Pages 18483±18660 Vol. 61 4±26±96 No. 82 federal register April 26,1996 Friday announcement ontheinsidecoverofthisissue. For informationonbriefingsinWashington,DC,see Briefings onHowToUsetheFederalRegister 1 II Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996

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2 III

Contents Federal Register Vol. 61, No. 82

Friday, April 26, 1996

African Development Foundation Committee for Purchase From People Who Are Blind or NOTICES Severely Disabled Meetings; Sunshine Act, 18543 NOTICES Procurement list; additions and deletions, 18570–18571 Agency for Toxic Substances and Disease Registry NOTICES Commodity Futures Trading Commission Grants and cooperative agreements; availability, etc.: NOTICES State health agency administration of site-specific health Contract market proposals: activities; capacity building program, 18603–18609 Chicago Board of Trade— Trading and clearing link with London International Agriculture Department Financial Futures and Options Exchange; U.K. gilt, See Farm Service Agency 18571–18572 See Forest Service See Grain Inspection, Packers and Stockyards Customs Service Administration NOTICES See Rural Business-Cooperative Service Agency information collection activities: See Rural Housing Service Proposed collection; comment request, 18640–18647 See Rural Utilities Service Defense Department Army Department See Engineers Corps See Engineers Corps Economic Development Administration Blind or Severely Disabled, Committee for Purchase From NOTICES People Who Are Trade adjustment assistance eligibility determination See Committee for Purchase From People Who Are Blind or petitions: Severely Disabled Artistic Plastics, Inc., et al., 18546–18547

Bonneville Power Administration Education Department NOTICES NOTICES Floodplain and wetlands protection; environmental review Agency information collection activities: determinations; availability, etc.: Proposed collection; comment request, 18579 Wapato Irrigation Fish Screening Project, WA, 18581– Grants and cooperative agreements; availability, etc.: 18582 Individuals with disabilities— Research in education; cancellation, 18579 Census Bureau Library education and human resouce development NOTICES program, 18580 Agency information collection activities: Meetings: Proposed collection; comment request, 18545–18546 National Assessment Governing Board, 18580–18581

Centers for Disease Control and Prevention Employment and Training Administration NOTICES PROPOSED RULES Agency information collection activities: Aliens: Proposed collection; comment request, 18609–18611 Labor certification process for permanent employment, and researchers employed by colleges and Coast Guard universities PROPOSED RULES Correction, 18650 Drawbridge operations: Louisiana, 18532–18533 Employment Standards Administration NOTICES Commerce Department Agency information collection activities: See Census Bureau Proposed collection; comment request, 18624 See Economic Development Administration Minimum wages for Federal and federally-assisted See Foreign-Trade Zones Board construction; general wage determination decisions, See International Trade Administration 18624–18626 See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Energy Department NOTICES See Bonneville Power Administration Voting age population; 1995 census count; correction, See Federal Energy Regulatory Commission 18650 Engineers Corps Commission of Fine Arts RULES NOTICES Water resource development projects; shoreline Meetings, 18629 management, 18499–18500 IV Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Contents

NOTICES Federal Communications Commission Base realignment and closure: RULES Surplus Federal property— Radio stations; table of assignments: Military Ocean Terminal Bayonne, NJ, 18572 Kentucky, 18511–18512 Seneca Army Depot, NY, 18572 Missouri, 18511 Closure of public lands: Television broadcasting: Washington, 18572–18573 Cable Television Consumer Protection and Competition Coast Guard categorical exclusions; nationwide general Act of 1992— permit program; proposed authorization, 18573–18575 Consumer electronics equipment and cable systems; Regulatory guidance letters, 18575–18578 compatibility ensurance, 18508–18511 PROPOSED RULES Environmental Protection Agency Common carrier services: RULES Wireless services; cellular spectrum priority access; Air quality implementation plans; approval and national security/emergency preparedness promulgation; various States: responsiveness; rulemaking petition, 18538–18539 California, 18500–18501 Radio stations; table of assignments: Hazardous waste program authorizations: Illinois, 18540 Kentucky, 18504–18507 Missouri, 18540 South Carolina, 18502–18504 New Mexico, 18541 Solid wastes: Pennsylvania, 18540–18541 Land disposal guidelines; CFR part removed, 18501– Wisconsin, 18539–18542 18502 NOTICES Superfund program: Agency information collection activities: National oil and hazardous substances contingency Proposed collection; comment request, 18595–18597 plan— Submission for OMB review; comment request, 18597– National priorities list update, 18507–18508 18598 PROPOSED RULES Pesticides; tolerances in food, animal feeds, and raw Federal Deposit Insurance Corporation agricultural commodities: NOTICES Aluminum tris (O-ethylphosphonate), 18534–18536 Coastal Barrier Improvement Act; property availability: Quizalofop ethyl, 18536–18538 Hanover Run/Myrtle Point, MD, 18598 NOTICES Meetings; Sunshine Act, 18598–18599 Environmental statements; availability, etc.: Agency statements— Federal Emergency Management Agency Comment availability, 18586–18587 Weekly receipts, 18587–18588 PROPOSED RULES Hazardous waste: Flood elevation determinations: Mixed radioactive/hazardous waste storage prohibition; New York; correction, 18538 NOTICES enforcement policy extension, 18588–18592 Disaster and emergency areas: Meetings: Alabama, 18599 Gulf of Mexico Program Issue Committee and Technical Maine, 18599 Advisory Committee Co-Chairs, 18592–18593 Pesticide, food, and feed additive petitions: E.I. du Pont de Nemours & Co. et al., 18594–18595 Federal Energy Regulatory Commission Pesticide programs: NOTICES Cholinesterases measurement in laboratory rats and dogs Electric rate and corporate regulation filings: exposed to non-reversible cholinesterase inhibitors; Southern Electric Wholesale Generators, Inc., et al., standard operating procedure; availability, 18593 18583–18586 Superfund; response and remediacl actions, proposed Applications, hearings, determinations, etc.: settlements, etc.: Columbia Gas Transmission Corp., 18582 Fields Brook Site, OH, 18595 El Paso Natural Gas Co., 18582–18583 Wisconsin Public Service Corp. et al., 18583 Executive Office of the President See Presidential Documents Federal Highway Administration NOTICES Farm Service Agency Environmental statements; notice of intent: RULES Pierce County, WA, 18638–18639 Dairy indemnity payment program; extension, 18485–18486 Washington, DC, 18639–18640 Program regulations: Business and industrial loan program; audit Federal Housing Finance Board requirements, 18493–18495 NOTICES Meetings; Sunshine Act, 18599–18600 Federal Aviation Administration PROPOSED RULES Federal Reserve System Airworthiness directives: RULES Fairchild, 18524–18528 Securities credit transactions; OTC margin stocks list Hartzell Propeller Inc., 18520–18524 (Regulations G, T, U, and X), 18495–18499 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Contents V

NOTICES Indian Affairs Bureau Banks and bank holding companies: NOTICES Formations, acquisitions, and mergers, 18600 Meetings: Meetings; Sunshine Act, 18600 Tribal consultation on Indian education topics, 18619

Federal Trade Commission NOTICES Interior Department Made in USA claims in product advertising and labeling; See Fish and Wildlife Service comprehensive review, 18600–18603 See Indian Affairs Bureau See Land Management Bureau Fine Arts Commission See National Park Service NOTICES See Commission of Fine Arts Meetings: Western Water Policy Review Advisory Commission, Fish and Wildlife Service 18616 NOTICES Endangered and threatened species permit applications, 18616–18617 Internal Revenue Service Environmental statements; availability, etc.: NOTICES Incidental take permits— Agency information collection activities: Chaves County, NM; black-footed ferrets, 18617–18618 Proposed collection; comment request, 18647–18649 San Diego County, CA; Subarea habitat, 18618–18619 International Trade Administration Food and Drug Administration NOTICES NOTICES Antidumping: Agency information collection activities: Compact ductile iron waterworks fittings and glands Proposed collection; comment request, 18611–18612 from— Human biological products; comparability demonstration; China, 18568–18569 guidance availability, 18612–18613 Corrosion-resistant carbon steel flat products from— Korea, 18547–18568 Foreign-Trade Zones Board NOTICES Applications, hearings, determinations, etc.: Justice Department Alabama See Prisons Bureau Sony Magnetic Products Inc. of America; magnetic media and battery systems manufacturing plant, Labor Department 18547 See Employment and Training Administration See Employment Standards Administration Forest Service See Labor Statistics Bureau NOTICES See Occupational Safety and Health Administration Environmental statements; notice of intent: White Mountain National Forest, NH, 18543–18544 Labor Statistics Bureau Grain Inspection, Packers and Stockyards Administration NOTICES RULES Agency information collection activities: Grain standards: Proposed collection; comment request, 18626–18628 Barley, 18486–18493 Land Management Bureau Health and Human Services Department NOTICES See Agency for Toxic Substances and Disease Registry Closure of public lands: See Centers for Disease Control and Prevention Washington, 18572–18573 See Food and Drug Administration Opening of public lands: See Health Resources and Services Administration Montana, 18619–18620 Realty actions; sales, leases, etc.: Health Resources and Services Administration Nevada, 18620 NOTICES Nevada; correction, 18650 Grants and cooperative agreements; availability, etc.: Withdrawal and reservation of lands: Maternal and child health services— Nevada, 18620–18621 Federal set-aside program, etc., 18613–18616 National Archives and Records Administration Housing and Urban Development Department NOTICES NOTICES Agency records schedules; availability, 18628–18629 Grants and cooperative agreements; availability, etc.: Facilities to assist homeless— Excess and surplus Federal property, 18616 National Institute of Standards and Technology Mortgage and loan insurance programs: NOTICES HUD-held multifamily mortgage loans; sale notice, Meetings: 18652–18655 Fastener Quality Act Advisory Committee, 18569 VI Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Contents

National Oceanic and Atmospheric Administration Rural Business-Cooperative Service NOTICES RULES Coastal zone management programs and estuarine Program regulations: sanctuaries: Business and industrial loan program; audit Mullica River-Great Bay National Estuarine Research requirements, 18493–18495 Reserve, NJ; management plan, 18569–18570 Meetings: Rural Housing Service Gulf of Mexico Fishery Management Council, 18570 RULES Program regulations: National Park Service Business and industrial loan program; audit NOTICES requirements, 18493–18495 Handcraft sales exemption from franchise fee calculation; NOTICES policy revision, 18621–18622 Agency information collection activities: Meetings: Proposed collection; comment request, 18544–18545 Delaware Water Gap National Recreation Area Citizens Advisory Commission, 18622 Rural Utilities Service Upper Delaware Citizens Advisory Council, 18622 RULES Mining plans of operation; availability, etc.: Program regulations: Death Valley National Park, CA and NV, 18622–18623 Business and industrial loan program; audit Native American human remains and associated funerary requirements, 18493–18495 objects: Connecticut State Museum of Natural History, University of Connecticut, CT; cultural items from Norris L. Bull Securities and Exchange Commission Collection, 18623 NOTICES Rome Historical Society, NY; inventory from Onondaga Self-regulatory organizations; proposed rule changes: County Penitentiary Site, 18623–18624 Boston Stock Exchange, Inc., 18634–18636 Pacific Stock Exchange Inc., 18636–18637 Nuclear Regulatory Commission Applications, hearings, determinations, etc.: NOTICES CII Financial, Inc., 18632–18633 Agency information collection activities: Prudential Strategist Fund, Inc., 18633–18634 Submission for OMB review; comment request, 18629– 18630 Small Business Administration Applications, hearings, determinations, etc.: NOTICES Guzman, Juan, 18630–18632 Meetings; district and regional advisory councils: Minnesota, 18637 Occupational Safety and Health Administration NOTICES Social Security Administration Meetings: PROPOSED RULES Occupational Safety and Health National Advisory Supplementary security income: Committee, 18628 Aged, blind, and disabled— Administration fees for making State supplementary Postal Rate Commission payments and interest on such payment funds, NOTICES 18529–18532 Post office closings; petitions for appeal: NOTICES Forest Grove, MT, 18632 Agency information collection activities: Submission for OMB review; comment request, 18637– Presidential Documents 18638 EXECUTIVE ORDERS Government agencies and employees: Toxic Substances and Disease Registry Agency Defense Secretary, order of succession of officers to act as See Agency for Toxic Substances and Disease Registry (EO 13000), 18483–18484 Transportation Department Prisons Bureau See Coast Guard RULES See Federal Aviation Administration Inmate conrol, custody, care, etc.: See Federal Highway Administration Intensive confinement center program, 18658–18659 See Research and Special Programs Administration Public Health Service Treasury Department See Agency for Toxic Substances and Disease Registry See Customs Service See Centers for Disease Control and Prevention See Internal Revenue Service See Food and Drug Administration See Health Resources and Services Administration United States Information Agency Research and Special Programs Administration NOTICES RULES Meetings: Pipeline safety: Cuba Broadcasting Advisory Board, 18649 Federal regulatory reform, 18512–18519 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Contents VII

Separate Parts In This Issue Reader Aids Additional information, including a list of public laws, telephone numbers, reminders, and finding aids, appears in Part II the Reader Aids section at the end of this issue. Housing and Urban Development Department, 18652–18655

Part III Electronic Bulletin Board Justice Department, Prisons Bureau, 18658–18659 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. VIII Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Contents

CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR Executive Orders: 12787 (Revoked by EO 13000)...... 18483 13000...... 18483 7 CFR 760...... 18485 800...... 18486 810...... 18486 1980...... 18493 12 CFR 207...... 18495 220...... 18495 221...... 18495 224...... 18495 14 CFR Proposed Rules: 39 (2 documents) ...... 18520, 18524 20 CFR Proposed Rules: 416...... 18529 656...... 18650 28 CFR 524...... 18658 33 CFR Proposed Rules: 117...... 18532 36 CFR 327...... 18499 40 CFR 52...... 18500 241...... 18501 271 (2 documents) ...... 18502, 18504 300...... 18507 Proposed Rules: 180 (2 documents) ...... 18534, 18536 44 CFR Proposed Rules: 67...... 18538 47 CFR 15...... 18508 73 (2 documents) ...... 18511 76...... 18508 Proposed Rules: 64...... 18538 73 (6 documents) ...... 18539, 18540, 18541 49 CFR 190...... 18512 191...... 18512 192...... 18512 193...... 18512 195...... 18512 198...... 18512 199...... 18512 18483

Federal Register Presidential Documents Vol. 61, No. 82

Friday, April 26, 1996

Title 3— Executive Order 13000 of April 24, 1996

The President Order of Succession of Officers To Act as Secretary of Defense

By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 3347 of title 5, United States Code, it is hereby ordered as follows: Section 1. Succession to Act as the Secretary of Defense. (a) In the event of the death, permanent disability, or resignation of the Secretary of Defense, the incumbents holding the Department of Defense positions designated below, in the order indicated, shall act for and exercise the powers of the Secretary of Defense as Acting Secretary of Defense: (1) Deputy Secretary of Defense. (2) Secretary of the Army. (3) Secretary of the Navy. (4) Secretary of the Air Force. (5) Under Secretary of Defense for Acquisition and Technology. (6) Under Secretary of Defense for Policy. (7) Under Secretary of Defense (Comptroller). (8) Under Secretary of Defense for Personnel and Readiness. (9) Deputy Under Secretary of Defense for Acquisition and Technology. (10) Deputy Under Secretary of Defense for Policy. (11) Director of Defense Research and Engineering. (12) The Assistant Secretaries of Defense, the Director of Operational Test and Evaluation, and the General Counsel of the Department of Defense, in the order fixed by their length of service as permanent appointees in such positions. (13) Under Secretaries of the Army, the Navy, and the Air Force, in the order fixed by their length of service as permanent appointees in such positions. (14) Assistant Secretaries of the Army, the Navy, and the Air Force whose appointments are vested in the President, and General Counsels of the Army, the Navy, and the Air Force, in the order fixed by their length of service as permanent appointees in such positions. (b) In the event of the temporary absence or temporary disability of the Secretary of Defense, the incumbents holding the Department of Defense positions designated in paragraph (a) of this section, in the order indicated, shall act for and exercise the powers of the Secretary of Defense as Acting Secretary of Defense. (1) In these instances, the designation of an Acting Secretary of Defense applies only for the duration of the Secretary’s absence or disability, and does not affect the authority of the Secretary to resume the powers of his office upon his return. (2) In the event that the Secretary of Defense is temporarily absent from his position, the Secretary may continue to exercise the powers and fulfill the duties of this office during his absence, notwithstanding the provi- sions of this order. 18484 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Presidential Documents

(c) Precedence among those officers designated in paragraphs (a)(12)–(14) of this section who have the same appointment date shall be determined by the Secretary of Defense at the time that such appointments are made. (d) Notwithstanding paragraphs (a) and (b) of this section, an officer shall not act for or exercise the powers of the Secretary of Defense under this order if that officer serves only in an acting capacity in the position that would otherwise entitle him to do so. Sec. 2. Temporary Nature of Succession. Succession to act for and exercise the powers of the Secretary of Defense pursuant to this order shall be on a temporary or interim basis and shall not have the effect of vacating the statutory appointment held by the successor. Sec. 3. Revocation of Prior Executive Order. Executive Order No. 12787 of December 31, 1991, is hereby revoked. œ–

THE WHITE HOUSE, April 24, 1996. [FR Doc. 96–10550 Filed 4–25–96; 8:45 am] Billing code 3195–01–P 18485

Rules and Regulations Federal Register Vol. 61, No. 82

Friday, April 26, 1996

This section of the FEDERAL REGISTER 5 U.S.C. 533 or any other provision of program is to indemnify dairy farmers contains regulatory documents having general law to publish a notice of proposed and manufacturers of dairy products applicability and legal effect, most of which rulemaking with respect to the subject who, through no fault of their own, are keyed to and codified in the Code of matter of these determinations. suffer income losses with respect to Federal Regulations, which is published under milk or milk products removed from 50 titles pursuant to 44 U.S.C. 1510. Environmental Evaluation commercial markets because such milk The Code of Federal Regulations is sold by It has been determined by an or milk products contain certain the Superintendent of Documents. Prices of environmental evaluation that this harmful residues. In addition, dairy new books are listed in the first FEDERAL action will have no significant impact farmers can also be indemnified for REGISTER issue of each week. on the quality of the human income losses with respect to milk environment. Therefore, neither an required to be removed from environmental assessment nor an commercial markets due to residues of DEPARTMENT OF AGRICULTURE Environmental Impact Statement is chemicals or toxic substances or needed. contamination by nuclear radiation or Farm Service Agency Executive Order 12372 fallout. The regulations governing the program (7 CFR 760.1–760.34) 7 CFR Part 760 This program is not subject to the authorized the operation of the program RIN 0560±AE57 provisions of Executive Order 12372, through September 30, 1995. Because which requires intergovernmental the Act mandates that the program be Dairy Indemnity Payment Program consultation with State and local carried out until the appropriated funds officials. See the Notice related to 7 CFR AGENCY: Farm Service Agency, USDA. are expended, the ending date for the part 3015, subpart V, published at 48 FR program is being deleted from the ACTION: Final rule. 29115 (June 24, 1983). regulation. The beginning dates for the SUMMARY: The authority to operate the Executive Order 12778 program are also being deleted since Diary Indemnity Payment Program they are no longer necessary. Since the This rule has been reviewed pursuant (DIPP) is contingent upon the only purpose of this final rule is to make to Executive Order 12778. To the extent appropriation of funds. Funds were a technical amendment to the State and local laws are in conflict with recently appropriated. This rule extends regulations to extend the Dairy these regulatory provisions, it is the the authority to operate this program Indemnity Payment Program in order to intent of CCC that the terms of the until the funds are expended. conform to the statute, it has been regulations prevail. The provisions of The DIPP indemnifies dairy farmers determined that no further public this rule are not retroactive. Prior to any and manufacurers for losses suffered rulemaking is required. Therefore, these judicial action in a court of competent with respect to milk and milk products, regulations shall become effective upon jurisdiction, administrative review through no fault of their own. date of publication in the Federal under 7 CFR part 780 must be EFFECTIVE DATE: Register. April 26, 1996. exhausted. FOR FURTHER INFORMATION CONTACT: List of Subjects in 7 CFR Part 760 Paperwork Reduction Act Raellen Erickson, Agricultural Program Dairy products, Indemnity payments, Specialist, Price Support Division, FSA, The amendments to 7 CFR part 760 Pesticides and pests. USDA, Ag Box 0512, P.O. Box 2415, set forth in this final rule do not contain Accordingly, the regulations at 7 CFR Washington, D. C. 20013–2415, at (202) additional information collections that Part 760 are amended as follows: 720–7320. require clearance by the Office of SUPPLEMENTARY INFORMATION: Management and Budget under the Subpart Dairy Indemnity Payment provisions of 44 U.S.C. chapter 35. Program Executive Order 12866 Existing information collections were This rule has been determined to be approved by OMB and assigned OMB 1. The authority citation for this not significant for purposes of Executive Control Number 0560–0116. subpart is revised to read as follows: Authority: Dairy Indemnity Program, P.L. Order 12866 and therefore has not been Background reviewed by the Office of Management 104–37, 109 Stat. 310. and Budget (OMB). The Dairy Indemnity Payment 2. Section 760.2 is amended by Program was originally authorized by Federal Assistance Program revising paragraphs (k)(1), (2), (l) and (o) section 331 of the Economic to read as follows: The title and number of the Federal Opportunity Act of 1964. The statutory Assistance Program, as found in the authority for the program was extended § 760.2 Definitions. Catalog of Federal Domestic Assistance, several times. Most recently, funds were * * * * * to which this rule applies are Dairy appropriated for this program by the (k) * * * Indemnity Payments, Number 10.053. Agriculture, Rural Development, Food (1) Pursuant to the direction of a and Drug Administration, and Related public agency because of the detection Regulatory Flexibility Act Agencies Appropriations Act, 1996 of pesticide residues in such whole milk It has been determined that the (‘‘the Act’’), P.L. 104–37, 109 Stat. 310, by tests made by a public agency or Regulatory Flexibility Act is not which authorizes the program to be under a testing program deemed applicable to this final rule because the carried out until all available funds have adequate for the purpose by a public Farm Service Agency is not required by been expended. The objective of the agency, or 18486 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Rules and Regulations

(2) Pursuant to the direction of a half percent being disregarded; amend requirements contained in the rule to be public agency because of the detection the definition of thins to require the use amended have been previously of other residues of chemicals or toxic of a single sieve (5/64 × 3/4 slotted-hole) approved by the Office of Management substances residues, or contamination only in the class Barley; and eliminate and Budget under control number 0580– from nuclear radiation or fallout in such the numerical grade restriction for badly 0013. whole milk by tests made by a public stained and materially weathered from Background agency or under a testing program the standards. In addition, GIPSA is deemed adequate for the purpose by a amending the breakpoint for dockage During December 1991, the Federal public agency. and establishing new breakpoints for Grain Inspection Service (FGIS), which (l) Affected manufacturer means a malting barley to conform with standard is now part of GIPSA, distributed a person who manufactures dairy changes. discussion paper concerning the U.S. products which are removed from the The objective of these revisions is to Standards for Barley. This paper commercial market pursuant to the ensure that the barley standards are addressed several issues relating to the direction of a public agency because of serving their intended purpose to standards and served as a starting point the detection of pesticide residue in facilitate the marketing of barley. for discussions with producers, such dairy products by tests made by a EFFECTIVE DATE: June 1, 1996. processors, trade associations, maltsters, public agency or under a testing FOR FURTHER INFORMATION CONTACT: handlers, and merchandisers to better program deemed adequate for the understand their views on changes purpose by a public agency. George Wollam, USDA, GIPSA, Room 0623, South Building, P. O. Box 96454, needed to improve existing standards. * * * * * Washington, D.C. 20090–6454; FGIS received positive feedback. In (o) Application period means any telephone (202) 720–0292; FAX (202) addition, FGIS reviewed the barley period during which an affected 720–4628. discussion paper with the FGIS farmer’s whole milk is removed from Advisory Committee and the Grain the commercial market pursuant to SUPPLEMENTARY INFORMATION: Quality Workshops and considered direction of a public agency for a reason Executive Order 12866 ideas received during the normal course specified in paragraph (k) of this section of business, recommendations from The Department is issuing this rule in and for which application for payment internal management and program conformance with Executive Order is made. review, and various other sources. 12866. * * * * * In the March 22, 1995, Federal Signed in Washington, DC, on April 11, Executive Order 12778 Register (60 FR 15075), GIPSA 1996. published a proposal to revise the U.S. Bruce R. Weber, This final rule has been reviewed under Executive Order 12778, Civil Standards for Barley by: (1) Modifying Acting Administrator, Farm Service Agency. Justice Reform. This action is not the classification system of barley to [FR Doc. 96–9460 Filed 4–25–96; 8:45 am] intended to have retroactive effect. The better reflect current marketing practices BILLING CODE 3410±05±P United States Grain Standards Act (Act) by establishing two classes, Malting provides in section 87g that no State or barley and Barley; (2) revising subdivision may require or impose any procedures to permit applicants the Grain Inspection, Packers and option of requesting either the malting Stockyards Administration requirements or restrictions concerning the inspection, weighing, or description standards or barley standards for malting types; (3) revising the standards 7 CFR Parts 800 and 810 of grain under the Act. Otherwise, this proposed rule will not preempt any for Two-rowed Malting barley by RIN 0580±AA14 State or local laws, regulations, or removing the ‘‘U.S. No 1 Choice’’ grade designation and combining the grading United States Standards for Barley policies unless they present an irreconcilable conflict with this rule. factors and limits for two- and six- AGENCY: Grain Inspection, Packers and There are no administrative procedures rowed malting types onto a single grade Stockyards Administration, USDA. which must be exhausted prior to any chart; (4) amending the definition for ACTION: Final rule. judicial challenge to the provisions of suitable malting type to include other this rule. proprietary malting varieties used by SUMMARY: The Grain Inspection, Packers private malting and brewing companies; and Stockyards Administration (GIPSA) Regulatory Flexibility Act Certification (5) revising the dockage certification is revising the United States Standards James R. Baker, Administrator, procedure by reporting results in half for Barley to: modify the classification GIPSA, has determined that this and whole percent with a fraction less system of barley to better reflect current proposed rule will not have a significant than one-half percent being disregarded; marketing practices by establishing two economic impact on a substantial (6) amending the definition of thins to classes, Malting barley and Barley; number of small entities as defined in require the use of a single sieve (5⁄64×3⁄4 revise procedures to permit applicants the Regulatory Flexibility Act (5 U.S.C. slotted-hole) only in the proposed class the option of requesting either the 601 et seq.) because most users of the Barley and remove the grading limits malting standards or barley standards official inspection and weighing from the standards; however, the level for malting types; revise the standards services and those entities that perform of thins will continue to be reported on for Two-rowed Malting barley by these services do not meet the the inspection certificate; (7) revising removing the ‘‘U.S. No 1 Choice’’ grade requirements for small entities. Further, the standards by removing the grading designation; amend the definition for the regulations are applied equally to all limits for damaged kernels, heat- suitable malting type to include other entities. damaged kernels, and foreign material malting varieties used by private in the proposed class Barley; and (8) malting and brewing companies; revise Information Collection Requirements eliminating the numerical grade the dockage certification procedure by In accordance with the Paperwork restriction for badly stained and reporting results in half and whole Reduction Act of 1980 (44 U.S.C. materially weathered from the percent with a fraction less than one- Chapter 35), the information collection standards. GIPSA further proposed to Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Rules and Regulations 18487 amend the inspection plan tolerances will assist in simplifying the barley market disruptions for malting varieties based on these changes. standards and facilitate the domestic used for other purposes. Labeling barley and export marketing of barley. as malting when it is being marketed for Comment Review The present barley classification another use causes confusion and could During the 60-day comment period, system is based on kernel physical lead to unnecessary marketing GIPSA received ten comments: two from characteristics. Barley is divided into complications. grain handling associations, five from three classes: Six-rowed barley, Two- All comments received were barley producer organizations, one from rowed barley, and Barley. The class Six- supportive of this revision. a malting barley trade association, one rowed barley is divided into three Based on this information, comments from a cattle feeding company, and one subclasses: Six-rowed Malting barley, received and other available from a State Department of Agriculture. Six-rowed Blue Malting barley, and Six- information, GIPSA is amending the On the basis of these comments and rowed barley. The class Two-rowed subclass definitions for Six- and Two- other available information, GIPSA has barley is divided into two subclasses: rowed barley in section 7 CFR 810.202, decided to revise the barley standards as Two-rowed Malting barley and Two- paragraphs (c)(1)(iii) and (c)(2)(ii), by proposed, with the following rowed barley. The class Barley has no deleting the reference to Malting barley exceptions: (1) Combining the grading subclasses. to provide the inspection system greater factors and limits for two- and six- This classification system does not flexibility in meeting the market needs. rowed malting types into one grading reflect current marketing practices. That This change will also bring existing chart; (2) removing the grading limits for is, barley produced in the United States standards more in line with today’s thins in the class Barley; (3) removing is used primarily as livestock feed or for marketing practices for Malting barley. the grading limits for damaged kernels, malting. Consequently, the barley U.S. No 1 Choice Grade Designation heat-damaged kernels, and foreign classing system should be structured in material in the class Barley; (4) applying a manner consistent with current GIPSA proposed to revise section 7 the current damaged kernels grade trading practices. CFR 810.205 by removing the ‘‘U.S. No limits in Six-rowed Malting barley to All comments received were 1 Choice’’ grade designation from the Two-rowed Malting barley; (5) applying supportive of the new classification grading chart and retain the factors and the present limits for injured-by-mold system. limits concerning the Choice grade as and mold damage in Two-rowed Based on this information, comments U.S. No 1 and redesignating the factors Malting barley to Six-rowed Malting received, and other available and limits for U.S. Nos. 1, 2, and 3 as barley; and (6) applying the current information, GIPSA is amending the U.S. Nos. 2, 3, and 4, respectively. This grade limits for other grains and wild barley classification system in current revision was sought to bring more oats to both Six- and Two-rowed section 7 CFR 810.202, paragraph (c), by consistency between the standards for Malting barley. establishing two classes of barley, Two- and Six-rowed Malting barley. Rather than combining the grading Malting barley and Barley. The class The current Two-rowed Malting factors and limits for two- and six- Malting barley is divided into three barley standard includes a ‘‘U.S. No 1 rowed malting types into one grading subclasses: Six-rowed Malting barley, Choice’’ grade designation. The Six- chart, GIPSA decided to maintain a Six-rowed Blue Malting barley, and rowed Malting barley standard does not separate grading chart for the two-rowed Two-rowed Malting barley. The class include a similar grade. The differences malting type and the six-rowed malting Barley is divided into three subclasses: between ‘‘U.S. No 1 Choice’’ Two-rowed type because of their different grade Six-rowed barley, Two-rowed barley, Malting barley and U.S. No. 1 Two- limits and grading factors. Also, GIPSA and Barley. rowed Malting barley are reflected in decided to retain the grading limits for the test weight, skinned and broken thins, damaged kernels, heat-damaged Applying the Malting Standards kernels, and the thin barley grade limits. kernels, and foreign material in the class GIPSA proposed to amend the GIPSA believes that the factors and Barley. In addition, GIPSA will continue subclass definitions for Six- and Two- limits for the ‘‘U.S. No 1 Choice’’ grade to apply the current grade limits in Six- rowed barley in current section 7 CFR designation are important to producers, rowed Malting barley for damaged 810.202, paragraphs (c)(1)(iii) and maltsters, and brewers. Furthermore, kernels and other grains only to Six- (c)(2)(ii), by deleting the reference to GIPSA believes that the quality rowed Malting barley and continue to Malting barley. This change is needed to requirements in the standards for Six- apply the present grade limits in Two- provide applicants the option of and Two-rowed Malting barley should rowed Malting barley for injured-by- requesting either the malting standards be more consistent to eliminate mold, mold damage, and wild oats only or the barley standards for malting confusion in the marketplace and to to Two-rowed Malting barley. types. provide more meaningful information to The present standards require official our customers. Barley Classification personnel initially to apply the Malting All commentors agreed with GIPSA’s GIPSA proposed to amend the barley barley requirements and assign grades proposal. classification system in section 7 CFR covered in section 7 CFR 810.206 only Based on this information, comments 810.202, paragraph (c), to better reflect if the sample fails to meet the malting received and other available current marketing practices by criteria. This requirement is based on information, GIPSA is removing the establishing two classes of barley, the subclass definitions for Six- and ‘‘U.S. No 1 Choice’’ grade designation specifically, Malting barley and Barley. Two-rowed barley. The subclass from section 800.86(c)(2) Table-2 and The class Malting barley is divided into definitions for Six- and Two-rowed section 7 CFR 810.205 for Two-rowed three subclasses: Six-rowed Malting barley state, in part, that barley not Malting barley. Furthermore, GIPSA is barley, Six-rowed Blue Malting barley, meeting the applicable subclass retaining the factors and limits for the and Two-rowed Malting barley. The requirement for malting shall be graded ‘‘U.S. No 1 Choice’’ grade as the U.S. class Barley is divided into three using the 7 CFR 810.206 grade chart. No. 1 grade and redesignating the subclasses: Six-rowed barley, Two- Initially applying the malting factors and limits for U.S. Nos. 1, 2, and rowed barley, and Barley. GIPSA standard requirements hampers 3 as U.S. Nos. 2, 3, and 4 for the Two- believes this new classification system inspection efficiency and may create rowed Malting barley, respectively. 18488 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Rules and Regulations

Malting Barley Grading Charts With regard to applying the present and foreign material as non-barley GIPSA proposed to revise the grade limits for mold damage and injured-by- material in Malting barley.— requirements in section 7 CFR 810.204 mold in Two-rowed Malting barley to Furthermore, the NDBC proposed and 810.205 by: (1) Combining the Six-rowed Malting barley, the North different grade limits for two- and six- factors and limits for Two- and Six- Dakota Barley Council (NDBC) stated rowed malting types as follows: rowed Malting barley into a single grade that applying the present limits for mold Two- chart; (2) establishing four numerical damage and damaged-by-mold in Two- Six-rowed rowed Malting barley to Six-rowed Grade rowed grades for all Malting barley; (3) (percent) (percent) establishing common foreign material Malting barley is restrictive and causes grade limits for all Malting barley; (4) market disruption because weather U.S. No. 1 ...... 3.0 1.5 conditions frequently cause mold establishing separate grade limits for U.S. No. 2 ...... 4.0 2.0 damage and damaged-by-mold injury. U.S. No. 3 ...... 6.0 3.0 test weight, suitable malting types, They also stated that under this U.S. No. 4 ...... 8.0 5.0 sound barley, skinned and broken proposal a significant portion of kernels, and thin barley for two- and Midwestern crop would not receive NDBC believes that this change would six-rowed malting types; (5) applying malting barley grades. Furthermore, the more accurately describe non-barley the current damaged kernels grade NDBC stated that Midwestern Six-rowed material in Malting barley and facilitate limits in Six-rowed Malting barley to Malting barley is frequently purchased marketing in export channels. Two-rowed Malting barley and in excess of the proposed limits. GIPSA believes that this establishing a new 5.0 percent damaged Further, other comments received recommendation warrants further kernels limit to correspond with the shared similar views. evaluation and has decided more proposed four grade categories; (6) Upon review of this issue and because discussions are needed before proposing applying the present limits for mold of the expressed concern of potential such a change. Meanwhile, GIPSA will damage and injured-by-mold in Two- market disruption, GIPSA has decided continue to use the current factors and rowed Malting barley to Six-rowed not to adopt this revision. Consequently, limits as applicable. Malting barley; and (7) applying the GIPSA will maintain the current limits In proposing to combine the grade current grade limits for other grains and for injured-by-mold and mold damage charts for two- and six-rowed malting wild oats to both Six- and Two-rowed for Two- and Six-rowed Malting barley. types, GIPSA believed that adopting the Malting barley. In regard to applying current grade same grading factors would simplify the In the present standards, separate limits for other grains and wild oats to malting standards and promote grade charts exist for two- and six- both Six- and Two-rowed malting types, uniformity between Two- and Six- rowed malting types. Additionally, the the current malting standards impose rowed Malting barley. However, the factor requirements differ based on the grade limits for other grains and wild proposal to apply the same grading barley subclass. For example, the oats but not consistently for Two- and factors to all malting barley were not current standards impose limits for Six-rowed Malting barley. These adopted. A single grade chart containing other grains, wild oats, mold damage, differences reflect the traditional different factors and grade limits for and injured-by-mold, but not variances between the production areas two- and six-rowed malting types would consistently for all malting types. These and markets dealing with Six- and Two- be hard to read or understand. differences reflect the traditional rowed Malting barley. In proposing to Therefore, GIPSA has decided not to variances between the production areas apply current grade limits for other combine the grade charts for two- and and markets dealing with Six- and Two- grains and wild oats to both Six- and six-rowed malting types because rowed Malting barley. In proposing Two-rowed Malting types, GIPSA common grading factors and limits were changes to the standards, GIPSA believed that the malting standards not established. Consequently, GIPSA believed that the malting standards should be revised to more consistently will maintain a separate grading chart should be revised to more consistently apply factor requirements between Two- for the Two-rowed Malting barley and apply factor requirements between Two- and Six-rowed Malting types. the Six-rowed Malting barley because of and Six-rowed barley. GIPSA also GIPSA received no support for this their different grade limits and grading believed that the proposed revisions to proposed action. A commentor factors. combine sections 7 CFR 810.204 and opposing this proposal stated that while GIPSA received no opposition to 810.205 simplify the malting standards the proposal adds more uniformity to establishing four numerical grades for and make them more user friendly. the grading standards, it fails to malting barley; separate grade limits for Supporters stated that combining the consider the impact on domestic and test weight; percent suitable malting factors and grade limits for Six- and export markets. types, sound barley, skinned and broken Two-rowed Malting barley into one Applying uniform grade limits for kernels, and thin barley for two- and chart will make the malting barley other grains and wild oats to both six- six-rowed malting types; or establishing standards more user friendly, make the and two-rowed malting types may common foreign material grade limits standards more compatible between the impact negatively on domestic and/or for all Malting barley. Two-rowed and Six-rowed Malting export markets. Therefore, GIPSA has Based on information and suggestions types, and reduce potential confusion of decided not to adopt this proposal. received from individuals using these foreign purchasers. Consequently, GIPSA will continue to grade charts, comments received, and Several organizations representing apply the current grade limits for other other available information, GIPSA will: producers, handlers, and maltsters grains to six-rowed malting type only (1) Maintain separate grading charts for opposed applying the present limits for and the current grade limits for wild two- and six-rowed malting types; (2) mold damage and damaged-by-mold in oats to two-rowed malting type only. establish four numerical grades for all Two-rowed Malting barley to Six-rowed In its comment, the NDBC Malting barley; (3) apply the current malting types and applying the current recommended to aggregate wild oats, grade limits for damaged kernels and grade limits for other grains and wild other grains, and foreign materials into other grains to Six-rowed Malting barley oats to both Six- and Two-rowed one category. They stated —foreign only; (4) apply the present limits for Malting types. buyers perceive other grains, wild oats, wild oats, injured-by-mold, and mold Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Rules and Regulations 18489 damage to Two-rowed Malting barley a fraction less than one-half percent sieve. Under this requirement, the factor only; (5) apply the proposed foreign being disregarded. thins in the standards is a measurement material grade limits to two- and six- Dockage in barley consists of dust, of kernel size more than an indicator of rowed malting types; and (6) for six- chaff, small weed seed, very small overall quality in barley. rowed malting types adopt the proposed pieces of broken barley, and coarse All commentors were supportive of grade limits for test weight, sound grains larger than barley. Present GIPSA’s proposal to use one standard barley, damaged kernels, skinned and standards certify dockage in whole sieve size (5⁄64 × 3⁄5 slotted-hole) to broken kernels, and thin barley. percents with fractions of a percent determine thins for the class Barley. being disregarded. GIPSA believes that Several commentors opposed the Suitable Malting Type this method of reporting often removal of thins as a grade determining GIPSA proposed to amend the understates dockage levels. GIPSA also factor stating: (1) Thins are one of the definition of suitable malting type in believes that reporting dockage in half most important grading factors, current section 7 CFR 810.202, and whole percent provides a more particularly in livestock feed and export paragraph (t), to expand the list of accurate description of non-barley markets; (2) there is correlation between approved malting varieties. The material, by that, enabling handlers and barley quality and the level of thins proposed definition will include other end-users to decide quality, storability, because a high level of thins can cause malting types used by various maltsters and end-product yield. Also, providing problems in rolling barley and it will and brewers. actual dockage percentage in the affect the nutritive value of barley; (3) Current standards require a specified remarks section of the certificate is the end-users rely on the official grading level of suitable malting type before the currently available upon request. system to determine the level of thins Malting barley designation is assigned. One commentor supporting this and corresponding numerical grade; (4) The American Malting Barley change stated that much of the if the end-users contract for a certain Association (AMBA) identifies which commercial trade is done in tenth of grade of barley, they currently can be malting varieties are considered percent increments. However, GIPSA assured of a specified maximum suitable. The AMBA revises its list of believes that the proposed change best percentage of thin kernels; (5) most of reflects market needs at this time. approved malting types annually by the barley sold into the feed market is Accordingly, no further changes to this traded on the basis of thins; (6) they adding new varieties and deleting provision are needed. Applicants feared the potential for increased outdated ones. However, many malting interested in receiving dockage blending, which may lower the overall varieties removed from the AMBA list information in tenth of percent quality; and (7) they stated that FGIS continue to be produced, marketed, and increments may receive it upon request. failed to consider the impacts on export processed. Under the current malting Based on this information, comments markets. standards, a variety that meets all received, and other available GIPSA recognizes that thin barley is a quality requirements for malting but is information, GIPSA is revising the factor used by the industry to determine not included on the AMBA list could dockage certification procedure in market value. Also, that the end-user is not be classified as Malting barley. section 7 CFR 810.104, paragraph (b), to in the best position to determine the Furthermore, several breweries are report dockage in barley in half and appropriate level of thins when arriving actively involved in the development whole percent with a fraction less than at the market value of the grain. and production of malting barley types one-half percent being disregarded. Therefore, GIPSA has decided not to to meet various end-use specifications. remove the grade limits for thins in the Thin Barley Often, these varietal types are not tested class barley because there appears to be and approved by AMBA, although such GIPSA proposed to revise the sieve a market need to preserve these limits varieties meet all quality requirements requirement for determining thin barley based on comments received. of the brewery. This revision will permit in current section 7 CFR 810.202, Consequently, the factor ‘‘thins’’ will official inspection personnel to apply paragraph (u), by requiring the use of a continue to be a grade determining the malting grade designation to any of 5 × 3 single sieve ( ⁄64 ⁄4 slotted-hole), in factor in the class Barley. these malting varieties. Also, it will determining thins in the class Barley. Based on this information, comments bring existing standards more in line GIPSA also proposed to amend section received, and other available with today’s processing practices of the 7 CFR 800.162 to delete the factor thins information, GIPSA is revising current malting and brewing industries. and its corresponding grade limits for section 7 CFR 810.202, paragraph (u), to All comments received were the class Barley and require that the require the use of the 5⁄64 × 3⁄4 slotted- supportive of the proposal to revise the level of thins be reported on each whole sieve for thin barley definition of suitable malting type to certificate representing an inspection for determination in the class Barley. include varieties recommended by grade. This procedure is similar to the AMBA and other malting types. certification procedure for moisture, Sound Barley Based on this information, comments which provides the marketplace with GIPSA proposed to revise section 7 received, and other available the flexibility to establish more CFR 810.206 by removing the factors information, GIPSA is revising the meaningful quality limits for thins and limits for damaged kernels, heat- suitable malting type definition in based on the specific needs of end- damaged kernels, and foreign material current section 7 CFR 810.202, users. in the class Barley. In proposing this paragraph (t), to include varieties Present standards define thin barley revision, GIPSA believed that the recommended by AMBA and other as Six-rowed barley which passes standards would rely on the factor malting types. through a 5⁄64 × 3⁄4 slotted-hole sieve or ‘‘sound barley’’ to relate the overall Two-rowed barley which passes through amount of damaged kernels, heat- Dockage a 5.5⁄64 × 3⁄4 slotted-hole sieve. In damaged kernels, and foreign material. GIPSA proposed to revise the dockage addition, for the class Barley, which In addition, applicants interested in the certification procedure in section 7 CFR consists of a mixture of Six- and Two- percentage and composition of damaged 810.104, paragraph (b), by reporting rowed barley, thin barley is barley kernels, heat-damaged kernels, and results in half and whole percent with passing through the 5⁄64 × 3⁄4 slotted-hole foreign material may request this 18490 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Rules and Regulations information be reported on the weathered is graded not higher than the present limits for mold damage and inspection certificate. U.S. No. 4. injured-by-mold in Two-rowed Malting Supporters of this change stated that Commentors did not oppose GIPSA’s barley to Six-rowed Malting barley; and relying on the factor ‘‘sound barley’’ to proposal to remove the badly stained or (6) applying the current grade limits for determine quality is favorable, materially weathered criterion from the other grains and wild oats to both Six- providing other information concerning standards. and Two-rowed Malting barley. non-barley material and damaged Based on this information, comments Rather than combining the grading kernels is available to interested parties. received, and other available factors and limits for two- and six- Opponents of this proposed change information, GIPSA has decided to rowed malting types into one grading stated: Eliminating the factors and grade amend section 7 CFR 810–206 by chart, GIPSA decided to maintain a limits for damaged kernels, heat- eliminating the grade limitation for separate grading chart for the two-rowed damaged kernels, and foreign material badly stained or materially weathered. malting type and the six-rowed malting and relying on sound barley to relate the Miscellaneous Changes type because of their different grade overall amount of damage and non- GIPSA proposed to revise the format limits and grading factors. Also, GIPSA barley materials will be an incentive to decided to retain the grading limits for add non-barley material to barley of the grade charts in the standards for Malting barley and Barley. These thins, damaged kernels, heat-damaged shipments; while the domestic market kernels, and foreign material in the class likely would quickly adapt to this proposed revisions were intended to improve the readability of the grading Barley. In addition, GIPSA will continue change, the export market will be at a to apply the current grade limits in Six- serious disadvantage; and U.S. tables. Based on information and suggestions received from individuals rowed Malting barley for damaged competitors have much more stringent kernels and other grains only to Six- quality parameters, and any using these grading charts, GIPSA has decided not to adopt the proposed rowed Malting barley and continue to retrenchment from the current grading apply the present limits in Two-rowed system would cause further concerns by format. Consequently, the present format of the grading charts in the Malting barley for injured-by-mold, wild overseas customers and cause reduction oats, and mold damage only to Two- in U.S. exports. standards for Malting barley and Barley will not be changed. rowed Malting barley. Upon further review of this issue and Pursuant to section 4(b)(1) of the Inspection Plan Tolerances in view of the comments and concerns, United States Grain Standards Act (7 GIPSA believes that removing the grade Shiplots, unit trains, and lash barge U.S.C. 76(b)(1)), no standards limits for damaged kernels, heat- lots are inspected by a statistically based established or amendments or damaged kernels, and foreign material inspection plan (55 FR 24030, June 13, revocations of standards are to become in the class Barley and relying on sound 1990). Inspection tolerances, commonly effective less than one calendar year barley to relate the overall amount of referred to as breakpoints, are used to after promulgation unless, in the damage and non-barley may not reflect determine acceptable quality. GIPSA judgment of the Administrator, the domestic and/or export markets need. proposed to amend the breakpoint for public health, interest, or safety requires Therefore, GIPSA has decided to retain dockage from 0.47 to 0.23 percent. that they become effective sooner. the factors and limits for damaged GIPSA also proposed to establish Pursuant to that section of the Act, it kernels, heat-damaged kernels, and breakpoints conforming to the proposed has been determined that in the public foreign material in the class Barley as changes to the barley standards. interest the revision becomes effective grade determining factors because there GIPSA received no opposition to June 1, 1996. This effective date will appears to be a market need to maintain amending or establishing breakpoints as coincide with the beginning of the 1996 these factors and their grade limits as included in the proposal. crop year and facilitate domestic and grade determining factors. Based on this information, comments export marketing of barley. Based on this information, comments received, and other available received, and other available information, GIPSA is revising section List of Subjects in 7 CFR Parts 800 and information, GIPSA has decided not to 800.86, Table 4, by changing the 810 revise section 7 CFR 810.206 of the dockage breakpoint to 0.23 percent. standards. Consequently, the grade Administrative practice and GIPSA is also adopting breakpoints for procedure, Export, Grain. limits for damaged kernels, heat- the changes to the malting barley damaged kernels, and foreign material standards. For reasons set forth in the preamble, in the class Barley will continue to be 7 CFR Part 800 and 7 CFR Part 810 are grade determining factors. Final Action amended as follows: Badly Stained or Materially Weathered On the basis of these comments and Barley other available information, GIPSA has PART 800ÐGENERAL REGULATIONS decided to revise the barley standards as GIPSA proposed to eliminate the proposed, with the following 1. The authority citation for Part 800 grade limitation for barley that is badly exceptions: (1) Combining the grading continues to read as follows: stained or materially weathered from factors and limits for two- and six- Authority: Pub. L. 94–582, 90 Stat. 2867, section 7 CFR 810.206. GIPSA also rowed malting types into one grade as amended (7 U.S.C. 71 et seq.). proposed to remove the definition for chart; (2) removing the grading limits for stained barley from 7 CFR 810.202 (s). thins in the class Barley; (3) removing 2. Section 800.86 (c)(2) Tables 1, 2, 3, The determination of badly stained or the grading limits for damaged kernels, and 4 are revised to read as follows: materially weathered barley is seldom heat-damaged kernels, and foreign § 800.86 Inspection of shiplot, unit train, made because this condition is generally material in the class Barley; (4) applying and lash barge grain in single lots. reflected in other grading factors the current damaged kernels grade including sound barley. Presently, limits in Six-rowed Malting barley to * * * * * barley that is badly stained or materially Two-rowed Malting barley; (5) applying (2) * * * Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Rules and Regulations 18491

TABLE 1ÐGRADE LIMITS (GL) AND BREAKPOINTS (BP) FOR SIX-ROWED MALTING BARLEY AND SIX-ROWED BLUE MALTING BARLEY

Minimum limits ofÐ Maximum limits ofÐ

Grade Damaged Foreign ma- Skinned and Test weight per Suitable malting Sound barley kernels (per- terial (per- Other grains broken ker- Thin barley bushel (pounds) types (percent) (percent) 1 (percent) nels (per- (percent) cent) cent) cent)

GL BP GL BP GL BP GL BP GL BP GL BP GL BP GL BP U.S. No. 1 ...... 47.0 ¥0.5 95.0 ¥1.3 97.0 ¥1.0 2.0 0.8 0.5 0.1 2.0 0.8 4.0 1.1 7.0 0.6 U.S. No. 2 ...... 45.0 ¥0.5 95.0 ¥1.3 94.0 ¥1.4 3.0 0.9 1.0 0.4 3.0 0.9 6.0 1.4 10.0 0.9 U.S. No. 3 ...... 43.0 ¥0.5 95.0 ¥1.3 90.0 ¥1.6 4.0 1.1 2.0 0.5 5.0 1.3 8.0 1.5 15.0 0.9 U.S. No. 4 ...... 43.0 ¥0.5 95.0 ¥1.3 87.0 ¥1.9 5.0 1.3 3.0 0.6 5.0 1.3 10.0 1.6 15.0 0.9 1 Injured-by-frost kernels and injured-by-mold kernels are not considered damaged kernels or considered against sound barley.

TABLE 2ÐGRADE LIMITS (GL) AND BREAKPOINTS (BP) FOR TWO-ROWED MALTING BARLEY

Minimum limits ofÐ Maximum limits ofÐ

Grade 1 Skinned and bro- Test weight per Suitable malting Sound barley Wild oats (per- Foreign material ken kernels (per- Thin barley (per- bushel (pounds) types (percent) (percent) cent) (percent) cent) cent)

GL BP GL BP GL BP GL BP GL BP GL BP GL BP U.S. No. 1 ...... 50.0 ¥0.5 97.0 ¥1.0 98.0 ¥0.8 1.0 0.6 0.5 0.1 5.0 1.3 5.0 0.4 U.S. No. 2 ...... 48.0 ¥0.5 97.0 ¥1.0 98.0 ¥0.8 1.0 0.6 1.0 0.4 7.0 1.3 7.0 0.5 U.S. No. 3 ...... 48.0 ¥0.5 95.0 ¥1.3 96.0 ¥1.1 2.0 0.8 2.0 0.5 10.0 1.8 10.0 0.9 U.S. No. 4 ...... 48.0 ¥0.5 95.0 ¥1.3 93.0 ¥1.1 3.0 0.9 3.0 0.6 10.0 1.8 10.0 0.9 1 Injured-by-frost kernels and injured-by-mold kernels are not considered damaged kernels or considered against sound barley.

Note: Malting barley shall not be infested § 810.206. Six- and two-rowed barley shall be graded in accordance with standards in accordance with § 810.107(b) and shall not varieties not meeting the above requirements established for the class Barley. contain any special grades as defined in

Minimum limits ofÐ Maximum limits ofÐ Grade Test weight per Sound barley Damaged ker- Heat damaged Foreign material Broken kernels Thin barley (per- bushel (pounds) (percent) nels 1 (percent) kernels (percent) (percent) (percent) cent)

GL BP GL BP GL BP GL BP GL BP GL BP GL BP U.S. No. 1 ...... 47.0 ¥0.5 97.0 ¥1.1 2.0 0.8 0.2 0.1 1.0 0.4 4.0 1.0 10.0 0.9 U.S. No. 2 ...... 45.0 ¥0.5 94.0 ¥1.4 4.0 1.0 0.3 0.1 2.0 0.4 8.0 1.5 15.0 0.9 U.S. No. 3 ...... 43.0 ¥0.5 90.0 ¥1.6 6.0 1.4 0.5 0.2 3.0 0.5 12.0 1.8 25.0 1.3 U.S. No. 4 ...... 40.0 ¥0.5 85.0 ¥2.2 8.0 1.5 1.0 0.5 4.0 0.5 18.0 1.8 35.0 1.9 U.S. No. 5 ...... 36.0 ¥0.5 75.0 ¥2.2 10.0 1.8 3.0 0.6 5.0 0.6 28.0 2.4 75.0 2.3 1 Includes heat-damaged kernels. Injured-by-frost kernels and injured-by-mold kernels are not considered damaged kernels.

TABLE 4±BREAKPOINTS FOR BARLEY (b) Recording. The percentage of class Malting barley is divided into the SPECIAL GRADES AND FACTORS dockage in flaxseed, rye, and sorghum is following three subclasses: reported in whole percent with fractions (i) Six-rowed Malting barley. Barley Special of a percent being disregarded. Dockage that has a minimum of 95.0 percent of grade or Grade or range limit Break- point in barley and triticale is reported in a six-rowed suitable malting type that factor whole and half percent with a fraction has 90.0 percent or more of kernels with less than one-half percent being Dockage As specified by contract 0.23 white aleurone layers that contains not disregarded. * ** or load order. more than 1.9 percent injured-by-frost * * * * * kernels, 0.4 percent frost-damaged * * * * * 6. Subpart B, section 810.202, kernels, 0.2 percent injured-by-heat paragraph (c), is revised and paragraph kernels, and 0.1 percent heat-damaged PART 810ÐOFFICIAL UNITED STATES (s), Stained barley, is removed. STANDARDS FOR GRAIN kernels. Six-rowed Malting barley shall Paragraph (t), Suitable malting type, is not be infested, blighted, ergoty, revised and redesignated as (s). 3. The authority citation for Part 810 garlicky, or smutty as defined in Paragraph (u), Thin barley, is revised continues to read as follows: § 810.107(b) and § 810.206. and redesignated as (t). Paragraph (v), Authority: Pub. L. 94–582 90 Stat. 2867, as Wild oats, is redesignated as (u) to read (ii) Six-rowed Blue Malting barley. amended (7 U.S.C. 71 et seq.). as follows: Barley that has a minimum of 95.0 4.–5. Subpart A, section 810.104, percent of a six-rowed suitable malting paragraph (b), is amended by revising Subpart BÐU.S. Standards for Barley type that has 90.0 percent or more of the first and second sentences to read as * * * * * kernels with blue aleurone layers that follows: contains not more than 1.9 percent § 810.202 Definition of other terms. injured-by-frost kernels, 0.4 percent Subpart AÐGeneral Provisions * * * * * frost-damaged kernels, 0.2 percent * * * * * (c) Classes. There are two classes of injured-by-heat kernels, and 0.1 percent barley: Malting barley and Barley. heat-damaged kernels. Six-rowed Blue § 810.104 Percentages. (1) Malting barley. Barley of a six- Malting barley shall not be infested, * * * * * rowed or two-rowed malting type. The 18492 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Rules and Regulations blighted, ergoty, garlicky, or smutty as (i) Six-rowed barley. Any Six-rowed (1) Malting barley. Six-rowed Malting defined in § 810.107(b) and § 810.206. barley that contains not more than 10.0 barley that passes through a 5⁄64 × 3⁄4 (iii) Two-rowed Malting barley. Barley percent of two-rowed varieties. slotted-hole sieve and Two-rowed that has a minimum of 95.0 percent of (ii) Two-rowed barley. Any Two- Malting barley which passes through a rowed barley with white hulls that 5.5 × 3 a two-rowed suitable malting type that /64 ⁄4 slotted-hole sieve in contains not more than 10.0 percent of contains not more than 1.9 percent accordance with procedures prescribed six-rowed varieties. in GIPSAs instructions. injured-by-frost kernels, 0.4 percent (iii) Barley. Any barley that does not frost-damaged kernels, 0.2 percent meet the requirements for the subclasses (2) Barley. Six-rowed barley, Two- injured-by-heat kernels, 0.1 percent Six-rowed barley or Two-rowed barley. rowed barley, or Barley that passes heat-damaged kernels, 1.9 percent 5 × 3 * * * * * through a ⁄64 ⁄4 slotted-hole sieve in injured-by-mold kernels, and 0.4 (s) Suitable malting type. Varieties of accordance with procedures prescribed percent mold-damaged kernels. Two- malting barley that are recommended by in GIPSAs instructions. rowed Malting barley shall not be the American Malting Barley infested, blighted, ergoty, garlicky, or * * * * * Association and other malting type(s) 7. Section 810.204 is revised to read smutty as defined in § 810.107(b) and used by the malting and brewing as follows: § 810.206. industry. The varieties are listed in (2) Barley. Any barley of a six-rowed GIPSAs instructions. § 810.204 Grades and Grade Requirements or two-rowed type. The class Barley is (t) Thin barley. Thin barley shall be for Six-rowed Malting barley and Six-rowed divided into the following three defined for the appropriate class as Blue Malting barley. subclasses: follows:

Minimum limits ofÐ Maximum limits ofÐ

Test Suitable Skinned Grade weight Sound Damaged Foreign Other and bro- Thin bar- malting 1 1 per types barley kernels material grains ken ker- ley (per- bushel (percent) (percent) (percent) (percent) (percent) nels (per- cent) (pounds) cent)

U.S. No. 1 ...... 47.0 95.0 97.0 2.0 0.5 2.0 4.0 7.0 U.S. No. 2 ...... 45.0 95.0 94.0 3.0 1.0 3.0 6.0 10.0 U.S. No. 3 ...... 43.0 95.0 90.0 4.0 2.0 5.0 8.0 15.0 U.S. No. 4 ...... 43.0 95.0 87.0 5.0 3.0 5.0 10.0 15.0 1 Injured-by-frost kernels and injured-by-mold kernels are not considered damaged kernels or considered against sound barley.

Notes: Malting barley shall not be infested meeting the requirements of this section shall 8. Section 810.205 is revised to read in accordance with § 810.107(b) and shall not be graded in accordance with standards as follows: contain any special grades as defined in established for the class Barley. § 810.206. Six-rowed Malting barley and Six- § 810.205 Grades and Grade Requirements rowed Blue Malting barley varieties not for Two-rowed Malting barley.

Minimum limits ofÐ Maximum limits ofÐ

Grade Test weight Suitable Sound bar- Foreign ma- Skinned malting 1 Wild oats and broken Thin barley per bushel types (per- ley (per- (percent) terial (per- kernels (percent) (pounds) cent) cent) cent) (percent)

U.S. No. 1 ...... 50.0 97.0 98.0 1.0 0.5 5.0 5.0 U.S. No. 2 ...... 48.0 97.0 98.0 1.0 1.0 7.0 7.0 U.S. No. 3 ...... 48.0 95.0 96.0 2.0 2.0 10.0 10.0 U.S. No. 4 ...... 48.0 95.0 93.0 3.0 3.0 10.0 10.0 1 Injured-by-frost kernels and injured-by-mold kernels are not considered damaged kernels or considered against sound barley.

Note: Malting barley shall not be infested section shall be graded in accordance with § 810.206 Grades and Grade Requirements in accordance with § 810.107(b) and shall not standards established for the class Barley. for Barley. contain any special grades as defined in § 810.206. Two-rowed Malting barley 9. Section 810.206 is revised to read varieties not meeting the requirements of this as follows:

Minimum limits ofÐ Maximum Limits ofÐ Heat dam- Grade Test weight Sound bar- Damaged Foreign ma- Broken ker- 1 aged ker- Thin barley per bushel ley (per- kernels nels (per- terial (per- nels (per- (percent) (pounds) cent) (percent) cent) cent) cent)

U.S. No. 1 ...... 47.0 97.0 2.0 0.2 1.0 4.0 10.0 U.S. No. 2 ...... 45.0 94.0 4.0 0.3 2.0 8.0 15.0 U.S. No. 3 ...... 43.0 90.0 6.0 0.5 3.0 12.0 25.0 U.S. No. 4 ...... 40.0 85.0 8.0 1.0 4.0 18.0 35.0 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Rules and Regulations 18493

Minimum limits ofÐ Maximum Limits ofÐ

Grade Test weight Sound bar- Damaged Heat dam- Foreign ma- Broken ker- 1 aged ker- Thin barley per bushel ley (per- kernels nels (per- terial (per- nels (per- (percent) (pounds) cent) (percent) cent) cent) cent)

U.S. No. 5 ...... 36.0 75.0 10.0 3.0 5.0 28.0 75.0 U.S. Sample Grade: U.S. Sample grade shall be barley that: (a) Does not meet the requirements for the grades 1, 2, 3, 4, or 5; or (b) Contains 8 or more stones or any number of stones which have an aggregate weight in excess of 0.2 percent of the sample weight, 2 or more pieces of glass, 3 or more crotalaria seeds (Crotalaria spp.), 2 or more caster beans (Ricinus communis L.), 4 or more particles of un- known foreign substance(s) or commonly recognized harmful or toxic substance(s), 8 or more cocklebur (Xanthium spp.) or similar seeds singly or in combination, 10 or more rodent pellets, bird droppings, or equivalent quantity of other animal filth per 11¤8 to 11¤4 quarts of barley; or (c) Has a musty, sour, or commercially objectionable foreign odor (except smut or garlic odor); or (d) Is heating or otherwise of distinctly low quality. 1 Includes heat-damaged kernels. Injured-by-frost kernels and injured-by-mold kernels are not considered damaged kernels.

Dated: April 8, 1996. Intergovernmental Review their regulatory actions on State, local, James R. Baker, This program is listed in the Catalog and tribal governments and the private Administrator. of Federal Domestic Assistance under sector. Under section 202 of the UMRA, [FR Doc. 96–10305 Filed 4–25–96; 8:45 am] number 10.768, and is subject to RBS generally must prepare a written BILLING CODE 3410±EN±P intergovernmental consultation in statement, including a cost-benefit accordance with Executive Order 12372, analysis, for proposed and final rules and as stated in FmHA Instruction with ‘‘Federal mandates’’ that may Rural Housing Service 1940–J, ‘‘Intergovernmental Review of result in expenditures to State, local, or tribal governments, in the aggregate, or Rural Business-Cooperative Service Farmers Home Administration Programs and Activities.’’ to the private sector, of $100 million or Rural Utilities Service more in any one year. When such a Environmental Impact Statement statement is needed for a rule, section Farm Service Agency This action has been reviewed in 205 of the UMRA generally requires accordance with 7 CFR Part 1940, RBS to identify and consider a 7 CFR Part 1980 Subpart G, ‘‘Environmental Program.’’ reasonable number of regulatory The Agency has determined that this alternatives and adopt the least RIN 0570±AA11 action does not constitute a major burdensome alternative that achieves Federal action significantly affecting the the objectives of the rule. Business and Industrial Loan quality of the human environment and, This rule contains no Federal ProgramÐAudit Requirements in accordance with the National mandates (under the regulatory provisions of Title II of the UMRA) for AGENCIES: Rural Housing Services, Rural Environmental Policy Act of 1969, Pub. State, local, and tribal governments or Business-Cooperative Service, Rural L. 91–190, an Environmental Impact the private sector. Thus today’s rule is Utilities Service, and Farm Service Statement is not required. not subject to the requirements of Agency, USDA. Civil Justice sections 202 and 205 of the UMRA. ACTION: Final rule. This rule has been reviewed under Paperwork Reduction Act Executive Order 12778, Civil Justice SUMMARY: The Rural Business- Reform. In accordance with this rule: (1) The collection of information Cooperative Service (RBS) is amending All State and local laws and regulations requirements contained in this the regulations for the Business and that are in conflict with this rule will be regulation have been previously Industry (B&I) Loan Program. The action preempted; (2) no retroactive effect will approved by the Office of Management clarifies the requirements for annual be given to this rule; and (3) and Budget (OMB) under the provisions financial statements and establishes administrative proceedings in of 44 U.S.C. chapter 35 and have been thresholds for determining which accordance with the regulations of the assigned OMB control number 0575– borrowers will be required to provide agency at 7 CFR Part 1900 Subpart B or 0029. This final rule does not impose audited statements. those regulations published by the any new information collection EFFECTIVE DATE: April 26, 1996. Department of Agriculture to implement requirements from those approved by OMB. FOR FURTHER INFORMATION CONTACT: the provisions of the National Appeals Richard T. Bonnet, Commercial Loan Division as mandated by the Background Department of Agriculture Specialist, Rural Business-Cooperative This regulatory package is an Agency Service, USDA, Ag Box 3221, Reorganization Act of 1994 must be exhausted before bringing suit in court initiative to enhance the program by Washington DC 20250–3221, Telephone reducing the financial burden on small (202) 720–1804. challenging action taken under this rule unless those regulations specifically business borrowers of obtaining annual SUPPLEMENTARY INFORMATION: allow bringing suit at an earlier time. audits of their financial statements. The existing regulations require annual Classification Unfunded Mandate Reform Act audited financial statements from all This final rule has been determined to Title II of the Unfunded Mandate borrowers, except those with loans that be significant and was reviewed by the Reform Act of 1995 (UMRA), Pub. L. have been paid down to no more than Office of Management and Budget under 104–4, establishes requirements for $100,000 and to no more than two- Executive Order 12866. Federal agencies to assess the effects of thirds of the original balance and have 18494 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Rules and Regulations been current on repayments for at least GAAP and there is no reason to require The audit must be performed in 24 months. The cost of the audits can audits be done two different ways, accordance with generally accepted often be the difference between a profit GAAP will be used. That requirement is accounting principles (GAAP). In and a loss for the year for small changed in the final rule. addition, the audits are also to be businesses. Many small businesses that One writer recommended the performed in accordance with need and want the assistance of the B&I language be revised to make it clear that approriate Office of Management and guaranteed loan decide not to apply the monetary threshold is referring to Budget (OMB) circulars and any Agency because they are unwilling to commit to the total principal plus interest balance requirements specified in this subpart. the cost of an annual audit. Small at year end. This suggestion has been (b) Unaudited financial statements. businesses that have obtained B&I adopted. For borrowers with a loan balance guaranteed loans sometimes become One writer objected to the use of the (principal plus interest at year-end) of delinquent on the loans because the term ‘‘quality’’ in reference to whether $1 million or less, the Agency will funds were spent on audits or refuse to financial statements are audited, require annual financial statements honor their agreement to provide the reviewed, or compiled. The phrasing which may be statements compiled or audits. has been revised in the final rule to reviewed by an accountant qualified in eliminate that word usage. accordance with the publication Discussion of Comments One writer questioned how an ‘‘Standards for Audit of Governmental On March 28, 1994, a proposed rule individual borrower could be expected Organizations, Programs, Activities and was published in the Federal Register to know when the Agency wanted Functions’’ instead of audited financial (59 FR 14371) to remove or allow the audited or unaudited financial statements. Agency to waive the requirement for statements in excess of the minimum (c) Internal financial statements. The annual audits for all loans of $500,000 requirements. We believe it is Agency may require submission of or less and for loans that have been sufficiently clear that the Agency will financial statements prepared by the outstanding and have provided audits inform the lender and borrower of the borrower at whatever frequency is for three years, have an unpaid balance requirements being imposed for each determined necessary to adequately not exceeding $1 million, and are loan. The final rule is not different from monitor the loan. Quarterly financial current on repayments. As proposed, all the proposed rule in this regard. statements will be required on new borrowers that did not provide audited One writer suggested the specific business enterprises or those needing financial statements would be required threshold for audits to be performed close monitoring. to provide financial statements under OMB Circulars A–128 and A–133 (d) Minimum requirements. This compiled or reviewed by an be removed because the threshold set by section sets out minimum requirements independent certified public accountant OMB might change. This suggestion has for audited and unaudited financial or licensed public accountant. been adopted. statements to be submitted to the Guaranteed loan borrowers subject to Agency. If specific circumstances OMB Circulars A–128 or A–133 would List of Subjects in 7 CFR part 1980 warrant, the Agency may require also have to comply with those Loan programs—Business, Rural audited financial statements or Circulars. Insured (direct) B&I loans are areas, Rural development assistance. independent unaudited financial governed by the requirements of 7 CFR Accordingly, chapter XVIII, title 7, statements in excess of the minimum 1942. Code of Federal Regulations is amended requirements. For example, loans that Eleven letters commenting on the as follows: depend heavily on inventory and proposed rule were received. Ten accounts receivable for collateral will strongly supported the concept of PART 1980ÐGENERAL normally be audited, regardless of the relaxing audit requirements. None of the size of the loan. Nothing in this section writers objected to the concept. Two 1. The authority citation for part 1980 shall be considered an impediment to writers recommended raising the continues to read as follows: the lender requiring financial statements threshold for requiring audits in Authority: 7 CFR 1989; 42 U.S.C. 1480; 5 more frequently than required by the connection with new loans from U.S.C. 301; 7 CFR 2.23; 7 CFR 2.70 Agency or requiring audited financial $500,000 to $1 million. Also, two statements when the Agency would writers recommended removing the Subpart EÐBusiness and Industrial accept unaudited financial statements. proposed requirement that existing Loan Program (e) Public bodies and nonprofit borrowers with loans not exceeding $1 2. Section 1980.445 is added to read corporations. Notwithstanding other million must provide audited as follows: provisions of this section, any public statements for three years before an body or nonprofit corporation that exception to the audit requirements may § 1980.445 Periodic financial statements receives a guarantee of a loan that meets be made. To deal with both of these and audits. the thresholds established by OMB issues, the final rule provides for only All borrowers will be required to Circular A–128 or A–133 for coverage one threshold for either new or existing submit periodic financial statements to under such circular, must provide an loans. The threshold for requiring the lender. Lenders must forward copies audit in accordance with the applicable audited statements will be a total of the financial statements and the OMB Circular A–128 or A–133 for the Agency guaranteed loan balance lender’s analysis of the statements to the fiscal year of the borrower in which the exceeding $1 million. Agency. Loan Note Guarantee is issued. If the Two writers objected to the proposed (a) Audited financial statements. loan is for development or purchases requirement that audits be performed in Except as provided in paragraphs (d) made in a previous fiscal year through accordance with Generally Accepted and (e) of this section, all borrowers interim financing, an audit, in Government Auditing Standards with a total principal and interest loan accordance with the applicable circular, (GAGAS) rather than Generally balance for loans under this subpart, at will also be provided for the fiscal year Accepted Accounting Principles the end of the borrower’s fiscal year of in which the development or purchases (GAAP). The Agency has determined more than $1 million, must submit occurred. Any audit provided by a that since most businesses already use annual audited financial statements. public body or nonprofit corporation in Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Rules and Regulations 18495 compliance with OMB Circular A–128 Federal Reserve regulations. The List of margin securities. A copy of the or A–133 will be considered adequate to Foreign Margin Stocks (Foreign List) is complete Foreign List is available from meet the requirements of this section for composed of foreign equity securities the Federal Reserve Banks. that year. OMB Circulars are available that have met the Board’s eligibility Public Comment and Deferred Effective from the Office of Management and criteria under Regulation T. The OTC Date Budget, EOP Publications Office, 725 List and the Foreign List are published 17th Street, NW., Room 2200, New four times a year by the Board. This The requirements of 5 U.S.C. 553 with Executive Office Building, Washington, document sets forth additions to and respect to notice and public DC 20503. deletions from the previous OTC List participation were not followed in 3. Section 1980.451 is amended by and the previous Foreign List. connection with the issuance of this revising paragraph (i)(13) introductory EFFECTIVE DATE: May 13, 1996. amendment due to the objective text to read as follows: FOR FURTHER INFORMATION CONTACT: character of the criteria for inclusion and continued inclusion on the Lists § 1980.451 Filing and processing Peggy Wolffrum, Securities Regulation applications. Analyst, Division of Banking specified in 12 CFR 207.6(a) and (b), Supervision and Regulation, (202) 452– 220.17(a), (b), (c) and (d), and 221.7(a) * * * * * and (b). No additional useful (i)* * * 2781, Board of Governors of the Federal (13) Proposed loan agreement. (See Reserve System, Washington, D.C. information would be gained by public paragraph VII of Form FmHA 449–35). 20551. For the hearing impaired only, participation. The full requirements of 5 Loan agreements between the borrower contact Dorothea Thompson, U.S.C. 553 with respect to deferred and lender will be required. The final Telecommunications Device for the Deaf effective date have not been followed in executed loan agreement must include (TDD) at (202) 452–3544. connection with the issuance of this the Agency requirements as set forth in SUPPLEMENTARY INFORMATION: Listed amendment because the Board finds the Form FmHA 449–14 including the below are the deletions from and that it is in the public interest to requirements for periodic financial additions to the Board’s OTC List, facilitate investment and credit statements in accordance with which was last published on January 29, decisions based in whole or in part § 1980.445. The loan agreement must 1996 (61 FR 2667), and became effective upon the composition of these Lists as also include, but is not limited to, the February 12, 1996. A copy of the soon as possible. The Board has following: complete OTC List is available from the responded to a request by the public and allowed approximately a two-week * * * * * Federal Reserve Banks. The OTC List includes those stocks delay before the Lists are effective. § 1980.454 [Amended] that meet the criteria in Regulations G, List of Subjects 4. Section 1980.454 is amended by T and U (12 CFR Parts 207, 220 and 221, removing and reserving respectively). This determination also 12 CFR Part 207 ADMINISTRATIVE A. 1. affects the applicability of Regulation X Banks, Banking, Credit, Margin, (12 CFR Part 224). These stocks have the § 1980.469 [Amended] Margin requirements, National Market degree of national investor interest, the System (NMS Security), Reporting and 5. Section 1980.469 is amended by depth and breadth of market, and the recordkeeping requirements, Securities. removing and reserving availability of information respecting ADMINISTRATIVE c. 1. the stock and its issuer to warrant 12 CFR Part 220 Dated: January 30, 1996. regulation in the same fashion as Banks, Banking, Brokers, Credit, Jill L. Thompson, exchange-traded securities. The OTC Margin, Margin requirements, Under Secretary, Rural Economic and List also includes any OTC stock Investments, National Market System Community Development. designated for trading in the national (NMS Security), Reporting and [FR Doc. 96–10144 Filed 4–25–96; 8:45 am] market system (NMS security) under recordkeeping requirements, Securities. rules approved by the Securities and BILLING CODE 3410±32±P Exchange Commission (SEC). 12 CFR Part 221 Additional OTC stocks may be Banks, Banking, Credit, Margin, designated as NMS securities in the FEDERAL RESERVE SYSTEM Margin requirements, National Market interim between the Board’s quarterly System (NMS Security), Reporting and publications. They will become 12 CFR Parts 207, 220, 221, and 224 recordkeeping requirements, Securities. automatically marginable upon the [Regulations G, T, U, and X] effective date of their NMS designation. 12 CFR Part 224 The names of these stocks are available Securities Credit Transactions; List of at the SEC and at the National Banks, Banking, Borrowers, Credit, Marginable OTC Stocks; List of Association of Securities Dealers, Inc. Margin, Margin requirements, Reporting Foreign Margin Stocks and will be incorporated into the and recordkeeping requirements, Securities. AGENCY: Board of Governors of the Board’s next quarterly publication of the Federal Reserve System. OTC List. Accordingly, pursuant to the ACTION: Final rule; determination of Also listed below are the deletions authority of sections 7 and 23 of the applicability of regulations. from and additions to the Board’s Securities Exchange Act of 1934, as Foreign List, which was last published amended (15 U.S.C. 78g and 78w), and SUMMARY: The List of Marginable OTC on January 29, 1996 (61 FR 2667), and in accordance with 12 CFR 207.2(k) and Stocks (OTC List) is composed of stocks became effective February 12, 1996. The 207.6 (Regulation G), 12 CFR 220.2(u) traded over-the-counter (OTC) in the Foreign List includes those foreign and 220.17 (Regulation T), and 12 CFR United States that have been determined securities that meet the criteria in 221.2(j) and 221.7 (Regulation U), there by the Board of Governors of the Federal section 220.17 of Regulation T and are is set forth below a listing of deletions Reserve System to be subject to the eligible for margin treatment at broker- from and additions to the OTC List and margin requirements under certain dealers on the same basis as domestic the Foreign List. 18496 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Rules and Regulations

Deletions From the List of Marginable $1.00 par convertible exchangeable $1.00 par common OTC Stocks preferred Dial Page, Inc. Orchard Supply Hardware Stores $.01 par common Stocks Removed For Failing Continued Corporation Dolco Packaging Corporation Listing Requirements $.01 par common $.01 par common ABS Industries, Inc. Perseptive Technologies II Corp. E For M Corp. No par common Units $.001 par common Allegiant Physician Services, Inc. Right Start, Inc., The Eagle Bancorp, Inc. $.001 par common Rights (expire 04–08–96) $.10 par common Angeion Corporation Singing Machine Company, Inc. Earth Technology Corporation (USA), Warrants (expire 03–12–96) $.01 par common Inc. Arrow Transportation Company Warrants (expire 11–10–99) $.10 par common No par common Solo Serve Corporation EP Technologies, Inc. Broad National Bancorporation $.01 par common $.01 par common 81⁄2% cumulative convertible Unitech Industries, Inc. F B & T Financial Corporation preferred No par common $1.25 par common Cannon Express, Inc. WRT Energy Corporation Felcor Suite Hotels, Inc. Class B, $.01 par common $.01 par common $.01 par common Canyon Resources Corporation 9% convertible preferred Financial Benefit Group, Inc. Warrants (expire 04–12–96) Class A, $.01 par common Cafolina First Corporation Stocks Removed for Listing on a First National Bancorp (GA) Series 1994, non-cumulative National Securities Exchange or Being $1.00 par common convertible preferred Involved in an Acquisition Firstier Financial, Inc. Cimco, Inc. Advantage Health Corporation $5.00 par common $.01 par common $.01 par common Flemington National Bank & Trust Communication Cable, Inc. Ael Industries, Inc. Company $1.00 par common Class A, $1.00 par common $2.50 par common Cytogen Corporation Agridyne Technologies, Inc. Flores & Rucks Inc. Rights (expire 01–31–97) $.06 par common $.01 par common Drypers Corporation Alantec Corporation Foodbrands America, Inc. $.001 par common $.001 par common $.40 par common Envirogen, Inc. Allied Bank Capital, Inc. (NC) Foremost Corporation of America $.01 par common $1.00 par common $1.00 par common Warrants (expire 10–12–98) Autotote Corporation Fourth Financial Corporation Enviropur Waste Refining & Class A, $.01 par common $5.00 par common Technologies, Inc. Bank of New Hampshire Corp. Depositary Shares $.01 par common No par common GBC Technologies, Inc. Framingham Savings Bank Bankers First Corporation (GA) $.01 par common Warrants (expire 01–31–96) $.01 par common Geodynamics Corporation Gambro Incorporated Bay Networks, Inc. No par common American Depositary Receipts $.01 par common Greenpoint Financial Corp. Gaming World International, Inc. Bliss & Laughlin Industries, Inc. $.01 par common $.01 par common $.01 par common Healthdyne Technologies, Inc. Class A, redeemable purchase Brooklyn Bancorp, Inc. (NY) $.01 par common warrants $.01 par common Healthwise of America, Inc. Hallwood Energy Corporation Cablemaxx Holdings, Inc. $.25 par common $.50 par common $.01 par common Hogan Systems, Inc. Harvard Industries, Inc. Career Horizons, Inc. $.01 par common 141⁄4% PIK exchangeable preferred $.01 par common Holson Burnes Group, Inc., The Hudson Chartered Bancorp, Inc. Champps Entertainments, Inc. $.01 par common 7.25% Series B, cumulative $.01 par common Hornbeck Offshore Services, Inc. convertible preferred CNB Bancshares, Inc. (IN) $.10 par common Interneuron Pharmaceuticals, Inc. No par common Independent Insurance Group, Inc. Class B, warrants (expire 03–15–96) Coastwide Energy Services, Inc. Non-voting, $1.00 par common IVF America, Inc. $.01 par common Information International, Inc. Series A, $1.00 par cumulative Cobra Golf Incorporated $.25 par common convertible preferred $.001 par common Inmac Corporation Medical Technology Systems, Inc. Coda Energy, Inc. $.01 par common $.01 par common $.02 par common Jefferies Group, Inc. Warrants (expire 07–10–96) Concord Health Group, Inc. $.01 par common Miles Homes, Inc. $.001 par common Kentucky Enterprise Bancorp, Inc. Warrants (expire 04–01–97) Warrants (expire 04–19–2000) $.01 par common Model Imperial, Inc. Condor Services, Inc. Kevlin Corporation $.01 par common $.01 par common $.10 par common NAB Asset Corporation Conservative Savings Corporation Landmark Bancorp $.01 par common $.01 par common No par common Northern Trust Corporation Conwest Exploration Company Ltd. Laural Bancorp, Inc. (MD) Depositary Shares No par common $.01 par common NYCOR, Inc. Cordis Corporation Liberty National Bank (CA) Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Rules and Regulations 18497

$3.3333 par common $.01 par common No par common Marietta Corporation Air-Cure Technologies, Inc. China Resources Development, Inc. $.01 par common $.01 par common $.001 par common Medpartners/Mullikin Inc. Alexion Pharmaceuticals, Inc. Chirex, Inc. $.001 par common $.0001 par common $.01 par common Meridian Bancorp, Inc. (PA) Alliance Communications Corporation Cimatron, Limited $5.00 par common Class B, non-voting, no par common Ordinary Shares (NIS .01) Metro Financial Corporation Alphanet Solutions, Inc. Cinram Limited $1.00 par common $.01 par common No par common Microtec Research, Inc. Alrenco Inc. Cohr Inc. $.001 par common No par common $.01 par common Mid-South Insurance Company Amedisys, Inc. Colonial Data Technologies Corporation $1.00 par common $.001 par common $.01 par common Noble Drilling Corporation American Bancshares, Inc. (Florida) Columbus McKinnon Corporation $.10 par common $1.175 par common $.01 par common $1.50 par convertible preferred American Communications Services, COM/TECH Communications Olympic Financial Ltd. Inc. Technologies, Inc. $.01 par common $.01 par common $.0001 par common Orthopedic Technology, Inc. Analogy, Inc. Community Federal Bancorp, Inc. $.01 par common No par common $.01 par common Outlet Communications, Inc. Andersons Inc., The Conceptus Inc. Class A, $.01 par common No par common $.003 par common P.T. Tri Polyta Indonesia Ansoft Corporation Connective Therapeutics, Inc. American Depositary Receipts $.01 par common $.001 par common Pacific Physician Services, Inc. Antares Resources Corporation Cost Plus, Inc. $.01 par common $.001 par common $.01 par common Pentair, Inc. APA Optics, Inc. Cotelligent Group, Inc. $.162⁄3 par common $.01 par common $.01 par common PSICOR, Inc. Arterial Vascular Engineering, Inc. CSG Systems International, Inc. No par common $.001 par common $.01 par common SCS/Compute Incorporated Arthrocare Corporation Cyanotech Corporation $.10 par common $.001 par common $.005 par common Seaboard Bancorp, Inc. (VA) Autologic Information International, Cybercash Inc. $5.00 par common Inc. $.001 par common SFFED Corp. $.01 par common Cylink Corporation $.01 par common Bacou USA, Inc. $.01 par common St. Ives Laboratories, Inc. $.01 par common Cytyc Corporation $.01 par common Bankatlantic Bancorp, Inc. (Florida) $.01 par common Summit Bancorporation, The Class A, $.01 par common Data Dimensions, Inc. No par common Barnett Inc. $.001 par common Sun International Hotels Limited $.01 par common Data Processing Resources Corporation Series A, no par common Batteries Batteries, Inc. No par common Series B, common $.001 par common Dawson Production Services, Inc. TGV Software, Inc. Warrants (expire 04–08–2000) $.01 par common $.001 par common Benton Oil & Gas Company Decisionone Holdings Corporation TIVOLI Systems, Inc. Warrants (expire 01–04–99) $.01 par common $.01 par common Biofield Corporation Dense-Pac Microsystems, Inc. Tokos Medical Corporation (DE) $.001 par common No par common $.001 par common Boatmen’s Bancshares, Inc. (Missouri) Diacrin Inc. United Counties Bancorporation Depositary Shares Units (expire 12–31–2000) No par common Bonded Motors, Inc. Dignity Partners, Inc. Victoria Bankshares, Inc. No par common $.01 par common $10.00 par common Bureau of Electronic Publishing, Inc. Ditital Generation Systems, Inc. Wackenhut Corrections Corporation $4.75 par common No par common $.01 par common California Community Bancshares Documentum Inc. Western Bank (OR) Corporation $.001 par common $2.50 par common $.01 par common Eagle River Interactive, Inc. Younkers, Inc. Cam Designs, Inc. $.001 par common $.01 par common Class A, $.001 par common Elamex S.A. De C.V. Warrants (expire 07–24–2000) No par common Additions To The List Of Marginable Cayman Water Company, Ltd. Elmira Savings Bank, FSB OTC Stocks Ordinary shares $1.00 par common 1st Bergen Bancorp Cellularvision USA, Inc. Endovascular Technologies, Inc. No par common $.01 par common $.00001 par common 3–D Geophysical, Inc. Century Aluminum Company Engineering Animation, Inc. $.01 par common $.01 par common $.01 par common A.S.V., Inc. Chancellor Broadcasting Company ESC Medical Systems, Limited $.01 par common Class A, $.01 par common Ordinary shares Aavid Thermal Technologies, Inc. Childtime Learning Centers, Inc. Esmor Correctional Services, Inc. 18498 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Rules and Regulations

Warrants (expire 07–31–99) Innotech, Inc. National Medical Financial Services Euromed, Inc. $.001 par common Corporation $.01 par common Integrated Packaging Assembly $.01 par comon Excite, Inc. Corporation NCS Healthcare, Inc. No par common No par common Class A, $.01 par common F.Y.I. Incorporated Intelligent Medical Imaging, Inc. Neose Technologies, Inc. $.01 par common $.01 par common $.01 par common FEMRX, Inc. Intelliquest Information Group, Inc. Network Connection, Inc., The $.001 par common $.0001 par common $.001 par common Fidelity Federal Bank (California) Intercardia, Inc. New World Coffee, Inc. Class A, $.01 par common $.001 par common $.001 par common Fidelity Financial of Ohio, Inc. Intime Systems International, Inc. Nice-Systems, Limited $.01 par common Class A, $.01 par common American Depositary Receipts First Federal Savings Bank of Siouxland Iona Appliances, Inc. Nobel Education Dynamics, Inc. $1.00 par common No par common $.001 par common First Savings Bank, FSB (New Mexico) IPC Holdings, Limited Novatek International, Inc. $1.00 par common $.01 par common $1.00 par common Forte Software, Inc. Iron Mountain Incorporated Ocal, Inc. $.01 par common $.01 par common $.001 par common Galagen Inc. Isocor Ohio Valley Banc Corp. $.01 par common No par common No par common Gateway Data Sciences Corporation Jacksonville Bancorp, Inc. Omnipoint Corporation $.01 par common $.01 par common $.01 par common Gensym Corporation JDA Software Group, Inc. Onyx Acceptance Corporation $.01 par common $.01 par common $.01 par common Geographics Inc. K&G Men’s Center, Inc. Open Text Corporation No par common $.01 par common No par common Gilman & Ciocia, Inc. Katz Digital Technologies, Inc. Optical Cable Corporation $.01 par common $.001 par common No par common Globe Business Resources, Inc. Kellstrom Industries, Inc. Optical Sensors Incorporated No par common $.001 par common $.01 par common Green Street Financial Corporation KVH Industries, Inc. Orange National Bancorp No par common $.01 par common No par common Greenman Technologies, Inc. Landec Corporation Orange, PLC $.01 par common No par common American Depositary Receipts Greif Bros. Corporation Liferate Systems, Inc. Orbit International Corporation Class A, no par common No par common $.10 par common Class B, no par common Logal Educational Software & Systems, Orcad, Inc. Hardin Bancorp, Inc. (Missouri) Ltd. $.01 par common $.01 par common Ordinary Shares (NIS .01) Palomar Medical Technologies, Inc. Health Systems Design Corporation Ycos, Inc. $.01 par common $.001 par common $.01 par common Party City Corporation Heartstream, Inc. MACC Private Equities, Inc. $.01 par common $.001 par common $.01 par common Patlex Corporation Helisys Inc. Managed Care Solutions, Inc. $.10 par common $.001 par common $.01 par common Patriot National Bank HMT Technology Corporation Matria Healthcare, Inc. $2.00 par common $.001 par common $.001 par common PCD Inc. Horizon Bancorp, Inc. May & Speh, Inc. $.01 par common $.01 par common $.01 par common Pen Interconnect, Inc. Houghten Pharmaceuticals, Inc. Mesa Laboratories, Inc. $.01 par common $.001 par common No par common Warrants (expire 11–17–2000) Housecall Medical Resources, Inc. Micro Component Technology, Inc. Penske Motorsports, Inc. $.01 par common $.01 par common $.01 par common Hub Group, Inc. Microlog Corporation Performance Technologies, Inc. Class A, $.01 par common $.01 par common $.01 par common Hybridon, Inc. Microware Systems Corporation PFF Bancorp, Inc. $.001 par common No par common $.01 par common Ibis Technology Corporation Mindspring Enterprises, Inc. Phar-Mor Inc. $.008 par common $.01 par common $.01 par common Warrants (expire 05–20–99) Mining Services International Warrants (expire 09–10–2002) IDT Corporation Corporation Pharmaceutical Product Development, $.01 par common $.001 par common Inc. Impath Inc. Moyco Technologies, Inc. $.10 par common $.01 par common $.005 par common Phymatrix Corporation Individual, Inc. Multi-Corp Inc. $.01 par common $.01 par common No par common Physician Support Systems, Inc. Indus Group, Inc., The MVSI, Inc. $.001 par common $.001 par common $.01 par common PIA Merchandising Services, Inc. Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Rules and Regulations 18499

$.01 par common Silver Diner Development, Inc. York Group, Inc., The Pittsburgh Home Financial Corporation $.0007 par common $.01 par common $.01 par common Sipex Corporation Deletions From The List Of Foreign Platinum Entertainment, Inc. $.01 par common Margin Stocks $.001 par common SJS Bancorp, Inc. (Missouri) Powercerv Corporation $.01 par common Higashi-Nippon Bank, Ltd. $.001 par common Softquad International, Inc. ¥ 50 par common Praegitzer Industries, Inc. No par common Hyogo Bank, Ltd. No par common Sonics & Materials, Inc. ¥ 50 par common Preferred Networks, Inc. $.03 par common Taisei Prefab Construction Co., Ltd. $.01 par common Warrants (expire 02–27–2001) ¥ 50 par common Premiere Radio Networks, Inc. Station Casinos, Inc. Additions To The List Of Foreign Class A, $.01 par common 7% convertible preferred Margin Stocks Premiere Technologies, Inc. Sunbase Asia, Inc. $.01 par common $.01 par common New World Development Co., Ltd. Ordinary, par HK $1.00 Prism Solutions, Inc. Supergen, Inc. Peregrine Investment Holdings Ltd. $.001 par common $.001 par common Ordinary, par HK $.60 Profit Recovery Group International, Warrants (expire 03–12–2001) Inc., The Superior National Insurance Group, Inc. By order of the Board of Governors of No par common No par common the Federal Reserve System, acting by PTI Holding, Inc. Superior Services, Inc. its Director of the Division of Banking $.01 par common $.01 par common Supervision and Regulation pursuant to Pudgie’s Chicken, Inc. Tadiran Telecommunications, Limited delegated authority (12 CFR $.01 par common Ordinary Shares (NIS 1.00) 265.7(f)(10)), April 23, 1996. Q–MED, Inc. Telechips Corporation William W. Wiles, $.001 par common $.01 par common Secretary of the Board. Q–ZAR, Inc. Telemundo Group, Inc. [FR Doc. 96–10367 Filed 4–25–96; 8:45 am] No par common Warrants (expire 12–29–99) BILLING CODE 6210±01±P RAC Financial Group, Inc. Trescom International, Inc. $.01 par common $.01 par common Raptor Systems, Inc. Trident International, Inc. DEPARTMENT OF DEFENSE $1.00 par common $.01 par common Realco Inc. Ultradata Corporation Department of the Army No par common $.001 par common Corps of Engineers Warrants (expire 02–01–2001) Ultrafem, Inc. 36 CFR Part 327 Red Brick Systems, Inc. $.001 par common $.01 par common Unidigital, Inc. Shoreline Management at Civil Works Remec Inc. $.01 par common Project $.01 par common United States Satellite Broadcasting AGENCY: U.S. Army Corps of Engineers, Renal Care Group, Inc. Company, Inc. Class A, DoD. $.01 par common $.0001 par common ACTION: Final rule; technical revision to Resource Bank (California) Videolan Technologies, Inc. correct authority citation. $3.00 par common $.01 par common Restor Industries, Inc. Warrants (expire 08–10–2000) SUMMARY: The final rule on shoreline $.01 par common Vista 2000, Inc. management, published on August 10, Ribozyme Pharmaceuticals, Inc. Warrants (expire 10–24–98) 1990, erroneously failed to include 16 $.01 par common Vitalcom, Inc. U.S.C. 460d and 460l–6a as an authority Riscorp, Inc. $.01 par common for the regulation. (55 FR 30690, dated Class A, $.01 par common Vocaltec, Limited Ordinary Shares July 27, 1990) This revision will add the Rural Cellular Corporation Voice Control Systems, Inc. proper citation of statutory authority for Class A, $.01 par common $.01 par common Part 327. This revision will have no Sage Laboratories, Inc. West Jersey Bancshares, Inc. regulatory or economic impact, nor $.10 par common No par common would it alter the present rights or Sapient Corporation Wilmar Industries, Inc. responsibilities of the general public. $.01 par common No par common DATES: April 26, 1996. Savings Bank of the Finger Lakes, FSB Winfield Capital Corporation ADDRESSES: (New York) $.01 par common Office of the Chief of $.01 par common Workgroup Technology Corporation Engineers, ATTN: CECW–ON, 20 SCB Computer Technology, Inc. $.01 par common Massachusetts Avenue, NW, $.01 par common Worldtalk Communications Corporation Washington, DC 20314–1000. Segue Software, Inc. $.01 par common FOR FURTHER INFORMATION CONTACT: No par common Xeikon, N.V. George Tabb, telephone: (202)–761– Sel-Lab Marketing, Inc. American Depository Receipts 1791. Warrants (expire 07–13–99) Xetel Corporation SUPPLEMENTARY INFORMATION: The Semiconductor Packaging Materials $.0001 par common purpose and effect of this revision is to Company Xylan Corporation incorporate authority that was $.10 par common $.001 par common erroneously left out when this Silicon Valley Research, Inc. Yahoo! Inc. regulation was published in the Federal No par common $.001 par common Register in 1990. 18500 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Rules and Regulations

List of Subjects in 36 CFR Part 327 SUPPLEMENTARY INFORMATION: It should be noted that, from an Public lands, Water Resources, Background approval standpoint, there is no error in Natural Resources, Resource Rule 2530’s NOX limits. Should EPA On November 1, 1995 at 60 FR 55516, grant the NOX waiver that raises the Management. EPA proposed to approve Rule 2530 The authority citation for part 327 is major source threshold for NOX sources Federally Enforceable Potential to Emit revised to read as follows: to 100 tons per year, Rule 2530’s NOX of the San Joaquin Valley Unified APCD limits would merely be more stringent Authority: The Rivers and Harbors Act of (San Joaquin Valley or District) as a (at 25 tons per year (tpy) rather than 50 1894, as amended and supplemented (33 revision to the California SIP and under tpy) than strictly necessary. If a NOX U.S.C. 1); 16 U.S.C. 460d and 460l–6a. section 112(l) of the Clean Air Act (Act). George D. Showalter, waiver is granted, San Joaquin may Approval of Rule 2530 was proposed in submit a revision to Rule 2530 to raise Army Federal Register Liaison Officer. the same notice that EPA proposed the NOX limits. [FR Doc. 96–10337 Filed 4–25–96; 8:45 am] interim approval of the District’s title V BILLING CODE 3710±92±M operating permits program. Rule 2530 EPA Action was adopted by the District on June 15, EPA is finalizing approval of Rule 1995 and submitted by the California 2530 under section 110(k)(3) of the Act ENVIRONMENTAL PROTECTION Air Resources Board on October 24, for inclusion into the California SIP and AGENCY 1995. under section 112(l) of the Act for the Once approved into the SIP and under control of hazardous air pollutants. 40 CFR Part 52 section 112(l), Rule 2530 will create Nothing in this action should be [OAQPS #CA163±1±7251; FRL±5452±6] federally-enforceable limits on potential construed as permitting or allowing or to emit for sources with actual establishing a precedent for any future Approval and Promulgation of emissions less than 50 percent of any request for revision to any state Implementation Plans; California State applicable major source threshold implementation plan or for approval Implementation Plan Revision, San including hazardous air pollutant under 112(l). Each request for a SIP Joaquin Valley Unified Air Pollution thresholds. A detailed discussion of the revision or an approval under section Control District background for Rule 2530 is provided in 112(l) shall be considered separately in the Federal Register notice cited above. light of specific technical, economic, AGENCY: Environmental Protection EPA has evaluated this rule for and environmental factors and in Agency (EPA). consistency with the requirements of relation to relevant statutory and ACTION: Final rule. the Act and EPA regulations as well as regulatory requirements. EPA’s interpretation of these SUMMARY: EPA is finalizing the approval Unfunded Mandates of a revision to the San Joaquin Valley requirements as expressed in the Under Sections 202, 203, and 205 of portion of the California State various EPA policy guidance documents the Unfunded Mandates Reform Act of Implementation Plan (SIP) that was referenced in the proposal cited above. 1995 (‘‘Unfunded Mandates Act’’), proposed in the Federal Register on EPA has found that the rule meets the signed into law on March 22, 1995, EPA November 1, 1995. The revision applicable EPA requirements. A must undertake various actions in concerns Rule 2530 from the San detailed discussion of the rule has been association with proposed or final rules Joaquin Valley Unified Air Pollution provided in technical support document that include a Federal mandate that may Control District. This approval action (TSD) available at EPA’s Region IX result in estimated costs of $100 million will incorporate this rule into the office. or more to the private sector or to State, federally-approved SIP. EPA is also Response to Public Comments local, or tribal governments in the finalizing its approval of Rule 2530 EPA received identical comments on aggregate. under section 112(l) of the Clean Air Act its proposed approval of Rule 2530 from The District has voluntarily elected to for the control of hazardous air two separate commenters. Both Chevron adopt Rule 2530 and submit it to EPA pollutants. and Western States Petroleum for approval. This rule may bind the EFFECTIVE DATE: This action is effective Association requested that EPA include District to perform certain actions and on May 28, 1996. an interim approval issue for correcting also require the private sector to ADDRESSES: Copies of Rule 2530 and the applicable emission levels in Rule perform certain duties. The rule being EPA’s technical support document 2530 to include provisions for areas that approved by this action will impose no including response to comments on the receive a Clean Air Act section 182(f) new requirements because affected proposed approval are available for nitrogen oxides (NOX) opt-out approval. sources are already subject to these public inspection at EPA’s Region IX Rule 2530 is being approved into the regulations under State law. Therefore, office during normal business hours. San Joaquin Valley portion of the no additional costs to State, local, or Copies of the submitted rule revisions California SIP under section 110(k) of tribal governments or to the private are available for inspection at the the Act. Section 110(k) provides that sector result from this action. EPA has following locations: Operating Permits EPA may either approve, disapprove, or also determined that this final action Section, A–5–2, Air and Toxics conditionally approve a SIP revision. does not include a mandate that may Division, U.S. EPA-Region IX, 75 Conditional approvals are limited to result in estimated costs of $100 million Hawthorne Street, San Francisco, situations where the State has adopted or more to State, local, or tribal California 94105. and submitted a commitment to adopt governments in the aggregate or to the FOR FURTHER INFORMATION CONTACT: specific enforceable measures by a date private sector. Frances Wicher, Operating Permits certain. Interim approval is an approval This action has been classified as a Section, A–5–2, Air and Toxics option that is limited to actions under Table 3 action for signature by the Division, U.S. Environmental Protection title V of the Act and is not available for Regional Administrator under the Agency, Region IX, 75 Hawthorne SIP or section 112(l) approvals; procedures published in the Federal Street, San Francisco, CA 94105, therefore, EPA is not able to create an Register on January 19, 1989 (54 FR Telephone: (415) 744–1250. interim approval issue for Rule 2530. 2214–2225), as revised by a July 10, Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Rules and Regulations 18501

1995 memorandum from Mary Nichols, identified the guidelines pertaining to status of any civil or criminal actions Assistant Administrator for Air and solid waste management as obsolete. that were initiated prior to the date of Radiation. The Office of Management These guidelines, which are being publication of this notice or which may and Budget (OMB) has exempted this removed from the Code of Federal be initiated in the future to redress regulatory action from Executive Order Regulations (CFR) today, are no longer violations of the rules that occurred 12866 review. necessary because they have been when the rules were still legally in addressed by more recent regulations. effect. List of Subjects in 40 CFR Part 52 Deleting these guidelines from the CFR Environmental protection, Air will have no impact on solid waste II. Obsolete Rule pollution control, Hydrocarbons, management. 40 CFR Part 241—Guidelines for the Incorporation by reference, EFFECTIVE DATE: This final rule takes Land Disposal of Solid Waste Intergovernmental relations, Ozone, effect on April 26, 1996. Reporting and recordkeeping ADDRESSES: Supporting materials are On August 14, 1974, EPA issued requirements, Volatile organic available for viewing in the RCRA guidelines for the land disposal of all compounds. Information Center (RIC), located at solid waste materials, excluding Note: Incorporation by reference of Crystal Gateway I, First Floor, 1235 hazardous, agricultural, and mining the State Implementation Plan for the Jefferson Davis Highway, Arlington, VA. wastes. These guidelines were intended State of California was approved by the The Docket Identification Number is F– to ensure that design, construction, and Director of the Federal Register on July 96–LOGF–FFFFF. The RIC is open from 1, 1982. operation of land disposal sites for non- 9 a.m. to 4 p.m., Monday through hazardous or municipal solid wastes Dated: March 24, 1996. Friday, excluding federal holidays. To met specified health and environmental review docket materials, it is Felicia Marcus, standards. These guidelines were recommended that the public make an Regional Administrator. required to be followed by federal appointment by calling 703 603–9230. Part 52, chapter I, title 40 of the Code The public may copy a maximum of 100 agencies and recommended to state and of Federal Regulations is amended as pages from any regulatory docket at no local governmental agencies. All follows: charge. Additional copies cost $0.15/ guideline requirements contained in 40 CFR Part 241 are now included in and/ PART 52Ð[AMENDED] page. FOR FURTHER INFORMATION CONTACT: or addressed by the Criteria for 1. The authority citation for part 52 Deborah Gallman (703) 308–7276, Office Classification of Solid Waste Disposal continues to read as follows: of Solid Waste, U.S. Environmental Facilities and Practices (40 CFR Part Authority: 42 U.S.C. 7401–7671q. Protection Agency, 401 M Street, S.W., 257) and the Criteria for Municipal Washington, D.C., 20460, or the RCRA Solid Waste Landfills (40 CFR Part 258). Subpart FÐCalifornia Superfund Hotline, phone (800) 424– These criteria must be followed by 9346 or (703) 412–9810 in the federal agencies. 42 U.S.C. 6961(a). 2. Section 52.220 is amended by Washington, D.C., metropolitan area. Accordingly, EPA is removing the Part adding paragraph (c)(227) to read as 241 guidelines from the CFR. follows: SUPPLEMENTARY INFORMATION: III. Good Cause Exemption From § 52.220 Identification of plan. I. Introduction Notice-and-Comment Rulemaking On March 4, 1995, the President * * * * * Procedures (c) * * * directed all Federal agencies and (227) New regulation for the following departments to conduct a The Administrative Procedure Act APCD was submitted on October 18, comprehensive review of the regulations generally requires agencies to provide 1995, by the Governor’s designee. they administer and to identify those prior notice and opportunity for public (i) Incorporation by reference. rules that are obsolete or unduly comment before issuing a final rule. 5 (A) San Joaquin Valley Unified Air burdensome. EPA has conducted a U.S.C. 553(b). Rules are exempt from review of its rules and guidelines, Pollution Control District. this requirement if the issuing agency (1) Rule 2530, adopted on June 15, including those issued under the finds for good cause that notice and 1995. Resource Conservation and Recovery comment is unnecessary. 5 U.S.C. [FR Doc. 96–10383 Filed 4–25–96; 8:45 am] Act (RCRA) (42 U.S.C. 9601 et seq.). Based on this review, EPA is today 553(b)(3)(B). EPA has determined that BILLING CODE 6560±50±W eliminating the following obsolete providing prior notice and opportunity RCRA guidelines from the CFR: 40 CFR, for comment on the deletion of the 40 CFR Part 241 guidelines from the CFR 40 CFR Part 241 Part 241, ‘‘Guidelines for the Land Disposal of Solid Wastes’’. The is unnecessary. For the reasons [FRL±5462±7] guidelines, promulgated on August 14, discussed in Sections I and II, these 1974, are no longer necessary because guidelines are covered/addressed by 40 Solid Waste Programs; Removal of they have been included in and/or CFR Parts 257 and 258. Thus, Legally Obsolete Guidelines addressed by the Criteria for withdrawing them from the CFR will AGENCY: U.S. Environmental Protection Classification of Solid Waste Disposal have no impact on current Federal and Agency. Facilities and Practices, 40 CFR Part state solid waste management practices. ACTION: Final rule. 257, promulgated on September 13, For the same reasons, EPA believes 1979 (44 FR 53460) and the Criteria for there is good cause for making the SUMMARY: In response to the President’s Municipal Solid Waste Landfills, 40 removal of these guidelines from the Regulatory Reform Initiative, the CFR Part 258, promulgated on October CFR immediately effective. See 5 U.S.C. Environmental Protection Agency (EPA) 9, 1991 (56 FR 50978). The removal of 553(d). has conducted a review of the these rules from the CFR because they regulations it administers and has are obsolete is not intended to affect the 18502 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Rules and Regulations

IV. Analysis under Executive Order made a decision, subject to public Revisions to State hazardous waste (E.O.) 12866, the Unfunded Mandates review and comment, that South programs are necessary when Federal or Reform Act of 1995, the Regulatory Carolina’s hazardous waste program State statutory or regulatory authority is Flexibility Act and the Paperwork revisions satisfy all of the requirements modified or when certain other changes Reduction Act necessary to qualify for final occur. Most commonly, State program authorization. Thus, EPA intends to Because the withdrawal of these rules revisions are necessitated by changes to approve South Carolina’s hazardous from the CFR merely reflects their EPA’s regulations in 40 CFR Parts 260– waste program revisions. South current obsolescence and thus has no 268 and 124 and 270. Carolina’s applications for program regulatory impact, this action is not a revisions are available for public review B. South Carolina ‘‘significant’’ regulatory action within and comment. the meaning of E.O. 12866, and does not South Carolina initially received final impose any Federal mandate on State, DATES: Final authorization for South authorization for its base RCRA program local, or tribal governments or the Carolina’s program revisions shall be effective on November 22, 1985. South private sector within the meaning of the effective June 25, 1996 unless EPA Carolina most recently received Unfunded Mandates Reform Act of publishes a prior Federal Register authorization for revisions to its 1995. For the same reasons, pursuant to action withdrawing this immediate final program effective October 16, 1995, (60 the Regulatory Flexibility Act, I certify rule. All comments on South Carolina’s FR 42046, August 15, 1995). Today, that this action would not have a program revision application must be South Carolina is seeking approval of significant economic impact on a received by the close of business, May additional program revisions in substantial number of small entities. 28, 1996. accordance with 40 CFR 271.21(b)(3). ADDRESSES: Copies of South Carolina’s Finally, because these guidelines have EPA has reviewed South Carolina’s program revision applications are been replaced or addressed by 40 CFR applications and has made an available during normal business hours Parts 257 and 258, their deletion from immediate final decision that South at the following addresses for inspection the CFR does not affect requirements Carolina’s hazardous waste program and copying: South Carolina under the Paperwork Reduction Act. revisions satisfy all of the requirements Department of Health and necessary to qualify for final List of Subjects in 40 CFR Part 241 Environmental Control, 2600 Bull authorization. Consequently, EPA Street, Columbia, South Carolina 29201; Waste treatment and disposal. intends to grant final authorization for U.S. EPA Region 4, Library, 345 Dated: April 17, 1996. the additional program modifications to Courtland Street, NE, Atlanta, Georgia South Carolina. The public may submit Elliott P. Laws, 30365; (404) 347–4216. Written written comments on EPA’s immediate Assistant Administrator. comments should be sent to Al Hanke final decision up until May 28, 1996. For the reasons set out in the at the address listed below. preamble, and under the authority of 42 FOR FURTHER INFORMATION CONTACT: Al Copies of South Carolina’s application U.S.C. 6907 and 6912, Title 40, Chapter Hanke, Chief, State Programs Section, for these program revisions are available I of the Code of Federal Regulations is Waste Programs Branch, Waste for inspection and copying at the amended as follows: Management Division, U.S. locations indicated in the ‘‘Addresses’’ Environmental Protection Agency, 345 section of this notice. Part 241Ð[REMOVED] Courtland Street, NE, Atlanta, Georgia Approval of South Carolina’s program 1. Part 241 is removed. 30365; (404) 347–2234. revisions shall become effective June 25, [FR Doc. 96–10388 Filed 4–25–96; 8:45 am] SUPPLEMENTARY INFORMATION: 1996, unless an adverse comment pertaining to the State’s revisions BILLING CODE 6560±50±P A. Background discussed in this notice is received by States with final authorization under the end of the comment period. 40 CFR Part 271 Section 3006(b) of the Resource If an adverse comment is received Conservation and Recovery Act [5461±1] EPA will publish either (1) a withdrawal (‘‘RCRA’’ or ‘‘the Act’’), 42 U.S.C. of the immediate final decision or (2) a South Carolina; Final Authorization of 6926(b), have a continuing obligation to notice containing a response to Revisions to State Hazardous Waste maintain a hazardous waste program comments which either affirms that the Management Program that is equivalent to, consistent with, immediate final decision takes effect or and no less stringent than the Federal reverses the decision. AGENCY: Environmental Protection hazardous waste program. Agency. In addition, as an interim measure, EPA shall administer any RCRA hazardous waste permits, or portions of ACTION: Immediate final rule. the Hazardous and Solid Waste Amendments of 1984 (Pub. L. 98–616, permits that contain conditions based SUMMARY: South Carolina has applied November 8, 1984, hereinafter upon the Federal program provisions for for final authorization of revisions to its ‘‘HSWA’’) allows States to revise their which the State is applying for hazardous waste program under the programs to become substantially authorization and which were issued by Resource Conservation and Recovery equivalent instead of equivalent to EPA prior to the effective date of this Act (RCRA). South Carolina’s revisions RCRA requirements promulgated under authorization. EPA will suspend consist of the provisions contained in HSWA authority. States exercising the issuance of any further permits under certain rules promulgated between April latter option receive ‘‘interim the provisions for which the State is 24, 1984, and September 2, 1988. These authorization’’ for the HSWA being authorized on the effective date of requirements are listed in Section B of requirements under Section 3006(g) of this authorization. this notice. The Environmental RCRA, 42 U.S.C. 6926(g), and later South Carolina is today seeking Protection Agency (EPA) has reviewed apply for final authorization for the authority to administer the following South Carolina’s application and has HSWA requirements. Federal requirements: Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Rules and Regulations 18503

Promulga- Federal requirement HSWA or FR notice tion State authority

State Availability of Information ...... HSWA § 3006(f) ...... 11/8/84 SCHWMA§ 30±4±15, SCHWMA§ 30±4±20(c), SCHWMA§ 30±4±30(a), SCHWMA§ 30±4± 30(b), SCHWMA§ 30±4±30(c), SCHWMA§ 30±4±30(t), SCHWMA§ 30±4± 40(a)(1), SCHWMA§ 30±4±100, SCHWMA§ 30±4±100(a), SCHWMA§ 30±4± 100(b), SCHWMA§ 44±56±80, R.61± 79.270.12, R.61±72.201, R.61±72.201(a), R.61±72.260.2(a), R.61±72.260.2(b). Checklist 6 Permit Rules: Settlement Agree- 49 FR 17718 ...... 4/24/84 SCHWMA§ 44±56±30, R.61±79.260.70(b). ment. Checklist 25 Codification Rule, Technical Cor- 51 FR 19176 ...... 5/28/86 SCHWMA§ 44±56±30, SCHWMA§ 44±56±70, rection. R.61±79.265.314(d). Checklist 47 Identification and Listing of 1 Haz- 53 FR 27162 ...... 7/19/88 SCHWMA§ 44±56±20(5,6,&8), SCHWMA§ 44± ardous Waste: Technical Correction. 56±310, SCHWMA§ 44±56±30, SCHWMA§ 44±56±60(a), SCHWMA§ 44± 56±70, SCHWMA§ 44±56±170, R.61± 79.261.5(e), R.61±79.261.5(f)(2). Checklist 48 Farmer Exemptions; Technical 53 FR 27164 ...... 7/19/88 SCHWMA§ 44±56±20(6), R.61±79.262.10(b), Corrections. R.61±79.262.10(d), R.61±79.264.1(g)(4), R.61±79.265.1(c)(8), R.61±79.268.1(c)(5), R.61±79.270.1(c)(2)(ii). Checklist 52 Hazardous Waste Management 53 FR 34079 ...... 9/2/88 SCHWMA§ 44±56±30, SCHWMA§ 44±56±50, Systems: Standards for Hazardous Waste R.61±79.260.10, R.61±79.264.114, R.61± Storage and Treatment Tank Systems. 79.264.190(a), R.61±79.264.190(b), R.61± 79.264.193(f)(3), R.61±79.264.196, R.61± 79.265.110(b)(2), R.61±79.265.114, R.61± 79.265.190(a)±(b), R.61±79.265.193(f)(3), R.61±79.265.193(g)(3)(iii), R.61±79.265.196, R.61±79.265.201(c)(3), R.61±79.270.2.

