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2 III

Contents Federal Register Vol. 62, No. 121

Tuesday, June 24, 1997

Agricultural Marketing Service Children and Families Administration NOTICES NOTICES Cotton research and promotion order: Agency information collection activities: Referendum on continuation of 1990 amendments; Submission for OMB review; comment request, 34070– determination, 34042–34043 34071

Agriculture Department Coast Guard See Agricultural Marketing Service RULES See Animal and Plant Health Inspection Service Merchant marine officers and seamen: See Commodity Credit Corporation Commercial vessel personnel— See Food and Consumer Service Chemical drug and alcohol testing programs; foreign See Rural Utilities Service implementation date, 34014–34015 NOTICES RULES Freedom of Information Act and Privacy Act; Meetings: implementation: Vessel response plan; marine salvage and firefighting Federal regulatory reform, 33977–33982 capabilities and responsibilities; workshop, 34105– 34106

Alcohol, Tobacco and Firearms Bureau Commerce Department PROPOSED RULES See International Trade Administration Alcohol; viticultural area designations: See National Oceanic and Atmospheric Administration Diablo Grande, CA, 34027–34031 Commodity Credit Corporation Animal and Plant Health Inspection Service RULES NOTICES Loan and purchase programs: Environmental statements; availability, etc.: Livestock indemnity program, 33982–33986 Pink hibiscus mealybug; release of nonindigenous wasps for use as biological control agents, 34043–34044 Copyright Office, Library of Congress PROPOSED RULES Sound recordings, publicly performed, of nonexempt Antitrust Division subscription digital transmissions; notice and NOTICES recordkeeping, 34035–34039 Competitive impact statements and proposed consent judgments: Defense Department Sealy Corp., 34079 See Army Department RULES Architectural and Transportation Barriers Compliance Acquisition regulations: Board Miscellaneous amendments, 34114–34141 NOTICES PROPOSED RULES Meetings: Civilian health and medical program of uniformed services Access Board, 34045 (CHAMPUS): TRICARE retiree dental program, 34032–34035

Army Department Education Department RULES NOTICES Military reservations and national cemeteries: Privacy Act: Aberdeen Proving Ground, MD; protests, picketing, and Computer matching programs, 34047–34048 other similar demonstrations, 33998–33999 NOTICES Employment and Training Administration Patent licenses; non-exclusive, exclusive, or partially NOTICES exclusive: Adjustment assistance: Sudden Infant Death Syndrome (SIDS) monitor and Baroid Drilling Fluids et al., 34080 stimulator, etc., 34046–34047 Dunbrook et al., 34080–34081 Johnson & Johnson Medical, Inc., 34081 Centers for Disease Control and Prevention Kentucky Apparel LLP, 34081–34082 NOTICES Lawton Manufacturing Co., 34082 Agency information collection activities: Vision Ease et al., 34082 Proposed collection; comment request, 34065–34066 Grants and cooperative agreements; availability, etc.: Energy Department Vietnamese-American children; hepatitis B vaccination See Energy Efficiency and Renewable Energy Office project, 34066–34070 See Federal Energy Regulatory Commission IV Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Contents

Energy Efficiency and Renewable Energy Office Northwest Pipeline Corp., 34052 NOTICES Ozark Gas Transmission System, 34052–34053 Consumer product test procedures; waiver petitions: Questar Pipeline Co., 34053 Rheem Manufacturing Co., 34048–34049 South Carolina Electric & Gas Co., 34053 Southern Co. Services, Inc., 34053–34054 Environmental Protection Agency Texas Eastern Transmission Corp., 34054 RULES Texas Gas Transmission Corp., 34054 Air quality implementation plans; approval and Texas-Ohio Pipeline, Inc., 34054 promulgation; various States: Transcontinental Gas Pipe Line Corp., 34054–34055 Virginia, 33999–34007 WestGas Interstate Inc., 34055 Clean Air Act: Williams Natural Gas Co., 34055–34056 Acid rain program— Williston Basin Interstate Pipeline Co., 34056 Early reduction credits; phase II, 34148–34151 Hazardous waste program authorizations: Federal Maritime Commission Maine, 34007–34012 NOTICES PROPOSED RULES Agreements filed, etc., 34063–34064 Clean Air Act: Acid rain program— Federal Reserve System Early reduction credits, 34039–34040 NOTICES NOTICES Banks and bank holding companies: Agency information collection activities: Change in bank control, 34064 Proposed collection; comment request, 34060 Formations, acquisitions, and mergers, 34064 Clean Air Act: Meetings: Acid rain program— Consumer Advisory Council, 34064–34065 Nitrogen oxides, etc.; permits and permit Meetings; Sunshine Act, 34065 modifications, 34060–34062 Meetings: Federal Retirement Thrift Investment Board Science Advisory Board, 34062–34063 RULES Thrift savings plan: Federal Aviation Administration Periodic participant statements; definitions and RULES clarification, 34154–34155 Class E airspace, 33986–33990 Fish and Wildlife Service Standard instrument approach procedures, 33990–33995 NOTICES PROPOSED RULES Airworthiness directives: Endangered and threatened species permit applications, Saab, 34024–34026 34074 Class E airspace, 34026–34027 Importation, exportation, and transportation of wildlife: NOTICES American alligators; conservation implications of Agency information collection activities: exportation; comment request, 34074–34076 Proposed collection; comment request, 34106 Food and Consumer Service Exemption petitions; summary and disposition, 34106– NOTICES 34108 Agency information collection activities: Meetings: Proposed collection; comment request, 34044 Rotorcraft emergency float systems; technical workshop, 34108 Food and Drug Administration Reports and guidance documents; availability, etc.: RULES Airport improvement program grants and letters of intent; Animal drugs, feeds, and related products: airport capacity projects benefit cost analysis; policy Eprinomectin, 33997–33998 and guidance, 34108–34110 Food additives: Adjuvants, production aids, and sanitizers— Federal Communications Commission Polyethyleneglycol akyl(C10-C12) ether sulfosuccinate, RULES etc., 33995–33997 Common carrier services: Caller ID; blocking and unblocking requirements; General Services Administration exemptions, 34015–34016 RULES Federal property management: Federal Energy Regulatory Commission Utilization and disposal— NOTICES Excess personal property; reporting criteria, 34012– Electric rate and corporate regulation filings: 34014 Commonwealth Electric Co. et al., 34056–34060 Applications, hearings, determinations, etc.: Government Ethics Office Columbia Gas Transmission Corp., 34049 RULES Columbia Gulf Transmission Co., 34051 Executive Branch financial disclosure, qualified trust, and Florida Gas Transmission Co., 34050–34051 certificates of divesture: Kern River Gas Transmission Co., 34051 No new interests certificate; optional use, 33972–33977 Koch Gateway Pipeline Co., 34049–34050 Midwest Energy, Inc., 34051 Health and Human Services Department Mobile Bay Pipeline Co., 34052 See Centers for Disease Control and Prevention Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Contents V

See Children and Families Administration Mine Safety and Health Administration See Food and Drug Administration NOTICES See National Institutes of Health Agency information collection activities: Proposed collection; comment request, 34083–34084 Housing and Urban Development Department RULES National Institutes of Health Low income housing: NOTICES HOPE for homeownership of single family homes Meetings: program (HOPE 3), 34144–34145 National Center for Research Resources, 34071 NOTICES National Institute of Dental Research, 34071–34072 Agency information collection activities: National Institute on Deafness and Other Communication Submission for OMB review; comment request, 34072– Disorders, 34071 34074 National Oceanic and Atmospheric Administration Interior Department RULES See Fish and Wildlife Service Fishery conservation and management: See Land Management Bureau Northeastern United States fisheries— See Reclamation Bureau Scup fishery, 34016 National Science Foundation International Trade Administration NOTICES NOTICES Meetings: Antidumping: Antarctic tour operators, 34084 Polyvinyl alcohol from— Biological Sciences Advisory Committee, 34084–34085 Taiwan, 34045–34046 Education and Human Resources Advisory Committee, Solid urea from— 34085 Former German Democratic Republic; correction, 34046 Human Resource Development Special Emphasis Panel, Countervailing duties: 34085 Cotton shop towels from— Research, Evaluation and Communication Special Pakistan, 34046 Emphasis Panel, 34085–34086 Undergraduate Education Special Emphasis Panel, 34086 Justice Department See Antitrust Division National Transportation Safety Board See Justice Programs Office NOTICES NOTICES Meetings; Sunshine Act, 34086 Pollution control; consent judgments: M&O Environmental Co. et al., 34077 Nuclear Regulatory Commission Oaas, Torger L., et al., 34077–34078 NOTICES Philadelphia, PA, Board of Education, 34078 Meetings: Stoughton, WI, 34078–34079 Reactor Safeguards Advisory Committee, 34089–34090 Meetings; Sunshine Act, 34090 Justice Programs Office Organization, functions, and authority delegations: NOTICES Local public document room relocation and Grants and cooperative agreements; availability, etc.: establishment— Reducing non-emergency calls to 911; four approaches to Washington Power Supply System; Nuclear Units 3 handling citizen calls for service, 34079–34080 and 5 site in Satsop, WA; new location selection, 34090–34091 Labor Department Petitions; Director’s decisions: See Employment and Training Administration Consumers Power Co. et al., 34091–34095 See Labor Statistics Bureau Applications, hearings, determinations, etc.: See Mine Safety and Health Administration Northern States Power Co., 34086–34088 Tennessee Valley Authority, 34088–34089 Labor Statistics Bureau Occupational Safety and Health Review Commission NOTICES PROPOSED RULES Agency information collection activities: Practice and procedure: Proposed collection; comment request, 34083 E-Z Trial pilot program implementation and simplified proceedings for adjudicative process; rules revision, Land Management Bureau 34031–34032 NOTICES Closure of public lands: Personnel Management Office California, 34076 RULES Meetings: Intergovernmental Personnel Act programs: Resource advisory councils— Personnel administration by State and local governments; Ukiah (Northwest California), 34076 merit systems standards, 33971–33972 PROPOSED RULES Library of Congress Political activities; Federal employees residing in See Copyright Office, Library of Congress designated localities, 34017–34024 VI Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Contents

Postal Rate Commission Surface Transportation Board NOTICES NOTICES Meetings; Sunshine Act, 34095 Railroad operation, acquisition, construction, etc.: Penn-Jersey Rail Lines, Inc., 34110–34111 Public Health Service Sutch, Jeffrey L., et al., 34111 See Centers for Disease Control and Prevention See Food and Drug Administration Transportation Department See National Institutes of Health See Coast Guard See Federal Aviation Administration Reclamation Bureau See Research and Special Programs Administration NOTICES See Surface Transportation Board Meetings: NOTICES Bay-Delta Advisory Council, 34076–34077 Agency information collection activities: Proposed collection; comment request, 34101–34102 Research and Special Programs Administration Submission for OMB review; comment request, 34102– PROPOSED RULES 34105 Pipeline safety: Pipeline Personnel Qualification Negotiated Rulemaking Treasury Department Committee— See Alcohol, Tobacco and Firearms Bureau Meetings, 34041 NOTICES Organization, functions, and authority delegations: Rural Utilities Service Fiscal Assistant Secretary, 34111–34112 NOTICES Electric loans: Quarterly municipal interest rates, 34044–34045 Separate Parts In This Issue

Securities and Exchange Commission Part II NOTICES Department of Defense, 34114–34141 Meetings; Sunshine Act, 34096 Applications, hearings, determinations, etc.: Part III Amerac Energy Corp., 34095 Department of Housing and Urban Development, 34144– Borland International, Inc., 34096 34145 Great Train Store Co., 34096 Part IV Small Business Administration Environmental Protection Agency, 34148–34151 NOTICES Disaster loan areas: Part V Louisiana, 34096–34097 Federal Retirement Thrift Investment Board, 34154–34155 Mississippi, 34097 Ohio, 34097

Social Security Administration Reader Aids NOTICES Additional information, including a list of public laws, Social security claims: telephone numbers, reminders, and finding aids, appears in Disability evaluation; redesigned method development; the Reader Aids section at the end of this issue. research plan, 34097–34101

State Department Electronic Bulletin Board NOTICES Free Electronic Bulletin Board service for Public Law Meetings: numbers, Federal Register finding aids, and a list of International Telecommunications Advisory Committee, documents on public inspection is available on 202–275– 34101 1538 or 275–0920. Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Contents VII

CFR PARTS AFFECTED IN THIS ISSUE

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

5 CFR 212...... 34114 900...... 33971 214...... 34114 1640...... 35154 215...... 34114 2634...... 33972 216...... 34114 219...... 34114 Proposed Rules: 222...... 34114 733...... 34017 224...... 34114 7 CFR 225...... 34114 1...... 33977 227...... 34114 1414...... 33982 228...... 34114 1415...... 33982 229...... 34114 1416...... 33982 231...... 34114 1434...... 33982 232...... 34114 1437...... 33982 233...... 34114 1439...... 33982 234...... 34114 1468...... 33982 235...... 34114 1477...... 33982 236...... 34114 1479...... 33982 237...... 34114 1489...... 33982 239...... 34114 242...... 34114 14 CFR 243...... 34114 71 (6 documents) ...... 33986, 245...... 34114 33987, 33988, 33989 246...... 34114 97 (3 documents) ...... 33990, 249...... 34114 33992, 33994 252...... 34114 Proposed Rules: 253...... 34114 39...... 34024 71...... 34026 49 CFR Proposed Rules: 21 CFR 192...... 34041 175...... 33995 195...... 34041 178...... 33995 524...... 33997 50 CFR 556...... 33997 648...... 34016 24 CFR 572...... 34144 27 CFR Proposed Rules: 9...... 34027 29 CFR Proposed Rules: 2200...... 34031 32 CFR 552...... 33998 Proposed Rules: 199...... 34032 37 CFR Proposed Rules: Ch. II ...... 34035 40 CFR 52...... 33999 73...... 34148 271...... 34007 Proposed Rules: 73...... 34039 41 CFR 101±43...... 34012 101±44...... 34012 101±45...... 34012 101±46...... 34012 46 CFR 16...... 34014 47 CFR 64...... 34015 48 CFR Ch. II ...... 34114 201...... 34114 202...... 34114 203...... 34114 204...... 34114 208...... 34114 209...... 34114 33971

Rules and Regulations Federal Register Vol. 62, No. 121

Tuesday, June 24, 1997

This section of the FEDERAL REGISTER and innovation at the State and local because it imposes no new requirements contains regulatory documents having general levels by eliminating standardized, on State or local governments. applicability and legal effect, most of which detailed requirements. These new List of Subjects in 5 CFR Part 900 are keyed to and codified in the Code of revisions continue that emphasis, and Federal Regulations, which is published under are consistent with the 50 titles pursuant to 44 U.S.C. 1510. Administrative practice and Intergovernmental Personnel Act’s procedure, Civil rights, Government The Code of Federal Regulations is sold by requirement to minimize Federal employees, Individuals with the Superintendent of Documents. Prices of intervention in State and local disabilities, Intergovernmental relations. new books are listed in the first FEDERAL government personnel administration. Office of Personnel Management. REGISTER issue of each week. Consequently, we are modifying regulations at 5 CFR 900.604(b)(3) that James B. King, require the Chief Executive to resolve Director. OFFICE OF PERSONNEL compliance issues ‘‘to the satisfaction of Accordingly, OPM is amending part MANAGEMENT the Office of Personnel Management.’’ 900 of title 5, Code of Federal We are doing this for two reasons. First, 5 CFR PART 900 Regulations, as follows: OPM has no independent authority to RIN 3206±AH90 adjudicate individual complaints. The PART 900ÐINTERGOVERNMENTAL Act restricts OPM from exercising PERSONNEL ACT PROGRAMS Intergovernmental Personnel Act ‘‘authority, direction or control over the Programs; Standards for a Merit selection, assignment, advancement, 1. The authority citation for part 900, System of Personnel Administration retention, compensation, or other subpart F, continues to read as follows: AGENCY: Office of Personnel personnel action with respect to any Authority: 42 U.S.C. 4728, 4763; E.O. Management. individual State or local employee.’’ 11589, 3 CFR part 557 (1971–1975 Compilation). ACTION: Final rule. Second, the respective statutes which require State or local governments to SUMMARY: The Office of Personnel establish merit systems do so pursuant 2. In Subpart F § 900.604, paragraphs Management is revising the regulations to proper and efficient grants (b)(3) and (b)(4) are revised to read as on the Standards for a Merit System of administration. We believe that issues of follows: Personnel Administration. The revision merit systems compliance should be § 900.604 Compliance. reflects changes and revisions in laws or raised and addressed in the context of * * * * * regulations that require State and local State or local government performance governments to establish and maintain in grants administration, and that this is (b) * * * merit systems of personnel appropriately done by or under the (3) When a chief executive requests administration. Specifically, the revised direction of the Federal grantor agency. the assistance of the Office of Personnel regulations eliminate any implied Therefore, OPM’s policy will be to Management, the Office will provide individual right of appeal to OPM, accept allegations of non-compliance consultation and technical advice to aid eliminate obsolete references to the with the standards only from grantor the State or local government in Federal Personnel Manual, and provide agencies. As required by the Act, OPM complying with the Standards. a current list of covered programs. will continue to provide, when (4) The Office of Personnel EFFECTIVE DATE: July 24, 1997. requested, interpretation, advice, and Management will advise Federal FOR FURTHER INFORMATION CONTACT: technical assistance when such issues agencies on application of the Standards Gary L. Smith, 202–606–2980, FAX arise. in resolving compliance issues and will 202–606–2663. During the review and comment recommend actions to carry out the SUPPLEMENTARY INFORMATION: Section period following publication of these purposes of the Intergovernmental 900.606 of Subpart F, Standards for a proposed regulations at 62 FR 4940, Personnel Act. Questions regarding Merit System of Personnel OPM received two comments from interpretation of the Standards will be Administration, provided for grantor agencies. One comment referred to the Office of Personnel publication of procedures implementing expressed agreement with the proposed Management. merit requirements in the Federal changes to the regulations. The other Personnel Manual (FPM). No comment recommended further § 900.606 [Removed] procedures were ever issued under the revisions to Appendix A for recent 3. Section 900.606 is removed. FPM system which was abolished legislation that will become effective on December 31, 1993. The section was July 1, 1997. Those recommended 4. Appendix A to Subpart F is revised unnecessary and is being withdrawn to revisions were incorporated into this to read as follows: be consistent with the sunset of the final rule. No comments were received Appendix A to Subpart F—Standards FPM. Appendix A is being revised to from individuals, organizations, or state for a Merit System of Personnel reflect changes in laws and regulations and local governments. Administration that have occurred since 1983 when the Regulatory Flexibility Act list of pertinent laws and regulations Part I: The following programs have a was last revised. I certify that this regulation will not statutory requirement for the Our 1983 revisions (48 FR 9209) to have a significant economic impact on establishment and maintenance of these regulations promoted flexibility a substantial number of small entities personnel standards on a merit basis. 33972 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations

Program, Legislation, and Statutory Occupational Safety and Health Act of The amendment to 5 CFR 2634.601 Reference 1970; BLS Grant Application Kit, May 1, reflects the standardized confidential Food Stamp, Food Stamp Act of 1977, 1973, Supplemental Assurance No. 15A. disclosure form’s revision and as amended; 7 U.S.C. 2020(e)(6)(B). Robert T. Stafford Disaster Assistance redesignation in 1996 as OGE Form 450. Employment Security and Emergency Relief Act (42 U.S.C. A camera-ready copy of that form was (Unemployment Insurance and 5196b), as amended; 44 CFR 302.4. distributed by OGE on February 27, Employment Services), Social Security [FR Doc. 97–16425 Filed 6–23–97; 8:45 am] 1996, to all designated agency ethics Act (Title III), as amended by the Social BILLING CODE 6325±01±M officials, for local copying and gradual Security Act Amendments of 1939, phase-in as a replacement for the Section 301, on August 10, 1939, and Standard Form (SF) 450. As indicated in the Wagner-Peyser Act, as amended by OFFICE OF GOVERNMENT ETHICS the proposed rule, Paperwork Reduction Pub. L. 81–775, section 2, on September Act clearance for the outdated SF 450 8, 1950; 42 U.S.C. 503(a)(1) and 29 5 CFR Part 2634 will expire on August 31, 1997, after which that form is no longer usable. U.S.C. 49d(b). RIN 3209±AA00 Grants to States for Old-Age This amended section also references Assistance for the Aged (Title I of the Executive Branch Financial Disclosure, the new OGE Optional Form 450–A Social Security Act); 42 U.S.C. Qualified Trusts, and Certificates of which the amendment to § 2634.905 302(a)(5)(A).1 Divestiture authorizes, as discussed below. Aid to Families with Dependent The amendment to 5 CFR 2634.905 Children, (Title IV–A of the Social AGENCY: Office of Government Ethics exercises OGE’s authority under current Security Act); 42 U.S.C. 602(a)(5).2 (OGE). § 2634.905(c) of the regulation to Grants to States for Aid to the Blind, ACTION: Final rule. approve, in writing, alternative (Title X of the Social Security Act); 42 procedures for confidential disclosure, U.S.C. 1202(a)(5)(A).1 SUMMARY: The Office of Government which in this instance is being Grants to States for Aid to the Ethics is amending the regulation accomplished through the regulatory Permanently and Totally Disabled, governing confidential financial process with a new § 2634.905(d). That (Title XIV of the Social Security Act); 42 disclosure for executive branch new subsection authorizes all executive U.S.C. 1352(a)(5)(A).1 employees, to update the standardized branch agencies to permit the use of a Grants to States for Aid to the Aged, confidential disclosure report form’s standardized certificate of no new Blind or Disabled. (Title XVI of the designation as OGE Form 450, which is interests as an alternative procedure in Social Security Act); 42 U.S.C. replacing the Standard Form (SF) 450; lieu of filing OGE Form 450, for annual 1382(a)(5)(A).1 and to provide authority for all confidential disclosure filers (other than Medical Assistance (Medicaid), Social executive branch agencies to adopt and special Government employees) who Security Act (Title XIX), as amended, use a standardized certificate of no new can make the required certifications and section 1902 (a)(4)(A); 42 U.S.C. interests (OGE Optional Form 450–A) as who choose to use this method. That 1396(a)(4)(A). an alternative procedure in lieu of OGE standardized certificate has been State and Community Programs on Form 450, for regular employee annual designated as OGE Optional Form 450– Aging (Older Americans), Older confidential disclosure filers who can A. Users must certify that they (and Americans Act of 1965 (Title III), as make the required certifications. their spouse and dependent children) amended by the Comprehensive Older EFFECTIVE DATE: July 24, 1997. have acquired no new reportable Americans Act Amendments of 1976, FOR FURTHER INFORMATION CONTACT: G. financial interests since filing their most section 307 on October 18, 1978; 42 Sid Smith, Associate General Counsel, recent previous OGE Form 450 (which U.S.C. 3027(a)(4). Office of Government Ethics; telephone: they must first reexamine), and that they Federal Payments for Foster Care and 202–208–8000; TDD: 202–208–8025; have not changed jobs (no new position Adoption Assistance, (Title IV–E of the FAX: 202–208–8037. description or other significant change Social Security Act); 42 U.S.C. 671(a)(5). in duties) at their agency since filing Part II: The following programs have SUPPLEMENTARY INFORMATION: that previous report. a regulatory requirement for the I. Background establishment and maintenance of A form similar to the new OGE personnel standards on a merit basis. On January 15, 1997, the Office of Optional Form 450–A was tested by a Government Ethics (OGE) published a Cabinet-level department in 1995, Program, Legislation, and Regulatory proposed amendment to the which yielded highly favorable results. Reference confidential financial disclosure Following that test, OGE obtained Occupational Safety and Health regulation for the executive branch, to comments from ethics officials Standards, Williams-Steiger modify 5 CFR 2634.601 and 2634.905. throughout the executive branch by Occupational Safety and Health Act of See 62 FR 2048–2052. Five departments means of a written survey and a focus 1970; Occupational Safety and Health and agencies submitted written group. The general consensus of State Plans for the Development and comments that suggested modifications opinions expressed through these Enforcement of State Standards; to the proposed amendment, and two information-gathering efforts established Department of Labor, 29 CFR 1902.3(h). submitted letters concurring in the the basis for the new OGE Optional Occupational Safety and Health amendment as proposed. After Form 450–A and the procedures for its Statistics, Williams-Steiger considering those comments, as use, as outlined in this regulatory discussed below, OGE has made some amendment. For those agencies that 1 Public Law 92–603 repealed Titles I, X, XIV and clarifying and corrective changes to the decide to permit filers to use OGE XVI of the Social Security Act effective January 1, rule as proposed and to the draft OGE Optional Form 450–A, this alternative to 1974, except that ‘‘such repeal does not apply to Optional Form 450–A, in adopting them an annual OGE Form 450 should help Puerto Rico, Guam, and the Virgin Islands.’’ 2 Public Law 104–193 repealed the Aid to as final. We are publishing the amended ease the administrative burden for both Families with Dependent Children program proposal herewith as a final rule, filers and ethics officials, while effective July 1, 1997. effective July 24, 1997. preserving general uniformity and Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations 33973 continuing to guard against conflicts of offers. For all these reasons, we have Concerning the other comment on interest. retained in this final rule the how to effectively review a filer’s parenthetical reference that the old SF holdings and how to inform new II. Analysis of Comments to the 450 remains usable only until August supervisors of those holdings without Proposed Amendments 31, 1997. After that date, the OGE Form the previously filed OGE Form 450, we Only five departments and agencies 450 must be used by confidential filers. note that the certificate will be a partial (hereinafter referred to generally as One agency asked that the final rule update of an OGE Form 450 that has agencies) submitted written comments clarify whether the new certificate of no already been reviewed with respect to that suggested modifications to the new interests (OGE Optional Form 450– the filer’s current duties and kept on file proposed amendment, while two A) could be used during the fall 1997 by the agency, as discussed in the additional letters concurred in the confidential disclosure filing cycle. We preamble to the proposed rule. In most amendment as proposed. The following have made no change to the proposed cases, there will be no need for the discussion concerns the five letters rule on that question, as it will be clear agency to re-review the previous OGE which offered substantive comments. from the rule’s effective date, July 24, Form 450. Any recusals or work Section 2634.601 1997, that it is usable in 1997. We will assignment screening mechanisms also notify ethics officials of that should already have been established One agency asked that it be allowed effective date by separate memorandum, and undertaken, based on the original to continue using the outdated Standard to be issued contemporaneously with review of that earlier OGE Form 450. Form (SF) 450, as it still has a large the publication of this rule in the Furthermore, by not requiring certificate supply of those forms. We are unable to Federal Register. Of course, prior to users to attach their previous OGE Form satisfy that request. First, OGE placed permitting the use of OGE Optional 450, the rule best advances the all designated agency ethics officials on Form 450–A for some or all of its notice that the old form would gradually fundamental purposes for creating the eligible confidential filers, an agency certificate: to reduce paperwork and to be phased out (possibly as early as the head or designee must make the fall of 1996), when we distributed for simplify procedures for both filers and determination required by new ethics officials. The amendment still immediate use a camera-ready copy of § 2634.905(d) that this certificate is the new form in a memorandum dated allows an individual agency to require adequate to prevent possible conflicts of that its certificate users attach a copy of February 27, 1996. That advisory and a interest, under the agency’s particular subsequent reminder memorandum of their previous OGE Form 450, if the circumstances. Agencies should agency determines that the previous June 17, 1996, did suggest that the old accomplish this through their own SF 450 could continue to be used until form should be reexamined by established procedures, without supervisors or other agency reviewers. supplies were depleted, unless consulting OGE. (If, however, an agency otherwise advised. However, those Note, however, that only the agency’s wishes to deviate from the prescribed official copy which is maintained in its memoranda also encouraged agencies to methodology or format for OGE begin anticipating their needs and files will necessarily reflect changes Optional Form 450–A, it must seek made during the agency review process, making arrangements for local copying separate written OGE approval, of the new OGE Form 450 in time for along with any steps undertaken to pursuant to § 2634.905(c), with resolve potential conflicts. Therefore, the October 1996 filing cycle, which appropriate justification. Other formats occurred more than six months ago. the filer’s personal copy will not always may also require clearance under the be an accurate or reliable indicator of Second, the proposed regulatory Paperwork Reduction Act from the the previously filed OGE Form 450, as amendment of January 15, 1997, put Office of Management and Budget.) ethics officials on notice that Paperwork reviewed. Based on all these Reduction Act clearance for the SF 450 Section 2634.905 considerations, OGE has not altered the would finally expire at the end of Two agencies suggested that the proposed rule to accommodate this August 1997. Third, the SF 450 is no regulation should require users of the request, and will leave any requirement longer considered to be an adequate certificate of no new interests to attach for certificate users to attach their format, as it is not fully up-to-date their previous OGE Form 450, as a basis previous OGE Form 450 up to each regarding certain disclosure for a full conflicts review by the agency individual agency. requirements, and therefore OGE has and to inform new supervisors, or as an Even though not required to attach not sought a further extension of aid in tracking when filers would be their previous OGE Form 450, users of Paperwork Reduction Act clearance for required to submit a new complete OGE OGE Optional Form 450–A must first it from the Office of Management and Form 450. On the latter point, this verify that they have reexamined their Budget. For example, the SF 450 does amendment was constructed so that most recent previous OGE Form 450 not reflect a 1993 amendment to the agencies will not have to track each before certifying that they have no new confidential disclosure regulation individual filer’s history to determine interests to report. Two agencies eliminating the requirement to disclose when the allowable period of time has commented that it should be the bank accounts, money market funds and passed between OGE Form 450 filings. responsibility of individual filers to accounts, and U.S. Government Instead, all confidential disclosure filers retain copies of their prior OGE Form obligations and securities. The old form must use the OGE Form 450 every 450s for this purpose, so that they do also forces filers to determine whether fourth year (or every third or second not unnecessarily burden the agency certain mutual funds and pensions are year, if the agency chooses to use those with requests for copies. As noted in the ‘‘excepted investment funds,’’ which is options), on a uniform basis. The preamble to the proposed rule, filers no longer required of confidential filers. preamble to the proposed amendment should be encouraged to retain copies of While OGE has instructed agencies to discussed this, but for further their previous filings, so that an advise their filers of these changes, that clarification, we have added a reference agency’s ethics office does not become has only served as a temporary stopgap in § 2634.905(d)(4) of the final rule to overburdened with providing them measure. Furthermore, the SF 450 does § 2634.905(d)(5), which specifies the copies. We have added a sentence to not contain the improved instructional uniform periodic filing of OGE Form § 2634.905(d)(6) as a permanent guidance that the new OGE Form 450 450. reminder. The final rule does not, 33974 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations however, require filers to retain their Paperwork Reduction Act for an altered permits implementation of this prior OGE Form 450 as a condition of OGE Form 450. Our existing proposal procedure for all or specified groups of their using the new OGE Optional Form for a separate certificate of no new its eligible filers. Using these guidelines, 450–A. If an agency is unable to interests has already been pending or the commenting agency may decide to convince filers to retain such records under development for almost two approve the use of OGE Optional Form and believes that this creates an years, and the new OGE Form 450 was 450–A for some but not all of its local administrative burden, then that agency issued just last year. For these reasons, components. may decide, as suggested in the we believe that we should now go One commenter asked that OGE allow preamble to the proposed rule, not to forward with the separate certificate, as agencies to develop alternative systems adopt this new alternative procedure, proposed. tailored to their particular needs. As because administrative time-saving One Cabinet-level department advised discussed in the preamble to the would not be realized. Agencies might OGE that the proposal for a separate proposed rule, the general regulatory also want to delay implementation of certificate of no new interests would not authorization for use of a standardized this alternative procedure, which would be implemented by them, as it would alternative procedure by executive provide a base year for filers to retain a unnecessarily complicate the branch agencies which this amendment copy of their OGE Form 450. administration of the financial accomplishes does not eliminate other Three agencies suggested that the disclosure program and filing process, alternative procedures that have been certificate of no new interests be and it could confuse filers. They cited approved by OGE in writing on an transformed into a certificate of no the loss of predictability for filers, the agency-specific basis, under 5 CFR change. For the reasons discussed in the need for the department to distribute 2634.905(c). If an agency wishes to preamble to the proposed rule, OGE has additional instructions, the possibility deviate from the prescribed not done that. As the preamble noted, it of having to provide both blank forms to methodology or format for OGE was a certificate of no new interests that filers, and the potential of requests from Optional Form 450–A, it must seek had been tested at a Cabinet-level filers for copies of their prior reports. separate written OGE approval pursuant department and subsequently favored While we cannot disagree that some to § 2634.905(c), with appropriate by 84% of the respondents to OGE’s of these concerns may be valid to justification. (Other formats may also survey, rather than a certificate of no varying degrees, we believe that the require clearance under the Paperwork change (no new interests and no majority of agencies will find overall Reduction Act from the Office of divestitures). A certificate of no new that the certificate of no new interests Management and Budget.) This interests will permit a greater number of will reduce paperwork and will provide commenter correctly recognized that, filers to use this alternative to the OGE a welcome relief for both filers and absent separate OGE approval, the new Form 450. If an agency is concerned that agency ethics officials. In order to OGE Optional Form 450–A must be filers may be unnecessarily recusing further simplify the matter of providing used in exactly the prescribed format themselves from matters where they no guidance to certificate users on the and under the regulatory requirements longer hold a conflicting financial meaning of ‘‘reportable’’ interests, OGE of § 2634.905(d). It is optional only in interest, it may want to have supervisors has made some changes to the sense that implementation by periodically revalidate with employees § 2634.905(d)(3) of the final rule, agencies is discretionary, and that its the continued need for any existing including a suggestion that agencies use will not be mandatory for any recusals, as a separate matter. If that is may refer filers to electronic sources employee. not practical, an agency may elect not to such as OGE’s Internet Web site or One agency suggested that the OGE adopt this alternative procedure, and software for completing OGE Form 450. Optional Form 450–A be permitted for instead to continue requiring a new Additionally, as noted in the proposed a maximum of four consecutive years OGE Form 450 each year. Or it could rule, use of this alternative certificate is before collection of another complete seek written approval from OGE for entirely optional with each agency, and OGE Form 450, rather than three, as it some other alternative, pursuant to even if the agency does decide it would would be easier to remember that filing § 2634.905(c), with appropriate be beneficial to adopt, each affected a complete OGE Form 450 is required in justification. (Other formats may also employee would retain the option of years ending in ‘‘0’’ or ‘‘5’’ than in years require clearance under the Paperwork either using the certificate (if applicable) divisible by four. Alternatively, this Reduction Act from the Office of or filing a new OGE Form 450. Thus, agency suggested that agencies be Management and Budget.) this regulatory amendment does not allowed to spread the periodic Two agencies suggested that, instead mandate any new requirements for collection of OGE Form 450s from of a separate form to be submitted as a agencies or their employees. It simply certificate users over several different certificate of no new interests, we responds to a need for additional years, so that it would not have to should amend OGE Form 450 to include flexibility that OGE and a number of review all such forms in the same year. a space for periodic certification by agencies and employees have identified. The Office of Government Ethics has filers, or that we should permit filers to The commenting department’s counter- rejected both suggestions. As noted in stamp or annotate a certification on the proposal for a certification directly on the preamble to the proposed rule, over current OGE Form 450. While those are the OGE Form 450 has not been half of the respondents to OGE’s survey useful suggestions which could help adopted, for the reasons discussed recommended the four-year maximum. reduce paper and administration, and above. The new regulation permits agencies to which might be less confusing for some One agency asked that OGE allow adopt fewer than four years as its filers, we have decided to retain the local rather than agencywide standard, but we believe that a longer proposed method of filing a separate implementation of OGE Optional Form period would significantly reduce the certificate. Switching to the method 450–A. As noted above, this new effectiveness of OGE Optional Form suggested by those two commenters on procedure requires the agency to 450–A in preventing conflicts. an executive branchwide basis would determine, under § 2634.905(d), that its Concerning the requirement that all require OGE to publish a new proposed use is adequate to prevent conflicts of users of the OGE Optional Form 450–A rule in the Federal Register and to seek interest, under that agency’s particular file a new OGE Form 450 periodically additional clearance under the circumstances. Further, the new rule at the same time, rather than staggering Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations 33975 those filings, the discussion above and Optional Form 450–A by changing ‘‘or’’ since that is what will affect the in the preamble to the proposed rule to ‘‘and/or.’’ Another agency suggested potential for conflict with their financial explains that this was considered that the new form be revised to include interests. necessary in order to avoid the supplementary guidance directly on its III. Availability of Forms and administrative confusion that would face. Because of space limitations, and Confidentiality result if agencies had to track for to further the purpose of this certificate individual filers when their next OGE as a short and simple alternative for Previously, OGE provided a camera- Form 450 would be due. Furthermore, it annual filers, OGE has not adopted that ready version of OGE Form 450 to each was preferred by nearly two-thirds of suggestion. designated agency ethics official, for the respondents to OGE’s survey. Two agencies suggested that OGE copying of supplies locally. Likewise, In order to more accurately track the should add a signature block to the OGE OGE intends to distribute to all language of OGE Optional Form 450–A, Optional Form 450–A for the supervisor designated agency ethics officials before OGE has amended § 2634.905(d) of the and/or ethics official to indicate receipt, the effective date a camera-ready final rule describing the term ‘‘changed or to show completion of review, or to version of the new OGE Optional Form jobs.’’ As indicated therein, it includes verify whether the filer had changed 450–A, for local copying. Both forms are a new position description or other jobs and if so, its effect on the potential also available from OGE in electronic ‘‘significant change’’ in duties at one’s for conflicts. Instead, the form has a format, from which paper copies may be agency. Ordinarily, a certificate user space at the bottom, marked ‘‘for agency printed. The electronic format may be should have no difficulty in use,’’ with a designated block for ‘‘date obtained through OGE’s electronic understanding what is meant by a of receipt’’ and for general ‘‘notes.’’ bulletin board TEBBS (‘‘The Ethics ‘‘significant change’’ in duties, Agencies are free to use that space as Bulletin Board System’’) at 202–208– especially in the context of the potential they see fit, which might include the 8030, or via OGE’s World Wide Web for conflicts of interest. If an agency signatures of supervisors or ethics Site at http://www.access.gpo.gov/ anticipates that this could confound officials, if they deem it appropriate. usoge. employees, it may wish to offer special Recognizing that each agency might As indicated in the proposed rule, guidance, tailored to the agency’s want to use different procedures for once the OGE Optional Form 450–A is mission and functions or to categories of tracking or examining these certificates, completed and filed, it is a confidential position descriptions. The Office of we have decided not to make the document and must be accorded the Government Ethics has deliberately not specific additions suggested by these same privacy protections as the OGE attempted to further define the concept two commenters. Form 450. Thus, no member of the of ‘‘significant change’’ in duties, We have also not adopted the public will have access to a completed because it is not amenable to a suggestion of one agency that OGE certificate of no new interests, except as Governmentwide or rigid interpretation. Optional Form 450–A be revised to authorized by law. See 5 CFR For some agencies, it may be important more prominently state the penalties for 2634.604(b) and 2634.901(d). The OGE to have certificate users consider not falsification. Because of space Optional Form 450–A includes a only changes in their official limitations, we have decided to leave Privacy Act statement to that effect. responsibilities but also in the outside the penalties section on the second IV. Matters of Regulatory Procedure entities with which they routinely page, along with the Privacy Act interact, when determining whether statement. Executive Order 12866 there has been a ‘‘significant change.’’ If Nor have we adopted an agency’s In promulgating these final rule the term proves too elusive for some suggestion that OGE Optional Form amendments, the Office of Government agencies or filers, then they should 450–A be modified to account for Ethics has adhered to the regulatory simply not use OGE Optional Form changes in a spouse’s Federal philosophy and the applicable 450–A. Again, the purpose of this new employment. The form as drafted principles of regulation set forth in form and procedure is to reduce requires a certification that the section 1 of Executive Order 12866, paperwork and administrative burden. If certificate user’s spouse has not changed Regulatory Planning and Review. These an agency determines that those goals jobs with a non-Federal employer, amendments have also been reviewed will not be fulfilled, then it should not because it is only the spouse’s non- by the Office of Management and adopt this new option. Federal employment that must be Budget under that Executive order. reported as an earned income source on OGE Optional Form 450–A OGE Form 450. Based on this suggestion Regulatory Flexibility Act One agency asked that OGE revise the about spousal employment, however, As Director of the Office of parenthetical statement on the new OGE we have decided to modify OGE Government Ethics, I certify under the Optional Form 450–A which refers filers Optional Form 450–A and § 2634.905(d) Regulatory Flexibility Act (5 U.S.C. to instructions accompanying OGE of the regulatory amendment, to more chapter 6) that this final amendatory Form 450 or other agency guidance in directly focus on the source of a rule will not have a significant determining what interests are spouse’s non-Federal income rather economic impact on a substantial considered reportable. The agency than on a change in the spouse’s number of small entities, because it suggested that filers should be referred responsibilities with an employer. To primarily affects Federal executive to both sources, not to one or the other, accomplish this on the form, we have branch employees and their agencies. so that an agency might supplement the moved spousal employment sources of instructional guidance accompanying income to section A (‘‘No New Paperwork Reduction Act OGE Form 450 without having to repeat Interests’’) of the certificate and deleted The Paperwork Reduction Act (44 or reference all of its contents. While we it from section B (‘‘No Change in U.S.C. chapter 35) does not apply, do not concur that supplemental Position/Duties’’). For certificate users because these amendments do not guidance would necessarily have to themselves, the form will remain contain information collection repeat or reference all other guidance in unchanged, as for them the inquiry does requirements that require the approval order to stand alone, we have modified relate to their Federal employment and of the Office of Management and the parenthetical reference on the OGE whether their duties have changed, Budget. 33976 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations

List of Subjects in 5 CFR Part 2634 is available from GSA’s Federal Supply the position they currently hold. Its due Service.) date is as specified in § 2634.903(a), Administrative practice and * * * * * unless extended under § 2634.903(d). procedure, Certificates of divestiture, (d) The information collection and (3) As indicated on the OGE Optional Conflict of interests, Financial recordkeeping requirements have been Form 450–A, eligible filers may use disclosure, Government employees, approved by the Office of Management OGE Optional Form 450–A, if Penalties, Privacy, Reporting and and Budget under control number 3209– applicable to their circumstances, or recordkeeping requirements, Trusts and 0001 for the SF 278, and control number they may file a new OGE Form 450, at trustees. 3209–0006 for OGE Form 450/SF 450. their option. Therefore, a blank OGE Approved: May 5, 1997. OGE Optional Form 450–A has been Form 450 and its accompanying written Stephen D. Potts, determined not to require an OMB instructions should ordinarily be Director, Office of Government Ethics. paperwork control number, as its use is distributed to them, along with the strictly optional for employees, it is blank OGE Optional Form 450–A. The Accordingly, for the reasons set forth used exclusively by current Government instructions to OGE Form 450 will also in the preamble, the Office of employees, and it does not require provide guidance on what is meant by Government Ethics is amending part affirmative disclosure of substantive ‘‘reportable’’ interests on OGE Optional 2634 of subchapter B of chapter XVI of information. Form 450–A. In lieu of distributing a title 5 of the Code of Federal blank OGE Form 450 and its Regulations, as follows: Subpart IÐConfidential Financial instructions, agencies may choose to Disclosure Reports develop separate guidance on the PART 2634Ð[AMENDED] meaning of ‘‘reportable’’ interests, or 3. Section 2634.905 is amended by they may refer certificate users to 1. The authority citation for part 2634 removing the word ‘‘or’’ at the end of guidance contained in any available continues to read as follows: paragraph (b)(2), by removing the period source, such as the Office of Authority: 5 U.S.C. App. (Ethics in at the end of paragraph (c) and replacing Government Ethics’ Web site on the Government Act of 1978); 26 U.S.C. 1043; it with the terms ‘‘; or’’, and by revising Internet or agency-approved electronic E.O. 12674, 54 FR 15159, 3 CFR, 1989 Comp., the introductory text and adding a new software for OGE Form 450. Filers p. 215, as modified by E.O. 12731, 55 FR paragraph (d) before the examples to would then also have to be advised of 42547, 3 CFR, 1990 Comp., p. 306. read as follows: where to obtain a blank OGE Form 450, if needed. Subpart FÐProcedure § 2634.905 Exclusions from filing requirements. (4) OGE Optional Form 450–A may be used by eligible filers for a maximum of 2. Section 2634.601 is amended by Any individual or class of individuals three consecutive years before they are removing the parenthetical phrase described in § 2634.904 of this subpart, required to complete a new OGE Form following paragraph (c), and by revising including special Government 450 every fourth year, on a uniform paragraph (a) and adding a new employees unless otherwise noted, may basis for all incumbent (annual) filers, paragraph (d) to read as follows: be excluded from all or a portion of the as provided in paragraph (d)(5) of this confidential reporting requirements of § 2634.601 Report forms. section. Agencies may, however, elect to this subpart, when the agency head or permit use of the OGE Optional Form (a) The Office of Government Ethics designee determines that: 450–A for only one year (or two years), provides, through the Federal Supply * * * * * and to require a new OGE Form 450 Service of the General Services (d) The use of OGE Optional Form every second (or third) year, on a Administration (GSA), a standard form, 450–A (Confidential Certificate of No uniform basis for all incumbent filers, as the SF 278 (Public Financial Disclosure New Interests) is adequate to prevent provided in paragraph (d)(5) of this Report), for reporting the information possible conflicts of interest. This form section. described in subpart B of this part on may be used by eligible filers, as (5) In each year divisible by four, executive branch public disclosure. The described in this paragraph, who can beginning in 2000 (or divisible by two Office of Government Ethics also certify, after reexamining their most or three, beginning in 1998, for agencies provides two uniform formats relating to recent previous OGE Form 450, that that choose one of the more frequent confidential financial disclosure: OGE they (and their spouse and dependent options described in the second Form 450 (Confidential Financial children) have acquired no new sentence of paragraph (d)(4) of this Disclosure Report) for reporting the interests required to be reported on OGE section), all incumbent filers, as information described in subpart I of Form 450, and that they have not described in § 2634.903(a) of this this part on executive branch changed jobs (no new position subpart, must file a new OGE Form 450 confidential disclosure; and OGE description or other significant change rather than OGE Optional Form 450–A, Optional Form 450–A (Confidential in duties) at their agency since filing regardless of how recently they may Certificate of No New Interests) for that previous report. OGE Optional have filed an OGE Form 450 (either as voluntary use by certain employees in Form 450–A will be used under the a new entrant or as an annual filer who lieu of filing an annual OGE Form 450, following conditions: was not eligible to use, or chose not to if authorized by their agency, in (1) OGE Optional Form 450–A will use, the optional certificate). accordance with § 2634.905(d) of only be made available for use by (6) When submitting OGE Optional subpart I of this part. Supplies of the current employees who are not special Form 450–A, filers are not required to two confidential forms are to be Government employees. attach a copy of their previous OGE reproduced locally by each agency, from (2) OGE Optional Form 450–A will Form 450, unless their agency a camera-ready copy or an electronic only be used by incumbent filers, as determines that it is necessary. Filers format made available by the Office of described in § 2634.903(a) of this should be encouraged, however, to Government Ethics. (Until August 31, subpart, in lieu of filing an annual OGE retain a copy of their previous OGE 1997, the old SF 450 remains usable, Form 450, who have a previous OGE Form 450, so that it will be readily rather than the new OGE Form 450, and Form 450 on file with their agency for available for their examination prior to Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations 33977 completing an OGE Optional Form coordination of the Freedom of searching the entire file page-by-page or 450–A. Information Act (FOIA), 5 U.S.C. 552, line-by-line. * * * * * pursuant to which official records may This final rule does not change the [FR Doc. 97–16409 Filed 6–23–97; 8:45 am] be obtained by any person. The requirements regarding ‘‘search services’’ in § 1.9(b). Search services are BILLING CODE 6345±01±U regulations also provide rules pertaining to the disclosure of records pursuant to services of agency personnel used in compulsory process and serve as the locating the requested records. Search services include time spent examining DEPARTMENT OF AGRICULTURE implementing regulations for the Office of the Secretary and for the office within records for the purpose of finding Office of the Secretary the Department having primary information that is within the scope of responsibility for the FOIA. the request as well as services to 7 CFR Part 1 The regulations in 7 CFR, part 1, transport personnel or records for the subpart G (Administrative Regulations— purpose of the search, if such services Freedom of Information and Privacy Privacy Act Regulations), contain the are reasonable. Search services do not Act Regulations regulations of the Department include the time spent locating a record implementing the Privacy Act of 1974, if the record is in its normal location in AGENCY: Office of the Secretary of 5 U.S.C. 552a. The regulations set forth a file or other facility or the review of Agriculture, USDA. the basic responsibilities of each agency records to determine whether the ACTION: Final rule. of the Department with regard to records are exempt. We proposed to SUMMARY: The United States Department USDA’s compliance with the amend the language of § 1.9(b) in order of Agriculture (USDA or the requirements of the Privacy Act, and to more clearly state the Department’s Department) is amending its regulations offer guidance to members of the public policy and requirements regarding pertaining to the Freedom of who wish to exercise any of the rights search services. We did not propose, Information and Privacy Acts to make created by the Act with regard to and this final rule does not make, any corrections, clarifications, updates, and records maintained by an agency of substantive changes to § 1.9(b) of the to remove unnecessary regulations. This USDA. regulations. Accordingly, we have not action is part of the USDA regulatory On July 25, 1996, we published, in the made any change in response to this reinvention initiative to improve its Federal Register (61 FR 38657–38663), comment. regulations. a proposed rule to amend the The other commenter pointed out regulations to correct references to several typographical errors contained EFFECTIVE DATE: July 24, 1997. statutes, regulations, USDA agencies, in the proposed rule that needed to be FOR FURTHER INFORMATION CONTACT: and USDA officials; reflect the change of corrected and suggested other minor, Regarding the regulations mentioned in the name of the Administration non-substantive changes which should this document, contact Scott C. Safian, Building to the Jamie L. Whitten Federal be made for clarification. We agree with Staff Attorney, Regulatory Division, Building; reflect changes in statutes and the commenter and have made these Office of the General Counsel, U.S. USDA policy; remove gender specific changes to the regulations. This Department of Agriculture, Room 2422, references; remove unnecessary commenter also suggested that we South Building, 14th Street and regulations; and make minor, change all references to the words Independence Avenue, SW, nonsubstantive changes for clarity. We ‘‘him,’’ ‘‘her,’’ ‘‘himself,’’ or ‘‘herself’’ in Washington, DC 20250–1400, (202) 720– solicited comments concerning our the Department’s Privacy Act 2003. Regarding general information on proposal for 60 days ending on regulations (7 CFR, part 1, subpart G) to USDA’s ‘‘reinvention initiative,’’ September 23, 1996. ‘‘requester’’ or ‘‘individual.’’ We agree contact: Marvin Shapiro, Chief, We received two sets of comments. with the commenter that these words Legislative, Regulatory and Automated One was from a Freedom of Information are appropriate, and should be used Systems Division, Office of Budget and Act/Privacy Act officer of one of the whenever possible. We proposed to Program Analysis, U.S. Department of Department’s subagencies; the other make these changes throughout the Agriculture, Room 147–E, Jamie L. commenter did not identify himself or Privacy Act regulations, and this final Whitten Federal Building, 14th Street herself. The commenters supported the rule does so. However, in some and Independence Avenue, SW, proposed rule, but offered suggestions instances, the use of personal pronouns Washington, DC 20250–1400, (202) 720– or sought clarification regarding the is both appropriate and necessary. We 1516. proposed changes. have made changes to the regulations SUPPLEMENTARY INFORMATION: The One commenter asked, in regard to where appropriate. President directed the heads of all § 1.9(b) of the FOIA regulations (7 CFR In addition to the above, this final Federal departments and agencies to 1.9(b)), whether the regulation was rule does not make the proposed conduct a review of their regulations omitting a page-by-page or line-by-line changes to § 1.123 of the Department’s and to eliminate or revise those that are search for the identification of the Privacy Act regulations. Section 1.123 outdated or otherwise in need of reform. requested information or material contains the systems of records (or The USDA review identified the within records for purposes of charging portions thereof) maintained by Department’s Administrative the requester for search services. The agencies of the USDA that are exempted Regulations—Official Records (7 CFR, commenter noted that sometimes a from some of the provisions of the part 1, subpart A) and Administrative requester is seeking specific records or Privacy Act. The amendment of these Regulations—Privacy Act Regulations (7 information located within a file which exemption regulations will be left to the CFR, part 1, subpart G) as two contains several drawers full of individual agencies as they publish regulations that needed to be revised. material. The requester, stated the amendments to their existing systems The regulations in 7 CFR, part 1, commenter, wants the particular records notices to reflect agency name changes. subpart A (Administrative or information but does not want a copy Therefore, based on the rationale set Regulations—Official Records) establish of the entire file. However, to locate the forth in the proposed rule and in this policy, procedures, requirements, and particular records or information document, we are adopting the responsibilities for administration and contained in the file may require provisions of the proposal as a final 33978 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations rule, with the changes discussed above PART 1ÐADMINISTRATIVE and Public Affairs’’ and adding the and other minor, nonsubstantive REGULATIONS words ‘‘FOIA Coordinator, Office of editorial changes. Communications’’ in their place. d. Paragraph (a)(4) is amended by Executive Order 12866 and Regulatory Subpart AÐOfficial Records removing the words ‘‘Assistant Flexibility Act 1. The authority citation for part 1, Secretary for Governmental and Public subpart A, is revised to read as follows: This final rule has been reviewed Affairs’’ and adding the words ‘‘Director under Executive Order 12866. The rule Authority: 5 U.S.C. 301, 552; 7 U.S.C. of Communications, Office of has been determined to be not 3125a; 31 U.S.C. 9701; and 7 CFR Communications’’ in their place. significant for the purposes of Executive 2.28(b)(7)(viii). e. Paragraph (b) introductory text is Order 12866 and, therefore, has not 2. Section 1.1 is revised to read as amended by removing the words ‘‘Office been reviewed by the Office of follows: of Governmental and Public Affairs Management and Budget. (OGPA)’’ and adding the words ‘‘Office § 1.1 Purpose and scope. of Communications (OC)’’ in their place. This rule corrects references to This subpart establishes policy, f. Paragraph (b)(3) is amended by statutes, regulations, USDA agencies, procedures, requirements, and removing the reference ‘‘7 CFR part 2, USDA officials, and the Administration responsibilities for administration and subpart A’’ and adding the reference Building; removes gender specific coordination of the Freedom of ‘‘part 2, subpart A, of this title’’ in its references; removes unnecessary Information Act (FOIA), 5 U.S.C. 552, place. provisions; updates the regulations to pursuant to which official records may g. Paragraph (b)(4) is amended by reflect changes that have been made in be obtained by any person. This subpart removing the words ‘‘Office of statutes and policy since the regulations also provides rules pertaining to the Governmental and Public Affairs’’ and were last amended; and makes minor, disclosure of records pursuant to adding the words ‘‘Office of nonsubstantive changes for clarity. This compulsory process. This subpart also Communications’’ in their place; and by action will not have any economic serves as the implementing regulations removing the words ‘‘The Office is’’ and impact. for the Office of the Secretary (the adding the words ‘‘The Office of Under these circumstances, the immediate offices of the Secretary, Communications is’’ in their place. Secretary has determined that this final Deputy Secretary, Under Secretaries and h. Paragraph (b)(5) is revised; and rule will not have a significant Assistant Secretaries) and for the Office i. Paragraph (b)(6) is revised to read as economic impact on a substantial of Communications. The Office of follows: number of small entities. Communications has the primary responsibility for the FOIA in the § 1.4 Implementing regulations for the Executive Order 12988 Office of the Secretary. Department of Agriculture (USDA). The * * * * * This rule has been reviewed under term ‘‘agency’’ or ‘‘agencies’’ is used (b) * * * Executive Order 12988, Civil Justice throughout this subpart to include both (5) The Office of Communications is Reform. This final rule: (1) Preempts all USDA program agencies and staff headed by the Director of state and local laws and regulations that offices. Communications. In the Director’s are inconsistent with this rule; (2) has § 1.2 [Amended] absence, the Office of Communications no retroactive effect; and (3) does not is headed by the Deputy Director. require administrative proceedings 3. Section 1.2 is amended as follows: a. Paragraph (a) is amended by (6) The Office of Communications before parties may file suit in court removing the word ‘‘documents’’ and consists of nine divisions, each headed challenging this rule. adding the word ‘‘records’’ in its place; by a director. Paperwork Reduction Act and by removing the word § 1.5 [Amended] ‘‘exceptional’’ and adding the word This final rule contains no ‘‘unusual’’ in its place. 6. In § 1.5, paragraph (b) is amended information collection or recordkeeping b. Paragraph (b) is amended by as follows: requirements under the Paperwork removing the word ‘‘documents’’ and a. In the first sentence, by removing Reduction Act of 1995 (44 U.S.C. 3501 adding the word ‘‘records’’ in its place. the word ‘‘also’’; and by adding the et seq.). words ‘‘for public inspection and § 1.3 [Amended] copying’’ immediately after the words Regulatory Reform 4. In § 1.3, paragraph (a)(2) is ‘‘make available’’. This action is part of the President’s amended by removing the word b. In the second sentence, by Regulatory Reform Initiative, which, ‘‘thereto’’ and adding the words ‘‘to removing the word ‘‘thereto’’ and among other things, directs agencies to indexes’’ in its place. adding the words ‘‘to such indexes’’ in remove obsolete and unnecessary 5. Section 1.4 is amended as follows: its place. regulations and to find less burdensome a. Paragraph (a) introductory text is c. In the third sentence, by removing ways to achieve regulatory goals. amended by removing the words ‘‘Office the word ‘‘Notice’’ and adding the word of Governmental and Public Affairs’’ ‘‘notice’’ in its place. List of Subjects in 7 CFR Part 1 and adding the words ‘‘Office of 7. Section 1.6 is amended as follows: a. In paragraph (a), the second Administrative practice and Communications’’ in their place. b. Paragraphs (a)(1) and (a)(2) are sentence is amended by removing the procedure, Agriculture, Antitrust, Blind, amended by removing the words words ‘‘in his or her petition ask for a Claims, Concessions, Cooperatives, ‘‘Administration Building’’ and adding fee waiver if there is likely to be a Equal access to justice, Federal the words ‘‘Jamie L. Whitten Federal charge for the requested information’’ buildings and facilities, Freedom of Building’’ in their place. and adding the words ‘‘ask for a fee information, Lawyers, Privacy. c. Paragraph (a)(3) is amended by waiver’’ in their place; in the third Accordingly, 7 CFR part 1, subpart A removing the words ‘‘Director of sentence, by removing the words and subpart G, is amended as follows: Information, Office of Governmental ‘‘Office of Governmental and Public Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations 33979

