates and birds and certain vegetable oils and animal fats immediate, devastating effects of spilled changes in biomass of plants and kill half the population of some aquatic petroleum and vegetable oils and animal invertebrates. species; other acute lethality studies fats, such as coating, suffocation, and Petroleum oils affect nearly all aspects suggest that by one measure, vegetable other physical effects, occur during of physiology and metabolism and oils are more toxic than petroleum- acute exposures. Long-term effects have produce impacts on numerous organ derived mineral oil. In studies also been reported from spills of systems of plants and animals as well as comparing the acute lethality of corn petroleum oil, vegetable oils and animal altering local populations, community oil, cottonseed oil, and petroleum- fat. structure, and biomass (Albers, 1995; derived mineral oil in albino rats, no During an oil spill, the potential for NAS, 1985e). Impaired reproduction, rats receiving mineral oil died, while significant exposures is very high reduced growth and development, smaller doses of the vegetable oils (Hartung, 1995). Unlike laboratory malformations, behavioral effects, blood administered for a shorter time period experiments using controlled amounts and liver and kidney disorders, altered killed rats (Boyd, 1973). of oil, large amounts of oil may be endocrine function, and a host of other Vegetable oils and animal fats released during spills. While the initial effects of petroleum oils on organisms produce other types of acute toxicity as mortalities of birds and mammals have been reported. well. Like petroleum oils, vegetable oils Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations 54515 and animal fats are laxatives that can (Hui, 1996a; Berardi and Goldblatt, procedures deviate in important ways produce diarrhea or cause lipid 1980; Yannai, 1980; Mattson, 1973). from standardized methodology, pneumonia in animals. These effects Toxic effects on the heart, red blood although the Aqua report states that test can compromise the ability of animals cells, and immune system; effects on procedures are based on accepted in the wild to escape their predators metabolism; and impairment of methodologies. Appendix I, Table 3: (USDOI, 1994; Frink, 1994). Clinical reproduction and growth can be caused Comparison of Aqua Methods and signs of toxicity in rats fed large by constituents or transformation Standard Acute Aquatic Testing amounts of corn oil or cottonseed oil for products of vegetable oils and animal Methods lists key differences between 4 or 5 days include decreased appetite, fats. In addition, some constituents of the methods used by Aqua and the loss of body weight, abnormal lack of vegetable oils and animal fats cause standard methods referenced in the thirst, diarrhea, fur soiling, listlessness, cancer in rainbow trout, while lipid Aqua report as well as more recent pale skin, incoordination, cyanosis oxidation products may play a role in methods published by these same (dark blue skin color from deficient the development of cancer and organizations that were omitted from oxygenation of the blood), and atherosclerosis (Hendricks at al 1980a the Aqua report. The accuracy of the prostration, followed by respiratory and 1980b). LC50 estimates provided by Aqua is failure and central nervous system Acute Toxicity: Acute Lethality Test highly doubtful because of the following depression, hypothermic coma, and (LC50 Test) Submitted by Petitioners. deficiencies: death. Autopsies of the rats showed The tests by Aqua that were submitted • Oxygen depletion. In the first set of violent local irritation of the by the Petitioners are acute lethality Aqua tests, dissolved oxygen was below gastrointestinal tract, which allowed the tests that measure only the death of acceptable levels in the vessels with absorption of oil droplets into the organisms. These tests provide no data crude soybean oil. It is impossible to bloodstream and deposition of oil in on nonlethal acute toxicity, including determine whether oxygen depletion or tissues, resulting in inflammation, irreversible damage, or long-term effects toxicity killed fish. congestion in the blood vessels, experienced by organisms and • Short exposure period. The Aqua dehydration, degenerative changes in ecosystems. The LC50 (lethal tests were conducted for only 48 hours, the kidney, loss of organ weights, and concentration 50) value or LD50 (lethal instead of the 96 hours used in most stress reaction (Boyd, 1973). dose 50) value does not describe a methods. Fish that are alive at 48 hours Animals exposed to vegetable oils and ‘‘safe’’ level but rather a level at which may not survive for 96 hours. animal fats can manifest a range of 50% of test organisms are killed under • Unknown concentrations of test chronic toxic effects. High levels of the experimental conditions of the test material encountered by fish during the some types of fats increase growth and (Rand and Petrocelli, 1985; Klaassen et test: (1) Oil sheens floated on test obesity but cause early death in several al., 1986). (A high LC50 value indicates solutions and cloudiness was so severe species of animals and may decrease low acute lethal toxicity, for a large that fish could not be observed for 24 their reproductive ability or the survival concentration of chemical is needed to hours; (2) the Aqua report contained no of offspring (NAS/NRC, 1995). On the cause 50% mortality.) If the Aqua test data on actual chemical concentrations other hand, the growth of some fish results were accurate, they would of parent chemical or breakdown decreases with elevated levels of indicate that diesel fuel kills half the product, a critical determination in vegetable oils (Salgado, 1995; Mudge population of fathead minnows at lower static tests where concentrations change 1995, 1997a). Mortality of mussels concentrations than aerated crude over time (Rand and Petrocelli, 1985; exposed to one of four vegetable oils soybean oil, RBD soybean oil, and beef NAS, 1985c). Aqua relied instead on the began after 2 or 3 weeks of exposure. tallow. Spills of petroleum oils, original nominally designated Growth inhibition, effects on shells and vegetable oils and animal fats that result concentrations that are highly dubious, shell lining, and decreases in foot in LC50 concentrations in the especially given the turbidity of the test extension activity that are essential to environment could kill half the solutions that cleared up over the course survival were observed in mussels organisms with sensitivity similar to of the test, the likely degradation of test exposed to low levels of sunflower oil. fathead minnows when conditions are material in the aerated test system, and Dietary fat consumption has been identical to those in the Aqua tests. the use of vessels that were not stainless associated with the incidence of some Although the manner in which the steel or glass and may have adsorbed types of cancer, including mammary Aqua tests were conducted precludes test material; (3) the Aqua test did not and colon cancer, in laboratory animals accurate determination of the LC50 aerate all test solutions and controls, did and humans (Hui, 1996a; USDHHS, values, the tests nevertheless not maintain dissolved oxygen 1990; FAO/WHO, 1994). The intake of demonstrate that petroleum oils and concentration at 80% or more of the dietary fat or certain types of fat has also vegetable oils and animal fats can injure nominal concentration, and did not test been correlated with the incidence of and kill fish by toxicity or oxygen non-aerated and aerated oils together— coronary artery disease, diabetes, and depletion and suffocation. In the first set requirements of standardized methods obesity in epidemiological studies (Hui, of the Aqua tests, all of the minnows that allow gentle aeration. If vegetable 1996a; FAO/WHO, 1994; Nelson, 1990; exposed to diesel fuel and unaerated oils degrade rapidly, as Petitioners Katin at al, 1995). High dietary fat intake crude soybean oil died. The fish claim elsewhere, aeration will increase has also been linked to reduced surfaced and gulped for air or swam the degradation of the oils in the test longevity and altered reproduction in spasmodically before dying, just as they system; (4) the Aqua report provided no laboratory animals and altered do in the environment when suffocating data on oil particle size, even when immunity, altered steroid excretion, and from oxygen depletion following spills visual inspection showed that solutions effects on bone modeling and of petroleum and non-petroleum oils, of test material were cloudy and the remodeling in humans. including vegetable oils and animal fats. NAS study referenced in the report Some vegetable oils and animal fats Results Questionable. However, the cautioned against relying on visual contain toxic constituents, including test procedures used by Aqua render inspections of clarity (NAS, 1985c); and specific fatty acids and oxidation questionable the results suggesting that (5) improper data reporting and products formed by processing, heating, diesel fuel is more deadly at lower evaluation. Results from two dissimilar storage, or reactions in the environment concentrations than soybean oil. The tests were combined, although the tests 54516 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations lacked a common test substance, used environment. Static tests with juvenile Dietary fat and some classes of fats different test conditions, failed to fathead minnows indicate that oleic that are found in vegetable oils and measure actual concentrations, and acid, which is found in Canola, animal fats have been associated with included no estimates of variability safflower, and sunflower oils, is more the increased incidence of some types of between the two sets of tests. Aqua also acutely lethal at 96 hours than at 24 cancer, including mammary and colon failed to provide data on confidence hours and is intermediate in lethality in cancer, in laboratory animals and intervals and slopes, as required by all tests of a series of 26 organic humans (Hui, 1996a; USDHHS, 1990; of the standardized methods referenced compounds (USEPA, 1976; Hui, 1996a). FAO/WHO, 1994). The intake of dietary by Aqua and by the Aqua protocol. Acute Toxicity: Other Acute Lethality fat or of certain types of fat has also Relevance of Acute Lethality Tests to Tests (Tests with Laboratory Animals). been correlated with the incidence of Spills in the Environment Challenged. (See Appendix I, Table 2.) Studies coronary artery disease, diabetes, and Serious questions remain about the comparing the acute lethality of corn obesity in epidemiological studies. High relevance of the LC50 laboratory results oil, cottonseed oil, and mineral oil in dietary fat intake has also been linked to spills in the environment (NAS, albino rats show that by one measure to reduced longevity and altered 1985c, 1985e). The many test variables cottonseed oil and corn oil are more reproduction in laboratory animals and that influence estimates of LC50— toxic than petroleum-derived mineral altered immunity, altered steroid including the nature of the chemicals or oil, although interpretation of the excretion, and effects on bone modeling mixtures tested, test parameters (e.g., studies is complicated by differences in and remodeling in humans. route and method of administration, the experimental protocol (Boyd, 1973). In addition, some vegetable oils and frequency and duration of exposure, No albino rats receiving mineral oil by animal fats contain toxic constituents or mixing energy, temperature, salinity, gavage (tube into stomach) for 15 days form toxic degradation products, static vs. flow-through systems, duration died, while smaller doses of cottonseed including specific fatty acids and of observations) and biological factors oil and corn oil administered for a oxidation products, when they undergo (e.g., species selected for testing, sex, shorter time period killed rats. processing, heating, storage, or reactions age or life-stage, weight, contamination The toxic effects differed significantly in the environment. The toxic effects of history of the organism)—rarely reflect in rats receiving corn oil or cottonseed these chemicals are summarized briefly the conditions that occur following a oil and those administered mineral oil in Appendix I, Table 2 and described spill (Rand and Petrocelli, 1985; NAS, (Boyd, 1973). Clinical signs of toxicity further in section II.5.d Toxicity of 1985c; Wolfe, 1986; Abel, 1996). The in rats receiving corn oil or cottonseed Specific Fatty Acids and Other water-soluble fraction used in static oil included anorexia (decreased Constituents of Vegetable Oils and tests does not simulate the dynamic appetite), loss of body weight, abnormal Animal Fats. Among the toxic effects process of the change in stages between lack of thirst, decreased urination, observed after exposure to these aqueous and oil phases that depends on diarrhea, fur soiling, listlessness, pallor chemicals are cardiac toxicity, rupture parameters unique to each spill (NAS, (pale skin), incoordination, cyanosis of red blood cells, growth suppression, 1985c). Once oil is spilled in the (dark blue skin color from deficient anemia, impaired reproduction, and environment, the composition, oxygenation of the blood), and adverse effects on the immune system concentration, and toxicity of oil and its prostration (Boyd, 1973). Rats and metabolism. In addition, the components can be profoundly altered administered corn oil died after cyclopropene fatty acid constituents of by chemical and biological processes, respiratory failure and hypothermic cottonseed oil and some other vegetable such as evaporation and biological coma, while death followed central oils cause liver cancer in rainbow trout oxidation. nervous system depression and coma in and increase carcinogenesis of other Further, acute lethality tests by their rats ingesting cottonseed oil. Autopsies chemicals, and some oxidation products very nature usually provide no data on showed violent local irritation of the may play a role in the development of toxic effects other than death (NAS, gastrointestinal tract that allowed the colon cancer and atherosclerosis. 1985c; Rand and Petrocelli, 1985; absorption of oil droplets into the Cancer. Unlike petroleum oils that Klaassen et al., 1986). Indeed, a widely- bloodstream. Oil droplets were contain a large proportion of PAHs, used toxicology text warns that deposited in many body organs with including some PAHs that are animal ‘‘defining acute toxicity based only on resultant inflammation, vascular and/or human carcinogens, vegetable the numeric value of an LD50 is congestion, degenerative changes in the oils and animal fats contain only small dangerous’’ (Hayes, 1982). Animals that kidney, and other effects. In contrast, no amounts of PAHs (Kiritsakis, 1991; survive a toxic response nevertheless deaths occurred among rats IARC, 1984). Dietary fat intake and may suffer irreversible damage (NAS, administered mineral oil for 15 days consumption of some classes of fats that 1985e). These nonlethal, adverse effects and clinical signs differed in many are found in vegetable oils and animal must be considered in assessing the respects from those observed in rats fats have been implicated in the risks of chemical exposure. Nor do acute treated with corn or cottonseed oil. development of certain types of lethality tests measure long-term effects Chronic Toxicity. Appendix I, Table 2 cancer—including cancer of the breast or effects on ecological communities or summarizes the chronic toxicity of and colon and probably cancer of the changes in predator-prey relationships vegetable oils and animal fats and prostate and pancreas—in studies of which occur, for example, when petroleum oils. Cancer and adverse laboratory animals and in animals coated with spilled oil are effects on growth, reproduction, epidemiological studies (NAS/NRC, weakened and become more susceptible development, and longevity as well as 1985c; Hui, 1996a; USDHHS, 1990; to predators. other toxic effects have been observed in FAO/WHO, 1994). An expert panel Acute Toxicity: Other Acute Lethality several species following chronic or organized by two United Nations Tests (Aquatic Tests). (See Appendix I, subchronic exposures to vegetable oils organizations concluded that abundant Table 2, for other aquatic lethality and animal fats or their constituents. data show that animals fed high-fat diets information.) Free fatty acids are among (Subchronic exposures are longer than develop tumors of the mammary gland, the products formed from vegetable oils acute exposures, generally 1–3 months intestine, skin, and pancreas more and animal fats by processing, storage, for rodents and longer than 4 days for readily than animals fed low-fat diets, heating, or reactions in the aquatic species.) although caloric restriction can override Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations 54517 the effect (WHO/FAO, 1994). Animal (Salgado, 1995; Mudge, 1995; Mudge, sunflower oil polymerized and formed studies also indicate correlations 1997a). These four vegetable oils killed an impermeable cap, reducing oxygen between total fat intake and liver cancer mussels or reduced their growth rate as and water permeability (Mudge et al., and between high-fat diets and certain much as fivefold within 4 weeks, even 1995; Mudge, 1997a). In the types of chemically-induced or light- at low exposure rates (1 part of oil in environment, oxygen reduction would induced skin tumors. Studies describing 1000 in a flow-through sea water eventually produce anoxia in sediments the relationships between fat system). Mussels exposed to sunflower with the death and removal of benthic consumption and cancer in animals and oil were more likely to die. Exposure to organisms, changes in species from a humans have been summarized recently sunflower oil created behavioral community that is aerobic to an (Hui, 1996a). differences in the mussels, such as anaerobic community, and erosion of Development of some types of cancer decreased foot extension activity and the saltmarsh sediments (Mudge et al., is influenced by the type of fat altered gaping patterns. Interference 1994, 1995). consumed. Breast cancer increased with foot extension activity that allows Non-Carcinogenic Toxic Effects on (shortened latency period for tumor the mussels to form threads for Fish. Other studies have also shown that appearance, promotion of growth, and attachment to the substratum can exposure to an excess of fat or fatty increased mammary tumor incidence) in dislodge mussels and endanger their acids can be detrimental to fish, even rodents receiving diets rich in the survival; removal of the oil reversed the though fish and other aquatic organisms essential fatty acid linoleic acid effect (Salgado, 1995). require certain essential fatty acids for (polyunsaturated fatty acid or PUFA of All four oils killed mussels in growth and survival. Poor growth and the n-6 family) compared to rodents mortality studies in the laboratory; 10% low feed efficiency were observed in consuming diets high in saturated fatty mortality was observed in mussels rainbow trout fed 4% or more of certain acids (Hui, 1996a). In contrast, fish oil exposed to sunflower oil, rapeseed oil, polyunsaturated acids (Takeuchi and containing different fatty acids (n-3 or olive oil for up to 4 weeks, while Watanabe, 1979). High levels of dietary PUFA) inhibited mammary tumor 70% or 80% mortality was reported fatty acids reduced growth in channel development, probably by inhibiting the when mussels were exposed to linseed catfish; while saturated, effects of linoleic acid. The incidence of oil (Salgado, 1995; Mudge, 1997b). No monounsaturated, or PUFA from fish oil colon cancer is strongly associated with control mussels died. Mussels began enhanced channel catfish growth diet, especially diets high in total fat dying the second week after exposure to (Stickney and Andrews, 1971, 1972). and low in fiber content in laboratory linseed or sunflower oil, and later when Some dietary fatty acids inhibited the animals and epidemiological studies exposed to rapeseed or olive oil. Death growth of common carp, but saturated (Hui 1996a; USDHHS, 1990). Some may have been caused by suffocation in and monounsaturated acids and other types of fat, such as dietary cholesterol mussels that refused to gape in the classes of polyunsaturated fatty acids and certain long-chain fatty acids, have presence of the oil or by formation of a from fish oil enhanced carp growth been proposed as colon cancer toxic metabolite. The death of mussels (Murray et al., 1977). More recent promoters, while other types of fat (n- in aerated growth tanks where anoxia papers show the relatively efficient use 3 PUFA) may inhibit development of (lack of oxygen) was not the cause of of high levels of dietary lipid by colon cancer (Hui, 1996a). death suggests that vegetable oils kill warmwater and coldwater fishes, Non-Carcinogenic Toxic Effects. The mussels through mechanisms of provided essential fatty acid non-carcinogenic toxic effects of toxicity. requirements are met (NAS/NRC, 1981a, vegetable oils and animal fats on aquatic The shells of mussels exposed to the 1983). Increased lipid intake, however, organisms and laboratory animals are vegetable oils in the laboratory lacked has been associated with increased summarized in Appendix I, Table 2, the typical nacre lining, perhaps deposition of body fat. briefly described below and are because of altered behavior in the Non-Carcinogenic Toxic Effects on discussed in greater detail in the presence of oil stressors (Salgado, 1995; Laboratory Animals. The chronic toxic Technical Document. Mudge, 1997a). The internal shell effects of petroleum oils and vegetable Non-Carcinogenic Toxic Effects on surfaces of mussels treated with oils and animal fats on laboratory Mussels. The detrimental environmental vegetable oils were chalky in contrast to animals are summarized in Appendix I, effects of sunflower oil have been controls that exhibited an iridescent Table 2 and detailed in the investigated extensively in laboratory luster. Prolonged closure of the mussels accompanying Technical Document. studies and in the field at the site of the in response to oil can cause anoxia and High levels of dietary fat have been 1991 wreck of the cargo tanker M.V. increase the acidity of the internal water associated with shortened lifespan and Kimya, where much of its 1500-tonne with dissolution of the inner shell. altered reproduction in laboratory cargo of crude sunflower oil was spilled Sunflower oil from the wreck of the animals (NAS/NRC, 1995). While 5% over a 6–9 month period (Mudge et al., M.V. Kimya polymerized in water and dietary fat is recommended for most 1993, 1994, 1995; Mudge, 1995, 1997b; on sediments and formed hard laboratory animals, growth usually Salgado, 1992, 1995). Mussels died in ‘‘chewing gum balls’’ that washed increases significantly when animals are the intertidal shores at sites near the ashore over a wide area or sank, fed higher levels of fat. Apparently, this wreck; in other areas where mussels contaminating the sediments inhabited increased growth comes at a high cost, survived, their lipid profiles revealed an by benthic and intertidal communities however, for longevity is often reduced altered fatty acid composition reflecting near the spill (Mudge, 1995). Concrete- and reproduction may be affected the fatty acids in sunflower oil (Mudge like aggregates of sand bound together adversely in animals consuming high et al., 1995; Mudge, 1995, 1997a, 1997b; with sunflower oil remain on the shore levels of fat. Salgado, 1992, 1995). Mobile species near the site of the M.V. Kimya spill The relationship between dietary fat that left the spill area were replaced almost six years later (Mudge, 1995, intake and kidney diseases has been with other species, affecting diversity. 1997a, 1997b; Mudge et al., 1995). In demonstrated in laboratory animals Sunflower oil, olive oil, rapeseed oil, laboratory experiments with saltmarsh (Hui, 1996a). Rats, rabbits, and guinea and linseed oil produced several types sediments simulating a spill over a 35- pigs fed high cholesterol diets of adverse effects in mussels at low day period, linseed oil percolated developed kidney damage. Diets exposure rates in the laboratory rapidly through the sediments but containing 2% cholesterol increased the 54518 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations incidence or severity of coronary constituents are present during the early muscle of weanling rats after a single atherosclerosis in rats exposed stages of processing and storage of some day of consuming diets containing chronically to the cold (Sellers and vegetable oils and may enter the erucic acid; and cyclopropene acids, Baker, 1960). Histological aberrations in environment. Although the such as sterculic acid, are liver the small intestine and nearby lymph development of varieties of glandless, carcinogens in rainbow trout (Berardi, nodes have also been reported in rats gossypol-free cottonseed and new 1980; Mattson, 1973; Hendricks et al., consuming high doses of fish oil varieties of rape seed with little erucic 1984). Phytoestrogens, which occur concentrate in a subchronic toxicology acid have reduced these two naturally in some legumes and oils, study (Rabbani et al., 1997). constituents in some oils, gossypol is including soybean, fennel, coffee, and Increasing the consumption of some found in crude oils and in oils derived anise oils, exhibit estrogen-like activity dietary lipid components, such as oleic from older cottonseed varieties with in reproductive organs of laboratory acid and cholesterol, also increases the greater resistance to disease and insects animals (Hui, 1996a; Sheehan, 1995; need for other fatty acids in rats (NAS/ and high amounts of erucic acid are Levy et al., 1995). NRC, 1995). The ratios of PUFA and contained in rapeseed oil used for the When vegetable oils are spilled, air, polyunsaturated to saturated fatty acids manufacture of lubricants and fatty acid moisture and heat in the environment greatly influence tissue lipids and the derivatives (Hui, 1996a, 1996b). Toxic can cause these oils to form various formation of important compounds, materials can be formed during normal harmful oxidation products, which may such as prostaglandins. The type of fat processing procedures, heating, and be more toxic than the original product. can influence bone formation rates and storage or by reactions that occur when Releases of used oil from restaurants or fatty acid composition of cartilage in such materials are released in the releases of oil during refining may chicks (Hui, 1996a). environment. Spills of crude vegetable already contain toxic oxidation products Toxicity of Specific Fatty Acids and oils may differ greatly in their toxicity that may be further oxidized in the Other Constituents of Vegetable Oils and other effects from spills of environment. Cholesterol oxidation and Animal Fats. In addition to the processed vegetable oils and animal fats. products or COPs that are formed by adverse effects produced in humans and Figure 1: Toxicity and Adverse Effects autooxidation of cholesterol when it is other animals by high fat diets or by of Components and Transformation exposed to air, heat, photooxidation, consumption of certain classes of fats Products of Vegetable Oils and Animal and oxidative agents have numerous and oils, toxic effects can be produced Fats illustrates the variety of toxic biological activities and may play a role by constituents of some animal fats and effects that may be caused by in the development of atherosclerosis vegetable oils, including specific fatty constituents and breakdown products of (Hui, 1996a). Lipid oxidation products acids and gossypol, and their vegetable oils and animal fats. For (LOPs) that can be formed when transformation products (Hui, 1996a; example, small amounts of gossypol are unsaturated fatty acids are oxidized Berardi, 1980; Yannai, 1980; Mattson, lethal when they are ingested for upon exposure to oxygen, light, and 1973). While plant breeding and prolonged periods despite the relatively inorganic and organic catalysts have processing can reduce the levels of some high LD50 values obtained in acute been associated with colon cancer (Hui, constituents in the final product, the toxicity tests; fat accumulated in heart 1996a; Hoffmann, 1989; Lawson, 1995).