C. Decision sector. Under section 202 of the UMRA, proposals with significant Federal I conclude that South Carolina’s EPA generally must prepare a written intergovernmental mandates, and application for these program revisions statement, including a cost-benefit informing, educating, and advising them meets all of the statutory and regulatory analysis, for proposed and final rules on compliance with the regulatory requirements established by RCRA. with ‘‘Federal mandates’’ that may requirements. Accordingly, South Carolina is granted result in expenditures to State, local, EPA has determined that this rule final authorization to operate its and tribal governments, in the aggregate, does not contain a Federal mandate that hazardous waste program as revised. or to the private sector, of $100 million may result in expenditures of $100 South Carolina now has responsibility or more in any one year. When a written million or more for State, local and for permitting treatment, storage, and statement is needed for an EPA rule, tribal governments, in the aggregate, or disposal facilities within its borders and section 205 of the UMRA generally the private sector in any one year. EPA carrying out other aspects of the RCRA requires EPA to identify and consider a does not anticipate that the approval of program, subject to the limitations of its reasonable number of regulatory South Carolina’s hazardous waste program revision applications and alternatives and adopt the least costly, program referenced in today’s notice previously approved authorities. South most cost-effective or least burdensome will result in annual costs of $100 Carolina also has primary enforcement alternative that achieves the objectives million or more. responsibilities, although EPA retains of the rule. The provisions of section EPA’s approval of state programs the right to conduct inspections under 205 do not apply when they are generally has a deregulatory effect on Section 3007 of RCRA and to take inconsistent with applicable law. the private sector because once it is enforcement actions under Section Moreover, section 205 allows EPA to determined that a state hazardous waste 3008, 3013, and 7003 of RCRA. adopt an alternative other than the least program meets the requirements of costly, most cost-effective or least RCRA section 3006(b) and the Compliance With Executive Order burdensome alternative if the regulations promulgated thereunder at 12866 Administrator publishes with the final 40 CFR Part 271, owners and operators The Office of Management and Budget rule an explanation why that alternative of hazardous waste treatment, storage, has exempted this rule from the was not adopted. Before EPA establishes or disposal facilities (TSDFs) may take requirements of Section 6 of Executive any regulatory requirements that may advantage of the flexibility that an Order 12866. significantly or uniquely affect small approved state may exercise. Such governments, including tribal flexibility will reduce, not increase Unfunded Mandates Reform Act governments, it must have developed compliance costs for the private sector. Title II of the Unfunded Mandates under section 203 of the UMRA a small Thus, today’s rule is not subject to the Reform Act of 1995 (UMRA), P.L. 104– government agency plan. The plan must requirements of sections 202 and 205 of 4, establishes requirements for Federal provide for notifying potentially the UMRA. agencies to assess the effects of their affected small governments, giving them EPA has determined that this rule regulatory actions on State, local, and meaningful and timely input in the contains no regulatory requirements that tribal governments and the private development of EPA regulatory 18504 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Rules and Regulations small governments. The Agency hazardous waste program under the promulgated under HSWA authority. recognizes that small governments may Resource Conservation and Recovery States exercising the latter option own and/or operate TSDFs that will Act (RCRA). Kentucky’s revisions receive ‘‘interim authorization’’ for the become subject to the requirements of consist of the provisions contained in HSWA requirements under Section an approved state hazardous waste rules promulgated between November 8, 3006(g) of RCRA, 42 U.S.C. 6926(g), and program. However, such small 1984, through June 30, 1987, otherwise later apply for final authorization for the governments which own and/or operate known as HSWA Cluster I. These HSWA requirements. TSDFs are already subject to the requirements are listed in Section B of Revisions to State hazardous waste requirements in 40 CFR Parts 264, 265, this notice. The Environmental programs are necessary when Federal or and 270. Once EPA authorizes a state to Protection Agency (EPA) has reviewed State statutory or regulatory authority is administer its own hazardous waste Kentucky’s application and has made a modified or when certain other changes program and any revisions to that decision, subject to public review and occur. Most commonly, State program program, these same small governments comment, that Kentucky’s hazardous revisions are necessitated by changes to will be able to own and operate their waste program revisions satisfy all of EPA’s regulations in 40 CFR Parts 260– TSDFs with increased levels of the requirements necessary to qualify 268 and 124 and 270. flexibility provided under the approved for final authorization. Thus, EPA B. Kentucky state program. intends to approve Kentucky’s hazardous waste program revisions. Kentucky initially received final Certification Under the Regulatory Kentucky’s application for program authorization for its base RCRA program Flexibility Act revisions is available for public review effective on January 31, 1985. Kentucky Pursuant to the provisions of 5 U.S.C. and comment. has received authorization for revisions 605(b), I hereby certify that this DATES: Final authorization for to its program on December 19, 1988, authorization will not have a significant Kentucky’s program revisions shall be March 20, 1989, May 15, 1989, economic impact on a substantial effective June 25, 1996 unless EPA November 30, 1992, and March 13, number of small entities. This publishes a prior Federal Register 1995. On October 16, 1995, Kentucky authorization effectively suspends the action withdrawing this immediate final submitted a program revision applicability of certain Federal rule. All comments on Kentucky’s application for additional program regulations in favor of South Carolina’s program revision application must be approvals. Today, Kentucky is seeking program, thereby eliminating received by the close of business, May approval of its program revisions in duplicative requirements for handlers of 28, 1996. accordance with 40 CFR 271.21(b)(3). EPA has reviewed Kentucky’s hazardous waste in the State. It does not ADDRESSES: Copies of Kentucky’s impose any new burdens on small program revision application are application and has made an immediate entities. This rule, therefore, does not available during normal business hours final decision that Kentucky’s require a regulatory flexibility analysis. at the following addresses for inspection hazardous waste program revisions satisfy all of the requirements necessary List of Subjects in 40 CFR Part 271 and copying: Kentucky Department for Environmental Protection, Fort Boone to qualify for final authorization. Environmental protection, Plaza, Building #2, 18 Reilly Road, Consequently, EPA intends to grant administrative practice and procedure, Frankfort, Kentucky 40601; U.S. EPA final authorization for the additional Confidential business information, Region 4, Library, 345 Courtland Street, program modifications to Kentucky. The Hazardous materials transportation, NE, Atlanta, Georgia 30365; (404) 347– public may submit written comments on Hazardous waste, Indian lands, 4216. Written comments should be sent EPA’s immediate final decision up until Intergovernmental relations, Penalties, to Al Hanke at the address listed below. May 28, 1996. Reporting and recordkeeping Copies of Kentucky’s application for FOR FURTHER INFORMATION CONTACT: Al requirements, Water pollution control, these program revisions are available for Hanke, Chief, State Programs Section, Water supply. inspection and copying at the locations Waste Programs Branch, Waste indicated in the ADDRESSES section of Authority: This notice is issued under the Management Division, U.S. authority of Sections 2002(a), 3006 and this notice. Environmental Protection Agency, 345 Approval of Kentucky’s program 7004(b) of the Solid Waste Disposal Act as Courtland Street, NE, Atlanta, Georgia amended (42 U.S.C. 6912(a), 6926, 6974(b)). revisions shall become effective June 25, 30365; (404) 347–3555 vmx 2018. Dated: April 11, 1996. 1996, unless an adverse comment William Waldrop, SUPPLEMENTARY INFORMATION: pertaining to the State’s revisions discussed in this notice is received by Acting, Regional Administrator. A. Background the end of the comment period. [FR Doc. 96–10098 Filed 4–25–96; 8:45 am] States with final authorization under If an adverse comment is received BILLING CODE 6560±50±P Section 3006(b) of the Resource EPA will publish either (1) a withdrawal Conservation and Recovery Act of the immediate final decision or (2) a (‘‘RCRA’’ or ‘‘the Act’’), 42 U.S.C. 40 CFR Part 271 notice containing a response to 6926(b), have a continuing obligation to comments which either affirms that the [FRL±5461±5] maintain a hazardous waste program immediate final decision takes effect or that is equivalent to, consistent with, reverses the decision. Kentucky; Final Authorization of and no less stringent than the Federal EPA shall administer any RCRA Revisions to State Hazardous Waste hazardous waste program. In addition, hazardous waste permits, or portions of Management Program as an interim measure, the Hazardous permits that contain conditions based AGENCY: Environmental Protection and Solid Waste Amendments of 1984 upon the Federal program provisions for Agency. (Public Law 98–616, November 8, 1984, which the State is applying for ACTION: Immediate Final Rule. hereinafter ‘‘HSWA’’) allows States to authorization and which were issued by revise their programs to become EPA prior to the effective date of this SUMMARY: Kentucky has applied for final substantially equivalent instead of authorization. EPA will suspend authorization of revisions to its equivalent to RCRA requirements issuance of any further permits under Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Rules and Regulations 18505 the provisions for which the State is Kentucky is today seeking authority to 1988–June 30, 1989, and March 29, being authorized on the effective date of administer the following Federal 1990. this authorization. requirements promulgated on July 1,

FR pro- Checklist Federal requirement HSWA or FR ref- mulgation Promulgation erence date

SR1 ...... Existing and Newly Regulated HSWA § 3005(j)(1)&(6) ...... KRS 224.46±520; KRS 224.46±530(1) (g), (h), (i). Surface Impoundments. SR2 ...... Variance under § 3005(j)(2)± HSWA § 3005(j)(2)&(9) ...... KRS 224.46±520; KRS 224.46±530(1) (d), (h), (i). (9) and (13). BB ...... Exceptions to the Burning and HSWA ...... KRS 224.46±510(3); KRS 224.46±530(1) (d) and (n). Blending of Hazardous § 3004(q)(2)(A); Waste. § 3004(r)(2)&(3). CP ...... Hazardous and Used Oil Fuel HSWA § 3006(h); ...... KRS 224.99±010(6). Criminal Penalties. § 3008(d); § 3014. 14 ...... Dioxin Waste Listing and 50 FR 1978 ...... 1/14/85 KRS Chapter 13A, Authority; KRS 224.10±100; KRS 224.46± Management Standards. 510(3); KRS 224.46±530; 401 KAR 31:010§ 5(5)(a±b) and § 7(2)(a±c); 401 KAR 31:040§ 1(4),(2) and § 4(6); 401 KAR 31:120§ 1(4) and (6); 401 KAR 31:160§ 1; 401 KAR 31:170§ 1; 401 KAR 31:190§ 1; 401 KAR 34:190§ 5(3); 401 KAR 34:200§ 9(1±2); 401 KAR 34:210§ 9(1±2); 401 KAR 34:220§ 11(1±2); 401 KAR 34:230§ 12(1±2); 401 KAR 34:240§ 4(1); 401 KAR 35:010§ 1(4); 401 KAR 35:240§ 6(1±2); 401 KAR 35:240§ 7(1±2); 401 KAR 38:090§ 2(7); 401 KAR 38:160§ 2(7); 401 KAR 38:170§ 2(9); 401 KAR 38:180§ 2(9); 401 KAR 38:200§ 2(4)(i); 401 KAR 38:210§ 2(10). 16 ...... Paint Filter Test ...... 50 FR 18370 ...... 4/30/85 KRS Chapter 13A; KRS 224.10±100; KRS 224.46±520; 401 KAR 34:020§ 4(2)(f); 401 KAR 34:230§ 4(2)(c); 401 KAR 35:020§ 4(2)(f); 401 KAR 35:050§ 4(2)(c); 401 KAR 35:230§ 7(2). 17A ...... Small Quantity Generators ..... 50 FR 28702 ...... 7/15/85 KRS 224.033; KRS 224.864; 401 KAR 31:010§ 5(2). 17B ...... Delisting ...... 50 FR 28702 ...... 7/15/85 KRS Chapter 13A; KRS 224.10±100; KRS 224.46±510(3); KRS 224.46±530(1)(n); 401 KAR 31:060§ 2(1)±(5). 17C ...... Household Waste ...... 50 FR 28702 ...... 7/15/85 KRS Chapter 13A; KRS 224.10±100; KRS 224.46± 510(1)(a)±(c); 401 KAR 31:010§ 4(2)(a). 17D ...... Waste Minimization ...... 50 FR 28702 ...... 7/15/85 KRS Chapter 13A, 13A.210; KRS 224.10±100; KRS 224.46± 510; KRS 224.46±520; 401 KAR 32:040§ 2(1)(c)(d)(h); 401 KAR 32:100§ 3 and Appendix A; 401 KAR 34:050§ 1§ 4(2)(i),§ 6(7)±(9); 401 KAR 35:050§ 6(8)±(10); 401 KAR 38:030§ 1(10)(b); 401 KAR 38:020§ 1 and § 1(3). 17E ...... Location Standards for Salt 50 FR 28702 ...... 7/15/85 KRS Chapter 13A; KRS 224.10±100; KRS 224.46±520; 401 Domes, Salt Beds, Under- KAR 34:020§ 9(3); 401 KAR 35:020§ 9. ground Mines and Caves. 17F ...... Liquids in Landfills ...... 50 FR 28702 ...... 7/15/85 KRS Chapter 13A; KRS 224.10±100; KRS 224.46±520; 401 KAR 34:020§ 4(2)(f); 401 KAR 35:020§ 4(2)(c); 401 KAR 34:230§ 9(1)±(4); 401 KAR 35:020§ 4(2)(f); 401 KAR 35:020§ 4(2)(c); 401 KAR 35:230§ 7(1),(2),(4)(a), and (b); 401 KAR 38:210§ 2(8). 17G ...... Dust Suppression ...... 50 FR 28702 ...... 7/15/85 KRS Chapter 13A; KRS 224.10±100; KRS 224.46±520; 401 KAR 36:030§ 4. 17H ...... Double Liners ...... 50 FR 28702 ...... 7/15/85 KRS Chapter 13A; KRS 224.10±100; KRS 224.46±520; KRS 224.46±530; 401 KAR 34:200§ 2(1),(3)±(5); 401 KAR 34:230§ 2(1),(3)±(7); 401 KAR 35:200§ 10(1)±(4); 401 KAR 35:230§ 10(1)±(5); 401 KAR 35:210§ 8. 17I ...... Ground-Water Monitoring ...... 50 FR 28702 ...... 7/15/85 KRS Chapter 13A; KRS 224.033; KRS 224.866; 401 KAR 34:060§ 1(2); 401 KAR 34:200; 401 KAR 34:210§ 3. 17J ...... Cement Kilns ...... 50 FR 28702 ...... 7/15/85 KRS Chapter 13A; KRS 224.10±100; KRS 224.46±520; KRS 224.46±530; 401 KAR 36:040§ 5(1)±(6); 401 KAR 36:040§ 2(2)(a),§ 5(1)±(6); KRS 224.40±330. 17K ...... Fuel Labeling ...... 50 FR 28702 ...... 7/15/85 KRS Chapter 13A; KRS 224.10±100; KRS 224.46±520; KRS 224.46±530; 401 KAR 36:040§ 2(2)(a),§ 5(1)±(6); KRS 224.40±330. 17L ...... Corrective Action ...... 50 FR 28702 ...... 7/15/85 KRS Chapter 13A; KRS 224.10±100; KRS 224.46±520; KRS 224.46±530(1)(e)±(f); 401 KAR 34:060§ 1(1)(a) and (b),§ 12(1)±(2); 401 KAR 38:060§ 1(2)(c) and 3(c). 17M ...... Pre-construction Ban ...... 50 FR 28702 ...... 7/15/85 KRS Chapter 13A; KRS 224.10±100; KRS 224.46±520; 401 KAR 38:070§ 3(3). 17N ...... Permit Life ...... 50 FR 28702 ...... 7/15/85 KRS Chapter 13A; KRS 224.10±100; KRS 224.46±505; KRS 224.46±520; 401 KAR 38:040§ 2(1)(f) and 5(4). 17P ...... Interim Status ...... 50 FR 28702 ...... 7/15/85 KRS Chapter 13A; KRS 224.10±100; KRS 224.46±520; 401 KAR 38:020§ 1(1), § 1(3), § 4(3)(a) and (b), § 4(5), § 4(6). 17Q ...... Research and Development 50 FR 28702 ...... 7/15/85 KRS Chapter 13A; KRS 224.10±100; KRS 224.46±520; 401 Permits. KAR 38:060§ 6. 18506 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Rules and Regulations

FR pro- Checklist Federal requirement HSWA or FR ref- mulgation Promulgation erence date

17R ...... Hazardous Waste Exports ...... 50 FR 28702 ...... 7/15/85 KRS Chapter 13A; KRS 224.10±100; KRS 224.46±510; 401 KAR 32:050§ 1. 17S ...... Exposure Information ...... 50 FR 28702 ...... 7/15/85 KRS Chapter 13A; KRS 224.10±100; KRS 224.46±520; 401 KAR 38:070§ 1(3) and § 9. 18 ...... Listing of TDI, TDA, DNT ...... 50 FR 28702 ...... 7/15/85 KRS Chapter 13A; KRS 224.10±100; KRS 224.46±510(3); KRS 224.46±530; 401 KAR 31:040; 401 KAR 31:120; 401 KAR 31:160; 401 KAR 31:170. 19 ...... Burning of Waste Fuel and 50 FR 49164 ...... 11/29/85 KRS Chapter 13A; KRS 224.10±100; KRS 224.40±330; KRS Used Oil Fuel in Boilers and 224.46±510; KRS 224.46±520; KRS 224.46±530; 401 KAR Industrial Furnaces. 31:010§ 3(3)(b),§ 5(2) and (10),§ 6(1) (b)(3),(c)(3) and (7)± (9); 401 KAR 34:240§ 1(b); 401 KAR 35:240§ 1(1)(b); 401 KAR 36:040§ 1(1),(2)(a) and (b),§ 2(1)±(3), § 3(1)±(3), § 4, § 5(1)±(6), § 6(1)±(5); 401 KAR 36:050§ 1(1)±(5), § 2(1) and (2), § 3, § 4(1) and (2)(a)±(f), § 5(1)±(5). 20 ...... Listing of Spent Solvents ...... 50 FR 53315 ...... 12/31/85 KRS Chapter 13A; KRS 224.10±100; KRS 224.46±510(3); KRS 224.46±530; 401 KAR 31:040; 401 KAR 31:120; 401 KAR 31:160; 401 KAR 31:170. 21 ...... Listing of EDB ...... 51 FR 5327 ...... 2/13/86 KRS Chapter 13A; KRS 224.10±100; KRS 224.46±510(3); KRS 224.46±530; 401 KAR 31:040; 401 KAR 31:120; 401 KAR 31:160; 401 KAR 31:170. 22 ...... Listing of Four Spent Solvents 51 FR 6537 ...... 2/25/86 KRS Chapter 13A; KRS 224.10±100; KRS 224.46±510(3); KRS 224.46±530; 401 KAR 31:040; 401 KAR 31:120; 401 KAR 31:160; 401 KAR 31:170. 23 ...... Generators of 100 to 1000kg 51 FR 10146 ...... 3/24/86 KRS Chapter 13A; KRS 224.10±010(31)(b); KRS 224.10± Hazardous Waste. 100; KRS 224.40±650; KRS 224.46±510; KRS 224.46± 530; 401 KAR 30:010§ 1(79)(a) and (b) and (84); 401 KAR 31:040; 401 KAR 32:020; 401 KAR 32:030; 401 KAR 32:100§ 3 and Appendix A; 401 KAR 33:020; 401 KAR 38:010; 401 KAR 38:070; 401 KAR 38:080. 25 ...... Codification Rule; Technical 51 FR 19176 ...... 5/28/86 KRS Chapter 13A; KRS 224.10±100; KRS 224.46±520; 401 Correction. KAR 34:020§ 4(2)(f); 401 KAR 34:050§ 4(2)(c); 401 KAR 34:230§ 9(1)±(4); 401 KAR 35:020§ 4(2)(f); 401 KAR 35:050§ 4(2)(c); 401 KAR 35:230§ 7(1)(2), (4)(a) and (b); 401 KAR 35:210§ 2(2)(8). 30 ...... Biennial Report; Correction .... 51 FR 28556 ...... 8/8/86 KRS Chapter 13A, 13A.210; KRS 224.10±100; KRS 224.46± 510; KRS 224.46±520; 401 KAR 32:040§ 2(1)(c), (d), and (h); 401 KAR 32:100§ 3 and Appendix A; 401 KAR 34:050§ 1, § 4(2)(i), § 6(7)±(9); 401 KAR 35:050§ 6(8)±(10); 401 KAR 38:030§ 1(10)(b)31. Exports 51 FR 28664 ...... 8/8/86 ...... KRS of Haz- Chapter ardous 13A; KRS Waste. 224.10± 100; KRS 224.46± 510; 401 KAR 32:050§ 1. 32 ...... Standards for Generators; 51 FR 35190 ...... 10/21/86 KRS Chapter 13A; KRS 224.10±100; KRS 224.46±510(3); Waste Minimization Certifi- KRS 224.46±530; 401 KAR 31:040; 401 KAR 31:120; 401 cations. KAR 31:160; 401 KAR 31:170. 33 ...... Listing of EBDC ...... 51 FR 37725 ...... 10/24/86 KRS Chapter 13A; KRS 224.10±100; KRS 224.46±510(3); KRS 224.46±530; 401 KAR 31:040; 401 KAR 31:120; 401 KAR 31:160; 401 KAR 31:170. 34 ...... Land Disposal Restrictions ..... 51 FR 40572 ...... 11/7/86 KRS Chapter 13A; KRS 224.10±100; KRS 224.46±505; KRS 224.46±510; KRS 224.46±520; KRS 224.46±530; KRS 224.46±560; 401 KAR 31:010; 401 KAR 31:020§ 1,6,8(1)&(2); 401 KAR 31:010§ 1(1),1(1)(a),4(3)&(4)(a), 5(2),(3),(5),(6)&(7)(b), 6(1)(c)&(3)(a),7(1)(a)&(b); 401 KAR 31:040§ 1(3); 401 KAR 31:060§ 1; 401 KAR 32:010§ 2(4); 401 KAR 33:010§ 3; 401 KAR 34:010§ 1(7); 401 KAR 34:020§ 4(1)(a),(2)(f)&(g); 401 KAR 34:050§ 4(2)(c),(j),(k),(l),(m)&(n); 401 KAR 35:010§ 1(5); 401 KAR 35:020§ 4(1)(a),(2)(f)&(g); 401 KAR 35:050§ 4(2)(c),(h)±(i); 401 KAR 37:010§ 1(1)±(3)(a)± (d),2(1)(a)±(b), 2(2),3,4(1),4(1)(a)±(d),6(1)±(3) footnote 2,6(4)±(10),7(1)±(3); 401 KAR 37:030§ 2(1)±(3),3(1)±(3); 401 KAR 37:040§ 2,3(1)±(2),4(1)±(2) footnote 3,4(3)±(7); 401 KAR 37:050§ 2(1)±(5); 401 KAR 37:100§ 1±2; 401 KAR 38:030§ 3(2); 401 KAR 38:040§ 3(15); 401 KAR 38:090§ 2(23). Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Rules and Regulations 18507

C. Decision provide for notifying potentially hazardous waste in the State. It does not I conclude that Kentucky’s affected small governments, giving them impose any new burdens on small application for these program revisions meaningful and timely input in the entities. This rule, therefore, does not meet all of the statutory and regulatory development of EPA regulatory require a regulatory flexibility analysis. proposals with significant Federal requirements established by RCRA. List of Subjects in 40 CFR Part 271 intergovernmental mandates, and Accordingly, Kentucky is granted final informing, educating, and advising them Environmental protection, authorization to operate its hazardous on compliance with the regulatory Administrative practice and procedure, waste program as revised. requirements. Confidential business information, Kentucky now has responsibility for EPA has determined that this rule Hazardous materials transportation, permitting treatment, storage, and does not contain a Federal mandate that Hazardous waste, Indian lands, disposal facilities within its borders and may result in expenditures of $100 Intergovernmental relations, Penalties, carrying out other aspects of the RCRA million or more for State, local and Reporting and recordkeeping program, subject to the limitations of its tribal governments, in the aggregate, or requirements, Water pollution control, program revision application and the private sector in any one year. EPA Water supply. previously approved authorities. does not anticipate that the approval of Kentucky also has primary enforcement Authority: This notice is issued under the Kentucky’s hazardous waste program authority of Sections 2002(a), 3006 and responsibilities, although EPA retains referenced in today’s notice will result the right to conduct inspections under 7004(b) of the Solid Waste Disposal Act as in annual costs of $100 million or more. amended (42 U.S.C. 6912(a), 6926, 6974(b)). Section 3007 of RCRA and to take EPA’s approval of state programs enforcement actions under Section Dated: April 9, 1996. generally has a deregulatory effect on Phyllis P. Harris, 3008, 3013, and 7003 of RCRA. the private sector because once it is Acting Regional Administrator. determined that a state hazardous waste Compliance With Executive Order [FR Doc. 96–10107 Filed 4–25–96; 8:45 am] 12866 program meets the requirements of RCRA section 3006(b) and the BILLING CODE 6560±50±P The Office of Management and Budget regulations promulgated thereunder at has exempted this rule from the 40 CFR Part 271, owners and operators requirements of Section 6 of Executive of hazardous waste treatment, storage, 40 CFR Part 300 Order 12866. or disposal facilities (TSDFs) may take [FRL±5460±1] Unfunded Mandates Reform Act: advantage of the flexibility that an approved state may exercise. Such National Oil and Hazardous Title II of the Unfunded Mandates flexibility will reduce, not increase Substances Contingency Plan; Reform Act of 1995 (UMRA), Public compliance costs for the private sector. National Priorities List Update Law 104–4, establishes requirements for Thus, today’s rule is not subject to the AGENCY: Environmental Protection Federal agencies to assess the effects of requirements of sections 202 and 205 of Agency. their regulatory actions on State, local, the UMRA. and tribal governments and the private EPA has determined that this rule ACTION: Notice of Deletion of the sector. Under section 202 of the UMRA, contains no regulatory requirements that Kummer Sanitary Landfill Superfund EPA generally must prepare a written might significantly or uniquely affect Site from the National Priorities List statement, including a cost-benefit small governments. The Agency (NPL). analysis, for proposed and final rules recognizes that small governments may SUMMARY: The Environmental Protection with ‘‘Federal mandates’’ that may own and/or operate TSDFs that will Agency (EPA) announces the deletion of result in expenditures to State, local, become subject to the requirements of the Kummer Sanitary Landfill site in and tribal governments, in the aggregate, an approved state hazardous waste Minnesota from the National Priorities or to the private sector, of $100 million program. However, such small List (NPL). The NPL is Appendix B of or more in any one year. When a written governments which own and/or operate the National Oil and Hazardous statement is needed for an EPA rule, TSDFs are already subject to the Substances Contingency Plan (NCP), section 205 of the UMRA generally requirements in 40 CFR Parts 264, 265, which EPA promulgated pursuant to requires EPA to identify and consider a and 270. Once EPA authorizes a state to Section 105 of the Comprehensive reasonable number of regulatory administer its own hazardous waste Environmental Response, alternatives and adopt the least costly, program and any revisions to that Compensation, and Liability Act of 1980 most cost-effective or least burdensome program, these same small governments (CERCLA), as amended. This action is alternative that achieves the objectives will be able to own and operate their being taken by EPA and the State of of the rule. The provisions of section TSDFs with increased levels of Minnesota, because it has been 205 do not apply when they are flexibility provided under the approved determined that Responsible Parties inconsistent with applicable law. state program. Moreover, section 205 allows EPA to have implemented all appropriate adopt an alternative other than the least Certification Under the Regulatory response actions required. Moreover, costly, most cost-effective or least Flexibility Act EPA and the State of Minnesota have burdensome alternative if the Pursuant to the provisions of 5 U.S.C. determined that remedial actions Administrator publishes with the final 605(b), I hereby certify that this conducted at the site to date remain rule an explanation why that alternative authorization will not have a significant protective of public health, welfare, and was not adopted. Before EPA establishes economic impact on a substantial the environment. any regulatory requirements that may number of small entities. This EFFECTIVE DATE: April 26, 1996. significantly or uniquely affect small authorization effectively suspends the FOR FURTHER INFORMATION CONTACT: governments, including tribal applicability of certain Federal Terry Roundtree at (312) 353–3236 (SR– governments, it must have developed regulations in favor of Kentucky’s 6J), Remedial Project Manager or Gladys under section 203 of the UMRA a small program, thereby eliminating Beard at (312) 886–7253, Associate government agency plan. The plan must duplicative requirements for handlers of Remedial Project Manager, Superfund 18508 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Rules and Regulations

Division, U.S. EPA—Region V, 77 West ‘‘Kummer Sanitary Landfill Site, complete text of this decision also may Jackson Blvd., Chicago, IL 60604. Bemidji County, Minnesota’’. be purchased from the Commission’s Information on the site is available at Dated: April 10, 1996. duplicating contractor, International Transcriptions Service, 2100 M Street, the local information repository located Valdas V. Adamkus, at: The Bemidji Public Library, 602 N.W., Washington, DC 20036, (202) Regional Administrator, U.S. EPA, Region V. Beltrami Ave., Bemidji, MN 56601. 857–3800. Requests for comprehensive copies of [FR Doc. 96–10089 Filed 4–25–96; 8:45 am] BILLING CODE 6560±50±P Summary of the Memorandum Opinion documents should be directed formally and Order to the Regional Docket Office. The contact for the Regional Docket Office is 1. In the First Report and Order in this Jan Pfundheller (H–7J), U.S. EPA, FEDERAL COMMUNICATIONS proceeding, 59 FR 25339, May 16, 1994, Region V, 77 W. Jackson Blvd., Chicago, COMMISSION the Commission adopted regulations to IL 60604, (312) 353–5821. ensure compatibility between cable 47 CFR Parts 15 and 76 systems and consumer electronics SUPPLEMENTARY INFORMATION: The site to be deleted from the NPL is: Kummer equipment, i.e., TV receivers, [ET Docket No. 93±7; FCC 96±129] videocassette recorders (VCRs) and Sanitary Landfill Site located in similar devices. These regulations were Beltrami County, Minnesota. A Notice Implementation of Section 17 of the adopted in response to Section 17 of the of Intent to Delete for this site was Cable Television Consumer Protection Cable Consumer Protection and published March 1, 1996 (61 FR 8012). and Competition Act of 1992; and Competition Act of 1992 (1992 Cable The closing date for comments on the Compatibility Between Cable Systems Act), Pub. L. No. 102–385, 106 Stat. Notice of Intent to Delete was March 30, and Consumer Electronics Equipment 1460, (1992), § 17. The major 1996. EPA received no comments and AGENCY: Federal Communications compatibility problems addressed in the therefore no Responsiveness Summary Commission. compatibility rules include the was prepared. capabilities to record sequential The EPA identifies sites which appear ACTION: Final rule; response to petitions programs on different channels; to to present a significant risk to public for reconsideration. record one program while watching health, welfare, or the environment and SUMMARY: The Commission has revised another; to use advanced television it maintains the NPL as the list of those and clarified certain aspects of its picture generation and display features sites. Sites on the NPL may be the regulations for assuring compatibility such as ‘‘Picture-in-Picture’’; and to use subject of Hazardous Substance between consumer electronics remote controls. The new rules include Response Trust Fund (Fund-) financed equipment and cable systems. In requirements for cable operators to take remedial actions. Any site deleted from particular, the Commission has clarified a number of actions that will improve the NPL remains eligible for Fund- the requirement for cable operators to compatibility between existing cable financed remedial actions in the offer subscribers set-top devices with system and consumer TV equipment. unlikely event that conditions at the site multiple tuners; eliminated the The compatibility rules also include warrant such action. Section prohibition on changing the infrared requirements and standards for both 300.425(e)(3) of the NCP states that codes used with remote controls; cable operators and consumer Fund-financed actions may be taken at clarified its policy with regard to the equipment operators that are intended sites deleted from the NPL in the Decoder Interface connector standard; to achieve more effective compatibility unlikely event that conditions at the site and, refined the ‘‘cable ready’’ TV through new cable and consumer warrant such action. Deletion of a site receiver standards. These revisions and equipment. from the NPL does not affect responsible clarifications will further the 2. Petitions for Reconsideration of the party liability or impede agency efforts Commission’s goals of promoting greater First Report and Order were filed by ten to recover costs associated with compatibility between cable systems parties: ANTEC Corporation, response efforts. and consumer electronics equipment. Cablevision Systems Corporation, Cable List of Subjects in 40 CFR part 300 This action is in response to ten Telecommunications Association, the Consumer Electronics Group of the Environmental protection, Air Petitions for Reconsideration of the First Report and Order in this proceeding. Electronics Industries Association, pollution control, Chemicals, Hazardous General Instrument Corporation, the EFFECTIVE DATES: May 28, 1996. The substances, Hazardous Waste, National Cable Television Association, Intergovernmental relations, Penalties, incorporation by reference of a Scientific-Atlanta, Inc., TeleCable Reporting and recordkeeping publication listed in the regulations was Corporation, Time Warner requirements, Superfund, Water approved by the Director of the Federal Entertainment Company, L.P., and pollution control, Water supply. Register as of May 16, 1994. Zenith Electronics Corporation. These 40 CFR part 300 is amended as FOR FURTHER INFORMATION CONTACT: parties requested revisions and follows: Alan Stillwell (202–418–2470) or Robert clarifications with regard to a number of Bromery (301–418–2475), Office of specific provisions of the rules adopted PART 300Ð[AMENDED] Engineering and Technology. in the First Report and Order. 1. The authority citation for part 300 SUPPLEMENTARY INFORMATION: This is a 3. In response to the Petitions for continues to read as follows: summary of the Commission’s Reconsideration, the Commission’s Memorandum, Opinion and Order in ET Memorandum, Opinion and Order sets Authority: 33 U.S.C. 1321(c)(2); E.O. forth a number of decisions pertaining 12777, 56 FR 54757, 3 CFR, 1991 Comp.; Docket No. 93–7, FCC 96–129, adopted p.351; E.O. 12580, 52 FR 2923, 3 CFR, 1987 March 22, 1996 and released April 10, to the cable-consumer electronics Comp.; p. 193. 42 U.S.C. 9601–9657; 1996. The full text of this decision is equipment compatibility rules. In available for inspection and copying particular, this decision: Appendix B—[Amended] during normal business hours in the —Clarifies that cable operators who use 2. Table 1 of appendix B to part 300 FCC Dockets Branch (Room 230), 1919 scrambling are required to offer is amended by removing the Site M Street, N.W., Washington, DC. The subscribers supplemental equipment Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Rules and Regulations 18509

that has the capability to allow Federal Communications Commission 4. Section 15.118 is amended by simultaneous reception of two William F. Caton, revising paragraphs (b), (c)(1), (c)(2), scrambled signals; Acting Secretary. (c)(3), (c)(4), (c)(5) and (d) to read as follows: —Eliminates the prohibition on Rule Changes changing the infrared (IR) codes used Parts 15 and 76 of Chapter I of Title § 15.118 Cable ready consumer with remote controls; electronics equipment. 47 of the Code of Federal Regulations —Denies a request to expand the are amended as follows: * * * * * consumer education program to (b) Cable ready consumer electronics include an advisory that consumer PART 15ÐRADIO FREQUENCY equipment shall be capable of receiving equipment could become obsolete; DEVICES all NTSC or similar video channels on channels 1 through 125 of the channel —Clarifies the Commission will: (1) 1. The authority citation for Part 15 is allocation plan set forth in the Require that the Decoder Interface revised to read as follows: Electronics Industries Association’s standard be designed to enable all Authority: 47 U.S.C. 154, 302, 303, 304, ‘‘Cable Television Channel functions other than security to be 307 and 544A. Identification Plan, EIA IS–132, May provided in competitively supplied 2. Section 15.19 is amended by 1994’’ (EIA IS–132). This incorporation equipment; (2) require cable operators by reference was approved by the to offer security-only component revising paragraph (d) to read as follows: Director of the Federal Register in descrambler modules and (3) not accordance with 5 U.S.C. 522(a) and 1 preclude cable operators from § 15.19 Labeling requirements. CFR Part 51. Copies of EIA IS–132 may incorporating security functions in * * * * * be obtained from: Global Engineering multi-function component (d) Consumer electronics TV receiving Documents, 3130 South Harbor descrambler modules; devices, including TV receivers, Boulevard, Santa Anna, CA 92704. —Eliminates the advisory labeling videocassette recorders, and similar Copies of EIA IS–132 may be inspected requirement for consumer TV devices, that incorporate features during normal business hours at the receivers and VCRs that incorporate intended to be used with cable following locations: Federal features intended to be used with television service, but do not fully Communications Commission, 1919 M cable service, but do not fully comply comply with the technical standards for Street, NW., Dockets Branch (Room with the ‘‘cable ready’’ equipment cable ready equipment set forth in 239), Washington, DC, or the Office of standards; § 15.118, shall not be marketed with the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC. —Clarifies that the Commission’s rules terminology that describes the device as ‘‘cable ready’’ or ‘‘cable compatible,’’ or (c) * * * do not prohibit equipment (1) Adjacent channel interference. In manufacturers from applying the that otherwise conveys the impression that the device is fully compatible with the presence of a lower adjacent channel Canadian GRR II label for cable CW signal that is 1.5 MHz below the compatible devices to TV receivers cable service. Factual statements about the various features of a device that are desired visual carrier in frequency and and VCRs marketed in the United 10 dB below the desired visual carrier States that do not fully comply with intended for use with cable service or the quality of such features are in amplitude, spurious signals within the ‘‘cable ready’’ equipment the IF passband shall be attenuated at standards if that label is carried on the acceptable so long as such statements do not imply that the device is fully least 55 dB below the visual carrier of device in an inconspicuous location the desired signal. The desired input and manner; compatible with cable service. Statements relating to product features signal shall be an NTSC visual carrier —Makes several minor revisions and are generally acceptable where they are modulated with a 10 IRE flat field with clarifications with regard to the limited to one or more specific features color burst and the aural carrier which technical standards for ‘‘cable ready’’ of a device, rather than the device as a is 10 dB below the visual carrier should TV equipment. whole. This requirement applies to be unmodulated. Measurements are to consumer TV receivers, videocassette be performed for input signal levels of 4. Accordingly, it is Ordered that 0 dBmV and +15 dBmV, with the Parts 15 and 76 of the Commission’s recorders and similar devices manufactured or imported for sale in receiver tuned to ten evenly spaced EIA rules Are Amended as set forth below, IS–132 channels covering the band 54 effective May 28, 1996. This action is this country on or after October 31, 1994. MHz to 804 MHz. taken pursuant to authority provided in (2) Image channel interference. Image Sections 4(i), 7(a), 302, 303(c), 303(f), 3. Section 15.115 is amended by revising paragraph (i) to read as follows: channel interference within the IF 303(g), 303(r) and 324A of the passband shall be attenuated below the Communications Act of 1934, as § 15.115 TV interface devices, including visual carrier of the desired channel by amended 47 U.S.C. Sections 154(i), cable system terminal devices. at least 60 dB from 54 MHz to 714 MHz 157(a), 302, 303(c), 303(f), 303(g), 303(r) * * * * * and 50 dB from 714 MHz to 804 MHz. and 324A. (i) Switches and other devices The 60 dB standard applies at 714 MHz. List of Subjects intended to be used to by-pass the In testing for compliance with this processing circuitry of a cable system standard, the desired input signal is to 47 CFR Part 15 terminal device, whether internal to be an NTSC signal on which the visual such a terminal device or a stand-alone carrier is modulated with a 10 IRE flat Communications equipment, unit, shall not attenuate the input signal field with color burst and the aural Television receivers, TV interface more than 6 dB from 54 MHz to 550 carrier is unmodulated and 10 dB below devices. MHz, or more than 8 dB from 550 MHz the visual carrier. The undesired test 47 CFR Part 76 to 804 MHz. The 6 dB standard applies signal shall be a CW signal equal in at 550 MHz. The provisions of this amplitude to the desired visual carrier Cable television. paragraph are applicable June 30, 1997. and located 90 MHz above the visual 18510 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Rules and Regulations carrier frequency of the desired channel. modulated with a 10 IRE flat field with (1)(i) The cable television channels Measurements shall be performed for color burst at a level of 0 dBmV and delivered to the subscriber’s terminal input signals of 0 dBmV and +15 dBmV, with a visual to aural ratio of 10 dB. The shall be capable of being received and with the receiver tuned to at least ten aural carrier shall be unmodulated. The displayed by TV broadcast receivers evenly spaced EIA IS–132 channels peak level of the spurious signals will used for off-the-air reception of TV covering the band 54 MHz to 804 MHz. be measured using a spectrum analyzer broadcast signals, as authorized under (3) Direct pickup interference. The connected by a directional coupler to part 73 of this chapter; and direct pickup (DPU) of a co-channel the cable input of the equipment under (ii) Cable television systems shall interfering ambient field by a cable test. Spurious signal levels must not transmit signals to subscriber premises ready device shall not exceed the exceed the limits in the following table: equipment on frequencies in accordance following criteria. The ratio of the From 54 MHz up to and including 300 with the channel allocation plan set desired to undesired signal levels at the MHz–26 dBmV forth in the Electronics Industries IF passband on each channel shall be at From 300 MHz up to and including 450 Association’s ‘‘Cable Television least 45 dB. The average ratio over the MHz–20 dBmV Channel Identification Plan, EIA IS–132, six channels shall be at least 50 dB. The From 450 MHz up to and including 804 May 1994’’ (EIA IS–132). This desired input signal shall be an NTSC MHz-15 dBmV incorporation by reference was signal having a visual carrier level of 0 (ii) The average of the measurements approved by the Director of the Federal dBmV. The visual carrier is modulated on multiple channels from 450 MHz up Register in accordance with 5 U.S.C. with a 10 IRE flat field with color burst, to and including 804 MHz shall be no 522(a) and 1 CFR Part 51. Cable systems visual to aural carrier ratio of 10 dB, greater than -20 dBmV. Measurements are required to use this channel aural carrier unmodulated. The shall be made with the receiver tuned to allocation plan for signals transmitted in equipment under test (EUT) shall be at least four EIA IS–132 channels in the frequency range 54 MHz to 1002 placed on a rotatable table that is one each of the above bands. The test MHz. This incorporation by reference meter in height. Any excess length of channels are to be evenly distributed was approved by the Director of the the power cord and other connecting across each of the bands. Measurements Federal Register in accordance with 5 leads shall be coiled on the floor under for conducted emissions caused by U.S.C. 522(a) and 1 CFR Part 51. Copies the table. The EUT shall be immersed in sources internal to the device are to be of EIA IS–132 may be obtained from: a horizontally polarized uniform CW made in a shielded room. Measurements Global Engineering Documents, 2805 field of 100 mV/m at a frequency 2.55 for conducted emissions caused by McGraw Ave., Irvine CA 92714. Copies MHz above the visual carrier of the EUT external signal sources shall be made in of EIA IS–132 may be inspected during tuned channel. Measurements shall be an ambient RF field whose field strength normal business hours at the following made with the EUT tuned to six EIA IS– is 100 mV/m, following the same test locations: Federal Communications 132 channels, two each in the low VHF, conditions as described in paragraph Commission, 1919 M Street, NW, high VHF and UHF broadcast bands. On (c)(3) of this section. Dockets Branch (Room 239), each channel, the levels at the IF (d) The field strength of radiated Washington, DC, or the Office of the passband due to the desired and emissions from cable ready consumer Federal Register, 800 North Capitol interfering signals are to be measured. electronics equipment shall not exceed Street, NW., suite 700, Washington, DC. (4) Tuner overload. Spurious signals the limits in § 15.109(a) when measured This requirement is applicable on May within the IF passband shall be in accordance with the applicable 31, 1995, for new and re-built cable attenuated at least 55 dB below the procedures specified in §§ 15.31 and systems, and on June 30, 1997, for all visual carrier of the desired channel 15.35 for unintentional radiators, with cable systems. using a comb-like spectrum input with the following modifications. During * * * * * each visual carrier signal individually testing the NTSC input signal level is to 7. Section 76.630 is amended by set at +15 dBmV from 54 to 550 MHz. be +15 dBmV, with a visual to aural removing paragraph (c), redesignating The desired input signal is to be an ratio of 10 dB. The visual carrier is to paragraphs (d) and (e) as paragraphs (c) NTSC signal on which the visual carrier be modulated by a 10 IRE flat field with and (d) respectively, and revising newly is modulated with a 10 IRE flat field color burst; the aural carrier is to be redesignated paragraphs (c) introductory with color burst and the aural carrier is unmodulated. Measurements are to be text, (c)(2)(i), and (d)(2)(iii) and the note unmodulated and 10 dB below the taken on six EIA IS–132 channels to § 76.630 at the end of the section to visual carrier. Measurements shall be evenly spaced across the required RF read as follows: made with the receiver tuned to at least input range of the equipment under test. § 76.630 Compatibility with consumer seven evenly spaced EIA IS–132 * * * * * channels covering the band 54 MHz to electronics equipment. 550 MHz. In addition, spurious signals PART 76ÐCABLE TELEVISION * * * * * within the IF passband shall be SERVICE (c) Cable system operators that use attenuated at least 51 dB below the scrambling, encryption or similar visual carrier of the desired channel 5. The authority citation for Part 76 is technologies in conjunction with cable using a comb spectrum input with each revised to read as follows: system terminal devices, as defined in signal individually set at +15 dBmV Authority: 47 U.S.C. 151–714; 106 Stat. § 15.3(e) of this chapter, that may affect from 550 to 804 MHz. Measurements 1460. subscribers’ reception of signals shall shall be made with the receiver tuned to 6. Section 76.605 is amended by offer to supply each subscriber with at least three evenly spaced EIA IS–132 revising paragraph (a)(1), removing special equipment that will enable the channels covering the band 550 MHz to paragraph (a)(2), and redesignating simultaneous reception of multiple 804 MHz. paragraphs (a)(3) through (a)(13) as signals. The equipment offered shall (5) Cable input conducted emissions. paragraphs (a)(2) through (a)(12), include a single terminal device with (i) Conducted spurious emissions that respectively, to read as follows: dual descramblers/decoders and/or appear at the cable input to the device timers and bypass switches. Other must meet the following criteria. The § 76.605 Technical standards. equipment, such as two independent input shall be an NTSC video carrier (a) * * * set-top terminal devices may be offered Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Rules and Regulations 18511 at the same time that the single terminal 47 CFR Part 73 Federal Communications Commission. device with dual tuners/descramblers is John A. Karousos, offered. For purposes of this rule, two [MM Docket No. 95±179; RM±8728] Chief, Allocations Branch, Policy and Rules set-top devices linked by a control Division, Mass Media Bureau. system that provides functionality Radio Broadcasting Services; [FR Doc. 96–10296 Filed 4–25–96; 8:45 am] equivalent to that of a single device with Cassville and Kimberling City, MO BILLING CODE 6712±01±F dual descramblers is considered to be the same as a terminal device with dual AGENCY: Federal Communications descramblers/decoders. Commission. 47 CFR Part 73 * * * * * ACTION: Final rule. [MM Docket No. 95±170; RM±8721; RM± (2) * * * 8753] SUMMARY: This document substitutes (i) To allow simultaneous reception of Channel 261C2 for Channel 261A at any two scrambled or encrypted signals Radio Broadcasting Services; Cassville, Missouri, reallots the Channel Campton and Frenchburg, KY and to provide for tuning to alternative to Kimberling City, Missouri, and channels on a pre-programmed modifies the license for Station KRLK to AGENCY: Federal Communications schedule; and specify operation on Channel 261C2 at Commission. * * * * * Kimberling City. The Notice was issued ACTION: Final rule. (d) * * * in response to a petition filed by Kevin M. and Patricia W. Wodlinger. See 60 SUMMARY: The Commission, at the (2) * * * FR 65618, December 20, 1995. The request of James P. Wagner, allots (iii) In cases where cable system coordinates for Channel 261C2 at Channel 279A at Campton, Kentucky, as operators offer remote control capability Kimberling City are 36–30–00 and 93– the community’s first local aural with cable system terminal devices and 23–00. With this action, this proceeding transmission service (RM–8721). See 60 other customer premises equipment that is terminated. FR 58038, October 24, 1995. At the request of James P. Gray, we also is provided to subscribers, they shall EFFECTIVE DATE: June 3, 1996. advise their subscribers that remote dismiss the counterproposal proposing control units that are compatible with FOR FURTHER INFORMATION CONTACT: the allotment of Channel 279A at that equipment may be obtained from Kathleen Scheuerle, Mass Media Frenchburg, Kentucky, as the other sources, such as retail outlets. Bureau, (202) 418–2180. community’s first local aural Cable system operators shall also transmission service (RM–8753). SUPPLEMENTARY INFORMATION: This is a Channel 279A can be allotted to provide a representative list of the synopsis of the Commission’s Report Campton in compliance with the models of remote control units currently and Order, MM Docket No. 95–179, Commission’s minimum distance available from retailers that are adopted March 27, 1996, and released separation requirements without the compatible with the customer premises April 19, 1996. The full text of this imposition of a site restriction. The equipment they employ. Cable system Commission decision is available for coordinates for Channel 279A at operators are required to make a good inspection and copying during normal Campton are North Latitude 37–44–06 faith effort in compiling this list and business hours in the Commission’s and West Longitude 83–32–48. With will not be liable for inadvertent Reference Center (Room 239), 1919 M this action, this proceeding is omissions. This list shall be current as Street, NW., Washington, DC. The terminated. of no more than six months before the complete text of this decision may also be purchased from the Commission’s DATES: Effective June 3, 1996. The date the consumer education program is window period for filing applications distributed to subscribers. Cable copy contractors, International Transcription Services, Inc., 2100 M will open on June 3, 1996 and close on operators are also required to encourage July 3, 1996. subscribers to contact the cable operator Street, NW., Suite 140, Washington, DC 20037, (202) 857–3800. FOR FURTHER INFORMATION CONTACT: to inquire about whether a particular Sharon P. McDonald, Mass Media remote control unit the subscriber might List of Subjects in 47 CFR Part 73 Bureau, (202) 418–2180. be considering for purchase would be SUPPLEMENTARY INFORMATION: compatible with the subscriber’s Radio broadcasting. This is a synopsis of the Commission’s Report customer premises equipment. Part 73 of title 47 of the Code of and Order, MM Docket No. 95–170, Note to § 76.630: The provisions of Federal Regulations is amended as adopted March 25, 1996, and released paragraphs (a) and (b) of this section are follows: April 18, 1996. The full text of this applicable July 31, 1994, and June 30, 1994, Commission decision is available for respectively. The provisions of paragraphs (c) PART 73Ð[AMENDED] inspection and copying during normal and (d) of this section are applicable October business hours in the FCC Reference 31, 1994, except for the requirement under 1. The authority citation for part 73 Center (Room 239), 1919 M Street, NW., paragraph (c) of this section for cable system continues to read as follows: Washington, DC. The complete text of operators to supply cable system terminal Authority: Secs. 303, 48 Stat., as amended, this decision may also be purchased devices with dual tuners (as needed), which 1082; 47 U.S.C. 154, as amended. from the Commission’s copy is applicable October 31, 1995. The initial § 73.202 [Amended] contractors, International Transcription offer of special equipment to all subscribers, Service, Inc., (202) 857–3800, 2100 M as required under paragraph (c) of this 2. Section 73.202(b), the Table of FM Street, NW., Suite 140, Washington, DC section, shall be made by October 31, 1994. Allotments under Missouri, is amended 20037. [FR Doc. 96–9489 Filed 4–25–96; 8:45 am] by removing Cassville, Channel 261A List of Subjects in 47 CFR Part 73 BILLING CODE 6712±01±N and adding Kimberling City, Channel 261C2. Radio broadcasting. 18512 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Rules and Regulations

Part 73 of title 47 of the Code of also conducted public outreach Pipeline Safety Regulations; thus, there Federal Regulations is amended as meetings to discuss the pipeline safety are no direct or indirect adverse follows: program. A theme of this process and an economic impacts for small units of issue often raised during the course of government, businesses, or other PART 73Ð[AMENDED] the outreach meetings and other recent organizations. public contacts is the need to keep 1. The authority citation for part 73 Paperwork Reduction Act continues to read as follows: existing regulation updated. As a result, RSPA reviewed its pipeline safety There are no new information Authority: Sections 303, 48 Stat., as program procedures, 49 CFR parts 190– collection requirements in this final amended, 1082; 47 U.S.C. 154, as amended. 199 and identified numerous instances rule. § 73.202 [Amended] in which these regulations were not up Lists of Subjects 2. Section 73.202(b), the Table of FM to date. These discrepancies include 49 CFR Part 190 Allotments under Kentucky, is amended titles, addresses, amendment by adding Campton, Channel 279A. summaries, typographical errors and Administrative practice and statutory citations. For example, procedure, Penalties, Pipeline safety. Federal Communications Commission. references to the Natural Gas Pipeline John A. Karousos, Safety Act and the Hazardous Liquid 49 CFR Part 191 Chief, Allocations Branch, Policy and Rules Pipeline Safety Act have been deleted Pipeline safety, Reporting and Division, Mass Media Bureau. and replaced with references to Public recordkeeping requirements. [FR Doc. 96–10293 Filed 4–25–96; 8:45 am] Law 103–272. Enacted on July 5, 1994, 49 CFR Part 192 BILLING CODE 6712±01±F Public Law 103–272 revised, codified, and enacted the provisions of those Acts Pipeline safety, Reporting and without substantive change as Chapter recordkeeping requirements. DEPARTMENT OF TRANSPORTATION 601 of Title 49, United States Code. This 49 CFR Part 193 amendment makes those corrections. Research and Special Programs In addition, unnecessary gender Fire prevention, Pipeline safety, Administration specific terms have been changed to Reporting and recordkeeping gender neutral terms and other minor requirements, Security measures. 49 CFR Parts 190, 191, 192, 193, 195, corrections have been made. Since these 49 CFR Part 195 198, and 199 amendments do not impose new Anhydrous ammonia, Carbon dioxide, [Docket No. PS 145; Amdt Nos. 190±6; 191± requirements, notice and public 10; 192±74; 193±10; 195±55; 198±2; 199± procedure are unnecessary. Petroleum, Pipeline safety, Reporting 13] and recordkeeping requirements. Rulemaking Analysis and Notices RIN 2137±AC79 49 CFR Part 198 Executive Order 12866 and DOT Grant programs, Formula, Pipeline Regulatory Policies and Procedures Pipeline Safety Program Procedures; safety. Update and Corrections This final rule is not considered a 49 CFR Part 199 AGENCY: Research and Special Programs significant regulatory action under Administration (RSPA), DOT. section 3(f) of Executive Order 12866 Alcohol testing, Drug testing, Pipeline and, therefore, was not subject to review safety, Reporting and recordkeeping ACTION: Final rule; correcting by the Office of Management and requirements. amendments. Budget. This rule is not significant Accordingly, 49 CFR parts 190, 191, SUMMARY: In response to the President’s according to the Regulatory Policies and 192, 193, 195, 198, and 199 are Regulatory Reinvention Initiative, this Procedures of the Department of corrected by making the following rulemaking updates and corrects Transportation (44 FR 11034). This final amendments: pipeline safety program procedures by rule does not require a Regulatory amending nomenclature, addresses, Impact Analysis, or a regulatory PART 190Ð[AMENDED] amendment summaries, typographical evaluation or an environmental 1. The authority citation for part 190 errors, and penalty amounts. These assessment or impact statement under is revised to read as follows: editorial amendments impose no new the National Environmental Policy Act procedural requirements. (42 U.S.C. 4321 et seq.). Authority: 49 U.S.C. 5123, 60108, 60112, 60117, 60118, 60120, 60122, and 60123; and EFFECTIVE DATE: April 26, 1996. Executive Order 12612 49 CFR 1.53. FOR FURTHER INFORMATION CONTACT: L.E. This final rule has been analyzed in 2. Section 190.1 is amended by Herrick at 202–366–5523 or online at accordance with the principles and revising paragraph (a) to read as follows: [email protected]. criteria in Executive Order 12612 § 190.1 Purpose and scope. SUPPLEMENTARY INFORMATION: (‘‘Federalism’’) and does not have sufficient federalism impacts to warrant (a) This part prescribes procedures Background the preparation of a federalism used by the Research and Special In a memorandum dated March 4, assessment. Programs Administration in carrying out 1995, the President provided direction duties regarding pipeline safety under to the heads of Departments and Regulatory Flexibility Act 49 U.S.C. 60101 et seq. (the pipeline Agencies on carrying out his regulatory I certify that this rule will not have a safety laws) and 49 U.S.C. 5101 et seq. reform initiative for reinventing the significant economic impact on a (the hazardous material transportation government. As part of this initiative, substantial number of small entities. laws). RSPA reviewed existing pipeline safety This rule makes minor corrections * * * * * regulations and identified those that are which will not impose any new 3. Section 190.3 is revised to read as outdated or in need of reform. RSPA requirements on persons subject to the follows: Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Rules and Regulations 18513

§ 190.3 Definitions. by registered or certified mail to the (4) Report from a State Agency As used in this part: person at the last known address, or by participating in the Federal Program Hearing means an informal any method whereby actual notice is under 49 U.S.C. 60105; conference or a proceeding for oral given to the person and the fees are * * * * * presentation. Unless otherwise made available prior to the return date. (d) To the extent necessary to carry specifically prescribed in this part, the * * * * * out the responsibilities under 49 U.S.C. use of ‘‘hearing’’ is not intended to (i) Any person to whom a subpoena 60101 et seq., the Administrator, RSPA require a hearing on the record in is directed may, prior to the time or the Associate Administrator, OPS accordance with section 554 of title 5, specified therein for compliance, but in may require testing of portions of U.S.C. no event more than 10 days after the pipeline facilities that have been OPS means the Office of Pipeline date of service of such subpoena, apply involved in, or affected by, an accident. Safety, which is part of the Research to the official who issued the subpoena, However, before exercising this and Special Programs Administration, or if the person is unavailable, to the authority, the Administrator, RSPA or U.S. Department of Transportation. Administrator, RSPA to quash or modify the Associate Administrator, OPS shall Person means any individual, firm, the subpoena. The application shall make every effort to negotiate a joint venture, partnership, corporation, contain a brief statement of the reasons mutually acceptable plan with the association, State, municipality, relied upon in support of the action owner of those facilities and, where cooperative association, or joint stock sought therein. The Administrator, appropriate, the National Transportation association, and includes any trustee, RSPA, or this issuing official, as the case Safety Board for performing the testing. receiver, assignee, or personal may be, may: * * * * * representative thereof. * * * * * 8. Section 190.205 is revised to read Presiding Official means the person as follows: who conducts any hearing relating to 5. Section 190.9 is amended by civil penalty assessments, compliance revising paragraph (b)(1)(i) to read as § 190.205 Warning letters. orders or hazardous facility orders. follows: Upon determining that a probable Regional Director means the head of § 190.9 Petitions for finding or approval. violation of 49 U.S.C. 60101 et seq. or any one of the Regional Offices of the any regulation or order issued * * * * * Office of Pipeline Safety, or a designee (b) * * * thereunder has occurred, the Associate appointed by the Regional Director. (1) * * * Administrator, OPS may issue a Regional Offices are located in (i) The State agency certified to Warning Letter notifying the owner or Washington, DC (Eastern Region); participate under 49 U.S.C. 60105. operator of the probable violation and Atlanta, Georgia (Southern Region); advising the operator to correct it or be Kansas City, Missouri (Central Region); * * * * * subject to enforcement action under Houston, Texas (Southwest Region); and 6. Section 190.201 is amended by §§ 190.207 through 190.235. Lakewood, Colorado (Western Region). revising paragraph (a) to read as follows: 9. Section 190.207 is amended by Respondent means a person upon § 190.201 Purpose and scope. revising paragraphs (a) and (c) to read as follows: whom the OPS has served a notice of (a) This subpart describes the probable violation. enforcement authority and sanctions RSPA means the Research and Special § 190.207 Notice of probable violation. exercised by the Associate Programs Administration of the United (a) Except as otherwise provided by Administrator, OPS for achieving and States Department of Transportation. this subpart, a Regional Director begins maintaining pipeline safety. It also State means a State of the United an enforcement proceeding by serving a prescribes the procedures governing the States, the District of Columbia and the notice of probable violation on a person exercise of that authority and the Commonwealth of Puerto Rico. charging that person with a probable 4. Section 190.7 is amended by imposition of those sanctions. violation of 49 U.S.C. 60101 et seq. or revising paragraphs (d) and (i), * * * * * any regulation or order issued introductory text, to read as follows: 7. Section 190.203 is amended by thereunder. revising paragraphs (a), (b)(1), (b)(4), * * * * * § 190.7 Subpoenas; witness fees. and (d) to read as follows: (c) The Associate Administrator, OPS * * * * * § 190.203 Inspections. may amend a notice of probable (d) Service of a subpoena upon the violation at any time prior to issuance person named therein shall be made by (a) Officers, employees, or agents of a final order under § 190.213. If an delivering a copy of the subpoena to authorized by the Associate amendment includes any new material such person and by tendering the fees Administrator, OPS upon presenting allegations of fact or proposes an for one day’s attendance and mileage as appropriate credentials, are authorized increased civil penalty amount or new specified by paragraph (g) of this to enter upon, inspect, and examine, at or additional remedial action under section. When a subpoena is issued at reasonable times and in a reasonable § 190.217, the respondent shall have the the instance of any officer or agency of manner, the records and properties of opportunity to respond under § 190.209. the United States, fees and mileage need persons to the extent such records and 10. Section 190.209 is amended by not be tendered at the time of service. properties are relevant to determining revising the introductory text and Delivery of a copy of a subpoena and the compliance of such persons with the paragraphs (c) and (d) to read as follows: tender of the fees to a natural person requirements of 49 U.S.C. 60101 et seq. may be made by handing them to the or regulations, or orders issued § 190.209 Response options. person, leaving them at the person’s thereunder. Within 30 days of receipt of a notice office with the person in charge thereof, (b) * * * of probable violation the respondent leaving them at the person’s dwelling (1) Routine scheduling by the shall respond to the Regional Director place or usual place of abode with some Regional Director of the Region in who issued the notice in the following person of suitable age and discretion which the facility is located; way: then residing therein, by mailing them * * * * * * * * * * 18514 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Rules and Regulations

(c) An offer in compromise under No detailed record of a hearing is (b) If the respondent requests the paragraph (a) of this section is made by prepared. consideration of additional facts or submitting a check or money order for * * * * * arguments, the respondent must submit the amount offered to the Regional (j) After submission of all materials the reasons they were not presented Director who forwards the offer to the during and after the hearing, the prior to issuance of the final order. Associate Administrator, OPS for action. presiding official shall prepare a written (c) The Associate Administrator, OPS If the offer in compromise is accepted recommendation as to final action in the does not consider repetitious by the Associate Administrator, OPS the case. This recommendation, along with information, arguments, or petitions. respondent is notified in writing that any material submitted during and after (d) Unless the Associate the acceptance is in full settlement of the hearing, shall be included in the Administrator, OPS otherwise provides, the civil penalty action. If an offer in case file which is forwarded to the the filing of a petition under this section compromise submitted under paragraph Associate Administrator, OPS for final does not stay the effectiveness of the (a) of this section is rejected by the administrative action. final order. Associate Administrator, OPS it is 12. Section 190.213 is amended by (e) The Associate Administrator, OPS returned to the respondent with written revising paragraph (a), (b)(4), (c), may grant or deny, in whole or in part, notification. Within 10 days of receipt of introductory text, and (e) to read as any petition for reconsideration without such notification, the respondent shall follows: further proceedings. In the event the again respond to the Regional Director Associate Administrator, OPS in one or more of the ways provided in § 190.213 Final order. reconsiders a final order, a final paragraph (a) of this section. (a) After a hearing under § 190.211 or, decision on reconsideration may be (d) Failure of the respondent to if no hearing has been held, after issued without further proceedings, or, respond in accordance with paragraph expiration of the 30 day response period in the alternative, additional (a) of this section or, when applicable, prescribed in § 190.209, the case file of information, data, and comment may be paragraph (c) of this section, constitutes an enforcement proceeding commenced requested by the Associate a waiver of the right to contest the under § 190.207 is forwarded to the Administrator, OPS as deemed allegations in the notice of probable Associate Administrator, OPS for appropriate. violation and authorizes the Associate issuance of a final order. (f) It is the policy of the Associate Administrator, OPS, without further (b) * * * Administrator, OPS to issue notice of notice to the respondent, to find facts to (4) The Regional Director’s evaluation the action taken on a petition for be as alleged in the notice of probable of response material submitted by the reconsideration within 20 days after violation and to issue a final order respondent and recommendation for receipt of the petition, unless it is found under § 190.213. final action to be taken under this impracticable to take action within that 11. Section 190.211 is amended by section; and time. In cases where it is so found and delay beyond that period is expected to revising paragraphs (a), (b), (d), and (j) * * * * * be substantial, notice of that fact and the to read as follows: (c) Based on a review of a case file date by which it is expected that action described in paragraph (b) of this § 190.211 Hearing. will be taken is issued to the section, the Associate Administrator, (a) A request for a hearing provided respondent. OPS shall issue a final order that 14. Section 190.217 is revised to read for in this part must be accompanied by includes— a statement of the issues that the as follows: * * * * * respondent intends to raise at the (e) It is the policy of the Associate § 190.217 Compliance orders generally. hearing. The issues may relate to the Administrator, OPS to issue a final When the Associate Administrator, allegations in the notice, the proposed order under this section within 45 days OPS has reason to believe that a person corrective action (including a proposed of receipt of the case file, unless it is is engaging in conduct which involves amendment, a proposed compliance found impracticable to take action a violation of the 49 U.S.C. 60101 et seq. order, or a proposed hazardous facility within that time. In cases where it is so or any regulation issued thereunder, and order), or the proposed civil penalty found and the delay beyond that period if the nature of the violation, and the amount. A respondent’s failure to is expected to be substantial, notice of public interest warrant, the Associate specify an issue may result in waiver of that fact and the date by which it is Administrator, OPS may conduct the respondent’s right to raise that issue expected that action will be taken is proceedings under §§ 190.207 through at the hearing. The respondent’s request issued to the respondent. 190.213 of this part to determine the must also indicate whether or not the 13. Sections 190.215 is revised to read nature and extent of the violations and respondent will be represented by as follows: to issue an order directing compliance. counsel at the hearing. 15. Section 190.219 is amended by (b) In such circumstances as deemed § 190.215 Petitions for reconsideration. revising paragraph (a) to read as follows: appropriate by the Regional Director, (a) A respondent may petition the and only if the respondent concurs, a Associate Administrator, OPS for § 190.219 Consent order. telephone conference may be held in reconsideration of a final order issued (a) At any time before the issuance of lieu of a hearing. under § 190.213. It is requested, but not a compliance order under § 190.213 the * * * * * required, that three copies be submitted. Associate Administrator, OPS and the (d) The hearing is conducted The petition must be received no later respondent may agree to dispose of the informally without strict adherence to than 20 days after service of the final case by joint execution of a consent rules of evidence. The respondent may order upon the respondent. Petitions order. Upon such joint execution, the submit any relevant information and received after that time will not be consent order shall be considered a final material and call witnesses on the considered. The petition must contain a order under § 190.213. respondent’s behalf. The respondent brief statement of the complaint and an * * * * * may also examine the evidence and explanation as to why the effectiveness 16. Section 190.221 is revised to read witnesses presented by the government. of the final order should be stayed. as follows: Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Rules and Regulations 18515

§ 190.221 Civil penalties generally. Associate Administrator, OPS. If it is § 190.231 Referral for prosecution. When the Associate Administrator, accepted, the respondent is notified in If an employee of the Research and OPS has reason to believe that a person writing that the acceptance is in full Special Programs Administration has committed an act which is a settlement of the civil penalty action. If becomes aware of any actual or possible violation of any provision of the 49 the compromise offer is rejected it will activity subject to criminal penalties U.S.C. 60101 et seq. or any regulation or be returned to the respondent with under § 190.229, the employee reports it order issued thereunder, proceedings written notification. Within 20 days to the Office of the Chief Counsel, under §§ 190.207 through 190.213 may after the respondent’s receipt of such Research and Special Programs be conducted to determine the nature notification, payment of the full amount Administration, U.S. Department of and extent of the violations and to of the civil penalty assessed in the final Transportation, Washington, DC 20590. assess and, if appropriate, compromise order becomes due. The provisions of The Chief Counsel refers the report to a civil penalty. paragraph (b) of this section regarding OPS for investigation. Upon completion 16a. Section 190.223 is amended by district court or Federal magistrate court of the investigation and if appropriate, revising paragraphs (a), (b), and (c) to action for penalty collection apply upon the Chief Counsel refers the report to the read as follows: failure of the respondent to pay the Department of Justice for criminal assessed penalty within that time prosecution of the offender. § 190.223 Maximum penalties. period. 21. Section 190.233 is amended by (a) Any person who is determined to (d) If the respondent elects to make an revising paragraphs (a), (b), (c)(2), (c)(4), have violated a provision of 49 U.S.C. offer in compromise to a civil penalty (d), (e) introductory text, (e)(5), (g) and 60101 et seq. or any regulation or order proposed in a notice of probable (h) to read as follows: issued thereunder, is subject to a civil violation issued under § 190.207, the § 190.233 Hazardous facility orders. penalty not to exceed $10,000 for each respondent shall do so in accord with violation for each day the violation (a) Except as provided by paragraph the procedures of § 190.209. (b) of this section, if the Associate continues except that the maximum 19. Section 190.229 is amended by civil penalty may not exceed $500,000 Administrator, OPS finds, after revising paragraphs (a) through (d) to reasonable notice and opportunity for for any related series of violations. read as follows: (b) Any person who knowingly hearing in accord with paragraph (c) of violates a regulation or order under this § 190.229 Criminal penalties generally. this section, and § 190.211(a), a particular pipeline facility to be subchapter applicable to offshore gas (a) Any person who willfully and hazardous to life or property, the gathering lines issued under the knowingly violates a provision of 49 Associate Administrator, OPS shall authority of 49 U.S.C. 5101 et seq is U.S.C. 60101 et seq. or any regulation or issue an order pursuant to this section liable for a civil penalty of not more order issued thereunder shall upon requiring the owner or operator of the than $25,000 for each violation, and if conviction be subject for each offense to facility to take corrective action. any such violation is a continuing one, a fine of not more than $25,000 and Corrective action may include each day of violation constitutes a imprisonment for not more than five suspended or restricted use of the separate offense. years, or both. facility, physical inspection, testing, (c) Any person who is determined to (b) Any person who willfully violates repair, replacement, or other action, as have violated any standard or order a regulation or order under this under under 49 U.S.C. 60103 shall be appropriate. subchapter issued under the authority of (b) The Associate Administrator, OPS subject to a civil penalty of not to 49 U.S.C. 5101 et seq. as applied to exceed $50,000, which penalty shall be may waive the requirement for notice offshore gas gathering lines shall upon and hearing under paragraph (a) of this in addition to any other penalties to conviction be subject for each offense to which such person may be subject section before issuing an order pursuant a fine of not more than $25,000, to this section when the Associate under paragraph (a) of this section. imprisonment for a term not to exceed * * * * * Administrator, OPS determines that the 5 years, or both. failure to do so would result in the 17. Section 190.225, the introductory (c) Any person who willfully and text, is revised to read as follows: likelihood of serious harm to life or knowingly injures or destroys, or property. However, the Associate § 190.225 Assessment considerations. attempts to injure or destroy, any Administrator, OPS shall include in the The Associate Administrator, OPS interstate transmission facility or any order an opportunity for hearing as soon assesses a civil penalty under this part interstate pipeline facility (as those as practicable after issuance of the only after considering: terms are defined in 49 U.S.C. 60101 et order. The provisions of paragraph (c)(2) seq.) shall, upon conviction, be subject of this section apply to an owner or * * * * * for each offense to a fine of not more 18. Section 190.227 is amended by operator’s decision to exercise such an than $25,000, imprisonment for a term revising paragraphs (c) and (d) to read opportunity for hearing. The purpose of not to exceed 15 years, or both. as follows: such a post-order hearing is for the (d) Any person who willfully and Associate Administrator, OPS to § 190.227 Payment of penalty. knowingly defaces, damages, removes, determine whether the order should * * * * * destroys any pipeline sign, right-of-way remain in effect or be rescinded or (c) Within 20 days after the marker, or marine buoy required by 49 suspended in accord with paragraph (g) respondent’s receipt of a final order U.S.C. 60101 et seq. or 49 U.S.C. 5101 of this section. assessing a civil penalty issued under et seq., or any regulation or order issued (c) * * * § 190.213, the respondent may offer to thereunder shall, upon conviction, be (2) An owner or operator elects to compromise the assessed penalty by subject for each offense to a fine of not exercise his opportunity for a hearing submitting, in the manner required by more than $5,000, imprisonment for a under this section, by notifying the paragraph (a) of this section, payment in term not to exceed 1 year, or both. Associate Administrator, OPS of that the amount offered. The Chief Counsel * * * * * election in writing within 10 days of or designee may accept or reject the 20. Section 190.231 is revised to read service of the notice provided under compromise offer on behalf of the as follows: paragraph (c)(1) of this section or, under 18516 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Rules and Regulations paragraph (b) of this section when property. When appropriate, however, Authority: 49 U.S.C. 5121, 60102, 60103, applicable. Absence of such written such a rescission or suspension may be 60104, 60108, 60117, 60118, and 60124; and notification waives an owner or accompanied by a notice of probable 49 CFR 1.53. operator’s opportunity for a hearing and violation issued under § 190.207. 2. Section 191.3 is amended by allows the Associate Administrator, (h) At any time after an order issued removing the definition of Secretary, OPS to proceed to issue a ‘‘hazardous under this section has become effective, and adding the definition of facility order’’ in accordance with the Associate Administrator, OPS may Administrator to read as follows: paragraphs (d) through (h) of this request the Attorney General to bring an section. action for appropriate relief in § 191.3 Definitions. * * * * * accordance with § 190.235. * * * * * (4) Within 48 hours after conclusion * * * * * Administrator means the of a hearing under this section, the 22. Section 190.235 is revised to read Administrator of the Research and Presiding Official shall submit a as follows: Special Programs Administration or any recommendation to the Associate person to whom authority in the matter Administrator, OPS as to whether or not § 190.235 Injunctive action. concerned has been delegated by the a ‘‘hazardous facility order’’ is required. Whenever it appears to the Associate Secretary of Transportation. Upon receipt of the recommendation, Administrator, OPS that a person has * * * * * the Associate Administrator, OPS shall engaged, is engaged, or is about to 3. Section 191.19 is revised to read as proceed in accordance with paragraphs engage in any act or practice follows: (d) through (h) of this section. If the constituting a violation of any provision Associate Administrator, OPS finds the of 49 U.S.C. 60101 et seq. or any § 191.19 Report forms. facility to be hazardous to life or regulations issued thereunder, the Copies of the prescribed report forms property the Associate Administrator, Administrator, RSPA, or the person to are available without charge upon OPS shall issue an order in accordance whom the authority has been delegated, request from the address given in with this section. If the Associate may request the Attorney General to § 191.7 Additional copies in this Administrator, OPS does not find the bring an action in the appropriate U.S. prescribed format may be reproduced facility to be hazardous to life or District Court for such relief as is and used if in the same size and kind property, the Associate Administrator, necessary or appropriate, including of paper. In addition, the information OPS shall dismiss the allegations mandatory or prohibitive injunctive required by these forms may be contained in the notice, and promptly relief, interim equitable relief, and submitted by any other means that is notify the owner or operator in writing punitive damages as provided under 49 acceptable to the Administrator. by service as prescribed in § 190.5. U.S.C. 60120 and 49 U.S.C. 5123. 4. Section 191.25 is amended by (d) The Associate Administrator, OPS 23. Section 190.237 is amended by revising paragraph (a) to read as follows: may find a pipeline facility to be revising paragraph (a) to read as follows: hazardous under paragraph (a) of this § 191.25 Filing safety-related condition § 190.237 Amendment of plans or reports. section: procedures. (1) If under the facts and (a) Each report of a safety-related (a) A Regional Director begins a circumstances the Associate condition under § 191.23(a) must be proceeding to determine whether an Administrator, OPS determines the filed (received by the Associate operator’s plans or procedures required particular facility is hazardous to life or Administrator, OPS) in writing within under parts 192, 193, 195, and 199 of property; or five working days (not including this subchapter are inadequate to assure (2) If the pipeline facility or a Saturday, Sunday, or Federal Holidays) safe operation of a pipeline facility by component thereof has been constructed after the day a representative of the issuing a notice of amendment. The or operated with any equipment, operator first determines that the notice shall provide an opportunity for material, or technique which the condition exists, but not later than 10 a hearing under § 190.211 of this part Associate Administrator, OPS working days after the day a and shall specify the alleged determines is hazardous to life or representative of the operator discovers inadequacies and the proposed action property, unless the operator involved the condition. Separate conditions may for revision of the plans or procedures. demonstrates to the satisfaction of the be described in a single report if they The notice shall allow the operator 30 Associate Administrator, OPS that, are closely related. Reports may be days after receipt of the notice to submit under the particular facts and transmitted by facsimile at (202) 366– written comments or request a hearing. circumstances involved, such 7128. After considering all material presented equipment, material, or technique is not * * * * * hazardous to life or property. in writing or at the hearing, the (e) In making a determination under Associate Administrator, OPS shall PART 192Ð[AMENDED] paragraph (d) of this section, the determine whether the plans or Associate Administrator, OPS shall procedures are inadequate as alleged 1. The authority citation for Part 192 consider, if relevant: and order the required amendment if is revised to read as follows: they are inadequate, or withdraw the * * * * * Authority: 49 U.S.C. 5103, 60102, 60104, (5) Such other factors as the Associate notice if they are not. In determining the 60108, 60109, 60110, 60113, and 60118; and Administrator, OPS may consider adequacy of an operator’s plans or 49 CFR 1.53. appropriate. procedures, the Associate Administrator, OPS shall consider: 2. Section 192.11 is amended by * * * * * revising paragraph (b)(2) to read as * * * * * (g) The Associate Administrator, OPS follows: shall rescind or suspend a hazardous PART 191Ð[AMENDED] facility order whenever the Associate § 192.11 Petroleum gas systems. Administrator, OPS determines that the 1. The authority citation for part 191 * * * * * facility is no longer hazardous to life or is revised to read as follows: (b) * * * Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Rules and Regulations 18517

(2) Below ground structures must § 192.511 Test requirements for service U.S.C. 60101 et seq.) and Part 192 of this have forced ventilation that will prevent lines. chapter. any accumulation of gas. (a) Each segment of a service line * * * * * * * * * * (other than plastic) must be leak tested 3. Section 193.2007 is amended by 3. Section 192.227 is amended by in accordance with this section before revising the definition of Administrator revising paragraph (b) introductory text, being placed in service. If feasible, the and the definition of g to read as to read as follows: service line connection to the main follows: must be included in the test; if not § 193.2007 Definitions. § 192.227 Qualification of welders. feasible, it must be given a leakage test * * * * * at the operating pressure when placed * * * * * (b) A welder may qualify to perform in service. Administrator means the Administrator of the Research and welding on pipe to be operated at a * * * * * pressure that produces a hoop stress of Special Programs Administration or any 7. Section 192.603 is amended by person to whom authority in the matter less than 20 percent of SMYS by revising paragraph (c) to read as follows: performing an acceptable test weld, for concerned has been delegated by the the process to be used, under the test set § 192.603 General provisions. Secretary of Transportation. forth in section I of appendix C to this * * * * * * * * * * part. A welder who makes welded g means the standard acceleration of (c) The Administrator or the State service line connections to mains must gravity of 9.806 meters per second2 Agency that has submitted a current also perform an acceptable test weld (32.17 feet per second2). certification under the pipeline safety under section II of appendix C to this laws, (49 U.S.C. 60101 et seq.) with * * * * * part as part of the qualifying test. After respect to the pipeline facility governed 4. Section 193.2017 is amended by initial qualification, a welder may not by an operator’s plans and procedures revising paragraph (a) to read as follows: perform welding unless: may, after notice and opportunity for § 193.2017 Plans and procedures. * * * * * hearing as provided in 49 CFR 190.237 4. Section 192.361 is amended by (a) Each operator shall maintain at or the relevant State procedures, require each LNG plant the plans and revising paragraph (f)(1) to read as the operator to amend its plans and follows: procedures required for that plant by procedures as necessary to provide a this part. The plans and procedures § 192.361 Service lines: Installation reasonable level of safety. must be available upon request for * * * * * 9. Section 192.623, the heading, is review and inspection by the revised to read as follows: (f) * * * Administrator or any State Agency that has submitted a current certification or § 192.623 Maximum and minimum (1) It must be encased in a gas tight agreement with respect to the plant conduit; allowable operating pressure; Low-pressure distribution systems. under the pipeline safety laws (49 * * * * * U.S.C. 60101 et seq.). In addition, each * * * * * 5. Section 192.367 is amended by change to the plans or procedures must revising paragraph (a) to read as follows: PART 193Ð[AMENDED] be available at the LNG plant for review and inspection within 20 days after the § 192.367 Service lines: General requirements for connections to main 1. The authority citation for part 193 change is made. piping. is revised to read as follows: * * * * * 5. Section 193.2321 is amended by (a) Location. Each service line Authority: 49 U.S.C. 5103, 60102, 60103, revising paragraph (a) to read as follows: connection to a main must be located at 60104, 60108, 60109, 60110, 60113, 60118; and 49 CFR 1.53. the top of the main or, if that is not § 193.2321 Nondestructive tests. practical, at the side of the main, unless 2. Section 193.2001 is amended by (a) The following percentages of each a suitable protective device is installed revising paragraph (a) to read as follows: day’s circumferentially welded pipe to minimize the possibility of dust and joints for hazardous fluid piping, § 193.2001 Scope of part. moisture being carried from the main selected at random, must be into the service line. (a) This part prescribes safety nondestructively tested over the entire * * * * * standards for LNG facilities used in the circumference to indicate any defects 6. Section 192.511 is amended by transportation of gas by pipeline that is which could adversely affect the revising paragraph (a) to read as follows: subject to the pipeline safety laws (49 integrity of the weld or pipe:

Cryogenic Weld type piping Other Test method

Butt welds more than 2 inches in nominal size ...... 100 30 Radiographic or ultrasonic. Butt welds 2 inches or less in nominal size ...... 100 30 Radiographic, ultrasonic, liquid penetrant or magnetic particle. Fillet and socket welds ...... 100 30 Liquid penetrant or magnetic particle.

* * * * * § 193.2515 Investigation of failures. investigates an incident, the operator 6. Section 193.2515 is amended by * * * * * involved shall make available all revising paragraph (c) to read as follows: (c) If the Administrator or relevant relevant information and provide state agency under the pipeline safety reasonable assistance in conducting the laws (49 U.S.C. 60101 et seq.) investigation. Unless necessary to 18518 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Rules and Regulations restore or maintain service, or for safety, PART 198Ð[AMENDED] § 198.37 State one-call damage prevention no component involved in the incident program. may be moved from its location or 1. The authority citation for part 198 * * * * * otherwise altered until the investigation is revised to read as follows: (e) Except with respect to interstate is complete or the investigating agency Authority: 49 U.S.C. 60105, 60106, 60114; transmission facilities as defined in the otherwise provides. Where components and 49 CFR 1.53. pipeline safety laws (49 U.S.C. 60101 et must be moved for operational or safety seq.), operators of underground pipeline 2. Section 198.3 is amended by reasons, they must not be removed from facilities must be required to participate revising the definition for Underground the plant site and must be maintained in the one-call notification systems that pipeline facilities to read as follows: intact to the extent practicable until the cover the areas of the State in which investigation is complete or the * * * * * those pipeline facilities are located. investigating agency otherwise provides. Underground pipeline facilities means * * * * * buried pipeline facilities used in the PART 195Ð[AMENDED] (h) Operators of underground pipeline transportation of gas or hazardous liquid facilities (other than operators of 1. The authority citation for part 195 subject to the pipeline safety laws (49 interstate transmission facilities as is revised to read as follows: U.S.C. 60101 et seq.). defined in the pipeline safety laws (49 Authority: 49 U.S.C. 5103, 60102, 60104, * * * * * U.S.C. 60101 et seq.), and interstate 60108, 60109, 60118; and 49 CFR 1.53. 3. Section 198.11 is revised to read as pipelines as defined in § 195.2 of this follows: 2. Section 195.58 is revised to read as chapter), excavators and persons who operate one-call notification systems follows: § 198.11 Grant authority. who violate the applicable requirements § 195.58 Address for written reports. The pipeline safety laws (49 U.S.C. of this subpart must be subject to civil Each written report required by this 60101 et seq.) authorize the penalties and injunctive relief that are subpart must be made to the Administrator to pay out funds substantially the same as are provided Information Resources Manager, Office appropriated or otherwise make under the pipeline safety laws (49 of Pipeline Safety, Research and Special available up to 50 percent of the cost of U.S.C. 60101 et seq.). Programs Administration, U.S. the personnel, equipment, and activities Department of Transportation, Room reasonably required for each state PART 199Ð[AMENDED] 2335, 400 Seventh Street SW., agency to carry out a safety program for intrastate pipeline facilities under a 1. The authority citation for part 199 Washington DC 20590. However, is revised to read as follows: accident reports for intrastate pipelines certification or agreement with the subject to the jurisdiction of a State Administrator or to act as an agent of Authority: 49 U.S.C. 5103, 60102, 60103, agency pursuant to a certification under the Administrator with respect to 60104, 60108, 60109, 60118; and 49 CFR the pipeline safety laws (49 U.S.C. interstate pipeline facilities. 1.53. 60101 et seq.) may be submitted in 4. Section 198.31 is revised to read as 2. Section 199.3 is amended by duplicate to that State agency if the follows: revising the definition for Administrator regulations of that agency require and the definition for State agency to submission of these reports and provide § 198.31 Scope. read as follows: for further transmittal of one copy This subpart implements parts of the within 10 days of receipt to the pipeline safety laws (49 U.S.C. 60101 et § 199.3 Definitions. Information Resources Manager. Safety- seq.), which direct the Secretary to * * * * * related condition reports required by require each State to adopt a one-call Administrator means the § 195.55 for intrastate pipelines must be damage prevention program as a Administrator of the Research and submitted concurrently to the State condition to receiving a full grant-in-aid Special Programs Administration or any agency, and if that agency acts as an for its pipeline safety compliance person to whom authority in the matter agent of the Secretary with respect to program. concerned has been delegated by the interstate pipelines, safety-related 5. Section 198.35 is revised to read as Secretary of Transportation. condition reports for these pipelines follows: * * * * * must be submitted concurrently to that State agency means an agency of any agency. § 198.35 Grants conditioned on adoption of one-call damage prevention program. of the several states, the District of Columbia, or Puerto Rico that § 195.402 [Amended] In allocating grants to State agencies participates under the pipeline safety 3. Section 195.402 is amended by under section 5 of the Natural Gas laws (49 U.S.C. 60101 et seq.) revising paragraph (b) to read as follows: Pipeline Safety Act of 1968 (49 App. 3. Section 199.7 is amended by * * * * * U.S.C. 1674) and under section 205 of revising paragraph (b) to read as follows: (b) The Administrator or the State the Hazardous Liquid Pipeline Safety Agency that has submitted a current Act of 1979 (49 App. U.S.C. 2004), the § 199.7 Anti-drug plan. certification under the pipeline safety Secretary considers whether a State has * * * * * laws (49 U.S.C. 60101 et seq.) with adopted or is seeking to adopt a one-call (b) The Administrator or the State respect to the pipeline facility governed damage prevention program in Agency that has submitted a current by an operator’s plans and procedures accordance with § 198.37. If a State has certification under the pipeline safety may, after notice and opportunity for not adopted or is not seeking to adopt laws (49 U.S.C. 60101 et seq.) with hearing as provided in 49 CFR 190.237 such program, the State agency may not respect to the pipeline facility governed or the relevant State procedures, require receive the full reimbursement to which by an operator’s plans and procedures the operator to amend its plans and it would otherwise be entitled. may, after notice and opportunity for procedures as necessary to provide a 6. Section 198.37 is amended by hearing as provided in 49 CFR 190.237 reasonable level of safety. revising paragraphs (e) and (h) to read or the relevant State procedures, require * * * * * as follows: the operator to amend its plans and Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Rules and Regulations 18519 procedures as necessary to provide a reasonable level of safety. § 199.205 [Amended] 4. Section 199.205 is amended by revising the definition for State agency to read as follows: * * * * * State agency means an agency of any of the several states, the District of Columbia, or Puerto Rico that participates under the pipeline safety laws (49 U.S.C. 60101 et seq.). * * * * * Issued in Washington, DC, on March 28, 1996. Rose A. McMurray, Acting Deputy Administrator, Research and Special Programs Administration. [FR Doc. 96–10282 Filed 4–25–96; 8:45 am] BILLING CODE 4910±60±P 18520

Proposed Rules Federal Register Vol. 61, No. 82

Friday, April 26, 1996

This section of the FEDERAL REGISTER p.m., Monday through Friday, except Assistant Chief Counsel, Attention: contains notices to the public of the proposed Federal holidays. Rules Docket No. 95–ANE–30, 12 New issuance of rules and regulations. The The service information referenced in England Executive Park, Burlington, MA purpose of these notices is to give interested the proposed rule may be obtained from 01803–5299. persons an opportunity to participate in the Hartzell Propeller Inc., One Propeller rule making prior to the adoption of the final Discussion Place, Piqua, OH 45356–2634. This rules. information may be examined at the The Federal Aviation Administration FAA, New England Region, Office of the (FAA) has received reports of two hub DEPARTMENT OF TRANSPORTATION Assistant Chief Counsel, 12 New failures and one crack indication that England Executive Park, Burlington, occurred on Hartzell Propeller Inc. Federal Aviation Administration MA. (Hartzell) HC–B4TN–5(D,G,J)L/ FOR FURTHER INFORMATION CONTACT: LT10282(B,K)–5.3R and HC–B4TN– 14 CFR Part 39 Tomaso DiPaolo, Aerospace Engineer, 5(D,G,J)L/LT10282N(B,K)–5.3R Chicago Aircraft Certification Office, propellers installed on Mitsubishi MU– [Docket No. 95±ANE±30] FAA, Small Airplane Directorate, 2300 2B–60 aircraft. This airworthiness East Devon Ave., Des Plaines, IL 60018; directive (AD) action is prompted by Airworthiness Directives; Hartzell telephone (847) 294–7031, fax (847) those reports and the similarity of Propeller Inc. HC±A3V, HC±B3M, HC± 294–7834. construction and load transfer paths B3T, HC±B4M, HC±B4T, and HC±B5M between the Hartzell propeller models Series Propellers SUPPLEMENTARY INFORMATION: installed on the Mitsubishi MU– 2B–60 Comments Invited aircraft and other Hartzell 3-, 4-, and 5- AGENCY: Federal Aviation bladed steel hub propeller model Administration, DOT. Interested persons are invited to installations. This condition, if not participate in the making of the ACTION: Notice of proposed rulemaking corrected, could result in hub failure, (NPRM). proposed rule by submitting such which can result in loss of aircraft written data, views, or arguments as control. SUMMARY: This document proposes the they may desire. Communications The FAA has determined that the adoption of a new airworthiness should identify the Rules Docket most effective way to address all hub directive (AD) that is applicable to number and be submitted in triplicate to strength concerns is to require propeller Hartzell Propeller Inc. (Hartzell) HC– the address specified above. All hub replacement. The following are A3V, HC–B3M, HC–B3T, HC–B4M, HC– communications received on or before some of the benefits of a replacement B4T, and HC–B5M series propellers. the closing date for comments, specified program: This proposal would require hub above, will be considered before taking 1. Improved propeller hub metallurgy; replacement over a 10-year time period action on the proposed rule. The 2. Elimination of any surface with a concurrent blade and blade proposals contained in this notice may decarburization in the pilot tube bore; clamp inspection. This proposal is be changed in light of the comments 3. Introduction of compressive prompted by reports of two propeller received. residual stress in the pilot tube bore; hub failures and one crack indication Comments are specifically invited on 4. Improved corrosion protection in that occurred on Mitsubishi MU–2B–60 the overall regulatory, economic, the pilot tube bore; aircraft, the similarity of construction environmental, and energy aspects of 5. Improved surface finish in the pilot and load transfer paths between the the proposed rule. All comments tube bore. Hartzell propeller models installed on submitted will be available, both before Additionally, the referenced propeller the Mitsubishi MU–2 aircraft and and after the closing date for comments, models have been involved in several Hartzell’s 3-, 4-, and 5-bladed steel hub in the Rules Docket for examination by incidents of blade shank failures and propeller models, several blade shank interested persons. A report have been reported to have cracks in the failures, and reports of cracks in blade summarizing each FAA-public contact blade clamps. These conditions, if not clamps. The actions specified by the concerned with the substance of this corrected, could result in blade or blade proposed AD are intended to prevent proposal will be filed in the Rules clamp failure, which can result in loss propeller hub, blade, or blade clamp Docket. of aircraft control. Therefore, the FAA failure, which can result in loss of Commenters wishing the FAA to has determined that a concurrent aircraft control. acknowledge receipt of their comments inspection of the blades and blade submitted in response to this notice clamps at the time of hub replacement DATES: Comments must be received by must submit a self-addressed, stamped is necessary to detect cracks in either June 25, 1996. postcard on which the following component. ADDRESSES: Submit comments in statement is made: ‘‘Comments to The FAA has issued previous AD’s to triplicate to the Federal Aviation Docket Number 95–ANE–30.’’ The address a similar condition for specific Administration (FAA), New England postcard will be date stamped and propeller models and aircraft Region, Office of the Assistant Chief returned to the commenter. combinations. This AD, however, Counsel, Attention: Rules Docket No. addresses a broader population. 95–ANE–30, 12 New England Executive Availability of NPRMs Airworthiness directive 95–01–02 is Park, Burlington, MA 01803–5299. Any person may obtain a copy of this applicable to Hartzell propeller models Comments may be inspected at this NPRM by submitting a request to the HC–B4TN–5(D,G,J)L/LT10282(B,K)– location between 8:00 a.m. and 4:30 FAA, New England Region, Office of the 5.3R, HC–B4TN–5(D,G,J)L/ Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Proposed Rules 18521

LT10282N(B,K)–5.3R, and HC–B4TN– service documents described PART 39ÐAIRWORTHINESS 5(D,G,J)L/LT10282NS(B,K)–5.3R previously. DIRECTIVES installed on Mitsubishi MU–2B– 26A, There are approximately 24,320 –36A, –40, –60; MU–2B–30 modified by 1. The authority citation for part 39 propellers of the affected design in the continues to read as follows: Supplemental Type Certificate (STC) worldwide fleet. The FAA estimates that Authority: 49 U.S.C. 106(g), 40113, 44701. SA336GL–D & SA339GL–D; MU–2B–36 50% of the subject propellers are Modified by STC SA2413SW and any installed on aircraft of U.S. registry and § 39.13 [Amended] other MU–2 Series aircraft which have that 75% will have the work done the referenced propeller models 2. Section 39.13 is amended by during normally scheduled propeller installed. Airworthiness directive 95– adding the following new airworthiness 03–03 is applicable to Hartzell propeller maintenance. For those who accomplish directive: models HC–B4TN–3/T10173F(N)(B,K)– the AD action during normal propeller Hartzell Propeller Inc.: Docket No. 95–ANE– 12.5 and HC–B4TN– 3A/ maintenance, the parts cost will average 30. T10173F(N)(B,K)–12.5 installed on $1,955 with no additional labor. For Applicability: Hartzell Propeller Inc. Beech A100 and A100A aircraft. those who accomplish the AD action by (Hartzell) Models HC–A3VF–7( ), HC–B3TF– Operators of the referenced propellers itself, the parts cost will average $2,174, 7( ), HC–B3MN–3( ), HC–B3TN–2( ), HC– B3TN–3( ), HC–B3TN–5 ( ), HC–B4MN–5( ), and aircraft combinations must refer to plus approximately 27 work hours per propeller at an average labor rate of $60 HC–B4MP–3( ), HC–B4TN–3( ), HC–B4TN–5( the previous AD’s for required actions. ), HC–B5MA–3( ), HC–B5MP–3( ), HC– The FAA has reviewed and approved per work hour. Based on these figures, B5MP–5( ), HC–B3MN–5( ), HC–B3TN–4( ), the technical contents of Hartzell the total cost impact on U.S. operators HC–B4MP–4( ), and HC–B5MN–3( ) Propeller Inc. Manual 118F, Revision 2, is estimated to be $29,363,360. The cost propellers. These propellers are installed on dated May 1992, pages 15 to 19 and 57 will vary between the 3-, 4-, and 5- but not limited to the following aircraft: through 96, for 3- and 4-bladed hub bladed propeller configurations and the Aerospace Technologies of Australia PTY models, and Manual 132A, Revision 2, above data represents an average cost. LTD N22B, N24A, N22S; Air Tractor, Inc. AT–301, AT–302, AT–400, AT–400A, AT– dated June 1992, pages IV–5 to IV–11 The regulations proposed herein 401, AT–402, AT–502, AT–503, AT–802; and VII–1 to VII–46, for 5-bladed hub would not have substantial direct effects Agusta S.p.A. SF600, F.260; models, that describe procedures for on the States, on the relationship Ayres Corporation S–2R, S2R–T11, S2R–T15, disassembling and reassembling the between the national government and S2R–T34, S2R–T56, S2RHG–T65; propeller with a new hub; Hartzell the States, or on the distribution of Beech A36, 65–90, 65–90A, C90, B90, E90, Propeller Inc. Service Manual 202A, C90A, F90, 100, 200, 200C, A200C, B200, power and responsibilities among the B200C, 200T, 200CT, A200CT, B200T, Revision 3, dated June 1995, pages 201 various levels of government. Therefore, through 215, that describes the magnetic B200CT, 65–80, 65–A90–1, 65–A90–2, 65– in accordance with Executive Order A90–4, 99, 99A, A99A, B99, A200, C99, particle inspection procedure for the 12612, it is determined that this H90, 300, 300LW, B300, B300C, 1900, propeller blade clamps; and Hartzell proposal would not have sufficient 1900C, T34C, T34C–1; Propeller Inc. Service Bulletin No. federalism implications to warrant the Cessna 208, 208A, 208B, 421, 425, 441, 402, 136H, dated March 12, 1993, that preparation of a Federalism Assessment. P210N; describes inspection procedures for the Construcciones Aeronauticas, S.A. (CASA) propeller blade bearing bores. For the reasons discussed above, I C–212–CB, –CC, –CE, –CF; Since an unsafe condition has been certify that this proposed regulation (1) deHavilland Aircraft Co., Ltd. D.H.114; deHavilland Inc. DHC–2, DHC–3, DHC–4; identified that is likely to exist or is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not DHC–6, 1, 100, 200, 300; develop on other products of this same Empresa Brasileira de Aeronautica S/A type design, the proposed AD would a ‘‘significant rule’’ under the DOT Embraer EMB–110P1, EMB–110P2; require, over a 10-year time period, Regulatory Policies and Procedures (44 Fairchild Aircraft, Inc. SA26–AT, –T; propeller hub replacement with a FR 11034, February 26, 1979); and (3) if SA226–AT, –TB; concurrent blade and blade clamp promulgated, will not have a significant Frakes Aviation (Gulfstream American ) G– inspection for Hartzell Propeller Inc. economic impact, positive or negative, 73; Models HC–A3VF–7 ( ), HC–B3TF–7( ), on a substantial number of small entities Great Lakes Aircraft Co. 2T–1A; Helio HST–550, HST–550A; HC–B3MN–3( ), HC–B3TN–2( ), HC– under the criteria of the Regulatory Industrie Aeronautiche e Meccaniche Piaggio B3TN–3( ), HC–B3TN–5 ( ), HC–B4MN– Flexibility Act. A copy of the draft P.166DL3; 5( ), HC–B4MP–3( ), HC–B4TN–3( ), regulatory evaluation prepared for this Israel Aircraft Industries, Ltd. Arava 101, HC–B4TN–5( ), HC–B5MA–3( ), HC– action is contained in the Rules Docket. 101B; B5MP–3( ), HC–B5MP–5( ), HC–B3MN– A copy of it may be obtained by McDonnell Douglas DC–3 series; 5( ), HC– B3TN–4( ), HC–B4MP–4( ), contacting the Rules Docket at the McKinnon Enterprises, Inc. (Grumman) G– and HC–B5MN–3( ) propellers. This location provided under the caption 21E, G21–G; Mitsubishi MU–2B series; propeller hub replacement program has ADDRESSES. been scheduled to require replacement Pacific Aerospace Corporation, Ltd. FU24– List of Subjects in 14 CFR Part 39 954, FU2A–954; of the most aged propeller hubs first. Partenavia Costruzioni Aeronautiche S.p.A. Additionally, the replacement program Air transportation, Aircraft, Aviation AP68TP 300, AP68TP 600; will accelerate the replacement of the 4 safety, Safety. Pilatus Aircraft Ltd. PC–6/A–H2, /B1–H2, and 5 blade propeller hubs, while still /B–H2, /B2–H2, /B2–H4, PC–7; replacing the 3 blade propeller hubs, The Proposed Amendment Piper Aircraft Corporation PA31–T1, –T2, with completion of the program in 10 –T3; PA31P; PA42, –42–720, –42–720R; years. Hartzell Propeller Inc. has Accordingly, pursuant to the Prop-Jets, Inc., Interceptor (Aero advised the FAA that they will provide authority delegated to me by the Commander) (Meyers) 400; Schweizer Aircraft Corp. (Grumman) G– new hubs at special prices for the Administrator, the Federal Aviation 164A, G–164B, G–164B–34T, –15T; G– duration of this AD program. The Administration proposes to amend part 164D; actions would be required to be 39 of the Federal Aviation Regulations Short Bros. Limited & Harland Ltd. SC–7 accomplished in accordance with the (14 CFR part 39) as follows: series, SD3 series; 18522 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Proposed Rules

Twin Commander Aircraft Corp. 680T, V, action, if the current configuration eliminates 1992, pages IV–5 to IV–11, for 5-bladed hub 681, 690A, 690B, 690C, 695, 695A; the unsafe condition, or different actions models, remove the hub from service, and Weatherly Aviation Company 620TP. necessary to address the unsafe condition replace the hub with a serviceable hub in Note 1: The parenthesis that appear in the described in this AD. Such a request should accordance with the compliance schedule in propeller models indicate the presence or include an assessment of the effect of the Table 1 of this AD. absence of additional letter(s) which vary the changed configuration on the unsafe (1) Utilize Table 1 of this AD in accordance condition addressed by this AD. In no case basic propeller hub model designation. This with the following example: Model HC– airworthiness directive (AD) is applicable does the presence of any modification, alteration, or repair remove any propeller B3TN–3( ) series propellers, starting with regardless of whether these letters are present serial numbers (S/N’s) BU1 through BU377, or absent on the propeller hub model from the applicability of this AD. require replacement before the end of designation. Compliance: Required as indicated, unless Note 2: The above is not a complete list of accomplished previously. December of calendar year 1996. Serial aircraft which may contain the affected To prevent propeller hub, blade, or blade numbers BU378 through BU754 require hub Hartzell Propeller Inc. Models HC–A3VF–7 clamp failure, which can result in loss of replacement before the end of June of ( ), HC–B3TF–7( ), HC–B3MN–3( ), HC– aircraft control, accomplish the following: calendar year 1997, and so forth. B3TN–2( ), HC–B3TN–3( ), HC–3TN–5( ), (a) This AD requires no action for operators (2) The affected hubs can only be replaced HC–B4MN–5( ), HC–B4MP–3( ), HC–B4TN– with Hartzell propeller models HC–B4TN– with serviceable hubs having a S/N not listed 3( ), HC–B4TN–5( ), HC–B5MA–3( ), HC– 5(D,G,J)L/LT10282(B,K)–5.3R, HC–B4TN– in Table 1 of this AD for that propeller B5MP–3( ), HC–B5MP–5( ), HC–B3MN–5( ), 5(D,G,J)L/LT10282N(B,K)–5.3R, and HC– model, or serviceable hubs having a S/N for HC–B3TN–4( ), HC–B4MP–4( ), and HC– B4TN–5(D,G,J)L/LT10282NS(B,K)–5.3R which replacement is not yet required in B5MN–3( ) propellers because of installation installed on Mitsubishi MU–2B– 26A, –36A, accordance with Table 1 of this AD. approvals made by, for example, –40, –60; MU–2B–30 modified by (3) Some existing propeller hub S/N’s Supplemental Type Certificate or field Supplemental Type Certificate (STC) include a suffix letter, such as an ‘‘A.’’ The approval under FAA Form 337 ‘‘Major Repair SA336GL–D & SA339GL–D; MU–2B–36 presence or absence of this letter has no and Alteration.’’ It is the responsibility of the Modified by STC SA2413SW and any other owner, operator, and person returning the MU–2 Series aircraft which have the significance in determining compliance. aircraft to service to determine if an aircraft referenced propeller models installed. These (4) Since a hub may be used in various has an affected propeller. operators must, however, comply with AD propeller models, the S/N and the model Note 3: This AD applies to each propeller 95–01–02. number shown in Table 1 of this AD may not identified in the preceding applicability (b) This AD requires no action for operators coincide. Precedence is given to the hub S/ provision, regardless of whether it has been with Hartzell propeller models HC–B4TN–3/ N in determining compliance requirements. modified, altered, or repaired in the area T10173F(N)(B,K)–12.5 and HC–B4TN–3A/ The hub model is only given as a reference. subject to the requirements of this AD. For T10173F(N)(B,K)–12.5 installed on Beech (5) Hub replacement must be accomplished propellers that have been modified, altered, A100 and A100A aircraft. These operators by the end of the calendar month indicated or repaired so that the performance of the must, however, comply with AD 95–03–03. at the top of the appropriate column in Table requirements of this AD is affected, the (c) Disassemble the propeller in accordance 1 of this AD. The S/N ranges in this table owner/operator must use the authority with Hartzell Propeller Inc. Service Manual identify the propeller hubs that require provided in paragraph (h) to request approval 118F, Revision 2, dated May 1992, pages 15 replacement by the end of that month. from the Federal Aviation Administration to 19, for 3- and 4-bladed hub models, and (FAA). This approval may address either no Service Manual 132A, Revision 2, dated June BILLING CODE 4190±13±P Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Proposed Rules 18523

Table 1

BILLING CODE 4910±13±C 18524 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Proposed Rules

(d) Perform a fluorescent penetrant directive (AD), which would have number and be submitted in triplicate to inspection of blades for cracks in accordance superseded AD 93–19–06. That AD the address specified above. All with Hartzell Propeller Inc. Service Bulletin currently requires repetitively communications received on or before 136H, dated March 12, 1993, prior to inspecting acrylic cabin and cockpit the closing date for comments, specified installing a serviceable hub. (e) Perform magnetic particle inspection of side windows for cracks on certain above, will be considered before taking blade clamps for cracks in accordance with Fairchild Aircraft SA26, SA226, and action on the proposed rule. The Hartzell Service Manual 202A, Revision 3, SA227 series airplanes, and, if cracks proposals contained in this notice may dated June 1995, pages 201 to 215, prior to are found that exceed certain be changed in light of the comments installing a serviceable hub. limitations, replacing that window. The received. (f) If cracks are found in either the blade previous document included the Comments are specifically invited on or the blade clamps, prior to further flight following: the proposed requirement of replace with serviceable blade or blade the overall regulatory, economic, modifying certain cockpit side environmental, and energy aspects of clamps. windows; more fully-defined crack (g) Reassemble the propeller in accordance the proposed rule. All comments limitations; and more clear repetitive with Hartzell Propeller Inc. Service Manual submitted will be available, both before inspection intervals for the affected 118F, Revision 2, dated May 1992, pages 57 and after the closing date for comments, airplanes over those included in AD 93– through 96, for 3- and 4-bladed hub models, in the Rules Docket for examination by 19–06. Comments received regarding and Service Manual 132A, Revision 2, dated interested persons. A report that the NPRM have prompted the Federal June 1992, pages VII–1 to –46, for 5-blade summarizes each FAA-public contact hub models. Aviation Administration to change the concerned with the substance of this (h) An alternative method of compliance or proposal and allow the public a further proposal will be filed in the Rules adjustment of the compliance time that opportunity to participate in the Docket. provides an acceptable level of safety may be rulemaking process. The actions used if approved by the Manager, Chicago specified by the proposed AD are Commenters wishing the FAA to Aircraft Certification Office. The request intended to prevent acrylic cabin or acknowledge receipt of their comments should be forwarded through an appropriate submitted in response to this notice FAA Principal Maintenance Inspector, who cockpit side window failures, which, if may add comments and then send it to the not detected and corrected, could result must submit a self-addressed, stamped Manager, Chicago Aircraft Certification in airframe damage and decompression postcard on which the following Office. injuries. statement is made: ‘‘Comments to Note: Information concerning the existence DATES: Comments must be received on Docket No. 94–CE–22–AD.’’ The of approved alternative methods of or before June 24, 1996. postcard will be date stamped and compliance with this airworthiness directive, ADDRESSES: Submit comments in returned to the commenter. if any, may be obtained from the Chicago triplicate to the Federal Aviation Aircraft Certification Office. Availability of Supplemental NPRM Administration (FAA), Central Region, (i) Special flight permits may be issued in Office of the Assistant Chief Counsel, Any person may obtain a copy of this accordance with sections 21.197 and 21.199 supplemental NPRM by submitting a of the Federal Aviation Regulations (14 CFR Attention: Rules Docket No. 94–CE–22– 21.197 and 21.199) to operate the aircraft to AD, Room 1558, 601 E. 12th Street, request to the FAA, Central Region, a location where the requirements of this AD Kansas City, Missouri 64106. Comments Office of the Assistant Chief Counsel, can be accomplished. may be inspected at this location Attention: Rules Docket No. 94–CE–22– Issued in Burlington, Massachusetts, on between 8 a.m. and 4 p.m., Monday AD, Room 1558, 601 E. 12th Street, April 16, 1996. through Friday, holidays excepted. Kansas City, Missouri 64106. Service information that applies to the Jay J. Pardee, Discussion Manager, Engine and Propeller Directorate, proposed AD may be obtained from Aircraft Certification Service. Fairchild Aircraft, P.O. Box 790490, San A proposal to amend part 39 of the [FR Doc. 96–10060 Filed 4–25–96; 8:45 am] Antonio, Texas 78279–0490; telephone Federal Aviation Regulations (14 CFR (210) 824–9421. This information also BILLING CODE 4910±13±P part 39) to include an AD that would may be examined at the Rules Docket at apply to certain Fairchild Aircraft SA26, the address above. SA226, and SA227 series airplanes was 14 CFR Part 39 FOR FURTHER INFORMATION CONTACT: published in the Federal Register on Mr. Hung Viet Nguyen, Aerospace February 21, 1995 (60 FR 9649). The [Docket No. 94±CE±22±AD] Engineer, FAA, Airplane Certification action proposed to supersede AD 93– RIN 2120±AA64 Office, 2601 Meacham Boulevard, Fort 19–06 with a new AD that would Worth, Texas 76193–0150; telephone maintain the requirement of repetitively Airworthiness Directives; Fairchild (817) 222–5155; facsimile (817) 222– inspecting acrylic cabin and cockpit Aircraft SA26, SA226, and SA227 5960. side windows for cracks, and replacing Series Airplanes SUPPLEMENTARY INFORMATION: any window where cracks are found AGENCY: that exceed certain limitations. That Federal Aviation Comments Invited Administration, DOT. NPRM proposed to require modifying ACTION: Supplemental notice of Interested persons are invited to windows that do not have inner proposed rulemaking (NPRM); participate in the making of the window panes installed. Reopening of the comment period. proposed rule by submitting such Accomplishment of the modification written data, views, or arguments as proposed in the NPRM would be in SUMMARY: This document proposes to they may desire. Communications accordance with the following service revise an earlier proposed airworthiness should identify the Rules Docket bulletins (SB), as applicable:

Page No. Date

Fairchild SB 26±56±10±045, which incorporates the following pages and revision levels: 3, 4, 5, and 9 ...... Revised: December 1, 1994. Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Proposed Rules 18525

Page No. Date

1, 2, 6, 7, 8, and 10 through 14 ...... Issued: August 11, 1994. Fairchild SB 226±56±005, which incorporates the following pages and revision levels: 3 through 7, and 9 ...... Revised: December 1, 1994. 1, 2, and 8 ...... Revised: August 11, 1994. 10 through 16 ...... Issued: July 31, 1991. and Fairchild SB 227±56±005, which incorporates the following pages and revision levels: 3 through 7, and 9 ...... Revised: December 1, 1994. 1, 2, and 8 ...... Revised: August 11, 1994. 10 through 16 ...... Issued: July 31, 1991.

Accomplishment of the repetitive window modification, these comments window installation would be in inspections proposed in the NPRM no longer apply to the rule as now accordance with the applicable would be in accordance with the proposed. maintenance manual. The proposed following SB’s, as applicable: Seven commenters state that the FAA inspections would continue to be Fairchild SB 26–56–20–042, Issued: miscalculated the economic impact of accomplished in accordance with the November 28, 1988; Revised: the AD upon the operators, specifically service bulletins previously referenced. February 7, 1991. that the 14 hours proposed to The compliance time for the proposed Fairchild SB 226–56–001, Issued: accomplish the modification is closer to AD is presented in both hours time-in- February 2, 1983; Revised: November 50 workhours for each side or 100 service (TIS) and calendar time. The 26, 1991. workhours per airplane. The FAA referenced acrylic cabin and cockpit Fairchild SB 227–56–001, Issued: concurs that it miscalculated the side windows are affected whether the economic impact and agrees that the February 2, 1983; Revised: November airplane is in flight or on the ground. In proposed modification would take 26, 1991. addition, the utilization rates of the approximately 100 workhours per Fairchild SB 226–56–002, Issued: March affected airplanes vary among operators. airplane (50 workhours each side). 3, 1983; Revised: May 29, 1992. For example, operators in unscheduled Fairchild SB 227–56–002, Issued: However, since the proposal is being service utilize their airplanes an average January 5, 1984; Revised: May 29, revised to incorporate a life limit on the of approximately 200 to 300 hours TIS 1992, and April 1, 1993. single-pane windows and since annually, while those in commuter Fairchild SB 226–56–003, Issued: mandatory dual-pane modification is no service (scheduled) utilize their September 13, 1984; Revised: longer proposed, the economic portion airplanes an average of approximately November 2, 1989. to the preamble of this proposal has 2,000 hours TIS annually. Based on this Fairchild SB 227–56–003, Issued: been adjusted to reflect the single-pane wide utilization rate variance and the September 13, 1984; Revised: installation costs instead of the double fact that these windows are affected November 2, 1989. pane modification costs. Fairchild SB 26–56–10–038, Issued: After examining the circumstances when the airplane is in flight and on the October 8, 1984; Revised: February 7, and reviewing all available information ground, the FAA has determined that 1991. related to the subject described above the compliance time for the proposed Interested persons have been afforded including the comments received, the rule should be in hours TIS and an opportunity to participate in the FAA has determined that the NPRM calendar time. making of this amendment. After should be revised and that AD action The FAA estimates that 633 airplanes reviewing all the comments received on should still be taken to prevent acrylic in the U.S. registry would be affected by the NPRM, the FAA is revising the cabin or cockpit side window failures, the proposed AD, that it would take proposal to eliminate the proposed which, if not detected and corrected, approximately 28 workhours per dual-pane cockpit side window could result in airframe damage and airplane (14 workhours per window) to modification, and is proposing decompression injuries. accomplish the proposed life limit repetitive single-pane cockpit side Since this revision of the NPRM to installation and that the average labor window replacements (every 5,000 add a life limit for the single-pane rate is approximately $60 an hour. Parts hours time-in-service). The repetitive cockpit side windows proposes actions cost approximately $2,200 per airplane inspections would remain as originally that go beyond the scope of what was ($1,100 per window). Based on these proposed. Due consideration has been already proposed, the FAA is reopening figures, the total cost impact of the given to the comments that follow. the comment period to allow the public proposed AD on U.S. operators is Fifteen comments were received in additional time to comment on this estimated to be $2,456,040. AD 93–19– reference to the dual-pane cockpit side proposed action. 06 currently requires the same window modification. These comments Since an unsafe condition has been inspections as the proposed AD for all present the view that the compliance identified that is likely to exist or of the affected airplanes. Therefore, the times for the modification are develop in other Fairchild Aircraft cost impact of the proposed inspections unrealistic, that there is no justification SA26, SA226, and SA227 series (3 workhours × $60 × 633 airplanes = for the FAA to mandate the dual-pane airplanes of the same type design, the $113,940) for operators of all affected modification, and that a new improved proposed AD would supersede AD 93– airplanes is the same as AD 93–19–06. cockpit side window defogging system 19–06 with a new AD that would The figure does not take into account should be developed instead of the maintain the requirement of repetitively the cost of repetitive inspections. The modification. Since the FAA has revised inspecting the cabin and cockpit side FAA has no way of determining how the NPRM to include repetitive single- windows, and would add a life limit for many repetitive inspections each pane cockpit side window replacements the single-pane cockpit side windows. owner/operator may incur over the life instead of the dual-pane cockpit side Accomplishment of the single-pane of the airplane. 18526 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Proposed Rules

In addition, Fairchild Aircraft has List of Subjects in 14 CFR Part 39 AD, and, if the unsafe condition has not been informed the FAA that approximately eliminated, the request should include Air transportation, Aircraft, Aviation specific proposed actions to address it. 250 of the 633 affected airplanes are safety, Safety. equipped with cockpit side windows Note 2: The applicability of this AD takes The Proposed Amendment precedence over that specified in the service with inner window panes, and therefore information. are not subject to the single-pane Accordingly, pursuant to the Compliance: Required as indicated in the authority delegated to me by the window replacements (dual-pane body of the AD, unless already windows would still be subject to Administrator, the Federal Aviation accomplished. repetitive inspections). With this in Administration proposes to amend part To prevent acrylic cabin or cockpit side mind, the proposed cost impact upon 39 of the Federal Aviation Regulations window failures, which, if not detected and U.S. operators would be reduced (14 CFR part 39) as follows: corrected, could result in airframe damage approximately $970,000 from and decompression injuries, accomplish the PART 39ÐAIRWORTHINESS $2,456,040 to $1,486,040. following: DIRECTIVES Note 3: The paragraph structure of this AD The regulations proposed herein is as follows: would not have substantial direct effects 1. The authority citation for part 39 continues to read as follows: Level 1: (a), (b), (c), etc. on the States, on the relationship Level 2: (1), (2), (3), etc. between the national government and Authority: 49 U.S.C. 106(g), 40113, 44701. Level 3: (i), (ii), (iii), etc. the States, or on the distribution of § 39.13 [Amended] Level 4: (A), (B), (C), etc. power and responsibilities among the Level 2, Level 3, and Level 4 structures are various levels of government. Therefore, 2. Section 39.13 is amended by removing Airworthiness Directive (AD) designations of the Level 1 paragraph they in accordance with Executive Order immediately follow. 93–19–06, Amendment 39–8705 (58 FR 12612, it is determined that this (a) Upon the accumulation of 5,000 hours 51771, October 5, 1993), and by adding proposal would not have sufficient time-in-service (TIS) or within the next 1,000 a new AD to read as follows: federalism implications to warrant the hours TIS after the effective date of this AD, preparation of a Federalism Assessment. Fairchild Aircraft: Docket No. 94–CE–22– whichever occurs later, and thereafter at AD. Supersedes AD 93–19–06, intervals not to exceed 5,000 hours TIS, For the reasons discussed above, I Amendment 39–8705. replace each single-pane cockpit side certify that this action (1) is not a Applicability: Models SA26–T, SA26–AT, window with a new window of like design ‘‘significant regulatory action’’ under SA226–T, SA226–T(B), SA226–AT, SA226– in accordance with the applicable Executive Order 12866; (2) is not a TC, SA227–AT, SA227–AC, SA227–BC, and maintenance manual. ‘‘significant rule’’ under DOT SA227–TT airplanes (all serial numbers for (1) Accomplish the inspection specified in paragraph (b) of this AD between 10 to 20 Regulatory Policies and Procedures (44 all models), certificated in any category. Note 1: This AD applies to each airplane hours TIS after replacing each window to FR 11034, February 26, 1979); and (3) if ensure that no damage has occurred after promulgated, will not have a significant identified in the preceding applicability provision, regardless of whether it has been installation; and economic impact, positive or negative, modified, altered, or repaired in the area (2) If cracks are found, utilize the chart in on a substantial number of small entities subject to the requirements of this AD. For paragraph (b) of this AD to determine the under the criteria of the Regulatory airplanes that have been modified, altered, or applicable action necessary. Flexibility Act. A copy of the draft repaired so that the performance of the (b) Visually inspect all acrylic single-pane regulatory evaluation prepared for this requirements of this AD is affected, the cockpit side windows for cracks in action has been placed in the Rules owner/operator must request approval for an accordance with the service information alternative method of compliance in presented in paragraph (d)(2) of this AD, as Docket. A copy of it may be obtained by accordance with paragraph (f) of this AD. The applicable. Accomplish the initial contacting the Rules Docket at the request should include an assessment of the inspection, and applicable reinspection or location provided under the caption effect of the modification, alteration, or repair replacement as specified in the following ADDRESSES. on the unsafe condition addressed by this chart:

Condition Initial action Repetitive action

Upon the effectiveness of this AD Inspect at 150 hours TIS after the Reinspect at intervals not to exceed 1,000 hours TIS or 12 calender effective date of the AD. months, whichever occurs first, provided no cracks are found. Use applicable condition column entry to determine compliance times if cracks are found. If cracks are found where the sum Accomplish one of the following: ... Accomplish the corresponding repetitive action: total of all cracks is less than 4.3 inches in combined length, but where a crack meets or exceeds .30 inches as specified in the Crack Limitations section of the service information referenced in paragraph (d)(2) of this AD. 1. Prior to further flight, replace the 1. Reinspect initially between 10 and 20 hours TIS after replacing the window with a new window of window to ensure that no damage has occurred after installation, like design in accordance with and thereafter at intervals not to exceed 1,000 hours TIS or 12 cal- the applicable maintenance endar months, whichever occurs first, provided no cracks are found. manual or. Use applicable condition column entry to determine compliance times if cracks are found or Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Proposed Rules 18527

Condition Initial action Repetitive action

2. Prior to further flight, fabricate a 2. Repeat the inspection specified in paragraph (b) of this AD at inter- placard with the following words vals not to exceed 25 hours TIS or 30 calendar days, and which- in letters at least 0.10-inch in ever occurs first, provided the sum total of all cracks does the not height and install this placard exceed 4.3 inches in combined length. Replace the window and within the pilot's clear view close continue the actions necessary under the ``With cracks found where to the pressurization controls: the sum total of all cracks meets or exceeds 4.3 inches in com- ``AIRPLANE MUST BE OPER- bined length'' condition column. ATED UNPRESSURIZED'', and prior to further flight, insert a copy of this AD into Limitations Section of the FAA-approved Airplane Flight Manual (AFM). If cracks are ound where the sum Prior to further flight, replace the Reinspect initially between 10 and 20 hours TIS after replacing the total of all cracks meets or ex- window with a new window of window to ensure that no damage has occurred after installation, ceeds 4.3 inches in combined like design in accordance with and thereafter at intervals not to exceed 1,000 hours TIS or 12 cal- length. applicable maintenance manual. endar months, whichever occurs first, provided no cracks are found. Use applicable condition column entry to determine compliance times if cracks are found. With cracks found that are less Reinspect within 25 hours TIS or Continue this reinspection at intervals not to exceed 25 hours TIS or than .30 inches (as specified in 30 calendar days, whichever oc- 30 calendar days, whichever occurs first, provided no crack is the applicable service informa- curs first. found that is .30 inches or greater or the combined length of all tion referenced in paragraph cracks exceeds 4.3 inches in combined length. Use applicable con- (d)(2) of this AD) provided the dition column entry to determine compliance times if any of these sum total of all cracks does not crack limits are met. exceed 4.3 inches in combined length. With no cracks found after one of Reinspect within 1,000 hours TIS Reinspect at intervals not to exceed 1,000 hours TIS or 12 calendar the inspections required by this and 12 calendar months after months, whichever occurs first, provided no cracks are found. Use AD. the last inspection, whichever applicable condition column entry to determine compliance times if occurs first. cracks are found.