Affairs’’ and adding the words ‘‘Office b. Paragraph (b) is amended by § 1.10 Review services. of Communications’’ in their place both removing the word ‘‘insure’’ and adding * * * * * times they appear; in the third sentence, the word ‘‘ensure’’ in its place; and by (c) Review services do not include the by removing the words ‘‘Director of adding the words ‘‘reasonably time spent resolving general legal or Information’’ and adding the words segregable’’ immediately before the policy issues regarding the application ‘‘Director of Communications’’ in their word ‘‘nonexempt’’. of exemptions. place; and in the fourth sentence, by c. In paragraph (d) introductory text, removing the words ‘‘that Act’’ and the third sentence is amended by § 1.11 [Amended] adding the words ‘‘the Freedom of removing the words ‘‘it grants’’ and 11. In § 1.11, paragraph (a) Information Act’’ in their place. adding the words ‘‘the agency grants’’ in introductory text is amended by b. Paragraph (b) is amended by their place. removing the words ‘‘Whenever a removing the words ‘‘etc., which’’ and d. In paragraph (e), the second request (including any ‘‘demand’’ as adding the words ‘‘names of sentence is amended by removing the defined in § 1.21)’’ and adding the individuals, names of offices, and word ‘‘Agencies’’ and adding the words words ‘‘If a request (including a names of agencies or other organizations ‘‘Each agency’’ in its place; by removing subpoena duces tecum as described in that’’ in their place. the word ‘‘thereof’’ and adding the § 1.215)’’ in their place. c. In paragraph (c), the first sentence words ‘‘of the fee’’ in its place; in the § 1.13 [Amended] is amended by removing the word ‘‘it’’ third sentence, by removing the words 12. Section 1.13 is amended as and adding the words ‘‘the agency’’ in ‘‘In instances where’’ and adding the follows: its place; and by removing the words word ‘‘If’’ in their place; and by a. In paragraph (b), the last sentence ‘‘he or she’’ and adding the words ‘‘the removing the word ‘‘likewise’’. is amended by removing the words requester’’ in their place. e. Paragraph (f) is amended by ‘‘Assistant General Counsel.’’ and d. Paragraph (e) is amended by removing the words ‘‘the forwarding of adding the words ‘‘Assistant General removing the words ‘‘the person making copies’’ and adding the words Counsel, General Law Division, Office the request’’ and adding the words ‘‘the ‘‘providing copies of the records’’ in of the General Counsel.’’ in their place. requester’’ in their place; and by adding their place. b. Paragraph (c) is amended by adding f. Paragraph (g) is amended by adding the words ‘‘of this subpart’’ immediately the words ‘‘, General Law Division, the words ‘‘of this subpart’’ immediately after the words ‘‘appendix A’’. Office of the General Counsel,’’ e. Paragraph (f) is amended by after the words ‘‘appendix A’’ both immediately after the words ‘‘Assistant removing the words ‘‘nonagency- times they appear; and, in the second General Counsel’’; by removing the specific, i.e., are’’; and by removing the sentence, by removing the words words ‘‘Office of Governmental and words ‘‘Office of Governmental and ‘‘Similarly, as a matter of policy, where’’ Public Affairs’’ and adding the words Public Affairs, Office of Information, and adding the word ‘‘If’’ in their place. ‘‘Office of Communications’’ in their Special Programs Division’’ and adding 9. Section 1.9 is amended as follows: place; and by removing the word the words ‘‘Office of Communications’’ a. Paragraph (a) is amended by ‘‘thereof’’ and adding the words ‘‘of the in their place. removing the words ‘‘They include’’ and administrative deadline’’ in its place. f. Paragraph (g) is amended by adding the words ‘‘Search services removing the word ‘‘(agencies)’’ and include’’ in their place; and by § 1.14 [Amended] adding the words ‘‘or agencies’’ in its removing the words ‘‘They also 13. Section 1.14 is amended to read as place; and by removing the words ‘‘The include’’ and adding the words ‘‘Search follows: unit’’ and adding the words ‘‘The services also include’’ in their place. a. Paragraph (a) is amended by central processing unit in the Office of b. Paragraph (c) is removed. removing the word ‘‘dispatched’’ and Communications’’ in their place. c. Paragraph (b) is revised to read as adding the words ‘‘sent to the requester’’ g. Paragraph (h) is revised to read as follows: in its place. follows: § 1.9 Search services. b. Paragraph (b)(3) is amended by removing the word ‘‘therein’’ and § 1.6 Requests for records. * * * * * adding the words ‘‘in the request’’ in its (b) Search services do not include the * * * * * place; and by removing the words time spent locating a record if the record (h) Each agency shall develop and ‘‘Office of Governmental and Public is in its normal location in a file or other maintain a record of all written and oral Affairs’’ and adding the words ‘‘Office facility or the review of records to requests and appeals received in that of Communications’’ in their place. agency. The record shall include the determine whether the records are 14. Section 1.16 is revised to read as name of the requester; a brief summary exempt. follows: of the information requested; whether 10. Section 1.10 is amended as the request or appeal was granted, follows: § 1.16 Fee schedule. denied, or partially denied; the a. Paragraph (a) is amended by Pursuant to § 2.28 of this title, the exemption from mandatory disclosure removing the word ‘‘documents’’ and Chief Financial Officer is delegated under 5 U.S.C. 552(b) upon which any adding the word ‘‘records’’ in its place; authority to promulgate regulations denial was based; and the amount of by adding the words ‘‘of this subpart’’ providing for a uniform fee schedule any fees associated with the request or immediately after the words ‘‘appendix applicable to all agencies of the appeal. A’’; and by removing the word Department regarding requests for ‘‘document’’ and adding the word records under this subpart. The § 1.8 [Amended] ‘‘record’’ in its place. regulations providing for a uniform fee 8. Section 1.8 is amended as follows: b. Paragraph (b) is amended by schedule are found in appendix A of a. In paragraph (a) introductory text, removing the word ‘‘documents’’ and this subpart. the third sentence is amended by adding the word ‘‘records’’ in its place removing the words ‘‘it grants’’ and both times it appears. § 1.18 [Amended] adding the words ‘‘the agency grants’’ in c. Paragraph (c) is revised to read as 15. Section 1.18 is amended as their place. follows: follows: 33980 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations

a. Paragraph (a)(7) is amended by ‘‘records’’ in its place; and by removing t. Section 10 is amended by removing removing the word ‘‘fully’’. the word ‘‘document(s)’’ and adding the the reference ‘‘the provisions of 31 b. Paragraph (b) is amended by word ‘‘records’’ in its place. U.S.C. 3701, 3711–3719’’ and adding the removing the words ‘‘Director of h. In section 4, paragraph (j) is reference ‘‘31 U.S.C. 3701, 3711– Information, Office of Governmental amended by removing the words ‘‘as 3720A’’ in its place. and Public Affairs’’ and adding the amended (5 U.S.C. 552),’’; by adding the u. In section 13, the heading is words ‘‘Director of Communications, words ‘‘of this appendix’’ immediately amended by removing the word Office of Communications’’ in their after the reference to ‘‘section 6’’; and by ‘‘photographic’’. place. removing the word ‘‘schedule’’ and v. Section 13 introductory text is c. Paragraph (c) is amended by adding the word ‘‘appendix’’ in its amended by removing the words ‘‘this removing the words ‘‘Director of place. action to be’’ and adding the words Information’’ and adding the words i. In section 4, paragraph (k) is ‘‘that furnishing free reproductions is’’ ‘‘Director of Communications, Office of amended by removing the word in their place. Communications’’ in their place; and by ‘‘schedule’’ and adding the word w. In section 13, paragraph (a) is removing the reference ‘‘5 U.S.C. ‘‘appendix’’ in its place; and by amended by removing the words ‘‘Press, 552(d)’’ and adding the reference ‘‘5 removing the words ‘‘(formerly 31 radio, television, and newsreel U.S.C. 552(e)’’ in its place. U.S.C. 483a)’’. representatives’’ and adding the words j. Section 5 introductory text is ‘‘Representatives of the news media’’ in Appendix A of Subpart B—[Amended] amended by removing the words ‘‘as their place. 16. Appendix A of subpart A is amended,’’; and by removing the words x. Section 17 introductory text is amended as follows: ‘‘The Act’’ and adding the word ‘‘FOIA’’ amended by removing the word ‘‘here’’ a. Section 1 is amended by removing in their place. and adding the words ‘‘in this section’’ the word ‘‘documents’’ and adding the k. In section 5, paragraph (a) in its place. word ‘‘records’’ in its place. introductory text is amended by adding y. In section 17, the fourth sentence b. In section 2, the first sentence is the words ‘‘of this appendix’’ of paragraph (a) is amended by amended by adding the words ‘‘of this immediately after the reference to removing the words ‘‘fee schedule’’ and appendix’’ immediately after the words ‘‘section 3(a)’’; and in paragraph (a)(2) adding the word ‘‘appendix’’ in their ‘‘section 5’’ and by removing the word by removing the word ‘‘documents’’ and place; and by removing the words ‘‘document’’ and adding the word adding the word ‘‘records’’ in its place. ‘‘National Agricultural Library, Room ‘‘record’’ in its place; in the second l. In section 5, paragraph (b)(2) is 111, Information Access Division, sentence, by removing the words ‘‘in amended by adding the words ‘‘of this USDA, Beltsville, Maryland 20705 (301– certifying’’ and adding the word appendix’’ immediately after the 344–3834)’’ and adding the words ‘‘certifying’’ in their place and by reference ‘‘(see section 5(a)(1))’’. ‘‘National Agricultural Library, removing the words ‘‘in sending’’ and m. In section 5, paragraph (d) is Agricultural Research Service, USDA, adding the word ‘‘sending’’ in their amended by removing the words ‘‘any Document Delivery Services Branch, place; and in the third sentence, by of the above categories’’ and adding the 10301 Baltimore Boulevard, Beltsville, removing the word ‘‘schedule’’ and words ‘‘the categories described in Maryland 20705–2351 (301–504–6503)’’ adding the word ‘‘appendix’’ in its paragraphs (a), (b), or (c) of this section’’ in their place. place. in their place; by removing the word z. In section 17, paragraph (c) is c. In section 3, paragraph (a) is ‘‘documents’’ and adding the word amended by removing the word amended by removing the word ‘‘records’’ in its place; and by adding the ‘‘below’’ and adding the words ‘‘in this ‘‘documents’’ and adding the word words ‘‘of this appendix’’ immediately paragraph’’ in its place. ‘‘records’’ in its place; by removing the after the reference to ‘‘section 4(e)’’. aa. In section 17, paragraph (d) is words ‘‘as specified below in section 5’’ n. In section 6, paragraph (a) amended by removing the word and adding the words ‘‘as specified in introductory text is amended by revising ‘‘below’’ and adding the words ‘‘in this section 5 of this appendix’’ in their the first sentence to read, ‘‘Agencies paragraph’’ in its place. place; by removing the word shall waive or reduce fees on request for bb. Section 11 is revised. ‘‘information’’ and adding the word records if disclosure of information in cc. Section 12 is revised; and ‘‘records’’ in its place; and by adding the the records is deemed to be in the dd. In section 17, paragraph (e) is words ‘‘of this appendix’’ immediately public interest.’’. revised to read as foloows: after the reference to ‘‘section 4(e)’’. o. In section 6, paragraph (a)(1)(v) is Appendix—Fee Schedule d. In section 3, paragraph (b) is amended by removing the words ‘‘, if amended by removing the words ‘‘Also, so,’’. * * * * * no’’ and adding the word ‘‘No’’ in their p. In section 6, paragraph (a)(3)(i) is Section 11. Photographic and Digital place. amended by removing the word Reproductions of Microfilm, Aerial Imagery, e. In section 3, paragraph (c) is ‘‘information’’ and adding the word and Maps amended by removing the words ‘‘In ‘‘records’’ in its place. Microfilm, aerial imagery, and maps that addition, fees’’ and adding the word q. In section 6, paragraph (a)(3)(ii) is have been obtained in connection with the ‘‘Fees’’ in their place. amended by removing the word authorized work of this Department may be f. In section 3, paragraph (d) ‘‘recipient’’ and adding the word sold at the estimated cost of furnishing introductory text is amended by ‘‘requester’’ in its place. reproductions of these records, using removing the word ‘‘Documents’’ and r. In section 8, paragraph (d) is photographic, digital, or other methods of adding the word ‘‘Records’’ in its place; amended by removing the word reproduction as prescribed in this appendix. and in paragraph (d)(2) by removing the ‘‘below’’ and adding the words ‘‘in Section 12. Agencies Which Furnish word ‘‘free’’ and adding the word ‘‘fee’’ section 9 of this appendix’’ in its place. Photographic Reproductions in its place. s. Section 9 is amended by removing (a) Aerial photographic reproductions. The g. In section 4, paragraph (c) is the reference ‘‘section 3717 of title 31 agencies of the Department identified in this amended by removing the word U.S.C.’’ and adding the reference ‘‘31 paragraph furnish aerial photographic ‘‘information’’ and adding the word U.S.C. 3717’’ in its place. reproductions. Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations 33981

(1) Farm Service Agency (FSA), APFO, words ‘‘or herself’’ immediately after the b. Paragraph (e) is amended by USDA–FSA, 2222 West 2300 South, PO Box word ‘‘himself’’. removing the word ‘‘he’’ and adding the 30010, Salt Lake City, Utah 84125. b. In paragraph (b), the first sentence words ‘‘the head of the agency’’ in its (2) Natural Resources Conservation Service is amended by removing the words ‘‘he place; by removing the word ‘‘therefor’’ (NRCS), National Cartography and Geospatial Center, 501 Felix Street, Building 23, Fort is’’ and adding the words ‘‘the requester and adding the words ‘‘for the Worth, Texas 76115, or a cartographic facility is’’ in their place; in the second determination’’ in its place; and by in any NRCS Technical Service Center. sentence, by removing the words ‘‘he removing the word ‘‘his’’ and adding the (b) Other photographic reproductions. shall’’ and adding the words ‘‘the words ‘‘the requester’s’’ in its place. Photographic reproductions other than aerial requester shall’’ in their place; by § 1.116 [Amended] photographic reproductions may be obtained removing the word ‘‘his’’ and adding the from the agencies of the Department words ‘‘the requester’s’’ in its place; by 22. Section 1.116 is amended as identified in this paragraph. removing the words ‘‘he understands’’ follows: (1) Farm Service Agency (FSA), Aerial and adding the words ‘‘the requester a. Paragraph (a) introductory text is Photography Field Office, USDA–FSA, 2222 amended by adding the words ‘‘or her’’ West 2300 South, PO Box 30010, Salt Lake understands’’ in their place; and, in the last sentence by removing the words immediately after the word ‘‘him’’. City, Utah 84125. b. Paragraph (b) is amended by (2) Forest Service (FS), USDA, PO Box ‘‘when the records are ones whose 96090, Washington, DC 20090–6090, or a FS disclosure is required by 5 U.S.C. 552’’ removing the reference ‘‘5 U.S.C. Regional Office. and adding the words ‘‘if the records are 552(e)(1) and (5)’’ and adding the (3) National Agricultural Library, required by 5 U.S.C. 552 to be released’’ reference ‘‘5 U.S.C. 552a(e) (1) and (5)’’ Agricultural Research Service, USDA, in their place. in its place. Document Delivery Services Branch, 10301 c. Paragraph (c) is amended by Baltimore Boulevard, Beltsville, Maryland § 1.117 [Amended] 20705–2351. removing the words ‘‘him via’’ and 23. Section 1.117 is amended as (4) Natural Resources Conservation adding the words ‘‘himself or herself follows: Service, National Cartography and Geospatial by’’ in their place; by removing the a. Paragraph (a) introductory text is Center, 501 Felix Street, Building 23, Fort words ‘‘him during’’ and adding the amended by removing the word ‘‘It’’ and Worth, Texas 76115. words ‘‘the requester during’’ in their adding the words ‘‘The agency’’ in its (5) Office of Communications, Photography place; and by removing the words ‘‘their place. Division, Room 4407 South Building, presence’’ and adding the words ‘‘the Washington, DC 20250. b. In paragraph (a)(2), the first presence of such other person or sentence is amended by removing the * * * * * persons’’ in their place. word ‘‘his’’ and adding the word ‘‘the’’ Section 17. Reproduction Prices d. Paragraph (d) is amended by in its place; and by removing the word * * * * * removing the words ‘‘to him’’ and ‘‘he’’ and adding the words ‘‘the (e) Special needs. For special needs not adding the words ‘‘to the requester’’ in requester’’ in its place. covered elsewhere in this section, persons their place; by removing the words ‘‘him c. Paragraph (b) is amended by desiring aerial photographic reproductions copies’’ and adding the words ‘‘the removing the word ‘‘therefor’’ and should contact the aerial photography requester copies’’ in their place; and by adding the words ‘‘for the inability to coordinator, Farm Service Agency (FSA), removing the word ‘‘thereof’’ and comply with paragraphs (a)(1) or (a)(2) Aerial Photography Field Office, USDA–FSA, adding the words ‘‘of those records’’ in of this section within 30 days,’’ in its 2222 West 2300 South, PO Box 30010, Salt its place. Lake City, Utah 84125. place. e. In paragraph (e), the first sentence d. Paragraph (d)(3) is amended by * * * * * is amended by removing the words ‘‘he removing the words ‘‘and where’’ and shall’’ and adding the words ‘‘the Subpart GÐPrivacy Act Regulations adding the word ‘‘if’’ in their place. requester shall’’ in their place; by e. Paragraph (e)(2) is amended by 17. The authority citation for part 1, removing the words ‘‘his request’’ and removing the word ‘‘therefor’’ and subpart G, is revised to read as follows: adding the words ‘‘his or her request’’ adding the words ‘‘for the determination in their place; by removing the words Authority: 5 U.S.C. 301 and 552a; 31 not to grant all or a portion of the U.S.C. 9701. ‘‘his identity’’ and adding the words request for correction or amendment’’ in ‘‘the requester’s identity’’ in their place; its place. § 1.110 [Amended] in the second sentence, by removing the f. Paragraph (e)(3) is amended by 18. Section 1.110 is amended by words ‘‘he is’’ and adding the words adding the words ‘‘or she’’ immediately removing the word ‘‘It’’ and adding the ‘‘the requester is’’ in their place; by after the word ‘‘he’’. words ‘‘This subpart’’ in its place; and removing the words ‘‘he understands’’ by removing the words ‘‘the Act’’ and and adding the words ‘‘the requester § 1.118 [Amended] adding the words ‘‘the Privacy Act’’ in understands’’ in their place; and in the 24. Section 1.118 is amended as their place both times they appear. third sentence, by removing the words follows: ‘‘when the records are ones whose a. Paragraph (c) is amended by § 1.112 [Amended] disclosure is required by 5 U.S.C. 552’’ removing the word ‘‘his’’ and adding the 19. In § 1.112, paragraph (a) and adding the words ‘‘if the records are word ‘‘a’’ in its place. introductory text is amended by adding required by 5 U.S.C. 552 to be released’’ b. Paragraph (d) is amended by the words ‘‘or her’’ immediately after in their place. removing the word ‘‘he’’ and adding the the word ‘‘him’’. words ‘‘the head of the agency’’ in its § 1.114 [Amended] place. § 1.113 [Amended] 21. Section 1.114 is amended as c. Paragraph (e) introductory text is 20. Section 1.113 is amended as follows: amended by removing the word ‘‘he’’ follows: a. Paragraph (d) is amended by and adding the words ‘‘the head of the a. Paragraph (a) is amended by adding removing the word ‘‘he’’ and adding the agency’’ in its place. the words ‘‘or her’’ immediately after words ‘‘the system manager’’ in its place d. Paragraph (e)(1) is amended by the word ‘‘him’’; and by adding the both times it appears. removing the word ‘‘therefore’’ and 33982 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations adding the words ‘‘for the i. In section 6, paragraph (b) interim rule on the Internet at: determination’’ in its place. introductory text is amended by www.fsa.usda.gov. e. Paragraph (e)(2) is amended by removing the words ‘‘The provisions of FOR FURTHER INFORMATION CONTACT: removing the word ‘‘his’’ and adding the paragraph (a) of this Section’’ and by Diane Sharp, (202) 720–7641. words ‘‘the requester’s’’ in its place. adding the words ‘‘Paragraph (a) of this section’’ in their place. SUPPLEMENTARY INFORMATION: § 1.121 [Amended] j. In section 6, paragraph (c) is Executive Order 12766 25. Section 1.121 is amended by amended by adding the words ‘‘or her’’ removing the words ‘‘enumerated acts’’ immediately after the words ‘‘his’’. This interim rule is issued in and adding the words ‘‘acts enumerated k. Section 7 introductory paragraph is in 5 U.S.C. 552a(i)’’ in their place; by conformance with Executive Order amended by removing the words 12866 and has been determined to be removing the words ‘‘on or after ‘‘(beginning March 30, 1976)’’. September 27, 1975,’’; and by removing significant and has been reviewed by l. Section 8 is amended by removing the reference ‘‘5 U.S.C. 552a(m)’’ and the Office of Management and Budget. the words ‘‘the provisions of’’. adding the reference ‘‘5 U.S.C. Regulatory Flexibility Act 552a(m)(1)’’ in its place. Done in Washington, DC, this 17th day of June, 1997. It has been determined that the § 1.122 [Amended] Dan Glickman, Regulatory Flexibility Act is not 26. Section 1.122 is amended by Secretary of Agriculture. applicable to this rule because the Farm removing the word ‘‘thereof’’ and [FR Doc. 97–16414 Filed 6–23–97; 8:45 am] Service Agency (FSA) and the adding the words ‘‘of systems of BILLING CODE 3410±01±P Commodity Credit Corporation (CCC) records’’ in its place; by removing the are not required by 5 U.S.C. 553 or any word ‘‘below’’ and adding the words ‘‘in other provision of law to publish a this section’’ in its place. DEPARTMENT OF AGRICULTURE notice of proposed rulemaking with Appendix A—Internal Directives respect to the subject matter of this rule. Commodity Credit Corporation [Amended] Environmental Evaluation 27. Appendix A of subpart G is 7 CFR Parts 1414, 1415, 1416, 1434, amended as follows: 1437, 1439, 1468, 1477, 1479, and 1489 It has been determined by an a. In section 1, paragraph (c) environmental evaluation that this introductory text is amended by adding RIN 0560±AF15 action will have no significant impact on the quality of the human the words ‘‘, of’’ immediately before the Livestock Indemnity Program colon. environment. Therefore, neither an b. In section 1, paragraph (c)(4) is AGENCY: Commodity Credit Corporation, environmental assessment nor an amended by removing the word ‘‘him’’ USDA. environmental impact statement is needed. and adding the words ‘‘the individual’’ ACTION: Interim rule with request for in its place. comments. Executive Order 12988 c. In section 1, paragraph (d)(7) is amended by adding the words ‘‘or her’’ SUMMARY: This interim rule sets forth This rule has been reviewed in immediately after the word ‘‘his’’; and the terms and conditions of the accordance with Executive Order 12788. by removing the word ‘‘him’’ and Livestock Indemnity Program as The provisions of this rule preempt adding the words ‘‘the individual’’ in its authorized by the 1997 Emergency State laws to the extent such laws are place. Supplemental Appropriations Act, inconsistent with the provisions of this d. In section 1, paragraph (d)(8) is which may be made available to eligible rule. The provisions of this rule are amended by adding the words ‘‘or her’’ livestock producers for livestock and retroactive to October 1, 1996. Before immediately after the word ‘‘his’’; by poultry losses that occurred as a result any judicial action may be brought removing the word ‘‘he’’ and adding the of natural disasters that occurred concerning the provisions of this rule, words ‘‘the individual’’ in its place both between October 1, 1996, and June 12, the administrative remedies must be times it appears; and by adding the 1997, for which a Presidential or exhausted. words ‘‘or her’’ immediately after the Secretarial disaster was requested by Executive Order 12372 word ‘‘him’’. June 12, 1997, and subsequently e. In section 2, paragraph (a) is approved. This program is not subject to the amended by removing the words This rule also deletes obsolete ‘‘insure that 30’’ and adding the words provisions of Executive Order 12372, program regulation as part of the which require intergovernmental ‘‘ensure that at least 30’’ in their place. National Performance Review Initiative f. In section 3, paragraph (c) is consultation with State and local to eliminate unnecessary regulations officials. See the Notice related to 7 CFR amended by removing the word ‘‘above’’ and improve those that remain in force. and adding the words ‘‘required under part 3015, subpart V, published at 48 FR paragraph (a) of this section’’ in its DATES: Effective June 24, 1997. 29115 (June 24, 1983). Comments must be received by July 24, place; and by adding the words ‘‘or her’’ Unfunded Mandates Reform Act of 1997 in order to be assured of immediately after the word ‘‘his’’. 1995 g. In section 4, by removing the words consideration. ‘‘, if such contract is agreed to on or ADDRESSES: Comments should be This rule contains no Federal after September 27, 1975,’’; and by mailed to Diane Sharp, Director, mandates under the regulatory removing the words ‘‘that section’’ and Compliance and Production Adjustment provisions of Title II of the Unfunded adding the reference ‘‘5 U.S.C. 552a(i)’’ Division, Farm Service Agency, United Mandates Reform Act of 1995 (UMRA) in their place. States Department of Agriculture, STOP for State, local, and tribal governments h. In section 6, paragraph (a) is 0517, 1400 Independence Ave. S.W., or the private sector. Thus, this rule is amended by adding the words ‘‘or her’’ Washington, D.C. 20013–2415. not subject to the requirements of immediately after the word ‘‘his’’. Telephone (202) 720–7641. Access this sections 202 and 205 of UMRA. Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations 33983

Small Business Regulatory Enforcement Estimated Number of Respondents: determined by the Deputy Fairness Act of 1996 60,000. Administrator. As set forth in section Due to the need for immediate action Estimated Number of Responses per 1439.801, benefits are only available for and necessity in providing payments for Respondent: 1. losses that occurred between October 1, Estimated Total Annual Burden on losses expeditiously, CCC has 1996, and June 12, 1997, and those Respondents: 120,000 hours. determined that, pursuant to section 808 losses were the result of natural Proposed topics for comment include: disasters that occurred between October of the Small Business Regulatory (a) whether the collection of information Enforcement Fairness Act of 1996, it is 1, 1996, and June 12, 1997, for which a is necessary for the proper performance Presidential or Secretarial disaster was impracticable, unnecessary and contrary of the functions of the agency, including to the public interest to require this rule requested by June 12, 1997, and whether the information will have subsequently approved. Only those to conform to the requirements of practical utility; (b) the accuracy of the section 801 of that Act. Accordingly this livestock losses where the death of the agency’s estimate of burden including rule is effective upon publication. livestock was reasonably related to the the validity of the methodology and disaster which prompted the disaster Paperwork Reduction Act assumptions used; (c) ways to enhance declaration qualify for benefits under In accordance with the Paperwork the quality, utility and clarity of the this subpart. Due to the fact that losses Reduction Act of 1995, CCC will submit information collected; or (d) ways to will have already occurred and ex post an emergency information collection minimize the burden of the collection of facto verification of the loss is in some request (ICR) to OMB for the approval the information on those who are to instances impossible, the CCC will use of the Livestock Indemnity Program respond, including through the use of any available information to reports as necessary for the proper appropriate automated, electronic, substantiate the loss and require the functioning of the program. mechanical, or other technological producer to certify the accuracy of the Title: Livestock Indemnity Program. collection techniques or other forms of information provided. As with any OMB Control Number: 0560–0029. information technology. Comments government program under which Type of Request: Addendum to an should be sent to the Desk Officer for individuals seek compensation from the existing Information Collection Package. Agriculture, Office of Information and government, false certification carries Abstract: Persons who suffered Regulatory Affairs, Office of strict penalties, and the Department will livestock or poultry losses according to Management and Budget, Washington, spot-check and validate applications. this subpart, are required to provide D.C. 20503 and to Diane Sharp, Director, The CCC through the Farm Service information regarding their livestock Compliance and Production Adjustment Agency is charged with carrying out and poultry operation, losses that Division, Farm Service Agency, United government programs in a responsible occurred, and disposition of those States Department of Agriculture, Stop manner and therefore, after applications losses. Documents to support their 0517, 1400 Independence Ave. S.W., have been filed, the county committee reported interest in the animals may be Washington, D.C. 20013–2415. will issue a decision on the applications required such as receipts for purchase of Telephone (202) 720–7641. taking into consideration all of the the livestock or poultry, feed receipts, information available to them. loan documents, or any information that Executive Order 12612 Losses to livestock have been may verify their livestock or poultry It has been determined that this rule extremely large and the amount that possessions prior to the reported loss. does not have sufficient Federalism Congress has appropriated is not Evidence to support the number of implications to warrant the preparation sufficient to compensate all eligible losses may be required such as of a Federalism Assessment. The producers for 100 percent of the market rendering receipts, National Guard or provisions contained in this rule will value of the loss. Animal categories and FEMA receipts, or any other evidence not have a substantial direct effect on market values for the disaster period that may be available to support the States or their political subdivisions, or will be used in the calculation of claim. Also, information regarding the on the distribution of power and national payment rates. Normal qualifying gross revenues is required for responsibilities among the various mortality rates were considered for each determining whether the $2,500,000 levels of government. animal category. If the producer’s loss is threshold for gross income limitation is in excess of the normal mortality rates Background met. The information collection will be for the animal category, as established used by the CCC to approve or This interim rule sets forth the terms by CCC, the benefits will be paid at the determine the eligibility and amount of and conditions under which livestock national rate established by CCC for assistance in accordance with this producers who suffered a loss as a result those animal losses in excess of the subpart. The CCC considers the of a natural disaster may apply for normal mortality rate. If the total information collected to be essential to benefits to compensate for this loss. calculated payments exceed the funding prudent eligibility and assistance Congress has mandated the Secretary made available under this program, a determinations. Failure to make sound through the CCC to make available up uniform national percentage will be decisions in providing livestock to $50 million received from the applied so the total outlays will not indemnity program payments would proceeds of the sale of grain held in the exceed the amount of funds made result in large losses to both the disaster reserve established by the available under this program. livestock and poultry owners and the Agricultural Act of 1970, to implement Eligible livestock includes beef and Government, and weaken the a livestock indemnity program. This dairy cattle, sheep, goats, swine, agricultural economy in the affected interim final rule is being added as a poultry, (including egg-producing areas. new subpart to part 1439, and poultry), equine animals used for food Estimate of Burden: Public reporting specifically indicates how this subpart or in the production of food and beefalo burden for this collection of information will incorporate terms and conditions and buffalo when maintained on the is estimated to average 2 hours per already in this part. same basis as beef cattle. response. Producers who seeks benefits under Livestock indemnity benefits will not Respondents: Livestock and Poultry this subpart must file an application for be paid to persons with annual gross Producers. benefits during the sign-up period as receipts exceeding $2.5 million. Annual 33984 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations gross receipts is defined as the person’s Accordingly, 7 CFR part 1439 is 1439.16, and 1439.21 through 1439.24, gross receipts from farming and amended as follows: are not applicable to this subpart. ranching if the person receives more (c) The provisions of § 1439.17 (a) that 50 percent of gross receipts from PART 1439ÐEMERGENCY LIVESTOCK through (e) and (h) shall apply to this farming or ranching, or the total gross ASSISTANCE subpart and § 1439.17 (f) and (g) shall receipts from all sources if the total not apply to this subpart. 1. Part 1439 is amended by adding gross receipts are less that 50 percent (d) The provisions of § 1439.3 shall Subpart—Livestock Indemnity Program from farming or ranching. Under this apply as set forth in § 1439.803 of this (§§ 1439.800 through 1439.810) to read program, a maximum $50,000 payment subpart. as follows: limitation applies for each person as (e) Where extreme circumstances defined in part 1400 of this chapter. SubpartÐLivestock Indemnity Program precluded the compliance with § 1439.804 due to circumstances beyond List of Subjects Sec. 1439.800 [Reserved]. the applicant’s control, the county or 7 CFR Part 1414 1439.801 Applicability. State committee may request that relief 1439.802 Administration. be granted by the Deputy Administrator Cotton, Feed grains, Price support 1439.803 Definitions. under this section. Except for statutory programs, Reporting and recordkeeping 1439.804 Sign-up period. deadlines, the Deputy Administrator requirements, Rice, Soil conservation, 1439.805 Proof of loss. may waive or modify deadlines, and Water resources, Wheat. 1439.806 Indemnity benefits. other program requirements in cases 1439.807 Availability of funds. where lateness or failure to meet such 7 CFR Part 1415 1439.808 Misrepresentation, scheme or other requirements does not adversely Administrative practice and device. affect operation of the program and procedure, Feed grains, Loan programs- 1439.809 Limitation on payments and where the applicant shows agriculture, price support programs, income. circumstances precluded their Reporting and recordkeeping 1439.810 Refunds to CCC; joint and several liability. compliance with the deadlines. requirements, Soil conservation, Wheat. Authority: Pub. L. 105–18, 111 stat. 158. 7 CFR Part 1416 § 1439.803 Definitions. SubpartÐLivestock Indemnity The definitions set forth in this Administrative practice and Program section shall be applicable for all procedure, Feed grains, Loan programs- purposes of administering the Livestock agriculture, Price support programs, § 1439.800 [Reserved] Indemnity Program of this subpart. The Reporting and recordkeeping § 1439.801 Applicability. terms defined in section 1439.3 of this requirements, Soil conservation, Wheat. title shall also be applicable, except 7 CFR Part 1434 This subpart sets forth the terms and where those definitions conflict with conditions of the Livestock Indemnity the definitions set forth in this subpart. Honey, Loan programs-agriculture, Program. Benefits shall be provided to The following terms shall have the Price support programs, Reporting and eligible livestock producers only in following meanings: recordkeeping requirements, areas where a disaster occurred between Deputy Administrator means the Warehouses. October 1, 1996, and June 12, 1997 Deputy Administrator for Farm 7 CFR Part 1437 (inclusive), for which a Presidential Programs, Farm Service Agency (FSA), Designation or Secretarial Declaration or a designee. Agricultural commodities, Crop was requested for the disaster by June Eligible livestock means beef and insurance, Disaster assistance, Fraud, 12, 1997, and subsequently approved. dairy cattle, sheep, goats, swine, poultry Penalties, Reporting and recordkeeping Producers in counties that were not (including egg-producing poultry), requirements. designated, but rather were contiguous equine animals used for food or in the 7 CFR Part 1439 to declared States and counties, are not production of food and buffalo and eligible for benefits under this subpart. beefalo when maintained on the same Animal feeds, Disaster assistance, Benefits will be provided with respect Grant programs-agriculture, Livestock, basis as beef cattle. to eligible livestock where the death Livestock producer means one who Reporting and recordkeeping occurred in the disaster areas between possesses a beneficial interest in eligible requirements. October 1, 1996, and June 12, 1997 livestock as defined in this subpart, 7 CFR Part 1468 (inclusive), and where the death of the have a financial risk in the eligible Mohair, Price support programs, livestock was reasonably related to the livestock; and is a citizen of, or legal Reporting and recordkeeping disaster which prompted the disaster resident alien in, the United States. A requirements, Wool. declaration as determined by the Deputy farm cooperative, private domestic Administrator or a designee. No corporation, partnership, or joint 7 CFR Part 1477 payments will be made under this operation in which a majority interest is Agricultural commodities, Disaster subpart unless the livestock losses were held by members, stockholders, or assistance, Fraud, Grant programs- caused by the declared disaster and the partners who are citizens of, or legal agriculture, Reporting and disaster occurred between October 1, resident aliens in, the United States, if recordkeeping requirements. 1996, and June 12, 1997 (inclusive). such cooperative, corporation, partnership, or joint operation owns or § 1439.802 Administration. 7 CFR Part 1479 jointly owns eligible livestock or poultry Agricultural commodities, Disaster (a) The provisions of §§ 1439.2, will be considered livestock producers. assistance, Grant programs-agriculture. 1439.12 , 1439.14, 1439.15 and 1439.18 Any Indian tribe (as defined in section through 1439.20 are applicable to this 4(b) of the Indian Self-Determination 7 CFR Part 1489 subpart. and Education Assistance Act and Exports, Loan porgrams-agriculture, (b) The provisions of §§ 1439.1, Education Assistance Act); any Indian Price support programs, Tobacco. 1439.4 through 1439.11, 1439.13, organization or entity chartered under Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations 33985 the Indian Reorganization Act or (c) In all circumstances, livestock national percentage. Such payment chartered under the Indian producers shall certify the accuracy of reductions shall be applied after the Reorganization Act; any tribal the information provided. As provided imposition of applicable payment organization under the Indian Self- by various statutes, providing a false limitation provisions. Determination and Education certification to the government is Assistance Act; and any economic punishable by imprisonment, fines and § 1439.808 Misrepresentation, scheme or device. enterprise under the Indian Financing other penalties. All information Act of 1974 will be considered livestock provided is subject to verification and No benefits under this subpart will be producers. spot checks by the CCC. made to a person who is determined by the State committee or the county § 1439.804 Sign-up period. § 1439.806 Indemnity Benefits. committee to have: (a) A request for benefits under this (a) Livestock indemnity payments for (a) Adopted any scheme or other subpart must be submitted to the losses of eligible livestock as device which tends to defeat the Commodity Credit Corporation (CCC) at determined by CCC are authorized to be purpose of this program; the Farm Service Agency county office made to livestock producers who file an (b) Made any fraudulent serving the county where the loss Application for Livestock Indemnity representation; or occurred. All requests for benefits and Program, Form CCC–661, for the (c) Misrepresented any fact affecting a supporting documentation must be filed specific livestock category in program determination. in the county office by July 25, 1997, or accordance with instructions issued by such other date as established by CCC. the Deputy Administrator, if the: § 1439.809 Limitations on payments and (b) Data furnished by the applicants (1) Livestock producer submits an income. will be used to determine eligibility for approved proof of loss according to (a) No person, as determined in program benefits. Furnishing the data is § 1439.805; and accordance with part 1400 of this voluntary; however, without it program (2) County or State committee chapter may receive benefits under this benefits will not be provided. determines that because of an eligible subpart in excess of $50,000. Any other disaster condition the livestock § 1439.805 Proof of loss. benefits obtained under this part will producer had a loss in the specific not be included in the calculation of the (a) Livestock producers must, in livestock category in excess of the $50,000 for the application of this accordance with instructions issued by normal mortality rate established by subpart. the Deputy Administrator, provide CCC, based on the number of animals in (b) No person, as defined in Part 1400 adequate proof that the loss of eligible the livestock category that were in the of this chapter, as applicable, with livestock occurred in the area of producer’s inventory at the time of the annual gross receipts in excess of $2.5 Presidential designation or Secretarial disaster. million for the preceding tax year will declaration and that the death of the (b) If the number of losses in the be eligible for benefits under this eligible livestock was reasonably related animal category exceeds the normal subpart. For the purpose of this to the recognized natural disaster. The mortality rate established by CCC for determination, annual gross receipts documentary evidence of the loss, such category, the loss of eligible means with respect to a person who quantity of the loss and type of eligible livestock that shall be used in making a receives more than 50 percent of such livestock claimed for payment shall be payment shall be the number of animal person’s gross income from farming and reported to CCC together with any losses in the animal category that ranching, the total gross receipts supporting documentation under exceed the normal mortality threshold received from such operations; and with paragraph (b) of this section. established by CCC. (b) The livestock producer shall respect to a person who receives 50 (c) Payments shall be made in an percent or less of such person’s gross provide any available supporting amount determined by multiplying: the documents that will assist the county receipts from farming and ranching, the national payment rate for the livestock total gross receipts from all sources. committee in verifying the loss and the category as determined by CCC by the quantity of eligible livestock that amount specified in (b) of this section. § 1439.810 Refunds to CCC; joint and perished in the natural disaster. Adjustments shall apply in accordance several liability. Examples of the supporting with § 1439.807. (a) Section 1439.17 (a) through (e) documentation include, but are not (d) Payments which are earned by a shall apply to this subpart. limited to: purchase records, person under the livestock indemnity (b) Persons who are a party to the veterinarian receipts, bank loan papers, program may be assigned in accordance livestock indemnity program rendering truck certificates, Federal with the provisions of 7 CFR part 1404. application must refund to CCC any Emergency Management Agency and excess payments made by CCC with National Guard records, auction barn § 1439.807 Availability of funds. respect to such application. receipts, and any other documents (a) A uniform percentage of the (c) In the event that a benefit under available to confirm the presence of the estimated calculated payment amount, this subpart was established as the livestock and the subsequent losses. as determined by the Deputy result of erroneous information Certifications of third parties or the Administrator, may be made prior to provided by any person, the benefit producer and other such documentation establishing the total amount of claims must be repaid with any applicable as the county committee determines to submitted under this subpart and interest. be necessary in order to verify the determining whether a national information provided by the producer percentage reduction is necessary to PARTS 1414, 1415, 1416, 1434, 1437, may be submitted, subject to review and remain within the appropriation under 1468, 1477, 1479, AND 1489Ð approval by the county committee. this subpart. [REMOVED] Failure to provide documentation that is (b) In the event that the total amount satisfactory to the county committee of claims submitted under this subpart 2. Parts 1414, 1415, 1416, 1434, 1437, will result in disapproval of the exceeds the appropriation, each 1468, 1477, 1479, and 1489 are application by the county committee. payment shall be reduced by a uniform removed. 33986 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations

Signed at Washington, DC, on June 19, The Rule Issued in Jamaica, New York on June 10, 1997. 1997. This amendment to Part 71 of the Bruce R. Weber, James K. Buckles, Federal Aviation Regulations (14 CFR Acting Executive Vice President, Commodity Part 71) establishes Class E airspace area Acting Manager, Air Traffic Division, Eastern Credit Corporation. Region. at Sayre, PA, to accommodate a GPS [FR Doc. 97–16578 Filed 6–20–97; 12:52 pm] SIAP Point In Space Approach and for [FR Doc. 97–16469 Filed 6–23–97; 8:45 am] BILLING CODE 3410±05±P IFR operations to Robert Parker Hospital BILLING CODE 4910±13±M Heliport. The FAA has determined that this DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION regulation only involves an established body of technical regulations for which Federal Aviation Administration Federal Aviation Administration frequent and routine amendments are 14 CFR Part 71 necessary to keep them operationally 14 CFR Part 71 current. Therefore, this regulation—(1) [Airspace Docket No. 97±AEA±020] is not a ‘‘significant regulatory action’’ [Airspace Docket No. 97±AEA±021] under Executive order 12866; (2) is not Establishment of Class E Airspace; Establishment of Class E Airspace; Sayre, PA a ‘‘significant rule’’ under DOT Regulatory Policies and Procedures (44 Centerville, MD AGENCY: Federal Aviation FR 11034; February 26, 1979); and (3) AGENCY: Federal Aviation Administration (FAA), DOT. does not warrant preparation of a Administration (FAA) DOT. regulatory evaluation as the anticipated ACTION: Final rule. ACTION: Action rule. impact is so minimal. Since this is a SUMMARY: This action establishes Class routine matter that will only affect air SUMMARY: This action establishes Class E airspace at Sayre, PA, to accommodate traffic procedures and air navigation it E airspace at Centerville, MD, to a Standard Instrument Approach is certified that this rule will not have accommodate a Standard Instrument Procedure (SIAP), Helicopter Point In significant economic impact on a Approach Procedure (SIAP), Helicopter Space Approach based on the Global substantial number of small entities Point In Space Approach based on the Positioning System (GPS), serving the under the criteria of the Regulatory Global Positioning System (GPS), Robert Parker Hospital Heliport. The Flexibility Act. serving the Maryland State Police intended effect of this action is to Trooper 6 Heliport. The intended effect provide adequate controlled airspace for List of Subjects in 14 CFR Part 71 of this action is to provide adequate instrument flight rules (IFR) operations Airspace, Incorporation by reference, controlled airspace for instrument flight to the heliport. Navigation (air). rules (IFR) operations to the heliport. EFFECTIVE DATE: 0901 UTC, September EFFECTIVE DATE: 11, 1997. Adoption of the Amendment 0901 UTC, September 11, 1997. FOR FURTHER INFORMATION CONTACT: In consideration of the foregoing, The Mr. Frances Jordan, Airspace Specialist, Federal Aviation Administration FOR FURTHER INFORMATION CONTACT: Operations Branch, AEA–530, Air amends 14 CFR Part 71 as follows: Mr. Frances Jordan, Airspace Specialist, Traffic Division, Eastern Region, Federal Operations Branch, AEA–530, Air Aviation Administration, Federal PART 71Ð[AMENDED] Traffic Division, Eastern Region, Federal Building #111, John F. Kennedy Aviation Administration, Federal 1. The authority citation for 14 CFR Building #111, John F. Kennedy International Airport, Jamaica, New Part 71 continues to read as follows: York 11430, telephone: (718) 553–4521. International Airport, Jamaica, New Authority: 49 U.S.C. 106(g), 40103, 40113, York 11430, telephone: (718) 553–4521. SUPPLEMENTARY INFORMATION: 40120; EO 10854, 24 FR 9565, 3 CFR 1959– SUPPLEMENTARY INFORMATION: History 1963 Comp., p. 389; 14 CFR 11.69. History On April 30, 1997, the FAA proposed § 71.1 [Amended] to amend Part 71 of the Federal Aviation 2. The incorporation by reference in On April 30, 1997, the FAA proposed Regulations (14 CFR Part 71) by 14 CFR 71.1 of Federal Aviation to amend part 71 of the Federal Aviation establishing Class E airspace at Sayre, Administration Order 7400.9D, Airspace Regulations (14 CFR part 71) by PA (62 FR 23404). This action would Designations and Reporting Points, establishing Class E airspace at provide adequate Class E airspace for dated September 4, 1996, and effective Centerville, MD (62 FR 23407). This IFR operations to Robert Parker Hospital September 16, 1996, is amended as action would provide adequate Class E Heliport. follows: airspace for IFR operations to Heliport. Interested parties were invited to Interested parties were invited to Paragraph 6005 Class E airspace areas participate in this rulemaking participate in this rulemaking extending upward from 700 feet or more proceeding by submitting written above the surface of the earth. proceeding by submitting written comments on the proposal to the FAA. comments on the proposal to the FAA. * * * * * No comments objecting to the proposal No comments objecting to the proposal were received. AEA PA E5 Sayre, PA [New] were received. Class E airspace areas designations are Robert Parker Hospital Heliport, PA Class E airspace areas designations are published in paragraph 6005 of FAA Point In Space Coordinates published in paragraph 6005 of FAA Order 7400.9D, dated September 4, (Lat. 41°59′15′′N., 76°31′52′′W.] Order 7400.9D, dated September 4, 1996, and effective September 16, 1996, That airspace extending upward from 700 1996, and effective September 16, 1996, which is incorporated by reference in 14 feet above the surface within a 6-mile radius which is incorporated by reference in 14 CFR 71.1. The Class E airspace of the Point In Space serving Robert Parker CFR 71.1. The Class E airspace designation listed in this document will Hospital Heliport. designation listed in this document will be published subsequently in the Order. * * * * * be published subsequently in the Order. Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations 33987