FIGURE 1. TOXICITY AND ADVERSE EFFECTS OF COMPONENTS AND TRANSFORMATION PRODUCTS OF VEGETABLE OILS AND ANIMAL FATS
Component or transformation products Type of oil Effects
Gossypol 1,2,3 ...... Cottonseed oil ...... Cardiac irregularity in several species of animals, death from circulatory failure or rupture of red blood cells and decreased oxygen-carrying capacity in blood. Discolors egg yolks in laying hens by interacting with yolk iron; effect decreased by ferrous sulfate, increased by cyclopropene fatty acids in cottonseed oil. Crosslinks proteins in several species; reduces protein quality, uncouples res- piratory-linked energy processes, reduces activity of respiratory enzymes and protein kinases and proteins involved in sterol, steroid, and fatty acid metabo- lism. High LD50 in acute tests for mice and swine, but small amounts are lethal when in- gested for prolonged period. Death from pulmonary edema in subacute poisoning; wasting and lack of assimila- tion of food with chronic poisoning. Depressed appetite, loss of body weight, diarrhea, effects on red blood cells, heart and lung congestion, degenerative changes in liver and spleen, various patholog- ical effects depending on species. Body weight depression, reduced sperm production and motility in male rats; loss of appetite, diarrhea, hair loss, anemia, hemorrhages in stomach and intestines, congestion in stomach, intestines, lungs, and kidneys of rats. Spastic paralysis of hind legs, degeneration of sciatic nerve, rapid pulse, cardiac effects in cats. Posterior incoordination, stupor, lethargy, weight loss, diarrhea, vomiting, loss of appetite, lung and heart congestion, hemorrhaging of liver, fibrosis of spleen and gallbladder in dogs. Stupor, lethargy, loss of appetite, spastic paralysis, decreased litter weights, con- gestion of large intestine, hemorrhaging in small intestines, lungs, brain, and legs in rabbits. Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations 54519
FIGURE 1. TOXICITY AND ADVERSE EFFECTS OF COMPONENTS AND TRANSFORMATION PRODUCTS OF VEGETABLE OILS AND ANIMAL FATSÐContinued
Component or transformation products Type of oil Effects
Weight loss, decreased appetite, leg weakness, reduced red blood cells, conges- tion, vacuoles in liver, enlarged gallbladder and pancreas, decreased egg size, decreased egg hatchability, discolored yolk in poultry. Thumps or labored breathing, weakness, emaciation, diarrhea, enzyme effects, hair discoloration, dilated heart, reduced hemoglobin, lipid in kidneys, widespread congestion of organs in swine. Erratic appetite, breathing difficulties, fatty degeneration of liver, decreased blood clotting, and death in young calves but no toxicity in older ruminants. No human toxicity in China, where gossypol used as male contraceptive, antifertility reversible. Erucic Acid 2,4,5 ...... Rapeseed oil, mustardseed Adverse effects on heart in laboratory animals; inflammation of heart in rat , fat oil. deposition until fat content of heart 3 to 4 times normal, fat droplets visible in heart followed by mononuclear cell infiltration and replacement of fat and drop- lets with fibrous tissue in muscle; weanling rats accumulated fat in heart muscle after only one day; fatty infiltration of heart absent with fully hydrogenated rapeseed oil, indicating effects from erucic acid; erucic acid in heart muscle in rats exposed long-term; changes in skeletal muscle in rats. Lipid accumulation in hearts of rats, hamsters, minipigs, squirrel monkeys and ducklings; fluid accumulation around heart and liver cirrhosis in ducklings. Enlarged spleen, increased cell permeability and destruction of red blood cells in guinea pigs (erucic and nervonic acids in rapeseed oil). Growth suppression in rats, pigs, chickens, turkeys, guinea pigs, hamsters, and ducklings fed rapeseed oil; suppressed body weight gain in rats fed fats plus eru- cic acid. Degenerative changes in liver and kidney, fewer and smaller offspring in rats fed high levels of rapeseed oil. Cyclopropene Fatty Cottonseed oil, kapok seed Discolors egg whites, can be removed by hydrogenation; growth suppression in Acids 2,3,4,6,7,8,9,10. oil, cocoa butter. rats; reduced comb development in roosters. Impaired female reproduction in laboratory animals and hens; depressed egg pro- duction, reversible in hens; embryomortality in hens and rats; developmental ab- normalities in rats, increased mortality in rat pups. Liver carcinogen in rainbow trout; increases carcinogenic effects of other chemi- cals; adverse effects on cholesterol and fatty acid metabolism in several species; aortic atherosclerosis in rabbits; liver damage in rabbits and rainbow trout. Oxidation Prod- Many vegetable oils and Cholesterol Oxidation Products (COPs): Numerous biological activities include ad- ucts 2,4,11,12,13,14,15. animal fats. verse effects on blood vessels, destruction of cells, mutagenicity, suppression of immune response, inhibition of certain metabolic mechanisms; may contribute to development of atherosclerosis. Lipid Oxidation Products (LOPs): Associated with colon cancer; lipid peroxides act as cancer promoters or cocarcinogens and form crosslinks between DNA and proteins; lipid peroxidation correlated with severity of atherosclerosis. Oxidative fatty acid fraction of products of thermal and oxidative changes from pro- longed heating of fats and oils in laboratory studies (may not simulate commer- cial heat treatment); severe heart lesions, distended stomach, kidney damage, hemorrhage of liver and other tissues, reduced liver enzyme activity in laboratory animals; reduced body weight gain and feed consumption, enlarged liver and kid- ney, damage to thymus and sperm reservoir, diarrhea, skin inflammation, and fur loss in weanling rats fed heated corn and peanut oil; reduced antioxidant tocoph- erol in gastrointestinal tract of chicks fed thermally oxidized PUFA; reports of for- mation of cocarcinogens during heating of corn oil and promotion of chemically- induced mammary tumors. Branched Chain Fatty Ruminant fats, dairy prod- Individuals with genetic disorder Refsum's syndrome: neurological abnormalities re- Acids3,4,16. ucts. sulting from inability to metabolize branched chain fatty acids. 1 Berardi and Goldblatt, 1980 2 Hui, 1996a 3 Hayes, 1982 4 Mattson, 1973 5 Roine et al., 1960 6 Phelps et al., 1965 7 Lee et al., 1968 8 Miller et al., 1969 9 Hendricks et al., 1980a 10 Hendricks et al., 1980b 11 Yannai, 1980 12 Boyd, 1973 13 Frankel, 1984 14 Artman, 1969 15 Andrews et al, 1960 16 Steinberg et al., 1971 54520 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations
6. Epidemiological Studies report that high dietary fat intake is exposed to small quantities of oils for Although the focus of this document related to altered immunity and altered intermittent periods of time, and their is the environmental effects of spilled steroid excretion and may affect bone exposure is via ingestion only. • Differences in chemical vegetable oils and animal fats, a brief modeling and remodeling. In many animal and human studies, composition. The composition of oils discussion of the effects of these oils on dietary fat intake has been linked to used in small quantities in processed human health is included for several cardiovascular disease and foods may differ from the composition reasons. First, the ENVIRON report atherosclerosis through its effects on the of the oils spilled in the environment, submitted by the Petitioners incorrectly levels of cholesterol and triglycerides in particularly when the oils are acted states that there are no accumulating or plasma and the lipid composition of upon by chemical and biological otherwise harmful components in lipoproteins (Hui, 1996a). A 2% rise in processes in the environment. animal fats and vegetable oils that are risk of coronary heart disease has been • Environmental factors. The effects irritating, toxic, or carcinogenic; and predicted for every 1% increase in of oil in the environment depend on a that animal fats and vegetable oils are serum cholesterol. The American Heart wide variety of factors, including pH consumed safely by wildlife and Association, American Cancer Society, and temperature. These factors are humans. The large number of human and National Cancer Institute have different from those that affect humans health studies, many with a substantial recommended lowering fat intake to consuming food oils. population size, provide a significant 30% of total consumed calories in • Effects. Effects, such as reduced egg data base for examining the effects of adults; the American Heart Association hatchability or effects on molting, long-term oral exposure to fats and also recommends limiting the intake of cannot be measured in humans. certain classes of fats or their polyunsaturated fatty acids to less than • Ecosystems. Ecosystems, food webs, components or degradation products. 10% of calories and replacing saturated and predator-prey relationships can be Second, humans may be exposed to acids with monounsaturated acids affected by oil spills; these are not spilled non-petroleum and petroleum (USDHHS, 1990; FAO/WHO, 1994; Hui factors in determining human health oils through several routes. Inhalation of 1996a). effects. harmful vapors and dusts or mists and b. Comparison of Effects From Oil • Statistical power of studies. Those aerosols is often a significant route of Spills With Human Consumption of epidemiologic studies with large human exposure to spilled petroleum Vegetable Oils and Animal Fats. The numbers of people have demonstrated oils, though it is rarely an important ENVIRON report, which was submitted possible adverse effects from exposure route of less volatile vegetable by the Petitioners, draws incorrect consumption of high levels of dietary fat oils and animal fats. comparisons between the human or types of fat. Negative studies may Third, humans and many animals consumption of vegetable oils and indicate that too few subjects were often handle chemicals by similar animal fats and the environmental included in the study or that mechanisms in the body and exhibit effects of oil spills. The effects on confounding factors obscured the effect similar toxic effects, a tenet underlying humans who consume small quantities because of statistical limitations of the the frequent use of animal tests in of vegetable oils and animal fats in their methodology. evaluations of human health risk. For foods cannot be easily translated to 7. Other Adverse Effects of Oil Spills example, certain PAHs that are human environmental effects produced by oil carcinogens also cause cancer in spills. These situations differ in many a. Aesthetic Effects: Fouling and laboratory animals and in fish and other respects. A few of the differences are Rancidity. Fouling of beaches and aquatic organisms in the environment. highlighted below: shoreline and rancid odors have been Thus, the findings of epidemiology • Differences in factors relating to the reported after spills of vegetable oils and studies are relevant to the evaluation of host organism: Sensitivity; humans may animal fats; some real-world examples mechanisms of toxicity in animals, not be the most sensitive species. are provided in section II.D.2. Rancidity particularly when the epidemiology Species differences; while similarities in is the deterioration of fats and oils in the studies are large enough to overcome metabolism and biokinetic parameters presence of oxygen (oxidative rancidity) statistical limitations that are found exist between some species, it is often or water (hydrolytic rancidity) with with smaller data sets. unclear how effects on humans can be formation of off-flavors and odors (Hui, a. Human Health. Although fat is a translated to effects on fish. Differences 1996b, 1996d; Kiritsakis, 1990). The major component of the human diet, the in susceptibility; there are no controls hydrolysis and oxidation of spilled consumption of high amounts of fat or for differences in genetics, age, life- vegetable oils and animal fats and certain types of dietary fats and oils has stage, strain, gender, health, nutritional decomposition of hydroperoxides leads been associated with several chronic status, presence of other chemicals, or to formation of aldehydes, ketones, fatty diseases (Hui, 1996a; FAO/WHO, 1994; other factors inherent to the exposed acids, hydroperoxides, and other Nelson, 1990; Katan et al., 1995). In a organisms. compounds that produce off-flavors and number of epidemiology studies, the • Differences in dose-response rancid odors. Rancidity occurs intake of dietary fat and some fat types relationships. It is unclear how dose- especially with oils that contain PUFA, (e.g., saturated fats, unsaturated fats, response relationship can be such as linoleic acid (Hui, 1996a). Fish polyunsaturated fatty acids, trans-fatty extrapolated from humans to other oils, which contain high levels of PUFA, acids, cholesterol) has been correlated species, even if such information had are especially susceptible to oxidative with the incidence of coronary artery been provided. rancidity and production of toxic disease. Dietary fat consumption has • Exposure. Exposure differs in route, byproducts and are often supplemented been associated with the incidence of frequency, and duration. Animals are with antioxidants to reduce their certain types of cancer, including exposed to large quantities of oil during oxidation. mammary and colon cancer, presumably an oil spill, and the exposure may be Unlike vegetable oils and animal fats, because dietary fat is acting as a cancer short-term or long-term. The animals rancid odors have not been reported promoter. Dietary fat intake has also may ingest the oil, or they may be following petroleum oil spills, although been linked to hypertension, diabetes, exposed through their gills or skin. off-flavors and tainting of fish have and obesity (Hui, 1996a). Other studies Humans consuming foods, however, are occurred (Crump-Wiesner, 1975; Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations 54521
Hartung, 1995). Fish collected near and organics can be minimized of fat, and essential fatty acids, however, petroleum refineries or in petroleum- (Institute, 1985). With large quantities of can cause adverse effects. polluted areas can be tainted (Lee, spilled oil and high organic loads, While low levels of certain chemicals 1977), and commercial species have however, these conditions may not be are essential for health, exposure to high been contaminated with petroleum oils controlled adequately and water levels of these chemicals produces (Michael, 1977). Thousands of treatment systems can be damaged. To toxicity. Numerous examples in the observations of floating tar balls and prevent potential damage to water scientific literature demonstrate that beach tar have been tabulated over a 4- treatment plants from oil spills, officials essentiality does not confer safety and year period in a petroleum monitoring may halt water treatment and interrupt essential elements can produce toxic project for marine pollution (NAS, water supplies, as occurred when 15 effects. Among these chemicals are 1985d). municipal drinking water intakes were vitamin A; the fatty acid a-linolenic b. Fire Hazards. While some shut down following a spill of one acid, an essential fatty acid in humans petroleum oils and products present fire million gallons of diesel fuel from a and coldwater fish; and trace metals and explosion hazards, most vegetable collapsed storage tank at the Ashland such as iron, manganese, selenium, and oils and animal fats do not, unless Oil facility in Floreffe, Pennsylvania in copper (Klaassen et al., 1986; NAS, flammable chemicals, such as hexane 1988 (USEPA, 1988). 1977a; USEPA, 1980; Rand and used during processing, are present or Petrocelli, 1985; Abernathy, 1992; Hui, temperatures are elevated. A few 8. FWS Comments 1996a; NAS/NRC 1981a). vegetable oils, such as coconut oil The FWS submitted a memorandum Further, high levels of fats and oils (copra oil) are spontaneously with the following position to the EPA alter the requirements for essential fatty combustible (Lewis, 1996). Because of in 1994. The potential for harm from acids and change the balance between their low vapor pressures, some petroleum and non-petroleum oils is certain types of lipids and fatty acids. petroleum products are highly volatile equivalent; the path to injury is For many species of fish and laboratory and flammable. In addition, most different. Edible non-petroleum oils animals, levels of essential fatty acids vegetable oils and animal fats have a cause chronic effects with the potential must be increased for the animals to high flash point (temperature at which of mortality. Both petroleum and non- tolerate high lipid levels (NAS/NRC, decomposition products can be ignited), petroleum oil impact natural resources 1983, 1995). High levels of some fatty while the flash point for many through the fouling of coats and acids (n-6 PUFA, including the essential petroleum products is below or near plumage of wildlife. Secondary effects fatty acid linoleic acid) deplete other room temperature. from fouling include drowning, fatty acids (n-3 PUFA, including the Although most vegetable oils and mortality by predation, starvation, and essential fatty acid a-linolenic acid), thereby creating nutritional deficiency. animal fats do not easily catch fire by suffocation. The removal of edible oil is themselves, once fires begin they are In addition, constituents of vegetable more difficult and strenuous for wildlife difficult to extinguish and may cause oils and animal fats also affect due to the low viscosity of vegetable oil, considerable environmental damage. requirements for essential fatty acids. which allows deeper penetration into For example, a butter and lard fire in Erucic acid, a constituent of rapeseed body plumage or fur and thorough Wisconsin that was apparently started oil, adversely affects reproduction in contamination of the wildlife. by an electric forklift resulted in the rats by interfering with the metabolism release of some 15 million pounds of Edible oils ingested in large quantities of essential fatty acids (Roine et al., melted butter that threatened nearby can cause lipid pneumonia. Edible oil 1960). aquatic resources (Wisconsin, 1991a, consumed by wildlife during preening Animals often die from starvation 1991b, 1991c; Wisconsin State Journal, or cleaning of their coats also acts as a after oil spills destroy their food supply 1991a, 1991b, 1991c, 1991d, 1991e). laxative resulting in diarrhea and by oiling food or making it unavailable. c. Effects on Water Treatment. Oils dehydration. Small amounts of edible In addition to a reduction in food and greases of animal and vegetable oil on plumage can cause thermal supply and a need to consume twice origin and those associated with circulation troubles and embryo death their normal amount of food to maintain petroleum sources have long been a in eggs exposed to oil through body temperature (Hartung, 1965; 1995), concern in wastewater control (USEPA, disruption of egg/air interface (USDOI/ oiled birds that are unable to float or fly 1979; Metcalf and Eddy, 1972). Too FWS, 1994). cannot retrieve food from the water that much oil, i.e., spills or discharges of oil C. Petitioners’ Claim: Animal Fats and usually provides their food. Bird and grease to a municipal wastewater Vegetable Oils Are Essential rescuers have described dead birds with treatment system in quantities that Components of Human and Wildlife organs were filled with oil after eating exceed the levels the treatment plant Diets oiled food or consuming oil while was designed to handle, can overwhelm preening their feathers to remove oil the water treatment plant that maintains Petitioners claim that animal fats and (Croxall, 1975; Lyall, 1991; Frink and sanitary conditions and removes water vegetable oils are essential components Miller, 1995). Thus, EPA finds that pollutants that are harmful to aquatic of human and wildlife diets. Petitioners’ arguments are non- organisms or interfere with the EPA Response: While EPA agrees that persuasive and have little relevance to recreational value of waters (Institute, some components of animal fats and the large quantities of oil released into 1985; Metcalf and Eddy, 1972). Certain vegetable oils are essential components the environment from oil spills. fatty acid products, such as quaternary of human and wildlife diets, EPA amines, may inhibit biological treatment disagrees with the Petitioners that all 1. Nutritional Requirements for Dietary and affect in-plant facilities and animal fats and vegetable oils are Fat downstream municipal sanitary sewage essential components of human and In addition to their roles in cellular treatment facilities (Hui, 1996d). wildlife diets. Most species require only structure, membrane integrity, and Under normal operations, floating oil one or two essential fatty acids. Most microsomal enzyme function, fats play can be removed before wastewater is animals need some level of fat to supply an important nutritional role by discharged to water treatment plants, energy and fat-soluble vitamins. Intake supplying energy and essential nutrients and highly variable discharges of flow of high levels of dietary fat, some types (Rechigl, 1981; Hui, 1996b; Van Soest, 54522 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations
1982). The caloric value of fats is more them (Hui, 1996a; Rechigl, 1983). Two acids (n-3 PUFA) may cause oxidative than twice that of carbohydrates or fatty acids are considered essential in stress to cell membranes through lipid proteins (Hui, 1996a). Fats are a source humans—linoleic acid and a-linolenic oxidation reactions, thereby increasing of the fat-soluble vitamins A, D, E, and acid (Hui 1996a). These essential fatty requirements for antioxidants (Hui, K and are rich in antioxidants, acids are required for fetal development 1996a). including tocopherols, such as vitamin and growth. Long-chain n-3 A balance of types of lipid and E, and carotenes such as provitamin A. polyunsaturated fatty acids, such as a- various fatty acids is needed. For They also facilitate the digestion and linolenic acid, are needed by the brain example, many species of fish and absorption of vitamins. and retina; learning disabilities and loss laboratory animals tolerate high levels The nutritional requirements for of visual acuity have been observed in of lipid if the essential fatty acid levels dietary fat vary greatly among species. A animals with low levels of these fatty are increased. (NAS/NRC, 1983, 1995). diet containing about 5% dietary fat is acids. A balance of PUFA from both the Similarly, a high level of other dietary recommended for most laboratory n-6 and n-3 families is needed to components can increase the need for animals (NAS/NRC, 1995). Growth maintain health (Hui, 1996a). certain PUFAs (n–6 PUFA) in rats, and usually increases greatly in animals fed EFA requirements differ according to alter the fatty acid balance (between n– a diet containing higher levels of fat, but species. In chickens, 1% of the EFA 6 PUFA and n–3 PUFA) (NAS/NRC, lifespans are shortened and lactation linoleic acid is required; the essentiality 1995). High levels of some fatty acids performance and reproduction of a-linolenic acid has not yet been (n–6 PUFA) deplete other fatty acids (n– adversely affected in rats fed diets with proven for poultry (NAS/NRC, 1994). 3 PUFA), thereby creating adverse 30% lipid (French et al., 1953). In Linoleic acid is an EFA for pigs; effects associated with nutritional minks, diets with 35–40% fat have been arachidonic, which is generally added deficiency. satisfactory for meeting energy to swine diets, can be synthesized from Compared to rodents consuming diets requirements, but higher levels (44– linoleic acid (NAS/NRC, 1988). Minks high in saturated fatty acids, rodents 53%) are recommended for fur require linoleic acid, and rabbits can receiving diets rich in linoleic acid— development, pregnancy and lactation develop EFA deficiency (NAS/NRC, one of the two essential fatty acids for (NAS/NRC, 1992.) Up to 44% fresh fat 1992, 1977b). Silver foxes need 2 to 3 humans—exhibited increased was used in fox diets without grams of EFA linoleic and linolenic development of breast tumors, including detrimental effects (NAS/NRC, 1992). acids daily to prevent skin problems a shortened latency period for tumor For coldwater fish, 10% to 20% lipid is and dandruff (NAS/NRC, 1992). The appearance, promotion of tumor growth, needed in diets, and higher levels of dietary EFA requirements of ruminants and increased incidence of mammary lipid alter carcass composition by are about an order of magnitude lower tumors (Hui, 1996a). Once the dietary deposition of excess lipid and reduction than those of non-ruminants (Van Soest, linoleic acid exceeded 4–5% of total of the percentage of body protein (NAS/ 1982). calories, saturated or unsaturated fats NRC, 1981a). Studies of fish and crustaceans linearly increased tumor incidence. Nutritional requirements for fats are demonstrate that EFA requirements of Dietary linoleic acid enhanced the affected by environmental influences aquatic animals vary with species and spread of mammary tumors to lungs in and the health status of the organisms. are apparently related to the ability of rats, apparently by acting as a cancer Birds must consume twice as much food the animals to convert linolenic acid promoter. Fish oil, which contains n–3 after a spill for thermal regulation (18:3w3) to highly unsaturated fatty PUFAs, inhibited mammary tumor (Hartung, 1967). In laboratory animals, acids (Kanazawa et al., 1979). While development, apparently inhibiting the the requirement for certain fatty acids some animals can synthesize necessary effects of linoleic acid. (n-6 PUFA) is increased during lactation fatty acids, others require them in their (NAS/NRC, 1995). diets. The n-3 fatty acids are essential The importance of balance in For many animals (cattle, goats, and for good health and growth in rainbow essential fatty acids is clearly seen in sheep), vitamin and energy trout, red sea bream, and turbot (NAS/ studies of coldwater fish. An optimum requirements rather than specific NRC, 1981a). For chum salmon, the level of unsaturated fatty acids is dietary requirements for fat are requirement for linoleic and linolenic required for maximum growth of enumerated (NAS/NRC 1981b; NAS/ acids is 1%, or 0.5–1% for n-3 PUFA in coldwater fish, and the requirement for NRC, 1985; NAS/NRC, 1984). Certain the diet. For coho salmon, the optimal n–3 fatty acids may be species-specific types of fat are necessary for other level of n-3 fatty acids is 1–2.5%, and (NAS/NRC, 1981a). EFA deficiency is animals. For example, sterols and the optimal level of n-3 plus n-6 fatty characterized by poor growth as well as perhaps lecithin are necessary for acids appears to be approximately 2.5%. numerous other symptoms, and the crustaceans (NAS/NRC, 1983). EFA requirements can be affected by deficiency of most symptoms can be Dietary Requirements of Wild many factors, including fat content of reversed with certain fatty acids (n–3 Animals. Unlike domestic animals that the diet and temperature. In fish, EFA PUFA); the addition of other fatty acids are fed under regimens to maximize requirements change with temperature (n–6 PUFA) to the diet reverses some their productivity, wild animals and and culture conditions (NAS/NRC, symptoms, while others are aggravated. free-ranging domestic animals may have 1983, 1981a.) In coho salmon, extremely low and different nutritional requirements for high levels of n–3 fatty acids inhibit 3. Adverse Effects of High Levels of their survival, growth, and reproduction growth; concentrations of n–6 fatty EFAs (Van Soest, 1982). Diets that promote acids above 1% also depressed growth growth and obesity may also shorten life While certain levels of fat and (NAS/NRC, 1981a). In studies of and are undesirable for wild animals. essential fatty acids are necessary, rainbow trout fed different levels of higher levels can produce adverse triglycerides containing n–3 and n–6 2. Essential Fatty Acids (EFA) effects. Although requirements for fatty acids in diets containing 10% Certain unsaturated fatty acids that linolenic acid, a n-3 polyunsaturated lipid, growth was reduced when diets must be supplied in the diet are called fatty acid, are as high as 0.5% of total were deficient in n–3 fatty acids, high essential, because humans or other caloric intake in humans, consumption in n–6 and low in n–3 fatty acids, or animals lack the enzymes to synthesize of a diet high in the same family of fatty high in both n–3 and n–6 fatty acids. Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations 54523
4. Adverse Effects of High Levels of Fats 6. FWS Comments on Essential Fatty environmentally sensitive areas and the and Oils Acids environmental damage they cause. The detrimental environmental effects The FWS commented that although Although fat intake is necessary to of several spills of vegetable oils and fats and oils are used by cells of living provide energy, vitamins, and EFA, animal fats are described below and in organisms in small amounts, too much ingestion of high levels of dietary fat can Appendix I, Table 4: Effects of Real- will cause harm to organisms through cause adverse effects in fish and aquatic World Oil Spills. These reports provide means other than toxicity. Ingestion of species, other animals, and humans. examples of the effects of some specific concentrated vegetable oil or animal fat The adverse effects of consumption of spills where death, injuries, and damage could cause indigestion, nausea, and high levels of dietary fat and certain were observed. No structured survey on diarrhea. This could incapacitate a bird classes of fat by humans and animals the effects and numbers of victims of have been discussed extensively in or mammal (USDOI/FWS, 1994). spills of vegetable oils and animal fats section II.C.3. D. Petitioners’ Claim: Animal Fats and has been conducted (Rozemeijer et al., Vegetable Oils Are Readily 1992). Because birds and other animals 5. Relevance of EFA Principles to Spills Biodegradable and Do Not Persist in the show only a ‘‘wet look’’ when they are For most animals, only one or two Environment coated with vegetable oils and animal fats, they are difficult to identify and fatty acids are essential, and these are EPA disagrees with Petitioners’ claim may never be found if they sink when not necessarily the fatty acids present in that all animal fats and vegetable oils they die or are consumed by predators an oil spill. Animals require only small are readily biodegradable and notes that (NAS, 1985e). quantities of these EFAs that are when biodegradation does occur in the provided in a normal diet, and these environment, it can lead to oxygen 1. Chemical and Biological Processes quantities must be in balance. While depletion and death of fish and other Affecting Vegetable Oils and Animal low levels of one or two fatty acids are aquatic organisms. Some products Fats in the Environment needed by some species, in several formed by biodegradation and other Vegetable oils and animal fats that are species tested, high levels of these fatty transformation processes are more toxic spilled in the environment can be acids produce adverse effects by toxicity than the original oils and fats. While transported and transformed by a wide or by creating nutrient imbalances that some animal fats and vegetable oils are variety of physical, chemical, and deplete other essential nutrients. degraded rapidly under certain biological processes that alter the After a spill, high levels of animal fats conditions, others persist in the composition of the oil, its fate in the and vegetable oils other than the EFA environment years after the oil was environment, and its toxicity. Oil that is are present in the environment. High spilled (Mudge et al., 1995; Mudge, spilled in inland waters, such as small levels of total dietary fat, certain classes 1995, 1997a, 1997b). Further, spilled rivers and streams, may be especially of fats, imbalances of types of fat, and animal fats and vegetable oils can cause harmful if there are limited oxygen some components and breakdown long-term deleterious environmental resources in the water body and little products produce adverse effects in effects even if they remain in the dispersal of the oil (NOAA/FWS, 1996). laboratory animals and in some animals environment for relatively short periods Whether the toxicity of these that have been examined in the field of time, because they destroy existing transformation products formed by and are associated with adverse effects and future food sources, reduce chemical and biological processes in humans. Further, some constituents breeding animals and plants, and increases compared to that of the of vegetable oils, such as erucic acid in contaminate eggs and nesting habitats. original oil depends on the specific oil cottonseed oil, actually interfere with Every spill is different. How long the and the products that are formed. For EFA metabolism, thereby causing vegetable oil or animal fat remains in example, lipid oxidation products that adverse effects (Roine et al., 1960). the environment after it is spilled, what are formed following exposure of fats to proportion of the oil is degraded and at oxygen, light, and inorganic and organic When food is coated with oil from a what rate, what products are formed, catalysts have been associated with spill of vegetable oils or animal fats, and where the oil and its products are colon cancer; and cholesterol oxidation animals are unable to forage or consume transported and distributed are products that are formed by the food or suffer the consequences of determined by the properties of the oil autoxidation of cholesterol exposed to ingesting large quantities of oil as they itself and those of the environment air, heat, photooxidation, and oxidation consume food. Oil-coated birds die of where the oils is spilled. Factors such as agents have numerous biological hypothermia or starvation when they pH (acidity), temperature, oxygen activities (Hui, 1996a). (See section are unable to obtain or consume twice concentration, dispersal of oil, the II.B.5.d for a discussion of the toxicity their normal amount of food to provide presence of other chemicals, soil of transformation products.) the increased metabolic requirements characteristics, nutrient quantities, and a. Chemical Processes. The fate of needed to survive oil spills. populations of various microorganisms petroleum and non-petroleum oils can Some oils, their constituents, or at the location of the spill profoundly be altered by environmental processes. transformation products remain in the influence the degradation of oil. Primary weathering processes include environment for years. By Like petroleum oils, vegetable oils spreading, evaporation, dissolution, contaminating the food source biomass, and animal fats can float on water, settle dispersion, emulsification, and reducing breeding animals and plants on sediments or shorelines, and form sedimentation (DOC/NOAA, 1992a, that provide future food sources, emulsions when there is agitation or 1994, 1996). The rate and relative contaminating nesting habitats, and prolonged exposure to heat or light importance of each of these processes reducing reproductive success through (Crump-Wiesner and Jennings, 1975; depends on the specific oil that is contamination and reduced hatchability DOC/NOAA, 1992, 1996). spilled and environmental conditions of eggs, oil spills can cause long-term Environmental processes can alter the that are present and that may change effects for years even if the oil remains chemical composition and over time. Wind transport, in the environment for relatively short environmental behavior of the spilled photochemical degradation, and periods of time. oils and influence their proximity to microbial degradation may also play 54524 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations important roles in the transformation of transformed by bacteria, yeast, fungi, of vegetable oils and animal fats. The petroleum oils, vegetable oils and and other microorganisms. Although reactions may depend on the species, animal fats. microbial degradation rarely occurs for organisms such as invertebrates, lack Different parts of the ecosystem are when there are controlled conditions enzymes that participate in certain affected as the composition of the during normal storage of animal fats and metabolic pathways found in other spilled oil changes. For example, vegetable oils, microorganisms can grow organisms. weathered petroleum oils penetrate into on vegetable oils and animal fats and c. Rancidity. Biological and chemical marsh vegetation less than fresh oil, for degrade them when environmental processes can lead to the formation of weathered oil is composed of relatively conditions are favorable (Ratledge, rancid products that cause off-flavors insoluble compounds and often forms 1994). and unpleasant odors. Rancidity results mats or tarballs (DOC/NOAA, 1994; Investigations of biological from the oxidation of unsaturated fatty Hartung, 1995; NAS, 1985e). Thus, approaches to remediating sites acids that are acted upon by peroxide weathering decreases the potential contaminated with petroleum oils have radicals or enzymes to form a variety of exposure to fish through the water shown that numerous environmental products, some of which are toxic (Hui, column while increasing the potential factors must be carefully controlled for 1996a; Yannai, 1980). Rancidity can also exposure of species that ingest tarballs. biodegradation to be effective in be produced by hydrolysis of As the lighter fractions dissolve or reducing contamination from oily triglycerides and lipolysis by evaporate, oil sinks, thereby materials in soil (Venosa et al., 1996; microorganisms or natural enzymes contaminating sediments and Salanitro et al., 1997). While (Kiritsakis, 1990). The hydrolysis and contributing to water column toxicity. bioremediation has been used for soil oxidation of spilled vegetable oils and Spilled sunflower oil is hydrolyzed and cleanup at some petroleum- animal fats leads to formation of polymerized to chewing gum balls that contaminated sites (e.g., in tests at aldehydes, ketones, fatty acids, and can be washed ashore or can sink and refineries, in treatment of oily sludges in other compounds responsible for off- cover sediments, thereby exposing oil and gas operations, and at pipeline flavors and rancid odors. The rate of benthic and intertidal marine sites for spills of crude oil), successful rancidity increases with thermal communities (Mudge, 1993). cleanup requires management of decomposition of fats (Hui, 1996a), Vegetable oils and animal fats can appropriate levels of applied waste to although enzymatic peroxidation and undergo several types of chemical soil, aeration and mixing, nutrient oxidation of unsaturated fatty acids by reactions. They can be hydrolyzed to fertilizer addition according to the ratios lipoxygenases can also occur in plant yield free fatty acids and diglycerides, of carbon: nitrogen: phosphorus present, food stuffs even during storage at low monoglycerides, or glycerol; this pH amendment, and moisture control to temperature and in the dark (Yannai, hydrolysis can be catalyzed by acids, optimize degradation by soil 1980). bases, enzymes, and other substances micoorganisms (Salanitro et al., 1997). 2. Environmental Fate and Effects of (Hui, 1996a; Lawson, 1995; Kiritsakis, The extent of biodegradation apparently Spilled Vegetable Oils and Animal Fats: 1990; Hoffmann, 1989). Vegetable oils depends upon the type of soil and crude Real-World Examples and animal fats can be oxidized to form oil involved. hydroperoxides and free radicals which The promise and the limitations of The reports in this section describe perpetuate the oxidation reaction until microbial degradation have been the spread of vegetable oils and animal they are destroyed by reacting with highlighted in numerous studies of fats after spills into the environment other chemicals, such as natural or factors influencing the microbial and detail the deleterious effects added antioxidants. The free radicals utilization of animal fats and vegetable produced by these spills. While some that initiate an autoxidation reaction are oils (Ratledge, 1994). These studies were aspects of specific spills have been formed by decomposition of conducted in experimental cultures and discussed earlier, the examples hydroperoxides, exposure to heat or cannot be applied readily to cleanups of presented below demonstrate that light, or other means. COPs are formed oil spills, where control of pH, oil factors such as the nature of the oil, its by autoxidation of cholesterol that is dispersal, and nutrient supplementation environmental fate, and proximity of the exposed to air, heat, photooxidation, are difficult to achieve. They are spill to environmentally sensitive areas and oxidative agents derived from described briefly, primarily to illustrate determine the adverse effects of spills of dietary sources and metabolism (Hui, the complexity of biotransformation vegetable oils and animal fats in the 1996a). processes, the many factors that can environment. Many spills are never Several types of reactions can occur affect biodegradation, and the difficulty reported. Animals injured or killed by during processing, cooking, or storage of in accurately reflecting conditions and oils may never be found, for they are fats and oils, including hydrogenation of determining rates of biodegradation or highly vulnerable to predators or may unsaturated fatty acids in oils other transformation processes at drown and sink (USDOI, 1994; Frink, (hardening); esterification; specific spill locations. A more detailed 1994; NAS, 1985e). Thus, the reports interesterification, including discussion of the microbial degradation that are summarized in Appendix I, transesterification; and halogenation of vegetable oils and animal fats is Table 4 and below are not a (Lawson, 1995; Hui, 1996a; Hoffmann, provided in the accompanying comprehensive study of the adverse 1989; Yannai, 1980). Thermal oxidation Technical Document. (See Technical environmental effects of spills of and polymerization during cooking, Document, Claims V and VI, Biological vegetable oils and animal fats, but rather frying, or processing operations at high Processes, Section A.) a snapshot revealing some of the temperatures, generally between 180°C Factors that affect the biodegradation deleterious effects caused by spills of oil to 250°C, can lead to conjugation (act of of oils include pH, dispersal of oil, into the environment. being joined) of polyunsaturated fatty dissolved oxygen, presence of nutrients Minnesota Soybean Oil and acids and cylization and the formation in the proper proportions, soil type, Petroleum Oil Spills. Oil from two spills of volatile decomposition products. type of oil, and the concentration of in Minnesota killed thousands of ducks b. Biological Processes. Petroleum oils undissociated fatty acids in water. In and other waterfowl and wildlife or and vegetable oils and animal fats that addition to microorganisms, other biota injured them through coating with oil. are spilled in the environment can be can also alter the chemical composition The peak of waterfowl damage occurred Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations 54525 within two days of the breakup of ice on lake bottom or settled into low areas of year period in Vancouver harbor from the Minnesota and Mississippi rivers in the river bottom near the shoreline, 1974 to 1978 (McKelvey et al., 1980). An the spring of 1963 (Minnesota, 1963; apparently because of entrapment of estimated 35 barrels of rapeseed oil USDHHS, 1963). There were two heavy materials in the oily mass. A killed an estimated 500 birds, while all sources of oil—an estimated 1 million to sample of soybean oil collected from the of the petroleum oil spills combined 1.5 million gallons of soybean oil that bottom of the lake contained sand, dirt, oiled less than 50 birds, perhaps entered the Minnesota River via the twigs, and leaves when it was analyzed because the vegetable oils lacked the Blue Earth River when storage facilities in the laboratory. strong, irritating odor of petroleum or its failed at a plant in Mankato, Minnesota; Soybean oil also mixed with sand on eye-catching iridescence. Both and an estimated 1 million gallons of the beach, creating a hard crust 3 feet petroleum and non-petroleum oils coat low viscosity cutting oil that escaped to above water level. White balls, the feathers of birds, destroying their the Minnesota River near Savage, apparently from soybean oil that was waterproofing qualities and allowing Minnesota, from a marsh that was once near the surface of a lake, moved water to penetrate to the skin with loss flooded with oil when storage facilities toward shore and broke up into long, of insulation and buoyancy, which failed. Oil spilled during the winter white stringy material that collected on results in exposure, and death (Mudge, months from mechanical failure of shore. Pools of tough, milky material 1995; Hartung, 1967; NAS, 1985e; Smith storage tanks or pipelines, moved little covered with brown scum were found in and Herunter, 1989; Rozemeijer, 1992). until the breakup of ice in the spring. low areas of the beach along with a hard Another spill of rapeseed oil (Canola) The varnish-like covering of willows on varnish-like crust on the beach. occurred in Vancouver Harbor on the river banks showed that the soybean Spill of Coconut Oil, Palm Oil, and February 26, 1989 (Smith and Herunter, oil had escaped into the river during the Edible Materials. In 1975, a cargo ship 1989). During product transfer, an spring run-off. that was carrying primarily vegetable estimated 400 gallons of rapeseed oil While the petroleum oil and soybean oils and edible raw materials (copra or spilled into the harbor. A thin film oil slicks could not be distinguished by dried coconut meat, palm oil, coconut covered large portions of the harbor, and field observation, laboratory analysis of oil, and cocoa beans) went aground on a patchy slick of yellow oil from the samples of oil and oil scraped from Fanning Atoll, Line Island and dumped spill site to the center of the harbor was ducks revealed that soybean oil caused its cargo onto a pristine coral reef visible from above. It was estimated that much of the waterfowl loss (Minnesota, (Russell and Carlson, 1978). The effects at least 700 birds were in the harbor at 1963). Approximately 5,300 birds were of the oily substances were similar to the time of the spill, including 500 affected or killed by oil, including 1369 those following a petroleum oil spill. diving ducks, 100 gulls, and 100 other live oil-soaked ducks rescued and 1842 Fish, crustaceans, and mollusks were divers. dead birds collected. They included killed. Shifts in the algal community Initially, booms were not used to lesser scaup ducks, ringnecked ducks, were observed, with excessive growth of contain the spill, and an attempt to coots and grebes, several other types of some types of green algae and the disperse the oil with multiple passes of ducks, gulls, and mergansers, and a elimination of other algal competitors. a small tug through the thick oil were cormorant. While some birds may have The effects on the algal community ineffective (Smith and Herunter, 1989). been counted more than once, the continued for about 11 months. EPA notes that the trade association numbers probably underestimate the Sunflower Oil Spill in North Wales. requested that this ineffective impact of the oil spills, because ducks When a cargo of unrefined sunflower oil mechanical dispersal be allowed as a covered with oil crawl into dense cover was spilled into the environment off the response to spills of vegetable oil and and are hard to find. coast of Anglesey, North Wales in animal fat under the FRP rule. After Mammals and other dead animals January 1991, surface slicks of the oil several hours, booms were set up to were reported, including about 26 were formed for many miles around the contain the oil and skimmer boats beaver, 177 muskrats, and 50 others, ship (Mudge et al., 1993; Salgado, 1992, recovered the oil. among them turtles, herons, kingfisher, 1995). Some oil was hydrolyzed and Cleanup was concluded 15 hours after songbirds, other birds, skunk, squirrel, polymerized to form ‘‘chewing gum the spill was discovered (Smith and dog, and cows (Minnesota, 1963). The balls’’ that were washed ashore over a Herunter, 1989). Nevertheless, 88 oiled death of 7,000 fish was attributed to wide area. The denser balls sank, birds of 14 species were recovered after causes other than oil pollution, because allowing the sunflower oil to contact a the spill, and half of them were dead. winterkill is common in shallow wide range of benthic and intertidal Oiled birds usually are not recovered for backwater areas of the river and a BOD communities near the spill. Sunflower 3 days after a spill, when they become study indicated that the sample oil polymerized in seawater and formed weakened enough to be captured. Of the analyzed would not have sufficient lumps that could not be degraded by survivors, half died during treatment. oxygen demand to significantly affect bacteria. The authors caution that because oxygen resources in the river. Bottom Mussels that were near the spill died. vegetable oils are edible, they may not fauna used as fish food may have been Polymerized sunflower oil formed a cap be considered as threatening to aquatic affected temporarily in localized areas. that reduced the permeability of birds as petroleum oils. However, the The character of the soybean oil on sediments to water and oxygen and end result is the same. Birds die (Smith and in the water changed with time, as killed organisms living on the sediments and Herunter, 1989). The number of thick orange-colored slicks that were (Mudge et al., 1993, 1995, Mudge, 1995). casualties from the rapeseed oil spills first observed changed to pliable greyish Polymerization of sunflower oil that was probably higher than the number of and somewhat rubbery floating masses washed ashore produced concrete-like birds recovered, because heavily oiled that were stringy or somewhat rounded aggregates that still persist nearly 6 birds sink and dying or dead birds are and were sometimes surrounded by a years after the spill (Mudge, 1997a, captured quickly by raptors and light oil slick (Minnesota, 1963). 1997b). scavengers. Limited areas of the bottom were Rapeseed Oil Spills in Vancouver Smith and Herunter emphasize that covered. Harbor. Three small spills of rapeseed containing and recovering the spilled oil Oil that normally floated on the oil caused greater losses of birds than as soon as possible is critical to surface of the river tended to sink to the 176 spills of petroleum oils over a 5- minimizing environmental damage 54526 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations
(1989). Using booms, testing transfer Razorbills, washed ashore in the environmental disaster and limiting the lines, having spill detection equipment Netherlands during a four-month period losses and injuries from the fire in place, training on-site personnel, and from December 1988 to March 1989 (Wisconsin, 1991; Wisconsin State reporting spills immediately are (Zoun, 1991). They were covered with Journal, 1991a, 1991b, 1991c, 1991d, essential to reducing environmental an oil-like substance. Nearly all of the 1991e). If the buttery material had harm. 1,500 sick birds that were taken to bird flowed through storm sewers into the Fat and Oil Pollution in New York hospitals died; many exhibited creek and lake, it could have depleted State Waters. Pollution of surface waters emaciation, aggressive behavior, bloody the available oxygen required by by oils and fats from a wide variety of stools, and leaky plumage. Autopsies walleyed pike, bass, and other aquatic sources killed waterfowl, coated boats and pathological examination of 30 organisms living in the creek and and beaches, tainted fish, and created birds revealed hepatic degeneration and connecting lake and ruined a recent one taste and odor problems in water necrosis as well as aspergilliosis in the million dollar cleanup effort in the treatment plants in New York State air sacs and lungs. Chemical analysis of watershed. (Crump-Wiesner and Jennings, 1975). the feathers and organs showed the After the cleanup was largely Sources of the fats and oils included presence of high levels of nonylphenol completed, the Wisconsin Department spills, food and soap manufacturing, and vegetable oils, such as palm oil. No of Natural Resources declared as refinery wastes, construction activities, source of the contaminants was hazardous substances the thousands of industrial waste discharges, and established, but they may have been gallons of melted butter that ran offsite sanitary sewage. Grease-like substances discharged from a ship. and the mountain of damaged and were seen along the shore or floating in Soybean Oil Spills in Georgia From a charred meat products spoiling in the Lake Ontario. Grease-balls that Tanker Truck and a Vegetable Oil hot sun and creating objectionable contaminated the shoreline near Refinery. Aesthetic effects were a major odors. The Wisconsin DNR stated that Rochester and smelled like fat or lard concern to property owners on an oiled these products posed an imminent were analyzed and characterized as cove at Lake Lanier, Georgia (Rigger, threat to human health and the mixtures of animal and vegetable fats 1997). The strong, unpleasant odor of environment. with similar fatty acid contents. soybean oil spilled from a tanker truck 3. FWS Comments on Degradation Spills of Fish Oil Mixtures in South became more rancid as the oil Africa. Oil that was discharged from a weathered. Rapid response action Vegetable oils and animal fats may fish factory effluent pipe near Bird minimized the damage and costs, biodegrade quicker than petroleum; Island, Lamberts Bay, South Africa, the although the oil adhered to boat dock however, in the short term, this breeding ground for 5,000 pairs of Cape floats and boats and produced several advantage is neutralized by the ability of Gannets and home to tens of thousands thousand dollars in claims for cleaning many petroleum compounds to of Cape Cormorants and 500 Jackass boats and docks and replacing dock evaporate quickly. In addition, the Penguins, killed at least 709 Cape floats. higher BOD of vegetable oils and animal Gannets, 5,000 Cape Cormorants, and In a vegetable oil refinery in Macon, fats pose an increased risk of oxygen 108 Jackass Penguins (Percy Fitzpatrick Georgia, soybean oil was released from depletion in shallow waters and Institute, 1974). A few days after the an aboveground storage tank that was wetlands. Both kinds of oil will degrade oiling incident, researchers found accidentally overfilled (Rigger, 1997). more slowly in low-energy waters and penguins covered with a sticky, white, Rapid response prevented significant can become submerged in an anoxic foul-smelling coat of oil. They were damage from the spilled oil, which had aquatic habitat, settle to the bottom and shivering on the shore and gannet flowed through a storm water system into sediments, or form thick layers chicks, who were observed walking and entered a stream. Investigation of because the vegetable oil is no longer straight into the oil, were dead or dying. the spill incident revealed that previous being exposed to oxygenated waters or They observed a milky white sea on one spills from the facility had entered the surroundings. In such instances, the side of the island and a frothy mixture sanitary sewer system and damaged the edible oil or fat will remain in the and clots of oil thrown up on the island. sewage treatment plant. environment for a long period of time The oil smelled strongly of fish. Wisconsin Butter Fire and Spill. In and continue to create a risk to the Damage from fish-oil pollution was 1991, a major butter and grease fire natural environment. The variability of detailed at two other fish factories in apparently triggered by an electric circumstances surrounding each spill South Africa (Newman and Pollock, forklift destroyed two large refrigerated (location, spill volume, weather, tides, 1973). In the rock lobster sanctuary at warehouses at Central Storage facility in water currents, effectiveness of spill St. Helena Bay, 10,000 rock lobsters and Madison, Wisconsin and resulted in the response) will have a greater influence thousands of sea urchins were killed, release of large volumes of butter, lard, in the short term on environmental probably from oxygen depletion caused cheese, meat, and other food products effects than will biodegradability. by the release of organic material from (Wisconsin, 1991a, 1991b, 1991c; (USDOI/FWS, 1994) the fish factory. At least 100,000 clams Wisconsin State Journal, 1991a, 1991b, died near a fish factory at Saldanha Bay 1991c, 1991d, 1991e). The warehouses E. Petitioners’ Claim: Vegetable Oils and along with large numbers of black contained 15 million pounds of butter— Animal Fats Have a High BOD, Which mussels and prawns and some much of it part of the USDA surplus Could Result in Oxygen Deprivation polychetes and anemones. Other effects program. Thick, black smoke filled the Where There Is a Large Spill in a were also described by the authors: the air, and melted butter and lard streamed Confined Body of Water sea was discolored and smelled, water from the burning building and Petitioners claim that vegetable oils quality was poor, and the aesthetic threatened to pollute a nearby creek and and animal fats have a high BOD, which appeal of the beaches located near a lake. could result in oxygen deprivation town and popular camping site was The quick action of firefighters, city where there is a large spill in a confined adversely affected. engineers, and other responders was body of water with low flow and Spill of Nonylphenol and Vegetable credited by the company and state dilution. Oils in the Netherlands. Thousands of environmental officials with saving a EPA Response: EPA agrees with the seabirds, mostly Guillemots and nearby creek and lake from Petitioners’ claim that vegetable oils and Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations 54527 animal fats have a high BOD, which foul wildlife but disagrees with the lack III. Petitioners’ Suggested Language To could lead to oxygen depletion and of significance accorded this potentially Amend the July 1, 1994, Facility severe environmental consequences. devastating effect in Petitioners’ Response Plan Rule (For a detailed discussion of this topic, ENVIRON report. Many animals and This section begins with a short see section II.B.4.a.Suffocation.) EPA plants die when they are coated with discussion about EPA’s inland area of disagrees, however, that oxygen spilled petroleum oils or vegetable oils jurisdiction and also provides some depletion would occur only with large and animal fats. (See section II.B.4.a. characterization of the amounts of oil spills. Small spills are sufficient to Coating with Oil for a discussion of vegetable oil and animal fats produced cause oxygen depletion and suffocation these effects.) Coating with oil can or consumed, and reported spills. These and death of fish and other biota, contaminate existing and future food discussions are followed by EPA’s depending on the conditions that apply sources, destroy habitat, and damage response to the Petitioners’ specific at the location of the spill. Oxygen eggs and nesting areas, thereby inflicting regulatory language to amend the July 1, depletion can result from reduced environmental damage years after an oil 1994, facility response plan rule. oxygen exchange across the air-water spill occurs (Frink and Miller, 1995). surface below the spilled oil or from the A. Background high BOD by microorganisms degrading Trustees Comments on Fouling. The biggest oversight of the ENVIRON Examples of water systems that occur oil (Crump-Wiesner and Jennings, 1975; in the inland area within EPA’s zone of Mudge, 1995). Examples of report, which was never subject to peer review as are journal publications, is the authority are major freshwater rivers, environmental damage produced by smaller streams, creeks, lakes and small spills of vegetable oils and animal insignificance given to the fouling potential of vegetable oils and animal wetlands or mixed freshwater— fats are provided above. saltwater estuary and wetlands areas While a higher BOD is associated with fats (USDOI/FWS, 1994). Wildlife subject to tides. (See a Memorandum of greater biodegradability, it also reflects rehabilitators consider edible oils and Understanding [MOU] between the the increased likelihood of oxygen fats to be some of the most difficult of Secretary of Transportation and the EPA depletion and potential suffocation of substances to remove from wildlife Administrator dated November 24, 1971 aquatic organisms under certain because of their low viscosity. These environmental conditions (Crump- less viscous oils are good wetting [36 FR 24080].) Many of these areas, Wiesner and Jennings, 1975). Oxygen agents, allowing deeper penetration into including wetlands and estuary areas, depletion and suffocation are produced plumage or fur and creating a are often very sensitive, highly by petroleum and vegetable oils and thoroughly contaminated animal, as productive areas where a large number animal fats. Under certain conditions, opposed to surface and intermediate of organisms such as shrimp, crabs, fish, however, some vegetable oils and penetration. In many instances, and water fowl nest, breed and feed. animal fats present a far greater risk to complete removal can only be Lakes and larger rivers may be used as aquatic organisms than other oils spilled accomplished with extremely hot water, water supplies and have drinking water in the environment, as indicated by which is detrimental because of and industrial intakes that must be their greater BOD. scalding, and excessive washing. protected. Inland spills have a much higher potential to contaminate both According to studies designed to The FWS takes issue with statements measure the degradation of fats in ground and surface water supplies. in the ENVIRON report that observed Some lakes, estuaries and bays are often wastewater, some food oils exhibit birds clean themselves and return to nearly twice the BOD of fuel oil and highly developed with industry, feeding areas (USDOI/FWS, 1994). Such recreational beaches, marinas and other several times the BOD of other observations are difficult to confirm petroleum-based oils (Groenewold, highly visible areas that need protection without banding or radio tagging the from oil spills. 1982; Institute, 1985; Crump-Wiesner birds and closely observing them. It is and Jennings, 1975). While the higher Vegetable oil and animal fat were highly doubtful that the birds were able among the most frequently spilled BOD of food oils is associated with to clean themselves, for only minuscule greater biodegradability by organic materials, ranking sixth and amounts of oil can be completely seventh respectively, and were microorganisms using oxygen, it also preened from plumage. Even birds reflects the increased likelihood of responsible for over 6% of all spills (384 fouled with petroleum oils will preen of 6076 spills) of organic materials oxygen depletion and suffocation of and fly back to their nests. Small aquatic organisms under certain reported along the coasts and major amounts of oil on the birds’ plumage waterways in the United States in 1973– environmental conditions (Groenewold, can cause thermal circulation trouble 1982; Institute, 1985; Crump-Wiesner, 1979 (Wolfe, 1986). Other authors and smother embryos in eggs exposed to estimate that at least 5% of all spill 1975). Oil creates the greatest demand the oil. Birds may appear to act on the dissolved oxygen concentration notifications are for vegetable oils and normally, but it is not the immediate animal fats (Crump-Wiesner, 1975). Of in smaller water bodies, depending on effects of the oils but those that appear the extent of mixing (Crump-Wiesner the 18,000 to 24,000 spills in the United later that cause problems. Secondary States reported annually to the National and Jennings, 1975). effects from fouling include drowning, FWS Comments on BOD. Response Center and EPA Regions, 2– mortality by predation, starvation, and Decomposition of vegetable oils and 12% are from non-petroleum oils, suffocation. animal fats causes oxygen depletion including vegetable oils and animal fats problems for aquatic species (USDOI/ Both petroleum and non-petroleum (USEPA/ERNS, 1995, 1996). These FWS, 1994). oils foul the coats and plumage of figures represent the minimum number wildlife (USDOI/FWS, 1994). The risks of spills; it is likely that they greatly F. Petitioners’ Claim: Vegetable Oils and from vegetable oils and animal fats are underestimate the actual number of Animal Fats Can Coat Aquatic Biota magnified by their lack of repugnant spills because of significant and Foul Wildlife smell or iridescence to frighten wildlife underreporting. A comparison was EPA Response: EPA agrees with the away, making it more likely that made of reports of spills in Ohio of Petitioners’ claim that vegetable oils and wildlife will come in contact with these vegetable oil and soybean oil from animal fats can coat aquatic biota and oils. January, 1984 to June, 1993 to the State 54528 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations of Ohio Environmental Protection from animal oils not specifically is whether the measures used in Agency (Ohio EPA) and to the National identified elsewhere.’’ Id. The Agency response to the spill will cause Response Center (NRC). Only 7 of 27 defined ‘‘vegetable oil’’ to mean ‘‘a non- unacceptable damage to a specific type reports (26%) to the Ohio EPA were also petroleum oil or fat derived from plant of environment. This determination is reported to the NRC (USEPA, 1994a). seed, nuts, kernels or fruits not based on the conditions existing at the There were a number of reports of specifically identified elsewhere.’’ Id. time of the spill. Specific spill vegetable and soybean oil spills to the The Agency stands behind these conditions will often dictate the need NRC that were not on the State list definitions, and because EPA is not for different techniques for the same (USEPA, 1994a). modifying the FRP rule as requested by water environment or shoreline habitat. Petitioners (see below), the Agency sees A study, which evaluated the relative B. Regulatory Language Changes no need to include these definitions in impact of various generic characteristics Proposed by the Petitioners the rule provisions. of response techniques in the absence of Language to further clarify the Petitioners express a concern that oil, rated booming and skimming as definition of vegetable oil and animal animal fats and vegetable oils have been having a ‘‘Low’’ impact in open water, fats. EPA Response: EPA has decided included with other types of ‘‘non- small lakes/ponds, large rivers and not to incorporate Petitioners’ proposed petroleum oils,’’ although the planning small rivers and streams (DOC/NOAA, definitions of ‘‘animal fat and vegetable requirements for owners and operators 1992) and therefore, causing little oils’’ in the regulatory provisions of of all facilities storing ‘‘non-petroleum’’ environmental harm. section 112.2. In issuing the final FRP oils are more flexible than those Mechanical dispersal of the vegetable rule, EPA included a definition of ‘‘non- requirements for facilities storing, oil or animal fat into the water column petroleum oil’’ in an Appendix to the handling, or transporting petroleum oil. could shut down or negatively impact rule. (See 40 CFR part 112, Appendix E, Petitioners’ main concern appears to be drinking intakes due to flavor changes section 1.2.3.) ‘‘Non-petroleum oil’’ is premised upon the claim that vegetable and odors, reduce cooling efficiency in defined to mean ‘‘oil of any kind that is oils and animal fats are ‘‘non-toxic’’ cooling waters of power plants, not petroleum-based. It includes, but is compared to other non-petroleum oils. contaminate food from receiving waters, not limited to, animal and vegetable EPA believes that Petitioners have failed increase BOD levels, violate water oils.’’ Id. to make a demonstration that animal quality standards, cause sludges, and EPA included this definition of ‘‘non- fats and vegetable oils should be subject adversely impact benthic organisms and petroleum oil’’ in the rule because the to less stringent planning requirements the resulting food chain in inland areas. Agency established different and more than other types of non-petroleum oils. Oil dispersed by mechanical means may flexible response planning requirements This is so for all of the reasons set forth resurface and cause further for facilities that handle, store, or elsewhere in this notice. environmental damage in the same area transport non-petroleum oil, including Allow mechanical dispersal and ‘‘no or a different area depending on the animal fats and vegetable oils. For action’’ options to be considered in lieu characteristics of the water body. (See example, in calculating required of oil containment and recovery devices section II.D.2, Rapeseed Oil Spills in response resources for non-petroleum specified for response to a worst case Vancouver Harbor on the ineffective use facilities, the owner/operator of such a discharge of vegetable oil and animal of mechanical dispersal.) This Notice facility, including those facilities which fats. EPA Response: The Agency references studies that document spills handle, store, or transport animal fats or declines this proposed language. of vegetable oils that have remained in vegetable oils, is not required to use Although the ‘‘no action’’ and the water environment for several years emulsification or evaporation factors in mechanical dispersal options proposed and that continued to kill shellfish and Appendix E of the rule. Rather, these by the Petitioners may be considered in other organisms. facilities need only: (1) Show response to an actual spill under certain Limit the use of containment boom to procedures and strategies for responding conditions, i.e., river currents too high the protection of fish and wildlife and to the maximum extent practicable to a for the effective use of a boom, neither sensitive environments: EPA’s worst case discharge; (2) show sources option would meet the intent of OPA for Response. Based on tests and studies of equipment and supplies necessary to planning purposes. The intent of OPA summarized in the data in this Decision locate, recover, and mitigate discharges; was for industry to plan for and secure Document and the Technical Document, (3) demonstrate that the equipment the equipment and resources needed to vegetable oils and animal fats clearly identified will work in the conditions respond to a worst case discharge, have adverse impacts on the aquatic and expected in the relevant geographic which may be a discharge of 1 million terrestrial environment and its area, and respond within the required gallons or greater for a large vegetable inhabitants. EPA declines to modify the times; and (4) ensure the availability of oil facility. FRP rule as suggested by the Petitioners. required resources by contract or other A ‘‘no action’’ plan would allow a EPA continues to believe that an OPA approved means. 40 CFR Part 112, large amount of oil to remain in the required FRP must limit the impacts of Appendix E, section 7.7. Importantly, environment, which would in turn the oil through response techniques that EPA does not prescribe the type or cause immediate physical effects to include containment and removal in amount of equipment that preparers of resources that could extend for addition to protection of priority fish response plans for non-petroleum oil considerable distances as the oil and wildlife and environmentally discharges must identify. Id. spreads. This oil would have the sensitive areas. Moreover, at the time of issuing the potential to remain in the environment The Area Contingency Plan (ACP) final rule, EPA also set forth definitions for long periods of time. identifies and prioritizes the fish and for both ‘‘animal fat’’ and ‘‘vegetable One issue raised by the Petitioners is wildlife and environmentally sensitive oil’’ in the preamble to the FRP rule (59 that the response to a spill of vegetable areas to be protected and also FR 34070, 34088 (July 1, 1994)). To oil or animal fat may do more harm to determines the type of protection to be assist owners and operators in the environment than a ‘‘no action’’ used when a spill occurs. CWA section distinguishing between oil types, EPA alternative. A consideration in the 311(j)(5)(C)(I) requires that a FRP must defined ‘‘animal fat’’ to mean ‘‘a non- response to any type of oil, including be consistent with the applicable ACP, petroleum oil, fat, or grease derived petroleum or vegetable oil or animal fat, which usually requires that a Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations 54529 containment boom be positioned to sensitive areas, but also damage the since booms would not be made protect drinking water intakes and aquatic and terrestrial environment. available for their protection until much environmentally sensitive areas. Such a discharge could also present later. Rapid response is imperative to In addition, facility response planning risks to humans if the vegetable oil and limit adverse effects, protect resources, must also include the use of measures animal fats adversely affect drinking and contain oil for removal. appropriate to the body of water to water intakes. Extending the time for arrival of contain and limit and concentrate the Increase the time for the arrival of on- response resources would increase the spread of oil for removal. The spreading scene response resources for medium FRP distance calculation for a facility rate of oil is a function of its viscosity. discharges and worst case Tier 1 and could result in additional vegetable Low viscosity materials spread easily response resources to 24 hours plus oil and animal fat facilities meeting the over the surface of water. At lower travel time from the currently required criteria for substantial harm and having temperature, the oil spreads less 12 hours including travel arrival time: to prepare and submit a facility rapidly. Generally, vegetable oils and EPA’s Response. A rapid response to an response plan to EPA. The requirements petroleum oils are of low viscosity. The oil spill is important in the recovery of for determination of substantial harm in spread of spilled oil over a large area as much oil product as possible. Any oil the FRP rule for facilities with 1 million will hamper recovery of the oil. The that remains in the environment will gallons or above capacity includes a thicker the concentration of animal fat continue to adversely impact the aquatic calculation in Appendix C–III of 40 CFR or vegetable and petroleum oil in an and shoreline environment and cause Part 112 of the distance an oil discharge area, the greater the efficiency for oil lasting damage. (This document from the facility would travel within the removal. As the oil spreads over time contains discussions of environmental, time it would take for the appropriate into thinner slicks, its removal becomes physical and other impacts that occur tier of response resources to arrive. less efficient and more costly. In tidally when vegetable oil and animal fats are Once the distance is calculated, the influenced areas, oil may move back spilled.) A 24 hour plus travel time facility must determine whether fish and forth with each tide and be delay in the arrival of response and wildlife and environmentally redeposited on the shore line, tidal flats, resources would result in an sensitive areas or drinking water intakes and marshes and cause adverse effects. unacceptable increase in impacts to are located within this distance. If so, Since vegetable oils and animal fats drinking water intakes, fish and wildlife the facility is considered a substantial usually have few volatile fractions and and sensitive environments, greater harm facility and must prepare and therefore usually do not decrease in response costs, less product recovered, submit a response plan. An additional volume through evaporation as do many and increased water and other types of twelve hours plus travel response time of the lighter factions of petroleum oils, pollution. would more than double the distance a most of the quantity of vegetable oil and A delay in the arrival of response spill could travel on water before the animal fats spilled into water remain in resources will increase the difficulty of arrival of response resources and the environment. When this happens, the removal of the spilled oil and will therefore potentially increase impacts to there is the potential for adverse also result in an increase in the cost to drinking water intakes and impacts to environmentally sensitive recover this oil. If effective containment environmentally sensitive areas and areas and water intakes. Although most and cleanup procedures are initiated increase the number of vegetable oil and vegetable oils and animal fats break within an hour of a spill occurrence, animal fat facilities that have to prepare down more quickly than some estimated removal costs are $250 per and submit FRPs. For the above reasons, petroleum oils, under certain conditions barrel (42 gallons). If two or more hours EPA declines to modify the FRP rule in and times of the year, these oils may elapse before the oil is removed, the cost this manner. remain in the aquatic environment for can be four or more times that amount long periods of time, polarize and form and continue to increase with the time IV. Conclusions toxic degradation products and kill to respond to the release (USEPA, 1995). The environmental effects of shellfish and other organisms. The ‘‘window of opportunity’’ for the petroleum and non-petroleum oils, If a facility storing animal fat and/or most effective and efficient response to including vegetable oils and animal fats, vegetable oil does not provide for the oil spills occurs within the early hours are similar because of physical and use of containment booms in its plan to after the spill. chemical properties common to both. respond to a worst case discharge, it Immediate action is required when oil Many of the most devastating effects of will not have the equipment and trained spills occur on water to prevent the oil spills of petroleum oils and vegetable personnel available for an actual spill from becoming so widely spread that oils and animal fats are physical effects, and many miles of shoreline and aquatic containment and cleanup become such as coating of animals, suffocation, resources over a large area of water may extremely expensive and a larger area of or starvation. Some tests measuring be impacted. Rapid and immediate fish and wildlife and environmentally BOD suggest that certain vegetable oils response and removal, including the use sensitive areas are adversely affected. and animal fats may present a greater of containment booms, offer the most There are immediate physical effects to environmental risk of suffocation to effective means of minimizing the the environment from releases of organisms than spilled petroleum oils immediate and long term effects of vegetable oil and animal fat. There is the under certain conditions. Petroleum oils spills of petroleum and non-petroleum potential for additional sensitive areas and vegetable oils and animal fats can oils, including vegetable oils and animal to be contaminated within the 24 hours be transferred to the eggs of nesting fats. EPA does not believe that the plus travel time proposed by the birds from the parents’ feathers and Petitioners have shown why the use of Petitioners for the arrival of response smother the embryos inside. Embryos in containment booms should be limited to resources. This is 12 hours plus travel eggs are also killed by petroleum oils only protecting fish and wildlife and time longer than the FRP requirement through mechanisms of toxicity; environmental sensitive areas. Without for rivers, canals, inland, and near shore whether non-petroleum oils also cause the use of containment booms, a worst areas. Sensitive areas within many direct embryotoxicity has not been case discharge of vegetable oil or animal additional miles would be affected with evaluated in tests. fats could cause harm not only to fish the delay in the arrival of response Petroleum oils and vegetable oils and and wildlife and environmentally resources proposed by the Petitioners animal fats, can enter all parts of the 54530 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations aquatic environment and adjacent most effective and least harmful to the IARC—International Agency for Research on shoreline. They can form a layer on environment must be made case-by- Cancer water, settle on the bottom in sediments, case, considering the nature of the oil, Institute—Institute of Shortening and Edible foul shorelines, and be transported and the characteristics of the contaminated Oils, Inc. LC50—Lethal Concentration 50 distributed to other areas. area, and the proximity of the spill to LD50—Lethal Dose 50 Some vegetable oils and animal fats, environmentally sensitive areas. LOPs—Lipid Oxidation Products their components, or breakdown Once oil is spilled in the MOU—Memorandum of Understanding products remain in the environment for environment, however, the NAS—National Academy of Sciences years. Whether or not the oil persists in opportunities for reducing NOAA—National Oceanic and Atmospheric the environment, spilled oil can have environmental damage and other Administration long-lasting deleterious environmental adverse effects are limited. Although NRC—Nuclear Regulatory Commission effects. By contaminating food sources, methods for rescuing and cleaning oil- NRC—National Response Center reducing breeding animals and plants contaminated birds, otters, and other OPA—Oil Pollution Act that provide future food, contaminating PAHs—Polynuclear Aromatic Hydrocarbons wildlife have improved, only a small PCBs—Polychlorinated Biphenyls nesting habitats, and reducing proportion of affected animals are PUFA—Polyunsaturated Fatty Acid (n-6 reproductive success through recovered, and even fewer of the PUFA, including essential fatty acid contamination and reduced hatchability rescued animals survive. Further, by linoleic acid; n-3 PUFA, including the of eggs, oil spills can cause long-term affecting current and future food essential fatty acid, a-linolenic acid) effects years later even if the oil remains sources, nesting habitats, and RCRA—Resource Conservation and Recovery in the environment for relatively short reproduction, oil spills can damage the Act periods of time. environment long after the spilled oil RSPA—Research and Special Projects Administration In addition to physical effects and the has been removed from the destruction of food and habitat, SPCC—Spill Prevention Countermeasure and environment. Prevention measures and Control petroleum oils and vegetable oils and rapid response offer the only effective USDA—United States Department of animal fats, their constituents, or means of minimizing the immediate, Agriculture degradation products can cause short- devastating effects and long-term USDHHS—United States Department of term and long-term toxic effects in some environmental effects of spills of Health and Human Services animals. Petroleum oils contain PAHs petroleum and non-petroleum oils, USDOC—United States Department of and benzene which are animal and including vegetable oils and animal fats. Commerce human carcinogens. While vegetable In summary, EPA finds that USDOI—United States Department of Interior oils and animal fats contain only small USEPA—United States Environmental Petitioners’ arguments about the manner Protection Agency quantities of PAHs, high dietary intake in which environmental species die or of fats and certain types of fats have become injured following spills of Bibliography been associated with increased cancer vegetable oils and animal fats, their Abel, P.D. (1996). Water Pollution Biology. incidence in laboratory animals and claims about degradation of oil in the Taylor and Francis, London, United humans as well as coronary artery environment, and their assertion that Kingdom, 113–163. disease, diabetes, obesity, and altered fats are essential to humans and wildlife Abernathy, Charles O., Robert Cantilli, immunity and other effects. Lethality, in no way obviate the need to prevent Julie T. Du, and Orville A. Levander. (1992). impaired growth, reproductive effects, spills of vegetable oils and animal fats Essentiality Versus Toxicity: Some and behavioral effects are among the that can cause lasting environmental Considerations in the Risk Assessment of Essential Trace Elements. In: J. Saxena, subchronic and chronic toxic effects damage. Nor do the Petitioners’ claims observed in other studies of vegetable editor, Hazard Assessment of Chemicals. obviate the need to reduce Hemisphere Publishing Corp., New York, oils and animal fats. environmental damage from these spills Spills of petroleum and vegetable oils NY, Volume 8. by planning in advance for effective and animal fats can affect drinking Albers, P.H. (1977). Effects of External response resources and actions. EPA Applications of Fuel Oil on Hatchability of water supplies, and they have forced the hereby declines to modify the July 1, Mallard Eggs In: D.A. Wolfe, editor, Fate and closing of water treatment systems. 1994, Final Rule. Effects of Petroleum Hydrocarbons in Marine Rancid smells, fouling of beaches, and Organisms and Ecosystems. Pergamon Press, destruction of recreational areas have Dated: October 1, 1997. Oxford, pp. 158–163. been reported after spills of vegetable Timothy Fields, Jr., Albers, P.H. (1995). Oil, Biological oils and animal fats. Acting Assistant Administrator, Office of Communities and Contingency Planning In: Small spills of petroleum and Solid Waste and Emergency Response. L. Frink, K. Ball-Weir, and C. Smith, Editors. Wildlife and Oil Planning. Response, vegetable oils and animal fats can cause Acronym List significant environmental damage. Real- Research, and Contingency Planning. Tri- ACP—Area Contingency Plan State Bird Rescue and Research, Newark, world examples of oil spills Delaware, pp. 1–9. demonstrate that spills of petroleum oils BOD—Biological Oxygen Demand CFR—Code of Federal Regulations Alexander, Maurice M. (1983). Oil, Fish and vegetable oils and animal fats do COPs—Cholesterol Oxidation Products and Wildlife and Wetlands: A Review. occur and produce deleterious CWA—Clean Water Act Northeastern Environmental Science 2 (1): environmental effects. In some cases, DNA—Deoxyribonucleic Acid 13–24. small spills of vegetable oils can DNR—Department of Natural Resources Allen, A. and W.G. Nelson. (1983). Canola produce more environmental harm than DOT—Department of Transportation Oil As a Substitute for Crude Oil in Cold numerous larger spills of petroleum oils. EFA—Essential Fatty Acids Water Tests. Spill Technology Newsletter, Because petroleum oils and vegetable EPA—Environmental Protection Agency January-February, pp. 4–10. oils and animal fats exhibit similar ERNS—Emergency Response Notification Amdur, Mary O., John Doull and Curtis D. Klaassen. (1991). Casarett And Doull’s behavior in the environment, similar System FAO/WHO—Food and Agriculture Toxicology. Pergamon Press, New York, NY, methods are used to contain them and Organization/World Health Organization Fourth Edition, pp. 12–126, 565–680. attempt to clean them up after a spill. FR—Federal Register Andrews, J.S., W.H. Griffith, J.F. Mead, and Because every spill is different, FRP—Federal Response Plan R.A. Stein. (1960). Toxicity of Air-Oxidized decisions on what cleanup methods are FWS—Fish and Wildlife Service Soybean Oil. J. Nutrition 70:199–210. Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations 54531
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Appendix I—Supporting Tables Table 2. Comparison of Vegetable Oils and Table 4. Effects of Real-World Oil Spills Animal Fats with Petroleum Oil Table 1. Comparison of Physical Properties Table 3. Comparison of Aqua Methods and of Vegetable Oils and Animal Fats with Petroleum Oils Standard Acute Aquatic Testing Methods
TABLE 1.ÐCOMPARISON OF PHYSICAL PROPERTIES OF VEGETABLE OILS AND ANIMAL FATS WITH PETROLEUM OILS
Specific Gravity at 25°C Oil type Solidification point Solubility unless otherwise Vapor pressure (mmHg) specified
Edible Oils
Tallow ...... 40 to 46°C 1 ...... Insoluble in water 1 ...... 0.87 at 80°C 3 ...... Corn oil ...... 14 to 20°C 4 ...... Insoluble in water; soluble 0.916±0.921 4, 0.91875.5 .. Negligible.6 in acetone.1,2. Coconut oil ...... Solid to liquid at 15°C, 1 Insoluble in water; very 0.922 7 ...... atm.7. soluble in ether.1. Rapeseed/Canola oil ...... ¥2 to ¥10°C; liquid at Insoluble in water; soluble 0.913±0.917 8 ...... 250°C, 0.535mmHg.9 15°C.4. in chloroform and ether.4. Fish oil ...... ¥2 to 4°C; liquid at 15°C.4 Insoluble in water 1 ...... 0.93 at 20°C.7 ...... Soybean oil ...... ¥10 to ¥16°C; liquid at Insoluble in water and ace- 0.916±0.922 4, 0.9175 5 ..... 250°C, 0.351mmHg.9 15°C.5. tone.1. Cottonseed oil ...... 0 to ¥5°C; liquid at 15°C.4 Insoluble in water; slightly 0.915±0.921 4, 0.917 5 ...... 250°C, 0.317mmHg.9 soluble in alcohol.1. Palm oil ...... Solid to liquid at 15°C, 1 Insoluble in water.1 ...... 0.920±0.927 (fruit), 0.952 atm.7. (seed).4. Lard ...... ¥2 to 4°C 1 ...... Insoluble in water or cold 0.917 4 <1 1 ...... alcohol; soluble in ether and benzene.1.