(c) Visually inspect all acrylic cabin and specified in paragraphs (d)(1) and (d)(2) of and applicable reinspection or replacement dual-pane cockpit side windows for cracks in this AD. Accomplish the initial inspection as specified in the following chart: accordance with the service information

Condition Initial action Repetitive action

Upon the effectiveness of this AD Inspect at 150 hours TIS after the Reinspect at intervals not to exceed 1,000 hours TIS or 12 calender effective date of the AD, unless months, whichever occurs first, provided no cracks are found. Use already accomplished within the applicable condition column entry to determine compliance times if last 1,000 hours TIS or 12 cal- cracks are found. endar months, which would put airplane in compliance with su- perseded AD 93±19±06. Use the results of the previous in- spection under AD 93±19±06 to determine repetitive interval. For airplanes taking ``unless already accomplished'' credit for the ini- tial inspection, use the results of the previous inspection under AD 93±19±06 to determine the repetitive action. If cracks are found where the sum Accomplish one of the following: ... Accomplish the corresponding repetitive action: total of all cracks is less than 4.3 inches in combined length, but where a crack meets or exceeds .30 inches as specified in the Crack Limitations section of the service information referenced in paragraph (d)(2) of this AD. 1. Prior to further flight, replace the 1. Reinspect initially between 10 and 20 hours TIS after replacing the window with a new window of window to ensure that no damage has occurred after installation, like design in accordance with and thereafter at intervals not to exceed 1,000 hours TIS or 12 cal- the applicable maintenance endar months, whichever occurs first, provided no cracks are found. manual or. Use applicable condition column entry to determine compliance times if cracks are found or 18528 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Proposed Rules

Condition Initial action Repetitive action

2. Prior to further flight, fabricate a 2. Repeat the inspection specified in paragraph (b) of this AD at inter- placard with the following words vals not to exceed 25 hours TIS or 30 calendar days, whichever oc- in letters at least 0.10-inch in curs first, provided the sum total of all cracks does not exceed 4.3 height and install this placard inches in combined length. Replace the window and continue the within the pilot's clear view close actions necessary under the ``With cracks found where the sum to the pressurization controls: total of all cracks meets or exceeds 4.3 inches in combined length'' ``AIRPLANE MUST BE OPER- condition column. ATED UNPRESSURIZED'', and prior to further flight, insert a copy of this AD into the Limita- tions Section of the FAA-ap- proved Airplane Flight Manual (AFM). If cracks are found where the sum Prior to further flight, replace the Reinspect initially between 10 and 20 hours TIS after replacing the total of all cracks meets or ex- window with a new window of window to ensure that no damage has occurred after installation, ceeds 4.3 inches in combined like design in accordance with and thereafter at intervals not to exceed 1,000 hours TIS or 12 cal- length. the applicable maintenance endar months, whichever occurs first, provided no cracks are found. manual. Use applicable condition column entry to determine compliance times if cracks are found. With cracks found that are less Reinspect within 25 hours TIS or Continue this reinspection at intervals not to exceed 25 hours TIS or than .30 inches (as specified in 30 calendar days, whichever oc- 30 calendar days, whichever occurs first, provided no crack is the applicable service informa- curs first. found that is .30 inches or greater or the combined length of all tion referenced in paragraph cracks exceeds 4.3 inches in combined length. Use applicable con- (d)(2) of this AD) provided the dition column entry to determine compliance times if any of these sum total of all cracks does not crack limits are met. exceed 4.3 inches in combined length. With no cracks found after one of Reinspect within 1,000 hours TIS Reinspect at intervals not to exceed 1,000 hours TIS or 12 calendar the inspections required by this and 12 calendar months after months, whichever occurs first, provided no cracks are found. Use AD. the last inspection, whichever applicable condition column entry to determine compliance times if occurs first. cracks are found.

(d) The following specifies the service bulletins that contain the procedures to accomplish the required inspections:

Models Service bulletins

(1) For acrylic cabin windows: SA26±T and SA26±AT ...... 26±56±20±042, Issued: November 28, 1988, Revised: February 7, 1991. SA226±T and SA226±T(B) ...... 226±56±001, Issued: February 2, 1983, Revised: November 26, 1991. SA226±AT and SA226±TC ...... 226±56±002, Issued: March 3, 1983, Revised: May 29, 1992. SA227±AT, SA227±AC, and SA227±BC ...... 227±56±002, Issued: January 5, 1984, Revised: May 29, 1992, and April 1, 1993. SA227±TT ...... 227±56±001, Issued: February 2, 1983, Revised: November 26, 1991. (2) For acrylic cockpit side windows: SA26±T and SA26±AT ...... 26±56±10±038, Issued: October 8, 1984, Revised: February 7, 1991. SA226±T, SA226±T(B), SA226±AT, and SA226± 226±56±003, Issued: September 13, 1984, Revised: November 2, 1989. TC. SA227±AT, SA227±AC, SA227±BC, and SA227± 227±56±003, Issued: September 13, 1984, Revised: November 2, 1989. TT.

Note 4: The repetitive inspections required comments and then send it to the Manager, (h) This amendment supersedes AD 93– by this AD are also referenced in the FAA- Fort Worth ACO. 19–06, Amendment 39–8705. approved Fairchild Airframe Airworthiness Note 5: Information concerning the Issued in Kansas City, Missouri, on April Limitations Manual, ST–UN–M001. existence of approved alternative methods of 19, 1996. (e) Special flight permits may be issued in compliance with this AD, if any, may be Henry A. Armstrong, accordance with sections 21.197 and 21.199 obtained from the Fort Worth ACO. of the Federal Aviation Regulations (14 CFR Note 6: Alternative methods of compliance Acting Manager, Small Airplane Directorate, 21.197 and 21.199) to operate the airplane to approved in accordance with AD 93–19–06 Aircraft Certification Service. a location where the requirements of this AD (superseded by this action) are not [FR Doc. 96–10308 Filed 4–25–96; 8:45 am] can be accomplished. considered approved as alternative methods (f) An alternative method of compliance or of compliance with this AD. adjustment of the initial or repetitive (g) All persons affected by this directive compliance times that provides an equivalent may obtain copies of the document referred level of safety may be approved by the to herein upon request to Fairchild Aircraft, Manager, Airplane Certification Office P.O. Box 790490, San Antonio, Texas 78279– (ACO), FAA, 2601 Meacham Boulevard, Fort 0490; or may examine this document at the Worth, Texas 76193–0150. The request shall FAA, Central Region, Office of the Assistant be forwarded through an appropriate FAA Chief Counsel, Room 1558, 601 E. 12th Maintenance Inspector, who may add Street, Kansas City, Missouri 64106. Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Proposed Rules 18529

SOCIAL SECURITY ADMINISTRATION national toll-free number, 1–800–772– provide a supplement, States that agreed 1213. to make optional supplementary 20 CFR Part 416 payments and signed an agreement to SUPPLEMENTARY INFORMATION: [Regulations No. 16] have those payments administered by Background the Federal Government would not be RIN 0960±AD75 charged a fee for Federal administration. These proposed regulations reflect the States required to pay mandatory Supplemental Security Income for the provisions of section 13731 of Public supplementary payments could also Aged, Blind, and Disabled; Charging Law 103–66 (the Omnibus Budget enter into agreements providing for Administration Fees for Making State Reconciliation Act (OBRA) of 1993) and Federal administration of those Supplementary Payments; Interest Public Law 101–453 (the Cash payments at no cost to the States. States Charging on State Supplementary Management Improvement Act (CMIA) electing Federal administration were Payment Funds of 1990) as amended by Public Law required to periodically transfer to SSA 102–589 (the Cash Management only amounts equal to the expenditures AGENCY: Social Security Administration, Improvement Act Amendments of made by SSA for supplementary (SSA). 1992). From the inception of the payments. This former requirement is ACTION: Proposed rules. supplemental security income (SSI) still reflected in the current regulations program in January 1974 through SUMMARY: We propose to revise our at §§ 416.2010(c) and 416.2090(a). September 1993, SSA did not have the rules to bring them into accord with On October 1, 1993, pursuant to statutory changes which require the authority to charge States for the costs it incurred in administering mandatory amendments made to the Social Social Security Administration (SSA) to Security Act (the Act) and to section charge the States an administration fee and optional State supplementary payment programs. During that same 212(b)(3) of Public Law 93–66 by for making supplementary payments on section 13731 of Public Law 103–66, behalf of States and authorize SSA to period of time, SSA did not have specific authority to charge States for SSA began charging States that had charge the States an additional services elected Federal administration of fee for performing services at the request the costs it incurred in performing, at the request of the States, services not optional and/or mandatory State of States not customarily provided. We supplementary payments a fee for also propose to conform our regulations customarily provided in the administration of State supplementary administering those payments. The to reflect the requirements of the law administration fee is charged monthly regarding the transfer of funds from payment programs. Section 13731 of Public Law 103–66, and is derived by multiplying the States to SSA for use in making effective for supplementary payments number of State supplementary supplementary payments. made for any month beginning on or payments made by SSA on behalf of a DATES: To be sure that your comments after October 1, 1993, requires SSA to State for a month by the applicable are considered, we must receive them charge the States an administration fee dollar rate for the fiscal year (FY), as no later than June 25, 1996. for making supplementary payments on prescribed in section 13731 of Public ADDRESSES: Comments should be behalf of States and authorizes SSA to Law 103–66. The dollar rates are as submitted in writing to the charge the States an additional services follows: for FY 1994, $1.67; for FY 95, Commissioner of Social Security, P.O. fee for performing services at the request $3.33; for FY 96, $5.00; and, for FY 1997 Box 1585, Baltimore, MD 21235, sent by of States not customarily provided. and each succeeding FY, $5.00 or such telefax to (410) 966–2830, sent by E-mail The CMIA requires that transfers of different rate as determined by SSA to to ‘‘[email protected]’’, or delivered funds from the States to SSA for the be appropriate for any particular State, to the Division of Regulations and payment of supplementary payments be taking into account the complexity of Rulings, Social Security Administration, timed to coincide as closely as possible administering the State’s supplementary 3–B–1 Operations Building, 6401 with disbursements of those funds to payment program. The number of Security Boulevard, Baltimore, MD eligible individuals. In the case of supplementary payments made by SSA 21235, between 8:00 a.m. and 4:30 p.m. certain States, transfers which do not in a month is the total number of checks on regular business days. Comments occur on due dates and/or which are not issued, and direct deposits made, to may be inspected during these same in appropriate amounts will cause the recipients in that month, that are hours by making arrangements with the imposition of an interest liability on composed in whole or in part of State contact person shown below. either the States or on the Federal supplementary funds. The number of The electronic file of this document is Government in accordance with the supplementary payments include, for available on the Federal Bulletin Board regulations of the United States example, recurring monthly payments (FBB) at 9:00 A.M. on the date of Department of the Treasury (ongoing monthly payments to publication in the Federal Register. To implementing the CMIA. The provisions individuals who maintain eligibility download the file, modem dial (202) of the CMIA were effective on the later from the previous month); supplemental 512–1387. The FBB instructions will of July 1, 1993, or the first day of the payments (payments certified after the explain how to download the file and State’s fiscal year beginning in 1993. date established for the regular transfer the fee. This file is in WordPerfect Prior to the effective date of the CMIA, of payment data to the United States format and will remain on the FBB no interest liability was incurred by Department of the Treasury); daily during the comment period. either the States or the Federal payments (non-recurring initial claims FOR FURTHER INFORMATION CONTACT: Government on the transfer of funds to or post-entitlement payments including Henry D. Lerner, Legal Assistant, SSA for use in making State one-time payments such as those made Division of Regulations and Rulings, supplementary payments. to correct underpayments); erroneous Social Security Administration, 6401 payments (overpayments and payments Security Blvd., Baltimore, MD 21235, Present Policy to ineligibles); split payments (multiple (410) 965–1762 for information about At the outset of the SSI program, check payments resulting from the these rules. For information on States were encouraged to supplement systems safeguard limiting single checks eligibility or claiming benefits, call our the Federal benefit. As an incentive to to an amount not greater than 18530 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Proposed Rules

$49,999.99); unnegotiated check programs of 26 States and the District of expended, therefore triggering an payments (payments by check not Columbia. The supplementary payment interest liability on either the State or presented for payment by the recipient programs of 12 of those States and the the Federal Government. Current within 180 days of issuance); District of Columbia meet the regulations do not reflect the CMIA replacement checks (duplicate checks requirements of a major Federal requirement that supplementary issued when recipients allege assistance program and, thus, are payment funds be transferred to SSA on nonreceipt of original check issuances); subject to the interest liability the date of average clearance of SSI/ and, installment payments (payments provisions of the CMIA. supplementary payments, nor do they made over a period of months, the sum Each month, States are notified of the authorize the charging or payment of of which is equal to amounts due amount of funds they must transfer to interest by either SSA or the States with recipients). SSA to be used in the succeeding month regard to the transfer of State Section 13731 of Public Law 103–66 to make supplementary payments and to supplementary payment funds. also authorizes SSA to charge a State an pay administration fees. Notification is additional services fee if, at the request made, generally, 7 work days before the Proposed Policy of the State, SSA agrees to provide the end of the month. For purposes of We propose to amend the regulations State with additional services beyond complying with the funding technique at §§ 416.2010(b) and 416.2090 to reflect the level customarily provided in the requirements of the CMIA and its the provisions section 13731 of Public administration of State supplementary implementing regulations, all State Law 103–66 that require SSA to charge payments. SSA is not required to funds must be received by SSA by the States an administrative fee for perform any additional services fifth Federal business day following the administering their State supplementary requested by a State and may, at its sole day the regularly recurring monthly payments and authorize SSA to charge discretion, refuse to perform those supplementary payments are issued. States an additional services fee for additional services. An additional This date is the State supplementary services not customarily performed. services fee charged a State may be a payment transfer date and represents Examples of services not customarily one-time charge or, if the furnished the dollar-weighted average day of provided States and thus, for which an services result in ongoing costs to the clearance of all SSI/State supplementary additional fee will be charged if SSA Federal Government, a monthly or less payment checks and direct deposits agrees to perform them, are presented frequent charge to the State for made to individuals in a month. Section below. The list is not intended to be providing such services. Section 13731 1616(d) of the Act and section 212(b)(3) inclusive. Any and all additional of Public Law 103–66 requires that the of Public Law 93–66, as amended by services performed by SSA at the additional services fee be in an amount section 13731 of Public Law 103–66, request of a State will be subject to the that SSA determines is necessary to require that the States pay services fee, including: cover all costs (including indirect costs) administration fees on the same day • The collection and/or verification of incurred by the Federal Government in they transfer to SSA the amounts additional information in the claims or furnishing the additional services. Prior necessary to make State supplementary redetermination process which SSA to the effective date of section 13731 of payments. However, the provisions of does not now typically or usually Public Law 103–66, SSA had no specific the CMIA apply only to the amounts collect and/or verify; authority to impose additional services transferred to SSA for use in making • The modification of a fees. supplementary payments. Therefore, the supplementary payment level variation The CMIA was enacted to ensure interest provisions of the CMIA are or replacement of a supplementary greater efficiency, effectiveness and inapplicable to the payment of payment level variation, resulting in a equity in the exchange of funds between administration fees not made on transfer variation more labor intensive or the Federal Government and the States. dates and/or not made in appropriate otherwise more costly to administer For purposes of Federal administration amounts. However, administration fee than variations normally administered of State supplementary payments, the payment delinquencies by States are by SSA; CMIA requires that the transfer of funds subject to the provisions of the claims • The modification or expansion of from the States to SSA for use in making collection regulations at 45 CFR part 30, the existing SSI Quality Assurance supplementary payments be timed to which include the imposition of interest sample that would increase the level of coincide as closely as possible with the on amounts due SSA. These Department reporting usually performed by SSA; actual payment of those funds to of Health and Human Services • The development and issuance of recipients. While all States are required regulations remain applicable after notices to SSI/State supplementary to comply with the funding techniques March 30, 1995, to the assessment of payment recipients in the State beyond of the CMIA, pursuant to the interest on delinquent administration those normally provided; implementing regulations of the United fees by SSA pursuant to section 106(b) • The revision of State supplementary States Department of the Treasury at 31 of Public Law 103–296, the Social payment amounts which requires CFR Part 205, only those States whose Security Independence and Program software changes in the SSI payment State supplementary payment programs Improvements Act of 1994. system not otherwise necessary. Such meet the requirements of a major It is not possible for SSA to forecast revisions would be other than the Federal assistance program in their the precise amount of State customary revisions associated with respective States are subject to the expenditures that will be made in the annual cost-of-living adjustments to the interest liability provisions of the CMIA. subsequent month. Therefore, the Federal benefit rate; For those States, transfers of amounts transferred on the State • The provision of more detailed or supplementary payment funds to SSA supplementary payment transfer date frequent accounting data or reports; and which are not made on due dates and/ are based on estimates made by SSA. • A service that would require SSA to or are not made in appropriate amounts After the close of the month for which engage in software development or will cause the imposition of an interest the amounts are transferred, when final modification and/or reprogramming liability on either the State, or the expenditure figures become available, efforts not normally undertaken. Federal Government. Currently, SSA those amounts will be revealed to be We also propose to amend the administers the supplementary payment either more or less than actually regulations at § 416.2090(a)(2) to Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Proposed Rules 18531 provide, consistent with our present from the Department of Health and § 416.2005 Administration agreements procedure, that all State funds to be Human Services. with SSA. used by SSA to make monthly (a) Agreement-mandatory only. Regulatory Procedures supplementary payments and to pay Subject to the provisions of paragraph administration fees for that month, as Executive Order 12866 (d) of this section, any State having an agreement with the Social Security estimated by SSA, must be on deposit We have consulted with the Office of with SSA by the fifth Federal business Administration (SSA) under Management and Budget (OMB) and § 416.2001(c) may enter into an day following the day the regularly determined that these rules do not meet recurring monthly supplementary administration agreement with SSA the criteria for a significant regulatory under which SSA will make the payments are issued. This paragraph action under Executive Order 12866. would also provide that any additional mandatory minimum supplementary Thus, they were not subject to OMB payments on behalf of such State. An services fees are to be on deposit with review. SSA on the date specified by SSA. In agreement under § 416.2001(c) and an addition, we propose to amend Regulatory Flexibility Act administration agreement under this § 416.2090(b) to clarify that paragraph may be consolidated into one We certify that these proposed rules agreement. administration and additional services will not have a significant economic fees are included in SSA’s accounting of impact on a substantial number of small * * * * * (d) * * * If the State elects options State funds and to reflect the fact that entities. Therefore, a regulatory available under this subpart (specified SSA and the States may now incur flexibility analysis as provided in Public in §§ 416.2015 through 416.2035), such interest charges with respect to the Law 96–354, the Regulatory Flexibility options must be specified in the adjustment and accounting of State Act, is not required. supplementary payment funds in administration agreement. 3. Section 416.2010 is amended by accordance with the CMIA and Paperwork Reduction Act removing paragraph (b), redesignating implementing regulations of the United These proposed rules impose no paragraphs (c) through (f) as paragraphs States Department of the Treasury. reporting/recordkeeping requirements (b) through (e), removing ‘‘the We also propose to make technical subject to OMB clearance. Secretary’’ and adding ‘‘SSA’’ each time revisions to the regulations in Subpart T (Catalog of Federal Domestic Assistance it appears in paragraphs (a), (d) and (e), that are unrelated to the provisions of Program No. 96.006, Supplemental Security and by revising redesignated paragraphs OBRA of 1993 and the CMIA. Section Income) (b) and (c) to read as follows: 184 of Public Law 97–248, enacted List of Subjects in 20 CFR Part 416 September 3, 1982, phased out the hold- § 416.2010 Essentials of the administration harmless provisions of the Social Administrative practice and agreements. Security Act. In order to reflect the fact procedure, Aged, Blind, Disability * * * * * that these provisions are now obsolete, benefits, Public assistance programs, (b) Administrative costs. (1) SSA shall we propose to delete the hold-harmless Reporting and recordkeeping assess each State that had elected regulations at §§ 416.2010(b) (except for requirements, Supplemental security Federal administration of optional and/ the last sentence which is unrelated to income. or mandatory State supplementary the hold-harmless protection and which Dated: April 16, 1996. payments an administration fee for administering those payments. The will be inserted at the end of Shirley Chater, administration fee is assessed and paid §§ 416.2005(d)), 416.2080, 416.2082, Commissioner of Social Security. and 416.2085 per SSA’s June 1, 1995, monthly and is derived by multiplying report to President Clinton on Subpart T of part 416 of chapter III of the number of State supplementary Eliminating and Improving Regulations, title 20 of the Code of Federal payments made by SSA on behalf of a and to amend the regulations at Regulations is proposed to be amended State for any month in a fiscal year by §§ 416.2050(b)(1) and 416.2090 (a)(2) as follows: the applicable dollar rate for the fiscal and (d). Section 416.2010(d) will be year. The number of supplementary PART 416 Ð[AMENDED] redesignated as § 416.2010(c) and will payments made by SSA in a month is the total number of checks issued and be revised to indicate that agreements Subpart TÐ[Amended] will renew automatically one year after direct deposits made to recipients in the date they are signed for a period of that month, that are composed in whole 1. The authority citation for subpart T or in part of State supplementary funds. one year unless the State or SSA gives of part 416 continues to read as follows: The dollar rates are as follows: written notice not to renew at least 90 Authority: Secs. 702(a)(5), 1616, 1618, and (i) For fiscal year 1994, $1.67; days before the beginning of the new 1631 of the Social Security Act (42 U.S.C. (ii) For fiscal year 1995, $3.33; period. The regulations now provide 902(a)(5), 1382e, 1382g, and 1383); sec. 212, (iii) For fiscal year 1996, $5.00; and that the agreements will run until June Pub. L. 93–66, 87 Stat. 155 (42 U.S.C. 1382 (iv) For fiscal year 1997 and each 30, the Federal government’s former end note); sec. 8(a), (b)(1)–(b)(3), Pub. L. 93–233, succeeding fiscal year, $5.00, or such of a fiscal year. This proposed change 87 Stat. 956 (7 U.S.C. 612c note and 1431 different rate as determined by SSA to takes into consideration the fact that note and 42 U.S.C. 1382e note); secs. 1(a)–(c) be appropriate for any particular State, States have not signed their agreements and 2(a), 2(b)(1), 2(b)(2), Pub. L. 93–335, 88 Stat. 291 (42 U.S.C. 1382 note, 1382e note). taking into account the complexity of on one uniform date. Finally, these administering the State’s supplementary proposed rules would, in the sections 2. Section 416.2005 is amended by payment program. being amended, replace all references to revising paragraph (a), removing ‘‘the (2) SSA shall charge a State an the Secretary of Health and Human Secretary’’ and adding ‘‘SSA’’ in the additional services fee if, at the request Services with references to SSA to heading and each time it appears in of the State, SSA agrees to provide the reflect Public Law 103–296 which, paragraphs (b)–(d) and adding a State with additional services beyond effective March 31, 1995, established sentence to the end of paragraph (d) to the level customarily provided in the SSA as an independent agency separate read as follows: administration of State supplementary 18532 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Proposed Rules payments. The additional services fee payments for any month which shall be accounting of State supplementary shall be in an amount that SSA made by SSA on behalf of such State; payments funds in accordance with determines is necessary to cover all (ii) An amount of funds equal to applicable laws and regulations of the costs, including indirect costs, incurred SSA’s estimate of administration fees for United States Department of the by the Federal government in furnishing any such month determined in the Treasury. the additional services. SSA is not manner described in § 416.2010(b)(1); * * * * * and required to perform any additional [FR Doc. 96–10058 Filed 4–25–96; 8:45 am] services requested by a State and may, (iii) If applicable, an amount of funds BILLING CODE 4190±29±P at its sole discretion, refuse to perform equal to SSA’s determination of the those additional services. An additional costs incurred by the Federal services fee charged a State may be a government in furnishing additional one-time charge or, if the furnished services for the State as described in DEPARTMENT OF TRANSPORTATION § 416.2010(b)(2). services result in ongoing costs to the Coast Guard Federal Government, a monthly or less (2) In order for SSA to make State frequent charge to the State for supplementary payments on behalf of a 33 CFR Part 117 providing such services. State for any month as provided by the (c) Agreement period. The agreement agreement, the estimated amount of [CGD08±96±003] period for a State which has elected State funds referred to in paragraph RIN 2115±AE47 Federal administration of its (a)(1)(i) of this section, necessary to supplementary payments will extend for make those payments for the month, Drawbridge Operation Regulation; one year from the date the agreement together with the estimated amount of Lower Grand River, LA was signed unless otherwise designated. administration fees referred to in The agreement will be automatically paragraph (a)(1)(ii) of this section, for AGENCY: Coast Guard, DOT. renewed for a period of one year unless that month, must be on deposit with ACTION: Notice of proposed rulemaking. either the State or SSA gives written SSA on the State supplementary SUMMARY: At the request of the Iberville notice not to renew, at least 90 days payment transfer date, which is the fifth Federal business day following the day Parish School Board, the Coast Guard is before the beginning of the new period. considering a change to the regulation For a State to elect Federal in the month that the regularly recurring monthly supplemental security income governing the operation of the pontoon administration, it must notify SSA of its drawbridge on LA State Road 77 across intent to enter into an agreement, payments are issued. The additional the Lower Grand River (Intracoastal furnishing the necessary payment services fee referred to in paragraph Waterway, Morgan City to Port Allen, specifications, at least 120 days before (a)(1)(iii) of this section, shall be on Alternate Route), mile 47.0 at Grosse the first day of the month for which it deposit with SSA on the date specified Tete, Iberville Parish, Louisiana: wishes Federal administration to begin, by SSA. The amount of State funds paid to SSA for State supplementary The proposed regulation would and have executed such agreement at require that the bridge open on signal; least 30 days before such day. payments and the amount paid for administration fees will be adjusted as except that from 6 a.m. to 8 a.m. and * * * * * from 2:30 p.m. to 4:30 p.m., Monday 4. Paragraph (b)(1) of section 416.2050 necessary to maintain the balance with State supplementary payments paid out through Friday, other than Federal is amended by removing the phrase ‘‘(as holidays, and only during the months defined in § 416.2085(e))’’ and removing by SSA on behalf of the State, and administration fees owed to SSA, when local schools are in session, the ‘‘the Secretary’’ and adding ‘‘SSA’’ each bridge would be permitted to remain time it appears. respectively. (b) Accounting of State funds. (1) As closed to navigation for the § 416.2080 [Removed] soon as feasible, after the end of each uninterrupted crossing of school bus 5. Section 416.2080 is removed. calendar month, SSA will provide the and other vehicular traffic. State with a statement showing, Presently, the draw of the bridge is § 416.2082 [Removed] cumulatively, the total amounts paid by required to open on signal, except that 6. Section 416.2082 is removed. SSA on behalf of the State during the from 6 a.m. to 7:30 a.m. and from 2:30 current Federal fiscal year; the fees p.m. to 4 p.m., Monday through Friday, § 416.2085 [Removed] other than Federal holidays, and only 7. Section 416.2085 is removed. charged by SSA to administer such supplementary payments; any during the months when local schools 8. Section 416.2090 is amended are in session, the bridge need not open removing ‘‘the Secretary’’ and adding additional services fees charged the State; the State’s total liability therefore; for navigation. ‘‘SSA’’ each time it appears in This action would extend the closure paragraph (c), by removing the phrase and the end-of-month balance of the State’s cash on deposit with SSA. time in the morning and afternoon by ‘‘for purposes of § 416.2080’’ at the end one-half hour to accommodate school of paragraph (d), and by revising the (2) SSA shall provide an accounting of State funds received as State buses which must adhere to schedules section heading and paragraphs (a) and based on new staggered starting times (b) to read as follows: supplementary payments, administration fees, and additional for the Iberville Parish Schools. This § 416.2090 State funds transferred for services fees, within three calendar action would benefit school children in supplementary payments. months following the termination of an their timely arrival at school, while still (a) Payment transfer and adjustment. agreement under § 416.2005. providing for the reasonable needs of (1) Any State which has entered into an (3) Adjustments will be made because navigation. agreement with SSA which provides for of State funds due and payable or DATES: Comments must be received on Federal administration of such State’s amounts of State funds recovered for or before June 25, 1996. supplementary payments shall transfer calendar months for which the ADDRESSES: Comments should be to SSA: agreement was in effect. Interest will be mailed to Commander (ob), Eighth Coast (i) An amount of funds equal to SSA’s incurred by SSA and the States with Guard District, 501 Magazine Street, estimate of State supplementary respect to the adjustment and New Orleans, Louisiana 70130–3396, or Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Proposed Rules 18533 may be delivered to Room 1313 at the consists of tugs with tows, commercial way and to what degree this rule will same address between 8:00 a.m. and fishing vessels, occasional small oil economically effect it. 3:00 p.m., Monday through Friday, field work boats and recreational craft. Collection of Information except Federal holidays. The telephone Data obtained from the Louisiana number is (504) 589–2965. Department of Transportation and This proposal contains no collection- FOR FURTHER INFORMATION CONTACT: Mr. Development show that, during a six of-information requirements under the Phil Johnson, Bridge Administration month period ending late in August Paperwork Reduction Act (44 U.S.C. Branch, at the address given above, 1995, the number of vessels that passed 3501 et seq.). the bridge during the proposed telephone (504) 589–2965. Federalism Implications extended half-hour closure (7:30 a.m. to SUPPLEMENTARY INFORMATION: 8:00 a.m., Monday through Friday) This action has been analyzed in Request for Comments totaled 242. This breaks down to about accordance with the principles and 1.3 vessels per day during this half-hour criteria contained in Executive Order Interested parties are invited to period. Since this count includes 12612, and it has been determined that participate in the proposed rulemaking vessels that were waiting because of the the proposed rulemaking does not have by submitting written views, comments, already in effect one and one-half hour sufficient federalism implications to or arguments. Persons submitting closure, 1.3 vessels are a very minimal warrant the preparation of a Federalism comments should include their names amount of traffic being detained. The Assessment. and addresses, identify the bridge and Coast Guard feels that this request for a give reasons for concurrence with or any one-half hour extension is reasonable. Environment recommended change in this proposal. The Coast Guard considered the Regulatory Evaluation Persons desiring acknowledgment that environmental impact of this proposal their comments have been received This proposal is not a significant and concluded that under paragraph should enclose a stamped, self- regulatory action under section 3(f) of 2.B.2. of Commandant Instruction addressed postcard or envelope. Executive Order 12866 and does not M16475.1B, this proposal is The Coast Guard plans no public require an assessment of potential cost categorically excluded from further hearing. Persons may request a public and benefits under section 6(a)(3) of that environmental documentation. A hearing by writing to the Eighth Coast order. It has not been reviewed by the ‘‘Categorical Exclusion Determination’’ Guard District at the address under Office of Management and Budget under is available in the docket for inspection ADDRESSES. The request should include that order. It is not significant under the or copying where indicated under reasons why a hearing would be regulatory policies and procedures of ADDRESSES. beneficial. If it is determined that the the Department of Transportation (DOT) opportunity for oral presentations will (44 FR 11040; February 26, 1979). List of Subjects in 33 CFR Part 117 aid this rulemaking, the Coast Guard The Coast Guard expects the Bridges. will hold a public hearing at a time and economic impact of this proposal to be For the reasons set out in the place announced by a later notice in the so minimal that a full Regulatory preamble, the Coast Guard proposes to Federal Register. Evaluation under paragraph 10e of the amend Part 117 of Title 33, Code of The Commander, Eighth Coast Guard regulatory policies and procedures of Federal Regulations, as follows: District, will evaluate all DOT is unnecessary. communications received and Small Entities PART 117ÐDRAWBRIDGE determine a course of final action on OPERATION REGULATIONS this proposal. The proposed regulation Under the Regulatory Flexibility Act may be changed in the light of (5 U.S.C. 601 et seq.), the Coast Guard 1. The authority citation for Part 117 comments received. must consider whether this proposal, if continues to read as follows: adopted, will have a significant Background and Purpose Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 economic impact on a substantial CFR 1.05–1(g). The Iberville Parish School Board has number of small entities. ‘‘Small requested the regulation because a new, entities’’ may include (1) small 2. In section 117.478, paragraph (b) is staggered starting time has been businesses and not-for-profit revised to read as follows: implemented for the schools in the organizations that are independently § 117.478 Lower Grand River. Parish. The extension of the morning owned and operated and are not * * * * * and afternoon closure for the LA 77 dominant in their fields and (2) (b) The draw of the LA 77 bridge, mile bridge will assist school buses in governmental jurisdictions with 47.0 (Alternate Route) at Grosse Tete, transporting the students to and from populations of less than 50,000. shall open on signal; except that, from their classes in a timely manner. The Since the proposed rule also about August 15 to about June 5 (the new proposed regulation would allow considers the needs of local commercial school year), the draw need not be for the free flow of vehicular traffic, fishing vessels, the economic impact is opened from 6 a.m. to 8 a.m. and from while still serving the reasonable needs expected to be minimal. Therefore, the 2:30 p.m. to 4:30 p.m., Monday through of navigational interests. Coast Guard certifies under 5 U.S.C. 605(b) that this proposal, if adopted, Friday except Federal holidays. The Discussion of Proposed Rules will not have a significant economic draw shall open on signal at any time The LA 77 bridge is a pontoon bridge. impact on a substantial number of small for an emergency aboard a vessel. Navigational clearances provided by the entities. If, however, you think that your * * * * * bridge are 2.0 feet vertical above mean business or organization qualifies as a Dated: February 14, 1996. high water in the closed to navigation small entity and that this rule will have R.C. North, position and unlimited vertical a significant economic impact on your Rear Admiral, U.S. Coast Guard, Commander, clearance in the open to navigation business or organization, please submit Eighth Coast Guard District. position. Horizontal clearance is 125.0 a comment (see ADDRESSES) explaining [FR Doc. 96–10083 Filed 4–25–96; 8:45 am] feet. Navigation on the waterway why you think it qualifies and in what BILLING CODE 4910±14±M 18534 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Proposed Rules

ENVIRONMENTAL PROTECTION with procedures set forth in 40 CFR part the abdominal fur in male and female AGENCY 2. A copy of the comment that does not rats dosed at 40,000 ppm. Systemic contain CBI must be submitted for effects (urinary tract stone formation 40 CFR Part 180 inclusion in the public record. and epithelial irritation) were observed [PP 5E4434/P±651; FRL±5363±3] Information not marked confidential at the high dose level. The study also may be disclosed publicly by EPA demonstrated a significantly elevated RIN 2070±AB18 without prior notice. All written incidence of urinary bladder tumors comments will be available for public (adenomas and carcinomas combined) Aluminum Tris (O-ethylphosphonate); inspection in Rm. 1132 at the Virginia at the highest dose tested. The tumors Pesticide Tolerance address given above, from 8 a.m. to 4:30 were mainly seen in surviving males at the time of terminal sacrifice. AGENCY: Environmental Protection p.m., Monday through Friday, excluding The registrant submitted additional Agency (EPA). legal holidays. information regarding the relationship ACTION: Proposed rule. FOR FURTHER INFORMATION CONTACT: By mail: Hoyt L. Jamerson, Registration between the induction of urinary SUMMARY: EPA proposes to establish a Division (7505W), Office of Pesticide bladder tumors and the presence of time-limited tolerance for residues of Programs, Environmental Protection urinary bladder stones in rats, which the fungicide aluminum tris (O- Agency, 401 M St., SW., Washington, indicates that the extremely high dose ethylphosphonate) (also referred to in DC 20460. Office location and telephone level (40,0000/30,000 ppm) fed to rats this document as fosetyl-Al) in or on the number: Sixth Floor, Crystal Station #1, produces urinary tract toxicity that raw agricultural commodity blueberry. 2800 Jefferson Davis Highway, precedes and seems to lead to the The proposed regulation to establish a Arlington, VA 22202, (703) 308-8783; e- carcinogenic response in rats. (3) A 2–year feeding/carcinogenicity maximum permissible level for residues mail:[email protected]. study in mice fed diets containing 0, of the fungicide was requested in a SUPPLEMENTARY INFORMATION: The 2,500, 10,000, or 20,000/30,000 ppm. petition submitted by the Interregional Interregional Research Project No. 4 (IR- The 20,000 ppm dose was increased to Research Project No. 4 (IR-4). The time- 4), New Jersey Agricultural Experiment 30,000 ppm during week 19 of the limited tolerance for blueberry would Station, P.O. Box 231, Rutgers study. The NOEL for systemic effects is expire on December 31, 1998. University, New Brunswick, NJ 08903, established at 20,000/30,000 ppm DATES: Comments, identified by the has submitted pesticide petition (PP) (3,000/4,500 mg/kg/day) based on document control number [PP 5E4434/ 5E4434 to EPA on behalf of the hematological effects. There were no P–651], must be received on or before Agricultural Experiment Stations of carcinogenic effects observed under the May 28, 1996. Maine, Michigan, New Jersey, North conditions of this study. ADDRESSES: By mail, submit written Carolina, and Oregon. This petition (4) A three-generation reproduction comments to: Public Response and requests that the Administrator, study in rats fed diets containing 0, Program Resources Branch, Field pursuant to section 408(e) of the Federal 6,000, 12,000 or 24,000 ppm with a Operations Division (7506C), Office of Food, Drug, and Cosmetic Act (FFDCA), NOEL for reproductive effects of 6,000 Pesticide Programs, Environmental 21 U.S.C. 346a(e), amend 40 CFR ppm (300 mg/kg/day). The LOEL is Protection Agency, 401 M St., SW., 180.415 by establishing a time-limited established at 12,000 ppm (600 mg/kg/ Washington, DC 20460. In person, bring tolerance for residues of the fungicide day) based on decreased pup litter and comments to: Rm. 1132 CM #2, 1921 fosetyl-Al [aluminum tris (O- pup weight. Jefferson Davis Highway, Arlington, VA ethylphosphonate)], in or on the raw (5) A developmental toxicity study in 22202. Comments and data may also be agricultural commodity blueberry at 40 rats fed doses of 500, 1,000 or 4,000 mg/ submitted to OPP by sending electronic parts per million (ppm). The petitioner kg/day with a NOEL for developmental mail (e-mail) to: opp- requested that the tolerance expire on toxicity of 1,000 mg/kg/day based on a [email protected]. December 31, 1998, to allow IR-4 significant reduction in litter and fetal Electronic comments must be sufficient time to develop additional weight, a slight increase in submitted as an ASCII file avoiding the magnitude of residue data in support of malformations, and increased skeletal use of special characters and any form a permanent tolerance for blueberries. variations at the 4,000 mg/kg/day dose of encryption. Comments and data will The scientific data submitted in the level. also be accepted on disks in petition and other relevant material (6) A developmental toxicity study in WordPerfect 5.1 file format or ASCII file have been evaluated. The toxicological rabbits fed doses of 125, 250, or 500 mg/ format. All comments and data in data considered in support of the kg/day with no developmental toxicity electronic form must be identified by proposed tolerance include: observed under the conditions of the the docket number [PP 5E4434/P–651]. (1) A 2–year feeding study in dogs fed study. Electronic comments on this proposed diets containing 0, 10,000, 20,000, or (7) Fosetyl-Al was tested and found be rule may be filed online at many Federal 40,000 ppm with a no-observed-effect negative for mutagenic effects in a Depository Libraries. Additional level (NOEL) of 10,000 ppm (250 battery of studies designed to detect information on electronic submissions milligrams (mg)/kilogram (kg)/day). The gene mutation, chromosomal can be found in the lowest-observed-effect level (LOEL) was aberrations, and other genotoxic effects. ‘‘SUPPLEMENTARY INFORMATION’’ 20,000 ppm (500 mg/kg/day) based on a (8) A metabolism study in rats section of this document. slight degeneration of the testes. indicates that fosetyl-Al is hydrolyzed Information submitted as a comment (2) A 2–year feeding/carcinogenicity to ethanol, which is excreted in expired concerning this document may be study in rat fed diets containing 0, air as carbon dioxide, and to phosphite, claimed confidential by marking any 2,000, 8,000, or 40,000/30,000 ppm with which is excreted in the urine. In part or all of that information as a systemic NOEL of 8,000 ppm (400 mg/ addition, some of the compound is also ‘‘Confidential Business Information’’. kg/day). The 40,000 ppm dose was excreted unchanged in the urine. CBI should not be submitted through e- reduced to 30,000 ppm after the first The Office of Pesticide Programs’, mail. Information marked as CBI will two weeks of the study due to the Health Effects Division, Carcinogenicity not be disclosed except in accordance occurrence of red urine and staining of Peer Review Committee (CPRC) Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Proposed Rules 18535 determined that fosetyl-Al was not Any person who has registered or known as ‘‘economically significant’’); amenable to classification using current submitted an application for registration (2) creating serious inconsistency or Agency cancer guidelines. Additionally of a pesticide, under the Federal otherwise interfering with an action it was concluded that based on a Insecticide, Fungicide, and Rodenticide taken or planned by another agency; (3) mechanistic evaluation of the only Act (FIFRA) as amended, which materially altering the budgetary tumor which occurred at exceptionally contains any of the ingredients listed impacts of entitlement, grants, user fees, high doses (40,000/30,0000 ppm) in the herein, may request within 30 days after or loan programs; or (4) raising novel bladder of male rats and possibly in the publication of this notice in the Federal legal or policy issues arising out of legal bladder and renal pelvis of female rats, Register that this rulemaking proposal mandates, the President’s priorities, or it appears that humans are not likely to be referred to an Advisory Committee in the principles set forth in this Executive be exposed to doses of fosetyl-Al that accordance with section 408(e) of the Order. produce urinary tract toxicity which FFDCA. precedes and leads to the carcinogenic A record has been established for this Pursuant to the terms of this response observed in rats. Based on the rulemaking under docket number [PP Executive Order, EPA has determined available information, the CPRC 5E4434/P–651] (including comments that this rule is not ‘‘significant’’ and is concludes that the pesticidal use of and data submitted electronically as therefore not subject to OMB review. fosetyl-al is unlikely to pose a described below). A public version of This action does not impose any carcinogenic hazard to humans. EPA this record, including printed, paper enforceable duty, or contain any versions of electronic comments, which has, therefore, chosen to use the ‘‘unfunded mandates’’ as described in Reference Dose (RfD) to quantify dietary does not include any information Title II of the Unfunded Mandates risk to humans. claimed as CBI, is available for The Reference Dose (RfD) is inspection from 8 a.m. to 4:30 p.m., Reform Act of 1995 (Pub. L. 104–4), or calculated at 3.0 mg/kg of body weight/ Monday through Friday, excluding legal require prior consultation as specified day. The RfD is based on a NOEL of 250 holidays. The public record is located in by Executive Order 12875 (58 FR 58093, mg/kg/day from the 2-year dog feeding Room 1132 of the Public Response and October 28, 1993), entitled Enhancing study and an uncertainty factor of 100. Program Resources Branch, Field the Intergovernmental Partnership, or The theoretical maximum residue Operations Division (7506C), Office of special consideration as required by contribution (TMRC) from existing Pesticide Programs, Environmental Executive Order 12898 (59 FR 7629, tolerances and the proposed tolerance Protection Agency, Crystal Mall #2, February 16, 1994). for blueberry utilizes 2.3 percent of the 1921 Jefferson Davis Highway, Pursuant to the requirements of the RfD for the U.S. population, while the Arlington, VA. Regulatory Flexibility Act (Pub. L. 96– Electronic comments can be sent TMRC for non-nursing infants utilizes 354, 94 Stat. 1164, 5 U.S.C. 601–612), directly to EPA at: 4.6 percent of the RfD. EPA generally the Administrator has determined that has no concern for exposures below 100 [email protected] regulations establishing new tolerances percent of the RfD. Electronic comments must be There is no reasonable expectation submitted as an ASCII file avoiding the or raising tolerance levels or that secondary residues will occur in use of special characters and any form establishing exemptions from tolerance milk, eggs, or meat of livestock and of encryption. requirements do not have a significant poultry since there are no livestock feed The official record for this economic impact on a substantial items associated with this action. The rulemaking, as well as the public number of small entities. A certification nature of the residue in plants is version, as described above will be kept statement to this effect was published in adequately understood. An adequate in paper form. Accordingly, EPA will the Federal Register of May 4, 1981 (46 analytical method, is available for transfer all comments received FR 24950). enforcement purposes. Prior to its electronically into printed, paper form publication in the Pesticide Analytical as they are received and will place the List of Subjects in 40 CFR Part 180 Manual, Volume II (PAM II), the paper copies in the official rulemaking Environmental protection, record which will also include all enforcement method is being made Administrative practice and procedure, comments submitted directly in writing. available in the interim to anyone who Agricultural commodities, Pesticides The official rulemaking record is the is interested in pesticide residue and pests, Reporting and recordkeeping enforcement from: By mail, Calvin paper record maintained at the address requirements. Furlow, Public Response and Program in ‘‘ADDRESSES’’ at the beginning of Resources Branch, Field Operations this document. Dated: April 11, 1996. Division (7506C), Office of Pesticide Under Executive Order 12866 (58 FR Stephen L. Johnson, Programs, Environmental Protection 51735, Oct. 4, 1993), the Agency must Agency, 401 M St., SW., Washington, determine whether the regulatory action Director, Registration Division, Office of DC 20460. Office location and telephone is ‘‘significant’’ and therefore subject to Pesticide Programs. number: Crystal Mall #2, Rm 1128, 1921 all the requirements of the Executive Jefferson Davis Hwy., Arlington, VA Order (i.e., Regulatory Impact Analysis, review by the Office of Management and Therefore, it is proposed that 40 CFR 22202, telephone: 703–305–5805. Part 180 be amended as follows: There are presently no actions Budget (OMB)). Under section 3(f), the pending against the continued order defines ‘‘significant’’ as those PART 180Ð[AMENDED] registration of this chemical. actions likely to lead to a rule (1) having Based on the information and data an annual effect on the economy of $100 1. The authority citation for Part 180 considered, the Agency has determined million or more, or adversely and continues to read as follows: that the tolerance established by materially affecting a sector of the Authority: 21 U.S.C. 346a and 371. amending 40 CFR part 180 would economy, productivity, competition, protect the public health. Therefore, it is jobs, the environment, public health or proposed that the tolerance be safety, or State, local or tribal 2. In § 180.415, by adding a new established as set forth below. governments or communities (also paragraph (c), to read as follows: 18536 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Proposed Rules

§ 180.415 Aluminum tris (O- rule may be filed online at many Federal registration should contact the Agency’s ethylphosphonate); tolerances for residues. Depository Libraries. Additional Registration Division at the address * * * * * information on electronic submissions provided above. (c) Time-limited tolerances are can be found in the The scientific data submitted in the established for residues of the fungicide ‘‘SUPPLEMENTARY INFORMATION’’ petition and other relevant material aluminum tris (O-ethylphosphonate) in section of this document. have been evaluated. The toxicological or on the following raw agricultural Information submitted as a comment data considered in support of the commodities: concerning this document may be proposed tolerance include: claimed confidential by marking any 1. Several acute toxicology studies Parts per Expiration part or all of that information as Commodity million date placing technical-grade quizalofop ethyl ‘‘Confidential Business Information’’ in Toxicity Category III. (CBI). CBI should not be submitted Blueberry ...... 40 Dec. 31, 2. An 18–month carcinogenicity study through e-mail. Information marked as 1998 with CD-1 mice fed diets containing 0, CBI will not be disclosed except in 2, 10, 80 and 320 ppm (equivalent to 0, accordance with procedures set forth in [FR Doc. 96–10251 Filed 4–25–96; 8:45 am] 0.2, 1.5, 12, and 48 mg/kg/day) with no 40 CFR part 2. A copy of the comment BILLING CODE 6560±50±F carcinogenic effects observed under the that does not contain CBI must be conditions of the study at levels up to submitted for inclusion in the public and including 80 ppm. There was an record. Information not marked 40 CFR Part 180 elevated incidence of hepatocellular confidential may be disclosed publicly adenomas and carcinomas combined in [PP 5E4590/P652; FRL±5363±5] by EPA without prior notice. All written CD-1 male mice at the 320 ppm dose RIN 2070±AB18 comments will be available for public level, which exceeded the maximum inspection in Rm. 1132 at the Virginia tolerated dose (MTD). Quizalofop Ethyl; Proposed Tolerance address given above, from 8 a.m. to 4:30 for Residues on Pineapple p.m., Monday through Friday, excluding 3. A 2–year chronic toxicity/ legal holidays. carcinogenicity study in rats fed diets AGENCY: Environmental Protection containing 0, 25, 100 and 400 ppm Agency (EPA). FOR FURTHER INFORMATION CONTACT: By (equivalent to 0, 0.9, 3.7, and 15.5 mg/ ACTION: Proposed Rule. mail: Hoyt L. Jamerson, Registration kg/day for males and 0, 1.1, 4.6, and Division (7505W), Office of Pesticide 18.6 mg/kg/day for females) with no SUMMARY: EPA proposes to establish a Programs, Environmental Protection carcinogenic effects observed under the tolerance for the residues of the Agency, 401 M St. SW., Washington, DC conditions of the study. The no- herbicide quizalofop-p ethyl ester and 20460. Office location and telephone observed-effect-level (NOEL) for its acid metabolite quizalofop-p and the number: Sixth Floor, Crystal Station #1, systemic toxicity is established at 25 S enantiomers of both the ester and the 2800 Jefferson Davis Highway, ppm (0.9 mg/kg/day) based on red blood acid, all expressed as quizalofop-p-ethyl Arlington, VA 22202, (703) 308–8783, e- cell destruction in males, and slight/ ester, in or on the raw agricultural mail: [email protected]. minimal centrilobular enlargement of commodity pineapple. The proposed SUPPLEMENTARY INFORMATION : The the liver in females at the 100 ppm dose regulation to establish a maximum Interregional Research Project No. 4 (IR- level. permissible level for residues of the 4), New Jersey Agricultural Experiment 4. A 1–year feeding study in dogs fed herbicide was requested in a petition Station, P.O. Box 231, Rutgers diets containing 0, 0.625, 2.5, and 10 submitted by the Interregional Research University, New Brunswick, NJ 08903, mg/kg/day with a NOEL of 10 mg/kg/ Project No. 4 (IR-4). has submitted pesticide petition (PP) day, the highest dose tested (HDT). DATES: Comments, identified by the 5E4590 to EPA on behalf of the docket number [PP 5E4590/P652], must Agricultural Experiment Station of 5. A developmental toxicity study in be received on or before May 28, 1996. Hawaii. This petition requests that the rats fed dosage levels of 0, 30, 100, and ADDRESSES: By mail, submit written Administrator, pursuant to section 300 mg/kg/day, with no developmental comments to: Public Response and 408(e) of the Federal Food, Drug, and effects observed under the conditions of Program Resources Branch, Field Cosmetic Act (FFDCA), 21 U.S.C. the study. The NOEL for maternal Operations Division (7506C), Office of 346a(e), amend 40 CFR 180.441 by toxicity is established at 30 mg/kg/day. Pesticide Programs, Environmental establishing a tolerance for combined 6. A developmental toxicity study in Protection Agency, 401 M St., SW., residues of the herbicide quizalofop-p rabbits fed dosage levels of 0, 7, 20, and Washington, DC 20460. In person, bring ethyl ester [ethyl (R)-(2-[4-((6- 60 mg/kg/day with no developmental comments to: Rm. 1132 CM #2, 1921 chloroquinoxalin-2-yl)oxy)phenoxyl])- effects observed under the conditions of Jefferson Davis Highway, Arlington, VA propanoate], and its acid metabolite the study. The NOEL for maternal 22202. Comments and data may also be quizalofop-p [R-(2-[4-((6- toxicity is established at 20 mg/kg/day submitted to OPP by sending electronic chloroquinoxalin-2yl)oxy)phenoxy]) based on decreases in food consumption mail (e-mail) to: opp- propanoic acid], and the S enantiomers and body weight gain at 60 mg/kg/day [email protected]. of both the ester and the acid, all (HDT). Electronic comments must be expressed as quizalofop-p-ethyl ester, in 7. A two-generation reproduction submitted as an ASCII file avoiding the or on the raw agricultural commodity study in rats fed diets containing 0, 25, use of special characters and any form pineapple at 0.1 part per million (ppm). 100 and 400 ppm (equivalent to 0, 1.25, of encryption. Comments and data will IR-4 proposed that use of quizalofop 5, and 20 mg/kg/day with a NOEL for also be accepted on disks in ethyl on pineapple be limited to Hawaii developmental toxicity at 25 ppm based WordPerfect 5.1 file format or ASCII file based on the geographical on an increase in liver weight and format. All comments and data in representation of the residue data increase in the incidence of electronic form must be identified by submitted. Additional residue data will eosinophillic changes in the liver at 100 the docket number [PP 5E4590/P652]. be required to expand the area of usage. ppm. The NOEL for parental toxicity is Electronic comments on this proposed Persons seeking geographically broader established at 100 ppm based on Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Proposed Rules 18537 decreased body weight and premating quizalofop-p ethyl ester do not Electronic comments must be weight gain in males at the 400 ppm concentrate in the processed submitted as an ASCII file avoiding the dose level. commodities juice or wet pulp use of special characters and any form 8. Mutagenicity data included gene (pineapple process residue) . of encryption. mutation assays with E. coli and S. The nature of the residue in pineapple The official record for this typhimurium (negative); DNA damage is adequately understood for the rulemaking, as well as the public assays with B. subtilis (negative); and a purposes of this tolerance. An adequate version, as described above will be kept chromosomal aberration test in Chinese analytical method (HPLC-UV) is in paper form. Accordingly, EPA will hamster cells (negative). OPP’s Health available for enforcement purposes. transfer all comments received Effects Division, Carcinogenicity Peer Prior to its publication in the Pesticide electronically into printed, paper form Review Committee (CPRC) has Analytical Manual, Volume II (PAM II), as they are received and will place the evaluated the rat and mouse cancer the enforcement method is being made paper copies in the official rulemaking studies for quizalofop ethyl along with available in the interim to anyone who record which will also include all other relevant short-term toxicity is interested in pesticide residue comments submitted directly in writing. studies, mutagenicity studies, and enforcement from: By mail, Calvin The official rulemaking record is the structure-activity relationships. The Furlow, Public Response and Program paper record maintained at the Virginia CPRC has classified quizalofop ethyl as Resources Branch, Field Operations address in ‘‘ADDRESSES’’ at the a Group D carcinogen (not classifiable as Division (7506C), Office of Pesticide beginning of this document. to human cancer potential). The Group Programs, Environmental Protection Under Executive Order 12866 (58 FR D classification is based on an Agency, 401 M St., SW., Washington, 51735, Oct. 4, 1993), the Agency must approximate doubling in the incidence DC 20460. Office location and telephone determine whether the regulatory action of male mice liver tumors between number: Crystal Mall #2, Rm 1128, 1921 is ‘‘significant’’ and therefore subject to controls and the high dose. This finding Jefferson Davis Hwy., Arlington, VA all the requirements of the Executive was not considered strong enough to 22202, telephone: 703–305–5805. Order (i.e., Regulatory Impact Analysis, warrant the classification of a Category There are presently no actions review by the Office of Management and Budget (OMB)). Under section 3(f), the C (possible human carcinogen); the pending against the continued order defines ‘‘significant’’ as those increase was of marginal statistical registration of this chemical. actions likely to lead to a rule (1) having significance, occurred at a high dose Based on the information and data an annual effect on the economy of $100 which exceeded the predicted MTD, considered, the Agency has determined million or more, or adversely and and occurred in a study in which the that the tolerance established by concurrent control for liver tumors was materially affecting a sector of the amending 40 CFR part 180 would somewhat low as compared to the economy, productivity, competition, protect the public health. Therefore, it is historical controls, while the high dose jobs, the environment, public health or proposed that the tolerance be control group was at the upper end of safety, or State, local or tribal established as set forth below. previous historical control groups. No governments or communities (also Any person who has registered or new cancer studies are required for known as ‘‘economically significant’’); submitted an application for registration quizalofop ethyl at this time. (2) creating serious inconsistency or The Reference Dose (RfD) for of a pesticide, under the Federal otherwise interfering with an action quizalofop ethyl is calculated at 0.009 Insecticide, Fungicide, and Rodenticide taken or planned by another agency; (3) mg/kg of body weight/day. The RfD is Act (FIFRA) as amended, which materially altering the budgetary based on the NOEL of 0.9 mg/kg/day contains any of the ingredients listed impacts of entitlement, grants, user fees, from the 2–year rat feeding study, and herein, may request within 30 days after or loan programs; or (4) raising novel a uncertainty factor of 100. The publication of this notice in the Federal legal or policy issues arising out of legal theoretical maximum residue Register that this rulemaking proposal mandates, the President’s priorities, or contribution (TMRC) from existing be referred to an Advisory Committee in the principles set forth in this Executive tolerances and the proposed tolerance accordance with section 408(e) of the Order. for pineapple utilizes 2.5 percent of the FFDCA. This action does not impose any RfD for the overall U.S. population and A record has been established for this enforceable duty, or contain any 10.6 percent of the RfD for non-nursing rulemaking under docket number [PP ‘‘unfunded mandates’’ as described in infants (the population most highly 5E4590/P652] (including comments and Title II of the Unfunded Mandates exposed). EPA generally has no concern data submitted electronically as Reform Act of 1995 (Pub. L. 104–4), or for dietary exposures below 100 percent described below). A public version of require prior consultation as specified of the RfD. this record, including printed, paper by Executive Order 12875 (58 FR 58093, The nature of the residues in livestock versions of electronic comments, which October 28, 1993), entitled Enhancing is adequately understood. A bovine does not include any information the Intergovernmental Partnership, or feeding study using quizalofop ethyl claimed as CBI, is available for special consideration as required by ester shows that finite residues will inspection from 8 a.m. to 4:30 p.m., Executive Order 12898 (59 FR 7629, occur from the feeding of treated Monday through Friday, excluding legal February 16, 1994). commodities or their processed feed holidays. The public record is located in Pursuant to the terms of this items. The established tolerances in Room 1132 of the Public Response and Executive Order, EPA has determined milk, and in fat, meat, and meat Program Resources Branch, Field that this rule is not ‘‘significant’’ and is byproducts of cattle, goats, and hogs, Operations Division (7506C), Office of therefore not subject to OMB review. horses and sheep are adequate to cover Pesticide Programs, Environmental Pursuant to the requirements of the secondary residues resulting from this Protection Agency, Crystal Mall #2, Regulatory Flexibility Act (Pub. L. 96– use on pineapple. Food and feed 1921 Jefferson Davis Highway, 354, 94 Stat. 1164, 5 U.S.C. 601–612), tolerances are not required in Arlington, VA. the Administrator has determined that association with this action. EPA Electronic comments can be sent regulations establishing new tolerances concludes that the results of a pineapple directly to EPA at: or raising tolerance levels or processing study show that residues of [email protected] establishing exemptions from tolerance 18538 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Proposed Rules requirements do not have a significant yl)oxy)phenoxy)-propanoate], and its published at 61 FR 6601 on February 21, economic impact on a substantial acid metabolite quizalofop-p [R-(2-(4((6- 1996. This correction document number of small entities. A certification chloroquinoxalin-2- provides a more accurate representation statement to this effect was published in yl)oxy)phenoxy])propanoic acid], and of the Flood Insurance Study and Flood the Federal Register of May 4, 1981 (46 the S enantiomers of both the ester and Insurance Rate Map for the Town of FR 24950). the acid, all expressed as quizalofop-p- Owego, Tioga County, New York. ethyl ester, in or on the following raw List of Subjects in 40 CFR Part 180 FOR FURTHER INFORMATION CONTACT: agricultural commodities: Michael K. Buckley, P.E., Chief, Hazard Environmental protection, Identification Branch, Mitigation Administrative practice and procedure, Commodity Parts per Directorate, 500 C Street, SW., Agricultural commodities, Pesticides million Washington, DC 20472, (202) 646–2756. and pests, Reporting and recordkeeping requirements. SUPPLEMENTARY INFORMATION: The ***** Federal Emergency Management Agency Dated: April 16, 1996. Pineapple ...... 0.1 gives notice of the correction to the Peter Caulkins, Notice of Proposed Modified Determinations of base (1% annual Acting Director, Registration Division, Office [FR Doc. 96–10385 Filed 4–25–96; 8:45 am] chance) flood elevations for selected of Pesticide Programs. BILLING CODE 6560±50±F locations in the Town of Owego, previously published at 61 FR 6601 on Therefore, it is proposed that 40 CFR February 21, 1996, in accordance with part 180 be amended as follows: FEDERAL EMERGENCY Section 110 of the Flood Disaster PART 180Ð[AMENDED] MANAGEMENT AGENCY Protection Act of 1973 (Pub. L. 93–234), 87 Stat. 980, which added Section 1363 1. The authority citation for part 180 44 CFR Part 67 to the National Flood Insurance Act of continues to read as follows: [Docket No. FEMA±7164] 1968 (Title XIII of the Housing and Authority: 21 U.S.C. 346a and 371. Urban Development Act of 1968 (Pub. L. 2. In § 180.441, by adding a new Proposed Flood Elevation 90–448)), 42 U.S.C. 4001–4128, and 44 paragraph (d), to read as follows: Determinations CFR Part 67. § 180.441 Quizalofop ethyl; tolerances for AGENCY: Federal Emergency List of Subjects in 44 CFR Part 67 residues. Management Agency. Flood Insurance, Floodplains. * * * * * ACTION: Proposed rule; correction. (d) Tolerances with regional On page 6605, in the February 21, registration, as defined in § 180.1(n), are SUMMARY: This document corrects a 1996 issue of Federal Register, in the established for the combined residues of Notice of Proposed Modified fourth, fifth, and sixth column, the first the herbicide quizalofop-p ethyl ester Determinations of base (1% annual entry under ‘‘Owego (Town), Tioga [ethyl (R)-(2-[4-((6- chloroquinoxalin-2- chance) flood elevations previously County’’, is corrected to read as follows:

#Depth in feet above Source of flood- ground. *Elevation in feet State City/town/county ing Location (NGVD) Existing Modified

New Owego (Town) Susquehanna Approximately 1.4 miles downstream of Apalachin Creek ...... *823 *822 York. Tioga County. River.

(Catalog of Federal Domestic Assistance No. ACTION: Petition for rulemaking. SUPPLEMENTARY INFORMATION: 83.100, ‘‘Flood Insurance.’’) Dated: April 17, 1996. SUMMARY: The Commission seeks Petition for Rulemaking Filed; Richard W. Krimm, comment on a petition for rulemaking Commission Seeks Comment on Petition for Rulemaking Filed by Acting Associate Director for Mitigation. filed by the National Communications System requesting that the Commission National Communications System [FR Doc. 96–10374 Filed 4–25–96; 8:45 am] adopt rules to provide ‘‘priority access’’ BILLING CODE 6718±04±P Comments Due: June 3, 1996; Replies to cellular spectrum for National Security/Emergency Preparedness Due: July 2, 1996 responsiveness. The action is taken to On October 19, 1995, the National FEDERAL COMMUNICATIONS establish a record upon which to base a COMMISSION Communications System (‘‘NCS’’), decision on this issue. through the Secretary of Defense as an 47 CFR Part 64 DATES: Comments are due on or before Executive Agent of the NCS, filed a June 3, 1996, and reply comments are Petition for Rulemaking requesting the [WT Docket No. 96±86; DA 96±604] due on or before July 2, 1996. Commission to adopt rules to provide ADDRESSES: Federal Communications ‘‘priority access’’ to cellular spectrum Wireless Services; National Commission, Washington, DC 20554. Communications Services System for National Security/Emergency Petition FOR FURTHER INFORMATION CONTACT: Preparedness (NS/EP) responsiveness. Robert McNamara, Wireless Specifically, NCS requests that the AGENCY: Federal Communications Telecommunications Bureau, Private Commission establish the Cellular Commission. Wireless Division, (202) 418–0680. Priority Access Service (CPAS). Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Proposed Rules 18539

Summary of NCS Petition 96–86, Notice of Proposed Rulemaking, local FM service. Channel 255A can be The NCS contends in its petition for FCC 96–115, released April 10, 1996. allotted to Two Rivers with a site rulemaking that cellular usage by the The Commission stated that the goal of restriction 12.1 kilometers (7.5 miles) general public in emergency situations the proceeding is: southwest of the community. The leads to congestion in the cellular To develop the data necessary to evaluate coordinates for Channel 255A are 44– network, causing usage by those with the spectrum needs of public safety agencies, 03–57 and 87–39–44. We shall also NS/EP responsibilities to be severely to solicit comment on how best to meet these make an editorial correction to the FM curtailed or made impossible. Without needs, and to facilitate a transition to a Table of Allotments showing the actual communications environment in which allotment of Channel 272A at ‘‘priority access’’ to cellular spectrum, public safety agencies have access to higher the NCS argues, rescue workers are Manitowoc, Wisconsin, rather than Two quality transmission, emerging technologies, Rivers, Wisconsin. impaired by recurring surges in cellular and broader services, including the ability to usage associated with emergency communicate readily with one another DATES: Comments must be filed on or situations. The NCS cites the bombing (interoperability). before June 10, 1996, and reply of a Federal office building in Oklahoma Id. at para. 3. comments on or before June 25, 1996. City, Oklahoma, as a recent example. In addition to commenting on the ADDRESSES: Federal Communications The NCS argues that ‘‘priority access’’ to merits of the NCS petition, interested Commission, Washington, DC 20554. In cellular spectrum is essential in parties are asked to address whether and addition to filing comments with the conducting response and recovery to what extent the issues raised in the FCC, interested parties should serve the efforts. The NCS also maintains that NCS petition are related to the pending petitioner, as follows: Lyle Robert Evans action at the national level is necessary public safety rulemaking proceeding, d/b/a High Mark Radio Company, 1296 to ensure there is one uniform, WT Docket No. 96–86. Interested parties Marian Lane, Green Bay, Wisconsin nationwide cellular priority access may file comments no later than June 3, 54304. scheme. 1996. Reply comments must be filed by FOR FURTHER INFORMATION CONTACT: The term ‘‘priority access,’’ as used by July 2, 1996. All comments should be Kathleen Scheuerle, Mass Media the NCS, means that in emergencies, filed with the Office of the Secretary, Bureau, (202) 418–2180. when cellular spectrum is congested, Federal Communications Commission, authorized priority users would gain 1919 M Street, NW., Room 222, SUPPLEMENTARY INFORMATION: This is a access to the cellular radio spectrum Washington, DC 20554, referencing WT synopsis of the Commission’s Notice of before cellular telephone users not Docket No. 96–86 and the petition for Proposed Rule Making, MM Docket No. engaged in NS/EP functions. Approval rulemaking filed by the NCS. The full 96–88, adopted April 3, 1996, and of the proposed rules would (1) text of the petition, the comments, and released April 18, 1996. The full text of authorize cellular service providers to reply comments are available for this Commission decision is available provide priority access; (2) ensure that inspection and duplication during for inspection and copying during such service providers, when doing so, regular business hours in the FCC normal business hours in the are not in violation of Communications Reference Center, Federal Commission’s Reference Center (Room Act provisions barring unlawful Communications Commission, 1919 M 239), 1919 M Street, NW., Washington, discrimination or undue preference; and Street, NW., Room 239, Washington, DC DC. The complete text of this decision (3) override any existing contractual 20554. Copies may also be obtained may also be purchased from the provisions inconsistent with the rules from International Transcription Commission’s copy contractors, adopted. Service, Inc. (ITS), 2100 M Street, NW., International Transcription Services, The NCS requests that the Suite 140, Washington, DC 20037, (202) Inc., 2100 M Street, NW., Suite 140, Commission establish the Cellular 857–3800. Washington, DC 20037, (202) 857–3800. Priority Access Service (CPAS) by Provisions of the Regulatory List of Subjects in 47 CFR Part 64 amending Part 64 of the Commission’s Flexibility Act of l980 do not apply to Rules. Under the proposed CPAS rules, Civil defense. this proceeding. authorized NS/EP users would be Federal Communications Commission. Members of the public should note permitted to obtain access to cellular William F. Caton, that from the time a Notice of Proposed radio channels ahead of non-NS/EP Acting Secretary. Rule Making is issued until the matter users when cellular network congestion [FR Doc. 96–10344 Filed 4–25–96; 8:45 am] is no longer subject to Commission is blocking NS/EP call attempts. In order BILLING CODE 6712±01±P consideration or court review, all ex to obtain priority access, the authorized parte contacts are prohibited in user would dial a feature code such as Commission proceedings, such as this ‘‘*XX.’’ The service would require no 47 CFR Part 73 one, which involve channel allotments. special activation; CPAS calls would not See 47 CFR 1.1204(b) for rules preempt calls in progress. [MM Docket No. 96±88; RM±8760] governing permissible ex parte contact. Public Safety Rulemaking Radio Broadcasting Services; For information regarding proper Manitowoc and Two Rivers, WI filing procedures for comments, see 47 In a rulemaking proceeding recently CFR 1.415 and 1.420. initiated by the Commission, comment AGENCY: Federal Communications has been sought regarding present Commission. List of Subjects in 47 CFR Part 73 deficiencies in public safety wireless ACTION: Proposed rule. Radio broadcasting. communications, and spectrum needs for public safety purposes. See The SUMMARY: This document requests Federal Communications Commission. Development of Operational, Technical, comments on a petition filed by Lyle John A. Karousos, and Spectrum Requirements for Meeting Robert Evans d/b/a High Mark Radio Chief, Allocations Branch, Policy and Rules Federal, State and Local Public Safety Company, proposing the allotment of Division, Mass Media Bureau. Agency Communication Requirements Channel 255A to Two Rivers, [FR Doc. 96–10295 Filed 4–25–96; 8:45 am] Through the Year 2010, WT Docket No. Wisconsin, as that community’s first BILLING CODE 6712±01±F 18540 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Proposed Rules

47 CFR Part 73 See 47 CFR 1.1204(b) for rules Members of the public should note governing permissible ex parte contacts. that from the time a Notice of Proposed [MM Docket No. 96±87; RM±8782] For information regarding proper Rule Making is issued until the matter filing procedures for comments, see 47 is no longer subject to Commission Radio Broadcasting Services; CFR 1.415 and 1.420. consideration or court review, all ex Macomb, IL parte contacts are prohibited in List of Subjects in 47 CFR Part 73 Commission proceedings, such as this AGENCY: Federal Communications Radio broadcasting. one, which involve channel allotments. Commission. Federal Communications Commission. See 47 CFR 1.1204(b) for rules ACTION: Proposed rule. John A. Karousos, governing permissible ex parte contact. For information regarding proper SUMMARY: The Commission requests Chief, Allocations Branch, Policy and Rules filing procedures for comments, see 47 comments on a petition filed by WMS1, Division, Mass Media Bureau. CFR 1.415 and 1.420. Inc., proposing the allotment of Channel [FR Doc. 96–10294 Filed 4–25–96; 8:45 am] 240A at Macomb, Illinois, as the BILLING CODE 6712±01±F List of Subjects in 47 CFR Part 73 community’s third local commercial FM Radio broadcasting. transmission service. Channel 240A can be allotted to Macomb in compliance 47 CFR Part 73 Federal Communications Commission. with the Commission’s minimum John A. Karousos, distance separation requirements with a [MM Docket No. 96±80; RM±8758] Chief, Allocations Branch, Policy and Rules Division, Mass Media Bureau. site restriction of 0.5 kilometers (0.3 Radio Broadcasting Services; [FR Doc. 96–10292 Filed 4–25–96; 8:45 am] miles) south to a void a short-spacing to Deerfield, MO the licensed site of Station KMXG(FM), BILLING CODE 6712±01±F Channel 241C1, Clinton, Iowa. The AGENCY: Federal Communications coordinates for Channel 240A at Commission. 47 CFR Part 73 Macomb are North Latitude 40–27–09 ACTION: Proposed rule. and West Longitude 90–40–12. [MM Docket No. 96±75; RM±8781] DATES: Comments must be filed on or SUMMARY: This document requests before June 10, 1996 and reply comments on a petition filed by Dale Radio Broadcasting Services; comments on or before June 25, 1996. Hendrix proposing the allotment of Reynoldsville, PA Channel 261C3 to Deerfield, Missouri, ADDRESSES: Federal Communications AGENCY: Federal Communications Commission, Washington, DC 20554. In as that community’s first local service. The coordinates for Channel 261C3 are Commission. addition to filing comments with the ACTION: Proposed rule. FCC, interested parties should serve the 37–49–41 and 94–29–32. There is a site restriction 1.8 kilometers (1.1 mile) petitioner, or its counsel or consultant, SUMMARY: The Commission requests southeast of Deerfield. as follows: Larry Williams, WMS1, Inc., comments on a petition filed by Priority 2901 S. Holmes Ave., Springfield, DATES: Comments must be filed on or Communications, Inc. seeking the Illinois 62704 (Petitioner). before June 10, 1996, and reply substitution of Channel 293A for FOR FURTHER INFORMATION CONTACT: comments on or before June 25, 1996. Channel 258A at Reynoldsville, PA, and Sharon P. McDonald, Mass Media ADDRESSES: Federal Communications the modification of Station WDSN(FM)’s Bureau, (202) 418–2180. Commission, Washington, DC 20554. In license to specify the alternate Class A SUPPLEMENTARY INFORMATION: This is a addition to filing comments with the channel. The modification of Station synopsis of the Commission’s Notice of FCC, interested parties should serve the WDSN(FM)’s license to Channel 293A Proposed Rule Making, MM Docket No. petitioner, as follows: Dale Hendrix, 872 could enable the station to increase its 96–87, adopted April 3, 1996, and Allen Road, Murfreesboro, Tennessee power from 3 kW to 6 kW. Channel released April 18, 1996. The full text of 37129. 293A can be allotted to Reynoldsville in this Commission decision is available FOR FURTHER INFORMATION CONTACT: compliance with the Commission’s for inspection and copying during Kathleen Scheuerle, Mass Media minimum distance separation normal business hours in the FCC Bureau, (202) 418–2180. requirements and can be used at Station Reference Center (Room 239), 1919 M SUPPLEMENTARY INFORMATION: This is a WDSN(FM)’s present transmitter site, at Street, NW., Washington, DC. The synopsis of the Commission’s Notice of coordinates 41–08–41 NL and 78–52–41 complete text of this decision may also Proposed Rule Making, MM Docket No. WL. Competing expressions of interest be purchased from the Commission’s 96–80, adopted March 27, 1996, and in use of Channel 293A at Reynoldsville copy contractor, International released April 18, 1996. The full text of will not be accepted since the Transcription Service, Inc., (202) 857– this Commission decision is available provisions of Section 1.420(g) do not 3800, 2100 M Street, NW., Suite 140, for inspection and copying during apply in cases where no change in the Washington, DC 20037. normal business hours in the class of the channel is proposed. Provisions of the Regulatory Commission’s Reference Center (Room Canadian concurrence in the allotment Flexibility Act of 1980 do not apply to 239), 1919 M Street, NW., Washington, is required since Reynoldsville is this proceeding. DC. The complete text of this decision located within 320 kilometers (200 Members of the public should note may also be purchased from the miles) of the U.S.-Canadian border. that from the time a Notice of Proposed Commission’s copy contractors, DATES: Comments must be filed on or Rule Making is issued until the matter International Transcription Services, before June 10, 1996, and reply is no longer subject to Commission Inc., 2100 M Street, NW., Suite 140, comments on or before June 25, 1996. consideration or court review, all ex Washington, DC 20037, (202) 857–3800. ADDRESSES: Federal Communications parte contacts are prohibited in Provisions of the Regulatory Commission, Washington, DC 20554. In Commission proceedings, such as this Flexibility Act of l980 do not apply to addition to filing comments with the one, which involve channel allotments. this proceeding. FCC, interested parties should serve the Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Proposed Rules 18541 petitioner, or its counsel or consultant, Hobbs in compliance with the 47 CFR Part 73 as follows: John F. Garziglia, Esq., Commission’s minimum distance [MM Docket No. 96±76; RM±8770] Pepper & Corazzini, L.L.P., 1776 K separation requirements without the Street, NW., Suite 200, Washington, DC imposition of a site restriction, at Radio Broadcasting Services; 20006 (Counsel to petitioner). coordinates 32–42–00 NL; 103–07–54 Nekoosa, WI FOR FURTHER INFORMATION CONTACT: WL. Mexican concurrence is required Leslie K. Shapiro, Mass Media Bureau, since Hobbs is located within 320 AGENCY: Federal Communications (202) 418–2180. kilometers (199 miles) of the U.S.- Commission. SUPPLEMENTARY INFORMATION: This is a Mexican border. ACTION: Proposed rule. synopsis of the Commission’s Notice of DATES: Comments must be filed on or SUMMARY: This document requests Proposed Rule Making, MM Docket No. before June 10, 1996, and reply comments on a petition filed by Lyle R. 96–75, adopted March 25, 1996, and comments on or before June 25, 1996. Evans d/b/a The Radio Company, released April 18, 1996. The full text of ADDRESSES: proposing the allotment of Channel this Commission decision is available Federal Communications Commission, Washington, DC 20554. In 288A to Nekoosa, Wisconsin, as that for inspection and copying during community’s second FM broadcast normal business hours in the FCC addition to filing comments with the FCC, interested parties should serve the service. There is a site restriction 11.9 Reference Center (Room 239), 1919 M kilometers (7.4 miles) west of the Street, NW., Washington, DC. The petitioner, or its counsel or consultant, as follows: Johnny P. Garcia, President, community at coordinates 44–18–33 complete text of this decision may also and 90–03–10. be purchased from the Commission’s Great Plains Broadcasting Co., Inc., P.O. copy contractor, International Box 5131, Hobbs, NM 88240 DATES: Comments must be filed on or Transcription Services, Inc., (202) 857– (Petitioner). before June 10, 1996, and reply comments on or before June 25, 1996. 3800, 2100 M Street, NW., Suite 140, FOR FURTHER INFORMATION CONTACT: Washington, DC 20037. Leslie K. Shapiro, Mass Media Bureau, ADDRESSES: Federal Communications Provisions of the Regulatory (202) 418–2180. Commission, Washington, DC 20554. In Flexibility Act of 1980 do not apply to addition to filing comments with the SUPPLEMENTARY INFORMATION: This is a this proceeding. FCC, interested parties should serve the synopsis of the Commission’s Notice of Members of the public should note petitioner, as follows: Lyle R. Evans d/ Proposed Rule Making, MM Docket No. that from the time a Notice of Proposed b/a The Radio Company, 1296 Marian 96–77, adopted March 22, 1996, and Rule Making is issued until the matter Lane, Green Bay, Wisconsin 54304. released April 18, 1996. The full text of is no longer subject to Commission FOR FURTHER INFORMATION CONTACT: this Commission decision is available consideration or court review, all ex Kathleen Scheuerle, Mass Media for inspection and copying during parte contacts are prohibited in Bureau, (202) 418–2180. normal business hours in the FCC Commission proceedings, such as this Reference Center (Room 239), 1919 M SUPPLEMENTARY INFORMATION: This is a one, which involve channel allotments. Street, NW., Washington, DC. The synopsis of the Commission’s Notice of See 47 CFR 1.1204(b) for rules complete text of this decision may also Proposed Rule Making, MM Docket No. governing permissible ex parte contacts. be purchased from the Commission’s 96–76, adopted March 11, 1996, and For information regarding proper copy contractor, International released April 18, 1996. The full text of filing procedures for comments, see 47 Transcription Services, Inc., (202) 857– this Commission decision is available CFR 1.415 and 1.420. 3800, 2100 M Street, NW., Suite 140, for inspection and copying during List of Subjects in 47 CFR Part 73 Washington, DC 20037. normal business hours in the Commission’s Reference Center (Room Radio broadcasting. Provisions of the Regulatory 239), 1919 M Street, NW., Washington, Federal Communications Commission. Flexibility Act of 1980 do not apply to DC. The complete text of this decision this proceeding. John A. Karousos, may also be purchased from the Chief, Allocations Branch, Policy and Rules Members of the public should note Commission’s copy contractors, Division, Mass Media Bureau. that from the time a Notice of Proposed International Transcription Services, [FR Doc. 96–10291 Filed 4–25–96; 8:45 am] Rule Making is issued until the matter Inc., 2100 M Street, NW., Suite 140, is no longer subject to Commission BILLING CODE 6712±01±F Washington, DC 20037, (202) 857–3800. consideration or court review, all ex Provisions of the Regulatory parte contacts are prohibited in Flexibility Act of l980 do not apply to 47 CFR Part 73 Commission proceedings, such as this this proceeding. one, which involve channel allotments. Members of the public should note [MM Docket No. 96±77; RM±8780] See 47 CFR 1.1204(b) for rules that from the time a Notice of Proposed governing permissible ex parte contacts. Radio Broadcasting Services; Hobbs, Rule Making is issued until the matter NM For information regarding proper is no longer subject to Commission filing procedures for comments, see 47 consideration or court review, all ex AGENCY: Federal Communications CFR 1.415 and 1.420. parte contacts are prohibited in Commission. Commission proceedings, such as this List of Subjects in 47 CFR Part 73 ACTION: Proposed rule. one, which involve channel allotments. Radio broadcasting. See 47 CFR 1.1204(b) for rules SUMMARY: The Commission requests governing permissible ex parte contact. comments on a petition filed by Great Federal Communications Commission. For information regarding proper Plains Broadcasting Co., Inc., seeking John A. Karousos, filing procedures for comments, see 47 the allotment of Channel 279A to Chief, Allocations Branch, Policy and Rules CFR 1.415 and 1.420. Hobbs, NM, as the community’s fifth Division, Mass Media Bureau. local FM and seventh local aural [FR Doc. 96–10290 Filed 4–25–96; 8:45 am] List of Subjects in 47 CFR Part 73 service. Channel 279A can be allotted to BILLING CODE 6712±01±F Radio broadcasting. 18542 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Proposed Rules

Federal Communications Commission. John A. Karousos, Chief, Allocations Branch, Policy and Rules Division, Mass Media Bureau. [FR Doc. 96–10289 Filed 4–25–96; 8:45 am] BILLING CODE 6712±01±F 18543

Notices Federal Register Vol. 61, No. 82

Friday, April 26, 1996

This section of the FEDERAL REGISTER provide assistance. The agency invites facilities at alpine ski areas managed by contains documents other than rules or written comments and suggestions on the private sector.’’ In addition, the proposed rules that are applicable to the the scope of the analysis. In addition, Forest Plan states that, ‘‘The Forest will public. Notices of hearings and investigations, the agency gives notice of the full not consider developing any completely committee meetings, agency decisions and environmental analysis and decision- new alpine ski areas.’’ Indicating a rulings, delegations of authority, filing of petitions and applications and agency making process that will occur on the direction to emphasize the continued statements of organization and functions are proposal so that interested and affected operation of current ski areas. Skiing on examples of documents appearing in this people are aware of how they may the White Mountain National Forest section. participate and contribute to the final accounted for about 17 percent of the decision. total recreational use on the Forest, and DATES: Comments concerning the scope uses about 3,500 acres or 0.4 percent of AFRICAN DEVELOPMENT of the analysis must be received by June the Forest, and use about 3,500 acres or FOUNDATION 10, 1996. 0.4 percent of the Forest. Waterville ADDRESSES: Submit written comments Valley Ski Area is an integral part of the Board of Directors Meeting; Sunshine and suggestions concerning the scope of Forest partnership in providing these Act Meeting the analysis to Donna Hepp, Forest recreation opportunities. TIME: 12:00 noon—3:00 p.m. Supervisor, White Mountain National Snowmaking is essential to a quality Forest, 719 Main St., Laconia, New downhill skiing experience, and as PLACE: ADF Headquarters. Hampshire 03246. such, important in maintaining the DATE: Wednesday, May 1, 1996. FOR FURTHER INFORMATION CONTACT: economic viability of the area and the STATUS: Open. Direct questions about the proposed partnership. Waterville Valley currently Agenda action and environmental impact withdraws water directly from the Mad River, which has historically been an 12:00 noon—Lunch statement to Fred Kacprzynski, 12:30—Chairman’s Report Waterville Valley Snowmaking extremely unreliable source of water. 12:45 p.m.—President’s Report Impoundments Coordinator, White The intent of Waterville Valley Ski Area 1:30 p.m.—Other Mountain National Forest, 719 Main is to provide enough water to fully cover the existing trail system three times If you have any questions or Street, Laconia, New Hampshire 03246, phone: 603–528–8721. during the winter,while increasing the comments, please direct them to Ms. minimum flow of the Mad River from Janis McCollim, Executive Assistant to SUPPLEMENTARY INFORMATION: Skiing is the currently permitted minimum flow the President, who can be reached at an important component of the of 0.50 csm to the calculated February (202) 673–3916. recreational opportunities offered by the National Forests. The enabling Median Flow (FMF) of 0.75 csm. William R. Ford, authorities of the USDA-Forest Service Utilizing the current system (without President. are contained in many laws enacted by snowmaking impoundments), with a [FR Doc. 96–10530 Filed 4–24–96; 12:57 pm] Congress and the regulations and direct withdrawal at 0.75 csm, BILLING CODE 6116±01±M administrative directives that Waterville Valley could only provide implement these laws. The major laws full coverage 9 percent of the time. The include, the Organic Administrative Act goal of the ski area is to provide DEPARTMENT OF AGRICULTURE of 1897, the Weeks Act of 1911, the coverage 95 percent the time. Multiple-Use Sustained Yield Act of As a result, Waterville Valley Ski Area Forest Service 1960, the Forest and Rangeland Ltd, has proposed to construct water Renewable Resources Planning Act of storage impoundments to augment Waterville Valley Ski Area Ltd. water withdrawal from the Mad River in Snowmaking Ponds 1974, the National Forest Management Act of 1976 and the National Forest Ski order to provide a reliable and sufficient AGENCY: Forest Service, USDA. Area Permit Act of 1986. Ski area source of water to meet this goal. Their ACTION: Notice of intent to prepare an operations are consistent with the proposal is a combination of four to five environmental impact statement. recreation objectives of the National sites with a total capacity of 130 million Forests. gallons in concert with the 100 million SUMMARY: The Forest Service will It is the policy of the Forest Service gallons available directly from the Mad prepare an environmental impact to meet downhill skiing demand on River. Impoundment locations are near statement for Waterville Valley Ski Area National Forest Lands by partnering the existing Ski Area permit, they are in Ltd.’s proposal to construct snowmaking with the private sector. The National Management Areas 2.1 and/or 3.1. impoundments on the Pemigewasset Recreation Strategy (USDA-Forest Proposed locations have been reviewed Ranger District, White Mountain Service 1988a) details the Forest Service by the proponent based on screening National Forest, Grafton County, New role in increasing outdoor recreation on factors including, operating costs, land Hampshire. The New Hampshire National Forests through partnerships availability, pond volume and Department of Environmental Services such as those with the ski industry. environmental impact. has been asked to participate as a The intent of ski areas as noted in the Tentative issues which have been cooperating agency. The U.S. Corps of White Mountain National Forest plan is identified include, (1) changing water Engineers the Fish and Wildlife Service, to, ‘‘Broaden the range of recreation withdrawal limits from the current Department of the Interior and the Town opportunities by recognizing the approved .50 csm to the FMF of .75 of Waterville Valley have been asked to potential for year-round recreation csm., (2) visual, (3) safety of the dams, 18544 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices

(4) continued implementation of the availability of the DEIS in the Federal comments, responses, environmental Forest Plan and (5) economics. In Register. consequences discussed in the FEIS, preparing the environmental impact The comment period on the draft and applicable laws, regulations, and statement, the Forest Service will environmental impact statement will be policies in making a decision regarding consider the proposal against a range of 45 days from the date the this proposal. The responsible official reasonable alternatives to address issues Environmental Protection Agency’s will document the decision and reasons identified through scoping. Alternatives notice of availability appears in the for the decision on the Record of may be other combinations of potential Federal Register. Decision. The decision will be subject to sites, on demand sources of supply, The Forest Service believes that, at appeal under 36 CFR 217 and 36 CFR (direct withdrawal, wells) and the this early stage, it is important to give 251. required No Action Alternative. reviewers notice of several court rulings related to public participation in the Dated: April 22, 1996. Permtis and licenses to implement the [FR Doc. 96–10359 Filed 4–25–96; 8:45 am] proposed action may include a environmental review process. First BILLING CODE 3410±11±M Wetlands Permit, State of New reviewers of draft environmental impact Hampshire dam permits and Alteration statements must structure their participation in the environmental of Terrain permit. The issuing authority Rural Housing Service will be a term special use permit under review of the proposal so that it is the Term Permit Act of March 4, 1915 meaningful and alerts an agency to the Notice of Request for Extension of a as amended (16 U.S.C. 497). reviewer’s position and contentions. Currently Approved Information Donna Hepp, Forest Supervisor, Vermont Yankee Nuclear Power Corp. v. Collection White Mountain National Forest, 719 NRDC, 435 U.S. 519, 553 (1978). Also, Main Street, Laconia, New Hampshire, environmental objections that could be AGENCY: Rural Housing Service, USDA. is the responsible official. raised at the draft environmental impact ACTION: Proposed collection; comments Public participation will be important stage that are not raised until after request. at several points during the analysis. completion of the final environmental impact statement may be waived or SUMMARY: In accordance with the The first point is during the scoping dismissed by the courts. City of Angoon Paperwork Reduction Act of 1995, this process (40 CFR 1501.7). The Forest v. Hodel, 803 F. 2d 1016, 1022 (9th cir. notice announces the Rural Housing Service will be seeking information and 1986) and Wisconsin Heritages, Inc. v. Service (RHS) intention to request an comments from Federal, State, and local Harris, 490 F. Supp. 1334, 1338 (E.D. extension for a currently approved agencies and other individuals or Wis. 1980). Because of these court information collection in support of the organizations who may be interested in rulings, it is very important that those program for the Housing Preservation or affected by the proposed action. This interested in this proposed action Grant Program. input will be used in preparation of the participate by responding to the DEIS by DATES: Comments on this notice must be draft environmental impact statement the close of the 45 day comment period received by June 25, 1996 to be assured (DEIS). The scoping process includes; so that substantive comments and of consideration. 1. Identifying potential issues. objections are made available to the FOR FURTHER INFORMATION CONTACT: Sue 2. Identifying issues to be analyzed in Forest Service at a time when it can depth. M. Harris-Green, Senior Loan Specialist, meaningfully consider them and RHS, U.S. Department of Agriculture, 3. Eliminating insignificant issues or respond to them in the final those which have been covered by a AG BOX 0781, Washington, D.C. 20250, environmental impact statement. Telephone (202) 720–1606. relevant previous environmental To assist the Forest Service in analysis. identifying and considering issues and SUPPLEMENTARY INFORMATION: 4. Exploring additional alternatives. concerns on the proposed action, Title: RHS/Housing Preservation 5. Identifying potential environmental comments on the draft environmental Grant Program. effects of the proposed action and impact statement should be as specific OMB Number: 0575–0115. alternatives (i.e., direct, indirect, and as possible. It is also helpful if Expiration Date of Approval: July 31, cumulative effect and connected comments refer to specific pages or 1996. actions). chapters of the draft statement. Type of Request: Extension of a 6. Determining potential cooperating Comments may also address the currently approved information agencies and task assignments. adequacy of the draft environmental collection. The State of New Hampshire impact statement or the merits of the Abstract: The primary purpose of the Department of Environmental Services alternatives formulated or discussed in Housing Preservation Grant Program is has been invited to participate as a the statement. Reviewers may wish to to repair or rehabilitate individual cooperating agency. The Fish and refer to the Council on Environmental housing, rental properties, or co-ops Wildlife Service, Department of the Quality Regulations for implementing owned or occupied by very low- and Interior, the U.S. Corps of Engineers and the procedural provisions of the low-income rural persons. Grantees will the Town of Waterville Valley have National Environmental Policy Act at 40 provide eligible homeowners, owners of been informed and will be assisting in CFR 1503.3 in addressing these points. rental properties, and owners of co-ops the analysis. After the comment period ends on the with financial assistance through loans, Public scoping meetings will be held DEIS, the comments will be analyzed grants, interest reduction payments or in the Spring of 1996. Meeting dates and considered by the Forest Service in other comparable financial assistance will be advertised in the media. preparing the final environmental for necessary repairs and rehabilitation The draft environmental impact impact statement (FEIS). The FEIS is of dwellings to bring them up to code statement (DEIS) is expected to be filed scheduled to be completed by the Fall or minimum property standards. with the Environmental Protection of 1996. In the FEIS the Forest Service These grants were established by Agency (EPA) and to be available for is required to respond to the comments Public Law 98–181, the Housing Urban- public review in Summer, 1996. At that received (40 CFR 1503.4). The Rural Recovery Act of 1983, which time EPA will publish a notice of responsible official will consider the amended the Housing Act of 1979 (Pub. Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices 18545

L. 93–383) by adding section 533, 42 the methodology and assumptions used; concerning the Voting and Registration U.S.C. § 2490(m), Housing Preservation (c) ways to enhance the quality, utility Supplement to be conducted in Grants (HPG). In addition, the Secretary and clarity of the information to be conjunction with the November 1996 of Agriculture has authority to prescribe collected; and (d) ways to minimize the Current Population Survey (CPS). Title rules and regulations to implement HPG burden of the collection of information 13, United States Code, Section 182; and and other programs under 42 U.S.C. on those who are to respond, including Title 29, United States Code, Sections § 1480(j). through the use of appropriate 1–9, authorize the collection of this Section 533(d) is prescriptive about automated, electronic, mechanical, or information. The Census Bureau the information applicants are to submit other technological collection sponsors these questions, which have to RHS as part of their application and techniques or other forms of information been collected biennially in the CPS in the assessments and criteria RHS is technology. Comments may be sent to since 1964. to use in selecting grantees. An Director, Regulations and Paperwork This survey has provided statistical applicant is to submit a ‘‘statement of Management Division, U.S. Department information for tracking historical activity’’ describing its proposed of Agriculture, RECD, Ag Box 0743, 14th trends of voter and nonvoter program, including the specific and Independence Avenue, SW., characteristics in each Presidential and/ activities it will undertake, and its Washington, DC 20250. All responses to or Congressional election since 1964. schedule. RHS is required in turn to this notice will be summarized and The data collected from the November evaluate proposals on a set of prescribed included in the request for OMB supplement relates demographic criteria, for which the applicant will approval. All comments will also characteristics (age, sex, race, education, also have to provide information, such become a matter of public record. occupation, and income) to voting and as: (1) very low- and low-income Dated: April 17, 1996. nonvoting behavior. The November CPS persons proposed to be served by the Maureen Kennedy, supplement is the only source of data repair and rehabilitation activities; (2) Administrator, Rural Housing Service. that provides a comprehensive set of participation by other public and voter and nonvoter characteristics [FR Doc. 96–10321 Filed 4–25–96; 8:45 am] private organizations to leverage funds distinct from independent surveys, and lower the cost to the HPG program; BILLING CODE 3410±07±U media polls, or other outside agencies. (3) the area to be served in terms of Federal, state, and local election population size and need; (4) cost data officials use these data to formulate to assure greatest degree of assistance at DEPARTMENT OF COMMERCE policies relating to the voting and lowest cost; (5) administrative costs Bureau of the Census registration process. College projected; and (6) administrative institutions, political party committees, capacity of the applicant to carry out the Current Population Survey (CPS) research groups, and other private program. The information collected will Voting and Registration Supplement; organizations also use the voting and be the minimum required by law and by Proposed Agency Information registration data. the necessity for RHS to assure that it Collection Activity; Comment Request funds responsible grantees proposing II. Method of Collection feasible projects in areas of greatest SUMMARY: The Department of The voting and registration need. Most data are taken from a Commerce, as part of its continuing information will be collected by both localized area, although some are effort to reduce paperwork and personal visit and telephone interviews derived from census reports of city, respondent burden, invites the general in conjunction with the regular county and Federal governments public and other Federal agencies to November CPS interviewing. All showing population and housing take this opportunity to comment on interviews are conducted using characteristics. proposed and/or continuing information computer-assisted interviewing. Estimate of Burden: Public reporting collections, as required by the burden for this collection of information Paperwork Reduction Act of 1995, III. Data is estimated to average .96 hour per Public Law 104–13 (44 U.S.C. OMB Number: 0607–0466. response. 3506(c)(2)(A)). Form Number: There are no forms. Respondents: A public body or a DATES: Submit written comments on or We conduct all interviewing on public or private nonprofit corporation. before June 25, 1996. computers. Estimated number of respondents: ADDRESSES: Direct all written comments Type of Review: Regular. 1,850 to Linda Engelmeier, Acting Affected Public: Individuals or Estimated number of responses per Departmental Forms Clearance Officer, households. respondent: 6.5. Department of Commerce, Room 5327, Estimated Number of Respondents: Estimated Total Annual Burden on 14th and Constitution Avenue NW., 48,000. Respondents: 11,614 hours. Estimated Time Per Response: 1.2 Washington, DC 20230. Copies of this information collection minutes. can be obtained from the Director, FOR FURTHER INFORMATION CONTACT: Estimated Total Annual Burden Regulations and Paperwork Requests for additional information or Hours: 960. Management Division at (202) 720– copies of the information collection Estimated Total Annual Cost: 9725. instrument(s) and instructions should $250,000. Comments: Comments are invited on: be directed to Julia Williams, Bureau of (a) whether the proposed collection of the Census, FOB 3, Room 3340, IV. Request for Comments information is necessary for the proper Washington, DC 20233- 8400, (301) Comments are invited on: (a) whether performance of the functions of the 457–3806. the proposed collection of information agency, including whether the SUPPLEMENTARY INFORMATION: is necessary for the proper performance information will have practical utility; of the functions of the agency, including (b) the accuracy of the agency’s estimate I. Abstract whether the information shall have of the burden of the proposed collection The U.S. Census Bureau is requesting practical utility; (b) the accuracy of the of information including the validity of clearance for the collection of data agency’s estimate of the burden 18546 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices

(including hours and cost) of the they also will become a matter of public Economic Development proposed collection of information; (c) record. Administration ways to enhance the quality, utility, and Dated: April 23, 1996. clarity of the information to be Notice of Petitioners by Producing Linda Engelmeier, collected; and (d) ways to minimize the Firms for Determination of Eligibility to burden of the collection of information Acting Department Forms Clearance Officer, Apply for Trade Adjustment Office of Management and Organization. on respondents, including through the Assistance [FR Doc. 96–10408 Filed 4–25–96; 8:45 a.m.] use of automated collection techniques AGENCY: Economic Development or other forms of information BILLING CODE 3510±07±P Administration (EDA), Commerce. technology. ACTION: To give firms an opportunity to Comments submitted in response to comment. this notice will be summarized and/or included in the request for OMB Petitions have been accepted for filing approval of this information collection; on the dates indicated from the firms listed below.

LIST OF PETITION ACTION BY TRADE ADJUSTMENT ASSISTANCE FOR PERIOD 03/16/96±04/17/96

Date Firm name Address petition Product accepted

Artistic Plastics, Inc ...... 1435 South Vernon St., Anaheim, CA 92805 03/29/96 Custom Injection Molded Plastic Component Parts. Aviat Aircraft, Inc ...... 672 South Washington Street, Afton, WY 04/01/96 Light Aircraft. 83110. Berwick Lighting Corporation .... 335 South Poplar Street, Berwick, PA 18603 04/03/96 Recessed Lighting Fixtures. Burle Industries, Inc ...... 1000 New Holland Avenue, Lancaster, PA 04/05/96 Electronic Conversion Tubes and Electronic 17601. Power Tubes. C & N Packaging Inc ...... 105 Wyandanch Avenue, Wyandanch, NY 03/26/96 Fragrance. 11798. Cryo Industries of America, Inc 11 Industrial Way, Atkinson, NH 03810 ...... 04/05/96 Cryogenic Equipment and Ancillary Parts. Empire Manufacturing Co ...... 145 Georgia Avenue, P.O. Box 489 Winder, 04/12/96 Men's Trousers and Shorts GA 30680. Ferrell Reed, Ltd ...... 5571 Arapahoe Road, Boulder, CO 80303 ...... 03/26/96 Ties, Bow Ties and Cravats, of Silk. Fox Manufacturing Co ...... 32535 South River Road, Harrison Twp., MI 04/03/96 Screw Machine Products. 48045. Future Equipment, Inc ...... 6901 90th Avenue North, Pinellas, FL 34666 04/05/96 Exercise Equipment. H.P. Nelson Tool Company, Inc 535 John Dietsch Blvd., Attleboro Falls, MA 04/05/96 Plastic Temple Tips for Eyeglasses, Parts and 02763. Molds. Juno Enterprises, Inc ...... 11490 Xeon Street, Coon Rapids, MN 55448 04/03/96 Coils of Wound Copper Wire, and Printer Heads for DOT Matrix Printers, of Wire, Chassis, Springs. Kitayama Brothers, Inc ...... 13239 Weld County Rd., #4, Brighton, CO 04/12/96 Roses. 80601. L & K Assembly, Inc ...... 9325 Pineneedle Drive, Mentor, OH 44060 ..... 03/29/96 Circuit Board Assemblies, Cable Assemblies and Wire Harnesses. Lafayette Apparel Producers, 509 College Street, Lafayette, TN 37083 ...... 03/27/96 Men's Shirts of Cotton and Cotton Blends. Inc. Midwest Grain Products, Inc ..... 1300 Main Street, Atchison, KS 66002 ...... 04/08/96 Wheat Gluten. Nu-Metal Creations, Inc ...... 148±19 Liberty Avenue, Jamaica, NY 11435 ... 03/29/96 Trophies, Souvenirs and Promotional Sculp- tures Made of Zinc. Ozark Mountain Enterprises, Inc HC73, Box 427, Mountain View, AR 72560 ..... 04/11/96 Lighting Fixtures. Pawnee Tee's ...... 635 Illinois, P.O. Box 363, Pawnee, OK 74058 03/29/96 Men's and Boy's Tee Shirts. Rand Machine Products, Inc ..... P.O. Box 72, Falconer, NY 14733 ...... 04/15/96 Metal Parts of Bombs and Shock Absorbers for Railcars. Rex Furniture Company, Inc ..... 3738 Rex Road, Rex, GA 30273 ...... 04/05/96 Wood Dining Room and Kitchen Chairs and Tables. Ribbon Marrow Fabric Com- 565 Winsor Drive, P.O. Box 2307, Secaucus, 03/29/96 Fused-Edge Ribbons Made of Acetate, Vinyl pany, Inc. NJ 07094. Plastics and Polypropylene. The Smith Truss Company ...... P.O. Box 19007, Topeka, KS 66619 ...... 04/05/96 Industrial Back Supports. Thomas C. Wilson, Inc ...... 21±11±44th Avenue, Long Island City, NY 04/04/96 Tube Expanders for Boilers. 11101±5088. Webb Industries, Inc ...... 402 E. Broadway, Webb City, MO 64870 ...... 04/05/96 Industrial Machines to Bend or Curve Metal. Western States Industries, Inc P.O. Box 855, Choteau, MT 59422±0855 ...... 04/12/96 Alfalfa Pellets, Sun-Cured, Cattle Feed and Swine Feed.