The Rule Issued in Jamaica, New York on June 10, The Rule 1997. This amendment to part 71 of the This amendment to part 71 of the James K. Buckles, Federal Aviation Regulations (14 CFR Federal Aviation Regulations (14 CFR part 71) establishes Class E airspace area Acting Manager, Air Traffic Division, Eastern part 71) establishes Class E airspace area Region. at Centerville, MD, to accommodate a at Fort McHenry, MD, to accommodate GPS SIAP Point In Space Approach and [FR Doc. 97–16467 Filed 6–23–97; 8:45 am] a GPS SIAP Point In Space Approach for IFR operations to the Maryland State BILLING CODE 4910±13±M and for IFR operations to the Maryland Police Trooper 6 Heliport. State Police Heliport. The FAA has determined that this The FAA has determined that this DEPARTMENT OF TRANSPORTATION regulation only involves an established regulation only involves an established body of technical regulations for which body of technical regulations for which Federal Aviation Administration frequent and routine amendments are frequent and routine amendments are necessary to keep them operationally 14 CFR Part 71 necessary to keep them operationally current. Therefore, this regulation—(1) current. Therefore, this regulation—(1) is not a ‘‘significant regulatory action’’ [Airspace Docket No. 97±AEA±022] is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not under Executive Order 12866; (2) is not Establishment of Class E Airspace; a ‘‘significant rule’’ under DOT a ‘‘significant rule’’ under DOT Fort McHenry, MD Regulatory Policies and Procedures (44 Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) FR 11034; February 26, 1979); and (3) AGENCY: Federal Aviation does not warrant preparation of a does not warrant preparation of a Administration (FAA) DOT. regulatory evaluation as the anticipated regulatory evaluation as the anticipated ACTION: Final rule. impact is so minimal. Since this a impact is so minimal. Since this is a routine matter that will only affect air routine matter that will only affect air SUMMARY: This action establishes Class traffic procedures and air navigation it traffic procedures and air navigation it E airspace at Fort McHenry, MD, to is certified that this rule will not have is certified that this rule will not have accommodate a Standard Instrument significant economic impact on a significant economic impact on a Approach Procedure (SIAP), Helicopter substantial number of small entities substantial number of small entities Point In Space Approach based on the under the criteria of the Regulatory under the criteria of the Regulatory Global Positioning System (GPS), Flexibility Act. Flexibility Act. serving the Maryland State Police List of Subjects in 14 CFR Part 71 Heliport. The intended effect of this List of Subjects in 14 CFR Part 71 action is to provide adequate controlled Airspace, Incorporation by reference, Airspace, Incorporation by reference, airspace for instrument flight rules (IFR) Navigation (air). Navigation (air). operations to the heliport. Adoption of the Amendment Adoption of the Amendment EFFECTIVE DATE: 0901 UTC, September 11, 1997. In consideration of the foregoing, The In consideration of the foregoing, The FOR FURTHER INFORMATION CONTACT: Federal Aviation Administration Federal Aviation Administration amends 14 CFR part 71 as follows: amends 14 CFR Part 71 as follows: Mr. Frances Jordan, Airspace Specialist, Operations Branch, AEA–530, Air PART 71Ð[AMENDED] PART 71Ð[AMENDED] Traffic Division, Eastern Region, Federal Aviation Administration, Federal 1. The authority citation for 14 CFR 1. The authority citation for 14 CFR Building # 111, John F. Kennedy Part 71 continues to read as follows: Part 71 continues to read as follows: International Airport, Jamaica, New Authority: 49 U.S.C. 106(g), 40103, 40113, Authority: 49 U.S.C. 106(g), 40103, 40113, York 11430, telephone: (718) 553–4521. 40120; EO 10854, 24 FR 9565, 3 CFR, 1959– 40120; EO 10854, 24 FR 9565, 3 CFR 1959– 1963 Comp., p. 389; 14 CFR 11.69. 1963 Comp., p. 389; 14 CFR 11.69. SUPPLEMENTARY INFORMATION: § 71.1 [Amended] § 71.1 [Amended] History 2. The incorporation by reference in On April 30, 1997, the FAA proposed 2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation to amend part 71 of the Federal Aviation 14 CFR 71.1 of Federal Aviation Administration Order 7400.9D, Airspace Regulations (14 CFR part 71) by Administration Order 7400.9D, Airspace Designations and Reporting Points, establishing Class E airspace at Fort Designations and Reporting Points, dated September 4, 1996, and effective McHenry, MD (62 FR 23406). This dated September 4, 1996, and effective September 16, 1996, is amended as action would provide adequate Class E September 16, 1996, is amended as follows: follows: airspace for IFR operations to Heliport. Interested parties were invited to Paragraph 6005 Class E airspace areas Paragraph 6005 Class E airspace areas participate in this rulemaking extending upward from 700 feet or more extending upward from 700 feet or more above the surface of the earth. above the surface of the earth. proceeding by submitting written comments on the proposal to the FAA. * * * * * * * * * * No comments objecting to the proposal AEA MD E5 Fort McHenry, MD [New] Maryland State Police Heliport, MD AEA MD E5 Centerville, MD [New] were received. Point In Space Coordinates Maryland State Police Trooper 6 Heliport, Class E airspace areas designations are (Lat. 39°15′16′′ N., long. 76°34′06′′ W.) MD Point In Space Coordinates published in paragraph 6005 of FAA ° ′ ′′ ° ′ ′′ That airspace extending upward from 700 (Lat 39 01 21 N., long. 76 00 34 W.) Order 7400.9D, dated September 4, feet above the surface within a 6-mile radius That airspace extending upward from 700 1996, and effective September 16, 1996, of the Point In Space serving the Maryland feet above the surface within a 6-mile radius which is incorporated by reference in 14 State Police Heliport excluding that portion of the Point In Space serving Maryland State CFR 71.1. The Class E airspace that coincides with the Baltimore, MD Class Police Trooper 6 Heliport. designation listed in this document will E airspace area. * * * * * be published subsequently in the Order. * * * * * 33988 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations

Issued in Jamaica, New York on June 10, Interested parties were invited to § 71.1 [Amended] 1997. participate in this rulemaking 2. The incorporation by reference in James K. Buckles, proceeding by submitting written 14 CFR 71.1 of Federal Aviation Acting Manager, Air Traffic Division, Eastern comments on the proposal to the FAA. Administration Order 7400.9D, Airspace Region. No negative comments to the proposal Designations and Reporting Points, [FR Doc. 97–16466 Filed 6–23–97; 8:45 am] were received, thus the rule is adopted dated September 4, 1996, and effective BILLING CODE 4910±13±M as written. September 16, 1996, is amended as The coordinates for this airspace follows: docket are based on North American * * * * * DEPARTMENT OF TRANSPORTATION Datum 83. The Class E airspace areas designated as 700/1200 foot transition Paragraph 6005 Class E airspace extending Federal Aviation Administration areas are published in paragraph 6005 of upward from 700 feet or more above the FAA Order 7400.9D, Airspace surface of the earth. 14 CFR Part 71 Designations and Reporting Points, * * * * * [Airspace Docket No. 97±AAL±4] dated September 4, 1996, and effective AAL AK E5 Kodiak, AK [Revised] September 16, 1996. Paragraph 6005 is Kodiak Airport, AK Revision of Class E Airspace; Kodiak, incorporated by reference in 14 CFR (Lat. 57° 45′ 00′′ N, long. 152° 29′ 38′′ W) AK 71.1 (61 FR 48403; September 13, 1996). Kodiak VORTAC The Class E airspace designation listed (Lat. 57° 46′ 30′′ N, long. 152° 20′ 23′′ W) AGENCY: Federal Aviation in this document will be published That airspace extending upward from 700 Administration (FAA), DOT. subsequently in the Order. feet above the surface within a 6.8-mile ACTION: Final rule. radius of the Kodiak Airport and within 5 The Rule miles south and 9 miles north of the 070° SUMMARY: This action revises Class E This amendment to part 71 of the radial of the Kodiak VORTAC extending to airspace at Kodiak Airport, AK. The Federal Aviation Regulations (14 CFR 17 miles northeast of the VORTAC and creation of the CHINI fix on the front part 71) revises Class E airspace located within 8 miles north and 4 miles south of the course of the localizer to runway (RWY) at Kodiak, AK, to provide controlled Kodiak Localizer front course extending from 25 at Kodiak, AK, has made this action airspace extending upward from 700 the airport to 20.3 miles east of the airport and within 14 miles of the Kodiak VORTAC necessary. Holding is established at feet AGL for aircraft executing extending from the 358° radial clockwise to CHINI from 1,600 feet MSL through instrument holding procedures at the 107° radial; and that airspace extending 6,000 feet MSL. The protected airspace Kodiak, AK. upward from 1,200 feet above the surface needed for the CHINI holding pattern at The Federal Aviation Administration within 27 miles of the Kodiak VORTAC these altitudes will extend beyond the has determined that this regulation only extending clockwise from the 023° radial to currently established Class E airspace. involves an established body of the 088° radial and within 8 miles north and The intended effect of this action is to technical regulations for which frequent 5 miles south of the Kodiak Localizer front provide adequate controlled airspace for and routine amendments are necessary course extending from the airport to 32 miles east of the airport. Instrument Flight Rules (IFR) operations to keep them operationally current. It, at Kodiak Airport, AK. therefore—(1) is not a ‘‘significant * * * * * Issued in Anchorage, AK, on June 13, 1997. EFFECTIVE DATES: regulatory action’’ under Executive 0901 UTC, September Willis C. Nelson, 11, 1997. Order 12866; (2) is not a ‘‘significant rule’’ under DOT Regulatory Policies Manager, Air Traffic Division, Alaskan FOR FURTHER INFORMATION CONTACT: and Procedures (44 FR 11034; February Region. Robert van Haastert, System 26, 1979); and (3) does not warrant [FR Doc. 97–16464 Filed 6–23–97; 8:45 am] Management Branch, AAL–538, Federal preparation of a regulatory evaluation as BILLING CODE 4910±13±P Aviation Administration, 222 West 7th the anticipated impact is so minimal. Avenue, Box 14, Anchorage, AK 99513– Since this is a routine matter that will 7587; telephone number: (907) 271– only affect air traffic procedures and air DEPARTMENT OF TRANSPORTATION 5863; email: navigation, it is certified that this rule [email protected]. Federal Aviation Administration will not have a significant economic Internet: www.alaska.faa.gov/at or impact on a substantial number of small www.mmac.jccbi.gov/aal/at. 14 CFR Part 71 entities under the criteria of the SUPPLEMENTARY INFORMATION: Regulatory Flexibility Act. [Airspace Docket No. 97±ASO±4] History List of Subjects in 14 CFR Part 71 Amendment to Class E Airspace; On May 9, 1997, a proposal to amend Airspace, Incorporation by reference, Macon, GA part 71 of the Federal Aviation Navigation (air). AGENCY: Federal Aviation Regulations (14 CFR part 71) to revise Adoption of the Amendment Administration (FAA), DOT. the Class E airspace at Kodiak was ACTION: Final rule. published in the Federal Register (62 In consideration of the foregoing, the FR 25568). The creation of the CHINI fix Federal Aviation Administration SUMMARY: This amendment modifies the on the front course of the localizer to amends 14 CFR part 71 as follows: Class E airspace area at Macon, GA. runway (RWY) 25 at Kodiak, AK, has Several Standard Instrument Approach PART 71Ð[AMENDED] made this action necessary. Holding is Procedures (SIAPs) for Middle Georgia established at CHINI from 1,600 feet 1. The authority citation for 14 CFR Regional Airport and Perry-Houston MSL through 6,000 feet MSL. The Part 71 continues to read as follows: County Airport have been amended. As protected airspace needed for the CHINI Authority: 49 U.S.C. 40103, 40113, 40120; a result additional controlled airspace holding pattern at these altitudes will E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963 extending upward from 700 feet above extend beyond the currently established Comp., p. 389; 49 U.S.C. 106(g); 14 CFR ground level (AGL) is needed to Class E airspace. 11.69. accommodate these SIAPs and for Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations 33989

Instrument Flight Rules (IFR) operations a significant economic impact on a Issued in College Park, Georgia, on June 12, at the airports. substantial number of small entities 1997. EFFECTIVE DATE: 0901 UTC, September under the criteria of the Regulatory Wade T. Carpenter, 11, 1997. Flexibility Act. Acting Manager, Air Traffic Division, Southern Region. FOR FURTHER INFORMATION CONTACT: List of Subjects in 14 CFR Part 71 Wade Carpenter, Airspace Branch, Air [FR Doc. 97–16461 Filed 6–23–97; 8:45 am] Traffic Division, Federal Aviation Airspace, Incorporation by reference, BILLING CODE 4910±13±M Administration, P.O. Box 20636, Navigation (air). Atlanta, Georgia 30320; telephone (404) 305–5581. Adoption of the Amendment DEPARTMENT OF TRANSPORTATION SUPPLEMENTARY INFORMATION: In consideration of the foregoing, the Federal Aviation Administration Federal Aviation Administration History amends 14 CFR Part 71 as follows: 14 CFR Part 71 On April 14, 1997, the FAA proposed [Airspace Docket No. 97±AEA±023] to amend Part 71 of the Federal Aviation PART 71Ð[AMENDED] Regulations (14 CFR Part 71) by Establishment of Class E Airspace; modifying Class E airspace at Macon, 1. The authority citation for 14 CFR University of Maryland, Baltimore, MD GA (62 FR 18068). This action would part 71 continues to read as follows: provide adequate Class E airspace for AGENCY: Federal Aviation Authority: 49 U.S.C. 106(g); 40103, 40113, Administration (FAA), DOT. IFR operations at the Middle Georgia 40120; EO 10854, 24 FR 9565, 3 CFR, 1959– Regional and Perry-Houston County 1963 Comp., p. 389; 14 CFR 11.69. ACTION: Final rule. Airports. SUMMARY: This action establishes Class Interested parties were invited to § 71.1 [Amended] E airspace at the University of participate in this rulemaking 2. The incorporation by reference in Maryland, Baltimore, MD, to proceeding by submitting written 14 CFR 71.1 of Federal Aviation accommodate a Standard Instrument comments on the proposal to the FAA. Administration Order 7400.9D, Airspace Approach Procedure (SIAP), Helicopter No comments objecting to the proposal Designations and Reporting Points, Point In Space Approach based on the were received. Designations for Class E dated September 4, 1996, and effective Global Positioning System (GPS), and airspace extending upward from 700 September 16, 1996, is amended as serving the Cowley Shock Trauma feet or more above the surface are follows: Center Heliport. The intended effect of published in Paragraph 6005 of FAA this action is to provide adequate Order 7400.9D dated September 4, 1996, Paragraph 6005 Class E airspace areas controlled airspace for instrument flight and effective September 16, 1996. The extending upward from 700 feet above the rules (IFR) operations to the heliport. Class E airspace designation listed in surface of the earth. this document will be published * * * * * EFFECTIVE DATE: 0901 UTC, September subsequently in the Order. 11, 1997. ASO GA E5 Macon, GA [Revised] FOR FURTHER INFORMATION CONTACT: Mr. The Rule Macon, Middle Georgia Regional Airport, GA Frances Jordan, Airspace Specialist, This amendment to Part 71 of the (Lat. 32°41′34′′ N, long. 83°3′857′′ W) Operations Branch, AEA–530, Air Federal Aviation Regulations (14 CFR Herbert Smart Downtown Airport Traffic Division, Eastern Region, Federal ° ′ ′′ ° ′ ′′ part 71) modifies Class E airspace at (Lat. 32 49 21 N, long. 83 33 44 W) Aviation Administration, Federal Robins AFB Building #111, John F. Kennedy Macon, GA. Several Standard ° ′ ′′ ° ′ ′′ Instrument Approach Procedures (Lat. 32 38 25 N, long. 83 35 31 W) International Airport, Jamaica, New (SIAPs) for Middle Georgia Regional Perry-Houston County Airport York 11430, telephone: (718) 553–4521. (Lat. 32°30′38′′ N, long. 83°46′02′′ W) Airport and Perry-Houston County Vienna VORTAC SUPPLEMENTARY INFORMATION: Airport have been amended. As a result ° ′ ′′ ° ′ ′′ (Lat. 32 12 48 N, long. 83 29 50 W) History additional controlled airspace extending Sofke NDB upward from 700 feet above ground (Lat. 32°38′43′′ N, long. 83°42′48′′ W) On April 30, 1997, the FAA proposed level (AGL) is needed to accommodate Bay Creek NDB to amend Part 71 of the Federal Aviation these SIAPs and for IFR operations at (Lat. 32°27′27′′ N, long. 83°45′57′′ W) Regulations (14 CFR Part 71) by the airports. That airspace extending upward from 700 establishing Class E airspace at the The FAA has determined that this feet above the surface within a 6.5-mile University of Maryland, Baltimore, MD regulation only involves an established radius of Herbert Smart Downtown Airport, (62 FR 23405). This action would body of technical regulations for which and within a 7-mile radius of Middle Georgia provide adequate Class E airspace for frequent and routine amendments are Regional Airport, and within 2.8 miles each IFR operations to Cowley Shock Trauma necessary to keep them operationally side of the 228° bearing from the Sofke NDB Center Heliport. current. It, therefore, (1) is not a extending from the 7-mile radius 4.4 miles Interested parties were invited to ‘‘significant regulatory action’’ under southwest of the NDB, and within a 7-mile participate in this rulemaking Executive Order 12866; (2) is not a radius of Robins AFB, and within a 6.5-mile proceeding by submitting written ‘‘significant rule’’ under DOT radius of Perry-Houston County Airport and comments on the proposal to the FAA. Regulatory Policies and Procedures (44 within 3.5 miles each side of the 178° bearing No comments objecting to the proposal FR 11034; February 26, 1979); and (3) from the Bay Creek NDB extending from the were received. does not warrant preparation of a 6.5-mile radius to 3.7 miles south of the NDB, Class E airspace areas designations are regulatory evaluation as the anticipated and within 2.5 miles each side of Vienna published in paragraph 6005 of FAA impact is so minimal. Since this is a VORTAC 321° radial extending from the 6.5- Order 7400.9D, dated September 4, routine matter that will only affect air mile radius to 14 miles northwest of the 1996, and effective September 16, 1996, traffic procedures and air navigation, it VORTAC. which is incorporated by reference in 14 is certified that this rule will not have * * * * * CFR 71.1. The Class E airspace 33990 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations designation listed in this document will That airspace extending upward from 700 1. FAA Public Inquiry Center (APA– be published subsequently in the Order. feet above the surface within a 6-mile radius 200), FAA Headquarters Building, 800 of the Point In Space serving the Cowley Independence Avenue, SW., The Rule Shock Trauma Center Heliport excluding that Washington, DC 20591; or portion that coincides with the Baltimore, This amendment to Part 71 of the MD Class E airspace area. 2. The FAA Regional Office of the Federal Aviation Regulations (14 CFR region in which the affected airport is Part 71) establishes Class E airspace area * * * * * located. Issued in Jamaica, New York, on June 10, By Subscription—Copies of all SIAPs, at University of Maryland, Baltimore, 1997. MD, to accommodate a GPS SIAP Point mailed once every 2 weeks, are for sale James K. Buckles, In Space Approach and for IFR by the Superintendent of Documents, operations to the Cowley Shock Trauma Acting Manager, Air Traffic Division, Eastern U.S. Government Printing Office, Region. Center Heliport. Washington, DC 20402. [FR Doc. 97–16459 Filed 6–23–97; 8:45 am] The FAA has determined that this FOR FURTHER INFORMATION CONTACT: regulation only involves an established BILLING CODE 4910±13±M Paul J. Best, Flight Procedures body of technical regulations for which Standards Branch (AFS–420), Technical frequent and routine amendments are DEPARTMENT OF TRANSPORTATION Programs Division, Flight Standards necessary to keep them operationally Service, Federal Aviation current. Therefore, this regulation—(1) Federal Aviation Administration Administration, 800 Independence is not a ‘‘significant regulatory action’’ Avenue, SW., Washington, DC 20591; under Executive Order 12866; (2) is not 14 CFR Part 97 telephone (202) 267–8277. a ‘‘significant rule’’ under DOT SUPPLEMENTARY INFORMATION: This [Docket No. 28943; Amdt. No. 1804] Regulatory Policies and Procedures (44 amendment to part 97 of the Federal FR 11034; February 26, 1979); and (3) RIN 2120±AA65 Aviation Regulations (14 CFR part 97) does not warrant preparation of a establishes, amends, suspends, or regulatory evaluation as the anticipated Standard Instrument Approach revokes Standard Instrument Approach impact is so minimal. Since this is a Procedures; Miscellaneous Procedures (SIAPs). The complete routine matter that will only affect air Amendments regulatory description on each SIAP is traffic procedures and air navigation it contained in the appropriate FAA Form AGENCY: is certified that this rule will not have Federal Aviation 8260 and the National Flight Data significant economic impact on a Administration (FAA), DOT. Center (FDC)/Permanent (P) Notices to substantial number of small entities ACTION: Final rule. Airmen (NOTAM) which are under the criteria of the Regulatory incorporated by reference in the SUMMARY: This amendment establishes, Flexibility Act. amendment under 5 U.S.C. 552(a), 1 amends, suspends, or revokes Standard CFR part 51, and § 97.20 of the Federal List of Subjects in 14 CFR Part 71 Instrument Approach Procedures Aviations Regulations (FAR). Materials (SIAPs) for operations at certain Airspace, Incorporation by reference, incorporated by reference are available airports. These regulatory actions are Navigation (air). for examination or purchase as stated needed because of changes occurring in above. Adoption of the Amendment the National Airspace System, such as The large numbers of SIAPs, their the commissioning of new navigational In consideration of the foregoing, The complex nature, and the need for a facilities, addition of new obstacles, or Federal Aviation Administration special format make their verbatim changes in air traffic requirements. amends 14 CFR Part 71 as follows: publication in the Federal Register These changes are designed to provide expensive and impractical. Further, PART 71Ð[AMENDED] safe and efficient use of the navigable airmen do not use the regulatory text of airpsace and to promote safe flight the SIAPs, but refer to their graphic 1. The authority citation for 14 CFR operations under instrument flight rules depiction of charts printed by Part 71 continues to read as follows: at the affected airports. publishers of aeronautical materials. Authority: 49 U.S.C. 106(g), 40103, 40113, DATES: An effective date for each SIAP Thus, the advantages of incorporation 40120; EO 10854, 24 FR 9565, 3 CFR, 1959– is specified in the amendatory 1963 Comp., p. 389; 14 CFR 11.69. by reference are realized and provisions. publication of the complete description § 71.1 [Amended] Incorporation by reference-approved of each SIAP contained in FAA forms by the Director of the Federal Register 2. The incorporation by reference in documents is unnecessary. The on December 31, 1980, and reapproved 14 CFR 71.1 of Federal Aviation provisions of this amendment state the as of January 1, 1982. Administration Order 7400.9D, Airspace affected CFR (and FAR) sections, with Designations and Reporting Points, ADDRESSES: Availability of matter the types and effective dates of the dated September 4, 1996, and effective incorporated by reference in the SIAPs. This amendment also identifies September 16, 1996, is amended as amendment is as follows: the airport, its location, the procedure follows: For Examination—1. FAA Rules identification and the amendment Docket, FAA Headquarters Building, number. Paragraph 6005 Class E airspace areas 800 Independence Avenue, SW., extending upward from 700 feet or more Washington, DC 20591; The Rule above the surface of the earth. 2. The FAA Regional Office of the This amendment to part 97 of the * * * * * region in which affected airport is Federal Aviation Regulations (14 CFR AEA MD E5 University of Maryland, located; or part 97) establishes, amends, suspends, Baltimore, MD [New] 3. The Flight Inspection Area Office or revokes SIAPs. For safety and Cowley Shock Trauma Center Heliport, MD which originated the SIAP. timeliness of change considerations, this Point In Space Coordinates For Purchase—Individual SIAP amendment incorporates only specific (Lat. 39°16′36′′ N., long. 76°39′25′′ W.) copies may be obtained from: changes contained in the content of the Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations 33991 following FDC/P NOTAM for each that good cause exists for making these Federal Aviation Regulations (14 CFR SIAP. The SIAP information in some SIAPs effective in less than 30 days. part 97) is amended by establishing, previously designated FDC/Temporary Conclusion amending, suspending, or revoking (FDC/T) NOTAMs is of such duration as Standard Instrument Approach to be permanent. With conversion to The FAA has determined that this Procedures, effective at 0901 UTC on FDC/P NOTAMs, the respective FDC/T regulation only involves an established the dates specified, as follows: NOTAMs have been cancelled. body of technical regulations for which The FDC/P NOTAMs for the SIAPs frequent and routine amendments are PART 97ÐSTANDARD INSTRUMENT contained in this amendment are based necessary to keep them operationally APPROACH PROCEDURES on the criteria contained in the U.S. current. It, therefore—(1) is not a Standard for Terminal Instrument ‘‘significant regulatory action’’ under 1. The authority citation for part 97 is Approach Procedures (TERPS). In Executive Order 12866; (2) is not a revised to read as follows: developing these chart changes to SIAPs ‘‘significant rule’’ under DOT by FDC/P NOTAMs, the TERPS criteria Regulatory Policies and Procedures (44 Authority: 49 U.S.C. 40103, 40113, 40120, were applied to only these specific FR 11034; February 26, 1979); and (3) 44701; 49 U.S.C. 106(g); and 14 CFR conditions existing at the affected does not warrant preparation of a 11.49(b)(2). regulatory evaluation as the anticipated airports. All SIAP amendments in this 2. Part 97 is amended to read as impact is so minimal. For the same rule have been previously issued by the follows: FAA in a National Flight Data Center reason, the FAA certifies that this (FDC) Notice to Airmen (NOTAM) as an amendment will not have a significant §§ 97.23, 97.25, 97.27, 97.29, 97.31, 97.33, emergency action of immediate flight economic impact on a substantial 97.35 [Amended] safety relating directly to published number of small entities under the aeronautical charts. The circumstances criteria of the Regulatory Flexibility Act. By amending: § 97.23 VOR, VOR/ which created the need for all these DME, VOR or TACAN, and VOR/DME List of Subjects in 14 CFR Part 97 SIAP amendments requires making or TACAN; § 97.25 LOC, LOC/DME, them effective in less than 30 days. Air traffic control, Airports, LDA, LDA/DME, SDF, SDF/DME; Further, the SIAPs contained in this Navigation (air). § 97.27 NDB, NDB/DME; § 97.29 ILS, amendment are based on the criteria Issued in Washington, DC on June 13, ILS/DME, ISMLS, MLS, MLS/DME, contained in the TERPS. Because of the 1997. MLS/RNAV; § 97.31 RADAR SIAPs; close and immediate relationship David E. Hanley, § 97.33 RNAV SIAPs; and § 97.35 between these SIAPs and safety in air Acting Director, Flight Standards Service. COPTER SIAPs, Identified as follows: commerce, I find that notice and public procedure before adopting these SIAPs Adoption of the Amendment ** * effective upon publication are impracticable and contrary to the Accordingly, pursuant to the public interest and, where applicable, authority delegated to me, part 97 of the

FDC date State City Airport FDC No. SIAP

05/16/97 ...... MI Detroit ...... Detroit Metropolitan Wayne County .. FDC 7/2856 ILS Rwy 3R, Amdt 12A... 05/28/97 ...... MI Detroit ...... Detroit Metropolitan Wayne County .. FDC 7/3165 VOR or GPS Rwy 21R, Amdt 1A... 05/29/97 ...... NC Greenville ...... Pitt-Greenville ...... FDC 7/3201 NDB Rwy 19, Amdt 14A... 05/29/97 ...... NC Greenville ...... Pitt-Greenville ...... FDC 7/3202 RNAV Rwy 25, Amdt 3... 05/30/97 ...... VI Christiansted ...... Henry E. Rohlsen ...... FDC 7/3238 ILS Rwy 9, Amdt 5... 05/30/97 ...... AK Galena ...... Edward G. Pitka Sr ...... FDC 7/3251 VOR or GPS Rwy 25, Amdt 9D... 05/30/97 ...... KS Chanute ...... Chanute Martin Johnson ...... FDC 7/3242 VOR/DME RNAV or GPS Rwy 36, Amdt 3A... 05/30/97 ...... KS Emporia ...... Emporia Muni ...... FDC 7/3243 VOR/DME RNAV or GPS Rwy 19, Amdt 7... 05/30/97 ...... KS Emporia ...... Emporia Muni ...... FDC 7/3244 VOR or GPS±A, Amdt 12... 05/30/97 ...... KS Parsons ...... Tri-City ...... FDC 7/3241 VOR/DME RNAV Rwy 35, Amdt 5A... 05/30/97 ...... TX Huntsville ...... Huntsville Muni ...... FDC 7/3246 NDB or GPS Rwy 18, Orig... 05/30/97 ...... TX Huntsville ...... Huntsville Muni ...... FDC 7/3249 VOR/DME or GPS±A, Amdt 5... 06/03/97 ...... AK Anchorage ...... Anchorage Intl ...... FDC 7/3341 NDB Rwy 6R, Amdt 6B... 06/03/97 ...... AZ Flagstaff ...... Flagstaff Pulliam ...... FDC 7/3317 ILS/DME Rwy 21 Orig... 06/03/97 ...... AZ Flagstaff ...... Flagstaff Pulliam ...... FDC 7/3314 VOR or GPS±A Amdt 3... 06/03/97 ...... AZ Flagstaff ...... Flagstaff Pulliam ...... FDC 7/3315 GPS Rwy 21 Orig... 06/03/97 ...... AZ Flagstaff ...... Flagstaff Pulliam ...... FDC 7/3316 VOR/DME Rwy 21 Orig... 06/03/97 ...... AZ Flagstaff ...... Flagstaff Pulliam ...... FDC 7/3321 NDB/DME Rwy 21 Amdt 1... 06/03/97 ...... KS Olathe ...... New Century Aircenter ...... FDC 7/3323 VOR or GPS±A, Amdt 4... 06/03/97 ...... KS Olathe ...... New Century Aircenter ...... FDC 7/3325 ILS Rwy 35, Amdt 4... 06/03/97 ...... KS Olathe ...... New Century Aircenter ...... FDC 7/3326 NDB or GPS Rwy 35, Amdt 4... 06/03/97 ...... MI Ann Arbor ...... Ann Arbor Muni ...... FDC 7/3329 RNAV Rwy 25, Amdt 6... 06/03/97 ...... MI Ann Arbor ...... Ann Arbor Muni ...... FDC 7/3330 VOR or GPS Rwy 6, Amdt 13... 06/03/97 ...... MI Ann Arbor ...... Ann Arbor Muni ...... FDC 7/3331 VOR or GPS Rwy 24, Amdt 13... 06/03/97 ...... NC Charlotte ...... Charlotte/Douglas Intl ...... FDC 7/3340 ILS Rwy 18L Amdt 3... 06/03/97 ...... NC Raleigh/Durham ...... Raleigh-Durham Intl ...... FDC 7/3336 ILS Rwy 5R Amdt 25A... 06/03/97 ...... NC Raleigh/Durham ...... Raleigh-Durham Intl ...... FDC 7/3337 ILS Rwy 5L Amdt 3B... 06/03/97 ...... NC Raleigh/Durham ...... Raleigh-Durham Intl ...... FDC 7/3338 ILS Rwy 23L Amdt 5C... 06/03/97 ...... NC Raleigh/Durham ...... Raleigh-Durham Intl ...... FDC 7/3339 ILS Rwy 23R Amdt 8A... 06/04/97 ...... WI Waukesha ...... Waukesha County ...... FDC 7/3379 VOR or GPS±A, Amdt 15... 33992 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations

FDC date State City Airport FDC No. SIAP

06/04/97 ...... IA Dubuque ...... Dubuque Regional ...... FDC 7/3383 ILS Rwy 31, Amdt 10B... 06/04/97 ...... IA Dubuque ...... Dubuque Regional ...... FDC 7/3385 VOR or GPS Rwy 13, Amdt 8B... 06/04/97 ...... IA Dubuque ...... Dubuque Regional ...... FDC 7/3386 VOR Rwy 31, Amdt 11A... 06/04/97 ...... IA Dubuque ...... Dubuque Regional ...... FDC 7/3387 VOR or GPS Rwy 36, Amdt 5B... 06/04/97 ...... IA Dubuque ...... Dubuque Regional ...... FDC 7/3388 NDB or GPS Rwy 31, Amdt 8A... 06/04/97 ...... MN Minneapolis ...... Crystal ...... FDC 7/3381 VOR or GPS±A, Amdt 9A... 06/04/97 ...... MN Minneapolis ...... Flying Cloud ...... FDC 7/3353 VOR or GPS Rwy 36, Amdt 11... 06/04/97 ...... MN Minneapolis ...... Flying Cloud ...... FDC 7/3354 VOR or GPS Rwy 9R, Amdt 7... 06/04/97 ...... MN Minneapolis ...... Flying Cloud ...... FDC 7/3355 ILS Rwy 9R, Amdt 1... 06/04/97 ...... MN Minneapolis ...... St Paul Downtown Holman Field ...... FDC 7/3382 ILS Rwy 32, Amdt 3B... 06/04/97 ...... WI Oshkosh ...... Wittman Regional ...... FDC 7/3369 GPS Rwy 27, Orig... 06/04/97 ...... WI Oskhosh ...... Wittman Regional ...... FDC 7/3370 NDB or GPS Rwy 36, Amdt 5... 06/04/97 ...... WI Oshkosh ...... Wittman Regional ...... FDC 7/3371 VOR Rwy 36, Amdt 16... 06/04/97 ...... WI Oshkosh ...... Wittman Regional ...... FDC 7/3372 VOR Rwy 9, Amdt 8A... 06/04/97 ...... WI Oshkosh ...... Wittman Regional ...... FDC 7/3375 VOR or GPS Rwy 18, Amdt 6... 06/04/97 ...... WI Oshkosh ...... Wittman Regional ...... FDC 7/3376 ILS Rwy 36, Amdt 6... 06/04/97 ...... WI Oshkosh ...... Wittman Regional ...... FDC 7/3377 LOC/DME BC Rwy 18, Amdt 5... 06/04/97 ...... WI Waukesha ...... Waukesha County ...... FDC 7/3380 NDB or GPS Rwy 28, Amdt 3... 06/05/97 ...... NE Alliance ...... Alliance Muni ...... FDC 7/3395 VOR Rwy 12, Amdt 2B... 06/05/97 ...... IA Dubuque ...... Dubuque Regional ...... FDC 7/3407 LOC/DME BC Rwy 13, Amdt 4A... 06/05/97 ...... NE Alliance ...... Alliance Muni ...... FDC 7/3394 VOR Rwy 30, Amdt 1A... 06/05/97 ...... NV Battle Mountain ...... Battle Mountain ...... FDC 7/3409 VOR or GPS±A Amdt 3... 06/05/97 ...... WI Oshkosh ...... Wittman Regional ...... FDC 7/3400 VOR Rwy 27, Amdt 4... 06/06/97 ...... MS West Point ...... McCaren Field ...... FDC 7/3439 RNAV or GPS Rwy 36 Amdt 3... 06/06/97 ...... MS West Point ...... McCaren Field ...... FDC 7/3444 VOR or GPS±A Amdt 3... 06/06/97 ...... SC Newberry ...... Newberry Muni ...... FDC 7/3438 NDB Rwy 22 Amdt 4... 06/09/97 ...... AZ Phoenix ...... Phoenix-Deer Valley Muni ...... FDC 7/3475 GPS±A Orig... 06/09/97 ...... AZ Tucson ...... Tucson Intl ...... FDC 7/3474 ILS Rwy 11L Amdt 12A... 06/10/97 ...... IN Anderson ...... Anderson Municipal-Darlington Field FDC 7/3521 VOR or GPS±A, Amdt 8... 06/10/97 ...... MI West Branch ...... West Branch Community ...... FDC 7/3512 VOR Rwy 27, Orig±B...

[FR Doc. 97–16530 Filed 6–23–97; 8:45 am] instrument flight rules at the affected FOR FURTHER INFORMATION CONTACT: Paul BILLING CODE 4910±13±M airports. J. Best, Flight Procedures Standards DATES: An effective date for each SIAP Branch (AFS–420), Technical Programs is specified in the amendatory Division, Flight Standards Service, DEPARTMENT OF TRANSPORTATION provisions. Federal Aviation Administration, 800 Independence Avenue, SW., Federal Aviation Administration Incorporation by reference—approved by the Director of the Federal Register Washington, DC 20591; telephone (202) 267–8277. 14 CFR Part 97 on December 31, 1980, and reapproved as of January 1, 1982. SUPPLEMENTARY INFORMATION: This amendment to part 97 of the Federal [Docket No. 28942; Amdt. No. 1803] ADDRESSES: Availability of matters Aviation Regulations (14 CFR part 97) incorporated by reference in the establishes, amends, suspends, or amendment is as follows: RIN 2120±AA65 revokes Standard Instrument Approach For Examination—1. FAA Rules Standard Instrument Approach Procedures (SIAPs). The complete Docket, FAA Headquarters Building, regulatory description of each SIAP is Procedures; Miscellaneous 800 Independence Avenue, SW., Amendments contained in official FAA form Washington, DC 20591; or documents which are incorporated by AGENCY: Federal Aviation 2. The FAA Regional Office of the reference in this amendment under 5 Administration (FAA), DOT. region in which the affected airport is U.S.C. 552(a), 1 CFR part 51, and § 97.20 located; or ACTION: Final rule. of the Federal Aviation Regulations 3. The Flight Inspection Area Office (FAR). The applicable FAA Forms are SUMMARY: This amendment establishes, which originated the SIAP. identified as FAA Forms 8260–3, 8260– amends, suspends, or revokes Standard For Purchase—Individual SIAP 4, and 8260–5. Materials incorporated Instrument Approach Procedures copies may be obtained from: by reference are available for (SIAPs) for operations at certain 1. FAA Public Inquiry Center (APA– examination or purchase as stated airports. These regulatory actions are 200), FAA Headquarters Building, 800 above. needed because of the adoption of new Independence Avenue, SW., The large number of SIAPs, their or revised criteria, or because of changes Washington, DC 20591; or complex nature, and the need for a occurring in the National Airspace 2. The FAA Regional Office of the special format make their verbatim System, such as the commissioning of region in which the affected airport is publication in the Federal Register new navigational facilities, addition of located. expensive and impractical. Further, new obstacles, or changes in air traffic By Subscription—Copies of all SIAPs, airmen do not use the regulatory text of requirements. These changes are mailed once every 2 weeks, are for sale the SIAPs, but refer to their graphic designed to provide safe and efficient by the Superintendent of Documents, depiction on charts printed by use of the navigable airspace and to U.S. Government Printing Office, publishers of aeronautical materials. promote safe flight operations under Washington, DC 20402. Thus, the advantages of incorporation Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations 33993 by reference are realized and Issued in Washington, DC on June 13, Big Piney, WY, Big Piney-Marbleton, GPS publication of the complete description 1997. RWY 31, Orig of each SIAP contained in FAA form David E. Hanley, ***Effective September 11, 1997 Acting Director, Flight Standards Service. documents is unnecessary. The Bentonville, AR, Bentonville Muni/Louise M provisions of this amendment state the Adoption of the Amendment Thadden Field, GPS RWY 17, Orig affected CFR (and FAR) sections, with Bentonville, AR, Bentonville Muni/Louise M the types and effective dates of the Accordingly, pursuant to the Thadden Field, GPS RWY 35, Orig SIAPs. This amendment also identifies authority delegated to me, part 97 of the San Martin, CA, South County Arpt of Santa the airport, its location, the procedure Federal Aviation Regulations (14 CFR Clara County, GPS RWY 32, Orig identification and the amendment part 97) is amended by establishing, Santa Ynez, CA, Santa Ynez, GPS–A, Orig number. amending, suspending, or revoking Denver, CO, Denver Intl, ILS RWY 8, Amdt Standard Instrument Approach 2 The Rule Procedures, effective at 0901 UTC on Lamar, CO, Lamar Muni, VOR RWY 18, Amdt 10 This amendment to part 97 is effective the dates specified, as follows: Lamar, CO, Lamar Muni, VOR/DME RWY 36, upon publication of each separate SIAP Amdt 1 as contained in the transmittal. Some PART 97ÐSTANDARD INSTRUMENT Lamar, CO, Lamar Muni, GPS RWY 18, Orig SIAP amendments may have been APPROACH PROCEDURES Plant City, FL, Plant City Muni, NDB OR GPS previously issued by the FAA in a 1. The authority citation for part 97 is RWY 9, Amdt 1 Plant City, FL, Plant City Muni, GPS RWY 9, National Flight Data Center (FDC) revised to read as follows: Notice to Airmen (NOTAM) as an Orig emergency action of immediate flight Authority: 49 U.S.C. 106(g), 40103, 40113, Peoria, IL, Greater Peoria Regional, ILS/DME 40120, 44701; and 14 CFR 11.49(b)(2). RWY 4, Orig-B, Cancelled safety relating directly to published Peoria, IL, Greater Peoria Regional, ILS RWY aeronautical charts. The circumstances 2. Part 97 is amended to read as 4, Orig which created the need for some SIAP follows: Presque Isle, ME, Northern Maine Regional amendments may require making them §§ 97.23, 97.25, 97.27, 97.29, 97.31, 97.33, Arpt at Presque Isle, ILS RWY 1, Amdt 5 effective in less than 30 days. For the 97.35 [Amended] Carrollton, OH, Carroll County-Tolson, GPS remaining SIAPs, an effective date at RWY 7, Orig By amending: § 97.23 VOR, VOR/ Findlay, OH, Findlay, GPS RWY 18, Orig least 30 days after publication is DME, VOR or TACAN, and VOR/DME provided. Ogden, UT, Ogden-Hinckley, GPS RWY 7, or TACAN; § 97.25 LOC, LOC/DME, Orig Further, the SIAPs contained in this LDA, LDA/DME, SDF, SDF/DME; Oconto, WI, Oconto Muni, GPS RWY 11, amendment are based on the criteria § 97.27 NDB, NDB/DME; § 97.29 ILS, Orig. contained in the U.S. Standard for ILS/DME, ISMLS, MLS, MLS/DME, Terminal Instrument Approach ***Effective Upon Publication MLS/RNAV; § 97.31 RADAR SIAPs; Procedures (TERPS). In developing Galveston, TX, Scholes Field, VOR OR GPS § 97.33 RNAV SIAPS; and § 97.35 these SIAPs, the TERPS criteria were RWY 13, Amdt 2 COPTER SIAPs, identified as follows: applied to the conditions existing or Galveston, TX, Scholes Field, ILS RWY 13, Amdt 9 anticipated at the affected airports. ***Effective June 19, 1997 Note: The FAA published the following Because of the close and immediate Clinton, NC, Sampson County, NDB OR GPS procedures in Docket No. 28914, Amdt. No. relationship between these SIAPs and RWY 6, Amdt 5 1799 to part 97 of the Federal Aviation safety in air commerce, I find that notice ***Effective July 17, 1997 Regulations (VOL 62, No. 103, Page 29005, and public procedure before adopting dated Thursday, May 29, 1997) under Section Brunswick, GA, Malcolm McKinnon, VOR 97.23 effective June 19, 1997, which are these SIAPs are impracticable and RWY 4, Amdt 15 hereby amended as follows: contrary to the public interest and, Rockland, ME, Knox County Regional, LOC where applicable, that good cause exists RWY 13, Orig, Cancelled Change effective date to 17 July 1997 for for making some SIAPs effective in less Rockland, ME, Knox County Regional, ILS the following procedures: than 30 days. RWY 13, ORIG Deadhorse, AK, Deadhorse, VOR/DME or The FAA has determined that this Kansas City, MO, Richards-Gebaur Memorial, TACAN or GPS RWY 4, Amdt 4, Cancelled regulation only involves an established NDB RWY 1, Orig Gustavus, AK, Gustavus, VOR/DME or GPS– body of technical regulations for which Kansas City, MO, Richards-Gebaur Memorial, B, Amdt 3B, Cancelled ILS RWY 1, Admt 5 frequent and routine amendments are Note: The FAA published the following necessary to keep them operationally ***Effective August 14, 1997 procedures in Docket No. 28907, Amdt. No. 1797 to part 97 of the Federal Aviation current. It, therefore—(1) is not a North Vernon, IN, North Vernon, NDB OR Regulations (Vol 62, FR No. 89, Page 25113; ‘‘significant regulatory action’’ under GPS RWY 5, Amdt 5 dated May 8, 1997) under Section 97.33 Executive Order 12866; (2) is not a Marshall, MN, Marshall Muni-Ryan Field, effective July 17, 1997, which are hereby ‘‘significant rule’’ under DOT GPS RWY 30, Orig amended as follows: Regulatory Policies and Procedures (44 Allentown, PA, Lehigh Valley Intl, NDB OR GPS RWY 6, Amdt 17 Hayden, Co. Yampa Valley, GPS–-A, Orig., FR 11034; February 26, 1979); and (3) Clearfield, PA, Clearfield-Lawrence, VOR Should Read: GPS–C, Orig does not warrant preparation of a RWY 30, Amdt 5 Hayden, Co. Yampa Valley, GPS–B, Orig., regulatory evaluation as the anticipated Pine Ridge, SD, Pine Ridge, GPS RWY 30, Should Read: GPS–D, Orig impact is so minimal. For the same Orig Note: The FAA published the following reason, the FAA certifies that this Dublin, VA, New River Valley, VOR OR procedures in Docket No. 28915, Amdt No. amendment will not have a significant GPS–-A, Amdt 8 1800 to part 97 of the Federal Aviation economic impact on a substantial Dublin, VA, New River Valley, VOR/DME OR Regulations (Vol 62, FR No. 103, Page 29005; GPS RWY 6, Amdt 7 dated May 29, 1997) under Section 97.33 number of small entities under the Dublin, VA, New River Valley, ILS RWY 6, effective July 17, 1997 is hereby rescinded: criteria of the Regulatory Flexibility Act. Amdt 4 Olean, NY, Cattaraugus County-Olean, RNAV List of Subjects in 14 CFR Part 97 Eagle River, WI, Eagle River Union, GPS OR GPS RWY 22, Amdt 4a, Cancelled RWY 4, Orig Air traffic control, Airports, Shawano, WI, Shawano Muni, GPS RWY 29, [FR Doc. 97–16529 Filed 6–23–97; 8:45 am] Navigation (air). Orig BILLING CODE 4910±13±M 33994 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION Programs Division, Flight Standards altered to remove ‘‘or GPS’’ from these Service, Federal Aviation non-localizer, non-precision instrument Federal Aviation Administration Administration, 800 Independence approach procedure titles.) Because of Avenue, SW., Washington, DC 20591; the close and immediate relationship 14 CFR Part 97 telephone (202) 267–8277. between these SIAPs and safety in air [Docket No. 28944; Amdt. No. 1805] SUPPLEMENTARY INFORMATION: This commerce, I find that notice and public procedure before adopting these SIAPs RIN2120±AA65 amendment to part 97 of the Federal Aviation Regulations (14 CFR part 97) are, impracticable and contrary to the Standard Instrument Approach establishes, amends, suspends, or public interest and, where applicable, Procedures; Miscellaneous revokes Standard Instrument Approach that good cause exists for making some Amendments Procedures (SIAPs). The complete SIAPs effective in less than 30 days. regulatory description of each SIAP is The FAA has determined that this AGENCY: Federal Aviation contained in official FAA form regulation only involves an established Administration (FAA), DOT. documents which are incorporated by body of technical regulations for which ACTION: Final rule. reference in this amendment under 5 frequent and routine amendments are SUMMARY: This amendment establishes, U.S.C. 552(a), 1 CFR part 51, and § 97.20 necessary to keep them operationally amends, suspends, or revokes Standard of the Federal Aviation Regulations current. It, therefore—(1) is not a Instrument Approach Procedures (FAR). The applicable FAA Forms are ‘‘significant regulatory action’’ under (SIAPs) for operations at certain identified as FAA Form 8260–5. Executive Order 12866; (2) is not a airports. These regulatory actions are Materials incorporated by reference are ‘‘significant rule’’ under DOT needed because of the adoption of new available for examination or purchase as Regulatory Policies and Procedures (44 or revised criteria, or because of changes stated above. FR 11034; February 26, 1979); and (3) occurring in the National Airspace The large number of SIAPs, their does not warrant preparation of a System, such as the commissioning of complex nature, and the need for a regulatory evaluation as the anticipated new navigational facilities, addition of special format make their verbatim impact is so minimal. For the same new obstacles, or changes in air traffic publication in the Federal Register reason, the FAA certifies that this requirements. These changes are expensive and impractical. Further, amendment will not have a significant designed to provide safe and efficient airmen do not use the regulatory text of economic impact on a substantial use of the navigable airspace and to the SIAPs, but refer to their graphic number of small entitles under the promote safe flight operations under depiction on charts printed by criteria of the Regulatory Flexibility Act. publishers of aeronautical materials. instrument flight rules at the affected List of Subjects in 14 CFR Part 97 airports. Thus, the advantages of incorporation by reference are realized and DATES: An effective date for each SIAP Air traffic control, Airports, publication of the complete description is specified in the amendatory Navigation (air). of each SIAP contained in FAA form provisions. Issued in Washington, DC on June 13, Incorporation by reference-approved documents is unnecessary. The provisions of this amendment state the 1997. by the Director of the Federal Register David E. Hanley, on December 31, 1980, and reapproved affected CFR (and FAR) sections, with as of January 1, 1982. the types and effective dates of the Acting Director, Flight Standards Service. SIAPs. This amendment also identifies ADDRESSES: Availability of matters Adoption of the Amendment the airport, its location, the procedure incorporated by reference in the identification and the amendment amendment is as follows: Accordingly, pursuant to the For Examination—1. FAA Rules number. authority delegated to me, part 97 of the Docket, FAA Headquarters Building, This amendment to part 97 is effective Federal Aviation Regulations (14 CFR 800 Independence Avenue, SW., upon publication of each separate SIAP part 97) is amended by establishing, Washington, DC 20591; as contained in the transmittal. The amending, suspending, or revoking 2. The FAA Regional Office of the SIAPs contained in this amendment are Standard Instrument Approach region in which the affected airport is based on the criteria contained in the Procedures, effective at 0901 UTC on located; or United States Standard for Terminal the dates specified, as follows: 3. The Flight Inspection Area Office Instrument Approach Procedures which originated the SIAP. (TERPS). In developing these SIAPs, the PART 97ÐSTANDARD INSTRUMENT For Purchase—Individual SIAP TERPS criteria were applied to the APPROACH PROCEDURES copies may be obtained from: conditions existing or anticipated at the 1. FAA Public Inquiry Center (APA– affected airports. 1. The authority citation for part 97 is 200), FAA Headquarters Building, 800 The FAA has determined through revised to read as follows: Independence Avenue, SW., testing that current non-localizer type, Authority: 49 U.S.C. 40103, 40113, 40120, Washington, DC 20591; or non-precision instrument approaches 44701; 49 U.S.C. 106(g); and 14 CFR 2. The FAA Regional Office of the developed using the TERPS criteria can 11.49(b)(2). region in which the affected airport is be flown by aircraft equipped with located. Global Positioning System (GPS) 2. Part 97 is amended to read as By Subscription—Copies of all SIAPs, equipment. In consideration of the follows: mailed once every 2 weeks, are for sale above, the applicable Standard §§ 97.23, 97.27, 97.33, 97.35 [Amended] by the Superintendent of Documents, Instrument Approach Procedures U.S. Government Printing Office, (SIAPs) will be altered to include ‘‘or By amending: § 97.23 VOR, VOR/ Washington, DC 20402. GPS’’ in the title without otherwise DME, VOR or TACAN, and VOR/DME FOR FURTHER INFORMATION CONTACT: reviewing or modifying the procedure. or TACAN; § 97.27 NDB, NDB/DME; Paul J. Best, Flight Procedures (Once a stand alone GPS procedure is § 97.33 RNAV SIAPs; and § 97.35 Standards Branch (AFS–420), Technical developed, the procedure title will be COPTER SIAPs, identified as follows: Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations 33995