Petroleum Oils
Diesel ...... Liquid at 15°C, 1 atm 7 ...... Insoluble in water 7 ...... 0.841 at 16°C 7 ...... 38°C, 0.201mmHg.9 Fuel Oil #1 (kerosene) ...... Liquid at 15°C, 1 atm 7 ...... Insoluble in water; miscible 0.80 4 ...... 21°C, 2.12±26.4mmHg.11 with other petroleum sol- vents.1. Fuel Oil 2±D ...... Liquid at 15°C, 1 atm 7 ...... Insoluble in water 7 ...... 0.87±0.9 at 20°C 7 ...... 21°C, 2.12±26.4mmHg.11 Crude ...... Liquid at 15°C, 1 atm 7 ...... Insoluble in water 7 ...... 0.89 8 ...... 37.8°C, 3.27mmHg.10 Fuel Oil #6 Residual ...... Liquid at 15°C, 1 atm 7 ...... Insoluble in water 7 ...... 0.95 approx. at 20°C 7 ...... 37.8°C, 0.092mmHg.10 Jet Fuel JP #7 ...... 260°C, 2,480 mmHg.12 T 1 ...... 180±380°C, 6,907mmHg.13 T 6 ...... 170±450°C, 7,120mmHg.13 Oil type Viscosity dynamic (centipoises) Viscosity kinematic (centistokes)
Edible Oils
Tallow ...... 16.5 at 100°C 3 Corn oil ...... 30.8 at 40°C 5 Coconut oil ...... 32.6 at 32°C 7 ...... 29.79 at 37.8°C.14 Rapeseed/Canola oil ...... 50.64 at 37.8°C 14, 62.6 at 25°C, 36.7 at 40°C for RBD Soybean Oil.5 Fish oil ...... 32.7 at 37.8°C (cod liver 12).14 Soybean oil ...... 28 at 40°C 15 ...... 28.49 at 37.8°C 14, 50.1 at 25°C, 28.9 at 40°C.5 Cottonseed oil ...... 34 at 40°C 15 ...... 38.88 at 37.8°C.14 Palm oil ...... Lard ...... 45 at 40°C 15 ...... 44.41 at 37.8°C.14
Petroleum Oils
Diesel ...... 11.9 at 37.8°C 7 ...... 6.8 at 20°C.10 Fuel Oil #1 (kerosene) ...... 1.15 at 21°C 7 ...... 1.7 at 15°C.10 Fuel Oil 2±D ...... 1.97 at 21°C 7 ...... 2.0 to 3.6 at 38°C.10 Crude ...... 5.5 at 21°C 7 ...... 5.96 at 20°C.10 Fuel Oil 6 Residual ...... 123 to 233 at 20°C 10 ...... >130 at 40°C.10 1 HSDB: Hazardous Substances Data Base. National Library of Medicine, 1997. 2 USDOC/NOAA, 1994. 3 Chemical Hazards Response Information System (CHRIS), DOT, USCG, January, 1991. 4 Merck Index, 1989. 5 Hui, 1996a, 1996b. 6 Material Safety Data Sheet (MSDS), 1997, Corn Oil, Fisher Scientific. 7 Chemical Hazards Response Information System (CHRIS), Department of Transportation, U.S. Coast Guard, 1995. 54536 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations
8 Allen and Nelson, 1983. 9 Murata et al., 1993. 10 Whiticar et al., 1993. 11 U.S. Department of Health and Human Services, Agency for Toxic Substances and Disease Registry, 1995b. 12 U.S. Department of Health and Human Services, Agency for Toxic Substances and Disease Registry, 1995c. 13 Dubovkin et al.,1981. Translated. 14 Rescorla and Carnahan, 1945. 15 Weiss, 1983.
TABLE 2.ÐCOMPARISON OF VEGETABLE OILS AND ANIMAL FATS WITH PETROLEUM OILS
Vegetable oil/animal fats Petroleum oils
Chemical Properties: Chemical Structure ...... Triglycerides (triacylglycerols), cholesterol, Alkanes, cycloalkanes, aromatic hydrocarbons, phospho lipids, fatty acids, other compo- polynuclear aromatic hydrocarbons (PAHs), nents in crude oils.1,2,3. other components in crude oils.4 Chemical Form ...... Some liquids, some solids.1,5,6,7,8,9 ...... Some liquids, some solids.10,11,12,13 Physical Properties: Density ...... Most 0.908±0.927 at 20 ° C; most float on Most 0.80±0.95 at 20° C; most float on water, water, some sink.1,5,6,7,9,14. some sink.8,9,14 Solubility ...... Most insoluble in water, soluble in organic sol- Most insoluble in water, soluble in organic sol- vents.6,8,9. vents.6,8, 12 Viscosity ...... Wide range, depends on tempera- Wide range, depends on temperature.8,10 ture.1,5,7,8,15,16. Volatility ...... Generally small proportion volatile, most not Some fractions (e.g., gasoline) volatile, some volatile.1,5,13,17. not volatile; 11±90% volatile, depending on type of oil.10,11,12,18 Environmental Fate: Environmental Distribution ...... Oil found in water, soil/sediment, biota; usually Oil found in water, air, soil/sediment, little in air.1,5,19,20,21,22,23. biota.4,12,24,25,26,27,28,29,30,31,32,33 Persistence ...... May persist in environment for many years or May persist in environment for many years; degrade rapidly; depends on oil, media, en- depends on oil, media, environmental condi- vironmental conditions where tions where spilled.6, 30,38,39 spilled.22,34,35,36,37. Chemical, Physical, and Biological Reac- Oxidation, hydrolysis, polymerization, photoly- Oxidation, photolysis, weathering processes; tions. sis, other chemical reactions; degraded by degraded by microorganisms; petroleum microorganisms, metabolized by plants and components taken up by plants and ani- animals.1,2,3,40,41. mals, metabolized by macroinvertebrates and some other animals.4,30,33 Toxic Components, Degradation Products Some oils contain toxic components or may Many contain benzene, PAHs, and other toxic be degraded to form toxic products.1,2,43,44,45. components; may be degraded to form toxic products.46,47,48 Physical Effects: Smothering ...... Yes; suffocation when oil blocks aeration at Yes; suffocation from oxygen depletion.30,47 water surface or depletes oxygen through biodegradation.20,22,49,50,51,52,53. Coating ...... Yes, can cause hypothermia, increased need Yes, can cause hypothermia, increased need for food, loss of buoyancy, decreased ability for food, loss of buoyancy, decreased ability to escape predators.22,29,36,37,54,55,56,57,58,59. to escape predators.28,29,47,54,55,56,57,58 Egg Contamination ...... Yes; can be transferred from coated parents Yes; can be transferred from coated parents and kill embryos by blocking air exchange at and kill embryos by blocking air exchange at egg surface.22,29,54,55,56,57,58. egg surface and by toxicitytion.28,29,47,56,57,60,61,62,63 Food and Habitat Destruction ...... Yes; can cause starvation or ingestion of oiled Yes, can cause starvation or ingestion of oiled food, destruction of future food sources, de- food that clogs organs, destruction of future struction of habitat, community ef- food sources, destruction of habitat, commu- fects.22,29,55,56,57. nity effects.28,29,47,54,55,56,57,58,61,64,65 Lethality (LD50, LC50) ...... Results vary by test, organism, condi- Results vary by test, organism, condi- tionsG546,47,66,67 Tests submitted by Peti- tions.46,47,66,67,68 Tests submitted by peti- tioners Other tests: Corn oil and cottonseed tioner Other tests: 0.5±28 ppm 96-hour more lethal than mineral oil in albino ratsÐ LC50 static tests for some aromatic hydro- 55 g/kg was LD50 for 5 days for corn oil carbons for selected marine and for 4 days for cottonseed oil; no fatali- macroinvertebrates and fish.46,47,68 ties at 130 g/kg with mineral oil for 15 days.69 Other tests: Several free fatty acids intermediate in lethality in series of chemi- cals in fathead minnows.70 Other tests: Mus- sels died after two weeks or more of expo- sure to low levels of oils (0.3 ml/min flowrate for oils, 300 ml/min flowrate seawater).19,21. Acute Toxicity ...... Laxative, diarrhea, lipid pneumonia, decreased Laxative, decreased ability to escape preda- ability to escape predators; some vegetable tors, pneumonia; affects lung, liver, kidney, oils, such as safflower oil, are irritating to blood, gastrointestinal and nervous sys- 28,29,47,57 human skin and eyes.55,56,57,71,72 tems. Chronic Toxicity: Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations 54537
TABLE 2.ÐCOMPARISON OF VEGETABLE OILS AND ANIMAL FATS WITH PETROLEUM OILSÐContinued
Vegetable oil/animal fats Petroleum oils
Cancer ...... High-fat diets and diets containing certain Benzene and some PAHs are human carcino- types of fats increase cancer incidence in gens; certain crude oil fractions and petro- studies of laboratory animals and epidemio- leum products sufficient evidence of carcino- logical studies.1,73,74,75,76,77,78. genicity in laboratory animals and associ- ated with increased cancer in refinery work- ers.47,48,79 Effects on Growth ...... High levels of some types of fats increase Petroleum hydrocarbons affect nearly all as- growth and obesity but early death and de- pects of physiology and metabolism; re- creased reproductive ability in several spe- duced feeding rates in most animal species cies of animals; elevated levels of some oils studied at concentrations similar to those in or components decrease growth in some spills; benthic organisms especially sen- fish; growth inhibition in mussels exposed to sitive; varying responses in marine low levels of sunflower plants.28,29,38,47 oil.1,21,35,74,78,80,81,82,83,84,85,86. Reproductive and Developmental Effects Decreased reproduction or growth and survival Affect broad range of reproductive and devel- of offspring in some animals ingesting high opmental processes; sensitivities to hydro- levels of oils; kills embryos in eggs by phys- carbons vary widely between species and ical effects, unknown whether toxicity also life stages; significant reproductive impair- occurs.22,55,56,57,74. ment rarely seen in field although coral, mussels, fiddler crabs,fish, birds, crusta- ceans, teleosts can be affected, some for years; decreased reproductive capacity and malformations in fish, birds; reduced egg production and toxicity in several bird spe- cies.28,29,30,38,47,59,60,61,62 Other Toxic Effects ...... Effects on shells of mussels exposed to low Affect broad range of organ systems and func- levels of oils, decreased foot extension ac- tions; increased vulnerability to disease and tivity; human and some animal studies show decreased growth and reproductive suc- correlation of high levels of dietary fats with cess; adverse skin effects in workers; com- coronary artery disease, some types of can- ponents affect immune and hematopoeitic cer, hypertension, diabetes, obesity, altered systems.28,29,30,38,39,47,48 immunity, altered steroid excretion, effects on bone modeling; increased atherosclero- sis in rats fed high cholesterol levels; de- creased lifespan in some animals consum- ing high levels of certain types of oils that increased growth and obe- sity.1,21,35,73,74,78,86,87. Toxicity of Components or Degradation Most common chronic toxic effects of Single exposures to benzene, a component of Products. gossypol, a cottonseed oil component, in petroleum oils, at very high concentrations animals are cardiac irregularity, circulatory fatal in man; can cause central nervous sys- failure or rupture of red blood cells, and tem stimulation followed by depression and death; erucic acid in rapeseed oil and respiratory failure; can produce nausea, gid- mustardseed oil causes cardiac effects, fat diness, headache, unconsciousness, convul- deposition in hearts of animals, growth sup- sions, and paralysis; chronic exposure of pression, anemia, and other effects, affects humans to benzene can produce anemia essential fatty acids; cyclopropene fatty and other blood effects and decrease im- acids in cottonseed and other oils suppress mune defense mechanisms; some PAHs, growth and impair female reproduction in components of petroleum oils, have repro- laboratory animals, produce embryomortality ductive effects and cause birth defects in in hens and rats, increase liver toxicity of animals and can affect skin, body fluids, and other chemicals, and cause liver cancer in the immune system after short and long- rainbow trout; oxidation products of animal term exposures in animals, and cause some fats and vegetable oilsÐcholesterol oxida- respiratory effects in workers; some break- tion products can adversely affect the heart, down products are mutagenic or linked to immune system, and metabolism, and some carcinogenicity.12,28,29,38,47,48,66,79,94 lipid oxidation products may act in cancer development and affect atherosclero- sis.1,42,43,44,88,89,90,91,92,93. Indirect Effects ...... High levels of oils upset fermentation and di- Fuel oil no. 5 reduced herring population by gestion in ruminants.95. decreasing amphipod grazers that control fungal damage to fish eggs.47 Aesthetics (Fouling, Rancidity) ...... Rancid odors of breakdown products; fouling Fouling of beaches with tar balls and weath- of beaches, polymers formed in water and ered oil.31,32,33,47 on sediments and concrete-like aggregates of oil and sand foul beaches. 1,2,3,5,19,21,22,34,35,96. Fire/Explosion Hazard ...... Usually not a hazard, unless hexane or other Many petroleum products contain volatile chemicals present.1,2,15,17. chemicals that are flammable or explosive under certain conditions.11,12,18,31,39 54538 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations
TABLE 2.ÐCOMPARISON OF VEGETABLE OILS AND ANIMAL FATS WITH PETROLEUM OILSÐContinued
Vegetable oil/animal fats Petroleum oils
Interference With Water Treatment ...... Large amounts can overwhelm microorga- Spills can interfere with water treatment proc- nisms used in water treatment plants; treat- esses, requiring shutdown of plants and pro- ment plants must be shut down and alter- vision of alternate water supply; can con- native water supply provided to prevent dis- taminate groundwater.30,52,97,98,99 ruption from spills.96,97,98,99,100. 1 Hui, 1996a 2 Hoffmann, 1989 3 Lawson, 1995a 4 NAS, 1985a 5 Hui, 1996b 6 Hazardous Substances Data Base, National Library of Medicine, 1997 7 CHRIS (Chemical Hazards Response Information System), DOT, 1991 8 CHRIS (Chemical Hazards Response Information System), DOT, 1995 9 Merck Index, 1989 10 Whiticar et al., 1993 11 Dubovkin et al., 1995 12 USDHHS/ATSDR, 1995b 13 Material Safety Data Sheet on Corn Oil, 1997 14 Allen and Nelson, 1983 15 Rescorla and Carnahan, 1936 16 Weiss, 1983 17 Murata et al., 1993 18 USDHHS/ATSDR,1995a 19 Salgado, 1992 20 Mudge et al., 1993 21 Mudge, 1995 22 Crump-Wiesner and Jennings, 1975 23 Russell and Carlson, 1978 24 Sanders et al., 1980 25 Shaw, 1977 26 Lee, 1977 27 Teal, 1977 28 Alexander, 1983 29 Hartung, 1995 30 USDOC/NOAA, 1996 31 USDOC/NOAA, 1992b 32 Clark, 1993 33 NAS, 1985d 34 Mudge, 1997a 35 Mudge, 1997b 36 Minnesota, 1963 37 USDHHS, 1963 38 Entrix, 1992 39 USDOC/NOAA, 1992a 40 Hui, 1996d 41 Ratledge, 1994 42 Hayes, 1982 43 Mattson, 1973 44 Berardi and Goldblatt, 1980 45 Rechcigl, 1983 46 NAS, 1985c 47 NAS, 1985e 48 IARC, 1989 49 Mudge et al., 1995 50 Mudge et al., 1997b 51 Straughan , 1977 52 Groenewold et al., 1982 53 Institute, 1985 54 Michael, 1977 55 USDOI/FWS, 1994 56 Frink, 1994 57 Frink and Miller, 1995 58 Rozemeijer et al., 1992 59 Smith and Herunter, 1989 60 Albers, 1995 61 Leighton, 1995 62 Albers, 1977 63 Szaro and Albers, 1977 64 Croxall, 1975 65 Lyall, 1996 66 Klaassen et al., 1986 67 Rand, 1985 68 Mecklenburg et al., 1977 69 Boyd, 1973 70 USEPA, 1976 71 Gilman et al., 1985 72 Lewis, 1996 73 USDHHS, 1990 74 NAS/NRC, 1995 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations 54539
75 Tannenbaum, 1942 76 Carroll, 1990 77 Freedman, 1990 78 FAO/WHO, 1994 79 IARC, 1984 80 NAS/NRC, 1983 81 NAS/NRC, 1981a 82 Takeuchi and Watanabe, 1979 83 Stickney and Andrews, 1971 84 Stickney and Andrews, 1972 85 Murray et al., 1977 86 Salgado, 1995 87 Sellers and Baker, 1960 88 Frankel, 1984 89 Hendricks et al., 1980a 90 Phelps et al., 1965 91 Miller et al., 1969 92 Roine et al., 1960 93 Yannai, 1980 94 USDHHS/ATSDR, 1995d 95 Van Soest, 1994 96 Rigger, 1997 97 USEPA, 1978; Identification of Conventional Pollutants, 43 FR 32857±32859, July 28, 1978 98 USEPA, 1979; Final Rule, Identification of Conventional Pollutants, 44 FR 44501±44503, July 30, 1979 99 Metcalf and Eddy, 1972 100 Goodrich, 1980
TABLE 3. COMPARISON OF AQUA METHODS AND STANDARD ACUTE AQUATIC TESTING METHODS
Method Number of species Fish size Acclimation
AQUA Report 1993 ...... 1ÐFathead minnow ... 0.066±0.041 g, 20.4±3.7 mm, approximately 5 days. 4 weeks old. USEPA/OPP 1982 (up- 2Ð1 warmwater, 1 0.5-5 g, very young not used, longest no (At least 2 weeks). date 1985) 1. coldwater (2Ð1 more than twice shortest (0.5-5g). warmwater, 1 coldwater). ASTM 1986 ...... List of recommended 0.5-5 usually, not very young, similar size 2 days or more with 100% dilution water and species. and age, length of longest no more than maximum temperature, change no more twice shortest. than 3 °C over 72 hours. USEPA/OTS 1985 (up- Fathead minnow or 2±1 cm recommended length ...... Held 12 to 15 days before testing; maintained date 1987). other listed species. in water of quality to be used in test at least 7 days. USEPA/ORD 1985 (up- Species depends on Age: 1±90 days {Age: 1±14 days} ...... At least 24 hours in 100% dilution water at date 1991) {update regulatory require- temperature range of test. 1993b}2. ments. APHA 1989 ...... List; sensitive to efflu- Most sensitive life stage, depending on test Acclimate fish to lab conditions at least 14 ent, material, envi. purpose; longest no more than 1.5 times days; 100% dilution water for at least 2 conditions. length of shortest. days. OECD 1984 ...... 1 or more ...... Recommended total length for several spe- 12 days or more; fish exposed to water of cies; 2±1 cm for fathead minnow; rationale test quality and temperature at least 7 if others. days. EEC 1984 ...... 1 or more ...... Recommended length 5±2 cm for fathead 12 days or more; fish exposed to water of minnow. test quality and temperature at least 7 days.
Method Static test duration Aeration
AQUA Report 1993 ...... 48 hours ...... NoÐSet 1. YesÐCrude soybean oil and diesel fuel, set 2 aer- ated for 48 hours; others not aerated. USEPA/OPP 1982 (update 1985) ...... 96 hours (96 hours) ...... (No, except aerate reconstituted water prior to use). ASTM 1986 ...... 96 hours, except 48 hours for daphnids and midge May gently aerate all chambers and controls; use larvae; record mortality at 24, 48, 96 hours for simultaneous test without aeration; toxicant con- LC.50. centration in aerated chamber not more than 20% lower than unaerated. USEPA/OTS 1985 (update 1987) ...... 96 hours preferred, mortality at 24, 48, 72, 96 Dilution water aerated until oxygen saturation, hours, LC50, 95% confidence limits (96 hours). stored 2 days without further aeration. USEPA/ORD 1985 (update 1991) 24±48 hours; 96 hours, some states (24±96 May alter results, only as last resort; none, unless {update 1993b}. hours, depends on requirements). dissolved oxygen <4mg/l, at which time gentle single-bubble aeration (Aeration rate not over 100 bubbles/min in all test solutions). APHA 1989 ...... 96 hours for LC50; 24 hours, range-finding ...... Avoid aerating, because aeration may alter re- sults. OECD 1984 ...... 96 hours preferred; mortality recorded at 24, 48, May be used if no significant loss of test sub- 72, and 96 hours and LC.50. stance; must show test substance concentration at least 80% nominal concentration over test period. 54540 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations
Method Static test duration Aeration
EEC 1984 ...... 96 hours preferred, 48 hours minimum; morality recorded each 24 hours and LC.50.
Method Test Vessels Dissolved oxygen
AQUA Report 1993 ...... Polyethylene buckets ...... Protocol says not below 4.5 mg/l (but was below 4.5 in 100% beef tallow and all concentrations of crude soybean oil, Set 1). USEPA/OPP 1982 (update 1985) ...... (Glass or welded stainless steel; polyethylene ab- Measure concentration at start and every 48 hours sorbs test materials; for other materials, analyze to end; first 48 hrs., 60±100% saturation, then toxicant concentration). 40±100% (Measure in control, high, medium, low concentration). ASTM 1986 ...... Welded stainless steel or glass; size and shape of 60±100% saturation for first 48 hours, 40±100% chamber may affect results if toxicant volatilizes saturation after 48 hours. or sorbs onto chamber. USEPA/OTS 1985 (update 1987) ...... Not contain substances that leached or dissolved Maintain above 4.5 mg/l or at least 60% air satu- into aqueous solutions or chemical sorption; ration value. glass, stainless steel, perfluorocarbon plastic. USEPA/ORD 1985 (update 1991) Usually soft glass {Borosilicate glass or non-toxic 4 mg/l minimum warmwater species, 6 mg/l mini- {update 1993b}. disposable plastic, covered}. mum coldwater species. APHA 1989 ...... No material with leachable substances or adsorbs At or near saturation, never below 4 mg/l or 60% substances from water; stainless steel probably saturation. best, glass adsorbs organics; do not use rubber or plastics with fillers, additives, stabilizers.. OECD 1984 ...... Chemically inert materials, suitable capacity ...... At least 60% of air saturation value throughout. EEC 1984 ...... At least 60% of air saturation value at selected temperature throughout.
Method Dilution Water Chemical Analysis of Concentration
AQUA Report 1993 ...... 72 mg/l CaCO3 (moderately hard, lab fresh water None reported; nominal concentrations listed in re- deionized). port. USEPA/OPP 1982 (update 1985) ...... Describe source, characteristics, pretreatment Describe methods, concentration, validation and (Reconstituted water, soft, aged 1±2 weeks, blanks if done (Chemical analysis of test solu- aerated before use or natural water, hardness tions preferred, especially if aerated, material in- 40±48 mg/l as CaCO3; animals not stressed). soluble, containers not stainless steel or glass, or chemical adsorbs to container). ASTM 1986 ...... Test organisms survive without stress or grow and Measure concentration at beginning and end in all reproduce; reconstituted, surface, or natural chambers if possible; desirable to measure deg- water, requirements described. radation products and report methods of analy- sis, standard deviation and validation studies. USEPA/OTS 1985 (update 1987) ...... Drinking, natural, or reconstituted water, 50±250 Measure concentration in each at beginning and mg/l as CaCO3, pH6±8.5 preferred. end; validate analytical methods, degradation products not interfere; replicates within 20% (Concentration in each chamber not vary >30% from measured at start). USEPA/ORD 1985 (update 1991) Receiving water, other surface water, ground Use methods in CWA Sec 304(h) for analysis {update 1993b}. water, soft synthetic water {Same water, cultur- {Measure in each test concentration at start, ing and dilution}. daily, and end}. APHA 1989 ...... Reconstituted or natural water; standard water Measure concentration in each container at start conditions for comparative toxicity, sensitivity and once during test; measured concentration tests. within 15% of calculated. OECD 1984 ...... Drinking, natural or reconstituted water; prefer Must show concentration maintained and meas- hardness 50±250 mg CaCO3 per liter, pH 6±8.5. ured concentration at least 80% of nominal. EEC 1984 ...... Drinking water, natural water, reconstituted water; Evidence from analysis, chemical properties, or prefer 50±250 mg/l as CaCO3, pH 6±8.5. test system used that concentration maintained and within 80% of initial concentration.
Method Results reported
AQUA Report 1993 ...... 48-hour LC50; no confidence limits reported, but protocol says intervals computed. USEPA/OPP 1982 (update 1985) ... Effect criteria, percent with effects; 96-hour LC50, 95% confidence limits, slope or show LC50>100 mg/l (at least 30 organisms exposed) or >100,000 times maximum expected environmental concentration or esti- mated environmental concentration (Methods, materials, organisms, LC50, 95% confidence limits, slope, calculations, chemical analysis). ASTM 1986 ...... 24, 48, and 96-hour LC50, 95% confidence limits, percentage died at each concentration and controls, cal- culation methods, and detailed information on test and organisms and findings, validation studies for an- alytical methods and accuracy. USEPA/OTS 1985 (update 1987) ... Test procedures and conditions, preparation of test solutions, maximum concentration with 0% mortality, minimum concentration with 100% mortality, cumulative mortality each concentration and time, LC50 based on nominal concentration at each time, 95% confidence limits, concentration-mortality curve at end, procedures for determining LC50, mortality of controls, test according to guidelines. Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations 54541
Method Results reported
USEPA/ORD 1985 (update 1991) Chemical analysis, organisms died or effect in each chamber, observations, LC50, 95% confidence inter- {update 1993b}. vals and methods to calculate, deviation from methods {Raw toxicity data, relationship between LC50 and NOAEL if NOAEL, pass/fail}. APHA 1989 ...... LC50's for exposure times, 95% confidence limits; mortality in controls, describe test conditions and meth- ods, observations, test material, response criteria. OECD 1984 ...... Cumulative percent mortality vs. concentration; LC50; confidence limits, p=0.95; where data inadequate, geometric mean of highest concentration with 0% mortality and lowest concentration with 100%. EEC 1984 ...... Methodology, highest concentration with 0% mortality, lowest concentration with 100% mortality, cumu- lative mortality, control, LC50, 95% confidence limits, LC50 calculations, dose-response at end, slope, dis- solved oxygen and pH and temperature every 24 hours.
Method Special considerations
AQUA Report 1993 ...... USEPA/OPP 1982 ...... Required to register end-use pesticide product introduced directly into aquatic environment, LC50 below or (update 1985) ...... equal to maximum expected environmental concentration, or ingredient enhances toxicity (Required if insoluble; flow-through if high BOD; 17±22 °C, at least 10 organisms/concentration, loading limits; reviews statistical analysis; invalid if aerated or not glass or solubility problems). ASTM 1986 ...... Use flow-through if chemical has high BOD; loading limits specified so dissolved oxygen acceptable, meta- bolic products not above acceptable level, and no crowding; temperature not vary > 1°C; 10 organisms per concentration group. USEPA/OTS, 1985 ...... Guidelines for development of test rules standards, test data under Toxic Substances Control Act; loading (update, 1987) ...... limits; 23° ± 2°C. USEPA/ORD 1985 ...... For National Pollutant Discharge Elimination System effluents; definitive vs. screening tests; loading, limits; (update 1991) ...... 20° C; 2 replicates, 10 organisms/concentration. {update 1993b} ...... {If pH outside 6±9, two parallel tests, one adjusted; or static renewal or flow-through}. APHA 1989 ...... 5 concentrations and control; 10 fish/tank, 20 fish/concentration; species in receiving water or similar, available for tests, healthy in lab, important trophic link or economic resource. OECD 1984 ...... 21±25° C; carry out without pH adjustment, adjust pH of stock solution if necessary so concentration not changed and no reaction or precipitation. EEC 1984 ...... 20±24 ° C ± 1°C; carry out without pH adjustment, adjust if necessary; interpret results with care if stability or homogeneity of test substance not maintained.