The petitions were submitted Commerce has initiated separate with those produced by each firm pursuant to Section 251 of the Trade Act investigations to determine whether contributed importantly to total or of 1974 (19 U.S.C. 2341). Consequently, increased imports into the United States partial separation of the firm’s workers, the United States Department of of articles like or directly competitive or threat thereof, and to a decrease in Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices 18547 sales or production of each petitioning Register (FTZ Docket 78–95, 60 FR Commerce, 14th Street and Constitution firm. 61527, 11/30/95); and, Avenue, N.W., Washington, D.C. 20230, Any party having a substantial Whereas, the Board adopts the telephone (202) 482–3793 or fax (202) interest in the proceedings may request findings and recommendations of the 482–1388. a public hearing on the matter. A examiner’s report, and finds that the SUPPLEMENTARY INFORMATION: request for a hearing must be received requirements of the FTZ Act and by the Trade Adjustment Assistance Board’s regulations are satisfied, and Background Division, Room 7023, Economic that approval of the application is in the On August 24, 1995, the Department Development Administration, U.S. public interest; published in the Federal Register (60 Department of Commerce, Washington, Now, therefore, the Board hereby FR 44006) the preliminary results of the DC 20230, no later than the close of authorizes the establishment of a administrative review of the business of the tenth calendar day subzone (Subzone 82D) at the Sony antidumping duty order on corrosion- following the publication of this notice. Magnetic Products Inc. of America plant resistant carbon steel flat products from in Dothan, Alabama, at the locations The Catalog of Federal Domestic Korea (58 FR 44159—August 19, 1993). Assistance official program number and title described in the application, subject to The Department has now completed this of the program under which these petitions the FTZ Act and the Board’s regulations, administrative review in accordance are submitted is 11.313. Trade Adjustment including § 400.28. with section 751 of the Tariff Act of Assistance. Signed at Washington, DC, this 19th day of 1930, as amended (‘‘the Act’’). Dated: April 19, 1996. April 1996. Applicable Statute and Regulations Lewis R. Podolske, Susan G. Esserman, Director, Trade Adjustment Assistance Assistant Secretary of Commerce for Import Unless otherwise indicated, all Division. Administration, Alternate Chairman, Foreign- citations to the statute and to the [FR Doc. 96–10402 Filed 4–25–96; 8:45 am] Trade Zones Board. Department’s regulations are references to the provisions as they existed on BILLING CODE 3510±24±M Attest: December 31, 1994. John J. Da Ponte, Jr., Executive Secretary. Scope of the Review Foreign-Trade Zones Board [FR Doc. 96–10406 Filed 4–25–96; 8:45 am] These products include flat-rolled [Order No. 816] BILLING CODE 3510±DS±P carbon steel products, of rectangular shape, either clad, plated, or coated Grant of Authority for Subzone Status with corrosion-resistant metals such as Sony Magnetic Products Inc. of International Trade Administration zinc, aluminum or zinc-, aluminum-, America; (Magnetic Media and Battery [A±580±814, A±580±816] nickel- or iron-based alloys, whether or Systems), Dothan, AL not corrugated or painted, varnished or Certain Corrosion-Resistant Carbon coated with plastics or other Pursuant to its authority under the Steel Flat Products From Korea: Final nonmetallic substances in addition to Foreign-Trade Zones Act of June 18, Results of Antidumping Duty the metallic coating, in coils (whether or 1934, as amended (19 U.S.C. 81a-81u), Administrative Review not in successively superimposed the Foreign-Trade Zones Board (the layers) and of a width of 0.5 inch or Board) adopts the following Order: AGENCY: Import Administration, greater, or in straight lengths which, if Whereas, by an Act of Congress International Trade Administration, of a thickness less than 4.75 millimeters, approved June 18, 1934, an Act ‘‘To Department of Commerce. are of a width of 0.5 inch or greater and provide for the establishment* * *of ACTION: Final Results of Antidumping which measures at least 20 times the foreign-trade zones in ports of entry of Duty Administrative Review. thickness or if a thickness of 4.75 the United States, to expedite and millimeters or more are of a width encourage foreign commerce, and for SUMMARY: On August 24, 1995, the which exceeds 150 millimeters and other purposes,’’ as amended (19 U.S.C. Department of Commerce (‘‘the measures at least twice the thickness, as 81a–81u) (the Act), the Foreign-Trade Department’’) published the preliminary currently classifiable in the HTS under Zones Board (the Board) is authorized to results of the administrative review of item numbers 7210.31.0000, grant to qualified corporations the the antidumping duty order on certain 7210.39.0000, 7210.41.0000, privilege of establishing foreign-trade corrosion-resistant carbon steel flat 7210.49.0030, 7210.49.0090, zones in or adjacent to U.S. Customs products from Korea. This review covers 7210.60.0000, 7210.70.6030, ports of entry; two manufacturers/exporters of the 7210.70.6060, 7210.70.6090, Whereas, the Board’s regulations (15 subject merchandise to the United 7210.90.1000, 7210.90.6000, CFR Part 400) provide for the States and the period February 4, 1993, 7210.90.9000, 7212.21.0000, establishment of special-purpose through July 31, 1994. We gave 7212.29.0000, 7212.30.1030, subzones when existing zone facilities interested parties an opportunity to 7212.30.1090, 7212.30.3000, cannot serve the specific use involved; comment on our preliminary results. 7212.30.5000, 7212.40.1000, Whereas, an application from the City Based on our analysis of the comments 7212.40.5000, 7212.50.0000, of Mobile, Alabama, grantee of Foreign- received, we have changed the results 7212.60.0000, 7215.90.1000, Trade Zone 82, for authority to establish from those presented in the preliminary 7215.90.5000, 7217.12.1000, special-purpose subzone status at the results of review. 7217.13.1000, 7217.19.1000, manufacturing plant (unrecorded EFFECTIVE DATE: April 26, 1996. 7217.19.5000, 7217.22.5000, magnetic media and battery systems) of FOR FURTHER INFORMATION CONTACT: 7217.23.5000, 7217.29.1000, Sony Magnetic Products Inc. of Charles Rast (Dongbu), Alain Letort 7217.29.5000, 7217.32.5000, America, located in Dothan, Alabama, (Union) or Linda Ludwig, Office of 7217.33.5000, 7217.39.1000, and was filed by the Board on November 21, Agreements Compliance, Import 7217.39.5000. Included are flat-rolled 1995, and notice inviting public Administration, International Trade products of nonrectangular cross-section comment was given in the Federal Administration, U.S. Department of where such cross-section is achieved 18548 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices subsequent to the rolling process (i.e., statute did not preclude Commerce from Verification products which have been ‘‘worked using the ‘‘Zenith Footnote 4’’ As provided in section 776(b) of the after rolling’’)—for example, products methodology to calculate tax-neutral Act, we verified information provided which have been bevelled or rounded at dumping assessments (i.e., assessments by Dongbu and Union using standard the edges. Excluded are flat-rolled steel that are unaffected by the existence or verification procedures, including the products either plated or coated with amount of home-market consumption examination of relevant sales and tin, lead, chromium, chromium oxides, taxes). Moreover, the Federal Circuit financial records, and selection of both tin and lead (‘‘terne plate’’), or both recognized that certain international original source documentation chromium and chromium oxides (‘‘tin- agreements to which the United States containing relevant information. free steel’’), whether or not painted, is a party, in particular the General varnished or coated with plastics or Agreement on Tariffs and Trade Analysis of Comments Received other nonmetallic substances in (‘‘GATT’’) and the Tokyo Round We gave interested parties an addition to the metallic coating. Also Antidumping Code, required the opportunity to comment on the excluded are clad products in straight calculation of tax-neutral dumping preliminary results. We received lengths of 0.1875 inch or more in assessments. The Federal Circuit comments and rebuttal comments from composite thickness and of a width remanded the case to the CIT with Dongbu Steel Co., Ltd. (‘‘Dongbu’’) and which exceeds 150 millimeters and instructions to direct Commerce to Union Steel Manufacturing Co., Ltd. measures at least twice the thickness. determine which tax methodology it (‘‘Union’’), exports of the subject Also excluded are certain clad stainless will employ. merchandise (‘‘respondents’’), and from flat-rolled products, which are three- The Department has determined that Bethlehem Steel Corporation, U.S. Steel layered corrosion-resistant carbon steel the ‘‘Zenith Footnote 4’’ methodology Group—a Unit of USX Corporation, flat-rolled products less than 4.75 should be used. First, as the Department Inland Steel Industries, Inc., Gulf States millimeters in composite thickness that has explained in numerous Steel Inc. of Alabama, Sharon Steel consist of a carbon steel flat-rolled administrative determinations and court Corporation, Geneva Steel, and Lukens product clad on both sides with filings over the past decade, and as the Steel Company (‘‘petitioners’’). Union stainless steel in a 20–60–20 percent Federal Circuit has now recognized, requested a public hearing, but ratio. These HTS item numbers are Article VI of the GATT and Article 2 of subsequently withdrew its request in a provided for convenience and customs the Tokyo Round Antidumping Code timely manner. purposes. The written description require that dumping assessments be Petitioners’ Comments remains dispositive. tax-neutral. This requirement continues The POR is February 4, 1993 through under the new Agreement on Comment 1 July 31, 1994. Implementation of Article VI of the Petitioners argue that the Department VAT Tax Methodology General Agreement on Tariffs and should use alternative information on In light of the Federal Circuit’s Trade. Second, the Uruguay Round the record to determine the market decision in Federal Mogul v. United Agreements Act (‘‘URAA’’) explicitly value of transaction handling fees that States, 63 F.3d 1572 (Fed. Cir. 1995), the amended the antidumping law to Dongbu paid to a related party for Department has changed its treatment of remove consumption taxes from the imported raw materials. Petitioners home-market consumption taxes. Where home-market price and to eliminate the contend that Dongbu did not provide merchandise exported to the United addition of taxes to U.S. price, so that substantive evidence to support its States is exempt from the consumption no consumption tax is included in the claim that the transfer prices paid to the tax, the Department will add to the U.S. price in either market. The Statement of related party were at arm’s-length or at price the absolute amount of such taxes Administrative Action (p. 159) least equal to the related party’s actual charged on the comparison sales in the explicitly states that this change was costs for providing the services. home market. This is the same intended to result in tax-neutral Moreover, the petitioners argue that methodology that the Department dumping margins. since the Department was unable to test adopted following the decision of the While the ‘‘Zenith Footnote 4’’ the transfer price at verification, the Federal Circuit in Zenith v. United methodology is slightly different from possibility exists that Dongbu may have States, 988 F.2d 1573, 1582 (1993), and the URAA methodology, in that section selectively structured these related- which was suggested by that court in 772(d)(1)(C) of the pre-URAA law party transactions to maximize footnote 4 of its decision. The Court of required that the tax be added to United adjustments that would lower Dongbu’s International Trade (‘‘CIT’’) overturned States price rather than subtracted from production costs of the subject this methodology in Federal Mogul v. home-market price, it does result in tax- merchandise. Thus, the petitioners state United States, 834 F. Supp. 1391 (1993), neutral duty assessments. In sum, the that the Department should make an and the Department acquiesced in the Department has elected to treat adverse inference and increase the costs CIT’s decision. The Department then consumption taxes in a manner of raw materials based on the followed the CIT’s preferred consistent with its longstanding policy comparison of similar arm’s-length methodology, which was to calculate of calculating tax-neutral dumping transaction handling fees charged by the tax to be added to U.S. price by margins, the GATT, and the post-URAA unrelated parties that Dongbu’s U.S. multiplying the adjusted U.S. price by statute. sales affiliate (‘‘DBLA’’) used to import the foreign-market tax rate; the Dongbu has provided information subject merchandise into the United Department made adjustments to this indicating that under Korean law, VAT States. amount so that the tax adjustment taxes associated with home-market sales Dongbu contends that there is no would not alter a ‘‘zero’’ pre-tax are assessed based on the price of goods basis for adjusting its raw material costs dumping assessment. and services at the time of delivery, and to account for transaction fees paid to a The foreign exporters in the Federal that certain adjustments made to the related party as suggested by the Mogul case, however, appealed that price after the goods and services have petitioners. Dongbu states that the decision to the Federal Circuit, which already been delivered do not result in services this related party provides to reversed the CIT and held that the adjustments to VAT taxes already paid. the company are not of any tangible Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices 18549 economic value other than lending its sufficiently demonstrates that they were computed for constructed value. The internationally recognized name to the manufacturing costs. They add that petitioners state that it is the transaction. Dongbu additionally states neither the cost verification report nor Department’s normal practice to include that the arrangement between the the accompanying exhibits contained foreign exchange gains and losses related party and itself simply reflects any indication that Dongbu attempted to related to the production of subject an intra-company transfer that benefits provide additional explanations, merchandise in the cost of the related party and its shareholders. documentation, or schedules to support manufacturing and not as G&A Therefore, Dongbu believes that the its claim that the expenses were general expenses. Department should accept the submitted in nature. Therefore, the petitioners Dongbu believes that its net foreign transaction fees that the related party believe that the Department should exchange losses were appropriately charged the company. include all general expenses that are not submitted as general expenses and not attributable to Dongbu’s sales as costs of manufacturing. Dongbu states Department’s Position department in the company’s cost of that it recognizes that it is the For the final results, we accepted manufacturing. Department’s normal practice to include Dongbu’s submitted transaction fees that Dongbu believes that its submitted foreign exchange gains and losses were paid to a related party. The classification of these departmental related to material purchases in the cost transaction fees that Dongbu paid to the costs as general expenses is appropriate. of manufacturing. However, Dongbu related party were for assistance in The company argues that these costs states that its submitted methodology is handling and processing the related were classified as general expenses on consistent with the classification of paperwork created by the importation of its audited income statement because those expenses on its audited income the material. See Dongbu’s February 21, they benefit the entire company as a statement. Furthermore, Bongbu argues 1995 submission at page 12. The value whole. This fact was confirmed by the that an adjustment to reclassify the costs of the service was based on a constant Department at verification. Furthermore, would only be trivial and needless. percentage of the acquisition price of the company argues that reclassifying Department’s Position the input. Dongbu was unable to these cost to manufacturing costs would substantiate that submitted transaction have an inconsequential effect, if any, We agree with both petitioners and fees reflected the market value of the on its cost of production. respondent in part. Foreign exchange service provided. At verification, losses arising from the purchase of raw company officials stated they did not Department’s Position materials normally should be included obtain similar services for the We agree with respondent that, in this in material cost because this is a importation of inputs from any other case, it is reasonably to classify these component of the cost of manufacturing. party, nor did the related party provide costs as general expenses, consistent However, in this particular instance we this service to any other entity. See Cost with the company’s financial have not reclassified these losses from Verification Report of Dongbu Steel Co., statements. For the final results, we general expenses to cost of Ltd. (May 19, 1995) at page 12. accepted Dongbu’s inclusion of costs manufacturing as it would have no However, after further review of from its R&D department, raw material impact on the submitted cost of information on the record, we have department, quality control department production. The slight increase in concluded that the transfer prices and procurement department as general manufacturing costs the reclassification submitted by Dongbu did fairly expenses. At verification, the creates is simply offset by coinciding represent the amount usually reflected Department reviewed Dongbu’s decreases in G&A and financing costs. in sales for such services. This associated source documentation and See Final Determination of Sales at Less determination was made by comparing noted that these costs were reported as Than Fair Value: Dynamic Random Dongbu’s submitted transaction fees general expenses on the company’s Access Memory Semiconductors of One (expressed as a percentage of the audited income statement and not as a Megabit and Above from the Republic of purchase price) to the weighted-average part of its cost-of-sales. Nor were these Korea, 54 FR 15467, 15475 (March 23, (also expressed as a percentage of the costs included as part of the inventoried 1993). purchase price) of similar arm’s-length costs reported in Dongbu’s finished transaction fees charged by unrelated product inventory ledgers. In this Comment 4 parties that DBLA used to import specific case, we are satisfied that the Petitioners contend that the subject merchandise into the United cost in question were properly classified Department should deny all of the States. This comparison showed that the as general expenses. Therefore, we are claimed miscellaneous income offsets submitted transaction fees were above not reclassifying these general expenses (e.g., dividends, gains on investments) the weighted-average value charged by to manufacturing costs. See Final that were applied against Dongbu’s unrelated parties. Thus, we accepted the Determination of Sales at Less Than Fair submitted G&A costs. The petitioners submitted transaction fees that were Value: Certain Hot-Rolled Carbon Steel argue that the Department does not paid to a related party because they Flat Products, Certain Corrosion- grant offsets in excess of actual expenses reasonably reflected a market value. resistant Carbon Steel Flat Products, and incurred. Nor is it the Department’s Certain Cut to Length Carbon Steel Plate practice to allow a reduction of G&A Comment 2 from Korea, 58 FR 37176, 37191 (July 9, costs unless it can be substantiated that Petitioners contend that submitted 1993). the offsetting income can be tied to costs for its research and development specific expenses related to production. (R&D) department, raw material Comment 3 The petitioners also contend that department, quality control department, Petitioners argue that the Department Dongbu failed to do both of these steps and procurement department should be should include foreign exchange losses and, therefore, the Department should included in Dongbu’s manufacturing among Dongbu’s manufacturing costs to deny all of Dongbu’s claimed offsetting costs rather than in its general expenses. ensure that the cost of production is adjustments to G&A costs. The petitioners argue that Dongbu’s calculated accurately and that the Dongbu contends that it properly submitted description of the functions statutory minimum amounts for general offset G&A costs with its various performed by these departments expenses and profit are properly miscellaneous income items. Dongbu 18550 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices states that it submitted a complete list Department’s position Tariff Act regarding the calculation of of miscellaneous income items used to For the final results, the Department United States price. They argue that the offset G&A costs that the Department allowed Dongbu to add an amount Tariff Act identifies two types of U.S. reviewed each of these items during reflecting duties paid to its audited cost- sales, purchase price and ESP, and verification. Therefore, the company of sales figure which was used as the mandates different adjustments to each believes that the Department should denominator in calculating G&A and so that United States price is ignore the petitioners’ request and allow interest expense factors. The cost-of- reconstructed at the same point in the the miscellaneous income offsets to sales figure obtained from Dongbu’s chain of commerce regardless of G&A costs. audited income statements was net of whether a U.S. affiliate of the manufacturer or exporter is involved in Department’s Position duty drawbacks, while the company’s submitted cost of manufacturing the transaction. Citing 19 U.S.C. For the final results, we continue to included duties paid on inputs. 1677a(b), petitioners contend that the disallow certain non-production-related Therefore, it is appropriate for Dongbu Tariff Act defines purchase price as the income offsets to Dongbu’s G&A costs. to include duty payments in its price at which merchandise is At verification, we reviewed source denominator in order to properly purchased, or agreed to be purchased, documentation and obtained allocate both the G&A and interest costs. prior to the date of importation, from either a reseller, manufacturer, or explanations from company officials on Comment 6 all the income items that were used to producer of the merchandise for exportation to the United States. offset Dongbu’s G&A costs. We found Petitioners assert that the Conversely, say petitioners, ESP is that certain revenue items (e.g., Department’s analysis must account for defined as the price at which dividends, gain on investments) were the difference between U.S. sales by merchandise is sold or agreed to be sold related to investments, and not to the Dongbu and its U.S. sales affiliate, in the United States, prior to or after production of subject merchandise. DBLA. They argue that the Department importation by or for the account of the Therefore, we denied these unrelated is in error in its treatment of DBLA’s exporter. See 19 U.S. 1677a(c). Thus, income offsets in calculating G&A costs. and Dongbu’s sales and request that ESP is typically used when an affiliate See Final Determination of Sales at Not DBLA’s sales be treated as exporter’s of the manufacturer or exporter imports Less Than Fair Value: Saccharin from sales price (‘‘ESP’’) sales. Petitioners merchandise into the United States. Korea, 59 FR 58826, 58828 (November note that Dongbu makes sales to the Also, petitioners cite Smith Corona 15, 1994). United States through three separate and distinct channels: directly to Group v. United States, 713 F. 2d 1568, Comment 5 customers in the United States; through 1571–72 (Fed. Cir. 1983), in arguing that related and unrelated trading companies when a U.S. affiliate of a foreign Petitioners contend that the in Korea; and through its affiliate in the respondent imports merchandise in Department should exclude Dongbu’s United States, DBLA’s, which purchases question, all costs and expenses duty payments from the calculation of subject merchandise from Dongbu and incurred by the affiliate must be the company’s G&A and interest resells it to unrelated customers in the deducted from the affiliate’s resale price expense factors. According to the United States. Petitioners assert that in order to derive a United States price petitioners, the addition of the duty to Dongbu is incorrect in claiming that that reflects the price that the the cost-of-sales figure inappropriately sales made through each of these merchandise would command in an overstates the figure. The petitioners channels are purchase-price (‘‘PP’’) arm’s-length transaction. They further argue that Dongbu’s duty drawbacks sales. They state that Dongbu’s state that this is the case whether the represent a refund of import duties contention implies that if sales through sales are from the importer to an incurred in the production of finished each of these channels are treated as independent retailer or directly to the merchandise that is subsequently such, the U.S. prices calculated by the public, as if the affiliate had no role in exported. Therefore, the cost-of-sales Department will represent prices at the the transaction. Petitioners note that figures in Dongbu’s audited income same point in the chain of commerce in DBLA’s role in selling subject statements, which is net of import all cases, and thus implying that the merchandise results in selling prices duties refunded on certain export sales, charges by DBLA to the first unrelated that are distinct from Dongbu’s prices accurately represented Dongbu’s final customer in the United States represent for the same product, and that as a cost of manufacturing. the arm’s-length prices that Dongbu result, DBLA’s role in selling subject Dongbu believes that it properly would charge for the same merchandise merchandise creates the type of bias that increased its cost-of-sales figure to if sold directly to an unrelated U.S. is addressed by the provisions of the include the duty in order to calculate customer, without the involvement of Tariff Act regarding United States price. G&A and interest expense factors. DBLA. Petitioners claim that Dongbu’s Petitioners also contend that Dongbu’s Dongbu contends that the increase to its own sales data indicate that there is a sales through DBLA do not meet the cost-of-sales is necessary in order to systematic and significant difference statutory definition of purchase price. ensure comparability. Dongbu notes that between Dongbu’s and DBLA’s pricing They argue that the Department utilizes its audited income statement cost-of- structure which is the result of the fact a three-part test to determine whether sales figure is net of duty drawback, that DBLA’s involvement in the sale of ESP or purchase price should be used to while its submitted costs of subject merchandise results in determine USP when the sale is made manufacturing figures include the duty significant costs which are included in prior to the date of importation; and the because the Department requested that the prices it charges its U.S. customers. focus must be on the third factor in this it be submitted in this manner. Petitioners also argue that because test; that is, that if the related party in Therefore, the respondent states that DBLA’s selling prices are distinct from the United States only acts as a conduit any G&A or interest factor that is Dongbu’s, the Department must analyze between the first unrelated purchaser applied to its duty-inclusive cost of DBLA’s sales differently from Dongbu’s and the seller, the resulting sale is a sale manufacturing must itself be sales in order to ensure consistency for export to the United States. determined on a duty-inclusive basis. with the fundamental purpose of the Petitioners contend, however, that Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices 18551 before the Department can accurately to DBLA’s customers, is reflected in Department’s three-pronged test is to determine that the related party is just DBLA’s prices. Finally, petitioners cite determine whether the selling functions a process of documentation, there must declarations made by DBLA on Customs undertaken by the related U.S. selling be evidence on the record supporting Form 7501 which indicate that it was agent are of a kind that would normally that conclusion. They argue that in this more that a processor of sales related be carried out by the exporter in case, there is no documentary evidence documentation. connection with the sales, and that such in the record in support of this claim by Respondent counters these arguments an analysis must be made with reference Dongbu. Citing to Creswell Trading Co., by stating that Dongbu’s sales through to terms of the sale itself which et al. v. United States, 15 F.3d 1054 DBLA meet the statutory definition of establishes the parameters of the U.S. (Fed. Cir. 1994) petitioners claim that purchase price sales, and that Dongbu’s affiliate’s selling function. Therefore, Dongbu has the burden of producing sales thus adhere to the three-part test with regard to Dongbu’s sales through information that proves that point, employed by the Department already DBLA, respondent argues that the which it has not done; and in the detailed by petitioners. It argues that the Department must consider DBLA’s absence of such information, the purpose of this test is to determine, on selling functions in connection with the Department cannot conclude that the the basis of the selling functions fact that these products are sold to the indirect purchase price sales at issue assumed by the U.S. affiliate, whether unrelated U.S. customer on an ex-dock were made in Korea by Dongbu for the transaction in question meets the duty-paid basis and must thus be exportation to the United States. statutory requirements for purchase delivered to the possession of the Instead, petitions conclude that the price at dictated by 19 U.S.C. 1677a(b). customer after clearance through U.S. Department must determine that the Respondent argues that there is no Customs. Respondent notes that in this sales were made in the United States by dispute regarding the first two prongs of case, Dongbu has simply transferred DBLA, and that they must be treated as this test, as petitioners concede that these routine selling functions to a ESP sales. Dongbu’s sales through DBLA are related selling agent in the United shipped directly from Dongbu to the Petitioners further argue that the price States, and that the substance of the unrelated buyer without being at which DBLA sells subject transaction is not changed, which is that introduced into DBLA’s inventory and merchandise to the unrelated purchaser they are purchase price rather than ESP. that such shipments are customary in is different from the price at which the industry. Respondent contends that Department’s Position DBLA purchases it from Dongbu. They verification reports and associated contend that these prices reflect the fact documents confirm that sales through We agree with respondent and have that DBLA performs significant selling DBLA also meet the third requirement determined that purchase price is the activities in the United States which of the test, and that DBLA played only appropriate basis for calculating USP. require the Department to treat the sales a limited role as a processor of sales Typically, whenever sales are made in question as ESP sales. Petitioners related documentation and as a prior to the date of importation through note also that DBLA extends credit to communications like to the customer. a related sales agent in the United certain customers by permitting them to Respondent describes DBLA’s role in States, we conclude that purchase price delay payment for subject merchandise; these sales transactions as straight is the most appropriate determinant of that DBLA identifies customers, forward. Dongbu states that its sales are the USP based upon the following negotiates prices, and provides some made by its export department in Korea, factors: (1) The merchandise in question warranty-related services; and that with DBLA assisting by transmitting was shipped directly from the DBLA is engaged in marketing activities customer inquires to Korea and issuing manufacturer to the unrelated buyer, that include development of sales contracts on Dongbu’s behalf if without being introduced into the downstream applications for subject orders are accepted. Respondent notes inventory of the related shipping agent; merchandise. Petitioners contend that that DBLA facilitates the sales by (2) direct shipment from the another significant selling function processing the documents needed to manufacturer to the unrelated buyers performed by DBLA is the posting of ensure that the merchandise is delivered was the customary commercial channel cash deposits of antidumping and in accordance with the negotiated sales for sales of this merchandise between countervailing duties on behalf of its terms: that is, delivery to the customer the parties involved; and (3) the related U.S. customers. They argue that in a after clearance through U.S. Customs selling agent in the United States acted typical purchase price transaction, the and payment of brokerage and related only as a processor of sales-related U.S. customer, as the importer of record, charges. In detailing these functions, documentation and a communication would be required to deposit cash respondent argues that all of the selling link with the unrelated U.S. buyers. See, deposits with the U.S. Customs Service activities carried out by DBLA in e.g., Certain Stainless Steel Wire Rods upon importation of the merchandise, connection with these sales are within from France: Final Determination of resulting in additional costs. In ESP the range of activities determined by the Sales at Less that Fair Value, 58 FR transactions, however, the customer is Department to be consistent with 68865, 68868–9 (December 29, 1993); relieved of this burden and of the risks purchase price classification in previous Granular Polytetrafluoroethylene Resin of uncertain future liabilities. cases. from Japan: Final Results of Petitioners contend that DBLA’s selling Regarding petitioners’ argument that Antidumping Duty Administrative activities can be demonstrated in several the Department should classify sales Review, 58 FR 50343–4 (September 27, ways. First, the activities performed by through DBLA based upon comparative 1993). This test was first developed in DBLA are significant in the context of pricing patterns, respondent counters response to the Court of International the totality of activities required to sell that there is no legal or factual basis for Trade’s decision in PQ Corporation v. subject merchandise. In other words, reclassifying these sales as ESP. United States, 652 F. Supp. 724, 733–35 DBLA performs all of the functions Respondent contends that selling (CIT 1987). It has also been used to required to sell subject merchandise in functions, not selling prices, are the uphold indirect purchase-price the United States. Second, the basis for the Department’s classification transactions involving exporters and significance of DBLA’s selling activities, of sales as purchase price or ESP. their U.S. affiliates. See e.g., Zenith and the economic benefit these provide Specifically, the application of the Electronics Corp. v. United States, 18552 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices

Consol. Ct. No. 88–07–00488, Slip Op. first unrelated purchaser. Petitioners 146 (September 19, 1994) that the 94–146 (CIT 1994). contend that these duties are costs to deduction from USP of actual We disagree with petitioners’ Dongbu and must be deducted from the antidumping duties remains an open argument in citing to Creswell Trading price paid by the first unrelated issue. Accordingly, contend petitioners, Co., et al. v. United States, 15 F.3d 1054 purchaser in order to obtain a fair the court expects that the Department (Fed. Cir. 1994) that Dongbu has not met comparison between USP and foreign will approach the payment of actual the burden of producing information market value. antidumping duties differently than it that demonstrates that the related party Petitioners assert that the statute does the payment of estimated in the United States functions only as a provides authority for deducting the antidumping duties. Petitioners cite processor of documentation. Dongbu cost of actual antidumping and Final Results of Antidumping Duty has placed information on the record countervailing duties incorporated in Administrative Review: Certain Hot- which we have verified describing the the price used to establish USP. Citing Rolled Lead and Bismuth Carbon Steel functions of its related party. section 1677a(d)(2)(A), they argue that Products from the United Kingdom, 60 Furthermore, the Department has USP shall be reduced by ‘‘the amount, FR 44009 (August 24, 1995), in which recognized and classified as indirect if any, included in such price which is they argued that the Department should purchase price sales transactions attributable to additional costs, charges, treat actual antidumping duties as a involving selling activities similar to and expenses, and United States import cost. Petitioners claim that although the those of DBLA’s in other antidumping duties, incident to bringing the Department rejected their argument, the proceedings involving Korean merchandise into the United States.’’ authority cited by the Department in the manufacturers and their related U.S. The costs of antidumping and determination does not support its affiliates. See, e.g., Final Determination countervailing duties thus fall within position. Petitioners also note that there of Sales at Less Than Fair Value; the scope of this provision as costs, has been no court decision that the Circular Welded Non-Alloy Steel Pipe charges, and expenses or as U.S. import deduction of estimated antidumping from the Republic of Korea, 57 FR duties. The former, petitioners note, is duties is unlawful, and that all of the 42942, 42950–1 (September 17, 1992). a subset of the latter, and as a matter of cases having to do with this issue have In the present review, we found that: (1) law they must be deducted from the upheld the Department’s decision not to Dongbu’s sales though DBLA, its related price to the first unrelated purchaser. do so based on the facts of the sales agent in the United States, are They also argue that the statute provides individual case. shipped directly from Dongbu to the that USP shall be increased by the unrelated buyer without being amount of any countervailing duty Respondent argues that in the absence introduced into DBLA’s inventory; (2) imposed to offset an export subsidy. of reimbursement, it is unlawful and such shipments are the customary According to petitioners, the contrary to Department practice to channel of distribution for the parties Department must deduct the full deduct antidumping and countervailing involved; (3) DBLA performed limited amount of the countervailing duties duties from USP. Respondent contends liaison functions in the processing of paid by Dongbu for those entries that petitioners’ reading of the statute is sales-related documentation and a covered by the first and second annual contradicted by both long-standing limited role as a communication link in reviews of the countervailing duty administrative and judicial precedent; connection with these sales. order. They claim that none of the (e.g., Final Results of Antidumping Duty We agree with respondent that we arguments for not deducting the Administrative Review: Certain Hot- regard selling functions, rather than estimated antidumping duties applies in Rolled Lead and Bismuth Carbon Steel selling prices, as the basis for classifying the case of the countervailing duty Products from the United Kingdom, 60 sales as purchase price or ESP. When all payments. First, petitioners argue that FR 44009 (August 24, 1995), three of the criteria described above are Dongbu has presented evidence that Antifriction Bearings (Other Than met, we consider that the exporter’s DBLA paid those duties and that they Tapered Roller Bearings) and Parts selling functions have been relocated have an impact on the price. Second, Thereof from France, et al.; Final geographically from the country of they contend, there is no danger of Results of Antidumping Administrative exportation to the United States, where double-counting since the Reviews, 60 FR 10900, 10907 (February the sales agent performs them. We countervailing duties are not paid to 28, 1995), PQ Corp. v. United States, determine that DBLA’s selling functions offset past price discrimination. In this 652 Supp. 724, 735–37 (CIT 1987), are of a kind that would normally be case, the countervailing duties are paid Federal-Mogul Corp. v. United States, undertaken by the exporter in to offset domestic subsidies and have 813 F. Supp. 856, 872 (1993), and connection with these sales. DBLA’s nothing to do with Dongbu’s price Torrington Co. v. United States, Consol. role in the payment of cash deposits of discrimination practices. Thus, Ct. No. 92–07–00483 (CIT 1995). antidumping and countervailing duties, petitioners assert that the countervailing Respondent further argues that the extension of credit to U.S. customers, duties are a cost separate from the Department and the courts have long the processing of certain warranty payment of antidumping duties and since recognized that such deductions claims, and project development are should be treated as normal customs are not authorized under the consistent with purchase price duties. Also, petitioners claim that since antidumping laws because they are, classification and are a relocation of no party requested a review of the inter alia, not ‘‘selling expenses’’ within routine selling functions from Korea to countervailing duty order at the time of the meaning of the statute and are the United States. the first or second anniversary, those inherently contingent in nature. duties have become final duties. They Respondent notes that making the Comment 7 also assert that the Department must required adjustment would unlawfully According to petitioners, the deduct the cost of antidumping duties result in the double-counting of Department is required by law to deduct equal to the amount of the calculated dumping duties, and would perpetuate the cost of ‘‘actual’’ antidumping and margin. dumping orders thereby violating both countervailing duties from USP when Petitioners note that the court the letter and remedial purposes of the the record demonstrates that those costs acknowledged in Zenith Elec. Corp. v. statute. They also state that Congress are included in the prices paid by the United States, 18 CIT ll, Slip Op 94– has refused to yield to lobbying by the Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices 18553

U.S. steel industry for the enactment of Department’s Position Dongbu calculates per-unit credit legislation that would for the first time We disagree with petitioners. In Final expenses for home-market sales authorize such a deduction, clearly Results of Antidumping Duty differently than is done by the evincing Congressional disapproval of Administrative Review: Certain Hot- Department, which calculates credit petitioners’ position. Rolled Lead and Bismuth Carbon Steel expenses based on selling prices that are Respondent asserts that petitioners Products from the United Kingdom net of discounts and rebates. See Final are incorrect in their argument that the (‘‘UK Lead and Bismuth’’), 60 FR 44009, Determination of Sales at Less Than Fair issue of deducting antidumping and 44010 (August 24, 1995), petitioners Value; Fresh Cut Roses from Colombia, countervailing duties should be 60 FR 6980 (February 6, 1995). made arguments similar to those considered differently in this case Therefore, according to petitioners, presented here—that ‘‘actual’’ because the Department is determining Dongbu’s use of an adjusted gross unit antidumping duties are a ‘‘selling ‘‘actual’’ rather than ‘‘estimated’’ price is not in accordance with expense’’ and that the Department has antidumping duties. Respondent also Department practice, and results in an not previously considered whether to states that petitioners are wrong in their artificially inflated credit expense. deduct ‘‘actual’’ expenses under section extension of this argument to Dongbu’s Petitioners continue this point by 772(d)(2)(A). In UK Lead and Bismuth, countervailing duty deposits on the stating that the Department should we responded that ‘‘[a]ntidumping theory that such deposits represent reduce Dongbu’s claimed home-market duties are intended to offset the effect of ‘‘actual’’ duties because the amounts credit expenses to account for rebates deposited are ‘‘conclusive’’ since no discriminatory pricing between the two paid to certain home-market customers party requested an administrative markets. In this context, making an in order to be consistent with its review. Respondent notes that the additional deduction from USP for the established practice of calculating credit countervailing duty order is currently same antidumping duties that correct expenses using prices net of discounts on appeal to the Court of International this price discrimination would result and rebates. To accomplish this, they Trade and liquidation of these entries in double-counting. Therefore, we have explain, the Department should reduce has been suspended pending the not treated cash deposits of estimated the reported credit expense by the outcome of that appeal. antidumping duties as direct selling amount of the rebate, expressed as a By assessing duties beyond the actual expenses.’’ Id. at 44010. See also color percentage of gross unit price. margins of dumping, according to Television Receivers from the Republic Respondent argues that petitioners are respondent, petitioners’ recommended of Korea, Final Results of in error, and that home-market credit deduction would also violate Administrative Review, 58 FR 50333, expenses are not overstated. According international law as embodied in the 50337 (September 27, 1993); and to respondent, petitioners’ allegation WTO antidumping agreement. See Final Antifriction Bearings (Other Than relies upon the Department’s final Act Embodying the Results of the Tapered Roller Bearings) and Parts determination in Fresh Cut Roses from Uruguay Round of Multilateral Trade Thereof from France, et al.; Final Colombia, and while it is true that the Negotiations, April 15, 1994, and Results of Antidumping Administrative Department in that case adjusted one Agreement on Implementation of Article Reviews, 60 FR 10900, 10906 (February respondent’s credit figures downward to VI of the General Agreement on Tariffs 28, 1995). account for certain discounts discovered and Trade 1994, article 2 ¶ 4. We also disagree with petitioners’ late in the proceeding, there is no Respondent claims that petitioners are extension of their argument to Dongbu’s mention in the case of similar treatment incorrect in arguing that their proposal countervailing duty deposits on the being required in the case of rebates. will not result in a double-counting of basis that the amounts deposited are Respondent further notes that this antidumping duties. Rather, respondent ‘‘conclusive’’ since no party has distinction between discounts and asserts it is a ‘‘mathematical certainty’’ requested an administrative review. In rebates, with respect to credit that this will be the result. Respondent fact, the countervailing duty order is calculations, is not inconsequential. argues that the remedial purposes of the currently on appeal to the Court of Also, the fact that rebates are paid after antidumping laws are presumably International Trade and liquidation of the sale, has no bearing on the final fulfilled when a foreign respondent is these entries has been suspended price paid by the customer. In these induced to raise its prices to unrelated pending the outcome of that appeal. cases, the final price paid is one that is customers in the United States in These entries will be liquidated only in net of the rebate itself. But, when it response to the antidumping order, accordance with a final and conclusive comes to calculating credit expenses, since it is at that level that the foreign court decision in that proceeding, as in the emphasis on the rebate being paid producer competes directly with U.S. accordance with 19 U.S.C. 1516a(e). In ‘‘after’’ rather than at the time of the sale producers. Respondent notes that the other words, the amount that will be is dispositive of this issue, according to concern that has traditionally been collected, if any, is uncertain at this Dongbu. raised is that the relief intended by the time. Respondent also argues that the order would be ‘‘blunted or denied’’ if As our verification report indicates, imputation of credit cost is based on the the related importer ‘‘absorbs’’ the there is no evidence that Dongbu’s principal of the ‘‘time value of money.’’ antidumping duties by being related importer in the U.S. is being See LMI–La Metalli Industriale S.p.A. v. ‘‘reimbursed’’ by the foreign producer reimbursed by Dongbu. United States, 912 F.2d 455 (Fed. Cir. and, as a result, fails to pass the 1990). Respondent asserts that the value additional expense on the unrelated Comment 8 to the seller is a function of the amount U.S. customer in the form of higher Petitioners argue that Dongbu of the account being financed, the prices. Respondent claims that improperly calculated credit expenses period of time that the account is being petitioners in this case are claiming that for home-market sales using gross unit financed, and the relevant cost of the Department should penalize Dongbu prices. They argue that Dongbu’s borrowing that could be used to finance for raising its prices to unrelated reported credit expenses are overstated the account. Respondent argues in the purchasers. The effect of this, according because Dongbu failed to account for case of a discount, the amount financed to respondent, would be to create rebates when calculating the credit over this period is the purchase price additional margins. expenses. Petitioners contend that less the discount, and it is appropriate 18554 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices to deduct this amount from the gross Review: Color Picture Tubes from Japan, bookkeeping purposes’’ rather than a unit price in determining the imputed 55 FR 37915 (September 14, 1990), in market value. Also, in Final Results of cost of credit. In the case of rebates, arguing that the Department has Antidumping Administrative Review: Dongbu states the amount is not likely previously disregarded the same type of Color Picture Tubes from Japan, 55 FR to have accrued at the time of sale but mark-up paid to Dongbu Express when 37915, 32922–23 (September 14, 1990), instead, over a longer period of time. calculating adjustments to foreign the Department acknowledged and Respondent claims it would thus be market value, and that the Department accepted the respondent’s argument that improper to deduct rebate amounts from attempts to value sales-related services an administrative fee paid by the gross unit price in determining imputed at actual market rates, rather than at the respondent to its related shipper credit expenses because the amount rates established between related reflected additional services that would being financed over the credit period is parties. have been sustained by either another the gross unit price rather that the gross Respondent counters that there is no trucking company or the respondent unit price less an undertermined rebate. basis for reducing the reported home- directly. In the present review, we market inland freight charges, and that Department’s Position verified the arm’s-length nature of petitioners’ position ignores the Dongbu’s freight charges by reviewing We agree with respondent. Dongbu’s circumstances under which these invoices from the trucking company to rebates are often accrued after payment services are provided. Respondent Dongbu Express; the unit prices on has been made. More often than not, argues that Dongbu contracts for freight those invoices were lower than those rebate amounts are not determinable services through a freight forwarder that charged by Dongbu Express to Dongbu. until after payment of the account has has the expertise and volume of Therefore, we find no basis for reducing been made. Accordingly, it would be business to obtain regular service and home-market inland freight charges. improper in these cases to deduct rebate competitive rates, an arrangement made amounts from gross unit price in by many other businesses that also do Comment 10 determining imputed credit costs not own their own trucking fleet. These Petitioners argue that Dongbu’s because the amount being financed over services provided by Dongbu Express Korean inland freight charges for certain the credit period (i.e., from shipment to have value, and as such the payment of U.S. sales appear to be below arms’s- payment) is the gross unit price, and not a mark-up is expected and consistent length rates, and that the Department the gross unit price less an with similar commercial transactions. must revise the reported charges for the undertermined rebate. We agree with According to respondent, the additional final results of this review. According to respondent that it is appropriate in the administrative costs incurred by Dongbu petitioners, Dongbu informed the case of a discount to calculate imputed Express in arranging for shipment, as Department prior to verification that credit costs on gross unit price net of well as a reasonable return to Dongbu certain sales were shipped to the United discounts (since that amount is Express, are simply part of the value of States from either Pusan or P’ohang, and determined at the time of sale and the trucking service. Thus, respondent not from Inch’on, as originally reported. shipment). However, particularly in the states, if the Department is to obtain a Petitioners state that Dongbu revised the case of rebates that are not precisely reasonable measure of the ‘‘actual reported charges for these sales, many of known at the time of sale, it would be market rates’’ for the freight services, as which represent payments by Dongbu to inappropriate to deduct this petitioners contend, there must be Dongbu Express at amounts less than undetermined amount from gross unit reflected in the reported charge some those made by Dongbu Express to price in calculating credit expenses. amount for the valuable freight unrelated trucking companies for the same transactions. They assert that the Comment 9 forwarding services provided by Dongbu Express. Dongbu asserts it has discrepancy between the amount Petitioners argue that Dongbu’s freight demonstrated that the mark-up charged charged by unrelated parties for charges for home-market sales should be by Dongbu Express reflects a reasonable transporting the subject merchandise reduced by the amount of the intra- amount for profit, and that this mark-up between Inch’on and P’ohang (or company transfer of funds between is equivalent to that included by Pusan), and the revised amounts Dongbu and Dongbu Express. They Dongbu Express in its charges to reported by Dongbu, indicates that not assert that transportation services for unrelated parties. all of Dongbu’s reported inland freight Dongbu’s home-market sales are charges for U.S. sales were at arm’s- provided by unrelated trucking Department’s Position length rates. Therefore, the Department companies pursuant to contracts with We disagree with petitioners. We find must adjust for these amounts Dongbu’s wholly-owned subsidiary, that the mark-ups charged by Dongbu accordingly. Dongbu Express; and that as such, Express to Dongbu were commercially Respondent counters these arguments Dongbu’s payment to Dongbu Express reasonable charges for the services by reporting that the example cited by for those services is nothing more than provided by Dongbu Express. Although petitioners involves freight charges ‘‘an internal price constructed for the Department does not have a imposed by an unrelated trucking bookkeeping purposes.’’ Petitioners standard policy requiring it to deduct company, and not Dongbu Express as contend that the Department should related-party mark-ups in all cases, in asserted. It says this ‘‘discrepancy’’ revise these expenses to exclude Final Determination, Rescission of claimed by petitioners also explains markups charged by Dongbu Express on Investigation, and Partial Dismissal of why the freight amount charged with the grounds that such markups Petition: High Information Content Flat respect to this sale, and the other represent intra company transfers of Panel Displays and Display Glass shipments identified by petitioners is funds. They cite Final Determination, Therefor from Japan, 56 FR 32376, lower than would have been expected Rescission of Investigation, and Partial 32393 (July 16, 1991), the Department given the schedule of freight charges Dismissal of Petition High Information rejected the price between related paid by Dongbu Express. According to Content Flat Panel Displays and Display parties not only because there was a respondent, the commercial invoices Glass Therefor from Japan, 56 FR 32376 mark-up, but because it was determined and bill of lading show in this instance (July 16, 1991), and Final Results of that the reported amount reflected a that ocean freight companies sometimes Antidumping Duty Administrative price constructed for ‘‘internal request at the last minute that a Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices 18555 manufacturer agree to change the port of Carbon Steel Flat Products, and Certain not only union’s product comparisons, exportation to another port that may be Corrosion-Resistant Carbon Steel Flat but also Union’s cost-of-production located farther from the factory than Products from Japan, 58 FR 37154 (‘‘COP’’) and constructed-value (‘‘CV’’) originally agreed to with the (1993) (Comment 15) in asserting that data, since those data are reported on understanding that the ocean freight the Department, when the arm’s-length the basis of specific control numbers, company will absorb any additional methodology is unavailable, very often and each control number (‘‘CONNUM’’) freight cost. Such was the case with the will assess the circumstances generally is defined by a unique set of unverified sale cited by petitioners, according to to determine whether the rates charged product characteristics. To derive the respondent. Dongbu argues that it paid are likely to be commercial. In that case, per-ton cost of each CONNUM reported no more than it originally contemplated. Dongbu notes, the Department had only in its response, petitioners state that time and resources available to it to Department’s Position Union allocated costs on the basis of the conduct a verification of two of the four total quantity produced of that We agree with respondent. The companies to which the respondent CONNUM. If the home-market product discrepancy identified by petitioners paid freight charges. As a result, characteristics used as a basis for involves freight charges imposed by an respondent states, the Department defining CONNUMs are suspect, then unrelated trucking company and, as we decided to accept the reported charges the production quantities and cost determined at verification, the because there was no ‘‘indication that allocations based on those CONNUMs Department has not found any their freight expenses were inaccurate.’’ are unreliable according to petitioners. transactions for which there is an Also cited by respondent is Final They claim that, in a number of cases indication that the rates charged for Determinations of Sales at Less Than where the use of unverified data would freight were not at arm’s-length. As our Fair Value; Certain Hot-Rolled Carbon have rendered meaningless any verification report indicates, we Steel Flat Products, Certain Cold-Rolled calculation employing that data, or reviewed invoices from the unrelated Carbon Steel Flat Products, Certain where the Department was unable to trucking company to Dongbu Express Corrosion-Resistant Carbon Steel Flat verify a respondent’s home-market that included unit prices, which, from Products, and Certain Cut-to-Length product characteristics, the Department the evidence observed, reflected prices Carbon Steel Plate from Korea, 58 FR has resorted to total, rather than partial, below which Dongbu pays to Dongbu 37176 (1993) in arguing that the BIA. In addition, petitioners note that Express. On this basis, we accept the Department also showed a reasonable the Department has routinely resorted to foreign freight charges as reported for flexibility in accepting alternative total BIA where a respondent has purposes of the final results. means of verifying the arm’s-length destroyed, or has been unable to Comment 11 nature of services for which there were produce, documents supporting critical no ready unrelated comparisons. According to petitioners, the amounts aspects of its submitted data. Petitioners reported by Dongbu and used by the Department’s Position point out that the Court of International Trade (‘‘CIT’’) has recognized that Department to determine the market We disagree with petitioners. parties who initiate unfair trade rates for Dongbu’s foreign brokerage and Although the Department generally proceedings—as did Union by handling charges are incorrect. They prefers to demonstrate that a related- requesting this review—bear the burden reject the amounts used for the party service was provided at arm’s- of maintaining and retaining records following reasons: that the evidence length by contrasting those rates with presented by Dongbu that freight charges for comparable services relevant to the proceeding. See e.g., charges are provided at arm’s-lengh provided by unrelated companies, the Krupp Stahl AG v. United States, 822 F. rates is irrelevant to whether the same Department does not automatically Supp. 789 (CIT 1993) (‘‘Krupp Stahl’’). company also provides unloading resort to best information available Petitioners contend that Union’s data charges at arm’s-length rates; and, that when that methodology is unavailable. deficiency, which was caused by its Dongbu has not demonstrated that Verification is the Department’s means failure to retain relevant production Dongbu Express provides freight of testing information; it is not intended, records and customer correspondence in services at arm’s-length rates. On this nor is it possible, that every single item a review that it requested, is every bit basis, argue petitioners, the Department be examined during verification. See as pervasive and significant as in prior must determine the value of unloading Monsanto Co. v. U.S., 698 F. Supp. 275, cases where the Department has charges incurred in Korea using 281 (CIT 1988). As our verification resorted to BIA. According to alternative information, specifically, the report indicates, we performed an arm’s- petitioners, when this data deficiency is highest reported brokerage and handling length test on Dongbu’s related party, combined with the Department’s charge for any U.S. sales. Dongbu Express, and found that inland inability to verify the accuracy of Respondent argues that there is no freight charges charged by an unrelated Union’s home-market date of sale and substance or merit to the allegation that party were less than those charged by Union’s failure to report accurate dates Dongbu Express provided freight Dongbu Express. Thus, we believe of sale for a significant percentage of its services on anything other than an Dongbu’s brokerage and handling U.S. sales, the Department has no arm’s-length basis. It asserts that expenses to be at arm’s-length. alternative but to resort to total BIA in petitioners are equally wrong in its final results in petitioners’ view. claiming that it is inappropriate or Comment 12 Petitioners cite Krupp Stahl in unreasonable for the Department to While supporting the Department’s support of their contention that the accept the reported freight charges decision to apply partial BIA to Union choice of which information to use as based upon the overwhelming evidence because of the respondent’s inability, at BIA must not reward a respondent. that Dongbu Express provides other verification, to properly document Petitioners take issue with the more valuable services at arm’s-length home-market product characteristics, Department’s partial BIA approach, and rates. Respondent cites Final petitioners contend the Department the Department’s presumption that the Determination of Sales at Less Than Fair should have resorted to total BIA. largest possible adjustment to the prices Value; Certain Hot-Rolled Carbon Steel Petitioners argue, failure to verify of comparable products is no more than Flat Products, Certain Cold-Rolled Union’s product characteristics taints 20 percent of the cost of manufacturing 18556 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices

(‘‘COM’’) of that product. Petitioners Union claims only two types of not normally tract product codes to claim that the Department can have no documents are at issue: mill certificates production records. idea of the extent to which improper and customer correspondence. In Union maintains that there exists on matches may understate FMV because Union’s view, respondent had no reason the record production information, some or all home-market products may to suspect that these documents, which viewed by the Department at be improperly matched. Therefore, it does not normally retain, would be verification, supporting its internal petitioners state, any sales of any deemed necessary at verification. Union product characteristics. The product in Union’s home-market concludes that the precedents Department, according to Union, database could theoretically be ‘‘underscore that the use of total BIA is examined post-POR mill certificates. In compared to U.S. price, and the record appropriate only for a noncooperative addition, Union claims that the shows that price differences between respondent or a respondent whose Department’s cost verifiers ascertained U.S. and Korean sales are in fact far submission is so fundamentally flawed that Union used a single product coding greater than the adjustment that it cannot be used even with partial system, which enabled them to test the preliminarily used by the Department. BIA.’’ See, e.g., Antifriction Bearings, quality and specifications of input According to petitioners, the (Other Than Tapered Roller Bearings) materials to the quality and Department has therefore rewarded, and Parts Thereof from France, 60 FR specifications of the finished product. It rather than penalized, Union for its 10900. Thus, respondent states that the is Union’s view that the Department’s improper record-keeping procedures. Department must reject petitioners’ verifiers could have tied Union’s Should the Department fail to use total request to use total BIA. product codes to its inventory BIA in its final results, the Department Respondent notes that the statement withdrawal records and to entries into will invite manipulation and in the verification report that the the finished goods inventory, which in circumvention of the antidumping Department was ‘‘unable to verify the turn could have been tied to production process by respondents, petitioners say. accuracy of the product code system for records such as inspection cards and under the partial BIA methodology [Union’s] home-market sales, or daily production reports, but they did employed by the Department, determine the basis behind Union’s not do so. Alternatively, Union suspects petitioners claim a respondent could coding of certain model-match the Department could have reconciled request a review and then destroy characteristics,’’ upon which petitioners total sales to total inventory entries or critical supporting documentation rest their claim for application of total withdrawals, thereby confirming that the amount sold of a given product associated with any sale under the guise BIA, is contradicted by factual evidence matched the total amount produced and that such destruction is its normal on the record. Union asserts that, as part entered into finished goods inventory, business practice and assign to such of the verification, the Department: (1) but it did not. sales the product characteristics it Repeatedly tied the product codes desires to ensure the most favorable Respondent reiterates that there is reported on Union’s tape to the product only one internal product coding system price-to-price comparisons, secure in codes used on commercial invoices the knowledge that the Department will used for home-market sales, U.S. sales maintained in the normal course of and cost of manufacturing. Respondent cap any BIA adjustment at a mere 20 business; (2) traced the reported invoice percent of the product’s COM. claims it is beyond dispute that the data, including the product code, from Similarly, petitioners argue, knowing Department verified both the U.S. sales the commercial invoice to Union’s sales that COP/CV data will not be adjusted data and cost data, which confirms the ledgers, and thus into the audited despite the Department’s inability to integrity of the entire internal product financial accounting system; (3) verify home-market product coding system, even if the Department compared the product codes with characteristics, respondents could was not fully satisfied that could tie Union’s product manual, and found no simply assign costs to specific home-market sales to mill certificates or discrepancies; and (4) repeatedly CONNUMs as they desire to ensure the customer correspondence. checked product codes for U.S. sales most favorable outcome. For all of the Union also asserts that its (which are the same product codes used above reasons, petitioners urge the recordkeeping practices do not differ Department to apply total BIA to Union in the home-market) against mill significantly from Dongbu’s, which, like for the final review results. certificates. Union also asserts that the Union, did not retain home-market mill Respondent rejects petitioners’ claim decision memorandum forwarded to the certificates or customer correspondence. that there are pervasive and significant Assistant Secretary failed to mention the Even if Union had kept records in a data deficiencies. It states that the first three of these facts. Rather, Union significantly different manner from Department verified home-market date avers, the Department’s memorandum Dongbu’s Union cites Coated of sale and that the Department has gives central status to two types of Groundwood Paper from Finland; Final already adjusted the data with regard to documents—mill certificates and Determination of Sales at Less Than Fair U.S. date of sale. Union states that there customer notifications—on no basis Value (56 FR 56363—November 4, 1991) is no evidence on the record indicating other than the fact that these documents as an example where the Department that the home-market codes are wrong. were not retained. Union also claims relied on very different documentation It notes that product code questions for that, by not notifying the company to verify two respondents’ respective home-market sales have no implications during verification of its concerns with product characteristics. In that case, for any of the cost data. regard to product characteristics, the Union claims the Department relied Respondent states that petitioners’ Department deprived Union of an upon Metsa-Serla’s product coding reliance on Cold-Rolled Stainless Steel opportunity to address those concerns. sheet to verify that respondent’s product Sheet from Germany and Krupp Stahl is Union, citing recent cases (see e.g., characteristics. It says Metsa-Serla was misplaced. In that case, Union states, all Brass Sheet and Strip from Canada, and not penalized because it was unable to records had been destroyed, preventing Oil Country Tubular Goods from Korea), provide mill orders and the other it from preparing a response to the argues that the Department routinely respondent, UPM/Rupola, was. Department’s questionnaire and relies on commercial documentation, Union states that the purported preventing the Department from such as invoices and sales ledgers, to difficulty in verifying home-market conducting a verification. In this case, verify internal product codes, and does product characteristics is limited to Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices 18557 those defined based on the internal highest VCOMH reported in Union’s margin calculations. In this case, product codes in Union’s sales ledgers. database for purposes of calculating the however, the Department did not have Union claims that the majority of the difmer adjustment as well as COP and home-market sales data that was reported product characteristics are not CV. otherwise usable according to derived from the internal product code. Respondent denies that the petitioners. Petitioners argue that when The product code was used as a basis of Department’s preliminary results reward the Department is unable to verify only 5 product characteristics out of 11. Union and urges the Department to submitted data, as it was in this case, Even when the product code was reject the notion that, absent any the statute requires the Department to relevant, it was generally relevant for evidence of manipulation, a 20 percent resort to BIA, which is always an only some distinctions within a product difmer adjustment would provide future adverse inference. In this case, they characteristic (e.g., the distinction respondents with an incentive to claim using Union’s CV data is not between different types of paints). manipulate the model-match process. adverse to Union and would reward Union states that the record of this Union argues that even if the Union. review does not provide any Department justifiably determined that Petitioners counter that the record is explanation or reasoned basis for the Union’s product characteristics had unclear as to whether the Department Department’s product hierarchy. Under inadequately been verified, its decision ‘‘repeatedly’’ tied the product codes to those circumstances, it is Union’s to resort to partial BIA was wrong, since sales and production documents, as opinion that the Department may not the statute affords the Department broad claimed by Union. Even if the lawfully use partial BIA even if Union discretion to base FMV on CV. Because Department did repeatedly perform each fails to support its product distinctions Union’s CV data was verified and of these tasks cited by Union, sufficiently. reflects the cost of the products sold in petitioners argue that none of these Even assuming certain product the United States, and the Department’s tasks (i.e., tying product codes from characteristics could not be verified, stated policy is to use as much of a sales invoice to sales tape, tracing Union argues, the Department’s respondent’s data as possible, the invoice data to sales ledgers, checking conclusion that the maximum possible Department had a responsibility to use product codes against a product code adjustment for differences in physical Union’s own, verified data rather than key, checking U.S. product characteristics of the merchandise using a flat, across-the-board difmer of characteristics against mill test (‘‘difmer’’) is necessary to account for 20 percent as BIA. Respondent notes, certificates) in any way confirmed that the worst case is unwarranted. The that a comparison of U.S. price to CV is products sold in the home-market Department could have drawn an totally unaffected by the perceived possessed the physical characteristics adverse inference with respect to the problems with the verification of reported by Union. specific product characteristics at issue. product characteristics and suggests that Petitioners claim that the statute Petitions dispute Union’s suggestion in light of the Department’s concerns, requires the Department to verify the that only a minority of product the use of CV is ‘‘the obvious accuracy of the data submitted, not characteristic variables were derived alternative.’’ some proxy thereof. They note that from the internal product code. Petitioners counter that Union’s CV Union has admitted on the record that Petitioners point out that the database is just as tainted by the failure its home-market customers are verification report specifically says the adequately to verify product somewhat less concerned than U.S. opposite in three different places, and characteristics as Union’s sales customers with the accuracy of product that Union never attempted to clarify or database. Union, they claim, mistakenly specifications. Therefore, petitioners rebut these statements. Union’s claim believes that, because the product argue, verification of U.S. product that certain product characteristics were characteristics associated with the characteristics cannot serve as proxy or derived from the product’s name, is a merchandise sold by Union in the U.S. surrogate for verification of home- non sequitur in petitioners’ view. They market are not in the dispute, the costs market product characteristics. argue that while these physical associated with producing that Petitioners allege that, to the extent that characteristics may be associated with merchandise are also not in dispute. the internal product code was the basis the product name, that alleged fact in no Petitioners state that, due to the for matching home-market products to way demonstrates that the product Department’s inability to verify the U.S. products, Union had an incentive actually produced and sold possesses accuracy of Union Steel’s reported to ensure that the product code assigned the physical characteristics attributable home-market product characteristics, to an individual home-market sale to it by virtue of its product name. the physical characteristics of the resulted in the most favorable match. Petitioners add that such a products whose production levels Petitioners claim that Union does not demonstration could only have been Union used in calculating the unit cost seem to recognize that submitted data effected by providing the Department of each given product are either must be verified not to its own with production records indicating the unknown or unreliable. satisfaction, but to the Department’s. physical characteristics of the products Petitioners also affirm that the statute Petitioners also argue that the produced and sold (e.g., production does not give the Department discretion verification reports cited by Union as orders or mill certificates), which Union to use CV as FMV when home-market evidence that the Department normally failed to do. In any event, petitioners sales data is not verified. They note the applies a lower standard for verification argue, even if a minority of Union’s statute provides that the Department of product characteristics than was the reported product characteristics were may use CV when home-market sales case here are all inapposite. In those derived from its internal product code, are found to be below cost in significant cases, petitioners claim, the Department it would be reasonable to limit numbers and when there are no was not verifying the accuracy of application of partial BIA to specific matchable numbers in the home-market product characteristics as reflected by product characteristics, because Union’s because they exceed the 20 percent product codes, but rather whether the home-market sales, cost, and difmer test. In those situations, merchandise was in-scope versus out-of- constructed-value data would still be petitioners observe, the Department has scope, or whether the respondent had tainted. Petitioners suggest, the before it otherwise usable and properly completely reported all sales of the Department could use as partial BIA the verified data which cannot be used in subject merchandise. In those cases, 18558 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices according to petitioners, the Department It is unclear, petitioners note, whether Petitioners dispute Union’s was provided with other the products that Union reported as contention that the Department’s documentation, including coming off its production line actually preliminary decision to use BIA was documentation furnished by the possessed the physical characteristics arbitrary because it was based on a customer, such as purchase orders and represented by the internal product comparison of Union’s recordkeeping order confirmations. Further, as Union code assigned to them in the accounting practices with Dongbu. Petitioners find has conceded, the verification records maintained with respect to this ‘‘strange,’’ since in its case brief, techniques employed in a given production. Finally, petitioners argue, Union itself compared its recordkeeping instance are dependent on the specific the fact that the accuracy of the internal practices to those of other respondents facts of each case. Petitioners state that code may have verified with respect to in non-flat-rolled-steel cases in an the Department has considerable one market (the United States) does not attempt to demonstrate the validity of latitude in conducting verification and mean it verified with respect to the its records. As to Union’s contention ‘‘[t]he decision to select a particular other (Korea). Even if the Department that, in fact, its recordkeeping practices method of verification rests solely incorrectly concluded that the accuracy differ little from Dongbu’s, petitioners within [the Department’s] sound of Union’s internal product code with point out that Union officials or counsel were not present at Dongbu’s discretion.’’ See Floral Trade Council v. respect to products produced for the United States, 822 F. Supp. 766 (CIT verification, that Dongbu never asserted home-market was verified, the accuracy 1993). Petitioners stress that Union, as (as Union did) that it was incapable of of the codes appearing on self-generated the requester of the review, has only tracing production to shipment, that it commercial invoices for home-market itself to blame for not preserving vital was able to show certain production documentation months after the review sales remains unverified. Petitioners records to the Department, and that had started. In addition, petitioners note object to Union’s suggestion that the Dongbu had not destroyed all of its that Union gave the Department reason Department could have employed home-market production records to distrust the company’s reported alternative verification techniques, relating to the POR. product characteristics by placing on thereby trying to usurp the Department’s Department’s Position the record a report, prepared by a role. They note that the verification private consulting firm in Union’s outline clearly put the respondent on We disagree with petitioners that the employ, which stated that the notice as to the goals of the verification Department should have restored to respondent was incapable of tracing its and as to the type of supporting total BIA. The Department applies total production records to individual documentation Union would be BIA when a respondent refuses to shipments. required to produce. It was therefore provide the information requested in a Petitioners claim that Union’s post ‘‘unconscionable’’ for Union to destroy timely manner or in the form required, hoc explanation of the production records that would have allowed the or otherwise significantly impedes a records it allegedly maintained does not Department to verify the accuracy of the proceeding. See Antifriction Bearings demonstrate the accuracy of its reported most critical component of antidumping (Other than Tapered Roller Bearings) home-market product codes. Petitioners analysis—the product characteristics and Parts from France, et al.; Final allege that the explanation furnished by assigned to each control number, Results of Antidumping Administrative Union with regard to post-POR records according to petitioners. It is incumbent Reviews, 60 FR 10900, 10908 (February allegedly examined by the Department’s upon a respondent to volunteer to the 28, 1995), Allied-Signal Aerospace Co. verifiers constitutes new factual Department’s verifiers information as to v. United States, 996 F.2d 1185 (Fed. information that should be stricken from what sort of documentation is available Cir. 1993); NTN Bearing Corp. of Union’s case brief. Petitioners argue that to permit verification. It would appear America v. United States, Slip Op. 93– explanation does not exist anywhere on that by inserting the consulting firm’s 129 (CIT July 13, 1993). The Department the record, nor is it clear that report on the record of the verification, considers the errors and inconsistencies in Union’s submission to be of such a verification reports or exhibits support Union was fully aware of the problem nature that they do not warrant the use that purported explanation. posed by verifying home-market of BIA, as discussed below. With respect Consequently, petitioners request that product characteristics. Yet it was not this explanation be stricken from the to U.S. date of sale discrepancies, we until the case brief that Union record and ignored on the grounds that agree with respondent that this has volunteered the existence of documents it is untimely submitted. In any event, already been addressed in the which it claims would have permitted these materials were examined by preliminary results by using date of petitioners for the limited purpose of such a verification. Union had shipment as date of sale. ascertaining the accuracy of Union’s repeatedly denied that production We agree with respondent that the reported date of sale in the home- records could be tied to shipment case cited by petitioners regarding the market. Therefore, petitioners claim any records. Union also suggests post hoc destruction of records are not applicable assertion that these materials support that inventory records could have been to this instance. In Krupp Stahl AG v. home-market product characteristics is used to verify product characteristics, United States, 822 F. Supp. 789 (CIT post hoc and unverified. yet the consulting firm’s report states 1993), for instance, respondent Petitioners also deny that the cost outright that these records are purposefully destroyed all records for verification supports the validity of inaccurate. If the product code could the POR, making it impossible for them Union’s internal product coding system. not be verified for home-market sales, to respond to our questionnaire or They claim that the cost verifiers did petitioners suggest, it is doubtful that enable us to verify any submitted not ascertain whether the reported the accuracy of the product codes in the information. That is not the case with internal codes accurately reflected the inventory records could have been Union. Following its normal characteristics of products produced verified. Petitioners affirm that there is procedures, Union did not retain mill and sold. Rather, petitioners say, the no requirement that the Department certificates or other documents needed verifiers tested input costs on the basis inform a respondent, during to verify home-market product of the specifications of Union’s internal verification, of errors and deficiencies characteristics. However, all other product code and physical dimensions. discovered during same. documentation was maintained and Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices 18559 there is no evidence that respondent’s for U.S. sales and the Department was information, as well an any alternative failure to retain certain records was able to verify its accuracy is irrelevant. documentation which could have intended to impede our ability to Products sold in the U.S. had served to verify reported product conduct this proceeding. commercial invoices with detailed characteristics, was lacking for Union, Union’s claim that the difficulty in descriptions of the product sold, and the or not brought to the Department’s verifying home-market product necessary mill certificates that could be attention. characteristics was limited to those used to confirm these product As a result of our analysis of all defined by the internal product code is descriptions. In addition, products sold comments received following our partially correct. The internal product in the two markets possess different preliminary results and a re-evaluation code did serve as the basis for physical and mechanical characteristics, of the information on the record for this categorizing many of the corrosion- are made to different specifications, and proceeding, we are changing the resistant model-match variables; are coded differently in the internal methodology from that used in the however, it was the basis for a majority product code. preliminary results. Because Union’s of the variables, rather than just the five We note that Union, in its case brief reported home-market product referenced by respondent. In fact, five of of October 2, 1995 (at 15 et seq.), almost characteristics were not verifiable, it the six most important variables in the seven months after the verification and was not possible for the Department to model-match hierarchy were derived five months after the sales verification make reliable price-to-price from the internal product code, and report (‘‘SVR’’) was issued, suggests that comparisons. Under such Union’s methodology for categorizing an the Department could have used circumstances, the use of total BIA additional variable (Yield strength) on alternative verification techniques to normally would be warranted in specific sales was not explained to the verify Union’s home-market product calculating FMV. In this particular case, Department. Since Union did not characteristics. If that were true, however, the Department has concluded maintain records of any correspondence respondent could have suggested these that it would be inappropriate to use with its home-market customers prior to techniques during the verification itself, total BIA for the following reasons: shipment indicating the product being but did not do so. Only the respondent sought, and the description of products is in a position to know what —Union’s normal business practice at sold in the home market and appearing documentary evidence there exists in its the time was not to retain certain on the commercial invoices was only possession; it is the respondent’s production records, such as mill the internal product code, with the responsibility to determine, prior to the certificates; exception of thickness and width, the verification, what documentary —there is no evidence on the record that Department was required to verify that evidence exists in its records supporting Union deliberately refrained from the product code represented an the information previously supplied to retaining those records with the accurate reflection of the product sold the Department, and to provide such purpose of impeding the Department’s and shipped. The fact that Union did documentary evidence to the ability to conduct this proceeding; not preserve production records for its Department’s verifiers. It is not the —we were able to verify product home-market sales, such as mill responsibility of the Department’s characteristics of the merchandise certificates, which would provide this verifiers to guess what records might be sold in the U.S. market and to link detailed information on products in the respondent’s possession and to specific U.S. sales to control numbers; produced and which would like these suggest to the respondent how it might and products to specific sales, prevented the best document the information provided —CV was associated with specific Department from determining the in the questionnaire responses. We note control numbers. Accordingly, we have used CV to accuracy of this system. further that, at verification, Union determine FMV, in accordance with With respect to Union’s claims that entered as a verification exhibit a section 773(a)(2) of the Act. In any the Department relies on commercial consulting report stating that Union’s documentation, such as invoices and production and inventory records are future review of this order, however, the sales ledgers, to verify internal product inaccurate. See Union’s SVR of May 16, Department expects Union to retain any codes, we note that Union’s invoices— 1995, at 10. This calls into question the and all records, including production unlike those for many companies do not possibility of successfully employing records, necessary to permit the contain a detailed product description the alternative techniques Union is now Department to verify Union’s home- of the product sold. Neither did Union advocating. Finally, contrary to Union’s market product characteristics. maintain any customer correspondence claim, it is not true that at verification We disagree in part with petitioners’ or any documentation which contained the Department examined post-POR mill assertion that the CV cost data are not such a detailed product description. certificates as well as ‘‘factory viable because production quantities With respect to the cases cited by inspection cards’’ for certain home- were used to allocate costs. While it is Union, we note that the reference in market sales within the POR. true that the quantities of each control Brass Sheet and Strip from Canada was Union’s assertion that its number sold were used to reconcile not relevant to verifying product recordkeeping practices do not differ total costs to respondent’s financial characteristics as it involved a volume significantly from Dongbu’s is also statements, these quantities were not and value trace. The reference to Small incorrect. Dongbu, like most other used to build up individual costs by Diameter Circular Seamless Carbon and parties in these flat-rolled steel control number. Instead, Union used Alloy Steel Standard, Line and Pressure proceedings, did maintain mill average material costs based on Pipe from Brazil and Germany was also certificates on at least some of its home- withdrawals from inventory. The not relevant to the present case, as market sales during the POR. Dongbu weighted-average costs were then Mannesmann used universal product also retained various customer applied to a specific control number, codes. No such claim was made by correspondence containing product and therefore, the final production Union; indeed Union consistently descriptions. While it is not the quantity of that control number was not referred to its codes as ‘‘internal’’ codes. Department’s practice to mandate that relevant. For fabrication costs, Union Union’s allegation that the internal respondents keep their records in a used the pass-through quantities for product code was the same as that used particular manner, in this case all of this each process to accumulate and allocate 18560 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices costs to a specific control number. transaction to determine the transaction- improperly assigned the same cost of Again, the final production quantity was specific profit (i.e., sales value minus manufacturing to multiple products in not used to allocate costs, and therefore, simple average COP times sales its COP and CV databases when these is irrelevant. Thus, we are satisfied that quantity). Finally, we weight-averaged products’ physical characteristics Union’s method of assigning a cost to a the transaction-specific profits for differed in yield strength and, or, width. specific control number is reasonable purposes of deriving an overall profit The petitioners argue that these and that total costs (i.e., materials, labor, percentage for use in the CV calculation. products with the same COM figures are overhead) were allocated to either We were able to weight-average profit not identical products and, therefore, home-market, third-country, or U.S. because we verified the quantities and should have distinct production costs. merchandise. prices of Union’s individual home- Thus, to avoid any manipulation of cost, In calculating FMV on the basis of CV, market sales transactions. the petitioners request that the we did not use the statutory minimum Given Union’s home-market data Department adjust Union’s cost data to eight-percent profit. Section deficiencies, we determined that this eliminate the distortion caused by 773(e)(1)(B)(ii) of the Act requires that, approach was a reasonable means to inappropriate cost allocations. as a component of CV, an amount for calculate the profit component of CV. Union contends that its cost data was profit shall be used that is equal to that We used as much of Union’s verified reported to an appropriate degree of usually reflected in the sales of the data as possible. However, where specificity. Union states that the merchandise made by producers in the verified data were not available, we petitioners claim is made without any country of exportation, except that the resorted to partial BIA, still using substantial support because the amount of profit shall not be less than Union’s data but in a more adverse Department’s hierarchy is not based on 8 percent of the sum of such general manner than if the data in question had physical characteristics alone, and that expenses and cost. In this instance we not failed to verify. We concluded that there are no reasons to expect any given were unable to determine the actual adopting this partial BIA approach, company to track possible small amount of Union’s profit because the rather than using the statutory differences in costs that may be profit component of Union’s reported minimum profit, comported with the associated with different classifications CV data is derived from Union’s home- statute, the Department’s practice, and in the hierarchy. Additionally, the market COP database, which, as we with Court precedent. As the Department’s hierarchy classification explained above, is not usable because Department has previously noted, ‘‘the chose to conform to commercial we could not verify Union’s home- noncomplying respondent cannot find practices rather than production market sales product characteristics. itself in a better position as a result of characteristics which cause some Because these product characteristics failing to comply with the Department’s products to have similar costs of could not be verified, we were unable to information request than had the manufacturing. Furthermore, Union match specific sales to specific costs; respondent provided the Department states the Department thoroughly thus, it was not possible to determine with complete, accurate and timely verified product costs by control the actual profit for specific products data.’’ Replacement Parts for Self- number and found no discrepancies. based on a transaction-by-transaction Propelled Bituminous Paving Department’s Position build up. Consequently, because of this Equipment From Canada; Final Results failure of verification, the Department, of Antidumping Duty Administrative For the final results, we accepted pursuant to section 776(c) of the Act, Review, 56 FR 47451, 47453 (September Union’s control-number-specific costs. resorted to the use of BIA in order to 19, 1991). See also National Steel Corp., We found that Union’s cost data was determine the profit component to be et al. v. United States, 870 F. Supp. allocated to a sufficient level of product used in calculating CV. As partial BIA, 1130, 1135 (CIT 1994) (approving use of detail following the Department’s we have used the weighted-average adverse partial BIA when only part of section D questionnaire instructions. profit for all above-cost home-market the submitted information is deficient). Following these instructions, it is sales. Finally, we agree with petitioners that possible for some of Union’s control In order to determine which sales certain statement made by Union its in numbers to have similar cost of were made at prices above the COP, we its case brief and rebuttal brief manufacturing for products that varied calculated a simple average COP based constitute new factual information only in yield strength and width. on all home-market sales. We were within the meaning of section Specifically, the determination of a unable to calculate a weighted-average 353.31(a)(3) of the Department’s product’s manufacturing costs that are COP because we could not link Union’s regulations, and have stricken this associated with yield strength is based COP database to individual home- information from the record. We have mainly on the carbon content and market sales as Union’s home-market also stricken from the record references possibly any micro alloying elements of sales product characteristics could not made by Union to the DKI verification the raw-material input. A raw material be verified. After calculating the simple report in the concurrent proceeding input with a higher carbon level will average COP, we compared that cost to involving certain cold-rolled carbon produce a product with a higher yield each individual home-market sale to steel flat products from Korea. That is a strength. However, even though raw- determine which sales were made at separate proceeding, and the material inputs may vary in carbon prices above the COP. information in question is not on the content, their acquisition cost can be Once we had determined which record of this case. identical. Additionally, Union weight- home-market transactions were made at As we are not using total BIA, averaged its raw materials based on prices above the simple average COP, comments regarding the choice of a total other industry characteristics of the raw we calculated the transaction-specific BIA margin are moot. material input than the carbon content profit for those sales. This was done by (i.e., commercial quality, drawing first calculating the sales value of each Comment 13 quality and ASTM grade). Hence, it is individual home-market transaction Petitioners contend that Union Steel’s possible for some of Union’s products (i.e., net price times sales quantity). submitted COP and CV data must be that are in different strength bands to From each sales value we subtracted the revised to reflect product-specific costs. have no cost differential. As for value of the COP for that particular According to petitioners, Union petitioners’ concern that the cost of Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices 18561 manufacturing should differ for differently, and ascertained that steel activities: the arrangement and payment products with different width, we are coils were being stored on the mill floor. for warehousing expenses on U.S. sales; satisfied that the respondent reasonably The department also verified Union’s the financing of U.S. sales; and the allocated costs associated with width calculation of inventory carrying costs hiring of commission agents and differentials. For certain types of cost, and traced the figures to Union’s entrance into commission arrangements Union used processing times to allocate accounting records. The Department, with same. Petitioners state that UA fabrication costs by deriving an average therefore, believes there is sufficient reported substantial inventories of steel cost. This average cost was then applied information on the record in support of products in 1993, and that UA will, for to specific control numbers. Therefore, this adjustment. certain warranties, independently due to this averaging it is possible for Comment 16 authorize a compensatory cash discount identical products, with the exception without contacting Union. Petitioners of width, to have the same cost of Petitioners claim that the Department further report the following: that UA has manufacturing. should treat Union’s U.S. sales through the authority to grant rebates; that UA Union America (‘‘UA’’) as ESP is engaged in advertising on behalf of Comment 14 transactions for purposes of the final Union; that UA assumes the seller’s risk Petitioners contend that the results. Petitioners base this claim on pursuant to the terms of the invoices conversion factor used by Union to three broad reasons: (1) Union’s U.S. issued to U.S. customers; that UA is the convert home-market sales of sheet sales through UA do not meet the carrier of Union’s marine insurance reported in theoretical-weight terms to statutory definition of purchase-price policy and pays the premium for that actual-weight terms was flawed, because transactions; (2) the limited factual insurance; that UA is the importer of Union was unable to document the basis information on the record only supports record and pays U.S. duties, brokerage, for its formula at verification and a conclusion that the subject sales are and handling on U.S. sales; that UA because the formula, by Union’s own ESP transactions; and (3) declarations pays Union the transfer price for the admission, was based on incomplete made on Customs form 7501 clearly merchandise and in turn is paid by the data covering only a portion of the POR. indicate that UA is the purchaser of the U.S. customer, thereby bearing the risk Petitioners suggest instead that the imported merchandise. of non-payment by U.S. customers; and In determining whether a U.S. sales Department apply a conversion factor that UA takes title to the merchandise transaction meets the statutory derived from the lowest ratio at the time it is loaded in Korea. definition of purchase price, the experienced by Union on the basis of Petitioners assert that UA repeatedly information on the record. Department looks at whether (a) the merchandise was shipped directly from declared on Customs form 7501 (‘‘Entry Respondent counters that the Summary’’) that it purchased the Department was able to verify the the manufacturer to the first unrelated purchaser in the United States, without merchandise. Therefore, the transaction theoretical-to-actual weight conversion between Union and UA is a purchase factor. Union states that the sales being introduced into the inventory of the related shipping agent; (b) direct ‘‘for export to the United States,’’ so that verification report was inaccurate on the transactions between UA and its this point, and that it explained the shipment from the manufacturer to the unrelated parties was the customary unrelated purchasers are necessarily nature of the discrepancy immediately sales ‘‘in the United States’’ meeting the following the issuance of the report. commercial channel for sales of the merchandise between the parties definition of ESP transactions, in Department’s Position involved; and (c) the related selling petitioners’ view. They add that UA entered the merchandise in question for Because we based FMV on CV, this agent in the United States acted only as appraisement at its ‘‘transaction value,’’ comment is moot. a processor of sales-related documentation and a communications which is defined as ‘‘the price actually Comment 15 link with the unrelated U.S. buyers. paid or payable for the merchandise Petitioners argue the Department Petitioners claim that the first two when sold for exportation to the United should deny Union’s claimed factors may be indicia pointing to the States.’’ If the importer of record (UA) circumstance-of-sale adjustment for conclusion that sales took place in a has entered the merchandise at the price inventory carrying costs, since during foreign country for exportation to the established between the related parties verification Union prevented the United States, but are not dispositive of as the transaction value, then by Department’s staff from actually the issue. In the steel industry, definition the sale was for export to the examining the area in the mill where the petitioners contend, these factors are not United States and the sale between UA physical inventory is stored. Petitioners informative because most international and the first unrelated U.S. purchaser claim that allowing the claimed shipments are shipped directly to the cannot also be the sale for export to the adjustment would only reward Union’s customer and not carried in inventory. United States. It follows, say petitioners, obstructiveness. Therefore, even if the merchandise is that the latter sale must be an ESP Respondent retorts that these costs shipped directly to the customer and transaction. were fully verified. Union notes that it not placed in inventory in the United Respondent answers that the does not have a distinct warehouse for States, more evidence is needed to Department properly treated the vast finished goods, and the verification conclude that a sale is a purchase-price majority of Union’s U.S. sales through team did examine inventory areas at the transaction, according to petitioners. Union America as purchase price sales. mill. Under the circumstance, they argue, the The terms of sales are set prior to focus must be on the third factor of the importation. Union claims that Department’s Position Department’s test. petitioners concede that the We disagree with petitioners. During Petitioners contend that the record merchandise in question was shipped the sales verification, the Department’s evidence demonstrates that UA acts as directly from the manufacturer to the verifiers mistakenly understood that more than a mere processor of sales- unrelated buyer, without being there was a separate area in Union’s mill related documentation on behalf of introduced into inventory of the related dedicated to storing inventory. The cost Union’s U.S. purchasers. They report shipping agent, and direct shipment was verifies, however, understood that UA is involved in the following the customary channel of distribution. 18562 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices

With regard to whether UA acted only Granular Polytetrafluoroethylene Resin merchandise, but not from UA’s as a processor of sales-related from Japan: Final Results of inventory. When all three of the factors documentation and a communications Antidumping Duty Administrative already described for sales made prior to link, Union cites the following: UA does Review, 58 FR 50343–4 (September 27, the date of importation through a related not warehouse the imported 1993). These criteria were first sales agent in the United States are met, merchandise; UA does not sell from developed in response to the Court of we regard those selling functions of the inventory; UA does not finance U.S. International Trade’s decision in PQ exporter as having been relocated sales; UA does not have the authority to Corporation v. United States, 652 F. geographically from the country of authorize a cash discount for warranty Supp. 724, 733–35 (CIT 1987). It has exportation to the United States, where claims; Union Steel sets guidelines for also been considered in cases with the sales agent performs them. The hiring of any commission agents; UA indirect purchase-price transactions substance of the transaction or the does not enter into rebate agreements; involving exporters and their U.S. functions do not change whether these UA does not engage in any significant affiliates. See, e.g., Zenith Electronics functions are performed in the United advertising on behalf of Union; Union Corp. v. United States, Consol. Ct. No. States or abroad. In this case, Union has Steel ultimately assumes the seller’s risk 88–07–00488, Slip Op. 94–146 (CIT transferred these routine selling pursuant to the terms of the invoices 1994). functions to its related selling agent in issued to U.S. customers; UA’s Furthermore, the Department has the United States and the substance of procurement of marine insurance is a recognized and classified as indirect the transaction is unchanged. normal function of related selling agent; purchase price sales transactions Comment 17 and that UA’s role as the importer of involving selling activities similar to record and payment of U.S. duties, Petitioners contend the Department those of UA’s in other antidumping must deduct actual countervailing and brokerage, and handling on U.S. sales is proceedings involving Korean a normal function of a related selling antidumping duties from USP when manufacturers and their related U.S. they are paid by the respondent or agent. Union further states that although affiliates. See, e.g., Final Determination UA issues commercial invoices as related parties because (1) the plain of Sales at Less Than Fair Value; language of the statute requires this Union’s proxy, it merely processes Circular Welded Non-Alloy Steel Pipe sales-related documentation, Union conclusion; (2) court decisions are also from the Republic of Korea, 57 FR Steel bearing the final responsibility for consistent with this conclusion; and (3) 42942, 42950–1 (September 17, 1992). the transaction. Union notes that the record evidence demonstrates that In the present review, for sales whether or not UA takes title to the UA is paying for countervailing and considered to be purchase price in the merchandise at the time of loading in antidumping duties on behalf of Union’s preliminary results we found that: (1) Korea is irrelevant, since it must take U.S. sales and that those costs are Union’s sales through UA, its related title of the merchandise in order to included in the price to the first sales agent in the United States, are resell it to an unrelated customer in the unrelated party. most always shipped directly from United States. Thus, in respondent’s With respect to the first point, Union to the unrelated buyer and only view, Union has strictly limited the role petitioners cite section 772(d)(2) of the of UA to that of a conduit for Union’s rarely are introduced into UA’s Act, which provides in relevant part sales and processors of sales-related inventory; (2) Union’s customary that ‘‘the purchase price and the documentation and these sales should channel of distribution is direct exporter’s sales price shall be * ** be treated as purchase price. shipment, although certain limited sales reduced by—except as provided in are normally introduced into UA’s paragraph (1)(D), * * * United States Department’s Position inventory; (3) UA performed limited import duties, incident to bringing the We agree with respondents. We liaison functions in the processing of merchandise from the place of shipment determined that purchase price was the sales-related documentation and a in the country of exportation to the appropriate basis for calculating USP. limited role as a communication link in place of delivery in the United States’’ Typically, whenever sales are made connection with these sales. UA’s role, (19 U.S.C. 1677a(d)). Antidumping and prior to the date of importation through for example, in extending credit to U.S. countervailing duties are plainly import a related sales agent in the United customers, processing of certain duties ‘‘incident to bringing the States, we conclude that purchase price warranty claims, limited advertising, merchandise from the place of shipment is the most appropriate determinant of processing of import documents, and in the country of exportation to the the USP based upon the following payment of cash deposits on place of delivery in the United States.’’ factors: (1) The merchandise in question antidumping and countervailing duties, The language of the statute does not was shipped directly from the appears to be consistent with purchase- indicate that antidumping and manufacturer to the unrelated buyer, price classification. These selling countervailing duties are to be excluded without being introduced into the services as an agent on behalf of the from the phrase ‘‘import duties.’’ inventory of the related shipping agent; foreign producer are thus a relocation of Moreover, petitioners say, when this (2) direct shipment from the routine selling functions from Korea to provision is read in conjunction with manufacturer to the unrelated buyers the United States. In other words, we section 772(d)(1)(D) of the Act, the was the customary commercial channel determined that UA’s selling functions conclusion that antidumping and for sales of this merchandise between are of a kind that would normally be countervailing duties constitute ‘‘import the parties involved; and (3) the related undertaken by the exporter in duties’’ under section 772(d)(2)(A) is selling agent in the United States acted conneciton with these sales. More inescapable. Section 772(d)(1)(D) only as a processor of sales-related specifically, we regard selling functions, provides that USP shall be increased by documentation and a communication rather than selling prices, as the basis the amount of any countervailing duty linked with the unrelated U.S. buyers. for classifying sales as purchase price or imposed to offset an export subsidy. By See, e.g., Certain Stainless Steel Wire ESP. While in some cases certain including the phrase ‘‘except as Rods from France; Final Determination merchandise sold by Union was entered provided in paragraph (1)(D)’’ in section of Sales at Less than Fair Value, 58 FR into UA’s inventory, this merchandise 772(d)(2)(A), the drafters clearly 68865, 68868–9 (December 29, 1993); was sold prior to the importation of the understood the subsection’s reference to Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices 18563

‘‘import duties’’ as including that, in Antifriction Bearings (Other ascertain that Union in fact extended countervailing duties imposed to offset Than Tapered Roller Bearings) and Parts certain early-payment discounts, and to an export subsidy. This exception was Thereof from France, et al.; Final verify to its satisfaction the amount of necessary to ensure that the statute was Results of Antidumping Duty such discounts. See Union’s SVR of May consistent with Article VI¶ 5 of the Administrative Reviews, Partial 16, 1995, at 33. General Agreements on Tariffs and Termination of Administrative Reviews, Comment 19 Trade (‘‘GATT’’), which prohibits the and Revocation in Part of Antidumping assessment of both antidumping and Duty Orders, 60 FR 10900 (February 28, Petitioners point out that, although countervailing duties to compensate for 1995), the Department stated as follows: Union provided revised COP/CV the same cause of unfairly low-priced information to the Department at We agree with respondents that making an verification, Union did not submit this imports, whether by dumping or as a additional deduction from USP for the same result of an export subsidy. Had the antidumping duties that correct for price information in computer format after the exception not been inserted, an amount discrimination between comparable goods in verification and that, as a consequence, would be added to USP by section the U.S. and foreign markets would result in the Department inadvertently failed to 772(d)(1)(D) and deducted by section double-counting. Thus, we have not include these revisions in its margin 772(d)(2)(A). Therefore, petitioners deducted antidumping duties or calculations for the preliminary results. believe, Congress contemplated that antidumping duty-related expenses from ESP Accordingly, the Department must antidumping and countervailing duties in this case. incorporate Union’s revised, verified were to be treated as ‘‘import duties’’ Union states that the Department COP/CV data in its final results. and deducted from USP. disagreed with petitioners’ claim that Department’s Position With respect to the second point, antidumping duties constitute a selling petitioners argue that the Department expense, and notes that the We agree with petitioners. We must also deduct the cost of Department’s practice has been upheld requested that Union provide us with its antidumping duties equal to the amount by the courts. Finally, Union denies that revised, post-verification COP/CV data. of the calculated margin. In Federal- the intent of Congress has been that AD/ Union provided us with the data Mogul Corp. v. United States, 813 F. CVD duties be deducted from USP, consistent with the methodology we are Supp. 856, 872 (CIT 1993), according to citing the Statement of Administrative employing in these final results. petitioners, the court recognized that Action that accompanied the URAA that Comment 20 section 772(d)(2)(A) of the Act requires the law ‘‘is not intended to provide for Petitioners argue that the Department the Department to deduct any import the treatment of antidumping duties as must revise Union’s reported G&A duties that can accurately be determined a cost.’’ at the time the Department is calculating expenses to account for expenses the current dumping margins. In this Department’s Position incurred by the Dongkuk Steel Mill case, once the final results are issues, We agree with respondent. See DOC (‘‘DSM’’) group as a whole. In prior Union’s antidumping duties will Position to Petitioners’ Comment 7 cases, the Department has adjusted a actually be determined. Therefore, supra. respondent’s submitted data to include petitioners urge the Department, in its an allocated portion of the parent final results, to deduct the difference Comment 18 company’s expenses. The record in this between FMV and USP (i.e., the actual Because on three separate occasions case, petitioners assert, clearly indicates duty amount) from USP before the final the Department requested information that expenses were incurred at the margin is calculated. from Union regarding its early-payment headquarters or DSM group level (e.g., With respect to the third point, discount policies for U.S. customers, chairman’s salary, group product petitioners cite the verification report as and Union failed to provide the brochures, group training center, and evidence that Union America is requested information, petitioners argue personnel welfare center, office costs, incurring the cost of antidumping and that the Department should adopt BIA security expenses, entertainment countervailing duties on behalf of with respect to those discounts. expenses, etc.). Union, and that those costs are passed Petitioners suggest, as a reasonable Since Union failed to furnish on to the first unrelated purchaser in the adverse inference, that the Department complete information regarding these United States. assume that Union granted an early- expenses, petitioners argue that the Petitioners state that the Department payment discount on any transaction Department should, as BIA, increase must deduct the full amount of the where payment was received before the Union’s calculated G&A expense by the countervailing duties paid by UA for due date. ratio of all G&A expenses incurred at those entries covered by the first Union claims that it was fully DSM over the consolidated DSM group’s administrative review of the responsive to the Department with cost-of-sales. countervailing duty order on the subject regard to information about this Union contends that the Department merchandise. Since no party requested discount and that it was fully verified. should reject the petitioners proposed a review of this order, those duties have Union states that its discount ‘‘policy’’ combination of DSM’s and Union’s G&A become final and they represent a does not matter; all that matters is that expenses. Union argues that there is no calculable cost to Union apart from the it did extend early-payment discounts, parent-subsidiary relationship between payment of the estimated antidumping that it did report them, and that they the two entities and that there are no duty deposit. Therefore, petitioners were verified. DSM general expenses to attribute to claim, the payment of countervailing Union’s activities. Union also counters duties must be treated as actual import Department’s Position that Dongkuk Steel Mill was a duties for purposes of calculating We agree with respondent. Although respondent in the 1993 antidumping Union’s dumping margin. the Department did ask Union, on more investigation of Certain Cut-to-Length Union replies that the Department has than one occasion, to state it policy with Carbon Steel Plate from the Republic of repeatedly rejected the notion of treating respect to early-payment discounts in Korea, and in that case the Department AD/CVD duties as expenses to be the U.S. market and did not receive an concluded that Dongkuk Steel Mill’s deducted from U.S. price. Union adds answer, the Department was able to G&A expenses were appropriately 18564 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices allocated to Dongkuk Steel Mill’s made upward adjustments to USP of correct the price discrimination between activities and not to a group. this type. See Final Determinations of the U.S. and home markets would result Additionally, Union contends that the Sales at Less Than Fair Value; Certain in double-counting, and inconsistency petitioners’ proposed adjustment is a Hot-Rolled Carbon Steel Flat Products, with administrative and judicial specific question to the review of cold- Certain Cold-Rolled Carbon Steel Flat precedent. The same principle applies rolled, which is a totally different Products, Certain Corrosion-Resistant with regard to countervailing duties. proceeding. Therefore, since the Carbon Steel Flat Products, and Certain Deducting such duties as a cost would Department failed to request this Cut-to-Length Carbon Steel Plate from negate the purpose of their being added information for this review, it cannot Korea, 58 FR 37176 (1993). Dongbu to USP in the first place. use a BIA adjustment based on the states that such an adjustment is failure to provide the information. required both for assessment purposes Union and for purposes of determining the Comment 1 Department’s Position cash deposit rate applicable to future We disagree with petitioners. For the Union contends that the Department entries. As reported in the Final erroneously included a small number of final results, we did not combine Determinations, the level of export Dongkuk Steel Mill and Union’s general U.S. sales as ESP transactions in its subsidies determined in the final preliminary calculations. Because the and administrative costs. It is the countervailing duty determination for merchandise in question was entered Department’s normal practice to include corrosion-resident products was 0.10 into the United States prior to the POR, a portion of the G&A expense incurred percent ad valorem. Because Dongbu Union requests that these transactions by affiliated companies on the reporting has made deposits reflecting these be removed from the final margin entity’s behalf in total G&A expenses for amounts in conjunction with the entries calculations. COP and CV purposes. However, in this of corrosion-resident flat products under Petitioners support the Department’s specific case, we did not identify and review in this proceeding, Dongbu finding that these transactions are allocable parent company costs after claims it is therefore entitled to a further subject to review. They note that these reviewing the information on the record. adjustment of USP in this amount. See e.g., Final Determination of Sales at Petitioners agree with respondent transactions occurred after importation, Less Than Fair Value: Small Diameter provided that the Department fully clearly making them ESP transactions. Circular Seamless Carbon and Alloy implements the statute, which they Petitioners quote from the Department’s Steel, Standard, Line and Pressure Pipe assert also requires under section questionnaire, which states that for ESP from Italy, 60 FR 31981, 31992 (June 19, 772(d)(2)(A) of the Act that USP also be transactions, respondents must report 1995); Final Determination of Sales at reduced by ‘‘(A) except as provided in all sales to unrelated purchasers which Less Than Fair Value: Welded Stainless paragraph (1)(D), the amount if any, occurred during the period of review. Steel Pipe from Malaysia, 59 FR 4023, included in such price, attributable to As this merchandise was resold in the 4027 (January 28, 1994). any additional costs, charges and United States during the POR it is expenses, and United States import covered, according to petitioners. Respondents’ Comments duties, incident to bringing the Department’s Position Dongbu merchandise from the place of shipment We have reviewed our position on Comment 1 in the country of exportation to the place of delivery in the United States’’ this issue and now agree with According to respondent, the (19 U.S.C. 1677a(d)). Thus, petitioners respondent. In accordance with section Department is required to make an argue that if the Department adds the 751 of the Act, the Department is additional upward adjustment to USP to amount of the export subsidy to USP, it required to determine the FMV and PP account for export subsidies subject to should also treat the remaining part of or ESP of each entry of subject countervailing duties. Citing Article the countervailing duties paid on those merchandise during the relevant review VI¶5 of the General Agreement on shipments as costs, charges and period. Because there can be a Tariffs and Trade (Uruguay Round expenses, and United States import significant lag between entry date and Agreements Act, Pub. L. 103–465, Th. duties in accordance with the statute. sale date for ESP sales, it has been the section 101 (approving the Final Act Department’s practice to examine U.S. Embodying the Results of the Uruguay Department’s Position ESP sales during the review. See e.g., Round of Multilateral Trade We agree with petitioners and Gray Portland Cement and Clinker from Negotiations, Annex 1A 1(a)), respondent in their arguments that Japan; Final Results of Antidumping respondent states that it provides that Dongbu is entitled to a 0.10 percent ad Duty Administrative Review (58 FR ‘‘[n]o product * * * shall be subject to valorem adjustment to the USP. 48826—September 20, 1993), where the both antidumping and countervailing However, we disagree with petitioners Department did not consider ESP duties to compensate for the same regarding their contention that if the entries which were sold after the POR. situation for dumping or export amount of the export subsidy is added The CIT has upheld the Department’s subsidization.’’ This provision was to USP, the remaining portion of the practice in this regard. See The Ad Hoc implemented into U.S. law by section countervailing duties paid on those Committee of Southern California 772(d)(1)(D) of the Tariff Act of 1930, shipments must also be treated as costs, Producers of Gray Portland Cement v. amended, 19 U.S.C. 1677a(d)(1)(D). charges and expenses, and United States United States, CIT Slip Op. 95–195, Thus, argues respondent, purchase price import duties. As noted earlier in our December 1, 1995 (‘‘Ad Hoc’’). Although and exporter’s sales price shall be comments, we determined in Certain the CIT, in Ad Hoc, accepted that increased by the amount of any Hot-Rolled Lead and Bismuth Carbon ‘‘consideration of all sales, rather than countervailing duty imposed on the Steel Products from the United entries, made during the period of merchandise to offset the export Kingdom; Final Results of Antidumping review may result in the consideration subsidy. Respondent also asserts that, Duty Administrative Review (60 FR of entries made prior to the suspension during the original less-than-fair value 44009, 44010—August 24, 1995) that of liquidation,’’ Ad Hoc is not a case in investigation of flat-rolled carbon steel making an additional adjustment to USP which the respondent linked specific products from Korea, the Department for the same antidumping duties that sales during the POR to specific entries Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices 18565 prior to the suspension of liquidation. documentation and a communication charges in credit expenses when they Ad Hoc at 19 (emphasis added). link to unrelated buyers. See, e.g., are not elsewhere reported. Because of The Department has adopted an Coated Groundwood Paper from the absence of specific data pertaining exception to its practice of examining Finland; Final Determination of Sales at to bank charges alone, petitioners agree all U.S. sales during the period of Less Than Fair Value (56 FR 56363— that the Department had no alternative review. That exception applies when a November 4, 1991) and New Minivans but to use Union’s combined interest respondent is able to demonstrate, to the from Japan; Final Determination of Sales and bank charge data for the two fiscal satisfaction of the Department, that the at Less Than Fair Value (57 FR 21937— years. merchandise covered by a particular May 26, 1992). Petitioners argue that sale entered prior to the suspension of Union’s post-importation sales of slit Department’s Position liquidation pursuant to the and embossed merchandise fail to Department’s preliminary determination satisfy these criteria, and that these sales We agree with petitioners and in the LTFV investigation. See e.g., High should be treated as ESP transactions. respondent in part. Because there is no Tenacity Rayon Filament Yarn from evidence on the record supporting Germany: Preliminary Results of Department’s Position Union’s claims that it included bank Antidumping Duty Administrative We agree with petitioners. We are charges in its reported brokerage and Review (59 FR 32181, 32182—June 22, continuing to treat these sales as ESP handling expenses, we have increased 1994), where specific sales were transactions, because record evidence Union’s reported credit expenses to excluded when linked to pre- shows that (1) The merchandise was not account for these bank charges. We suspension entries. Merchandise proven shipped directly to the first unrelated acknowledge our error, however, in to have entered the U.S. prior to the U.S. purchaser; (2) direct shipment from dividing two years’ worth of interest suspension of liquidation (and in the Union to the unrelated purchaser was expenses by 18 months’ worth of short- absence of an affirmative critical not the normal channel for these sales; term borrowings, and have corrected circumstances finding) is not subject and (3) arranging and paying for slitting this error for purposes of these final merchandise within the meaning of and embossing goes beyond the results. section 771(25) of the Act. functions usually associated with In this review, Union claimed that processing sales-related documentation Comment 4 certain merchandise was not subject to and serving as a communication link to Union disagrees with the review because it entered the United unrelated buyers. States prior to the period of review but Department’s treatment of its home- Comment 3 was sold by Union’s affiliated U.S. market warehousing expenses as company to the first unrelated Union claims that the Department indirect selling expenses, and purchaser during the period of review. erred in (1) Concluding that Union had contradicts the Department’s statement The Department verified that Union tied understated its U.S. credit expenses by that these expenses were evenly certain sales during the period to entries not including bank charges therein, and allocated across-the-board to all home- of merchandise prior to the suspension (2) increasing Union’s U.S. credit market sales. In fact, Union affirms that of liquidation. Because Union has expenses by the amount of those all warehousing expenses other than demonstrated that certain merchandise charges. In fact, Union maintains, it labor were traced to the particular areas entered the United States prior to the included its U.S. bank charges in U.S. devoted to subject and non-subject suspension of liquidation, we excluded brokerage and handling expenses, so merchandise, because Union separately sales of that merchandise from our that they were double-counted by the warehouses subject and non-subject analysis. Department. In addition, Union claims, merchandise, and thus can determine the Department compounded its error the proportion of warehousing expenses Comment 2 by mistakenly dividing two years’ worth attributable to each. Union also Union argues the Department of interest expenses by 18 months’ maintains that a selling expense is not improperly reclassified U.S. sales worth of short-term borrowings. indirect simply because it occurs prior involving post-importation slitting and Union urges the Department, for to sale. For these reasons, and because embossing as ESP transactions. Union purposes of the final results, to follow the warehousing expenses in question believes this reclassification was its own practice and treat bank charges are attributable to a later sale of the improper because the terms of sale, as selling expenses. Union claims to subject merchandise, Union requests including stateside slitting and have reported its bank charges on a sale- that the Department treat these embossing, were negotiated by Union in by-sale basis, which is the most accurate warehousing expenses as direct for Korea before the exportation of the form of reporting. Also, respondent purposes of the final results. merchandise. asserts, including bank charges in an Petitioners reply that it is the interest-rate calculation is illogical, Petitioners respond that Union stores Department’s practice to consider U.S. since a bank charge need not be three broad, distinct types of sales through a related U.S. subsidiary connected to the time value of money, merchandise in the same warehouse— prior to importation as purchase-price but can simply consist of a flat fee for cold-rolled, corrosion-resistant, and (‘‘PP’’) sales only if three criteria are services rendered. pipe products. Petitioners state that satisfied: (1) The merchandise was Petitioners reply that Union’s claims Union did not link specific warehousing shipped directly from the foreign regarding double-counting are charges to specific sales, but rather producer to the unrelated U.S. unsubstantiated. Petitioners note that allocated costs based on the square purchaser without first being introduced Union’s claims that it included footage dedicated to each product type into the inventory of the related U.S. transaction-specific bank charges in its and on the total quantity of each selling agent; (2) the customary channel reported U.S. brokerage and handling product type warehoused. Petitioners for such sales was direct shipment from expenses is not supported by any believe that the Department’s the producer to the unrelated purchaser; sample calculations or documents. preliminary results correctly denied and (3) the related U.S. selling entity Petitioners state that it is the Union’s claim that these expenses be acted only as a processor of sales-related Department’s practice to include bank classified as direct. 18566 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices

Department’s Position shipped leads to an additional charge products may be compared and are not We agree with petitioners. Union did for freight, but this does not mean that supported by the record evidence. not tie warehousing expenses to specific pre-sale freight is always direct selling Petitioners state that Union ignores that sales, but merely allocated them. The expense. the primary basis for creating product categories is physical characteristics. amount reported by Union on its Department’s Position computer tape for this expense in Thus, according to petitioners, the In the preliminary review results, the Department can accept Union’s Korean wo˘n is identical for all sales Department stated that it ‘‘considers transactions where a warehousing proposed paint categories only if Union pre-sale movement expenses as direct demonstrates that the physical expense was claimed, regardless of the selling expenses only if the movement characteristics of the various paint types length of time the merchandise was expenses in question are directly related are so dissimilar that the paint types actually warehoused. Therefore, we do to the home-market sales under cannot be compared—which Union has not consider these expenses to be direct. consideration. In order to determine not done. Petitioners cite Koyo Seiko Co. Comment 5 whether pre-sale movement expenses v. United States, Slip Op. 94–1363 at 15 are direct under the facts of a particular Union disagrees with the (Fed. Cir. Sept. 20, 1995) which states case, the Department examines the that in the presence of significant Department’s treatment of pre-sale respondent’s pre-sale warehousing inland freight expenses in the home physical similarities, products do not expenses, since the pre-sale movement have to be ‘‘technically substitutable, market as indirect. Union argues that charges incurred in positioning the the Department must examine the facts purchased, by the same types of merchandise at the warehouse are, for customers, or applied to the same end of each case to determine whether analytical purposes, inextricably linked warehousing and pre-sale freight are so use’’ in order to be compared. to pre-sale warehousing expenses. If the Petitioners add that the record does not linked that they must necessarily be pre-sale warehousing constitutes an support Union’s contention that its treated in the same fashion. In the final indirect expense, the expense involved different paint types exhibit significant results of redetermination on remand in getting the merchandise to the differences in cost or price. (January 5, 1995) pursuant to The Ad warehouse must also be indirect. Petitioners reject the notion of making Hoc Committee on AZ–NM–TX–FL Conversely, a direct pre-sale a difmer adjustment for difference in Producers of Gray Portland Cement v. warehousing expense necessarily paint types. Petitioners state that it is United States, Slip Op. 94–151 (1994), implies a direct pre-sale movement the Department’s position in these flat- the Department noted that expense. We note that, although pre-sale rolled proceedings that it will not make ‘‘warehousing and movement expenses warehousing expenses in most cases adjustments to account for differences are, for analytical purposes, inextricably have been found to be indirect selling between physical characteristics of U.S. linked’’ and ‘‘if pre-sale warehousing is expenses, these expenses may be and home-market products when the an indirect expense, then, in the deducted from FMV as a circumstance- products are identified by the same absence of contrary evidence, pre-sale of-sale adjustment in a particular case if control number. If products have the movement expenses should also be the respondent is able to demonstrate same control number, according to treated as an indirect expense.’’ Earlier that the expenses are directly related to petitioners, they are in effect identical in the case, the Court had stated that ‘‘if the sales under consideration.’’ The for purposes of this review and no the pre-sale warehousing expense in Department is continuing to treat difmer adjustment should be granted. this case is not shown to be a direct Union’s pre-sale home-market inland expense, then it follows that the cost of freight expenses as indirect, because Department’s Position transporting the cement to the Union did not distinguish between pre- We agree with petitioners. As stated warehouse is also not shown to be a and post-sale warehousing expenses or in our internal memorandum of August direct expense.’’ demonstrate that these expenses were 10, 1995, discussing our preliminary Union argues that in this case, pre- directly related to the sales under results of review, Union provided sale freight and warehousing are not consideration. insufficient and non-compelling inextricably linked. Union claims that information to support the necessity for pre-sale freight was constant, since the Comment 6 differentiating additional types of merchandise was moved over the same Union argues that the Department painted products. Union did not route for all sales. Therefore, each ton should differentiate Union’s painted demonstrate how each of the proposed sold from the warehouse led to an products according to specific paint additional paint types possesses exactly identified increment to costs— types, because (1) there are significant physical characteristics that are the amount of the pre-sale freight—and cost, price, and commercial differences significantly different from those of the the expense was incurred on a one-on- among Union’s painted products; (2) other proposed paint types, and how one basis with each unit of subject these differences demonstrate that each paint type is intended for merchandise sold. Therefore, Union union’s customers perceive significantly significantly different applications and maintains the expense in question is different applications for such products; uses. Therefore, we did not create clearly direct. and (3) if the Department compares additional paint categories for purposes Petitioners respond that the different paint types, it must make an of these final results. Union’s request Department correctly determined that appropriate difmer adjustment. that we make a difmer adjustment for Union’s pre-sale freight expenses were Petitioners state the Department was different paint types within the same indirect. Petitioners state that the correct not to revise the existing paint control number is moot because we are Department’s standard is clear: pre-sale categories for the preliminary results of using CV as the basis for FMV. warehousing and freight expenses are this review and should also reject this inextricably linked; thus, in the absence argument for the final results. Comment 7 of contrary evidence, if pre-sale Petitioners note that Union’s arguments Union argues that the Department warehousing is an indirect expense, so do not address the criteria used by the should not combine the financing too must be pre-sale freight. Petitioners Department to establish categories of expenses of Union Steel with those of note that it is always true that each ton products and determine whether certain other member companies of the Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices 18567

Dongkuk chaeboˇ l or group (i.e., DSM control and produce similar subject financial expenses with interest earned and DKI) because this collapsing of merchandise. As for the respondent’s from the general operations of the interest expense is entirely at odds with concern that collapsing relates only to company. See e.g., Timkin v. United the Department’s practice. Union states the parallel cold-rolled proceeding and States, 582 F. Supp. 1040, 1048 (CIT that it is the Department’s established not to the instant review, petitioners 1994). The Department does not, policy to calculate interest expense from state that for this specific issue the however, offset interest expense with the costs of borrowing incurred by the collapsing of Union, DKI and DSM is interest income earned on long-term respondent and its related parties only necessary. Petitioners contend that investments. See Final Determination of when the companies are consolidated in capital acquisition costs are fungible Sales at Less Than Fair Value; Small the normal course of business. Union and that any borrowing by Union, DKI, Diameter Circular Seamless Carbon and states that there are two fundamental or DSM may be used for a variety of Alloy Steel, Standard, line and Pressure reasons for this. First, the accounting beneficial purposes for the group as a Pipe from Italy (60 FR 31981, 31991— practicality of consolidating different whole. Therefore, petitioners believe June 19, 1995). Therefore, for the final companies, particularly with respect to that the Department should continue to results we offset the combined financing cost of goods sold, demands that an use the combined interest expenses of costs by the respective short-term audited consolidated statement be Union, DKI and DSM it its calculation interest income of the three entities. generated in the normal course of for the final results of this instant Comment 8 business. Second, the parent into which review. the subsidiary is consolidated is Petitioners also state that the Union argues that the Department assumed to control the financing Department deducted an appropriate should not include the company’s decisions of the subsidiary. See Final short-term interest income figure in its ‘‘special depreciation’’ that was reported Determination of Sales at Less Than Fair net financing factor calculation. as an extraordinary item on its audited Value; Small Diameter Circular Furthermore, they state that the financial statement in the cost of Seamless Carbon Allow Steel, Standard, respondent’s argument of requiring an production of subject merchandise. Line and Pressure Pipe from Italy (60 FR apples to apples comparison is Union contends that the Department’s 31918, 31900—June 19, 1995). inappropriate in this circumstance established policy with respect to this Furthermore, Union asserts that the because symmetrical results are not kind of expense is to exclude the cost Department has explicitly decided that necessary in this step of the net because it relates solely to tax law and the company should not be collapsed financing calculation. represents no real additional cost to the company. See Final Determination of with respect to the instant review, Department’s Position which concerns corrosion-resistant Sales at less than Fair Value; Stainless merchandise. The collapsing decision in For the final results, we calculated a Steel Angles from Japan (60 FR 16608, the review of cold-rolled products was combined net interest factor using 16617—March 31, 1995) (‘‘Angles’’). made in the context of that review, Union’s, DSM, and DKI’s audited Therefore, Union believes that the which is a separate and distinct financial figures obtained from Department should follow the precedent proceeding. Therefore, Union states that verification exhibits, respondent’s established in that determination and it should be treated as a ‘‘stand-alone’’ submissions and public records. This remove the special depreciation from entity and the Department should methodology of calculating a single net Union’s production costs. follow the precedent set with respect to interest factor is consistent with our Petitioners argue that the Department other Korean chaeboˇ ls. See, e.g., Final longstanding practice for computing should continue to include Union Determination of Sales at Less than Fair interest expense in cases involving Steel’s accelerated depreciation costs in Value; Dynamic Random Access parent subsidiary corporate its calculation of the company’s COP Memory Semiconductors of One relationships. DSM’s ownership interest and CV. Petitioners contend the Megabit and Above from the Republic of in Union and DKI places the parent in Department does not have an Korea (58 FR 15467, 15475—March 3, a position to influence Union’s financial established policy of excluding 1993); Final Determination of Sales at borrowing and overall caption structure. accelerated depreciation as a cost of Less than Fair Value; Polyethylene We note that, contrary to Union’s production. To support their argument, Terephthalate Film, Sheet, and Strip assertions that Union is an independent petitioners state that in recent from the Republic of Korea (56 FR company and not controlled by DSM, determination the Department rejected a 16305, 16313—April 22, 1991). the two companies share common similar contention made by the Additionally, Union states that the directors and related stockholders. respondent and included the company’s Department’s calculation of its financing Based on this information, it is difficult accelerated depreciation charges in the factor was incorrect because it failed to to see how Union’s operations are calculation of COP and CV. See Final offset DKI and DMS’s financing costs independent of its parent to such an Determination of Sales at Less Than Fair with short-term interest income. The extent that we should ignore our normal Value; Canned Pineapple Fruit from respondent argues that the Department’s practice of computing interest. See Final Thailand (60 FR 29553, 29560—June 5, calculation only offset Union’s Determination of Sales at Less Than Fair 1995). Furthermore, petitioners contend financing costs with short-term interest Value; Certain Carbon Steel Butt-Weld that the cost should be included in COP income. Therefore, the Department’s Pipe Fittings from Thailand (60 FR and CV because it is reported on calculation did not make an appropriate 10552, 10557—February 27, 1995). Union’s financial statements that are in ‘‘apples-to-apples’’ comparison. Additionally, we find it appropriate to accordance with generally accepted Petitioners contend that the collapse the financing costs of these accounting principles (‘‘GAAP ’’) in Department properly combined Union’s three companies in this instant review Korea. interest expense with the interest because we consider that the financing expense of other numbers of the costs of the parent and its subsidiaries Department’s Position Dongkuk chaeboˇ l. petitioners state that to be fungible. We disagree with the respondent and this decision is consistent with the Additionally, we agree with the have included Union’s entire special Department’s normal practice because respondent in that it is the Department’s depreciation as a production cost for the companies are under common practice to allow a respondent to offset these final results. Unlike in Angels 18568 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices where the respondent company used for the manufacturer of the Dated: April 16, 1996. special financial accounting treatment merchandise; and (4) the cash deposit Susan G. Esserman, to reflect only its regular depreciation rate for all other manufacturers or Assistant Secretary for Import (i.e., non-tax depreciation) as a cost in exporters will continue to be 17.70 Administration. its audited income statements for that percent, which is the ‘‘all others’’ rate in [FR Doc. 96–10404 Filed 4–25–96; 8:45 am] year, Union recorded the full special the LTFV investigation. BILLING CODE 3510±DS±M depreciation charge as a cost in its audited income statement in accordance Article VI¶5 of the General Agreement with Korean GAAP. We note that it is on Tariffs and Trade provides that ‘‘(n)o [A±570±820] the Department’s normal practice to use product * * * shall be subject to both Certain Compact Ductile Iron costs recorded in normal books and antidumping and countervailing duties Waterworks Fittings and Glands From records of the respondent unless it can to compensate for the same situation of be shown that such costs do not dumping or export subsidization.’’ This the People's Republic of China: Notice reasonably reflect the amounts incurred provision is implemented by section of Initiation of New Shipper to produce the subject merchandise. 772(d)(1)(D) of the Act. Since Antidumping Duty Administrative See, e.g., Final Determination of Sales at antidumping duties cannot be assessed Review Less Than Fair Value; Oil Country on the portion of the margin attributable AGENCY: Import Administration, Tubular Goods from Argentina (60 FR to export subsidies, there is no reason to International Trade Administration, 33539, 33548—June 28, 1995); High- require a cash deposit or bond for that Department of Commerce. Tenacity Rayon Filament yarn from amount. Accordingly, the level of export ACTION: Notice of initiation of new Germany; Final Results of Antidumping subsidies as determined in Final shipper antidumping duty Duty Administrative Review (59 FR Affirmative Countervailing Duty administrative review, Certain Compact 15897, 15898—March 28, 1995). Determinations and Final Negative Ductile Iron Waterworks Fittings and Final Results of Review Critical Circumstances Determinations; Glands (CDIW), from the People’s As a result of this review, we have Certain Steel Products from Korea (58 Republic of China (PRC), A–570–820. FR 327328—July 9, 1993), which is 0.10 determined that the following margins SUMMARY: The Department of Commerce percent ad valorem, will be subtracted exist for the period February 4, 1993, (the Department) has received a request from the cash deposit rate for deposit or through July 31, 1994: to conduct a new shipper administrative bonding purposes. review of the antidumping duty order CERTAIN CORROSION-RESISTANT The deposit requirements, when on CDIW from the PRC which has a CARBON STEEL FLAT PRODUCTS imposed, shall remain in effect until September anniversary date. In publication of the final results of the accordance with Department Weighted- next administrative review. regulations, we are initiating this average Producer/manufacturer/exporter margin (per- This notice serves as a final reminder administrative review. cent) to importers of their responsibility EFFECTIVE DATE: April 26, 1996. FOR FURTHER INFORMATION CONTACT: Paul Dongbu ...... 1.50 under 19 CFR 353.26 to file a certificate Union ...... 10.74 regarding the reimbursement of M. Stolz, Office of Antidumping antidumping duties prior to liquidation Compliance, Import Administration, The Department shall determine, and of the relevant entries this review International Trade Administration, the U.S. Customs Service shall assess, period. Failure to comply with this U.S. Department of Commerce, 14th antidumping duties on all appropriate requirement could result in the Street and Constitution Avenue, NW, entries. The Department shall issue Secretary’s presumption that Washington, DC 20230, telephone: (202) appraisement instructions directly to reimbursement of antidumping duties 482–4474. the Customs Service. occurred and the subsequent assessment SUPPLEMENTARY INFORMATION: Furthermore, the following deposit of double antidumping duties. requirements shall be effective upon Background This notice also serves as a reminder publication of this notice of final results The Department has received a timely of review for all shipments of certain to parties subject to administrative request from Beijing M Star Pipe Corp., corrosion-resistant carbon steel flat protective order (‘‘APO’’) of their Ltd. (BMSP), in accordance with section products Korea entered, or withdrawn responsibility concerning the 751(a)(2)(B) of the Tariff Act of 1930, as from warehouse, for consumption on or disposition of proprietary information amended (the Act), and section after the publication date, as provided disclosed under APO in accordance 353.22(h) of the Department’s Interim for by section 751(a)(1) of the Tariff Act: with section 353.34(d) of the Regulations (60 FR 25130, 25134 (May (1) The cash deposit rates for the Department’s regulations. Timely 11, 1995)), for a new shipper review of reviewed companies named above notification of return/destruction of the antidumping duty order on CDIW which have separate rates will be the APO materials or conversion to judicial from the PRC which has a September rates for those firms as stated above; (2) protective order is hereby requested. anniversary date. for previously investigated companies Failure to comply with the regulations Initiation of Review not listed above, the cash deposit rate and the terms of an APO is a will continue to be the company- sanctionable violation. BMSP has certified that it did not specific rate published for the most export CDIW to the U.S. during the These administrative reviews and recent period; (3) if the exporter is not period of investigation (POI) (2/1/92–7/ a firm covered in this review or the notice are in accordance with section 31/92), and that it is not affiliated with original less-than-fair-value (‘‘LTFV’’) 751(a)(1) of the Act (19 U.S.C. any exporter or producer which did investigation, but the manufacturer is, 1675(a)(1)) and section 353.22 of the export CDIW during the POI. This the cash deposit rate will be the rate Department’s regulations. certification is in accordance with established for the most recent period section 751(a)(2)(B) of the Act, and the Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices 18569

Department’s Interim Regulations, 19 Dated: April 19, 1996. of Standards and Technology, Building CFR 353.22(h). Therefore, we are Joseph A. Spetrini, 820, Rm. 306, Gaithersburg, Maryland, initiating the new shipper review as Deputy Assistant Secretary for Compliance. 20899, Telephone 301–975–4510. requested. However, it is the [FR Doc. 96–10405 Filed 4–25–96; 8:45 am] Dated: April 22, 1996. Department’s usual practice with non- BILLING CODE 3510±DS±P Samuel Kramer, market economies to require Associate Director. information regarding de jure and de [FR Doc. 96–10379 Filed 4–25–96; 8:45 am] National Institute of Standards and facto government control over a BILLING CODE 3510±13±M company’s export activities to establish Technology its eligibility for an antidumping duty Meeting of the Fastener Quality Act rate separate from the country-wide rate. Advisory Committee National Oceanic and Atmospheric Accordingly, we will issue a separate Administration rates questionnaire to BMSP and seek AGENCY: National Institute of Standards additional information from the PRC and Technology, DoC. Public Hearing on the Draft government, as appropriate, allowing 30 ACTION: Meeting notice. Environmental Impact Statement and Draft Management Plan for the days for response. If the responses from SUMMARY: The National Institute of Proposed Mullica River-Great Bay BMSP and the PRC government Standards and Technology (NIST) will National Estuarine Research Reserve adequately demonstrate that BMSP is hold a meeting of the Fastener Advisory in New Jersey not subject to de jure and de facto Committee on May 15–16, 1996. The government control with respect to its meeting will be for the purpose of AGENCY: Sanctuaries and Reserves exports of CDIW, the review will reviewing implementing regulations for Division, Office of Ocean and Coastal proceed. If, on the other hand, BMSP the Fastener Quality Act (P.L. 101–592, Resource Management, National Ocean does not demonstrate its eligibility for a as amended by P.L. 104–113), and for Service, National Oceanic and separate rate, BMSP will be deemed to discussing other subjects dealing with Atmospheric Administration, U.S. be affiliated with other companies that implementation of the Act (e.g. Department of Commerce. exported during the POI which did not scheduling of workshops for industry, ACTION: Public hearing notice. establish their entitlement to a separate training of enforcement officials, etc.). SUMMARY: Notice is hereby given that rate and the review will be terminated. DATES: The meeting will be held on May the Sanctuaries and Reserves Division, If this review proceeds normally, we 15, 1996, from 9:00 a.m. to 5:00 p.m., of the Office of Ocean and Coastal will issue the final results of review not and on May 16, 1996, from 8:30 a.m. to Resource Management (OCRM), later than February 16, 1997. The period 5:00 p.m. or earlier if so adjourned. National Ocean Service (NOS), National to be reviewed is the seven months ADDRESSES: The meeting will be held on Oceanic and Atmospheric immediately preceding the semi- the Green Auditorium of the Administration (NOAA), U.S. Administration Building (101), located anniversary month of March 1996, Department of Commerce, will hold on the grounds of NIST at the which includes August 1, 1995 through public hearings for the purpose of intersection of Quince Orchard and February 29, 1996. receiving comments on the Draft Clopper Roads, Gaithersburg, Maryland Environmental Impact Statement and 20899. Period to be Draft Management Plan (DEIS/DMP) Antidumping duty proceeding reviewed AGENDA: The Committee will review prepared on the proposed designation of draft implementing regulations for the the Mullica River-Great Bay National People's Republic of China: amended Fastener Quality Act. The Estuarine Research Reserve in New Certain Compact Ductile Iron committee will also discuss a suggested Jersey. The DEIS/DMP address research, Waterworks Fittings and format and content for regional monitoring, education and resource Glands ...... 08/01/95± workshops designed to familiarize protection needs for the proposed 02/29/96 fastener manufacturers, distributors, and reserve. A±570±820 importers with the requirements of the The Office of Ocean and Coastal Beijing M Star Pipe Corp., Fastener Quality Act and implementing Resource Management will hold public Ltd. regulations. hearings at 3:00 p.m. and at 7:00 p.m. PUBLIC PARTICIPATION: The meeting is on Friday, May 31, 1996, at the Rutgers We will instruct the U.S. Customs open to the public. Attendance shall be University Marine Field Station Dorm, Service to allow, at the option of the on a first-come, first-serve basis in so far 132 Great Bay Boulevard, Tuckerton, importer, the posting, until the as seating is concerned, up to the New Jersey 08087. completion or termination of the review, reasonable and safe capacity of the The views of interested persons and of a bond or security in lieu of a cash meeting room (298 persons). The public organizations on the adequacy of the deposit for each entry of the may file written statements with the DEIS/DMP are solicited, and may be merchandise in accordance with section Advisory Committee by forwarding expressed orally and/or in written 751(a)(2)(B)(iii) and Interim Regulation them to David Edgerly at the address statements. Presentations will be 19 CFR 353.22(h)(4) (1995). below. An effort shall be made to set scheduled on a first-come, first-heard aside a portion of the meeting for public basis, and may be limited to a maximum Interested parties must submit participation. To the extent that the of five (5) minutes. The time allotment applications for disclosure under meeting time and agenda permits, may be extended before the hearing administrative protective orders in interested persons will be allowed to when the number of speakers can be accordance with 19 CFR 353.34(b). present oral statements or to participate determined. All comments received at This initiation and this notice are in in the discussions. the hearing will be considered in the accordance with section 751(a)(2)(B) of FOR FURTHER INFORMATION CONTACT: preparation of the Final Environmental the Act and Interim Regulation 19 CFR Mr. David E. Edgerly, Deputy Director, Impact Statement (FEIS) and Draft 353.22(h). Technology Services, National Institute Management Plan. 18570 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices

The comment period for the DEIS/ 1:30 p.m. - 3:00 p.m.—Set TACs for COMMITTEE FOR PURCHASE FROM DMP will end on Monday, June 10, king and Spanish mackerels and cobia PEOPLE WHO ARE BLIND OR 1996. All written comments received by for 1996–1997. SEVERELY DISABLED this deadline will be considered in the 3:00 p.m. - 5:30 p.m.—Final Council preparation of the FEIS. action on Mackerel Amendment 8. Procurement List; Proposed Additions May 16 FOR FURTHER INFORMATION CONTACT: 8:30 a.m. - 9:30 a.m.—Reconvene to AGENCY: Committee for Purchase From Ms. Dolores A. Washington (301) 713– continue Final Council action on People Who Are Blind or Severely 3132, Sanctuaries and Reserves Mackerel Amendment 8. Division, Office of Ocean and Coastal 9:30 a.m. - 10:30 a.m.—Receive a Disabled. Resource Management, National Ocean report of the Shrimp Management ACTION: Proposed additions to Service, NOAA, 1305 East West Committee. procurement list. Highway, SSMC4, 12th Floor, Silver 10:30 a.m. - 11:00 a.m.—Receive a Spring, MD 20910. Copies of the Draft report of the Reef Fish Management SUMMARY: The Committee has received Environmental Impact Statement/Draft Committee. proposals to add to the Procurement List Management Plan are available upon 11:00 a.m. - 11:15 a.m.—Receive a commodities and services to be request to the Sanctuaries and Reserves report of the Habitat Protection furnished by nonprofit agencies Division. Committee. 11:15 a.m. - 11:30 a.m.—Receive a employing persons who are blind or Federal Domestic Assistance Catalog report of the Budget Committee. have other severe disabilities. Number 11.420. 11:30 a.m. - 11:45 a.m.—Receive a Coastal Zone Management Estuarine COMMENTS MUST BE RECEIVED ON OR Sanctuaries. report of the Ad Hoc Communications Committee. BEFORE: May 28, 1996. Dated: April 19, 1996. 11:45 a.m. - 12:00 noon—Receive a ADDRESSES: Committee for Purchase W. Stanley Wilson, report of the Data Collection Committee. From People Who Are Blind or Severely Assistant Administrator for Ocean Services 1:30 p.m. - 1:45 p.m.—Reconvene to Disabled, Crystal Square 3, Suite 403, and Coastal Zone Management. receive a report of the Meeting with 1735 Jefferson Davis Highway, [FR Doc. 96–10389 Filed 4–25–96; 8:45 am] Mexican Officials on Shrimp Arlington, Virginia 22202–3461. BILLING CODE 3510±08±M Management. 1:45 p.m. - 2:15 p.m.—Receive a FOR FURTHER INFORMATION CONTACT: report of Magnuson Act Amendments. Beverly Milkman (703) 603–7740. 2:15 p.m. - 2:30 p.m.—Receive South [I.D. 041796B] Atlantic Fishery Management Council SUPPLEMENTARY INFORMATION: This notice is published pursuant to 41 Gulf of Mexico Fishery Management Liaison Report. 2:30 p.m. - 3:15 p.m.—Receive U.S.C. 47(a)(2) and 41 CFR 51–2.3. Its Council; Public Meetings Enforcement and Director’s reports. purpose is to provide interested persons AGENCY: National Marine Fisheries 3:15 pm. - 3:30 p.m.—Other Business an opportunity to submit comments on Service (NMFS), National Oceanic and to be discussed. the possible impact of the proposed Atmospheric Administration (NOAA), Committees actions. Commerce. May 13 If the Committee approves the ACTION: Notice of public meetings. 1:00 p.m. - 5:30 p.m.—Convene the proposed additions, all entities of the Mackerel Management Committee. Federal Government (except as SUMMARY: The Gulf of Mexico Fishery May 14 otherwise indicated) will be required to Management Council (Council) will 8:00 a.m. - 12:00 noon—Convene the procure the commodities and services convene public meetings. Shrimp Management Committee. 1:00 p.m. –2:30 p.m.—Convene the listed below from nonprofit agencies DATES: The meetings will be held on employing persons who are blind or May 13–16, 1996. Reef Fish Management Committee. 2:30 p.m. - 3:30 p.m.—Convene the have other severe disabilities. ADDRESSES: These meetings will be held Budget Committee. I certify that the following action will at the Sheraton Grand Hotel, 2525 West 3:30 p.m. - 4:00 p.m.—Convene the Loop South, Houston, TX; telephone: not have a significant impact on a Habitat Protection Committee. substantial number of small entities. 713–961–3000. 4:00 p.m. - 5:00 p.m.—Convene the The major factors considered for this Council address: Gulf of Mexico Ad Hoc Communications Committee. Fishery Management Council, 5401 5:00 p.m. - 5:30 p.m.—Convene the certification were: West Kennedy Boulevard, Suite 331, Data Collection Committee. 1. The action will not result in any Tampa, FL 33609. additional reporting, recordkeeping or Special Accommodations FOR FURTHER INFORMATION CONTACT: other compliance requirements for small Wayne E. Swingle, Executive Director; These meetings are physically entities other than the small telephone: (813) 228–2815. accessible to people with disabilities. organizations that will furnish the Requests for sign language SUPPLEMENTARY INFORMATION: commodities and services to the interpretation or other auxiliary aids Government. Council should be directed to Anne Alford at the Council (see ADDRESSES) by May 6, 2. The action does not appear to have May 15 a severe economic impact on current 8:30 a.m.—Convene to receive public 1996. contractors for the commodities and testimony on Mackerel Total Allowable Dated: April 19, 1996. services. Catch (TAC)/Quotas/Bag Limits, Draft Richard W. Surdi, Mackerel Amendment 8 and Regulatory Acting Director, Office of Fisheries 3. The action will result in Amendment for Royal Red Shrimp. Conservation and Management, National authorizing small entities to furnish the (NOTE: Testimony cards must be turned Marine Fisheries Service. commodities and services to the in to staff before the start of public [FR Doc. 96–10314 Filed 4–25–96; 8:45 am] Government. testimony.) BILLING CODE 3510±22±F Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices 18571