* * * Effective July 17, 1997 Vandalia, IL, Vandalia Muni, VOR or GPS Lafayette, TN, Lafayette Muni, NDB RWY 19, Kake, AK, Kake, NDB or GPS RWY 10, Orig RWY 18, Amdt 11 Cancelled Amdt 2B Cancelled Vandalia, IL, Vandalia Muni, VOR RWY 18, Richmond/Ashland, VA, Hanover County Kake, AK, Kake, NDB RWY 10, Orig Amdt 11 Muni, NDB or GPS RWY 16, Orig Arkadelphia, AR, Arkadelphia Muni, NDB or Houlton, ME, Houlton Intl, VOR or GPS RWY Cancelled GPS RWY 4, Amdt 6 Cancelled 5, Amdt 9A Cancelled Richmond/Ashland, VA, Hanover County Arkadelphia, AR, Arkadelphia Muni, NDB Houlton, ME, Houlton Intl, VOR RWY 5, Muni, NDB RWY 16, Orig RWY 4, Amdt 6 Amdt 9A Suffolk, VA, Suffolk Muni, NDB or GPS RWY Burlington, CO, Kit Carson County, NDB or Drummond Island, MI, Drummond Island, 7, Amdt. 1B Cancelled GPS RWY 15, Orig Cancelled NDB or GPS RWY 26, Amdt 1 Cancelled Suffolk, VA, Suffolk Muni, NDB RWY 7, Burlington, CO, Kit Carson County, NDB Drummond Island, MI, Drummond Island, Amdt. 1B RWY 15, Orig NDB RWY 26, Amdt 1 Everett, WA, Snohomish County (Paine Fld), Hayden, CO, Yampa Valley, VOR/DME or Chadron, NE, Chadron Muni, VOR/DME or NDB or GPS RWY 16R, Amdt 12A GPS–B, Orig Cancelled GPS RWY 2, Amdt 1A Cancelled Cancelled Hayden, CO, Yampa Valley, VOR/DME–B, Chadron, NE, Chadron Muni, VOR/DME Everett, WA, Snohomish County (Paine Fld), Orig RWY 2, Amdt 1A NDB RWY 16R, Amdt 12A Hayden, CO, Yampa Valley, VOR or GPS–A, Fremont, NE, Fremont Muni, NDB or GPS Manitowish Waters, WI, Manitowish Waters, Amdt 3 Cancelled RWY 13, Amdt 2A Cancelled NDB or GPS RWY 32, Orig Cancelled Hayden, CO, Yampa Valley, VOR–A, Amdt 3 Fremont, NE, Fremont Muni, NDB RWY 13, Manitowish Waters, WI, Manitowish Waters, Lake City, FL, Lake City Muni, NDB or GPS Amdt 2A NDB RWY 32, Orig RWY 28, Amdt 1 Cancelled Valentine, NE, Miller Field, NDB or GPS Lake City, FL, Lake City Muni, NDB RWY 28, RWY 31, Amdt 6B Cancelled [FR Doc. 97–16528 Filed 6–23–97; 8:45 am] Amdt 1 Valentine, NE, Miller Field, NDB RWY 32, BILLING CODE 4910±13±M Marco Island, FL, Marco Island, VOR/DME or Amdt 6B GPS RWY 17, Amdt 6 Cancelled Wahoo, NE, Wahoo Muni, NDB or GPS RWY Marco Island, FL, Marco Island, VOR/DME 20, Amdt 2 Cancelled RWY 17, Amdt 6 Wahoo, NE, Wahoo Muni, NDB RWY 20, DEPARTMENT OF HEALTH AND Tampa, FL, Tampa Intl, VOR or GPS RWY 9, Amdt 2 HUMAN SERVICES Amdt. 7B Cancelled Raton, NM, Raton Municipal/Crews Field, Tampa, FL, Tampa Intl, VOR RWY 9, Amdt. NDB or GPS RWY 2, Amdt 3A Cancelled Food and Drug Administration 7B Raton, NM, Raton Municipal/Crews Field, Brunswick, GA, Malcolm McKinnon, VOR or NDB RWY 2, Amdt 4 21 CFR Parts 175 and 178 GPS RWY 4, Amdt 14B Cancelled Battle Mountain, NV, Battle Mountain, VOR/ [Docket No. 96F±0292] Brunswick, GA, Malcolm McKinnon, VOR DME or GPS RWY 3, Amdt 4 Cancelled RWY 4, Amdt 14B Battle Mountain, NV, Battle Mountain, VOR/ Macon, GA, Middle Georgia Regional, VOR DME RWY 3, Amdt 4 Indirect Food Additives: Adhesives or GPS RWY 13, Amdt 7B Cancelled Johnstown, NY, Fulton County, NDB or GPS and Components of Coatings; and Macon, GA, Middle Georgia Regional, VOR RWY 10, Amdt 1 Cancelled Adjuvants, Production Aids, and RWY 13, Amdt 7B Johnstown, NY, Fulton County, NDB RWY Sanitizers Macon, GA, Middle Georgia Regional, VOR 10, Amdt 1 or GPS RWY 23, Amdt 1A Cancelled Olean, NY, Cattaraugus County-Olean, RNAV AGENCY: Food and Drug Administration, Macon, GA, Middle Georgia Regional, VOR or GPS RWY 22, Amdt 4A Cancelled HHS. RWY 23, Amdt 1A Olean, NY, Cattaraugus County-Olean, RNAV Macon, GA, Middle Georgia Regional, NDB RWY 22, Amdt 4A ACTION: Final rule. or GPS RWY 5, Amdt 20A Cancelled Schenectady, NY, Schenectady County, NDB SUMMARY: Macon, GA, Middle Georgia Regional, NDB or GPS RWY 22, Amdt 14 Cancelled The Food and Drug RWY 5, Amdt 20A Schenectady, NY, Schenectady County, NDB Administration (FDA) is amending the Newnan, GA, Newnan-Coweta County, NDB RWY 22, Amdt 14 food additive regulations to provide for or GPS RWY 32, Amdt 3 Cancelled Schenectady, NY, Schenectady County, NDB the safe use of polyethyleneglycol Newnan, GA, Newnan-Coweta County, NDB or GPS RWY 28, Amdt 9 Cancelled alkyl(C10–C12) ether sulfosuccinate, RWY 32, Amdt 3 Schenectady, NY, Schenectady County, NDB disodium salt as a component of Crawfordsville, IN, Crawfordsville Muni, RWY 28, Amdt 9 adhesives and as an emulsifier and/or Delaware, OH, Delaware Muni, VOR or GPS NDB or GPS RWY 4, Amdt 4 Cancelled surface-active agent in the manufacture Crawfordsville, IN, Crawfordsville Muni, RWY 28, Amdt 5 Cancelled NDB RWY 4, Amdt 5 Delaware, OH, Delaware Muni, VOR RWY of articles or components of articles Huntington, IN, Huntington Muni, NDB or 28, Amdt 5 intended for use in contact with food. GPS RWY 9, Orig Cancelled Delaware, OH, Delaware Muni, NDB or GPS This action is in response to a petition Huntington, IN, Huntington Muni, NDB RWY RWY 10, Amdt 4 Cancelled filed by Cytec Industries, Inc. Delaware, OH, Delaware Muni, NDB RWY 9, Orig DATES: Effective June 24, 1997; written Sullivan, IN, Sullivan County, NDB or GPS 10, Amdt 4 RWY 36, Amdt 6 Cancelled Marysville, OH, Union County, NDB or GPS objections and requests for a hearing by Sullivan, IN, Sullivan County NDB RWY 36, RWY 27, Amdt 5 Cancelled July 24, 1997. Amdt 6 Marysville, OH, Union County, NDB RWY ADDRESSES: Submit written objections to Washington, IN, Daviess County, NDB or GPS 27, Amdt 5 the Dockets Management Branch (HFA– RWY 18, Amdt 5 Cancelled Duncan, OK, Halliburton Field, VOR or GPS 305), Food and Drug Administration, Washington, IN, Daviess County, NDB RWY RWY 35, Amdt 10 Cancelled 12420 Parklawn Dr., rm. 1–23, 18, Amdt 5 Duncan, OK, Halliburton Field, VOR RWY Mount Sterling, KY, Mount Sterling- 35, Amdt 10 Rockville, MD 20857. Montgomery County, NDB or GPS RWY 21, Idabel, OK, Idabel, NDB or GPS RWY 17, FOR FURTHER INFORMATION CONTACT: Vir Amdt 1 Cancelled Amdt 3 Cancelled D. Anand, Center for Food Safety and Mount Sterling, KY, Mount Sterling- Idabel, OK, Idabel, NDB RWY 17, Amdt 3 Applied Nutrition (HFS–216), Food and Montgomery County, NDB RWY 21, Clearfield, PA, Clearfield-Lawrence, VOR or Drug Administration, 200 C St. SW., Amdt 1 GPS RWY 30, Amdt 4 Cancelled Washington, DC 20204, 202–418–3081. Monticello, KY, Wayne County, NDB or GPS Clearfield, PA, Clearfield-Lawrence, VOR RWY 21, Amdt 1 Cancelled RWY 30, Amdt 4 SUPPLEMENTARY INFORMATION: In a notice Monticello, KY, Wayne County, NDB RWY Lafayette, TN, Lafayette Muni, NDB or GPS published in the Federal Register of 21, Amdt 1 RWY 19, Amdt 2B Cancelled August 26, 1996 (61 FR 43771), FDA 33996 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations announced that a food additive petition intended technical effect, and, therefore, include a detailed description and (FAP 6B4518) had been filed by Cytec, that §§ 175.105 and 178.3400 should be analysis of the specific factual Industries Inc., c/o Keller and Heckman, amended as set forth below. information intended to be presented in 1001 G St. NW., suite 500 West, In accordance with § 171.1(h) (21 CFR support of the objection in the event Washington, DC 20001. The petition 171.1(h)), the petition and the that a hearing is held. Failure to include proposed to amend the food additive documents that FDA considered and such a description and analysis for any regulations in § 175.105 Adhesives (21 relied upon in reaching its decision to particular objection shall constitute a CFR 175.105) and § 178.3400 approve the petition are available for waiver of the right to a hearing on the Emulsifiers and/or surface-active agents inspection at the Center for Food Safety objection. Three copies of all documents (21 CFR 178.3400) to provide for the and Applied Nutrition by appointment shall be submitted and shall be safe use of polyethyleneglycol with the information contact person identified with the docket number alkyl(C10–C12) ether sulfosuccinate, listed above. As provided in § 171.1(h), found in brackets in the heading of this disodium salt as a component of the agency will delete from the document. Any objections received in adhesives and as an emulsifier and/or documents any materials that are not response to the regulation may be seen surface-active agent in the manufacture available for public disclosure before in the Dockets Management Branch of articles or components of articles making the documents available for between 9 a.m. and 4 p.m., Monday intended for use in contact with food. inspection. through Friday. Previously, the subject additive was The agency has carefully considered listed in §§ 175.105 (43 FR 16311, April the potential environmental effects of List of Subjects 18, 1978) and 178.3400 (58 FR 26684, this action. FDA has concluded that the 21 CFR Part 175 May 5, 1993) with an alternative name action will not have a significant impact Adhesives, Food additives, Food (sulfosuccinic acid 4-ester with on the human environment, and that an packaging. polyethylene glycol dodecyl ether, environmental impact statement is not disodium salt with a corresponding CAS required. The agency’s finding of no 21 CFR Part 178 Reg. No. of 39354–45–5). Subsequently, significant impact and the evidence Food additives, Food packaging. the petitioner found that the ethoxylated supporting that finding, contained in an Therefore, under the Federal Food, alcohol used to synthesize the environmental assessment, may be seen Drug, and Cosmetic Act and under polyethylene glycol dodecyl ether in the Dockets Management Branch authority delegated to the Commissioner portion of the additive contained not a (address above) between 9 a.m. and 4 of Food and Drugs and redelegated to single C12 species, but was a mixture p.m., Monday through Friday. No the Director, Center for Food Safety and consisting predominantly of C10–C12 comments were received during the 30- Applied Nutrition, 21 CFR parts 175 alcohols. This final rule, in effect, lists day comment period specified in the and 178 are amended to read as follows: the correct chemical description and the filing notice for comments on the corresponding CAS Reg. No. of the environment assessment submitted with PART 175ÐINDIRECT FOOD additive. the petition. ADDITIVES: ADHESIVES AND All of the chemistry and safety data Any person who will be adversely COMPONENTS OF COATINGS presented in the earlier petitions (FAP’s affected by this regulation may at any 8B3350 and 9B4120) resulting in the time on or before July 24, 1997, file with 1. The authority citation for 21 CFR regulations cited above are incorporated the Dockets Management Branch part 175 continues to read as follows: (address above) written objections in the present petition and remain Authority: Secs. 201, 402, 409, 721 of the unchanged. There are no compositional thereto. Each objection shall be Federal Food, Drug, and Cosmetic Act (21 changes to the additive, its method of separately numbered, and each U.S.C. 321, 342, 348, 379e). manufacture, use level, or technical numbered objection shall specify with effect. Further, there is no change in the particularity the provisions of the 2. Section 175.105 is amended in the safety evaluation. (For a full discussion regulation to which objection is made table in paragraph (c)(5) by of the safety evaluation, see 43 FR 16311 and the grounds for the objection. Each alphabetically adding a new entry under and 58 FR 26684.) numbered objection on which a hearing the heading ‘‘Substances’’ to read as FDA has evaluated data in the is requested shall specifically so state. follows: petition and other relevant material. The Failure to request a hearing for any agency concludes that the proposed use particular objection shall constitute a § 175.105 Adhesives. of the additive in adhesives and as an waiver of the right to a hearing on that * * * * * emulsifier and/or surface-active agent is objection. Each numbered objection for (c) * * * safe, that the additive will have the which a hearing is requested shall (5) * * *

Substances Limitations

******* Polyethyleneglycol alkyl(C10±C12) ether sulfosuccinate, disodium salt (CAS Reg. No. 68954±91±6). ******* Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations 33997

PART 178ÐINDIRECT FOOD Authority: Secs. 201, 402, 409, 721 of the ‘‘List of Substances’’ and ‘‘Limitations’’ ADDITIVES: ADJUVANTS, Federal Food, Drug, and Cosmetic Act (21 to read as follows: PRODUCTION AID, AND SANITIZERS U.S.C. 321, 342, 348, 379e). § 178.3400 Emulsifiers and/or surface- 2. Section 178.3400 is amended in the 1. The authority citation for 21 CFR active agents. table in paragraph (c) by alphabetically part 178 continues to read as follows: * * * * * adding a new entry under the headings (c) * * *

List of Substances Limitations

******* Polyethyleneglycol alkyl(C10±C12) ether sulfosuccinate, disodium salt For use only at levels not to exceed 5 percent by weight of total (CAS Reg. No. 68954±91±6). monomers used in the emulsion polymerization of polyvinyl acetate, acrylic, and vinyl/acrylic polymers intended for use as coatings for paper and paperboard. *******

* * * * * Rahway, NJ 07065–0914, filed NADA finding, contained in an environmental Dated: June 5, 1997. 141–079, which provides for the use of assessment, may be seen in the Dockets  TM Fred R. Shank, Ivomec Eprinex Pour-On (5 Management Branch (address above) milligrams per milliliter eprinomectin) between 9 a.m. and 4 p.m., Monday Director, Center for Food Safety and Applied Nutrition. on cattle for the treatment and control through Friday. of gastrointestinal roundworm, [FR Doc. 97–16399 Filed 6–23–97; 8:45 am] List of Subjects lungworm, cattle grub, lice, mange mite, BILLING CODE 4160±01±F and fly infections. The NADA is 21 CFR Part 524 approved as of April 16, 1997, and the Animal drugs. DEPARTMENT OF HEALTH AND regulations are amended by adding new 21 CFR Part 556 HUMAN SERVICES § 524.814 to reflect the approval. The regulations are also amended to provide Animal drugs, Foods. Food and Drug Administration for a tolerance for eprinomectin residues Therefore, under the Federal Food, in milk and edible cattle tissues in new Drug, and Cosmetic Act and under 21 CFR Parts 524 and 556 § 556.227. The basis of approval is authority delegated to the Commissioner discussed in the freedom of information of Food and Drugs and redelegated to Animal Drugs, Feeds, and Related summary. the Center for Veterinary Medicine, 21 Products; Eprinomectin In accordance with the freedom of CFR parts 524 and 556 are amended as information provisions of 21 CFR part AGENCY: follows: Food and Drug Administration, 20 and 514.11(e)(2)(ii), a summary of HHS. safety and effectiveness data and PART 524ÐOPHTHALMIC AND ACTION: Final rule. information submitted to support TOPICAL DOSAGE FORM NEW approval of this application may be seen ANIMAL DRUGS SUMMARY: The Food and Drug in the Dockets Management Branch Administration (FDA) is amending the (HFA–305), Food and Drug 1. The authority citation for 21 CFR animal drug regulations to reflect Administration, 12420 Parklawn Dr., part 524 continues to read as follows: approval of a new animal drug rm. 1–23, Rockville, MD 20857, between Authority: Sec. 512 of the Federal Food, application (NADA) filed by Merck 9 a.m. and 4 p.m., Monday through Drug, and Cosmetic Act (21 U.S.C. 360b). Research Laboratories, Division of Friday. Merck & Co., Inc. The NADA provides 2. New § 524.814 is added to read as Under section 512(c)(2)(F)(i) of the follows: for use of eprinomectin on cattle for Federal Food, Drug, and Cosmetic Act, treatment and control of certain this approval qualifies for a 5-year § 524.814 Eprinomectin. gastrointestinal roundworms, period of marketing exclusivity (a) Specifications. Each milliliter lungworms, cattle grubs, lice, mange beginning April 16, 1997, because no contains 5 milligrams of eprinomectin. mites, and flies. The regulations are also active ingredient (including any ester or (b) Sponsor. See No. 000006 in amended to provide for a tolerance for salt of the active ingredient) of the drug § 510.600(c) of this chapter. residues of the drug in milk and in has been approved in any other (c) Related tolerances. See § 556.227 edible tissues. application filed under section 512(b)(1) of this chapter. EFFECTIVE DATE: June 24, 1997. of the act. (d) Conditions of use—(1) Amount. FOR FURTHER INFORMATION CONTACT: FDA has carefully considered the One milliliter (5 milligrams) per 10 Melanie R. Berson, Center for Veterinary potential environmental effects of this kilograms of body weight (500 Medicine (HFV–135), Food and Drug action. FDA has concluded that the micrograms per kilogram). Administration, 7500 Standish Pl., action will not have a significant impact (2) Indications for use. The drug used Rockville, MD 20855, 301–594–1643. on the human environment, and that an in beef and dairy cattle for the treatment SUPPLEMENTARY INFORMATION: Merck environmental impact statement is not and control of adult and fourth stage Research Laboratories, Division of required. FDA’s finding of no significant larvae (L4) gastrointestinal nematodes Merck & Co., Inc., P.O. Box 2000, impact and the evidence supporting that (Haemonchus placei, Ostertagia 33998 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations ostertagi (including inhibited L4)), policies, responsibilities, and Subpart PÐProtests, Picketing, and Other Trichostrongylus axei, T. colubriformis, procedures for protests, picketing, and Similar Demonstrations on the Installation Cooperia oncophora, C. punctata, C. other similar demonstration on the of Aberdeen Proving Ground, Maryland surnabada, Nematodirus helvetianus, Aberdeen Proving Ground military Sec. Bunostomum phlebotomum, reservation. This regulation is 552.211 Purpose. Oesophagostomum radiatum, Trichuris applicable to all personnel assigned, 552.212 Scope. spp. (adults); lungworms (adult and L4) residing, working, or visiting on the 552.213 Policy. 552.214 Procedures. (Dictyocaulus viviparus); cattle grubs Aberdeen Proving Ground reservation. 552.215 Responsibilities. (all parasitic stages) (Hypoderma EFFECTIVE DATE: June 24, 1997. 552.216 Violations. lineatum, H. bovis); lice (Damalinia Authority: 18 U.S.C. Sec. 1382. bovis, Linognathus vituli, Haematopinus ADDRESSES: Commander, U.S. Army eurysternus, Solenopotes capillatus); Test and Evaluation Command, Office of Subpart PÐProtests. Picketing, and mange mites (Chorioptes bovis, the Chief Counsel and Staff Judge Other Similar Demonstrations on the Sarcoptes scabiei), and flies Advocate, Aberdeen Proving Ground, Installation of Aberdeen Proving (Haematobia irritans). Controls H. Maryland 21005. Ground, Maryland irritans for 7 days and D. vivaparus for FOR FURTHER INFORMATION CONTACT : § 552.211 Purpose. 21 days after treatment. Laura R. Haug, Deputy Chief Counsel, (3) Limitations. Apply topically along telephone (410) 278–1105 or 1107. This subpart establishes policies, backbone from withers to tailhead. responsibilities, and procedures for Consult your veterinarian for assistance SUPPLEMENTARY INFORMATION: protests, pickeing, and other similar in the diagnosis, treatment, and control Supplementation of this subpart by demonstrations on the Aberdeen of parasitism. subordinate units is prohibited. Proving Ground installation. On April 2, 1997, we published the PART 556ÐTOLERANCES FOR proposed rule in the Notice of Proposed § 552.212 Scope. RESIDUES OF NEW ANIMAL DRUGS Rulemaking section of the Federal (a) The provisions of this subpart IN FOOD Register (Vol. 62, No. 63, pages 15639– apply to all elements of U.S. Army 3. The authority citation for 21 CFR 15640) with the comment period ending Garrison, Aberdeen Proving Ground part 556 continues to read as follows: on May 2, 1997. (USAGAPG), and the supported organizations and activities on the Authority: Secs. 402, 512, 701 of the We did not receive any objections to the proposed rule. We did, however, Aberdeen and Edgewood Areas of Federal Food, Drug, and Cosmetic Act Aberdeen Proving Ground. (21 U.S.C. 342, 360b, 371). receive a comment from a citizen who indicated that the wording in (b) The provisions of this subpart 4. New § 556.227 is added to subpart cover all public displays of opinions B to read as follows: § 552.213(a) that Aberdeen Proving Ground ‘‘is NOT open for expressive made by protesting, picketing, or any other similar demonstration. § 556.227 Eprinomectin. activity’’ is inconsistent with regulation. We agree with this comment since (c) The provisions of this subpart are Tolerances are established for expressive activity may be permitted in applicable to all people, military and residues of eprinomectin B1a (marker certain circumstances with the civilian employees, and all visitors, residue) in milk of 12 parts per billion Commander’s approval based on the family members, or others, entering, and in liver (target tissue) of 4.8 parts Commander’s concerns for discipline, upon or present at Aberdeen Proving per million. mission accomplishment, protection of Ground. Dated: June 5, 1997. property, and the health, morale, and § 552.213 Policy. Stephen F. Sundlof, welfare of the Aberdeen Proving Ground Director, Center for Veterinary Medicine. community. Therefore, § 552.213 is (a) Aberdeen Proving Ground is a non-public forum and is open for [FR Doc. 97–16398 Filed 6–23–97; 8:45 am] amended to indicate that Aberdeen expensive activity only under certain BILLING CODE 4160±01±F Proving Ground ‘‘is a non-public forum and is open for expressive activity only circumstances. Aberdeen Proving under certain circumstances.’’ Ground is a military installation under the exclusive federal jurisdiction at DEPARTMENT OF DEFENSE Executive Order 12291 which official business of the federal government is conducted, including Department of the Army This rule is not a major rule as defined by Executive Order 12291. military training, testing of weapon 32 CFR Part 552 systems and other military equipment, Regulatory Flexibility Act and other official business. [APG Reg 1±1] The Regulatory Flexibility Act has no (b) On Aberdeen Proving Ground, Protests, Picketing, and Other Similar bearing on this rule. except for activities authorized under 5 Demonstrations on the Installation of United States Code Chapter 71, Labor Paperwork Reduction Act Aberdeen Proving Ground, MD Management Relations, it is unlawful for any person to engage in any public This rule does not contain reporting AGENCY: Department of the Army, DoD. displays of opinions made by protesting, or recordkeeping requirements subject ACTION: Final Rule. picketing or any other similar to the Paperwork Reduction Act. demonstration without the approval of SUMMARY: This final rule establishes 32 List of Subjects in 31 CFR Part 552 the Commander, U.S. Army Garrison, CFR Part 552, Subpart P, Protests, Aberdeen Proving Ground. Therefore, Picketing, and Other similar Federal buildings and facilities. unless prior approval has been obtained Demonstrations, and authenticates 32 CFR part 552 is amended by as outlined below in 32 CFR 552.214, it Aberdeen Proving Ground Regulation, adding and reserving subpart O and will be unlawful for any person on APG Reg. 1–1. This subpart implements adding a new subpart P as follows: Aberdeen Proving Ground to: Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations 33999

(1) Engage in protests, public (5) Proposed means of transportation ENVIRONMENTAL PROTECTION speeches, marches, sit-ins, or to and from APG. AGENCY demonstrations promoting a point of (6) Proposed means of providing 40 CFR Part 52 view. security, sanitary services and related (2) Interrupt or disturb the testing and [VA045±5022; FRL±5846±8] evaluating of weapon systems, or any ancillary services to the participants. training, formation, ceremony, class, (b) Based on the Commander’s Approval and Promulgation of Air court-martial, hearing, or other military concerns for discipline, mission Quality Implementation Plans; Virginia; business. accomplishment, protection of property, 15% Rate of Progress Plan for the (3) Obstruct movement on any street, and the safeguarding of the health, Northern Virginia Portion of the road, sidewalk, pathway, or other morale, and welfare of the APG Metropolitan Washington D.C. Area vehicle or pedestrian thoroughfare. community, the Commander will (4) Utter to any person abusive, determine whether to grant the request AGENCY: Environmental Protection insulting, profane, indecent, or and, if granted, any limitations as to Agency (EPA). otherwise provocative language that by where and when it will take place. ACTION: Final rule. its very utterance tends to excite a breach of the peace. § 552.215 Responsibilities. SUMMARY: EPA is granting conditional (5) Distribute or post publications, interim approval of the State including pamphlets, newspapers, (a) Director, Law Enforcement and Implementation Plan (SIP) revision magazines, handbills, flyers, leaflets, Security, U.S. Army Garrison, Aberdeen submitted by the Commonwealth of and other printed materials, except Proving Ground, will furnish police Virginia, for the Northern Virginia through regularly established and support as needed. portion of the Metropolitan Washington approved distribution outlets and (b) Chief Counsel and Staff Judge D.C. serious ozone nonattainment area, places. Advocate, U.S. Army Test and to meet the 15 percent reasonable (6) Circulate petitions or engage in Evaluation Command, will provide a further progress (RFP, or 15% plan) picketing or similar demonstrations for legal review of the request. requirements of the Clean Air Act (the any purpose. Act). EPA is granting conditional (7) Engage in partisan political § 552.216 Violations. interim approval of the 15% plan, campaigning or electioneering. submitted by the Commonwealth of (a) A person is in violation of the (8) Disobey a request from Department Virginia, because on its face the plan of Defense police, other government law terms of this subpart if: achieves the required 15% emission enforcement officials (e.g., Federal, (1) That person enters or remains reduction, but additional State, or local law enforcement upon Aberdeen Proving Ground when documentation to verify the emission officials), military police, or other that person is not licensed, invited, or calculations is necessary for full competent authority to disperse, move otherwise authorized by the approval. Additionally, the plan relies along or leave the installation. Commander, U.S. Army Garrison, upon the Virginia Inspection and (c) In appropriate cases, the Aberdeen Proving Ground pursuant to Maintenance (I/M) rule that received Commander, U.S. Army Garrison, the terms of § 552.214; or final conditional interim approval on Aberdeen Proving Ground may give May 15, 1997 (62 FR 26745). This action (2) That person enters upon or express written permission for protests, is being taken under section 110 of the picketing, or any other similar remains upon Aberdeen Proving Ground Clean Air Act. demonstrations on Aberdeen Proving for the purpose of engaging in any EFFECTIVE DATE: Ground property outside the gates activity prohibited or limited by this This final rule is effective on July 24, 1997. adjacent to the installation borders, only subpart. ADDRESSES: Copies of the documents if the procedures outlined below in 32 (b) All persons (military personnel, CFR 552.214 are followed. relevant to this action are available for Department of the Army civilian public inspection during normal § 552.214 Procedures. employees, civilians, and others) may be business hours at the Air, Radiation, (a) Any person or persons desiring to prosecuted for violating the provisions and Toxics Division, U.S. protest, picket, or engage in any other of this subpart. Military personnel may Environmental Protection Agency, similar demonstrations on Aberdeen be prosecuted under the Uniform Code Region III, 841 Chestnut Building, Proving Ground must submit a written of Military Justice. Department of the Philadelphia, Pennsylvania 19107; and request to the Commander, U.S. Army Army civilian employees may be the Virginia Department of Garrison, Aberdeen Proving Ground, prosecuted under 18 U.S.C. 1382, and/ Environmental Quality, 629 East Main ATTN: STEAP–CO, 2201 Aberdeen or disciplined under appropriate Street, Richmond, Virginia 23219. Boulevard, Aberdeen Proving Ground, regulations. Civilians and others may be FOR FURTHER INFORMATION CONTACT: Maryland 21005–5001. The request prosecuted under 18 U.S.C. 1382. Kristeen Gaffney, Ozone/Carbon must be received at least 30 calendar (c) Administrative sanctions may Monoxide and Mobile Sources Section days prior to the demonstration, and it include, but are not limited to, bar (3AT21), USEPA—Region III, 841 must include the following: Chestnut Building, Philadelphia, (1) Name, address, and telephone actions including suspension of access Pennsylvania 19107, or by telephone at number of the sponsoring person or privileges, or permanent exclusion from 215–566–2092 or via e-mail, at the organization. (If it is an organization, Aberdeen Proving Ground. following address: include the name of the point of Dated: June 5, 1997. [email protected]. contact.) Roslyn M. Glantz, (2) Purpose of the event. SUPPLEMENTARY INFORMATION: (3) Number of personnel expected to Colonel, U.S. Army, Aberdeen Proving attend. Ground Garrison Commander. I. Background (4) Proposed date, time, location and [FR Doc. 97–16480 Filed 6–23–97; 8:45 am] Section 182(b)(1) of the Act requires duration of the event. BILLING CODE 3710±08±M ozone nonattainment areas classified as 34000 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations moderate or above to develop plans to The following discussion summarizes in the 15% plan and, instead, Virginia reduce volatile organic compounds and responds to the comments received. resubmitted a new I/M program under (VOC) emissions by fifteen percent from the NHSDA on March 27, 1996. On May Comment 1 1990 baseline levels. The Metropolitan 15, 1997, EPA granted conditional Washington, D.C. area is classified as a SCLDF commented that the Virginia interim approval of Virginia’s I/M serious ozone nonattainment area and is 15% plan must be disapproved because program in the Virginia SIP (62 FR subject to the 15% plan requirement. it failed to produce the 15% emission 26745). Although the SIP approved I/M The Metropolitan Washington, D.C. reduction of 59.9 tons/day identified in program differs from the program ozone nonattainment area consists of the plan as prescribed by section referred to in Virginia’s current 15% the entire District of Columbia (‘‘the 182(b)(1)(A)(i) of the Act. EPA’s plan, EPA has determined that the two District’’), five counties in the Northern argument that it believes that Virginia’s programs achieve a similar amount of Virginia area and five counties in required 15% reduction ‘‘may be lower VOC reduction credit. In approving the Maryland. The Northern Virginia than the 54.4 tons per day’’ is flawed. credits from I/M toward the 15% portion of the nonattainment area Speculation is no substitute for the requirement, EPA is considering the SIP consists of the localities of Arlington, findings EPA must make under sections approved version of the I/M program. Fairfax, Loudoun, Prince William and 110 and 182 of the Act in order to Furthermore, under the NHSDA, all Stafford, and the cities of Alexandria, approve the SIP. Furthermore, EPA states including Virginia are required to Falls Church, Manassas, Manassas Park admits that proper documentation is remodel the credits achieved from their and Fairfax. lacking in the submittal. Lack of I/M program 18 months following documentation and information are Virginia, Maryland and the District all program implementation. Full approval grounds for disapproval. must demonstrate reasonable further of the Virginia 15% plan is also Response: Under section 110(k)(4) of progress for the Metropolitan conditioned on this demonstration of the Act, EPA may conditionally approve credit through remodeling. The 24.6 Washington D.C. nonattainment area. a plan based on a commitment from the Virginia, Maryland and the District, in tons/day reduction claimed in the May state to adopt specific enforceable 15, 1995 15% plan submittal is, conjunction with municipal planning measures within one year from the date organizations, collaborated on a therefore, granted only conditional of approval. EPA believes that the 15% interim approval until the coordinated 15% plan for the required reduction in the Northern Metropolitan Washington D.C. demonstration required under NHSDA Virginia portion of the Metropolitan is submitted by Virginia. nonattainment area. This was done with Washington D.C. nonattainment area the assistance of the regional air quality may be lower than the 59.9 tons/day Comment 3 planning committee, the Metropolitan estimated in the May 15, 1995 SIP SCLDF commented that EPA cannot Washington Air Quality Committee submittal based on new information ignore the November 15, 1996 statutory (MWAQC), and the local municipal supplied by the Commonwealth. deadline for the 15% reduction simply planning organization, the Metropolitan Although this information has not been because the deadline is now behind us. Washington Council of Governments established through an official SIP It contends that EPA’s and states’ (MWCOG), to ensure coordination of air submittal, this information is contained unlawful delays have prevented quality and transportation planning. in Virginia’s rate-of-progress SIP for the compliance with the November 15, 1996 The Commonwealth of Virginia 1996–1999 time period (known as the deadline and that EPA cannot now submitted the 15% plan SIP revision for Post 1996 plan). Virginia has held a jettison the statutory deadlines by the Northern Virginia portion of the public hearing on this SIP, which EPA substituting the ‘‘as soon as practicable’’ Metropolitan Washington D.C. provided comments on for the public test; rather, SCLDF states, EPA must nonattainment area on May 15, 1995. record, and expects to submit it to EPA require compliance with an ‘‘as soon as On March 12, 1997, EPA published a shortly. Under these circumstances— possible’’ test and fix a compliance notice of proposed rulemaking (NPR) in including the fact that the amount of deadline. The commenter cited various the Federal Register proposing emissions at issue is a relatively small court decisions in an effort to support conditional interim approval of the 15% percentage of the 15% requirement— its formulation of the ‘‘as soon as plan (62 FR 11395). EPA’s rationale for EPA has the authority to conditionally possible’’ test. SCLDF further added that granting conditional interim approval to approve Virginia’s 15% SIP, on the 1999 cannot be the shortest possible the Virginia 15% plan for the condition that Virginia submit the timeframe for requiring compliance Metropolitan Washington D.C. requisite documentation. The with I/M in Virginia because nonattainment area and the details of Commonwealth of Virginia has agreed Pennsylvania has shown and EPA the May 15, 1995 submittal are to meet this condition to document that approved that it will achieve the needed contained in the March 12, 1997 NPR, the amount of reduction needed to meet I/M reductions by 1998. the accompanying technical support the 15% requirement is less than 54.4 Response: The case law cited by the document and will not be restated here. tons/day, and has submitted such commenter considers various There is an addendum to the technical commitment in writing. circumstances, such as failure by EPA to support document dated June 9, 1997 promulgate rules on the statutorily available from the Regional Office listed Comment 2 mandated deadline or to take action on in the ADDRESSES section of this The inspection and maintenance (I/M) state failures to make SIP submissions rulemaking. program currently in the 15% plan and on the statutorily mandated deadline. See, e.g., Natural Resources Defense II. Public Comments and EPA estimated to achieve 23.7 tons/day Council v. EPA, 22 F.3d 1125 (D.C. Cir. Responses reduction was renounced by Virginia. The current Virginia I/M program under 1994), Natural Resources Defense EPA received two letters in response the National Highway Systems Council v. Train, 510 F.2d 692 (D.C. Cir. to the March 12, 1997 NPR from the Designation Act of 1995 (NHSDA) is not 1975). These cases articulate various Sierra Club Legal Defense Fund (SCLDF) properly before EPA in the 15% plan. formulations of the standards by which and the New York State Department of Response: Virginia never adopted the the courts establish new deadlines. EPA Environmental Conservation (NYSDEC). former I/M program that was described believes that its formulation of the Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations 34001 standard by which States must achieve For I/M, EPA’s deadline must require 1996 date provided under the 15% the 15% reductions—‘‘as soon as implementation in the shortest time in provisions has passed. Accordingly, practicable’’—is generally consistent which it is logistically possible to get EPA believes that the Commonwealth with the case law. the testing systems up and running. The will comply with the statutory mandate Further, EPA believes that Virginia NHSDA does not mention the 15% plan as long as Virginia achieves the requisite has demonstrated that it has met this or authorize any delay of the level of reductions on an as-soon-as- standard. The notice of proposed achievement of the 15% emission practicable basis after 1996. In rulemaking, the TSD accompanying that reduction. Furthermore, missing the computing the reductions, EPA believes proposal, and an addendum to the TSD November 15, 1996 deadline unlawfully it acceptable for states to count in the record establish that rewards states for failure to meet the reductions from federal measures, such implementation of the I/M program is as deadline by giving them increased as vehicle turnover, that occur after soon as practicable. The main reason for credits under national programs such as November 15, 1996, as long as they are the delays in the development and the Tier I Federal Motor Vehicle Control measures that would be creditable had implementation of Virginia’s 15% SIP Program. SCLDF argues that such an they occurred prior to that date. These relate to its enhanced I/M plan. Most approach unlawfully delays the measures result in VOC emission recently, these enhanced I/M delays achievement of clean air by allowing the reductions as directed by Congress in were closely associated with the states to reduce their own emission the Act; therefore, these measures enactment, in November 1995, of the control efforts by the amount of the should count towards the NHSDA. The NHSDA afforded states the post-November 1996 fleet turnover achievement—however delayed—of the opportunity to revise their I/M plans in benefits. Consequently, EPA must deny 15% VOC reduction goal. a manner that would be treated as the post-November 1996 Tier I credit EPA does not believe states are meeting certain EPA requirements on an and require states to adopt emission obligated as part of the 15% SIP to interim basis. The NHSDA provided reductions to compensate for post-1996 implement further VOC reductions to additional time for the Commonwealth growth in vehicle miles traveled (VMT). offset increases in VOC emissions due to and EPA to develop and process the SCLDF further argues that EPA cannot post-1996 growth. As noted above, the revised I/M plans. The Commonwealth delay the section 182(b)(1) requirement 15% requirement mandates a specific acted expeditiously in developing and for states to account for growth in the level of reductions. By counting the implementing a revised enhanced I/M 15% plans to the Post 1996 rate-of- reductions that occur through measures program. However, the amount of time progress plans, particularly because the implemented pre- and post-1996, SIPs necessary to develop and implement the Post 1996 plans involve potential NOX may achieve this level of reductions. NHSDA I/M program rendered substitution that is not permitted in the Although section 182(b)(1)(A)(i), quoted impossible achieving the 15% reduction VOC-only 15% plans. above, mandates that the SIPs account target by the end of 1996. Response: EPA disagrees with the for growth after 1990, the provision does Moreover, EPA has reviewed other comment. The NHSDA was enacted by not, by its terms, establish a mechanism VOC SIP measures that are at least Congress in November of 1995. Section for how to account for growth, or theoretically available to Virginia, and 348 of this statute provided states’ indicate whether, under the present has concluded that implementation of renewed opportunity to satisfy the circumstances, post-1996 growth must any such measures that might be Clean Air Act requirements related to be accounted for. EPA believes that its appropriate would not accelerate the the network design for I/M programs. current requirements for the 15% SIPs date of achieving the 15% reductions. States were not only granted the meet section 182(b)(1)(A)(i). In addition, EPA agrees with the commenter that flexibility to enact test-and-repair although post-1996 VOC growth is not in this particular case a fixed deadline programs, but were provided additional offset under the 15% SIPs, such growth is appropriate. Accordingly, EPA will time to develop those programs and to must be offset in the Post 1996 plans establish November 15, 1999, as the date submit proposed regulations for interim required for serious and higher by which the 15% measures must be SIP approval. Virginia moved rapidly to classified areas to achieve 9% in VOC implemented to the extent necessary to propose I/M regulations and to submit reductions every three years after 1996 generate the required amount of to EPA on March 27, 1996 a SIP (until the attainment date). Virginia’s reductions. containing those regulations, under the Post 1996 plan for the Northern Virginia The fact that Pennsylvania has authority granted by the NHSDA. portion of the Metropolitan Washington developed an I/M program that will be Under the terms of the 15% D.C. area, which is nearing completion, implemented by the end of 1998 does requirement in section 182(b)(1)(A)(i) of does appear to achieve the 9% not mean that Virginia’s implementation the Act, the SIP must—‘‘provide for emissions reductions required between date of the end of 1999 is not as soon [VOC] emission reductions, within 6 1996 and 1999, taking into account as practicable. For reasons indicated years after the date of enactment of the growth in VOCs during that time. The elsewhere in the record, EPA considers Clean Air Act Amendments of 1990, of fact that these Post 1996 SIPs may the biennial I/M program selected by at least 15 percent from baseline substitute NOX reductions for VOC Virginia to be as soon as practicable, emissions, accounting for any growth in reductions in the 1996 to 1999 period notwithstanding the fact that other emissions after [1990].’’ does not undermine the integrity of the states may choose to implement an EPA interprets this provision to 15% SIPs. Allowing NOX substitution is annual program. An annual program require that a specific amount of VOC fully consistent with the health goals of carries certain practicability problems reductions occur, and has issued the Clean Air Act. that EPA has identified elsewhere in the guidance for computing this amount. Under EPA’s approach, post-1996 record. The Commonwealth, complying with growth will be accounted for in the this guidance, has determined the plans that Congress intended to take Comment 4 amount of the required VOC reductions account of such growth—the Post 1996 SCLDF commented that any further needed to meet the 15% goal. It is no ‘‘rate of progress’’ SIPs. To shift the delays in implementing VOC control longer possible for the Commonwealth burden of accounting for such growth to measures, including most prominently, to implement measures to achieve this the 15% plans, as commenters would enhanced I/M, must not be tolerated. level of reduction as the November 15, have EPA do, would impose burdens on 34002 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations states above and beyond what Congress unpromulgated rules, even with the measures as long as those reductions are contemplated would be imposed by the caveat that the states must revisit the expected to occur by November 1996, 15% requirement (which was intended rule later if the federal rules turn out even if the Federal measures are not to have been achieved by November 15, differently than predicted, amounts to promulgated by the November 1993 due 1996). In the current situation, where it an unlawful extension of a SIP date for the 15% SIPs. is clearly impossible to achieve the submission deadline. SCLDF stated that EPA’s interpretation is consistent target level of VOC reductions (a 15% EPA must base its decision on the with the congressionally mandated reduction taking into account growth record before it at the time of its schedule for promulgating regulations through November 1996) by November decision; not on some record that the for consumer and commercial products, 1996, EPA believes that its approach is agency hopes will exist in the future. under section 182(e) of the Act. This a reasonable and appropriate one. It will Response: Section 182(b)(1)(A) of the provision requires EPA to promulgate still mean that post-1996 growth is Act requires states to submit their 15% regulations controlling emissions from taken into account in the SIP revisions SIP revisions by November, 1993. consumer and commercial products that Congress intended to take into account Section 182(b)(1)(C) of the Act provides generate emissions in nonattainment such growth and it means that the target the following general rule for areas. Under the schedule, by November level of VOC reductions will be creditability of emissions reductions 1993—the same date that the States achieved as soon as practicable. Once towards the 15% requirement: were required to submit the 15% SIPs— the Post 1996 rate of progress plans are ‘‘Emissions reductions are creditable EPA was to issue a report and establish approved and implemented, areas will toward the 15 percent required * * * to a rulemaking schedule for consumer have achieved the same level of progress the extent they have actually occurred, and commercial products. Further, EPA that they were required to have as of (November, 1996), from the was to promulgate regulations for the achieved through the combination of the implementation of measures required first set of consumer and commercial 15% and rate of progress requirements under the applicable implementation products by November, 1995. It is as originally intended by Congress. plan, rules promulgated by the reasonable to conclude that Congress Administrator, or a permit under Title anticipated that reductions from these Comment 5 V.’’ measures would be creditable as part of The commenter notes a discrepancy This provision further indicates that the 15% SIPs, as long as those on the bottom of page 11401 of the certain emissions reductions are not reductions were to occur by November, notice of proposed rulemaking. EPA creditable, including reductions from 1996. asserted it’s belief that the Virginia I/M certain control measures required prior Crediting reductions from federal program ‘‘will achieve 24.6 tons/day of to the 1990 Amendments. measures promulgated after the due date reductions by 1997’’. This is unrealistic This creditability provision is for the 15% SIPs is also sensible from given that EPA states elsewhere in the ambiguous. Read literally, it provides an administrative standpoint. Crediting notice that the Virginia I/M program is that although the 15% SIPs are required the reductions allows the states to plan not starting up until November 1997. to be submitted by November 1993, accurately to meet the 15% reduction Response: The commenter is correct. emissions reductions are creditable as target from the appropriate level of state The notice of proposed rulemaking part of those SIPs only if ‘‘they have and federal measures. Not crediting contained a typographical error in that actually occurred, as of (November such reductions would mean that the the year should have read 1999 instead 1996)’’. This literal reading renders the states would have to implement of 1997. This statement in the proposed provision internally inconsistent. additional control requirements to reach rulemaking is corrected and revised to Accordingly, EPA believes that the the 15% mark; and that SIPs would read: ‘‘Because Virginia’s revised provision should be interpreted to result in more than a 15% level of enhanced I/M program is designed to provide, in effect, that emissions reductions once the federal measures in meet EPA’s high-enhanced performance reductions are creditable ‘‘to the extent question were promulgated and standard and will achieve essentially they will have actually occurred, as of implemented. At that point in time, the the same number of testing cycles (November, 1996), from the state may seek to eliminate those between start-up and November 1999 as implementation of (the specified additional SIP measures on grounds that that modeled in the original 15% plan, measures)’’ (the term ‘‘will’’ is added). they would no longer be necessary to EPA believes that Virginia’s program This interpretation renders the reach the 15% level. Such constant will achieve 24.6 tons/day of reductions provision internally consistent. revisions to the SIP to demonstrate 15% by 1999.’’ Sec. 182(b)(1)(C) of the Act explicitly is a paper exercise that exhausts both includes as creditable reductions those the states’ and EPA’s time and Comment 6 resulting from ‘‘rules promulgated by resources. SCLDF commented that the Virginia the Administrator’’. This provision does The fact that EPA cannot determine 15% plan, which takes credit for federal not state the date by which those precisely the amount of credit available control measures such as architectural measures must be promulgated, i.e., for the federal measures not yet and industrial maintenance coating, does not indicate whether the measures promulgated does not preclude granting consumer/commercial products and must be promulgated by the time the the credit. The credit can be granted as autobody refinishing, should not be 15% SIPs were due (November, 1993), long as EPA is able to develop approved because those federal control or whether the measures may be reasonable estimates of the amount of measures have not yet been promulgated after this due date. VOC reductions from the measures EPA promulgated. SCLDF states that Because the statute is silent on this expects to promulgate. EPA believes allowing such credit violates section point, EPA has discretion to develop a that it is able to develop reasonable 182(b)(1)(C) of the Act. SCLDF further reasonable interpretation, under estimates, particularly because it has commented that EPA cannot lawfully Chevron U.S.A. Inc. v. NRDC, 467 U.S. already proposed and taken comment base SIP decisions on unpromulgated 837, 104 S.Ct. 2778, 81 L.Ed.2d 694 on the measures at issue, and expects to rules because it does not know what (1984). EPA believes it reasonable to promulgate final rules by the spring of these final rules will say. SCLDF interpret section 182(b)(1)(C) of the Act 1998. Many other parts of the SIP, contends that allowing credit on as yet to credit reductions from federal including state measures, typically Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations 34003 include estimates and assumptions precedence with this rulemaking and to used both conditional approval and concerning VOC amounts, rather than propose approval of the Virginia 15% limited approval/disapproval actions for actual measurements. For example, plan when the same deficiencies exist is SIP revisions with technical EPA’s document to estimate emissions, acting in an arbitrary and capricious deficiencies. EPA has the authority to (‘‘Compilation of Air Pollutant Emission manner of treating similar situations in grant conditional approvals at least Factors’’, January 1995, AP–42), provide such a diametrically opposite fashion. when EPA has a reasonable basis to emission factors used to estimate Response: EPA’s proposed approval of believe that the information to correct emissions from various sources and the Virginia 15% plan is not these deficiencies is available and can source processes. AP–42 emission inconsistent with the proposed be implemented by the state within a factors have been used, and continue to disapproval of the Philadelphia 15% 12-month period. EPA has a reasonable be used, by states and EPA to determine plan. On July 10, 1996, EPA proposed basis to believe that the Commonwealth base year emission inventory figures for to disapprove Pennsylvania’s 15% plan of the Virginia has the ability to and will sources and to estimate emissions from for the Philadelphia area because it correct the deficiencies conditioned in sources where such information is would not have achieved sufficient the 15% plan. The Commonwealth has needed. Estimates in the expected reductions to meet the requirements of taken a revised 15% plan through the amount of VOC reductions are section 182(b)(1) of the Act (61 FR public hearing process which addresses commonly made in air quality plans, 36320). EPA did not credit any many of the named deficiencies. even for those control measures that are reductions from Pennsylvania’s Furthermore, Virginia has submitted a already promulgated. Enhanced commitment letter agreeing to meet the Moreover, the fact that EPA is iI/M Program because at the time of the conditions of the conditional approval occasionally delayed in its rulemaking July 10, 1996 rulemaking EPA had and correct the 15% plan within 12 is not an argument against granting disapproved Pennsylvania’s I/M months of this rulemaking. credits from these measures. The 1 submittal. As discussed above, on May Comment 10 measures are statutorily required, and 15, 1997, EPA granted conditional states and citizens could bring suit to interim approval of Virginia’s I/M NYSDEC commented that EPA should enforce the requirements that EPA program in the Virginia SIP (62 FR have addressed the contingency promulgate them. If the amount of credit 26745). Therefore, the factual basis for measure requirements of the Clean Air that EPA allows the state to claim turns EPA’s conditional interim approval of Act in this rulemaking. Response: EPA disagrees with this out to be greater than the amount EPA Virginia’s 15% is not similar to that of comment. Under section 172(b) of the determines to be appropriate when EPA the Philadelphia 15% Plan. In the July Act, areas classified as nonattainment promulgates the federal measures, EPA 10, 1996 proposed disapproval, EPA must include in their nonattainment intends to take appropriate action to credited the measures in Pennsylvania’s plan provisions, contingency measures require correction of any shortfall in 15% Plan towards meeting the rate of to be implemented if an area fails to necessary emissions reductions that progress requirements of the Act even make reasonable further progress or may occur. though they were insufficiently The above analysis focuses on the attain the standard by the applicable documented to qualify for full approval. statutory provisions that include attainment date. In addition, section See, 61 FR 36322. That action is wholly specific dates for 15% SIP submittals 182(c)(9) of the Act requires areas consistent with EPA’s conditional (November, 1993), and implementation classified as serious and above to interim approval of the Virginia 15% (November 15, 1996). These dates have include in their nonattainment SIP plan. expired, and EPA has developed new contingency measures to be dates for submittal and implementation. Comment 8 implemented if a reasonable further EPA does not believe that the expiration NYSDEC commented that EPA should progress (RFP) milestone is not of the statutory dates, and the not be treating this as a Table 3 SIP achieved. development of new ones, has action, because the Sierra Club Legal EPA interprets the provisions of implications for the issue of whether Defense Fund settlement regarding 15% sections 172(b) and 182(c)(9), on the one reductions from federal measures plans in the Philadelphia, Baltimore and hand; and section 182(b)(1)(A) [the 15% promulgated after the date of 15% SIP Washington D.C. ozone nonattainment plan requirement], on the other hand, to approval may be counted toward those areas has national policy implications. be separate and independent provisions 15% SIPs. Although the statutory dates Response: EPA disagrees with this within the Act. Therefore, this have passed, EPA believes that the comment. Delegation authority is an rulemaking addresses EPA’s action on analysis described above continues to be internal agency decision. This the May 15, 1995 15% plan submittal valid. rulemaking action is consistent with only as it adheres to the requirements of Section 182(b)(1)(A) of the Act. There is Comment 7 EPA delegation policy. The authority for decision making and signature of all SIP no obligation to act on the contingency SCLDF commented that EPA measure requirement in this proposed disapproval of the revisions has been delegated to the Regional Administrators. rulemaking. Any submittal that the Philadelphia 15% plan in 1996 because Commonwealth submits to EPA the plan assumed credit from control Comment 9 regarding the contingency measure strategies either not fully adopted, not NYSDEC commented that EPA should requirements of section 172(b) of the creditable under the Clean Air Act, or propose limited approval/limited Act will be handled under a separate which had not been adequately disapproval of this SIP because of its rulemaking action. quantified. Furthermore, EPA proposed technical defects. Comment 11 disapproval of the plan because Response: EPA disagrees with this NYSDEC commented that the Pennsylvania switched I/M programs comment. Historically, the Agency has yet did not revise the 15% plan to redesign of the Virginia I/M test and reflect the differences in the I/M 1 In a letter, dated April 13, 1995, EPA converted repair program claims an effectiveness program description and projected the August 31, 1994 conditional approval of of 93% relative to a centralized emission reductions. EPA set Pennsylvania I/M submittal to a disapproval. program. This implies that the existing 34004 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations basic test and repair program tons/day reduction is, therefore, only nonattainment area to control emissions effectiveness is greater than 50%. The conditionally approved until the from vehicles that commute into the effectiveness of the existing program demonstration is submitted by Virginia nonattainment area. States should rely needs to be re-evaluated and the base as required under NHSDA. primarily on traffic counts to verify the year inventory and 1996 target levels Virginia has committed to complete a commute traffic information for the adjusted to reflect the revised remodeling demonstration in nonattainment area.’’ The effectiveness. accordance with EPA policy on I/M Commonwealth of Virginia initially Response: EPA does not agree with modeling. Virginia has not been allowed made such a showing using the Mobile the commenter that the Commonwealth to deviate from EPA-accepted modeling 5.0a model to determine the amount of should have to re-evaluate the practices, in fact the Commonwealth creditable reductions to be achieved by effectiveness of the existing program. will be required to remodel the program implementing I/M in adjacent Facquier Requiring recalculation of the baseline as designed and implemented, using the County. Therefore, EPA proposed to at this point in time would effectively credit deck specified for its ASM test approve the 0.9 tons/day reduction be requiring the states to hit a moving procedure, as directed by EPA. The 15% creditable through this measure. target, something which EPA feels I/M credits for both the New York However, since the proposed Congress did not intend to happen as a program and the Virginia program are rulemaking was published, EPA has result of the latitude afforded to states calculated with respect to not only the subsequently learned from the under the NHSDA. EPA is willing to I/M program performance standard, but Commonwealth that I/M will not in fact allow states to rely on the baseline more importantly in conjunction with be implemented in Facquier County, modeling previously done for the 15% the amount and type of VMT for each Virginia. The Commonwealth has plans, even though the area. EPA does not lend any credibility removed this measure from the draft Commonwealth’s assessment of the to New York’s argument that EPA is revised 15% plan that it has taken to existing program provides evidence to allowing Virginia to take greater credit public hearing. The Commonwealth is say that the program was more effective with modeling EPA Region II would no longer claiming a 0.9 tons/day than previously demonstrated through find insufficient. The premise of New reduction from I/M in Facquier County modeling. EPA believes a recalculation York’s comment is that EPA has made as a creditable measure in the revised of the I/M baseline credits would be an a decision regarding the amount of 15% plan. In response, EPA is not unreasonable burden to place on states creditable emission reductions from approving the 0.9 tons/day credits in the because the information that suggests New York’s I/M program. In fact, New conditionally approved 15% plan for the need for recalculation did not York State has not yet submitted a 15% northern Virginia. In its commitment become available until well after plan and EPA has not made a decision letter of April 4, 1997 the Virginia completed the 15% regarding the amount of creditable Commonwealth agreed to submit an calculations and submitted the SIP to reduction from the New York I/M amended 15% plan as a SIP revision EPA for approval. See discussion below program. Once New York submits a that will demonstrate using appropriate under comment 16 regarding calculation 15% plan, EPA will evaluate the documentation methodologies and of credits for open burning. amount of credit from New York’s I/M credit calculations that the 54.5 tons/ program. Furthermore, Virginia has day emissions reduction, supported Comment 12 moved forward with final regulations through creditable emissions reduction NYSDEC commented that the viability for an I/M program that has been control measures, satisfies Virginia’s of the cited 24.6 tons/day reduction granted final conditional interim 15% rate of progress requirement for the from Virginia I/M is questionable. The approval, and which is slated to begin Metropolitan Washington D.C. Virginia I/M program is similar to the start-up by November 1997. nonattainment area. EPA interprets this New York I/M program, yet the New commitment to mean that Virginia will Comment 13 York program is an annual one. EPA demonstrate in the revised 15% plan Region III has allowed Virginia to claim NYSDEC commented that EPA cannot submittal that the area will have greater credit for their I/M program than allow credit from an I/M program achieved a 15% reduction in VOCs net Region II has allowed New York to do. outside the nonattainment area of growth, not including the credit This constitutes regional inconsistency. (Facquier County). initially claimed for I/M in Facquier EPA is treating the Virginia I/M program Response: EPA disagrees with this County. more favorably than the New York I/M comment. As a preliminary matter, EPA program by allowing greater credit for a originally relied on policy established in Comment 14 more deficient program. guidance documents for the preparation NYSDEC commented that the Response: EPA has granted of 15% plans in allowing creditable discrepancies in the inventory and conditional interim approval to reductions from the implementation of growth projections in the Virginia plan Virginia’s I/M program under NHSDA. I/M in Facquier County, a county are significant and EPA should not Although the SIP approved I/M program adjacent to but not part of the dismiss these. differs from the program referred to in nonattainment area. Response: EPA is not dismissing the Virginia’s 15% plan, EPA has Specifically, Appendix F (F–10) of discrepancies in the May 15, 1995 determined that the two programs will ‘‘Guidance For Growth Factors, submittal. EPA noted the differences in ultimately achieve a similar amount of Projections, And Control of Strategies the numbers for the mobile source credit. As a condition of this rulemaking For The 15 Percent Rate-Of-Progress category between the base year 1990 however, Virginia is required to remodel Plans’’ [EPA–452/R–93–002, March inventory and the 15% plan inventory. the credits achieved from its I/M 1993] provides examples of additional EPA determined that the discrepancies program using the appropriate inputs mobile source controls which will are insignificant and can be attributed to which accurately reflect the newly achieve creditable emissions reductions rounding errors in the inventory designed program under the NHSDA. necessary to meet 15 percent development process. Additionally, the Full approval of the 15% plan is requirements, net of growth. One Commonwealth is submitting revisions conditioned upon this demonstration of example shown is a ‘‘basic I/M program to the 1990 base year inventory for the credit through remodeling. The 24.6 imposed in areas adjacent to the Northern Virginia portion of the Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations 34005