1 In some instances, other test conditions were allowed (USEPA, 1996). Draft Amendment to Standard Evaluation Procedures, 1996 states: Individual fish should weigh 0.1±5 g. Hardness of natural dilution water of less than 200 mg/l as CaCO3 can be used in lieu of reconstituted water for organic chemicals. Chemicals that are poorly soluble or with a water solubility less than 100 ppm (<100 mg/l) should be tested up to the maximum water solubility if certain conditions apply. 2 Final Report of Fourth Edition, August, 1993.
TABLE 4.ÐEFFECTS OF REAL-WORLD OIL SPILLS
Name and location of spill Oil spilled Effects
Minnesota Soybean Oil and Petro- 1 to 1.5 million gallons soybean oil Killed thousands of ducks and other waterfowl and wildlife or injured leum Oil Spills (1962±1963).1,2 from storage facilities, 1 million them through coating; 5,300 birds injured or died, 26 beavers, 177 gallons low viscosity cutting oil. muskrats. Formed stringy, rubbery masses with slicks; sank to bottom; milky material and hard crusts of soybean oil with sand on beaches. Soybean oil caused much of waterfowl loss, as shown by lab analysis of oil scraped from ducks. Fanning Atoll Spill (1975).3 Cargo ship with coconut oil, palm Effects similar to petroleum oil spill. oil, and edible materials; ran Killed fish, crustaceans, mollusks; shifts in algal community continued aground, dumped cargo onto for 11 months. coral reef. Kimya Spill, North Wales Cargo of unrefined sunflower oil ... Killed mussels, shifts in ecological communities around spill. (1991).4,5,6,7,8 Polymerized, covered bottom, killed benthic organisms; formed imper- meable cap, shut out oxygen, bacteria cannot break down; poly- mers remain nearly 6 years later. Concrete-like aggregates of oil and sand on beach. Lab studies of mussels show small amounts of sunflower and other vegetable oils kill mussels after 2 weeks; affect mussel lining. Rapeseed Oil Spills (1974±1978).9 3 small spills, total about 35 bar- Greater losses of birds from 3 small spills of rapeseed oil than 176 rels rapeseed oil. spills of petroleum oils over 5 years in Vancouver Harbor. Killed 500 birds; petroleum spills killed less than 50 birds. Perhaps vegetable oils lack strong, irritating odor of petroleum oils, so birds do not avoid. (1989).10 About 10 barrels (400 gallons) of 88 oiled birds of 14 species, half of them dead; half of rescued birds rapeseed oil. died; casualties probably higher. About 300 oiled Barrow's Goldeneyes spotted 2 days after spill crowded onto islands where they remained for 2 daysÐfate un- known, but weakened birds often die. 54542 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations
TABLE 4.ÐEFFECTS OF REAL-WORLD OIL SPILLSÐContinued
Name and location of spill Oil spilled Effects
Fat and Oil Pollution in New York Wide variety of sources...... Killed waterfowl, coated boats and beaches, tainted fish, created taste State Waters (1967).11 and odor problems in water treatment plants. Grease like substances on shore or floating on Lake Ontario; shore- line grease balls smelled like lard, analyzed as mixtures of animal and vegetable fats. Spills of Fish Oil Mixtures near Fish factory effluent pipe near Killed at least 709 Cape Gannets, 5,000 Cape Cormorants, and 108 Bird Island, Lamberts Bay, South breeding ground for Cape Gan- Jackass Penguins. Africa (1974).12 nets. Penguins with sticky, white, foul-smelling coat of oil shivering; gannet chicks dead. Milky white sea and clots of oil on island smelling of fish. Releases at two other fish factories Two other fish factories; storage Two other fish factories; at one, killed 10,000 rock lobsters and thou- at St. Helena Bay and Saldanha pits and processing effluents sands of sea urchins probably from oxygen depletion; at second, Bay, South Africa (1973).13 and off loading water from ves- killed 100,000 clams and black mussels, prawns, polychetes, and sels. anemones, and smelled bad and adversely affected aesthetics of beaches and camping site. Soybean Oil Spills in Georgia Soybean oil from tanker truck and Aesthetic effects at Lake Lanier; rancid oil as weathered; adhered to (1996).14 soybean vegetable oil refinery boats and docks. with overfilled aboveground stor- At Macon, rapid response prevented significant damage from oil, age tank. which flowed through storm water system and entered stream; pre- vious spills from facility had entered sanitary sewer system and damaged sewage treatment plant. Spill of Nonylphenol and Vegetable Unknown source ...... Thousands of seabirds, mostly Guillemots and Razorbills, washed Oils in Netherlands (Decem- ashore. ber,1988 to March, 1989).15 1,500 sick birds died; covered with oil, emaciation, aggressive behav- ior, bloody stools, leaky plumage; liver damage, lung infections. High levels of nonylphenol and vegetable oils, such as palm oil. Wisconsin Butter Fire and Spill Butter, lard, cheese as well as Released 15 million pounds of butter and 125,000 pounds of cheese (1991).16,17,18,19,20,21,22,23 meat and other food products. into the environment and damaged at least 4.5 million pounds of meat; thousands of pounds of butter ran offsite; rapid response pre- vented flow of buttery material through storm sewers to nearby creek and lake, where fish and other aquatic organisms could have suffocated from oxygen depletion. Destroyed two large refrigerated warehouses with $10 million to $15 million in property damage. Cost tax payers $13 million for butter and cheese stored under USDA surplus program. Damage to fire equipment from grease, loss of business, overtime pay for 300 firefighters and responders, costs for cleaning equip- ment and drains, rodent control. Environmental cleanup costs; thousands of gallons of melted butter; butter and spoiled meat declared hazardous waste. 1 Minnesota, 1963. 2 USDHHS, 1963. 3 Russell and Carlson, 1978. 4 Salgado, 1992. 5 Mudge et al., 1993. 6 Mudge et al., 1995. 7 Mudge, 1997a. 8 Mudge, 1997b. 9 McKelvey et al., 1980. 10 Smith and Herunter, 1989. 11 Crump-Wiesner and Jennings, 1975. 12 Percy-Fitzpatrick Institute, 1974. 13 Newman and Pollock, 1973. 14 Rigger, 1997. 15 Zoun et al., 1991. 16 Wisconsin, 1991a. 17 Wisconsin, 1991b. 18 Wisconsin, 1991c. 19 Wisconsin State Journal, 1991a. 20 Wisconsin State Journal, 1991b. 21 Wisconsin State Journal, 1991c. 22 Wisconsin State Journal, 1991d. 23 Wisconsin State Journal, 1991.
Appendix II—Edible Oil Regulatory 1995. The Act requires all Federal oils, oils of vegetable origin, including Reform Act Differentiation agencies (with the exception of the Food oils from certain seeds, nuts, and and Drug Administration) to (1) kernels, from other oils and greases, Edible Oil Regulatory Reform Act differentiate between and establish including petroleum; and (2) apply Congress enacted the Edible Oil separate classes for animal fats and oils standards to different classes of fats and Regulatory Reform Act on November 20, and greases, fish and marine mammal oils based on certain considerations. In Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations 54543 differentiating between the classes of 0.97. Data regarding petroleum oil’s oxygenated, open water areas. Both fats, oils, and greases, each Federal solidity and viscosity vary. (See petroleum and non-petroleum oils can agency shall consider differences in the Appendix I, Table 1. Comparison of remain in the environment for extended physical, chemical, biological, and other Physical Properties of Vegetable Oils periods of time if buried under sediment properties, and in the environmental and Animal Fats with Petroleum Oils or spilled in large enough quantities to effects, of the classes. These and Table 2. Comparison of Vegetable form thick layers. The high BOD of requirements apply when Federal Oils and Animal Fats with Petroleum vegetable oils and animal fats increases agencies are issuing or enforcing any Oils. the rate of biodegradation but also regulation or establishing any Vegetable oils and animal fats and quickly depletes the available oxygen of interpretation or guideline relating to petroleum oils all have similar physical the surrounding environment. This the transportation, storage, discharge, properties. One difference is the low could result in significant harm to release, emission, or disposal of a fat, volatility of most vegetable oils and shallow near-shore areas or wetlands. oil, or grease under any Federal law. animal fats, which results in less Oxygen depletion could be as serious as EPA’s Final Rule amending the Oil product removed from a spill by toxicity with regard to its impact on Pollution Prevention regulation (Oil evaporation and reduces the combustion aquatic wildlife. Pollution Prevention; Non- and explosive potential of these oils. Transportation-Related Onshore Chemical Properties. Animal fats and Environmental Effects. Certain effects Facilities; Final Rule, 59 FR 34070, July vegetable oils are water-insoluble of non-petroleum oils are similar to the 1, 1994) was promulgated before the substances that consist predominantly effects of petroleum oils because of the Edible Oil Regulatory Reform Act was of glyceryl esters of fatty acids or physical properties common to both. enacted; Congress did not make the triglycerides. Petroleum oils are Significant environmental harm from requirements of the Act retroactive. EPA extremely complex mixtures of petroleum oils, animal fats and is, therefore, not obligated to evaluate chemical compounds. Many classes of vegetable oils, and other non-petroleum the statutory criteria to determine if a compounds are present in petroleum, oils can occur as a result of the further differentiation between edible and each class is represented by many following: physical effects such as oils and other oils should be made in its components. For example, coating with oil, suffocation, Final Rule. EPA does, however, present hydrocarbons are a major class of contamination of eggs and destruction the following information in support of constituents of petroleum. Similar of food and habitat, short and long term its conclusion that spills of vegetable behavior of fatty acids and petroleum oil toxic effects, pollution and shut down of oils and animal fats can indeed pose a in the aquatic environment is largely a drinking water supplies, rancid smells, serious risk to fish, wildlife, and result of their predominantly fouling of beaches and recreational sensitive environments. hydrocarbon character. areas. A summary of the properties and Biological Properties. Some vegetable Summary of Analysis after Reviewing effects of vegetable oil and animal fats oils and animal fats do biodegrade more the Act’s Criteria. Based on the are presented in Appendix I, Tables 1 readily than petroleum oils; however, significant degree of similarity between and 2. Additional detailed discussion because their evaporation potential is animal fats and vegetable oils and other and studies of these properties and low, vegetable oils and animal fats may petroleum and non-petroleum oils, effects are contained in the Technical tend to stay in the water in larger especially with respect to negative Document in support of this document. quantities and for longer periods of time environmental effects associated with Physical Properties. Vegetable oils than petroleum oils. Under certain the common physical properties of all and animal fats are generally solids in circumstances, vegetable oils and oils, EPA stands by its decision not to water at ambient temperatures. They animal fats can remain in the make further changes to its July 1, 1994, both have limited water solubility but environment for periods of time greatly Final Rule. The Final Rule already high solubility in organic solvents. They exceeding their potential degradation provides a greater degree of flexibility generally are of low viscosity, have a time. Environmental circumstances play for owners or operators of facilities low evaporation potential, and their an important part with regard to the storing only non-petroleum oils, specific gravity can range from 0.87 to comparative degradation rates of including vegetable oils and animal fats, 0.92. Petroleum oils also have limited petroleum and non-petroleum oils to devise different and more appropriate water solubility and high solubility in including vegetable oil and animal fats. response strategies than owners or organic solvents. They form an Both kinds of oil degrade more slowly operators of petroleum oil facilities. emulsion in turbulent water, and they in low-energy and poorly oxygenated evaporate faster than edible oils. Their waters, and both tend to disappear [FR Doc. 97–27261 Filed 10–17–97; 8:45 am] specific gravity can range from 0.78 to quickly in high-energy, well BILLING CODE 6560±50±P federal register October 20,1997 Monday Homes; TechnicalCorrection;FinalRule Snow LoadMapforManufactured 24 CFRPart3280 Development Housing andUrban Department of Part III 54545 54546 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations
DEPARTMENT OF HOUSING AND snow load requirements in subsequent periods of evaluation are not adequate, URBAN DEVELOPMENT editions of the CFR. for example where substantial local This final rule clarifies that the snow variations result from differences in 24 CFR Part 3280 load map that had been included as a elevation. [Docket No. FR±4276±F±01] graphic in earlier editions of the CFR has not been changed as a result of the Justification for Final Rulemaking Snow Load Map for Manufactured January 1994 or any subsequent In general, in accordance with the Homes; Technical Correction rulemaking. In addition to this Department’s regulations on rulemaking explanation in the preamble of this rule, (24 CFR part 10), the Department AGENCY: Office of the Assistant this rule amends the regulations at publishes a rule for public comment Secretary for Housing-Federal Housing § 3280.305(c) to reinsert the omitted before issuing a rule for effect. Part 10 Commissioner, HUD. snow load map and to reference clearly does provide, however, for exceptions ACTION: Final rule. that the snow and wind load maps are from that general rule where the agency codified as part of paragraph (c)(4) of finds good cause to omit advance notice SUMMARY: This rule corrects the § 3280.305. Appropriate references and public participation. The good omission of a snow load map from the have, therefore, been added to the cause requirement is satisfied when codified regulations establishing heading of the table in paragraph prior public procedure is standards for the construction and (c)(3)(i) and to paragraph (c)(4) of ‘‘impracticable, unnecessary, or contrary safety of manufactured houses. The § 3280.305. to the public interest’’ (24 CFR 10.1). design requirements and designations The Roof Snow Load Zone Map that The Department finds that good cause applicable to the snow loads to which is recodified by this rule is the same exists to publish this rule for effect a manufactured home must be designed map that manufacturers have been without first soliciting public comment. have not changed, even though other continuing to include on the Data Plate, Public procedure is unnecessary unrelated revisions have been made to as required by § 3280.305(c)(4), since because this action does not affect any the applicable section of the regulations. the requirement for the map was first of the requirements that have been, or These other revisions have been made effective by a final rule published currently are, in effect with respect to included in the Code of Federal on December 15, 1975 (40 FR 58752, the required design loads for roofs in the Regulations (CFR), however, a map that 58762). designated snow load areas. The illustrated the designated snow load Over the years, the Department has recodification of the snow load map zones was inadvertently omitted from received inquiries from communities should merely make it easier to identify the CFR. This final rule corrects the subject to large snow accumulations that and understand the application of the omission by recodifying the snow load express concern that HUD’s snow load current requirements regarding the map. standards do not adequately protect the design requirements for manufactured EFFECTIVE DATE: November 19, 1997. public in these areas. As indicated in homes in the various snow load areas. § 3280.305(c)(3)(ii), HUD has authority FOR FURTHER INFORMATION CONTACT: to establish more stringent requirements Findings and Certifications David R. Williamson, Director, Office of for manufactured homes in areas where Environmental Impact Consumer and Regulatory Affairs, Room records or experience indicate 9158, (202) 708–6401; or Marion significant differences from the snow This amendment is excluded from the Connell, Director, Manufactured load requirements established by the environmental review requirements of Housing and Standards Division, Room chart and map in § 3280.305(c). Any the National Environmental Policy Act 9152, (202) 708–6409 (these are not toll- person or community interested in (42 U.S.C. 4321–4347) and the other free numbers). For hearing-and speech- strengthening the snow load related Federal environmental laws and impaired persons, these numbers may requirement for manufactured homes in authorities, as set forth in 24 CFR part be accessed via TTY (text telephone) by a specific area or jurisdiction may 50. In keeping with the exclusion calling the Federal Information Relay contact HUD, at the address stated provided for in 24 CFR 50.19(c)(1), this Service at 1–800–877–8339. The address above, to request reconsideration of the amendment does not ‘‘direct, provide for both of these persons is: Department applicable requirement. for assistance or loan and mortgage of Housing and Urban Development, In addition, the Department invites insurance for, or otherwise govern or 451 Seventh Street, SW, Washington, observations from interested parties, regulate property acquisition, DC 20410–8000. which might include suggestions for disposition, lease, rehabilitation, SUPPLEMENTARY INFORMATION: On updating the snow load map and alteration, demolition, or new January 14, 1994, at 59 FR 2456, HUD standards. The existing boundaries are construction, or set out or provide for published a final rule that, in part, often unclear, and there may be standards for construction or revised several provisions in 24 CFR significant variations of snow fall within construction materials, manufactured 3280.305(c), to improve the resistance of a particular snow load area. HUD is housing, or occupancy.’’ Accordingly, manufactured homes in high wind particularly interested in suggestions on under 24 CFR 50.19(c)(2), this zones to wind damage. Because of the how to protect persons living in amendment is categorically excluded scattered nature of the revisions made at manufactured homes in areas subject to because it amends a previous document that time and because the maps in the high snow loads, without unduly where the underlying document as a then-existing codification were full-page increasing consumer costs or burdening whole would not fall within the graphics that were referenced in the retailers and manufacturers. These exclusion set forth in 24 CFR regulations only as being included in suggestions may include specific 50.19(c)(1), but the amendment by itself § 3280.305 and were not clearly alternate protections for consumers in does. referenced as being included in a high snow load areas. HUD also invites particular paragraph of that section, suggestions on methods that could be Regulatory Flexibility Act there was confusion about the used in the future to determine snow The Secretary, in accordance with the amendatory instructions which resulted load requirements in areas where Regulatory Flexibility Act (5 U.S.C. in the omission of the graphic for the standard methods of data collection or 605(b)), has reviewed this rule before Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations 54547 publication and by approving it certifies tribal governments, or on the private ‘‘Zone (see Map in § 3280.305(c)(4))’’; that this rule will not have a significant sector, within the meaning of the and economic impact on a substantial UMRA. b. Paragraph (c)(4) is amended by number of small entities. This rule Catalog of Federal Domestic Assistance revising the second sentence and by merely makes a technical correction and adding after the graphic ‘‘Basic Wind does not change any of the requirements The Catalog of Federal Domestic Zone Map for Manufactured Housing’’ a of the program. Assistance number is 14.171. graphic entitled ‘‘Roof Snow Load Zone Executive Order 12612, Federalism List of Subjects in 24 CFR Part 3280 Map’’, as follows: Fire prevention, Housing standards, § 3280.305 Structural design requirements. The General Counsel, as the Incorporation by reference, Designated Official under section 6(a) of * * * * * Manufactured homes, Reporting and (c) * * * Executive Order 12612, Federalism, has recordkeeping requirements. (3) * * * determined that this rule does not have Accordingly, for the reasons set forth ‘‘federalism implications’’ because it in the preamble, part 3280 of title 24 of (i) * * * does not have substantial direct effects the Code of Federal Regulations is Pounds on the States (including their political amended as follows: subdivisions), or on the distribution of per Zone (see Map in § 3280.305(c)(4)) square power and responsibilities among the PART 3280ÐMANUFACTURED HOME foot various levels of government. CONSTRUCTION AND SAFETY STANDARDS North Zone ...... 40 Unfunded Mandates Reform Act Middle Zone ...... 30 1. The authority citation for part 3280 Title II of the Unfunded Mandates South Zone ...... 20 continues to read as follows: Reform Act of 1995 (Pub. L. 104–4; approved March 22, 1995) (UMRA) Authority: 42 U.S.C. 3535(d), 5403, and * * * * * establishes requirements for Federal 5424. (4) * * * The Data Plate shall include agencies to assess the effects of their 2. Section 3280.305 is amended as reproductions of the Load Zone Maps regulatory actions on State, local, and follows: shown in this paragraph (c)(4), with any tribal governments, and on the private a. Paragraph (c)(3)(i) is amended by related information. * ** sector. This rule would not impose any adding the following heading in the first * * * * * Federal mandates on any State, local, or column of the first row of the table: BILLING CODE 4210±27±P 54548 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations 54549
* * * * * Dated: October 4, 1997. Nicolas P. Retsinas, Assistant Secretary for Housing, Federal Housing Commissioner. [FR Doc. 97–27675 Filed 10–17–97; 8:45 am] BILLING CODE 4210±27±C federal register October 20,1997 Monday Gasoline Requirements;FinalRule Prodecures forPhaseIIReformulated Transitional andGeneralOptOut 40 CFRPart80 Protection Agency Environmental Part IV 54551 54552 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations
ENVIRONMENTAL PROTECTION Web cite, http://www.epa.gov/ this action. Other types of entities not AGENCY OMSWWW. The TTNBBS can be listed in the table could also be accessed with a dial-in phone line and regulated. To determine whether your 40 CFR Part 80 a high-speed modem (PH# 919–541– business is regulated by this action, you 5742). The parity of your modem should should carefully examine the list of [FRL±5903±3] be set to none, the data bits to 8, and areas covered by the reformulated Transitional and General Opt Out the stop bits to 1. Either a 1200, 2400, gasoline program in § 80.70 of title 40 of Procedures for Phase II Reformulated or 9600 baud modem should be used. the Code of Federal Regulations. If you Gasoline Requirements When first signing on, the user will be have questions regarding the required to answer some basic applicability of this action to a AGENCY: Environmental Protection informational questions for registration particular entity, consult the person Agency (EPA). purposes. After completing the listed in the preceding FOR FURTHER ACTION: Final rule. registration process, proceed through INFORMATION CONTACT section. the following series of menus: Extended Summary SUMMARY: This final rule revises the (M) OMS regulations for states to opt-out of the (K) Rulemaking and Reporting EPA published a Notice of Proposed federal reformulated gasoline (RFG) (3) Fuels Rulemaking on March 28, 1997, (62 FR program for areas where a state had (9) Reformulated gasoline 15077) proposing changes to the previously voluntarily opted into the A list of ZIP files will be shown, all of existing opt-out rule which provides program. The previously published opt- which are related to the reformulated criteria and general procedures for states out provisions provide that EPA- gasoline rulemaking process. Today’s to opt-out of the RFG program through approved opt-out petitions become action will be in the form of a ZIP file December 31, 1997. This final rule effective 90 days from approval. Under and can be identified by the following promulgates the revisions as proposed today’s action, if a state has not title: OPTOUT.ZIP. To download this by EPA with minor changes. 61 FR submitted an opt-out petition to EPA by file, type the instructions below and 35673 (July 8, 1996). December 31, 1997, it must participate transfer according to the appropriate This final rule applies to areas where in the federal RFG program until software on your computer: the state voluntarily opted into the December 31, 2003. The Agency rotocol, Phase II of the program, until at least levels of ozone.1 In section 211(k)(6), opting out should be focused on December 31, 2003. The opt-out request Congress provided the opportunity for achieving a reasonable transition out of will be effective January 1, 2004 or 90 states to opt-in to the RFG program for the program. There were two primary days from the Agency’s written other areas classified under Subpart 2 of areas of concern to the Agency. The first notification to the State approving the Part D of Title I as ozone nonattainment was coordination of air quality opt-out petition, whichever date is later, areas. planning. The second involved unless the Governor requests a later EPA issued final rules establishing appropriate lead time for industry to date. requirements for RFG on December 15, transition out of the program. 1993. 59 FR 7716 (February 16, 1994). Today’s final rule addresses this lead The Agency may grant up to a five During the development of the RFG time concern by changing the month extension to the December 31, rule, a number of states inquired as to conditions for opting out during the 1997 deadline in limited circumstances. whether they would be permitted to opt- period from January 1, 1998, to An extension can be granted where the out of the RFG program at a future date, December 31, 2003. As the effective date State’s Legislature has pending or opt-out of certain requirements. This for Phase II RFG (January 1, 2000) legislation on the use of federal RFG was based on their concern that the air approaches, industry must make that was active prior to March 28, 1997, quality benefits of RFG, given their investment decisions based in part on when this opt-out rule was proposed. specific needs, might not warrant the anticipated demand for RFG. The request for an extension must cost of the program, specifically Unanticipated changes in demand, due demonstrate that the legislation cannot focusing on the more stringent to opt-outs, could make cost recovery of reasonably be acted upon until after the standards in Phase II of the program investment difficult. To avoid this, December deadline. Such legislation (starting in the year 2000). States with refiners would tend to minimize capital must be related to either opting out of that concern wished to retain the investments and rely on costly or remaining in the RFG program. The flexibility to opt-out of the program. operational changes which may be more Governor must submit a request for an Other states indicated they viewed RFG to meet the Phase II requirements. This extension to EPA containing such as an interim strategy to help bring their approach to compliance requirements information before December 31, 1997. nonattainment areas into attainment could lead to higher gasoline prices The Agency can then grant an extension sooner than would otherwise be the which would diminish the cost- up to May 31, 1998. case. effectiveness of EPA’s RFG program. Today’s requirements will also cover The regulation issued on December Thus, EPA believes it must consider those areas opting into the RFG program 15, 1993, did not include procedures for these special circumstances which affect subsequent to December 31, 1997; areas opting-out of the RFG program because industry directly and consumers opting-in during that time period must EPA had not proposed and was not indirectly and make appropriate remain in the program at least until ready to adopt such procedures at that changes to the opt-out procedures. December 31, 2003. The opt-out time. Since then, the Agency has Therefore, EPA is requiring states to procedures would revert back to the adopted general procedures for future decide by December 31, 1997 if they previously published rule (90 day opt-outs. 61 FR 35673 (July 8, 1996). intend for opt-in areas to participate in requirements) as of January 1, 2004. These procedures apply to opt-out Phase I RFG up to December 31, 1999, petitions received through December 31, and/or to participate in Phase II RFG, Today’s action will help provide 1997. which begins on January 1, 2000. If a certainty to the industry as it makes Based upon EPA concerns regarding state has not submitted an opt-out decisions that are likely to affect the smooth implementation of Phase II of petition by December 31, 1997, it must supply and cost of RFG, which in turn the RFG program and public comments continue to participate in Phase I RFG could affect the cost-effectiveness of that were received in response to the through December 31, 1999, and Phase II RFG. Additionally, the action Notice of Proposed Rulemaking (60 FR participate in Phase II RFG until maintains the flexibility that states have 31269) published June 14, 1995, EPA is December 31, 2003. The Agency in air quality planning to the degree changing the regulations in this final however may grant up to a five month possible and practicable. rule for opt-out petitions received extension to the December 31, 1997 I. Opt-out Petitions Received January 1, between January 1, 1998, through deadline if the state meets specific 1998 Through December 31, 2003; and December 31, 2003. The previously criteria. After December 31, 2003 published procedures in place today (61 FR 35673) will take effect again B. Statutory Authority A. Background beginning January 1, 2004. The statutory authority for the action In the proposal to the previous opt- in this rule is granted to EPA by section The federal reformulated gasoline out rulemaking, EPA outlined its 211(c) and (k) and section 301(a) of the (RFG) program is designed to reduce rationale for determining that it is Clean Air Act as amended, 42 U.S.C. ozone levels and air toxics in areas of appropriate to interpret section 211(k) 7545 (c) and (k) and 7601(a). For a more the country that are required to or as authorizing states to opt-out of the complete discussion of statutory volunteer to adopt the program. program. 60 FR 31269 (June 14, 1995). authority, see the proposal for general Reformulated gasoline reduces motor EPA concluded that any conditions on rules establishing criteria and vehicle emissions of the ozone procedures for states to opt-out of the precursors, specifically volatile organic 1 EPA recognizes that there are currently ten areas RFG program. 