4. There are no known regulatory NPA: Tehama County Opportunity as a contract market in options on its alternatives which would accomplish Center, Inc., Red Bluff, California existing U.K. gilt futures contract. the objectives of the Javits-Wagner- Grounds Maintenance The Director of the Division of O’Day Act (41 U.S.C. 46–48c) in Naval Air Weapons Station Economic Analysis (Division) of the connection with the commodities and Tot Lot Parks-Housing Area Commission, acting pursuant to the services proposed for addition to the China Lake, California authority delegated by Commission Procurement List. NPA: Desert Areas Resources and Regulation 140.96, has determined that Comments on this certification are Training, Ridgecrest, California publication of the proposals for invited. Commenters should identify the Janitorial/Custodial comment is in the public interest, will statement(s) underlying the certification Naval Surface Warfare Center assist the Commission in considering on which they are providing additional Buildings 11, 12 & 13 the views of interested persons, and is information. Bethesda, Maryland consistent with the purposes of the The following commodities and NPA: CHI Centers, Inc., Silver Spring, Commodity Exchange Act. services have been proposed for Maryland DATE: Comments must be received on or addition to the Procurement List for Laundry Service before May 28, 1996. production by the nonprofit agencies Basewide ADDRESSES: Interested persons should listed: Barksdale Air Force Base, Louisiana submit their views and comments to NPA: The Arc of Caddo-Bossier, Commodities Jean A. Webb, Secretary, Commodity Shreveport, Louisiana. Futures Trading Commission, Three Candle, Air Freshening Beverly L. Milkman, Lafayette Street, 1155 21st Street, M.R. 531 Executive Director. Washington, DC 20581. Reference NPA: South Texas Lighthouse for the [FR Doc. 96–10409 Filed 4–25–96; 8:45 am] should be made to the CBT option on Blind, Corpus Christi, Texas BILLING CODE 6353±01±P the long-term U.K. Gilt futures contract Belt, Aircraft Safety and the amendments to the underlying 1680–00–163–1570 futures contract. NPA: Arizona Industries for the Blind, COMMODITY FUTURES TRADING FOR FURTHER INFORMATION CONTACT: Phoenix, Arizona COMMISSION Please contact Steve Sherrod of the Bag, Paper, Grocer’s Division of Economic Analysis, 8105–00–NIB–1021 Chicago Board of Trade Long-Term Commodity Futures Trading 8105–00–NIB–1024 U.K. Gilt Futures and Option Contracts Commission, Three Lafayette Centre, 8105–00–NIB–1025 1155 21st Street, NW., Washington, DC AGENCY: (Requirements for the Southern Region Commodity Futures Trading 20581, telephone, 202–418–5277. Commission. of DeCA only) SUPPLEMENTARY INFORMATION: Copies of NPA: Lions Club Industries, Inc., ACTION: Notice of availability of the the terms and conditions of the Durham, North Carolina; Raleigh terms and conditions of proposed proposed option contract and those of Lions Clinic for the Blind, Inc., commodity futures option contract and the amended futures contract will be Raleigh, North Carolina amendments to the underlying futures available for inspection at the Office of Parka, Wet Weather contract. the Secretariat, Commodity Futures 8405–01–053–9202 SUMMARY: The Chicago Board of Trade Trading Commission, Three Lafayette 8405–00–001–1547 (CBT or Exchange) has submitted a Centre, 1155 21st Street, NW., 8405–00–001–1548 Washington, DC, 20581. Copies of the 8405–00–001–1549 proposal to implement a trading and clearing link (link) with the London terms and conditions can be obtained 8405–00–001–1550 through the Office of the Secretariat by 8405–00–001–1551 International Financial Futures and Options Exchange (LIFFE). That mail at the above address or by phone (Remaining 25% of the Government’s at (202) 418–5097. requirement) proposal currently is under review at the Commission. 1 Pursuant to the Other materials submitted by the CBT NPA: ORC Industries, Inc., La Crosse, in support of the proposals may be Wisconsin proposed link, CBT and LIFFE would trade their major financial futures and available upon request pursuant to the Trousers, Wet Weather options contracts, including the subject Freedom of Information Act (5 U.S.C. 8405–01–053–9400 U.K. gilt option and the underlying U.K. 552) and the Commission’s regulations 8405–00–001–8025 gilt futures contract, on each other’s thereunder (17 CFR Part 145 (1987)), 8405–00–001–8026 floors by open outcry. Effectively, the except to the extent they are entitled to 8405–00–001–8027 link would permit ‘‘cross listing’’ of the confidential treatment as set forth in 17 8405–00–001–8028 CBT and LIFFE U.K. gilt futures and CFR 145.5 and 145.9. Requests for 8405–00–001–8029 option contracts. copies of such materials should be made (Remaining 25% of the Government’s All contracts traded through the link to the FOI, Privacy and Sunshine Act requirement) would be completely fungible. Compliance Staff of the Office of the NPA: ORC Industries, Inc., La Crosse, Accordingly, the CBT has proposed to Secretariat at the Commission’s Wisconsin amend the terms and conditions of its headquarters in accordance with 17 CFR Towel, Paper existing dormant U.K. gilt futures 145.7 and 145.8. Any person interested in submitting 8540–00–291–0389 contract to be compatible with the terms written data, views, or arguments on the NPA: Signature Works, Inc., Hazlehurst, and conditions of the corresponding terms and conditions of the proposed Mississippi LIFFE contract. In addition, the CBT has option contract or the amended futures submitted an application for designation Services contract, or with respect to other Grounds Maintenance 1 The Commission requested public comment on materials submitted by the CBT in Sierra Army Depot the CBT/LIFFE link proposal in a Federal Register support of the proposals, should send Herlong, California notice dated April 18, 1996 (61 FR 16899). such comments to Jean A. Webb, 18572 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices

Secretary, Commodity Futures Trading person barracks complex; and various DEPARTMENT OF DEFENSE Commission, Three Lafayette Centre, other tracts of land. 1155 21st Street, NW., Washington, DC, Jay B. Hecht, Department of the Army; Corps of Engineers 20581 by the specified date. Chief, Real Estate Division. Issued in Washington, DC, on April 22, [FR Doc. 96–10336 Filed 4–25–96; 8:45 am] DEPARTMENT OF THE INTERIOR 1996. BILLING CODE 3710±06±M Blake Imel, Bureau of Land Management Acting Director. Lands Closure, Kittitas Co., WA [FR Doc. 96–10353 Filed 4–25–96; 8:45 am] Department of Engineers BILLING CODE 6351±01±P AGENCIES: Departments of the Army, Corps of Engineers Interior, and the Corps of Engineers and Bureau of Land Management. Available Surplus Real Property at the ACTION: Military Ocean Terminal Bayonne Notice of public lands closure/ DEPARTMENT OF DEFENSE restrictions, Kittitas County, (MOTBY), Located in Bayonne, Hudson Washington. Department of the Army County, New Jersey SUMMARY: The Bureau of Land Corps of Engineers AGENCY: U.S. Army Corps of Engineers, Management, Wenatchee Resource Area, New York District. Spokane District hereby gives notice of Available Surplus Real Property at the a closure and restriction order. Under ACTION: Notice. Seneca Army Depot, located in the authority identified in 43 CFR Romulus, NY 8364.1(a) the following described public SUMMARY: This Notice identifies the lands are closed to public entry during surplus real property located at AGENCY: U.S. Army Corps of Engineers, periods of military operations, these New York District. MOTBY, located in Bayonne, New periods will coincide with FAA airspace Jersey. MOTBY is located approximately ACTION: Notice. restrictions identified for Restricted two (2) miles from the New Jersey Area R–6714–G, H, A, & E: Willamette Turnpike (I–95) Exit 14A. SUMMARY: This Notice identifies the Meridian, Surface and Mineral Estates: surplus real property located at Seneca SUPPLEMENTARY INFORMATION: This T. 17 N., R. 20 E., Sec. 22, S1⁄4; Sec. 24, Army Depot, 5786 State Road Route 96, surplus property is available under the S1⁄2, SW1⁄4 and that portion of the E1⁄2 Romulus, New York. provisions of the Federal Property and lying south of the Interstate Highway 90 Administrative Services Act of 1949 and right-of-way; Sec. 26, T. 16 N., R. 21 E., SUPPLEMENTARY INFORMATION: This 1 1 1 the Base Closure Community Sec. SW ⁄4SW ⁄4; Sec. 12, SE ⁄4; Sec. 18, surplus property is available under the lots 1, 2, 3, and 4, E1⁄2, and E1⁄2W1⁄2. T. provisions of the Federal Property and Redevelopment and Homeless Assistance Act of 1994. Notices of 17 N., R. 21E., Sec. 30, lots 3 and 4; Sec. Administrative Services Act of 1949 and 1 1 interest should be forwarded to COL. 32, NE ⁄4SE ⁄4. T. 16 N., R. 22 E., Sec. the Base Closure Community 1 1 1 Terry Teele (USA Ret.), Bldg. 91A, 2, lots 1, 2, 3, and 4, S ⁄2S ⁄2, and S ⁄2; Redevelopment and Homeless Sec. 4, lots 1, 2, 3, and 4, S1⁄2N1⁄2, and Military Ocean Terminal Bayonne, Assistance Act of 1994. Notices of S1⁄2; Secs. 10 and 14; Sec. 20, Bayonne, New Jersey 07002. interest should be forwarded to SE1⁄4SW1⁄4; Sec. 22; Sec. 26, N1⁄2; Sec. Commander, Seneca Army Depot, FOR FURTHER INFORMATION CONTACT: 28, N1⁄2. T. 16 N., R. 23 E., Sec. 18, lots ATTN: LRA/DeMuth, Building 101, Additional information regarding 3 and 4, E1⁄2SW1⁄4, W1⁄2SE1⁄4, and that 1 1 Romulus, New York 14541–5001. particular properties identified in this portion of the E ⁄2S ⁄4 lying westerly of FOR FURTHER INFORMATION CONTACT: Notice (i.e., acreage, floor plans, existing the westerly right-of-way line of Additional information regarding sanitary facilities, exact street address), Huntzinger Road; Sec. 20, that portion 1 particular properties identified in this contact Mr. Randy Williams, Army of the SW ⁄4 lying westerly of the Notice (i.e., acreage, floor plans, existing Corps of Engineers, 26 Federal Plaza, easterly right-of-way line of the railroad; Sec. 30, lots 1 and 2, NE1⁄4, E1⁄2NW1⁄4. sanitary facilities, exact street address), Room 2007, New York, NY 10278–0090 Mineral Estate: T. 16 N., R. 20 E., Sec. contact Mr. Randy Williams, Army (telephone 212–264–6122, fax 212–264– 12; Sec. 18, lot 4 and SE1⁄4; Sec. 20, S1⁄2. Corps of Engineers, 26 Federal Plaza, 0230); or Ms. Patricia Gannon, Military T. 16 N., R. 21 E., Sec. 4, lots, 1, 2, 3, Room 2007, New York, NY 10278–0090 Traffic Management Command, HQ, US and 4, and S1⁄2NE1⁄4; Sec. 8. T. 17 N., (telephone 212–264–6122, fax 212–264– Army Garrison Bayonne, Directorate of R. 21 E., Sec. 32, S1⁄2, SE1⁄4; Sec. 34, 0230); or Mr. Steve Absolom, Base Public Works, Building 101/2, ATTN: W1⁄2. T. 16 N., R. 22 E., Sec. 12. The Environmental Coordinator, Seneca MTEGB–PWR, Real Property Office, areas described aggregate 9,730.82 acres. Army Depot, Building 123, Romulus, Bayonne, New Jersey 07002 (telephone This closure/restriction is effective New York 14541–5001 (607–869–1309). 201–823–7025). immediately upon publication of this The Surplus real property at Seneca The Surplus real property at MOTBY notice and will remain in effect year Army Depot totals 10,310 acres of land totals 660.40 acres of land in fee, round or until rescinded. This order is in fee, improved with nine hundred improved with seven (7) office necessary to protect persons and twenty seven structures (927) including buildings, twenty (21) storage buildings, property due to military maneuvers thirty (35) maintenance shops and a four (4) family housing structures above and adjoining the described machine shop, demilitarization facilities consisting of approximately 300 units, a lands. Authorized BLM personnel on post; a seven thousand (7000) foot theater, hotel, restaurant, bank, bowling conducting land management activities, runway on post, contiguous with alley, gas station and post exchange. personnel operating fire fighting and/or ammunition and general storage; forty emergency vehicles including search two (42) miles of railroad track; one Jay B. Hecth, and rescue activities, and persons hundred thirty nine (139) miles of road; Chief, Real Estate Division. authorized to use Yakima Training one hundred eighty (180) sets of family [FR Doc. 96–10339 Filed 4–25–96; 8:45 am] Center pursuant to 32 CFR Part 552, quarters; and a four hundred fifty (450) BILLING CODE 3710±06±M Subpart M, are exempt from this order. Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices 18573

Any person who fails to comply with FOR FURTHER INFORMATION CONTACT: mobile assets, and utility services for closure or restriction order issued under Mr. Victor Cole, Regulatory Branch, routine administration, operation, and this subpart may be subject to the Office of the Chief of Engineers at (202) maintenance. penalties provided in 43 CFR 8360.0–7. 761–0199. (3) Maintenance dredging and debris These penalties are as follows: disposal where no new depths as SUPPLEMENTARY INFORMATION: The Coast required, applicable permits are Violations are punishable by a fine not Guard has requested Corps secured, and disposal will be at an to exceed $1,000 and/or imprisonment authorization in accordance with the existing approved disposal site. not to exceed 12 months. Corps nationwide general permit (Checklist required). FOR FURTHER INFORMATION CONTACT: number 23 of its CEs originally (4) Routine repair, renovation, and Questions about this notice can be published in the Federal Register on maintenance actions on aircraft and answered by: Mr. James Fisher, Area July 29, 1994 (59 FR 38654), and Manager, Bureau of Land Management, vessels. subsequently modified on September 6, (5) Routine repair and maintenance of Wenatchee Resource Area Office, 915 N 1995 (60 FR 46327), June 20, 1995 (60 Walla Walla Street, Wenatchee, buildings, roads, airfields, grounds, FR 32197), and March 27, 1996 (61 FR equipment, and other facilities which Washington 98801–1521; (509) 665– 13563). The Corps issued the 2100. do not result in a change in functional nationwide general permit to reduce use, or an impact on a historically James F. Fisher, duplicative Federal processes when significant element or settings. Wenatchee Resource Area Manager, Bureau another Federal agency has completed (6) Minor renovations and additions of Land Management. the NEPA analysis for an activity, and to buildings, roads, airfields, grounds, Joseph C. Duncan, to expedite Department of the Army equipment, and other facilities which Seattle District, Real Estate Division, Corps authorization for projects having no do not result in a change in functional of Engineers. more than minimal adverse use, a historically significant element, or [FR Doc. 96–10338 Filed 4–25–96; 8:45 am] environmental effects either historically significant setting. BILLING CODE 3710±ER±M individually or cumulatively. (Checklist required). In 1983, the Corps approved the (7) Routine repair and maintenance to original Coast Guard CEs (45 FR 32819) waterfront facilities, including mooring DEPARTMENT OF DEFENSE and have been authorizing the approved piles, fixed floating piers, existing piers, CEs since then. We are publishing the and unburied power cables. Corps of Engineers existing Coast Guard CEs in their (8) Minor renovations and additions entirety, incorporating the subsequent to waterfront facilities, including Proposed Authorization Under the U.S. changes made by the Coast Guard as mooring piles, fixed floating piers, Army Corps of Engineers Nationwide identified in the Federal Register existing piers, and unburied power General Permit Program of the U.S. citations listed above. Reviewers should cables, which do not require special, Department of Transportation, United note that several of the categorical site-specific regulatory permits. States Coast Guard Categorical exclusions do not require Department of (Checklist required). Exclusions for Certain Activities the Army authorization but are listed to (9) Routine grounds maintenance and Requiring Department of the Army provide the complete listing and same activities at units and facilities. Examples Authorization numbering system as the Coast Guard include localized pest management actions CEs. For further information regarding and actions to maintain improved grounds AGENCY: U.S. Army Corps of Engineers, the original establishment of the CEs by (such as landscaping, lawn care and minor DoD. the Coast Guard, the Federal Register erosion control measures) that are conducted in accordance with applicable Federal, State ACTION: Notice of intent and request for citations above should be reviewed. and local directives. comments. Upon review and consideration of (10) Installation of devices to protect comments received, the Corps will human or animal life, such as raptor SUMMARY: The Corps of Engineers is publish the final list of Coast Guard CEs electrocution prevention devices, fencing to proposing to authorize U.S. Coast Guard approved by the Corps to qualify under restrict wildlife movement on to airfields, categorical exclusions (CEs) under nationwide general permit number 23, and fencing and grating to prevent accidental nationwide general permit number 23. including any required notification entry to hazardous areas. (Checklist The Corps is requesting comment on the required). procedures and/or certain conditions, in (11) New construction on heavily appropriateness of the CEs for the Federal Register. nationwide general permit authorization developed portions of Coast Guard property, and any conditions or restrictions to Dated: April 16, 1996. when construction, use, and operation will Colonel Ronald L. Stewart, comply with regulatory requirements and such authorization. The Coast Guard has constraints. (Checklist required). previously adopted its CEs pursuant to Assistant Chief, Operations, Construction, (12) Decisions to decommission equipment the Council on Environmental Quality and Readiness Division, Directorate of Civil or temporarily discontinue use of facilities or Regulation for Implementing the Works. equipment. This does not preclude the need Procedural Provisions of the National U.S. Coast Guard Categorical Exclusion to review decommissioning under section Environmental Policy Act (NEPA) (40 List 106 of the National Historic Preservation Act. CFR part 1500 et seq.). (Checklist required for vessels and aircraft). (1) Routine personnel, fiscal, and (13) Demolition or disposal actions that DATES: Comments must be received by administrative activities, actions, involve buildings or structures when May 28, 1996. procedures, and policies which clearly conducted in accordance with regulations ADDRESSES: Comments may be mailed to do not have any environmental impacts, applying to removal of asbestos, PCB’s, and the U.S. Army Corps of Engineers, such as military and civilian personnel other hazardous materials, or disposal ATTN: CECW–OR, Nationwide General actions mandated by Congress. In addition, if recruiting, processing, paying, and the building or structure is listed, or eligible Permit Number 23 Docket, 20 record keeping. for listing, in the National Register of Historic Massachusetts Avenue, N.W., (2) Routine procurement activities Places, then compliance with section 106 of Washington, D.C. 20314–1000 or faxed and actions for goods and services, the National Historic Preservation Act is to (202) 761–5096. including office supplies, equipment, required. (Checklist required). 18574 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices

(14) Outleasing of historic lighthouse (27) Natural and cultural resource Federal agency regulations, procedures, properties as outlined in the Programmatic management and research activities that are manuals, and other guidance Memorandum of Agreement between the in accordance with interagency agreements documents. Coast Guard, Advisory Council on Historic and which are designed to improve or (34) Promulgation of the following Preservation, and the National Conference of upgrade the Coast Guard’s ability to manage regulations: (Note: When relying upon a State Historic Preservation Officers. those resources. (Checklist required). (28) Contracts for activities conducted at CE in promulgating regulations, an (15) Transfer or real property from the established laboratories and facilities, to environmental analysis checklist and an Coast Guard to the General Services include contractor-operated laboratories and attached CED (Enclosure 6) must be Administration, Department of the Interior, facilities, on Coast Guard-owned property filed in the rulemaking docket before and other Federal departments and agencies, where all airborne emissions, waterborne publication of a Notice of Proposed or as mandated by Congress; and the granting effluents, external radiation levels, outdoor Rulemaking (NPRM), or an Interim or of leases, permits, and easements where there noise, and solid and bulk waste disposal is no substantial change in use of the Final Rule not preceded by an NPRM, practices are in compliance with existing unless specifically indicated below.) property. (Checklist required). applicable Federal, State, and local laws and (16) Renewals and minor amendments of (a) Regulations which are editorial or regulations. (Checklist required). procedural, such as those updating existing real estate licenses or grants for use (29) Approval of recreational activities of government-owned real property where (such as a Coast Guard unit picnic) which do addresses or establishing application prior environmental review has determined not involve significant physical alteration of procedures. that no significant environmental effects the environment, increase disturbance by (b) Regulations concerning internal would occur. humans of sensitive natural habitats, or agency functions or organization or (17) New grants or renewal of existing disturbance of historic properties, and which personnel administration, such as grants of license, easements, or similar do not occur in, or adjacent to, areas arrangements for the use of existing rights-of- funding, establishing Captain of the Port inhabited by threatened or endangered way or incidental easement complementing boundaries, or delegating authority. the use of existing rights-of-way for use by species. (Checklist required unless the (c) Regulations concerning the vehicles; for such existing rights-of-way as activity will take place at a location training, qualifying, licensing, and electrical, telephone, and other transmission developed or created for that type of activity). disciplining of maritime personnel. and communication lines; water, wastewater, (30) Review of documents, such as studies, (d) Regulations concerning manning, reports, and analyses, prepared for legislative stormwater, and irrigation pipelines, documentation, admeasurement, pumping stations, and irrigation facilities; proposals that did not originate in DOT and that relate to matters that are not the primary inspection, and equipping of vessels. and for similar utility and transportation (e) Regulations concerning equipment uses. (Checklist required). responsibility of the Coast Guard. (18) Defense preparedness training and (31) Planning and technical studies which approval and carriage requirements. exercises conducted on other than Coast do not contain recommendations for (f) Regulations establishing, Guard property, where the lead agency or authorization or funding for future disestablishing, or changing the size of department is not Coast Guard or Department construction, but may recommend further Special Anchorage Areas or anchorage of Transportation and the lead agency or study. This includes engineering efforts or grounds. (Checklist and CED not department has completed its NEPA analysis environmental studies undertaken to define required for actions that disestablish or and documentation requirements. the elements of a proposal or alternatives reduce the size of the Area or grounds). (19) Defense preparedness training and sufficiently so that the environmental effects (g) Regulations establishing, may be assessed and does not exclude exercise conducted on Coast Guard property disestablishing, or changing Regulated that do not involve undeveloped property or consideration of environmental matters in increase noise levels over adjacent property the studies. Navigation Areas and security or safety and that involve a limited number of (32) Bridge Administration Program zones. (Checklist and CED not required personnel, such as exercises involving actions which can be described as one of the for actions that disestablish or reduce primarily electric simulation or command following: the size of the area or zone. For post personnel. (a) Modification or replacement of an temporary areas and zones that are (20) Simulated exercises, including tactical existing bridge on essentially the same established to deal with emergency and logistical exercises that involve small alignment or location. Excluded are bridges situations and that are less than one numbers of personnel. with historic significance or bridges week in duration, the checklist and CED providing access to undeveloped barrier (21) Training of an administrative or are not required. For temporary areas classroom nature. islands and beaches. (22) Operations to carry out our maritime (b) Construction of pipeline bridges for and zones that are established to deal safety, maritime law enforcement, search and transporting potable water. with emergency situations and that are rescue, domestic ice breaking, and oil or (c) Construction of pedestrian, bicycle, or one week or longer in duration, the hazardous substance removal programs. equestrian bridges and stream gauging checklist and CED will be prepared and (23) Actions performed as a part of Coast cableways used to transport people. submitted after issuance or publication.) Guard operations and the Aids to Navigation (d) Temporary replacement of a bridge (h) Special local regulations issued in Program to carry out statutory authority in immediately after a natural disaster or a conjunction with a regatta or marine the area of establishment of floating and catastrophic failure for reasons of public parade; provided that, if a permit is minor fixed aids to navigation, except safety, health, or welfare. electronic sound signals. required, the environmental analysis (24) Routine movement of personnel and (e) Promulgation of operating conducted for the permit included an equipment, and the routine movement, regulations or procedures for analysis of the impact of the regulations. handling, and distribution of nonhazardous drawbridges. (Checklist and CED not required.) materials and wastes in accordance with (f) Identification of advance approval (i) Regulations in aid of navigation, applicable regulations. waterways under 33 CFR 115.70. such as those concerning rules of the (25) Coast Guard participation in disaster (g) Any Bridge Program action which road, International Regulations for the relief efforts under the guidance or is classified as a CE by another Prevention of Collisions at Sea leadership of another Federal agency that has Department of Transportation agency (COLREGS), bridge-to-bridge taken responsibility for NEPA compliance. (26) Data gathering, information gathering, acting as lead agency for such action. communication, vessel traffic services, and studies that involve no physical change (33) Preparation of guidance and marking of navigation systems. to the environment. Examples include documents that implement, without (35) Approvals of regatta and marine topographic surveys, bird counts, wetland substantive change, the applicable parade event permits for the following mapping, and other inventories. Commandant Instruction or other events: Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices 18575

(a) Events that are not located in, Washington, DC 20314–1000 or faxed to duplication while maintaining proximate to, or above an area (202) 761–5096. important environmental safeguards. designated as environmentally sensitive FOR FURTHER INFORMATION CONTACT: Mr. Our encouragement of the use of PGPs by an environmental agency of the Victor Cole, Regulatory Branch, Office should not be viewed as an attempt to Federal, State, or local government. For of the Chief of Engineers at (202) 761– allow the Corps to evade its statutory example, environmentally sensitive 0199. responsibility to administer the areas may include such areas as critical SUPPLEMENTARY INFORMATION: The Regulatory Program, nor as an attempt habitats or migration routes for Clinton Administration’s Wetlands Plan to delegate the Regulatory Program, or endangered or threatened species or promotes State involvement through simply to reduce the Corps workload. In important fish or shellfish nursery areas. assumption of the Clean Water Act times of increasing fiscal pressure, all (b) Events that are located in, Section 404 program (through Section levels of Government must redouble proximate to, or above an area 404 g–1) and/or PGP development. their efforts to use resources as designated as environmentally sensitive Many States have chosen to pursue a efficiently as possible. PGPs can provide by an environmental agency of the PGP with the Corps in lieu of State an efficient mechanism to meet this Federal, State, or local government and assumption or as an initial first step to objective, to maintain important for which the Coast Guard determines, assumption. Regardless of the reason, environmental protection, and to based on consultation with the the Corps encourages the use of PGPs as provide improved service to the Government agency, that the event will a effective mechanism to reduce regulated public. not significantly affect the duplicative regulatory processes, b. A PGP is a type of general permit environmentally sensitive area. simplify the application process for (33 CFR 322.2(f) and 323.2(h)), issued (Checklist and CED required.) applicants, and make wise use of by the Corps, that authorizes, for the [FR Doc. 96–10335 Filed 4–25–96; 8:45 am] limited resources, while continuing to purposes of Section 10 of the Rivers and Harbors Act of 1899 (RFA; 33 U.S.C. BILLING CODE 3710±92±M protect the aquatic environment in at least an equivalent manner as the Corps 403), Section 404 of the Clean Water Act program. Our efforts to prepare a draft (CWA; 33 U.S.C. 1344), and/or Section Department of the Army; Corps of PGP RGL for publication involved 103 of the Marine Protection, Research Engineers coordination with several states, Corps and Sanctuaries Act of 1972 (MPRSA; districts, and other Federal resource 33 U.S.C. 1413), certain projects that are Proposed Regulatory Guidance Letter agencies. The draft PGP RGL was also regulated by another Federal, tribal, on Programmatic General Permits developed based upon this coordination State, or local regulatory authority. A and structured similar to several PGP is the written vehicle identifying AGENCY: U.S. Army Corps of Engineers, the terms, limitations, and conditions DoD. successful PGPs that have been issued by Corps districts. The draft PGP RGL under which specific projects regulated ACTION: Notice of intent and request for by an ORA program may be authorized was also provided for review and comments. under the Corps Regulatory Program comment to the White House Wetlands with a much more efficient and SUMMARY: The Corps of Engineers is Working Group. Upon review and abbreviated review by the Corps. proposing to issue a Regulatory consideration of comments received, the Programmatic general permits are Guidance Letter (RGL) which would Corps will publish the final PGP RGL in designed to: establish National policy guidance for the Federal Register. (1) Simplify the evaluation process for the development and implementation of Dated: April 1, 1996. both the regulatory agencies and the Programmatic General Permits (PGP). Approved: applicant (i.e., to strive for ‘‘one-stop- PGPs are a type of general permit issued by the Corps, that authorizes, for the Daniel R. Burns, shopping’’); (2) Provide at least equivalent (and purposes of Section 10 of the Rivers and Chief, Operations, Construction, and sometimes enhanced) environmental Harbors Act of 1899 (33 U.S.C. 403), Readiness Division, Directorate of Civil Works. protection for aquatic resources; Section 404 of the Clean Water Act (33 (3) Reduce unnecessary duplicative Regulatory Guidance Letter U.S.C. 1344), and/or Section 103 of the project evaluation; and Marine Protection, Research and RGL 96–01, Date: pending, Expires: pending (4) Promote more effective and Sanctuaries Act of 1972 (33 U.S.C. Subject: Programmatic General Permits, efficient use of Corps, as well as other 1413), certain projects that are also Including State Program General Permits agencies’, resources. regulated by another Federal, tribal, c. While administering the Regulatory state, or local regulatory authority. This 1. Background and Purpose Program, the Corps attempts to notice provides the proposed PGP RGL a. The development of a minimize duplication of effort with for review and opportunity to comment. programmatic general permit (PGP) is an ORA programs that protect the aquatic RGLs are used by the Corps effective mechanism available to the environment in a manner at least Headquarters as a means to transmit U.S. Army Corps of Engineers (Corps) equivalent to the Corps Regulatory guidance on the regulatory program (33 and Federal, tribal, State, and local Program. Minimizing duplication of CFR Parts 320–330), to its division and regulatory authorities (other regulatory effort serves the best interests of the district engineers. While not required by authority (ORA)) to improve the regulated public, by reducing or law or regulation, the Corps is regulatory process for applicants, eliminating unnecessary paperwork, publishing this PGP RGL for review and enhance environmental protection, reviews, and delays, and also serves the comment. reduce unnecessary duplicative best interests of the environment and all DATES: Comments on the proposed PGP procedures and evaluations, and make other aspects of the public interest, by RGL must be received by May 28, 1996. more efficient use of limited resources. allowing the Corps to use its limited ADDRESSES: Comments may be mailed to The partnership that develops between regulatory resources where they will do the U.S. Army Corps of Engineers, the Corps and the ORA will directly the most good. Moreover, in many cases ATTN: CECW–OR, PGP Docket, 20 benefit the regulated public and when an ORA program develops to the Massachusetts Avenue, NW., effectively reduce unnecessary extent that a PGP is appropriate, the 18576 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices environmental protection from the PGP identify opportunities to develop and least every five years. Second, the Corps is greater than that offered by the Corps establish PGPs based on Federal, tribal, retains the authority to modify, Regulatory Program without the PGP. State, and local programs that regulate suspend, or revoke a PGP when the Greater protection is achieved because projects in waters of the United States. Corps district believes that appropriate the combined Federal, tribal, State, and/ The Corps district will be the point of protection is not being afforded to the or local resources are available, and are contact with the ORA to develop a PGP. environment or any other aspect of the more efficiently utilized to regulate Corps districts should encourage other public interest, or when the Corps potentially harmful activities, and to Federal and State resource agencies to concludes that adverse environmental ensure that the terms and conditions of provide information regarding potential effects are more than minimal, either the PGP are enforced. opportunities for PGPs and to individually or cumulatively. Third, d. Pursuant to Section 404 of the participate actively during the and perhaps most important, the Corps CWA, Section 10 of the RHA, and development and evaluation of PGPs. always retains its authority to require an Section 103 of the MPRSA, the Corps f. Some PGPs have been developed individual Corps permit in any given has the authority to issue general with an ORA to cover relatively broad case for any particular project, even if permits (regional, programmatic, and regulatory programs. For example, the the project otherwise meets all the nationwide) for any category of projects Corps has established a PGP in North requirements of the PGP. The Corps will that are substantially similar in nature, Carolina covering projects regulated exercise this authority when it and result in no more than minimal under that State’s Coastal Zone concludes that the processing of an adverse effects on the environment, Management Program, and in individual Corps permit is necessary to either individually or cumulatively. Massachusetts for projects regulated protect the environment or any other General permits are actively utilized in under the State’s wetland regulatory aspect of the public interest, or when the Corps Regulatory Program. Each program. In addition, the Corps has impacts are more than minimal, either year the Corps authorizes more than numerous PGPs based on regional or individually or cumulatively. Finally, 20,000 projects under regional general local programs, reservoir authorities, the Corps retains the full range of its permits and more than 60,000 projects etc. These may cover projects regulated enforcement authority and options under nationwide general permits. by county or regional regulatory where it believes that a project does not Approximately 50 of the Corps existing programs administered under State comply with the terms or conditions of general permits are PGPs that were authority. The Corps has developed a PGP, regardless of whether the ORA developed in conjunction with an ORA. PGPs with several counties in Florida authorized the project under its Terms and conditions of general for minor projects involving waterfront program. permits, including PGPs, are just as residential development. The Corps has h. When the Corps and the ORA enforceable as terms and conditions of also developed a PGP with the determine that the development of a individual permits, and compliance Tennessee Valley Authority that specific PGP is warranted,1 the with a PGP ultimately depends upon regulates certain projects within their procedures for the development of whether an applicant adheres to the reservoirs. As more tribal, State, and regional general permits will be utilized terms and conditions established by or local governments establish wetland or (33 CFR Part 325). The Corps will incorporated in the PGP. The aquatic resource regulatory programs, initiate early coordination (e.g., a development of a PGP will reduce the Corps should increase its efforts to scoping meeting) with the ORA, Federal unnecessary duplication between the develop environmentally sound PGPs to and State natural resource agencies, the Corps and the ORA, which will allow reduce unnecessary duplication. One of State agency responsible for Section 401 the Corps to focus its limited resources the key benefits of PGPs is the flexibility of the CWA, the State Coastal Zone on the remaining projects requiring they afford ORAs in terms of the Management Agency, the State Historic individual authorization, enforcement, projects regulated and the geographic Preservation Office, and/or any other monitoring, compliance, etc. Corps scope of regulation. The ORA program appropriate agency, to discuss the workload reductions ultimately should ideally cover all waters of the proposed PGP and to identify potential achieved through PGPs will facilitate United States under Corps jurisdiction, concerns. Discussions regarding the more thorough and expeditious which should simplify and reduce development of a PGP will be led by the individual permit evaluations and confusion in the application process for Corps with the ORA with which the increases in monitoring and applicants. However, a PGP cannot be PGP may be developed. Upon enforcement of permit conditions. used to limit or to reduce Corps completion of the early coordination During the initial implementation of the regulatory jurisdiction in any way. phase, the Corps will issue a public PGP with the ORA, the Corps workload g. The Corps will develop PGPs only notice (for a minimum of 30 days) may not be reduced due to the period where the ORA program provides, with describing the proposed PGP, including of time necessary for the Corps, Federal the necessary Corps conditions or any proposed terms and conditions resource agencies, and the public to review, the same or higher level of under which specific projects may be reach a level of confidence with the environmental protection as that authorized by the Corps under the terms ORA’s ability to implement the ORA provided by the overall Corps and conditions of the PGP. Public program, in concert with the PGP. Regulatory Program. In addition to PGP- hearings and/or public meetings will be Although the Corps workload reduction specific conditions and the held, as appropriate (33 CFR part 327). values may not be achieved upon requirements in section 3 below, there The Corps will evaluate and consider issuance of the PGP, the value of an are inherent aspects of the Corps fully all comments from the resource improved process for applicants and program that ensure continued strong agencies, the ORA, other appropriate enhanced coordination between the protection of the environment under agencies, and the public. A combined Corps and the ORA warrant pursuing a PGPs. First, all general permits are valid decision document, including National PGP. Ultimately, workloads should be for a maximum of five years and must Environmental Policy Act reduced through effective use of a PGP. be reevaluated prior to reissuance. This e. The Corps will, on a continuing ensures that the Corps will evaluate the 1 Funding for the development of the PGP may be basis and in coordination with ORAs operation of every PGP and the level of available through the U.S. Environmental and Federal and State resource agencies, environmental protection it provides at Protection Agency State Wetland Grant Program. Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices 18577 environmental documentation, the 3. Programmatic General Permit regional factors, statewide factors, statement of findings, and Section Requirements watershed factors, existing ORA 404(b)(1) Guidelines analysis, as a. PGP criteria: All PGPs must be program evaluations, etc. Some category appropriate, will be prepared by the designed to meet the following five thresholds may be developed based on Corps pursuant to current regulations, criteria: the type of project, and others may be policies, and guidance. (1) every project authorized under a developed based on the size of the i. This Regulatory Guidance Letter PGP can cause no more than minimal wetland acreage impact. For new ORA (RGL) is not intended to require that any adverse environmental effects, programs, category 1 reviews may not be PGP that is already in effect and individually or cumulatively, based on appropriate until the performance of the operating need necessarily be compliance with the terms and ORA has been demonstrated. immediately revised to conform with conditions of the PGP; (1) Category 1: The first category this guidance. However, at the end of (2) PGP implementation must typically would include those projects that PGPs five-year life (or sooner if simplify the evaluation process for that would not require notification to appropriate), the district engineer applicants (preferably through one-stop- the Corps (e.g., projects involving less should ensure that the PGP, if re-issued, shopping) and reduce duplication than 5,000 square feet of fill within will comply with this guidance, and between the Corps and the ORA, and inland waterways or wetlands, make any necessary revisions. must not increase the number of including secondary impacts from standard Corps permits; drainage, flooding, or clearing, as 2. Definitions (3) a PGP must provide protection for described in the Massachusetts PGP).3 aquatic resources at least equivalent to Category 1 must be limited to those Several terms are being defined for the overall Corps Regulatory Program projects where it is clear that such purposes of this guidance. (and sometimes will enhance projects would result in no more than a. The term other regulatory authority environmental protection); minimal environmental adverse effects, means any Federal, tribal, State, or local (4) PGP implementation must not individually and/or cumulatively. regulatory program other than the Corps increase the Corps overall workload; While category 1 thresholds may vary Regulatory Program. and between PGPs, these thresholds should b. The term preconstruction (5) every project authorized under a be established carefully so as to ensure notification (PCN) means a notification PGP must comply with all Federal that all category 1 projects clearly do not by an applicant or ORA (See 3.b.(2) & environmental laws and must ensure result in adverse environmental effects (3)) to the Corps that is required prior that all relevant Federal interests will be that are more than minimal after to initiation of work by the applicant protected (e.g., national defense, applying the terms and conditions of the pursuant to the PGP. The PCN navigation, endangered species, etc.) PGP and, therefore, require no Federal requirements generally include time b. The Corps review of specific permit review. frames for verification, expiration, applications under a PGP may vary. The (2) Category 2: The second category coordination, and/or automatic Corps, with input from the ORA and the would involve projects that require a verification (applicants should consider Federal resource agencies, will PCN to the Corps and/or joint review of their projects automatically verified determine the appropriate level of case applications by the Corps and the ORA under the PGP when the established specific review and periodic overview (e.g., projects involving impacts near a time frame has passed with no response regarding implementation of the PGP. Federal navigation project). Category 2 from the Corps either verifying under Such review and overviews will vary projects are those that will result in no the PGP or advising that a Corps depending on whether the PGP is more than minimal adverse standard permit will be required). developed for a broad or narrow 2 ORA environmental effects, individually and/ program. PGPs that are limited in nature c. The term verification means a or cumulatively, but a PCN will be and/or developed for narrow ORA written response to the applicant from required to ensure that Corps interests programs may not require case specific the appropriate Corps district that or concerns, including Corps project review (category 1) so that only periodic indicates that a specific project has been real estate and navigation issues, are overview by the Corps would be authorized by the Corps under the terms satisfied. Due to the exclusive, Corps- necessary as discussed in paragraph c. and conditions of the PGP. The only nature of the concern under below. On the other hand, for PGPs verification from the Corps will be in review, this category would not involve proposing to cover a broad spectrum of response to a request by an applicant or coordination with the other Federal projects, the Corps and ORA should as part of a PGP condition requiring resource agencies. A time frame, strive to develop a multi-category notice to the Corps and Corps generally 30–45 days, should be approach to review and screen projects. verification before the applicant established to resolve issues during the The establishment of thresholds in each proceeds with a project. The Corps PGP review process. For projects that do not category may also allow the Corps to verification procedures should be pass the Corps and/or joint Corps and ‘‘regionalize’’ some nationwide general similar to those found in the Corps ORA screening, a standard permit permits, including nationwide general nationwide general permit procedures application to the Corps would be permit number 26. The Corps and the (33 CFR § 330.6), and should state that necessary as described in category 4. ORA should also strive to use the the proposed project may proceed upon (3) Category 3: The third category minimal number of categories that are approval under the ORA program would involve a PCN to the Corps with necessary to meet the goals of a PGP subject to the terms and conditions of Federal resource agency coordination to (e.g., the North Carolina PGP is the PGP, as well as any additional ensure that the project will result in no established using categories 3 and 4 as project specific special conditions more than minimal adverse described below). The thresholds of provided in the Corps verification letter. environmental effects, individually and/ each category may vary, based upon In some cases it will be appropriate for 3 Examples are illustrative only and most are the ORA to provide an applicant with a 2 A narrow program may include authority for a taken from the existing Massachusetts PGP. Actual copy of the Corps PGP when providing single type of project (e.g., piers, floats, fish ladders, limits for each category will vary and be determined the ORA permit decision. etc.) during the development process of each PGP. 18578 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices or cumulatively (e.g., projects involving ORA under its program, or may conduct Code of Federal Regulations citation is 5,000 square feet to one acre of impacts an overall review prior to expiration of used for the three conditions. within land waterways or wetlands as the PGP for consideration in the e. Public Notice: described in the Massachusetts PGP). reevaluation of the PGP for reissuance. (1) The Corps must ensure that the The ORA may also screen, during its This is especially important when an general public has a reasonable verification process, for certain Federal ORA program is new or has not opportunity to participate fully in the interests (e.g., presence of federally established a performance record. development and re-evaluation of every threatened and/or endangered species). Immediate Corps overview should occur PGP through our procedures in 33 CFR The ORA can provide this information when the ORA modifies its program Part 325. to the Corps to aid in the Corps (e.g., changes in State law, regulations, (2) The PGP must also ensure that determination of compliance with the procedures) prior to the expiration of interested members of the public are appropriate Federal law or regulation, the PGP, to ensure that the terms and given notice of projects to be authorized and/or the Corps can use the conditions of the PGP will not be by the Corps under the terms and information to coordinate with the affected. Corps overview should ensure conditions of the PGP, so that their appropriate Federal resource agencies. that the use of the PGP has resulted in comments can be submitted to the ORA The PCN must also include a process by no more than minimal adverse and/or to the Corps. Specifically, the which Federal resource agency environmental effects to aquatic ORA must have, or establish, a comments will be considered fully resources, either individually and/or reasonable public notification process during a specified comment period cumulatively. Overview should for projects to be authorized by the (generally 30–45 days). A provision to generally include a periodic review of a Corps under the PGP. While it does not allow the Federal resource agencies an random subset of projects authorized have to be identical to the Corps public opportunity to request review of a under the PGP that had no reporting involvement process, the ORA specific project (i.e., ‘‘kick out’’) under requirement to the Corps (e.g., category procedures cannot have the effect of the Corps standard permit procedures 1), as well as programmatic review of substantially reducing the ability of the should be included for category 3 PCN the procedures and conditions of the public to participate in the regulatory reviews. While Corps districts should PGP. During development of the PGP, process, in comparison with the public consider this an automatic ‘‘kick out’’ the Corps and ORA should determine notice and comment procedures requirement for category 3 projects, what information must be collected to provided by the Corps Regulatory there may be cases where the Corps and facilitate oversight reviews. Program without the PGP. the Federal resource agencies agree that d. Compliance with Federal laws: The PGP may also be developed for a ‘‘kick out’’ is unnecessary based upon (1) Every project authorized under the projects where the ORA has established the safeguards afforded by the terms and PGP must comply with all applicable a ‘‘general permit program or Federal laws, with special compliance conditions of the PGP. When requesting exemptions’’, so long as the ORA has review given to those Federal laws a ‘‘kick out’’ on a specific action, the provided an opportunity for the public related to the Corps Regulatory Program Federal resource agencies must submit, to participate in the original (33 CFR § 320.3). The Federal laws during the PCN, a written rationale of development, and periodic re- include, but are not necessarily limited their concerns and recommendations to evaluation of the ORA general permits to, the Endangered Species Act (ESA), satisfy those concerns. (The Corps, of or exemptions. the Wild and Scenic Rivers Act, the course, retains its full authority to f. Consistency with other General National Historic Preservation Act require a standard permit for any Permits: One objective of PGPs is to (NHPA), the Coastal Zone Management project, regardless of category.) reduce the complexity of the Corps (4) Category 4: The fourth category Act (CZMA), the CWA, Sections 9 and Regulatory Program. In this regard, it would involve projects that exceed 10 of the RHA, and Section 103 of the may be appropriate to suspend or established project and/or acreage MPRSA. revoke some or all of the existing thresholds of the PGP or other (2) Projects authorized under a PGP nationwide or regional general permits applicable general permit (e.g., projects should ensure compliance with Section when the projects authorized by such involving adverse effects greater than 1 401 of the CWA and Section 307 of the Corps permits will be covered by the acre within inland waterways or CZMA, in accordance with 33 CFR PGP. wetlands as described in the 330.4(c) and 330.4(d), respectively. Massachusetts PGP). Such projects (3) The Corps must coordinate with g. Enforcement: The Corps, subject to would require standard permit the ORA, the U.S. Fish and Wildlife the discretion of the district engineer, evaluation by the Corps. Category 4 Service, and the National Marine will enforce project specific special and represents essentially the threshold Fisheries Service where appropriate, general PGP terms and conditions to limits of the PGP and not a category of regarding how the PGP will implement ensure that requisite environmental and verification under a PGP. the mandates of the ESA. The Corps public interest safeguards are met. The c. Periodic Overviews: The Corps must consult with the ORA and the Corps may develop procedures with the should conduct periodic reviews of the State Historic Presrvation Office to ORA for the resolution of PGP to determine that the ORA program ensure that the PGP is issued in noncompliance of projects authorized is continuing to provide environmental compliance with the NHPA. The PGP by the Corps under a PGP. protection at least equivalent to that should be conditioned with the same 4. This guidance expires (pending), provided by the overall Corps language found in the Corps Federal unless revised sooner or rescinded. Regulatory Program without the PGP, Register/Code of Federal Regulations For the Commander: based upon the terms and conditions of citation regarding the nationwide signature pending the PGP, and to determine whether any general permit program for the Stanley G. Genega, modifications are necessary to improve following three conditions: Wild and Major General, USA, Director of Civil Works. the implementation of the PGP. The Scenic Rivers, Endangered Species, and [FR Doc. 96–10334 Filed 4–25–96; 8:45 am] Corps may conduct an annual review of Historic Properties. Upon the the PGP, may require annual reporting reissurance of a PGP, the Corps will BILLING CODE 3710±92±M by the ORA of projects approved by the ensure that the current Federal Register/ Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices 18579

DEPARTMENT OF EDUCATION The Department of Education is [CFDA No.: 84.023] especially interested in public comment Notice of Proposed Information addressing the following issues: (1) is Office of Special Education and Collection Requests this collection necessary to the proper Rehabilitative Services; Research in functions of the Department, (2) will Education of Individuals With AGENCY: Department of Education. this information be processed and used Disabilities Program ACTION: Proposed collection; comment in a timely manner, (3) is the estimate request. of burden accurate, (4) how might the ACTION: Cancellation Notice. SUMMARY: The Director, Information Department enhance the quality, utility, Resources Group, invites comments on and clarity of the information to be PURPOSE: On August 10, 1995, the the proposed information collection collected, and (5) how might the Secretary published in the Federal requests as required by the Paperwork Department minimize the burden of this Register (60 FR 40956) a combined Reduction Act of 1995. collection on the respondents, including application notice (CAN) inviting through the use of information DATES: Interested persons are invited to applications for new awards for fiscal technology. submit comments on or before June 25, year 1996 under a number of the 1996. Dated: April 22, 1996. Department’s direct grant and ADDRESSES: Written comments and Gloria Parker, fellowship programs. Included in the requests for copies of the proposed Director, Information Resources Group. CAN was a competition under the information collection requests should Research in Education of Individuals Office of Educational Research and be addressed to Patrick J. Sherrill, with Disabilities Program (research Improvement Department of Education, 600 program) for Field-Initiated Research Independence Avenue, S.W., Room Type of Review: New Projects (CFDA No. 84.023C). In 5624, Regional Office Building 3, Title: Condition of Education Readers addition, on March 5, 1996, the Washington, DC 20202–4651. Survey Secretary published in the Federal FOR FURTHER INFORMATION CONTACT: Frequency: One-Time. Register (61 FR 8811) a notice inviting Patrick J. Sherrill (202) 708–8196. Affected Public: Individual or applications for new awards under the Individuals who use a households; Business or other for-profit; research program consisting of one telecommunications device for the deaf Not-for-profit institutions; Federal competition, Initial Career Awards (TDD) may call the Federal Information Government; State, Local or Tribal (CFDA 84.023N). The purpose of this Relay Service (FIRS) at 1–800–877–8339 Gov’t, SEAs or LEAs notice is to cancel these two between 8 a.m. and 8 p.m., Eastern time, Annual Reporting and Recordkeeping competitions. This action is taken in Monday through Friday. Burden: consideration of the current proposals SUPPLEMENTARY INFORMATION: Section Responses: 4,000 in the Congress that eliminate or 3506 of the Paperwork Reduction Act of Burden Hours: 400. substantially reduce funding for the 1995 (44 U.S.C. Chapter 35) requires Abstract: This reply card/user survey research program. In view of the that the Office of Management and will be used to 1) allow readers to tentative conference agreement that Budget (OMB) provide interested request additional information and (2) would provide $14,000,000 for the Federal agencies and the public an early gather information about reader reaction research program, a decrease of more opportunity to comment on information to the 1996 edition of the Condition of than 30 percent from the fiscal year collection requests. OMB may amend or Education, a Congressionally-mandated 1995 appropriation of $20,635,000, the waive the requirement for public report. The card will be inserted into the Secretary does not expect to have consultation to the extent that public report. The National Center for sufficient funds to support new awards. participation in the approval process Education Statistics will use the survey would defeat the purpose of the to improve the report. FOR FURTHER INFORMATION CONTACT: information collection, violate State or Claudette Carey, U.S. Department of Office of Postsecondary Education Federal law, or substantially interfere Education, 600 Independence Avenue, with any agency’s ability to perform its Type of Review: Extension. S.W., Room 3525, Switzer Building, statutory obligations. The Director of the Title: Financial Report for the Washington, D.C. 20202–2641. Information Resources Group publishes Endowment Challenge Grant Program. Telephone: (202) 205–9864. FAX: (202) this notice containing proposed Frequency: Annually. 205–8105. Internet: information collection requests prior to Affected Public: Not-for-profit [email protected]. submission of these requests to OMB. institutions. Individuals who use a Each proposed information collection, Annual Reporting and Recordkeeping grouped by office, contains the telecommunications device for the deaf Hour Burden: (TDD) may call the TDD number: (202) following: (1) Type of review requested, Responses: 325 e.g., new, revision, extension, existing 205–8953. Burden Hours: 975. or reinstatement; (2) Title; (3) Summary Abstract: The financial report requires Program Authority: 20 U.S.C. 1441–1442, of the collection; (4) Description of the investment data from institutions for the 34 CFR 324. need for, and proposed use of, the purpose of assessing their progress in Dated: April 22, 1996. information; (5) Respondents and increasing their endowment fund frequency of collection; and (6) Judith E. Heumann, resources. The data is also used to Reporting and/or Recordkeeping Assistant Secretary for Special Education and monitor compliance with regulatory burden. OMB invites public comment at Rehabilitative Services. provisions. the address specified above. Copies of [FR Doc. 96–10320 Filed 4–25–96; 8:45 am] the requests are available from Patrick J. [FR Doc. 96–10332 Filed 4–25–96; 8:45 am] BILLING CODE 4000±01±P Sherrill at the address specified above. BILLING CODE 4000±01±P 18580 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices

[CFDA Nos. 84.036A and B] Applicable Regulations: (a) The Dated: April 23, 1996. regulations for this program in 34 CFR Sharon P. Robinson, Office of Educational Research and Part 776; and (b) The Education Assistant Secretary for Educational Research ImprovementÐLibrary Education and Department General Administrative and Improvement. Human Resource Development Regulations (EDGAR) in 34 CFR Parts [FR Doc. 96–10392 Filed 4–25–96; 8:45 am] Program (Higher Education Act, Title 74, 75, 77, 79, 82, 85, and 86. BILLING CODE 4000±01±P II±B, Institutes and Fellowships); Priorities: Under 34 CFR 75.105(c)(3) Notice Inviting Applications For New and 34 CFR 776.5 the Secretary gives an Awards for Fiscal Year 1996 absolute preference to applications that National Assessment Governing Purpose of Program: Promotes high meet one or more of the following Board; Meeting quality library and information science priorities. The Secretary funds under this competition only applications that AGENCY: National Assessment education and provides fellowship and Governing Board; Education. institute grants to institutions of higher meet one or more of these absolute priorities: ACTION: Notice of Partially Closed education and library organizations or Meeting. agencies to recruit, educate, and train Institute Projects and Fellowship persons, and to establish, develop, or Projects SUMMARY: This notice sets forth the expand programs, through courses of Absolute Priority 1: To recruit, schedule and proposed agenda of a study or staff development in library educate, train, retrain and retain forthcoming meeting of the National and information science. minorities in library and information Assessment Governing Board. This Eligible Applicants: Eligible sciences. notice also describes the functions of applicants are institutions of higher Absolute Priority 2: To educate, train, the Board. Notice of this meeting is education, library organizations, and or retrain library personnel in areas of required under Section 10(a)(2) of the library agencies. library specialization where there are Federal Advisory Committee Act. This For Fellowship Projects for FY 1996, currently shortages, such as school document is intended to notify the only new Master’s degree level media, children’s services, young adult general public of their opportunity to applications will be accepted. services, science reference, cataloging, attend. Deadline for Transmittal of and library service evaluation. DATES: May 9–11, 1996. Applications: 6/10/96. Absolute Priority 3: To educate, train, TIME: May 9—Subject Area Committee Deadline for Intergovernmental or retrain library personnel in new #2, 3:00–5:00 p.m. (open); Design and Review: 8/9/96. techniques of information acquisition, Methodology Committee, 3:00–5:00 p.m. Applications Available: 5/1/96. transfer, and management of (open); Executive Committee, 5:00–5:45 Estimated Available Funds: communication technology. p.m. (closed), 5:45–7:00 p.m. (open). (a) Institute Projects (84.036A): Institute Projects Only May 10—Full Board, 8:00 a.m.–9:30 $1,000,000. Absolute Priority 4: To educate, train, a.m. (open); Achievement Levels (b) Fellowship Projects (84.036B): or retrain library personnel to serve the Committee, 9:30–11:30 a.m. (closed); $1,000,000. information needs of the elderly, the Subject Area Committee #1, 9:30–11:30 Note: Applicants should note that Congress illiterate, the disadvantaged, or a.m. (open); Reporting and has not yet enacted final appropriations for residents of rural America, including Dissemination Committee, 9:30–11:30 Department of Education programs for FY Native Americans. a.m. (open); Full Board, 11:30 a.m.–1:00 1996. As a result of final action, funds For Applications or Information p.m. (closed), 1:00–5:00 p.m. (open). available for this competition could be Contact: Neal Kaske, U.S. Department of May 11—Full Board, 8:30 a.m. until reduced or even eliminated. Education, 555 New Jersey Avenue, adjournment, approximately 12:00 noon Estimated Range of Awards: N.W., Room 300, Washington, DC (open). (a) Institute Projects (84.036A): 20208–5571. Telephone (202) 219–1315. LOCATION: The Madison Hotel, 15th and $15,000–150,000. Individuals who use a M Streets, N.W., Washington, D.C. (b) Fellowship Projects (84.036B): telecommunications device for the deaf FOR FURTHER INFORMATION CONTACT: $22,000–170,000. (TDD) may call the Federal Information Mary Ann Wilmer, Operations Officer, Estimated Average Size of Awards: Relay Service (FIRS) at 1–800–877–8339 National Assessment Government (a) Institute Projects (84.036A): between 8 a.m. and 8 p.m., Eastern time, Board, Suite 825, 800 North Capitol $82,000. Monday through Friday. Street, N.W., Washington, D.C. 20002– (b) Fellowship Projects (84.036B): For Electronic Access to Information: 4233, Telephone: (202) 357–6938. $54,000. Information about the Department’s SUPPLEMENTARY INFORMATION: The Estimated Number of Awards: funding opportunities, including copies National Assessment Governing Board (a) Institute Projects (84.036A): 12. of application notices for discretionary is established under section 412 of the (b) Fellowship Projects (84.036B): 19. grant competitions, can be viewed on National Education Statistics Act of Note: The Department is not bound by any the Department’s electronic bulletin 1994 (Title IV of the Improving estimates in this notice. board (ED Board), telephone (202) 260– America’s Schools Act of 1994) (Pub. L. Project Periods: 9950; or on the Internet Gopher Server 103–382). (a) Institute Grants. A long-term at GOPHER.ED.GOV (under The Board is established to formulate institute project must provide at least Announcements, Bulletins and Press policy guidelines for the National one academic year but no more than 12 Releases) or the WWW server at http:/ Assessment of Educational Progress. months of training; a short-term /www.ed.gov/ (under Money Matters, The Board is responsible for selecting institute project must provide at least Funding Opportunities). However, the subject areas to be assessed, developing one week but no more than six weeks official application notice for a assessment objectives, identifying of training. discretionary grant competition is the appropriate achievement goals for each (b) Fellowship Grants. A new notice published in the Federal grade and subject tested, and fellowship grant at the master’s level Register. establishing standards and procedures must be at least one academic year. Program Authority: 20 U.S.C. 1021, 1032. for interstate and national comparisons. Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices 18581

On May 9, two committees will meet are protected by exemption 9(B) of Dated: April 23, 1996. in open session from 3:00–5:00 p.m. Section 552b(c) of Title 5 U.S.C. Roy Truby, # Subject Area Committee 1 will meet to The full Board will reconvene, in Executive Director, National Assessment review the status of the 1998 NAEP closed session, from 11:30 a.m. to 1:00 Governing Board. Civics Item Development work, and will p.m. During this session the Board will [FR Doc. 96–10341 Filed 4–25–96; 8:45 am] review and discuss a draft framework hear a briefing on the 1994 Transcript BILLING CODE 1400±01±M development policy. The Design and Methodology Committee will meet to Study. The discussions will include references to specific items from the hear an update on the Design/Feasibility DEPARTMENT OF ENERGY Team, and discuss the NAEP/State assessment, the disclosure of which linking project, and the NAEP validity might significantly frustrate Bonneville Power Administration studies. Also, on May 9, the Executive implementation of the NAEP. This Committee will meet in closed session meeting must be closed to the public Wapato Irrigation Fish Screening from 5:00–5:45 p.m. The Committee will because reference may be made to data Project meet to discuss the development of cost which may be misinterpreted, incorrect, estimates for NAEP and future contract or incomplete. Premature disclosure of AGENCY: Bonneville Power initiatives. Public disclosure of this this data might significantly frustrate Administration (BPA), Department of information would likely have an implementation of a proposed agency Energy (DOE). adverse financial effect on the NAEP action. Such matters are protection by ACTION: Notice of Floodplain and program. The discussion of this exemption 9(B) of Section 552b(c) of Wetlands Involvement. information would be likely to Title 5 U.S.C. significantly frustrate implementation of SUMMARY: This notice announces BPA’s a proposed agency action if conducted Beginning at 1:00 P.M., the full Board proposal to construct a new fish screen in open session. Such matters are will convene in open session. Agenda and associated facilities in Yakima protected by exemption 9(B) of Section items for this portion of the meeting County, Washington, for the Wapato 552b(c) of Title 5 U.S.C. Beginning at include a briefing on National and Irrigation Project. The action is being 5:45 p.m., until adjournment, 7:00 p.m., International Standards given by a undertaken to increase anadromous fish the Executive Committee will meet in representative from the American runs and to compensate for fishery open session to consider the selection of Federation of Teachers; a presentation losses attributable to mainstem subjects for the next framework on the 1998 Writing Specifications Columbia River hydropower facilities. development. given by representatives from American The action proposed within the On May 10, the full Board will College Testing; and continued work on floodplain of Ahtanum Creek is to convene in open session at 8:30 a.m. NAGB’s planning initiative. construct, operate, and maintain the The agenda for this session of the full new fish screen and a portion of a On May 11, beginning at 8:30 a.m. the Board meeting includes approval of the bypass pipe. A bridge for the access full Board will reconvene in open agenda, the Executive Director’s Report, road to the site will also be moved and and an update on the NAEP project. session. Agenda items include a rebuilt along with a short portion of the Between 9:30 a.m. and 11:30 a.m., there presentation on the Colorado State existing access road. Wetlands may also will be open meetings of the following Assessment Program; a presentation on be present on the site. In accordance subcommittees: Subject Area Committee the development of an NAGB home- with DOE regulations for compliance #1, and Reporting and Dissemination. page on the Internet; and reports from with floodplain and wetlands Subject Area Committee #1 will review the Board’s standing subcommittees— environmental review requirements (10 the draft 1998 NAEP Writing Subject Area Committees #1 and #2, CFR Part 1022), BPA will prepare a Specifications, prior to Board action on Achievement Levels, Reporting and floodplain and wetlands assessment and May 11, and will review and discuss a Dissemination, Design and will perform this proposed action in a draft framework development policy. Methodology, and Executive. The manner so as to avoid or minimize Agenda items for the Reporting and meeting of the National Assessment potential harm to or within the affected Dissemination Committee include Governing Board will be adjourned at floodplain and wetlands. After BPA consideration of reporting schedules for approximately 12:00 Noon. issues the assessment, a floodplain 1994 and 1996 NAEP examinations; statement of findings will be published The public is being given less than catalogue of NAEP publications; and in the Federal Register. fifteen days notice of this meeting market basket approach to NAEP DATES: because of the illness of key staff Comments are due to the address reporting. below no later than May 13, 1996. Also, on May 1, the Achievement persons. ADDRESSES: Submit comments to the Levels Committee will meet in closed A summary of the activities of the Public Involvement Manager, session between 9:30 a.m. and 11:30 closed and partially closed sessions and Bonneville Power Administration— a.m. to discuss the results of the pilot other related matters, which are CKP, P.O. Box 12999, Portland, Oregon, test for the science assessment. The informative to the public and consistent 97212. Internet address: discussions will include references to with the policy of section 5 U.S.C. 552b, [email protected]. specific items for the assessment, the will be available to the public within 14 disclosure of which might significantly FOR FURTHER INFORMATION CONTACT: days after the meeting. Records are kept Yvonne E. Boss—ECN, Bonneville frustrate implementation of the NAEP. of all Board proceedings and are This meeting must be closed to the Power Administration, P.O. Box 3621, available for public inspection at the public because reference may be made Portland, Oregon, 97208–3621, phone U.S. Department of Education, National to data which may be misinterpreted, number 503–230–3596, fax number incorrect, or incomplete. Premature Assessment Governing Board, Suite 825, 503–230–5699. disclosure of this data might 800 North Capitol Street, N.W., SUPPLEMENTARY INFORMATION: The significantly frustrate implementation of Washington, D.C., from 8:30 a.m. to 5:00 floodplain and wetlands involved are a proposed agency action. Such matters p.m. located in section 13, T12N, R16E., 18582 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices

Willamette Meridian. Prior to Columbia Gas states that the enable El Paso to transport additional completing the floodplain/wetlands quantities to be provided through the quantities of gas of about 180,000 Mcf assessment, BPA will identify any new delivery points will be within per day from its North System to its specific wetlands in the vicinity of the Columbia Gas’ authorized level of South System on the Havasu Crossover actions. The assessment will discuss the services. Further, Columbia Gas asserts Line. The estimated cost of the Havasu impacts to the floodplain and wetlands, that there will be no impact on its Expansion Project is $19,564,419. El the potential to avoid these areas, and existing design day and annual Paso plans to place the proposed identify alternatives. obligations to the customers as a result facilities in service by the second Maps and further information are of the construction and operation of the quarter of 1997, therefore it respectfully available from BPA at the address new delivery points. requests that the requisite authorization above. Any person or the Commission’s staff be issued no later than December 31, Issued in Portland, Oregon, on April 18, may, within 45 days after issuance of 1996. 1996. the instant notice by the Commission, El Paso says that the proposed additional 180,000 Mcf per day of Thomas C. McKinney, file pursuant to Rule 214 of the capacity on the Havasu Crossover Line NEPA Compliance Officer. Commission’s procedural rules (18 CFR 385.214) a motion to intervene or notice is dedicated to certain executed firm [FR Doc. 96–10363 Filed 4–25–96; 8:45 am] of intervention and pursuant to Section Transportation Service Agreements BILLING CODE 6450±01±P 157.205 of the Regulations under the (TSA) between El Paso and various Natural Gas Act (18 CFR 157.205) a shippers, which El Paso has filed as protest to the request. If no protest is privileged and confidential information Federal Energy Regulatory under Section 388.112 of the Commission filed within the time allowed therefor, the proposed activity shall be deemed Commission’s Regulations. These TSAs [Docket No. CP96±330±000] authorized effective the day after the are subject to the provisions of Rate time allowed for filing a protest. If a Schedule FT–1 contained in El Paso’s Columbia Gas Transmission protest is filed and not withdrawn Volume No. 1–A FERC Gas Tariff (tariff) Corporation; Notice of Request Under within 30 days after the time allowed and the applicable rates under Rate Blanket Authorization for filing a protest, the instant request Schedule FT–1. Additionally, El Paso says that it has calculated a separate April 22, 1996. shall be treated as an application for authorization pursuant to Section 7 of incremental reservation rate attributable Take notice that on April 16, 1996, to the cost of service of the proposed Columbia Gas Transmission Corporation the Natural Gas Act. Lois D. Cashell, Havasu Expansion Project which is (Columbia Gas), Post Office Box 1273, proposed to become a component of the Charleston, West Virginia 25325–1273, Secretary. total Rate Schedule FT–1 Reservation filed in Docket No. CP96–330–000 a [FR Doc. 96–10319 Filed 4–25–96; 8:45 am] Charges. request pursuant to Sections 157.205 BILLING CODE 6717±01±M El Paso further says that the and 157.211 of the Commission’s incremental reservation rate for the Regulations under the Natural Gas Act [Docket No. CP96±321±000] Havasu Expansion Project is proposed (18 CFR 157.205 and 157.211) for to be $3.16616 per dth on a monthly authorization to construct and operate El Paso Natural Gas Company; Notice basis and is referred to as the ‘‘Havasu the facilities necessary to establish eight of Application Facilities Reservation Charge.’’ The additional points of delivery to two Havasu Facilities Reservation Charge existing customers, Waterville Oil and April 22, 1996. will be used to compensate El Paso for Gas Company and Mountaineer Gas Take notice that on April 15, 1996, El the cost of service for the new facilities Company, under the blanket certificate Paso Natural Gas Company (El Paso), while any remaining charges will be issued in Docket No. CP83–76–000, Post Office Box 1492, El Paso, Texas, subject to the crediting provisions of pursuant to Section 7(c) of the Natural 79978, filed an application at Docket Section 25.3 of its tariff proposed in El Gas Act, all as more fully set forth in the No. CP96–321–000, pursuant to Section Paso’s Stipulation and Agreement in request which is on file with the 7 (c) of the Natural Gas Act and Part 157 Settlement of Rate and Related Commission and open to public of the Commission’s Regulations. El Proceedings filed March 15, 1996, at inspection. Paso seeks a certificate of convenience Docket Nos. RP95–363–000, RP95–363– Columbia Gas asserts that the and necessity authorizing the 002, and CP94–183–000. proposed delivery points will establish construction and operation of additional The TSAs executed with the shippers eight new points of delivery for compression facilities, all as more fully for service on the proposed Havasu residential consumption for firm set forth in the application on file with Expansion Project contain provisions for transportation service under Part 284 of the Commission and open to public payment to El Paso of the new the Commission’s regulations and inspection. reservation rate component that will be existing authorized Rate Schedules and El Paso requests authorization to charged in conjunction with the within certificated entitlements. construct and operate additional otherwise applicable Reservation Columbia Gas estimates that the design compression facilities, with Charges and reservation surcharges day quantity at Waterville Oil and Gas appurtenances, to be located at its under Rate Schedule FT–1. The Company will be 1.5 Dth and the annual existing Alamo Lake and Dutch Flat Monthly Reservation Charges for each quantity will be 200 Dth, the design day Compressor Stations on the Havasu shipper will be allocated first to the quantity at Mountaineer Gas Company Crossover Line and at its Wenden Havasu Facilities Reservation Charge, will be 10.5 Dth and the annual quantity Compressor Station on the South and any remaining amount to the will be 1,050 Dth. System, all located in Mohave and La otherwise applicable charges above. Columbia Gas estimates that the cost Paz Counties, Arizona (the Havasu Any person desiring to be heard or to to install the new taps will be Expansion Project). make any protest with reference to said approximately $150 per tap which will El Paso says that the Havasu application should, on or before May 13, be treated as an O&M Expense. Expansion Project has been designed to 1996, file with the Federal Energy Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices 18583

Regulatory Commission, 888 First Accepting For Filing Proposed 1. Southern Electric Wholesale Street, N.E., Washington, D.C. 20426, a Transmission Tariffs, Conditionally Generators, Inc. motion to intervene or a protest in Accepting For Filing Proposed Market- [Docket No. EG96–56–000] accordance with the requirements of the Based Rates, Establishing Hearing On April 16, 1996 Southern Electric Commission’s Rules of Practice and Procedures, And Granting Rehearing Wholesale Generators, Inc. (‘‘SEWG’’), Procedure (18 CFR 385.211 and (Order), in the above-docketed 900 Ashwood Parkway, Suite 500, 385.214) and the Regulations under the proceeding. Atlanta, Georgia 30338–4780, filed with Natural Gas Act (18 CFR 157.10). All The Commission’s April 16, 1996, the Federal Energy Regulatory protests filed with the Commission will Order granted the request for blanket Commission an application for be considered by it in determining the approval under Part 34, subject to the determination of exempt wholesale appropriate action to be taken but will conditions found in Ordering generator status pursuant to Part 365 of not serve to make the protestants parties Paragraphs (I), (J), and (L): the Commission’s regulations. to the proceeding. Any person wishing (I) Within 30 days of the date of this SEWG is a Delaware corporation that to become a party to a proceeding or to order, any person desiring to be heard is engaged directly, or indirectly participate as a party in any hearing or to protest the Commission’s blanket through one or more affiliates as defined therein must file a motion to intervene approval of issuances of securities or in section 2(a)(11)(B) of PUHCA, and in accordance with the Commission’s assumptions of liabilities by WPS exclusively in the business of owning or Rules. Energy and WPS Power should file a operating, or both owning and Take further notice that, pursuant to motion to intervene or protest with the operating, all or part of one or more the authority contained in and subject to Federal Energy Regulatory Commission, eligible facilities and selling electric the jurisdiction conferred upon the 888 First Street, N.E., Washington, D.C. energy at wholesale. Federal Energy Regulatory Commission 20426, in accordance with Rules 211 and 214 of the Commission’s Rules of SEWG intends to acquire an indirect by Sections 7 and 15 of the Natural Gas ownership interest in a 490 MW coal- Act and the Commission’s Rules of Practice and Procedure, 18 CFR 385.211 and 385.214. fired generating facility located near Practice and Procedure, a hearing will Lake Michigan in Hammond, Indiana. be held without further notice before the (J) Absent a request to be heard within the period set forth in Ordering Comment date: May 10, 1996, in Commission or its designee on this accordance with Standard Paragraph E application if no motion to intervene is Paragraph (I) above, WPS Energy and WPS Power are hereby authorized to at the end of this notice. The filed within the time required herein, if issue securities and to assume Commission will limit its consideration the Commission on its own review of obligations or liabilities as guarantor, of comments to those that concern the the matter finds that the request should endorser, surety or otherwise in respect adequacy or accuracy of the application. be granted. If a motion for leave to of any security of another person; intervene is timely filed, or if the 2. SEI State Line, Inc. provided that such issue or assumption Commission on its own motion believes is for some lawful object within the [Docket No. EG96–57–000] that a formal hearing is required, further corporate purposes of the applicant, On April 16, 1996 SEI State Line, Inc. notice of such hearing will be duly compatible with the public interest, and (‘‘SEI State Line’’), 900 Ashwood given. reasonably necessary or appropriate for Parkway, Suite 500, Atlanta, Georgia Under the procedure herein provided such purpose. 30338–4780, filed with the Federal for, unless otherwise advised, it will be (L) The Commission reserves the right Energy Regulatory Commission an unnecessary for El Paso to appear or be to modify this order to require a further application for determination of exempt represented at the hearing. showing that neither public nor private wholesale generator status pursuant to Lois D. Cashell, interests will be adversely affected by Part 365 of the Commission’s Secretary. continued Commission approval of WPS regulations. [FR Doc. 96–10318 Filed 4–25–96; 8:45 am] Energy’s and WPS Power’s issuance of SEI State Line is a Delaware BILLING CODE 6717±01±M securities or assumptions of liabilities corporation that is engaged directly, or * * *. indirectly through one or more affiliates Notice is hereby given that the as defined in section 2(a)(11)(B) of [Docket No. ER96±1088±000; Docket No. deadline for filing motions to intervene ER95±1528±002] PUHCA, and exclusively in the business or protests, as set forth above, is May 16, of owning or operating, or both owning Wisconsin Public Service Corporation, 1996. and operating, all or part of one or more WPS Energy Services, Inc., WPS Copies of the full text of the Order are eligible facilities and selling electric Power Development, Inc. Wisconsin available from the Commission’s Public energy at wholesale. Public Service Corporation; Notice of Reference Branch, 888 First Street, N.E., SEI State Line intends to acquire an Issuance of Order Washington, D.C. 20426. indirect ownership interest in a 490 MW Lois D. Cashell, coal-fired generating facility located April 23, 1996. Secretary. near Lake Michigan in Hammond, On February 16, 1996, WPS Energy [FR Doc. 96–10351 Filed 4–25–96; 8:45 am] Indiana. Services, Inc. and WPS Power BILLING CODE 6717±01±M Comment date: May 10, 1996, in Development, Inc. (jointly WPS) filed an accordance with Standard Paragraph E application for authorization to sell at the end of this notice. The power at market-based rates, and for [Docket No. EG96±56±000, et al.] Commission will limit its consideration certain waivers and authorizations. In Southern Electric Wholesale of comments to those that concern the particular, WPS requested that the Generators, Inc. et al.; Electric Rate adequacy or accuracy of the application. Commission grant blanket approval and Corporate Regulation Filings 3. State Line Energy, L.L.C. under 18 CFR Part 34 of all future issuances of securities and assumptions April 19, 1996. [Docket No. EG96–58–000] of liabilities by WPS. On April 16, 1996, Take notice that the following filings On April 16, 1996, State Line Energy, the Commission issued an Order have been made with the Commission: L.L.C. (‘‘State Line Energy’’), 900 18584 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices

Ashwood Parkway, Suite 500, Atlanta, Commission’s December 1, 1995, order required by the Commission’s July 25, Georgia 30338–4780, filed with the in Docket No. ER96–1–000. 1994, order in Docket No. ER94–1181– Federal Energy Regulatory Commission 000. 5. Powernet Corporation, Energy an application for determination of On April 15, 1996, Utility-2000 Source Power, Texpar Energy, Inc., Energy Corp. filed certain information exempt wholesale generator status Williams Energy Services Company, pursuant to Part 365 of the Tennessee Power Company, J.L. Walker as required by the Commission’s Commission’s regulations. and Associates, CoEnergy Trading December 29, 1994, order in Docket No. State Line Energy is an Indiana Company ER95–187–000. limited liability company that is On April 9, 1996, ICPM, Inc. filed engaged directly and exclusively in the [Docket No. ER94–931–008; Docket No. certain information as required by the business of owning or operating, or both ER94–1168–008; Docket No. ER95–62–005; Commission’s March 31, 1995, order in owning and operating, all or part of one Docket No. ER95–305–006; Docket No. ER95– Docket No. ER95–640–000. 581–004; Docket No. ER95–1261–003; Docket or more eligible facilities and selling No. ER96–1040–001 (not consolidated)] On April 15, 1996, VTEC Energy Inc. electric energy at wholesale. filed certain information as required by Take notice that the following State Line Energy intends to acquire the Commission’s November 6, 1995, informational filings have been made a 100% ownership interest in a 490 MW order in Docket No. ER95–1855–000. with the Commission and are on file coal-fired generating facility located On April 15, 1996, Coral Power, near Lake Michigan in Hammond, and available for inspection and copying in the Commission’s Public L.L.C. filed certain information as Indiana. required by the Commission’s December Comment date: May 10, 1996, in Reference Room: On April 10, 1996, Powernet 6, 1995, order in Docket No. ER96–25– accordance with Standard Paragraph E Corporation filed certain information as 000. at the end of this notice. The required by the Commission’s April 22, Commission will limit its consideration 7. Minnesota Power & Light Company 1994, order in Docket No. ER94–931– of comments to those that concern the 000. [Docket No. ER96–1457–000] adequacy or accuracy of the application. On April 3, 1996, Energy Source Take notice that on March 29, 1996, 4. Howell Power Systems, Inc., Proven Power filed certain information as Minnesota Power & Light Company Alternatives, Wilson Power & Gas required by the Commission’s July 8, tendered for filing signed Service Smart, Inc., Gateway Energy Inc., 1994, order in Docket No. ER94–1168– agreements with Valero Power Services National Fuel Resources, Inc.; Powertec 000. Company under its Wholesale International L.P. On April 10, 1996, Texpar Energy, Coordination Sales Tariff to satisfy its Inc. filed certain information as required filing requirements under this tariff. [Docket No. ER94–178–009; Docket No. by the Commission’s December 27, Comment date: May 2, 1996, in ER95–473 004; Docket No. ER95–751–005; 1994, order in Docket No. ER95–62–000. accordance with Standard Paragraph E Docket No. ER95–1049–003; Docket No. On April 12, 1996, Williams Energy ER95–1374–002; Docket No. ER96–1–002 at the end of this notice. (not consolidated)] Services Company filed certain information as required by the 8. Commonwealth Edison Company Take notice that the following Commission’s March 10, 1995, order in [Docket No. ER96–1555–000] informational filings have been made Docket No. ER95–305–000. Take notice that on April 12, 1996, with the Commission and are on file On April 15, 1996, Tennessee Power and available for inspection and Commonwealth Edison Company Company filed certain information as (ComEd) submitted five Service copying in the Commission’s Public required by the Commission’s April 28, Reference Room: Agreements, Federal Energy Sales, Inc. 1995, order in Docket No. ER95–581– (FES), dated January 15, 1996; Western On April 4, 1996, Howell Power 000. Systems, Inc. filed certain information Power Services, Inc. (WPS), dated On April 15, 1996, J.L. Walker and March 12, 1996; Eastex Power as required by the Commission’s Associates filed certain information as Marketing, Inc. (Eastex), dated March January 14, 1994, order in Docket No. required by the Commission’s August 7, 18, 1996; International Utility ER94–178–000. 1995, order in Docket No. ER95–1261– Consultants, Inc. (International), dated On April 15, 1996, Proven 000. Alternatives filed certain information as On April 15, 1996, CoEnergy Trading March 19, 1996; and Kentucky Utilities required by the Commission’s March 29, Company filed certain information as Company (KU), dated April 3, 1996. The 1995, order in Docket No. ER95–473– required by the Commission’s March 14, Commission has previously designated 000. 1996, order in Docket No. ER96–1040– the PS–1 Tariff as FERC Electric Tariff, On April 17, 1996, Wilson Power & 000. Original Volume No. 2. Gas Smart, Inc. filed certain information ComEd requests an effective date of as required by the Commission’s April 6. C.C. Pace Energy Services, Utility- March 13, 1996, for the Service 25, 1995, order in Docket No. ER95– 2000 Energy Corp., ICPM, Inc., VTEC Agreements with FES and WPS; March 751–000. Energy Inc., Coral Power, L.L.C. 18, 1996, for the Service Agreement On April 15, 1996, Gateway Energy [Docket No. ER94–1181–007; Docket No. with Eastex; March 19, 1996, for the Inc. filed certain information as required ER95–187–004; Docket No. ER95–640–004; Service Agreement with International by the Commission’s August 4, 1995, Docket No. ER95–1855–002; Docket No. and April 3, 1996, for the Service order in Docket No. ER95–1049–000. ER96–25–002 (not consolidated)] Agreement with KU, and accordingly On April 17, 1996, National Fuel Take notice that the following seeks waiver of the Commission’s Resources, Inc. filed certain information informational filings have been made requirements. Copies of this filing were as required by the Commission’s with the Commission and are on file served upon FES, WPS, Eastex, September 7, 1995, order in Docket No. and available for inspection and International, KU and the Illinois ER95–1374–000. copying in the Commission’s Public Commerce Commission. On April 16, 1996, Powertec Reference Room: Comment date: May 3, 1996, in International L.P. filed certain On April 9, 1996, C.C. Pace Energy accordance with Standard Paragraph E information as required by the Services filed certain information as at the end of this notice. Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices 18585

9. The Montana Power Company Sales Tariff. The agreements are based rate schedule will enable the parties to [Docket No. ER96–1556–000] on the Form of Service Agreement in purchase and sell capacity and energy Illinois Power’s tariff. in accordance with the terms of the Take notice that on April 12, 1996, Illinois Power has requested an Agreement. The Montana Power Company effective date of April 1, 1996. Comment date: May 3, 1996, in (Montana), tendered for filing with the Comment date: May 3, 1996, in accordance with Standard Paragraph E Federal Energy Regulatory Commission accordance with Standard Paragraph E at the end of this notice. pursuant to 18 CFR 35.13 a supplement at the end of this notice. to Rate Schedule FERC No. 188 (a 16. TECO EnergySource, Inc. Transmission Agreement between The 13. Wisconsin Power and Light [Docket No. ER96–1563–000] Montana Power Company and Puget Company Take notice that on April 12, 1996, Sound Power & Light Company, dated [Docket No. ER96–1560–000] TECO EnergySource, Inc. July 30, 1971). Montana requests that Take notice that on April 12, 1996, (EnergySource), tendered for filing with the Commission grant a waiver of the Wisconsin Power and Light Company the Federal Energy Regulatory 60-day prior notice requirement (WP&L), tendered for filing an Commission Rate Schedule No. 1 which pursuant to 18 CFR 35.11. permits EnergySource to make sales of A copy of the filing was served upon Agreement dated April 2, 1996, establishing Eastex Power Marketing, capacity and energy at market-based Puget Sound Power & Light Company. rates. Comment date: May 3, 1996, in Inc. as a customer under the terms of WP&L’s Point-to-Point Transmission Comment date: May 3, 1996, in accordance with Standard Paragraph E accordance with Standard Paragraph E at the end of this notice. Tariff. WP&L requests an effective date of at the end of this notice. 10. Illinois Power Company April 2, 1996 and accordingly seeks 17. Northeast Utilities Service Company waiver of the Commission’s notice [Docket No. ER96–1557–000] [Docket No. ER96–1564–000] Take notice that on April 12, 1996, requirements. A copy of this filing has been served upon the Public Service Take notice that on April 15, 1996, Illinois Power Company (Illinois Northeast Utilities Service Company Power), 500 South 27th Street, Decatur, Commission of Wisconsin. Comment date: May 3, 1996, in (NUSCO), tendered for filing, a Service Illinois 62526, tendered for filing a Agreement with Aquila Power Power Sales Tariff, Service Agreement accordance with Standard Paragraph E at the end of this notice. Corporation (Aquila) under the NU under which Eastex Power Marketing, System Companies’ System Power Inc. will take service under Illinois 14. New England Power Pool Sales/Exchange Tariff No. 6. Power Company’s Power Sales Tariff. [Docket No. ER96–1561–000] Aquila also filed a Certificate of The agreements are based on the Form Concurrence as it relates to exchange Take notice that on April 12, 1996, of Service Agreement in Illinois Power’s transactions under the Tariff. tariff. the New England Power Pool Executive NUSCO states that a copy of this filing Illinois Power has requested an Committee filed a signature page to the has been mailed to Aquila. effective date of April 1, 1996. NEPOOL Agreement dated September 1, NUSCO requests that the Service Comment date: May 3, 1996, in 1971, as amended, signed by Indeck- Agreement become effective sixty (60) accordance with Standard Paragraph E Pepperell Power Associates, Inc. days following the Commission’s receipt at the end of this notice. (Indeck). The New England Power Pool of the filing. Agreement, as amended, has been 11. Illinois Power Company Comment date: May 3, 1996, in designated NEPOOL FPC No. 2. accordance with Standard Paragraph E [Docket No. ER96–1558–000] The Executive Committee states that at the end of this notice. Take notice that on April 12, 1996, acceptance of the signature page would 18. Central Hudson Gas & Electric Illinois Power Company (Illinois permit Indeck to join the over 90 other Corporation Power), 500 South 27th Street, Decatur, electric utilities and independent power Illinois 62526, tendered for filing a producers that already participate in the [Docket No. ER96–1565–000] Power Sales Tariff, Service Agreement Pool, and the power marketers recently Take notice that on April 15, 1996, under which Carolina Power & Light admitted to the Pool. NEPOOL further Central Hudson Gas and Electric Company will take service under states that the filed signature page does Corporation (Central Hudson), tendered Illinois Power Company’s Power Sales not change the NEPOOL Agreement in for filing its development of actual costs Tariff. The agreements are based on the any manner, other than to make Indeck for 1995 related to transmission service Form of Service Agreement in Illinois a Participant in the Pool. NEPOOL provided from the Roseton Generating Power’s tariff. requests an effective date of June 1, Plant to Consolidated Edison Company Illinois Power has requested an 1996, for commencement of of New York, Inc. (Con Edison) and effective date of April 1, 1996. participation in the Pool by Indeck. Niagara Mohawk Power Corporation Comment date: May 3, 1996, in Comment date: May 3, 1996, in (Niagara Mohawk) in accordance with accordance with Standard Paragraph E accordance with Standard Paragraph E the provisions of its Rate Schedule at the end of this notice. at the end of this notice. FERC No. 42. 12. Illinois Power Company 15. Ohio Edison Company, The actual costs for 1995 amounted to Pennsylvania Power Company $1.1676 per MW-day to Con Edison and [Docket No. ER96–1559–000] $3.6640 per MW-day to Niagara Take notice that on April 12, 1996, [Docket No. ER96–1562–000] Mohawk and are the basis on which Illinois Power Company (Illinois Take notice that on April 12, 1996, charges for 1996 have been estimated. Power), 500 South 27th Street, Decatur, Ohio Edison Company, tendered for Central Hudson requests waiver on Illinois 62526, tendered for filing a filing on behalf of itself and the notice requirements set forth in 18 Power Sales Tariff, Service Agreement Pennsylvania Power Company, an CFR 35.11 of the Regulations to permit under which Entergy will take service Agreement for Power Transactions with charges to become effective January 1, under Illinois Power Company’s Power Vitol Gas & Electric L.L.C. This initial 1996, as agreed by the parties. 18586 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices

Central Hudson states that a copy of Illinois Power has requested an April 4, 1996, providing for its filing was served on Con Edison, effective date of April 1, 1996. transmission to, from and over both the Niagara Mohawk and the State of New Comment date: May 3, 1996, in East and North HVDC Ties, establishing York Public Service Commission. accordance with Standard Paragraph E Texas Utilities Electric Company (TU) Comment date: May 3, 1996, in at the end of this notice. as a customer under the terms of the accordance with Standard Paragraph E 22. Illinois Power Company Companies’ Southwestern Power Pool at the end of this notice. (SPP) Interpool Tariff; and (2) an [Docket No. ER96–1569–000] 19. Central Hudson Gas & Electric Agreement between the Companies and Corporation Take notice that on April 15, 1996, TU to prevent double counting. Illinois Power Company (Illinois The Companies request waiver of the [Docket No. ER96–1566–000] Power), 500 South 27th Street, Decatur, Commission’s notice requirements. Take notice that on April 15, 1996, Illinois 62526, tendered for filing a Copies of this filing were served upon Central Hudson Gas and Electric Power Sales Tariff, Service Agreement TU and the Public Utility Commission Corporation (Central Hudson), tendered under which QST Energy Trading Inc. of Texas. for filing its development of actual costs will take service under Illinois Power Comment date: May 3, 1996, in for 1995 related to substation service Company’s Power Sales Tariff. The accordance with Standard Paragraph E provided to Consolidated Edison agreements are based on the Form of at the end of this notice. Company of New York, Inc. (Con Service Agreement in Illinois Power’s Standard Paragraph Edison) in accordance with the tariff. provisions of its Rate Schedule FERC Illinois Power has requested an E. Any person desiring to be heard or No. 43. effective date of April 1, 1996. to protest said filing should file a Central Hudson indicates that the Comment date: May 3, 1996, in motion to intervene or protest with the actual cost amounted to $232,083 for accordance with Standard Paragraph E Federal Energy Regulatory Commission, 1995 will be the basis on which at the end of this notice. 888 First Street, N.E., Washington, D.C. estimated charges for 1996 will be 20426, in accordance with Rules 211 billed. Central Hudson requests waiver 23. Maine Public Service Company and 214 of the Commission’s Rules of on the notice requirements set forth in [Docket No. ER96–1570–000] Practice and Procedure (18 CFR 385.211 18 CFR 35.11 of the Regulations to Take notice that on April 15, 1996, and 18 CFR 385.214). All such motions permit charges to become effective or protests should be filed on or before January 1, 1996, as agreed by the parties. Maine Public Service Company submitted an agreement under its the comment date. Protests will be Central Hudson states that a copy of considered by the Commission in its filing was served on Con Edison and Umbrella Power Sales tariff. Comment date: May 3, 1996, in determining the appropriate action to be the State of New York Public Service taken, but will not serve to make Commission. accordance with Standard Paragraph E at the end of this notice. protestants parties to the proceeding. Comment date: May 3, 1996, in Any person wishing to become a party accordance with Standard Paragraph E 24. Central Power and Light Company must file a motion to intervene. Copies at the end of this notice. and West Texas Utilities Company of this filing are on file with the 20. PSI Energy, Inc. [Docket No. ER96–1571–000] Commission and are available for public inspection. [Docket No. ER96–1567–000] Take notice that on April 15, 1996, Take notice that on April 15, 1996, Central Power and Light Company (CPL) Lois D. Cashell, PSI Energy, Inc. (PSI), tendered for filing and West Texas Utilities Company Secretary. pursuant to the Service Agreement (WTU) (jointly, the Companies), [FR Doc. 96–10352 Filed 4–25–96; 8:45 am] between the Town of Veedersburg and submitted two Transmission Service BILLING CODE 6717±01±P PSI a revised Exhibit A (Service Agreements, dated April 4, 1996, Specifications). providing for transmission to, from and Said Exhibit A provides for revised over both the East and North HVDC ENVIRONMENTAL PROTECTION service characteristics at the Ties, establishing Texas Utilities AGENCY Municipal’s delivery point(s). Electric Company (TU) as a customer Copies of the filing were served on the under the terms of the ERCOT Interpool [ER±FRL±5415±9] Town of Veedersburg and the Indiana Transmission Service Tariff. Utility Regulatory Commission. The Companies request waiver of the Environmental Impact Statements and Comment date: May 3, 1996, in Commission’s notice requirements. Regulations; Availability of EPA accordance with Standard Paragraph E Copies of this filing were served upon Comments at the end of this notice. TU. Comment date: May 3, 1996, in Availability of EPA comments 21. Illinois Power Company accordance with Standard Paragraph E prepared April 08, 1996 Through April [Docket No. ER96–1568–000] at the end of this notice. 12, 1996 pursuant to the Environmental Take notice that on April 15, 1996, Review Process (ERP), under Section 25. Public Service Company of Illinois Power Company (Illinois 309 of the Clean Air Act and Section Oklahoma and Southwestern Electric Power), 500 South 27th Street, Decatur, 102(2)(c) of the National Environmental Power Company Illinois 62526, tendered for filing a Policy Act as amended. Requests for Power Sales Tariff, Service Agreement [Docket No. ER96–1572–000] copies of EPA comments can be directed under which Delhi Energy Services, Inc. Take notice that on April 15, 1996, to the Office of Federal Activities at will take service under Illinois Power Public Service Company of Oklahoma (202) 564–7167. Company’s Power Sales Tariff. The (PSO) and Southwestern Electric Power An explanation of the ratings assigned agreements are based on the Form of Company (SWEPCO) (jointly, the to draft environmental impact Service Agreement in Illinois Power’s Companies) submitted (1) two statements (EISs) was published in FR tariff. Transmission Service Agreements dated dated April 05, 1996 (61 FR 15251). Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices 18587

Draft EISs Summary: EPA expressed ERP No. F–GSA–L40195–WA Pacific ERP No. D–COE–D35057–MD Rating environmental concerns regarding Highway Port of Entry (POE) Facility EC2, Poplar Island Restoration Project, potential adverse impacts to surface Expansion, Construction of WA–543 in Dredging, Construction and Placement water, air quality, groundwater and Blaine, near the United States/Canada of Dredged Materials, Implementation, wetlands. Additional information is Border in Blaine, Whatcom County, Chesapeake Bay, Talbot County, MD. needed regarding the definition of the WA. Summary: EPA expressed project’s purpose and need, as well as Summary: Review of the Final EIS environmental concerns regarding the the alternatives analysis. was not deemed necessary. No formal monitoring, maintenance, and remedial ERP No. D–FRC–L05214–WA Rating comment letter was sent to the action components of the project, as LO, Priest Rapids Project (FERC No. preparing agency. well as the lack of information regarding 2114–024), Evaluation of Downstream ERP No. F–IBR–K39037–CA Cachuma these issues. Fish Passage Facilities, New License Water Supply Project, Implementation, ERP No. D–COE–K01074–CA Rating Issuance with Conditions to Protect the Long-Term Contract Renewal, Santa EO2, Morrison Creek Mining Reach Migratory Juvenile Salmon (Smolts), Ynez Valley, Bradbury Dam, Santa Upstream North of Jackson Highway, Columbia River Basin, Grant County, Barbara County, CA. Implementation, Community Plan WA. Summary: Review of the Final EIS Summary: EPA had no enviromental Amendment, Rezoning, Use Permit was not deemed necessary. No formal concerns regarding the proposed Amendment to Existing Use Permit and comment letter was sent to the project. COE Section 404 Permit, Sacramento preparing agency. ERP No. DA–COE–L39045–AK Rating County, CA. Dated: April 22, 1996. LO, Chignik Small Boat Harbor Summary: EPA expressed Development and Construction, B. Katherine Biggs, environmental concerns over potential Updated Information concerning Associate Director, NEPA Compliance impacts to wetlands resources, Alternatives, Anchorage Bay, Alaska Division, Office of Federal Activities. including vernal pools, as well as Peninsula, AK. [FR Doc. 96–10390 Filed 4–25–96; 8:45 am] potential adverse impacts to air quality. Summary: EPA’s review has revealed BILLING CODE 6560±50±P ERP No. D–COE–K39040–CA Rating no potential environmental concerns EC2, San Diego County Water Authority that would require substantive changes Emergency Water Storage Project, to the proposal. [ER±FRL±5415±8] Construction and Operation, COE ERP No. DS–COE–K32028–CA Rating Section 404 Permit and Permit EC2, Richmond Harbor Deep Draft Environmental Impact Statements; Application, San Diego County, CA. Navigation Improvements, Updated and Notice of Availability Summary: EPA expressed Additional Information to Improve Responsible Agency: Office of Federal environmental concerns over potential Navigation Efficiency into the Potrero cumulative impacts to fish and wildlife Activities, General Information (202) Reach Channel, San Francisco Bay, 564–7167 OR (202) 564–7153. and riparian corridors due to Contra Costa County, CA. construction of new reservoirs proposed Weekly receipt of Environmental Summary: EPA expressed Impact Statements Filed April 15, 1996 under certain alternatives, and strongly environmental concerns over: (1) the recommended that the Corps not select Through April 19, 1996 Pursuant to 40 lack of an adequate economic analysis CFR 1506.9. an alternative that provides for on which to evaluate the practicability construction of new dams or reservoirs. of different disposal alternatives EIS No. 960177, Draft EIS, AFS, AK, EPA also requested additional presented in the DEIS, and (2) the need King George Timber Sale Project, information regarding pollution to address potential mitigation for the Timber Harvesting and Road measures and cumulative impacts. losses of shallow water habitat that Construction, Implementation, ERP No. D–COE–K90029–CA Rating would be associated with widening of Tongass National Forest, Stikine Area, EC2, Delta Wetlands Project, the navigation channels and creating the Etolin Island, AK, Due: June 10, 1996, Construction and Operation Water new turning circle. Contact: Meg Mitchell (907) 874– Storage Project on Four Islands in the 2323. Sacramento-San Joaquin Delta, Final EISs EIS No. 960178, Final EIS, COE, CA, Approval of Permits, San Joaquin and ERP No. F–AFS–L65246–WA First Morrison Creek Mining Reach Contra Costa Counties, CA. Creek Basin Restoration Project, Upstream North of Jackson Highway, Summary: EPA expressed Implementation, Wenatchee National Implementation, Community Plan environmental concerns because of the Forest, Chelan Ranger District, Chelan Amendment, Rezoning, Use Permit potential for movement of optimum County, WA. Amendment to Existing Use Permit salinity conditions upstream, which Summary: Review of the Final EIS and COE Section 404 Permit, represents a possible significant adverse was not deemed necessary. No formal Sacramento County, CA, Due: May 28, impact to key components of the Bay comment letter was sent to the 1996, Contact: Larry Vinzant (916) Delta ecosystem. EPA is also concerned preparing agency. 557–5263. that diversions onto the islands may ERP No. F–DOE–L09807–WA Hanford EIS No. 960179, Draft EIS, FHW, TN, significantly attenuate pulse flows Site K Basins Management of Spent TN–385 (Collierville-Arlington associated with spring storms and that Nuclear Fuel, Storage and Disposal, Parkway) Improvement Project, Delta Wetlands operations are not Application for Approval of Construction from Mt. Pleasant Road integrated with operation of the State Construction and NPDES Permit to South of Interstate 40, Funding, Water Project and Central Valley Issuance, Columbia River, Richland, Shelby and Fayette Counties, TN, Project. Benton County, WA. Due: June 10, 1996, Contact: Dennis C. ERP No. D–COE–L23001–WA Rating Summary: Review of the Final EIS Cook (615) 736–5394. EO2, Resource Investments Landfill was not deemed necessary. No formal EIS No. 960180, Final EIS, FHW, WV, Facility Construction, COE Section 404 comment letter was sent to the VA, Appalachian Corridor H Permit Issuance, Pierce County, WA. preparing agency. Construction, Funding, Eklins, WV to 18588 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices

I–81, VA, Due: May 28, 1996, Contact: Cogeneration Project, Construction 3004(j) involving relatively small Ben Hark (304) 558–2885. and Operation, Permits and volumes of waste as reduced priorities EIS No. 960181, Draft EIS, AFS, WA, Approvals, Guayanilla Bay, PR, Due: among EPA’s potential civil North Sherman and Fritz Timber May 28, 1996, Contact: Chris Zerby enforcement actions. EPA’s primary Sales, Implementation, Colville (202) 208–0111. concern is with (1) mixed waste National Forest, Kettle Falls Ranger Amended Notices facilities that are not pursuing District, Ferry County, WA, Due: June environmentally responsible 10, 1996, Contact: Meredith Webster EIS No. 960135, Draft EIS, APH, management of their stored mixed (509) 738–6111. Programmatic EIS—Veterinary wastes, especially those storing large EIS No. 960182, Draft EIS, NPS, WA, Services (VS) Programs, quantities of mixed waste, and (2) those Elwha River Ecosystem Restoration Implementation, to Detect, Prevent, that are storing wastes for which Project, Implementation, Olympic Control, and Eradicate Domestic and treatment technology is commercially National Park, Clallam County, WA, Foreign Animal Diseases and Pests, available. Generators must explore all Due: June 25, 1996, Contact: Brian All 50 States and the United States viable treatment and disposal Winter (360) 452–0302. Territories, Due: June 25, 1996, alternatives during the next two years EIS No. 960183, Final EIS, GSA, GA, Contact: Dr. William E. Ketter (301) since new technologies may come on Savannah Federal Building—United 734–8565. line at any time. If treatment technology States Courthouse, Site Selection and Published FR 04–26–96—Review and disposal capacity are available, it is Construction of Annex within the Period Extended. incumbent upon the generator to use existing Federal Building Courthouse, Dated: April 22, 1996. them. EPA anticipates employing RCRA Savannah, GA, Due: May 28, 1996, B. Katherine Biggs, § 3007 authority to ensure that this Contact: Phil Youngberg (404) 331– policy is not abused, with particular 1831. Associate Director, NEPA Compliance Division, Office of Federal Activities. focus on ensuring that emerging EIS No. 960184, Final EIS, FHW, WI, treatment technologies are fully utilized WI–100 and US 45 Interchange [FR Doc. 96–10391 Filed 4–25–96; 8:45 am] BILLING CODE 6560±50±P and on confirming that those wastes for Roadway Improvements and which no treatment exists are stored Construction, Funding and COE safely. Section 404 Permit, Milwaukee and [FRL±5463±4] Waukesha Counties, WI, Due: May 28, EFFECTIVE DATE: April 21, 1996. 1996, Contact: Richard C. Madrzak Extension of the Policy on FOR FURTHER INFORMATION CONTACT: Enforcement of RCRA Sec. 3004(j) (608) 829–7510. Nancy Hunt, Federal, State and Tribal EIS No. 960185, Draft EIS, AFS, CA, Storage Prohibition at Facilities Programs Branch, Office of Solid Waste; Rock Creek Recreational Trails Generating Mixed Radioactive/ Telephone (703) 308–8762. Management Plan, Implementation, Hazardous Waste Eldorado National Forest, Georgetown SUPPLEMENTARY INFORMATION: AGENCY: Environmental Protection Ranger District, Eldorado County, CA, Agency (EPA). I. Background Due: June 10, 1996, Contact: Linda Earley (916) 333–4312. ACTION: Policy statement. A. Mixed Waste and the LDR Storage EIS No. 960186, Draft Supplement, AFS, SUMMARY: EPA is announcing a limited Prohibition AK, Tongass Land Management Plan extension of its policy (56 FR 42730, ‘‘Mixed wastes’’ are wastes that Revision (1996 DSEIS) New August 29, 1991) on the civil contain both a hazardous waste Information concerning Changes to enforcement of the storage prohibition component regulated under Subtitle C the Management Plan, in sec. 3004(j) of the Resource of RCRA and a radioactive component Implementation, Tongass National Conservation and Recovery Act (RCRA) consisting of source, special nuclear, or Forest, AK, Due: July 26, 1996, at facilities which generate ‘‘mixed byproduct material regulated under the Contact: Beth Pendleton (907) 586– waste’’ regulated under both the RCRA AEA. EPA clarified that RCRA applies 8700. subtitle C hazardous waste program and to wastes which contain both types of EIS No. 960187, Draft EIS, NOA, NJ, the Atomic Energy Act (AEA). The components on July 3, 1986 (51 FR Mullica River—Great Bay National policy affects only mixed wastes that are 24504). The definition of mixed waste Estuarine Research Reserve prohibited from land disposal under the was added to the RCRA statute by the Establishment, Site Designation and RCRA land disposal restrictions (LDR) Federal Facility Compliance Act (FFCA) Plan Implementation, Ocean, Atlantic and for which there are no available of 1992, 42 U.S.C. 6912, 6939, and 6961. and Burlington Counties, NJ, Due: options for treatment or disposal. This Mixed wastes are a subset of hazardous June 10, 1996, Contact: Dolores action renews the August 1991 policy wastes, and as such, are subject to the Washington (301) 713–3132 Ext. 113. for an additional two year period for EIS No. 960188, Draft EIS, FRC, CA, land disposal restrictions in 40 CFR Part some mixed wastes, based on EPA’s New Don Pedro Reservoir Project 268. Currently, most mixed wastes are determination that treatment technology (NDPP) (FERC. No. 2299–024), subject to the LDRs, except for some and disposal capacity 1 for these mixed Reservoir Release Requirements for newly listed or identified hazardous wastes are still not available. wastes that are mixed with AEA Fish, Continuation and Maintenance, Pursuant to the terms of this policy, radioactive materials and do not yet Issuance of Licenses, Tuolumne River EPA will treat violations of section and San Joaquin River Turlock and have EPA treatment standards. Certain Malesto Irrigation Districts, Stanislaus 1 For purposes of this policy statement, newly listed wastes that are mixed with County, CA, Due: June 10, 1996, ‘‘available treatment technology and disposal radioactive materials, and soil and Contact: Monica A. Maynard (202) capacity’’ means that a facility is commercially debris contaminated with certain 219–2652. available to treat or dispose of a particular waste hazardous wastes (which also may be and the facility has either (1) a RCRA permit or EIS No. 960189, Final EIS, FRC, PR, Eco interim status; (2) a research, development, and radioactive) are currently subject to Ele’ctrica Liquefied Natural Gas (LNG) demonstration permit under 40 CFR 270.65; or (3) variances from the LDR treatment Import Terminal and Electric a land treatment permit under 40 CFR 270.63. standards (See 40 CFR 268.38). Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices 18589

The aspect of the LDRs affected by the Managing Commercial Low-Level Texas processes mixed waste for off-site policy extension set forth in this notice Radioactive Waste’’), and by incineration or disposal. In addition, the is the ‘‘storage prohibition’’ enacted in commenters on EPA LDR rulemakings. study cites Scientific Ecology Group, Hazardous and Solid Waste In 1992, EPA and NRC published a Inc. (SEG) in Oak Ridge, Tennessee as Amendments (HSWA) sec. 3004(j). This joint survey on commercial generators a licensed processor of radiologically provision prohibits any storage of a land entitled ‘‘National Profile on contaminated materials which has disposal prohibited waste (including Commercially Generated Low-Level applied for a RCRA Part B permit for mixed waste) except ‘‘for the purpose of Radioactive Mixed Waste’’ (NUREG/CR– treating low-level hazardous wastes. the accumulation of such quantities of 5938, December, 1992). This survey The study also lists (page 4–19) hazardous waste as are necessary to supported the view that a treatment several treatment technologies being facilitate proper recovery, treatment, or capacity shortfall existed for evaluated by DOE for applicability to disposal.’’ commercial low-level mixed waste treatment and disposal of mixed low- The storage prohibition has relevance streams. The Profile provided a level radioactive waste, including to mixed waste management, since there snapshot of the commercial low-level biodegration, freeze, crystallization, currently is only one facility that EPA mixed waste universe in 1990, and it biocatalytic destruction of nitrates, ion is aware of, Envirocare of Utah, Inc., estimated a treatment capacity shortfall exchange and acid leaching for mercury that provides disposal capacity for of at least 12,000 cubic feet based on the removal, thermal treatment technologies certain types (i.e., mainly low activity treatment demand in 1990. The for waste destruction such as plasma arc and high volume mixed wastes) of treatment/disposal capacity assessment incineration and steam reforming, commercially generated mixed waste. for the 1992 Profile was based upon thermal vitrification, and thermosplastic Also, there are limited treatment options information from several companies that encapsulation. In addition, EPA has for much of the mixed waste generated are still treating mixed waste (i.e., become aware of an emerging treatment by commercial generators (e.g. nuclear Diversified Scientific Services, Inc. technology which has been developed power reactors, fuel cycle, and materials (DSSI), NSSI Recovery Services, Inc. by Molten Metal Technology, Inc. in licensees) and by Federal agencies. EPA (NSSI), and Perma-Fix Environmental Waltham, Massachusetts. Their patented has previously concluded that storage of Services (PFF), formerly Quadrex quantum catalytic extraction process for a waste pending development of Corporation. In addition, two companies the recycling of radiation contaminated treatment technology does not had plans to treat mixed waste, hazardous wastes was tested in pilot constitute storage to accumulate Envirocare of Utah, Inc. (Envirocare), demonstrations of the technology in sufficient quantities to facilitate proper and Scientific Ecology Group, Inc. 1995, and has been recognized as a Best treatment or disposal. This (SEG).2 The enforcement policy was Demonstrated Available Technology interpretation was upheld by the U.S. extended in April, 1994 (59 FR 18813, (BDAT) and a viable alternative to Court of Appeals for the District of April 20, 1994) based upon an incineration for some hazardous wastes. Columbia Circuit in the case of Edison anticipated improvement in treatment The company anticipates a facility in Electric Institute v. EPA, 996 F.2d 326 technology and disposal capacity. Some Oak Ridge, Tennessee will be (D.C. Cir. 1993). EPA, however, believes improvements have occurred in the operational in 1996. that because of the relatively small interim as noted in a Department of Recent EPA contact with company quantities of mixed waste that are Energy (DOE) study of available, or soon officials substantiated that DSSI generated by commercial facilities to be available, treatment technologies currently has excess capacity for (typically two 55 gallon drums or less for mixed waste. This study by the thermal treatment of liquid mixed per year per facility), there has not, as National Low-Level Waste Management wastes meeting their acceptance criteria. yet, been sufficient economic incentive Program at the Idaho National NSSI, a RCRA permitted treatment, to develop and operate mixed waste Engineering Laboratory was published storage and disposal facility for treatment or disposal facilities to in May 1995 under the title ‘‘Mixed radioactive, hazardous and mixed address many types of mixed waste. Waste Management Options: 1995 wastes which accepts only private Therefore, commercial generators may Update’’ (DOE/LLW–219) and includes sector wastes, also has available have little option but to store those treatment options and waste acceptance capacity for mixed wastes meeting its wastes for which treatment technology criteria for mixed waste management acceptance criteria according to or disposal capacity is not yet available. facilities as of 1994 (in Appendices C– company personnel. NSSI is permitted This does not diminish the obligation of 1 through C–4) and names and phone for all EPA waste codes, and is licensed mixed waste generators to work to numbers for points of contact. The for all radionuclides, including special develop adequate treatment capacity. update describes four companies that nuclear material. PFF, formerly are currently accepting and treating Quadrex, has current treatment capacity B. Mixed Waste Treatment Technology for liquid scintillation cocktail fluids and Disposal Capacity mixed wastes. EPA understands that DSSI in Kingston, Tennessee incinerates and ignitable wastes, and plans to apply Prior to issuing the 1991 policy (56 FR most types of liquid mixed wastes; for a RCA Part B permit modification to 42730, August 29, 1991) on the civil Envirocare in Tooele County, Utah increase the number of waste codes it enforcement of the storage prohibition, treats high volume mixed wastes and can accept. An amendment expanding EPA determined that inadequate provides disposal services for mixed PFF’s radiation license was approved in treatment technology and disposal waste; PFF in Gainesville, Florida 1996. SEG currently accepts radioactive capacity existed to treat or dispose of processes liquid scintillation materials waste, and intends to provide mixed many mixed waste streams. This for incineration; and NSSI in Houston, waste treatment, including incineration, determination was supported by data once its RCRA permit is approved. SEG from several surveys conducted by 2 Reference in this policy to specific companies may have some treatment capacity on- States and Regional Low Level Waste providing waste treatment or disposal should not be line by the end of the policy extension Compacts, by information available in read as a specific endorsement of any company or period. Envirocare received a mixed technology nor as confirmation that the technology the Office of Technology Assessment’s offered by any of these companies is appropriate for waste treatment permit in 1993. It October, 1990 report on low-level waste a particular waste, which can be determined only provides treatment and land disposal issues (‘‘Partnerships Under Pressure- on a case by case basis. facilities for mixed wastes meeting its 18590 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices acceptance criteria and the radionuclide capacities identified in the site-specific officials may decide to follow the policy limitations of its license and has treatment plans required by the Federal provided in this extension or to act at capacity to treat 150 tons of waste per Facility Compliance Act for managing variance with the policy, based on an day. Thus, there has been some DOE’s significant mixed waste analysis of specific site circumstances. improvement in the mixed waste inventories. EPA expects that the The Agency also reserves the right to treatment capacity situation in the past commercial and governmental change this policy at any time without two years. generators affected by this policy public notice. EPA reserves the right to Based on the ‘‘Mixed Waste extension will also be beneficiaries of take any and all actions provided under Treatment Study’’ prepared for the the statutory and market forces that are RCRA with respect to activities at Electric Power Research Institute and currently addressing the treatment hazardous waste facilities and against finalized in early 1996, EPA capacity issues within the DOE persons who handle hazardous waste. understands that there are still some complex. Therefore, a two year limited The intent of the policy published on mixed wastes for which treatment extension of this policy should foster August 29, 1991 was to explain how technologies or disposal facilities may greater coordination of the solutions to RCRA section 3004(j) storage violations not yet be available, particularly for the treatment capacity shortfall that involving mixed wastes fit within the nuclear utilities. The study was affects all generators. Agency’s civil enforcement priorities. At developed to provide member utilities that time, there was no available C. Need for Generators To Explore with updated information on mixed treatment technology or disposal Treatment and Disposal Options waste storage and emerging treatment capacity for most of the mixed wastes technologies, including catalytic The land disposal restrictions found prohibited from land disposal. extraction process, steam reforming, in Title 40 CFR Part 268 require Treatment technology or disposal vitrification, and supercritical water generators to treat hazardous wastes to capacity is still unavailable for some of oxidation. Many of these technologies specified treatment standards. EPA these mixed wastes as well as for appear promising, but are not currently emphasizes that generators must additional mixed waste that became operational. continue to explore all viable treatment subject to the land disposal prohibitions In an effort to help generators locate alternatives during this extension since during the initial extension of the mixed mixed waste treatment, storage, and new technologies may come on line at waste policy (April 20, 1994 to April 20, disposal facilities (TSDFs), EPA is any time. Generators should be prepared 1996). Generators and storers of these developing an Interest Home Page that to demonstrate their good faith efforts at wastes continue to find it impossible to lists commercially available mixed locating available capacity for each of comply with the section 3004(j) storage waste TSDFs. This list should not be their mixed wastes. In addition, prohibition for some of their mixed seen as complete or as a generators should also explore the waste, for which there are no available recommendation or endorsement of any potential benefits of consolidating their options for treatment or disposal. At the of these facilities. This list only wastes with like wastes from other same time, however, generators of the represents those companies that have generators, and developing or procuring affected mixed waste, through prudent expressed an interest in participating in treatment capacity to address more waste management practices, are EPA’s Mixed Waste Internet HomePage. efficiently the waste streams that are required to store their mixed wastes for EPA does not endorse or promote pooled in this fashion. The option of the limited duration of this policy technologies or companies that provide consolidating the management of DOE extension in a manner that poses treatment, storage, or disposal capacity and commercially generated wastes has minimal risk to public health or the for any waste including mixed waste. been a topic of much discussion environment. Responsible management Companies that wish to participate between DOE and those interests should contact EPA at the number listed practices should, therefore, minimize responsible for developing and the environmental risks from these for this Federal Register notice. regulating new commercial low-level Thus, EPA is providing a limited section 3004(j) storage violations. radioactive waste facilities. EPA urges extension of the enforcement policy for For mixed waste generators who are the continuation of these discussions, an additional two years. However, this storing mixed wastes in an and the participation of the commercial extended policy applies only to those environmentally responsible manner as generator interests in the debate. waste streams for which no treatment described in this policy where no viable technology or disposal capacity is II. Summary of Policy treatment technology or disposal available. Generators should understand capacity exists or becomes available that any existing treatment technology A. Storage Prohibition Policy Extension during this extension, EPA considers or disposal capacity must be used. EPA In this notice, EPA is announcing a the violations of RCRA section 3004(j) does not intend to extend this policy on limited extension of its policy (56 FR involving relatively small volumes of a routine or indefinite basis, and may 42730, August 29, 1991) on civil waste to be reduced priorities among withdraw this policy at any time. EPA’s enforcement of the storage prohibition EPA’s potential civil enforcement willingness to further extend the 1991 in section 3004(j) of RCRA at facilities actions. Any enforcement activity policy at this time is based on positive which generate limited quantities of arising from violations of section 3004(j) developments in treatment technology mixed wastes. This policy does not at these facilities will generally focus on and disposal capacity during the past apply to those mixed wastes for which determining whether these generators two years. treatment technology and/or disposal are managing their mixed wastes in an Prospects for new mixed waste capacity is currently available or environmentally responsible manner treatment technology and disposal becomes available during the effective and whether they are storing wastes for capacity continue to be driven largely period of this extension. This policy is which treatment technology is by the treatment needs identified by the not final agency action, but is intended commercially available (for example, DOE, since DOE’s waste volumes dwarf solely as guidance. It is not intended, most liquid mixed wastes). EPA’s those of the commercial sector. The next nor can it be relied upon, to create any primary concern is with mixed waste few years will be significant for bringing rights enforceable by any party in generators that are not managing their on-line the facilities, the processes, and litigation with the United States. EPA stored mixed wastes in an Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices 18591 environmentally responsible manner, required if mixed wastes are stored for evidence a disregard for compliance especially those storing large quantities greater than 90 days. The policy does with the RCRA hazardous waste of mixed waste. not extend to potential criminal regulations, EPA may attach a greater This policy extension is limited in violations of RCRA, for which priority to all violations—including duration, and terminates on April 20, prosecutorial discretion rests solely storage of mixed waste in violation of 1998. During the period that this policy with the United States Attorney section 3004(j)— at that facility. In is in effect, EPA will again evaluate data General. addition, if treatment technology and/or that becomes available on generation, EPA intends to apply this policy to disposal capacity are available, it is treatability, and treatment technology executive branch federal facilities, incumbent upon the generator to use it. and disposal capacity for the mixed except facilities owned or operated by EPA anticipates employing RCRA wastes affected by this policy. EPA may the Department of Energy or by the joint section 3007 authority to ensure that address the issue of mixed waste Navy/DOE Naval Nuclear Propulsion this policy is not abused, with particular regulation under a supplemental Program (NNPP). The just-expired focus on ensuring that appropriate proposal on HWIR mixed waste exit policy extension did not apply to any emerging treatment technologies and criteria. Mixed waste facilities should executive branch federal facility because disposal capacity are fully utilized and keep apprised of developments in this section 102(c) of the Federal Facility on confirming that those wastes for area. The Agency strongly encourages Compliance Act (FFCA), Public Law which no treatment exists are stored those managing mixed waste to 102–386 (October 6, 1992) (not safely. expeditiously explore and develop codified), delayed the waiver of additional treatment technologies and to sovereign immunity with respect to III. Applicability provide data to EPA concerning the fines and penalties for violations of This policy applies to EPA availability of capacity. RCRA section 3004(j) involving storage enforcement activities in all States in As EPA explained in the August 1991 of mixed waste for three years from which mixed waste falls within the policy, the Agency recognizes a variety October 1992 to October 1995. The jurisdiction of RCRA. It is not applicable of indicators of environmentally protection from fines and penalties in States where mixed waste is not responsible operation in determining obviated the need for applying this regulated under RCRA, i.e., in States the civil enforcement priority of section policy to executive branch federal with final authorization which lack 3004(j) storage violations at particular facilities. Because the protection from specific EPA approval of mixed waste mixed waste generator facilities. EPA fines and penalties has now expired, regulatory programs. In those States believes that all of the factors described executive branch federal facilities are in where the State, as well as EPA, has in the 1991 policy remain relevant to the same situation as private facilities authority to enforce the LDRs, this mixed waste generators during the that generate and store mixed waste. policy affects only the EPA enforcement period of this extension, except for the Therefore, EPA believes it is appropriate programs. participation in the EPA/NRC profile to apply this policy to executive branch RCRA mixed waste jurisdiction which has been completed. These federal facilities in the same manner applies in States which are factors are described in Section IV of and to the same extent as it applies to unauthorized for the ‘‘base’’ RCRA this document. private facilities. program (i.e., which do not have final EPA will not apply this policy to DOE authorization). As of March 15, 1996, B. Limitations on Scope or to NNPP facilities. For DOE and seven States and Territories have not This policy affects only the civil NNPP facilities, the delay of the waiver received RCRA base authorization. judicial and administrative enforcement of sovereign immunity from fines and These States and Territories are: Alaska, priorities that would arise solely from penalties for RCRA section 3004(j) American Samoa, Hawaii, Iowa, the act of storing LDR mixed wastes in violations continues beyond October Northern Mariana Islands, Puerto Rico, contravention of RCRA section 3004(j). 1995, so long as DOE and NNPP are in and Virgin Islands. This policy applies The policy is also limited in scope to compliance with the requirements of in these States and Territories, where those mixed waste streams for which FFCA section 102(c)(3)(B). Section the EPA Regional Offices administer treatment technology or disposal 102(c)(3)(B) requires DOE and NNPP to both the base RCRA mixed waste capacity is not available. The mixed be in compliance with an approved plan program and the LDRs. wastes covered by this policy must be to develop treatment capacities and RCRA mixed waste jurisdiction mixed wastes when generated: for technologies to treat a facility’s mixed extends as well to authorized States that example, a generator may not waste and an order requiring have been additionally authorized commingle distinct hazardous and compliance with such plan issued in specifically for RCRA mixed waste radioactive waste streams in order to accordance with RCRA section 3021(b). programs. As of March 15, 1996, one come within the scope of this policy. EPA believes that with respect to DOE Territory and 38 States are authorized to EPA intends that this policy apply and NNPP, enforcement of RCRA implement RCRA mixed waste both to the mixed wastes generated section 3004(j) should be based on programs. These States and Territory during the term of the policy, and to RCRA section 3021, and not on the are: Alabama, Arizona, Arkansas, existing inventories of mixed wastes terms of this policy. California, Colorado, Connecticut, already in storage. The policy does not Florida, Georgia, Guam, Idaho, Illinois, cover other violations of RCRA storage C. Effects of Violations Indiana, Kansas, Kentucky, Louisiana, requirements, such as the storage This policy affects only the civil Michigan, Minnesota, Missouri, facility standards of Subparts I through enforcement priority that EPA will Mississippi, Montana, Nebraska, L and DD of 40 CFR Parts 264 generally assign to section 3004(j) Nevada, New Hampshire, New Mexico, (permitted facility standards) or 265 storage violations where the conditions New York, North Carolina, North (interim status facility standards), or of this policy have been met. If, Dakota, Ohio, Oklahoma, Oregon, South their State equivalents. EPA emphasizes however, a facility inspection or other Carolina, South Dakota, Tennessee, that this policy does not affect any information reveals significant RCRA Texas, Utah, Vermont, Washington, requirement under RCRA to obtain a violations—other than of section Wisconsin, and Wyoming. The RCRA storage permit, which is generally 3004(j)—or a pattern of violations which section 3004(j) storage prohibition is an 18592 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices element of the LDRs enacted in the A. Inventory and Compliance assumptions that are critical to the Hazardous and Solid Waste Assessment of Storage Areas accomplishment of the projected Amendments (HSWA) of 1984. HSWA Records should be maintained reductions. requires EPA to implement the LDR identifying each physical location or D. Good Faith Efforts provisions as they apply to mixed waste unit where mixed waste is stored, and until the authorized States receive identifying the method of storage [i.e., This policy is limited in scope to approval from EPA to implement the container or tank, see 40 CFR 264.73(b) those LDR-prohibited mixed wastes for LDR provision in lieu of the Agency. or 265.73(b)]. An inspection of these which no treatment technology or EPA therefore implements the LDRs, storage areas for compliance with disposal capacity is available. As stated and this policy applies, in the States applicable RCRA standards for storage earlier, EPA recognizes that commercial with authorized RCRA mixed waste methods, including an assessment of treatment technology and disposal programs, until the States have also compliance with the storage facility capacity do not exist for some types of been authorized for their LDR programs. standards of 40 CFR Part 264 or Part 265 mixed waste. However, since additional As of March 15, 1996, 30 States and (interim status), Subparts I-J and DD, or treatment technology or disposal one Territory with mixed waste the State counterparts to these standards capacity may become available in the future, facility owner/operators should programs had received final should be performed regularly (see 40 be prepared to demonstrate that good authorization to implement LDRs CFR 264.15 or 265.15). The facility faith efforts have been undertaken to covering solvents and dioxins, and 22 records should contain the results of the ascertain whether treatment technology States and one Territory have also inspections as required by 40 CFR and disposal capacity is available for received final authorization for or have 264.73(b)(5) or 265.73(b)(5). EPA each of their mixed wastes and to utilize adopted EPA’s LDR rules through the encourages facility owner/operators to take action promptly to correct any such treatment technology and disposal Third Third. The 30 States and one capacity. Territory are: Alabama, Arizona, deficiencies, since EPA expects to focus Arkansas, California, Colorado, its enforcement efforts regarding section Dated: April 19, 1996. Connecticut, Florida, Georgia, Guam, 3004(j) violations on those situations Elliott P. Laws, where an inspection or other Kansas, Idaho, Illinois, Michigan, Assistant Administrator, Office of Solid Waste information reveals significant RCRA Minnesota, Missouri, Mississippi, and Emergency Response. violation(s), or a pattern of violations Nevada, New York, North Carolina, New Michael M. Stahl, that indicate a disregard for compliance Mexico, North Dakota, Ohio, Oklahoma, with the RCRA Subtitle C requirements. Acting Assistant Administrator, Office of Oregon, South Carolina, Tennessee, Enforcement and Compliance Assurance. Texas, Utah, Vermont, Wisconsin and B. Identification of Mixed Wastes [FR Doc. 96–10380 Filed 4–25–96; 8:45 am] Wyoming. These States’ approved LDR Facility owner/operators should BILLING CODE 6560±50±P authorities include State law maintain sufficient information to counterparts to the RCRA section identify their mixed wastes. The 3004(j) storage prohibition. As these identification should include the RCRA States and Territories have independent waste codes for the hazardous [FRL±5463±5] authority to enforce the LDRs and components, the source of the Gulf of Mexico Program Issue section 3004(j), EPA’s enforcement hazardous constituents and discussion policy is not binding on them. Committee and Technical Advisory of how the waste was generated (if Committee Co-Chairs Meeting Therefore, facility owners and operators known), the generation rate and should consult with the responsible volumes of mixed wastes in storage, and AGENCY: Environmental Protection officials in these States for clarification any process information relied upon to Agency (EPA). on these States’ policy with respect to identify mixed wastes or make storage of LDR prohibited mixed waste. determinations that wastes are ACTION: Notice of Meeting of the Issue During the term of this policy, prohibited by the LDRs (See 40 CFR Committee and Technical Advisory additional States may receive 264.73 or 265.73). Committee Co-Chairs of the Gulf of Mexico Program. authorization for mixed waste or LDR C. Waste Minimization Plans programs. Facility owners and operators SUMMARY: should track the authorization status of EPA understands that many mixed The Gulf of Mexico Program’s their State programs in order to waste generators and facility owner/ Issue Committee and Technical operators are undertaking active Advisory Committee Co-Chairs will ascertain whether they are covered by measures to avoid the generation of hold a meeting at the Naval Research this policy, or whether other restrictions mixed wastes. Each mixed waste Laboratory Main Conference Room, based on State law might apply to generator and facility owner/operator Stennis Space Center, Mississippi. mixed waste storage. should develop a waste minimization FOR FURTHER INFORMATION CONTACT: plan (See 58 FR 31114, May 28, 1993, IV. Highlights of Extended Enforcement James D. Giattina, Director, Gulf of for guidance), and retain the plan at the Policy Mexico Program Office, Building 1103, facility. The plan should address Room 202, John C. Stennis Space In order to demonstrate that they are process changes that can be made to Center, Stennis Space Center, MS pursuing environmentally responsible reduce or eliminate mixed wastes, 39529–6000, at (601) 688–3726. management of their mixed wastes (and methods to minimize the volume of therefore should be accorded a reduced regulated wastes through better SUPPLEMENTARY INFORMATION: A meeting civil enforcement priority for sec. segregation of materials, and of the Issue Committee and Technical 3004(j) violations), facility owner/ substitution of non-hazardous materials. Advisory Committee Co-Chairs of the operators generating mixed wastes The plan should include a schedule for Gulf of Mexico Program will be held should be undertaking at least the implementation, projections of volume May 15–16, 1996, at the Naval Research following steps. reductions to be achieved, and Laboratory Main Conference Room, Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices 18593

Stennis Space Center, Mississippi. The assays in tissues taken from laboratory Copies of the SOP may be obtained by committee will meet from 10:00 a.m. to rats and dogs. This SOP is limited in contacting: By mail: Public Docket and 4:30 p.m. on May 15 and from 8:30 a.m. scope to the measurement of Freedom of Information Section, Field to 3:00 p.m. on May 16. Agenda items cholinesterase levels in control animals Operations Division (7506C), Office of will include: Program Status (Update), and in animals exposed to a non- Pesticide Programs, Environmental Director’s Perspective (Overview), Co- reversible cholinesterase inhibitor. This Protection Agency, 401 M St., SW., Chairs Perspective, and Program method is essentially the Ellman Washington, DC 20460. In person or for Priorities. The meeting is open to the procedure (1961), with the stipulation courier pick-up: Office location and public. that specific parameters be tightly telephone number: Rm. 1132, CM #2, James D. Giattina, controlled (e.g. pH, wavelength, 1921 Jefferson Davis Highway, Director, Gulf of Mexico Program. substrate concentration, etc.). Arlington, VA, (703) 305–5805 or 305– DATES: Written comments must be 5454. By internet: e-mail requests to: Draft Agenda— IC/TAC Co-Chair Workshop, [email protected]. The SOP May 15–16, 1996 received on or before May 28, 1996.. ADDRESSES: Interested persons are is also electronically available on EPA’s Wednesday, May 15 invited to submit written comments in gopher server (gopher://gopher.epa.gov) • Welcome & Introduction of Participants triplicate to: Public Response and and the world wide web (www) 10:00 am Program Resources Branch, Field (http://www.epa.gov) under the heading • Program Status (Update) ‘‘Rules, Regulations and Legislation’’. • Operations Division (7506C), Director’s Perspective (Overview) Environmental Protection Agency, 401 SUPPLEMENTARY INFORMATION: A public —Director’s Vision record has been established for this —Observed Program Strengths and M St., SW., Washington, DC 20460. In Weaknesses person: Bring comments to: Rm. 1132, notice under docket number ‘‘OPP– —Lessons Learned (Past Ecosystem CM #2, 1921 Jefferson Davis Highway, 00432’’ (FRL–5364–5) (including Management Experiences) Arlington, VA. comments and data submitted —Practical Future Concepts/Challenges/ Comments and data may also be electronically as described below). A Solutions submitted electronically by sending public version of this record, including • Co-Chairs Perspective (Roundtable electronic mail (e-mail) to: opp- printed, paper versions of electronic Discussion) [email protected]. Electronic comments, which does not include any —Observed Program Strengths and comments must be submitted as an informaiton claimed as CBI, is available Weaknesses ASCII file avoiding the use of special for inspection from 8:00 a.m. to 4:30 —Reaction to Future Concepts/Challenges/ Solutions characters and any form of encryption. p.m., Monday through Friday, excluding —Appropriate Future Role of the Comments and data will also be legal holidays. The public record is Committees accepted on disks in WordPerfect in 5.1 located in Rm. 1132, Public Response • Adjourn for the day—4:30 pm file format or ASCII file format. All and Program Resources Branch, Field • Director’s Social—6:00 pm comments and data in electronic form Operations Division (7506C), Office of (A sampling of the Gulf’s sustainable must be identified by the docket number Pesticide Programs, Environmental resources!) ‘‘OPP–00432.’’ Confidential Business Protection Agency, Crystal Mall #2, Thursday, May 16 Information (CBI) should be submitted 1921 Jefferson Davis Highway, • Program Priorities—8:30 am through e-mail. Electronic comments on Arlington, VA. —Review of Goals and Objectives this document may be filed online at Electronic comments can be sent —Establish Consensus on Future many Federal Depository Libraries. directly to EPA at: Committee Roles & Responsibilities Additional information on electronic [email protected] • Workshop Summary (Director submissions can be found under Electronic comments must be Facilitated)—2:00 pm ‘‘SUPPLEMENTARY INFORMATION.’’ submitted as an ASCII file avoiding the —Summarize Workshop Agreements Information submitted as a comment use of special characters and any form —Establish Follow-up Steps/Actions of encryption. • in response to this notice may be Workshop Adjourned—3:00 pm claimed confidential by marking any The official record for this notice, as [FR Doc. 96–10386 Filed 4–25–96; 8:45 am] part or all of that information as CBI. well as the public version, as described BILLING CODE 6560±50±P Information so marked will not be above will be kept in paper form. disclosed except in accordance with Accordingly, EPA will transfer all procedures set forth in 40 CFR part 2. comments received electronically into [OPP±00432; FRL±5364±5] A copy of the comment that does not printed, paper form as they are received and will place the paper copies in the Standard Operating Procedure for contain CBI must be submitted for inclusion in the public docket. official record which will also include Measuring Cholinesterases in all comments submitted directly in Laboratory Rats and Dogs Exposed to Information not marked confidential will be included in the public docket writing. The official record is the paper Non-Reversible Cholinesterase record maintained at the address in Inhibitors without prior notice. FOR FURTHER INFORMATION CONTACT: By ‘‘ADDRESSES’’ at the beginning of this document. AGENCY: Environmental Protection mail: Robert B. Jaeger, Designated Agency (EPA). Federal Official, FIFRA Scientific List of Subjects Advisory Panel (7509C), Office of ACTION: Notice of availability and Environmental protection. request for comments. Pesticide Programs, U.S. Environmental Protection Agency, 401 M Street, SW., Dated: April 18, 1996. SUMMARY: EPA is making available for Washington, DC 20460. Office location Stephanie R. Irene, public comment Standard Operating and telephone number: Rm. 819B, CM Procedures (SOP) for measuring #2, 1921 Jefferson Davis Highway, Acting Director, Health Effects Division, Office of Pesticide Programs. cholinesterases. This SOP specifies the Arlington, VA (703) 305–5369 or 305– details of a clinical methodology for 7351; e-mail: [FR Doc. 96–10384 Filed 4–25–96; 8:45 am] performing cholinesterase enzyme [email protected]. BILLING CODE 6560±50±F 18594 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices

[PF±649; FRL±5359±7] Protection Agency, 401 M St., SW., electronic mail (e-mail) to: OPP- Washington, DC 20460. In person, bring [email protected]. Electronic Various Pesticide and Food/Feed comments to: Rm. 1128, CM #2, 1921 comments must be submitted as an Tolerance Petitions; Amendments and Jefferson Davis Hwy., Arlington, VA ASCII file avoiding the use of special Filings 22202. characters and any form of encryption. Information submitted as a comment AGENCY: Environmental Protection Comments and data will also be concerning this notice may be claimed Agency (EPA). accepted on disks in WordPerfect 5.1 confidential by marking any part or all ACTION: Notice. file format or ASCII file format. All of that information as ‘‘Confidential comments and data in electronic form SUMMARY: This notice announces initial Business Information’’ (CBI). must be identified by the docket number filings and amendments of pesticide Information so marked will not be [PF–649]. No CBI should be submitted petitions (PP), filing of food and feed disclosed except in accordance with through e-mail. Electronic comments on additive petitions (FAP) all proposing procedures set forth in 40 CFR part 2. this document may be filed online at the establishment of regulations for A copy of the comment that does not many Federal Depository Library. residues of certain pesticide chemicals contain CBI must be submitted for Additional information on electronic in or on various agricultural inclusion in the public record. submissions can be found below in this commodities. Information not marked confidential document. may be disclosed publicly by EPA DATES: Comments, identified by the without prior notice. All written FOR FURTHER INFORMATION CONTACT: By docket number [PF–649] must be mail: Registration Division (7505C), received on or before May 28, 1996. comments will be available for public inspection in Rm. 1128 at the address Office of Pesticide Programs, ADDRESSES: By mail, submit written given above, from 8 a.m. to 4:30 p.m., Environmental Protection Agency, 401 comments to: Public Response and Monday through Friday, excluding legal M St., SW., Washington, DC 20460. In Program Resources Branch, Field holidays. person, contact the PM named in each Operations Division (7506C), Office of Comments and data may also be petition at the following office location/ Pesticide Programs, Environmental submitted electronically by sending telephone number:

Product Manager Office location/telephone number Address

Rick Keigwin (PM 10) Rm. 214, CM #2, 703±305±6788, e-mail: [email protected] 1921 Jefferson Davis Hwy., Ar- lington, VA. . Robert Forest (PM 14) Rm. 219, CM #2, 703±305±6600, e-mail: [email protected]. Do. Dennis Edwards (PM Rm. 266A, CM #2, 703±305±6386, e-mail: [email protected]. Do. 19). Teresa Stowe (PM 22) Rm. 229, CM #2, 703±305±7740, e-mail: [email protected]. Do. Joanne I. Miller (PM Rm. 237, CM #2, 703±305±7830, e-mail: [email protected]. Do. 23). Robert J. Taylor (PM Rm. 245, CM #2, 703±305±6027, e-mail: [email protected]. Do. 25).