Washington D.C. nonattainment area as nonattainment area. EPA interprets this (nonmethane emissions) 2 was taken part of the revised 15% plan that went commitment to mean that the from the same table. to public hearing. These revisions to the Commonwealth will demonstrate in the 1824 acres/year * 1 year/365days * 70 1990 base year inventory will be revised 15% plan submittal that the area tons/acre fuel = 349.9 tons/day reviewed and acted upon once the will have achieved a 15% reduction in burned submittal is made. VOCs net of growth, notwithstanding 349.9 tons/day * 19 lbs/ton VOC * .0005 Regarding growth projections, EPA is the credit claimed for implementing tons/1 lb = 3.32 lbs VOC/day emission conditioning approval of the plan and Stage I controls in Loudoun County. The Fourth Edition (1987) of AP–42 requiring Virginia to revise its growth was the current edition when the estimates as a condition for full The Commonwealth and EPA Commonwealth prepared the 1990 base approval. Revising the plan to account originally believed that there were no year inventory and the 15% plan. EPA’s for growth in point sources between RACT fix-ups that resulted in emission applicable guidance does not require 1990 and 1996 will, in fact, change the reductions in the northern Virginia area that a base year inventory, target level budget contained in the 15% plan and and claimed zero in the target level calculation and, hence, other aspects of the amount of emission reductions calculation for the area. Although the a 15% plan be revisited due to required to offset growth. EPA has also effects of this revision to the target level insignificant changes in emission factors conditioned full approval of the 15% may be minimal and insignificant, that become available after submission plan on a demonstration to be provided nevertheless, Stage I reductions in of the plan. 3 The Commonwealth of by Virginia that point source growth be Loudoun County should be deducted Virginia took the 15% plan to hearing in determined and offset with an from the target level in accordance with November 1993. The commenter quotes equivalent amount of emission EPA guidance and policy on target level information from the Fifth Edition of reductions. calculations. EPA interprets Virginia’s AP–42 which was released during 1995 commitment letter to mean that Virginia Comment 15 well after preparation and submission of will recalculate the target level for the the 15% plan. NYSDEC commented that the Stage I northern Virginia area to account for The 15% plan for the Northern credits in Loudoun County should not these reductions from the RACT fix-up Virginia portion of the Washington D.C. be allowed; this was a noncreditable rule. nonattainment area claimed no growth reasonably available control technology in emissions in the open burning Comment 16 (RACT) fix-up. category for the period 1990–1996. Response: The commenter is correct Virginia applied the default rule in this statement. Virginia claimed a NYSDEC commented that the inventory data and emission factors for compliance value of 80% to the 1990 total of 0.5 tons/day emission reduction baseline daily emissions of 3.3 tons/day. from the implementation of Stage I open burning do not support Virginia’s claim of 2.6 tons/day credit. The resulting estimated emissions controls in Loudoun and Stafford reduction from the ban on open burning counties in the nonattainment area. In Response: EPA does not agree with is 2.64 tons/day. EPA is approving this 1988 EPA made a SIP call to the this comment. The Commonwealth of amount of emission reduction credit in Commonwealth of Virginia to among Virginia used the available data at the the Virginia 15% plan because the other requirements, require Stage I VOC time to compute emission reductions Commonwealth used the appropriate controls in Loudoun County. This was, from controls on open burning. methodology for estimating emissions in fact, part of the RACT Fix-Ups SIP Additional information regarding the and has properly adopted and call. The Act does not allow reductions emissions inventory for the open implemented the open burning rule in from RACT Fix-Ups to be creditable burning category can be found in the nonattainment area. toward the 15% plans. Therefore, the Virginia’s SIP submittal for the 1990 0.23 tons/day emissions reductions Base Year VOC Emissions Inventory for III. Conditional Interim Approval associated with implementing Stage I the area, which EPA approved on EPA has evaluated Virginia’s May 15, controls in Loudoun County are not September 16, 1996. Using information 1995 submittal for consistency with the creditable toward the Virginia 15% from the inventory and the appropriate Act, applicable EPA regulations, and plan, and EPA is not approving these methodology at the time from EPA’s EPA policy and determined, as credits in the conditionally approved Compilation of Air Pollutant Emission documented in the March 12, 1997 NPR 15% plan for Northern Virginia. Factors (AP–42), Fourth Edition (1987), that, on its face, the 15% plan for However, the remaining 0.26 tons/day EPA has determined that Virginia Northern Virginia portion of the associated with implementing Stage I correctly computed the amount of Metropolitan Washington D.C. area emission controls in Stafford County are emission reductions resulting from the achieves the required 15% VOC a creditable reduction in the 15% plan, open burning control strategy. Virginia’s because Stafford County was added to open burning rule bans all burning of 2 According to AP–42, nonmethane VOC the nonattainment area in the 1991 construction waste, debris waste and emissions from unspecified forest residues could designations and not subject to the pre- demolition waste. include olefins, acetylene, aldehydes, ketones, 1990 RACT fix-up requirements. In its aromatics, cycloparaffins, and other saturates. Not Using information collected through all VOC emissions are necessarily ozone precursors. commitment letter of April 4, 1997 the However, in the absence of more specific Commonwealth agreed to submit an permits issued for open burning, information and for the purposes of emissions amended 15% plan as a SIP revision Virginia estimates that 1,824 acres are inventory development, all non-methane VOC that will demonstrate using appropriate burned annually in the nonattainment emissions from open burning categories are assumed to be ozone precursors. documentation methodologies and area. The fuel loading factor of 70 tons/ acre was taken from AP–42, Table 2.4– 3 See section 2.3 of ‘‘Guidance on the Adjusted credit calculations that the 54.5 tons/ Base Year Emissions Inventory and the 1996 Target day emissions reduction, supported 5, category ‘‘forest residues— for 15 Percent Rate of Progress Plans’’ (EPA–452/ through creditable emissions reduction unspecified’’ (the appropriate category R–92–005, October 1992); and ‘‘State control measures, satisfies Virginia’s for landclearing debris associated with Implementation Plans; General Preamble for the construction projects). The VOC Implementation of Title I of the Clean Air Act 15% rate of progress requirement for the Amendments of 1990; Proposed Rule’’, 57 Federal Metropolitan Washington D.C. emission factor of 19 lbs/ton burned Register 13498 and 13508 (April 16, 1992). 34006 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations emission reduction to meet Virginia’s 4. Virginia must submit a SIP revision Virginia has met conditions 1 through 4 portion of the regional multi-state plan amending the 15% plan with a of this rulemaking. If the conditions are to satisfy the requirements of section demonstration using appropriate not met within 12 months of today’s 182(b)(1) of the Act. However, there are documentation methodologies and rulemaking, this rulemaking will measures included in the Virginia 15% credit calculations that the 54.5 tons/ convert to a disapproval. Once Virginia plan, which may be creditable towards day reduction, supported through satisfies the conditions of the I/M the Act requirement, but which are creditable emission reduction measures rulemaking and receives final interim insufficiently documented for EPA to in the submittal, satisfies Virginia’s 15% approval of I/M, EPA will grant final take action on at this time. While the ROP requirement for the Metropolitan interim approval of the 15% plan, amount of creditable reductions for Washington D.C. nonattainment area. (assuming that the other conditions certain control measures has not been After making all the necessary have been met). Conversely, if EPA adequately documented to qualify for corrections to establish the creditability disapproves the Virginia I/M program, Clean Air Act approval, EPA has of chosen control measures, Virginia EPA’s conditional interim approval of determined that the submittal for must demonstrate that 15% emission the 15% plan would also convert to a Northern Virginia portion of the reduction is obtained in the Northern disapproval. EPA would notify Virginia Metropolitan Washington D.C. area Virginia portion of the Metropolitan by letter that the conditions have not contains enough of the required Washington D.C. nonattainment area as been met and that the conditional structure to warrant conditional interim required by section 182(b)(1) of the Act interim approval of the 15% plan has approval. EPA cannot grant full and in accordance with EPA’s policies converted to a disapproval. Each of the approval of the Virginia 15% rate-of- and guidance issued pursuant to section conditions must be fulfilled by Virginia progress plan under section 110(k)(3) 182(b)(1). and submitted to EPA as an amendment and Part D of the Clean Air Act. Instead, IV. Final Action to the SIP. If Virginia corrects the EPA is granting conditional interim deficiencies within one year of approval of this SIP revision under EPA is today granting conditional conditional interim approval, and section 110(k)(4) of the Act, because the interim approval of the Northern submits a revised 15% plan as a SIP Commonwealth must meet the specified Virginia 15% plan as a revision to the revision, EPA will conduct rulemaking conditions and supplement its submittal Virginia SIP. EPA is granting approval on that revision. to satisfy the requirements of section to emission credits for the Virginia 15% Nothing in this action should be 182(b)(1) of the Act regarding the 15 plan on an interim basis, pending construed as permitting or allowing or percent rate-of-progress plan, and verification of Virginia’s I/M program’s establishing a precedent for any future because the Commonwealth must performance, pursuant to section 348 of request for revision to any state supplement its submittal and the NHSDA. The interim approval of the implementation plan. Each request for demonstrate it has achieved the 15% plan will expire at the end of 18 revision to the state implementation required emission reductions. months following EPA’s final plan shall be considered separately in The March 12, 1997 NPR listed the conditional interim rulemaking of light of specific technical, economic, conditions that Virginia must meet in Virginia’s I/M program which was and environmental factors and in order to convert the conditional published in the Federal Register on relation to relevant statutory and approval to full approval. In an April 4, May 15, 1997. The interim approval will regulatory requirements. 1997 letter to EPA, the Commonwealth be replaced by appropriate EPA action The Office of Management and Budget committed to meet all the conditions based on the evaluation EPA receives (OMB) has exempted this regulatory listed in the NPR within 12 months of concerning the I/M program’s action from E.O. 12866 review. final conditional approval. The performance. If the evaluation indicates Under the Regulatory Flexibility Act, conditions from the NPR are restated a shortfall in emission reductions 5 U.S.C. 600 et seq., EPA must prepare here. The Commonwealth of Virginia compared to the remodeling that the a regulatory flexibility analysis must fulfill the following conditions by 15% plan is conditioned on, the assessing the impact of any proposed or no later than June 24, 1998: Commonwealth will need to find final rule on small entities. 5 U.S.C. 603 1. Virginia’s 15% plan must be additional emission credits. Failure of and 604. Alternatively, EPA may certify revised to account for growth in point the Commonwealth to make up for an that the rule will not have a significant sources from 1990–1996. emission shortfall from the enhanced impact on a substantial number of small 2. Virginia must meet the conditions I/M program may subject the entities. Small entities include small listed in the November 6, 1996 proposed Commonwealth to sanctions and businesses, small not-for-profit conditional interim Inspection and imposition of a Federal Implementation enterprises, and government entities Maintenance Plan (I/M) rulemaking Plan. EPA has already approved the with jurisdiction over populations of notice, and the I/M reductions using the Virginia enhanced I/M program on a less than 50,000. following two EPA guidance memos: conditional interim basis. This approval SIP approvals under section 110 and ‘‘Date by which States Need to Achieve of the Virginia enhanced I/M program subchapter I, part D of the Clean Air Act all the Reductions Needed for the 15 was taken under section 110 of the Act do not create any new requirements but Percent Plan from I/M and Guidance for and, although the credits provided by simply approve requirements that the Recalculation,’’ note from John Seitz this program may expire, the approval State is already imposing. Therefore, and Margo Oge, dated August 13, 1996, of the I/M regulations does not expire. because the Federal SIP approval does and ‘‘Modeling 15 Percent VOC As explained above, the credits not impose any new requirements, the Reductions from I/M in 1999— provided by the enhanced I/M program EPA certifies that it does not have a Supplemental Guidance’’, memorandum on an interim basis for the 15% plan significant impact on any small entities from Gay MacGregor and Sally Shaver, may be adjusted based on EPA’s affected. Moreover, due to the nature of dated December 23, 1996. evaluation of the enhanced I/M the Federal-State relationship under the 3. Virginia must remodel to determine program’s performance. Act, preparation of a flexibility analysis affirmatively the creditable reductions This rulemaking action is a would constitute Federal inquiry into from RFG, and Tier 1 in accordance conditional interim approval that will the economic reasonableness of state with EPA guidance. not convert to full approval until action. The Clean Air Act forbids EPA Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations 34007 to base its actions concerning SIPs on approves pre-existing requirements contingencies, for an interim period. such grounds. Union Electric Co. v. U.S. under State or local law, and imposes The conditions for approvability are as EPA, 427 U.S. 246, 255–66 (1976); 42 no new requirements. Accordingly, no follows: U.S.C. 7410(a)(2). additional costs to State, local, or tribal (1) Virginia’s 15% plan must be Conditional approvals of SIP governments, or to the private sector, revised to account for growth in point submittals under section 110 and result from this action. sources from 1990–1996. subchapter I, part D of the Act do not Under 5 U.S.C. 801(a)(1)(A) as added (2) Virginia must meet the conditions create any new requirements but simply by the Small Business Regulatory listed in the November 6, 1996 proposed approve requirements that the State is Enforcement Fairness Act of 1996, EPA conditional interim Inspection and already imposing. Therefore, because submitted a report containing this rule Maintenance Plan (I/M) rulemaking the Federal SIP approval does not and other required information to the notice, remodel the I/M reductions impose any new requirements, EPA U.S. Senate, the U.S. House of using the following two EPA guidance certifies that it does not have a Representatives and the Comptroller memos: ‘‘Date by which States Need to significant impact on any small entities General of the General Accounting Achieve all the Reductions Needed for affected. Moreover, due to the nature of Office prior to publication of the rule in the 15 Percent Plan from I/M and the Federal-State relationship under the today’s Federal Register. This rule is Guidance for Recalculation,’’ note from Act, preparation of a flexibility analysis not a ‘‘major rule’’ as defined by 5 John Seitz and Margo Oge, dated August would constitute Federal inquiry into U.S.C. 804(2). 13, 1996, and ‘‘Modeling 15 Percent the economic reasonableness of state Under section 307(b)(1) of the Clean VOC Reductions from I/M in 1999— action. The Clean Air Act forbids EPA Air Act, petitions for judicial review of Supplemental Guidance’’, memorandum to base its actions concerning SIPs on this action, pertaining to the final from Gay MacGregor and Sally Shaver, such grounds. Union Electric Co. v. U.S. conditional interim approval of the 15% dated December 23, 1996. EPA, 427 U.S. 246, 255–66 (1976); 42 plan for the Northern Virginia portion of (3) Virginia must remodel to U.S.C. 7410(a)(2). the metropolitan Washington D.C. area, determine affirmatively the creditable If the conditional approval is must be filed in the United States Court reductions from RFG, and Tier 1 in converted to a disapproval under of Appeals for the appropriate circuit by accordance with EPA guidance. section 110(k), based on the State’s August 25, 1997. Filing a petition for (4) Virginia must submit a SIP failure to meet the commitment, it will reconsideration by the Administrator of revision amending the 15% plan with a not affect any existing state this final rule does not affect the finality demonstration using appropriate requirements applicable to small of this rule for the purposes of judicial documentation methodologies and entities. Federal disapproval of the state review nor does it extend the time credit calculations that the 54.5 tons/ submittal does not affect its state- within which a petition for judicial day reduction, supported through enforceability. Moreover, EPA’s review may be filed, and shall not creditable emission reduction measures disapproval of the submittal does not postpone the effectiveness of such rule in the submittal, satisfies Virginia’s 15% impose a new Federal requirement. or action. This action may not be ROP requirement for the Metropolitan Therefore, EPA certifies that this challenged later in proceedings to Washington D.C. nonattainment area. disapproval action does not have a enforce its requirements. (See section [FR Doc. 97–16510 Filed 6–23–97; 8:45 am] significant impact on a substantial 307(b)(2).) number of small entities because it does BILLING CODE 6560±50±P not remove existing requirements nor List of Subjects in 40 CFR Part 52 does it substitute a new federal Environmental protection, Air ENVIRONMENTAL PROTECTION requirement. pollution control, Hydrocarbons, Ozone. AGENCY Under Section 202 of the Unfunded Dated: June 13, 1997. Mandates Reform Act of 1995 40 CFR Part 271 (‘‘Unfunded Mandates Act’’), signed W. Michael McCabe, [FRL±5845±1] into law on March 22, 1995, EPA must Regional Administrator, Region III. prepare a budgetary impact statement to Chapter I, title 40, of the Code of accompany any proposed or final rule Maine; Final Authorization of State Federal Regulations is amended as Hazardous Waste Management that includes a Federal mandate that follows: may result in estimated costs to State, Program Revisions local, or tribal governments in the PART 52Ð[AMENDED] AGENCY: Environmental Protection aggregate; or to private sector, of $100 1. The authority citation for part 52 Agency (EPA). million or more. Under Section 205, ACTION: Immediate final rule. EPA must select the most cost-effective continues to read as follows: and least burdensome alternative that Authority: 42 U.S.C. 7401–7671q. SUMMARY: The State of Maine has achieves the objectives of the rule and applied for final authorization for is consistent with statutory Subpart VVÐVirginia revisions to its hazardous waste requirements. Section 203 requires EPA 2. Section 52.2450 is amended by program under the Resource to establish a plan for informing and adding paragraph (e) to read as follows: Conservation and Recovery Act (RCRA). advising any small governments that Maine’s revisions address many of the may be significantly or uniquely § 52.2450 Conditional approval. rules that were promulgated by the impacted by the rule. * * * * * Environmental Protection Agency (EPA) EPA has determined that the approval (e) The Commonwealth of Virginia’s between July 1, 1984 and June 30, 1990. action promulgated does not include a May 15, 1995 submittal for the 15 These rules are contained in Non- Federal mandate that may result in Percent Rate of Progress Plan (15% HSWA Clusters I through VI and HSWA estimated costs of $100 million or more plan) for the Northern Virginia portion Clusters I and II. The specific RCRA to either State, local, or tribal of the Metropolitan Washington D.C. program revisions for which Maine is governments in the aggregate, or to the ozone nonattainment area, is seeking authorization are listed in the private sector. This Federal action conditionally approved based on certain table in section C of this document. 34008 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations

Region I EPA has reviewed Maine’s later apply for final authorization for the that Maine’s hazardous waste program application and has made a decision, HSWA requirements. revisions satisfy all of the requirements subject to public review and comment, Revisions to State hazardous waste necessary to qualify for final that Maine’s hazardous waste program programs are necessary when Federal or authorization. Consequently, EPA is revisions satisfy all the requirements State statutory or regulatory authorities granting final authorization to Maine for necessary to qualify for final are modified, or when certain other the program revisions contained in its authorization. Also, the EPA views changes occur. Most commonly, State final authorization application, subject these revisions as non-controversial and program revisions are necessitated by to further review if there are adverse anticipates no adverse comments. Thus, changes to EPA’s regulations in 40 CFR public comments. The public may EPA is approving Maine’s hazardous parts 260–266, 268, 124, 270, 273, and submit written comments on EPA’s waste program revisions, effective in 279. immediate final rule up until the close sixty (60) days, unless adverse B. Maine’s Application of business on July 24, 1997. Copies of comments pertaining to the State’s Maine’s application for program revisions are received within the next The State of Maine received final revision are available for inspection and thirty (30) days. authorization to implement its copying at the locations indicated in the DATES: Final authorization for Maine hazardous waste management program ADDRESSES section of this document. shall be effective on August 25, 1997 on May 6, 1988 with an effective date Approval of Maine’s program revision unless EPA publishes a prior Federal of May 20, 1988. (See: 53 FR 16264, May shall become effective in sixty (60) days Register action withdrawing this 6, 1988.) Between November 1994 and unless adverse comments pertaining to immediate final rule. All comments on August 1995 Maine submitted a draft the State’s program revisions are Maine’s program revision application program revision application for many received by the end of the thirty day must be received by the close of of the rules promulgated by the EPA (30-day) comment period. If adverse business on July 24, 1997. between July 1, 1984 and June 30, 1990 comments are received, EPA will and adopted by Maine in March 1994. ADDRESSES: Copies of Maine’s program publish either: (1) A withdrawal of the revision application are available for Maine submitted its final application for immediate final decision; or (2) a notice inspection and copying at the following these revisions on February 28, 1997 containing a response to comments addresses: (1) Maine Department of and is today seeking approval of its which either affirms that the immediate Environmental Protection, Hospital program revisions in accordance with final decision takes effect or reverses the Street, Augusta, Maine, 94333. Phone: 40 CFR 271.21(b)(3). decision. The EPA has carefully reviewed the (207) 287–2651. Business Hours: 8:00 To be considered equivalent to the A.M. to 5:00 P.M., Monday through submitted Maine regulations and has Federal program, a state is required to Friday, and (2) U.S. EPA Region I determined that they are equivalent to, control all hazardous wastes identified Library, One Congress Street, 11th no less stringent than, and consistent under 40 CFR 261 at least as stringently Floor, Boston, Massachusetts, 02203, with the Federal program. During the as the Federal program; however, states, Phone: (617) 565–3300. Business Hours: review process, EPA noted three under section 3009 of the Resource 8:30 A.M. to 4:30 P.M., Monday through typographical errors that Maine, in its Conservation and Recovery Act (RCRA), Friday. Written comments should be Memorandum of Agreement (MOA) are entitled to be more stringent than sent to Geri Mannion at the address (required under 40 CFR part 271) with the Federal program. Provisions that are below. the EPA, has agreed to correct during its more stringent are federally enforceable. next rulemaking. This agreement, and The Maine program is more stringent FOR FURTHER INFORMATION CONTACT: Geri EPA’s determination that the State’s than the Federal program in several Mannion, U.S. EPA Region I, (CHW), typographical errors do not materially respects. On January 4, 1985 (50 FR 614) J.F.K. Federal Building, Boston, impact the Agency’s equivalency EPA promulgated a rule clarifying the Massachusetts, 02203–2211, Phone: determination, support EPA’s decision extent of EPA’s jurisdiction over (617) 565–3607. to grant Maine final authorization at this hazardous waste recycling activities and SUPPLEMENTARY INFORMATION: time. The errors noted in the MOA that set the regulatory regime for recycling activities subject to the Agency’s A. Background are to be corrected in Maine’s next rulemaking are described below: jurisdiction and indicated in its States with final authorization under (1) The spelling of ‘‘diisocyanate’’ and regulations that certain types of recycled section 3006(b) of the Resource ‘‘toluenediamine’’ in the listing for K116 hazardous secondary materials are not Conservation and Recovery Act at Hazardous Waste Management Rules, RCRA solid or hazardous wastes (50 FR (‘‘RCRA’’ or ‘‘the Act’’), 42 U.S.C. 06–096 CMR 850.3C3; 614). Maine’s definition of waste at 6929(b), have a continuing obligation to (2) The spelling of ‘‘absorbent’’ in the CMR 850.3A2 is more stringent because maintain a hazardous waste program description of K132 at 06–096 CMR it regulates all hazardous wastes in the that is equivalent to, no less stringent 850.3C3 and, same manner and makes no distinctions than, and consistent with the Federal (3) The numbering of ‘‘U159’’ 2- as to whether they are recycled, reused, hazardous waste program. In addition, Butanone (I,T) at 06–096 CMR 850.3C4f. disposed of, or treated. Any material as an interim measure, the Hazardous In addition to the EPA’s review of the which is defined as hazardous waste is and Solid Waste Amendments of 1984 State’s revised hazardous waste regulated by Maine as a hazardous (Public Law 98–616, November 8, 1984, regulations, EPA consulted closely with waste (unless it is specifically excluded hereinafter ‘‘HSWA’’) allows States to the State regarding its draft Attorney in CMR 850.3A4). Further Maine’s revise their programs to become General’s Statement, draft Program regulations do not grant variances from substantially equivalent instead of Description, and its MOA with EPA, all the classification of solid was for certain equivalent to RCRA requirements required under 40 CFR part 271. On recycled wastes as provided in 40 CFR promulgated under HSWA authority. February 28, 1997, pursuant to 40 CFR 260.30 (a)–(c) or variances for wastes States exercising the latter option part 271, the State submitted its final being accumulated for recycling as receive ‘‘interim authorization’’ for the authorization application to EPA. The provided in 40 CFR 260.40 and 260.42. HSWA requirements under section Region has reviewed Maine’s final Maine’s revised program is also more 3006(g) of RCRA, 42 U.S.C. 6926(g), and application, and has made a decision stringent than the Federal program in Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations 34009 the following areas: (1) Maine has not Status of Federal Permits these permits as necessary to require adopted the exemption for used oil EPA will suspend the further issuance compliance with its approved program. established at 40 CFR 261.6(a)(3)(iii), (2) of RCRA and HSWA permits in the State C. Program Elements Maine did not adopt the Resource of Maine for those provisions for which Recovery Facility provision under the State receives final authorization on The specific RCRA program revisions household hazardous wastes exclusion the effective date of this authorization. for which the State of Maine is at 40 CFR 261.4(b)1, and (3) it did not EPA will retain lead responsibility for authorized today are listed in the Table adopt the delisting of federally listed the issuance, administration, and below. The Federal requirements in the wastes provision at 40 CFR 260.22(a). enforcement of those HSWA provisions Table are identified by their checklist in the State of Maine for which the State Some portions of Maine’s revised numbers and rule descriptions. The does not receive authorization. In program are broader in scope than the following abbreviations are used in the addition, EPA will continue to Federal program, and thus are not Table: CFR = Code of Federal administer and enforce any RCRA and Regulations; MOA = Memorandum of federally enforceable. For example, at HSWA permits, or portions of permits, Agreement between the State of Maine CMR 850.3C2b Maine lists it has issued in Maine until the State, and the EPA; MRSA = Maine Revised Polychlorinated biphenyl (PCBs) as a after receiving authorization for those hazardous waste; EPA does not. At CMR provisions, issues permits for these Statutes Annotated; AG = Attorney 850.3C4e and 850.3C4f, Maine lists facilities which are equivalent to the General Statement. The state analogues certain discarded commercial chemical federal permits, or until the State listed in the table below are taken from products as hazardous wastes which are incorporates the terms and conditions of Maine’s 06–096 Code of Maine not listed by EPA at 40 CFR 261.33(e) the federal permits into the State RCRA Regulations (CMR) Chapters 850–857, and (f). These wastes are indicated with permits in accordance with its Hazardous Waste Management Rules; an asterisk in Maine’s listing. authorized program. Chapter 860, Waste Oil Management Additionally, the following wastes are The State of Maine will assume lead Rules; Chapter 2, Rules Concerning the listed in CMR 850.3C4e and f by Maine responsibility for issuing permits in the Processing of Applications; and Chapter as hazardous, but not by the EPA: P154, State for those program areas authorized 30, Special Regulations for Hearings on P158, P145, P107, P139, U139. today. The State will review all State Applications of Significant Public issued permits, and modify or reissue Interest.

Federal requirements State authorities

NON±HSWA Cluster I (AI) State Availability of Information, HSWA § 3006(f), 11/8/84 ...... 1 MRSA §§ 402.3, 408, 409, 38 MRSA § 1310±B, MOA. (9) Household Waste: 49 FR 44978±44980, 11/13/84 ...... 850.3A4avii. (11) Corrections to Test Methods Manual: 49 FR 47390±47391, 12/4/84 ...... 850 Appendix III, XI, 850.3B1c, 2ai, iii, 3ai, ii, 5a. (12) Satellite Accumulation: 49 FR 49568±49572, 12/20/84 ...... 851.8C. (13) Definition of Solid Waste: 50 FR 614±668, 1/4/85; as amended on 4/11/85 at 854.3M, 850.3A2, 856.11A5av, 850.3A4xiii, xvi, xviii, xv; 50 FR 14216±14220 and 8/20/85, 50 FR 33541±33543. Basis Statement, 850.3A5, 856.11A4, 5, 850.3A2, 6, 10, 11; 856.11A6, 9, 860, 853, 857, 851, 854, 850.3C2, 4, 856.4A, C, 5A; 854.13, 855.9J, 860.4D, 856.11A9. (15) Interim Status Standards for Treatment, Storage, and Disposal Facilities: 50 855.9E, G, H. FR 16044±16048, 4/23/85. NON±HSWA Cluster II (24) Financial Responsibility: Agreement: See 24 (Amended) at Non-HSWA VI: Maine is adopting the amended version of this checklist, CL 24A (26) Listing of Spent Pickle Liquor (K062): 51 FR 19320±19322, 5/28/86; as 850.3C3. amended 9/22/86 at 51 FR 33612. Non-HSWA Cluster III (MW) Radioactive Mixed Waste: 51 FR 24504, 7/3/86 ...... AG Statement, 850.3Aaiib, 850.4Aav. (27) Liability Coverage; Corporate Guarantee: 51 FR 25350±25356, 7/11/86 ...... 854.6C16, 16e. (28N) Standards for Hazardous Waste Storage and Treatment Tank Systems: 51 854.3A, C, E, G, I, P, Q, U, Y, Z, HH, KK, PP, QQ; 851.8B2, FR 25422±25486, 7/14/86; as amended on 8/15/86 at 51 FR 29430±29431. 11, 851, 854.6C5, 9b, 15, 16; 854.12B1, C2, 5, 7, 9, 13; D, E3, G, 855.9A3, 5, 9b, 15, 16; 855.9D, 856.10B, E. (29) Corrections to Listing of Commercial Chemical Products and Appendix VIII Superseded by CL 46 at Non-HSWA IV. Constituents: 51 FR 28296±28310, 8/6/86. (35) Revised Manual SW±846; Amended Incorporation by Reference: 52 FR 850 Appendix I through XI. 8072±8073, 3/16/87. (36) Closure/Post-closure Care for Interim Status Surface Impoundments: 52 FR 855.9E2, 3. 8704±8709, 3/19/87. (37) Definition of Solid Waste; Technical Corrections: 52 FR 21306±21307, 6/5/87 850.3A2, 3C4. (38) Amendments to Part B Information Requirements for Disposal Facilities: 52 856.10B16g, h. FR 23447±23450, 6/22/87; as amended on 9/9/87 at 52 FR 33936. Non-HSWA Cluster IV (40) List (Phase 1) of Hazardous Constituents for Ground-Water Monitoring: 52 854.8D2, 854 Appendix IX, 856.10B16dii. FR 25942±25953, 7/9/87. (41) Identification and Listing of Hazardous Waste: 52 FR 26012, 7/10/87 ...... 850.3C4c. (43) Liability Requirements for Hazardous Waste Facilities; Corporate Guarantee: 854.6C16e, 855.9A16. 52 FR 44314±44321, 11/18/87. (45) Hazardous Waste Miscellaneous Units: 52 FR 46946±46965, 12/10/87 ...... 854.5E, 854.3R, W, 854.6A, 6C5, 6C9b, 6C15, 6C16, 854.7A, 854.15A, B, C, D, 856.10B, 856.10J1, a, b, c, 10J2. 34010 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations

Federal requirements State authorities

(46) Technical Corrections; Identification and Listing of Hazardous Waste: 53 FR 850.3C4, 3C4f, 850 Appendix VIII. 13382±13393, 4/22/88. Non-HSWA Cluster V (49) Identification and Listing of Hazardous Waste; Treatability Studies Sample 850.3A4b, bi, bii, biii, 3A4c. Exemption: 53 FR 27290±27302, 7/19/88. (52N) Hazardous Waste Management System; Standards for Hazardous Waste 856.3B.6D, 854.6C15, 12B, 12E3, 5, 855.9A15, 9D. Storage and Treatment Tank Systems: 53 FR 34079±34087, 9/2/88. (53) Identification and Listing of Hazardous Waste; and Designation, Reportable 850.3C3, 850 Appendix VII. Quantities, and Notification: 53 FR 35412±35421, 9/13/88. (55) Statistical Methods for Evaluating Ground-Water Monitoring Data from Haz- 854.8D2, 4, 854.8A3. ardous Waste Facilities: 53 FR 39720±39731, 10/11/88. (58) Standards for Generators of Hazardous Waste: 53 FR 45089±45093, 11/8/88 857.4. (59) Hazardous Waste Miscellaneous Units; Standards Applicable to Owners and 856.10B. Operators: 54 FR 615±617, 1/9/89. (60) Amendment to Requirements for Hazardous Waste Incinerator Permits: 54 856.10D2. FR 4286±4288, 1/30/89. (61) Changes to Interim Status Facilities for Hazardous Waste Management Per- 856.5F, 10A1, 10A12, 12A3, 12B, 12C, 12G, 38 MRSA mits; Procedures for Post-closure Permitting: 54 FR 9596±9609, 3/7/89. § 1319±R(6), S(5), 855.6, 6B, 6D, 6D1, 2, 855.7E, F. Non-HSWA Cluster VI (24A) Financial Responsibility; Settlement Agreement: 51 FR 16422±16459, 5/2/ 854.3B, 3J, 3N, 3AA, 6C15, 6C16, 855.9A15, 9A15e, f, g, 86. 9A16, 855.6B, 856.10B, 13A11. (65) Mining Waste Exclusion I: 54 FR 36592±36642, 9/1/89 ...... 850.3A3bii, biii, 3A4aix NOTE, 200.1H, UU. (67) Testing and Monitoring Activities: 54 FR 40260±40269, 9/29/89 ...... 850 Appendix III, Appendix III Table 2, Table 3. (70) Changes to Part 124 Not Accounted for by Present Checklists: 48 FR 856.5A, B, C, D, 10A1, 2, 3, 12, 13, 14, 15, 16, 20, 12A, B, 14146±14295, 4/1/83; 48 FR 30113±30115, 6/30/83; 53 FR 28118±28157, 7/ C, I, 13A, A7, 13C, 15 13A7, 13C, 2.18, 30.5B, C, 7, 21, 26/88; 53 FR 37396±37414, 9/26/88; 54 FR 246±258, 1/4/89. 856.5A, B. HSWA Cluster I (SR1) Existing and newly regulated surface impoundments; HSWA AG Statement XVI.1(1). § 3005(j)(1)&(6), 11/8/84. (SR2) Variance under § 3005(j) (2)±(9) & (13); HSWA § 3005(j) (2)±(9), 11/8/84 ... AG Statement XVI.1(3). (14) Dioxin Waste Listing and Management Standards: 50 FR 1978±2006, 1/14/ 850.3A5c, 3C, 3C4, 3A7, 850 Appendix III, VII, VIII, X, 85. 854.8C, 10C10, 11B1, 12B1, 12B3, 9E, 855.5B6, 9I, 9J, 856.10B, C, E, F, G. (16) Paint Filter Test: 50 FR 18370±18375, 4/30/85 ...... 854.6C3, 5, 9, 855.9A3, 9, 855.9H. (SI) Sharing of Information with Agency for Toxic Substances and Disease Reg- AG Statement XVIII.B. istry; HSWA § 3019(b), 7/15/85. (17) HSWA Codification Rule, 50 FR 28702±28755, 7/15/85: (17A) Small Quantity Generators ...... 17(A) Superseded by CL 23. (17D) Waste Minimization ...... 17(D) 851.9E1, 857.4, 5B, 854.6C9, 9b, 856.13A10b, 855.5, 5B8. (17E) Location Standards for Salt Domes, Salt beds, Underground Mines and 17(E) 855.5B7. Caves. (17F) Liquids in Landfills ...... 17(F) 854.8C5, 855.9H, 856.10C1. (17G) Dust Suppression ...... 17(G) 850.3A8. (17H) Double Liners ...... 17(H) 854.8B, 9B1, 2, 18, 855.6C. (17I) Ground-Water Monitoring ...... 17(I) 854.8C, H, 9F2, G, 11C. (17J) Cement Kilns ...... 17(J) 850.3A9, 3C4. (17L) Corrective Action ...... 17(L) 854.5E, 854.6A, C18, 8D2, 3, 4, 9B16, 855.9B, 856.11A2aii, 10B16, 17. (17M) Pre-construction Ban ...... 17(M) 856.4A. (17N) Permit Life ...... 17(N) 856.5C, D, 12E. (17O) Omnibus Provision ...... 17(0) 856.12E. (17P) Interim Status ...... 17(P) 855.5B, 5B8, 7E, 7F, 856.10A1, 12, 13A10. (17R) Hazardous Waste Exports ...... 17(R)(superseded by CL 31). (17S) Exposure Information ...... 17(S) 856.10C13. (18) Listing of TDI, DNT, and TDA Wastes: 50 FR 42936±42943, 10/23/85 ...... 850.3C3, 3C4f, 850 Appendix III, VII, VIII. (20) Listing of Spent Solvents: 50 FR 53315±53320, 12/31/85; as amended on 1/ 850.3C2. 21/86 at 51 FR 2702. (21) Listing of EDB Wastes: 51 FR 5327±5331, 2/13/86 ...... 850.3C3, Appendix III, VII. (22) Listing of Four Spent Solvents: 51 FR 6537±6542, 2/25/86 ...... 850.3C2, 3C4, Appendix III, VII, VIII. (23) Generators of 100 to 1000kg Hazardous Waste: 51 FR 10146±10176, 3/24/ 850.3A5, 3A5a, b, c, d, e, 3C4f, 851.8B, 9, 855.5B2, 856.6A, 86. 857, 857.7G, 11. (25) Codification Rule; Technical Correction: 51 FR 19176±19177, 5/28/86 ...... 850 Appendix XI, 854.8C5, 855.9H. (28H) Standards for Hazardous Waste Storage and Treatment Tank Systems: 51 See 28N under Non-HSWA III. FR 25422±25486, 7/14/86; as amended on 8/15/86 at 51 FR 29430±29431. (30) Biennial Report Correction: 51 FR 28556, 8/8/86 ...... 854.6C11, 855.9A11. (31) Exports of Hazardous Waste: 51 FR 28664±28686, 8/8/86 ...... 850.3A4a, 3A5d, 851.9E1, 10, 857.4, 5B, 6D, 7C, 7D. (32) Standards for GeneratorsÐWaste Minimization Certifications: 51 FR 35190± 857.5B 35194, 10/1/86. (33) Listing of EBDC: 51 FR 37725±37729, 10/24/86 ...... 850.3C3, Appendix III, VII. Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations 34011

Federal requirements State authorities

(34) Land Disposal Restrictions: 51 FR 40572±40654, 11/7/86; as amended on 6/ 850.3A1, 3A4xii, 3A5, c, d, 3A7, 3B1b, 3C1b, 851.4A, 5, 4/87 at 52 FR 21010±21018. 852.2, 3, 3B, 3C, 3E, 5, 6, 7A1, 2, 7A2a, 7A3, 7A5, 8B, 9A, 9B, 10, 12, 12A1, A2, 12, 12B, 12C, 12D, 13A, B, 14A, B, 852 Appendix I, II, 854.6C3, 6C9b, 855.9A3, 9A9, 856.4A, 10B, 12E, 38 MRSA § 1310±B2, 4, 5 MRSA Ad- ministrative Procedures Act § 8055, AG Statement. HSWA Cluster II (39) California List Waste Restrictions: 52 FR 25760±25792, 7/8/87; as amended 850.3B2ai, 850 Appendix III, 852.3A, 3C, 3C, 5, 6, 7, 7B, 10, on 10/27/87 at 52 FR 41295±41296. 12, 13A, 13C, 13C3, 13C4, 13C5, 13C6, 14, 852 Appen- dix III, 854.6C3, 855.6D, 9A3, 856.4A, 5C, 5D. (42) Exception Reporting for Small Quantity Generators of Hazardous Waste: 52 857, 857.7F, 7G. FR 35894±35899, 9/23/87. (44) HSWA Codification Rule 2: 52 FR 45788±45799, 12/1/87 (44A) Permit Application ...... (44A)856.10B16, B17, B17a, b, c, d, e, f. Requirements Regarding Corrective Action: (44B) Corrective Action Beyond ...... (44B) 854.6C18, 854.8D2. Facility Boundary: (44C) Corrective Action for ...... (44C) 854.5E. Injection Wells: (44D) Permit Modification ...... (44D) 856.13A7. (44E) Permit as a Shield ...... (44E) 856.4C1, 4D. Provision: (44F) Permit Conditions to Protect Human Health and the Environment ...... (44F) 856.10B18. (44G) Post-Closure Permits ...... (44G) 856.5F. (47) Identification and Listing of Hazardous Waste; Technical Correction: 53 FR 850.3A5c. 27162±27163, 7/19/88. (48) Farmer Exemptions; Technical Corrections: 53 FR 27164±27165, 7/19/88 ..... 851.10, 852.5, 856.6B. (50) Land Disposal Restrictions for First Third Scheduled Wastes: 53 FR 31138± 850.3A2, 852.5, 7A, 7A2a, b, c, d, 852.10, 11, 12D, 13A, 31222, 8/17/88 as amended on 2/27/89 at 54 FR 8264±8266. 13B, 13C, 13D, 14, 854.6C3, 6C9b, 855.9A3, 9A9b. (52H) Hazardous Waste Management System; Standards for Hazardous Waste See (52N) at Non-HSWA V. Storage and Treatment Tank Systems: 53 FR 34079±34087, 9/2/88.. (62) Land Disposal Restriction Amendments to First Third Scheduled Wastes: 54 852.14A. FR 18836±18838, 5/2/89. (63) Land Disposal Restrictions for Second Third Scheduled Wastes: 54 FR 852.13D, 14A. 26594±26652, 6/23/89. (66) Land Disposal Restrictions; Corrections to the First Third Scheduled Wastes: 852.5, Note to 852.5, 10, 11, 12D, 13C, 13D. 54 FR 36967, 9/6/89, as amended on 6/13/90 at 55 FR 23935. (68) Reportable Quantity Adjustment Methyl Bromide Production Wastes: 54 FR 850.3C3, Appendix III, VII. 41402±41408, 10/6/89.