60 FR 31271 (June 14, compounds (VOC), through fuel required to use Federal RFG and that these areas 1995). reformulation. RFG also achieves a currently do not have an opt-out option. Those areas are: Los Angeles–Anaheim–Riverside, CA; As discussed there, EPA believes it is significant reduction in air toxics. In San Diego County, CA; Hartford–New Haven– appropriate to interpret section 211(k) Phase II of the program emissions of Meriden–Waterbury, CT; New York–Northern New as authorizing states to opt-out of the nitrogen oxides (NOX), another Jersey–Long Island–Connecticut area; Philadelphia– RFG program, provided that a process is precursor of ozone, are also reduced. Wilmington–Trenton–Cecil County, MD; Chicago– Gary–Lake County, IL–Indiana–Wisconsin area; established for a reasonable transition The Clean Air Act requires RFG in ten Baltimore, MD; Houston–Galveston–Brazoria, TX; out of the program. EPA believes metropolitan areas with the highest Milwaukee–Racine, WI; Sacramento, CA. allowing states to opt out is consistent 54554 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations with the Act’s recognition that states NPRM, specifically the cost recovery because refiners are producing a lower have the primary responsibility to issue. Several refiners/suppliers volume of RFG than was originally develop a mix of appropriate control commented that they agree with the anticipated in 1994 due to subsequent strategies needed to reach attainment associations’ comments. One company opt-outs, due to a smaller quantity of with the NAAQS. Given this deference added that the Agency must take into spillover than anticipated, and because to state decision making, it follows that account the long term impact on all the refinery models used have been the conditions on opting out should be parties, including small refiners and revised to more accurately project geared towards achieving a reasonable marketers when deciding RFG opt-ins or capital investments by the refining transition out of the RFG program, as opt-outs. A state commented that industry. Although the investment compared to requiring a state to justify consumers would benefit from a stable estimates are lower, EPA agrees with its decision. price market which would be DOE’s assessment that the estimated EPA has identified two principal encouraged by a long-term commitment investments remain significant and that areas of concern in this regard. The first to the program. The Agency did not a required participation period is still involves coordination of air quality receive any comments arguing against appropriate. Such a requirement will planning. The second involves the need for a required participation encourage refiners to make the appropriate lead time for industry to period. appropriate investments which in turn transition out of the program. Today’s Based on these comments, EPA will help keep RFG prices low. rule addresses the latter concern. EPA’s maintains its belief in the need for a Refiners who expect to be producing authority allows it the discretion to required Phase II participation period as Phase II RFG starting January 1, 2000, authorize opt-outs in a way that proposed. The proposed requirement and who need additional facilities to appropriately balances the interests of was prompted by the concerns meet the requirements of that gasoline, the parties affected by the regulations. expressed by DOE in its comments are likely to begin making commitments The previous rule establishing opt-out during the previous opt-out rulemaking. to refinery investments in 1997, two criteria and procedures placed only Specifically, DOE commented that a years in advance of the Phase II start limited conditions on the states, short time frame to opt-out by states date. The decision to invest in the focusing on the information that must who originally intended to participate capital needed to comply with Phase II be submitted before EPA may approve in Phase II of the RFG program makes RFG is based on each refiner’s product an opt-out request. The previous rule it difficult for refiners to recover their capabilities, desire to participate in the also generally required a 90-day time investments in refinery facilities needed program, and likely anticipated period to pass before an EPA-approved to comply with the requirements of demand. opt-out became effective. Today, EPA is Phase II RFG. (Air Docket A–94–68) The Those refiners who chose to supply proposing to lengthen this time period Department further explained in its Phase II RFG are each uniquely situated for certain future opt-outs because it comments that the ability to price to comply with the year 2000 Phase II believes the circumstances affecting gasoline at a level that recovers requirements. Different levels of industry have changed enough to investments depends very heavily on investment will be pursued by each warrant an appropriate change. marginal supply and demand. Small refiner when investment is chosen or is unanticipated changes in demand, necessary. The largest investments are C. Need for a Required Participation whether due to market forces or expected to be made in the areas of Period changing regulatory requirements, can desulfurization and alkylation to control In the NPRM, EPA proposed a four make cost recovery of investment sulfur and olefins. Some are expected to year required participation period in difficult, and cause gasoline prices to make early refinery changes to come Phase II for RFG opt-in areas. EPA rise or fall. into compliance with the complex solicited comments on the impact of Refinery investments for Phase II RFG model requirements in 1998. While the future opt-outs during this time period, were originally estimated by the U.S. economic burden of Phase II compliance and the expected impacts on supply and Department of Energy (DOE) to be about will fall disproportionately on some cost from such opt-outs if they were $1 billion for East Coast refiners and refiners, the Agency’s main concern in allowed to occur. Two petroleum about $2 billion for Gulf Coast PADD III this final rule is to provide a stable associations commented that they refiners. These estimates were included regulatory environment which will not support the establishment of a in DOE’s December 1994 report, unreasonably inhibit cost recovery, minimum participation period for the Estimating the Costs and Effects of RFG. given that this could lead to supply Phase II RFG program which would Using improved modeling and real- problems and cost fluctuations that provide market certainty and world RFG production volume data, could diminish the appeal and cost- stabilization. One association EPA worked closely with API and DOE effectiveness of the RFG program. specifically remarked that industry to improve the DOE refinery model. needs market certainty to not only This work was conducted in concert D. Four Year Required Participation Period From January 1, 2000 to ensure adequate planning and with EPA’s review of the NOx waiver investments to satisfy RFG demand at petition submitted by the American December 31, 2003 the lowest cost, but to continue Petroleum Institute (API). Based on the In the NPRM, EPA proposed a four investments in RFG facilities by over 200 improvements and changes to year required participation period to providing assurance that the program the refinery model, DOE released an attempt to strike a balance between the would be in effect for a reasonable time updated report in 1997 entitled Re- potential adverse impacts if refiners to allow a return on investment. It Estimation of the Refining Cost of RFG have too little time to recoup their Phase further commented that EPA must make NOx Control. The updated investment II investments and the need of states for every effort to guarantee a stable estimates in this report for 6.8% NOx some flexibility in using RFG. The regulatory climate for the highly capital reduction range from about $0.2 to $0.8 Agency solicited comments on the range intensive RFG program. The other billion for PADD I and about $0.0 to of investment recovery periods needed association remarked that it agreed with $0.6 billion for PADD III. by the refineries who plan to invest the U.S. Department of Energy’s (DOE’s) The investment estimates decreased capital in refining equipment for Phase comments to the Agency’s June 1995 for several reasons but predominantly II RFG. Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations 54555 Several refiners and petroleum Phase II reformulated gasoline over a period required under current opt-out associations commented that a four year sufficient period of time, refiners may procedures as long as it is not a date commitment period is not necessarily limit or delay investments and prepare beyond December 31, 1999. Areas sufficient or is the minimum amount of for a smaller than currently-predicted opting into the RFG program subsequent time refiners would need to recover RFG demand. to December 31, 1997, will be treated investments made to produce Phase II EPA is committed to ensuring that the same as areas opting in prior to that RFG. These commenters referenced non-attainment areas around the date and will also be included in Phase DOE’s comments that an eight year country attain the National Ambient Air II of the program until December 31, period is more adequate given the Quality Standards (NAAQS), including 2003. current competitive gasoline market, as the ozone standard. EPA recognizes, A state commented that the December well as EPA’s statement that refiners however, that under the Clean Air Act 31, 1997 deadline should be extended if would need a six year investment the states play a primary role in the Agency revises the National recovery period assuming a 10% real attaining the NAAQS, including Ambient Air Quality Standards rate of return (62 FR 15077). Two choosing those control measures they (NAAQS) in the summer of 1997. It refiners encouraged EPA to adopt a six prefer to include in their plans to attain stated that a change in the NAAQS year participation period while one and maintain the NAAQS. EPA is would require analysis to verify the suggested at least ten years based on the committed to maintaining, if possible appropriateness of RFG as a control argument that manufacturing Phase II and practical, the flexibility that states strategy and that the proposed opt-out RFG is a long range project with have in air quality planning by deadline would not be sufficient for the expected pay outs of 10–20 years. establishing procedures to opt out and state to make such a decision. The Conversely, two states and two refiners/ substitute alternative control measures Agency understands this air quality suppliers of RFG commented that a where the state considers appropriate. planning concern for a revision to the four-year period is adequate for several The Agency believes that requiring RFG NAAQS, but extending the opt-out reasons including that it strikes a in opt-in states for a period greater than deadline a few months would not be of balance between sufficient certainty for four years may create a disincentive for any significant value to the states for RFG producers and flexibility for states continued participation in those areas purposes of making decisions on control to chose air quality control measures, where this program is currently strategies to meet the new ozone markets tend to become more efficient considered a cost-effective control standard. Extending the deadline much over time, and that an extended measure for the control of ground-level beyond December 31, 1997 could required period may not provide ozone and toxics. jeopardize the intent of the rulemaking additional cost recovery but instead EPA believes that today’s action by not providing industry with achieves a balance between allowing create a disincentive to continue sufficient lead time to make necessary states with voluntary RFG areas the participation in the program. investment decisions. flexibility to opt-out of the program and A representative of the state of Maine The above comments do not represent giving industry a certain level of commented that the opt-out deadline any new information or compelling assurance as to a predictable demand for should be extended at least until end of arguments to change the proposed four- Phase II RFG during the important May 1998. The state discussed the year participation period beyond four investment recovery period of the controversy within that state years. Thus the EPA continues to program’s early years. Today’s action surrounding the decision of whether or believe that a four year period is the helps maintain a consistent market, not to stay in the RFG program and most appropriate. The Agency is not adequate supplies and reasonable expressed the importance of providing trying to assure that all refiners will prices, thus maintaining the RFG its legislature the opportunity to recover investments made in Phase II program’s cost-effectiveness. approve such decisions. The state’s RFG production in a given time period. legislative session ended June 1997 and E. Effective Date for Approved Opt-Out EPA is instead seeking to structure the is not scheduled to reconvene until federal RFG program in a way that Petitions January 1998. In January 1997, a bill minimizes the potential abrupt decrease In the NPRM, EPA proposed to was introduced in Maine’s Legislature in demand that could occur to refiners, change the date on which EPA- to opt the state out of the RFG program. thereby making it difficult to recover approved opt-out petitions become The Legislature did not act on this investments associated with producing effective for opt-out petitions received legislation and carried it over to the next this product. The potential for such January 1, 1998, through December 31, legislative session beginning January decreases in demand soon after the 2003. The EPA proposed that States 1998 for consideration. The EPA implementation of Phase II RFG could which previously opted in to the RFG believes that a limited extension is be a disincentive to refiners to invest in program that do not submit an opt-out justified under these circumstances and the kind of capital that would tend to request by December 31, 1997, and that a limited extension would not reduce future supply problems and to subsequently submit a completed opt- negate the intent of the rulemaking sustain the cost-effectiveness of the out request before January 1, 2004, will since only a small refining market program. This is because a refiner’s be required to participate in Phase II of would be affected. Thus in this final decision to invest in Phase II RFG is the program until December 31, 2003. rule EPA is allowing a Governor, that based, in part, upon an opt-in state’s The opt-out request will be effective requests an extension so the legislature decision to have EPA require the sale of January 1, 2004 or 90 days from the can consider a decision, to submit a Phase II RFG in a particular area. RFG Agency’s written notification to the letter to EPA before December 31, 1997 market uncertainty is increased when State approving the opt-out petition, to request an extension up to May 31, opt-in states are not bound to remain in whichever is later. 1998. To be eligible for an extension, the the RFG program and by the relatively The Agency also proposed that if a State’s Legislature must have pending simple process for states to opt out of state submits an opt-out request prior to RFG legislation that cannot reasonably the RFG program provided for in the December 31, 1997, the state can be acted upon until after the December previously published rule. Without designate the opt-out to occur at any deadline. Such legislation must be greater assurance of the markets for future date beyond the minimum 90-day related to either opting out of or 54556 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations remaining in the RFG program and it In such a case, a state must indicate in incentive to reach attainment of the must have been introduced prior to its petition to the Agency the desired ozone standard but instead would retain March 28, 1997, the date of the opt-out effective date for the opt-out. EPA an element of market uncertainty which proposal. The Governor must submit a recommends that a state consider an contradicts the purpose of the request for an extension to EPA opt-out date which becomes effective on requirement. containing such information before one of the RFG program’s natural (2) A similar participation period for December 31, 1997. The Agency then transition points. These natural areas first opting into the RFG program may grant an extension up to May 31, transition points are identified as subsequent to December 31, 1999, 1998. January 1, the start of the averaging requiring these areas to participate in season, and May 1 and September 15, Phase II of the program for at least four F. Return to Existing Procedures the beginning and end, respectively, of years from the date of their opt-in. This EPA further proposed that, beginning the VOC control season. The Agency variation, referred to as a ‘‘rolling on January 1, 2004, opt-out requests supports state efforts to accommodate required period’’, would establish the from states again be approved based on these natural transition points. effective date for the removal of an area the opt-out provisions in effect before from the program as January 1, 2004, or January 1, 1998. A petroleum G. Variations to Proposal 90 days from the Agency’s written association commented that opt-outs In the NPRM, EPA requested notification approving the opt-out, or must follow formal rulemaking process comments on two specific possible four years from the effective date of as provided for under the CAA, and that variations to the proposal in their opt-in, whichever date is later, for approved opt-outs published by July 1 anticipation of interest in these options all opt-out requests received after in a given year should be effective by outside parties: January 1, 2000. January 1 of the following year to (1) An area that reaches attainment of Several commenters supported a provide adequate time for refiners to the ozone standard and is redesignated rolling period to avoid stranded meet averaging requirement planning during the period of January 1, 1998, investments. However, one supplier and survey programs. through December 31, 2003, would be remarked that it may not be necessary EPA does not agree that a separate allowed to submit an opt-out request to to continue with a four year period rulemaking must be conducted for each be approved by EPA using the same 90 beyond 2003. The EPA believes that future opt-out request. The petition day opt-out effective date applicable with the information available today based process established in the before December 31, 1997 (See 61 FR and with the uncertainty of the future, previous opt-out rulemaking (61 FR 35673, July 8, 1996). A petroleum the Agency cannot conclude that there 35673) addresses, on a case by case association commented that it opposed is a need for a rolling period to assure basis, future individual state requests to this variation of allowing areas to opt a continued cost-effective RFG program. opt out of the federal RFG program. The out of the program if they redesignate to The Agency did not receive a regulations establish clear and objective attainment. It specified that this compelling argument or information to criteria for EPA to apply in these future variation would undercut, possibly continue with a required period for new non-rulemaking actions. These criteria negate, the opportunity for cost opt-in areas. The program which began address when a state’s petition is recovery, create investment in 1995 has remained very stable with complete and the appropriate transition uncertainties and instability that EPA is only one new opt-in. If a few areas were time under the regulations. This trying to avoid through this rulemaking, to opt-in the future, they may well be application of regulatory criteria on a and is inconsistent with the rationale located near a pipeline or appropriate case by case basis to future individual underlying the rest of the proposal. infrastructure to meet the new demand situations does not require notice and Most comments from industry agreed without additional refinery investments. comment rulemaking, either under with the association’s argument against However, if new areas opt in remote section 307(d) of the Clean Air Act or the variation. One RFG supplier, locations or if there are numerous new the Administrative Procedure Act. however, commented that such a areas, industry may need to make The EPA believes the petition variation is important to state, local, and unanticipated investments which could approach is the most appropriate as it consumer involvement to have every impact the price of RFG. In this latter will allow for expeditious and incentive to reach attainment instance a rolling period may be consistent Agency action on the classification as soon as possible. necessary. individual opt-out requests presented by The EPA believes that this variation EPA believes that based on states. It also provides greater certainty could jeopardize the intent of the rule information available today there is not in the market than individual and thus is not including it in the final sufficient justification to include a rulemakings could provide. Lastly, it rule. While the Agency agrees that states rolling period in this final rule. provides quick approval for opt-out should have every incentive to reach However, since the Agency is requests while maintaining a sufficient attainment, EPA does not believe this committed to ensuring a cost-effective transition period to minimize costly variation provides an incentive great RFG program to achieve air quality market disruptions. In certain cases, the enough to outweigh the risk of goals, EPA will take any necessary affected parties will be able to comment undercutting the purpose of the rule. If action in the future if new information on the state action. In those states where some states have areas that are indicates a rolling period is warranted. the RFG program is included as a part redesignated to attainment during the of an approved state implementation required participation period, their state II. Environmental Impact plan (SIP), affected parties that are implementation plans (SIP), if If an area opts out of the RFG concerned with the impacts of an opt- applicable, would need to be revised. program, it will not receive the out would have the opportunity to Even if these processes were completed reductions in VOCs, oxides of nitrogen comment on a state’s revised plan that within the required period, it is likely (NOX), and air toxics that are expected removes RFG as an air control measure. that the state would need to retain RFG from this program. Instead, the areas At a state’s request, the opt-out could in its maintenance plan to remain in would be subject to the federal controls be effective later than 90 days after attainment. Thus this variation would on Reid vapor pressure for gasoline in approval of the petition or revised SIP. not necessarily provide an additional the summertime, and would only Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations 54557 receive control of NOx and air toxics under the terms of Executive Order With respect to the portion of today’s through the requirements of the 12866 and is therefore not subject to final rule which would apply to opt-out conventional gasoline anti-dumping OMB review. requests applied for on or after January program. These latter requirements are 1, 2004, the final rule is not expected to IV. Unfunded Mandates designed to ensure that gasoline quality result in any additional compliance cost does not degrade from the levels found Under Section 202 of the Unfunded to regulated parties and in fact is in 1990. These areas would be foregoing Mandates Reform Act of 1995 expected to decrease compliance costs the air quality benefits obtained from (‘‘UMRA’’), P.L. 104–4, EPA must to those entities who previously the use of RFG. prepare a budgetary impact statement to supplied RFG to the area opting out. In this final rule, EPA continues to accompany any general notice of final This rule also establishes a transition recognize that states have the primary rulemaking or final rule that includes a period which maximizes affected responsibility to develop the mix of Federal mandate which may result in parties’ ability to plan for smooth control strategies needed to attain and estimated costs to State, local, or tribal transition from the RFG program, maintain the NAAQS, and should have governments in the aggregate, or to the minimizing disruption to the motor flexibility in determining the mix of private sector, of $100 million or more. gasoline marketplace. This transition control measures needed to meet their Under Section 205, for any rule subject period is reasonably expected to allow air pollution goals. However, the final to Section 202 EPA generally must parties to turn over existing stocks of rule also seeks to ensure through the select the least costly, most cost- RFG to conventional gasoline. required participation period that the effective, or least burdensome VI. Paperwork Reduction Act potential for a state to decide to opt-out alternative that achieves the objectives of Phase II of the RFG program does not of the rule and is consistent with This action does not add any new cause adverse impacts on the market statutory requirements. Under Section requirements under the provisions of demand for Phase II RFG during the 203, before establishing any regulatory the Paperwork Reduction Act, 44 U.S.C. initial years of the program and thus requirements that may significantly or 3501 et seq. The Office of Management maintains the cost-effectiveness of the uniquely affect small governments, EPA and Budget (OMB) has approved the RFG program. EPA expects that states must take steps to inform and advise information collection requirements will in fact act prudently in exercising small governments of the requirements contained in the final FRG/anti- their ability to opt-out under these rules. and enable them to provide input. dumping rule and has assigned OMB control number 2060–0277 (EPA ICR Any environmental impacts of opting EPA has determined that today’s final No. 1591.03). out are, therefore, not expected to occur rule does not trigger the requirements of in isolation, but in a context of states Burden means the total time, effort, or UMRA. The rule does not include a financial resources expended by persons exercising their responsibility and Federal mandate that may result in developing appropriate control to generate, maintain, retain, or disclose estimated annual costs to State, local or or provide information to or for a strategies for their areas’ air pollution tribal governments in the aggregate, or goals. Federal agency. This includes the time to the private sector, of $100 million or needed to review instructions; develop, III. Executive Order 12866 more, and it does not establish acquire, install, and utilize technology regulatory requirements that may Under Executive Order 12866,2 the and systems for the purposes of significantly or uniquely affect small collecting, validating, and verifying Agency must determine whether a governments. regulation is ‘‘significant’’ and therefore information, processing and subject to OMB review and the V. Economic Impact and Impact on maintaining information, and disclosing requirements of the Executive Order. Small Entities and providing information; adjust the existing ways to comply with any The Order defines ‘‘significant The Administrator has determined regulatory action’’ as one that is likely previously applicable instructions and that this rule will not have a significant requirements; train personnel to be able to result in a rule that may: impact on a substantial number of small (1) Have an annual effect on the to respond to a collection of entities. A regulatory flexibility analysis information; search data sources; economy of $100 million or more, or has therefore not been prepared. This adversely affect in a material way the complete and review the collection of final rule is not expected to result in any information; and transmit or otherwise economy, a sector of the economy, additional compliance cost to regulated productivity, competition, jobs, the disclose the information. parties and in fact is expected to An Agency may not conduct or environment, public health or safety, or decrease compliance costs and decrease State, local or tribal governments of sponsor, and a person is not required to costs to consumers in the affected areas respond to a collection of information communities; by providing more certainty for (2) Create a serious inconsistency or unless it displays a currently valid OMB regulated parties. This final rule otherwise interfere with an action taken control number. The OMB control imposes no new requirements on states. or planned by another agency; numbers for EPA’s regulations are listed (3) Materially alter the budgetary With respect to the portion of today’s in 40 CFR Part 9 and 48 CFR Chapter impact of entitlements, grants, user fees, action which requires participation 15. or loan programs or the rights and until January 1, 2004, of opt-in areas unless they request to opt-out prior to VII. Submission to Congress and the obligations of recipients thereof, or General Accounting Office (4) Raise novel legal or policy issues January 1, 1998, today’s final rule is not arising out of legal mandates, the expected to result in any additional Under 5 U.S.C. 801(a)(1)(A) as added President’s priorities, or the principles compliance cost to regulated parties. It by the Small Business Regulatory set forth in this Executive Order.3 does no more than maintain the status Enforcement Fairness Act of 1996, EPA It has been determined that this rule quo for those entities who have been submitted a report containing this rule is not a ‘‘significant regulatory action’’ supplying RFG to the RFG opt-in areas and other required information to the and imposes no additional requirements U.S. Senate, the U.S. House of 2 See 58 FR 51735 (October 4, 1993). on parties that must comply with the Representatives and the Comptroller 3 Id. at section 3(f)(1)–(4). RFG regulations. General of the General Accounting 54558 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations Office prior to publication of the rule in as provided in paragraphs (c)(2) and (c)(5) of this section, the Administrator today’s Federal Register. This rule is (c)(3) of this section, the Administrator shall set an effective date for removal of not a ‘‘major rule’’ as defined by 5 shall set an effective date for removal of an area under paragraph (a) of this U.S.C. 804(2). an area under paragraph (a) of this section as requested by the Governor but section as requested by the Governor, no earlier than January 1, 2004 or 90 List of Subjects in 40 CFR Part 80 but no less than 90 days from the days from the Agency’s written Environmental protection, Fuel Agency’s written notification to the state notification to the state approving the additives, Gasoline, Imports, Motor approving the opt-out petition, and no opt-out petition, whichever date is later. vehicle pollution, Penalties, Reporting later than December 31, 1999. (5) For opt-out petitions received and recordkeeping requirements. (2) For opt-out petitions received on January 1, 1998 through December 31, Dated: October 9, 1997. or before December 31, 1997, except as 2003, where RFG is contained as an provided in paragraph (c)(3) of this Carol M. Browner, element of any plan or plan revision section, where RFG is contained as an Administrator. that has been approved by the Agency, element of any plan or plan revision other than as a contingency measure Final Rulemaking that has been approved by the Agency, consisting of a future opt-in, then the Accordingly, 40 CFR part 80 is other than as a contingency measure effective date for removal of an area amended as follows: consisting of a future opt-in, then the under paragraph (a) of this section shall effective date under paragraph (a) of this be the date requested by the Governor, PART 80ÐREGULATION OF FUELS section shall be the date requested by but no earlier than January 1, 2004, or AND FUEL ADDITIVES the Governor, but no less than 90 days 90 days from the effective date of from the effective date of Agency Agency approval of a revision to the 1. The authority citation for part 80 approval of a revision to the plan that continues to read as follows: plan that removes RFG as a control removes RFG as a control measure. measure, whichever date is later. Authority: Secs. 114, 211, and 301(a) of the (3)(i) The Administrator may extend Clean Air Act, as amended (42 U.S.C. 7414, the deadline for submitting opt-out (6) For opt-out petitions received on 7545 and 7601(a)). petitions in paragraphs (c)(1) and (2) of or after January 1, 2004, except as provided in paragraph (c)(7) of this 2. Section 80.72 is amended by this section for a state if: section, the Administrator shall set an revising paragraphs (a) and (c) to read as (A) The Governor or his authorized effective date for removal of an area as follows: representative requests an extension prior to December 31, 1997; requested by the Governor, but no less § 80.72 Procedures for opting out of the (B) The request indicates that there is than 90 days from the Agency’s written covered areas. active or pending legislation before the notification to the state approving the (a) In accordance with paragraph (b) state legislature that was introduced opt-out petition. of this section, the Administrator may prior to March 28, 1997; (7) For opt-out petitions received on approve a petition from a state asking (C) The legislation is concerning or after January 1, 2004, where RFG is for removal of any opt-in area, or opting out of or remaining in the contained as an element of any plan or portion of an opt-in area, from inclusion reformulated gasoline program; and plan revision that has been approved by as a covered area under § 80.70. If the (D) The request demonstrates that the the Agency, other than as a contingency Administrator approves a petition, he or legislation cannot reasonably be acted measure consisting of a future opt-in, she shall set an effective date as upon prior to December 31, 1997. then the effective date for removal of an (ii) The Administrator may extend the provided in paragraph (c) of this area under paragraph (a) of this section deadline until no later than May 31, section. The Administrator shall notify shall be the date requested by the 1998. If the deadline is extended, then the state in writing of the Agency’s Governor, but no less than 90 days from opt-out requests from that state received action on the petition and the effective the effective date of Agency approval of during the extension shall be considered date of the removal when the petition is a revision to the plan that removes RFG under the provisions of paragraphs approved. as a control measure. (c)(1) and (2) of this section. * * * * * (4) For opt-out petitions received * * * * * (c)(1) For opt-out petitions received January 1, 1998 through December 31, [FR Doc. 97–27725 Filed 10–17–97; 8:45 am] on or before December 31, 1997, except 2003, except as provided in paragraph BILLING CODE 6560±50±P federal register October 20,1997 Monday Colombia Narcotics TraffickersCenteredin of EmergencyWithRespecttoSignificant Notice ofOctober17,1997ÐContinuation The President Part V 54559 54561 Federal Register Presidential Documents Vol. 62, No. 202 Monday, October 20, 1997 Title 3— Notice of October 17, 1997 The President Continuation of Emergency With Respect to Significant Nar- cotics Traffickers Centered in Colombia On October 21, 1995, by Executive Order 12978, I declared a national emergency to deal with the unusual and extraordinary threat to the national security, foreign policy, and economy of the United States constituted by the actions of significant foreign narcotics traffickers centered in Colombia, and the unparalleled violence, corruption, and harm that they cause in the United States and abroad. The order blocks all property and interests in property of foreign persons listed in an Annex to the order, as well as foreign persons determined to play a significant role in international narcotics trafficking centered in Colombia, to materially assist in, or provide financial or technological support for or goods or services in support of, the narcotics trafficking activities of persons designated in or pursuant to the order, or to be owned or controlled by, or to act for or on behalf of, persons designated in or pursuant to the order. The order also prohibits any transaction or dealing by United States persons or within the United States in such property or interests in property. Because the activities of significant narcotics traffickers centered in Colombia continue to threaten the national security, foreign policy, and economy of the United States and to cause unparalleled violence, corruption, and harm in the United States and abroad, the national emergency declared on October 21, 1995, and the measures adopted pursuant thereto to deal with that emergency, must continue in effect beyond October 21, 1997. Therefore, in accordance with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing the national emergency for 1 year with respect to significant narcotics traffickers centered in Colombia. This notice shall be published in the Federal Register and transmitted to the Congress. œ– THE WHITE HOUSE, October 17, 1997. [FR Doc. 97–27936 Filed 10–17–97; 10:37 am] Billing code 3195–01–P federal register October 20,1997 Monday Appropriations Act,1998;Notices Act; EnergyandWaterDevelopment Cancellation PursuanttoLineItemVeto Budget Management and Office of Part VI 54563 54564 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Notices OFFICE OF MANAGEMENT AND Cancellation No. 97–57 1(F). Adjustments to Non-Defense BUDGET CANCELLATION OF DOLLAR Discretionary Spending Limits AMOUNT OF DISCRETIONARY Budget authority: ¥$3,500 thousand Cancellation Pursuant to Line Item BUDGET AUTHORITY in FY 1998. Veto Act; Energy and Water Outlays: The estimated outlay effect Development Appropriations Act, 1998 Report Pursuant to the Line Item Veto for each year is shown above. Act, P.L. 104–130 October 17, 1997. Evaluation of Effects of These Bill Citation: ‘‘Energy and Water Adjustments upon Sequestration One Special Message from the Procedures: If a sequestration were President under the Line Item Veto Act Development Appropriations Act, 1998’’ (H.R. 2203). required, such sequestration would is published below. The President occur at levels that are reduced by the signed this message on October 17, 1(A). Dollar Amount of Discretionary Budget Authority: $3,500 thousand for amounts above. 