SUPPLEMENTARY INFORMATION: EPA has and its cholinesterase-inhibiting (methoxymethyl)-3-pyridine carboxylate received pesticide and feed additive metabolites in or on the raw agricultural acid in or on soybeans at 0.1 ppm. The petitions as follows proposing the commodity beans, succulent at 0.1 ppm proposed analytical method for establishment and/or amendment of and beans, dried at 0.1 ppm. The determining residues is HPLC. (PM 25) regulations for residues of certain proposed analytical method for 5. PP 6F4676. ISK Bioscience pesticide chemicals in or on various determining residues is chromatograph Corporation, 5966 Heisley Road, P.O. agricultural commodities. equipped wtih a flame photometric Box 8000, Mentor, OH 44061–8000 detector. (PM 14) Initial Filings proposes to amend 40 CFR 180.275 by 3. PP 6E4679. Rohm and Haas 1 PP 5F4490. E.I. du Pont de Nemours establishing a tolerance for the residues & Co., P.O. Box 80038, Wilmington, DE Company, 100 Independence Mall West, of the fungicide Chlorothalonil 19880-0038, proposes to amend 40 CFR Phildelphia, PA 19106–2399, proposes (tetrachloroisophthalonitrile) and its 180.445 to increase the tolerance for to amend 40 CFR 180.842 by metabolite, 4-hydroxy-2,5,6- residues of the herbicide methyl establishing a tolerance for the residues trichloroisophthalonitrile in or on the 2[[[[[(4,6-dimethoxy-pyrimidin-2- of the insecticide Benzoic acid (3,5- raw agricultural commodity non-bell yl)amino] carbonyl]amino]sulfonyl] dimethyl-,1-(1-(1,1-dimethylethyl)-2-(4- peppers at 5.0 ppm. (PM 22) ethylbenzoyl) hydrazide in or on the methyl]benzoate to 0.5 ppm in or on the 6. PP 6F4680. Drexel Chemical Co, raw agricultural commodity rice straw. raw agricultural commodity wine grapes at 0.5 ppm. The proposed analytical P.O. Box 13327 Memphis, TN 38113– The petition was subsequently amended 0327, proposes amending 40 CFR to revise the tolerance level to 0.3 ppm. method for determining residues is 180.106 by establishing a tolerance for (PM 23) HPLC separation with UV detection. 2. PP 5F4547. American Cyanamid (PM 10) residues of the herbicide diuron (3- Co., Agricultural Research Center, P.O. 4. PP 6F4649. American Cyanamid (3,4dichlorophenyl)-1,1-dimethylurea) Box 400, Princeton, NJ 08543–0400, Co., P.O. Box 400, Princeton, NJ 08543– in or on the raw aqricultural commodity proposes to amend 40 CFR 180.206 by 0400, proposes to amend 40 CFR part catfish at 1 part per million. The revising the established tolerance for the 180 by establishing a tolerance for the analytical method is liquid residues of the insecticide phorate (O,O- residues of the herbicide AC 299,263,( chromotography (HPLC). (PM-25) diethyl ±)-2-[4,5-dihydro-4-methyl-4-(1- 7. FAP 6F4682. Gustafson, S[(ethylthio)methyl]phosphorodithiote methylethyl)-5-oxo-1H-imidazol-2-yl]-5- Incorporated, P.O. Box 669965, Dallas, Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices 18595

Texas 75266–0065, proposes to amend Agricultural commodities, Animal reasonable times to the Property and to 40 CFR 180.472 by establishing a feeds. and Pesticide and pests. any other property to which access is regulation to permit the residues of the Dated: April 11, 1996. required for the implementation of insecticide/miticide imidacloprid response actions at the Site, for the (1,[chloro-3-pridinyl)methyl-N-nitro-2- Stephne L. Johnson, purposes of performing and overseeing imidazolidinimine on the raw response actions at the Site under Director, Registration Division, Office of agricultural commodities field corn, Pesticide Programs. Federal law; and (3) U.S. EPA affords forage at 0.10 ppm, field corn, fodder at the Settling Respondent a covenant not [FR Doc. 96–10252 Filed 4–25–96; 8:45 am] 0.20 ppm and field corn, grain at 0.05 to sue or take any other civil or ppm. BILLING CODE 6560±50±F administrative action against Settling 8. PP 6H5743. Agrevo Environmental Respondent for any and all civil liability Health, 95 Chestnut Ridge Rd., [5435±4] for injunctive relief or reimbursement of Montvale, NJ 07645 proposes to amend response costs pursuant to Section 106 40 CFR parts 185 and 186 by Proposed Prospective Purchaser or 107(a) of CERCLA, 42 U.S.C. 9606 or establishing tolerances at 3 ppm for Agreement for the Former Vygen 9607(a) with respect to the Existing residues of the insecticide d-trans- Corporation and Olin Corporation Contamination. The Site is on the chrysanthemum monocarboxylic acid Facilities at the Fields Brook National Priorities List (NPL) and ester of dl-2-allyl-4-hydroxy-3-methyl-2- Superfund Site; 42 U.S.C. 9622(h) further response activities at the Site are cyclopenten-1-one in or on all food AGENCY: U.S. Environmental Protection contemplated, but these activities are items in food handling establishments Agency (‘‘U.S. EPA’’). not anticipated to involve the Vygen and all feed handling establishments and Olin facilities. ACTION: Proposal of Prospective when applied in accordance with Purchaser Agreement for the former DATES: Comments on the proposed AOC conditions prescribed in the pesticide Vygen Corporation and Olin must be received by U.S. EPA on or petition. (PM 10) Corporation facilities at the Fields Brook before May 28, 1996. A record has been established for this Superfund Site. ADDRESSES: A copy of the proposed rulemaking under docket number [PF– AOC is available for review at U.S. EPA, 649] (including comments and data SUMMARY: U.S. EPA proposes to address Region 5, 77 West Jackson Boulevard, submitted electronically as described the prospective purchase by Vision Chicago, Illinois 60604. Please contact below). A public version of this record, Properties, Inc. (‘‘the Settling Michael Berman at (312) 886–6837, including printed, paper versions of Respondent’’) of the Vygen property prior to visiting the Region 5 office. electronic comments, which does not (‘‘the Property’’), which contains the Comments on the proposed AOC include any information claimed as CBI, former Vygen Corporation and Olin should be addressed to Michael Berman, is available for inspection from 8 a.m. to Corporation facilities at the Fields Brook Office of Regional Counsel, U.S. EPA, 4:30 p.m., Monday through Friday, Superfund site (‘‘the Site’’) in Ashtabula Region 5, 77 West Jackson Boulevard excluding legal holidays. The public County, Ohio. The Site consists of (Mail Code CS–29A), Chicago, Illinois record is located in Room 1132 of the Fields Brook and its watershed and 60604. Public Response and Program Resources contains a number of industrial facilities FOR FURTHER INFORMATION CONTACT: Branch, Field Operations Division including the former Vygen and Olin Michael Berman at (312) 886–6837, of (7506C), Office of Pesticide Programs, facilities. U.S. EPA intends to enter into the U.S. EPA Region 5 Office of Environmental Protection Agency, a Prospective Purchaser Agreement Regional Counsel. Crystal Mall #2, 1921 Jefferson Davis (‘‘Agreement’’) with the Settling A 30-day period, commencing on the Highway, Arlington, VA. Respondent in order to address the date of publication of this notice, is Electronic comments can be sent potential liability of the Settling open pursuant to Section 122(i) of directly to EPA at: Respondent. The key terms and CERCLA, 42 U.S.C. 9622(i), for [email protected] conditions of the Agreement may be comments on the proposed AOC. briefly summarized as follows: (1) The Comments should be sent to the Electronic comments must be Settling Respondent agrees to, in regard addressee identified in this notice. submitted as an ASCII file avoiding the to the Property, (a) collect and remove Valdas V. Adamkus, use of special characters and any form all existing sediment from within the Regional Administrator, U.S. Environmental of encryption. existing storm sewers and the concrete Protection Agency, Region 5. The official record for this pond and bring such sediment to an [FR Doc. 96–10387 Filed 4–25–96; 8:45 am] rulemaking, as well as the public acceptable off-site landfill, and upgrade BILLING CODE 6560±50±M version, as described above will be kept the storm sewers on the Property to in paper form. Accordingly, EPA will prevent Property contamination from transfer all comments received having an easy route for release to FEDERAL COMMUNICATIONS electronically into printed, paper form Fields Brook; and/or (b) collect and COMMISSION as they are received and will place the remove all existing sediment from the paper copies in the official rulemaking concrete pond, plug all existing storm Notice of Public Information record which will also include all sewers and storm drainage outflow Collections being Reviewed by the comments submitted directly in writing. pipes and if Settling Respondent also Federal Communications Commission; The official rulemaking record is the plans to replace the existing storm Comments Requested paper record maintained at the Virginia sewer system with a stormwater address in ‘‘ADDRESSES’’ at the drainage system, it shall avoid areas of April 18, 1996. beginning of this document. the Property which have been SUMMARY: The Federal Communications, contaminated from previous site as part of its continuing effort to reduce List of Subjects activities; (2) the Settling Respondent paperwork burden invites the general Environmental protection, agrees to grant to EPA and Ohio an public and other Federal agencies to Administrative practice and procedure, irrevocable right of access at all take this opportunity to comment on the 18596 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices following proposed and/or continuing 500 applications (50% in house) x 5 Federal agencies to take this information collections, as required by hours = 2,500 hours. Burden for owners opportunity to comment on the the Paperwork Reduction Act of 1995, = 500 + 2,500 = 3,000 hours. following proposed and/or continuing Public Law 104–13. An agency may not Burden to LFAs is estimated to be an information collections, as required by conduct or sponsor a collection of average of 4 hours to review each the Paperwork Reduction Act of 1995, information unless it displays a application. This burden was previously Public Law 104–13. An agency may not currently valid control number. No treated as a third party requirement and conduct or sponsor a collection of person shall be subject to any penalty was not reported by the Commission. information unless it displays a for failing to comply with a collection We now include this burden in this currently valid control number. No of information subject to the Paperwork collection’s inventory. 1,000 person shall be subject to any penalty Reduction Act (PRA) that does not applications x 4 hours = 4,000 hours. for failing to comply with a collection display a valid control number. Total Annual Burden: Total burden of information subject to the Paperwork Comments are requested concerning (a) for all respondents: 3,000 + 4,000 = Reduction Act (PRA) that does not whether the proposed collection of 7,000 hours. display a valid control number. information is necessary for the proper Cost to respondents: $377,000. Comments are requested concerning (a) performance of the functions of the Printing and postage costs are estimated whether the proposed collection of Commission, including whether the at $2 per application x 1,000 = $2,000. information is necessary for the proper information shall have practical utility; Assistance by outside legal counsel will performance of the functions of the (b) the accuracy of the Commissions be paid at an average of $150/hour for Commission, including whether the burden estimates; (c) ways to enhance 50% of the Form 394 applications. information shall have practical utility; the quality, utility, and clarity of the $150/hour x 500 applications x 5 hours (b) the accuracy of the Commissions information collected and (d) ways to per application = $375,000. Total burden estimates; (c) ways to enhance minimize the burden of the collection of annual cost burden to respondents = the quality, utility, and clarity of the information on the respondents, $2,000 + $375,000 = $377,000. information collected and (d) ways to including the use of automated Needs and Uses: On 3/15/96, the minimize the burden of the collection of collection techniques or other forms of Commission adopted an Order in CS information on the respondents, information technology. Docket No. 96–56, Implementation of including the use of automated DATES: Written comments should be Sections 202(f), 202(i) and 301(i) of the collection techniques or other forms of submitted on or before June 25, 1996. If Telecommunications Act of 1996. information technology. The FCC is you anticipate that you will be Among other things, this order reviewing the following information submitting comments, but find it eliminates the three-year holding collection requirements for possible 3- difficult to do so within the period of requirement of cable systems and year extension under delegated time allowed by this notice, you should reduces ownership restrictions for cable authority 5 CFR 1320, authority advise the contact listed below as soon systems. Though there are no revisions delegated to the Commission by the as possible. necessary to FCC Form 394 to reflect the Office of Management and Budget Commission’s new rules, its use as an ADDRESS: Direct all comments to (OMB). information collection requirement has Dorothy Conway, Federal DATES: Written comments should be Communications, Room 234, 1919 M been modified because potential respondents now may include submitted on or before June 25, 1996. If St., NW., Washington, DC 20554 or via you anticipate that you will be internet to [email protected]. broadcasters and multichannel multipoint distribution service submitting comments, but find it FOR FURTHER INFORMATION CONTACT: For providers other than cable operators. difficult to do so within the period of additional information or copies of the The FCC Form 394 is used to apply for time allowed by this notice, you should information collections contact Dorothy LFA approval to assign or transfer advise the contact listed below as soon Conway at 202–418–0217 or via internet control of a cable television system. The as possible. at [email protected]. data are used by the LFAs to restrict ADDRESS: Direct all comments to SUPPLEMENTARY INFORMATION: profiteering transactions and other Dorothy Conway, Federal OMB Approval Number: 3060–0573. transfers that are likely to adversely Communications, Room 234, 1919 M Form No.: FCC Form 394 Application affect cable rates or service in the St., NW., Washington, DC 20554 or via for Franchise Autohority (‘‘LFA’’) franchise area. internet to [email protected]. Consent to Assignment or Transfer of Federal Communications Commission. FOR FURTHER INFORMATION CONTACT: For Control of Cable Television Franchise. additional information or copies of the Type of Review: Revision of existing William F. Caton, information collections contact Dorothy collection. Acting Secretary. Conway at 202–418–0217 or via internet Respondents: Business or other for- [FR Doc. 96–10297 Filed 4–25–96; 8:45 am] at [email protected]. profit. BILLING CODE 6712±01±F Number of Respondents: 2,000 (1,000 SUPPLEMENTARY INFORMATION: system owners + 1,000 LFAs). OMB Approval Number: 3060–0546. Estimated Time Per Response: 1–5 Notice of Public Information Title: 76.59 Modification of Television hours. Burden to cable system owners is Collections Being Reviewed by FCC Market. estimated to be an average of 5 hours For Extension Under Delegated Type of Review: Extension of approval per application. We estimate that 50% Authority 5 CFR 1320 Authority, of existing collection. owners will contract out the burden of Comments Requested Respondents: Businesses or other for- filing and that it will take 1 hour to profit entities. coordinate information with those April 17, 1996. Number of Respondents: 150. contractors. The remaining 50% will SUMMARY: The Federal Communications Estimated Time Per Response: 1–20 employ in house staff to complete the Commission, as part of its continuing hours. application. 500 applications (50% effort to reduce paperwork burden Total Annual Burden: 1,575 hours. contracted out) x 1 hour = 500 hours. invites the general public and other The Commission estimates the average Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices 18597 burden to file a request for modification currently valid control number. No 1,369 hours. 4,106 filings (75% in of a television market is 20 hours per person shall be subject to any penalty house) x 15 hours = 61,590 hours. request. We estimate that 75 (50% of for failing to comply with a collection Additionally, 76.933(g)(2) states: If an entities) will use in-house legal staff to of information subject to the Paperwork LFA has taken no action within the 90- file requests; while 75 (50% of entities) Reduction Act (PRA) that does not day review period, then the proposed will contract out the use of legal display a valid control number. rates may go into effect at the end of the assistance at an average burden of 1 Comments are requested concerning (a) review period, subject to a prospective hour per filing to coordinate whether the proposed collection of rate reduction and refund if the LFA information with contracted out legal information is necessary for the proper subsequently issues a written decision assistance. The burden for this performance of the functions of the disapproving any portion of such rates. collection is therefore: (75 x 20 hours) Commission, including whether the However, if an operator inquires as to + (75 x 1 hour) = 1,575 hours. information shall have practical utility; whether the LFA intends to issue a rate Total Costs to Respondents: $226,500. (b) the accuracy of the Commissions order after the initial review period, the Respondents that use contracted out burden estimates; (c) ways to enhance LFA or its designee must notify the legal assistance will pay $150 per hour the quality, utility, and clarity of the operator of its intent in this regard for this assistance. 75 x 20 hours @ $150 information collected and (d) ways to within 15 days of the operator’s inquiry. = $225,000. Also, all respondents will minimize the burden of the collection of We estimate this will occur in 25% of incur postage and stationery costs of $10 information on the respondents, the instances when Form 1240s are filed per filing. 150 filings x $10 = $1,500. including the use of automated by cable operators with their LFAs. 25% Needs and Uses: On 3/11/93, the collection techniques or other forms of of 3,000 = 750 inquiries at an estimated Commission adopted a Report and information technology. 1 burden for each inquiry = 750 hours. Total burden hours to operators = 1,369 Order in MM Docket Nos. 92–259, 90– DATES: Written comments should be + 61,590 + 750 = 63,709 hours. 4 and 92–295, Implementation of the submitted on or before May 28, 1996. If Burden to LFAs: The Commission Cable Television Consumer Protection you anticipate that you will be estimates there will be 3,000 FCC Form and Competition Act of 1992, Broadcast submitting comments, but find it 1240s filed with LFAs, annually. Signal Carriage Issues. Among other difficult to do so within the period of Average LFA reviewing time for each things, this Report and Order, pursuant time allowed by this notice, you should FCC Form 1240 is estimated to be 8 to Section 614(h)(1)(C) of the Cable Act advise the contact listed below as soon hours. 3,000 x 8 hours = 24,000 burden of 1992, created procedures to enable as possible. the Commission to add communities to hours. ADDRESS: Direct all comments to or subtract communities from a station’s Additionally, we estimate 750 Dorothy Conway, Federal responses to operator requests pursuant television market to better reflect Communications, Room 234, 1919 M marketplace conditions following a to 76.933(g)(2). 750 notifications at an St., NW., Washington, DC 20554 or via estimated 1 burden hour for each written request. Section 76.59 requires a internet to [email protected] and television station or cable operator to notification = 750 hours. Total burden Timothy Fain, OMB Desk Officer, 10236 hours to LFAs = (3,000 x 8 hrs.) + (750 file a written request to modify a NEOB 725 17th Street, NW., television station’s must-carry market. x 1 hr.) = 24,750 hrs. Washington, DC 20503 or Total burden hours for all Television stations and cable operators [email protected]. are to follow the process specified in respondents = 63,799 + 24,750 = 88,549 FOR FURTHER INFORMATION CONTACT: Section 76.7 Petitions for Special Relief. For hours. Costs for Respondents: $2,084,450. The information derived from this additional information or copies of the We estimate an annual purchase of collection has been used by the information collections contact Dorothy 4,000 diskette versions of FCC Form Commission to determine whether a Conway at 202–418–0217 or via internet 1240 @ $5 per diskette = $20,000. television station’s must-carry market at [email protected]. Printing, photocopying and postage should be modified. SUPPLEMENTARY INFORMATION: OMB Approval Number: 3060–0685. costs incurred by respondents is Federal Communications Commission. Title: Annual Updating of Maximum estimated to be $2 per form (5,475 William F. Caton, Permitted Rates for Regulated Cable filings x $2) = $10,950. We estimate Acting Secretary. Services. Form 1240 assistance will be performed [FR Doc. 96–10299 Filed 4–25–96; 8:45 am] Form No.: FCC Form 1240. by legal and accounting contractors at BILLING CODE 6712±01±F Type of Review: Revision of a an average of $100/hour for 25% of the currently approved collection. filings. $100/hour x 1,369 filings (25% Respondents: Business or other for- of Form 1240 filings) x 15 hours = Notice of Public Information profit; State, Local or Tribal $2,053,500 Collections Submitted to OMB for Governments. Total respondent costs: $20,000 + Review and Approval Number of Respondents: 8,475. (5,475 $10,950 + 2,053,500 = $2,084,450. cable operators and 3,000 local Needs and Uses: Cable operators April 18, 1996. franchise authorities (‘‘LFAs’’). submit FCC Form 1240 to their SUMMARY: The Federal Communications, Estimated Time Per Response: 1–15 respective LFAs upon certification to as part of its continuing effort to reduce hours. regulate basic service tier rates and paperwork burden invites the general Total Annual Burden: 88,459 hours. associated equipment; or with the public and other Federal agencies to Burden for operators: We estimate that Commission (in situations where the take this opportunity to comment on the 25% of operators will contract out the Commission has assumed jurisdiction). following proposed and/or continuing burden of filing and that it will take 1 The Form 1240 is also filed with the information collections, as required by hour to coordinate information with Commission pursuant to the cable the Paperwork Reduction Act of 1995, those contractors. The remaining 75% of programming service tier rate complaint Public Law 104–13. An agency may not operators are estimated to employ in process. The data will be used by the conduct or sponsor a collection of house staff to complete the filing. 1,369 Commission and LFAs to adjudicate information unless it displays a filings (25% contracted out) x 1 hour = permitted rates for regulated cable 18598 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices services and equipment, for the addition maps, may be obtained from or are Form of Notice of new programming tiers and to available for inspection by contacting Written notices of serious interest account for the addition and deletion of the following person: Mr. R. Allen must be submitted in the following channels and the allowance for pass Smith, Federal Deposit Insurance form: through of external costs and costs due Corporation, Southeast Service Center, to inflation. 100 Colony Square, Suite 2300, Box 68, Notice of Serious Interest OMB Approval No.: 3060-0233. Atlanta, Georgia 30361, (404) 881–5167; RE: Hanover Run/Myrtle Point Title: Part 36, Jurisdictional Fax (404) 881–5190. Federal Register Publication Date: April Separations Procedures. SUPPLEMENTARY INFORMATION: 26, 1996 Form No.: N/A. The Hanover Run/Myrtle Point property 1. Entity name. Type of Review: Extension of an is located on Patuxent Boulevard north 2. Declaration of eligibility to submit existing collection. of Maryland Route 4 and south of Mill Notice under criteria set forth in the Respondents: Businesses or other for- Creek and the Patuxent River, St. Mary’s Coastal Barrier Improvement Act of profit. County, Maryland. The site consists of 1990, Public Law 101–591, section Number of Respondents: 3,090. approximately 500 acres of undeveloped 10(b)(2), (12 U.S.C. 1441a–3(b)(2)), Estimated Time Per Response: 20 land that is almost completely forested. including, for qualified organizations, a hours. determination letter from the United Total Annual Burden: 61,800. This property contains wetlands, salt States Internal Revenue Service Costs to Respondents: There are no ponds, archaeological resources of early regarding the organization’s status costs in addition to preparing the native American culture, and two 17th under section 170(h)(3) of the U.S. information requested incurred by century plantations near the colonial Internal Revenue Code (26 U.S.C. respondents. port of Harveytown. The northern and 170(h)(3)). Needs and Uses: Telephone eastern portions of the site which border 3. Brief description of proposed terms companies are required to submit data the Patuxent River, Sam Abel Cove, Mill of purchase or other offer for all or any annually to the National Exchange Creek, and Little Kingston Creek are portion of the property (e.g., price, Carrier Association for the filing of situated within undeveloped method of financing, expected closing access tariffs. State or local telephone floodplains. The Hanover Run/Myrtle date, etc.). companies who want to participate in Point property is adjacent to Clark’s 4. Declaration of entity that it intends the federal assistance program must Landing which is managed by the to use the property for wildlife refuge, make certain informational showings to Department of Recreation and Parks of santuary, open space, recreational, demonstrate eligibility. St. Mary’s County for recreational purposes. A portion of this property is historical, cultural, or natural resource Federal Communications Commission. covered by an option to purchase in conservation purposes (12 U.S.C. William F. Caton, favor of a third party as set forth in that 1441a–3(b)(4)), as provided in a clear Acting. Secretary. certain Contract for Sale between Route written description of the purpose(s) to [FR Doc. 96–10298 Filed 4–25–96; 8:45 am] 347 Realty Corporation and Kingston which the property will be put and the BILLING CODE 6712±01±F Creek Development Corporation dated location and acreage of the area covered December 30, 1986, and as further by each purpose(s) including a described in that certain Opinion and delcaration of entity that it will accept FEDERAL DEPOSIT INSURANCE Order of Court dated January 31, 1992, the placement, by the FDIC, of an CORPORATION in a cause entitled ‘‘Route 347 Realty easement or deed restriction on the Corporation vs. Myrtle Point Limited property consistent with its intended Coastal Barrier Improvement Act; Partnership’’ (Case No. CA 90–40), conservation use(s) as stated in its Property Availability: Hanover Run/ recorded among the Land Records of St. notice of serious interest. Myrtle Point, St. Mary's County, MD Mary’s County in Liber 870, folio 136. 5. Authorized Representative (Name/ This property is covered property Address/Telephone/Fax). AGENCY: Federal Deposit Insurance within the meaning of Section 10 of the Corporation (FDIC). List of Subjects Coastal Barrier Improvement Act of ACTION: Notice. 1990, P.L. 101–591 (12 U.S.C. 1441a-3). Environmental protection. SUMMARY: Notice is hereby given that Written notice of serious interest in Dated: April 18, 1996. the property known as Hanover Run/ the purchase or other transfer of all or Federal Deposit Insurance Corporation. Myrtle Point, located in California, St. any portion of this property must be Jerry L. Langley, Mary’s County, Maryland, is affected by received on or before July 25, 1996 by Executive Secretary. Section 10 of the Coastal Barrier the Federal Deposit Insurance [FR Doc. 96–10333 Filed 4–25–96; 8:45 am] Improvement Act of 1990 as specified Corporation at the appropriate address BILLING CODE 6714±01±M below. This Notice supersedes the stated above. previous Notice affecting this property Eligible Entities which was published in the Federal Notice of Agency Meeting; Sunshine Register on December 27, 1995 (60 FR Those entities eligible to submit Act Meeting written notices of serious interest are: 67000) by the Resolution Trust Pursuant to the provisions of the Corporation. 1. Agencies or entities of the Federal ‘‘Government in the Sunshine Act’’ (5 DATES: Written notice of serious interest government; U.S.C. 552b), notice is hereby given that to purchase or effect other transfer of all 2. Agencies or entities of State or local at 10:00 a.m. on Tuesday, April 23, or any portion of this property may be government; and, 1996, the Board of Directors of the mailed or faxed to the FDIC until July 3. ‘‘Qualified organizations’’ pursuant to Federal Deposit Insurance Corporation 25, 1996. section 170(h)(3) of the Internal met in closed session to consider (1) ADDRESSES: Copies of detailed Revenue Code of 1986 (26 U.S.C. matters relating to the Corporation’s descriptions of this property, including 170(h)(3)). corporate and supervisory activities, Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices 18599 and (2) an administrative enforcement I have determined that the damage in Emergency Management Agency, proceeding. certain areas of the State of Alabama Washington, DC 20472, (202) 646–3606. resulting from severe storms, flooding, and In calling the meeting, the Board SUPPLEMENTARY INFORMATION: tornadoes on March 5–6, 1996, is of sufficient Notice is determined, on motion of Vice hereby given that, in a letter dated Chairman Andrew C. Hove, Jr., severity and magnitude to warrant a major disaster declaration under the Robert T. March 13, 1996, the President declared seconded by Director Joseph H. Neely Stafford Disaster Relief and Emergency a major disaster under the authority of (Appointive), concurred in by Director Assistance Act (‘‘the Stafford Act’’). I, the Robert T. Stafford Disaster Relief Jonathan L. Fiechter (Acting Director, therefore, declare that such a major disaster and Emergency Assistance Act (42 Office of Thrift Supervision), Ms. Susan exists in the State of Alabama. U.S.C. 5121 et seq.), as follows: F. Krause, acting in the place and stead In order to provide Federal assistance, you of Director Eugene A. Ludwig are hereby authorized to allocate from funds I have determined that the damage in (Comptroller of the Currency), and available for these purposes, such amounts as certain areas of the State of Maine, resulting from severe storms, ice jams, and flooding on Chairman Ricki Helfer, that Corporation you find necessary for Federal disaster assistance and administrative expenses. January 19, 1996, through February 6, 1996, business required its consideration of is of sufficient severity and magnitude to the matters on less than seven days’ You are authorized to provide Individual Assistance in the designated areas. Public warrant a major disaster declaration under notice to the public; that no earlier Assistance, and Hazard Mitigation may be the Robert T. Stafford Disaster Relief and notice of the meeting was practicable; added at a later date, if warranted. Consistent Emergency Assistance Act (‘‘the Stafford that the public interest did not require with the requirement that Federal assistance Act’’). I, therefore, declare that such a major consideration of the matters in a be supplemental, any Federal funds provided disaster exists in the State of Maine. meeting open to public observation; and under the Stafford Act for Public Assistance In order to provide Federal assistance, you that the matters could be considered in or Hazard Mitigation will be limited to 75 are hereby authorized to allocate from funds a closed meeting by authority of percent of the total eligible costs. available for these purposes, such amounts as you find necessary for Federal disaster subsections (c)(2), (c)(4), (c)(6), (c)(8), The time period prescribed for the assistance and administrative expenses. (c)(9)(A)(ii), (c)(9)(B), and (c)(10) of the implementation of section 310(a), You are authorized to provide Public ‘‘Government in the Sunshine Act’’ (5 Priority to Certain Applications for Assistance and Hazard Mitigation in the U.S.C. 552b(c)(2), (c)(4), (c)(6), (c)(8), Public Facility and Public Housing designated areas. Consistent with the (c)(9)(A)(ii), (c)(9)(B), and (c)(10)). Assistance, 42 U.S.C. 5153, shall be for requirement that Federal assistance be The meeting was held in the Board a period not to exceed six months after supplemental, any Federal funds provided Room of the FDIC Building located at the date of this declaration. under the Stafford Act for Public Assistance 550—17th Street, N.W., Washington, Notice is hereby given that pursuant or Hazard Mitigation will be limited to 75 percent of the total eligible costs. D.C. to the authority vested in the Director of Dated: April 24, 1996. the Federal Emergency Management The time period prescribed for the Federal Deposit Insurance Corporation Agency under Executive Order 12148, I implementation of section 310(a), Valerie J. Best, hereby appoint Glenn C. Woodard of the Priority to Certain Applications for Assistant Executive Secretary. Federal Emergency Management Agency Public Facility and Public Housing Assistance, 42 U.S.C. 5153, shall be for [FR Doc. 96–10570 Filed 4–24–96; 3:24 pm] to act as the Federal Coordinating Officer for this declared disaster. a period not to exceed six months after BILLING CODE 6714±01±M I do hereby determine the following the date of this declaration. areas of the State of Alabama to have Notice is hereby given that pursuant been affected adversely by this declared to the authority vested in the Director of FEDERAL EMERGENCY major disaster: the Federal Emergency Management MANAGEMENT AGENCY Dallas, Macon, and Montgomery Counties for Agency under Executive Order 12148, I [FEMA±1108±DR] Individual Assistance. hereby appoint Kevin Merli of the Federal Emergency Management Agency Alabama; Major Disaster and Related (Catalog of Federal Domestic Assistance No. 83.516, Disaster Assistance) to act as the Federal Coordinating Determinations James L. Witt, Officer for this declared disaster. I do hereby determine the following AGENCY: Federal Emergency Director. Management Agency (FEMA). areas of the State of Maine to have been [FR Doc. 96–10372 Filed 4–25–96; 8:45 am] affected adversely by this declared ACTION: Notice. BILLING CODE 6718±02±P major disaster: SUMMARY: This is a notice of the Piscataquis, Somerset, and Waldo Counties Presidential declaration of a major [FEMA±1106±DR] for Public Assistance and Hazard disaster for the State of Alabama Mitigation (FEMA–1108–DR), dated March 20, Maine; Major Disaster and Related (Catalog of Federal Domestic Assistance No. 1996, and related determinations. Determinations 83.516, Disaster Assistance) EFFECTIVE DATE: March 20, 1996. AGENCY: Federal Emergency James L. Witt, FOR FURTHER INFORMATION CONTACT: Management Agency (FEMA). Director. Pauline C. Campbell, Response and ACTION: Notice. [FR Doc. 96–10373 Filed 4–25–96; 8:45 am] Recovery Directorate, Federal BILLING CODE 6718±02±P Emergency Management Agency, SUMMARY: This is a notice of the Washington, DC 20472, (202) 646–3606. Presidential declaration of a major SUPPLEMENTARY INFORMATION: Notice is disaster for the State of Maine (FEMA– hereby given that, in a letter dated 1106–DR), dated March 13, 1996, and FEDERAL HOUSING FINANCE BOARD related determinations. March 20, 1996, the President declared Announcing An Open Meeting of the EFFECTIVE DATE: March 13, 1996. a major disaster under the authority of Board the Robert T. Stafford Disaster Relief FOR FURTHER INFORMATION CONTACT: and Emergency Assistance Act (42 Pauline C. Campbell, Response and TIME AND DATE: 10:00 a.m., Tuesday, U.S.C. 5121 et seq.), as follows: Recovery Directorate, Federal April 30, 1996. 18600 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices

PLACE: Board Room, Second Floor, (12 U.S.C. 1843). Any request for Dated: April 24, 1996. Federal Housing Finance Board, 1777 F a hearing must be accompanied by a Jennifer J. Johnson, Street, N.W., Washington, D.C. 20006. statement of the reasons a written Deputy Secretary of the Board. STATUS: The entire meeting will be open presentation would not suffice in lieu of [FR Doc. 96–10478 Filed 4–24–96; 9:48 am] to the public. a hearing, identifying specifically any BILLING CODE 6210±01±P MATTERS TO BE CONSIDERED DURING questions of fact that are in dispute, PORTIONS OPEN TO THE PUBLIC: summarizing the evidence that would • Federal Home Loan Bank of Dallas be presented at a hearing, and indicating FEDERAL TRADE COMMISSION Proposal to Certify the Texas how the party commenting would be Department of Housing and aggrieved by approval of the proposal. Extension of Time; Comprehensive Community Affairs as a Nonmember Unless otherwise noted, nonbanking Review of ``Made in USA'' Claims Mortgagee. activities will be conducted throughout • Discussion of Federal Home Loan the United States. AGENCY: Federal Trade Commission. Bank System Legislation. Unless otherwise noted, comments ACTION: Extension of time for filing CONTACT PERSON FOR MORE INFORMATION: regarding each of these applications public comments. Elaine L. Baker, Secretary to the Board, must be received at the Reserve Bank SUMMARY: The Federal Trade (202) 408–2837. indicated or the offices of the Board of Governors not later than May 20, 1996. Commission (‘‘Commission’’ or ‘‘FTC’’) Rita I. Fair, is conducting a comprehensive review A. Federal Reserve Bank of Cleveland Managing Director. of ‘‘Made in USA’’ claims in product (John J. Wixted, Jr., Vice President) 1455 [FR Doc. 96–10479 Filed 4–24–96; 10:36 am] advertising and labeling. As part of its East Sixth Street, Cleveland, Ohio BILLING CODE 6725±01±P review, the Commission invited 44101: representatives of consumers, industry, 1. Security Banc Corporation, government agencies, and other groups FEDERAL RESERVE SYSTEM Springfield, Ohio; to acquire 100 to attend a public workshop to exchange percent of the voting shares of CitNat views. On December 19, 1995, the Formations of, Acquisitions by, and Bancorp, Inc., Urbana, Ohio, and Commission announced that the public Mergers of Bank Holding Companies thereby indirectly acquire Citizens workshop would be held on March 26 National Bank of Urbana, Urbana, Ohio. The companies listed in this notice and 27, 1996, and invited interested Board of Governors of the Federal Reserve parties to file requests to participate in have applied to the Board for approval, System, April 22, 1996. pursuant to the Bank Holding Company the workshop. The Commission stated Jennifer J. Johnson, Act of 1956 (12 U.S.C. 1841 et seq.) that it would hold the record of the (BHC Act), Regulation Y (12 CFR part Deputy Secretary of the Board. proceeding open until April 30, 1996, to 225), and all other applicable statutes [FR Doc. 96–10301 Filed 4–25–96; 8:45 am] allow participants and other interested and regulations to become a bank BILLING CODE 6210±01±F parties to submit clarifying or rebuttal holding company and/or to acquire the information. The Commission assets or the ownership of, control of, or conducted the public workshop on the power to vote shares of a bank or Sunshine Act Meeting March 26 and 27, 1996. In response to requests by participants during the bank holding company and all of the AGENCY HOLDING THE MEETING: Board of banks and nonbanking companies workshop, the Commission extends the Governors of the Federal Reserve period for submitting clarifying or owned by the bank holding company, System. including the companies listed below. rebuttal information. The applications listed below, as well TIME AND DATE: 10:00 a.m., Wednesday, DATES: Written comments will be as other related filings required by the May 1, 1996. accepted until June 30, 1996. Board, are available for immediate PLACE: Marriner S. Eccles Federal ADDRESSES: Six paper copies of each inspection at the Federal Reserve Bank Reserve Board Building, C Street written comment should be submitted indicated. Once the application has entrance between 20th and 2lst Streets, to the Office of the Secretary, Federal been accepted for processing, it will also NW., Washington, DC 20551. Trade Commission, Room 159, Sixth be available for inspection at the offices and Pennsylvania Avenue, N.W., STATUS: Closed. of the Board of Governors. Interested Washington, D.C. 20580. To encourage persons may express their views in MATTERS TO BE CONSIDERED: prompt and efficient review and writing on the standards enumerated in dissemination of the comments to the 1. Personnel actions (appointments, the BHC Act (12 U.S.C. 1842(c)). If the public, all comments also should be promotions, assignments, proposal also involves the acquisition of submitted, if possible, in electronic reassignments, and salary actions) a nonbanking company, the review also form, on either a 51⁄4 or a 31⁄2 inch involving individual Federal Reserve includes whether the acquisition of the computer diskette, with a label on the System employees. nonbanking company complies with the diskette stating the name of the standards in section 4 of the BHC Act, 2. Any items carried forward from a commenter and the name and version of including whether the acquisition of the previously announced meeting. the word processing program used to nonbanking company can ‘‘reasonably CONTACT PERSON FOR MORE INFORMATION: create the document. (Programs based be expected to produce benefits to the Mr. Joseph R. Coyne, Assistant to the on DOS are preferred. Files from other public, such as greater convenience, Board; (202) 452–3204. You may call operating systems should be submitted increased competition, or gains in (202) 452–3207, beginning at in ASCII text format to be accepted.) efficiency, that outweigh possible approximately 5 p.m. two business days Individuals filing comments need not adverse effects, such as undue before this meeting, for a recorded submit multiple copies or comments in concentration of resources, decreased or announcement of bank and bank electronic form. Submissions should be unfair competition, conflicts of holding company applications captioned: ‘‘Made in USA Policy interests, or unsound banking practices’’ scheduled for the meeting. Comment,’’ FTC File No. P894219. Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices 18601

FOR FURTHER INFORMATION CONTACT: Beth emerged for standards regarding Would that formulation be appropriate Grossman, Attorney, Division of unqualified ‘‘Made in USA’’ claims: (1) and practical? Would it provide Advertising Practices, Bureau of the All or Virtually All Standard; (2) a adequate guidance to marketers? What Consumer Protection, Federal Trade Percentage Content Standard (e.g., are the advantages and disadvantages of Commission, Washington, DC 20580, 50%); (3) and the Substantial such a circumscribed standard telephone 202–326–3019, or Kent C. Transformation Standard. compared with simply requiring that all Howerton, Attorney, Division of Under the ‘‘all or virtually all’’ or virtually all of the components and Enforcement, Bureau of Consumer standard, sellers may label their subcomponents of a product be made in Protection, Federal Trade Commission, products ‘‘Made in USA’’ only if all or the U.S.? Are there other formulations Washington, DC 20580, telephone 202– virtually all of the component parts of that the Commission should consider? 326–3013. their goods were made in the United B. How far back in the manufacturing States and all or virtually all of the labor process is it appropriate to look to SUPPLEMENTARY INFORMATION: in assembling their goods was determine the origin of the components I. Introduction performed in the United States. A or materials comprising the product? ‘‘percentage content’’ standard is a cost- As part of a comprehensive review of i. What constitutes a ‘‘step’’ back in based or value-added standard that its legal standard regarding the use of the manufacturing process? focuses on the percent of domestic unqualified ‘‘Made in USA’’ claims in ii. Is there a single definition of a step content and labor of a particular good. product advertising and labeling, on back that can be used across products or Under this type of standard, a product industries? October 18, 1995, the Commission could be labeled ‘‘Made in USA’’ if it published a notice soliciting public iii. Is the nature of a step back was made, for example, with at least different for products that are comprised comments. The notice also stated that 50% domestic parts and labor. The the Commission would hold a public of separate components than for ‘‘substantial transformation’’ standard is products that do not have separate parts workshop at a date to be announced in based on the U.S. Customs Service’s test a later notice. 60 FR 53922. On but instead go through stages of for the marking of foreign goods. processing? December 19, 1995, the Commission Substantial transformation occurs when, announced that the public workshop iv. Does how far back it is appropriate as a result of processes performed in a to look depend upon the nature of the would be held on March 26 and 27, particular country, a new article 1996, and that the Commission would product, e.g., whether the product is emerges with a new name, use and simple or complex? hold the record of the proceeding open character. Once the Customs Service v. If the Commission were to adopt an until April 30, 1996 for workshop considers an article to be substantially ‘‘all or virtually all’’ standard, would it participants and other interested parties transformed in the United States, the be appropriate to permit marketers to to submit clarifying or rebuttal article need not be marked with a look only one step back in determining comments on the issues discussed at the country of origin. workshop. the origin of components? Are there The workshop was conducted at the III. Supplemental Questions for products for which this approach would Commission’s headquarters building in Comment mask a significant amount of foreign Washington, DC on March 26 and 27, During the extended period for content? If so, what products or types of 1996. At the conclusion of the submitting written clarifying or rebuttal products? Alternatively, is there a point workshop, several participants information, the Commission invites in the production process, e.g., one step, requested that the Commission extend interested parties also to comment on two steps, or further back, at which the deadline for submission of clarifying the following supplemental questions. most of the domestic content of a and rebuttal comments to allow The Commission appreciates that, in product would be included? participants to work together on joint response to its October 18, 1995 notice, vi. What would it cost firms to comments, feedback, and possible a number of commenters submitted support an ‘‘all or virtually all’’ standard proposals. evidence of consumer perceptions in if they were only required to look back In light of the complexities of the support of their comments. In one step in the manufacturing process? issues presented, the Commission has commenting on particular standards, What would the cost be with a two step determined that an extension of the definitions, or approaches to ‘‘Made in back approach or one that required the comment period is appropriate. USA’’ claims and on terms that might be producer to look even further back in Therefore, to allow all interested parties used to denote a lesser or different level the manufacturing process? the opportunity to supply the of domestic content than a broad ‘‘Made C. Should raw materials be excluded Commission with additional written in USA’’ claim, comments should in calculating domestic content? data, views and arguments, the explain how such standards, i. If so, how should ‘‘raw material’’ be Commission grants an extension of the definitions, approaches, or terms relate defined? Should it include only those comment period to June 30, 1996. to consumer perceptions. items that are naturally occurring? Is steel, for example, a raw material, or II. Alternative Standards Addressed 1. All or Virtually All Standard only iron ore? How about leather versus During the Public Workshop A. At the workshop, some a tanned cow hide versus a raw hide? Participants in the workshop were participants suggested that for the ‘‘all ii. Does it matter if the raw materials invited to discuss the Commission’s or virtually all standard’’ to be practical, constitute a significant percentage of the current legal standard regarding the use it would have to be more clearly product’s value? of unqualified ‘‘Made in USA’’ claims, defined. One possible definition of ‘‘all D. Should ‘‘virtually all’’ be further alternatives to the current legal or virtually all’’ that was suggested defined? One alternative would be to standard, and how domestic content would require that marketers look only quantify it as a percentage of the claims should be measured under any one step (or two steps) back in the product (e.g., 90% or 95%). Another future standard. The heart of the manufacturing process to determine the alternative would be to consider it workshop was the participants’ origin of the components of a product, equivalent to ‘‘de minimis’’ foreign discussion of three primary options that and would exclude raw materials. content. Which approach is preferable? 18602 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices

Are there other alternatives that should has been proposed), should the FTC there evidence as to whether claims of be considered? then switch to this approach for foreign origin are as material to domestic origin claims? consumers across all or most products 2. Percentage Content Standard (e.g. ii. A number of participants at the as are claims of domestic origin? Please 50%) Commission’s workshop suggested that provide any supporting documentary A. What specific percentage threshold the substantial transformation (or tariff evidence or citations. for domestic content should a product shift) test should be adopted, but with D. Are there process-oriented have to meet to be considered ‘‘Made in minor alterations to assure that a standards other than substantial USA’’? What is the basis for choosing product labeled ‘‘Made in USA’’ in fact transformation that the Commission that threshold? How does it relate to had a meaningful amount of domestic should consider adopting? consumer perception? content. Should the FTC adopt a E. What are the country-of-origin B. What costs should be included modified version of the substantial marking requirements of other (and which excluded) in calculating a transformation test applied by the U.S. countries, including the United States’ product’s domestic content? Customs Service? major trading partners? (For the C. Is the percentage of domestic a. Are there certain products or types questions below, supporting content of a product likely to fluctuate of products for which application of a documentary evidence or citations significantly over time because of substantial transformation standard is would be particularly helpful.) currency fluctuations or because of unlikely to ensure that the product i. Do other countries require that all routine changes in sourcing for certain contains a meaningful amount of imported goods be marked? Which inputs? If so, is there a way to address, domestic content? countries? For countries that do not for marking purposes, any uncertainty b. Some participants suggested that have universal marking requirements, caused by such fluctuations? Does the the Customs Service’s substantial are there specific categories of goods impact of such fluctuations change with transformation test be altered to exclude that are required to be marked? the level of permitted foreign content? transformations that amounted only to ii. Where goods are required to be For example, is the impact of such ‘‘simple assembly.’’ An alternative marked with their country of origin, fluctuations greater or lesser if 50% proposal is that there be a supplemental what standards do other countries use to foreign content is permitted than if only requirement that, to be promoted as determine that country of origin? 10% foreign content is permitted? ‘‘Made in USA,’’ a product not only be iii. To what extent do (or would) other D. How should the computation substantially transformed in the U.S., countries permit alternative or qualified issues raised in Questions 1B and IC, but also contain a certain percentage of country-of-origin labels on imported above, be resolved in the context of a domestic content or have certain of its goods—i.e., not simply ‘‘Made in USA,’’ percentage content standard? key components made in the U.S. What but, for example, ‘‘Product of USA,’’ are the advantages and disadvantages of ‘‘Assembled in USA,’’ ‘‘Assembled in 3. Substantial Transformation Standard these approaches? Are there other USA of domestic and imported A. A substantial transformation modifications to the substantial components,’’ or ‘‘80% Made in USA’’? standard was extensively discussed at transformation test that the Commission iv. What are other countries’ the workshop. However, the exact form should consider? standards for their own domestic origin of this standard that should be c. If the FTC were to adopt a modified claims (e.g., France’s requirements for considered was not resolved. substantial transformation test, what ‘‘Made in France’’ claims)? Do these i. Should the FTC adopt an existing costs, if any, would result from the fact standards differ from those countries’ form of this standard already applied by that the FTC’s standard would not be standards for foreign origin claims? the U.S. Customs Service—i.e., the precisely consistent with that applied substantial transformation test that the by the Customs Service? 4. Other Issues Customs Service generally applies or the iii. Should the FTC adopt the A. Are there other standards or tariff classification shift rules that the standard ultimately adopted by the approaches not encompassed by the Customs Service uses for North WTO for country-of-origin three alternatives set forth above that American Free Trade Agreement determinations? Because the WTO the Commission should consider? (‘‘NAFTA’’) goods? process is likely to take some time, B. Are there terms that are, or can be, a. Which of these two Customs should the FTC adopt an interim used to denote some lesser or different Service approaches should the FTC standard, and if so, what standard? level of domestic content than a broad adopt? Why? B. How does a substantial ‘‘Made in USA’’ claim, e.g., ‘‘Assembled b. If the FTC chooses to adopt either transformation standard in any of the in USA,’’ ‘‘Product of USA,’’ ‘‘Processed of the existing Customs approaches, variations discussed above relate to in USA,’’ etc. What are the costs and what are the implications if these consumer perceptions of ‘‘Made in benefits of using such alternative terms approaches are changed? USA’’ claims? Does empirical evidence to label products that would not meet a (1) What should the FTC do if the suggest that consumers think about the standard for ‘‘Made in USA’’ claims but World Trade Organization (‘‘WTO’’) phrase ‘‘Made in USA’’ in terms of the nonetheless involve some significant establishes (and Congress adopts) rules process by which parts or materials are domestic inputs? for determining whether substantial transformed into a finished product? C. Some participants at the workshop transformation has occurred that are Does empirical evidence suggest that suggested consumers interpret the different than those applied by the consumers think the phrase ‘‘Made in absence of country of origin labeling as Customs Service? USA’’ refers both to the transformation an indication that a product is made in (2) If the Commission chooses to process and the origin of the parts and the United States. Historically, the employ the Customs Service’s general materials themselves? Commission has employed a rebuttable substantial transformation analysis, and C. Is there evidence as to whether presumption that goods that were not the Customs Service subsequently consumers’ understanding of ‘‘Made in labeled with any country of origin chooses to apply the NAFTA tariff shift USA’’ claims is the same or different would be understood by consumers to approach to goods from all Most than their understanding of foreign be made in the United States. As a Favored Nation (‘‘MFN’’) countries (as origin claims (e.g., ‘‘Made in Japan’’)? Is result, the Commission traditionally Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices 18603 required that foreign origin be disclosed Donald S. Clark, Smoke-Free Workplace if unmarked goods contained a Secretary. ATSDR strongly encourages all grant significant amount of foreign content. [FR Doc. 96–10364 Filed 4–25–96; 8:45 am] and cooperative agreement recipients to i. Do consumers generally believe that BILLING CODE 6750±01±P provide a smoke-free workplace and unlabeled products are domestic? Does promote the non-use of all tobacco consumer perception of the origin of products, and Public Law 103–227, the unlabeled products vary by type of DEPARTMENT OF HEALTH AND Pro Children Act of 1994, prohibits product? HUMAN SERVICES smoking in certain facilities that receive ii. Is a failure to disclose foreign Federal funds in which education, Agency for Toxic Substances and library, day care, health care, and early origin for unmarked goods that contain Disease Registry childhood development services are a significant amount of foreign content provided to children. material to consumers? Does the [Announcement 607] materiality vary by type of product? Program to Build Capacity to Conduct Eligible Applicants Commenters are urged to limit their Site-Specific Activities Participation is limited to official additional comments to clarifying or public health agencies of States or their rebuttal information, to the Introduction bona fide agents or instrumentalities. supplemental questions, or to specific The Agency for Toxic Substances and This includes the District of Columbia, new proposals, and not merely to Disease Registry (ATSDR) announces American Samoa, the Commonwealth of resubmitting views or information the availability of fiscal year (FY) 1996 Puerto Rico, the Virgin Islands, the previously submitted or expressed funds for a cooperative agreement Federated States of Micronesia, Guam, during the workshop. Comments program for State health agencies to the Northern Mariana Islands, the proposing or addressing a particular conduct site-specific health activities to Republic of the Marshall Islands, the standard should address how it protects determine the public health impact of Republic of Palau, and federally consumers against deception 1 and why human exposure to hazardous recognized Indian tribal governments. adopting a particular standard is in the substances at hazardous waste sites or This program is comprised of Core public interest. All written comments releases. Specifically, funds will be used activities and Optional activities. All submitted will be available for public to build capacity to conduct ‘‘Core’’ site- applicants must compete for Core inspection in accordance with the specific activities including public Activities (Public Health Assessments/ Freedom of Information Act, 5 U.S.C. health assessments, health Consultations, Exposure Investigations, 552, and Commission regulations, on consultations, exposure investigations, and Community Involvement and normal business days between the hours community involvement, and Preventive Health Education). Site- of 8:30 a.m. to 5:00 p.m. at the Public preventive health education; and Specific Health Investigations/Studies Reference Room 130, Federal Trade ‘‘Optional’’ follow-up health are considered Optional Activities to the Commission, 6th and Pennsylvania investigations/studies. ATSDR Core Activities award. considers a site as consisting of the Ave., N.W., Washington, D.C. 20580. Availability of Funds actual boundaries of a release or facility In addition, the Commission will along with the resident community and The government’s obligation under make this notice and, to the extent area impacted by the subject release or this grant project is contingent upon the technically possible, all comments facility. availability of appropriated funds from received in response to this notice ATSDR is committed to achieving the which payment for grant purposes can available to the public through the health promotion and disease be made. No legal liability on the part Commission’s Home Page on the prevention objectives of ‘‘Healthy of the government for any obligation Internet. Interested parties can access People 2000,’’ a national activity to may arise until funds are made available the Commission’s Home Page on the reduce morbidity and mortality and to the grantee through the formal award World Wide Web at the following improve the quality of life. This of a cooperative agreement. address: http://www.ftc.gov. announcement is related to the priority It is expected that approximately $11,500,000 will be available in FY Authority: 15 U.S.C. 41 et seq. area of Environmental Health. (For ordering a copy of ‘‘Healthy People 1996 to fund an estimated 22 awards. By direction of the Commission, 2000,’’ see the section Where To Obtain The average new award is expected to Commissioner Starek dissenting.2 Additional Information.) be $300,000, ranging from $100,000 to $500,000. It is expected that the awards 1 A deceptive act or practice is one that is likely Authority will begin on or about September 29, to mislead consumers acting reasonably under the circumstances. See Cliffdale Associates, Inc., 103 This program is authorized under 1996, and will be made for a 12-month F.T.C. 110 (1984), reprinting as an appendix letter Sections 104(i) (1)(E), (4), (6), (7), (9), budget period within a 5-year project dated Oct. 14, 1983, from the Commission to the (14) and (15) of the Comprehensive period. Funding estimates may vary and Honorable John D. Dingell, Chairman, Committee Environmental Response, are subject to change. on Energy and Commerce, U.S. House of Representatives (‘‘Deception Statement’’). The Compensation, and Liability Act Approximately $10,000,000 of the Commission considers a claim deceptive if even a (CERCLA) of 1980, as amended by the $11,500,000 will be available to fund an ‘‘significant minority’’ of consumers are misled. Superfund Amendments and estimated 22 Core Activities awards ‘‘An interpretation may be reasonable even though Reauthorization Act (SARA) of 1986 [42 (range $100,000 to $500,000). Personnel it is not shared by a majority of consumers in the relevant class, or by particularly sophisticated U.S.C. 9604(i)(1) (E), (4), (6), (7), (9), (14) funded under Core Activities should consumers. A material practice that misleads a and (15)], and Section 3019 (b) and (c) include, at a minimum, 1–2 full time significant minority of reasonable consumers is of the Resource Conservation and employee (FTE) health assessors and 1– deceptive.’’ Kraft, Inc., 114 F.T.C. 40, 122 (1991), Recovery Act (RCRA), as amended 2 FTE health educators/community aff’d 970 F.2d 311 (7th Cir. 1992), cert. denied, 507 U.S. 909 (1993). (Hazardous and Solid Waste involvement specialists. Funds in the 2 Commissioner Starek dissented for reasons Amendments of 1984) [42 U.S.C. 6939a amount of $1,000,000 will be available previously stated. See 60 FR 53930 (1995). (b) and (c)]. for Optional Activities via the initial 18604 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices award for epidemiologist or health to hazardous substances in the may include the evaluation of scientist personnel. It is anticipated that environment. environmental data, community $500,000 of supplemental funds may be Optional activities will assist public concerns, health outcome data, and made available for conducting site- health agencies in conducting site- demographic characterizations, and the specific human health studies after specific health activities recommended conduct of community outreach and review of site-specific data, submission by the Technical Project Team to assess interaction activities and site of study protocol with supplemental the public health impact of human workplans. budget for proposed study, technical, exposure to hazardous substances in 3. Exposure Investigations objective, and peer review and approval communities located near hazardous of study protocols. In years subsequent waste sites or releases. Exposure Investigations may be to FY 1996, it is anticipated that funds Program Requirements conducted as part of a health assessment in the amount of $2,000,000 will be or health consultation response. available for site-specific studies. ATSDR will assist or work jointly Exposure Investigation involves a The Core Activities Award establishes with the recipient in conducting the collection of data on less than 10 the funding for this cooperative activities of this cooperative agreement households. program. The application should be agreement. Only applicants funded for a 4. Community Involvement Core Activities Award are eligible to presented in a manner that receive awards for Optional Activities. demonstrates the applicant’s ability to Site-specific community involvement Applicants who apply and are awarded address the health issues in a is designed to develop partnerships for Core Activities only will not be collaborative manner with ATSDR. with communities living near hazardous eligible to add Optional Activities Note: Recipient activities may not be waste sites in the development, during the project period. conducted with funds from this cooperative implementation, and evaluation of site- This program is open to all eligible agreement program at any Federal site where specific activities, which may include applicants, whether or not current the State is a party to litigation at the site. needs assessment, site evaluation participants in ATSDR grant or Recipient and ATSDR activities are activities, participation in community cooperative agreement programs. listed below: meetings, and availability to the community to gather and address health Grantees currently funded under A. Recipient Core Activities ATSDR’s Program Announcements 227, concerns. The recipient will: 415, 325 and 443, can apply and, if All activities will be conducted via an a. Develop a site-specific community successful, the current award would annually negotiated work plan, involvement plan which, at a minimum, replace the previous award (competitive mutually agreed upon at the time of the should include: (1) A needs assessment renewal) for a total project period of up annual budget discussions between strategy, (2) an implementation strategy, to 5 years. If a current grantee applies ATSDR and recipient, that complies and (3) an evaluation strategy. under this competitive renewal with requirements of applicable sections b. Implement the community announcement and is unsuccessful or of CERCLA, as amended. involvement plan and, where warranted chooses not to apply under this 1. Public Health Assessments based on the needs assessment, establish Community Assistance Panels. announcement, it will not jeopardize Conduct Public Health Assessments, the current award; ATSDR will honor including petitions, on National Priority 5. Health Education the current awards through the Lists (NPL), Comprehensive expiration of the project period, subject Site-specific health education Environmental Response, encompasses a program of education to satisfactory progress and the Compensation, and Liability availability of funds. activities implemented in communities Information System (CERCLIS), or other to enable them to prevent or mitigate the Continuation awards within the sites or facilities within the recipient’s project period will be made on the basis health impact of exposure to hazardous territorial boundary in accordance with substances present at waste sites and of satisfactory progress and the the methodology provided in the availability of funds. releases. Prevention of exposure is the ATSDR Public Health Assessment focus of community health education. Purpose Guidance Manual, ATSDR’s Review and Prevention of health effects from Handling Procedures for Public Health The purpose of the program funded exposure is the focus of health Assessments, and other applicable under this cooperative agreement is to professions education. Based on the guidance. The following activities are work toward the ultimate goal of community needs assessment, a also considered integral in the public reducing exposures to hazardous coordinated health education program health assessment process: substances and mitigating potential a. Prepare addenda to update public to address the needs identified for each adverse health effects from such health assessments. target audience should be developed. exposures. The specific purpose of the b. Prepare Site Review and Updates The recipient will: Core Activities is to assist public health (SRU) to evaluate current conditions a. Develop materials that are agencies to build capacity, in and determine the need for further appropriate for the target audience coordination and cooperation with actions. considering such issues as literacy level, ATSDR, to conduct health related cultural values, and languages spoken. activities under CERCLA and RCRA. 2. Health Consultations b. Recipient should give priority to This includes conducting health Prepare a written or verbal response those sites where specific actions can be consultations, public health to a specific question or specific request taken to reduce or prevent exposures or assessments, and exposure for information about health risks posed where a significant public health investigations. Core Activities will also by a specific site (including Site concern exists. assist recipients to conduct community Accelerated Cleanup Model (SACM)), c. Materials and programs targeted to involvement activities, and to develop, chemical release, or hazardous material. a community’s health care providers disseminate, and evaluate site- specific Health consultations may also be should be designed to improve the preventive health education materials written as a follow-up to Public Health knowledge and skill of health care and other programs related to exposure Assessments or SRUs. Consultations professionals concerning the potential Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices 18605 exposure to hazardous substances at the or other State pronouncement under As requested by the recipient, ATSDR selected sites. Examples include authority of law, that medical is available to provide the following: programs and materials designed to information obtained pursuant to the 1. Public Health Assessments enhance the ability of health care agreement will be protected from providers to communicate risk, counsel disclosure when the consent of the Collaborate with and assist recipient and advise community members individual to release identifying in conducting Public Health Assessment including their patients, recognize and information is not obtained. activities on CERCLIS or other sites or evaluate potential exposures, obtain facilities within the recipient’s 4. Evaluation appropriate consultation from territorial boundary, which includes: environmental health experts when As part of the workplan for Optional a. Collaborate and assist in preparing needed or diagnose and treat conditions Activities (Public Health Studies/ addenda to update public health that may arise from exposure to Investigations), develop a site-specific assessments. hazardous substances. evaluation plan, including a standard b. Collaborate and assist in preparing d. Implement the planned actions evaluation instrument prior to the Site Review and Updates (SRU) to such as distributing materials, and conduct of site-specific activities. The evaluate current conditions and conducting projects such as Grand plan should contain a component for determine the need for further actions. each activity undertaken at the site. Rounds, short courses, seminars, poster 2. Health Consultations display sessions, and public availability Conduct evaluation of activities, sessions. projects, and site-specific programs to Collaborate and assist recipient in determine if community’s needs as well preparing a written or verbal response to 6. Site-Specific Evaluation as intended purpose of the activities a specific question or specific request As part of the workplan for Core have been met. Both process and for information about health risks posed Activities (Public Health Assessments/ impact/outcome measures should be by a specific site (including SACM), Health Consultations, Site-specific included in the evaluation plan. chemical release, or hazardous material. Involvement and Health Education), 3. Exposure Investigations develop a site- specific evaluation plan C. Other Activities prior to conducting activities. The plan 1. Participate in Technical Project Collaborate and assist in conducting should contain a component for each team (TPT) review and comply with Exposure Investigations. activity undertaken at the site. Conduct established review and handling 4. Community Involvement evaluation of activities and projects and procedures for incorporating the results site-specific programs to determine if of recommendations into site evaluation a. Assist in developing effective community’s needs have been met as activities. methods to conduct needs assessments well as intended purpose of the 2. Provide abstraction overview to in communities living near hazardous activities. Both process and impact/ ATSDR on each site for which site waste sites and in defining goals and outcome measures should be included evaluation activities have been objectives. in the evaluation plan. conducted for inclusion in the b. Assist in development, HAZDAT. implementation, and evaluation of the 7. Program Evaluation 3. Review and prepare written community involvement plan. An evaluation of effectiveness of comments on EPA’s draft Remedial 5. Site-specific Health Education overall capacity building effort in Investigation/Feasibility Study (RI/FS), addressing public health issues in RI/FS workplans, and Records of a. Collaborate in developing and communities living near hazardous Decision, and site-specific documents of reviewing all educational materials to waste sites will be conducted jointly by the State’s environmental department. ensure scientific accuracy. Provide all participants. This evaluation will existing materials as requested. focus on outcome and impact 4. Workshops Collaborate in developing projects for measurements using a standard a. Participate in local, State, and specific target audiences. evaluation instrument. Both process and Federal health and environmental c. Collaborate with the State in the impact/outcome measures will be workshops and community meetings to implementation of programs and the included in the evaluation. discuss and respond to questions distribution of materials. concerning a particular site’s impact on 6. Evaluation B. Recipient Optional Activities public health. 1. For all health assessments and/or b. Participate in ATSDR-scheduled ATSDR will lead the evaluation of health consultations prior to October 1, training classes or workshops to each recipient’s total program. This 1995, for which a health follow-up increase knowledge and skills in evaluation will focus on outcome and activity was recommended, the environmental public health. impact measurements using a standard recipient will reassess community, 5. Respond to ATSDR’s requests evaluation instrument. In addition, environmental, and human data and concerning congressional inquiries/ ATSDR will conduct an evaluation of provide in writing a disposition of their testimonies, program evaluation, or effectiveness of overall capacity assessment. other information in carrying out the building effort in addressing public 2. For those studies recommended purpose of the project. health issues in communities living near previously, the recipient will develop a hazardous waste sites. Both process and protocol and conduct the recommended D. ATSDR Core Activities impact/outcome measures will be study. This protocol will undergo All activities will be conducted via an included in the evaluation. scientific peer review as required by annually negotiated work plan, E. ATSDR Optional Activities ATSDR and may require clearance by mutually agreed upon at the time of the the Office of Management and Budget annual budget discussions between As requested by the recipient, ATSDR (OMB) before data collection can begin. ATSDR and recipient, that complies is available to provide the following: 3. The recipient is required to provide with requirements of applicable sections 1. Provide assistance in both the proof by citing a State code or regulation of CERCLA, as amended. planning and implementation phases of 18606 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices the field work called for under the study a. Ability to respond to specific public epidemiologist or health scientist to protocol. health issues that occur as a result of attend the annual training meeting in 2. Provide consultation and assist in actual or potential human exposure to a Atlanta (five days). monitoring the data and specimen hazardous substance including methods 5. Human subjects—(not scored) collection. to evaluate and analyze toxicological, 3. Participate in the study analysis. community, and environmental health Whether or not exempt from the 4. Collaborate in interpreting the data; and to conduct and analyze data DHHS regulations, are procedures study findings. from exposure investigations. adequate for the protection of human 5. ATSDR will conduct technical and b. Description of involvement with subjects? peer review. communities in response to concern Recommendations on the adequacy of 6. Evaluation—ATSDR will evaluate about a particular site’s impact on protections include: (1) Protections each recipient’s total program. This public health. Ability to develop and appear adequate and there are no evaluation will focus on outcome and provide preventive health education in comments to make or concerns to raise, impact measurements using a standard a timely fashion in response to public or (2) protections appear adequate, but evaluation instrument. In addition, health issues including appropriateness there are comments regarding the ATSDR will conduct an evaluation of and thoroughness of the methods used protocol, or (3) protections appear effectiveness of overall capacity to evaluate preventive health education; inadequate and the Objective Review building effort in addressing public and the extent to which evaluation plan Group (ORG) has concerns related to health issues in communities living near includes measures of program outcome human subjects; or (4) disapproval of hazardous waste sites. Both process and (i.e., effect of participant’s knowledge, the application is recommended impact/outcome measures will be attitudes, skills, behaviors, exposure to because the research risks are included in the evaluation. hazardous substances). sufficiently serious and protection against the risks are inadequate as to 2. Program Personnel—15% F. Other ATSDR Activities make the entire application 1. Initiate and conduct review by The extent to which the proposal has unacceptable. described or provided biographical data Technical Project Team. 6. Continuation Awards 2. Assist with abstraction overview for on the: the database on each site for which site a. Manner in which an integrated Continuation awards within the evaluation activities have been ‘‘core’’ team will be developed to project period will be made on the basis conducted. address components of this program. A of the following criteria: 3. Assist with recipient’s review and consistent core team is vital to this a. Satisfactory progress has been made preparation of written comments on effort. ATSDR recommends that the in meeting project objectives; EPA’s draft Remedial Investigation/ team consist of, at minimum, 1–2 FTE b. Objectives for the new budget Feasibility Study (RI/FS), RI/FS health assessors and 1–2 FTE health period are realistic, specific, and workplans, and Records of Decision, educators/community involvement measurable; and site-specific documents of the specialists for core activities, and 1 FTE c. Proposed changes in described State’s environmental department. epidemiologist or health scientist for methods of operation, need for financial Optional Activities. support, and/or evaluation procedures 4. Workshops b. Appropriate qualifications, will lead to achievement of project a. Assist recipient with participation experience, leadership ability, and objectives; and in local, State, and Federal health and percentage of time project director (or d. The budget request is clearly environmental workshops and principle investigator) will commit to justified and consistent with the community meetings to discuss and the project. intended use of cooperative agreement respond to questions concerning a c. Appropriate qualifications, funds. particular site’s impact on public health. experience, and description of how staff will be utilized in relation to the B. Applications for Core Plus Optional b. Initiate and conduct ATSDR- Activities scheduled training classes or workshops activities to be performed to accomplish to increase recipients knowledge and the work and their percentage of time to 1. Proposed Program—70% skills in environmental public health. be spent on the project; CVs should be provided. Applicant’s ability to address the 5. Assist recipient with ATSDR’s following: requests concerning congressional d. Ability of recipient to adhere to ‘‘Third Party Agreements’’ under ‘‘Other a. Ability to respond to specific public inquiries/testimonies, program health issues that occur as a result of evaluation, or other information in Requirements’’ of this announcement if contractors are proposed. actual or potential human exposure to a carrying out the purpose of the project. hazardous substance including methods Evaluation Criteria 3. Capability—15% to evaluate and analyze toxicological, Description of the applicant’s community, and environmental health The proposed program, whether made data; and to conduct and analyze data up of Core Activities or Core Activities capability to carry out the proposed project and suitability of facilities and from exposure investigations. and Optional Activities, will account for b. Description of involvement with a total of 70% of the score from the equipment available or to be purchased for the project. communities in response to concern evaluation criteria. Applications will be about a particular site’s impact on reviewed and evaluated according to the 4. Program Budget—(not scored) public health. Ability to develop and following criteria: The extent to which the budget relates provide preventive health education in A. Applications for Core Activities Only directly to project activities, is clearly a timely fashion in response to public justified, and is consistent with health issues including appropriateness 1. Proposed Program—70% intended use of funds. The budget and thoroughness of the methods used Applicant’s ability to address the should include funds for one health to evaluate preventive health education; following: assessor, one health educator, and one and the extent to which evaluation plan Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices 18607 includes measures of program outcome 4. Program Budget—(not scored) Activities in order to develop an (i.e., effect of participant’s knowledge, The extent to which the budget relates integrated program. attitudes, skills, behaviors, exposure to directly to project activities, is clearly 4. Geographic distribution across the hazardous substances). justified, and is consistent with entire United States. Interested persons are invited to c. An understanding of and capability intended use of funds. The budget comment on the proposed funding to conduct human health studies. The should include funds for one health priority. All comments received on or application for Core and Optional assessor, one health educator, and one before May 28, 1996 will be considered activities should include a protocol for epidemiologist or health scientist to a human health study from those before the final funding priority is attend the annual training meeting in established. If the funding priority previously recommended by ATSDR for Atlanta (five days). sites in the recipient’s State for which should change as a result of any a study has not commenced. Site- 5. Human subjects—(not scored) comments received, a revised specific protocol will be reviewed based Whether or not exempt from the Announcement will be published in the on the following: (a) the approach, DHHS regulations, are procedures Federal Register prior to the final feasibility, adequacy, and rationale of adequate for the protection of human receipt of applications. Written comments should be the proposed study design; (b) the subjects? technical merit of the proposed study, Recommendations on the adequacy of addressed to Ron S. Van Duyne, Grants including the methods and procedures protections include: (1) Protections Management Officer, Grants Management Branch, Procurement and (including quality assurance and quality appear adequate and there are no Grants Office, Centers for Disease control procedures) for the proposed comments to make or concerns to raise, Control and Prevention (CDC), 255 East study; (c) the proposed timeline, or (2) protections appear adequate, but Paces Ferry Road, NE., Room 300, including clearly established objectives there are comments regarding the Mailstop E–13, Atlanta, GA 30305. for which progress toward attainment protocol, or (3) protections appear can and will be measured; and (d) the inadequate and the ORG has concerns Executive Order 12372 Review proposed method to disseminate the related to human subjects; or (4) Applications are subject to the results of the study to State and local disapproval of the application is Intergovernmental Review of Federal public health officials, community recommended because the research Programs as governed by Executive residents, and other concerned risks are sufficiently serious and Order (E.O.) 12372. E.O. 12372 sets up individuals and organizations. protection against the risks are a system for State and local government inadequate as to make the entire 2. Program Personnel—15% review of proposed Federal assistance application unacceptable. applications. Applicants should contact The extent to which the proposal has 6. Continuation Awards their State Single Point of Contact described or provided biographical data (SPOC) as early as possible to alert them on the: Continuation awards within the to the prospective applications and to a. Manner in which an integrated project period will be made on the basis receive any necessary instructions on ‘‘core’’ team will be developed to of the following criteria: the State process. For proposed projects a. Satisfactory progress has been made address components of this program. A serving more than one State, the in meeting project objectives; consistent core team is vital to this applicant is advised to contact the SPOC effort. ATSDR recommends that the b. Objectives for the new budget period are realistic, specific, and for each affected State. A current list of team consist of, at minimum, 1–2 FTE SPOCs is included in the application health assessors and 1–2 FTE health measurable; c. Proposed changes in described kit. If SPOCs have any State process educators/community involvement recommendations on applications specialists for core activities, and 1 FTE methods of operation, need for financial support, and/or evaluation procedures submitted to CDC, they should forward epidemiologist or health scientist for them to Ron S. Van Duyne, Grants Optional Activities. will lead to achievement of project objectives; and Management Officer, Grants b. Appropriate qualifications, d. The budget request is clearly Management Branch, Procurement and experience, leadership ability, and justified and consistent with the Grants Office, Centers for Disease percentage of time project director (or intended use of cooperative agreement Control and Prevention (CDC), 255 East principle investigator) will commit to funds. Paces Ferry Road, NE., Atlanta, GA the project. 30305, no later than 60 days after the c. Appropriate qualifications, Funding Priorities application deadline date. The granting experience, and description of how staff Applicants must demonstrate the agency does not guarantee to will be utilized in relation to the ability to address the activities ‘‘accommodate or explain’’ State process activities to be performed to accomplish described in the Program Requirements recommendations it receives after that the work and their percentage of time to section of this announcement. Priority date. be spent on the project; CVs should be will be given for the following: Indian tribes are strongly encouraged provided. 1. Number of proposed and/or listed to request tribal government review of d. Ability of recipient to adhere to National Priorities List (NPL) sites the proposed application. If tribal ‘‘Third Party Agreements’’ under ‘‘Other (Federal and non-Federal) based on governments have any tribal process Requirements’’ of this announcement if most current listing by EPA. recommendations on applications contractors are proposed. 2. Number of Comprehensive submitted to ATSDR, they should Environmental Response, forward them to Ron S. Van Duyne, 3. Capability—15% Compensation, and Liability Grants Management Officer, Grants Description of the applicant’s Information System (CERCLIS) sites Management Branch, Procurement and capability to carry out the proposed (Federal and non- Federal) based on Grants Office, Centers for Disease project and suitability of facilities and most current listing by EPA. Control and Prevention (CDC), 255 East equipment available or to be purchased 3. Those applicants who apply for Paces Ferry Road, NE., Room 300, for the project. both Core Activities and Optional Mailstop E–13, Atlanta, GA 30305. This 18608 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices should be done no later than 60 days individual time, travel, and associated ATSDR and site-remediation activities after the application deadline date. The cost including indirect cost, as for other parties. granting agency does not guarantee to appropriate for the site. The recipient The written agreement required shall ‘‘accommodate or explain’’ for tribal would also maintain documentation not relieve the recipient of any part of process recommendations it receives that describes the site-specific response its responsibility or accountability to after that date. actions taken with respect to the site, PHS under the cooperative agreement. The agreement shall, therefore, retain Public Health System Reporting e.g., contracts, work assignments, sufficient rights and control to the Requirements progress reports, and other documents that describe the work performed at a recipient to enable it to fulfill this This program is not subject to the site. The recipient will retain the responsibility and accountability. Public Health System Reporting documents and records to support these E. Disclosure Requirements. financial transactions and Catalog of Federal Domestic Assistance documentation of work performed, for Recipient is required to provide proof Number possible use in a cost recovery case, for by way of citation to State code or a minimum of ten years after regulation or other State pronouncement The Catalog of Federal Domestic submission of a final financial status given the authority of law, that medical Assistance numbers are 93.200, 93.202, information obtained pursuant to the 93.203. report, unless there is litigation, claim, negotiation, audit or other action agreement, pertaining to an individual, Other Requirements involving the specific site, then the and therefore considered confidential, will be protected from disclosure when A. Paperwork Reduction Act records will be maintained until resolution of all issues on the specific the consent of the individual to release Projects that involve the collection of site. identifying information is not obtained. information from 10 or more individuals and funded by cooperative agreement D. Third Party Agreements Application Submission and Deadline will be subject to review by the Office Project activities which are approved The original and two copies of of Management and Budget (OMB) for contracting pursuant to the prior application PHS Form 5161–1 (OMB under the Paperwork Reduction Act. approval provisions shall be formalized Number 0937–0189) should be ATSDR has developed standard multi- in a written agreement that clearly submitted to Ron S. Van Duyne, Grants use interview forms that may be made establishes the relationship between the Management Officer, Grants available for use by States conducting recipient and the third party. The Management Branch, Procurement and investigations and/or studies under this written agreement shall, at a minimum: Grants Office, Centers for Disease cooperative agreement. 1. State or incorporate by reference all Control and Prevention (CDC), 255 East Paces Ferry Road, NE., Room 300, B. Protection of Human Subjects applicable requirements imposed on the contractors under the terms of the grant Mailstop E13, Atlanta, GA 30305, on or If the proposed project involves before June 14, 1996. (By formal research on human subjects, the and/or cooperative agreement, including requirements concerning technical agreement, the CDC Procurement and applicant must comply with Department Grants Office will act for and on behalf of Health and Human Services review (ATSDR selected reviewers), ownership of data, and the arrangement of ATSDR on this matter.) Regulations (45 CFR Part 46) regarding A. Deadline: Applications shall be for copyright when publications, data, the protection of human subjects. considered as meeting the deadline if or other copyrightable works are Assurances must be provided to they are either: developed under or in the course of demonstrate that the project will be 1. Received on or before the deadline work under a PHS grant-supported subject to initial and continuing review date, or by appropriate institutional review project or activity. 2. Sent on or before the deadline date committees. In addition to other 2. State that any copyrighted or and received in time for submission to applicable committees, Indian Health copyrightable works shall be subject to the objective review group. (Applicants Service (IHS) institutional review a royalty-free, nonexclusive, and must request a legibly dated U.S. Postal committees must also review the project irrevocable license to the government to Service postmark or obtain a legibly if any component of IHS will be reproduce, publish, or otherwise use dated receipt from a commercial carrier involved or will support the research. If them, and to authorize others to do so or U.S. Postal Service. Private metered any American Indian community is for Federal government purposes. postmarks shall not be acceptable as involved, its tribal government must 3. State that whenever any work proof of timely mailing.) also approve that portion of the project subject to this copyright policy may be B. Late Applications: Applications applicable to it. The applicant will be developed in the course of a grant by a which do not meet the criteria in A. 1. responsible for providing assurance in contractor under a grant, the written or 2. above are considered late accordance with the appropriate agreement (contract) must require the applications. Late applications will not guidelines and form provided in the contractor to comply with these be considered in the current application kit. requirements and can in no way competition and will be returned to the diminish the government’s right in that applicant. C. Cost Recovery work. CERCLA, as amended by SARA, 4. State the activities to be performed, Where To Obtain Additional provides for the recovery of costs the time schedule for those activities, Information incurred for response actions at each the policies and procedures to be To receive additional information call Superfund site from potentially followed in carrying out the agreement, (404) 332–4561. You will be asked to responsible parties. The recipient would and the maximum amount of money for leave your name, address and phone agree to maintain an accounting system which the grantee may become liable to number and will need to refer to that will keep an accurate, complete, the third party under the agreement. Announcement 607. You will receive a and current accounting of all financial 5. State non-conflict of interest complete program description, transactions on a site-specific basis, i.e., concerning activities conducted for information on application procedures Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices 18609 and application forms. The Centers for Disease Control and whether they have adverse effects on announcement is also available through Prevention reproductive health is still limited. With the growing number of women in the the CDC home page on the Internet. The [INFO±96±14] address for the CDC home page is http:/ work force, it is becoming increasingly /www.cdc.gov. Proposed Data Collections Submitted important to evaluate the potential female reproductive health effects of If you have questions after reviewing for Public Comment and occupational and physical agents. the contents of all the documents, Recommendations In this program, NIOSH is planning to business management assistance may be In compliance with the requirement undertake a series of five studies to obtained from Maggie Slay, Grants of Section 3506(c)(2)(A) of the focus on potential reproductive effects Management Specialist, Grants Paperwork Reduction Act of 1995 for of chemical and physical agents in the Management Branch, Procurement and opportunity for public comment on workplace. In the studies planned under Grants Office, Centers for Disease proposed data collection projects, the this program, the reproductive health of Control and Prevention (CDC), 255 East Centers for Disease Control and a group of female workers exposed to Paces Ferry Road, NE., Room 300, Prevention (CDC) will publish periodic the agent of interest, will be compared Mailstop E–13, Atlanta, GA 30305, summaries of proposed projects. To to the reproductive health of a group of telephone (404) 842- 6630, or request more information on the working women with no occupational INTERNET address, proposed projects or to obtain a copy of exposure to known or suspected [email protected]. the data collection plans and reproductive toxicants. instruments, call the CDC Reports Programmatic technical assistance For all studies, data from company Clearance Officer on (404) 639–7090. personnel records containing may be obtained from Sharon Comments are invited on: (a) Whether demographic, and work history Campolucci, Deputy Director, Division the proposed collection of information information will be used to estimate of Health Studies, Agency for Toxic is necessary for the proper performance workplace exposures. Each woman will Substances and Disease Registry, 1600 of the functions of the agency, including be asked to complete a telephone Clifton Road, NE., Mailstop E–31, whether the information shall have questionnaire on reproductive history Atlanta, GA 30333, telephone (404) practical utility; (b) the accuracy of the and other factors (such as cigarette 639–6200, or INTERNET address, agency’s estimate of the burden of the smoking) that may influence [email protected]. proposed collection of information; (c) ways to enhance the quality, utility, and reproductive function. Each Please Refer to Announcement Number clarity of the information to be questionnaire will take approximately 607 When Requesting Information and collected; and (d) ways to minimize the 60 minutes to complete. Medical Submitting an Application burden of the collection of information records will be requested to confirm on respondents, including through the adverse reproductive outcomes reported Potential applicants may obtain a use of automated collection techniques by the participants. The risk of adverse copy of ‘‘Healthy People 2000’’ (Full for other forms of information reproductive outcomes between the two Report, Stock No. 017–001–00474–0) or technology. Send comments to Wilma groups of women will then be ‘‘Healthy People 2000’’ (Summary Johnson, CDC Reports Clearance Officer, compared. Report, Stock No. 017–001–00473–1) 1600 Clifton Road, MS–D24, Atlanta, The first study to be conducted under referenced in the Introduction through GA 30333. Written comments should be this program will be a study of the Superintendent of Documents, received within 60 days of this notice. reproductive disorders among female Government Printing Office, flight attendants. Approximately 66,000 Washington, DC 20402–9325, telephone Proposed Projects flight attendants are currently employed (202) 512–1800. 1. Studies of Adverse Reproductive by U.S. commercial airlines and are Outcomes in Female Occupational potentially exposed to ionizing Dated: April 22, 1996. Groups—(0920–0367)—Revised—An radiation and disruption of circadian Claire V. Broome, estimated 50,000 to 60,000 chemicals rhythms, two exposures that may Deputy Administrator, Agency for Toxic are in common use throughout society adversely affect reproductive function. Substances and Disease Registry. today and hundreds of new chemicals The other studies to be conducted under [FR Doc. 96–10362 Filed 4–25–96; 8:45 am] are introduced each year. Yet the list of this program have not yet been BILLING CODE 4163±70±P environmental chemicals and agents determined. The total cost to that have been investigated to determine respondents is estimated at 102,000.00

Avg. bur- No. of re- No. of re- den/re- Total Respondents spondents sponses/re- sponse burden spondent (in hrs.) (in hrs.)

Workers ...... 6,200 1 1 6,200 Medical providers ...... 1,200 1 0.5 600

Total ...... 6,800

2. Coal Mine Dust Personal Sampling Systems—(0920–148)—Extension—This project, mandated under the Federal Mine Safety and Health Act of 1977 (Pub. L. 91–173, as amended by Pub. L. 95–164), involves conducting evaluations and tests on coal mine dust personnel sampling units (CMDPSUs) and issuing certifications for those CMDPSUs which meet or exceed all applicable requirements listed in 30 CFR Part 74. It also requires conducting audits of new ‘‘off- the-shelf’’ CMDPSUs certified under these regulations to determine compliance, evaluating those CMDPSUs sent to NIOSH as field problems, and responding to technical assistance requests. The total cost to respondents is estimated at $11,000. 18610 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices

Avg. bur- No. of re- No. of re- den/re- Total bur- Respondents spondents sponses/re- sponse den spondent (in hrs.) (in hrs.)

Manufacturer ...... 1 1 39 39

Total ...... 39

3. Monthly Vital Statistics Report—(0920–0213)—Extension—The compilation of national vital statistics dates back to the beginning of this century and has been conducted since 1960 by the Division of Vital Statistics of the National Center for Health Statistics, CDC. The collection of the data is authorized by 42 USC 242k. The Monthly Vital Statistics Report provides estimates of monthly occurrences of births, deaths, infant deaths, marriages, and divorces following the end of each month. Similar data have been published since 1937, and are the sole source of these data at the national level. The data are widely used by the Department of Health and Human Services and by other government, academic, and private research organizations in tracking changes in trends of vital events. The data are essential to the U. S. Bureau of the Census as input to their various population estimates. They are also used each month by the Bureau of Economic Analysis, Department of Commerce, to extrapolate an element of the Gross National Product. Respondents for the Monthly Vital Statistics Report and the Monthly Report on Marriages, Divorces and Annulments are registration officials in each state, the District of Columbia, and New York City. Respondents for the Monthly Marriage and Divorce Statistical Report forms are 60 local (county) officials in New Mexico who record marriages occurring and divorces and annulments granted in each county of New Mexico. The are no direct costs to respondents; the data are routinely available in each reporting office as a by-product of ongoing activities.

Avg. bur- No. of re- No. of re- den/re- Total Respondents spondents sponses/re- sponse burden spondents (in hrs.) (in hrs.)

State registration officials: Monthly Vital Statistics Report ...... 52 12 0.1 62.4 State registration officials: Monthly Report on Marriages, Divorces, and Annulments ... 52 12 0.1 62.4 County registration officials: New Mexico: Monthly Marriage and Divorce Statistical Report Forms ...... 60 12 0.1 72

Total ...... 197

4. Standardized Reporting System and Associated Epidemiologic Investigations of Occupationally Related Infection with Human Immunodeficiency Virus in Health Care and Public Safety Settings (0920–0286)—Extension—The Surveillance Branch, Division of HIV/AIDS Prevention, National Center for HIV, STD, and TB Prevention, Centers for Disease Control and Prevention plans to continue surveillance of health care workers (HCWs) and public safety workers who may have occupationally acquired human immunodeficiency virus (HIV) infection. This reporting system, initiated September 1991, collects essential scientific information on workers with occupationally acquired HIV infection, the exposures that led to infection, and the natural history of HIV infection. State and local health departments will investigate reported cases of HCWs and others with HIV infection for whom HIV may have been transmitted through occupational exposures. With the consent of the infected worker, the health department will collect information including: HIV test results; whether the route of exposure was percutaneous, mucous membrane, or skin; the type of device and procedure associated with the exposure; use of postexposure chemoprophylaxis; and other behavioral and transfusion risk factors for HIV infection. Reports, without identifying information, will be forwarded from the health department to CDC. The total cost to respondents is estimated at $1,250.

Average No. of re- No. of re- burden Total Respondents spondents sponses/re- /response burden spondent (in hrs.) (in hrs.)

Workers who may have occupation- ally acquired HIV infection ...... 100 1 0.5 50

Total ...... 50

5. Development and Implementation of a Comprehensive Evaluation for Project DIRECT (Diabetes Intervention: Reach- ing and Educating Communities Together—NEW—Diabetes mellitus is more prevalent among African-Americans than whites, and African-Americans with diabetes are more likely to suffer its devastating complications. Compared to whites, African-Americans are more likely to develop blindness and end-stage renal disease and are more likely to have amputa- tions. In addition, cardiovascular risk factors are more prevalent among African-Americans than whites and African- Americans are more likely to die with diabetes than are whites. In response to this disparity, the Centers for Disease Control and Prevention (CDC) has launched a large-scale community intervention trial known as Project DIRECT (Diabetes Intervention: Reaching and Educating Communities Together). Based in Raleigh, North Carolina, and sponsored by CDC’s Division of Diabetes Translation, Project DIRECT will serve as a model for multilevel community-based diabetes prevention and control programs for urban African-Americans. This evaluation will determine the effect of (1) diabetes care; (2) outreach, and (3) health promotion interventions in the targeted community and compare this effect to a control community. The intervention activities focus on the African-American population of a geographically defined area of southeast Raleigh, North Carolina. The control community Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices 18611 is Greensboro, North Carolina. The populations consist primarily of African-Americans. Health care providers will be identified and solicited from practicing physicians in Raleigh and Greensboro. The survey will be conducted in four phases. Phase I will randomly identify and solicit participation from household members with and without diabetes from the control and intervention communities. In Phase II, participants with and without diabetes will be randomly selected and administered the survey questionnaire upon granting informed consent. During Phase III, persons with diabetes will undergo a brief physical exam that will consist of physical measures for height, weight, blood pressure, and body mass index. In addition, collection of a venous blood sample and urine sample will be performed. In Phase IV, interviewers will administer a questionnaire to primary care physicians about their knowledge, attitude and practice patterns for caring for persons with diabetes. This study will undergo Institutional Review Board reviews and comply with human subject assurances in accordance with federal regulations. The total cost to respondents is estimated at $41,160.

Avg. bur- No. of re- No. of re- den/re- Total Respondents spondents sponses/re- sponse burden spondent (in hrs.) (in hrs.)

Households ...... 8,000 1 0.3333 2,666 Persons without diabetes ...... 1,600 1 0.5 800 Persons with diabetes ...... 600 1 0.5 300 Primary Care Physicians ...... 140 1 0.5 70

Total ...... 3,836

6. National Disease Surveillance Program I—(0920–0009)—Extension—Formal surveillance of 21 separate reportable diseases has been ongoing to meet the public demand and scientific interest for accurate, consistent epidemiologic data. The diseases include: HIV/AIDS, bacterial meningitis, dengue, idiopathic CD4+ T-lymphocytopenia, kawasaki syn- drome, legionellosis, Hansen’s Disease, lyme disease, malaria, pertussis, plague, poliomyelitis, psittacosis, Reye Syndrome, Rocky Mountain Spotted Fever, Tetanus, Toxic Shock Syndrome, toxocariasis, trichinosis, typhoid fever, and viral hepatitis. Case report forms enable CDC to collect demographic, clinical, and laboratory characteristics of cases of these diseases. This information is used to direct epidemiologic investigations, to identify and monitor trends in reemerging infectious diseases or emerging modes of transmission, to search for possible causes or sources of the diseases, and to develop guidelines for prevention and or treatment. It is also used to recommend target areas in most need of vaccinations for certain diseases and to determine development of drug resistance. Because of the distinct nature of each of the diseases, the number of cases reported annually is different for each. The total cost to respondents is estimated at $818,184.

No. of re- Avg. burden Total Respondents No. of re- sponses/re- response burden spondents spondent (in hrs.) (in hrs.)

Health Care Workers ...... 125,214 1 0.5 34,091

Total ...... 34,091

Dated: April 22, 1996. Paperwork Reduction Act of 1995, Food and Drug Administration, 5600 Wilma G. Johnson, Federal agencies are required to publish Fishers Lane, rm. 16B–19, Rockville, Acting Associate Director for Policy Planning notice in the Federal Register MD 20857, 301–827–1686. and Evaluation, Centers for Disease Control concerning each collection of SUPPLEMENTARY INFORMATION: Section and Prevention (CDC). information and to allow 60 days for 3506(c)(2)(A) of the Paperwork [FR Doc. 96–10356 Filed 4–25–96; 8:45 am] public comment in response to the Reduction Act of 1995 (44 U.S.C. BILLING CODE 4163±18±P notice. This notice solicits comments on 3506(c)(2)(A)) requires Federal agencies a survey of male and female consumers to provide 60-day notice in the Federal regarding various formats for presenting Register concerning each proposed Food and Drug Administration risk and benefit information in drug collection of information. ‘‘Collection of [Docket No. 96N±0010] labeling. information’’ is defined in 44 U.S.C. DATES: Submit written comments by 3502(3) and 5 CFR 1320.3(c). To comply Agency Information Collection June 25, 1996. with this requirement, FDA is Activities; Proposed Collection; ADDRESSES: Submit written comments publishing notice of the proposed Comment Request to the Dockets Management Branch collection of information listed below. AGENCY: Food and Drug Administration, (HFA–305), Food and Drug With respect to the following HHS. Administration, 12420 Parklawn Dr., collection of information, FDA invites rm. 1–23, Rockville, MD 20857. All ACTION: Notice. comments on: (1) Whether the proposed comments should be identified with the collection of information is necessary SUMMARY: The Food and Drug docket number found in brackets in the for the proper performance of FDA’s Administration (FDA) is announcing an heading of this document. functions, including whether the opportunity for public comment on the FOR FURTHER INFORMATION CONTACT: information will have practical utility; proposed collection of certain Charity B. Smith, Office of Information (2) the accuracy of FDA’s estimate of the information by the agency. Under the Resources Management (HFA–250), burden of the proposed collection of 18612 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices information, including the validity of Communications Branch of FDA’s prescription and one OTC drug. the methodology and assumptions used; Division of Drug Marketing, Subjects will be recruited at large (3) ways to enhance the quality, utility, Advertising, and Communications is shopping malls. They will be brought to and clarity of the information to be studying the effectiveness of various a private interview room where they collected; and (4) ways to minimize the formats for the presentation of risk and will examine the materials, and a burden of the collection of information benefit information for over-the-counter structured interview will be conducted. on respondents, including the use of (OTC) and prescription drugs to male Equal numbers of subjects of each automated collection techniques, when and female patients through patient gender will be included in each study. appropriate, and other forms of labeling. To gain information about the In addition, there will be a control information technology. value and utility of benefit and risk group for each study that receives ‘‘no- Section 1701(a)(4) of the Public information presented in several risk’’ information labels for the drugs. Health Service Act (42 U.S.C. formats, three studies will be There will be 2,160 experimental 300u(a)(4)) authorizes FDA to conduct undertaken. In each study subjects will research relating to health information. examine materials varied by one or subjects and 540 control subjects, for a The Marketing Practices and more risk formatting variables for one total of 2,700 respondents.

ESTIMATED ANNUAL REPORTING BURDEN

Annual fre- No. of respondents quency per Total annual Hours per Total hours response responses response

2,700 ...... 1 1 .5 1,350 There are no capital costs or operating and maintenance costs associated with this collection.