D. Decision regulatory actions on State, local, and any regulatory requirements that may I conclude that Maine’s final tribal governments and the private significantly or uniquely affect small application for program revision meets sector. Under section 202 of the UMRA, governments, including tribal all of the statutory and regulatory EPA generally must prepare a written governments, it must have developed requirements established by RCRA. statement, including a cost-benefit under section 203 of the UMRA a small Accordingly, Maine is granted final analysis, for proposed and final rules government agency plan. The plan must authorization to operate its hazardous with ‘‘Federal mandates’’ that may provide for notifying potentially waste program as revised. result in expenditures to State, local, affected small governments, enabling Maine now has responsibility for and tribal governments, in the aggregate, officials of affected small governments permitting treatment, storage, and or to the private sector, of $100 million to have meaningful and timely input in disposal facilities within its jurisdiction or more in any one year. Before the development of EPA regulatory and for carrying out the other aspects of promulgating an EPA rule for which a proposals with significant Federal the RCRA program described in its written statement is needed, section 205 intergovernmental mandates, and revised program application, subject to of the UMRA generally requires EPA to informing, educating, and advising the limitations of the HSWA. Maine also identify and consider a reasonable small governments on compliance with has primary RCRA enforcement number of regulatory alternatives and the regulatory requirements. responsibility in the State for its adopt the least costly, most cost- Today’s rule contains no Federal authorized program, although EPA effective or least burdensome alternative mandates for State, local or tribal retains the right to conduct inspections that achieves the objectives of the rule. governments or the private sector. The under section 3007 of RCRA, and to take The provisions of section 205 do not Act excludes from the definition of a enforcement actions under sections apply when they are inconsistent with ‘‘Federal mandate’’ duties that arise 3008, 3013, and 7003 of RCRA. applicable law. Moreover, section 205 from participation in a voluntary allows EPA to adopt an alternative other Federal program, except in certain cases Unfunded Mandates Reform Act than the least costly, most cost-effective where a ‘‘federal intergovernmental Title II of the Unfunded Mandates or least burdensome alternative if the mandate’’ affects an annual federal Reform Act of 1995 (UMRA), P.L. 104– Administrator publishes with the final entitlement program of $500 million or 4, establishes requirements for Federal rule an explanation why that alternative more that are not applicable here. agencies to assess the effects of their was not adopted. Before EPA establishes Maine’s request for approval of 34012 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations hazardous waste program revisions to 1996, EPA submitted a report containing interest of streamlining, the reports its authorized hazardous waste program this rule and other required information should be discontinued. is voluntary and imposes no Federal to the U.S. Senate, the U.S. House of EFFECTIVE DATE: June 24, 1997. mandate within the meaning of the Act. Representatives and the Comptroller FOR FURTHER INFORMATION CONTACT: Rather, by having its hazardous waste General of the General Accounting Martha Caswell, Director, Personal program approved, the State will gain Office prior to publication of the rule in Property Management Policy Division the authority to implement the program today’s Federal Register. This rule is (MTP), 202–501–3846. within its jurisdiction, in lieu of EPA, not a ‘‘major rule’’ as defined by section SUPPLEMENTARY INFORMATION: thereby eliminating duplicative State 804(2) of the APA as amended. The and Federal requirements. If a State General Services Administration (GSA) chooses not to seek authorization for Compliance With Executive Order has determined that this rule is not a administration of a hazardous waste 12866 significant regulatory action for the program under RCRA Subtitle C, RCRA The Office of Management and Budget purposes of Executive Order 12866. regulation is left to EPA. has exempted this rule from the REGULATORY FLEXIBILITY ACT: This rule is In any event, EPA has determined that requirements of section 3 of Executive not required to be published in the this rule does not contain a Federal Order 12291. Federal Register for notice and mandate that may result in expenditures comment. Therefore, the Regulatory $100 million or more for State, local, List of Subjects in 40 CFR Part 271 Flexibility Act does not apply. and tribal governments in the aggregate, Environmental protection, List of Subjects in 41 CFR Parts 101–43, or the private sector in any one year. Administrative practice and procedure, 101–44, 101–45, and 101–46 EPA does not anticipate that the Confidential business information, approval of Maine’s hazardous waste Hazardous materials transportation, Government property management, program as referenced in today’s Hazardous waste, Indian lands, Reporting and recordkeeping document will result in annual costs of Intergovernmental relations, Penalties, requirements, Surplus Government $100 million or more. EPA’s approval of Reporting and recordkeeping property. state programs generally may reduce, requirements, Water pollution control, For the reasons set forth in the not increase, compliance costs for the Water supply. preamble, 41 CFR Parts 101–43, 101–44, private sector since the State, by virtue Authority: This document is issued under 101–45, and 101–46 are amended as of the approval, may now administer the the authority of sections 2002(a), 3006 and follows: program in lieu of EPA and exercise 7004(b) of the Resource Conservation and 1. The authority citation for parts primary enforcement. Hence, owners Recovery Act as amended 42 U.S.C. 6912(a), 101–43, 101–44, 101–45, and 101–46 and operators of treatment, storage, or 6926, 6974(b). continues to read as follows: disposal facilities (TSDFs) generally no Dated: June 6, 1997. Authority: Sec. 205(c), 63 Stat. 390 (40 longer face dual Federal and State John P. DeVillars, U.S.C. 486(c)). compliance requirements, thereby Regional Administrator, Region I. reducing overall compliance costs. [FR Doc. 97–16212 Filed 6–23–97; 8:45 am] PART 101±43ÐUTILIZATION OF Thus, today’s rule is not subject to the PERSONAL PROPERTY requirements of sections 202 and 205 of BILLING CODE 6560±50±P the UMRA. Subpart 101±43.47ÐReports Certification Under the Regulatory GENERAL SERVICES 2. Section 101–43.4701 is amended by Flexibility Act ADMINISTRATION removing and reserving paragraph (a) EPA provides the following and by revising the introductory text of certification under the Regulatory 41 CFR Parts 101±43, 101±44, 101±45, paragraph (c) to read as follows: Flexibility Act, as amended by the and 101±46 § 101±43.4701 Performance reports. Small Business Regulatory Envorcement [FPMR Amendment H±196] Fairnes Act: Pursuant to the provisions * * * * * RIN 3090±AG46 of 5 U.S.C. 605(b), I hereby certify that (c) In accordance with section 202(e) of the Federal Property and this authorization will not have a Discontinuation of Interagency Administrative Services Act of 1949, as significant economic impact on a Reporting Requirements 0015±GSA± amended (40 U.S.C. 483), an annual substantial number of small entities. AN, 1528±GSA±AN, and 1529±GSA±A This authorization effectively suspends report, in letter form, of personal the applicability of certain Federal AGENCY: Office of Governmentwide property obtained as excess property or regulations in favor of Maine’s program, Policy, GSA. as property not excess to the owning thereby eliminating duplicative ACTION: Final rule. agency but determined to be no longer requirements for handlers of hazardous required for the purposes of the waste in the State. It does not impose SUMMARY: This amendment eliminates appropriation from which it was any new burdens on small entities. This the requirements that agencies submit to purchased, and subsequently furnished rule, therefore, does not require a GSA annual reports on the utilization to a recipient other than a Federal regulatory flexibility analysis. and disposal of excess and surplus agency in any manner within the 50 personal property (interagency report States, the District of Columbia, the Submission to Congress and the control (IRC) number 0015–GSA–AN), Commonwealth of Puerto Rico, the General Accounting Office Under the exchange/sale transactions (IRC number Virgin Islands, Guam, American Samoa, Small Business Regulatory Enforcement 1528–GSA–AN) and the recovery of Commonwealth of the Northern Mariana Fairness Act precious metals (IRC number 1529– Islands, and the Trust Territory of the Under section 801(a)(1)(A) of the GSA–A). GSA has carefully reviewed Pacific Islands, shall be submitted by Administrative Procedures Act (APA) as the requirements of these reports and each executive agency to the General amended by the Small Business concluded that in light of shrinking Services Administration (FBP), Regulatory Enforcement Fairness Act of Governmentwide resources and in the Washington, DC 20406, within 90 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations 34013 calendar days after the close of each § 101±45.1002±3 Precious metals recovery 13. Section 101–46.202 is amended by fiscal year. The report shall include only program monitor. revising paragraph (c)(10) to read as those items furnished to non-Federal Each agency should designate an follows: recipients during the fiscal year being individual to monitor its precious § 101±46.202 Restrictions and limitations. reported. Interagency report control metals recovery program. number 0154–GSA–AN has been Responsibilities of the precious metals * * * * * assigned to this report. Negative reports monitor should include conducting and (c) * * * are required. initiating surveys; implementing and (10) Even though otherwise eligible, improving recovery procedures; and * * * * * the exchange or sale of property which monitoring the agency’s recovery was originally acquired as excess or Subpart 101±43.49ÐIllustrations of program. forfeited property, or from another Forms 9. Section 101–45.1004–1 is amended source other than new procurement, by revising the introductory text of § 101±43.4901±121 [Removed] unless such property has been placed in paragraph (a) to read as follows: official use by the acquiring agency for 3. Section 101–43.4901–121 is § 101±45.1004±1 Civil agency participation a minimum of 1 year. Forfeited property removed. in the DOD Precious Metals Recovery placed in official use for less than 1 year § 101±43.4901±121±1 [Removed] Program. may be exchanged or sold if the head of (a) Civil agencies wishing to the agency certifies that a continuing 4. Section 101–43.4901–121–1 is participate in the DOD precious metals valid requirement exists, but the removed. recovery system should contact the specific item in use no longer meets that Manager, DOD Precious Metals requirement, and that the exchange or PART 101±44ÐDONATION OF sale meets all other requirements of this PERSONAL PROPERTY Recovery Program, Attention: DLA– MMLC, Fort Belvoir, VA 22060, for part. further information regarding the * * * * * Subpart 101±44.47ÐReports following plans: 14. Section 101–46.203 is amended by § 101±44.4701 [Amended] * * * * * revising paragraph (b) to read as follows: 5. Section 101–44.4701 is amended by Subpart 101±45.47ÐReports § 101±46.203 Special authorizations. removing and reserving paragraph (a). § 101±45.4701 [Reserved] * * * * * PART 101±45ÐSALE, 10. Section 101–45.4701 is removed (b) In acquiring items for historical ABANDONMENT, OR DESTRUCTION and reserved. preservation or display at Federal OF PERSONAL PROPERTY museums, executive agencies may Subpart 101±45.49ÐIllustrations of exchange historic items in the museum Subpart 101±45.10ÐRecovery of Forms property account without regard to the Precious Metals Federal supply classification group or § 101±45.4901±291 [Removed] the requirement in § 101–46.202 to 6. Section 101–45.1002 is revised to 11. Section 101–45.4901–291 is replace items on a one-for-one basis, read as follows: removed. provided the exchange transaction is § 101±45.1002 Agency responsibilities. documented and certified by the agency PART 101±46ÐUTILIZATION AND head to be in the best interest of the Heads of executive agencies are DISPOSAL OF PERSONAL PROPERTY Government and all other provisions of responsible for establishing, PURSUANT TO EXCHANGE/SALE this part are met. The documentation maintaining, and pursuing a program for AUTHORITY must contain a determination that the recovery of precious metals. The item exchanged and the item acquired Subpart 101±46.2ÐAuthorization provisions of this § 101–45.1002 provide are historic items. As used in this guidance with respect to surveys, 12. Section 101–46.201–2 is amended section, the term ‘‘historic item’’ means assignments of program monitors, and by revising paragraph (a) to read as property having added value for display internal audits. Precious metals that follows: purposes because of its historical may be designated for recovery include significance that is greater than the fair gold, silver, and metals in the platinum § 101±46.201±2 Transfer and exchange market value of the item for continued family. Examples of silver bearing scrap between Federal agencies. use. This definition of historic item does and waste include used photographic (a) Executive agencies having not include items that are commonly fixing (hypo) solution, photographic and property that is determined to be available and remain in use for their X-ray film, silver alloys, and dental available for exchange or sale under this intended purpose, such as military scrap. Other examples of precious part shall, to the maximum extent aircraft still in use by active or reserve metals bearing materials include practicable or economical and prior to units. electronic scrap, ADPE, welding and any disposal action, solicit Federal brazing wire, anodes, and batteries. agencies known to use or distribute this Subpart 101±46.3ÐExchange and Sale Certain strategic and critical materials property and arrange for transfers Procedures may also be designated for recovery. thereto, except that no attempt need be § 101±46.301 [Reserved] § 101±45.1002±2 [Reserved] made to obtain further utilization of property that is eligible for replacement 15. Section 101–46.301 is removed 7. Section 101–45.1002–2 is removed in accordance with replacement and reserved. and reserved. standards prescribed in Subpart 101– § 101±46.305 [Removed] 8. Section 101–45.1002–3 is revised to 25.4. read as follows: * * * * * 16. Section 101–46.305 is removed. 34014 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations

Dated: March 26, 1997. U.S. vessel in waters subject to the and benefits under section 6(a)(3) of that David J. Barram, jurisdiction of a foreign government, Order. It has not been reviewed by the Acting Administrator of General Services. was delayed until January 1990. The Office of Management and Budget under [FR Doc. 97–16320 Filed 6–23–97; 8:45 am] Coast Guard subsequently delayed that Order. It is not significant under the BILLING CODE 6820±24±P implementation of foreign testing regulatory policies and procedures of requirements several times, the last of the Department of Transportation (DOT) which was on December 28, 1995, (44 FR 11034; February 26, 1979). The DEPARTMENT OF TRANSPORTATION delaying the implementation to January Coast Guard acknowledges that there are 2, 1997 (60 FR 67062). These rules did companies whose current policy is not Coast Guard not prohibit employers from conducting to conduct chemical testing in waters chemical testing of U.S. personnel in subject to a foreign government. To 46 CFR Part 16 foreign waters. However, the implement such testing now would [CGD 95±011] requirement to perform such tests was increase these companies’ operating delayed. Many companies continued to RIN 2115±AF02 expenses. However, this cost was part of test mariners in foreign waters under the costs evaluated in the original Programs for Chemical Drug and company policy. On August 21, 1995, the Coast Guard rulemaking and deferred to this time Alcohol Testing of Commercial Vessel published a notice of proposed because of the numerous delays in Personnel; Implementation of Drug rulemaking (NPRM)(60 FR 43426) implementing testing in foreign waters. Testing in Foreign Waters proposing to revise 46 CFR 16.207 to The economic impact of these changes AGENCY: Coast Guard, DOT. provide that U.S. drug testing is so minimal that further evaluation is ACTION: Final rule. requirements would not apply in waters not necessary. subject to the jurisdiction of a foreign Small Entities SUMMARY: This rule adopts as final the government. interim rule that established January 2, Comments on the NPRM expressed Under the Regulatory Flexibility Act 1997, as the effective date for the need for testing requirements, even (5 U.S.C. 601 et seq.), the Coast Guard implementation of chemical drug testing in foreign waters. As a result of these considered whether this rule will have of persons on board U.S. vessels in comments, the Coast Guard a significant economic impact on a waters subject to the jurisdiction of a reconsidered its proposal. On December substantial number of small entities. foreign country. Under the interim rule, 18, 1996, the Coast Guard published the ‘‘Small entities’’ include small industry has until July 1, 1997, to interim rule (61 FR 66612) which businesses, not-for-profit organizations implement the required testing, but may required drug testing of crewmembers that are independently owned and be exempted from testing requirements on board U.S. vessels within waters operated and are not dominant in their when compliance would violate the subject to the jurisdiction of a foreign fields, and governmental jurisdictions domestic laws or policies of another government, effective on January 2, with populations of less than 50,000. country. 1997. The Coast Guard received no comments DATES: This final rule is effective July Discussion of Comments on the interim rule from small entities. 24, 1997. One letter was received in response to The Coast Guard certifies under section ADDRESSES: Documents as indicated in 605(b) of the Regulatory Flexibility Act this preamble are available for the interim rule published on December 18, 1996. It did not address the rule’s (5 U.S.C. 601 et seq.) that this final rule inspection or copying at the office of the will not have a significant economic Executive Secretary, Marine Safety provisions for chemical drug testing in waters subject to the jurisdiction of a impact on a substantial number of small Council (G–LRA/3406), U.S. Coast entities. Guard Headquarters, 2100 Second Street foreign government. The comment SW., room 3406, Washington, DC generally discussed the purpose and Assistance for Small Entities 20593–0001, between 9:30 a.m. and 2 effectiveness of the chemical drug p.m., Monday through Friday, except testing program in the Coast Guard and In accordance with section 213(a) of Federal holidays. The telephone number the Department of Transportation. These the Small Business Regulatory is (202) 267–1477. issues are beyond the scope of this Enforcement Fairness Act of 1996 (Pub. rulemaking, and therefore, are not FOR FURTHER INFORMATION CONTACT: LT L. 104–121), the Coast Guard will addressed in this document. The Coast Jennifer Ledbetter, Project Manager, provide assistance to small entities to Guard received no other comments on Marine Investigation Division (G–MOA– determine how this rule applies to the interim rule. Therefore, the Coast 1), telephone (202) 267–0684. them. If you are a small business and Guard is adopting as final its rule to need assistance understanding the SUPPLEMENTARY INFORMATION: implement the original requirements for provisions of this rule or applying for an Background and Purpose chemical testing of U.S. crewmembers exemption under this rule, please on board U.S. vessels within waters that contact your local Officer in Charge, On November 21, 1988, the Coast are subject to the jurisdiction of a Marine Inspection (OCMI). Guard promulgated regulations foreign government. The effective date requiring pre-employment, periodic, of this provision was January 2, 1997, Collection of Information post-accident, reasonable cause, and but employers have until July 1, 1997, random drug testing of U.S. This final rule contains no new to implement required chemical testing collection of information requirements crewmembers on U.S. vessels (53 FR on U.S. vessels in waters subject to the under the Paperwork Reduction Act of 47079). The final rule provided that the jurisdiction of a foreign country. testing requirements of 46 CFR part 16 1995 (44 U.S.C. 3501 et seq.). Regulatory Evaluation did not apply to any person for whom Federalism compliance with the rules would violate This final rule is not a significant the domestic laws or policies of another regulatory action under section 3(f) of The Coast Guard has analyzed this country. The effective date of part 16, Executive Order 12866 and does not final rule under the principles and with respect to any person on board a require an assessment of potential costs criteria contained in Executive Order Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations 34015

12612 and has determined that this final call return services, such as automatic however, must still offer users blocking rule does not have sufficient call return (ACR). and unblocking capabilities in some implications for federalism to warrant DATES: Effective June 24, 1997. manner if CPN is passed. the preparation of a Federalism ADDRESSES: Federal Communications Finally, we affirmed that hotel and Assessment. Commission, 1919 M Street, NW, motel lines not served by a PBX, and Washington, DC 20554. party lines, require blocking and Environment unblocking capabilities and that carriers FOR FURTHER INFORMATION CONTACT: The Coast Guard considered the are prohibited from processing ACR Kathy Harvey or Debra Harper at (202) environmental impact of this final rule requests when the original call was 418–2320, Common Carrier Bureau, and concluded that, under paragraph made with a privacy request. Network Services Division. 2.B.2.e(34)(c) of Commandant Federal Communications Commission. Instruction M16475.1B, this final rule is SUPPLEMENTARY INFORMATION: This is a William F. Caton, categorically excluded from further synopsis of the Commission’s Order, CC environmental documentation. This Docket No. 91–281, adopted March 21, Acting Secretary. final rule would have no direct 1997 and released March 25, 1997. The Rules Changes environmental impact. A ‘‘Categorical full text of this decision is available for inspection and copying during normal Accordingly part 64 of title 47 is Exclusion Determination’’ is available in amended as follows: the docket for inspection or copying business hours in the FCC Reference Center (Room 239), 1919 M Street, NW, where indicated under ADDRESSES. PART 64ÐMISCELLANEOUS RULES Washington, DC 20554, and may be RELATING TO COMMON CARRIERS List of Subjects in 46 CFR Part 16 purchased from the Commission’s copy Drug testing, Marine safety, Reporting contractor, International Transcription 1. The authority citation for part 64 and recordkeeping requirements, Safety, Service, (202) 857–3800, 1919 M Street, continues to read as follows: Transportation. NW, Washington, DC 20554. The rules Authority: Section 4, 48 Stat. 1066, as do not impose paperwork collection amended; 47 U.S.C. 154, unless otherwise PART 16ÐCHEMICAL TESTING obligations. noted. Interpret or apply secs. 201, 218, 225, Synopsis of the Order 226, 227, 48 Stat. 1070, as amended, 1077; 47 Accordingly, the interim rule U.S.C. 201–4, 218, 225, 226, 227 unless amending 46 CFR part 16 which was In this Order we examined the otherwise noted. published at 61 FR 66612 on December technical and economic feasibility of 2. Section 64.1601 is amended by 18, 1996, is adopted as a final rule requiring carriers to provide blocking without change. revising paragraphs (a), (b), (d) and unblocking features. In response to introductory text, (d)(1), (d)(2), (d)(3), Dated: June 18,1997. new information, we re-examined the and adding new paragraph (d)(4) to read G.N. Naccara, Caller ID rules and policies, and as follows: Captain, U.S. Coast Guard, Acting Assistant modified the rules governing Commandant for Marine Safety and payphones. We also established new § 64.1601 Delivery requirements and Environmental Protection. rules to govern local exchange carriers privacy restrictions. [FR Doc. 97–16523 Filed 6–23–97; 8:45 am] (‘‘LECs’’) without blocking and (a) Delivery. Except as provided in BILLING CODE 4910±14±P unblocking capabilities, and private paragraph (d) of this section, common branch exchange (‘‘PBX’’) and related carriers using Signaling System 7 and systems. In addition, we affirmed that offering or subscribing to any service FEDERAL COMMUNICATIONS our current Caller ID rules and policies based on Signaling System 7 COMMISSION applied to party lines, hotel and motel functionality are required to transmit lines, and call return services, such as the calling party number (CPN) 47 CFR Part 64 Automatic Call Return (ACR). associated with an interstate call to After further consideration, we interconnecting carriers. [CC Docket No. 91±281; FCC 97±103] concluded that LECs with SS7, but (b) Privacy. Except as provided in TM paragraph (d) of this section, originating Caller ID without CLASS software, are not required to pass the CPN. We also carriers using Signaling System 7 and AGENCY: Federal Communications concluded that, to the extent that a LEC offering or subscribing to any service Commission. passes CPN to an interconnecting based on Signaling System 7 ACTION: Final rule; petition for carrier, it must provide subscribers with functionality will recognize *67 dialed reconsideration. blocking and unblocking capabilities. as the first three digits of a call (or 1167 Additionally, we modified our policies for rotary or pulse dialing phones) as a SUMMARY: On March 25, 1997, the on payphone lines and found that caller’s request that the CPN not be Commission released an Order that carriers are not required to provide passed on an interstate call. Such exempts several categories of telephone blocking and unblocking capabilities on carriers providing line blocking services lines from the Caller Identification these lines. will recognize *82 as a caller’s request (‘‘Caller ID’’) blocking and unblocking We further concluded that PBX and that the CPN be passed on an interstate rules. The Commission found that the Centrex systems must provide some call. No common carrier subscribing to exemptions from the blocking and type of blocking and unblocking or offering any service that delivers CPN unblocking requirements were capabilities if, and only if, they pass may override the privacy indicator warranted because the record stated that CPN to the public switched network associated with an interstate call. the calling party number (‘‘CPN’’) is (‘‘PSN’’). We determined that Centrex Carriers must arrange their CPN-based rarely passed to interconnecting carriers systems that pass CPN to the PSN, and services, and billing practices, in such a from certain telephone lines. The Order that currently employ *6 or *8 for manner that when a caller requests that also affirmed that the Commission’s functions other than blocking and the CPN not be passed, a carrier may not Caller ID rules and policies apply to unblocking, may continue to use such reveal that caller’s number or name, nor party lines, hotel and motel lines, and codes. Providers of Centrex service, may the carrier use the number or name 34016 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations to allow the called party to contact the Atmospheric Administration (NOAA), will be deducted from that state’s quota calling party. The terminating carrier Commerce. for the following Summer period. must act in accordance with the privacy ACTION: Commercial quota harvest. Section 648.121(b) requires the indicator unless the call is made to a Administrator, Northeast Region, NMFS called party that subscribes to an ANI or SUMMARY: NMFS announces that the (Regional Administrator), to monitor charge number based service and the scup commercial quota for the 1997 states’ commercial quotas and to call is paid for by the called party. Summer period (May 1, 1997 - October determine when a state’s commercial * * * * * 31, 1997) available to the State of North quota is harvested. The Regional (d) Exemptions. Section 64.1601(a) Carolina has been harvested. Vessels Administrator is further required to and (b) shall not apply when: issued a commercial Federal fisheries publish notification in the Federal (1) A call originates from a payphone. permit for the scup fishery may not land Register advising a state and notifying (2) A local exchange carrier with scup in North Carolina for the Federal vessel and dealer permit holders Signaling System 7 capability does not remainder of the 1997 Summer period, that, effective upon a specific date, the have the software to provide *67 or *82 unless additional quota becomes state’s commercial quota has been functionalities. Such carriers are available through a transfer. Regulations harvested and no commercial quota is prohibited from passing CPN. governing the scup fishery require available for landing scup in that state (3) A Private Branch Exchange or publication of this notification to advise for the Summer period. The Regional Centrex system does not pass end user the State of North Carolina that the Administrator has determined, based on CPN. Centrex systems that rely on *6 or quota allocated for the 1997 Summer dealer reports and other available *8 for a function other than CPN period has been harvested and to advise information, that the State of North blocking or unblocking, respectively, are vessel and dealer permit holders that no Carolina’s commercial quota for the also exempt if they employ alternative commercial quota is available for Summer period has been harvested. landing scup in North Carolina for the means of blocking or unblocking. The regulations at § 648.4(b) provide remainder of the Summer period. (4) CPN delivery— that Federal permit holders must agree (i) Is used solely in connection with DATES: Effective 0001 hrs, local time as a condition of the permit not to land calls within the same limited system, (l.t.), June 18, 1997, through 2400 hrs, scup in any state that the Regional including (but not limited to) a Centrex l.t., October 31, 1997. Administrator has determined no longer system, virtual private network, or FOR FURTHER INFORMATION CONTACT: has commercial quota available. Private Branch Exchange; Lucy Helvenston, 508–281–9347. Therefore, effective 0001 hrs, l.t., June (ii) Is used on a public agency’s SUPPLEMENTARY INFORMATION: 18, 1997, through 2400 hrs, l.t., October emergency telephone line or in Regulations governing the scup fishery 31, 1997, further landings of scup in conjunction with 911 emergency are found at 50 CFR part 648. Section North Carolina by vessels holding services, or on any entity’s emergency 648.120(d) requires annual specification commercial Federal fisheries permits assistance poison control telephone of a commercial quota that is allocated are prohibited for the remainder of the line; or into two Winter periods: January-April 1997 Summer period, unless additional (iii) Is provided in connection with (Winter I) and November-December quota becomes available through a legally authorized call tracing or (Winter II); and one Summer period: transfer and is announced in the trapping procedures specifically May-October (Summer)(62 FR 27978, Federal Register. Federally permitted requested by a law enforcement agency. May 22, 1997). The Winter periods are dealers are also advised that they may [FR Doc. 97–16482 Filed 6–23–97; 8:45 am] allocated coastwide among the states not purchase scup from Federally BILLING CODE 6401±01±P from Maine to North Carolina and the permitted vessels that land in North Summer period is allocated on a state- Carolina for the remainder of the by-state basis from Maine to North Summer period, or until additional Carolina. The process to set the annual quota becomes available, effective the DEPARTMENT OF COMMERCE commercial quota and the percent date above. allocated to each state for the Summer National Oceanic and Atmospheric Classification Administration period are described in 50 CFR § 648.120. This action is required by 50 CFR part 50 CFR Part 648 The total commercial quota for scup 648 and is exempt from review under for the 1997 Summer period is set equal E.O. 12286. [Docket No. 960805216±7111±06; I.D. to 2,337,000 lb (1,060,045 kg) (62 FR Authority: 16 U.S.C. 1801 et seq. 061797B] 27978, May 22, 1997). The percent Dated: June 18, 1997. Fisheries of the Northeastern United allocated to vessels landing scup in Bruce Morehead, States; Scup Fishery; Commercial North Carolina is 0.02688 percent, or Quota Harvested for North Carolina 628 lb (285 kg). Acting Director, Office of Sustainable Section 648.120(d)(6) provides that Fisheries, National Marine Fisheries Service. AGENCY: National Marine Fisheries any overages of the commercial quota [FR Doc. 97–16404 Filed 6–18–97; 4:08 pm] Service (NMFS), National Oceanic and for a Summer period landed in any state BILLING CODE 3510±22±F 34017

Proposed Rules Federal Register Vol. 62, No. 121

Tuesday, June 24, 1997

This section of the FEDERAL REGISTER governments. In addition, Congress handling, disbursing, or accounting for contains notices to the public of the proposed recently enacted an amendment to the contributions are not covered under the issuance of rules and regulations. The Reform Amendments authorizing OPM definitions of accept and receive. purpose of these notices is to give interested to permit employees in specified OPM further proposes to add the persons an opportunity to participate in the sensitive agencies and positions to rule making prior to the adoption of the final definitions of candidate, campaign, rules. participate in the local elections of the election, on duty, partisan, partisan designated localities in which they political group, political activity, reside. OPM also has determined that political management, political party, OFFICE OF PERSONNEL the Federally employed residents of political purpose, room or building MANAGEMENT Spotsylvania County, Virginia, as well occupied in the discharge of official as the Federally employed residents of duties by an individual employed or 5 CFR Part 733 St. Mary’s County, Maryland, qualify for holding office in the Government of the RIN 3206±AF78 a partial exemption from the United States or any agency thereof, and prohibitions of 5 U.S.C. 7323(a) (2) and uniformed service to § 773.101 because Political Activity: Federal Employees (3). Finally, in connection with its they appear as descriptive terms in part Residing in Designated Localities interim regulation, OPM received two 733. Finally, the existing definition of comments which suggested that the political contribution does not reflect AGENCY: Office of Personnel partial exemption granted by the Civil Management. that the Reform Amendments allow Service Commission to employees Federal employees to solicit, accept, ACTION: Proposed rule. residing in the District of Columbia is receive, and direct uncompensated invalid. OPM is seeking further SUMMARY: volunteer services from certain The Office of Personnel comments on this matter. Management (OPM) is proposing individuals during the course of a The OPM interim regulation on the changes to rules concerning the political campaign. Therefore, OPM proposes to political activities of Federal employees activities of Federal employees who revise the definition of political residing in designated localities will reside in localities designated by OPM. contribution specifically to exclude remain in effect during this notice and The proposed rule is limited in scope to such services. The definitions of comment period and until the final matters concerning exemptions for employee and partisan political office regulation for part 733 takes effect. The employees residing in designated have not been changed from the OPM regulation on the political localities and to the political activities definition of these terms in the interim activities of Federal employees appears that are associated with the local regulation. All of the definitions in at 5 CFR part 734 (1996) as modified by elections for partisan political office in § 733.101 of the proposed regulation are the amendments appearing at 61 FR these localities. identical to the definitions of the same 35088–35102 (July 5, 1996). DATES: Written comments must be terms appearing in part 734 of this title. received on or before August 25, 1997. Definitions Exclusion From Coverage ADDRESSES: Send written comments to Section 733.101 of the proposed Lorraine Lewis, General Counsel, Office regulation defines the terms that apply The interim regulation excludes of Personnel Management, Room 7355, to part 733. OPM received a comment several categories of employees from 1900 E Street, NW, Washington, DC from one Federal agency concerning the coverage under part 733. The 20415. definitions in the interim regulation and exclusionary provision in the interim FOR FURTHER INFORMATION CONTACT: Jo- suggesting that OPM should define the regulation currently applies to Ann Chabot, (202) 606–1700. term solicit. OPM agrees with this employees in the sensitive agencies and SUPPLEMENTARY INFORMATION: On suggestion in view of the activities that positions that are described in 5 U.S.C. October 6, 1993, President Clinton are permitted and prohibited under 7323(b)(2) and to employees of the signed the Hatch Act Reform § 733.103, and proposes to add a Criminal Division of the Department of Amendments of 1993, Public Law 103– definition of solicit to § 733.101. OPM Justice as specified in 5 U.S.C. 94. The Amendments specifically also proposes to add the definitions of 7323(b)(3). Four Federal agencies authorize OPM to issue regulations on related terms, such as accept, person, submitted comments concerning the the political activities of Federal and receive, to § 733.101 for the same exclusionary provision in the interim employees regarding matters described reasons, and to add the definition of regulation. These agencies stated that in 5 U.S.C. 7325, as amended, subordinate to § 733.101 in conjunction employees who reside in designated concerning Federal employees’ with provisions concerning localities should not be excluded from participation in local elections of the uncompensated volunteer services that participation in local partisan elections localities in which they reside. OPM proposes to add to part 733. OPM as independent candidates, or on behalf On February 4, 1994, OPM published notes that the definitions of accept and of independent candidates, because they an interim regulation on the political receive cover only the acts of accepting previously had been permitted to activities of Federal employees residing or receiving something from a person participate in these activities under the in specified localities designated by officially on behalf of a candidate, more restrictive provisions of the Hatch OPM. 59 FR 5313. OPM received campaign, a political party or a partisan Act. comments from three individuals; a political group. Ministerial activities On January 6, 1996, Congress Federal employee labor organization; six which precede or follow the official amended the Reform Amendments by Federal agencies; and two local acceptance and receipt, such as adding a new provision which 34018 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Proposed Rules authorizes OPM to permit employees 5 U.S.C. 7325, employees who reside in when the statutory conditions specified who are described in 5 U.S.C. designated localities have ‘‘the right to in section 7325 are fulfilled. 7323(b)(2), and who reside in the run for local partisan political office and Independent candidates in local designated localities, to participate in to solicit political contributions in partisan elections clearly are candidates the local partisan elections of these support of these campaigns.’’ It further for ‘‘partisan political office’’ within the localities. Section 308 of Pub. L. 104–93, stated that section 7325 specifically meaning of the Reform Amendments, 109 Stat. 961, 966. In view of the provides that such employees may which define that term as ‘‘any office for amendment to the Reform Amendments participate actively in local political which any candidate is nominated or and the comments that OPM received management and political campaigns elected as representing a party any of on this issue, OPM finds that employees ‘‘without regard to the prohibitions in whose candidates for Presidential in the agencies and positions specified paragraphs (2) and (3) of Section elector received votes in the last in 5 U.S.C. 7323(b)(2) who reside in 7232(a),’’ which concern soliciting, (Presidential election).’’ Thus, under the designated localities may be permitted accepting and receiving political Reform Amendments, an independent to participate in the local partisan contributions, and running for election candidate runs for partisan political elections of those localities. Therefore, to partisan political office. office when he or she opposes the OPM proposes to permit these The labor organization noted that candidates of political parties. It is clear employees to participate in such local OPM relied on section 10 of the Reform from the language of the Reform elections as independent candidates and Amendments (the Sense of the Senate) Amendments, particularly the Sense of in support of, or opposition to, in requiring employees to run as the Senate (section 10), as well as from independent candidates. OPM also independent candidates in local the legislative history of the Reform proposes to remove these employees elections for partisan political office and Amendments that, in permitting from the exclusionary provision which, in prohibiting employees from soliciting employees to participate in a much for purposes of clarity, appears in political contributions in these local broader range of political activities, § 733.102 of the proposed regulation. elections. It noted that section 10 of the Congress was especially concerned This amendment to the Reform Reform Amendments states the Sense of about the possibility that Federal Amendments, however, does not the Senate that Federal employees employees would become candidates for mention the employees of the Criminal should not be authorized to solicit partisan political office or would solicit Division of the Department of Justice political contributions, or to run for the other Federal employees as well as the who are described in 5 U.S.C. nomination or as a candidate for local general public for political 7323(b)(3). Moreover, the legislative partisan political office, except as contributions. history of the added provision does not expressly provided under current law. The legislative history of the Reform reflect that Congress intended to extend The labor organization stated that the Amendments shows that Congress was the coverage of the amendment to these legislative history of the Reform familiar with the Hatch Act provisions employees. Therefore, OPM proposes Amendments demonstrates that section on the political activity of Federal that employees of the Criminal Division 10 was added to the Reform employees in designated localities and of the Department of Justice will Amendments to express disagreement the OPM regulation interpreting these continue to be excluded from coverage with the House version of the Hatch Act provisions, and intended to preserve the under part 733, except for employees in reform bill, which would have provisions on candidacy for local the Criminal Division who are permitted all Federal employees to run partisan political office and soliciting political contributions in enacting the appointed by the President, by and with for local partisan political office and to Reform Amendments. S. Rep. No. 103– the advice and consent of the Senate. solicit political contributions from the 57, 103d Cong., 1st Sess. 2, 29, 37 This tracks the exception described in general public. Accordingly, the labor (1993); 138 Cong. Rec. S8609 (daily ed. the Reform Amendments, at 5 U.S.C. organization stated that section 10 was July 13, 1993) (Remarks of Senator 7323(b)(3), for such Presidential not intended to restrict the activities of Roth); 138 Cong. Rec. S8613 (daily ed. appointees in the Criminal Division at Federal employees in specific July 13, 1993 (Remarks of Senator the Department of Justice. communities, but was aimed solely at the rights granted by the House bill to Glenn); 138 Cong. Rec. S8765 (daily ed. Permitted and Prohibited Political Federal employees in general. July 15, 1993) (Remarks of Senator Activities—Elections for Local Public OPM has not adopted this suggestion. Glenn). In proposing to amend the Office in Designated Localities The legislative history of the Reform House bill by removing all of its Amendments is at best inconclusive provisions and adopting the provisions Candidacy for Local Partisan Political regarding the purpose behind including of the Senate bill in toto, and in Office section 10 in the Reform Amendments. explaining the provisions of the Senate The interim regulation currently Moreover, the law itself, at 5 U.S.C. bill, Representative Clay, the leading permits employees to run as candidates 7325, does not give to the Federally advocate of Hatch Act Reform in the in elections for local partisan political employed residents of designated House of Representatives, noted that: office in the municipality or subdivision localities the ‘‘right’’ to run for local ‘‘The Senate amendment also retains in which they reside, but requires such partisan political office as the provisions of current law permitting employees to run as independent candidates of partisan political parties. political activity by employees in candidates. A Federal employee labor Section 7325 provides that OPM ‘‘may certain communities pursuant to organization suggested that employees prescribe regulations permitting regulations issued by [OPM].’’ 138 Cong. who reside in designated localities employees, without regard to the Rec. H6817 (daily ed. Sept. 21, 1993). should not be required to run as prohibitions in [5 U.S.C. 7327(a)(2) and The Hatch Act, like the Reform independent candidates for election to (3)], to take an active part in political Amendments, did not specify that local partisan political offices and management and political campaigns employees must run as independent should, instead, be able to run for local involving the municipality or other candidates in these elections. However, public office as the candidates of political subdivision in which they regulations promulgated under the partisan political parties. The labor reside, to the extent the Office considers Hatch Act by the United States Civil organization stated its view that, under it to be in their domestic interest * * *’’ Service Commission and later by OPM Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Proposed Rules 34019 required independent candidacies in specified for such solicitation in the would be permitted to solicit, accept, or these local elections. Thus, the Reform Amendments at 5 U.S.C. receive uncompensated volunteer legislative history of the Reform 7323(a)(2) and OPM’s regulation at 5 services from other Federal employees, Amendments shows that the Senate bill CFR 734.208(b). they would be prohibited from (which became the Reform soliciting, accepting, or receiving such Other Political Activities Amendments) did not change existing services from a subordinate employee. provisions requiring Federal employees The interim regulation currently Finally, employees would be prohibited to run as independent candidates for permits employees residing in from political participation while they partisan political office in the local designated localities to accept and are on duty, on Federal premises, in elections of the designated localities. receive political contributions on behalf uniform, or while using a Government- Accordingly, OPM proposes to retain of candidates for local partisan political owned or leased vehicle. without change the current regulatory office who represent political parties. Employees Who Reside in Designated provisions that permit employees who Except for employees in the agencies Localities and Are Employed in the reside in designated localities to run for and positions described in § 733.105(a), Agencies and Positions Described in local partisan political office but only as employees covered by Part 733 still § 733.105(a) independent candidates. would be permitted to accept and receive political contributions on behalf Sections 733.105 and 733.106 Soliciting Political Contributions of such candidates for local office. OPM describe the political activities that are The interim regulation prohibits also proposes to add provisions about permitted to employees who reside in Federal employees from soliciting soliciting, accepting, and receiving the designated localities and who are political contributions in connection uncompensated volunteer services to employed in the agencies and positions with local elections for partisan political part 733 because such services play described in § 733.105(a). Employees office. The same Federal employee labor such an important part in election who are covered by §§ 733.105 and organization also noted that employees campaigns for local partisan political 733.106 would be permitted to run for in designated localities should be office. election to partisan political office in permitted to engage in this activity local elections but only as independent Employees Who Reside in Designated because they were permitted to do so candidates. These employees would be Localities and Are Not Employed in the prior to the Reform Amendments. Citing permitted to solicit political Agencies and Positions Described in In the Matter of Andrew J. Panholzer, 3 contributions but only as, or on behalf § 733.105(a) P.A.R. 88, 91 (1971), a Federal agency of, independent candidates for election noted the legal precedent under the Sections 733.103 and 733.104 to local partisan political office. Hatch Act that Federal employees describe the political activities that are However, they would be prohibited residing in partially exempted localities permitted to employees who reside in from knowingly soliciting political were free to participate in campaign the designated localities and who are contributions from other Federal activities on behalf of independent not employed in the agencies and employees. candidates, including soliciting political positions described in § 733.105(a). Employees covered under §§ 733.105 contributions from non-government Employees covered by §§ 733.103 and and 733.106 would be permitted to employees. 733.104 would be permitted to run for accept or receive political contributions In Panholzer, the Civil Service election to partisan political office in only as, or on behalf of, independent Commission held that employees local elections, but only as independent candidates. They would be prohibited residing in a designated locality could candidates. They would be permitted to from accepting or receiving such participate actively in political solicit political contributions but only contributions on behalf of a candidate campaigns on behalf of independent as, or on behalf of, independent for local partisan political office who candidates for local public office but candidates for election to local partisan represents a political party. Although could not solicit political contributions political office. These employees, employees would be permitted to accept from other Federal employees. Because however, would be prohibited from or receive political contributions from employees in designated localities knowingly soliciting political other Federal employees, they would be previously were permitted to solicit contributions from other Federal prohibited from accepting or receiving political contributions in local elections employees, except as permitted under 5 such contributions from a subordinate on behalf of independent candidates for U.S.C. 7323(a)(2) (A)–(C). employee. They also would be partisan political office, OPM proposes Employees subject to §§ 733.103 and prohibited from political participation to revise the interim regulation to 733.104 would be permitted to accept or while they are on duty, on Federal permit such solicitation as, or on behalf receive political contributions as, or on premises, in uniform, or while using a of, independent candidates. Federal behalf of, independent candidates, as Government-owned or leased vehicle. employees would, however, be well as on behalf of candidates for local Employees covered by §§ 733.105 and prohibited from knowingly soliciting partisan political office who represent a 733.106 would be permitted to solicit, political contributions from other political party. Although employees accept, or receive uncompensated Federal employees. OPM notes that, would be permitted to accept or receive volunteer services only as, or on behalf notwithstanding this prohibition, political contributions from other of, independent candidates. They would employees who are not employed in the Federal employees, they would be be prohibited from soliciting, accepting, sensitive agencies and positions prohibited from accepting or receiving or receiving uncompensated volunteer described in the Reform Amendments at such contributions from a subordinate services on behalf of a candidate for 5 U.S.C. 7323(b(2)(B) and OPM’s employee. Employees would be local partisan political office who regulation at section 733.105(a), and permitted to solicit, accept, or receive represents a political party. Although who are members of a Federal labor or uncompensated volunteer services as, or employees would be permitted to Federal employee organization as on behalf of independent candidates, as solicit, accept, or receive defined in 5 CFR 734.101, still may well as on behalf of candidates for local uncompensated volunteer services from solicit political contributions in partisan political office who represent a other Federal employees, they would be accordance with the conditions political party. Although employees prohibited from soliciting, accepting, or 34020 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Proposed Rules receiving such services from a regulatory list of designated localities in County in the OPM list of designated subordinate employee. the interim regulation for part 733. In localities also will be published in a Finally, employees who are subject to addition, two individuals requested that local newspaper serving that county. §§ 733.105 and 733.106 would be OPM grant a partial exemption to the This proposal also reflects OPM’s permitted to participate actively in other Federally employed residents of further determination that special or activities associated with elections for Spotsylvania County, Virginia, and one unusual circumstances exist so that it is local partisan political office, such as individual requested that OPM grant a in the domestic interest of Federal stuffing envelopes, making telephone partial exemption to the Federally employees residing in St. Mary’s calls, driving voters to the polls, employed residents of St. Mary’s County, Maryland, to participate in directing a group of uncompensated County, Maryland. these political activities. OPM’s volunteers, or managing the campaign of determination is based upon an independent candidate for local Spotsylvania County, Virginia and St. documentary material provided by the partisan political office. However, their Mary’s County, Maryland applicant as well as interviews of the participation in such activities would be OPM proposes to grant to the Federal applicant and the President of the Board limited to participation as, or on behalf employees residing in Spotsylvania of County Commissioners. Principal of, independent candidates for local County, Virginia, and in St. Mary’s factors in OPM’s determination include partisan political office. Employees County, Maryland, a partial exemption the proximity of St. Mary’s County to would be prohibited from such from the political activity restrictions in the District of Columbia; the rapidly participation on behalf of a candidate 5 U.S.C. 7323(a) (2) and (3), and to add increasing population of the county; for local partisan political office who Spotsylvania County and St. Mary’s significant public issues associated with represents a political party. County to OPM’s regulatory list of the increase in population; the designated localities in 5 CFR 733.104. impending transfer of naval functions to Designated Localities OPM has determined that Spotsylvania naval facilities in that county and Section 7323(a) (2) and (3) of title 5, County and St. Mary’s County, associated increases in Federal United States Code, prohibits Federal respectively, meet the criteria described employees residing in the county; and employees from becoming candidates in 5 U.S.C. 7325 and 5 CFR 733.104 for the statistically significant proportion of for partisan political office and from a partial exemption to issue. county residents who are Federal soliciting, accepting, or receiving In response to separate applications employees. A public notice regarding political contributions. However, 5 from a Federal employee and a retired this proposal to include St. Mary’s U.S.C. 7325 authorizes OPM to Federal employee who reside in County in the OPM list of designated prescribe regulations permitting Federal Spotsylvania County, Virginia, as well localities also will be published in a employees in certain communities to as an application from a Federal local newspaper serving that county. participate in local partisan elections, employee who resides in St. Mary’s If this proposal is adopted as a final without regard to the prohibitions stated County, Maryland, OPM proposes to rule, OPM will add Spotsylvania County in 5 U.S.C. 7323(a) (2) and (3), if the designate those counties as localities in to the list of designated Virginia requirements stated in section 7325 are which Federal employees may run as municipalities and political fulfilled. The first requirement is that independent candidates for local subdivisions, and will add St. Mary’s the community or political subdivision partisan political office and may County to the list of designated must be located in Maryland or Virginia participate in other political activities in Maryland municipalities and political and in the immediate vicinity of the connection with elections for local subdivisions, in which Federal District of Columbia. Alternatively, the public office as specified in Part 733. Government employees may run as majority of the community’s registered However, an employee’s candidacy for, independent candidates for local voters must be employed by the United and service in, a local partisan political partisan political office and may solicit, States Government. The second office must not result in the neglect of, accept, or receive political contributions requirement is that OPM must or interference with, the employee’s as, or on behalf of, independent determine that it is in the domestic performance of the duties of his or her candidates in connection with local interest of the employees to permit that Federal position or create a conflict or elections. The addition of Spotsylvania political participation because of special apparent conflict of interest. County will be listed among the or unusual circumstances existing in the This proposal reflects OPM’s designated Virginia municipalities and municipality or political subdivision. determination that special or unusual political subdivisions after Prince Section 733.105 of the proposed circumstances exist so that it is in the William County and before Stafford regulation reflects these statutory domestic interest of Federal employees County. The addition of St. Mary’s requirements. Under part 733, the residing in Spotsylvania County, County to the designated Maryland exemption from the prohibitions stated Virginia, to participate in these political municipalities and political in 5 U.S.C. 7323(a) (2) and (3) would be activities. OPM’s determination is based subdivisions will be listed after a partial exemption because employees upon documentary material provided by Somerset and before Takoma Park. would be required to run as the applicants as well as interviews of independent candidates for local both applicants and the County The District of Columbia partisan political office, and they would Administrator. Principal factors in The District of Columbia currently is be permitted to participate in other OPM’s determination include the included in the OPM regulatory list of political activities connected with proximity of Spotsylvania County to the designated localities. The District of elections for local public office as District of Columbia; the statistically Columbia was added to this list on July specified in part 733. Section 733.105 significant proportion of county 5, 1977, by the United States Civil also includes a list of designated residents who are Federal employees; Service Commission. In separate localities whose residents have been the rapid growth of the county within comments, two Federal agencies granted a partial exemption by OPM. the past few years; and significant questioned whether the District of Three Federal agencies, two local public issues associated with this rapid Columbia should continue to be listed governments, and one individual growth. A public notice regarding this as a partially exempt municipality in submitted comments concerning the proposal to include Spotsylvania view of the unpublished memorandum Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Proposed Rules 34021 opinion of the United States District exempted localities on May 6, 1977, 42 list of designated localities. OPM has Court for the District of Columbia in FR 23160 (1977), and the District was removed ‘‘Chevy Chase, sections 1 and Ward Three Democratic Committee then added to the list of exempted 2,’’ from the list of designated localities versus United States, No. 78–853 localities, effective July 5, 1977. 42 FR in § 733.104 of the proposed regulation (D.D.C. Aug. 29, 1980). OPM recognizes 34308. and has added the ‘‘Town of Chevy that, when the statutory exemption In a second suit challenging the Chase Village’’ to that list. OPM has requirements were enacted in 1940, validity of section 733.124, the appeals taken this action on the basis of a Congress did not foresee a need for an court remanded the case to the district comment received from an official of the exemption for the District of Columbia court to gather statistical evidence to Town of Chevy Chase Village, who because the District held no local determine whether the majority of advised that sections 1 and 2 of Chevy elections at the time and was, instead, registered voters in the District of Chase are included within the Town of governed by three Commissioners Columbia were employed by the United Chevy Chase Village. States or the District of Columbia appointed by the President of the The interim regulation further governments. Ward Three Democratic United States. includes the ‘‘Town of Fairfax’’ in its Committee versus United States, 609 F. One commentator provided a history list of designated Virginia 2d 10 (D.C. Cir. 1979). On remand, the of the district court decision, noting municipalities and subdivisions. OPM district court found that, based upon the that, on May 30, 1974, the Civil Service has removed the ‘‘Town of Fairfax’’ statistical evidence submitted by the Commission added the District of from the list of designated localities in parties, less than 50 percent of Columbia to the list of exempted § 733.104 of the proposed regulation registered voters in the District of localities at 5 CFR 733.124, retroactively and has added the ‘‘City of Fairfax’’ to effective May 16, 1974. 39 FR 18761 Columbia were employed by the United States Government or the District of that list. OPM has taken this action on (1974). In Joseph versus United States the basis of information received from Civil Service Commission, 554 F. 2d Columbia Government. Thus, the district court held that § 733.124(b), the the Office of the City Attorney for the 1140 (1977), the United States Court of City of Fairfax regarding a Transition Appeals for the District of Columbia regulation which provided for partial exemptions at that time, was ‘‘not Order issued on June 30, 1961, In the declared the exemption for the District Matter of the Town of Fairfax, Virginia, of Columbia invalid because it was not applicable to the District of Columbia and shall not be applied thereto.’’ Ward Applying to Become a City of The published after a notice and comment Second Class, Circuit Court of the period, as required by the Three Democratic Committee versus United States, No. 78–853 (D.D.C. Aug. County of Fairfax, Law No. 10031, and Administrative Procedure Act. The amendment of the Town Charter by the appeals court held that, under the Hatch 29, 1980). OPM notes that this judicial decision was based upon requirements Virginia General Assembly, Acts of Act, the District of Columbia could not Assembly 1962, Ch. 468. qualify under the first alternative for an stated in the Hatch Act for an exemption exemption to issue. Id. at 1154–1155. to issue, but the same requirements also In connection with the regulatory list The appeals court stated in this regard appear in the Reform Amendments. of designated localities, an individual that: OPM is requesting further comments commented generally that some from the public, in particular from the localities on the list may no longer Although there can be no dispute that it is Federal, Postal Service, and District of fulfill the statutory requirements for ‘‘in the immediate vicinity of the District of Columbia,’’ it is equally certain that it is not Columbia government employees who designation as an exempt locality and in the states of Maryland or Virginia. The are registered voters in the District of should therefore be removed from the legislative history of this first alternative Columbia. In the interim, OPM will also list. Except in the possible case of the clearly indicates that it was proposed to pursue a legislative solution to put the District of Columbia, OPM does not restrict the Civil Service Commission’s District of Columbia on the same footing have any evidence to suggest that these exemption authority to areas adjacent to the as the surrounding Virginia and localities may no longer qualify for a District. (Citation omitted.) Admittedly the Maryland localities. partial exemption. failure to include areas within the District may well have been due to the fact that there Other Designated Localities E.O. 12866, Regulatory Review were no elective positions within the District The interim regulation includes This rule has been reviewed by the government in 1940 when the Commission ‘‘Martin’s Additions 1, 2, 3, and 4 to was given its exemption authority. (Footnote Office of Management and Budget in Chevy Chase’’ in its list of designated omitted.) The literal language of the first accordance with E.O. 12866. alternative in subsection 7327(b)(1), however, Maryland municipalities and clearly does not include the District, and subdivisions. OPM proposes to remove Regulatory Flexibility Act although a court should interpret the ‘‘Martin’s Additions 1, 2, 3, and 4 to meaning of statutory language in light of the Chevy Chase’’ from, and add ‘‘Village of I certify that this regulation will not intent of its drafters, we cannot rewrite the Martin’s Additions’’ to, the list of have a significant economic impact on statute to compensate for unforeseen designated localities appearing in a substantial number of small entities circumstances. § 733.104 of the proposed regulation. because the changes will affect only Id. The appeals court also stated that, if OPM based this action on a comment employees of the Federal Government. the Civil Service Commission received from a former local official of List of Subjects in 5 CFR Part 733 republished the exemption, it should Martin’s Additions, who advises that furnish statistical evidence that a ‘‘Martin’s Additions 1, 2, 3, and 4 to Political activities (Government majority of District of Columbia voters Chevy Chase’’ became an incorporated employees). were employed by the United States municipality in 1985. He also advises Office of Personnel Management. Government or the District of Columbia that the name of the subdivision was James B. King, Government. Id. at 1152–1157. In order changed officially to the ‘‘Village of Director. to comply with the decision in Joseph, Martin’s Additions’’ on its the Civil Service Commission incorporation. Accordingly, the Office of Personnel subsequently proposed to add the The interim regulation also includes Management proposes to revise 5 CFR District of Columbia to the list of ‘‘Chevy Chase, sections 1 and 2’’, in its part 733 as follows: 34022 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Proposed Rules