1997. Under the Act, the message is 2(A). Agency: Army Corps of Lake George, Hobart, Indiana on pages required to be printed in the Federal Engineers. Register (2 U.S.C. 691a(c)(2)). 3 and 54 of House Report 105–271, 2(A). Bureau: n/a. Clarence C. Crawford, dated September 26, 1997. 2(A). Governmental Function/Project Associate Director for Administration. 1(B). Determinations: This (Account): Dredging of Lake George, cancellation will reduce the Federal Hobart, Indiana (Construction, General). budget deficit, will not impair any 2(B). States and Congressional essential Government functions, and Districts Affected: Indiana, 1st THE WHITE HOUSE, will not harm the national interest. Washington, Congressional District. October 17, 1997. 1(C), (E). Reasons for Cancellation; 2(C). Total Number of Cancellations (inclusive) in Current Session in each Dear Mr. President: Facts, Circumstances, and In accordance with the Line Item Veto Act, Considerations Relating to or Bearing State and District identified above: I hereby cancel the dollar amounts of Upon the Cancellation; and Estimated Indiana: three; 1st District: one. discretionary budget authority, as specified Effect of Cancellation on Objects, Cancellation No. 97–58 in the attached reports, contained in the Purposes, and Programs: The Lake ‘‘Energy and Water Development George, Hobart, Indiana, project, which CANCELLATION OF DOLLAR Appropriations Act, 1998’’ (H.R. 2203, would require total Federal funding of AMOUNT OF DISCRETIONARY approved October 13, 1997). I have $3.5 million, would have the Army BUDGET AUTHORITY determined that the cancellation of these Corps of Engineers fund dredging and amounts will reduce the Federal budget Report Pursuant to the Line Item Veto deficit, will not impair any essential construction of sediment traps to reduce Act, P.L. 104–130 further sediment build-up of a Government functions, and will not harm the Bill Citation: ‘‘Energy and Water recreation lake owned and operated by national interest. This letter, together with its Development Appropriations Act, 1998’’ the City of Hobart. This Administration attachments, constitutes a special message (H.R. 2203). under section 1022 of the Congressional and previous Administrations have 1(A). Dollar Amount of Discretionary Budget and Impoundment Control Act of given low priority to Corps participation 1974, as amended. Budget Authority: $800 thousand for in projects whose primary benefits are Neabsco Creek, Virginia, on page 56 of Sincerely, local recreation. Generally, the Corps William J. Clinton House Report 105–271, dated September will build cost-shared recreation 26, 1997. The Honorable Albert Gore, Jr., facilities only if it is a relatively small 1(B). Determinations: This President of the Senate, Washington, D.C. part of a Federal project that focuses on cancellation will reduce the Federal 20510. one or more of the Corps’ primary budget deficit, will not impair any missions (e.g., flood control, essential Government functions, and navigation). Since the primary purpose will not harm the national interest. THE WHITE HOUSE, of this project is to enhance local 1(C), (E). Reasons for Cancellation; Washington, recreation opportunities at a non- October 17, 1997. Facts, Circumstances, and Federal lake, it should be undertaken by Considerations Relating to or Bearing Dear Mr. Speaker: local interests. Upon the Cancellation; and Estimated In accordance with the Line Item Veto Act, 1(D). Estimated Fiscal, Economic, and I hereby cancel the dollar amounts of Effect of Cancellation on Objects, discretionary budget authority, as specified Budgetary Effect of Cancellation: As a Purposes, and Programs: The Neabsco in the attached reports, contained in the result of the cancellation, Federal Creek Flood Control Project, Prince ‘‘Energy and Water Development outlays will not increase, as specified William County, Virginia, which would Appropriations Act, 1998’’ (H.R. 2203, below. This will have a commensurate require total Federal funding of over $1 approved October 13, 1997). I have effect on the Federal budget deficit and, million, would have the Army Corps of determined that the cancellation of these to that extent, will have a beneficial Engineers remove creek debris and amounts will reduce the Federal budget effect on the economy. accumulated sediment from the channel deficit, will not impair any essential of Neabsco Creek. The Corps of Government functions, and will not harm the Outlay changes national interest. This letter, together with its Engineers previously conducted studies attachments, constitutes a special message [In thousands of dollars] under two of its program authorities under section 1022 of the Congressional (Sections 205 and 208) to determine Budget and Impoundment Control Act of Fiscal year: whether a project could be developed 1974, as amended. 1998 ...... ¥2,100 that is technically and economically Sincerely, 1999 ...... ¥1,400 feasible, environmentally acceptable, 2000 ...... William J. Clinton 2001 ...... and is consistent with Administration The Honorable Newt Gingrich, 2002 ...... policies. Both studies concluded that no Speaker of the House of Representatives, economically justified project could be Washington, D.C. 20515. Total ...... ¥3,500 developed for this area. In fact, the Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Notices 54565 studies concluded that the Federal Basin, Mississippi, on pages 6, 34, and Outlay changes—Continued investment would return less than 50 58 of House Report 105–271, dated [In thousands of dollars] cents on the dollar (national benefit— September 26, 1997. cost ratio of less than 0.5 to 1.0). The 1(B). Determinations: This 2001 ...... Administration previously informed cancellation will reduce the Federal 2002 ...... Congress that it opposed authorization budget deficit, will not impair any Total ...... ¥1,900 of this project during Congressional essential Government functions, and consideration of the Water Resources will not harm the national interest. 1(F). Adjustments to Non-Defense Development Act of 1996. 1(C), (E). Reasons for Cancellation; Discretionary Spending Limits 1(D). Estimated Fiscal, Economic, and Facts, Circumstances, and Budget authority: ¥$1,900 thousand Budgetary Effect of Cancellation: As a Considerations Relating to or Bearing in FY 1998. result of the cancellation, Federal Upon the Cancellation; and Estimated Outlays: The estimated outlay effect outlays will not increase, as specified Effect of Cancellation on Objects, for each year is shown above. below. This will have a commensurate Purposes, and Programs: The Sardis Evaluation of Effects of These effect on the Federal budget deficit and, Lake, Mississippi, project, which would Adjustments upon Sequestration to that extent, will have a beneficial require an estimated total Federal Procedures: If a sequestration were effect on the economy. funding of $4 million ($2.1 million was required, such sequestration would appropriated in FY 1997), would have occur at levels that are reduced by the Outlay changes the Army Corps of Engineers dredge at amounts above. [In thousands of dollars] full Federal expense a section of Sardis 2(A). Agency: Army Corps of Lake to create a marina basin for leisure Engineers. Fiscal year: craft and recreational opportunities. 2(A). Bureau: n/a. 1998 ...... ¥480 This Administration and previous 2(A). Governmental Function/Project 1999 ...... ¥320 Administrations have given low priority (Account): Dredging of section of Sardis 2000 ...... to Corps participation in projects whose Lake, Mississippi (Flood Control, 2001 ...... primary benefits are local recreation. Mississippi River and Tributaries, 2002 ...... Generally, the Corps will build cost- Arkansas, Illinois, Kentucky, Louisiana, Total ...... ¥800 shared recreation facilities only if it is Mississippi, Missouri, and Tennessee). a relatively small part of a project that 2(B). States and Congressional 1(F). Adjustments to Non-Defense focuses on one or more of the Corps’ Districts Affected: Mississippi, 1st and Discretionary Spending Limits primary missions (e.g., flood control, 4th Congressional Districts. Budget authority: ¥$800 thousand in commercial navigation). Since the 2(C). Total Number of Cancellations FY 1998 primary purpose of this project is to (inclusive) in Current Session in each Outlays: The estimated outlay effect enhance local recreation navigation, it State and District identified above: for each year is shown above. should be undertaken by local interests. Mississippi: one; 1st District: one; 4th Evaluation of Effects of These Furthermore, it is premature to begin District: one. Adjustments upon Sequestration construction of this project. The Army Cancellation No. 97–60 Procedures: If a sequestration were Corps of Engineers has not completed required, such sequestration would the normal project planning and review CANCELLATION OF DOLLAR occur at levels that are reduced by the process applied to all such projects to AMOUNT OF DISCRETIONARY amounts above. determine whether the project is BUDGET AUTHORITY 2(A). Agency: Army Corps of technically and economically feasible, Report Pursuant to the Line Item Veto Engineers. environmentally acceptable, and is Act, P.L. 104–130 2(A). Bureau: n/a. consistent with Administration policies. 2(A). Governmental Function/Project Completing this process helps ensure Bill Citation: ‘‘Energy and Water (Account): Removal of debris and that Federal funds are used only to Development Appropriations Act, 1998’’ sediment from the channel of Neabsco construct projects that generate a (H.R. 2203). Creek, Virginia (Construction, General). positive economic return to the Nation 1(A). Dollar Amount of Discretionary 2(B). States and Congressional and meet all environmental Budget Authority: $800 thousand for Districts Affected: Virginia, 11th requirements. Chena River Dredging, Fairbanks, Congressional District. Finally, this project has not been Alaska on page 7, 35, and 58 of House 2(C). Total Number of Cancellations subject to the normal Congressional Report 105–271, dated September 26, (inclusive) in Current Session in each hearing and authorization process. 1997. State and District identified above: 1(D). Estimated Fiscal, Economic, and 1(B). Determinations: This Virginia: four; 11th District: one. Budgetary Effect of Cancellation: As a cancellation will reduce the Federal budget deficit, will not impair any Cancellation No. 97–59 result of the cancellation, Federal outlays will not increase, as specified essential Government functions, and CANCELLATION OF DOLLAR below. This will have a commensurate will not harm the national interest. AMOUNT OF DISCRETIONARY effect on the Federal budget deficit and, 1(C), (E). Reasons for Cancellation; BUDGET AUTHORITY to that extent, will have a beneficial Facts, Circumstances, and effect on the economy. Considerations Relating to or Bearing Report Pursuant to the Line Item Veto Upon the Cancellation; and Estimated Act, P.L. 104–130 Outlay changes Effect of Cancellation on Objects, Bill Citation: ‘‘Energy and Water [In thousands of dollars] Purposes, and Programs: The Chena Development Appropriations Act, 1998’’ River Dredging, Fairbanks, Alaska, (H.R. 2203). Fiscal year: project, which would require total 1(A). Dollar Amount of Discretionary 1998 ...... ¥1,425 Federal funding of $800 thousand, Budget Authority: $1,900 thousand for 1999 ...... ¥475 would have the Army Corps of Sardis Lake (Shady Cove Marina), Yazoo 2000 ...... Engineers dredge at full Federal expense 54566 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Notices a recreation channel for use by a single Chena River, Fairbanks, Alaska policies. Completing this process helps tour boat operator. There is no (Operation and Maintenance, General). ensure that Federal funds are used only authorized Army Corps of Engineers 2(B). States and Congressional to construct projects that generate a navigation project in the area. This Districts Affected: Alaska, positive economic return to the Nation Administration and previous Representative At Large. and meet all environmental Administrations have given low priority 2(C). Total Number of Cancellations requirements. to Corps participation in projects whose (inclusive) in Current Session in each 1(D). Estimated Fiscal, Economic, and primary benefits are local recreation. State and District identified above: Budgetary Effect of Cancellation: As a Generally, the Corps will participate in Alaska: one. result of the cancellation, Federal a recreation features only if it is a Cancellation No. 97–61 outlays will not increase, as specified relatively small part of a project that below. This will have a commensurate focuses on one or more of the Corps’ CANCELLATION OF DOLLAR effect on the Federal budget deficit and, primary missions (e.g., flood control, AMOUNT OF DISCRETIONARY to that extent, will have a beneficial commercial navigation). Since the BUDGET AUTHORITY effect on the economy. primary purpose of this project is to Report Pursuant to the Line Item Veto enhance local recreation navigation, it Act, P.L. 104–130 Outlay changes should be undertaken by local interests. Bill Citation: ‘‘Energy and Water [In thousands of dollars] In addition, it is premature to begin Development Appropriations Act, 1998’’ construction of this project. This project Fiscal year: (H.R. 2203). has not completed the normal Corps of 1998 ...... ¥3,600 1(A). Dollar Amount of Discretionary Engineers project planning and review 1999 ...... ¥2,400 Budget Authority: $6,000 thousand for process applied to all Corps projects to 2000 ...... Allegheny River (Kittanning Riverfront determine whether the project is 2001 ...... Park), Pennsylvania, on pages 7, 35, and technically and economically feasible, 2002 ...... 65 of House Report 105–271, dated environmentally acceptable, and is September 26, 1997. Total ...... ¥6,000 consistent with Administration policies. 1(B). Determinations: This Completing this process helps ensure 1(F). Adjustments to Non-Defense cancellation will reduce the Federal Discretionary Spending Limits that Federal funds are used only to budget deficit, will not impair any construct projects that generate a essential Government functions, and Budget authority: ¥$6,000 thousand positive economic return to the Nation will not harm the national interest. in FY 1998. and meet all environmental 1(C), (E). Reasons for Cancellation; Outlays: The estimated outlay effect requirements. Facts, Circumstances, and for each year is shown above. 1(D). Estimated Fiscal, Economic, and Considerations Relating to or Bearing Evaluation of Effects of These Budgetary Effect of Cancellation: As a Upon the Cancellation; and Estimated Adjustments upon Sequestration result of the cancellation, Federal Effect of Cancellation on Objects, Procedures: If a sequestration were outlays will not increase, as specified Purposes, and Programs: The Allegheny required, such sequestration would below. This will have a commensurate River (Kittanning River Front Park), occur at levels that are reduced by the effect on the Federal budget deficit and, Pennsylvania, project, which would amounts above. to that extent, will have a beneficial require total Federal funding of $6 2(A). Agency: Army Corps of effect on the economy. million, would have the Army Corps of Engineers. 2(A). Bureau: n/a. Outlay changes Engineers dredge at full Federal expense a new recreation channel to allow 2(A). Governmental Function/Project [In thousands of dollars] passenger boat operators access to (Account): Dredging of channel on Kittanning Riverfront Park. There is no Allegheny River, Pennsylvania Fiscal year: Federal channel there now. This (Operation and Maintenance, General). 1998 ...... ¥480 2(B). States and Congressional Administration and previous 1999 ...... ¥320 Districts Affected: Pennsylvania, 12th Administrations have given low priority 2000 ...... Congressional District. 2001 ...... to Corps participation in projects whose 2(C). Total Number of Cancellations 2002 ...... primary benefits are local recreation. (inclusive) in Current Session in each Generally, the Corps will build cost- State and District identified above: Total ...... ¥800 shared recreation facilities only if it is Pennsylvania: four; 12th District: three. 1(F). Adjustments to Non-Defense a relatively small part of a Federal Discretionary Spending Limits project that focuses on one or more of Cancellation No. 97–62 Budget authority: ¥$800 thousand in the Corps’ primary missions (e.g., flood CANCELLATION OF DOLLAR FY 1998 control, commercial navigation). Since AMOUNT OF DISCRETIONARY Outlays: The estimated outlay effect the primary purpose of this project is to BUDGET AUTHORITY for each year is shown above. enhance local recreation navigation separable from the existing Federal Report Pursuant to the Line Item Veto Evaluation of Effects of These Act, P.L. 104–130 Adjustments upon Sequestration channel, it should be undertaken by Procedures: If a sequestration were local interests. Further, it is premature Bill Citation: ‘‘Energy and Water required, such sequestration would to fund construction of this project. This Development Appropriations Act, 1998’’ occur at levels that are reduced by the project has not completed the normal (H.R. 2203). amounts above. Corps of Engineers project planning and 1(A). Dollar Amount of Discretionary 2(A). Agency: Army Corps of review process applied to all Corps Budget Authority: $ 1,000 thousand and Engineers. projects to determine whether the $300 thousand, In-situ Copper Mining 2(A). Bureau: n/a. project is technically and economically Research Project, on page 69 of House 2(A). Governmental Function/Project feasible, environmentally acceptable, Report 105–271, dated September 26, (Account): Dredging of channel on and is consistent with Administration 1997. Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Notices 54567 1(B). Determinations: This 1(F). Adjustments to Non-Defense consortium indicated that this would be cancellation will reduce the Federal Discretionary Spending Limits a 4-year program with a total estimated budget deficit, will not impair any Budget authority: -$1,300 thousand in Federal cost of $15 million, so most of essential Government functions, and FY 1998. the program costs would be incurred in will not harm the national interest. Outlays: The estimated outlay effect FY 1999–2001. 1(C), (E). Reasons for Cancellation: for each year is shown above. There is substantial private-sector Facts, Circumstances, and Evaluation of Effects of These incentive to engage in this development, Considerations Relating to or Bearing Adjustments upon Sequestration and a Federal subsidy is unnecessary. Upon the Cancellation; and Estimated Procedures: If a sequestration were The Department of Energy eliminated Effect of Cancellation on Objects, required, such sequestration would their electric transmission-line R&D Purposes, and Programs: The purpose occur at levels that are reduced by the program several years ago, so of this project has been to demonstrate amounts above. cancellation of these funds would have the technical, economic, and 2(A). Agency: Department of the no effect on on-going programs at the environmental feasibility of in-place Interior. Department of Energy. recovery of low-grade, copper oxide 2(A). Bureau: Bureau of Reclamation. 1(D): Estimated Fiscal, Economic, and material. The total cost to date of this 2(A). Governmental Function/Project Budgetary Effect of Cancellation: As a demonstration project, which was (Account): In-situ Copper Mining result of this cancellation, Federal initially funded in FY 1988 as a Bureau Research Project, Applied Science and outlays will not increase, as specified of Mines research project, is $31.7 Technology Development Program below. Future outlays of $14 million million. Federal funding to date totals (Water and Related Resources). may also potentially be avoided. This $26.5 million, including $16.8 million 2(B). States and Congressional will have a commensurate effect on the for contract work with the private Districts Affected: Arizona, 5th and 6th Federal budget deficit and, to that partners and $9.7 million for in-house Congressional Districts. extent, will have a beneficial effect on Federal research. 2(C). Total Number of Cancellations the economy. Federal funding of this demonstration (inclusive) in Current Session in each effort is no longer justified. The State and District identified above: Outlay changes demonstration facility began operations Arizonia: one; 5th District: one; 6th [In thousands of dollars] in February 1996 and test data have District: one. been furnished to the Bureau of Cancellation No. 97–63 Fiscal year: Reclamation since that time and will 1998 ...... ¥450 CANCELLATION OF DOLLAR 1999 ...... ¥400 continue to be furnished from tests AMOUNT OF DISCRETIONARY 2000 ...... conducted prior to close-out. The FY BUDGET AUTHORITY 2001 ...... 1996 appropriation for the Bureau of 2002 ...... Mines included funds to close out the Report Pursuant to the Line Item Veto In-situ Copper Mining demonstration Act, P.L. 104–130 Total ...... ¥1,000 project. The Bureau of Reclamation Bill Citation: Energy and Water 2(A). Agency: Department of Energy. assumed oversight responsibility for Development Appropriations Act, 1998 Bureau: Energy Efficiency and close out of this project in February (H.R. 2203) Renewable Energy. 1996. Additional funding beyond FY 1(A). Dollar Amount of Discretionary Governmental Function/Project 1996 was not needed to complete this Budget Authority: $1,000 thousand for a (Account): Energy/Solar and Renewable orderly close out and was not requested research and development partnership Energy/Electric Energy Systems (Energy in either the President’s FY 1997 or FY to manufacture electric transmission Supply). 1998 Budgets, although Congress added lines using aluminum matrix composite 2(B). States and Congressional funds in both years. The private cost- materials on page 82 of House Report Districts Affected: Minnesota, 5th sharing partners will keep the $5 105–271, dated September 26, 1997. Congressional District. million demonstration facility after 1(B). Determinations: This 2(C). Total Number of Cancellations close-out and can continue the cancellation will reduce the Federal (Inclusive) in Current Session in each demonstration effort if they believe it is budget deficit, will not impair any State and District Indicated Above: warranted. essential Government functions, and Minnesota: one; 5th District: one. 1(D). Estimated Fiscal, Economic, and will not harm the national interest. Cancellation No. 97–64 Budgetary Effect of Cancellation: As a 1(C), (E). Reasons for Cancellation; CANCELLATION OF DOLLAR result of the cancellation, Federal Facts, Circumstances, and AMOUNT OF DISCRETIONARY outlays will not increase, as specified Considerations Relating to or Bearing BUDGET AUTHORITY below. This will have a commensurate Upon the Cancellation; and Estimated effect on the Federal budget deficit and, Effect of Cancellation on Objects, Report Pursuant to the Line Item Veto to that extent, will have a beneficial Purposes, and Programs: The Act, P.L. 104–130 effect on the economy. provisions would start a program to Bill Citation: ‘‘Energy and Water fund cost-shared development of high- Development Appropriations Act, 1998’’ Outlay changes voltage power cables that use aluminum (H.R. 2203). [In thousands of dollars] matrix composites (ceramic fibers glued 1(A). Dollar Amount of Discretionary together with aluminum) for the support Budget Authority (thousands): $4,000 Fiscal year: member rather than steel as is the thousand for the Nuclear Regulatory 1998 ...... ¥1,053 current practice. This would provide Commission to license a multi-purpose 1999 ...... ¥247 first-year funding for a program that has 2000 ...... canister design on page 13 of House 2001 ...... been proposed by a private consortium Report 105–271, dated September 26, 2002 ...... of manufacturing companies and 1997. utilities. Materials previously provided 1(B). Determinations: This Total ...... ¥1,300 to the Department of Energy by the cancellation will reduce the Federal 54568 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Notices budget deficit, will not impair any the absence of this provision, can expect Outlay changes—Continued essential Government functions, and to pay between $400,000 and $600,000 [In thousands of dollars] will not harm the national interest. to NRC to complete the 2–3 year 1(C), (E). Reasons for Cancellation; certification process for each Total ...... ¥4,000 Facts, Circumstances, and application. (Dual purpose canisters can 1(F). Adjustments to Non-Defense Considerations Relating to or Bearing be used for temporary storage and Discretionary Spending Limits Upon the Cancellation; and Estimated transportation but not permanent Effect of Cancellation on Objects, disposal of spent nuclear fuel.) Budget authority: ¥$4,000 thousand Purposes, and Programs: The provision Second, it will be impossible for the in FY 1998. would require the Department of Energy NRC to certify or license an MPC until Outlays: The estimated outlay effect (DOE) to provide the Nuclear Regulatory the Federal government selects a for each year is shown above. Commission (NRC) $4 million to license permanent disposal site and the NRC Evaluation of Effects of These a multi-purpose canister (MPC) design. agrees to the waste acceptance criteria Adjustments upon Sequestration Multi-purpose canisters are expected to for the disposal canisters to be placed at Procedures: If a sequestration were be used for temporary storage, that site. Under current DOE plans, the required, such sequestration would transportation, and permanent disposal Federal government will not decide on occur at levels that are reduced by the of spent nuclear fuel (SNF) from a permanent nuclear waste disposal site amounts above. commercial nuclear power plants and until at least 2001. 2(A). Agency: Department of Energy high level waste from the DOE nuclear 1(D). Estimated Fiscal, Economic, and and Nuclear Regulatory Commission. weapons complex. Budgetary Effect of Cancellation: As a 2(A). Bureau: Department of Energy/ The provision is objectionable for two Office of Civilian Radioactive Waste reasons. First, it constitutes an result of the cancellation, Federal outlays will not increase, as specified Management. unwarranted corporate subsidy and 2(A). Governmental Function/Project would undermine current legal below. This will have a commensurate effect on the Federal budget deficit and, (Account): Nuclear Regulatory requirements that the NRC recover Commission multipurpose canister virtually 100 percent of its costs of to that extent, will have a beneficial effect on the economy. licensing (Nuclear Waste Disposal operation through charging fees to Fund). licensees. The NRC currently awards Outlay changes 2(B). States and Congressional Certificates of Compliance (‘‘licenses’’ Districts Affected: All. or ‘‘COCs’’) to canister designers on a [In thousands of dollars] 2(C). Total Number of Cancellations cost-reimbursable basis, as required by (inclusive) in Current Session in each law. Five of the six known spent fuel Fiscal year: State and District identified above: The storage and transportation cask vendors 1998 ...... 1999 ...... provision would have had a national in the United States have already 2000 ...... effect. submitted applications for certification 2001 ...... ¥2,000 for dual-purpose (as opposed to multi- 2002 ...... ¥2,000 [FR Doc. 97–28061 Filed 10–17–97; 4:36 pm] purpose) canisters to the NRC and, in BILLING CODE 3110±01±P i Reader Aids Federal Register Vol. 62, No. 202 Monday, October 20, 1997 CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING OCTOBER Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202±523±5227 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since E-mail [email protected] the revision date of each title. 13015 (Revoked by Laws 3 CFR EO 13062)...... 51755 For additional information 523±5227 Proclamations: 13038 (Amended in 7029...... 52005 Presidential Documents part by EO 7030...... 52007 13062) ...... 51755 Executive orders and proclamations 523±5227 7032...... 52471 13054 (Amended in The United States Government Manual 523±5227 7033...... 52473 part by EO 7034...... 52645 13062) ...... 51755 7035...... 53525 Other Services 13062...... 51755 7036...... 53527 13063...... 51755 523±4534 Electronic and on-line services (voice) 7037...... 53529 13064...... 53711 Privacy Act Compilation 523±3187 7038...... 53695 Administrative Orders: TDD for the hearing impaired 523±5229 7039...... 53697 Notices of September 7040...... 53701 30, 1997 ...... 51591 ELECTRONIC BULLETIN BOARD 7041...... 54335 Notice of October 17, Executive Orders: 1997 ...... 54561 Free Electronic Bulletin Board service for Public Law numbers, March 21, 1914 Memorandums: Federal Register finding aids, and list of documents on public (Revoked in Part by August 5, 1997 ...... 51367 inspection. 202±275±0920 PLO 7288)...... 52767 Presidential Determinations: PUBLIC LAWS ELECTRONIC NOTIFICATION SERVICE 6544 (Revoked in Part No. 97±33 of by PLO 7289)...... 52766 September 22, Free electronic mail notification of newly enacted Public Law is 11145 (Continued by 1997 ...... 53217 now available. To subscribe, send E-mail to [email protected] EO 13062)...... 51755 No. 97±34 of with the message: SUBSCRIBE PENS-L FIRSTNAME LASTNAME. 11183 (Continued by September 22, FAX-ON-DEMAND EO 13062)...... 51755 1997 ...... 52009 11216 (Continued by No. 97±35 of You may access our Fax-On-Demand service with a fax machine. EO 13062)...... 51755 September 26, There is no charge for the service except for long distance 11287 (Continued by 1997 ...... 52647 telephone charges the user may incur. The list of documents on EO 13062)...... 51755 No. 97±36 of public inspection and the daily Federal Register’s table of 12131 (Continued by September 30, contents are available. The document numbers are 7050-Public EO 13062)...... 51755 1997 ...... 52475 Inspection list and 7051-Table of Contents list. The public 12196 (Continued by No. 97±37 of inspection list is updated immediately for documents filed on an EO 13062)...... 51755 September 30, emergency basis. 12345 (Continued by 1997 ...... 53219 NOTE: YOU WILL ONLY GET A LISTING OF DOCUMENTS ON EO 13062)...... 51755 No. 97±38 of FILE. Documents on public inspection may be viewed and copied 12367 (Continued by September 30, in our office located at 800 North Capitol Street, NW., Suite 700. EO 13062)...... 51755 1997 ...... 53221 The Fax-On-Demand telephone number is: 301±713±6905 12382 (Continued by No. 97±39 of EO 13062)...... 51755 September 30, 12864 (Revoked by 1997 ...... 52477 FEDERAL REGISTER PAGES AND DATES, OCTOBER EO 13062)...... 51755 12871 (Continued by 5 CFR 51367±51592...... 1 EO 13062)...... 51755 Ch. XXV...... 53713 51593±51758...... 2 12876 (Continued by 532...... 51759 51759±52004...... 3 EO 13062)...... 51755 870...... 52181 52005±52224...... 6 12882 (Continued by 890...... 53223 52225±52470...... 7 EO 13062)...... 51755 900...... 53223 52471±52652...... 8 12891 (Revoked by Proposed Rules: 52653±52928...... 9 EO 13062)...... 51755 1303...... 52668 52929±53222...... 10 12900 (Continued by 7 CFR 53223±53528...... 14 EO 13062)...... 51755 53529±53710...... 15 12905 ((Continued by 0...... 51759 EO 13062)...... 51755 53711±53928...... 16 17...... 52929 12946 (Revoked by 250...... 53727 53929±54338...... 17 EO 13062)...... 51755 251...... 53727 54339±54568...... 20 12964 (Revoked by 253...... 53727 EO 13062)...... 51755 301...... 53223 12974 (Superseded by 401...... 54339 EO 13062)...... 51755 457...... 54339 12994 (Continued by 905...... 52011 EO 13062)...... 51755 982...... 53225 13010 (Amended by 1214...... 54310 EO 13064)...... 53711 1220...... 53731 ii Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Reader Aids 1422...... 51760 53744, 53746, 53747, 53749, Proposed Rules: 32 CFR 53750, 53751, 53753 101...... 52057 1437...... 53929 199...... 54383 Proposed Rules: 187...... 51736 161...... 52057 Ch. XIII...... 53769 1203...... 54380 501...... 52057 33 CFR 1240...... 54398 6...... 53580 Proposed Rules: 100...... 52501 1300...... 52294, 53688 58...... 53760 39 ...... 51383, 51385, 51386, 117 ...... 52502, 52946, 54384 1309...... 52294, 53688 300...... 53761 51388, 52051, 52053, 52055, 165 ...... 51778, 51779, 51780, 1310 ...... 52294, 53059, 53688 319...... 53761 52294, 53269, 53272, 53976, 51781 966...... 52047 53977, 53979 24 CFR 187...... 54385 980...... 52047 71 ...... 53979, 53980, 53981, 334...... 53754 53982, 53983, 53984, 53985, 3280...... 54546 1214...... 54314 Proposed Rules: 53986, 53987, 53989, 53990, Proposed Rules: 1980...... 