Dated: April 19, 1996. ensure comments are considered for the documents which may be available as William K. Hubbard, next revision, they should be submitted an ASCII text file (*.TXT), or a Associate Commissioner for Policy by July 25, 1996. WordPerfect 5.1 or 6.x document Coordination. ADDRESSES: CBER Information: Submit (*.w51,wp6), or both. Finally, the [FR Doc. 96–10302 Filed 4–25–96; 8:45 am] written requests for single copies of the document can be obtained by ‘‘bounce- BILLING CODE 4610±01±M document entitled ‘‘FDA Guidance back e-mail’’. A message should be sent Concerning Demonstration of to: ‘‘[email protected]’’. Comparability of Human Biological [Docket No. 96D±0132] CDER Information: For additional Products, Including Therapeutic copies of this guidance, contact the Guidance Concerning Demonstration Biotechnology-derived Products’’ to the Division of Communications of Comparability of Human Biological Division of Congressional and Public Management (HFD–210), Center for Products; Availability Affairs (HFM–44), Center for Biologics Drug Evaluation and Research (CDER), Evaluation and Research (CBER), Food Food and Drug Administration, 5600 AGENCY: Food and Drug Administration, and Drug Administration, 1401 Fisher’s Lane, Rockville, MD 20857, HHS. Rockville Pike, Rockville, MD 20852– 301–594–1012. Send one self-addressed ACTION: Notice. 1448. Send one self-addressed adhesive adhesive label to assist that office in label to assist that office in processing SUMMARY: The Food and Drug processing your requests. An electronic your requests. The document may also version of this guidance is also available Administration (FDA) is announcing the be obtained by FAX by calling the CBER availability of a document entitled via Internet using FTP, Gopher or the Voice Information System at 1–800– World Wide Web (WWW). For FTP, ‘‘FDA Guidance Concerning 835–4709. Persons with access to the Demonstration of Comparability of connect to the CDER anonymous FTP INTERNET may obtain the document in server at cdvs2.cder.fda.gov and change Human Biological Products, Including several ways. Users of ‘‘Web Browser’’ Therapeutic Biotechnology-derived to the ‘‘guidance’’ directory. For Gopher, software, such as Mosaic, Netscape, or connect to the CDER Gopher server at Products.’’ Manufacturing process, Microsoft Internet Explorer may obtain equipment, and/or facilities changes gopher.cder.fda.gov and select the this document via the World Wide Web ‘‘Industry Guidance’’ menu option. For have the potential to alter a product and by using the following Uniform WWW, connect to the FDA Home Page affect its safety, identity, purity, and Resource Locators (URL’s):http:// at http://www.fda.gov./ potency. Therefore, manufacturers www.fda.gov/cber/cberftp.htmlftp:// fdahomepage.htlm. should carefully assess such changes ftp.fda.gov/CBER/ and should evaluate the product The document may also be obtained Submit written comments on the resulting from these changes for via File Transfer Protocol (FTP). document to the Dockets Managements comparability to the pre-existing Requesters should connect to the FDA Branch (HFA–305), Food and Drug product. This guidance document is FTP Server, FTP.FDA.GOV Administration, 12420 Parklawn Dr., intended to address the concept of (192.73.61.21). The Center for Biologics rm. 1–23, Rockville, MD 20857. comparability and delineates those Evaluation and Research (CBER) Corporations should submit two copies analyses that manufacturers should documents are maintained in a of any comments and individuals may perform and which FDA will evaluate to subdirectory called ‘‘CBER’’ on the submit one copy. Requests and allow more rapid implementation of server. Logins with the user name of comments should be identified with the manufacturing changes for these types anonymous are permitted, and the docket number found in brackets in the of products. user’s e-mail address should be sent as heading of this document. A copy of the DATES: Written comments may be the password. The ‘‘READ.ME’’ file in document and received comments are submitted at any time, however, to that subdirectory describes the available available for public examination in the Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices 18613

Dockets Management Branch between 9 consideration when reviewing the Health Resources and Services a.m. and 4 p.m., Monday through comparability data that are submitted. Administration Friday. Sponsors are encouraged to discuss FOR FURTHER INFORMATION CONTACT: proposed testing programs with FDA Maternal and Child Health Services; Annette Ragosta, Center for Biologics before implementing them, especially in Federal Set-Aside Program; Evaluation and Research (HFM–630), those cases where they expect Continuing Education and Food and Drug Administration, 1401 differences to result from the Development Cooperative Agreements Rockville Pike, Rockville, MD 20852– manufacturing changes. This document AGENCY: Health Resources and Services 1448, 301–594–3074. does not describe how changes are to be Administration (HRSA), PHS. SUPPLEMENTARY INFORMATION: FDA reported or which changes require prior ACTION: Notice of availability of funds. acknowledges that changes in product approval. Manufacturers should consult manufacture may occur during product current regulations and guidance SUMMARY: The HRSA announces that development and subsequent to product documents regarding reporting and applications will be accepted for fiscal approval. Manufacturers frequently approval submissions. year (FY) 1996 funds for Maternal and upgrade and refine a product’s Child Health (MCH) Special Projects of production process as technology As with other guidance documents, Regional and National Significance advances and as they gain experience FDA does not intend this document to (SPRANS) Continuing Education and with the product. Historically, because be all inclusive. The document is Development (CED) cooperative of the limited ability to characterize the intended to provide information and agreements to support national identity and structure of the clinically does not set forth requirements. education, information, and public active component(s) and measure its Manufacturers may follow the policy projects in maternal and child activity, a biological product was often document or may choose to use health. Awards will be made under the defined by its manufacturing process, alternative procedures that are not program authority of section and manufacturers of biological provided in this document. If a 502(a)(2)(A) of the Social Security Act, products sought to minimize changes to manufacturer chooses to use alternative the training provision of the MCH the manufacturing process to avoid procedures, that manufacturer may wish Federal Set-Aside Program. SPRANS performing additional clinical studies to to discuss the matter further with FDA training projects may be awarded only verify the safety, purity, and potency of to prevent expenditure of resources to to public or nonprofit private the finished product. Due to advances in generate data on activities that FDA may institutions of higher learning. Within biologics research and manufacturing, later determine to be unacceptable. the HRSA, MCH CED cooperative including the ability to make well- Although this guidance document agreements are administered by the characterized biotechnology-derived Maternal and Child Health Bureau does not create or confer any rights for products, a manufacturer may change a (MCHB). Awards under this or on any person and does not operate manufacturing process without FDA announcement are made for grant requiring additional clinical studies if to bind FDA or the public, it does periods of up to 5 years in duration. test data demonstrate that the product is represent the agency’s current thinking This program announcement is comparable to the product on the demonstration of comparability subject to the appropriation of funds. manufactured before the change. of human biological products, including Applicants are advised that this Therefore, FDA is publishing this therapeutic biotechnology-derived program announcement is a contingency guidance document to further clarify products. action being taken to assure that should situations in which sponsors may make Interested persons may submit to the funds become available for this purpose, manufacturing changes and perform Dockets Management Branch (address they can be awarded in a timely fashion comparability testing to assure that the above) written comments on the consistent with the needs of the approved product is pure, potent, and guidance document. FDA will review program as well as to provide for even safe. the comments received and if distribution of funds throughout the Manufacturers should perform appropriate consider preparing a revised fiscal year. At this time, given a comparability testing to demonstrate guidance document based upon that continuing resolution and the absence that identity, purity, potency, and safety review. However, CBER notes that it has of FY 1996 appropriations for the of the product have not been affected by made comparability assessments when SPRANS program, the amount of changes in the manufacturing process, available funding for this specific grant approving /products in the past and will equipment, or facilities. This guidance program cannot be estimated. document discusses principles and continue to do so during the comment The Public Health Service (PHS) is categories of tests which may be period. FDA will announce the committed to achieving the health performed to demonstrate product availability of this revised guidance promotion and disease prevention comparability, but does not discuss document in the Federal Register if objectives of Healthy People 2000, a specific manufacturing changes. FDA revises its comparability policy as PHS-led national activity for setting Comparability testing programs may a result of public comment. priority areas. The MCH Block Grant include a combination of analytical Dated: April 22, 1996 Federal Set-Aside Program addresses testing, bioassays, preclinical animal William K. Hubbard, issues related to the Healthy People studies, and clinical studies. Since each 2000 objectives of improving maternal, Associate Commissioner for Policy product may present unique concerns, infant, child and adolescent health and Coordination. the type of change, the relevance of developing service systems for children validated analytical and biological [FR Doc. 96–10426 Filed 4–25–96; 8:45 am] with special health care needs. Potential assays used, the stage of product BILLING CODE 4160±01±F applicants may obtain a copy of Healthy development, and the clinical program People 2000 (Full Report: Stock No. should be considered by manufacturers 017–001–00474–0) or Healthy People when designing a comparability 2000 (Summary Report: Stock No. 017– program. FDA will take all of these into 001–00473–1) through the 18614 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices

Superintendent of Documents, contact persons identified below. publications drawn from customized Government Printing Office Requests for information concerning databases. Washington, DC 20402–9325 business management issues should be Special Concerns (telephone: 202 783–3238). directed to: Acting Grants Management The PHS strongly encourages all grant Officer (GMO), MCHB, at the address In its administration of the MCH recipients to provide a smoke-free specified in the ADDRESSES section. Services Block Grant, the MCHB places workplace and promote the non-use of special emphasis on improving service SUPPLEMENTARY INFORMATION: all tobacco products. In addition, Public delivery to women and children from Law 103–227, the Pro-Children Act of Program Background and Objectives racial and ethnic minority populations 1994, prohibits smoking in certain who have had limited access to care. facilities (or in some cases, any portion Under Section 502 of the Social This means that SPRANS projects are of a facility) in which regular or routine Security Act, 15 percent of the funds are expected to serve and appropriately education, library, day care, health care to be set-aside by the Secretary to involve in project activities individuals or early childhood development support (through grants, contracts, or from the populations to be served, services are provided to children. otherwise) special projects of regional unless there are compelling and national significance, including ADDRESSES: Grant application materials programmatic or other justifications for research, and training with respect to for MCH CED cooperative agreements not doing so. The MCHB’s intent is to maternal and child health and children must be obtained from and submitted to: ensure that project interventions are with special health care needs Chief, Grants Management Branch, responsive to the cultural and linguistic (including early intervention training Office of Operations and Management, needs of special populations, that and services development). The MCH Maternal and Child Health Bureau, services are accessible to consumers, SPRANS set-aside was established in Health Resources and Services and that the broadest possible 1981. Support for projects covered by representation of culturally distinct and Administration, Room 18–12, Parklawn this announcement will come from the historically underrepresented groups is Building, 5600 Fishers Lane, Rockville, SPRANS set-aside. supported through programs and Maryland 20857, (301) 443–1440. projects sponsored by the MCHB. This Applicants will use Form PHS 6025–1, Continuing Education and same special emphasis applies to approved by OMB under control Development (CED) training includes improving service delivery to children number 0915–0060. You must obtain efforts conducted by an institution of higher learning such as short-term, non- with special health care needs. application materials in the mail. In keeping with the goals of Federal Register notices and degree programs, courses, workshops, advancing the development of human application guidance for MCHB conferences, symposia, institutes, and potential, strengthening the Nation’s long distance learning strategies; and/or programs are available on the World capacity to provide high quality development or enhancement of Wide Web via the Internet at address: education by broadening participation curricula, guidelines, standards of http://www.os.dhhs.gov/hrsa/mchb. in MCHB programs of institutions that practice, and educational tools/ Click on the file name you want to may have perspectives uniquely strategies. Continuing Education and download to your computer. It will be reflecting the Nation’s cultural and Development focuses on increasing saved as a self-extracting (Macintosh or) linguistic diversity, and increasing leadership skills of MCH professionals; Wordperfect 5.1 file. To decompress the opportunities for all Americans to facilitating timely transfer and file once it is downloaded, type in the participate in and benefit from Federal > application of new information, file name followed by a and comment should the permit be habitat ( 80 years old) on the Tree Farm been assigned permit number PRT– issued. The FWS is taking in harvest deferrals until ingrowth of 804124. The requested permit, which is administrative responsibility for additional older, higher quality habitat for a period of 2 years, authorizes the announcing the availability of the occurs. Measures to maintain important incidental take of the black-footed ferret aforementioned documents. All habitat structures such as wildlife trees, which may occur as a result of comments received will become part of snags and downed logs would be nocturnal surveys of a 150-acre black- the public record and may be released. implemented on all harvest units. tailed prairie dog colony in Chaves This notice is provided pursuant to Further, riparian measures designed to County, New Mexico. section 10(c) of the Act and National protect stream associated amphibians, DATES: Written comments on the Environmental Policy Act regulations and anadromous and resident fish application should be received on or (40 CFR 1506.6). would be implemented along streams. Additional benefits to these riparian before May 28, 1996. DATES: Written comments on the permit species would be provided by ADDRESSES: Persons wishing to review application, EA, and draft permit improvements to road construction and the application may obtain a copy by conditions should be received on or maintenance techniques. contacting to the Chief, Ecological before May 28, 1996. Implementation of all measures would Services/Endangered Species, U.S. Fish ADDRESSES: Comments regarding the be initiated immediately upon issuance and Wildlife Service, P.O. Box 1306, application or EA should be addressed of the permit, and would continue for Albuquerque, New Mexico 87103. The to Mr. Curt Smitch, Assistant Regional the term of the permit. request must be received by the Chief, The EA considers the environmental Director, U.S. Fish and Wildlife Service, Ecological Services/Endangered Species consequences of 3 alternatives, 3704 Griffin Lane, SE, Suite 102 within 30 days of the date of this including the proposed action and no- Olympia, Washington 98501 (360–753– publication. Please refer to permit action alternatives. The proposed action 9440). Please refer to permit PRT– number PRT–804124 when submitting alternative is the issuance of the permit 813744 when submitting comments. comments. under section 10(a) of the Act that Individuals wishing copies of the would authorize incidental take of listed SUPPLEMENTARY INFORMATION: Section 9 application, EA, or draft permit species, and signing of the IA to cover of the Act prohibits the ‘‘taking’’ of conditions, for review should currently unlisted species, that may endangered species such as the black- immediately contact the above office. occur in the habitats on the Applicant’s footed ferret. However, the Service, FOR FURTHER INFORMATION CONTACT: Tree Farm. The proposed action would under limited circumstances, may issue Brian Bogaczyk, U.S. Fish and Wildlife require the Applicant to implement the permits to take endangered wildlife Service at (360) 753–5824, or Matt HCP. Under the no-action alternative, species when such take is for scientific Longenbaugh, National Marine Fisheries the Applicant would continue to abide purposes. Regulations governing Service at (360) 753–7761, at the by section 9 take prohibitions under the permits for endangered species are at 50 address listed above. Act; an incidental take permit would CFR 17.22. 18618 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices

Applicant future, the permit would take effect original permit application also may be Scott Ellis plans to conduct nocturnal upon the listing of those species. viewed by appointment, during normal An Environmental Assessment/Initial business hours, at the above address. black-footed ferret surveys on a 150-acre Study Mitigated Negative Declaration prairie dog colony. Permit number PRT– (EA/IS) for the proposed permit Background 804124 has been assigned to this issuance and draft Subarea HCP was The EA/IS, circulated in June 1995, applicant, and this permit is valid for a circulated for public review in June, evaluated four alternatives including the period of 2 years. 1995, in accordance with the National proposed action (issuance of the Nancy M. Kaufman, Environmental Policy Act (NEPA) and incidental take permit). The three Regional Director, Region 2, Albuquerque, California Environmental Quality Act alternatives to the proposed action are New Mexico. regulations (60 FR 32337). On August summarized below and incorporated by [FR Doc. 96–10325 Filed 4–25–96; 8:45 am] 15, 1995, the Poway City Council reference in the supplemental EA, but BILLING CODE 4510±55±P approved the Subarea HCP with the analysis of these alternatives is not stipulation that participation in the HCP repeated in the supplemental EA. Under by private property owners would be the No Action Alternative, the proposed Availability of a Revised Habitat optional, and not mandatory as HCP would not be implemented. The Conservation Plan and Supplement to originally proposed. Private property applicants would either avoid take of a Previously Circulated Environmental owners who do not wish to be included listed species within the planning area, Assessment Evaluating Proposed in the Subarea HCP and want to develop or apply for individual 10(a)(1)(B) Issuance of Incidental Take Permit their property in a manner that would permits on a project-by-project basis. PRT±803743 to the City of Poway and result in take of a listed species would Existing land use and environmental Its Redevelopment Agency in San obtain development approvals through regulations would apply to all projects Diego County, CA the traditional endangered species proposed within the planning area. permit process under either section 10 Existing regulatory practices require AGENCY: Fish and Wildlife, Interior. or section 7 of the Act. A supplemental mitigation for impacts to sensitive ACTION: Notice of availability. EA has been prepared to evaluate the species and habitats resulting in lands effects of changing the plan from being set aside for open-space SUMMARY: The City of Poway and its mandatory to voluntary private preservation; however, greater habitat Redevelopment Agency (applicants) landowner participation. The Subarea fragmentation would likely occur under have applied to the U.S. Fish and HCP also has been revised accordingly the No Action Alternative than the Wildlife Service (Service) for an and an errata sheet prepared. This Proposed Alternative because the lands incidental take permit (PRT–803743) notice advises the public that the set aside for open-space preservation pursuant to section 10(a)(1)(B) of the supplemental EA and revised HCP are would not be assembled in a Endangered Species Act of 1973, as available for review and comment. All coordinated preserve system. Under a amended (Act). The application package comments received, including names 100 Percent Preservation of Mitigation includes a Subarea Habitat Conservation and addresses, will become part of the Area Alternative, all identified habitat Plan (HCP) and Implementing administrative record and may be made and species within the Mitigation Area Agreement (IA). The proposed available to the public. This notice is would be preserved. Development incidental take would occur as a result provided pursuant to section 10(c) of would be prohibited within the of habitat disturbance associated with the Act and NEPA regulations (40 CFR proposed Mitigation Area boundary residential and limited municipal 1506.6). except on already disturbed areas where development in the City of Poway, San such development would not impact the Diego County, California. DATES: Written comments should be received on or before May 28, 1996. viability of the proposed Mitigation The requested permit would authorize Area. Under the Modified Mitigation ADDRESSES: Comments regarding the the incidental take of 4 animal species Area Alternative, the proposed adequacy of the supplemental EA and listed as endangered and 2 animal Mitigation Area boundary would consist revised HCP should be addressed to Mr. species listed as threatened. The only of lands already preserved in Gail Kobetich, Field Supervisor, U.S. applicants also have requested coverage Poway; i.e., cornerstone lands as for an additional 37 unlisted, sensitive Fish and Wildlife Service, 2730 Loker identified in the Subarea HCP, parcels species (11 plant, 26 animal), including Avenue West, Carlsbad, CA 92008; FAX purchased for mitigation of the Scripps- three proposed endangered species. Of (619) 431–9618. Poway Parkway Extension project, and these 43 species, 22 are known to occur FOR FURTHER INFORMATION CONTACT: Ms. slopes over 45 percent within the within the City of Poway. The June 21, Nancy Gilbert, Fish and Wildlife Mitigation Area. 1995, Notice of Availability (60 FR Biologist, at the above address, Under the Proposed Alternative, 32337) inadvertently omitted mention of telephone (619) 431–9440. changing participation in the Subarea the remaining 21 species. These 21 SUPPLEMENTARY INFORMATION: HCP from mandatory to optional for species either are not known to occur private property owners could modestly within Poway or the impacts of the HCP Availability of Documents increase impacts to native vegetation on the species were considered to be Copies of the Supplemental EA and and species, as well as fragmentation in insignificant (discountable, minor in HCP errata sheet will be sent to biological core and linkage areas relationship to the species as a whole, everyone on the original distribution list important to overall preserve design. or not reasonably expected to occur). or who commented on the permit However, existing regulations that The HCP proposes to conserve all 43 application during the initial public afford protection to listed species would species according to standards required comment period. Other individuals who reduce these effects. In cases where for listed species under the Act. The wish to receive copies of the private property owners choose not to applicant has requested that all 43 supplemental EA or revised HCP for participate in the Subarea HCP, species be included in the permit. In the review should immediately contact Ms. preservation of open space and event that any of the 43 species that are Gilbert. Copies of the supplemental EA, avoidance or mitigation for biological currently unlisted become listed in the Subarea HCP, HCP errata sheet, and impacts would still occur in accordance Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices 18619 with local, State, and Federal Subarea HCP to optional participation SUMMARY: Notice is hereby given that regulations, but possibly in a less for private property owners are expected the Bureau of Indian Affairs (BIA) will organized, more piece-meal fashion. to be minimal. conduct tribal consultation meetings to Consistent standards may not be Dated: April 22, 1996. obtain comments concerning potential followed, and open space linkages may Thomas J. Dwyer, issues in Indian education programs. In be more difficult to plan, assemble, and addition to issues which may be raised maintain. In many cases, however, Deputy Regional Director, Region 1, Portland, Oregon. by tribes and tribal organizations, the participation in the voluntary HCP is [FR Doc. 96–10358 Filed 4–25–96; 8:45 am] BIA has identified the following issues likely to benefit landowners in terms of to be addressed at these meetings: time and money relative to obtaining BILLING CODE 4310±55±P School Attendance Boundaries, Element individual permits under the Act, 10 Formula, National Performance resulting in a strong incentive for Bureau of Indian Affairs owners of parcels supporting listed Review Project and School Reform Initiative. species to participate in the Subarea Request for Public Comment on Indian HCP. Given the large amount of public Education Topics DATES: The dates and locations of the land dedicated as biological open space tribal consultation meetings are listed in Poway, the relatively low level of AGENCY: Bureau of Indian Affairs, below. All meetings will begin at 9:00 habitat impacts expected on private Interior. a.m. and continue until 3:00 p.m., local lands, and the strength of existing local, ACTION: Notice of Tribal Consultation on time. State, and Federal environmental Indian Education Topics and Comment protection regulations, adverse effects Period. on listed species of changing the

Date Location BIA contact and telephone number

May 1, 1996 UTEC, Bismarck, North Dakota ...... Cherie Farlee, (605) 964±8722. May 2, 1996 Rode Way Inn, Green Bay, Wisconsin ...... Terry Portra, (612) 373±1090. May 2, 1996 Southern Pueblos Agency, Albuquerque, New Mexico ...... Benjamin Atencio, (505) 766±3034. May 2, 1996 Holiday Inn, Gallup, New Mexico ...... Andrew Tah, (520) 283±2218. May 7, 1996 Tribal Council, Cherokee, North Carolina ...... LaVonna Weller, (703) 235±3233. May 9, 1996 Marriott, Oklahoma City, Oklahoma ...... Judy Littleman, (405) 945±6051. May 10, 1996 Area Office, Billings, Montana ...... Larry Parker, (406) 247±7953. May 13, 1996 Area Office, Anchorage, Alaska ...... Robert Pringle, (907) 271±4115. May 14, 1996 Holiday Inn, Phoenix, Arizona ...... Angelita Felix, (520) 262±3557. May 15, 1996 Area Office, Sacramento, California ...... Fayetta Babby, (916) 979±2560. May 21, 1996 Red Lion, Pendelton, Oregon ...... John Reimer, (503) 872±2743.

All comments must be received by the local contact persons prior to and at Office, P.O. Box 36800, Billings, close of business June 15, 1996. Written each meeting. Montana 59107, 406–255–2949. comments must be mailed to the Office Dated: April 17, 1996. SUPPLEMENTARY INFORMATION: A Notice of Indian Education Programs, MS– Ada E. Deer, of proposed withdrawal was published 3512–MIB, OIE–32, 1849 C Street, NW, Assistant Secretary—Indian Affairs. in the Federal Register, 59 FR 30951, Washington, D.C. 20240, Attn: Mr. [FR Doc. 96–10303 Filed 4–25–96; 8:45 am] June 16, 1994, which segregated the Goodwin K. Cobb III, or hand delivered BILLING CODE 4310±02±M land described therein for up to 2 years to Room 3512 at the same address. from location and entry under the Telefax responses may be transmitted to mining laws, subject to valid existing Mr. Cobb at (202) 273–0030. Bureau of Land Management rights, but not from other forms of FOR FURTHER INFORMATION CONTACT: disposition which may by law be made Goodwin K. Cobb III or Dr. Jim Martin [MT±924±1430±01; MTM 83069] of National Forest System land. The 2- at the above address or call (202) 208– year segregation expires June 15, 1996. 3550. Opening of Land in a Proposed The withdrawal application will SUPPLEMENTARY INFORMATION: These Withdrawal; Montana continue to be processed, unless it is tribal consultation meetings are a canceled or denied. The land is AGENCY: follow-up to similar meetings conducted Bureau of Land Management, described as follows: Interior. by the BIA since 1990. The purpose of Principal Meridian, Montana ACTION: Notice. the tribal consultation, as required by 25 T. 10 S., R. 1 W., U.S.C. 2011(b), is to provide Indian 1 1 1 SUMMARY: The temporary 2-year Sec. 31, lots 3 and 4, E ⁄2, and E ⁄2SW ⁄4; tribes, school boards, parents, Indian 1 4 1 2 1 4 1 4 segregation of a proposed withdrawal of Sec. 32, NE ⁄ , W ⁄ , NE ⁄ SE ⁄ , and organizations and other interested W1⁄2SE1⁄4. 1,800.10 acres of National Forest System parties with an opportunity to comment T. 11 S., R 1 W., land for the Cave Mountain Research 1 1 1 on potential issues raised during Sec. 5, W ⁄2NE ⁄4 and NW ⁄4; Natural Area expires on June 15, 1996, 1 1 1 previous consultation meetings or being Sec. 6, N ⁄2 and N ⁄2S ⁄2. and the land will be open to mining. It considered by the BIA regarding Indian The area described contains 1,800.10 acres has been and remains open to surface education programs. A consultation in Madison County. entry and mineral leasing. booklet is being distributed to federally At 9 a.m., on June 15, 1996, the land recognized Indian tribes, BIA Area and EFFECTIVE DATE: June 15, 1996. will be opened to location and entry Agency Offices and BIA-funded schools. FOR FURTHER INFORMATION CONTACT: under the United States mining laws, The booklets will also be available from Sandra Ward, BLM Montana State subject to valid existing rights, the 18620 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices provisions of existing withdrawals, 2. All minerals. Clark County, Nevada. This action will other segregations of record, and the and will be subject to: open the 10 acres to surface entry and requirements of applicable law. 1. A right-of-way thereon to Williams mining, subject to valid existing rights, Appropriation of any lands described in Telecommunications Group-West., Inc., the provision of existing withdrawals, this order under the general mining for a fiber-optics line, grant number N– other segregation of record, and the laws prior to the date and time of 43923 (090 STAT 2776; 43 U.S.C. 1761). requirements of applicable law. restoration is unauthorized. Any such 2. A right-of-way thereon to Nevada EFFECTIVE DATE: May 28, 1996. Department of Transportation for a attempted appropriation, including FOR FURTHER INFORMATION CONTACT: Federal Aid Highway, grant number attempting adverse possession under 30 Dennis J. Samuelson, BLM Nevada State CC–018337 (042 STAT 0216). U.S.C. 38 (1988), shall vest no rights Office, P.O. Box 12000, Reno, Nevada 3. A right-of-way thereon to Nevada against the United States. Acts required 89520, 702–785–6532. to establish a location and to initiate a Department of Transportation for a SUPPLEMENTARY INFORMATION: A Notice right of possession are governed by State Federal Aid Highway, grant number of Proposed Withdrawal was published law where not in conflict with Federal Nev–057852 [072 STAT 0916; 23 U.S.C. in the Federal Register, 59 FR 60998, law. The Bureau of Land Management 317(A)]. Upon publication of this notice November 29, 1994, which segregated will not intervene in disputes between in the Federal Register, the above the lands described therein from rival locators over possessory rights, described land will be segregated from settlement, sale, location, or entry under since Congress has provided for such all forms of appropriation under the the general land laws, including the determinations in local courts. public land laws, including the general mining laws, except for sales and mining laws, subject to valid existing Dated: April 18, 1996. disposals under the mineral disposal rights. The Corps of Engineers has Thomas P. Lonnie, laws. This segregation will terminate determined that certain lands will not Deputy State Director, Division of Resources. upon issuance of a patent or 270 days be needed in connection with the flood [FR Doc. 96–10324 Filed 4–25–96; 8:45 am] from the date of publication, whichever control facilities and has cancelled its BILLING CODE 4310±DN±P occurs first. For a period of 45 days from application for those lands. The lands the date of publication of this notice in are described as follows: [NV±943±1430:N±59594] the Federal Register, interested parties Mount Diablo Meridian may submit comments to the District T. 21 S., R. 60 E., Notice of Realty Action: Non- Manager, Las Vegas District, 4765 West Sec. 25, E1⁄2SW1⁄4SE1⁄4SE1⁄2 and Competitive Sale of Public Lands Vegas Drive, Las Vegas, NV 89108. Any W1⁄2SE1⁄4SE1⁄4SE1⁄4. adverse comments will be reviewed by The lands described aggregate 10 acres in ACTION: Notice. the State Director who may sustain, Clark County. SUMMARY: The following described vacate or modify this realty action. In 1. At 9 a.m. on May 28, 1996, the public land in Clark County, Nevada, the absence of any adverse comments, lands will be opened to the operation of has been examined and found suitable this realty action will become the final the public land laws generally, subject for sale utilizing non-competitive determination of the Department of the to valid existing rights, the provision of procedures, at not less than the fair Interior. The Bureau of Land existing withdrawals, other segregation market value. Authority for the sale is Management may accept or reject any or of record, and the requirements of Sections 203 and 209 of Public Law 94– all offers, or withdraw any land or applicable law. All valid applications 579, the Federal Land Policy and interest in the land from sale, if, in the received at or prior to 9 a.m. on May 28, Management Act of 1976 (43 U.S.C. opinion of the authorized officer, 1996, shall be considered as 1719) and Public Law 101–67, the Apex consummation of the sale would not be simultaneously filed at that time. Those Project, Nevada Land Transfer and fully consistent with Public Law 94– received thereafter shall be considered Authorization Act of 1989. 579, or other applicable laws. The land in the order of filing. will not be offered for sale until at least Mount Diablo Meridian, Nevada 2. At 9 a.m. on May 28, 1996, the 60 days after the date of publication of lands will be opened to location and T. 19 S., R. 63 E. this notice in the Federal Register. entry under the United States mining Sec. 8: S1⁄2NE1⁄4NW1⁄4SE1⁄4SE1⁄4, Dated: April 11, 1996. laws, subject to valid existing rights, the S1⁄2NW1⁄4SE1⁄4SE1⁄4, E1⁄2SE1⁄4SE1⁄4, SW1⁄4SE1⁄4SE1⁄4, those portions lying Michael F. Dwyer, provision of existing withdrawals, other southerly of U.S. Highway 15. District Manager. segregation of record, and the Sec. 9: S1⁄2S1⁄2SW1⁄4NW1⁄4SW1⁄4, [FR Doc. 96–10326 Filed 4–25–96; 8:45 am] requirements of applicable law. 1 2 1 4 1 4 W ⁄ SW ⁄ SW ⁄ , those portions lying BILLING CODE 1430±HC±P Appropriation of any of the lands westerly of State Highway 604. described in this order under the The parcels of land, situated in Clark general mining laws prior to the date County, NV, are being offered as a non- [NV±930±1430±01; N±59007] and time of restoration is unauthorized. competitive sale to Clark County as part Any such attempted appropriation, Partial Cancellation of Proposed including attempted adverse possession of the Apex Heavy Industrial Use Park. Withdrawal; Nevada The land is not required for any under 30 U.S.C. 38 (1988), shall vest no Federal purposes. The sale is consistent AGENCY: Bureau of Land Management, rights against the United States. Acts with current Bureau planning for this Interior. required to establish a location and to area and would be in the public interest. ACTION: Notice. initiate a right of possession are The patent, when issued, will contain governed by State law where not in the following reservations to the United SUMMARY: This notice terminates the conflict with Federal law. The Bureau of States: segregative effect of a proposed Land Management will not intervene in 1. A right-of-way for ditches and withdrawal insofar as it affects 10 acres disputes between rival locators over canals constructed by the authority of of public land requested by the possessory rights since Congress has the United States, Act of August 30, Department of the Army, Corps of provided for such determinations in 1890 (43 U.S.C. 945). Engineers for flood control facilities in local courts. Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices 18621

Dated: April 16, 1996. associations representing groups of NPS merchandise, including handcrafts, will William K. Stowers, concessioners, one from an interested accomplish these objectives to a much Lands Team Lead. environmental organization, one from greater extent than the exemption has in [FR Doc. 96–10327 Filed 4–25–96; 8:45 am] an Indian Tribe, one from a State the past. BILLING CODE 4310±HC±P agency, one from an individual, and 7 Nine commenters expressed concern from craftspersons or groups that elimination of the exemption may representing craftspersons. result in less sales of handcrafts, and National Park Service Analysis of Comments that gains in franchise fees may be offset by increased costs in entitlement Revision of Handcraft Exemption The following is an analysis of the programs for craftspersons who lose Policy comments received on the policy sales. They also expressed concern proposal NPS is adopting under this AGENCY: National Park Service, Interior. about the effect this might have on notice. artisans in rural communities. NPS ACTION: Revision of Policy on the Sixteen commenters felt that intends to take an increased proactive Exemption of Handcraft Sales from elimination of the franchise fee Franchise Fee Calculation. role in encouraging the development exemption would diminish the extent to and sale of theme-related handcrafts which handcrafts are marketed and sold SUMMARY: The National Park Service within the parks, and does not within the parks, or that elimination of (NPS) authorizes private businesses anticipate that the sale of handcrafted the exemption reflects a departure from known as concessioners to provide items will be significantly reduced or a long-established objective of NPS to necessary and appropriate visitor eliminated as a result of eliminating the encourage handcrafts and merchandise facilities and services in areas of the exemption. Rather, the emphasis that appropriate to the park and region. One National Park System. NPS is will be placed on merchandise of these commenters felt that NPS undertaking a review of its policies thematically related to the park and its should continue to do everything concerning concession management resources is likely to increase the sale of possible to continue to promote the sale activities. Pending completion of a full handcrafts and related items in most of Native American handcrafts in the review, NPS has amended its policy areas. parks. Elimination of the exemption regarding the exemption of gross does not change the NPS objective of Three commenters indicated that they receipts from the sale of United States encouraging handcrafts and felt that NPS efforts to extend franchise Indian and native handicrafts from merchandise appropriate to the park fees to concessioner sales from facilities franchise fee calculations. and region. It is important to note that outside the parks would be illegal. EFFECTIVE DATE: April 26, 1996. this policy revision is prospective in Elimination of the exemption has no FOR FURTHER INFORMATION CONTACT: nature. Existing contracts which provide effect on operations outside of park Robert Yearout, Chief, Concession for the exemption will not be affected by boundaries, and NPS does not intend to Program Division, National Park this policy change. However, new extend franchise fees to sales from Service, P.O. Box 37127, Washington, contracts will contain a provision facilities outside the parks. D.C. 20013–7127, Tele. (202) 343–3784. requiring that concessioners implement One commenter stated that finding SUPPLEMENTARY INFORMATION: On a plan to assure that all gift merchandise quality handcrafts and the individual January 17, 1995, the National Park is theme oriented specifically to the selection required is costly and time- Service published for public comment park in which they operate. A wide consuming, and that the proposal will in the Federal Register proposed range of specific local themes such as penalize concessioners who endeavor to amendments to certain concession geology, wildlife, plant life, present the finest of American policies. Two of these policy archaeology, applicable local or Native workmanship to park visitors. NPS amendments were adopted under American culture, and themes which believes that, in most cases, separate notice published on July 20, enhance the idea of conservation and concessioners have already identified 1995. The remaining policy amendment national park values will be used to and selected sources for handcrafted, proposed to eliminate the exemption establish the types of merchandise to be theme-related items and, consequently, from franchise fee computation of gross sold. NPS believes that this is a more the costs associated with finding receipts from the sale of Native positive approach to assuring that suppliers of appropriate handcraft items American handicrafts. In reviewing appropriate merchandise of all types is have been incurred while the exemption comments received on this proposal, offered for sale within the parks than was still in effect. As indicated NPS noted that the notice incorrectly simply exempting gross receipts from previously, existing contracts which limited this exclusion to Native the sale of certain items from franchise permit the exemption will not be American handicrafts, although the fees. This approach was also supported affected by this policy change, and new Standard NPS Concession Contract by one commenter, who felt that contracts will provide for a more refers to ‘‘genuine United States Indian concessioners should be encouraged to proactive approach to assuring that and native handicraft.’’ Because this is sell native handcrafts through other merchandise offered for sale is related to a much broader category than indicated means. the park theme. Accordingly, existing in the January 17, 1995, Federal Two commenters suggested that NPS concessioners will have the remainder Register notice, NPS published a should strengthen its policy by of their existing contract terms with the revised policy amendment for comment providing more attention to enforcement exemption still in effect to refine their in the Federal Register of July 20, 1995. and implementation, by narrowing the handcraft purchasing strategies. NPS received 23 comments scope of the exemption to encourage the Finally, one commenter suggested concerning its proposal to eliminate the sale in particular parks of genuine that NPS should postpone policy handcraft exemption from gross receipts handcrafts native to their regions, and changes in view of the legislative for the purpose of franchise fee by prohibiting the sale, outright, of proposals currently under consideration calculation. Ten of these comments imitation arts and crafts within the by the Congress. NPS disagrees, as none came from NPS concessioners or national parks. Again, NPS feels that its of these legislative proposals would associated companies, 2 from planned approach to the sale of directly affect this policy revision. 18622 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices

In consideration of the foregoing, the Meeting Date and Time: Thursday, agenda items with the Commission. The exclusion of gross receipts from the sale September 5, 1996 at 7:00 p.m. statement should be addressed to The of United States Indian and native Address: Bushkill School, Bushkill PA Delaware Water Gap National handicrafts for purposes of franchise fee 18324 Recreation Area Citizens Advisory calculation is hereby eliminated from Meeting Date and Time: Saturday, January Commission, P.O. Box 284, Bushkill, PA NPS Management Policies, Chapter 10, 11, 1997 at 9:00 a.m. 18324. Minutes of the meeting will be Address: Walpack Church, Walpack Center Section 9(d)(1) of the standard NJ 07881. available for inspection four weeks after concession contract language and Snow Date: January 18, 1997 at 9:00 a.m. the meeting at the permanent Chapters 24 and 28 of NPS–48, the headquarters of the Delaware Water Gap Concessions Guideline. The agenda for the meeting consists of National Recreation Area located on reports from Citizen Advisory Dated: April 8, 1996. River Road 1 mile east of U.S. Route Commission committees including: By- John Reynolds, 209, Bushkill, Pennsylvania. Laws, Natural Resources, Recreation, FOR FURTHER INFORMATION CONTACT: Director, National Park Service. Cultural and Historical Resources, [FR Doc. 96–10312 Filed 4–25–96; 8:45 am] Superintendent, Delaware Water Gap Intergovernmental and Public Affairs, National Recreation Area, Buchkill, PA BILLING CODE 4310±70±M Construction and Capital Project 18324, 717–588–2418. Implementation, as well as Special Committee Reports. Superintendent Dated: April 16, 1996. Delaware Water Gap National Roger K. Rector will give a report on Warren D. Beach, Recreation Area Citizens Advisory various park issues. Associate Field Director, Northeast Field Commission Meeting Area. SUPPLEMENTARY INFORMATION: The [FR Doc. 96–10309 Filed 4–25–96; 8:45 am] AGENCY: National Park Service, Interior. Delaware Water Gap National Recreation Area Citizens Advisory BILLING CODE 4310±10±M ACTION: Notice of meeting. Commission was established by Public Law 100–573 to advise the Secretary of SUMMARY: This notice announces three Upper Delaware Scenic and the Interior and the United States upcoming meetings of the Delaware Recreational River Citizens Advisory Congress on matters pertaining to the Water Gap National Recreation Area Council Citizens Advisory Commission. Notice management and operation of the of these meetings is required under the Delaware Water Gap National AGENCY: National Park Service, Interior. Federal Advisory Committee Act (Pub. Recreation Area, as well as on other ACTION: Notice of meeting. L. 92–463). matters affecting the Recreation Area Meeting Date and Time: Thursday, June 6, and its surrounding communities. SUMMARY: This notice sets forth the date 1996 at 7:00 p.m. The meeting will be open to the of the meetings of the Upper Delaware Address: Walpack Church, Walpack Center public. Any member of the public may Citizens Advisory Council for calendar NJ 07881. file a written statement concerning year 1996.

Dates Type of meeting ``Rain'' date Address

Apr. 9, 1996 ...... Business ...... None ...... NPS Resource Management Office, River Road, Milanville, Pennsylvania. June 11, 1996 ...... Business ...... None ...... NPS Headquarters, River Road, Beach Lake, Pennsylvania. Sept. 10, 1996 ...... Business ...... None ...... NPS Headquarters, River Road, Beach Lake, Pennsylvania. Nov. 12, 1996 ...... Business ...... None ...... Zane Grey House and Museum, Delaware Drive, Lackawaxen, Pennsylvania.

Press Releases containing specific SUPPLEMENTARY INFORMATION: The Minutes of the meeting will be available information regarding the subject of Advisory Council was established under for inspection four weeks after the each meeting, as well as special section 704 (f) of the National Parks and meeting, at the permanent headquarters informational programs, will be Recreation Act of 1978, Public Law 95– of the Upper Delaware Scenic and published in the following area 625, 16 USC s1724 note, to encourage Recreational River; River Road, 13⁄4 newspapers: maximum public involvement in the miles north of Narrowsburg, New York; The Sullivan County Democrat development and implementation of the Damascus Township, Pennsylvania. The Times Herald Record plans and programs authorized by the Dated: April 16, 1996. The River Reporter Act. The Council is to meet and report Warren Beach, to the Delaware River Basin The Tri-state Gazette Assistant Field Director, Northeast Field Area. Commission, the Secretary of the The Pike County Dispatch [FR Doc. 96–10310 Filed 4–25–96; 8:45 am] Interior, and the Governors of New York The Wayne Independent and Pennsylvania in the preparation BILLING CODE 4310±70±M The Hawley News Eagle and implementation of the management The Weekly Almanac plan, and on programs which relate to Availability of Plan of Operations; Announcements of cancellation due land and water use in the Upper Mining Operation; Jo Claim Group; to inclement weather will be made by Delaware Region. Death Valley National Park; Inyo & San radio stations WDNH, WDLC, WSUL, All meetings are open to the public. Bernardino Counties, CA and WJFF and WVOS. Any member of the public may file with Esmeralda & Nye Counties, NV FOR FURTHER INFORMATION CONTACT: the Council a written statement Calvin F. Hite, Superintendent; Upper concerning agenda times. The statement Notice is hereby given in accordance Delaware Scenic and Recreational River, should be addressed to the Upper with Section 9.17(a) of Title 36 of the RR2, Box 2428, Beach Lake PA 18405– Delaware Citizens Advisory Council, Code of Federal Regulations, Part 9, 9737; 717–729–8251. P.O. Box 84, Marrowsburg, NY 12764. Subpart A, that the National Park Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices 18623

Service has received from Mr. Joe One item, the two-faced effigy Notice of Inventory Completion for Ostranger a Plan of Operations to soapstone pipe was found in the cellar Native American Human Remains and remove a limited quantity of stockpiled of the Uncas Cabin. This site was the Associated Funerary Objects in the ore from the JO claim group in Death known residence of Uncas, a Possession of the Rome Historical Valley National Park. seventeenth-century Mohegan sachem Society, Rome, NY The Plan of Operations is available for still considered by the Mohegan as the AGENCY: National Park Service public review and comment for a period single greatest culture hero in the post- ACTION: of 30 days from the publication of this contact period. Mohegan oral tradition Notice notice. Analysis of the proposal will indicates pipes of this form have been Notice is hereby given in accordance proceed from the date of its receipt. The used long before the contact period, and document can be viewed during normal with provisions of the Native American are still in use within the Mohegan business hours at the Office of the Graves Protection and Repatriation Act community. Mohegan traditional Superintendent, Death Valley National (NAGPRA), 25 U.S.C. 3003(d), of the Park, Death Valley, California, 92328. religious leaders have indicated that this completion of an inventory of human pipe is needed for the practice of remains and associated funerary objects Dated: April 7, 1996. traditional Mohegan religion by present- in the possession of the Rome Historical Richard H. Martin, day adherents. Society, Rome, NY. Superintendent. Based on the above-mentioned A detailed assessment of the human [FR Doc. 96–10311 Filed 4–25–96; 8:45 am] information, officials of the Connecticut remains was made by Rome Historical BILLING CODE 4310±70±P State Museum of Natural History have Society professional staff and Hartgen Archeological Associates, Inc. determined that, pursuant to 25 U.S.C. professional staff in consultation with 3001(3)(C), the 2–faced effigy soapstone Notice of Intent to Repatriate Cultural representatives of the Onondaga Indian pipe is a specific ceremonial object Items in the Possession of the Nation. Connecticut State Museum of Natural needed by traditional Native American In the early 1960s, human remains History, University of Connecticut, religious leaders for the practice of representing 85 individuals were Storrs, CT traditional Native American religions by recovered from the Onondaga County their present-day adherents. Official of AGENCY: National Park Service Penitentiary Site (Pen Site) in the Connecticut State Museum of Jamesville, NY under a Fort Stanwix ACTION: Notice Natural History have also determined Museum (now Rome Historical Society) Notice is hereby given under the that, pursuant to 25 U.S.C. 3001(3)(B), and Rochester Museum of Science Native American Graves Protection and these nineteen cultural items are project. No known individuals were Repatriation Act, 25 U.S.C. 3005 (a)(2), reasonably believed to have been placed identified. The 598 associated funerary of the intent to repatriate cultural items with or near individual human remains objects include pottery, metal and stone from the Norris L. Bull Collection, at the time of death or later as part of tools, metal pots, beads, shell Connecticut State Museum of Natural the death rite or ceremony and are (wampum), silver (ornaments, bracelets, History, University of Connecticut, believed, by a preponderance of the earrings). The Rochester Museum of Storrs, CT which meet the definition of evidence, to have been removed from a Science has additional human remains ‘‘unassociated funerary objects’’ and specific burial site of an Native and associated funerary objects from the ‘‘sacred object’’ as defined in section 2 American individual. Lastly, officials of Pen Site, and is conducting a separate of the Act. the Connecticut State Museum of inventory and consultation for these In 1961, the nineteen cultural items Natural History have determined that, human remains and associated funerary were donated by the family of Norris L. pursuant to 25 U.S.C. 3001(2), there is objects. Bull to the Connecticut State Museum of a relationship of shared group identity The Penn Site has been well- Natural History. These nineteen cultural which can be reasonably traced between documented as the Onondaga Nation’s items include: one charm stone, one these items and the Mohegan Indian capitol from c. 1682–1696 AD. The petroglyph, one faceted glass orange Tribe of Connecticut. manner of internment and associated bead, one trade axe, one metal pestle, funerary objects are consistent with one trade snuff box, one copper kettle, This notice has been sent to officials Onondaga practice during the late one pewter medallion, one brass apostle of the Mohegan Indian Tribe of seventeenth century. Evidence trade spoon, one pewter trade pipe, one Connecticut. Representatives of any presented by representatives of the metal spike, one metal trade pipe, one other Indian tribe that believes itself to Onondaga Indian Nation support the pewter baluster, one stone pestle, one be culturally affiliation with these physical evidence. bellamine jug, one bone spearpoint, one cultural items should contact Based on the above mentioned black angular stone pipe, one paint pot Connecticut State Archaeologist information, officials of the Rome with red stain, and one 2–faced effigy Nicholas F. Bellantoni, Office of State Historical Society have determined that, soapstone pipe. Archaeology, U–23, University of pursuant to 43 CFR 10.2 (d)(1), the Eighteen cultural items were found Connecticut, Storrs, CT 06269, human remains listed above represent with human remains in seventeenth telephone (860) 486–5248 before May the physical remains of 85 individuals century Mohegan cemeteries, including 28, 1996. Repatriation of these cultural of Native American ancestry. Officials of Smith Farm, Elizabeth Street, Van items may begin after that date if no the Rome Historical Society have also Tassel Site, Yantic, and Yantic & additional claimants come forward. determined that, pursuant to 25 U.S.C. Quinebaug. These sites are all known Dated: April 22, 1996 3001 (3)(A), the 598 objects listed above Mohegan cemeteries which have been Francis P. McManamon are reasonably believed to have been disturbed through development and placed with or near individual human looting within the last 200 years. These Departmental Consulting Archeologist remains at the time of death or later as unassociated funerary objects are Chief, Archeology and Ethnography Program part of the death rite or ceremony. consistent with grave goods of [FR Doc. 96–10345 Filed 4–25–96; 8:45 am] Lastly, officials of the Rome Historical seventeenth-century Mohegan burials. BILLING CODE 4310±70±F Society have determined that, pursuant 18624 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices to 25 U.S.C. 3001 (2), there is a July 1, 1996. The Department of Labor OMB Number: 1215–0113. relationship of shared group identity is particularly interested in comments Agency Number: CM–893. which can be reasonably traced between which: Affected Public: Businesses or other these Native American human remains • Evaluate whether the proposed for-profit; Not-for-Profit Institutions. and associated funerary objects and the collection of information is necessary Total Respondents: 7,000. Onondaga Indian Nation. for the proper performance of the Frequency: On occasion. This notice has been sent to officials functions of the agency, including Total Responses: 7,000. of the Onondaga Indian Nation. whether the information will have Average Time per Response: 40 Representatives of any other Indian tribe practical utility; minutes. that believes itself to be culturally • Evaluate the accuracy of the Estimated Total Burden Hours: 2,799. affiliated with these human remains and agency’s estimate of the burden of the Total Burden Cost (capital/startup): associated funerary objects should proposed collection of information, $0. Total Burden Cost (operating/ contact Barbara L. Schafer, Curator of including the validity of the maintenance): $0. Collections, Rome Historical Society, methodology and assumptions used; Comments submitted in response to 200 Church Street, Rome, NY 13440; • Enhance the quality, utility and this notice will be summarized and/or telephone: (315) 336–5870, before May clarity of the information to be included in the request for Office of 28, 1996. Repatriation of the human collected; and Management and Budget approval of the remains and associated funerary objects • Minimize the burden of the information collection request; they will to the Onondaga Indian Nation may collection of information on those who also become a matter of public record. begin after that date if no additional are to respond, including through the claimants come forward. use of appropriate automated, Dated: April 21, 1996. Dated: April 22, 1996 electronic, mechanical, or other Cecily A. Rayburn, Francis P. McManamon technological collection techniques or Director, Division of Financial Management, Departmental Consulting Archeologist other forms of information technology, [FR Doc. 96–10376 Filed 4–25–96; 8:45 am] Chief, Archeology & Ethnography Program e.g., permitting electronic submissions BILLING CODE 4510±27±M of responses. [FR Doc. 96–10346 Filed 4–25–96; 8:45 am] ADDRESSES: BILLING CODE 4310±70±F Ms. Patricia A. Forkel, U.S. Department of Labor, 200 Constitution Wage and Hour Division Ave., N.W., Room S–3201, Washington, Minimum Wages for Federal and DEPARTMENT OF LABOR D.C. 20210, telephone (202) 219–7601 (this is not a toll-free number), fax 202– Federally Assisted Construction; General Wage Determination Decisions Employment Standards Administration 219–6592. SUPPLEMENTARY INFORMATION: General wage determination decisions Proposed Collection; Comment of the Secretary of Labor are issued in Request I. Background accordance with applicable law and are ACTION: Notice. 30 U.S.C. 932 includes section 7 of based on the information obtained by Public Law 803, as amended, and the Department of Labor from its study SUMMARY: The Department of Labor, as stipulates that medical treatment of local wage conditions and data made part of its continuing effort to reduce including services and apparatus, as available from other sources. They paperwork and respondent burden, required, will be furnished to an eligible specify the basic hourly wage rates and conducts a preclearance consultation coal miner for such period as the nature fringe benefits which are determined to program to provide the general public of the illness or process of recovery may be prevailing for the described classes of and Federal agencies with an require. The implementing regulations laborers and mechanics employed on opportunity to comment on proposed stipulate that: there must be prior construction projects of a similar and/or continuing collections of approval before ordering an apparatus character and in the localities specified information in accordance with the where the purchase price exceeds therein. Paperwork Reduction Act of 1995 $100.00; there must be ongoing The determinations in these decisions (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This supervision of the miner’s medical care, of prevailing rates and fringe benefits program helps to ensure that requested including the necessity, character and have been made in accordance with 29 data can be provided in the desired sufficiency of care to be furnished; CFR Part 1, by authority of the Secretary format, reporting burden (time and OWCP has the authority to request of Labor pursuant to the provisions of financial resources) is minimized, medical reports and the right to refuse the Davis-Bacon Act of March 3, 1931, collection instruments are clearly payment for failing to submit any report as amended (46 Stat. 1494, as amended, understood, and the impact of collection required. The Certificate of Medical 40 U.S.C. 276a) and of other Federal requirements on respondents can be Necessity (CM–893) is the form devised statutes referred to in 29 CFR Part 1, properly assessed. Currently, the for this purpose. Appendix, as well as such additional Employment Standards Administration statutes as may from time to time be is soliciting comments concerning the II. Current Actions enacted containing provisions for the proposed extension collection of the The Department of Labor seeks the payment of wages determined to be Certificate of Medical Necessity (CM– extension of approval to collect this prevailing by the Secretary of Labor in 893). information in order to carry out its accordance with the Davis-Bacon Act. A copy of the proposed information responsibility to determine eligibility The prevailing rates and fringe benefits collection request can be obtained by for black lung medical benefits under determined in these decisions shall, in contacting the office listed below in the the above provisions. accordance with the provisions of the addressee section of this notice. Type of Review: Extension. foregoing statutes, constitute the DATES: Written comments must be Agency: Employment Standards minimum wages payable on Federal and submitted to the office listed in the Administration. federally assisted construction projects addresses section below on or before Title: Certificate of Medical Necessity. to laborers and mechanics of the Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices 18625 specified classes engaged on contract Modifications to General Wage CA960032 (Mar. 15, 1996) work of the character and in the Determination Decisions CA960033 (Mar. 15, 1996) CA960034 (Mar. 15, 1996) localities described therein. The number of decisions listed in the Good cause is hereby found for not CA960035 (Mar. 15, 1996) Government Printing Office document CA960036 (Mar. 15, 1996) utilizing notice and public comment entitled ‘‘General Wage Determinations CA960037 (Mar. 15, 1996) procedure thereon prior to the issuance Issued Under the Davis-Bacon and CA960038 (Mar. 15, 1996) of these determinations as prescribed in Related Acts’’ being modified are listed CA960039 (Mar. 15, 1996) 5 U.S.C. 553 and not providing for delay by Volume and State. Dates of CA960040 (Mar. 15, 1996) in the effective date as prescribed in that CA960041 (Mar. 15, 1996) publication in the Federal Register are CA960042 (Mar. 15, 1996) section, because the necessity to issue in parentheses following the decisions current construction industry wage CA960043 (Mar. 15, 1996) being modified. CA960044 (Mar. 15, 1996) determinations frequently and in large Volume I CA960045 (Mar. 15, 1996) volume causes procedures to be CA960046 (Mar. 15, 1996) impractical and contrary to the public Massachusetts CA960047 (Mar. 15, 1996) interest. MA960001 (Mar. 15, 1996) CA960048 (Mar. 15, 1996) General wage determination MA960017 (Mar. 15, 1996) CA960049 (Apr. 12, 1996) decisions, and modifications and MA960018 (Mar. 15, 1996) CA960050 (Apr. 12, 1996) supersedeas decisions thereto, contain New York CA960051 (Apr. 12, 1996) NY960003 (Mar. 15, 1996) no expiration dates and are effective CA960052 (Apr. 12, 1996) NY960007 (Mar. 15, 1996) CA960053 (Apr. 12, 1996) from their date of notice in the Federal NY960012 (Mar. 15, 1996) CA960054 (Apr. 12, 1996) Register, or on the date written notice NY960020 (Mar. 15, 1996) CA960055 (Apr. 12, 1996) is received by the agency, whichever is Volume II CA960056 (Apr. 12, 1996) earlier. These decisions are to be used CA960057 (Apr. 12, 1996) in accordance with the provisions of 29 Pennsylvania CA960058 (Apr. 12, 1996) CFR Parts 1 and 5. Accordingly, the PA960004 (Mar. 15, 1996) CA960059 (Apr. 12, 1996) PA960005 (Mar. 15, 1996) applicable decision, together with any CA960060 (Apr. 12, 1996) PA960021 (Mar. 15, 1996) CA960061 (Apr. 12, 1996) modifications issued, must be made a Virginia CA960062 (Apr. 12, 1996) part of every contract for performance of VA960022 (Mar. 15, 1996) CA960063 (Apr. 12, 1996) the described work within the CA960064 (Apr. 12, 1996) Volume III geographic area indicated as required by CA960065 (Apr. 12, 1996) an applicable Federal prevailing wage None CA960066 (Apr. 12, 1996) law and 29 CFR Part 5. The wage rates Volume IV CA960067 (Apr. 12, 1996) CA960068 (Apr. 12, 1996) and fringe benefits, notice of which is Illinois published herein, and which are CA960069 (Apr. 12, 1996) IL960009 (Mar. 15, 1996) CA960070 (Apr. 12, 1996) contained in the Government Printing IL960018 (Mar. 15, 1996) CA960071 (Apr. 12, 1996) Office (GPO) document entitled IL960020 (Mar. 15, 1996) CA960072 (Apr. 12, 1996) ‘‘General Wage Determinations Issued Indiana CA960073 (Apr. 12, 1996) Under the Davis-Bacon and Related IN960004 (Mar. 15, 1996) CA960074 (Apr. 12, 1996) Acts,’’ shall be the minimum paid by IN960006 (Mar. 15, 1996) CA960075 (Apr. 12, 1996) contractors and subcontractors to Volume V CA960076 (Apr. 12, 1996) laborers and mechanics. CA960077 (Apr. 12, 1996) Oklahoma CA960078 (Apr. 12, 1996) Any person, organization, or OK960023 (Mar. 15, 1996) governmental agency having an interest CA960079 (Apr. 12, 1996) OK960025 (Mar. 15, 1996) CA960080 (Apr. 12, 1996) in the rates determined as prevailing is OK960028 (Mar. 15, 1996) CA960081 (Apr. 12, 1996) encouraged to submit wage rate and OK960043 (Apr. 12, 1996) CA960082 (Apr. 12, 1996) fringe benefit information for Texas CA960083 (Apr. 12, 1996) consideration by the Department. TX960002 (Mar. 15, 1996) CA960084 (Apr. 12, 1996) Further information and self- TX960003 (Mar. 15, 1996) CA960085 (Apr. 12, 1996) explanatory forms for the purpose of TX960005 (Mar. 15, 1996) CA960086 (Apr. 12, 1996) submitting this data may be obtained by TX960007 (Mar. 15, 1996) CA960087 (Apr. 12, 1996) TX960010 (Mar. 15, 1996) writing to the U.S. Department of Labor, CA960088 (Apr. 12, 1996) TX960016 (Mar. 15, 1996) CA960089 (Apr. 12, 1996) Employment Standards Administration, TX960018 (Mar. 15, 1996) CA960090 (Apr. 12, 1996) Wage and Hour Division, Division of TX960019 (Mar. 15, 1996) CA960091 (Apr. 12, 1996) Wage Determinations, 200 Constitution TX960055 (Mar. 15, 1996) CA960092 (Apr. 12, 1996) Avenue, NW., Room S–3014, TX960060 (Mar. 15, 1996) CA960093 (Apr. 12, 1996) Washington, DC, 20210. TX960063 (Mar. 15, 1996) Colorado CO960011 (Mar. 15, 1996) TX960093 Montana MT960003 (Mar. 15, 1996) Superseadeas Decisions to General MT960004 (Mar. 15, 1996) Volume VI Wage Determination Decisions MT960006 (Mar. 15, 1996) Alaska The number of the decisions being MT960007 (Mar. 15, 1996) AK960001 (Mar. 15, 1996) MT960008 (Mar. 15, 1996) superseded and their date of notice in California Oregon OR960001 (Mar. 15, 1996) the Federal Register is listed with each CA960001 (Mar. 15, 1996) OR960007 (Mar. 15, 1996) State. Supersedeas decision numbers are CA960002 (Mar. 15, 1996) Washington WA960001 (Mar. 15, 1996) in parenthesis following the number of CA960004 (Mar. 15, 1996) WA960008 (Mar. 15, 1996) decisions to be superseded. CA960027 (Mar. 15, 1996) * Note: The dates of publications of CA960028 (Mar. 15, 1996) General Wage Determinations reflected in the Volume III CA960029 (Mar. 15, 1996) Federal Register of April 19, 1996, were Georgia CA960030 (Mar. 15, 1996) shown as April 19, 1996, that date should GA95–88 (Jan. 26, 1996) (GA96–88) CA960031 (Mar. 15, 1996) have been March 15, 1996 in every instance. 18626 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices

General Wage Determination financial resources) is minimized, job cutbacks. The program utilizes, to Publication collection instruments are clearly the greatest degree possible, existing General wage determinations issued understood, and the impact of collection Unemployment Insurance (UI) records under the Davis-Bacon and related Acts, requirements on respondents can be and computerized data files, including those noted above, may be properly assessed. Currently, the Bureau supplemented by direct employer of Labor Statistics (BLS) is soliciting contact. Its major features include: found in the Government Printing Office • (GPO) document entitled ‘‘General Wage comments concerning the proposed The identification of major layoffs Determinations Issued Under The Davis- extension of the ‘‘Mass Layoff Statistics and closings through initial UI claims (MLS) Program Survey.’’ filed against the identified employer; Bacon and Related Acts’’. This • publication is available at each of the 50 A copy of the proposed information The use of existing files on Regional Government Depository collection request (ICR) can be obtained claimants to obtain basic demographic Libraries and many of the 1,400 by contacting the individual listed and economic characteristics on the Government Depository Libraries across below in the addresses section of this individual; • The telephone contact of those the country. notice. The general wage determinations DATES: Written comments must be employers meeting mass layoff criteria issued under the Davis-Bacon and submitted to the office listed in the to obtain specific information on the related Acts are available electronically addresses section below on or before nature of the layoff and characteristics by subscription to the FedWorld June 25, 1996. of the establishment; • The identification of the continuing Bulletin Board System of the National BLS is particularly interested in impact of the mass layoff on individuals Technical Information Service (NTIS) of comments which help the agency to: by matching affected initial claimants the U.S. Department of Commerce at • Evaluate whether the proposed collection of information is necessary with persons in claims status; and, (703) 487–4630. • The measurement of the incidence Hard-copy subscriptions may be for the proper performance of the of the exhaustion of regular State UI purchased from: Superintendent of functions of the agency, including whether the information will have benefits by affected workers. Documents, U.S. Government Printing In the program, State Employment Office, Washington, D.C. 20402, (202) practical utility; • Evaluate the accuracy of the Security Agencies (SESAs) submit a 512–1800. comprehensive report each quarter, and When ordering hard-copy agency’s estimate of the burden of the a preliminary, summary report each subscription(s), be sure to specify the proposed collection of information, month. These computerized reports State(s) of interest, since subscriptions including the validity of the contain information from State may be ordered for any or all of the six methodology and assumption used; administrative files and information separate volumes, arranged by State. • Enhance the quality, utility, and obtained from those employers meeting Subscriptions include an annual edition clarity of the information to be collected; and the program criteria of a mass layoff. (issued in January or February) which Congress provided for the includes all current general wage • Minimize the burden of the collection of information on those who implementation of the MLS program by determinations for the States covered by BLS through fiscal years 1984–1992 each volume. Throughout the remainder are to respond, including through the use of appropriate automated, appropriations for the Departments of of the year, regular weekly updates are Labor, Health and Human Services, distributed to subscribers. electronic, mechanical, or other technological collection techniques or Education, and related agencies. The Signed at Washington, D.C. this 19th day program was not operational in fiscal of April 1996. other forms of information technology, e.g., permitting electronic submissions years 1993 and 1994. Program operation Philip J. Gloss, of responses. resumed in fiscal years 1995 and 1996 Chief, Branch of Construction Wage with funds provided by the ADDRESSES: Send comments to Karin G. Determinations. Employment and Training Kurz, BLS Clearance Officer, Division of [FR Doc. 96–10066 Filed 4–25–96; 8:45 am] Administration (ETA). Management Systems, Bureau of Labor BILLING CODE 4510±22±M At the present time, all States Statistics, Room 3255, 2 Massachusetts (including the District of Columbia and Avenue N.E., Washington, D.C. 20212. Puerto Rico) are participating in the Bureau of Labor Statistics Ms. Kurz can be reached on 202–606– program. 7628 (this is not a toll free number). Proposed Collection; Comment II. Current Actions SUPPLEMENTARY INFORMATION: Request The information collected and I. Background ACTION: Notice. compiled in the MLS program is used to Section 462(e) of PL 97–300, the Job satisfy the reporting requirement SUMMARY: The Department of Labor, as Training Partnership Act (JTPA), legislatively mandated by Section 462(e) part of its continuing effort to reduce provides that the Secretary of Labor of PL 97–300 (JTPA). The BLS annual paperwork and respondent burden, develop and maintain statistical data reports from this program meet that conducts a preclearance consultation relating to permanent mass layoffs and statutory mandate, as well as provide program to provide the general public plant closings and issue an annual economic analyses of these data. and Federal agencies with an report. The report is to include, at a In addition to the BLS uses of MLS opportunity to comment on proposed minimum, the number of plant closings data, such data are required by and/or continuing collections of and mass layoffs, and the number of Congress, the Executive branch, information in accordance with the workers affected. The data are business, labor, and academic Paperwork Reduction Act of 1995 summarized by geographical area and communities, SESAs, and the (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This industry. Department of Labor for both macro- program helps to ensure that requested The MLS program uses a standardized and micro-economic analysis, including data can be provided in the desired automated approach to identify, specific labor market studies geared format, reporting burden (time and describe, and track the impact of major towards manpower assistance and Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices 18627 development. Moreover, Congress used Signed at Washington, D.C., this 22nd day e.g., permitting electronic submissions these data in conjunction with the of April, 1996. of responses. findings from a supplemental study of Peter T. Spolarich, ADDRESSES: Send comments to Karin G. layoff actions in the development of the Chief, Division of Management Systems, Kurz, BLS Clearance Officer, Division of Bureau of Labor Statistics. Worker Adjustment and Retraining Management Systems, Bureau of Labor Notification (WARN) Act that was [FR Doc. 96–10377 Filed 4–25–96; 8:45 am] Statistics, Room 3255, 2 Massachusetts enacted in August 1988. Furthermore, BILLING CODE 4510±24±M Avenue N.E., Washington, D.C. 20212. ETA uses MLS micro data in the Ms. Kurz can be reached on 202–606– evaluation of dislocated worker 7628 (this is not a toll free number). programs to assess the effectiveness of Proposed Collection; Comment those activities and services. Request SUPPLEMENTARY INFORMATION: A congressionally mandated use of ACTION: Notice. I. Background mass layoff data is the Economic Dislocation and Worker Adjustment SUMMARY: The Department of Labor, as The CPS has been the principal Assistance Act of 1988 (EDWAA), part of its continuing effort to reduce source of the official Government which amended Title III of JTPA. paperwork and respondent burden, statistics on employment and Section 302 of EDWAA provides for conducts a preclearance consultation unemployment for 50 years. BLS and allocation of Title III funds to States on program to provide the general public the Census Bureau share the the basis of MLS data and encourages and Federal agencies with an responsibility for this survey and are the use of MLS data in substate opportunity to comment on proposed submitting two separate clearance allocations. and/or continuing collections of requests that reflect the joint funding State agencies use the MLS data in information in accordance with the provided by the two agencies for this various ways, including the Paperwork Reduction Act of 1995 survey and the way in which the Census identification of: geographic areas in (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This Bureau and BLS divide the need of special manpower services; program helps to ensure that requested responsibilities for the analysis and ailing or troubled industries; specific data can be provided in the desired dissemination of the data from the employers needing assistance; outreach format, reporting burden (time and survey. The Census Bureau is activities for the unemployed; and financial resources) is minimized, submitting a request for clearance of the workers in need of temporary health collection instruments are clearly collection of the basic demographic care services. understood, and the impact of the information on the population being There is no other comprehensive collection requirements on respondents sampled, and BLS is requesting source of statistics on either can be properly assessed. Currently, the clearance for the collection of the labor establishments or workers affected by Bureau of Labor Statistics (BLS) is force information which it analyzes and mass layoffs and plant closings; soliciting comments concerning the publishes monthly. The labor force therefore, none of the aforementioned proposed extension of the ‘‘Current information gathered through the survey data requirements could be fulfilled if Population Survey (CPS).’’ is of paramount importance in keeping this data collection did not occur. A copy of the proposed information track of the economic health of the Nation. The survey is the only source of Type of Review: Extension. collection request (ICR) can be obtained by contacting the individual listed data on total employment and Agency: Bureau of Labor Statistics. below in the addressee section of this unemployment, with the monthly Title: Mass Layoff Statistics Program. notice. unemployment rate obtained through OMB Number: 1220–0090. DATES: Written comments must be this survey being regarded as one of the Affected Public: Business or other for submitted to the office listed in the most important economic indicators. profit; Not-for-profit institutions; Farms; addressee section below on or before Moreover, the survey also yields data on Federal Government; State, Local or June 25, 1996. the basic status and characteristics of Tribal Government. BLS is particularly interested in the persons not in the labor force. The Total Respondents: 15,652. comments which help to: CPS data are used monthly, in Frequency: State Employment • Evaluate whether the proposed conjunction with data from other Security Agencies (SESAs) will report collection of information is necessary sources, to analyze the extent to which quarterly and monthly. Affected for the proper performance of the the various components of the American employers will report on occasion. functions of the agency, including population are participating in the whether the information will have economic life of the Nation and with Total Responses: 16,432. what success. Average Time Per Response: 60 practical utility; • The labor force data gathered through Minutes for SESAs. 30 Minutes for Evaluate the accuracy of the the CPS are provided to users in the employers. agency’s estimate of the burden of the proposed collection of information, greatest detail possible, consistent with Estimated Total Burden Hours: 73,320 including the validity of the the demographic information obtained Hours. methodology and assumptions used; in the survey. In brief, the labor force Total Burden Cost (capital/startup): • Enhance the quality, utility, and data can be broken down by sex, age, $0. clarity of the information to be race and ethnic origin, marital status, Total Burden Cost (operating/ collected; and family composition, educational level, maintenance): $0. • Minimize the burden of the and various other characteristics. Comments submitted in response to collection of information on those who Through such breakdowns, one can this notice will be summarized and/or are to respond, including through the focus on the employment situation of included in the request for Office of use of appropriate automated, specific population groups as well as on Management and Budget approval of the electronic, mechanical, or other the general trends in employment and information collection request; they also technological collection techniques or unemployment. Information of this type will become a matter of public record. other forms of information technology, can be obtained only through 18628 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices demographically-oriented surveys such Signed at Washington, D.C., this 22nd day Individuals with disabilities who need as the CPS. of April, 1996. special accommodations should contact The basic CPS also are used as an Peter T. Spolarich, Tom Hall one week before the meeting important platform on which to base the Chief, Division of Management Systems, at the address indicated below. data derived from the various Bureau of Labor Statistics. An official record of the meeting will supplemental questions which are [FR Doc. 96–10378 Filed 4–25–96; 8:45 am] be available for public inspection in the administered in conjunction with the BILLING CODE 4510-±24±M OSHA Technical Data Center (TDC) survey. By coupling the basic data from located in Room N2625 of the the monthly survey with the special Department of Labor Building (202– data from the supplements, one can get Occupational Safety and Health 219–7500). valuable insights on the behavior of Administration For additional information contact: American workers and on the social and Joanne Goodell, Directorate of Policy, National Advisory Committee on economic health of their families. Occupational Safety and Health Occupational Safety and Health; Full Administration, Room N–3641, 200 II. Current Actions Committee Meeting Constitution Avenue, NW, Washington, There is wide interest in the monthly Notice is hereby given that the DC 20210, telephone (202)219–8021, CPS data among Government National Advisory Committee on ext. 107. policymakers, legislators, outside Occupational Safety and Health Signed at Washington, D.C. this 19th day economists, the media, and the general (NACOSH), established under section of April, 1996. public. While the data from the CPS are 7(a) of the Occupational Safety and Joseph A. Dear, used in conjunction with data from Health Act of 1970 (29 U.S.C. 656) to Assistant Secretary of Labor. other surveys in assessing the economic advise the Secretary of Labor and the [FR Doc. 96–10375 Filed 4–25–96; 8:45 am] health of the Nation, they are unique in Secretary of Health and Human services BILLING CODE 4510±26±M various ways. They provide a on matters relating to the administration measurement of total employment, of the Act, will meet on May 23, 1996, including self-employment and unpaid in Room N3437 A–D of the Department NATIONAL ARCHIVES AND RECORDS family work, while the other surveys are of Labor Building located at 200 ADMINISTRATION generally restricted to the Constitution Avenue NW, Washington, nonagricultural sector. The CPS DC. The meeting is open to the public Records Schedules; Availability and provides data on all jobseekers, and on and will begin at 9:00 a.m. lasting until Request for Comments all persons outside the labor force, approximately 4:00 p.m. while payroll-based surveys cannot, by Agenda items will include an AGENCY: National Archives and Records definition, cover these sectors of the overview of current activities, including Administration, Office of Records population. Finally, the CPS data on a legislative update, of both the Administration. employment, unemployment, and on Occupational Safety and Health ACTION: Notice of availability of persons not in the labor force can be administration (OSHA) and the National proposed records schedules; request for linked to the demographic Institute for Safety and Health (NIOSH). comments. characteristics of the many groups Other subjects will include the National which make up the Nation’s population, Occupational Research Agenda (NORA), SUMMARY: The National Archives and while the data from other surveys are an update on OSHA’s regulatory and Records Administration (NARA) usually devoid of demographic enforcement activities, and workgroup publishes notice at least once monthly information. reports. The committee will also discuss of certain Federal agency requests for records disposition authority (records Type of Review: Extension of a the members interests and develop schedules). Records schedules identify currently approved collection. plans for future meetings, under the records of sufficient value to warrant Agency: Bureau of Labor Statistics. direction of the recently appointed Chair, Dr. Kathleen M. Rest, University preservation in the National Archives of Title: Current Population Survey. of Massachusetts Medical Center, who the United States. Schedules also OMB Number: 1220–0100. has joined the committee as a Public authorize agencies after a specified Affected Public: Individuals or Representative. period to dispose of records lacking households. Written data, views or comments for administrative, legal, research, or other Total Respondents: 48,000 per month. consideration by the committee may be value. Notice is published for records Frequency: Reporting Monthly. submitted, preferably with 20 copies, to schedules that (1) propose the destruction of records not previously Total Responses: 576,000. Joanne Goodell at the address provided below. Any such submissions received authorized for disposal, or (2) reduce Average Time Per Response: 7 the retention period for records already Minutes. prior to the meeting will be provided to the members of the Committee and will authorized for disposal. NARA invites Estimated Total Burden Hours: 67,200 be included in the record of the public comments on such schedules, as Hours. meeting. Anyone wishing to make an required by 44 U.S.C. 3303a(a). Total Burden Cost (capital/startup): oral presentation should notify Ms. DATES: Request for copies must be None. Goodell before the meeting. The request received in writing on or before June 10, Total Burden Cost (operating/ should state the amount of time desired, 1996. Once the appraisal of the records maintenance): None. the capacity in which the person will is completed, NARA will send a copy of Comments submitted in response to appear and a brief outline of the content the schedule. The requester will be this notice will be summarized and/or of the presentation. Persons who request given 30 days to submit comments. included in the request for Office of the opportunity to address the Advisory ADDRESSES: Address requests for single Management and Budget approval of the Committee may be allowed to speak to copes of schedules identified in this information collection request, they also the extent time permits, at the discretion notice to the Records Appraisal and will become a matter of public record. of the Chair of the Advisory Committee. Disposition Division (NIR), National Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices 18629

Archives and Records Administration, 5. Environmental Protection Agency 1. Type of submission: Revision. College Park, MD 20740. Requesters (N1–412–95–6). Superfund Site Specific 2. The title of the information must cite the control number assigned Sampling and Analytical Data Files. collection: General Assignment. to each schedule when requesting a 6. Farm Credit Administration (N1– 3. The form number: NRC Form 450. copy. The control number appears in 310–96–1). Appointee Clearance and 4. How often the collection is the parentheses immediately after the Vetting Files. required: Once during the closeout name of the requesting agency. Dated: April 18, 1996. process. SUPPLEMENTARY INFORMATION: Each year James W. Moore, 5. Who is required or asked to report: U.S. Government agencies create Assistant Archivist for Records Contractors, Grantees, and Cooperators. billions of records on paper, film, Administration. 6. An estimate of the number of magnetic tape, and other media. In order [FR Doc. 96–10322 Filed 4–25–96; 8:45 am] responses: 150. to control this accumulation, agency BILLING CODE 7517±01±M 7. The estimated number of annual records managers prepare records respondents: 150. schedules specifying when the agency 8. An estimate of the total number of no longer needs the records and what COMMISSION OF FINE ARTS hours needed annually to complete the happens to the records after this period. requirement or request: 300 hours (2 Some schedules are comprehensive and Notice of Meeting hours per response). cover all the records of any agency or one of its major subdivisions. These The Commission of Fine Arts’ next 9. An indication of whether Section comprehensive schedules provide for meeting is scheduled for 16 May 1996 3507(d), Pub. L. 104–13 applies: Not the eventual transfer to the National at 10:00 AM in the Commission’s offices applicable. Archives of historically valuable records in the Pension Building, Suite 312, 10. Abstract: During the contract and authorize the disposal of all other Judiciary Square, 441 F Street, N.W., closeout process, the NRC requires the records. Most schedules, however, cover Washington, D.C. 20001 to discuss contractor to execute a NRC Form 450, records of only one office or program or various projects affecting the General Assignment. Completion of the a few series of records, and many are appearance of Washington, D.C., form grants the government all rights, updates of previously approved including buildings, memorials, parks, titles, and interest to refunds arising out schedules. Such schedules also may etc.; also matters of design referred by of the contract performance. include records that are designated for other agencies of the government. A copy of the submittal may be permanent retention. Inquiries regarding the agenda and viewed free of charge at the NRC Public Destruction of records requires the requests to submit written or oral Document Room, 2120 L Street, NW, approval of the Archivist of the United statements should be addressed to (lower level), Washington DC. Members States. This approval is granted after a Charles H. Atherton, Secretary, of the public who are in the thorough study of the records that takes Commission of Fine Arts, at the above Washington, DC, area can access the into account their administrative use by address or call the above number. submittal via modem on the Public the agency of origin, the rights of the Dated in Washington, D.C. 19 April 1996. Document Room Bulletin Board (NRC’s Government and of private persons Charles H. Atherson, Advanced Copy Document Library), directly affected by the Government’s Secretary. NRC subsystem at FedWorld at 703– 321–3339. Members of the public who activities, and historical or other value. [FR Doc. 96–10368 Filed 4–25–96; 8:45 am] are located outside the Washington, DC, This public notice identifies the BILLING CODE 6330±01±M area can dial FedWorld, 1–800–303– Federal agencies and their subdivisions 9672, or use the FedWorld Internet requesting disposition authority, address: fedworld.gov (Telnet). The includes the control number assigned to NUCLEAR REGULATORY document will be available on the each schedule, and briefly describes the COMMISSION bulletin board for 30 days after the records proposed for disposal. The signature date of this notice. If records schedule contains additional Agency Information Collection assistance is needed in accessing the information about the records and their Activities: Submission for Office of document, please contact the FedWorld disposition. Further information about Management and Budget (OMB) help desk at 703–487–4608. Additional the disposition process will be Review; Comment Request assistance in locating the document is furnished to each requester. AGENCY: Nuclear Regulatory available from the NRC Public Schedules Pending Commission (NRC). Document Room, nationally at 1–800– ACTION: Notice of OMB review of 397–4209, or within the Washington, 1. Executive Office of the President, DC, area at 202–634–3273. National Space Council (N1–429–93– information collection and solicitation Comment and questions should be 02). Textual and audiovisual records. of public comment. directed to the OMB reviewer by May 2. Department of Energy (N1–434–96– SUMMARY: The NRC has recently 28, 1996. 6). Administrative and housekeeping submitted to OMB for review the Peter Francis, Office of Information and records maintained by the Grand following proposal for the collection of Junction Project Office. Regulatory Affairs (3150–0114), information under the provisions of the NEOB–10202, Office of Management 3. Department of Health and Human Paperwork Reduction Act of 1995 (44 and Budget, Washington, DC 20503 Services, Administration on Aging (N1– U.S.C. Chapter 35). The NRC hereby 439–96–1). Records of the White House informs potential respondents that an Comments can also be submitted by Conference on Aging. agency may not conduct or sponsor, and telephone at (202) 395–3084. 4. Department of Health and Human that a person is not required to respond The NRC Clearance Officer is Brenda Services, Agency for Health Care Policy to, a collection of information unless it Jo. Shelton, (301) 415–7233. and Research (N1–510–96–1). Records displays a currently valid OMB control Dated at Rockville, Maryland, this 18th day of the AIDS Cost and Utilization Survey. number. of April 1996. 18630 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices

For the Nuclear Regulatory Commission. approximately 7 minutes per NRC or [IA 96±020] Gerald F. Cranford, Agreement State licensee. Mr. Juan Guzman; Order Prohibiting Designated Senior Official for Information 9. An indication of whether Section Resource Management. 3507(d), Public Law 104–13 applies: Not Unescorted Access or Involvement in NRC-Licensed Activities Effective [FR Doc. 96–10347 Filed 4–25–96; 8:45 am] applicable. Immediately BILLING CODE 7590±01±P 10. Abstract: Section 31.11 of 10 CFR establishes a general license authorizing I any physician, clinical laboratory, Agency Information Collection veterinarian in the practice of veterinary Mr. Juan Guzman was employed as a Activities: Submission for OMB medicine, or hospital to possess certain contractor by the Baltimore Gas & Review; Comment Request small quantities of byproduct material Electric Company (BG&E) at the Calvert for in vitro clinical or laboratory tests Cliffs facility (Licensee), which holds a AGENCY: Nuclear Regulatory not involving the internal or external license issued by the Nuclear Regulatory Commission (NRC). administration of the byproduct Commission (NRC or Commission) ACTION: Notice of the OMB review of material or the radiation therefrom to pursuant to 10 CFR Part 50. The license information collection and solicitation human beings or animals. Possession of authorizes the operation of the Calvert of public comment. byproduct material under 10 CFR 31.11 Cliffs Nuclear Power Plant, Units 1 & 2 is not authorized until the physician, (facilities) in accordance with the SUMMARY: The NRC has recently clinical laboratory, veterinarian in the conditions specified therein. The submitted to OMB for review the practice of veterinary medicine, or facility is located on the Licensee’s site following proposal for the collection of hospital has filed NRC Form 483 and in Lusby, Maryland. information under the provisions of the received from the Commission a Paperwork Reduction Act of 1995 (44 validated copy of NRC Form 483 with II U.S.C. Chapter 35). The NRC hereby a registration number. In a Licensee Event Report issued by informs potential respondents that an A copy of the submittal may be BG&E on November 16, 1994, the NRC agency may not conduct or sponsor, and viewed free of charge at the NRC Public received information from BG&E that a person is not required to respond Document Room, 2120 L Street, NW, indicating that BG&E had revoked Mr. to, a collection of information unless it (Lower Level), Washington, DC. Guzman’s unescorted access displays a currently valid OMB control Members of the public who are in the authorization and removed him from number. Washington, DC, area can access the the protected area in October 1994 after 1. Type of submission, new, revision, submittal via modem on the Public it became aware through an or extension: Revision. Document Room Bulletin Board (NRC’s investigation by the Immigration and 2. The title of the information Advance Copy Document Library) NRC Naturalization Service and State collection: NRC Form 483, ‘‘Registration subsystem at FedWorld, 703–321–3339. Department, that Mr. Guzman was an Certificate—In Vitro Testing with Members of the public who are located illegal alien. Byproduct Material under General outside of the Washington, DC, area can License.’’ Mr. Guzman’s unescorted access to dial FedWorld, 1–800–303–9672, or use the site initially had been granted by 3. The form number if applicable: the FedWorld Internet address: NRC Form 483. BG&E on February 23, 1993 based, in fedworld.gov (Telnet). The document part, on his submittal of a ‘‘green card’’ 4. How often the collection is will be available on the bulletin board required: There is a one-time submittal and social security card during the for 30 days after the signature date of initial interview process, both of which of information to receive a validated this notice. If assistance is needed in copy of NRC Form 483 with an assigned were represented as authentic when, in accessing the document, please contact fact, they were not. In addition, when registration number. In addition, any the FedWorld help desk at 703–487– changes in the information reported on questioned on prior occasions by the 4608. Additional assistance in locating Licensee regarding an arrest record NRC Form 483 must be reported in the document is available from the NRC writing to the Commission within 30 obtained as a result of fingerprints Public Document Room, nationally at 1– submitted to the FBI, Mr. Guzman days after the effective date of such 800–397–4209, or within the change. repeatedly denied that the arrest record Washington, DC, area at 202–634–3273. belonged to him, even though it did. Mr. 5. Who will be required or asked to Comments and questions should be Guzman’s falsification of background report: Any physician, veterinarian in directed to the OMB reviewer by May information, combined with his the practice of veterinary medicine, 28, 1996. subsequent denials to the Licensee, clinical laboratory or hospital which Peter Francis, Office of Information and desires a general license to receive, constitute a significant regulatory Regulatory Affairs (3150–0038), concern. acquire, possess, transfer, or use NEOB–10202, Office of Management The NRC regulations in 10 CFR 73.56 specified units of byproduct material in and Budget, Washington, DC 20503 certain in vitro clinical or laboratory and 73.57 were established, in part, to Comments can also be submitted by tests. provide high assurance that individuals telephone at (202) 395–3084. 6. An estimate of the number of granted unescorted access are The NRC Clearance Officer is Brenda responses: 104 registration certificates trustworthy and reliable. Mr. Guzman’s Jo. Shelton, (301) 415–7233. from NRC licensees and 260 registration actions in this matter did not certificates from Agreement State Dated at Rockville, Maryland, this 18th day demonstrate that trustworthiness, and licensees. of April 1996. constitute a violation of the 7. The estimated number of annual For the Nuclear Regulatory Commission. requirements of 10 CFR 50.5, respondents: 104 NRC licensees and 260 Gerald F. Cranford, ‘‘Deliberate Misconduct,’’ because Mr. Agreement State licensees. Designated Senior Official for Information Guzman deliberately submitted to the 8. An estimate of the total number of Resources Management. Licensee information that he knew was hours needed annually to complete the [FR Doc. 96–10348 Filed 4–25–96; 8:45 am] incomplete or inaccurate in some requirement or request: 42 hours or BILLING CODE 7590±01±P respect material to the NRC. Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices 18631

III doing so, Mr. Guzman engaged in distribution of products that are subject Although Mr. Guzman was terminated deliberate misconduct in violation of 10 to NRC jurisdiction. B. For a five-year period from October from employment at Calvert Cliffs in CFR 50.5(a)(2), in that he deliberately 18, 1994, the date of the termination of October 1994, his actions in this matter submitted to the Licensee information his unescorted access by BG&E, Mr. raise serious concerns as to whether he that he knew to be inaccurate in some Juan Guzman is prohibited from can be relied upon to comply with NRC respect material to the NRC. Such obtaining unescorted access at a NRC- requirements. Therefore, pursuant to behavior cannot be tolerated by the licensed facility. sections 161c, 161o, 182 and 186 of the NRC. The NRC must be able to rely on its The Director, OE, may, in writing, Atomic Energy Act of 1954, as amended, relax or rescind any of the above and the Commission’s regulations in 10 licensees and their employees, including contractor employees, to conditions upon demonstration by Mr. CFR 2.204, in order for the Commission Guzman of good cause. to determine whether further comply with NRC requirements, enforcement action should be taken including the requirement to provide VI information that is complete and against Mr. Guzman to ensure In accordance with 10 CFR 2.202, Mr. accurate in all material respects. Mr. compliance with NRC regulatory Guzman must, and any other person requirements, the NRC sent him a Guzman’s actions in knowingly adversely affected by this Order may, Demand for Information (DFI) on falsifying background information and submit an answer to this Order, and January 2, 1996. The DFI required Mr. his identity in an attempt to avoid may request a hearing on this Order, Guzman to provide the NRC a response discovery and gain access to the Calvert within 20 days of the date of this Order. that: (1) Identifies whether he is Cliffs facility, and his false statements to Where good cause is shown, currently employed by any company Licensee officials when questioned consideration will be given to extending subject to NRC regulation and, if so, about his background and identity, have the time to request a hearing. A request describes in what capacity; (2) describes raised serious doubt as to whether he for extension of time must be made in why the NRC should permit him to be can be relied upon to comply with NRC writing to the Director, Office of involved in licensed activities in the requirements and to provide complete Enforcement, U.S. Nuclear Regulatory future or have confidence that he will and accurate information to the NRC Commission, Washington, DC 20555, comply with NRC requirements if and its licensees. and include a statement of good cause currently employed in an NRC-regulated Consequently, I lack the requisite for the extension. The answer may activity, including requirements to reasonable assurance that: (1) Mr. consent to this Order. Unless the answer provide complete and accurate Guzman will conduct NRC-licensed consents to this Order, the answer shall, information; and (3) explains why the activities in compliance with the in writing and under oath or NRC should not conclude that his Commission’s requirements; and (2) the affirmation, specifically admit or deny actions in providing false information to health and safety of the public will be each allegation or charge made in this the Licensee were done deliberately. protected if Mr. Guzman is granted Order and shall set forth the matters of In a letter dated February 7, 1996, Mr. unescorted access to NRC-licensed fact and law on which Mr. Guzman or Guzman responded to the DFI. In that facilities at this time. Therefore, I find other person adversely affected relies response, Mr. Guzman stated that: (1) he that the public health, safety, and and the reasons as to why the Order was not currently employed by any interest require that Mr. Guzman be should not have been issued. Any company subject to NRC regulation; (2) prohibited from involvement in NRC- answer or request for a hearing shall be at no time was he cited for a procedure licensed activities for five years from the submitted to the Secretary, U.S. Nuclear or safety violation while employed at date of the termination of his unescorted Regulatory Commission, Attn: Chief, Calvert Cliffs; and (3) the sole reason he access by BG&E on October 18, 1994. Docketing and Service Section, did not disclose that he was an illegal Furthermore, pursuant to 10 CFR 2.202, Washington, DC 20555. Copies also alien was his fear of deportation. He I find that the significance of the shall be sent to the Director, Office of also admitted that he did deliberately, misconduct described above is such that Enforcement, U.S. Nuclear Regulatory but without malice or intent, deceive the public health, safety, and interest Commission, Washington, DC 20555, to the Licensee about his work background require that this Order be immediately the Assistant General Counsel for and experience, but did so solely out of effective. Hearings and Enforcement at the same fear of deportation; pointed out an V address, to the Regional Administrator, inaccuracy in the DFI in that while he NRC Region I, 475 Allendale Road, King did apply for a passport under another Accordingly, pursuant to sections of Prussia, Pennsylvania 19406, and to name, he never pursued the document; 103, 161b, 161i, 182, and 186 of the Mr. Guzman if the answer or hearing requested that, if the NRC decided to Atomic Energy Act of 1954, as amended, request is by a person other than Mr. prohibit him from working for an NRC and the Commission’s regulations in 10 Guzman. If a person other than Mr. licensee, consideration be given to the CFR 2.202 and 10 CFR 50.5, it is hereby Guzman requests a hearing, that person 15 months that had elapsed since his ordered, effective immediately, that: shall set forth with particularity the termination; and noted that the A. For a five-year period from October manner in which his interest is Immigration and Naturalization Service 18, 1994, the date of the termination of adversely affected by this Order and granted him legal resident status in the his unescorted access by BG&E, Mr. shall address the criteria set forth in 10 United States in January 1996. Juan Guzman is prohibited from CFR 2.714(d). engaging in NRC-licensed activities. For If a hearing is requested by Mr. IV the purpose of this paragraph, NRC- Guzman or a person whose interest is Notwithstanding his motives in licensed activities include licensed adversely affected, the Commission will providing false information to the activities of: (1) an NRC licensee; (2) an issue an Order designating the time and Licensee, it is clear, as Mr. Guzman Agreement State licensee conducting place of any hearing. If a hearing is held, admitted in his response, that he licensed activities in NRC jurisdiction the issue to be considered at such provided false information to the pursuant to 10 CFR 150.20; and (3) an hearing shall be whether this Order Licensee, and did so deliberately. In Agreement State licensee involved in should be sustained. 18632 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices

Pursuant to 10 CFR 2.202(c)(2)(i), Mr. The Postal Reorganization Act SECURITIES AND EXCHANGE Guzman or any other person adversely requires that the Commission issue its COMMISSION affected by this Order may, in addition decision within 120 days from the date [File No. 1±10589] to demanding a hearing, at the time the this appeal was filed (39 U.S.C. 404 answer is filed or sooner, move the (b)(5)). In the interest of expedition, in Issuer Delisting; Notice of Application presiding officer to set aside the light of the 120-day decision schedule, To Withdraw From Listing and immediate effectiveness of the Order on 1 the Commission may request the Postal Registration; (CII Financial, Inc., 7 ¤2% the ground that the Order, including the Service to submit memoranda of law on Convertible Subordinated Debentures need for immediate effectiveness, is not any appropriate issue. If requested, such Due 2001) based on adequate evidence but on mere memoranda will be due 20 days from suspicion, unfounded allegations, or April 22, 1996. the issuance of the request and the error. CII Financial, Inc. (‘‘Company’’) has In the absence of any request for Postal Service shall serve a copy of its filed an application with the Securities hearing, or written approval of an memoranda on the petitioners. The and Exchange Commission extension of time in which to request a Postal Service may incorporate by (‘‘Commission’’), pursuant to Section hearing, the provisions specified in reference in its briefs or motions, any 12(d) of the Securities Exchange Act of Section IV above shall be final 20 days arguments presented in memoranda it 1934 (‘‘Act’’) and Rule 12d2–2(d) from the date of this Order without previously filed in this docket. If promulgated thereunder, to withdraw further order or proceedings. An answer necessary, the Commission also may ask the above specified security (‘‘Security’’) or a request for hearing shall not stay petitioners or the Postal Service for from listing and registration on the the immediate effectiveness of this more information. American Stock Exchange, Inc. order. (‘‘Amex’’). The Commission Orders Dated at Rockville, Maryland this day of The reasons alleged in the application April 1996. (a) The Postal Service shall file the for withdrawing the Security from For the Nuclear Regulatory Commission. record in this appeal by April 30, 1996. listing and registration include the James L. Milhoan, following: (b) The Secretary of the Postal Rate Pursuant to an Indenture dated Deputy Executive Director for Nuclear Reactor Commission shall publish this Notice September 15, 1991 (the ‘‘indenture’’), Regulation, Regional Operations, and Research. and Order and Procedural Schedule in the Company issued the Security. The the Federal Register. Security was originally convertible into [FR Doc. 96–10349 Filed 4–25–96; 8:45 am] By the Commission. the Company’s common stock, and both BILLING CODE 7590±01±P the Security and the common stock Margaret P. Crenshaw, were listed on the Amex. Secretary. On October 31, 1995, Sierra Health POSTAL RATE COMMISSION Appendix Services, Inc., a Nevada corporation [Docket No. A96±14; Order No. 1109] (‘‘Sierra’’), acting through a wholly- April 15, 1996: Filing of Appeal letter owned subsidiary, acquired the Forest Grove, Montana 59441: (May A. Company by a subsidiary merger (the April 22, 1996: Commission Notice and Charbonneau, Petitioner); Notice and ‘‘Merger’’) in which the Company Order of Filing of Appeal Order Accepting Appeal and became a wholly-owned subsidiary of Establishing Procedural Schedule May 10, 1996: Last day of filing of Sierra. Sierra is a public company Under 39 U.S.C. 404(b)(5) petitions to intervene [see 39 CFR whose common stock is listed for 3001.111(b)] trading on the New York Stock Issued April 22, 1996. May 20, 1996: Petitioner’s Participant Exchange, Inc. and which is required to Before Commissioners: Edward J. Gleiman, file reports under the Act. In connection Chairman; W.H. ‘‘Trey’’ LeBlanc III, Vice- Statement or Initial Brief [see 39 CFR Chairman; George W. Haley; H. Edward 3001.115 (a) and (b)] with the Merger, each outstanding share Quick, Jr. of the Company’s common stock was June 10, 1996: Postal Service’s converted into 0.37 of a share of Sierra’s Docket Number: A96–14. Answering Brief [see 39 CFR common stock (the ‘‘Exchange Ratio’’). Name of Affected Post Office: Forest 3001.115(c)] Grove, Montana 59441. In November 1995, the Amex filed a Name(s) of Petitioner(s): May A. June 24, 1996: Petitioner’s Reply Brief Form 25 notifying the SEC that the Charbonneau. should Petitioner choose to file one Amex had removed the Company’s Type of Determination: Consolidate. [see 39 CFR 3001.115(d)] common stock from listing and Date of Filing of Appeal Papers: April July 1, 1996: Deadline for motions by registration on the Amex. At the effective time of the Merger, 15, 1996. any party requesting oral argument. the Security ceased being convertible Categories of Issues Apparently The Commission will schedule oral Raised: into the Company’s common stock and 1. Effect on postal services [39 U.S.C. argument only when it is a necessary became convertible into Sierra’s 404(b)(2)(C)]. addition to the written filings [see 39 common stock. Sierra has not otherwise 2. Effect on the community [39 U.S.C. CFR 3001.116] assumed the Company’s obligations 404(b)(2)(A)]. August 20, 1996: Expiration of the under the Security and has not After the Postal Service files the Commission’s 120-day decisional guaranteed the payment of principal, administrative record and the schedule [see 39 U.S.C. 404(b)(5)] interest or premium, if any, thereon. Commission reviews it, the Commission [FR Doc. 96–10340 Filed 4–25–96; 8:45 am] On March 22, 1996, Securities in the may find that there are more legal issues aggregate principal amount of BILLING CODE 7710±FW±P than those set forth above. Or, the $58,600,000 were outstanding and were Commission may find that the Postal held of record by fewer than 50 persons. Service’s determination disposes of one In making the decision to withdraw or more of those issues. the Security from listing on the Amex, Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices 18633 the Company has informed the act as a market-maker for the Security SUMMARY OF APPLICATION: Applicant Commission that it considered the and, moreover, the value of the Security seeks an order declaring that it has direct and indirect costs and expenses will be set by the market place and not ceased to be an investment company. associated with maintaining the listing by the Company. In response to the FILING DATES: The application was filed of the Securities on the Amex and commentor’s second letter, the on January 26, 1996 and amended on complying with the reporting Company stated that delisting the April 15, 1996. requirements of the Act. The Company Security would alleviate accounting HEARING OR NOTIFICATION OF HEARING: An also considered the limited number of fees, legal fees, listing fees, and filing order granting the application will be recordholders of the Security, the fees associated with the maintenance of issued unless the SEC orders a hearing. availability of a market maker 1 for the a listing on the Amex. The Company Interested persons may request a Security and the fact that the Company also stated that brokers should be able hearing by writing to the SEC’s no longer has other publicly traded to ascertain the quotation for the Secretary and serving applicant with a equity securities. In addition, the Security by contacting Bear, Stearns & copy of the request, personally or by Company considered that holders of the Co., Inc. Lastly, the Company stated that mail. Hearing requests should be Security will benefit to the extent that the Securities are a debt obligation of received by the SEC by 5:30 p.m. on any cost savings realized by delisting the Company and are not automatically May 17, 1996, and should be improves the credit worthiness of the assumed or guaranteed by anyone, in accompanied by proof of service on Company. this case Sierra, who becomes a applicant, in the form of an affidavit or, The Company has complied with Rule shareholder of the Company after the for lawyers, a certificate of service. 18 of the Amex by filing with the Amex issuance of the Security. Hearing requests should state the nature a certified copy of preambles and The second commentor objected to of the writer’s interest, the reason for the resolutions adopted by the Company’s the proposed delisting of the Security request, and the issues contested. Board of Directors authorizing the on the basis that there are more than 50 Persons may request notification of a withdrawal of the Security from listing holders of the Security. The Company hearing by writing to the SEC’s on the Amex, and by setting forth in responded that the indenture trustee has Secretary. detail to the Amex the reasons for such confirmed that there are fewer than 50 ADDRESSES: Secretary, SEC, 450 Fifth proposed withdrawal and the facts in record holders of the Security. Street, N.W., Washington, D.C. 20549. support thereof. The Amex has Any interested person may, on or Applicant, One Seaport Plaza, New informed the Company that it has no before May 13, 1996, submit by letter to York, New York 10292, Attention: S. objection to the withdrawal of the the Secretary of the Securities and Jane Rose, Esq. Security from listing on the Amex. Exchange Commission, 450 Fifth Street, Pursuant to Amex’s request and Amex FOR FURTHER INFORMATION CONTACT: NW., Washington, D.C. 20549, facts Mercer E. Bullard, Staff Attorney, (202) Rule 18(2)(b), the Company mailed bearing upon whether the application notice of its intention to file this 942–0565, or Alison E. Baur, Branch has been made in accordance with the Chief, (202) 942–0564 (Division of application to the registered holders of rules of the exchange and what terms, the Security on or about March 5, 1996. Investment Management, Office of if any, should be imposed by the Investment Company Regulation). In response, the Company received Commission for the protection of SUPPLEMENTARY INFORMATION: The three comment letters written by two investors. The Commission, based on following is a summary of the holders of the Security concerning the the information submitted to it, will application. The complete application Company’s application to delist the issue an order granting the application 2 may be obtained for a fee at the SEC’s Security. after the date mentioned above, unless Public Reference Branch. The first commentor objected to the the Commission determines to order a proposed delisting of the Security on hearing on the matter. Applicant’s Representations the basis that it destroys an open market for the Security, thereby allowing the For the Commission, by the Division of 1. Applicant is an open-end, Company to set the value of the Market Regulation, pursuant to delegated diversified management investment Security. In a second letter, this authority. company incorporated under Maryland commentor also requested information Jonathan G. Katz, law. On March 31, 1983, applicant regarding the nature of the cost savings Secretary. registered under the Act and filed a due to the delisting of the Security, the [FR Doc. 96–10316 Filed 4–25–96; 8:45 am] registration statement pursaunt to name of the news service that will BILLING CODE 8010±01±M Section 8(b) of the Act and the publish the quotation for the Security Securities Act of 1933. The registration and asked why Sierra would not be statement was declared effective on June liable to the holders of the Security. In [Investment Company Act Release No. 6, 1983. Applicant commenced an response to the commentor’s first letter, 21908; 811±3702] initial public offering of its shares on the Company stated that Bear, Stearns & June 13, 1983. Applicant initially Co., Inc. has confirmed that it intends to Prudential Strategist Fund, Inc.; Notice registered under the name Prudential- of Application for Deregistration Bache Research Fund, Inc., changed its 1 Bear, Stearns & Co. Inc. has indicated that it will name to Prudential Growth Fund, Inc. act as a market maker for the Security upon the April 22, 1996. on October 24, 1991, and again changed delisting of such Security from the Amex. See letter AGENCY: Securities and Exchange its name to Prudential Strategist Fund, from Stephen M. Parish, Managing Director, Bear, Commission (‘‘SEC’’). Inc. on June 23, 1994. Applicant offers Stearns & Co. Inc. to James L. Starr, Chief Financial Officer, Sierra Health Services, Inc. dated Feb. 15, ACTION: Notice of Application for three classes of shares: Class A, Class B 1995. Bear, Stearns & Co. Inc. also indicated, Deregistration under the Investment and Class C. however, that it reserves the right to cease acting Company Act of 1940 (the ‘‘Act’’). 2. On March 7, 1995, applicant’s as a market maker for the Security at any time and Board of Directors (the ‘‘Board’’) for any reason. Id. APPLICANT: Prudential Strategist Fund, 2 The Company provided the Commission with authorized the execution of an copies of the three comment letters as well as the Inc. Agreement and Plan of Rorganization Company’s responses thereto. RELEVANT ACT SECTION: Section 8(f). and Liquidation (the ‘‘Agreement’’) 18634 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices between the applicant and the Strategist Fund was determined by I. Self-Regulatory Organization’s Prudential Multi-Sector Fund, Inc. (the dividing the net asset value of each Statement of the Terms of Substance of ‘‘Multi-Sector Fund’’). The Multi-Sector share of each class of the Strategist Fund the Proposed Rule Change Fund was incorporated under Maryland by the net asset value of each share of The Exchange seeks permanent law and SEC records indicate that it is each class of the Multi-Sector Fund. approval of its rule, as proposed be to registered as an open-end, non- 8. Total expenses of the merger were amended, regarding stopping stock in diversified management investment $110,550 for printing expenses, $48,000 minimum variation markets.1 company. for solicitation expenses, $99,500 for 3. The Board approved the legal fees and expenses, and $74,100 for II. Self-Regulatory Organization’s reorganization because declining assets mailing expenses. The expenses will be Statement of the Propose of, and had resulted in increased expense ratios paid by applicant and the Multi-Sector Statutory Basis for, the Proposed Rule and the reorganization was expected to Fund in proportion to their respective Change achieve economies of scale by asset levels. Because applicant has no In its filing with the Commission, the eliminating duplicative expenses. assets and the Multi-Sector Fund has self-regulatory organization included 4. The Multi-Sector Fund and assumed all applicant’s liabilities, these statements concerning the purpose of applicant have the same investment expenses will be satisfied from the and basis for the proposed rule change adviser, Prudential Mutual Fund assets of the Multi-Sector Fund. and discussed any comments it received Management, Inc., and applicant and 9. As of the date of the application, on the proposed rule change. The text the Multi-Sector Fund accordingly may applicant had no shareholders, assets, or of these statements may be examined at be deemed to be affiliated persons. liabilities. There are no shareholders to the places specified in Item III below. Applicant therefore relied on the whom distributions in complete The self-regulatory organization has exemption provided by rule 17a–8 liquidation of their interests have not prepared summaries, set forth in under the Act to effect the merger.1 In been made. Applicant is not a party to Sections A, B, and C below, of the most accordance with the rule, the directors any litigation or administrative significant aspects of such statements. of applicant determined that the sale of proceeding. Applicant is not now applicant’s assets to the Multi-Sector engaged, nor does it propose to engage, A. Self-Regulatory Organization’s Fund was in the best interest of in any business activities other than Statement of the Purpose of, and applicant and that the interests of the those necessary for the winding up of its Statutory Basis for, the Proposed Rule shareholders of applicant would not be affairs. Change diluted by the exchange of Class A 10. Applicant intends to file Articles 1. Purpose shares, Class B shares and Class C of Dissolution with the Department of shares of applicant for Class A shares, Assessments and Taxation of the State The purpose of the proposed rule Class B shares and Class C shares of the of Maryland as soon as practicable. change is to eliminate those provisions Multi-Sector Fund, respectively. of the current pilot program regarding 5. Proxy materials were filed with the For the SEC, by the Division of Investment the execution of stopped orders in Management, under delegated authority. SEC on April 27, 1995 and distributed minimum variation markets that to applicant’s shareholders on or about Margaret H. McFarland, provide for the execution of stopped that date. On June 9, 1995, applicant’s Deputy Secretary. orders ahead of same priced limits with shareholders approved the Agreement. [FR Doc. 96–10355 Filed 4–26–96; 8:45 am] priority through the execution of 500 6. On June 23, 1995, the effective date BILLING CODE 8010±01±M shares on the book. The Exchange seeks of the merger, applicant had total net permanent approval of all other aspects assets of $180,586,169, comprising [Release No. 34±37134; File No. SR±BSE± of the rule regarding stopping stock in 8,583,943 Class A shares at a rounded 96±03] minimum variation markets. net asset value of $16.31 per share, The proposed rule will require the 2,524,094 Class B shares at a rounded Self-Regulatory Organizations; Notice execution of stopped orders in net asset value of $16.06 per share and of Filing and Order Granting minimum variation markets (a) after a 4,337 Class C shares at a rounded net Accelerated Approval of Proposed transaction takes place on the primary asset value of $16.05 per share. Rule Change by the Boston Stock market at the stopped price or higher in 7. Pursuant to the Agreement, on June Exchange, Incorporated Relating to the case of a buy order (lower in the 23, 1995 the applicant transferred all of Stopping Stock in Minimum Variation case of a sell order) or (b) at an its assets to the Multi-Sector Fund, and Markets improved price after the applicable the Multi-Sector Fund assumed all of Exchange share volume at that applicant’s liabilities, in exchange for April 22, 1996. improved price has been exhausted. In 10,248,304.170 Class A shares, Pursuant to Section 19(b)(1) of the no event will a stopped order be 3,001,830.667 Class B shares and Securities Exchange Act of 1934 5,157.037 Class C shares of the Multi- (‘‘Act’’), 15 U.S.C. § 78s(b)(1), notice is 1 The Commission initially approved the BSE’s Sector Fund. Such Class A shares, Class hereby given that on April 19, 1996, the proposal to codify procedures for stopping stock B shares and Class C shares of the Multi- Boston Stock Exchange, Incorporated and to establish a separate pilot program for stopping stock in minimum variation markets in Sector Fund were distributed pro rata to (‘‘BSE’’ or ‘‘Exchange’’) filed with the Securities Exchange Act Release No. 35068 (Dec. 8, the Class A, Class B and Class C Securities and Exchange Commission 1994), 59 FR 64717 (Dec. 15, 1994) (File No. SR– shareholders of applicant. The number (‘‘Commission’’) the proposed rule BSE–94–09) (‘‘1994 Pilot Approval Order’’). The of shares of the Multi-Sector Fund change as described in Items I, II, and Commission subsequently extended the pilot program in Securities Exchange Act Release Nos. distributed to shareholders of the III below, which Items have been 35474 (Mar. 10, 1995), 60 FR 14471 (Mar. 17, 1995) prepared by the self-regulatory (File No. SR–BSE–95–03) (‘‘March 1995 Pilot 1 Rule 17a–8 provides relief from the affiliated organization. The Commission is Approval Order’’); 36004 (July 21, 1995), 60 FR transaction prohibition of section 17(a) of the Act publishing this notice to solicit 38872 (July 28, 1995) (‘‘July 1995 Pilot Approval for a merger of investment companies that may be Order’’). This pilot program expires after April 21, affiliated person of each other solely by reason of comments on the proposed rule change 1996. In this filing, the Exchange proposes a having a common investment adviser, common from interested persons and grant modified version of its pilot program for stopping directors, and/or common officers. accelerated approval. stock in minimum variation markets. Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices 18635 executed at a price inferior to the stop should refer to File No. SR–BSE–96–03 The BSE’s pilot program allowed BSE price. The Exchange states that, as in the and should be submitted by May 17, specialists to elect to fill a stopped order case of greater than minimum variation 1996. at a better price before the limit order markets, the proposed rule will interest on the Exchange was exhausted IV. Commission’s Findings and Order continue to benefit customers because provided that the specialists adhered to Granting Accelerated Approval of they might receive a better price than certain procedures. 6 In approving this Proposed Rule Change the stop price, yet it also protects prior- portion of the BSE’s pilot program, the entered same-price limit orders on the After careful consideration, the Commission noted its serious concerns book. Commission has determined to approve that limit orders on the same side of the permanently the proposed rule change. market as the stopped orders may be 2. Statutory Basis For the reasons discussed below, the bypassed when such stopped orders are The proposed rule change is Commission finds that the proposed execute at an improved price. 7 The consistent with Section 6(b)(5) of the rule change is consistent with the stopping stock program currently being Act in that it furthers the objectives to requirements of the Act and the rules proposed, however, would only allow promote just and equitable principles of and regulations thereunder applicable to specialists to execute stopped stock trade, to foster cooperation and a national securities exchange, and, in when volume equal to all the pre- coordination with persons engaged in particular, with Section 6(b)(5) 2 and existing limit orders ahead of the regulating, clearing, settling, processing Section 11(b) 3 of the Act. stopped order prints in the primary information with respect to and Historically, the Commission has had market. Specifically, the specialist facilitating transactions in securities, to mixed reactions about the practice of would be required to execute stopped remove impediments to and perfect the stopping stock. The 1963 Report of the market orders in minimum variation mechanism of a free and open market Special Study of the Securities Markets markets either (1) at the stopped price and a national market system and, in found that unexecuted customer limit after a transaction takes place on the general, to protect investors and the orders on the specialist’s book might be primary market at the bid price or lower public interest; and is not designed to bypassed by the stopped orders.4 The for a sell order (or the offering price or permit unfair discrimination between Commission, nevertheless, has allowed higher for a buy order) on the primary customers, issuers, brokers or dealers. the practice of stopping stock in markets market or (2) at an improved price after where the spread is at least twice the the displayed BSE share volume has B. Self-Regulatory Organization’s been exhausted. Statement on Burden on Competition minimum variation because the possible harm to orders on the book is offset by The Commission believes that the The Exchange does not believe that the reduced spread that results and the Exchange’s proposed procedures for the proposed rule change will impose possibility of price improvement. stopping stock in minimum variation any inappropriate burden on Although the procedures for stopping markets are consistent with the Act in competition. stock in minimum variation markets do that they will assist specialists in providing an opportunity for primary C. Self-Regulatory Organization’s not reduce the spread between the market price protection to the customer Statement on Comments on the quotes, the Commission has allowed, on whose order is stopped, without Proposed Rule Change Received from a pilot basis, the practice on the requiring that specialists execute all pre- Members, Participants, or Others Exchange in limited circumstances.5 The Exchange now proposes existing bids or offers when such No written comments were either procedures for stopping stock in executions otherwise would not be solicited or received. minimum variation markets that have required under Exchange rules. III. Solicitation of Comments been modified from its pilot program. Moreover, the Exchange’s currently proposed procedures for stopping stock Interested persons are invited to 2 in minimum variation markets eliminate submit written data, views, and 15 U.S.C. § 78f. 3 15 U.S.C. § 78k. the potential for bypassing prior-entered arguments concerning the foregoing. 4 See SEC, Report of the Special Study of limit orders on the specialist’s book on Persons making written submissions Securities Markets of the Securities and Exchange the same side of the market as the should file six copies thereof with the Commission, H.R. Doc. No. 95, 88th Cong., 1st Sess., Pt. 2 (1963). Secretary, Securities and Exchange 6 The BSE’s pilot had a unique provision Commission, 450 Fifth Street, N.W., When stock is stopped, limit book orders on the regarding the execution of stopped orders at an opposite side of the market do not receive an improved price before pre-existing limit order Washington, D.C. 20549. Copies of the immediate execution. Consequently, if the stopped submission, all subsequent interest at the price is exhausted. order then receives an improved price, limit orders 7 As a result, in the orders approving the BSE’s amendments, all written statements at the stop price are bypassed and, if the market pilot procedures, the Commission asked the with respect to the proposed rule turns away from that limit, may never be executed. Exchange to study the effects of stopping stock in 5 change that are filed with the Recently, the Commission permanently minimum variation markets. In the July 1995 Pilot approved other exchanges’ programs for stopping Approval Order, the Commission requested that the Commission, and all written stock in minimum variation markets, which did not BSE calculate data based on twenty stocks chosen communications relating to the raise the concerns that the BSE’s pilot program by the Commission during three different days proposed rule change between the raised with respect to limit orders on the same side showing (1) how many orders and shares were Commission and any person, other than of the market as the stopped orders. In this filing, stopped in each stock, (2) the average number of the BSE amends its program to alleviate such limit orders and the average number of shares on those that may be withheld from the concerns. See Securities Exchange Act Release Nos. the book ahead of the stopped stock, (3) how many public in accordance with the 36399 (Oct. 20, 1995), 60 FR 54900 (Oct. 26, 1995) orders and shares received price improvement, and provisions of 5 U.S.C. 552, will be (permanently approving New York Stock (4) how many orders and shares were on the limit available for inspection and copying at Exchange’s pilot program for stopping stock in order book at the time each order was stopped and minimum variation markets); 36400 (Oct. 20, 1995), the number of such limit orders and shares that the Commission’s Public Reference 60 FR 54886 (Oct. 26, 1995) (permanently were not executed by the end of the trading day. Section, 450 Fifth Street, N.W., approving American Stock Exchange’s pilot After submitting the data to the Commission, the Washington, D.C. 20549. Copies of such program for stopping stock in minimum variation Exchange proposed to amend its procedures for filing will also be available for markets); 36401 (Oct. 20, 1995), 60 FR 54893 (Oct. stopping stock in minimum variation to disallow 26, 1995) (permanently approving Chicago Stock specialists from filling stopped stock at the better inspection and copying at the principal Exchange’s pilot program for stopping stock in price before the pre-existing limit orders ahead of office of the Exchange. All submissions minimum variation markets). the stopped order. 18636 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices stopped orders. The BSE’s program, as equivalent to limit orders. A limit order [Release No. 34±37133; File No. SR±PSE± currently proposed, would be is an order to buy or sell a stated 96±11] substantially similar to the program amount of security at a specified price, already in place in the Chicago Stock or better if obtainable. The Commission Self-Regulatory Organizations; Notice Exchange, Incorporated (‘‘CHX’’).8 believes that stopped orders are of Filing of Proposed Rule Change by For the above reasons, the equivalent to limit orders, in this the Pacific Stock Exchange Commission believes that the BSE instance, because the orders would be Incorporated, Relating to the FLEX proposal is consistent with Section automatically elected after a transaction Equity Options 6(b)(5) of the Act. Moreover, the takes place on the primary market at the April 19, 1996. Commission also believes that the stopped price. The Commission, Pursuant to Section 19(b)(1) of the proposal is consistent with the Rule therefore, believes that the requirements 9 Securities Exchange Act of 1934 11b–1(a)(2)(ii) of the Act. Rule 11b– imposed on the specialist for granting (‘‘Act’’),1 and Rule 19b–4 thereunder,2 1(a)(2)(ii) requires that a specialist stops in minimum variation markets notice is hereby given that on April 5, engage in a course of dealings for his provide sufficiently stringent guidelines 1996, the (‘‘PSE’’ or ‘‘Exchange’’) filed own account that assist in the to ensure that the specialist will with the Securities and Exchange maintenance, so far as practicable, of a implement the proposed rule change in Commission (‘‘Commission’’) the fair and orderly market. The a manner consistent with his market proposed rule change as described in Commission believes that the proposal 13 making duties and Section 11(b). Items I, II, and III below, which Items is consistent with the objectives of this In permanently approving the have been prepared by the Exchange. Rule because the implementation of the Exchange’s proposal, the Commission The Commission is publishing this proposal should help the specialist to expects the Exchange to continue notice to solicit comments on the provide an opportunity for price monitoring the practice of stopping proposed rule change from interested improvement to the customer whose stock in minimum variation markets persons. stop order is granted, without placing a and to take appropriate action in the burden on specialists by requiring that I. Self-Regulatory Organization’s event BSE identifies any instances of specialists execute other pre-existing Statement of the Terms of Substance of specialist non-compliance with the bids or offers when such executions the Proposed Rule Change program’s procedures. would not be otherwise required under The Exchange proposes to reduce Finally, the Commission finds good Exchange rules. from five to three the minimum number cause for approving the proposed rule The Commission also believes that the of market makers who must be qualified change prior to the thirtieth day after proposal is consistent with the to trade flexible exchange options the date of publication of notice of filing prohibition in Section 11(b) against (‘‘FLEX Options’’) on an underlying thereof. Accelerating the approval of the providing discretion to a specialist in equity security (‘‘FLEX Equity Option’’) 10 proposal would allow the BSE the handling of an order. Section 11(b) before such options may be traded on specialists to continue stopping stock in was designed, in part, to address that security. The text of the proposed minimum variation markets although potential conflicts of interest that may rule change is available at the Office of they will no longer be able to execute arise as a result of the specialist’s dual the Secretary, the Exchange, and at the stopped stock ahead of prior-entered role as agent and principal in executing Commission. stock transactions. In particular, same priced limit orders. Moreover, the Congress intended to prevent specialists BSE’s program, as currently proposed, is II. Self-Regulatory Organization’s from unduly influencing market trends substantially similar to the CHX’s Statement of the Purpose of, and through their knowledge of market procedures, which were published in Statutory Basis for, the Proposed Rule interest from the specialist’s book and the Federal Register for the full Change their handling of discretionary agency comment period and were approved by In its filing with the Commission, the 14 orders.11 The Commission has stated the Commission on October 20, 1995. Exchange included statements that, pursuant to Section 11(b), all V. Conclusion concerning the purpose of and basis for orders other than market or limit orders the proposed rule change. The text of are discretionary and therefore cannot It is therefore ordered, pursuant to these statements may be examined at be accepted by specialists.12 Section 19(b)(2) of the Act,15 that the the places specified in Item IV below. The Commission believes that it is proposed rule change (SR–BSE–96–03) The Exchange has prepared summaries, appropriate to treat stopped orders as is approved. set forth in Section (A), (B), and (C) For the Commission, by the Division of below, of the most significant aspects of 8 In permanently approving the CHX’s pilot Market Regulation, pursuant to delegated such statements. program for stopping stock in minimum variation authority.16 markets, the Commission noted that unintended Jonathan G. Katz, (A) Self-Regulatory Organization’s consequences may arise from the interplay between Statement of the Purpose of, and a regional exchange’s price protection rules and its Secretary. procedures for stopping stock. In this regard, the Statutory Basis for, the Proposed Rule Commission believed that the benefits of stopping [FR Doc. 96–10317 Filed 4–25–96; 8:45 am] Change stock in minimum variation markets sufficiently BILLING CODE 8010±01±M offset the possible harm to the limit orders on the On February 14, 1996, the book. For similar reasons, the Commission is 13 Commission approved an Exchange approving the BSE program, as proposed to be Moreover, stopped orders as ‘‘limit orders’’ would not bypass pre-existing limit orders on the proposal to list and trade FLEX Equity amended, on a permanent basis. See Securities 3 Exchange Act Release No. 36401 (Oct. 20, 1995), 60 same side of the market. Under the BSE’s new Options. Pursuant to that rule change, FR 54893 (Oct. 26, 1995). procedures being approved herein, specialists may if the Exchange trades FLEX Equity not execute a stopped order before the limit order 9 17 CFR 240.11b–1(a)(2)(ii). interest on the Exchange (at the same price as the 10 1 Section 11(b) permits a specialist to accept only stopped order) is exhausted. 15 U.S.C. 78s(b)(1). market or limit orders. 2 14 See supra note 7. 17 CFR 240.19b–4. 11 See H. Rep. No. 1383, 73d Cong. 2d Sess. 22, 3 See Securities Exchange Act Release No. 36841 S. Rep. 792, 73d Cong. 2d Sess. 18 (1934). 15 15 U.S.C. § 78s(b)(2). (February 14, 1996), 61 FR 6666 (February 21, 12 See Special Study, supra note 4. 16 17 CFR 200.30–3(a)(12). 1996). Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices 18637