PART 733ÐPOLITICAL ACTIVITYÐ On Duty means the time period when individual who volunteers on behalf of FEDERAL EMPLOYEES RESIDING IN an employee is: any candidate, campaign, political DESIGNATED LOCALITIES (1) In a pay status other than paid party, or partisan political group. leave, compensatory time off, credit Political management means the Sec. hours, time off as an incentive award, or direction or supervision of a partisan 733.101 Definitions. excused or authorized absence political group or campaign for partisan 733.102 Exclusion of employees in the (including leave without pay); or political office. Criminal Division of the United States (2) Representing any agency or Department of Justice. Political party means a national 733.103 Permitted political activities— instrumentality of the United States political party, a State political party, or employees who reside in designated Government or any agency or an affiliated organization. localities. instrumentality of the District of Political purpose means an objective 733.104 Prohibited political activities— Columbia Government in an official of promoting or opposing a political employees who reside in designated capacity. party, candidate for partisan political localities. Partisan when used as an adjective office, or partisan political group. 733.105 Permitted political activities— means related to a political party. Receive means to come into employees who reside in designated Partisan political group means any possession of something from a person localities and are employed in certain committee, club, or other organization officially on behalf of a candidate, a agencies and positions. which is affiliated with a political party 733.106 Prohibited political activities— campaign, a political party, or a partisan employees who reside in designated or candidate for public office in a political group, but does not include localities and are employed in certain partisan election, or organized for a ministerial activities which precede or agencies and positions. partisan purpose, or which engages in follow this official act. 733.107 Designated localities. partisan political activity. Room or building occupied in the Authority: 5 U.S.C. 7325; sec. 8 of Pub. L. Partisan political office means any discharge of official duties by an 104–93, 109 Stat. 961, 966 (Jan. 6, 1996). office for which any candidate is individual employed or holding office in nominated or elected as representing a the Government of the United States or § 733.101 Definitions. party any of whose candidates for any agency thereof includes, but is not In this part: Presidential elector received votes in the limited to: Accept means to come into possession last preceding election at which (1) Any Federally owned space of something from a person officially on Presidential electors were selected, but (including, but not limited to, ‘‘public behalf of a candidate, a campaign, a does not include any office or position buildings’’ as defined in 40 U.S.C. political party, or a partisan political within a political party or affiliated 612(1)) or Federally leased space in group, but does not include ministerial organization. which Federal employees perform activities which precede or follow this Person means an individual; a State, official duties on a regular basis; official act. local, or foreign government; or a (2) Public areas as defined in 40 Candidate means an individual who corporation and the subsidiaries it U.S.C. 490(a)(17) and 41 CFR 101– seeks nomination or election to any controls, company, association, firm, 20.003 of buildings under the custody elective office whether or not the person partnership, society, joint stock and control of the General Services is elected. An individual is deemed to company, or any other organization or Administration. be a candidate if the individual has institution, including any officer, (3) A room or building occupied in received political contributions or made employee, or agent of such person or the discharge of official duties by an expenditures or has consented to entity. individual employed or holding office Political activity means an activity another person receiving contributions in the Government of the United States directed toward the success or failure of or making expenditures with a view to or any agency thereof does not include a political party, candidate for partisan bringing about the individual’s rooms in the White House, or in the political office, or partisan political nomination or election. residence of the Vice President, which group. are part of the Residence area or which Campaign means all acts done by a Political contribution means any gift, candidate and his or her adherents to are not regularly used solely in the subscription, loan, advance, or deposit discharge of official duties. obtain a majority or plurality of the of money or anything of value, made for votes to be cast toward a nomination or Solicit means to request expressly of any political purpose. another person that he or she contribute in an election. (1) A political contribution includes: Election includes a primary, special, something to a candidate, a campaign, a (i) Any contract, promise, or political party, or partisan political runoff, or general election. agreement, express or implied, whether Employee means: group. or not legally enforceable, to make a Subordinate refers to the relationship Any individual (other than the contribution for any political purpose; between two employees when one President, the Vice President, or a (ii) Any payment by any person, other employee is under the supervisory member of the uniformed services) than a candidate or a political party or authority, control or administrative employed or holding office in— affiliated organization, of compensation direction of the other employee. (1) An Executive agency other than for the personal services of another Uniformed services means uniformed the General Accounting Office; person which are rendered to any services as defined in 5 U.S.C. 2101(3). (2) A position within the competitive candidate or political party or affiliated service which is not in an Executive organization without charge for any § 733.102 Exclusion of employees in the agency; political purpose; and Criminal Division of the United States (3) The government of the District of (iii) The provision of personal Department of Justice. Columbia, other than the Mayor or a services, paid or unpaid, for any Employees in the Criminal Division in member of the City Council or the political purpose. the Department of Justice (except Recorder of Deeds; or (2) A political contribution does not employees appointed by the President, (4) The United States Postal Service or include the value of services provided by and with the advice and consent of the Postal Rate Commission. without compensation by any the Senate) specifically are excluded Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Proposed Rules 34023 from coverage under the provisions of (c) An employee covered under this (1) Run as independent candidates for this part. section may not participate in political election to partisan political office in activities: elections for local office in the § 733.103 Permitted political activitiesÐ (1) While he or she is on duty: municipality or political subdivision; employees who reside in designated localities. (2) While he or she is wearing a (2) Solicit, accept, or receive a uniform, badge, or insignia that political contribution as, or on behalf of, (a) This section does not apply to identifies the employing agency or an independent candidate for partisan employees in the agencies and positions instrumentality or the position of the political office in elections for local described in § 733.105(a). employee; office in the municipality or political (b) Employees who reside in a (3) While he or she is in any room or subdivision; municipality or political subdivision building occupied in the discharge of (3) Solicit, accept, or receive designated by OPM under § 733.107 official duties by an individual uncompensated volunteer services as, or may: employed or holding office in the on behalf of, an independent candidate (1) Run as independent candidates for Government of the United States or any for partisan political office in elections election to partisan political office in agency or instrumentality thereof; or for local office in the municipality or elections for local office in the (4) While using a Government-owned subdivision; and municipality or political subdivision; or leased vehicle or while using a (2) Solicit, accept, or receive a (4) Take an active part in other privately owned vehicle in the political activities associated with political contribution as, or on behalf of, discharge of official duties. an independent candidate for partisan elections for local partisan political (d) An employee described in 5 U.S.C. office and in managing the campaigns of political office in elections for local 7324(b)(2) may participate in political office in the municipality or political candidates for election to local partisan activity otherwise prohibited by political office in the municipality or subdivision; § 733.104(c) if the costs associated with (3) Accept or receive a political political subdivision, but only as an that political activity are not paid for by independent candidate or on behalf of, contribution on behalf of an individual money derived from the Treasury of the who is a candidate for local partisan or in opposition to, an independent United States. candidate. political office and who represents a (e) Candidacy for, and service in, a political party; partisan political office shall not result § 733.106 Prohibited political activitiesÐ (4) Solicit, accept, or receive in neglect of, or interference with, the employees who reside in designated uncompensated volunteer services as an performance of the duties of the localities and are employed in certain independent candidate, or on behalf of employee or create a conflict, or agencies and positions. an independent candidate, for local apparent conflict, of interest. (a) Employees who are employed in partisan public office, in connection the agencies and positions described in with the local elections of the § 733.105 Permitted political activitiesÐ § 733.105(a), and who reside in a municipality or subdivision; and employees who reside in designated municipality or political subdivision (5) Solicit, accept, or receive localities and are employed in certain agencies and positions. designated by OPM under § 733.107, uncompensated volunteer services on may not: (a) This section applies to employees behalf of an individual who is a (1) Run as the representative of a who reside in designated localities and candidate for local partisan political political party for local partisan political are employed in the following agencies office and who represents a political office; or positions: party. (2) Solicit, accept, or receive a (1) Federal Election Commission; § 733.104 Prohibited political activitiesÐ (2) Federal Bureau of Investigation; political contribution on behalf of an employees who reside in designated (3) Secret Service; individual who is a candidate for local localities. (4) Central Intelligence Agency; partisan political office and who (a) This section does not apply to (5) National Security Council; represents a political party; employees in the agencies and positions (6) National Security Agency; (3) Knowingly solicit a political described in § 733.105(a). (7) Defense Intelligence Agency; contribution from any Federal (b) Employees who reside in a (8) Merit Systems Protection Board; employee; municipality or political subdivision (9) United States Office of Special (4) Accept or receive a political designated by OPM under § 733.107 Counsel; contribution from a subordinate; may not: (10) Office of Criminal Investigation (5) Solicit, accept, or receive (1) Run as the representative of a of the Internal Revenue Service; uncompensated volunteer services on political party for local partisan political (11) Office of Investigative Programs behalf of an individual who is a office; of the United States Customs Service; candidate for local partisan political (2) Solicit a political contribution on (12) Office of Law Enforcement of the office and who represents a political behalf of an individual who is a Bureau of Alcohol, Tobacco, and party; candidate for local partisan political Firearms; (6) Solicit, accept, or receive office and who represents a political (13) Central Imagery Office; uncompensated volunteer services from party; (14) Career appointees in the Senior a subordinate for any political purpose; (3) Knowingly solicit a political Executive Service; or contribution from any Federal (15) Administrative Law Judges; and (7) Take an active part in other employee, except as permitted under 5 (16) Contract appeals board members political activities associated with U.S.C. 7323(a)(2) (A)–(C). described in 5 U.S.C. 5372a. elections for local partisan political (4) Accept or receive a political (b) Employees who are covered under office, when such participation occurs contribution from a subordinate; or this section and who reside in a on behalf of a political party, partisan (5) Solicit, accept, or receive municipality or political subdivision political group, or a candidate for local uncompensated volunteer services from designated by OPM under § 733.107 partisan political office who represents a subordinate for any political purpose. may: a political party. 34024 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Proposed Rules

(b) An employee covered under this Cottage City (Jan. 15, 1941). DEPARTMENT OF TRANSPORTATION section may not participate in political District Heights (Nov. 2, 1940). activities: Edmonston (Oct. 24, 1940). Federal Aviation Administration (1) While he or she is on duty: Fairmont Heights (Oct. 24, 1940). (2) While he or she is wearing a Forest Heights (April 22, 1949). 14 CFR Part 39 uniform, badge, or insignia that Frederick County (May 31, 1991). [Docket No. 96±NM±220±AD] identifies the employing agency or Garrett Park (Oct. 2, 1940). instrumentality or the position of the Glenarden (May 21, 1941). RIN 2120±AA64 employee; Glen Echo (Oct. 22, 1940). (3) While he or she is in any room or Greenbelt (Oct. 4, 1940). Airworthiness Directives; Saab Model building occupied in the discharge of Howard County (April 25, 1974). SAAB 2000 Series Airplanes official duties by an individual Hyattsville (Sept. 20, 1940). AGENCY: Federal Aviation employed or holding office in the Kensington (Nov. 8, 1940). Administration, DOT. Landover Hills (May 5, 1945). Government of the United States or any ACTION: Notice of proposed rulemaking Martin’s Additions, Village of (Feb. 13, 1941). agency or instrumentality thereof; or (NPRM). (4) While using a Government-owned Montgomery County (April 30, 1964). or leased vehicle or while using a Morningside (May 19, 1949). SUMMARY: This document proposes the privately owned vehicle in the Mount Rainier (Nov. 22, 1940). adoption of a new airworthiness discharge of official duties. New Carrollton (July 7, 1981). directive (AD) that is applicable to (c) An employee described in 5 U.S.C. North Beach (Sept. 20, 1940). certain Saab Model SAAB 2000 series 7324(b)(2) may participate in political North Brentwood (May 6, 1941). airplanes. This proposal would require activity otherwise prohibited by North Chevy Chase (July 22, 1942). a one-time inspection of the hydraulic § 733.104(b) if the costs associated with Northwest Park (Feb. 17, 1943). tubes and electrical harness wires of the that political activity are not paid for by Prince Georges County (June 19, 1962). wing rear access door for chafing, money derived from the Treasury of the Riverdale (Sept. 26, 1940). leakage, or wear damage; repair of any United States. Rockville (April 15, 1948). discrepancy found; and modification of (d) Candidacy for, and service in, a Seat Pleasant (Aug. 31, 1942). the wing rear access door. This proposal partisan political office shall not result Somerset (Nov. 22, 1940). is prompted by reports of interference in neglect of, or interference with, the St. Mary’s County (date to be determined at between the wing rear access door and performance of the duties of the a later date). the hydraulic tubes and electrical Takoma Park (Oct. 22, 1940). employee or create a conflict, or harnesses, and chafing damage to the University Park (Jan. 18, 1941). apparent conflict, of interest. hydraulic tubes. The actions specified Washington Grove (April 5, 1941). § 733.107 Designated localities. by the proposed AD are intended to In Virignia prevent such interference or chafing (a) OPM may designate a municipality damage, which could lead to failure of or political subdivision in Maryland or Alexandria (April 15, 1941). the number 2 hydraulic system or loss Virginia and in the immediate vicinity Arlington County (Sept. 9, 1940). of certain electrical and landing of the District of Columbia, or a Clifton (July 14, 1941). systems, and resultant reduced municipality in which the majority of Fairfax, City of (Feb. 9, 1954). controllability of the airplane. voters are employed by the Government Fairfax County (Nov. 10, 1949). of the United States, when OPM Falls Church (June 6, 1941). DATES: Comments must be received by determines that, because of special or Herndon (April 7, 1945). August 4, 1997. unusual circumstances, it is in the Loudoun County (Oct. 1, 1971). ADDRESSES: Submit comments in domestic interest of employees to Manassas (Jan. 8, 1980). triplicate to the Federal Aviation participate in local elections. Manassas Park (March 4, 1980). Administration (FAA), Transport (b) Information as to the Portsmouth (Feb. 27, 1958). Airplane Directorate, ANM–103, documentation required to support a Prince William County (Feb. 14, 1967). Attention: Rules Docket No. 96–NM– request for designation is furnished by Spotsylvania County (date to be determined 220–AD, 1601 Lind Avenue, SW., the General Counsel of OPM on request. at a later date). Renton, Washington 98055–4056. (c) The following municipalities and Stafford County (Nov. 2, 1979). Comments may be inspected at this political subdivisions have been Vienna (March 18, 1946). location between 9:00 a.m. and 3:00 designated, effective on the day Other Municipalities p.m., Monday through Friday, except specified: Anchorage, Alaska (Dec. 29, 1947). Federal holidays. The service information referenced in In Maryland Benicia, Calif. (Feb. 20, 1948). the proposed rule may be obtained from Annapolis (May 16, 1941). Bremerton, Wash. (Feb. 27, 1946). Centerville, Ga. (Sept. 16, 1971). SAAB Aircraft AB, SAAB Aircraft Anne Arundel County (March 14, 1973). Product Support, S–581.88, Linko¨ping, Berwyn Heights (June 15, 1944). Crane, Ind. (Aug. 3, 1967). Bethesda (Feb. 17, 1943). District of Columbia (July 5, 1977). Sweden. Bladensburg (April 20, 1942). Elmer City, Wash. (Oct. 28, 1947). This information may be examined at Bowie (April 11, 1952). Huachuca City, Ariz. (April 9, 1959). the FAA, Transport Airplane Brentwood (Sept. 26, 1940). New Johnsonville, Tenn. (April 26, 1956). Directorate, 1601 Lind Avenue, SW., Calvert County (June 18, 1992). Norris, Tenn. (May 6, 1959). Renton, Washington. Capitol Heights (Nov. 12, 1940). Port Orchard, Wash. (Feb. 27, 1946). FOR FURTHER INFORMATION CONTACT: Cheverly (Dec. 18, 1940). Sierra Vista, Ariz. (Oct. 5, 1955). Ruth Harder, Aerospace Engineer, Chevy Chase, section 3 (Oct. 8, 1940). Chevy Chase, section 4 (Oct. 2, 1940). Warner Robins, Ga. (March 19, 1948). Standardization Branch, ANM–113, FAA, Transport Airplane Directorate, Chevy Chase View (Feb. 26, 1941). [FR Doc. 97–16424 Filed 6–23–97; 8:45 am] Chevy Chase Village, Town of (March 4, 1601 Lind Avenue, SW., Renton, 1941). BILLING CODE 6325±01±P Washington 98055–4056; telephone College Park (June 13, 1945). (425) 227–1721; fax (425) 227–1149. Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Proposed Rules 34025

SUPPLEMENTARY INFORMATION: 2. Damage to the electrical harnesses, accordance with the Saab service Comments Invited which could lead to the failure of bulletin described previously. certain electrical systems, including Cost Impact Interested persons are invited to those used for aileron trim control and participate in the making of the engine starting capability. The FAA estimates that 3 Saab Model proposed rule by submitting such SAAB 2000 series airplanes of U.S. written data, views, or arguments as Explanation of Relevant Service Information registry would be affected by this they may desire. Communications shall proposed AD, that it would take identify the Rules Docket number and Saab has issued Service Bulletin approximately 4 work hours per be submitted in triplicate to the address 2000–53–010, Revision 01, dated airplane to accomplish the proposed specified above. All communications October 10, 1995, which describes actions, and that the average labor rate received on or before the closing date procedures for a one-time visual is $60 per work hour. Required parts for comments, specified above, will be inspection of the hydraulic tubes and would be provided by the manufacturer considered before taking action on the electrical harness wires of the wing rear at no cost to operators. Based on these proposed rule. The proposals contained access door for chafing, leakage, or wear figures, the cost impact of the proposed in this notice may be changed in light damage; and repair of any discrepancy AD on U.S. operators is estimated to be of the comments received. found. The service bulletin also $720, or $240 per airplane. Comments are specifically invited on describes procedures for modification of The cost impact figure discussed the overall regulatory, economic, the wing rear access door, which above is based on assumptions that no environmental, and energy aspects of includes the application of silicon tape operator has yet accomplished any of the proposed rule. All comments to the electrical harnesses. the proposed requirements of this AD submitted will be available, both before Accomplishment of the modification action, and that no operator would and after the closing date for comments, will prevent interference between the accomplish those actions in the future if in the Rules Docket for examination by wing rear access door and the hydraulic this AD were not adopted. interested persons. A report tubes and electrical harnesses. summarizing each FAA-public contact The LFV classified this service Regulatory Impact concerned with the substance of this bulletin as mandatory and issued The regulations proposed herein proposal will be filed in the Rules Swedish airworthiness directive (SAD) would not have substantial direct effects Docket. 1–077R2, dated June 9, 1997, in order to on the States, on the relationship Commenters wishing the FAA to assure the continued airworthiness of between the national government and acknowledge receipt of their comments these airplanes in Sweden. the States, or on the distribution of submitted in response to this notice power and responsibilities among the must submit a self-addressed, stamped FAA’s Conclusions various levels of government. Therefore, postcard on which the following This airplane model is manufactured in accordance with Executive Order statement is made: ‘‘Comments to in Sweden and is type certificated for 12612, it is determined that this Docket Number 96–NM–220–AD.’’ The operation in the United States under the proposal would not have sufficient postcard will be date stamped and provisions of section 21.29 of the federalism implications to warrant the returned to the commenter. Federal Aviation Regulations (14 CFR 21.29) and the applicable bilateral preparation of a Federalism Assessment. Availability of NPRMs airworthiness agreement. Pursuant to For the reasons discussed above, I Any person may obtain a copy of this this bilateral airworthiness agreement, certify that this proposed regulation (1) NPRM by submitting a request to the the LFV has kept the FAA informed of is not a ‘‘significant regulatory action’’ FAA, Transport Airplane Directorate, the situation described above. The FAA under Executive Order 12866; (2) is not ANM–103, Attention: Rules Docket No. has examined the findings of the LFV, a ‘‘significant rule’’ under the DOT 96–NM–220–AD, 1601 Lind Avenue, reviewed all available information, and Regulatory Policies and Procedures (44 SW., Renton, Washington 98055–4056. determined that AD action is necessary FR 11034, February 26, 1979); and (3) if promulgated, will not have a significant Discussion for products of this type design that are certificated for operation in the United economic impact, positive or negative, The Luftfartsverket (LFV), which is States. on a substantial number of small entities the airworthiness authority for Sweden, under the criteria of the Regulatory notified the FAA that an unsafe Explanation of Requirements of Flexibility Act. A copy of the draft condition may exist on certain Saab Proposed Rule regulatory evaluation prepared for this Model SAAB 2000 series airplanes. The Since an unsafe condition has been action is contained in the Rules Docket. LFV advises of several reports of identified that is likely to exist or A copy of it may be obtained by interference between the wing rear develop on other airplanes of the same contacting the Rules Docket at the access door and the hydraulic tubes and type design registered in the United location provided under the caption electrical harnesses, and one report of States, the proposed AD would require ADDRESSES. chafing damage to the hydraulic tubes a one-time visual inspection of the List of Subjects in 14 CFR Part 39 on one airplane. The following hydraulic tubes and electrical harness conditions, if not corrected, could result wires of the wing rear access door for Air transportation, Aircraft, Aviation in reduced controllability of the chafing, leakage, or wear damage; repair safety, Safety. airplane: of any discrepancy found; and The Proposed Amendment 1. Damage to the hydraulic tubes, modification of the wing rear access which could cause hydraulic fluid door. Accordingly, pursuant to the leakage and the consequent failure of Repair of the hydraulic tubes would authority delegated to me by the the number 2 hydraulic system that be required to be accomplished in Administrator, the Federal Aviation supplies hydraulic pressure to certain accordance with a method approved by Administration proposes to amend part airplane flight control and landing the FAA. Other actions would be 39 of the Federal Aviation Regulations systems. required to be accomplished in (14 CFR part 39) as follows: 34026 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Proposed Rules

PART 39ÐAIRWORTHINESS with Saab Service Bulletin 2000–53–010, Building #111, John F. Kennedy DIRECTIVES Revision 01, dated October 10, 1995. International Airport, Jamaica, New (d) An alternative method of compliance or York 11430. 1. The authority citation for part 39 adjustment of the compliance time that An informal docket may also be continues to read as follows: provides an acceptable level of safety may be used if approved by the Manager, examined during normal business hours Authority: 49 U.S.C. 106(g), 40113, 44701. Standardization Branch, ANM–113. in the Operations Branch, AEA–530, Operators shall submit their requests through F.A.A. Eastern Region, Federal Building §39.13 [Amended] an appropriate FAA Principal Maintenance #111, John F. Kennedy International 2. Section 39.13 is amended by Inspector, who may add comments and then Airport, Jamaica, NY 11430. adding the following new airworthiness send it to the Manager, Standardization FOR FURTHER INFORMATION CONTACT: directive: Branch, ANM–113. Mr. Francis T. Jordan, Jr., Airspace SAAB Aircraft AB: Docket 96–NM–220– Note 2: Information concerning the Specialist, Operations Branch, AEA– AD. existence of approved alternative methods of compliance with this AD, if any, may be 530, F.A.A. Eastern Region, Federal Applicability: Model SAAB 2000 series # obtained from the Standardization Branch, Building 111, John F. Kennedy airplanes, serial numbers –004 through –030 ANM–113. International Airport, Jamaica, New inclusive, certificated in any category. (e) Special flight permits may be issued in York 11430; telephone: (718) 553–4521. Note 1: This AD applies to each airplane accordance with sections 21.197 and 21.199 identified in the preceding applicability SUPPLEMENTARY INFORMATION: of the Federal Aviation Regulations (14 CFR provision, regardless of whether it has been 21.197 and 21.199) to operate the airplane to Comments Invited otherwise modified, altered, or repaired in a location where the requirements of this AD the area subject to the requirements of this Interested parties are invited to can be accomplished. AD. For airplanes that have been modified, participated in this proposed altered, or repaired so that the performance Issued in Renton, Washington, on June 17, 1997. rulemaking by submitting such written of the requirements of this AD is affected, the data, views, or arguments as they may S.R. Miller, owner/operator must request approval for an desire. Comments that provide the alternative method of compliance in Acting Manager, Transport Airplane factual basis supporting the views and accordance with paragraph (d) of this AD. Directorate, Aircraft Certification Service. suggestions presented are particularly The request should include an assessment of [FR Doc. 97–16407 Filed 6–23–97; 8:45 am] the effect of the modification, alteration, or helpful in developing reasoned repair on the unsafe condition addressed by BILLING CODE 4910±13±U regulatory decisions on the proposal. this AD; and, if the unsafe condition has not Comments are specifically invited on been eliminated, the request should include the overall regulatory, aeronautical, DEPARTMENT OF TRANSPORTATION specific proposed actions to address it. economic, environmental, and energy- Compliance: Required as indicated, unless Federal Aviation Administration related aspects of the proposal. accomplished previously. Communications should identify the To prevent damage to the hydraulic tubes 14 CFR Part 71 airspace docket number and be and electrical harnesses, which could lead to submitted in triplicate to the address failure of the number 2 hydraulic system or [Airspace Docket No. 97±AEA±25] loss of certain electrical and landing systems, listed above. Commenters wishing the and resultant reduced controllability of the Proposed Amendment of Class E FAA to acknowledge receipt of their airplane, accomplish the following: Airspace; Kutztown, PA comments on this notice must submit (a) Within 60 days after the effective date with those comments a self-addressed, of this AD, perform a one-time visual AGENCY: Federal Aviation stamped postcard on which the inspection of the hydraulic tubes and Administration (FAA), DOT. following statement is made: electrical harness wires of the wing rear ACTION: Notice of proposed rulemaking. ‘‘Comments to Airspace Docket No. 97– access door for chafing, leakage, or wear AEA–25’’. The postcard will be date/ damage; in accordance with paragraph B. of SUMMARY: This proposed rule would time stamped and returned to the the Accomplishment Instructions of Saab amend Class E5 Airspace at Kutztown, commenter. Service Bulletin 2000–53–010, Revision 01, PA. The development of a new Standard dated October 10, 1995. All communications received before Instrument Approach Procedure (SIAP) the specified closing date for comments (1) If any chafing or leakage of the at Kutztown Airport based on the Global hydraulic tubes is detected, prior to further will be considered before taking on the flight, repair in accordance with a method Positioning System (GPS) has made this proposed rule. The proposal contained approved by the Manager, Standardization proposal necessary. Additional in this notice may be changed in the Branch, ANM–113, FAA, Transport Airplane controlled airspace extending upward light of comments received. All Directorate. from 700 feet above ground level (AGL) comments submitted will be available (2) If any damage to the metal braid or wire is needed to accommodate this SIAP for examination in the Rules Docket insulation is detected, prior to further flight, and for Instrument Flight Rules (IFR) both before and after the closing date for repair in accordance with paragraph E. of the operations to the airport. The area Accomplishment Instructions of Saab Service comments. A report summarizing each would be depicted on aeronautical substantive public contact with the FAA Bulletin 2000–53–010, Revision 01, dated charts for pilot reference. October 10, 1995. personnel concerned with this (b) Within 60 days after the effective date DATES: Comments must be received on rulemaking will be filed in the docket. of this AD, modify the wing rear access door or before July 20, 1997. and apply silicon tape to the electrical ADDRESSES: Send comments on the Availability of NPRMs harnesses, in accordance with paragraph C. proposed rule in triplicate to: Manager, Any person may obtain a copy of this of the Accomplishment Instructions of Saab Operations Branch, AEA–530, Docket Notice of Proposed Rulemaking (NPRM) Service Bulletin 2000–53–010, Revision 01, No. 97–AEA–25, F.A.A. Eastern Region, by submitting a request to the Office of dated October 10, 1995. # (c) As of the effective date of this AD, no Federal Building 111, John F. Kennedy the Assistant Chief Counsel, AEA–7, Int’l Airport, Jamaica, NY 11430. The F.A.A. Eastern Region, Federal Building person shall install wing rear access doors, # part numbers 7353500–713/ -714 or official docket may be examined in the 111, John F. Kennedy International 7353500–715/ -716, on any airplane, unless Office of the Assistant Chief Counsel, Airport, Jamaica, NY 11430. the part has been modified in accordance AEA–7, F.A.A. Eastern Region, Federal Communications must identify the Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Proposed Rules 34027 notice number of this NPRM. Persons Authority: 49 U.S.C. 106(g), 40103, 40113, DATES: Written comments must be interested in being placed on a mailing 40120; E.O. 10854; 24 FR 9565, 3 CFR, 1959– received by August 25, 1997. 1963 Comp., p. 389; 14 CFR 11.69. list for future NPRMs should also ADDRESSES: Send written comments to : request a copy of Advisory Circular No. § 71.1 [Amended] Chief, Wine, Beer, and Spirits 11–2A, which describes the application 2. The incorporation by reference in Regulations Branch, Bureau of Alcohol, procedure. 14 CFR 71.1 of the Federal Aviation Tobacco and Firearms, P.O. Box 50221, The Proposal Administration Order 7400.9D, dated Washington, DC 20091–0221 (Attn: September 4, 1996, and effective Notice No. 853). Copies of the petition, The FAA is considering an September 16, 1996, is proposed to be the proposed regulations, the amendment to Part 71 of the Federal amended as follows: appropriate maps, and any written Aviation Regulations (14 CFR part 71) to comments received will be available for amend the Class E airspace area at Paragraph 6005 Class E airspace areas public inspection during normal Kutztown, PA. A GPS Runway (RWY) extending upward from 700 feet or more business hours at ATF Reading Room, 17 SIAP has been developed for above the surface of the earth. Office of Public Affairs and Disclosure, Kutztown Airport. Additional * * * * * Room 6480, 650 Massachusetts Avenue, controlled airspace extending upward AEA PA E5 Kutztown, PA [Revised] NW, Washington, DC 20226. from 700 fee above ground level (AGL) Kutztown Airport, PA FOR FURTHER INFORMATION CONTACT: is needed to accommodate this SIAP (Lat. 40°30′13′′ N, long. 75°47′14′′ W.) David Brokaw, Wine, Beer and Spirits and for IFR operations at the airport. That airspace extending upward from 700 Regulations Branch, Bureau of Alcohol, The area would be depicted on feet above the surface within a 6.5-mile Tobacco and Firearms, 650 appropriate aeronautical charts. Class E radius of Kutztown Airport and within 3.5 Massachusetts Avenue, NW, airspace designations for airspace miles northeast and 5.3 miles southwest of Washington, DC 20226, (202) 927–8230. extending upward from 700 feet above the 340° bearing from the airport extending the surface are published in Paragraph from the 6.5-mile radius to 17 miles SUPPLEMENTARY INFORMATION: 6005 of FAA Order 7400.9D, dated northwest of the airport, excluding the portions that coincides with the Allentown, Background September 4, 1996, and effective PA, and Reading, PA and Lehighton, PA On August 23, 1978, ATF published September 16, 1996, which is Class E airspace areas. Treasury Decision ATF–53 (43 FR incorporated by reference in 14 CFR * * * * * 37672, 54624) revising regulations in 27 71.1. The Class E airspace designation Issued in Jamaica, New York, on June 10, CFR part 4. These regulations allow the listed in this document would be 1997. establishment of definitive viticultural published subsequently in the Order. James K. Buckles, areas. The regulations allow the name of The FAA has determined that this Acting Manager, Air Traffic Division, Eastern an approved viticultural area to be used proposed regulation only involves an Region. as an appellation of origin on wine established body of technical [FR Doc. 97–16465 Filed 6–23–97; 8:45 am] labels and in wine advertisements. On regulations for which frequent and BILLING CODE 4910±13±M October 2, 1979, ATF published routine amendments are necessary to Treasury Decision ATF–60 (44 FR keep them operationally current. 56692) which added a new part 9 to 27 Therefore, this proposed regulation—(1) DEPARTMENT OF THE TREASURY CFR, for the listing of approved is not a ‘‘significant regulatory action’’ American viticultural areas, the names under Executive Order 12866; (2) is not Bureau of Alcohol, Tobacco and of which may be used as appellations of a ‘‘significant rule’’ under DOT Firearms origin. Regulatory Policies and Procedures (44 Section 4.25a(e)(1), title 27, CFR, FR 11034; February 26, 1979); and (3) 27 CFR Part 9 defines an American viticultural area as does not warrant preparation of a a delimited grape-growing region regulatory evaluation as the anticipated RIN 1512±AA07 distinguishable by geographic features, impact is so minimal. Since this is a [Notice No. 853] the boundaries of which have been routine matter that would only affect air delineated in subpart C of part 9. traffic procedures and air navigation, it Diablo Grande Viticultural Area Section 4.25a(e)(2) outlines the is certified that this proposed rule (97±104) procedure for proposing an American would not have a significant economic viticultural area. Any interested person impact on a substantial number of small ACTION: Notice of proposed rulemaking. may petition ATF to establish a grape- entities under the criteria of the growing region as a viticultural area. Regulatory Flexibility Act. SUMMARY: The Bureau of Alcohol, The petition should include: Tobacco and Firearms (ATF) has (a) Evidence that the name of the List of Subjects in 14 CFR Part 71 received a petition proposing the proposed viticultural area is locally Airspace, Incorporation by reference, establishment of a viticultural area and/or nationally known as referring to Navigation (air). located in the western foothills of the area specified in the petition; Stanislaus County, California to be (b) Historical or current evidence that The Proposed Amendment known as ‘‘Diablo Grande.’’ The the boundaries of the viticultural area In consideration of the foregoing, the proposed area occupies over 45 square are as specified in the petition; Federal Aviation Administration miles, or approximately 30,000 acres. (c) Evidence relating to the proposes to amend 14 CFR part 71 as The petition was submitted by Dr. geographical characteristics (climate, follows: Vincent E. Petrucci, Sc.D., on behalf of soil, elevation, physical features, etc.) the Diablo Grande Limited Partnership, which distinguish the viticultural PART 71Ð[AMENDED] the principal property owner within the features of the proposed area from proposed viticultural area and surrounding areas; 1. The authority citation for Part 71 developers of the Diablo Grande Resort (d) A description of the specific continues to read as follows: Community. boundaries of the viticultural area, 34028 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Proposed Rules based on features which can be found of Stanislaus County, the location of the temperature between the proposed on United States Geological Survey proposed area. Therefore, despite the viticultural area and areas immediately (U.S.G.S.) maps of the largest applicable fact the petitioner submitted some outside the proposed area. The data was scale; and evidence justifying the use of the name taken from four separate weather (e) A copy (or copies) of the ‘‘Diablo Grande’’ for the proposed area, stations located in Newman (10 miles appropriate U.S.G.S. map(s) with the ATF is soliciting comments on the east), Westley (10 miles north), Tracy boundaries prominently marked. propriety of using this name. (25 miles north) and Modesto (30 miles Petition northeast). The petitioner chose these Historical or Current Evidence That the areas because they were the closest The Bureau of Alcohol, Tobacco and Boundaries of the Viticultural Area Are areas with climate records. According to Firearms (ATF) has received a petition as Specified in the Petition the table, ‘‘Diablo Grande’’ is 384 degree proposing the establishment of a As evidence that the boundaries of the days warmer than Modesto, 191 degree viticultural area located in the western proposed viticultural area are as days cooler than Newman, 243 degree foothills of Stanislaus County, specified in the petition, the petitioner days cooler than Tracy, and 1022 degree California to be known as ‘‘Diablo submitted a map titled, ‘‘Stanislaus days cooler than Westley. Based on this Grande.’’ The petition was submitted by County Vicinity Map’’ drawn by data the petitioner claims that the Dr. Vincent E. Petrucci, Sc.D., on behalf Thompson-Hysell Engineers. The grapes from the proposed viticultural of the Diablo Grande Limited petitioner also submitted a newspaper area would mature slightly earlier than Partnership, the principal property article from The Modesto Bee dated those grown in Modesto and would owner within the proposed viticultural June 28, 1993, showing the boundary mature slightly later than grapes grown area and developers of the Diablo area (map) in respect to Interstate in Newman, Westley, or Tracy. Grande Resort Community. The Highway 5, the city of Patterson, the The petitioner has submitted a four proposed area occupies over 45 square City of Newman, and the Santa Clara year record of rainfall spanning from miles, or approximately 30,000 acres. County line. The border for ‘‘Diablo 1992 to 1995 for the proposed According to the petitioner, currently Grande’’ illustrated on the ‘‘Stanislaus viticultural area. The petitioner there are 35 acres of grapes planted with County Vicinity Map’’ and the maps in provided a table illustrating the contrast an additional 17 acres planned for 1997. the newspaper article are non specific, in monthly and annual rainfall in inches The petitioner claims that the proposed giving the general location within between the proposed area and areas area can accommodate an additional Stanislaus County, California. The immediately outside of the proposed 2700 acres of future grape plantings. Modesto Bee article describes the site as area. The rainfall data shows that the Evidence That the Name of the Area is being located about five miles west of proposed area has an annual rainfall Locally or Nationally Known Interstate 5 and seven miles southwest 13.8% to 22.6% higher than the other of Patterson consisting of gently sloping four areas (Newman, Westley, Modesto, According to the petitioner, the name, and Tracy). The petitioner claims that ‘‘Diablo Grande,’’ has been given to this hills to steep ridges in the Diablo Range, an eastern arm of the Coast Ranges. The the higher rainfall in the proposed proposed viticultural area because of its viticultural area is due to its higher proximity to Mount Diablo, the highest article further describes the site as encompassing portions of three major elevation (800 to 2600 feet) as compared mountain peak of the Pacific Coast to the other four areas which range in mountain range. The petitioner claims watersheds—Orestimba, Crow, and Salado Creeks. elevation from 40 to 300 feet. According that the name, ‘‘Diablo Grande,’’ has to the petitioner, rainfall generally become well-known to the residents of Evidence Relating to the Geographical occurs during the winter in all five California, and perhaps the nation, Features (Climate, Soil, Elevation, areas, with little or no rainfall during because of a multitude of newspaper Physical Features, etc.) Which the summer months. articles regarding development of the Distinguish Viticultural Features of the According to the petitioner, due to its destination resort and residential Proposed Area From Surrounding elevation and the protective mountains, community in the proposed viticultural Areas the proposed area lies above the fog belt area. The resort community has been in in contrast with areas immediately Climate existence since the early 1990s. To outside of the proposed area. In the support the name, the petitioner According to the petitioner, in Newman, Patterson, and Westley areas, provided copies of 21 newspaper December, 1990, an automata weather fog is a common occurrence throughout articles. With the exception of the Golf station was installed at the ‘‘Diablo the rainy season in all but the foothill Course Report, Alexandria, Virginia, all Grande’’ test vineyard site by Dr. regions. The petitioner claims that the of the articles are from local California Charles F. Krauter, professor of soils and absence of fog in the proposed area is newspapers. These articles discuss the water in the Department of Plant a unique feature which promotes a development of the resort and the Science, California State University, much higher quantity of solar radiation difficulties encountered by the Fresno, California. The recorded data resulting in the rate of photosynthesis developers in obtaining approval for, from the weather station includes being maximized providing for better and completion of, construction. temperature (maximum, minimum, vine growth and a greater leaf canopy There is, however, some evidence that average, and degree days), rainfall, surface. the area occupied by the resort was humidity, solar radiation, wind (speed According to the petitioner, the historically known as the ‘‘Oak Flats and direction), and evapotranspiration predominant wind directions are from Valley.’’ Many of the articles submitted rate. northeast to northwest in the proposed by the petitioner refer to the area as the The petitioner states that while the viticultural area due to the orientation ‘‘Oak Flats Valley Ranch’’ or the ‘‘Oak above parameters of climate are very of the many mini-valleys encompassing Flats Valley.’’ No evidence was important, wine grape regions have been the area and the wind deflection caused provided that the area was tied to classified according to heat summation by the hills surrounding these mini- Mount Diablo prior to the development units called degree days. The petitioner valleys. The petitioner claims that this of the resort. It should be noted that provided a table of heat summation in is a unique feature of the proposed Mount Diablo is several counties north degree days illustrating the contrast in viticultural area’s micro-climate as Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Proposed Rules 34029 contrasted with the Newman/Westley to 5% and elevations of 200 to 400 feet. of the proposed area is part of the Henry areas where the reverse is true with the The soils in the proposed viticultural W. Coe State Park and although this area predominant winds coming from the area are derived from sandstone and includes some of the same soil series as northwest, typical of the flat lands vary from shallow to very deep with the proposed area, there are also many outside of the proposed viticultural most of the complexes showing new series including Gonzaga clay, area’s perimeter. moderate depth. The soils are well- Honker clay, Franciscan clay loam, drained to somewhat excessively- Vellecitos clay, Gaviota gravelly loam, Soils drained. Permeability varies from slow Henneke clay, Hentine loam, and Hytop According to the petitioner, the soil to moderately rapid, surface run-off clay. The petitioner states that these characteristics of the proposed rates are rapid and, according to the soils generally have slopes of 30% to viticultural area are not only different petitioner, the potential for water 75% and elevations of 700 to 3300 feet. and distinct from those of the lower erosion can be severe. The petitioner According to the petitioner, the foothills and Central Valley to the east provided a table giving a complete results of these soil analyses and the and north, but they are also different description of the characteristics for characteristics of the soil types found in from other areas of the Diablo Range to each soil type. the proposed viticultural area, in the south and west of the proposed In contrast to the soils of the proposed combination with the climate and viticultural area. viticultural area, the petitioner claims topography and the use of drip The petitioner provided a general that the soils of the surrounding areas irrigation, not only make the proposed description of the soils in the form of a are largely composed of different soil viticultural area suitable for the report entitled, ‘‘Diablo Grande Specific series with different characteristics, production of wine grapes but also make Plan Draft Environmental Impact including elevations and slopes. The it a unique and singular viticultural area Report’’ prepared by LSA Associates, petitioner provided an exhibit defining which is completely distinctive from the Inc., Pt. Richmond, California for the the various soil series and soil types, surrounding area. Stanislaus County Department of and an exhibit with aerial photographic Topography Planning and Community Development. maps showing soil type location by map The petitioner also submitted a report numbers. According to the petitioner, the from the Soil Conservation Service While most of the soil series which geography of the proposed viticultural which recently mapped soils within the are found within the proposed area sets it apart from the surrounding proposed viticultural area and identified viticultural area can also be found in the areas in several respects. Three main 16 major soil types. nearby surrounding areas, the petitioner water courses traverse the area: Salado Finally, the petitioner states that claims that these series represent very Creek, Crow Creek, and Orestimba extensive soil sampling and detailed small portions of the total in those Creek. Salado and Crow Creek traverse analysis (both physical and chemical) surrounding areas. Additionally, the the area from the vicinity of Mikes Peak have been conducted at two different petitioner states that many of the soil along the western boundary of the locations within the proposed series which make up the major soil proposed area, northeast and east viticultural area. According to the types of the surrounding areas are not respectively, toward Interstate 5. petitioner, in December of 1989, thirteen found at all within the proposed area. Orestimba Creek traverses the samples were taken at various sites in The petitioner states that these soil southwestern and southern boundary the vicinity of the Oak Flat Ranch. In types include Capay clay, Vernalis clay line as it flows eastward. May of 1996, fourteen samples from loam, Stomar clay loam, Chaqua clay The petitioner claims that current Isom Ranch were collected and loam, Calla clay loam, Carbona clay, Alo vineyard plantings are at elevations analyzed. A copy of these analysis was clay, Vaquero clay, El Salado loam and ranging from 1000 feet msl near the included with the petition. fine sandy loam. According to the vineyard located in the vicinity of the The petitioner claims that these petitioner, these series are found to the Oak Flat Ranch to 1800 feet msl at the reports show that a majority of the soils east and north of the proposed Isom Ranch. The petitioner states that found in the proposed viticultural area viticultural area. The petitioner states these vineyard site elevations are the are composed of the following series that most of these series have slopes of highest elevations where grapes are listed in approximate order of 0% to 2% and elevations of 25 to 400 grown in Stanislaus County. The occurrence: Arburua loam, Wisflat feet with four of these series having petitioner contrasts this with other sandy loam, Contra Costa clay loam, and slopes up to 8%, 15%, 30%, and 50% Stanislaus County vineyards outside the San Timoteo sandy loam, with lesser respectively and elevations from 300 to proposed area where grapes are grown amounts of Zacharias clay loam and 1600 feet. at elevations ranging from 70 to 90 feet gravelly clay loam. According to the The petitioner states that there is at Modesto to 300 to 340 feet at the base petitioner, most of the soils are another major difference between the of the foothills near Patterson where a complexes made up of two or more of proposed viticultural area soils and newly planted vineyard (1996) of 90 these series as well as occasional rock most of those to the east and north. The acres exists approximately 4.2 miles east outcrops of exposed sandstone and ‘‘Diablo Grande’’ soils are residual soils of the proposed viticultural area shale. The petitioner claims that in formed from sedimentary deposits of boundary. The petitioner distinguishes these complexes, the soil series are so sandstone and calcareous sandstone this vineyard site from the proposed intimately intermixed that it is not while most of the surrounding soils are viticultural area by noting that the practical to separate them from alluvial deposits of mixed rock Patterson site is 340 feet lower and has geographically. parent material having lower slopes and a soil type which is all Vernalis- The petitioner asserts that the reports elevations. Zacharias complex with 0% to 2% show that the soils within the proposed According to the petitioner, the area slopes. The petitioner claims that these viticultural area typically have slopes surrounding the proposed viticultural conditions do not exist in the proposed ranging from 30% to 75% and area to the west and south includes the viticultural area. elevations from 400 to 2700 feet. An Orestimba Creek Canyon beyond which The petitioner also notes that the exception is the relatively minor lies a more rugged portion of the Diablo topographic features of the proposed Zacharias series which has slopes of 2% Range. Much of the land directly west viticultural area include many ‘‘mini- 34030 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Proposed Rules valleys’’ as a result of its mountainous Stanislaus Co., and Orestimba Peak, Regulatory Flexibility Act structure. The petitioner states that this California—Stanislaus Co. It is hereby certified that this provides several attributes not found in Public Participation—Written proposed regulation will not have a the vineyards planted on the flat lands Comments significant economic impact on a in the interior of Stanislaus County. substantial number of small entities. Grapes grown on the terraced hillsides ATF requests comments from all Any benefit derived from the use of a of the proposed area are subject to a interested persons. Comments received viticultural area name is the result of the mesoclimate (or topoclimate or site on or before the closing date will be proprietor’s own efforts and consumer climate) which can vary from the carefully considered. Comments acceptance of wines from a particular general macroclimate due to differences received after that date will be given the area. No new requirements are mainly in elevation and slope. Thus, same consideration if it is practical to proposed. Accordingly, a regulatory according to the petitioner, site do so. However, assurance of flexibility analysis is not required. selection becomes an important feature consideration can only be given to when working with this type of comments received on or before the Executive Order 12866 topography as contrasted to the flat closing date. It has been determined that this lands of 1% to 2% slopes. According to ATF is particularly interested in proposed regulation is not a significant the petitioner, there is the opportunity comments concerning the propriety of regulatory action as defined in to grow grapes on slopes (15%–30%) using the name ‘‘Diablo Grande’’ for this Executive Order 12866. Accordingly, that have western, eastern, southern, or proposed viticultural area since there this proposal is not subject to the northern exposure or any combination appears to be no evidence that this analysis required by this Executive of all four slope exposures. name was associated with this area prior order. According to the petitioner, while to the construction of the resort. degree days associated with a ATF will not recognize any submitted Drafting Information macroclimate may be similar to that of material as confidential and comments The principal author of this document a mesoclimate, it is the makeup of the may be disclosed to the public. Any is David W. Brokaw, Wine, Beer, and mesoclimate of the proposed viticultural material which the commenter Spirits Regulations Branch, Bureau of area that makes its climate different considers to be confidential or Alcohol, Tobacco and Firearms. from that of the surrounding areas. The inappropriate for disclosure to the List of Subjects in 27 CFR Part 9 petitioner provided a diagram public should not be included in the purporting to show how mesoclimates comments. The name of the person Administrative practices and are influenced by sloping contour submitting a comment is not exempt procedures, Consumer protection, topography. According to the petitioner, from disclosure. Viticultural areas, Wine. the southern and western slopes receive Comments may be submitted by a greater exposure to sunshine and, Authority and Issuance facsimile transmission to (202) 927– therefore, accumulate more heat units 8602, provided the comments: (1) are Title 27, Code of Federal Regulations, than the northern or eastern slopes. The part 9, American Viticultural Areas, is legible; (2) are 81⁄2′′ x 11′′ in size, (3) petitioner claims that it is this proposed to be amended as follows: difference in sunshine and heat that contain a written signature, and (4) are makes the proposed viticultural area’s three pages or less in length. This PART 9ÐAMERICAN VITICULTURAL mesoclimate. According to the limitation is necessary to assure AREAS petitioner, grapes grown on all four reasonable access to the equipment. Paragraph 1. The authority citation slope exposures, when harvested Comments sent by FAX in excess of for part 9 continues to read as follows: together and crushed as one lot, make three pages will not be accepted. wines that differ considerably from Receipt of FAX transmittals will not be Authority: 27 U.S.C. 205. grapes grown on the lower elevation flat acknowledged. Facsimile transmitted lands. The petitioner claims that this is comments will be treated as originals. Subpart CÐApproved American the key factor which makes the Any person who desires an Viticultural Areas opportunity to comment orally at a proposed viticultural area wines distinct Par. 2. Subpart C is amended by public hearing on the proposed from those of the surrounding area. In adding § 9.156 to read as follows: support of this claim the petitioner regulation should submit his or her provided several letters from staff request, in writing, to the Director § 9.156 Diablo Grande. members at the Viticulture and Enology within the 60-day comment period. The (a) Name. The name of the viticultural Research Center, California State Director, however, reserves the right to area described in this section is ‘‘Diablo University, Fresno and winemakers. determine, in light of all circumstances, Grande.’’ These letters indicate that wines made whether a public hearing will be held. (b) Approved maps. The appropriate from grapes grown in the proposed After consideration of all comments maps for determining the boundary of viticultural area exhibit characteristics and suggestions, ATF may issue a the Diablo Grande viticultural area are distinctive enough to deserve Treasury decision. The proposals the following four U.S.G.S. Quadrangle consideration for a specific appellation. discussed in this notice may be 7.5 Minute Series (Topographic) maps. modified due to comments and They are titled: Boundaries suggestions received. (1) Patterson Quadrangle, California— The boundary of the proposed Stanislaus Co., 1953 (Photorevised 1971, Paperwork Reduction Act viticultural area may be found on four Photoinspected 1978). United States Geological Survey The provisions of the Paperwork (2) Copper Mtn. Quadrangle, Quadrangle 7.5 minute series Reduction Act of 1995 (44 U.S.C. 3507 California—Stanislaus Co., 1953 (Field (Topographic) maps, entitled Patterson (j)) and its implementing regulations, 5 Check 1956, Aerial Photo 1971). Quadrangle, California—Stanislaus Co., CFR part 1320, do not apply to this (3) Wilcox Ridge, California— Copper Mtn. Quadrangle, California— notice because no requirement to collect Stanislaus Co., 1956 (Photorevised Stanislaus Co., Wilcox Ridge, California, information is proposed. 1971). Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Proposed Rules 34031