52277 117...... 53770 53991, 53992, 53993, 53995 1000...... 54399 155...... 52057 8 CFR 93...... 51564 1003...... 54399 1005...... 54399 183...... 52673 213a...... 54346 15 CFR 334...... 51618 240...... 51760 3500...... 53912 400...... 53534 274a...... 52620 26 CFR 36 CFR 744...... 51369 299...... 54346 Proposed Rules: 922...... 54381 1 ...... 53384, 53367, 53498 13...... 54409 9 CFR Proposed Rules: 31 ...... 53384, 53367, 53498 35a...... 53367 78...... 53531 Ch. VII...... 52514 37 CFR 53...... 52256 97...... 53732 700...... 51389 301 ...... 53230, 53384, 53367 1...... 53132 806...... 52515 3...... 53132 10 CFR 502...... 53367 17 CFR 503...... 53367 5...... 53132 Ch. 1 ...... 52184 7...... 53132 230...... 53948 509...... 53367 50...... 53932 10...... 53132 240...... 52229, 53948 513...... 53367 430...... 51976, 53508 514...... 53367 202...... 51603 820...... 52479 249...... 52229 270...... 51762 516...... 53367 Proposed Rules: Proposed Rules: 517...... 53367 253...... 51618 32...... 51817 18 CFR 520...... 53367 35...... 52513, 43249 38 CFR Proposed Rules: 521...... 53367 50...... 53250, 53975 388...... 51610 602 ...... 53230, 53384, 53367 1...... 51782 17...... 53960 12 CFR Proposed Rules: 19 CFR 1 ...... 52953, 53503, 53504, 19...... 52502 213...... 53733 4...... 51766 53588 21...... 51783 261...... 54356 10...... 51766 25...... 53588 36...... 52503, 53963 602...... 51593 11...... 51766 301...... 53274 Proposed Rules: 615...... 53227 12...... 51766, 51771 47...... 52519 27 CFR 650...... 51369 18...... 51766 39 CFR 935...... 52011 24...... 51766, 51774 Proposed Rules: Proposed Rules: 103...... 51766 9...... 54399 111...... 51372, 53539 303...... 52810 112...... 51766 28 CFR 40 CFR 329...... 53769 122...... 51766 337...... 52810 127...... 51766 0...... 52492, 52493 9...... 52384 341...... 52810 133...... 51766 2...... 51601 52 ...... 51603, 52016, 52029, 346...... 52810 141...... 51766 58...... 51740 52622, 52659, 52661, 52946, 348...... 52810 143...... 51766 524...... 53690 52948, 53234, 53239, 53242, 359...... 52810 148...... 51766 550...... 53690 53542, 53544 545...... 51817 60 ...... 52384, 52622, 53245 151...... 51766 29 CFR 614...... 53581 152...... 51766 61...... 53245 616...... 53581 159...... 51766 101...... 52381 63...... 52384 618...... 53581 171...... 51766 102...... 52381 80...... 54552 621...... 53581 177...... 51766 697...... 52944 81...... 51604 933...... 53251 191...... 51766 4044...... 53538 112...... 54508 935...... 53251 Proposed Rules: 131...... 52926, 53212 20 CFR 1910 ...... 52671, 54160, 54382 132...... 52922 13 CFR 702...... 53955 1917...... 52671 170...... 52003, 53688 Proposed Rules: 1918...... 52671 180...... 52505 107...... 53253 21 CFR 258...... 51606 30 CFR Ch. I ...... 51512 264...... 52622 14 CFR 20...... 52237 210...... 52016 265...... 52622 23...... 53733 177...... 53957 218...... 52016 271...... 52951 25...... 53737 310...... 52237 935...... 53232 300...... 52032, 53246 39 ...... 51593, 51594, 52225, 312...... 52237 946...... 52181 410...... 52034 52486, 52489, 52653, 52655, 314...... 52237 Proposed Rules: 412...... 52034 52942, 53532, 53935, 53937, 331...... 52659 206...... 52518 721...... 51606 53939, 54366, 54368, 54369, 436...... 52659 250...... 51614 Proposed Rules: 54372, 54373, 54375, 54376, 510...... 52659 901...... 53996 52 ...... 52071, 52959, 53277, 54378 600...... 52237, 53536 946...... 53275 53588, 53589, 53997, 54409 71 ...... 52491, 53739, 53740, 601...... 53536 63...... 54410 31 CFR 53741, 53742, 53743, 53940, 606...... 53536 81...... 52071, 52674 53941, 53942, 53943, 53944, 1308 ...... 51370, 51774, 51776 501...... 52493 136...... 51621 53945, 53946, 53948, 54379 1309 ...... 52253, 53958, 53959 597...... 52493 170...... 51994 73...... 52226, 53878 1310...... 52253, 53959 Proposed Rules: 180...... 51397 97 ...... 51597, 51598, 51600, 1313...... 52253 208...... 51618 300 ...... 52072, 52074, 52674, Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Reader Aids iii 52961 Proposed Rules: 52...... 51379 177...... 51554 745...... 51622 303...... 52306 901...... 53754 178...... 51554 903...... 53754 179...... 51554 42 CFR 46 CFR 904...... 53754 180...... 51554 51...... 53548 586...... 54396 912...... 53754 195...... 52511 57...... 51373 Proposed Rules: 913...... 53754 541...... 52044 418...... 52034 25...... 52057 915...... 53754 571...... 51379 433...... 53571 27...... 52057 916...... 53754 593...... 52266 Proposed Rules: 32...... 52057 932...... 53754 1241...... 51379 84...... 53998 933...... 53754 Proposed Rules: 47 CFR 939...... 53754 192...... 51624 43 CFR 0...... 51795, 52257 944...... 53754 20...... 53713 1...... 51377 952...... 51800 36...... 52509 25...... 51378 970...... 51800, 53754 50 CFR 2090...... 51375, 52034 43...... 51378 1401...... 52265 229...... 51805 2110...... 52034 61...... 51377 1425...... 52265 285 ...... 51608, 52666, 53247, 2230...... 52034 63...... 51377 1452...... 52265 53577 5510...... 51376 73 ...... 51798, 51799, 53973 Proposed Rules: 622...... 52045 Proposed Rules: 76...... 52952, 53572 203...... 51623 648 ...... 51380, 52273, 52275 4...... 51822 90...... 52036 216...... 54008 660 ...... 51381, 51814, 53577 1820...... 51402 Proposed Rules: 245...... 54008 679 ...... 51609, 52046, 52275, 15...... 52677 252 ...... 51623, 54008, 54017 53577, 53973, 54397 44 CFR 20...... 53772 426...... 52081 Proposed Rules: 64...... 54386 54...... 51622 452...... 52081 17 ...... 52679, 54018, 54020, 65 ...... 51785, 51788, 54388, 73 ...... 51824, 52677, 54006, 54028 54390 54007 49 CFR 32...... 53773 67...... 51791, 54392 74...... 52677 1...... 51804 227...... 54018 206...... 52952 76...... 51824, 52677 10...... 51804 285...... 54035 Proposed Rules: 90...... 52078 107...... 51554 622...... 53278 61...... 52304, 53589 171...... 51554 630...... 54035 67...... 51822, 54410 48 CFR 172...... 51554 642...... 53281 16...... 51379 173...... 51554 644...... 54035 45 CFR 36...... 51379 175...... 51554 648...... 53589, 54427 74...... 51377 37...... 51379 176...... 51554 678...... 54035 iv Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Reader Aids REMINDERS Electric utility industry; AGRICULTURE contracts; comments due The items in this list were restructuring and DEPARTMENT by 10-21-97; published 8- editorially compiled as an aid economic deregulation; Food Safety and Inspection 22-97 to Federal Register users. public health and safety Service ENVIRONMENTAL Inclusion or exclusion from effects; policy statement; Meat and poultry inspection: PROTECTION AGENCY published 8-19-97 this list has no legal Sanitation requirements; Air programs: significance. PERSONNEL MANAGEMENT establishment; comments Ambient air quality OFFICE due by 10-24-97; standards, nationalÐ RULES GOING INTO Pay administration: published 8-25-97 Regional haze standards EFFECT OCTOBER 20, Panama Canal Commission AGRICULTURE for class I Federal 1997 employees; severance DEPARTMENT areas (large national pay; published 9-19-97 Rural Housing Service parks and wilderness ENVIRONMENTAL TRANSPORTATION Federal Agriculture areas); visibility PROTECTION AGENCY DEPARTMENT Improvement and Reform protection program; comments due by 10- Air quality implementation Coast Guard Act of 1996; implementation: 20-97; published 7-31- plans; approval and Inventory property Offshore supply vessels: 97 promulgation; various management provisions; Certification and inspection; comments due by 10-20- Air quality implementation States: conventional OSVs and Pennsylvania; published 8- 97; published 8-21-97 plans: lifeboats; published 9-19- Preparation, adoption, and 21-97 97 COMMERCE DEPARTMENT South Carolina; published 8- National Oceanic and submittalÐ 20-97 TRANSPORTATION Atmospheric Administration Motor vehicle inspection/ DEPARTMENT Air quality implementation Fishery conservation and maintenance program; plans; √A√approval and Federal Aviation management: tailpipe inspections; Administration promulgation; various Alaska; fisheries of comments due by 10- States; air quality planning Airworthiness directives: Exclusive Economic 20-97; published 9-19- purposes; designation of Bell; published 9-11-97 ZoneÐ 97 areas: Saab; published 9-11-97 Bering Sea and Aleutian Air quality implementation Texas; published 8-19-97 Islands groundfish; plans; approval and TRANSPORTATION promulgation; various FEDERAL DEPARTMENT comments due by 10- COMMUNICATIONS 20-97; published 9-19- States: COMMISSION National Highway Traffic 97 Illinois; comments due by Safety Administration Radio stations; table of Pollock; comments due by 10-20-97; published 9-9- assignments: Motor vehicle safety 10-22-97; published 10- 97 Georgia; published 9-11-97 standards: 7-97 Maine; comments due by South Carolina; published 9- Hydraulic brake systemsÐ Magnuson Act Provisions; 10-23-97; published 9-23- 11-97 Passenger car brake comments due by 10-22- 97 Tennessee; published 9-11- systems; published 9-5- 97; published 9-22-97 New York; comments due 97 97 West Coast States and by 10-23-97; published 9- Utah and Wyoming; Western Pacific 23-97 published 9-11-97 COMMENTS DUE NEXT fisheriesÐ Ohio; comments due by 10- 22-97; published 9-22-97 JUSTICE DEPARTMENT WEEK Canary and yellowtail Immigration and rockfish et al.; Texas; comments due by Naturalization Service comments due by 10- 10-20-97; published 9-19- Naturalization: AGRICULTURE 20-97; published 10-3- 97 DEPARTMENT American institutions of 97 Virginia; comments due by research recognized for Animal and Plant Health Pacific Coast groundfish; 10-20-97; published 9-19- preserving residence for Inspection Service comments due by 10- 97 naturalization purposesÐ Plant-related quarantine, 21-97; published 10-15- Air quality implementation Missouri Botanical domestic: 97 plans; √A√approval and Garden; published 9-19- Mexican fruit fly; comments DEFENSE DEPARTMENT promulgation; various 97 due by 10-20-97; Acquisition regulations: States; air quality planning LABOR DEPARTMENT published 8-20-97 Contractor insurance/pension purposes; designation of Occupational Safety and AGRICULTURE reviews; comments due areas: Health Administration DEPARTMENT by 10-20-97; published 8- Michigan; comments due by Safety and health standards, Federal Crop Insurance 20-97 10-20-97; published 9-18- etc.: Corporation Cost reimbursement rules 97 Pesticides; tolerances in food, Methylene chloride; Crop insurance regulations: for indirect costs; private occupational exposure; sector; comments due by animal feeds, and raw published 10-20-97 Canola and rapeseed; 10-20-97; published 8-20- agricultural commodities: comments due by 10-20- NATIONAL AERONAUTICS 97 Avermectin; comments due 97; published 9-18-97 AND SPACE Single Process Initiative; by 10-20-97; published 8- ADMINISTRATION AGRICULTURE supplement; comments 19-97 Information security program: DEPARTMENT due by 10-20-97; Chlorfenapyr; comments due Classification matters Forest Service published 8-20-97 by 10-21-97; published 8- determinations; authority Alaska National Interest Lands Federal Acquisition Regulation 22-97 delegation; published 10- Conservation Act; Title VIII (FAR): Coat protein of cucumber 20-97 implementation (subsistence Certificates of competency; mosaic virus, etc.; NUCLEAR REGULATORY priority): comments due by 10-21- comments due by 10-21- COMMISSION Fish and wildlife taking; 97; published 8-22-97 97; published 8-22-97 Production and utilization comments due by 10-24- Nondisplacement of qualified Coat protein of papaya facilities; domestic licensing: 97; published 7-25-97 workers under certain ringspot virus, etc.; Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Reader Aids v comments due by 10-21- HOUSING AND URBAN Initial examining 10-24-97; published 8-19- 97; published 8-22-97 DEVELOPMENT examination; requirements; 97 Coat proteins of watermelon DEPARTMENT comments due by 10-21- 97; published 8-7-97 TRANSPORTATION mosaic virus-2 and Federal regulatory reform: DEPARTMENT zucchini yellow mosaic Home investment PERSONNEL MANAGEMENT virus, etc.; comments due partnerships program; OFFICE National Highway Traffic by 10-21-97; published 8- streamlining and market Pay administration: Safety Administration 22-97 interest rate formula Fair Labor Standards ActÐ Motor vehicle safety Pyridate; comments due by establishment for Standardization and standards: 10-21-97; published 8-22- rehabilitation loans; compliance; comments Lamps, reflective devices, 97 comments due by 10-21- due by 10-24-97; and associated Sethoxydim; comments due 97; published 8-22-97 published 8-25-97 equipmentÐ by 10-21-97; published 8- INTERIOR DEPARTMENT Practice and procedures: 22-97 Motorcycle headlighting Fish and Wildlife Service Claims settlement Thiodicarb; comments due systems; asymmetrical Alaska National Interest Lands procedures; comments by 10-21-97; published 8- headlamp beams; Conservation Act; Title VIII due by 10-24-97; 22-97 comments due by 10- implementation (subsistence published 8-25-97 Superfund program: 24-97; published 9-9-97 priority): POSTAL SERVICE National oil and hazardous TRANSPORTATION Fish and wildlife taking; International Mail Manual: substances contingency comments due by 10-24- DEPARTMENT planÐ Global package link (GPL) 97; published 7-25-97 serviceÐ Research and Special National priorities list Programs Administration update; comments due INTERIOR DEPARTMENT Hong Kong; comments by 10-20-97; published Minerals Management due by 10-24-97; Drug and alcohol testing: Service published 9-24-97 8-21-97 Substance abuse FEDERAL Royalty management: RAILROAD RETIREMENT professional evaluation for COMMUNICATIONS Oil valuation; Federal leases BOARD drug use; comments due COMMISSION and Federal royalty oil Railroad Retirement Act: by 10-20-97; published 8- Radio stations; table of sale; comments due by Disability determination 20-97 10-22-97; published 9-22- standards; comments due assignments: Hazardous materials: Hawaii; comments due by 97 by 10-24-97; published 9- 10-20-97; published 9-9- INTERIOR DEPARTMENT 24-97 Hazardous materials 97 Surface Mining Reclamation TRANSPORTATION transportationÐ Iowa; comments due by 10- and Enforcement Office DEPARTMENT Oxidizers as cargo in 20-97; published 9-4-97 Permanent program and Federal Aviation passenger aircraft; Mississippi; comments due abandoned mine land Administration prohibition; comments by 10-20-97; published 9- reclamation plan Aircraft products and parts; due by 10-20-97; 4-97 submissions: certification procedures: published 8-20-97 South Dakota; comments Maryland; comments due by Dragonfly model 333 TREASURY DEPARTMENT due by 10-20-97; 10-20-97; published 9-19- helicopter; primary published 9-4-97 97 category aircraft Customs Service Virginia; comments due by JUSTICE DEPARTMENT airworthiness standards; Centralized examination comment request; 10-20-97; published 9-4- Prisons Bureau stations: 97 comments due by 10-20- Export control laws; Institutional management: 97; published 9-19-97 FEDERAL HOUSING exported and imported FINANCE BOARD Religious beliefs and Airworthiness directives: practices; comments due merchandise handling by Federal home loan bank Boeing; comments due by stations; comments due by 10-21-97; published 8- 10-20-97; published 8-20- system: 22-97 by 10-20-97; published 8- Membership eligibility 97 19-97 requirements; definition of NATIONAL AERONAUTICS Dornier; comments due by VETERANS AFFAIRS State amended; AND SPACE 10-20-97; published 9-22- DEPARTMENT comments due by 10-24- ADMINISTRATION 97 97; published 9-24-97 Federal Acquisition Regulation McDonnell Douglas; Acquision regulations: (FAR): GENERAL SERVICES comments due by 10-20- Commercial items; ADMINISTRATION Certificates of competency; 97; published 8-20-97 comments due by 10-24- Federal Acquisition Regulation comments due by 10-21- Pratt & Whitney; comments 97; published 8-25-97 (FAR): 97; published 8-22-97 due by 10-24-97; Nondisplacement of qualified published 8-25-97 Vocational rehabilitation and Certificates of competency; education: comments due by 10-21- workers under certain Raytheon; comments due by 97; published 8-22-97 contracts; comments due 10-20-97; published 9-22- Veterans educationÐ by 10-21-97; published 8- Nondisplacement of qualified 97 Educational assistance; 22-97 workers under certain Saab; comments due by 10- reduction in required contracts; comments due NUCLEAR REGULATORY 21-97; published 9-23-97 reports; comments due by 10-21-97; published 8- COMMISSION Twin Commander Aircraft by 10-20-97; published 22-97 Operators licenses: Corp.; comments due by 9-18-97 vi Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Reader Aids CFR CHECKLIST Title Stock Number Price Revision Date 14 Parts: ●1–59 ...... (869–032–00037–9) ...... 44.00 Jan. 1, 1997 This checklist, prepared by the Office of the Federal Register, is ●60–139 ...... (869–032–00038–7) ...... 38.00 Jan. 1, 1997 published weekly. It is arranged in the order of CFR titles, stock 140–199 ...... (869–032–00039–5) ...... 16.00 Jan. 1, 1997 numbers, prices, and revision dates. ●200–1199 ...... (869–032–00040–9) ...... 30.00 Jan. 1, 1997 An asterisk (*) precedes each entry that has been issued since last ●1200–End ...... (869–032–00041–7) ...... 21.00 Jan. 1, 1997 week and which is now available for sale at the Government Printing 15 Parts: Office. 0–299 ...... (869–032–00042–5) ...... 21.00 Jan. 1, 1997 A ``●'' precedes each entry that is now available on-line through ●300–799 ...... (869–032–00043–3) ...... 32.00 Jan. 1, 1997 the Government Printing Office's GPO Access service at http:// ●800–End ...... (869–032–00044–1) ...... 22.00 Jan. 1, 1997 www.access.gpo.gov/nara/cfr. For information about GPO Access 16 Parts: call 1-888-293-6498 (toll free). ●0–999 ...... (869–032–00045–0) ...... 30.00 Jan. 1, 1997 A checklist of current CFR volumes comprising a complete CFR set, ●1000–End ...... (869–032–00046–8) ...... 34.00 Jan. 1, 1997 also appears in the latest issue of the LSA (List of CFR Sections Affected), which is revised monthly. 17 Parts: ●1–199 ...... (869–032–00048–4) ...... 21.00 Apr. 1, 1997 The annual rate for subscription to all revised volumes is $951.00 ●200–239 ...... (869–032–00049–2) ...... 32.00 Apr. 1, 1997 domestic, $237.75 additional for foreign mailing. ●240–End ...... (869–032–00050–6) ...... 40.00 Apr. 1, 1997 Mail orders to the Superintendent of Documents, Attn: New Orders, 18 Parts: P.O. Box 371954, Pittsburgh, PA 15250±7954. All orders must be ●1–399 ...... (869–032–00051–4) ...... 46.00 Apr. 1, 1997 accompanied by remittance (check, money order, GPO Deposit ●400–End ...... (869–032–00052–2) ...... 14.00 Apr. 1, 1997 Account, VISA, Master Card, or Discover). Charge orders may be telephoned to the GPO Order Desk, Monday through Friday, at (202) 19 Parts: 512±1800 from 8:00 a.m. to 4:00 p.m. eastern time, or FAX your ●1–140 ...... (869–032–00053–1) ...... 33.00 Apr. 1, 1997 charge orders to (202) 512-2250. ●141–199 ...... (869–032–00054–9) ...... 30.00 Apr. 1, 1997 ●200–End ...... (869–032–00055–7) ...... 16.00 Apr. 1, 1997 Title Stock Number Price Revision Date 20 Parts: ●1, 2 (2 Reserved) ...... (869–032–00001–8) ...... $5.00 Feb. 1, 1997 ●1–399 ...... (869–032–00056–5) ...... 26.00 Apr. 1, 1997 ●3 (1996 Compilation ●400–499 ...... (869–032–00057–3) ...... 46.00 Apr. 1, 1997 and Parts 100 and ●500–End ...... (869–032–00058–1) ...... 42.00 Apr. 1, 1997 1 101) ...... (869–032–00002–6) ...... 20.00 Jan. 1, 1997 21 Parts: ●4 ...... (869–032–00003–4) ...... 7.00 Jan. 1, 1997 ●1–99 ...... (869–032–00059–0) ...... 21.00 Apr. 1, 1997 ●100–169 ...... (869–032–00060–3) ...... 27.00 Apr. 1, 1997 5 Parts: ● ● 170–199 ...... (869–032–00061–1) ...... 28.00 Apr. 1, 1997 1–699 ...... (869–032–0004–2) ...... 34.00 Jan. 1, 1997 ●200–299 ...... (869–032–00062–0) ...... 9.00 Apr. 1, 1997 ●700–1199 ...... (869–032–00005–1) ...... 26.00 Jan. 1, 1997 ● ● 300–499 ...... (869–032–00063–8) ...... 50.00 Apr. 1, 1997 1200–End, 6 (6 ●500–599 ...... (869–032–00064–6) ...... 28.00 Apr. 1, 1997 Reserved) ...... (869–032–00006–9) ...... 33.00 Jan. 1, 1997 ●600–799 ...... (869–032–00065–4) ...... 9.00 Apr. 1, 1997 7 Parts: ●800–1299 ...... (869–032–00066–2) ...... 31.00 Apr. 1, 1997 ●0–26 ...... (869–032–00007–7) ...... 26.00 Jan. 1, 1997 ●1300–End ...... (869–032–00067–1) ...... 13.00 Apr. 1, 1997 ●27–52 ...... (869–032–00008–5) ...... 30.00 Jan. 1, 1997 22 Parts: ●53–209 ...... (869–032–00009–3) ...... 22.00 Jan. 1, 1997 1–299 ...... (869–032–00068–9) ...... 42.00 Apr. 1, 1997 ●210–299 ...... (869–032–00010–7) ...... 44.00 Jan. 1, 1997 ●300–End ...... (869–032–00069–7) ...... 31.00 Apr. 1, 1997 ● ...... 300–399 (869–032–00011–5) 22.00 Jan. 1, 1997 ● ●400–699 ...... (869–032–00012–3) ...... 28.00 Jan. 1, 1997 23 ...... (869–032–00070–1) ...... 26.00 Apr. 1, 1997 ●700–899 ...... (869–032–00013–1) ...... 31.00 Jan. 1, 1997 24 Parts: ●900–999 ...... (869–032–00014–0) ...... 40.00 Jan. 1, 1997 ●0–199 ...... (869–032–00071–9) ...... 32.00 Apr. 1, 1997 ●1000–1199 ...... (869–032–00015–8) ...... 45.00 Jan. 1, 1997 200–499 ...... (869–032–00072–7) ...... 29.00 Apr. 1, 1997 ●1200–1499 ...... (869–032–00016–6) ...... 33.00 Jan. 1, 1997 500–699 ...... (869–032–00073–5) ...... 18.00 Apr. 1, 1997 ●1500–1899 ...... (869–032–00017–4) ...... 53.00 Jan. 1, 1997 ●700–1699 ...... (869–032–00074–3) ...... 42.00 Apr.1, 1997 ●1900–1939 ...... (869–032–00018–2) ...... 19.00 Jan. 1, 1997 ●1700–End ...... (869–032–00075–1) ...... 18.00 Apr. 1, 1997 ● 1940–1949 ...... (869–032–00019–1) ...... 40.00 Jan. 1, 1997 ●25 ...... (869–032–00076–0) ...... 42.00 Apr. 1, 1997 ●1950–1999 ...... (869–032–00020–4) ...... 42.00 Jan. 1, 1997 ●2000–End ...... (869–032–00021–2) ...... 20.00 Jan. 1, 1997 26 Parts: ●§§ 1.0-1–1.60 ...... (869–032–00077–8) ...... 21.00 Apr. 1, 1997 ● 8 ...... (869–032–00022–1) ...... 30.00 Jan. 1, 1997 ●§§ 1.61–1.169 ...... (869–032–00078–6) ...... 44.00 Apr. 1, 1997 9 Parts: ●§§ 1.170–1.300 ...... (869–032–00079–4) ...... 31.00 Apr. 1, 1997 ●1–199 ...... (869–032–00023–9) ...... 39.00 Jan. 1, 1997 ●§§ 1.301–1.400 ...... (869–032–00080–8) ...... 22.00 Apr. 1, 1997 ●200–End ...... (869–032–00024–7) ...... 33.00 Jan. 1, 1997 ●§§ 1.401–1.440 ...... (869–032–00081–6) ...... 39.00 Apr. 1, 1997 ●§§ 1.441-1.500 ...... (869-032-00082-4) ...... 22.00 Apr. 1, 1997 10 Parts: ●§§ 1.501–1.640 ...... (869–032–00083–2) ...... 28.00 Apr. 1, 1997 ● 0–50 ...... (869–032–00025–5) ...... 39.00 Jan. 1, 1997 ●§§ 1.641–1.850 ...... (869–032–00084–1) ...... 33.00 Apr. 1, 1997 ● 51–199 ...... (869–032–00026–3) ...... 31.00 Jan. 1, 1997 ●§§ 1.851–1.907 ...... (869–032–00085–9) ...... 34.00 Apr. 1, 1997 ●200–499 ...... (869–032–00027–1) ...... 30.00 Jan. 1, 1997 ●§§ 1.908–1.1000 ...... (869–032–00086–7) ...... 34.00 Apr. 1, 1997 ●500–End ...... (869–032–00028–0) ...... 42.00 Jan. 1, 1997 ●§§ 1.1001–1.1400 ...... (869–032–00087–5) ...... 35.00 Apr. 1, 1997 ● ●11 ...... (869–032–00029–8) ...... 20.00 Jan. 1, 1997 §§ 1.1401–End ...... (869–032–00088–3) ...... 45.00 Apr. 1, 1997 ●2–29 ...... (869–032–00089–1) ...... 36.00 Apr. 1, 1997 12 Parts: 30–39 ...... (869–032–00090–5) ...... 25.00 Apr. 1, 1997 ●1–199 ...... (869–032–00030–1) ...... 16.00 Jan. 1, 1997 ●40–49 ...... (869–032–00091–3) ...... 17.00 Apr. 1, 1997 ●200–219 ...... (869–032–00031–0) ...... 20.00 Jan. 1, 1997 ●50–299 ...... (869–032–00092–1) ...... 18.00 Apr. 1, 1997 ●220–299 ...... (869–032–00032–8) ...... 34.00 Jan. 1, 1997 300–499 ...... (869–032–00093–0) ...... 33.00 Apr. 1, 1997 ●300–499 ...... (869–032–00033–6) ...... 27.00 Jan. 1, 1997 500–599 ...... (869–032–00094–8) ...... 6.00 4 Apr. 1, 1990 ●500–599 ...... (869–032–00034–4) ...... 24.00 Jan. 1, 1997 ●600–End ...... (869–032–00095–3) ...... 9.50 Apr. 1, 1997 ●600–End ...... (869–032–00035–2) ...... 40.00 Jan. 1, 1997 27 Parts: ●13 ...... (869–032–00036–1) ...... 23.00 Jan. 1, 1997 1–199 ...... (869–032–00096–4) ...... 48.00 Apr. 1, 1997 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Reader Aids vii Title Stock Number Price Revision Date Title Stock Number Price Revision Date 200–End ...... (869–032–00097–2) ...... 17.00 Apr. 1, 1997 ●700–789 ...... (869–028–00157–2) ...... 33.00 July 1, 1996 ● 28 Parts: ...... 790–End ...... (869–028–00158–7) ...... 19.00 July 1, 1996 1-42 ...... (869–028–00106–8) ...... 35.00 July 1, 1996 41 Chapters: ●43-end ...... (869-032-00099-9) ...... 30.00 July 1, 1997 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 29 Parts: 3–6 ...... 14.00 3 July 1, 1984 ● ...... 0–99 (869–032–00100–5) 27.00 July 1, 1997 7 ...... 6.00 3 July 1, 1984 ● ...... 100–499 (869–032–00101–4) 12.00 July 1, 1997 8 ...... 4.50 3 July 1, 1984 ● ...... 500–899 (869–032–00102–2) 41.00 July 1, 1997 9 ...... 13.00 3 July 1, 1984 ● ...... 900–1899 (869–028–00111–4) 20.00 July 1, 1996 10–17 ...... 9.50 3 July 1, 1984 §§ 1900–1910 ( 1900 to 18, Vol. I, Parts 1–5 ...... 13.00 3 July 1, 1984 1910.999) ...... (869–032–00104–9) ...... 43.00 July 1, 1997 18, Vol. II, Parts 6–19 ...... 13.00 3 July 1, 1984 *1910 (§§ 1910.1000 to 18, Vol. III, Parts 20–52 ...... 13.00 3 July 1, 1984 end) ...... (869–032–00105–7) ...... 29.00 July 1, 1997 3 ● 19–100 ...... 13.00 July 1, 1984 1911–1925 ...... (869–032–00106–5) ...... 19.00 July 1, 1997 *1–100 ...... (869–032–00156–1) ...... 14.00 July 1, 1997 1926 ...... (869–028–00115–7) ...... 30.00 July 1, 1996 ● 101 ...... (869–028–00160–2) ...... 36.00 July 1, 1996 1927–End ...... (869–028–00116–5) ...... 38.00 July 1, 1996 102–200 ...... (869–032–00158–8) ...... 17.00 July 1, 1997 30 Parts: *201–End ...... (869–032–00159–6) ...... 15.00 July 1, 1997 ● * 1–199 ...... (869–032–00109–0) ...... 33.00 July 1, 1997 42 Parts: 200–699 ...... (869–032–00110–3) ...... 28.00 July 1, 1997 ● ● 1–399 ...... (869–028–00163–7) ...... 32.00 Oct. 1, 1996 700–End ...... (869–032–00111–1) ...... 32.00 July 1, 1997 ●400–429 ...... (869–028–00164–5) ...... 34.00 Oct. 1, 1996 31 Parts: ●430–End ...... (869–028–00165–3) ...... 44.00 Oct. 1, 1996 0–199 ...... (869–032–00112–0) ...... 20.00 July 1, 1997 43 Parts: 200–End ...... (869–028–00121–1) ...... 33.00 July 1, 1996 ●1–999 ...... (869–028–00166–1) ...... 30.00 Oct. 1, 1996 32 Parts: ●1000–end ...... (869–028–00167–0) ...... 45.00 Oct. 1, 1996 1–39, Vol. I ...... 15.00 2 July 1, 1984 ●44 ...... (869–028–00168–8) ...... 31.00 Oct. 1, 1996 1–39, Vol. II ...... 19.00 2 July 1, 1984 1–39, Vol. III ...... 18.00 2 July 1, 1984 45 Parts: *1–190 ...... (869–032–00114–6) ...... 42.00 July 1, 1997 ●1–199 ...... (869–028–00169–6) ...... 28.00 Oct. 1, 1996 191–399 ...... (869–028–00123–8) ...... 50.00 July 1, 1996 ●200–499 ...... (869–028–00170–0) ...... 14.00 5 Oct. 1, 1995 400–629 ...... (869–032–00116–2) ...... 33.00 July 1, 1997 ●500–1199 ...... (869–028–00171–8) ...... 30.00 Oct. 1, 1996 630–699 ...... (869–032–00117–1) ...... 22.00 July 1, 1997 ●1200–End ...... (869–028–00172–6) ...... 36.00 Oct. 1, 1996 700–799 ...... (869–032–00118–9) ...... 28.00 July 1, 1997 46 Parts: 800–End ...... (869–032–00119–7) ...... 27.00 July 1, 1997 ●1–40 ...... (869–028–00173–4) ...... 26.00 Oct. 1, 1996 33 Parts: ●41–69 ...... (869–028–00174–2) ...... 21.00 Oct. 1, 1996 1–124 ...... (869–028–00128–9) ...... 26.00 July 1, 1996 ●70–89 ...... (869–028–00175–1) ...... 11.00 Oct. 1, 1996 125–199 ...... (869–032–00121–9) ...... 36.00 July 1, 1997 ●90–139 ...... (869–028–00176–9) ...... 26.00 Oct. 1, 1996 200–End ...... (869–028–00130–1) ...... 32.00 July 1, 1996 ●140–155 ...... (869–028–00177–7) ...... 15.00 Oct. 1, 1996 ●156–165 ...... (869–028–00178–5) ...... 20.00 Oct. 1, 1996 34 Parts: ●166–199 ...... (869–028–00179–3) ...... 22.00 Oct. 1, 1996 1–299 ...... (869–032–00123–5) ...... 28.00 July 1, 1997 ●200–499 ...... (869–028–00180–7) ...... 21.00 Oct. 1, 1996 300–399 ...... (869–032–00124–3) ...... 27.00 July 1, 1997 ●500–End ...... (869–028–00181–5) ...... 17.00 Oct. 1, 1996 400–End ...... (869–032–00125–1) ...... 44.00 July 1, 1997 47 Parts: *35 ...... (869–032–00126–0) ...... 15.00 July 1, 1997 ●0–19 ...... (869–028–00182–3) ...... 35.00 Oct. 1, 1996 36 Parts ●20–39 ...... (869–028–00183–1) ...... 26.00 Oct. 1, 1996 1–199 ...... (869–032–00127–8) ...... 20.00 July 1, 1997 ●40–69 ...... (869–028–00184–0) ...... 18.00 Oct. 1, 1996 200–End ...... (869–028–00136–0) ...... 48.00 July 1, 1996 ●70–79 ...... (869–028–00185–8) ...... 33.00 Oct. 1, 1996 ●80–End ...... (869–028–00186–6) ...... 39.00 Oct. 1, 1996 37 ...... (869–032–00130–8) ...... 27.00 July 1, 1997 48 Chapters: 38 Parts: ●1 (Parts 1–51) ...... (869–028–00187–4) ...... 45.00 Oct. 1, 1996 0–17 ...... (869–028–00138–6) ...... 34.00 July 1, 1996 ●1 (Parts 52–99) ...... (869–028–00188–2) ...... 29.00 Oct. 1, 1996 18–End ...... (869–032–00132–4) ...... 38.00 July 1, 1997 ●2 (Parts 201–251) ...... (869–028–00189–1) ...... 22.00 Oct. 1, 1996 39 ...... (869–028–00140–8) ...... 23.00 July 1, 1996 ●2 (Parts 252–299) ...... (869–028–00190–4) ...... 16.00 Oct. 1, 1996 ●3–6 ...... (869–028–00191–2) ...... 30.00 Oct. 1, 1996 40 Parts: ●7–14 ...... (869–028–00192–1) ...... 29.00 Oct. 1, 1996 ● ...... 1–51 (869–028–00141–6) 50.00 July 1, 1996 ●15–28 ...... (869–028–00193–9) ...... 38.00 Oct. 1, 1996 ● ...... 52 (869–028–00142–4) 51.00 July 1, 1996 ●29–End ...... (869–028–00194–7) ...... 25.00 Oct. 1, 1996 ●53–59 ...... (869–028–00143–2) ...... 14.00 July 1, 1996 60 ...... (869–028–00144–1) ...... 47.00 July 1, 1996 49 Parts: 61–62 ...... (869–032–00140–5) ...... 19.00 July 1, 1997 ●1–99 ...... (869–028–00195–5) ...... 32.00 Oct. 1, 1996 63–71 ...... (869–032–00141–3) ...... 57.00 July 1, 1997 ●100–185 ...... (869–028–00196–3) ...... 50.00 Oct. 1, 1996 ●72–80 ...... (869–028–00146–7) ...... 34.00 July 1, 1996 ●186–199 ...... (869–028–00197–1) ...... 14.00 Oct. 1, 1996 ●81–85 ...... (869–028–00147–5) ...... 31.00 July 1, 1996 ●200–399 ...... (869–028–00198–0) ...... 39.00 Oct. 1, 1996 86 ...... (869–028–00148–3) ...... 46.00 July 1, 1996 ●400–999 ...... (869–028–00199–8) ...... 49.00 Oct. 1, 1996 ●87-135 ...... (869–028–00149–1) ...... 35.00 July 1, 1996 ●1000–1199 ...... (869–028–00200–5) ...... 23.00 Oct. 1, 1996 ●136–149 ...... (869–032–00146–4) ...... 35.00 July 1, 1997 ●1200–End ...... (869–028–00201–3) ...... 15.00 Oct. 1, 1996 ● 150–189 ...... (869–028–00151–3) ...... 33.00 July 1, 1996 50 Parts: ● 190–259 ...... (869–028–00152–1) ...... 22.00 July 1, 1996 ●1–199 ...... (869–028–00202–1) ...... 34.00 Oct. 1, 1996 260–265 ...... (869–032–00149–9) ...... 29.00 July 1, 1997 ●200–599 ...... (869–028–00203–0) ...... 22.00 Oct. 1, 1996 ● 260–299 ...... (869–028–00153–0) ...... 53.00 July 1, 1996 ●600–End ...... (869–028–00204–8) ...... 26.00 Oct. 1, 1996 ●300–399 ...... (869–028–00154–8) ...... 28.00 July 1, 1996 ●400–424 ...... (869–032–00152–9) ...... 33.00 6 July 1, 1996 CFR Index and Findings ●425–699 ...... (869–032–00153–7) ...... 40.00 July 1, 1997 Aids ...... (869–032–00047–6) ...... 45.00 Jan. 1, 1997 viii Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Reader Aids Title Stock Number Price Revision Date Complete 1997 CFR set ...... 951.00 1997 Microfiche CFR Edition: Subscription (mailed as issued) ...... 247.00 1997 Individual copies ...... 1.00 1997 Complete set (one-time mailing) ...... 264.00 1996 Complete set (one-time mailing) ...... 264.00 1995 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, 1997. The CFR volume issued April 1, 1990, should be retained. 5 No amendments were promulgated during the period October 1, 1995 to September 30, 1996. The CFR volume issued October 1, 1995 should be retained. 6 No amendments to this volume were promulgated during the period July 1, 1996 to June 30, 1997. The volume issued July 1, 1996, should be retained.ystems Utilities from the top menu, representative, submit an opt-out Effective January 1, 2004, the current under rchivers/de-archivers. Please petition. This rule changes the time opt-out procedures become effective note that due to differences between the period before the opt-out becomes again. States that want to end their software used to develop the document effective for opt-out petitions received involvement in the federal RFG program and the software into which the from January 1, 1998, through December prior to December 31, 1999, and not document may be downloaded, changes 31, 2003. This period includes the participate in Phase II of the program, in format, page length, etc. may occur. remaining two years of Phase I (January must submit a complete opt-out petition 1, 1998 to December 31, 1999) and the Regulated Entities to EPA by December 31, 1997. first four years of Phase II (January 1, Today’s action does not affect the Entities potentially regulated by this 2000, to December 31, 2003). This final rule specifies that for all regulations for opting in to the RFG action are those which produce, supply opt-out petitions received on or before program. In a separate action EPA will or distribute motor gasoline. Regulated December 31, 1997, the previously publish a final rule which would permit categories and entities include: published procedures (61 FR 35673) former ozone nonattainment areas to opt will apply and that the effective date into the federal reformulated gasoline Examples of regu- Category lated entities that an area will no longer be a covered program. area as defined in 40 CFR section 80.70 EFFECTIVE DATE: This final rule is Industry ...... Petroleum refiners, will be 90 days (or more at a state’s effective November 19, 1997. motor gasoline request) from the date of EPA’s letter of FOR FURTHER INFORMATION CONTACT: distributors and retailers. notification to the Governor of the Christine Hawk or Diane Turchetta at State governments ...... State departments requesting state or from the effective U.S. Environmental Protection Agency, of environmental date of an agency approval of a revision Office of Air and Radiation, 401 M protection. to the State Implementation Plan (SIP) Street, SW (6406J), Washington, DC where applicable. States which have 20460, (202) 233–9000. This table is not intended to be opted in to the RFG program that do not SUPPLEMENTARY INFORMATION: A copy of exhaustive, but rather provides a guide submit a completed opt-out request by this action is available on the OAQPS for readers regarding entities likely to be December 31, 1997 and subsequently Technology Transfer Network Bulletin regulated by this action. This table lists submit an opt-out request before January Board System (TTNBBS) and on the the types of entities that EPA is now 1, 2004, will be required to participate Office of Mobile Sources’ World Wide aware could potentially be regulated by in the federal RFG program, including Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations 54553