Options on a security, then market Market Makers will be a sufficient amendments, all written statements participants would be able to designate number of traders to provide quotations with respect to the proposed rule certain contract terms for options of in response to requests for quotes change that are filed with the such securities, including: exercise because the Exchange expects that FLEX Commission, and all written price; exercise style (i.e., American, Equity Options will be traded in the communications relating to the European or capped); expiration date; same trading crowd as Non-FLEX proposed rule change between the and option type (i.e., put, call or Options on the same underlying Commission and any person, other than spread). securities. In this regard, the Exchange those that may be withheld from the PSE Rule 8.109(a) currently provides notes that under the current rules, two public in accordance with the for the selection of ‘‘FLEX Qualified FLEX Appointed Market Makers may be provisions of 5 U.S.C. 552, will be Market Makers,’’ i.e., market makers designated in lieu of five FLEX available for inspection and copying in whom the Exchange deems to be Qualified Market Makers to trade FLEX the Commission’s Public Reference qualified to trade Exchange Equity Equity Options.7 Section, 450 Fifth Street, N.W., Options based on the following factors: The Exchange believes that the Washington, D.C. 20549. Copies of such (1) The preference of the registrants; (2) proposed rule change is consistent with filing will also be available for the maintenance and enhancement of Section 6(b) of the Act in general and inspection and copying at the principal competition among market makers; and furthers the objectives of Section 6(b)(5) office of the Exchange. All submissions (3) the assurance that the market maker in particular in that it is designed to should refer to File No. SR–PSE–96–11 will have adequate financial resources.4 prevent fraudulent and manipulative in the caption above and should be In addition, pursuant to Rule 8.115(a), acts and practices, to promote just and submitted by May 17, 1996. FLEX Qualified Market Makers may not equitable principles of trade, and is not effect any transactions in FLEX Equity For the Commission by the Division of designed to permit unfair Market Regulation, pursuant to delegated Options unless one of more letter(s) of discrimination among customers, authority.8 guarantee has been issued by a clearing issuers, brokers or dealers. Jonathan G. Katz, member and filed with the Exchange pursuant to Rule 6.36(a). In connection B. Self-Regulatory Organization’s Secretary. with these letters of guarantee, a Statement on Burden on Competition [FR Doc. 96–10315 Filed 4–25–96; 8:45 am] clearing member must accept financial The Exchange believes that the BILLING CODE 8010±01±M responsibility for all FLEX transactions proposed rule change will impose no made by such market makers. burden on competition. PSE Rule 8.109(a) currently provides SMALL BUSINESS ADMINISTRATION that the Exchange shall appoint five or C. Self-Regulatory Organization’s more FLEX Qualified Market Makers to Statement on Comments on the Minneapolis Advisory Council Meeting each FLEX Equity Option prior to its Proposed Rule Change Received From The U.S. Small Business listing.5 The Exchange proposes to Members, Participants or Others Administration, Minneapolis, St. Paul reduce the minimum number of FLEX No written comments were solicited District Advisory Council will hold a Qualified Market Makers required under or received with respect to the proposed public meeting on Friday, May 24, 1996 Rule 8.109(a) from five to three. The rule change. at 11:30 am at the Decathlon Club, 1700 Exchange is proposing this change in East 79th Street, Bloomington, order to enhance its ability to trade III. Date of Effectiveness of the Minnesota, to discuss matters as may be FLEX Equity Options on the Exchange. Proposed Rule Change and Timing for presented by members, staff of the U.S. The Exchange believes that no undue Commission Action Small Business Administration, or financial risk to the Exchange would Within 35 days of the date of others present. result from this change because each publication of this notice in the Federal transaction of FLEX Qualified Market Register or within such longer period (i) For further information, write or call Makers will be backed by a clearing as the Commission may designate up to Mr. Edward A. Daum, District Director, member, which will accept financial 90 days of such date if it finds such U.S. Small Business Administration, responsibility for all FLEX transactions longer period to be appropriate and 610–C Butler Square, 100 North Sixth made by such market makers pursuant publishes its reasons for so finding or Street, Minneapolis, Minnesota 55403, to a letter of guarantee.6 The Exchange (ii) as to which the Exchange consents, (612) 370–2306. also believes that three FLEX Qualified the Commission will: Dated: April 22, 1996. (A) By order approve such proposed Bill Combs, 4 By contrast, under Rules 8.100 et seq., ‘‘FLEX rule change, or Associate Administrator for Office of Appointed Market Makers’’ are those individuals (B) Institute proceedings to determine who have been designated by the Exchange to trade Communication and Public Liaison. FLEX options on a specific underlying index whether the proposed rule change [FR Doc. 96–10401 Filed 4–25–96; 8:45 am] (‘‘FLEX Index Option’’) that has been approved by should be disapproved. BILLING CODE 8025±01±P the Commission for FLEX Options trading. See PSE Rules 8.100(a)(1) and 8.109(a). IV. Solicitation of Comments 5 With respect to FLEX Index Options, two FLEX Interested persons are invited to Appointed Market Makers must be approved to SOCIAL SECURITY ADMINISTRATION trade FLEX Options on a given index before the submit written data, views and Exchange may list FLEX Options on that index. arguments concerning the foregoing. Agency Information Collection FLEX Appointed Market Makers must also meet the Persons making written submissions capital requirements of Rule 8.114 (i.e., they must Activities: Submission for OMB maintain $1 million net liquidating equity and/or should file six copies thereof with the Review; Comment Request $1 million net capital (as defined by SEC Rule Secretary, Securities and Exchange 15c3–1 under the Act)), and they must also meet the Commission, 450 Fifth Street, N.W., Normally on Fridays, the Social account equity requirements of Rule 8.113(a) (i.e., Washington, D.C. 20549. Copies of the Security Administration publishes a list the net liquidating equity maintained in their individual or joint accounts must be least submission, all subsequent of information collection packages that $100,000). 6 See PSE Rule 8.115(a). 7 See PSE Rule 8.109(a). 8 17 CFR 200.30–3(a0912). 18638 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices have been submitted to the Office of The information on form HA–501 is quality, utility and clarity; and on ways Management and Budget (OMB) for used by the Social Security to minimize burden on respondents, clearance in compliance with Public Administration to document an including the use of automated Law 104–13 effective October 1, 1995, individual’s request for a hearing on an collection techniques or other forms of The Paperwork Reduction Act of 1995. unfavorable determination concerning information technology. The information collections listed his or her benefits. The respondents are Date: April 19, 1996. below, which were published in the such individuals who request a hearing. Charlotte Whitenight, Federal Register on February 26 and Number of Respondents: 625,563. Reports Clearance Officer, Social Security March 1, 1996, have been submitted to Frequency of Response: 1. Administration. OMB. Average Burden Per Response: 10 [FR Doc. 96–10203 Filed 4–25–96; 8:45 am] (Call Reports Clearance Officer on (410) minutes. BILLING CODE 4190±29±P 965–4123 for copies of package.) Estimated Annual Burden: 104,260. OMB Desk Officer: Laura Oliven. 5. Petition to Obtain Approval of a Fee for Representing a Claimant before SSA Reports Clearance Officer: DEPARTMENT OF TRANSPORTATION Charlotte S. Whitenight. the Social Security Administration— 1. Missing & Discrepant Wage Reports 0960–104. The information on form Federal Highway Administration Letter & Questionnaire—0960–0432. SSA–1560 is used to determine if a The information collected on forms representative is asking for a reasonable Environmental Impact Statement: SSA–L93, SSA–95 and SSA–97 will be fee for representing a claimant before Pierce County, WA used by the Social Security the Social Security Administration Administration to contact employers (SSA). The respondents are attorneys or AGENCY: Federal Highway reporting more wages to IRS than they other persons representing claimants Administration (FHWA), DOT. reported to SSA. Employers’ compliance before SSA. ACTION: Notice of intent. with the SSA request will enable SSA Number of Respondents: 30,492. to properly post employees’ wage Frequency of Response: 1. SUMMARY: The FHWA, Washington State records. The respondents are employers Average Burden Per Response: 30 Department of Transportation (WSDOT), with missing or discrepant wage reports. minutes. and Pierce County are issuing this Number of Respondents: 385,000. Estimated Annual Burden: 15,246. notice to advise the public that an Environmental Impact Statement (EIS) Frequency of Response: 1. 6. State Mental Institution Policy will be prepared for a proposed new Average Burden Per Response: 30 Review—0960–0110. The information roadway project in Pierce County, minutes. collected on form SSA–9584 is used by Washington between Interstate 5 and Estimated Annual Burden: 192,500 the Social Security Administration to State Route 7 (Pacific Avenue). hours. determine whether the institutions’ 2. Letter to Landlord Requesting policies and practices conform with FOR FURTHER INFORMATION CONTACT: Jim Rental Information—0960–0454. The SSA’s regulations in the use of benefits, Leonard, Area Engineer FHWA, information collected on form SSA– and whether the institution is Olympia, Washington 98501 Phone L5061 is used to determine if a rental performing other duties and Number (360) 753–9558. subsidy agreement exists between a responsibilities required of a SUPPLEMENTARY INFORMATION: The landlord and an applicant for, or representative payee. The information FHWA, in cooperation with WSDOT recipient of, Supplement Security also provides the basis for conducting and Pierce County, will prepare an EIS Income benefits. The affected public is the actual onsite review and is used in on a proposal to build a new roadway landlords who may be subsidizing such the preparation of the subsequent report between Interstate 5 at the Thorne Lane a rental arrangement. of findings and recommendations which interchange and State Route 7 (Pacific Number of Respondents: 49,000. is provided to the institutions. The Avenue) at 176th Street South. The Frequency of Response: As needed to respondents are state mental institutions proposed roadway corridor passes verify subsidy arrangements. which serve as representative payees for through a residential area in the City of Average Burden Per Response: 10 Social Security beneficiaries. Lakewood known as American Lake minutes. Number of Respondents: 183. Gardens and portions of the Fort Lewis Estimated Annual Burden: 8,167 Frequency of Response: 1 per year. Military Reservation and McChord Air hours. Average Burden per Response: 1 hour. Force Base. The EIS will include a 3. Farm Arrangement Questionnaire— Estimated Annual Burden: 183 hours. Major Investment Study (MIS) that 0960–0064. The information collected examines the overall need for the on form SSA–7157 is used to determine Social Security Administration project and alternative means of if farm rental income may be considered Written comments and reducing or meeting the demand for self-employment income for Social recommendations regarding these additional transportation capacity. Security coverage purposes. The information collections should be sent The purpose of the proposed facility respondents are individuals alleging within 60 days from the date of this is to reduce congestion on existing self-employment income from the publication, directly to the SSA Reports arterial streets and highways and to activity of renting land for farming Clearance Officer at the following provide a more direct connection for the activities. address: Social Security Administration, movement of goods and people between Number of Respondents: 38,000. DCFAM, Attn: Charlotte S. Whitenight, Interstate 5 and mid-Pierce County. The Frequency of Responses: 1. 6401 Security Blvd., 1–A–21 Operations corridor must also maintain security Average Burden Per Response: 30 Bldg., Baltimore, MD 21235. and accommodate existing and planned minutes. In addition to your comments on the operations on both military Estimated Annual Burden: 19,000 accuracy of the agency’s burden installations. Recent and planned hours. estimate, we are soliciting comments on residential and industrial development 4. Request for Hearing By the need for the information; its in the Lakewood, Spanaway, Administrative Law Judge—0960–0269. practical utility; ways to enhance its Fredrickson, American Lake, and Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices 18639

Dupont areas is creating traffic volumes avoid sensitive environmental areas. On public about the project and invite in excess of current system capacity. the east end of the corridor, the further comment. To ensure the full Under current land use plans, the areas alignment follows south of 176th Street range of issues related to this proposed on the east and west ends of the corridor South on Fort Lewis property. This action are addressed and all significant are expected to become major new alignment allows 176th Street South to issues identified, comments or employment centers within the next 20 continue as local access and avoids questions concerning this proposed years. At present, the only connections direct impacts to adjacent residential action and the EIS should be directed to between these areas and Interstate 5 are areas. the FHWA at the address listed above. The MIS/EIS will consider SR 512, SR 507 and SR 510, and (Catalog of Federal Domestic Assistance Perimeter Road. Roads connecting mid- Transportation System Management Program Number 20.205, Highway Research, Pierce County to SR 512 are already (TSM) and Transportation Demand Planning and Construction. The regulations congested (LOS E/F at many Management (TDM) methods as part of implementing Executive Order 12372 intersections during peak hours), and all roadway alternatives. These methods regarding intergovernmental consultation on peak hour LOS on SR 512 is currently would include dedicated lanes for high- Federal programs and activities apply to this LOS D and projected to be LOS E/F by occupancy vehicles (HOV) and program.) 2017 if additional east-west capacity is intelligent transportation systems (such Issued on: April 19, 1996. not added. Reaching Interstate 5 from as variable message signs, incident Jose´ M. Miranda, mid-Pierce County via SR 507 and SR response systems, and emergency Environmental Program Manager, Olympia, 510 requires over 30 miles of travel, telephones). Additional strategies to be Washington. compared to 13 miles via SR 512. evaluated include employer-based TDM [FR Doc. 96–10323 Filed 4–25–96; 8:45 am] Perimeter Road is owned by McChord programs such as subsidized transit BILLING CODE 4910±22±M Air Force Base and may be closed passes, vanpools, ridesharing, and whenever necessary to maintain alternative work schedules. military security. A newsletter describing the proposed Environmental Assessment/Finding of The alternatives under consideration roadway was mailed to all postal No Significant Impact; Barney Circle include roadway alternatives, patrons and residential and non- Freeway Modification Project, transportation system management, residential property owners in the Washington, DC transportation demand management, project vicinity in January, 1996. Public and the no-action alternative. The informational (pre-scoping) meetings on AGENCY: Federal Highway roadway alternatives corridor is the proposed project were held on Administration (FHWA), DOT. approximately six miles long. The February 15, 1996 in American Lake ACTION: Notice of finding of no proposed roadway would be four to six Gardens and February 20, 1996 in the significant impact. lanes with limited access. Access would Spanaway Lake area. At these meetings, be considered at two locations in the information was provided on six SUMMARY: The FHWA is issuing this American Lake Gardens area (possible alternative alignments through the notice to advise the public that a locations include 150th Street SW, American Lake Gardens area, including Finding Of No Significant Impact Spring Street [76th Avenue SW], the three described above. Two (FONSI) was signed by the FHWA’s Woodbrook Road, and the Fort Lewis alignments on 176th Street South near District of Columbia Division Logistics Center), A Street, and Pacific Avenue were described, also Administrator on April 16, 1996, after Spanaway Loop Road. including the alignment described reviewing and analyzing the Roadway alternatives to be considered above. In addition, maps and Environmental Assessment (EA) and include three alignments in the descriptive information on the entire associated public comments for the American Lake Gardens area. One corridor were provided. Comments on Barney Circle Freeway Modification alignment follows Murray Road and the project, and especially on which Project in Washington, DC . turns east to follow the northern border alternatives should be evaluated in the After reviewing and analyzing of Fort Lewis on military property. The MIS/EIS were taken orally and in currently available data and information second alignment passes diagonally writing. These public comments were on existing conditions, project impacts, through American Lake Gardens from considered in selecting the three measures to mitigate those impacts, and the Thorne Lane interchange, across American Lake Garden alignments and comments from the public and 150th Street SW, reaching the northern 176th Street South alignment that will governmental agencies, the FHWA has edge of Fort Lewis west of Woodbrook be evaluated in the MIS/EIS. determined that there are no new Road and continuing east on military Announcements for the meetings and significant impacts that would require property. The third alignment also the information distributed stated that the FHWA to prepare a Supplemental passes diagonally through American comments received would be Environmental Impact Statement (SEIS) Lake Gardens from the Thorne Lane considered part of the MIS/EIS scoping or to modify the 1984 FHWA Record of interchange, and follows 150th Street process. Decision (ROD) to construct the SW east past Lake Mondress where it The scoping process for the MIS/EIS Selected Alternative, as proposed in the turns south to join the other alignments. will include press releases and 1983 Final Environmental Impact Between American Lake Gardens and advertisements in local newspapers Statement (FEIS) for the Barney Circle the Spanaway Lake area, the Corridor inviting further comments on the Freeway Modification Project. This passes through Fort Lewis and McChord proposed alternatives and their FONSI is based on the 1995 EA and Air Force Base. In this area, only one potential impacts. Agencies and Public Review and Comment Record, alignment will be evaluated. This is organizations potentially interested in both of which are summarized in the because the proposed corridor is or with jurisdiction over specific FONSI. These documents have been constrained by the need to maintain environmental features related to the independently evaluated by the FHWA security at both installations, to project will be contacted by letter and and determined to adequately and accommodate existing and proposed offered briefings upon their request. accurately discuss the need for the military operations including the Additional newsletters will be proposed project, the environmental McChord Air Force Base runway, and to distributed to continue to inform the changes, issues, and impacts that have 18640 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices occurred since preparation of the 1983 Major concerns addressed in the EA SUPPLEMENTARY INFORMATION: Customs FEIS, and the appropriate mitigation include: (1) the discovery of invites the general public and other measures. These documents provide contaminated materials in the western Federal agencies to comment on sufficient evidence and analysis for section of the proposed freeway, (2) proposed and/or continuing information determining that a SEIS is not required. environmental justice, (3) cumulative collections pursuant to the Paperwork The FHWA takes full responsibility for impacts, and (4) the federal ecological Reduction Act of 1995 (Public Law 104– the accuracy, scope, and content of the management initiative. A summary 13; 44 U.S.C. 3505(c)(2)). The comments 1995 EA, Public Review and Comment discussion of each of these issues is should address the accuracy of the Record, and the FONSI document. The presented in the FONSI document, burden estimates and ways to minimize FHWA reiterates its determination that which is available to the public for the burden including the use of there is no feasible and prudent review. Comments or questions automated collection techniques or the alternative to the use of land from concerning the FONSI should be use of other forms of information Anacostia and Garfield Parks, and that directed to the FHWA at the address technology, as well as other relevant the proposed action includes all provided above. aspects of the information collection. possible planning to minimize harm to (Catalog of Federal Domestic Assistance The comments that are submitted will these properties resulting from such use. Program number 20.205, Highway Planning be summarized and included in the and Construction. The regulations Customs request for Office of FOR FURTHER INFORMATION CONTACT: Walt implementing Executive Order 12372 Management and Budget (OMB) Adams, Assistant Division regarding intergovernmental consultation on approval. All comments will become a Administrator, Federal Highway federal programs and activities apply to this matter of public record. In this Administration, 820 First Street, N.E., program.) document Customs is soliciting Suite 750, Washington, DC 20002, (202) Authority: 23 U.S.C. 315, 49 CFR 1.48. comments concerning the following 523–0163. Office hours are 8:00 a.m.- Issued on: April 19, 1996. information collection: 4:30 p.m. Walt Adams, Title: Request for Temporary SUPPLEMENTARY INFORMATION: The basis Assistant Division Administrator. Identification Card. for the 1996 FONSI for the proposed [FR Doc. 96–10371 Filed 4–25–96; 8:45 am] OMB Number: 1515–0128. Barney Circle Freeway Modification BILLING CODE 4910±22±P Form Number: N/A. Project is discussed in the document. It Abstract: Cartmen, Lightermen, and has been developed in compliance with airport employers may request a the National Environmental Policy Act DEPARTMENT OF THE TREASURY temporary identification card to be (NEPA). The Barney Circle Freeway issued to their employees if they can Modification Project, as proposed by the Customs Service show that a hardship to their business District of Columbia Department of would result pending the issuance of a Public Works (DCDPW), completes a Proposed Collection; Comment permanent identification card. Request; Request for Temporary portion of the Interstate highway system Current Actions in the southeast area of the District of Identification Card Columbia. It would connect the AGENCY: U.S. Customs, Department of There are no changes to the Eisenhower Freeway (I–295) at Barney the Treasury. information collection. This submission is being submitted to extend the Circle with a logical terminus, via a 1.4- ACTION: Notice and request for expiration date. mile four-lane freeway and bridge, at the comments. Anacostia Freeway. The goal of the Type of Review: Extension (without project is to provide a direct link SUMMARY: As part of its continuing effort change). between central Washington, D.C., and to reduce paperwork and respondent Affected Public: Business or other for- areas to the northeast and east, and to burden, Customs invites the general profit institutions. divert through traffic from local streets public and other Federal agencies to Estimated Number of Respondents: to higher-capacity roadways. The 1995 comment on an information collection 150. Barney Circle Freeway Modification requirement concerning the Request for Estimated Time Per Respondent: 30 Project EA was prepared to determine if Temporary Identification Card. This minutes. any new conditions, changes in request for comment is being made Estimated Total Annual Burden government policy, or new pursuant to the Paperwork Reduction Hours: 300. environmental issues have occurred, Act of 1995 (Pub. L. 104–13; 44 U.S.C. Estimated Total Annualized Cost on since completion of the 1983 FEIS and 3505(c)(2)). the Public: $1,200. the subsequent re-evaluations of the DATES: Written comments should be Dated: April 18, 1996. FEIS in 1989 and 1993, that would received on or before June 25, 1996, to John Turner, affect or modify the basis for FHWA’s be assured of consideration. Acting Leader, Printing and Records Services 1984 Record of Decision (ROD). ADDRESSES: Direct all written comments Group. The FHWA has reviewed and to U.S. Customs Service, Printing and [FR Doc. 96–10410 Filed 4–25–96; 8:45 am] analyzed available data and information Records Services Group, Room 6216, BILLING CODE 4820±02±P on existing conditions, project impacts, 1301 Constitution Ave., NW, and measures to mitigate those impacts, Washington, D.C. 20229. and the comments from the public and FOR FURTHER INFORMATION CONTACT: Proposed Collection; Comment governmental agencies. The FHWA has Requests for additional information or Request; Entry and Manifest of determined that there are no new copies of the form(s) and instructions Merchandise Free of Duty significant impacts that would require should be directed to U.S. Customs AGENCY: U.S. Customs, Department of the FHWA to prepare a SEIS or to Service, Attn.: J. Edgar Nichols, Room the Treasury. modify the 1984 ROD to construct the 6216, 1301 Constitution Avenue NW, ACTION: Notice and request for Selected Alternative, as proposed in the Washington, D.C. 20229, Tel. (202) 927– comments. 1983 FEIS. 1426. Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices 18641

SUMMARY: As part of its continuing effort Type of Review: Extension (without technology, as well as other relevant to reduce paperwork and respondent change). aspects of the information collection. burden, Customs invites the general Affected Public: Business or other for- The comments that are submitted will public and other Federal agencies to profit institutions. be summarized and included in the comment on an information collection Estimated Number of Respondents: Customs request for Office of requirement concerning the Entry and 4,950. Management and Budget (OMB) Manifest of Merchandise Free of Duty. Estimated Time Per Respondent: 5 approval. All comments will become a This request for comment is being made minutes. matter of public record. In this pursuant to the Paperwork Reduction Estimated Total Annual Burden document Customs is soliciting Act of 1995 (Pub. L. 104–13; 44 U.S.C. Hours: 8,247. comments concerning the following 3505(c)(2)). Estimated Total Annualized Cost on information collection: the Public: $123,700. DATES: Written comments should be Title: Disclosure of Information on received on or before June 25, 1996, to Dated: April 18, 1996. Inward and Outward Vessel Manifest. be assured of consideration. John Turner, OMB Number: 1515–0124. Form Number: N/A. ADDRESSES: Direct all written comments Acting Leader, Printing and Records Services Group. Abstract: This information is used to to U.S. Customs Service, Printing and grant a domestic importer’s, consignee’s, [FR Doc. 96–10411 Filed 4–25–96; 8:45 am] Records Services Group, Room 6216, and exporter’s request for confidentially 1301 Constitution Ave., NW., BILLING CODE 4820±02±P of its identy from public disclosure. Washington, D.C. 20229. Current Actions: There are no changes FOR FURTHER INFORMATION CONTACT: Proposed Collection; Comment to the information collection. This Requests for additional information or Request; Disclosure of Information on submission is being submitted to extend copies of the form(s) and instructions Inward and Outward Vessel Manifest the expiration date. should be directed to U.S. Customs Type of Review: Extension (without Service, Attn.: J. Edgar Nichols, Room AGENCY: U.S. Customs, Department of change). 6216, 1301 Constitution Avenue NW., the Treasury. Affected Public: Business or other for- Washington, D.C. 20229, Tel. (202) 927– ACTION: Notice and request for profit institutions. 1426. comments. Estimated Number of Respondents: SUPPLEMENTARY INFORMATION: Customs 578. invites the general public and other SUMMARY: As part of its continuing effort Estimated Time Per Respondent: 30 Federal agencies to comment on to reduce paperwork and respondent minutes. Estimated Total Annual Burden proposed and/or continuing information burden, Customs invites the general Hours: 289. collections pursuant to the Paperwork public and other Federal agencies to comment on an information collection Estimated Total Annualized Cost on Reduction Act of 1995 (Public Law 104– the Public: $1,400. 13; 44 U.S.C. 3505(c)(2)). The comments requirement concerning the Disclosure should address the accuracy of the of Information on Inward and Outward John Turner, burden estimates and ways to minimize Vessel Manifest. This request for Acting Leader, Printing and Records Services the burden including the use of comment is being made pursuant to the Group. automated collection techniques or the Paperwork Reduction Act of 1995 (Pub. [FR Doc. 96–10412 Filed 4–25–96; 8:45 am] use of other forms of information L. 104–13; 44 U.S.C. 3505(c)(2)). BILLING CODE 4820±02±P technology, as well as other relevant DATES: Written comments should be aspects of the information collection. received on or before June 25, 1996, to Proposed Collection; Comment The comments that are submitted will be assured of consideration. Request; Foreign Trade Zone Annual be summarized and included in the ADDRESSES: Direct all written comments Reconciliation Certification and Customs request for Office of to U.S. Customs Service, Printing and Record Keeping Requirement Management and Budget (OMB) Records Services Group, Room 6216, approval. All comments will become a 1301 Constitution Ave., NW., AGENCY: U.S. Customs, Department of matter of public record. In this Washington, DC 20229. the Treasury. document Customs is soliciting FOR FURTHER INFORMATION CONTACT: ACTION: Notice and request for comments concerning the following Requests for additional information or comments. information collection: copies of the form(s) and instructions Title: Entry and Manifest of should be directed to U.S. Customs SUMMARY: As part of its continuing effort Merchandise Free of Duty. Service, Attn.: J. Edgar Nichols, Room to reduce paperwork and respondent OMB Number: 1515–0051. 6216, 1301 Constitution Avenue NW., burden, Customs invites the general Form Number: Customs Form 7523. Washington, DC 20229, Tel. (202) 927– public and other Federal agencies to Abstract: Customs Form 7523 is used 1426. comment on an information collection by carriers and importers as a manifest SUPPLEMENTARY INFORMATION: Customs requirement concerning the Foreign for the entry of merchandise free of duty invites the general public and other Trade Zone Annual Reconciliation under certain condition and by Customs Federal agencies to comment on Certification and Record Keeping to authorize the entry of such proposed and/or continuing information Requirement. This request for comment merchandise. It is also used by carriers collections pursuant to the Paperwork is being made pursuant to the to show that the articles being imported Reduction Act of 1995 (Public Law 104– Paperwork Reduction Act of 1995 (Pub. are to be released to the importer or 13; 44 U.S.C. 3505(c)(2)). The comments L. 104–13; 44 U.S.C. 3505(c)(2)). consignee. should address the accuracy of the DATES: Written comments should be Current Actions: There are no changes burden estimates and ways to minimize received on or before June 25, 1996 to to the information collection. This the burden including the use of be assured of consideration. submission is being submitted to extend automated collection techniques or the ADDRESSES: Direct all written comments the expiration date. use of other forms of information to U.S. Customs Service, Printing and 18642 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices

Records Services Group, Room 6216, Proposed Collection; Comment Current Actions: There are no changes 1301 Constitution Ave., NW, Request; Documents Required Aboard to the information collection. This Washington, D.C. 20229. Private Aircraft submission is being submitted to extend FOR FURTHER INFORMATION CONTACT: the expiration date. AGENCY: U.S. Customs, Department of Type of Review: Extension (without Requests for additional information or the Treasury. copies of the form(s) and instructions change). ACTION: Notice and request for Affected Public: Business or other for- should be directed to U.S. Customs comments. Service, Attn.: J. Edgar Nichols, Room profit institutions. Estimated Number of Respondents: 6216, 1301 Constitution Avenue NW, SUMMARY: As part of its continuing effort 144,000. Washington, D.C. 20229, Tel. (202) 927– to reduce paperwork and respondent Estimated Time Per Respondent: 1 1426. burden, Customs invites the general minute. public and other Federal agencies to SUPPLEMENTARY INFORMATION: Customs Estimated Total Annual Burden comment on an information collection invites the general public and other Hours: 2,390. requirement concerning the Documents Federal agencies to comment on Estimated Total Annualized Cost on Required Aboard Private Aircraft. This proposed and/or continuing information the Public: $38,240. request for comment is being made collections pursuant to the Paperwork John Turner, Reduction Act of 1995 (Public Law 104– pursuant to the Paperwork Reduction Act of 1995 (Public Law 104–13; 44 Acting Leader, Printing and Records Services 13; 44 U.S.C. 3505(c)(2)). The comments Group. should address the accuracy of the U.S.C. 3505(c)(2)). [FR Doc. 96–10414 Filed 4–25–96; 8:45 am] burden estimates and ways to minimize DATES: Written comments should be the burden including the use of received on or before June 25, 1996, to BILLING CODE 4820±02±P automated collection techniques or the be assured of consideration. use of other forms of information ADDRESSES: Direct all written comments Proposed Collection; Comment technology, as well as other relevant to U.S. Customs Service, Printing and Request; Automotive Products Trade aspects of the information collection. Records Services Group, Room 6216, Act of 1965 The comments that are submitted will 1301 Constitution Ave., NW, be summarized and included in the Washington, D.C. 20229. AGENCY: U.S. Customs, Department of Customs request for Office of FOR FURTHER INFORMATION CONTACT: the Treasury. Management and Budget (OMB) Requests for additional information or ACTION: Notice and request for approval. All comments will become a copies of the form(s) and instructions comments. matter of public record. In this should be directed to U.S. Customs document Customs is soliciting Service, Attn.: J. Edgar Nichols, Room SUMMARY: As part of its continuing effort comments concerning the following 6216, 1301 Constitution Avenue NW, to reduce paperwork and respondent information collection: Washington, D.C. 20229, Tel. (202) 927– burden, Customs invites the general Title: Foreign Trade Zone Annual 1426. public and other Federal agencies to comment on an information collection Reconciliation Certification and Record SUPPLEMENTARY INFORMATION: Customs Keeping Requirement. invites the general public and other requirement concerning the Automotive Products Trade Act of 1965. This OMB Number: 1515–0151. Federal agencies to comment on proposed and/or continuing information request for comment is being made Form Number: N/A. pursuant to the Paperwork Reduction Abstract: Each Foreign Trade Zone collections pursuant to the Paperwork Reduction Act of 1995 (Pub. L. 104–13; Act of 1995 (Pub. L. 104–13; 44 U.S.C. Operator will be responsible for 3505(c)(2)). maintaining its inventory control in 44 U.S.C. 3505(c)(2)). The comments DATES: Written comments should be compliance with statue and regulations. should address the accuracy of the received on or before June 25, 1996, to The operator will furnish Customs an burden estimates and ways to minimize be assured of consideration. annual certification of their compliance. the burden including the use of ADDRESSES: Direct all written comments Current Actions: There are no changes automated collection techniques or the to U.S. Customs Service, Printing and to the information collection. This use of other forms of information Records Services Group, Room 6216, submission is being submitted to extend technology, as well as other relevant 1301 Constitution Ave., NW, the expiration date. aspects of the information collection. The comments that are submitted will Washington, D.C. 20229. Type of Review: Extension (without be summarized and included in the change). FOR FURTHER INFORMATION CONTACT: Customs request for Office of Requests for additional information or Affected Public: Business or other for- Management and Budget (OMB) copies of the form(s) and instructions profit institutions. approval. All comments will become a should be directed to U.S. Customs Estimated Number of Respondents: matter of public record. In this Service, Attn.: J. Edgar Nichols, Room 171. document Customs is soliciting 6216, 1301 Constitution Avenue NW, Estimated Time Per Respondent: 70 comments concerning the following Washington, D.C. 20229, Tel. (202) 927– minutes. information collection: 1426. Estimated Total Annual Burden Title: Documents Required Aboard SUPPLEMENTARY INFORMATION: Customs Hours: 199 Private Aircraft. invites the general public and other Estimated Total Annualized Cost on OMB Number: 1515–0175. Federal agencies to comment on the Public: $855. Form Number: N/A. proposed and/or continuing information John Turner, Abstract: The documents required by Customs regulations for private aircraft collections pursuant to the Paperwork Acting Leader, Printing and Records Services arriving from foreign countries pertain only Reduction Act of 1995 (Pub. L. 104–13; Group. to baggage declarations. Customs also 44 U.S.C. 3505(c)(2)). The comments [FR Doc. 96–10413 Filed 4–25–96; 8:45 am] requires that the pilots present documents should address the accuracy of the BILLING CODE 4820±02±P required by FAA to be on the plane. burden estimates and ways to minimize Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices 18643 the burden including the use of ADDRESSES: Direct all written comments Proposed Collection; Comment automated collection techniques or the to U.S. Customs Service, Printing and Request; Inward Cargo Manifest for use of other forms of information Records Services Group, Room 6216, Vessels technology, as well as other relevant 1301 Constitution Ave., NW, aspects of the information collection. Washington, D.C. 20229. AGENCY: U.S. Customs, Department of the Treasury. The comments that are submitted will FOR FURTHER INFORMATION CONTACT: be summarized and included in the Requests for additional information or ACTION: Notice and request for Customs request for Office of copies of the form(s) and instructions comments. Management and Budget (OMB) should be directed to U.S. Customs SUMMARY: As part of its continuing effort approval. All comments will become a Service, Attn.: J. Edgar Nichols, Room to reduce paperwork and respondent matter of public record. In this 6216, 1301 Constitution Avenue NW, burden, Customs invites the general document Customs is soliciting Washington, D.C. 20229, Tel. (202) 927– public and other Federal agencies to comments concerning the following 1426. comment on an information collection information collection: SUPPLEMENTARY INFORMATION: Customs requirement concerning the Inward Title: Automotive Products Trade Act invites the general public and other Cargo Manifest for Vessels. This request of 1965. Federal agencies to comment on for comment is being made pursuant to OMB Number: 1515–0178. proposed and/or continuing information the Paperwork Reduction Act of 1995 Form Number: N/A. collections pursuant to the Paperwork Abstract: The documents required by (Pub. L. 104–13; 44 U.S.C. Reduction Act of 1995 (Pub. L. 104–13; Customs regulations for private aircraft 3506(c)(2)(A)). 44 U.S.C. 3505(c)(2)). The comments arriving from foreign countries pertain DATES: Written comments should be should address the accuracy of the only to baggage declarations. Customs received on or before June 25, 1996, to burden estimates and ways to minimize also requires that the pilots present be assured of consideration. the burden including the use of documents required by FAA to be on ADDRESSES: Direct all written comments automated collection techniques or the the plane. to U.S. Customs Service, Printing and Current Actions: There are no changes use of other forms of information Records Services Group, Room 6216, to the information collection. This technology, as well as other relevant 1301 Constitution Ave., NW, submission is being submitted to extend aspects of the information collection. Washington, D.C. 20229. The comments that are submitted will the expiration date. FOR FURTHER INFORMATION CONTACT: be summarized and included in the Type of Review: Extension (without Requests for additional information or Customs request for Office of change). copies of the form(s) and instructions Management and Budget (OMB) Affected Public: Business or other for- should be directed to U.S. Customs approval. All comments will become a profit institutions. Service, Attn.: J. Edgar Nichols, Room matter of public record. In this Estimated Number of Respondents: 6216, 1301 Constitution Avenue NW, document Customs is soliciting 210. Washington, D.C. 20229, Tel. (202) 927– comments concerning the following Estimated Time Per Respondent: 12 1426. hours. information collection: SUPPLEMENTARY INFORMATION: Customs Estimated Total Annual Burden Title: Line Release Regulations. Hours: 27,510. invites the general public and other OMB Number: 1515–0181. Federal agencies to comment on Estimated Total Annualized Cost on Form Number: N/A. the Public: $290,850. proposed and/or continuing information Abstract: Line release was developed collections pursuant to the Paperwork John Turner, to release and track high volume and Reduction Act of 1995 (Pub. L. 104–13; Acting Leader, Printing and Records Services repetitive shipments using bar code 44 U.S.C. 3506(c)(2)(A)). The comments Group. technology and PCS. An application is should address the accuracy of the [FR Doc. 96–10415 Filed 4–25–96; 8:45 am] submitted to Customs by the filer and a burden estimates and ways to minimize BILLING CODE 4820±02±P common commodity classification code the burden including the use of (C4) is assigned to the application. automated collection techniques or the Current Actions: There are no changes use of other forms of information Proposed Collection; Comment to the information collection. This technology, as well as other relevant Request; Line Release Regulations submission is being submitted to extend aspects of the information collection. the expiration date. AGENCY: U.S. Customs, Department of The comments that are submitted will the Treasury. Type of Review: Extension (without be summarized and included in the change). ACTION: Customs request for Office of Notice and request for Affected Public: Business or other for- comments. Management and Budget (OMB) profit institutions. approval. All comments will become a SUMMARY: As part of its continuing effort Estimated Number of Respondents: matter of public record. In this to reduce paperwork and respondent 168. document Customs is soliciting burden, Customs invites the general Estimated Time Per Respondent: 15 comments concerning the following public and other Federal agencies to minutes. information collection: comment on an information collection Estimated Total Annual Burden Title: Inward Cargo Manifest for requirement concerning the Line Hours: 4,200. Vessels Release Regulations. This request for Estimated Total Annualized Cost on OMB Number: 1515–0049 comment is being made pursuant to the the Public: $285,000. Form Number: Customs Form 7533 Paperwork Reduction Act of 1995 (Pub. John Turner, Abstract: Vessels under five tons and L. 104–13; 44 U.S.C. 3505(c)(2)). Acting Leader, Printing and Records Services any vehicle carrying merchandise and DATES: Written comments should be Group. arriving from contiguous country must received on or before June 25, 1996, to [FR Doc. 96–10416 Filed 4–25–96; 8:45 am] report their arrival in the U.S. and be assured of consideration. BILLING CODE 4820±02±P produce a manifest on Customs Form 18644 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices

7533 listing merchandise being comments should address the accuracy Act of 1995 (Public Law 104–13; 44 conveyed. of the burden estimates and ways to U.S.C. 3506(c)(2)(A)). Current Actions: There are no changes minimize the burden including the use DATES: Written comments should be to the information collection. This of automated collection techniques or received on or before June 25, 1996, to submission is being submitted to extend the use of other forms of information be assured of consideration. the expiration date. technology, as well as other relevant Type of Review: Extension (without aspects of the information collection. ADDRESSES: Direct all written comments change). The comments that are submitted will to U.S. Customs Service, Printing and Affected Public: Business or other for- be summarized and included in the Records Services Group, Room 6216, profit institutions. Customs request for Office of 1301 Constitution Ave., NW., Estimated Number of Respondents: Management and Budget (OMB) Washington, D.C. 20229. 20,000. approval. All comments will become a FOR FURTHER INFORMATION CONTACT: Estimated Time Per Respondent: 5 matter of public record. Requests for additional information or minutes. In this document Customs is soliciting copies of the form(s) and instructions Estimated Total Annual Burden comments concerning the following should be directed to U.S. Customs Hours: 41,650. information collection: Service, Attn.: J. Edgar Nichols, Room Estimated Annualized Cost to the Title: Petition for Remission or 6216, 1301 Constitution Avenue NW., Public: $499,800. Mitigation. Washington, D.C. 20229, Tel. (202) 927– John Turner, OMB Number: 1515–0052. 1426. Acting Leader, Printing and Records Services Form Number: Customs Form 4609. SUPPLEMENTARY INFORMATION: Customs Group. Abstract: Persons whose property is invites the general public and other [FR Doc. 96–10417 Filed 4–25–96; 8:45 am] seized or who incur monetary penalties Federal agencies to comment on BILLING CODE 4820±02±P due to violations of the Tariff Act are proposed and/or continuing information entitled to seek remission or mitigation collections pursuant to the Paperwork by means of an informal appeal. This Reduction Act of 1995 (Public Law 104– Proposed Collection; Comment form gives the violator the opportunity 13; 44 U.S.C. 3506(c)(2)(A)). The Request; Petition for Remission or to claim mitigation and provides a comments should address the accuracy Mitigation record of such administrative appeals. of the burden estimates and ways to Current Actions: There are no changes minimize the burden including the use AGENCY: U.S. Customs, Department of to the information collection. This the Treasury. of automated collection techniques or submission is being submitted to extend the use of other forms of information ACTION: Notice and request for the expiration date. technology, as well as other relevant comments. Type of Review: Extension (without aspects of the information collection. change). The comments that are submitted will SUMMARY: As part of its continuing effort Affected Public: Business or other for- to reduce paperwork and respondent be summarized and included in the profit institutions. Customs request for Office of burden, Customs invites the general Estimated Number of Respondents: public and other Federal agencies to Management and Budget (OMB) 28,000. approval. All comments will become a comment on an information collection Estimated Time Per Respondent: 19 matter of public record. In this requirement concerning the Petition for minutes. document Customs is soliciting Remission or Mitigation. This request Estimated Total Annual Burden comments concerning the following for comment is being made pursuant to Hours: 8,834. information collection: the Paperwork Reduction Act of 1995 Estimated Annualized Cost to the (Pub. L. 104–13; 44 U.S.C. Public: N/A. Title: Master’s Oath of Vessel in Foreign Trade. 3506(c)(2)(A)). John Turner, OMB Number: 1515–0060. DATES: Written comments should be Acting Leader, Printing and Records Services received on or before June 25, 1996, to Group. Form Number: Customs Form 1300. be assured of consideration. [FR Doc. 96–10418 Filed 4–25–96; 8:45 am] Abstract: CF–1300 is used by the ADDRESSES: Direct all written comments BILLING CODE 4820±02±P master of a vessel to attest to the to U.S. Customs Service, Printing and truthfulness of all other forms Records Services Group, Room 6216, associated with the manifest. The form 1301 Constitution Ave., NW, Proposed Collection; Comment also serves to record information on the Washington, D.C. 20229. Request; Master's Oath of Vessel in tonnage tax to prevent overpayment of FOR FURTHER INFORMATION CONTACT: Foreign Trade that tax. Requests for additional information or Current Actions: There are no changes AGENCY: U.S. Customs, Department of to the information collection. This copies of the form(s) and instructions the Treasury. should be directed to U.S. Customs submission is being submitted to extend ACTION: Notice and request for Service, Attn.: J. Edgar Nichols, Room the expiration date. comments. 6216, 1301 Constitution Avenue NW, Type of Review: Extension (without Washington, D.C. 20229, Tel. (202) 927– SUMMARY: As part of its continuing effort change). 1426. to reduce paperwork and respondent Affected Public: Business or other for- SUPPLEMENTARY INFORMATION: Customs burden, Customs invites the general profit institutions. invites the general public and other public and other Federal agencies to Estimated Number of Respondents: Federal agencies to comment on comment on an information collection 12,000. proposed and/or continuing information requirement concerning the Master’s Estimated Time Per Respondent: 5 collections pursuant to the Paperwork Oath of Vessel in Foreign Trade. This minutes. Reduction Act of 1995 (Public Law 104– request for comment is being made Estimated Total Annual Burden 13; 44 U.S.C. 3506(c)(2)(A)). The pursuant to the Paperwork Reduction Hours: 21,991. Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices 18645

Estimated Annualized Cost to the Form Number: Customs Form 3229. Federal Agencies to comment on Public: $285,820. Abstract: This certification is required proposed and/or continuing information John Turner, to determine whether an importer is collections pursuant to the Paperwork Acting Leader, Printing and Records Services entitled to duty-free for goods which are Reduction Act of 1995 (Pub. L. 104-13; Group. the growth or product of a U.S. insular 44 U.S.C. 3506(c)(2)(A)). The comments [FR Doc. 96–10419 Filed 4–25–96; 8:45 am] possession and which contain foreign should address the accuracy of the BILLING CODE 4820±02±P materials representing no more than 70 burden estimates and ways to minimize percent of the goods total value. the burden including the use of Current Actions: There are no changes automated collection techniques or the Proposed Collection; Comment to the information collection. This use of other forms of information Request; Certificate of Origin submission is being submitted to extend technology, as well as other relevant the expiration date. aspects of the information collection. AGENCY: Customs Service , Department Type of Review: Extension (without The comments that are submitted will of the Treasury. change). be summarized and included in the ACTION: Notice and request for Affected Public: Business or other for- Customs request for Office of comments. profit institutions. Management and Budget (OMB) Estimated Number of Respondents: approval. All comments will become a SUMMARY: As part of its continuing effort 10. matter of public record. In this to reduce paperwork and respondent Estimated Time Per Respondent: 20 document Customs is soliciting burden, Customs invites the general minutes. comments concerning the following public and other Federal agencies to Estimated Total Annual Burden information collection: comment on an information collection Hours: 113. Title: Immediate Delivery requirement concerning the Certificate Estimated Total Annualized Cost on Application. of Origin. This request for comment is the Public: $1,030. OMB Number: 1515–0069. being made pursuant to the Paperwork John Turner, Form Number: Customs Form 3461 Reduction Act of 1995 (Public Law 104– Acting Leader, Printing and Records Services and 3461 Alternate. 13; 44 U.S.C. 3505(c)(2)). Group. Abstract: Customs Form 3461 and DATES: Written comments should be [FR Doc. 96–10420 Filed 4–25–96; 8:45 am] 3461 Alternate are used by importers to received on or before June 25, 1996 to BILLING CODE 4820±02±P provide Customs with the necessary be assured of consideration. information in order to examine and ADDRESSES: Direct all written comments release imported cargo. to U.S. Customs Service, Printing and Proposed Collection; Comment Current Actions: There are no changes Records Services Group, Room 6216, Request; Immediate Delivery to the information collection. This 1301 Constitution Ave., NW., Application submission is being submitted to extend Washington, D.C. 20229. the expiration date. AGENCY: Customs Service, Department FOR FURTHER INFORMATION CONTACT: Type of Review: Extension (without of the Treasury Requests for additional information or change) copies of the form(s) and instructions ACTION: Notice and request for Affected Public: Business or other for- should be directed to U.S. Customs comments. profit institutions. Estimated Number of Respondents: Service, Attn.: J. Edgar Nichols, Room SUMMARY: As part of its continuing effort 6216, 1301 Constitution Avenue NW., 6,100. to reduce paperwork and respondent Estimated Time Per Respondent: 30 Washington, D.C. 20229, Tel. (202) 927– burden, Customs invites the general 1426. minutes. public and other Federal agencies to Estimated Total Annual Burden SUPPLEMENTARY INFORMATION: Customs comment on an information collection Hours: 838,158. invites the general public and other requirement concerning the Immediate Estimated Annualized Cost to the Federal agencies to comment on Delivery Application. This request for Public: $11,440,860. proposed and/or continuing information comment is being made pursuant to the John Turner, collections pursuant to the Paperwork Paperwork Reduction Act of 1995 (Pub. Reduction Act of 1995 (Public Law 104– Acting Leader, Printing and Records Services L. 104–13; 44 U.S.C. 3506(c)(2)(A)). Group 13; 44 U.S.C. 3505(c)(2)). The comments DATES: Written comments should be should address the accuracy of the [FR Doc. 96–10421 Filed 4–25–96; 8:45 am] received on or before June 25, 1996, to BILLING CODE 4820±02±P burden estimates and ways to minimize be assured of consideration. the burden including the use of ADDRESSES: automated collection techniques or the Direct all written comments Proposed Collection; Comment use of other forms of information to U.S. Customs Service, Printing and Request; Automated Surety Interface technology, as well as other relevant Records Services Group, Room 6216, 1301 Constitution Ave., NW., aspects of the information collection. AGENCY: Customs Service, Department Washington, D.C. 20229. The comments that are submitted will of the Treasury. FOR FURTHER INFORMATION CONTACT: be summarized and included in the ACTION: Notice and request for Requests for additional information or Customs request for Office of comments. Management and Budget (OMB) copies of the form(s) and instructions approval. All comments will become a should be directed to U.S. Customs SUMMARY: As part of its continuing effort matter of public record. In this Service, Attn.: J. Edgar Nichols, Room to reduce paperwork and respondent document Customs is soliciting 6216, 1301 Constitution Avenue NW., burden, Customs invites the general comments concerning the following Washington, D.C. 20229, Tel. (202) 927– public and other Federal agencies to information collection: 1426. comment on an information collection Title: Certificate of Origin. SUPPLEMENTARY INFORMATION: Customs requirement concerning the Automated OMB Number: 1515–0055. invites the general public and other Surety Interface. This request for 18646 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices comment is being made pursuant to the Estimated Total Annualized Cost on Title: Application for Identification Paperwork Reduction Act of 1995 the Public: Unknown. Card. (Public Law 104–13; 44 U.S.C. John Turner, OMB Number: 1515–0026. 3505(c)(2)). Acting Leader, Printing and Records Services Form Number: Customs Form 3078. DATES: Written comments should be Group. Abstract: Customs Form 3078 is used received on or before June 25, 1996, to [FR Doc. 96–10422 Filed 4–25–96; 8:45 am] by licensed Cartmen, Lightermen, be assured of consideration. BILLING CODE 4820±02±P Warehousemen, brokerage firms, foreign ADDRESSES: Direct all written comments trade zones, container station operators, to U.S. Customs Service, Printing and their employees, and employees Records Services Group, Room 6216, Proposed Collection; Comment requiring access to Customs secure areas 1301 Constitution Ave., NW., Request Application for Identification to apply for an identification card so Washington, D.C. 20229. Card that they may legally handle merchandise which is in Customs FOR FURTHER INFORMATION CONTACT: AGENCY: Customs Service, Department custody. Requests for additional information or of the Treasury Current Actions: There are no changes copies of the form(s) and instructions ACTION: Notice and request for to the information collection. This should be directed to U.S. Customs comments. submission is being submitted to extend Service, Attn.: J. Edgar Nichols, Room the expiration date. 6216, 1301 Constitution Avenue NW., SUMMARY: As part of its continuing effort Type of Review: Extension (without Washington, D.C. 20229, Tel. (202) 927– to reduce paperwork and respondent change). 1426. burden, Customs invites the general Affected Public: Business or other for- public and other Federal agencies to SUPPLEMENTARY INFORMATION: Customs profit institutions. comment on an information collection invites the general public and other Estimated Number of Respondents: requirement concerning the Application Federal agencies to comment on 7,000. for Identification Card. This request for proposed and/or continuing information Estimated Time Per Respondent: 15 comment is being made pursuant to the collections pursuant to the Paperwork minutes. Paperwork Reduction Act of 1995 Reduction Act of 1995 (Public Law 104– Estimated Total Annual Burden (Public Law 104–13; 44 U.S.C. 13; 44 U.S.C. 3505(c)(2)). The comments Hours: 5,250. 3505(c)(2)). should address the accuracy of the Estimated Total Annualized Cost on burden estimates and ways to minimize DATES: Written comments should be the Public: $63,000. the burden including the use of received on or before June 25, 1996, to John Turner, automated collection techniques or the be assured of consideration. Acting Leader, Printing and Records Services use of other forms of information ADDRESSES: Direct all written comments Group. technology, as well as other relevant to U.S. Customs Service, Printing and [FR Doc. 96–10423 Filed 4–25–96; 8:45 am] aspects of the information collection. Records Services Group, Room 6216, BILLING CODE 4820±02±P The comments that are submitted will 1301 Constitution Ave., NW, be summarized and included in the Washington, D.C. 20229. Customs request for Office of FOR FURTHER INFORMATION CONTACT: Proposed Collection; Comment Management and Budget (OMB) Requests for additional information or Request Entry Summary and approval. All comments will become a copies of the form(s) and instructions Continuation Sheet matter of public record. should be directed to U.S. Customs In this document Customs is soliciting Service, Attn.: J. Edgar Nichols, Room AGENCY: Customs Service, Department comments concerning the following 6216, 1301 Constitution Avenue NW., of the Treasury. information collection: Washington, D.C. 20229, Tel. (202) 927– ACTION: Notice and request for Title: Automated Surety Interface. 1426. comments. OMB Number: 1515–0196. SUPPLEMENTARY INFORMATION: Form Number: N/A. Customs SUMMARY: As part of its continuing effort Abstract: This rule is to implement invites the general public and other to reduce paperwork and respondent the Automated Surety Interface, a Federal agencies to comment on burden, Customs invites the general module of the Automated Commercial proposed and/or continuing information public and other Federal agencies to System (ACS) through which collections pursuant to the Paperwork comment on an information collection participating sureties will electronically Reduction Act of 1995 (Public Law 104– requirement concerning the Entry provide to Customs acknowledgement 13; 44 U.S.C. 3505(c)(2)). The comments Summary and Continuation Sheet. This that they are liable for transactions should address the accuracy of the request for comment is being made identified under their bonds. burden estimates and ways to minimize pursuant to the Paperwork Reduction Current Actions: There are no changes the burden including the use of Act of 1995 (Public Law 104–13; 44 to the information collection. This automated collection techniques or the U.S.C. 3506(c)(2)(A)). use of other forms of information submission is being submitted to extend DATES: Written comments should be the expiration date. technology, as well as other relevant aspects of the information collection. received on or before June 25, 1996, to Type of Review: Extension (without be assured of consideration. change). The comments that are submitted will Affected Public: Business or other for- be summarized and included in the ADDRESSES: Direct all written comments profit institutions. Customs request for Office of to U.S. Customs Service, Printing and Estimated Number of Respondents: Management and Budget (OMB) Records Services Group, Room 6216, 600,000. approval. All comments will become a 1301 Constitution Ave., NW., Estimated Time Per Respondent: 30 matter of public record. In this Washington, D.C. 20229. minutes. document Customs is soliciting FOR FURTHER INFORMATION CONTACT: Estimated Total Annual Burden comments concerning the following Requests for additional information or Hours: 10,155. information collection: copies of the form(s) and instructions Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices 18647 should be directed to U.S. Customs ACTION: Notice and request for information shall have practical utility; Service, Attn.: J. Edgar Nichols, Room comments. (b) the accuracy of the agency’s estimate 6216, 1301 Constitution Avenue NW., of the burden of the collection of Washington, D.C. 20229, Tel. (202) 927– SUMMARY: The Department of the information; (c) ways to enhance the 1426. Treasury, as part of its continuing effort quality, utility, and clarity of the to reduce paperwork and respondent SUPPLEMENTARY INFORMATION: Customs information to be collected; and (d) invites the general public and other burden, invites the general public and ways to minimize the burden of the Federal agencies to comment on other Federal agencies to take this collection of information on proposed and/or continuing information opportunity to comment on proposed respondents, including through the use collections pursuant to the Paperwork and/or continuing information of automated collection techniques or Reduction Act of 1995 (Public Law 104– collections, as required by the other forms of information technology. Paperwork Reduction Act of 1995, 13; 44 U.S.C. 3506(c)(2)(A)). The Approved: April 19, 1996. comments should address the accuracy Public Law 104–13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is Garrick R. Shear, of the burden estimates and ways to IRS Reports Clearance Officer. minimize the burden including the use soliciting comments concerning Form [FR Doc. 96–10397 Filed 4–25–96; 8:45 am] of automated collection techniques or 6251, Alternative Minimum Tax— the use of other forms of information Individuals. BILLING CODE 4830±01±P technology, as well as other relevant DATES: Written comments should be received on or before June 25, 1996 to aspects of the information collection. Proposed Collection; Comment be assured of consideration. The comments that are submitted will Request for Form 8689 be summarized and included in the ADDRESSES: Direct all written comments Customs request for Office of to Garrick R. Shear, Internal Revenue AGENCY: Internal Revenue Service (IRS), Management and Budget (OMB) Service, room 5571, 1111 Constitution Treasury. approval. All comments will become a Avenue NW., Washington, DC 20224. ACTION: Notice and request for matter of public record. In this FOR FURTHER INFORMATION CONTACT: comments. document Customs is soliciting Requests for additional information or SUMMARY: The Department of the comments concerning the following copies of the form(s) and instructions Treasury, as part of its continuing effort information collection: should be directed to Martha R. Brinson, to reduce paperwork and respondent Title: Entry Summary and (202) 622–3869, Internal Revenue burden, invites the general public and Continuation Sheet. Service, room 5571, 1111 Constitution other Federal agencies to take this OMB Number: 1515–0065. Avenue NW., Washington, DC 20224. Form Number: Customs Form 7501, opportunity to comment on proposed 7501A. SUPPLEMENTARY INFORMATION: and/or continuing information Abstract: Customs Form 7501 is used Title: Alternative Minimum Tax— collections, as required by the by Customs as a record of the impact Individuals. Paperwork Reduction Act of 1995, transaction, to collect proper duty, OMB Number: 1545–0227. Public Law 104–13 (44 U.S.C. taxes, exactions, certifications and Form Number: Form 6251. 3506(c)(2)(A)). Currently, the IRS is enforcement endorsements, and to Abstract: Form 6251 is used by soliciting comments concerning Form provide copies to Census for statistical individuals with adjustments, tax 8689, Allocation of Individual Income purposes. preference items, taxable income above Tax to the Virgin Islands. Current Actions: There are no changes certain exemption amounts, or certain DATES: Written comments should be to the information collection. This credits. Form 6251 computes the received on or before June 25, 1996 to submission is being submitted to extend alternative minimum tax which is be assured of consideration. the expiration date. added to regular tax. The information is ADDRESSES: Direct all written comments Type of Review: Extension (without needed to ensure the taxpayer is to Garrick R. Shear, Internal Revenue change). complying with the law. Service, room 5571, 1111 Constitution Affected Public: Business or other for- Current Actions: There are no changes Avenue NW., Washington, DC 20224. profit institutions. Estimated Number of Respondents: being made to the form at this time. FOR FURTHER INFORMATION CONTACT: Type of Review: Extension of a 2,700. Requests for additional information or Estimated Time Per Respondent: 20 currently approved collection. copies of the form(s) and instructions Affected Public: Individuals or minutes. should be directed to Martha R. Brinson, Estimated Total Annual Burden households. (202) 622–3869, Internal Revenue Estimated Number of Respondents: Hours: 3,454,852. Service, room 5571, 1111 Constitution Estimated Annualized Cost to the 273,396. Avenue NW., Washington, DC 20224. Public: $79,461,596. Estimated Time per Respondent: 5hr. 37 min. SUPPLEMENTARY INFORMATION: John Turner, Estimated Total Annual Burden Title: Allocation of Individual Income Acting Leader, Printing and Records Services Hours: 1,533,752. Tax to the Virgin Islands. Group. OMB Number: 1545–1032. Request for Comments [FR Doc. 96–10424 Filed 4–25–96; 8:45 am] Form Number: Form 8689. BILLING CODE 4820±02±P Comments submitted in response to Abstract: This form is used by U.S. this notice will be summarized and/or citizens or residents as an attachment to included in the request for OMB Form 1040 when they have Virgin Internal Revenue Service approval. All comments will become a Islands source income. The data is used Proposed Collection; Comment matter of public record. Comments are by IRS to verify the amount claimed on Request for Form 6251 invited on: (a) Whether the collection of Form 1040 for taxes paid to the Virgin information is necessary for the proper Islands. Current Actions: There are no AGENCY: Internal Revenue Service (IRS), performance of the functions of the changes being made to the form at this Treasury. agency, including whether the time. 18648 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices

Type of Review: Extension of a FOR FURTHER INFORMATION CONTACT: SUMMARY: The Department of the currently approved collection. Requests for additional information or Treasury, as part of its continuing effort Affected Public: Individuals or copies of the form(s) and instructions to reduce paperwork and respondent households, businesses or other for- should be directed to Martha R. Brinson, burden, invites the general public and profit organizations. (202) 622–3869, Internal Revenue other Federal agencies to take this Estimated Number of Respondents: Service, room 5571, 1111 Constitution opportunity to comment on proposed 800. Avenue NW., Washington, DC 20224. and/or continuing information Estimated Time per Respondent: 2hr. collections, as required by the SUPPLEMENTARY INFORMATION: 10 min. Paperwork Reduction Act of 1995, Estimated Total Annual Burden Title: Credit For Prior Year Minimum Public Law 104–13 (44 U.S.C. Hours: 1,736. Tax—Individuals, Estates, and Trusts. 3506(c)(2)(A)). Currently, the IRS is Request for Comments OMB Number: 1545–1073. soliciting comments concerning Form Form Number: Form 8801. Comments submitted in response to 2555, Foreign Earned Income. Abstract: Form 8801 is used by DATES: Written comments should be this notice will be summarized and/or individuals, estates, and trusts to included in the request for OMB received on or before June 25, 1996 to compute the minimum tax credit, if any, be assured of consideration. approval. All comments will become a available from a tax year beginning after ADDRESSES: matter of public record. Comments are 1986 to be used in the current year or Direct all written comments invited on: (a) Whether the collection of to be carried forward for use in a future to Garrick R. Shear, Internal Revenue information is necessary for the proper year. Service, room 5571, 1111 Constitution performance of the functions of the Current Actions: There are no changes Avenue NW., Washington, DC 20224. agency, including whether the being made to the form at this time. FOR FURTHER INFORMATION CONTACT: information shall have practical utility; Type of Review: Extension of a Requests for additional information or (b) the accuracy of the agency’s estimate currently approved collection. copies of the form(s) and instructions of the burden of the collection of Affected Public: Individuals or should be directed to Martha R. Brinson, information; (c) ways to enhance the households. (202) 622–3869, Internal Revenue quality, utility, and clarity of the Estimated Number of Respondents: Service, room 5571, 1111 Constitution information to be collected; and (d) 38,744. Avenue NW., Washington, DC 20224. ways to minimize the burden of the Estimated Time per Respondent: 3hr. SUPPLEMENTARY INFORMATION: collection of information on 53 min. respondents, including through the use Estimated Total Annual Burden Title: Foreign Earned Income of automated collection techniques or Hours: 150,714. OMB Number: 1545–0067. other forms of information technology. Form Number: Form 2555. Request for Comments Approved: April 19, 1996. Abstract: This form is used by U.S. Garrick R. Shear, Comments submitted in response to citizens and resident aliens who qualify IRS Reports Clearance Officer. this notice will be summarized and/or for the foreign earned income exclusion and/or the foreign housing exclusion or [FR Doc. 96–10398 Filed 4–25–96; 8:45 am] included in the request for OMB approval. All comments will become a deduction. This information is used by BILLING CODE 4830±01±P matter of public record. Comments are the Service to determine if a taxpayer invited on: (a) Whether the collection of qualifies for the exclusion(s) or Proposed Collection; Comment information is necessary for the proper deduction. Request for Form 8801 performance of the functions of the Current Actions: There are no changes agency, including whether the being made to the form at this time. AGENCY: Internal Revenue Service (IRS), information shall have practical utility; Type of Review: Extension of a Treasury. (b) the accuracy of the agency’s estimate currently approved collection. ACTION: Notice and request for of the burden of the collection of Affected Public: Individuals or comments. information; (c) ways to enhance the households. quality, utility, and clarity of the Estimated Number of Respondents: SUMMARY: The Department of the information to be collected; and (d) 181,626. Treasury, as part of its continuing effort ways to minimize the burden of the Estimated Time per Respondent: 5hr. to reduce paperwork and respondent collection of information on 5 min. burden, invites the general public and respondents, including through the use Estimated Total Annual Burden other Federal agencies to take this of automated collection techniques or Hours: 924,476. opportunity to comment on proposed other forms of information technology. and/or continuing information Request for Comments Approved: April 19, 1996. collections, as required by the Comments submitted in response to Paperwork Reduction Act of 1995, Garrick R. Shear, this notice will be summarized and/or Public Law 104–13 (44 U.S.C. IRS Reports Clearance Officer. included in the request for OMB 3506(c)(2)(A)). Currently, the IRS is [FR Doc. 96–10399 Filed 4–25–96; 8:45 am] approval. All comments will become a soliciting comments concerning Form BILLING CODE 4830±01±U matter of public record. Comments are 8801, Credit For Prior Year Minimum invited on: (a) Whether the collection of Tax—Individuals, Estates, and Trusts. information is necessary for the proper DATES: Written comments should be Proposed Collection; Comment performance of the functions of the received on or before June 25, 1996, to Request for Form 2555 agency, including whether the be assured of consideration. AGENCY: Internal Revenue Service (IRS), information shall have practical utility; ADDRESSES: Direct all written comments Treasury. (b) the accuracy of the agency’s estimate to Garrick R. Shear, Internal Revenue of the burden of the collection of ACTION: Notice and request for Service, room 5571, 1111 Constitution information; (c) ways to enhance the comments. Avenue NW., Washington, DC 20224. quality, utility, and clarity of the Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices 18649 information to be collected; and (d) Advisory Board for Cuba Broadcasting Determination To Close a Portion of the ways to minimize the burden of the Meeting Advisory Board Meeting of April 26, 1996 collection of information on Friday, April 26, 1996 respondents, including through the use Based on information provided to me Agenda of automated collection techniques or by the Advisory Board for Cuba other forms of information technology. Part One—Closed to the Public Broadcasting, I hereby determine that Approved: April 19, 1996. Technical Operations Update the 8:30 a.m. to 9:00 a.m. portion of this A. Radio Martı´ Garrick R. Shear, meeting should be closed to the public. B. T.V. Martı´ The Advisory Board has requested IRS Reports Clearance Officer. Part Two—Open to the public that part one of the April 26, 1996, [FR Doc. 96–10400 Filed 4–25–96; 8:45 am] I. Technical Operations Update meeting be closed to the public. Part one BILLING CODE 4830±01±U A. Watts and Frequencies will involve information the premature II. Update on Radio and T.V. Martı´ disclosure of which would likely III. Relocation Update frustrate implementation of a proposed A. Card Sound Road Site Agency action. Closing such UNITED STATES INFORMATION IV. Inspector General USIA Update deliberations to the public is justified by AGENCY V. Focus Group Report the Government in the Sunshine Act VI. Legislative Report VII. International Broadcasting Bureau under 5 U.S.C. 522b(c)(9)(B). Meeting of the Advisory Board for Part one of the agenda consists of a Cuba Broadcasting A. Firewall Issue VIII. Old Business discussion of technical matters, which IX. New Business include TV Martı´ transmissions, The Advisory Board for Cuba X. Adjournment frequencies, alternate channels and new Broadcasting will conduct a meeting at technologies for Radio Martı´. the Doral Golf Resort and Spa, 4400 NW Members of the public interested in 87th Avenue, Miami, Florida, on Friday, attending the open portion of the Dated: April 22, 1996. April 26, 1996, at 8:30 a.m. meeting should contact Ms. Angela R. Joseph Duffey, Director, United States Information Agency. The intended agenda is listed below. Washington, at the Advisory Board Office. Ms. Washington can be reached [FR Doc. 96–10304 Filed 4–25–96; 8:45 am] at (202) 401–2178. BILLING CODE 8230±02±M 18650

Corrections Federal Register Vol. 61, No. 82

Friday, April 26, 1996

This section of the FEDERAL REGISTER 2. On the same page, in the third DEPARTMENT OF LABOR contains editorial corrections of previously column, ‘‘Washington 1,013’’ should published Presidential, Rule, Proposed Rule, read ‘‘Washington 4,013.’’ Employment and Training and Notice documents. These corrections are Administration prepared by the Office of the Federal BILLING CODE 1505±01±D Register. Agency prepared corrections are 20 CFR Part 656 issued as signed documents and appear in the appropriate document categories DEPARTMENT OF THE INTERIOR RIN 1205-A152 elsewhere in the issue. Bureau of Land Management Labor Certification Process for the Permanent Employment of Aliens; Researchers Employed by Colleges DEPARTMENT OF COMMERCE [NV-930-1430-01; N-60630] and Universities Notice of Realty Action: Non- Estimates of the Voting Age Correction Population for 1995 Competitive Sale of Public Lands In proposed rule document 96–9911 Correction Correction beginning on page 17610 in the issue of In notice document 96–6612 Monday, April 22, 1996, make the In notice document 96–8025, following correction: beginning on page 15460, in the issue of appearing on page 11427 in the issue of Monday, April 8, 1996, make the Wednesday, March 20, 1996, make the § 656.40 [Corrected] following correction: following corrections: On page 17614, in the second column, On the same page, in the 3rd. column, 1. On page 15460, in the second in § 656.40(c), in the fourth line, after in the land description for Mount Diablo ‘‘universities’’ insert ‘‘means column, ‘‘Iowa 2,177’’ should read Meridian, Nevada, in the 3rd line, ‘researchers employed by colleges and ‘‘Iowa 2,117.’’ ‘‘S1⁄2NW1⁄4S1⁄4’’ should read universities in the area of intended ‘‘S1⁄2NW1⁄4SW1⁄4’’. employment.’.’’

BILLING CODE 1505±01±D BILLING CODE 1505±01±D federal register April 26,1996 Friday Loans; Notice Sale ofHUD-HeldMultifamilyMortgage Development Housing andUrban Department of Part II 18651 18652 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices

DEPARTMENT OF HOUSING AND 14, 1996. (The above telephone numbers investors in the future, and without URBAN DEVELOPMENT are not toll-free numbers.) further notice. Holders of Class B Trust [Docket No. FR±4071±N±01] FOR FURTHER INFORMATION CONTACT: Certificates will have a passive role with Audrey Hinton, Associate Director for respect to the Trust. Office of the Assistant Secretary for Program Operations, Office of The Bidding Process Housing-Federal Housing Multifamily Asset Management and Commissioner; Notice of Sale of HUD- Disposition, Office of Housing, Room The Bidding Materials describe in Held Multifamily Mortgage Loans 6160, Department of Housing and Urban detail the procedure for participating in Development, 451 Seventh Street, S.W., AGENCY: Office of the Assistant the Partially Assisted Sale and include Washington, DC 20410; telephone (202) Secretary for Housing-Federal Housing summary information, bid forms, drafts 708–3730, Ext. 2691. Hearing or speech- Commissioner, HUD. of proposed transaction documents, impaired individuals may call (202) ACTION: Notice of sale of mortgage loans. information on each of the Mortgage 708–4594 (TTY). These are not toll-free Loans, such as the unpaid principal SUMMARY: This notice announces the numbers. balance and interest rate, and a Department’s intention to sell SUPPLEMENTARY INFORMATION: The Preliminary Private Placement approximately 157 unsubsidized Department announces its intention to Memorandum for the Bonds. Also, the 1 multifamily mortgage loans without dispose of approximately 157 mortgage Bidding Materials include a computer Federal Housing Administration (FHA) loans (‘‘Mortgage Loans’’), almost all of diskette with general portfolio insurance. Almost all of the mortgages which are secured by multifamily information and selected data fields on are secured by partially assisted projects that are subject to project-based each Mortgage Loan. projects, defined as projects that receive Section 8 Housing Assistance Payments Section 8 project-based rental subsidies (‘‘HAP’’) contracts, providing rental Hamilton will distribute the Bidding for up to 50% of the units. The assistance, on behalf of eligible low- Materials over a period of mortgages will be offered through a trust income households, for up to 50% of approximately 8 weeks prior to the sale. to eligible institutional investors on a the units in each project (‘‘Partially The Bidding Materials will be private placement basis. The form of the Assisted Projects’’). Almost all of the supplemented periodically, up to the disposition will be a structured Mortgage Loans have experienced sale. Bidding Materials are available to financing. varying levels of delinquency; some are eligible bidders from Hamilton, as DATES: Bidding Materials are available subject to provisional workout described above. to eligible bidders. Closing is expected agreements. Bidders must be eligible institutional in the middle of June, 1996. The Mortgage Loans will be sold to a investors in order to have their bids ADDRESSES: Bidding Materials are special purpose Delaware business trust considered. FHA’s Financial Advisor available from FHA’s Financial Advisor, (‘‘Trust’’) without FHA insurance. The will determine whether a bidder is Hamilton Securities Advisory Services, Trust will be formed by the successful qualified on the basis of the information Inc. (‘‘Hamilton’’) 7 Dupont Circle, Trust Certificate/Servicer bidder and an provided by each bidder in its N.W., 2nd Floor, Washington, DC Owner Trustee. The Trust will issue Qualification Statement. Bidders 20036. Bidding Materials will be made debt in the form of floating rate bonds interested in purchasing the Bonds will available only to parties who complete (‘‘Bonds’’) and equity interests in the be required to submit two bids: an a Confidentiality Agreement and a form of a Class A Trust Certificate and Indicative Bond Bid and a Final Bond Bidder Qualification Statement and are Class B Trust Certificates. Eligible Bid, in accordance with the Bid deemed eligible bidders by Hamilton, bidders will be afforded an opportunity Instructions contained in the Bidding pursuant to criteria established by FHA. to bid competitively on the Bonds and Materials. Bidders on the Class A Trust To obtain a Confidentiality Agreement the Class A Trust Certificate, each of Certificate will be provided with and a Bidder Qualification form, contact which will be sold separately to a single information regarding the Indicative Hamilton at (202) 496–6700. Hamilton bidder. The successful Class A Trust Bond Bids, prior to submitting their will forward Bidding Materials to Certificate Bidder, an affiliate thereof, or bids. Eligible Final Bond Bidders will be eligible bidders via overnight delivery a non-affiliated entity having a informed of the identity of the service. Asset Review Files (ARFs) for contractual relationship with the Class successful Class A Trust Certificate the mortgage loans included in the A Trust Certificate Bidder will act as Bidder (and thus the Servicer) and its Partially Assisted Sale are available for Servicer for the Trust. The Servicer winning bid prior to the date that the review by eligible bidders who visit the must be approved by the participating Final Bond Bids are due. due diligence facility located at 1140 rating agencies, Standard & Poor’s The Bidding Materials require Bond Connecticut Avenue, N.W., Suite 302, Ratings Group and Fitch Investors and Certificate bidders to make certain Washington, DC 20036. Alternatively, Services. ARFs can be ordered from Williams, The Department will transfer all right, deposits, and provide for the retention Adley & Company, LLP at the above title and interest to the Mortgage Loans of deposits, in whole or in part, by FHA address. To schedule a visit to the due to the Trust and will have no control under various circumstances described diligence facility or to order ARFs, over the servicing or disposition of the in the Bidding Materials. Further, the eligible bidders should contact Mr. Ray Mortgage Loans by the Trust. In Bidding Materials require the winning Curtis (or Mr. Henry Kiema) at (202) consideration for the sale of the Bond bidder and Class A Certificate 496–0965. The due diligence facility Mortgage Loans to the Trust, the bidder to pay various settlement will be open between the hours of 9:00 Department will receive the proceeds expenses and other transaction costs. a.m. and 6:00 p.m., Monday though from the issuance of the Bonds and FHA Reservation of Rights Friday. The facility will close on May Class A Trust Certificate, net of certain amounts, and the Class B Trust The Department reserves the right to 1 None of the mortgage loans in this sale are Certificates, representing beneficial delete any Mortgage Loan from the subject to the settlement agreements in Walker v. interests in the Trust. The Department Partially Assisted Sale, as provided for Kemp, No. C–87–2628 (N.D. Cal.). See generally, Walker v. Pierce, 665 F. Supp. 831 (N.D. Cal. 1987) may transfer all or part of the Class B in the Bidding Materials, for any reason (granting preliminary injunction). Trust Certificates to one or more and without prejudice to its right to Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices 18653 include any deleted Mortgage Loan in a investor and approved servicer, the 7, 1996. These amendments apply to the future sale. following individuals and entities Partially Assisted Sale, among other The Department reserves the right, at (either alone or in combination with mortgage sales. Interested parties are its sole discretion and for any reason others) are ineligible to bid on the Class advised to review these rules. whatsoever, to reject any and all bids. A Trust Certificate and Bonds: This notice describes the The Department reserves the right to (1) An entity debarred from doing implementation of the Department’s terminate the Partially Assisted Sale at business with the Department pursuant statutory authority and its regulations in any time prior to the Class A Trust to 24 CFR part 24; the context of the Partially Assisted Certificate bid date. (2) An entity controlled by an FHA Sale. For the reader’s convenience, employee or by a member of such parallel citations are provided to Timely Bids and Deposits employee’s household; subpart I (including the interim rule Each bidder assumes all risk of loss (3) An entity which employs or uses published on February 6, 1996 and relating to its failure to deliver, or cause the services of an FHA employee made effective March 7, 1996) and to be delivered, on a timely basis and in involved in the Partially Assisted Sale subpart B (the mortgage sale rules as the manner specified in the Bidding other than in such employee’s official republished and renumbered on March Materials, each bid form and deposit capacity; 21, 1996). required. (4) An entity employing the services of an FHA employee to assist in the Tenant Protections in Partially Assisted Winning Bids preparation of a bid for the Class A Sale The winning Class A Trust Certificate Trust Certificate or Bond; The interim rule, published on bid will be based upon the highest (5) Any contractor, subcontractor and/ February 6, 1996, prescribes certain loan dollar price per percentage interest in or consultant (including any agent of the sale terms which are designed to the Trust. The winning Bond bid will be foregoing) who performed or is safeguard tenant interests, and assure based on the lowest ‘‘weighted-average performing services for, or on behalf of, the continuation of project-based and spread.’’ If there are two bids with the FHA in connection with the Partially tenant-based Section 8 rental subsidy same dollar price percentage, the Assisted Sale or any affiliate of such contracts. successful bid will be the bid that contractor, subcontractor, consultant or With respect to Mortgage Loans that provides the greater amount of proceeds agent; are delinquent at the time the to FHA. In the event of a tie, i.e., there (6) An entity using the services for its Department offers them for sale to the is more than one winning bidder on the Class A Trust Certificate bid or Bond Trust, the transaction documents will Bonds or the Class A Trust Certificate, Bid, of an employee or former employee impose certain affirmative obligations a ‘‘best and final’’ round will be held. of an entity listed in (5) above; and on the Trustee and Servicer. 24 CFR If all of the bidders involved in the tie (7) In addition to the entities 290.112 and 290.114(d) (renumbered as situation are unwilling to change their described in (1) through (6) above, the 24 CFR 290.37 and 290.39(d) in the bids or they remain tied after the ‘‘best following entities are ineligible to bid March 21, 1996 final rule). The and final’’ round, FHA will determine on the Class A Trust Certificate: transaction documents will provide that the winning bidder by lottery, provided, (a) An entity that served as a loan certain covenants, running with the however, that with respect to tie Bond servicer or performed other services for, land, will be executed and recorded as bids, FHA reserves the right to choose or on behalf of, FHA, with respect to a condition of a loan restructuring or a a single-class bid over any multiple- any of the Mortgage Loans at any time discounted pay-off of the mortgage class bid if such circumstances exist. during the two-year period prior to May indebtedness, or will be incorporated in 13, 1996, or any affiliate thereof; a foreclosure deed as well as in any Due Diligence Facility (b) Any Mortgagor of any of the deed-in-lieu of foreclosure that may be During the distribution period for Mortgage Loans or an entity affiliated accepted. The first covenant will Bidding Materials, the due diligence with any such Mortgagor. obligate a future project owner (including the Trust) to assume any facility will be open to eligible bidders. Mortgage Sale Policy The address of the facility is specified outstanding project-based Section 8 above. A non-refundable $720 fee is General HAP contract. (However, the assignment required, which entitles an eligible Pursuant to Section 203(k)(4) of the of a Section 8 contract will continue to bidder to access to the facility, and can 1978 Housing and Community be subject to HUD or the Section 8 HAP be applied toward the cost of an Development Amendments of 1978, as contract administrator’s prior approval, individual ARF. The files contain title amended, 12 U.S.C. 1701z–11(k)(4), the as applicable.) A related covenant will information, mortgage and financial Secretary is expressly authorized to sell obligate a future project owner documents, Section 8 Housing mortgages on unsubsidized projects (including the Trust) to assume tenant- Assistance Payments (HAP) contracts, (which include partially assisted based federal rental subsidies (vouchers site inspection reports and projects) on any terms and conditions or certificates) in use at the property at environmental reports, among other the Secretary prescribes. The mortgage the time of sale or other transfer of pertinent information. The cost of each sale rules are codified at 24 CFR part ownership of a property. Both covenants ARF is $180, plus shipping costs ($20 290, subpart B (see final rule published will expire on the date the last executed for the first ARF and $7 for each March 21, 1996 at 61 FR 11684, 11690– Section 8 HAP contract for the project additional ARF ordered). The 11691 for effect on April 22, 1996 2). expires. A third covenant will prohibit Department reserves the right to revise That final rule includes mortgage sale- current and future owners from this fee schedule, without prior notice, related amendments to part 290 made discriminating against certificate and to recover its copying, shipping and by an interim rule published February 6, voucher holders. The nondiscrimination handling costs. 1996 at 61 FR 4580 for effect on March covenant will expire on the original maturity date of the Mortgage Loan. Ineligible Bidders 2 The March 21, 1996 final rule revised 24 CFR To implement § 290.114(c) of the Notwithstanding a bidder’s part 290 in its entirety, and it amended and interim rule (renumbered as § 290.39(c) qualification as an eligible institutional renumbered the mortgage sale regulations. in the March 21, 1996 final rule), the 18654 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices

Department is conditioning its Section 290.110 (renumbered as the American taxpayer. A structured assignment of Mortgage Loans on § 290.35 in the March 21, 1996 final finance is expected to yield a higher Partially Assisted Projects that are rule) also provides for the exclusion of return than a whole loan sale for a current when the Department offers certain delinquent unsubsidized variety of reasons. Capital markets them for sale to the Trust. Owners of mortgages from sale where it appears provide greater liquidity, and should such projects will be prohibited from that: (1) foreclosure is unavoidable, and enhance the Department’s proceeds discriminating against certificate and (2) the project is occupied by very low- from the Bonds and Class A Certificate. voucher holders. This condition will income tenants who are not receiving Also, HUD’s capture of a percentage of expire on the date the Mortgage Loan is housing assistance and would be likely the residual value of these assets satisfied. With respect to current to pay rent in excess of 30 percent of through the Class B Certificates Mortgage Loans on Partially Assisted their adjusted monthly income if the mitigates any losses in the portfolio’s Projects, § 290.114(c) does not compel mortgage were to be sold and foreclosed. value arising from market discounting or necessitate covenants that are The Department’s interpretation of this due to the future expiration of project- recorded and run with the land. provision is set forth in the preamble to based Section 8 HAP contracts or The nondiscrimination obligation the February 6, 1996 interim rule (see 61 because of the market’s unfamiliarity with respect to delinquent Mortgage FR 4580–4581). The Department has with the Section 8 program generally, or Loans on all projects and current made an administrative determination partially assisted projects in particular. Mortgage Loans on Partially Assisted that the Mortgage Loans to be offered in Moreover, HUD’s retention of this Projects will be enforceable by the Partially Assisted Sale do not meet passive interest will enable it to share certificate and voucher holders, as well the criteria for exclusion. any increase in the loan portfolio’s value after the sale due to favorable as by public housing authorities that are Other Federal Requirements Section 8 HAP contract administrators market conditions. As part of the reinvention process, the for relevant projects. The covenant In addition, a structured finance Department is streamlining its regarding assumption of project-based disposition advances the Department’s regulations by removing redundant and, and tenant-based Section 8 HAP public policy goals without adding therefore, unnecessary regulations. For contracts will be enforceable by the administrative burdens. The Department this reason, the Department removed a Section 8 HAP contract administrator has an opportunity to develop a set of mortgage sale rule provision, 24 C.F.R. for the project. transactional documents that create 290.102 (published on March 2, 1995), accountability by the mortgage Further, with respect to Mortgage in the final part 290 regulations purchaser and its agents for compliance Loans on Partially Assisted Projects that published on March 21, 1996. with the mortgage sale rules. (See are delinquent at the time they are Any recipient of federal financial Mortgage Sale Policy, Tenant offered for sale to the Trust, the assistance, such as Section 8 rental Protections in Partially Assisted Sale.) transaction documents will prohibit the assistance, is subject to Title VI of the In this transaction, the Servicer will be Trust and the Servicer, and their Civil Rights Act of 1964, 42 U.S.C. responsible for the project owner’s successors and assigns, from foreclosing 2000d–1, see also 24 CFR part 1; Section execution and recordation of the in a manner that interferes with existing 504 of the Rehabilitation Act of 1973, 29 covenants required in connection with a residential leases. This condition will U.S.C. 794, see also 24 CFR part 8; and loan restructuring or discounted pay-off also be incorporated into the assignment executive orders pertaining to civil of a delinquent mortgage. The Servicer of individual Mortgage Loans with rights. All multifamily rental housing also must use a deed that incorporates respect to these projects. Section owners and lenders, among others, must the covenants required in the event of 290.112(b) of the interim rule comply with Title VIII of the Civil Right foreclosure or acceptance of a deed-in- (renumbered as § 290.37(b) in the March Act of 1968, as amended by the Fair lieu of foreclosure. The Trustee will 21, 1996 final rule) limits this lease Housing Amendments Act of 1988, 42 oversee the Servicer’s performance of protection to Section 8 assisted tenants. U.S.C. 3600–3620, see also 24 CFR part such duties. If the Servicer fails to carry The Department invited comment on a 100. out these duties, the Trustee will have proposal to add protections for a contractual remedy of reducing the Competitive Sale Method; Structured unassisted tenants. (See preamble Servicer’s fees by fifty thousand dollars Finance Disposition discussion at 61 FR 4582, February 6, ($50,000) for each breach, which sum 1996.) For the Partially Assisted Sale, The Department will use competitive will be paid to HUD. This remedy, the transaction documents will include methods for recovering the value of the which creates financial disincentives for a non-interference obligation with Mortgage Loans to be transferred to the non-compliance with the rules, would respect to both assisted and unassisted Trust, through an auction of debt not be available in a whole loan sale tenants. For unassisted tenants, securities secured by the cash flow of without allocation of the Department’s however, this protection will continue the Mortgage Loans and beneficial limited resources. The foregoing is in for the lesser of the remaining term of equity interests in the Trust. This is addition to any other remedies that may the tenant’s lease or one year. consistent with § 290.100 (renumbered be available to enforce the Servicer’s Other Mortgage Sale Rule Provisions as 290.30 in the March 21, 1996 final duties. rule) which provides that mortgages on A further advantage of a structured Pursuant to § 290.110 (see 24 C.F.R. unsubsidized projects (which include finance is the unique opportunity it part 290, revised April 1, 1995; the partially assisted portfolio) shall be presents for interaction between the renumbered as § 290.35 in the March 21, sold on a competitive basis. Section 8 HAP contract administrators 1996 final rule) loans on unsubsidized In light of the experience of other and the Servicer with respect to Section projects (which include the partially agencies, including the Resolution Trust 8 matters. The transactional documents assisted portfolio) may be sold without Corporation, and its own analysis, the will obligate the Servicer to report to the FHA insurance. The Department has Department believes that a structured Section 8 HAP contract administrator on decided to sell the Mortgage Loans in finance disposition will maximize project sales, loan restructurings, the Partially Assisted Sale to the Trust recovery on the Mortgage Loans in the refinancings, and foreclosures, among without FHA insurance. Partially Assisted Sale to the benefit of other events. The Servicer will receive Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices 18655 from the HAP contract administrator in the event a Mortgage Loan is Substantial Rehabilitation projects any standard notices of an owner’s repurchased by FHA from the Trust). (‘‘New Regulation Projects’’) breaches of Section 8 HAP contracts, The Department will review the status independently require the funding and and have an opportunity to cure. of reserve for replacement accounts and maintenance of a replacement reserve Further, the Servicer will be required to other miscellaneous escrows and (‘‘Section 8 Reserve’’). With respect to report periodically to the Trustee and accounts it controls for each Mortgage these projects, Section 8 reserves will the holders of the Class A and Class B Loan and related project, and make a continue to be required after the sale in Certificates on violations of Section 8 disposition decision prior to the accordance with the HAP contracts. The HAP contracts and on the recordation of Partially Assisted Sale. Fund balances Department does not plan to apply required covenants. A whole loan sale will either be: (i) transferred to the available Section 8 Reserve funds held would not lend itself to such a portfolio- Trust; (ii) applied toward any for such projects, in the case of based system of reporting and outstanding delinquency under the delinquent Mortgage Loans, or release interaction with respect to Section 8 Mortgage Loan; (iii) paid out to the these funds to the mortgagor, in the case HAP contracts. mortgagor, or (iv) in the case of certain of current Mortgage Loans. The Section In sum, a structured finance, through Section 8 replacement reserves, 8 HAP contract administrator (which the Servicer and the Trust, provides the maintained by the Section 8 HAP presently is HUD) will retain and opportunity not available in a whole contract administrator as described administer such accounts for after the loan sale to engineer accountability for below. sale. compliance with the mortgage sale rules In general, real estate tax and hazard designed to protect tenants, and to insurance escrows, if any, will be Scope of Notice maximize the Department’s financial transferred to the Trust at closing and return. administered by the Servicer. With This notice applies to the FHA respect to delinquent Mortgage Loans, Partially Assisted Sale, and does not Disposition of Project Reserves and fund balances in reserve for replacement establish the Department’s policy for the Escrows accounts generally will be applied to the sale of any other mortgage loans. The mortgagor’s obligation to make amounts owed to the Department under Dated: April 23, 1996. monthly payments to a replacement the Mortgage Loans. Repair reserves reserve account is required by the FHA independently created by provisional Nicolas P. Retsinas, Regulatory Agreement, which will be workout agreements will be transferred Assistant Secretary for Housing-Federal terminated at the time the Mortgage to the Trust at closing. Housing Commissioner. Loans are sold to the Trust (although the Certain HAP Contracts for certain [FR Doc. 96–10444 Filed 4–25–96; 8:45 am] Regulatory Agreement will be reinstated Section 8 New Construction and BILLING CODE 4210±27±P federal register April 26,1996 Friday Interim Rule Intensive ConfinementCenterProgram; 28 CFRPart524 Bureau ofPrisons Justice Department of Part III 18657 18658 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Rules and Regulations

DEPARTMENT OF JUSTICE the availability of Bureau resources. The provide for public comment while determination of a non-violent offense is maintaining continuity between pilot Bureau of Prisons based upon the definition in 18 U.S.C. program operation and full 924(c)(3). implementation of 18 U.S.C. 4046. 28 CFR Part 524 The institution-based component of Members of the public may submit [BOP±1006±I] the program ordinarily is six months in comments concerning this rule by duration, and consists of strict writing to the previously cited address. RIN 1120±AA11 discipline and daily regimen of physical These comments will be considered conditioning, labor-intensive work Intensive Confinement Center Program before the rule is finalized. assignments, literacy program, The Bureau of Prisons has determined AGENCY: Bureau of Prisons, Justice. vocational training, and drug and that this rule is not a significant ACTION: Interim rule. alcohol counseling. The program also regulatory action for the purpose of E.O. offers the inmate assistance on stress 12886. After review of the law and SUMMARY: In this document, the Bureau management, life coping skills, positive regulations, the Director, Bureau of of Prisons is adopting regulations on the personal attitude and self-esteem. In Prisons has certified that this rule, for operation of the Intensive Confinement addition, there may be other activities the purpose of the Regulatory Flexibility Center Program. This is a specialized available which are consistent with the Act (Pub. L. 96–354), does not have a program for non-violent offenders total wellness program. Amenities such significant economic impact on a combining features of a military boot as access to television and radio are substantial number of small entities, as camp with the traditional correctional extremely limited (for example, defined by the Act. values of the Bureau of Prisons. This television access may be limited to a placement is followed by extended specified period of national news List of Subjects in 28 CFR Part 524 participation in community-based broadcasts). Smoking is not permitted. Prisoners. programs and possible reduction in The six day work week and the long Kathleen M. Hawk, sentence. The goal of the intensive work day leave little free time, and Director, Bureau of Prisons. visiting and telephone access are very confinement center program is to Accordingly, pursuant to the limited. Non-issue clothing and promote in the inmate values of rulemaking authority vested in the commissary privileges (except for personal development, self control, and Attorney General in 5 U.S.C. 552(a) and monthly purchases by female inmates of discipline, thereby helping to reduce the delegated to the Director, Bureau of sanitary hygiene items in addition to potential for future incarceration of the Prisons in 28 CFR 0.96(p), part 524 in those provided by the Bureau) are not inmate. subchapter B of 28 CFR, chapter V is permitted. DATES: Effective May 28, 1996; amended as set forth below. comments due by June 25, 1996. An inmate who successfully completes the institution-based SUBCHAPTER BÐINMATE ADMISSION, ADDRESSES: Office of General Counsel, component of the program ordinarily is CLASSIFICATION, AND TRANSFER Bureau of Prisons, HOLC Room 754, 320 eligible to serve the remainder of the First Street, NW., Washington, DC sentence in a community-based program PART 524ÐCLASSIFICATION OF 20534. (for example, in a community correction INMATES FOR FURTHER INFORMATION CONTACT: Roy center or in home detention). An inmate Nanovic, Office of General Counsel, 1. The authority citation for 28 CFR who fails to complete this component or part 524 is revised to read as follows: Bureau of Prisons, phone (202) 514– who subsequently fails participation in 6655. a community-based program may forfeit Authority: 5 U.S.C. 301; 18 U.S.C. 3521– 3528, 3621, 3622, 3624, 4001, 4042, 4046, SUPPLEMENTARY INFORMATION: The further involvement in the program. An Bureau of Prisons is adopting interim 4081, 4082 (Repealed in part as to offenses eligible inmate with a sentence of not committed on or after November 1, 1987), regulations on the Intensive more than thirty months who 5006–5024 (Repealed October 12, 1984 as to Confinement Center Program. The successfully completes the institution- offenses committed after that date), 5039; 21 purpose of this program is to place non- based component, who maintains U.S.C. 848; 28 U.S.C. 509, 510; Title V, Pub. violent offenders in a highly structured, successful participation in a L. 91–452, 84 Stat. 933 (18 U.S.C. Chapter no frills environment as a means of community-based program, and who 223); 28 CFR 0.95–0.99. promoting personal development, self has supervised release to follow is 2. Subpart D, consisting of § 524.30 control, and discipline, thereby helping eligible for up to a six month reduction through 524.33, is added to read as to reduce the potential for future in sentence. The length of the reduction follows: incarceration of the inmate. is proportional to the amount of time Participation in the program is remaining to be served. Authority for a Subpart DÐIntensive Confinement Center contingent upon length of sentence and reduction in sentence for such inmates Program upon the determination of Bureau staff is contained in 18 U.S.C. 4046. The Sec. 524.30 Purpose and scope. that the inmate is serving his or her first Bureau has piloted operation of this Sec. 524.31 Eligibility and placement. period of incarceration or has a minor program for the purpose of placing Sec. 524.32 Institution-based component procedures. history of prior incarcerations, is not graduates in community-based programs Sec. 524.33 Program failure. serving a term of imprisonment for a for both male and female inmates. crime of violence, is properly classified Under the interim rule, consideration Subpart DÐIntensive Confinement as appropriate for housing in minimum for reduction in sentence may be given Center Program security, and is physically and mentally to an inmate who successfully capable of participating in the program. completes an intensive confinement § 524.30 Purpose and scope. Participation in the program is center pilot program if staff confirm that The intensive confinement center voluntary. the inmate meets appropriate eligibility program is a specialized program Placement in the program is to be criteria. combining features of a military boot made by Bureau staff in accordance The Bureau is publishing this camp with the traditional correctional with sound correctional judgment and regulation as an interim rule in order to values of the Bureau of Prisons, Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Rules and Regulations 18659 followed by extended participation in with sound correctional judgment and (2) An inmate eligible for community-based programs. The goal of the availability of Bureau resources. participation in the program under this program is to promote personal § 524.31(a)(1)(i) who successfully development, self-control, and § 524.32 Institution-based component completes the institution-based procedures. discipline. component, who maintains successful (a) An eligible inmate who volunteers participation in a community-based § 524.31 Eligibility and placement. for participation in an institution-based program, and has a period of supervised (a) Eligibility for consideration of intensive confinement center program release to follow is eligible for up to a placement in the intensive confinement must agree to forego opportunities six month reduction in sentence. which may be otherwise available to center program requires that the inmate (3) An inmate who completes or has inmates in Bureau institutions. is: completed the institution-based Opportunities that may be affected (1)(i) Serving a sentence of more than component of an intensive confinement include, but are not limited to, 12, but not more than 30 months (see 18 center pilot program, who maintains visitation, telephone use, legal research U.S.C. 4046), or successful participation in a time, religious practices, commissary, (ii) Serving a sentence of more than community-based program, and has a smoking, and grooming preferences. 30, but not more than 60 months, and period of supervised release to follow is (b) The institution-based component is within 24 months of a projected eligible for up to a six month reduction of the intensive confinement center release date. in sentence if staff confirm that the program ordinarily is six months in (2) Serving his or her first period of inmate has met the requirements of duration. incarceration or has a minor history of § 524.31(a)(1)(i), (2), (3) and (4). prior incarcerations; (c) Disciplinary procedures to be (3) Is not serving a term of followed in the institution-based § 524.33 Program failure. intensive confinement center program imprisonment for a crime of violence; An inmate who fails to complete the (4) Appropriate for housing in are set forth in subpart B of part 541 of institution-based component or who minimum security; this chapter. subsequently fails participation in a (5) Physically and mentally capable of (d)(1) An inmate who successfully community-based program may forfeit participating in the program; completes the institution-based his or her further involvement in the (6) A volunteer. component of the program ordinarily is program. (b) Placement in the intensive eligible to serve the remainder of the confinement center program is to be sentence in a community-based [FR Doc. 96–10350 Filed 4–25–96; 8:45 am] made by Bureau staff in accordance program. BILLING CODE 4410±05±P i

Reader Aids Federal Register Vol. 61, No. 82 Friday, April 26, 1996

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING APRIL

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 Public inspection announcement line 523±5215 the revision date of each title. 15d...... 17851 Laws 3 CFR 51...... 17580 Public Laws Update Services (numbers, dates, etc.) 523±6641 Proclamations: 330...... 15201 6874...... 14233 For additional information 523±5227 457...... 18293 6875...... 14603 929...... 17586 Presidential Documents 6876...... 14605 946...... 17587 6877...... 15177 Executive orders and proclamations 523±5227 999...... 15734 6878...... 15363 The United States Government Manual 523±5227 1002...... 14514 6879...... 15871 Other Services 1004...... 14514 6880...... 16035 1106...... 17588 Electronic and on-line services (voice) 523±4534 6881...... 16037 3550...... 15395 Privacy Act Compilation 523±3187 6882...... 16611 TDD for the hearing impaired 523±5229 6883...... 16613 9 CFR 6885...... 17545 78...... 14237, 15881 6886...... 18041 ELECTRONIC BULLETIN BOARD 92...... 14239, 17231 6887...... 18043 98...... 15180, 17231 Free Electronic Bulletin Board service for Public Law numbers, 6888...... 18045 318...... 18047 Federal Register finding aids, and list of documents on public Executive Orders: 381...... 18047 inspection. 202±275±0920 11880 (Amended by Proposed Rules: EO 12998)...... 15873 FAX-ON-DEMAND 77...... 14982 12787 (Revoked by 91...... 14982 You may access our Fax-On-Demand service. You only need a fax EO 13000)...... 18483 92...... 14268, 16978 machine and there is no charge for the service except for long 12821 (Superseded by 93...... 16978 distance telephone charges the user may incur. The list of EO 12999)...... 17227 94 ...... 14999, 15201, 16978 documents on public inspection and the daily Federal Register’s 12997...... 14949 95...... 16978 table of contents are available using this service. The document 12998...... 15873 96...... 16978 numbers are 7050-Public Inspection list and 7051-Table of 12999...... 17227 98...... 16978 Contents list. The public inspection list will be updated 13000...... 18483 immediately for documents filed on an emergency basis. Administrative Orders: 10 CFR NOTE: YOU WILL ONLY GET A LISTING OF DOCUMENTS ON Memorandums: 170...... 16203 FILE AND NOT THE ACTUAL DOCUMENT. Documents on April 8, 1996 ...... 16039 171...... 16203 public inspection may be viewed and copied in our office located April 22, 1996 ...... 18229 Proposed Rules: at 800 North Capitol Street, N.W., Suite 700. The Fax-On-Demand April 22, 1996 ...... 18231 50...... 15427 telephone number is: 301±713±6905 Presidential Determinations: 52...... 18099 No. 96±19 of March 73...... 16067 FEDERAL REGISTER PAGES AND DATES, APRIL 19, 1996 ...... 14235 430...... 17589 437...... 15736 5 CFR 14233±14464...... 1 1021...... 17257 14465±14606...... 2 Ch. XIV ...... 16043 890...... 15177 11 CFR 14607±14948...... 3 100...... 18049 14949±15176...... 4 7 CFR 110...... 18049 15177±15362...... 5 17...... 17823 114...... 18049 15363±15694...... 8 58...... 15875, 17547 15695±15874...... 9 301...... 17550, 18233 12 CFR 15875±16042...... 10 353...... 15365 207...... 18495 16043±16202...... 11 354...... 15365 219...... 14382 16203±16374...... 12 760...... 18485 220...... 18495 16375±16614...... 15 800...... 18486 221...... 18495 16615±16702...... 16 810...... 18486 224...... 18495 16703±16872...... 17 911...... 17551 226...... 14952 915...... 17551 16873±17226...... 18 621...... 18235 927...... 17553 17227±17546...... 19 Proposed Rules: 932...... 17555 13...... 18470 17547±17822...... 22 982...... 17556 208...... 18470 17823±18046...... 23 985...... 15695 211...... 18470 18047±18228...... 24 1131...... 17561 368...... 18470 18229±18482...... 25 1208...... 14951 614...... 16403 18483±18660...... 26 1435...... 15881 619...... 16403 1980...... 18493 932...... 17603 Proposed Rules: 1...... 16231 13 CFR 15...... 17851 301...... 15371 ii Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Reader Aids

14 CFR 1...... 14244 234...... 14396 2520...... 14690 11...... 18052 2...... 15699 236...... 14396, 16172 2550...... 14690 25...... 14607, 15372 5...... 14375 237...... 14396 2610...... 16387 31...... 18220 101...... 16423 241...... 14396, 14410 2619...... 16388 33...... 16375 172...... 14481 242...... 14396 2622...... 16387 39 ...... 14240, 14242, 14608, 173...... 14481, 17828 244...... 14396 2644...... 16391 14960, 14961, 15184, 15882, 175...... 14481 248...... 14396 2676...... 16388 176...... 14481 265...... 14396 16226, 16377, 16379, 16382, 30 CFR 16384, 16703, 16873, 17562, 177...... 14481, 14964 267...... 14396 17824, 17825, 18052, 18236, 178...... 14481 583...... 17245 756...... 17833 18238, 18242 180...... 14481 811...... 14456, 16045 914...... 15378, 15891 71 ...... 17826, 18058, 18059, 181...... 14481 813...... 16172 943...... 15380 18060, 18061, 18062 189...... 14481 913...... 16172 Proposed Rules: 73...... 18062 201...... 17798 950...... 16172 Ch. II ...... 17266 91...... 16287 331...... 17798 990...... 17538 6...... 15743 95...... 18064, 18065 341...... 15700 3280...... 18249 18...... 15743 97 ...... 18066, 18068, 18069 510...... 15703, 17565 3500...... 14617 19...... 15743 221...... 18070 520...... 15185 Proposed Rules: 20...... 15743 311...... 17564 522...... 14482 26...... 18026 21...... 15743 399...... 17565 529...... 17829 28...... 18026 22...... 15743 558 ...... 14483, 17566, 18081 23...... 15743 Proposed Rules: 30...... 18026 25...... 14684 573...... 15703 50...... 15340 26...... 15743 39 ...... 14269, 14271, 14273, 803...... 16043 81...... 18026 27...... 15743 14275, 14515, 15000, 15002, 807...... 16043 200...... 18026 29...... 15743 15430, 15738, 15903, 15904, 814...... 15186 950...... 18026 33...... 15743 15906, 15908, 16412, 16413, 1310...... 17958 965...... 18026 35...... 15743 16414, 16416, 16418, 16420, 1313...... 17566 3280...... 18014 70...... 18308 17257, 17259, 17261, 17853, 1316...... 17566 3500...... 18026 71...... 18308 17855, 18299, 18303, 18520, Proposed Rules: 218...... 17266 18524 25...... 14922 25 CFR 250...... 18309 71 ...... 15432, 15434, 15740, 71...... 14690 151...... 18082 745...... 15005 15742, 16287, 17606, 17607 170...... 14690 1001...... 17830 900...... 15005 901...... 15005 73...... 17608 171...... 14690 Proposed Rules: 121...... 18099 201...... 17807 Ch. I...... 17857, 18100 906...... 15005 331...... 17807 913...... 15005 15 CFR 510...... 15003 26 CFR 914...... 15435 925...... 14517 30...... 15697 886...... 14277 1 ...... 14247, 14248, 15891, 926...... 15005, 15910 769...... 14243 900 ...... 14856, 14870, 14884, 17572 931...... 15005 902...... 14465, 15884 14898, 14908 31...... 17572 934...... 15005, 18100 922...... 14963 602...... 14248, 17572 22 CFR 935...... 15005, 16731 16 CFR 92...... 14375 Proposed Rules: 936...... 15005, 15435 1 ...... 14517, 15204, 15743, 303...... 16385 514...... 15372 944...... 15005 17614 1500...... 18245 946...... 15005 23 CFR 31...... 17614 1507...... 18245 948...... 15005, 17859 35a...... 17614 Proposed Rules: 230...... 14615 950...... 15005 625...... 17566 301...... 17265, 17614 239...... 14688 502...... 17614 31 CFR 254...... 14685 635...... 17243 710...... 18246 503...... 17614 103 ...... 14248, 14382, 14383, 406...... 14686 509...... 17614 700...... 14688 712...... 18246 14386, 18204, 18250 720...... 18246 513...... 17614 535...... 15382 701...... 14688 514...... 17614 702...... 14688 740...... 18246 Proposed Rules: 1309...... 18247 516...... 17614 321...... 14444 517...... 17614 17 CFR Proposed Rules: 520...... 17614 32 CFR 200...... 15338 230...... 17264 521...... 17614 Proposed Rules: 1325...... 16729 40a...... 16704 228...... 17108 1327...... 16729 28 CFR 375...... 18083 229...... 17108 379...... 18083 24 CFR 25...... 17575 240...... 17108, 18306 706 ...... 14966, 14967, 14968, 524...... 18658 242...... 17108 0...... 15350 14969 4...... 14448 547...... 16374 861...... 17840 18 CFR 12...... 14448 Proposed Rules: 865...... 16046 Proposed Rules: 100...... 14378, 18248 36...... 16232, 16233 Proposed Rules: 35...... 17263 103...... 14378, 18248 74...... 17667 117...... 15437 109...... 14378, 18248 553...... 14440 619...... 15010 20 CFR 200...... 14396, 14410 404...... 18075 207...... 14396 29 CFR 33 CFR 422...... 18075 213...... 14396 1614...... 17576 1...... 18250 498...... 18078 215...... 14396, 16172 1625...... 15374 100 ...... 14249, 16709, 16711, Proposed Rules: 219...... 14396 Proposed Rules: 17246, 17841 348...... 16067 220...... 14396 1904...... 15435 110...... 16711 416...... 17609, 18529 221...... 14396 1910...... 15205 117 ...... 14970, 17247, 17248 656...... 17610, 18650 222...... 14396 1915...... 15205 165 ...... 16714, 16716, 16717, 231...... 14396 1926...... 15205 17249 21 CFR 232...... 14396, 14410 1952...... 15435 175...... 15162 Ch. I...... 14478, 16422 233...... 14396 2509...... 14690 179...... 15162 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Reader Aids iii

181...... 15162 716...... 14596 572...... 17849 198...... 18512 Proposed Rules: Proposed Rules: Proposed Rules: 199...... 18512 100 ...... 16732, 16885, 17269, 51...... 16068 10...... 15438, 16749 382...... 14677 17270 52 ...... 14520, 14521, 14522, 12...... 15438, 16749 383...... 14677 110...... 17861 14694, 15020, 15744, 15745, 13...... 16749 390...... 14677 117...... 16736, 18532 15751, 15752, 16050, 16738, 15...... 15438 391...... 14677, 17253 165...... 14518, 16886 17669, 17675, 18310, 18311 392...... 14677 47 CFR 59...... 14531 395...... 14677 34 CFR 60...... 17358 Ch. I ...... 14672 533...... 14680 76...... 14483 63...... 17358 0...... 14499, 16229 538...... 14507 81...... 14483 68...... 16598, 16606 1...... 15724, 18289 541...... 15390 682...... 16718 80...... 16432 2...... 14500, 15382 583...... 17253 81...... 14522, 16738 15...... 14500, 18508 800...... 14512 35 CFR 85...... 16738 21...... 15387, 18092 1154...... 16066 70...... 16718 141...... 16348 61...... 15724 Proposed Rules: 142...... 16348 63...... 15724 37...... 16232, 16234 36 CFR 180 ...... 14694, 15911, 15913, 64...... 14979 383...... 18355 73 ...... 14503, 14676, 14981, 7...... 14617 16740, 16742, 16745, 16747, 393...... 14733, 18014 16878, 16879, 18289, 18511 223...... 14618 18534, 18536 544...... 15443 76 ...... 15387, 15388, 16396, 292...... 14621 260...... 17358 571 ...... 15446, 15449, 15917, 18291, 18508 327...... 18499 261...... 14696, 17358 16073 80...... 18226 1253...... 14971 262...... 17842 574...... 15917 87...... 18226 1275...... 17842 264...... 17358, 17863 1002...... 15208 97...... 15382 Proposed Rules: 265...... 17358, 17863 1100...... 14735 266...... 17358 Proposed Rules: 1101...... 14735 242...... 15014 Ch. I...... 14717, 16432, 16890, 270...... 17358, 17863 1102...... 14735 1190...... 17271 18811 271...... 17358 1103...... 14735 1191 ...... 16232, 16233, 17271 0...... 16424 300 ...... 14280, 16068, 16229 1104...... 14735 1...... 15439 38 CFR 440...... 15917 1105...... 14735 2...... 15206, 18354 721...... 17272 1106...... 14735 1...... 14596 15...... 15206 1107...... 14735 21...... 15190 41 CFR 20...... 15753 1108...... 14735 36...... 15208 39 CFR 101±25...... 14978 1109...... 14735 64...... 15020, 18538 111...... 17190, 17206 42 CFR 68...... 15441 1110...... 14735 Proposed Rules: 69...... 15208 1111...... 14735 405...... 14640 1112...... 14735 111...... 15205 491...... 14640 73 ...... 14733, 15022, 15439, 15442, 15443, 17864, 18539, 1113...... 14735 40 CFR Proposed Rules: 1114...... 14735 413...... 17677 18540, 18541 9...... 16290 74...... 15439, 17864 1115...... 14735 1116...... 14735 51...... 16050 43 CFR 76...... 16447 52 ...... 14484, 14487, 14489, 80...... 18227 1117...... 14735 Group 8400...... 15722 14491, 14493, 14634, 14972, 87...... 18227 1118...... 14735 10010...... 16719 14974, 14975, 15704, 15706, 1119...... 14735 15709, 15713, 15715, 15717, Proposed Rules: 48 CFR 1120...... 14735 15719, 16050, 16229, 17576, 8000...... 15753 207...... 16879 1121...... 14735 18251, 18255, 18257, 18259, 8300...... 15753 225...... 16880 1122...... 14735 1123...... 14735 18500 44 CFR 231...... 16881 60 ...... 14634, 15721, 17358, 242...... 16881 1124...... 14735 18260 64 ...... 14497, 15723, 18287 252...... 16880 1125...... 14735 61...... 18260 65 ...... 14658, 14661, 16874, 1425...... 15389 1126...... 14735 63...... 17358, 18280 17251 1452...... 15389 1127...... 14735 70...... 16063, 18083 67...... 14665, 16875 1516...... 14504 1128...... 14735 80...... 16391 Proposed Rules: 1523...... 14506 1129...... 14735 81...... 14496 62...... 14709 1535...... 14264 1130...... 14735 148...... 15566, 15660 67 ...... 14715, 16887, 18538 1552 ...... 14264, 14504, 14506 1131...... 14735 167...... 14497 1604...... 15196 1132...... 14735 45 CFR 180 ...... 14637, 15192, 15895, 1652...... 15196 1133...... 14735 15896, 15900 74...... 15564 Proposed Rules: 1134...... 14735 185...... 15893 1633...... 14250 9...... 14946 1135...... 14735 186...... 15192, 15900 1634...... 14252 14...... 18480 1136...... 14735 241...... 18501 1635...... 14261 15...... 14944, 18480 1137...... 14735 260...... 16290, 17358 Proposed Rules: 17...... 14944 1138...... 14735 261 ...... 16290, 17358, 18088 1301...... 17754 31...... 14944 1139...... 14735 262...... 16290 1303...... 17754 35...... 14946 1140...... 14735 263...... 16290 1304...... 17754 37...... 14946 1141...... 14735 264...... 16290, 17358 1305...... 17754 52...... 14944, 18480 1142...... 14735 265...... 16290, 17358 1306...... 17754 1143...... 14735 266...... 16290, 17358 1308...... 17754 49 CFR 1144...... 14735 268...... 15566, 15660 3...... 17577 1145...... 14735 270...... 17358 46 CFR 79...... 17578 1146...... 14735 271 ...... 15566, 17358, 18281, 2...... 15162 190...... 18512 1147...... 14735 18284, 18502, 18504 67...... 17814 191...... 18512 1148...... 14735 273...... 16290 159...... 15162, 15868 192...... 18512 1149...... 14735 300 ...... 15902, 18287, 18507 160...... 15162, 15868 193...... 18512 1169...... 17579 403...... 15566, 15660 514...... 14979 195...... 18512 1313...... 17682 iv Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Reader Aids

50 CFR 216...... 15884 228...... 15884 251...... 14682 611...... 14465 620...... 16401 625...... 15199 641...... 14683 649...... 16882 650...... 15733 655...... 14465 663...... 14512, 16402 672...... 17256 675 ...... 16883, 17256, 17849 Proposed Rules: 17...... 15452 23...... 14543 100...... 15014 217...... 18102 227...... 18102 230...... 15754 285...... 18366 625...... 17682 630 ...... 15212, 16236, 17866 646...... 14735, 16076 650...... 16237 651 ...... 14284, 16237, 16892 659...... 17866 671...... 16456 672...... 16456, 18116 674...... 16456 675...... 16085, 16456 676...... 14547, 18116 681...... 15452 686...... 16076 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Reader Aids v

REMINDERS Interstate natural gas Tennessee; comments due The rules and proposed rules pipelines; filing COMMENTS DUE NEXT by 5-2-96; published 4-2- requirements; published 3- 96 in this list were editorially WEEK compiled as an aid to Federal 27-96 Air quality implementation √ √ Register users. Inclusion or ENVIRONMENTAL plans; A approval and AGRICULTURE exclusion from this list has no PROTECTION AGENCY promulgation; various legal significance. DEPARTMENT States; air quality planning Solid wastes: Operations Office purposes; designation of Land disposal guidelines; Acquisition regulations: areas: RULES GOING INTO CFR part removed; Michigan; comments due by EFFECT TODAY published 4-26-96 Review and revision; comments due by 4-29- 5-2-96; published 4-2-96 Superfund program: 96; published 2-28-96 Superfund program: AGRICULTURE National oil and hazardous National oil and hazardous DEPARTMENT COMMERCE DEPARTMENT substances contingency substances contingency Agricultural Marketing plan-- International Trade plan-- Service Administration National priorities list National priorities list Kwifruit grown in California; Uruguay Round Agreements update; published 4-26- update; comments due published 3-27-96 Act (URAA); conformance: 96 by 4-30-96; published Perishable Agricultural Antidumping and 3-28-96 Commodities Act: HEALTH AND HUMAN countervailing duties; National priorities list Oil-blanched fresh and SERVICES DEPARTMENT comments due by 4-29- update; comments due frozen fruits and Health Care Financing 96; published 2-27-96 by 5-1-96; published 4- vegetables, including Administration COMMERCE DEPARTMENT 1-96 frozen french fried potato Medicare and Medicaid: Water pollution control: products; coverage National Oceanic and Prepaid health care Atmospheric Administration Ocean dumping; bioassay extension; published 3-27- testing requirements; 96 organizations; physician Fishery conservation and incentive plans comments due by 5-1-96; AGRICULTURE management: requirements; published 3- published 3-28-96 DEPARTMENT Atlantic striped bass and 27-96 FEDERAL Farm Service Agency weakfish; comments due COMMUNICATIONS HEALTH AND HUMAN Dairy indemnity payment by 4-29-96; published 3- COMMISSION SERVICES DEPARTMENT program; extension; 28-96 Practice and procedure: published 4-26-96 Inspector General Office, Atlantic swordfish; Regulatory fees (FY 1996); Program regulations: Health and Human Services comments due by 5-2-96; assessment and Business and industrial loan Department published 4-12-96 collection; comments due program; audit Medicare and Medicaid: North Pacific fisheries by 4-29-96; published 4- requirements; published 4- Prepaid health care research plan; 15-96 26-96 organizations; physician implementation; comments Radio and television AGRICULTURE incentive plans due by 4-29-96; published broadcasting: DEPARTMENT requirements; published 3- 3-28-96 Equal employment Rural Business-Cooperative 27-96 DEFENSE DEPARTMENT opportunity rule and Service policies; revision; Program regulations: HOUSING AND URBAN Privacy Act; implementation; comments due by 4-30-96; comments due by 4-30- Business and industrial loan DEVELOPMENT DEPARTMENT published 3-1-96 96; published 3-12-96 program; audit Radio stations; table of requirements; published 4- Federal regulatory review: EDUCATION DEPARTMENT assignments: 26-96 Low income housing-- Postsecondary education: Colorado; comments due by AGRICULTURE Housing assistance Foreign language and area 5-2-96; published 3-18-96 DEPARTMENT payments (Section 8); studies fellowships Illinois et al.; comments due Rural Housing Service published 3-27-96 program; comments due by 4-29-96; published 3- Program regulations: Interstate land sales by 4-29-96; published 3- 13-96 Business and industrial loan registration program; Federal 28-96 Louisiana; comments due by program; audit regulatory review; published Modern foreign language 5-2-96; published 3-18-96 requirements; published 4- 3-27-96 training and area studies, New York; comments due 26-96 Noncitizens; restrictions on etc.; comments due by 4- by 5-2-96; published 3-18- AGRICULTURE assistance; consolidation 29-96; published 3-28-96 96 DEPARTMENT and streamlining; Federal ENVIRONMENTAL Virgin Islands; comments Rural Utilities Service regulatory review; published PROTECTION AGENCY due by 5-3-96; published Program regulations: 3-18-96 3-27-96 Air quality implementation Business and industrial loan plans; approval and Virginia; comments due by program; audit TRANSPORTATION 4-29-96; published 3-13- DEPARTMENT promulgation; various requirements; published 4- States: 96 26-96 Coast Guard Television stations; table of California; comments due by DEFENSE DEPARTMENT Regattas and marine parades: assignments: 5-2-96; published 3-18-96 Engineers Corps Newport to Ensenada Race, Oklahoma; comments due Illinois; comments due by 5- Water resource development CA; published 2-9-96 by 5-3-96; published 3-18- projects; shoreline 2-96; published 4-2-96 96 TRANSPORTATION management; published 4- Indiana; comments due by Wisconsin; comments due DEPARTMENT 26-96 5-2-96; published 4-2-96 by 4-29-96; published 3- ENERGY DEPARTMENT Research and Special Kentucky; comments due by 13-96 Federal Energy Regulatory Programs Administration 5-2-96; published 4-2-96 FEDERAL TRADE Commission Pipeline safety: Pennsylvania; comments COMMISSION Natural gas companies Federal regulatory reform; due by 5-2-96; published Lubricating oil, previously (Natural Gas Act): published 4-26-96 4-2-96 used; deceptive advertising vi Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Reader Aids

and labeling; comments due agencies; comments due due by 5-3-96; published Securities held through by 5-3-96; published 4-3-96 by 4-29-96; published 2- 3-4-96 financial intermediaries; Private vocational school 28-96 TRANSPORTATION comments due by 5-3-96; guides; comments due by 5- INTERIOR DEPARTMENT DEPARTMENT published 3-4-96 3-96; published 4-3-96 Fish and Wildlife Service Federal Aviation VETERANS AFFAIRS HEALTH AND HUMAN Federal regulatory review: Administration DEPARTMENT SERVICES DEPARTMENT Airworthiness directives: Wildlife and plants; lists Loan guaranty: Food and Drug consolidation; comments AlliedSignal Inc.; comments Administration due by 5-3-96; published due by 4-29-96; published Discount points financed in Biological products: 3-19-96 2-29-96 connection with interest Well-characterized Meetings: Michelin Aircraft Tire Corp.; rate reduction refinancing comments due by 4-30- biotechnology products-- Endangered Species of Wild loans; limitation; 96; published 1-29-96 Approved application Fauna and Flora comments due by 4-29- changes reporting; International Trade Class E airspace; comments 96; published 2-28-96 comments due by 4-29- Convention; comments due by 4-29-96; published 96; published 1-29-96 due by 4-30-96; published 3-18-96 Approved application 3-1-96 TRANSPORTATION LIST OF PUBLIC LAWS changes reporting; INTERIOR DEPARTMENT DEPARTMENT guidance availability; Surface Mining Reclamation Surface Transportation comments due by 4-29- Board This is a list of public bills and Enforcement Office from the 104th Congress 96; published 1-29-96 Rail licensing proceudres: Permanent program and which have become Federal Approved application abandoned mine land Abandonment and laws. It may be used in changes reporting; reclamation plan discontinuance of rail lines conjunction with ``P L U S'' guidance availability; submissions: and rail transportation; (Public Laws Update Service) comments due by 4-29- comments due by 5-3-96; Illinois; comments due by 4- on 202±523±6641. The text of 96; published 1-29-96 published 3-19-96 29-96; published 3-29-96 laws is not published in the Clinical investigators; financial TREASURY DEPARTMENT Federal Register but may be disclosure; comments due Missouri; comments due by 5-2-96; published 4-2-96 Customs Service ordered in individual pamphlet by 4-29-96; published 3-5- Organization and functions; form (referred to as ``slip LABOR DEPARTMENT 96 field organization, ports of laws'') from the Food for human consumption: Occupational Safety and entry, etc.: Superintendent of Documents, Federal regulatory review Health Administration Columbus, OH; port limits U.S. Government Printing and comment request; Occupational injury and extension; comments due Office, Washington, DC 20402 comments due by 4-29- illness; recording and by 4-30-96; published 3-1- (phone, 202±512±2470). 96; published 12-29-95 reporting requirements; 96 comments due by 5-2-96; H.J. Res. 175/P.L. 104±131 Food labeling-- TREASURY DEPARTMENT published 2-2-96 Nutrient content claims; Fiscal Service Making further continuing Preliminary economic appropriations for the fiscal definition of term, Bonds and notes, U.S. analysis; executive year 1996, and for other healthy; comments due Treasury: by 4-29-96; published summary; comments due purposes. (Apr. 24, 1996; 110 Payments by banks and 2-12-96 by 5-2-96; published 2-29- Stat. 1213) 96 other financial institutions HOUSING AND URBAN of United States savings S. 735/P.L. 104±132 DEVELOPMENT TRANSPORTATION bonds and notes DEPARTMENT DEPARTMENT (Freedom Shares); Antiterrorism and Effective Federal regulatory review: Coast Guard comments due by 5-1-96; Death Penalty Act of 1996 (Apr. 24, 1996; 110 Stat. Fair housing; certification Regattas and marine parades: published 4-1-96 1214) and funding of State and World's Fastest Lobster Book-entry Treasury bonds, local enforcement Boat Race; comments notes, and bills: Last List April 11, 1996