(4) Orestimba Peak, California— FOR FURTHER INFORMATION CONTACT: Commission invites comments from the Stanislaus Co., 1955 (Photorevised Earl R. Ohman, Jr., General Counsel, public regarding these proposed 1971). (202) 606–5410. changes. (c) Boundary. The Diablo Grande SUPPLEMENTARY INFORMATION: On August List of Subjects in 29 CFR Part 2200 viticultural area is located in the 14, 1995, the Occupational Safety and western foothills of Stanislaus County, Health Review Commission published Administrative practice and California. The beginning point is at in the Federal Register (60 FR 41805) procedure, Hearing and appeal Reservoir Spillway 780 in section 8, new procedural rules for a pilot program procedures. Township 6 South, Range 7 East (T. 6S., designed to simplify and accelerate For the reasons set forth in the R. 7E.) on the Patterson Quadrangle adjudication for those cases appropriate preamble, the Occupational Safety and U.S.G.S. map. for a less formal process. Designated ‘‘E– (1) Then proceed northwest to Salt Health Review Commission proposes to Z Trial,’’ the pilot program was to run amend Title 29, Chapter XX, Part 2200, Grass Springs to the point where the for one year, beginning on October 1, 1000 foot contour line crosses the Subpart M of the Code of Federal 1995, and terminating on September 30, Regulations as follows: northern section line of section 9, T. 6S., 1996, under a ‘‘sunset provision’’ unless R. 6E., on the Copper Mtn., Quadrangle extended by the Commission. On PART 2200ÐRULES OF PROCEDURE U.S.G.S. map. September 27, 1996, the Commission (2) Then proceed due south past extended the sunset provision until 1. The authority citation continues to Copper Mountain in section 16, T. 6S., March 31, 1997, to allow for an read as follows: R. 6E., to Mikes Peak in section 4, T. evaluation of the pilot program (61 FR Authority: 29 U.S.C. 661(g). 7S., R. 6E., on the Wilcox Ridge 50711). During that period, the Quadrangle U.S.G.S. map. 2. Section 2200.202 is revised to read (3) Then proceed due west to Commission held focus groups with as follows: Oristimba Creek in section 6, T. 7S., R. parties, including small employers, § 2200.202 Eligibility for E±Z Trial. 6E. safety consultants, representatives of (4) Then proceed following Orestimba employers, and attorneys from the (1) Those cases selected for E–Z Trial Creek south/southeast and then east/ Cleveland office of the Solicitor of will be those that do not involve northeast to the point where Orestimba Labor, who had participated in E–Z complex issues of law or fact. Cases Creek meets Bench Mark #340 in section Trial proceedings, The participants were appropriate for E–Z Trial would 28, T. 7S., R. 7E., on the Orestimba Peak given an opportunity to comment on the generally include those with one or Quadrangle U.S.G.S. map. E–Z Trial process and to suggest more of the following characteristics: (5) Then proceed northwest to the changes that would enable the E–Z Trial (a) relatively few citation items, point of beginning at Reservoir Spillway program to more effectively achieve its (b) an aggregate proposed penalty of 780 in section 8, T. 6S., R. 7E. goals. The Commission also solicited not more than $10,000, comments and experiences from Signed: June 13, 1997. (c) no allegation of willfulness or a Commission judges who had conducted repeat violation, John W. Magaw, E–Z Trials. On March 28, 1997, the (d) not involving a fatality, Director. Commission further extended the sunset (e) a hearing that is expected to take [FR Doc. 97–16491 Filed 6–23–97; 8:45 am] provision until July 31, 1997 (62 FR less than two days, or BILLING CODE 4810±31±P 14821) in order to evaluate the (f) a small employer whether comments it had received about the E– appearing pro se or represented by Z Trial program. Based on that counsel. OCCUPATIONAL SAFETY AND evaluation, the Commission has (2) Those cases with an aggregate HEALTH REVIEW COMMISSION proposed revisions to its procedural proposed penalty of more than $10,000, rules involving the eligibility of cases but not more than $20,000, if otherwise 29 CFR Part 2200 for E–Z Trial and mandatory disclosure appropriate, may be selected for E–Z Rules of Procedure for E±Z Trials by the parties. Specifically, the Trial at the discretion of the Chief Commission has determined that cases Administrative Law Judge. AGENCY: Occupational Safety and Health involving fatalities or allegations of 3. Section 2200.206(a) is revised to Review Commission. repeat violations are not appropriate for read as follows: ACTION: Notice of proposed rulemaking. E–Z Trial designation, and that cases involving aggregated proposed penalties § 2200.206 Disclosure of information. SUMMARY: This document contains of more than $10,000, but not more than (a) Disclosure to employer. (1) Within revisions to the procedural rules $20,000, may be designated for E–Z 12 working days after a case is governing the E–Z Trial program. These Trial at the discretion of the Chief designated for E–Z Trial, the Secretary revisions are intended to assist the E–Z Administrative Law Judge, if otherwise shall provide the employer, free of Trial process in meeting its objective of appropriate. Additionally, the charge, copies of the narrative (Form allowing parties in less complex cases to Commission believes that the goal of E– OSHA 1–A) and the worksheet (Form argue their cases before the Commission Z Trial is best served by requiring the OSHA 1–B), or their equivalents. with as few legal formalities as possible. Secretary to turn over to the employer (2) Within 30 calendar days after a DATES: Comments must be received by any photographs or videotapes that the case is designated for E–Z Trial, the July 24, 1997. Secretary anticipates using at the Secretary shall provide the employer ADDRESSES: All comments concerning hearing. Having received many with reproductions of any photographs these proposed rules should be comments concerning the increased use or videotapes that the Secretary addressed to Earl R. Ohman, Jr., General of videotapes and photographs during anticipates using at the hearing. Counsel, Occupational Safety and inspections, the Commission believes (3) The Judge shall act expeditiously Health Review Commission, 1120 20th that the disclosure of such evidence will on any claim by the employer that the Street NW., 9th Floor, Washington, DC promote fairness and will help expedite Secretary improperly withheld or 20036–3419.. the resolution of E–Z Trial cases. The redacted any portion of the documents, 34032 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Proposed Rules photographs, or videotapes on the Forces who are entitled to retired pay, The Regulatory Flexibility Act (RFA) grounds of confidentiality or privilege. (2) Members of the Retired Reserve requires that each Federal agency * * * * * under the age of 60, (3) Eligible prepare, and make available for public 4. Section 2200.207(a) is amended by dependents of (1) or (2) who are covered comment, a regulatory flexibility revising the first sentence to read as by the enrollment of the member, and analysis when the agency issues a follows: (4) The unremarried surviving spouse regulation which would have a and eligible child dependents of a significant impact on a substantial § 2200.207 Pre-hearing conferences. deceased member who dies while in number of small entities. (a) When held. As early as practicable status described in (1) or (2), or the Pursuant to the Paperwork Reduction after the employer has received the unremarried surviving spouse and Act of 1995, the reporting and documents set forth in § 2200.206(a)(1), eligible child dependents who receive a recordkeeping of this proposed rule the presiding Judge will order and surviving spouse annuity. have been submitted to the OMB for conduct a pre-hearing conference. * ** Included in the program are the 50 review under 3507(d) of the Act. * * * * * United States and the District of In compliance with section Dated: June 18, 1997. Columbia, Canada, Puerto Rico, Guam 3506(c)(2)(A) of the Paperwork Earl R. Ohman, Jr., and the U.S. Virgin Islands. Enrollment Reduction Act of 1995, the Office of the in the program is voluntary and Assistant Secretary of Defense for General Counsel. members enrolled in the dental plan Health Affairs announces a proposed [FR Doc. 97–16474 Filed 6–23–97; 8:45 am] will be responsible for paying the full information collection and seeks public BILLING CODE 7600±01±M cost of the premiums. The premium comment on the provision thereof. payment may be collected pursuant to Comments are invited on: (a) Whether procedures established by the Assistant the proposed collection is necessary for DEPARTMENT OF DEFENSE Secretary of Defense (Health Affairs). the proper performance of the functions Dental coverage under the TRDP will of the agency, including whether the Office of the Secretary provide basic dental care, to include information shall have practical utility; 32 CFR Part 199 diagnostic services, preventive services, (b) the accuracy of the agency’s estimate basic restorative services (including of the burden of the proposed [DoD 6010.8±R] endodontics), surgical services, and information collection; (c) ways to RIN 0720±AA38 emergency oral examinations. enhance quality, utility, and clarity of Under this approach, where possible, the information to be collected; and (d) Civilian Health and Medical Program of members entitled to retired pay and ways to minimize the burden of the the Uniformed Services (CHAMPUS); eligible family members and their information collection on respondents, TRICARE Retiree Dental Program dependents may make use of including through the use of automated participating dental providers in their collection techniques or other forms of AGENCY: Office of the Secretary, DoD. areas and may benefit from reduced out- information technology. ACTION: Proposed rule. of-pocket costs and provider submission The collection of information is of claims and acceptance of contractor necessary to enroll military members SUMMARY: This proposed rule allowances and arrangements. TRDP entitled to retired pay and eligible establishes the TRICARE Retiree Dental eligibles will obtain information dependents in the TRICARE Retiree Program (TRDP) to provide dental care concerning the program and the Dental Program. The application will to military members entitled to retired application process from the contractor. allow the Department of Defense to pay and eligible family members and This proposed rule adopts the identify enrollment applicants, evaluate their dependents. The rule details statutory preemption authority of 10 their eligibility for the enrollment, and operation of the program and seeks U.S.C., section 1103. This statute determine other health insurance comments on our plan to implement the broadly authorizes preemption of state coverage which an applicant may have. TRDP. laws in connection with DoD contracts Affected Public: Eligible family DATES: Comments must be received on for medical and dental care. We have members and their dependents. or before July 24, 1997. made the judgment that preemption is Annual Burden Hours: 71,640. ADDRESSES: Office of Health Services necessary and appropriate to assure the Number of Respondents: 286,570. Financing Policy, Department of operation of a consistent, effective, and Responses Per Respondent: 1. Defense, Room 1B657 Pentagon, efficient federal program. In addition, Average Burden Per Response: 15 Washington, DC 20301–1200. the enacting legislation for the TRICARE minutes. Retiree Dental Program directs the Frequency: Once, at time of initial FOR FURTHER INFORMATION CONTACT: Department of Defense to implement application. Cynthia P. Speight, Office of the this program by October 1, 1997. Absent Respondents are military members Assistant Secretary of Defense (Health preemption of certain State and local entitled to retired pay and eligible Affairs), (703) 697–8975. laws on insurance regulation and other family members and their dependents SUPPLEMENTARY INFORMATION: matters, competition would be severely who are seeking enrollment in the TRICARE Retiree Dental Program. The I. Overview of the Proposed Rule limited and the process substantially delayed. enrollment application will allow the Implementation of the TRICARE Department to collect the information Retire Dental Program (TRDP) was II. Rulemaking Procedures necessary to properly identify the directed by Congress in section 703 of Executive Order 12866 requires program’s applicants and to determine the National Defense Authorization Act certain regulatory assessments for any their eligibility for enrollment in the for Fiscal year 1997, Pub. L. 104–201, ‘‘significant regulatory action,’’ defined TRICARE Retiree Dental Program. In which amended title 10, United States as one which would result in an annual completing and signing a TRICARE Code, by adding section 1076c. This law effect on the economy of $100 million Retiree Dental Program enrollment form, directed the implementation of a dental or more, or have other substantial applicants will acknowledge that they program for: (1) Members of the Armed impacts. understand the benefits offered under Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Proposed Rules 34033 the program and the rules they must States and the District of Columbia, (6) Continuation of dependents’ follow to continue their participation in Canada, Puerto Rico, Guam and the U.S. enrollment upon death of enrollee. the program. Initial enrollment will be Virgin Islands. Coverage of a dependent in the TRDP for a period of 12 months followed by (4) Except as otherwise provided in under an enrollment of a member or month-to-month enrollment as long as this section or by the Assistant Secretary surviving spouse who dies during the the enrollee chooses to continue of Defense (Health Affairs) or designee, period of enrollment shall continue enrollment. the TRDP is administered in a manner until the end of that period and may be Comments on these requirements similar to the Active Duty Dependents renewed by (or for) the dependent, so should be submitted to the Office of Dental Plan under § 199.13. long as the premium paid is sufficient Information and Regulatory Affairs, (5) The TRDP shall be administered to cover continuation of the dependent’s OMB, 715 17th Street NW., Washington, through a contract. enrollment. The Secretary may DC 20503, marked ‘‘Attention Desk (c) Definitions. Except as may be terminate coverage of the dependent Officer for Department of Defense.’’ specifically provided in this section, to when the premiums paid are no longer Copies should be sent to the Office of the extent terms defined in §§ 199.2 and sufficient to cover continuation of the the Assistant Secretary of Defense 199.13(b) are relevant to the enrollment. (Health Affairs), 1B657 The Pentagon, administration of the TRICARE Retiree (e) Premium payments. Persons Washington, DC 20301, ATTN: Cynthia Dental Program, the definitions enrolled in the dental plan will be Speight. When the Department of contained in those sections shall apply responsible for paying the full cost of Defense promulgates the Final Rule, the to the TRDP as they do to CHAMPUS the premiums in order to obtain the Department will respond to comments and the TRICARE active duty dental insurance. by OMB or the public regarding the dependents dental plan. (1) Premium payment method. The information collection provisions and (d) Eligibility and enrollment.—(1) premium payment may be collected recordkeeping requirements of the rule. Eligibility. Enrollment in the TRICARE pursuant to procedures established by This is a proposed rule. The Retiree Dental Program is open to: the Assistant Secretary of Defense Department is making an exception to (i) Members of the Armed Forces who (Health Affairs) or designee. the normal 60 day public comment are entitled to retired pay, (2) Effects of failure to make premium period due to the statutory requirement (ii) Members of the Retired Reserve payments. Failure to make monthly for implementation by October 1, 1997. under the age of 60, renewal premium payments will result Public comments are invited. All (iii) Eligible dependents of paragraph in the enrollee’s disenrollment from the comments will be considered. A (d)(1)(i) or (ii) of this section who are TRDP and subject to a lock-out period discussion of the major issues received covered by the enrollment of the of 12 months. Following this period of by public comments will be included member, and time, persons eligible will be able to with issuance of the final rule, (iv) The unremarried surviving spouse reenroll if they so choose. anticipated approximately 90 days after and eligible child dependents of a (3) Member’s payment of premiums. the end of the comment period. deceased member who dies while in The cost of the TRDP monthly premium status described in paragraph (d)(1) (i) will be paid by the enrollee. Interested List of Subjects in 32 CFR Part 199 or (ii) of this section, or the unremarried beneficiaries may contact the dental Claims, Handicapped, Health surviving spouse and eligible child contractor/insurer to obtain the enrollee insurance, and Military personnel. dependents who receive a surviving premium cost. Accordingly, 32 CFR part 199 is spouse annuity. (f) Plan benefits. The TRDP will amended as follows: (2) Notification of eligibility. The provide basic dental care, to include 1. The authority citation for part 199 contractor will notify persons eligible to diagnostic services, preventive services, continues to read as follows: receive dental benefits under the basic restorative services (including Authority: 5 U.S.C. 301; 10 U.S.C., Chapter TRICARE Retiree Dental Program. endodontics), surgical services, and 55. (3) Election of coverage. Following emergency oral examinations. The this notification, interested members following is the TRDP covered dental 2. Part 199 is proposed to be amended entitled to retired pay and eligible benefit (using the American Dental by adding § 199.22, as follows: family members and their dependents Association, The Council on Dental Care § 199.22 TRICARE Retiree Dental Program may elect to enroll. In order to obtain Program’s Code On Dental Procedures (TRDP). dental coverage, written election by the and Nomenclature): (a) Purpose. The TRDP is a premium eligible beneficiary must be made. (i) Diagnostic: Periodic oral based indemnity dental insurance (4) Enrollment. Enrollment in the examination (00120); Comprehensive coverage program that will be available TRICARE Retiree Dental Program is oral examination (limited to one exam to retired members of the Armed Forces, voluntary and will be accomplished by per year in the same dental office) their dependents, and certain other submission of an application to the (00150), Intraoral-complete series beneficiaries, as specified in paragraph TRDP contractor. Initial enrollment (including bitewings) (00210); Intraoral- (d) of this section. The TRDP is shall be for a period of 12 months periapical-first film (00220); Intraoral- authorized by 10 U.S.C. 1076c. followed by month-to-month enrollment periapial-each additional film (00230); (b) General provisions. (1) Benefits are as long as the enrollee chooses to Intraoral-occlusal film (00240); limited to diagnostic services, continue enrollment. Bitewings-single film (00270); preventive services, basic restorative (5) Period of coverage. TRICARE Bitewings-two films (00272); Bitewings- services (including endodontics), Retiree Dental Program coverage is four films (00274); Panoramic film surgical services, and emergency oral terminated when the member’s (00330); Caries susceptibility tests, by examinations, as specified in paragraph entitlement to retired pay is terminated, report (00425); Pulp vitality tests (f) of this section. the member’s status as a member of the (00460). (2) Premium costs for this coverage Retired Reserve is terminated, a (ii) Preventive: Prophylaxis-adult will be paid by the enrollee. dependent child loses eligible child (limit-once per year) (01110); (3) The program is applicable to dependent status, or in the case of Prophylaxis-child (01120); Topical authorized providers in the 50 United remarriage of the surviving spouse. application of fluoride (excluding 34034 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Proposed Rules prophylaxis)-child (01203); Topical (v) Periodontic: Gingivectomy or exception of the diagnostic and application of fluoride (excluding gingivoplasty—per quadrant (04210); preventive services. prophylaxis)-adult, by report, once per Gingivectomy or gingivoplasty—per (h) Annual review of rates. TRDP year (01204); Sealant-per tooth (01351); tooth (04211); Gingival curettage, premiums will be determined as part of Space maintainer-fixed-unilateral surgical, per quadrant, by report the competitive contracting process. The (01510); Space maintainer-fixed- (04220); Gingival flap procedure, contractor will annually notify those bilateral (01515); Space maintainer- including root planing—per quadrant eligible for TRDP of the premium rates. removable-unilateral (01520); Space (04240); Mucogingival surgery—per (i) Authorized providers. The TRDP maintainer-removable-bilateral (01525); quadrant (04250); Osseous surgery enrollee may seek covered services from Recementation of space maintainer (including flap entry and closure)—per any provider who is fully licensed and (01550). quadrant (04260); Bone replacement approved to provide dental care in the (iii) Restorative: Amalgam-one graft—single site (including flap entry state where the provider is located. surface, primary (02110); Amalgam-two and closure) (04261); Bone replacement (j) Benefit payment. Enrollees are not surfaces, primary (02120); Amalgam- graft—multiple sites (including flap required to utilize the special network three surfaces, primary (02130); entry and closure) (04262); Guided of dental providers established by the Amalgam-four or more surfaces, primary tissue regeneration (includes the surgery TRDP contractor. For enrollees who do (02131); Amalgam-three surfaces, and reentry) (04268); Pedicle soft tissue not use these network providers, permanent (02160); Amalgam-four or graft procedure (04270); Free soft tissue however, providers shall not balance more surfaces, permanent (02161); graft procedure (including donor site) bill any amount in excess of the Resin-one surface, anterior (02330); (04271); Periodontal scaling and root maximum payment allowable by the Resin-two surfaces, anterior (02331); planing—per quadrant (04341); TRDP. Enrollees using non-network Resin-three surfaces, anterior (02332); Periodontal maintenance procedures providers may be balance billed such an Resin-four or more surfaces or involving (following active therapy) (04910); amount. The maximum payment incisal angle (anterior) (02335); Unscheduled dressing change (by allowable by the TRDP (minus the Recement inlay (02910); Recement someone other than treating dentist) appropriate cost-share) will be the lesser crown (02920); Prefabricated stainless (04920). of: steel crown-primary tooth (02930); (vi) Oral Surgery: Single tooth (1) billed charges or Prefabricated stainless steel crown- (07110); Each additional tooth (07120); (2) Usual, Customary and Reasonable permanent tooth (02931); Prefabricated Root removal—exposed roots (07130); rates, in which the customary rate is resin crown (02932); Prefabricated Surgical removal or erupted tooth calculated at the 85th percentile of stainless steel crown with resin window requiring elevation of mucoperiosteal billed charges in that geographic area, as (02933); Pin retention-per tooth, in flap and removal of bone and/or section measured in an undiscounted charge addition to restoration (02951); of tooth (07210); Removal of impacted profile in 1995 or later for that Temporary crown (fractured tooth) tooth—soft tissue (07220); Removal of geographic area (as defined by three- (02970). impacted tooth—partially bony (07230); (iv) Endodontic: Pulp cap-indirect digit zip code). Removal of impacted tooth—completely (excluding final restoration (03120); (k) Appeal and hearing procedures. bony (07240); Surgical removal of Therapeutic pulpotomy (excluding final All levels of appeals and grievances restoration) (03220); Anterior root canal residual tooth roots (cutting procedure) established by the Contractor for (excluding final restoration) (03310); (07250); Oral antral fistula closure internal review shall be exhausted prior Bicuspid root canal (excluding final (07260); Tooth reimplantation and/or to forwarding to OCHAMPUS for a final restoration) (03320); Molar root canal stabilization of accidentally evulsed or review. Procedures comparable to those (Excluding final restoration) (03330); displaced tooth and/or alveolus (07270); established under § 199.13(h) shall Retreatment-anterior, by report (03346); Surgical exposure of impacted or apply. Retreatment-bicuspid, by report (03347); erupted tooth to aid eruption (07281); (l) Preemption of State laws. Pursuant Retreatment-molar, by report (03348); Biopsy of oral tissue—hard (07285); to 10 U.S.C., section 1103, any state or Apexification/recalcification-initial visit Biopsy of oral tissue—soft (07286); local law or regulation pertaining to (apical closure/calcific repair of Surgical repositioning of teeth (07290); health or dental insurance, prepaid perforations, root resorption, etc.) Alveoloplasty in conjunction with health or dental plans, or other health (03351); Apexification/recalcification- extractions—per quadrant (07310); or dental care delivery, administration, interim medication replacement (apical Suture of recent small wounds up to 5 and financing methods is preempted closure/calcific repair of performations, cm (07910); Complicated suture—up to and does not apply in connection with root resorption, etc.) (03352); 5 cm (07911); Complicated suture— the TRICARE Retiree Dental Program Apexification/recalcification-final visit greater than 5 cm (07912); Excision of contract. Any such law, or regulation (includes completed root canal therapy- pericoronal gingiva (07971). pursuant to such law, is without any apical closure/calcific repair of (vii) Emergency: Emergency oral force or effect, and State or local perforations, root resorption, etc.) examination (00130); Palliative governments have no legal authority to (03353); Apicoectomy/Periradicular (emergency) treatment of dental pain— enforce them in relation to the TRICARE surgery-anterior (03410); Apicoectomy/ minor procedures (09110). Retiree Dental Program contract. Periradicular surgery-bicuspid (first (viii) Drugs: Therapeutic drug (However, the Department of Defense root) (03421); Apicoectomy/ injection, by report (09610); Other drugs may, by contract, establish legal Periradicular surgery-molar (first root) and/or medications, by report (09630). obligations on the part of the TRICARE (03425); Apicoectomy/Periradicular (ix) Postsurgical: Treatment of Retiree Dental Program contractor to surgery (each additional root) (03426); complications (post-surgical) unusual conform with requirements similar to or Retrograde filling-per root (03430); Root circumstances, by report (09930). identical to requirements of State or amputation-per root (03450); (g) Maximum annual cap. TRDP local laws or regulations). Hemisection (including any root enrollees will be subject to a maximum (m) Administration. The Assistant removal), not including root canal cap of $1,000.00 of paid allowable Secretary of Defense (Health Affairs) or therapy (03920). charges per enrollee per year, with the designee may establish other rules and Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Proposed Rules 34035 procedures for the administration of the copyright owners an exclusive right to sound recording copyright owners, or TRICARE Retiree Dental Program. perform their works publicly by means may petition the Librarian of Congress Dated: June 18, 1997. of a digital audio transmission. 17 to convene a copyright arbitration U.S.C. 106(6). Certain digital royalty panel (CARP) to set rates and L.M. Bynum, transmissions were exempted from the terms for those entities that have not Alternate OSD Federal Register Liaison scope of the right, 17 U.S.C. 114(d)(1), reached voluntary agreement. 17 U.S.C. Officer, Department of Defense. while nonexempt digital subscription 114(f). On June 4, 1996, no voluntary [FR Doc. 97–16406 Filed 6–23–97; 8:45 am] services were given the opportunity to agreement having been reached, the BILLING CODE 5000±04±M qualify for a statutory license. 17 U.S.C. parties petitioned the Librarian to 114(d)(2). convene such a CARP. Rates and terms Congress directed the Librarian of set by the CARP will apply to all LIBRARY OF CONGRESS Congress to establish regulations under subscription services not subject to which copyright owners may receive voluntary agreement. 17 U.S.C. Copyright Office reasonable notice of the use of their 114(f)(2)–(3). However, Congress also sound recordings under the statutory directed the Librarian of Congress to 37 CFR Chapter II license, and under which entities establish regulations by which copyright [Docket No. RM 96±3A] performing the sound recordings shall owners may receive reasonable notice of keep and make available records of such the use of their sound recordings under Notice and Recordkeeping for use. 17 U.S.C. 114(f)(2). statutory license, and under which Subscription Digital Transmissions records of such use shall be kept and The Sec. 114 License for Nonexempt made available by the entities AGENCY: Copyright Office, Library of Subscription Transmissions performing the sound recordings. 17 Congress. A nonexempt digital subscription U.S.C. 114(f)(2). Anyone performing a ACTION: Notice of proposed rulemaking. service transmission is subject to sound recording publicly by means of a statutory licensing in accordance with nonexempt subscription transmission SUMMARY: The Copyright Office of the 17 U.S.C. 114(f) if the transmission is under section 114(f) may do so without Library of Congress is requesting further not part of an interactive service, does infringing the exclusive right of the comments on the requirements by not exceed the ‘‘sound recording sound recording copyright owner by which copyright owners shall receive performance complement,’’ does not complying with the notice requirements reasonable notice of the use of their give an advance program schedule or that the Librarian prescribes by works from subscription digital prior announcement of titles to be regulation and by paying royalty fees in transmission services, and how records performed, does not automatically cause accordance with the law. 17 U.S.C. of such use shall be kept and made the receiving device to switch from one 114(f)(5). available to copyright owners. The program channel to another, and Rulemaking on Notice and Digital Performance Right in Sound includes information encoded by Recordkeeping Recordings Act of 1995 requires the authority of the copyright owner Office to adopt the regulations. The identifying the title, the featured artist, On May 13, 1996, the Copyright Office is requesting this additional and related information. 17 U.S.C. Office published a Notice of Proposed comment before issuing interim 114(d)(2). The ‘‘sound recording Rulemaking in the Federal Register regulations. performance complement’’ is defined as: requesting comments on the DATES: Comments must be submitted on requirements by which copyright the transmission during any 3-hour period, or before August 25, 1997. on a particular channel used by a owners should receive reasonable notice ADDRESSES: An original and fifteen transmitting entity, of no more than— of the use of their works from copies of the comments shall be (A) 3 different selections of sound subscription digital transmission delivered to: Office of the General recordings from any one phonorecord services and how records of such use Counsel, Copyright Office, LM–403, lawfully distributed for public performance should be kept and made available to or sale in the United States, if no more than copyright owners. The Office asked James Madison Memorial Building, 101 2 such selections are transmitted Independence Avenue, S.E., commentators to consider both the consecutively; or adequacy of the notice to sound Washington, D.C., or mailed to: Nanette (B) 4 different selections of sound Petruzzelli, Acting General Counsel, recordings— recording copyright owners and the Copyright GC/I&R, P.O. Box 70400, (i) by the same featured recording artist; or administrative burdens placed on the Southwest Station, Washington, D.C. (ii) from any set or compilation of digital transmission services in 20024. phonorecords lawfully distributed together as providing notice and maintaining a unit for public performance or sale in the records of use. 61 FR 22004 (May 13, FOR FURTHER INFORMATION CONTACT: United States, if no more than three such 1996). Nanette Petruzzelli, Acting General selections are transmitted consecutively: The Office received a total of four Counsel, or Jennifer L. Hall, Senior Provided, That the transmission of selections comments and three reply comments, as Attorney, Copyright GC/I&R, P.O. Box in excess of the numerical limits provided for well as one surreply and one comment in clauses (A) and (B) from multiple 70400, Southwest Station, Washington, to the surreply. Comments were D.C. 20024. Telephone: (202) 707–8380. phonorecords shall nonetheless qualify as a sound recording performance complement if submitted by the Recording Industry Telefax: (202) 707–8366. the programming of the multiple Association of America (RIAA); DMX, SUPPLEMENTARY INFORMATION: phonorecords was not willfully intended to Inc. (DMX); Muzak; and Digital Cable avoid the numerical limitations prescribed in Radio Associates/Music Choice (DCR) Background such clauses. (‘‘commenting parties’’). The comments On November 1, 1995, Congress 17 U.S.C. 114(j)(7). set forth a wide range of proposals for enacted the Digital Performance Right in Digital subscription transmission notice and records of use, with varying Sound Recordings Act of 1995. Public services that qualify for the statutory form and content requirements. The Law No. 104–39, 109 Stat. 336 (1995). license may reach a voluntary comments also included proposals The law gave to sound recording agreement as to rates and terms with concerning matters not addressed in the 34036 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Proposed Rules

Act, such as confidentiality and permit copyright owners: (1) To verify services. See, e.g., DCR Additional auditing. the accuracy of the summary frequency Comment (Dec. 12, 1996) at 4 n.7; RIAA On Thursday, November 14, 1996, the data; and (2) to monitor compliance Additional Reply (Dec. 19, 1996) at 2 Copyright Office met with the parties to with the sound recording performance n.1; Letter from Seth D. Greenstein, Esq., facilitate agreement on notice and complement defined in 17 U.S.C. to Jean Milbauer, Esq. (Mar. 18, 1997). recordkeeping requirements for digital 114(j)(7). Under one proposal, the 3. Non-Collective Member Copyright subscription services under 17 U.S.C. sample would have consisted of a 30- Owners 114, and to discuss the proper day report each quarter of either: (1) The regulatory and recordkeeping role for service’s actual playlist; or (2) its Finally, issues exist concerning how the Office. See Memorandum from intended playlist with an error log and the reports of use will be kept or made Marilyn J. Kretsinger, Acting General an accompanying certification of the available for sound recording copyright Counsel, U.S. Copyright Office, to information’s accuracy by a service owners who are not members of a Commenting Parties (Oct. 9, 1996). In official. See RIAA Additional Reply collective, who cannot be located, or attendance were 15 individuals (Dec. 19, 1996) at 7. who refuse delivery. RIAA has created representing RIAA, DMX, Muzak, DCR, In response, representatives of a collective to collect and distribute its and the Copyright Office. Further subscription services raised two issues: members’ sound recording performance written comments were submitted in (1) Whether the Act requires them to royalties. Owners of copyright in an response to a draft meeting summary affirmatively report compliance with the estimated 90 percent of all sound distributed to participants by the performance complement at all; and (2) recordings sold in the United States are Copyright Office. A second meeting took if so, whether a sample size could be members of the RIAA trade association place on Thursday, January 23, 1997. developed with a true mathematical or and will likely designate the RIAA See Memorandum from Marilyn J. statistical basis. See DCR Additional collective as their agent or Kretsinger, Acting General Counsel, U.S. Comment (Dec. 12, 1996) at 4–6; Letter representative; in those cases, digital Copyright Office, to Commenting Parties from Jon L. Praed to Jean R. Milbauer subscription services would file (Jan. 14, 1997). A summary of the (Jan. 16, 1997). At the January 23 quarterly reports (and any royalty written comments and meeting meeting, RIAA indicated that it would payments and accounting information) discussions will be included with the attempt to determine an appropriate with the RIAA collective. Services, published interim regulations.1 sample size if the services were to however, may not be able to employ the In this Notice of Inquiry, the provide appropriate data. On February statutory license in this manner for an Copyright Office requests further 11, the Copyright Office encouraged the estimated ten percent of all sound written comment from interested parties services to address RIAA’s request for recordings sold in the United States. relating to quarterly reports of use to be such data. Memorandum from Nanette Sound recording copyright owners that provided by digital subscription Petruzzelli, Acting General Counsel, are not members of the RIAA trade services, before proceeding to issue U.S. Copyright Office, to Commenting association may not be permitted by interim regulations under section 114. Parties (Feb. 11, 1997). RIAA to designate its collective as their The regulations will be issued on an On March 11, 1997, after consulting agent to receive reports and royalties. interim basis due to the developing with the other commenting services, a See RIAA Additional Reply (Dec. 19, nature of the technology to be employed representative for DMX proposed that 1996) at 9–10; DCR Additional in accommodating the reporting the services simply produce their entire Comment (Dec. 12, 1996) at 7. Some requirements. intended playlist for each quarter copyright owners may choose not to instead of providing summary frequency designate the RIAA collective. See 17 Policy Issues Relating to Quarterly data or error logs, to enable copyright U.S.C. 114(e)(1) (permitting designation Reports of Use Identified in Discussions owners to determine allocation of of common agents on nonexclusive Among the Commenting Parties royalties and compliance with the basis). The location or identity of other The comments and the discussions performance complement. Letter from sound recording copyright owners may among the commenting parties raised Seth D. Greenstein, Esq., to Jean R. be unknown. the following issues relating to the Milbauer, Esq. (Mar. 11, 1997). This quarterly reports of use. proposal was deemed generally Copyright Office Preliminary acceptable to the commenting parties Determinations and Additional Policy 1. Reporting Compliance With the Questions Sound Recording Performance provided that an agreeable definition for Complement ‘‘intended playlist’’ were reached. See Based on the comments and Letter from Jean R. Milbauer to discussions among the parties, which In addition to an initial notice to be Commenting Services (Mar. 13, 1997); will be addressed more fully in the filed, with an accompanying filing fee, Letter from Seth D. Greenstein to Jean Office’s interim regulations, the with the U.S. Copyright Office, the Milbauer, Esq. (Mar. 18, 1997); Letter Copyright Office has reached certain commenting parties proposed generally from Fernando R. Laguarda, Esq., to Jean preliminary decisions and identified that subscription services file quarterly R. Milbauer, Esq. (Mar. 18, 1997) certain additional policy questions. reports of use including data to indicate (‘‘without waiving any legal objections The Office will accept an optional which sound recordings were performed previously set forth’’). initial notice which may be filed by and the number of times (summary digital transmission services indicating frequency data). In addition to the 2. Data Fields commencement of transmission of summary frequency data, sound The commenting parties are also sound recordings under the section 114 recording copyright owners proposed attempting to negotiate agreement on statutory license. This initial notice, to that each quarterly report include a data fields to be provided in the reports consist simply of the service name, sample of the service’s playlist, to of use that will permit identification of address, and contact person, will be sound recordings performed and placed in Copyright Office records, 1 The comments and meeting summaries are distribution of royalties to individual where copyright owners may obtain available in the Public Information Office of the Copyright Office, Room LM–401, James Madison copyright owners, without placing access to this information concerning Memorial Building, Washington, D.C. unreasonable burden on subscription the use of sound recordings under Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Proposed Rules 34037 statutory license. Section 114(f)(2), services in some respects resemble escrow account to set aside royalties at however, requires that copyright owners traditional radio broadcasters, who the statutory rate for a certain time will receive notice of the use of their provide reports to three collective period. sound recordings; a notice indicating performing rights societies (that, in turn, At the initial meeting of the commencement of transmission under monitor hours of radio play). Practically commenting parties, there was some statutory license does not accomplish speaking, owners of copyright in discussion of an escrow account or trust that objective, and therefore the musical works generally authorize one fund for section 114 royalty payments regulation will not require services to of these collective rights societies to for copyright owners who are unknown file such a notice. As discussed below, license public performances in order to or cannot be located. See Summary of copyright owners will most be compensated and receive records of Nov. 14 Meeting 1 (Jan. 2, 1997). The appropriately and reasonably receive use. Office has no authority to require notice of the use of their sound On the other hand, under the section services to set aside section 114 recordings, and records of such use, by 115 license and its accompanying royalties; just as some record companies direct service. The contents of the initial regulations, by which record companies may escrow royalties for unknown notice, and the appropriate filing fee, and others make and distribute publishers under section 115, services will be discussed more specifically in phonorecords of nondramatic musical may decide for business and legal the Office’s interim regulations. works, compulsory licensees must serve reasons to escrow section 114 royalties. The Office has concluded that the the copyright owner or its agent directly Because, however, the Office has Digital Performance Right in Sound with notice, and with monthly and concluded that it will not receive Recordings Act of 1995 contemplates annual statements of account (which reports of use under the section 114 that digital subscription services will include records of distribution). See 17 license and cannot designate a keep and make available, not simply U.S.C. 115(b)(1); 17 U.S.C. 115(c) (4)– particular entity as a central collective summary frequency data, but records of (5); 37 CFR 201.18(e)(2); 37 CFR 201.19 or records repository, the Office sees no use that will enable sound recording (e)(7)(i), (f)(7). The requirement of actual alternative to requiring subscription copyright owners to generally monitor notice, however, attaches only if the services that perform sound recordings the services’ compliance with the sound registration or other public records of under the section 114 license to serve recording performance complement. See the Copyright Office identify the the sound recording copyright owner 17 U.S.C. 114(d)(2); 114(f)(5); 114(j)(7). copyright owner and include an address whose identity and location is known, The Office has determined that at which notice can be served; or its designated agent, directly with establishing such a requirement is otherwise, it is sufficient to file the reports of use. within its rulemaking authority under notice in the Copyright Office. 17 U.S.C. The Office is therefore requesting 17 U.S.C. 114(f)(2). 115(b)(1); 37 CFR 201.18(e)(1).2 If the comment on how digital services will The Office has also determined that notice is sent to the last address shown identify and locate sound recording sound recording copyright owners for the copyright owner in Copyright copyright owners whose sound whose identity and location is known Office records, and is returned because recordings are performed, and how the should be served directly, or directly via the copyright owner is no longer there regulation should define a sound their designated agent, with the or has refused delivery, the licensee recording copyright owner ‘‘whose quarterly reports of use of their shall file the notice with the Copyright identity and location is known’’ so as to copyrighted works under the statutory Office, along with evidence that it was trigger the requirement of direct service. license. The Office will not accept for sent by certified or registered mail to Only copyright owners whose location filing any quarterly reports of use. The that address, and a brief statement that or identity is unknown, or who refuse Office recognizes the potential burden the notice was sent to the last address delivery, will not be directly served. for services of identifying and serving shown in Copyright Office records but 1. Reports of Use for Unknown individual copyright owners who are was returned. 37 CFR 201.18(e)(3). Copyright Owners not members of a collective such as Where an address for the copyright In the event that an address for a RIAA’s. See DMX Comment at 2, 8; owner is not known, or the copyright copyright owner is not known, or the Muzak Comment at 2; DCR Reply at 5– owner has refused delivery, licensees copyright owner has refused delivery, 6. The Office understands the possible may file their monthly and annual no additional filing will be required at disincentive that individual reporting statements of account with the the Copyright Office. All digital services could create for performance of Copyright Office Licensing Division, may file an initial notice with the Office recordings owned by small or along with any evidence of certified or indicating their commencement of independent record labels. See DMX registered mailing. 37 CFR 201.19 transmission. All services will be Reply at 3. However, the regulations (e)(7)(ii)(A), (f)(7)(iii)(A).3 Any monthly must establish how records of use shall required to maintain their records of use or annual statement of account so filed (i.e., either the reports of use, or the be kept and made available, and the with the Office must be accompanied by Office is unable to designate a particular information underlying the reports of a brief statement of why the statement use) for a period of three years, the entity as a central records repository or was not served on the copyright owner. as a collective agent. See 17 U.S.C. statutory limitation for copyright 37 CFR 201.19 (e)(7)(ii)(A), (f)(7)(iii)(A). infringement actions. As a matter of 114(e)(1). As a matter of business practice, some In order to determine the appropriate business practice, services are strongly compulsory licensees may also create an regulatory structure of any reporting urged to maintain any evidence of requirements, the Office has examined mailing and a brief statement as to why 2 To be entitled to receive royalties under analogous statutory, regulatory, and compulsory license, the copyright owner must be the reports of use were not served on the industry precedent involving collective identified in the registration or other public records copyright owner. While recognizing or compulsory licensing of performance of the Copyright Office. 17 U.S.C. 115(c)(1). burdens associated with retention of and reproduction rights in musical 3 The regulations specify that the filing, or failure such records, the Office believes it is in to file, a monthly or annual statement of account works. with the Office has no effect ‘‘other than that which the services’ interests to do so. Services With their multiple channels and may be attributed to it by a court.’’ 37 CFR 201.19 may wish to consider designating a round-the-clock transmission, digital (e)(7)(ii)(C), (f)(7)(iii)(C). collective agent to maintain their reports 34038 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Proposed Rules of use for the three year period, and in 3. Confidentiality of Records and Data owners to waive service of reports any event must establish reasonable Separation including performance complement access procedures and conditions. Finally, the Office recognizes information in order to receive simply Copyright owners who wish to confidentiality concerns that services the summary frequency data pertaining contact digital services may do so have expressed in relation to serving to the use of their sound recordings directly or through their designated playlist information and programming only. We also seek comment on the representatives. The Office envisions details upon sound recording copyright estimated costs for providing intended playlists to different parties, and on who that owners of copyright in sound owners. See Muzak Comment at 2–3. should bear the costs of serving, recordings performed under the section Precautions that may be implemented at maintaining, and accessing such records 114 license who have not been directly a large collective to protect the of use. served, but who make their identity and information’s confidentiality may be difficult to duplicate by dozens of The Office is providing a 60-day location known at some point in time, comment period with this inquiry to should have access to records of use of smaller recipients. Yet the Office also recognizes that the commenting permit the parties to conduct any their works for the preceding three discussions and reach agreement on any years, and should thereafter be served services’ desire to avoid burdensome data separation and the production of outstanding issues; there will be no directly with reports relating to reply period. We would particularly subsequent performances. The Office different data in different formats for different copyright owner entities was a appreciate comment from sound therefore inquires how services propose recording copyright owners not primary motivator for the proposal to make records of use reasonably represented by RIAA, and are aware of ‘‘simply to produce the entire intended available and accessible, and how at least one such entity that has playlist for each quarter,’’ subject to copyright owners whose works are requested records of use from DMX. See appropriate confidentiality provisions. performed but who have not been Letter from Seth D. Greenstein, Esq., to See Letter from Seth D. Greenstein, Esq., directly served should make their Jean Milbauer, Esq. (Mar. 11, 1997). identity and location known. to Jean Milbauer, Esq. (Mar. 11, 1997). Subscription services may want to Even if a software program can be Questions for Comment comment on how such copyright developed to separate and extract names The Office requests public comment owners might identify their sound of copyright owners who are, or are not, on the following questions relating to recordings, and how a regulation might members of a particular collective, there the quarterly reports of use to be delineate boundaries within which such may eventually be multiple collectives. provided by digital subscription copyright owners may demand access to On the other hand, because royalties services: records of use. must be paid to small and individual (1) The Office has determined that copyright owners whose works are digital subscription services should 2. Audit of Records of Use performed, the Office recognizes that provide records of use that will indicate services will necessarily generate some which sound recordings were performed A related, although not identical, data to determine those royalties, and and the number of times, and that will question concerns the auditing of the undertake some separation of copyright enable sound recording copyright digital services’ records of use by owner names, sound recording owners to monitor compliance with the copyright owners in general. During identifiers, and frequency of sound recording performance discussions, the commenting parties performances. The Office inquires complement defined in 17 U.S.C. agreed that any rules governing audits of whether services plan to provide their 114(j)(7). Should a service provide its accounting records were best handled intended playlists for each quarter to intended playlist as the vehicle for such under section 114(f)(2) as a matter of small and individual sound recording reporting? Is an alternative reporting rates and terms, to be addressed and copyright owners (as well as to a major mechanism available? resolved through CARP or negotiation. collective such as the RIAA’s) and, if (2) What should be the definition of However, in order to ensure access to not, whether the services can propose ‘‘intended playlist’’? Would a service records of use and limit the potential for an alternative reporting mechanism that provide its intended playlist for each multiple audits, some parties proposed would indicate which sound recordings day, and each channel, at the close of a regulation that would permit audits of were performed and the number of each quarter? How long after the close the information underlying the reports times (summary frequency data), and of each quarter should the report be of use, but would limit copyright permit sound recording copyright due? If the intended playlist is made owners to a single such audit per year; owners to monitor compliance with the available, would error logs also be such procedure would be initiated by a sound recording performance required in the event of a system notice of intent to audit, filed with the complement (perhaps through date and malfunction? Copyright Office and published in the time information). The Office requests (3) Should the reports of use bear a Federal Register, with a comment comment as to whether services will certification by a service representative, period for all interested parties to agree extract the names of individual and, if so, why? What would be the on choice of auditor. See DMX copyright owners, or members of content of such a certification? Comment at 12–13; RIAA Reply at 14– various collectives, in order to provide (4) The Office has determined that 16, 18. The Office is assuming that the such individuals or entities with sound recording copyright owners decision to provide the intended separate royalties or reports, and whose identity and location is known playlists in the quarterly reports largely whether this would provide a means for should be served directly, or directly via obviates the need for an audit an alternative reporting mechanism. The their designated agent, with quarterly regulation, and in any event is inclined Office inquires whether copyright reports of use of their copyrighted works to see the practice of auditing as a owners should be required to sign and under the statutory license. In serving business and legal decision. The Office return a confidentiality agreement small and individual sound recording will issue no regulation, therefore, before receiving reports consisting of copyright owners, who are not members concerning audit of the information playlist information, and whether the of a major collective such as RIAA’s, underlying the reports of use. regulation should permit copyright will services provide their intended Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Proposed Rules 34039 playlists or can they propose an services? How might these copyright Agency (EPA or Agency) to establish the alternative reporting requirement that owners identify their sound recordings Acid Rain Program in order to reduce would indicate which sound recordings for digital services? the adverse health and ecological were performed and the number of (9) Should services retain their reports impacts of acidic deposition. On March times (summary frequency data) and of use for three years, or is there 23, 1993, the Agency promulgated final permit monitoring of the performance information underlying the reports of rules allocating allowances to utility complement? What costs are involved in use (such as summary frequency data, units, including the criteria and method providing the intended playlist to and date and time information) that of allocating early reduction credits different parties? Who should bear the might be more easily kept and made under section 404(e) of the Act. This costs of serving, maintaining, or available? How do services plan to make action implements a settlement of accessing these records of use? records of use for a three year period litigation between EPA and a utility (5) Does provision of the intended reasonably available and accessible for regarding Phase II early reduction playlist raise confidentiality problems? copyright owners who have not been credits. The settlement provides a If so, what measures can a service or directly served? Are regulations method by which additional allowances copyright owner take to protect its concerning access for such individuals may be loaned to units receiving early confidentiality? Should there be any and entities needed? reduction credits as an incentive to express restrictions on the use of this (10) What data fields and sound further reduce emissions prior to the information and, if so, what restrictions? recording identifiers are available, and units becoming subject to the applicable If in fact the information is confidential which of these should be included in Acid Rain Program emission limitations. or trade secret, and no satisfactory the quarterly reports of use? Will the The revisions of the early reduction alternative reporting requirement can be date and time of the performance be credit program proposed today are also devised, should the copyright owner be identified and, if so, how? With respect being issued as a direct final rule required to sign and return a to compilation albums, what data fields because the Agency views the revisions confidentiality agreement before should be included in the reports of as noncontroversial and anticipates no receiving reports of use consisting of use? If there are any particular sound adverse comments. The detailed playlist information? Should the recording identifiers or data fields that rationale for the revisions, and the regulation permit the copyright owner should not be required, or that should revised rule provisions, are set forth in to waive service of information relating not be required during the interim the preamble of the direct final rule. If to the performance complement in order regulatory period, state which fields, no significant, adverse comments are to receive simply the summary and why. timely received (see DATES section), no frequency data pertaining to the use of (11) Should the regulations address further action will be taken on this their sound recordings only? the reporting of non-music and foreign proposal and the direct final rule will (6) How do digital subscription programming? How would such become final on the date provided in services plan to identify and locate programming be defined? What notice that action. copyright owners of sound recordings and recordkeeping requirements would DATES: Comments. Comments on the they perform under statutory license? apply to such programming? Beyond identification in the Copyright regulations proposed by this action (12) Should the Office expressly must be received on or before July 24, Office registration records, how should recognize a transition period before the regulations define a sound recording 1997, unless a hearing is requested by services must provide reports July 7, 1997. If a hearing is requested, copyright owner ‘‘whose identity and conforming completely to the location is known’’ for the purpose of written comments must be received by regulations? If so, what should be the August 8, 1997. triggering the requirement of direct transition period, and what is the service? How will services identify and Public Hearing. Anyone requesting a minimum information that should be locate foreign sound recording copyright public hearing must contact EPA no required? owners? later than July 7, 1997. If a hearing is (7) How do services anticipate that Dated: June 18, 1997. held it will take place July 8, 1997, they will separate the names of Marybeth Peters, beginning at 10:00 am. members of various collectives, or of Register of Copyrights. ADDRESSES: Comments. All written independent copyright owners, in order [FR Doc. 97–16553 Filed 6–23–97; 8:45 am] comments must be identified with the to provide such individuals or entities BILLING CODE 1410±31±P appropriate docket number (Docket No. with separate reports? Given that A–97–31) and must be submitted in services must pay royalties to small and duplicate to EPA Air Docket Section individual copyright owners whose ENVIRONMENTAL PROTECTION (6102), Waterside Mall, Room M1500, works are performed, what data will AGENCY 1st Floor, 401 M Street, SW, Washington services generate to determine those DC 20460. royalties, and what separation of 40 CFR Part 73 Public Hearing. If a public hearing is copyright owner names, sound held, it will be held at the EPA recording identifiers, and performance [FRL±5845±2] Headquarters Auditorium, 401 M Street, SW, Washington, DC. Persons interested frequency will they necessarily Acid Rain Program: Early Reduction in attending the hearing or wishing to undertake? Could the data generated for Credits royalty calculation and distribution be present oral testimony should notify made available in reports of use, as an AGENCY: Environmental Protection Kathy Barylski, telephone 202–233– alternative to the intended playlists, in Agency. 9074, in advance. a way that would permit copyright ACTION: Proposed rule. Docket. Docket No. A–97–31, owners to generally monitor the containing supporting information used performance complement? SUMMARY: Title IV of the Clean Air Act, to develop the proposal, is available for (8) How should copyright owners who as amended by Clean Air Act public inspection and copying from 8:00 have not been directly served make their Amendments of 1990, (the Act) a.m. to 5:30 p.m., Monday through identity and location known to digital authorizes the Environmental Protection Friday, excluding legal holidays, at 34040 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Proposed Rules

EPA’s Air Docket Section at the above State, local, or tribal governments or revisions represent an economic benefit address. Information concerning the communities; to the affected utility and a benefit to original rules is found in Docket No. A– (2) Create a serious inconsistency or the environment. The early reduction 92–06. A reasonable fee may be charged otherwise interfere with an action taken credit program is operated entirely by for copying. or planned by another agency; the EPA and, therefore, the changes will (3) Materially alter the budgetary FOR FURTHER INFORMATION CONTACT: not burden the State or local permitting impact of entitlements, grants, user fees, authorities. Kathy Barylski at (202) 233–9074 Acid or loan programs or the rights and Rain Division (6204J), U.S. obligations of recipients thereof; or C. Paperwork Reduction Act Environmental Protection Agency, 401 (4) Raise novel legal or policy issues M St., S.W., Washington, DC 20460; or arising out of legal mandates, the This rule will increase the the Acid Rain Hotline at (202) 233– President’s priorities, or the principles information collection requirements of 9620. Electronic copies of this set forth in the Executive Order. the existing regulations, but only for the rulemaking can be accessed through the Pursuant to the terms of Executive utilities that are eligible and wish to Acid Rain Division website at http:// Order 12866, it has been determined participate in the early reduction credit www.epa.gov/acidrain. that this rule is not a ‘‘significant program. As only two utilities are regulatory action’’ because the rule does eligible for early reduction credits, an SUPPLEMENTARY INFORMATION: In this not meet any of the criteria listed above. information collection report is not documet, EPA proposes revisions to the As such, this action was not submitted required. Therefore, no information early reduction credit regulation of the to OMB for review. collection report has been prepared or Acid Rain Program that are presented submitted to the OMB under the B. Unfunded Mandates Act and discussed in detail in a direct final Paperwork Reduction Act, 44 U.S.C. rule published in the Final Rules Section 202 of the Unfunded 3501, et seq. Section of this Federal Register. The Mandates Reform Act of 1995 proposed revisions provide a method by (‘‘Unfunded Mandates Act’’) requires D. Regulatory Flexibility which additional allowances may be that the Agency prepare a budgetary The Regulatory Flexibility Act, 5 loaned to units receiving early reduction impact statement before promulgating a U.S.C. 601, et seq., requires each federal credits as an incentive to further reduce rule that includes a federal mandate that emissions prior to the units becoming may result in expenditure by State, agency to consider potential impacts of subject to the applicable Acid Rain local, and tribal governments, in its regulations on small business Program emission limitations. EPA is aggregate, or by the private sector, of ‘‘entities.’’ Under 5 U.S.C. 604(a), an seeking comment on these proposed $100 million or more in any one year. agency issuing a notice of proposed revisions. EPA considers these revisions Section 203 requires the Agency to rulemaking must prepare and make to be noncontroversial and anticipates establish a plan for obtaining input from available for public comment a no adverse comments. If EPA timely and informing, educating, and advising regulatory flexibility analysis. Such an receives significant, adverse comments, any small governments that may be analysis is not required if the head of an EPA will publish a document in the significantly or uniquely affected by the agency certifies that a rule will not have Federal Register withdrawing the direct rule. a significant economic impact on a final rule. In that event, all public Under section 205 of the Unfunded substantial number of small entities, comments received will be treated as Mandates Act, the Agency must identify pursuant to 5 U.S.C. 605(b). comments on this proposed rule and and consider a reasonable number of Today’s rule does not impact small will be addressed in a subsequent final regulatory alternatives before entities. The only two utilities eligible rulemaking document. EPA will not promulgating a rule for which a for early reduction credits are large institute a second comment period on budgetary impact statement must be corporations, not small entities. this document. Any parties interested in prepared. The Agency must select from Pursuant to the provisions of 5 U.S.C. commenting on these revisions to Part those alternatives the least costly, most 605(b), I hereby certify that the revised 73 should do so at this time. The direct cost-effective, or least burdensome rule will not have a significant, adverse final rule includes the rule revisions alternative that achieves the objectives impact on a substantial number of small and a detailed rationale for them. of the rule, unless the Agency explains entities. Administrative Requirements why this alternative is not selected or the selection of this alternative is E. Miscellaneous A. Executive Order 12866 inconsistent with law. In accordance with section 117 of the Because this rule is estimated to result Act, issuance of this rule was preceded Under Executive Order 12866, 58 FR in the expenditure by State, local, and by consultation with any appropriate 51735 (October 4, 1993), the tribal governments or the private sector Administrator must determine whether of less than $100 million in any one advisory committees, independent the regulatory action is ‘‘significant’’ year, the Agency has not prepared a experts, and federal departments and and therefore subject to Office of budgetary impact statement or agencies. Management and Budget (OMB) review specifically addressed the selection of List of Subjects in 40 CFR Part 73 and the requirements of the Executive the least costly, most cost-effective, or Order. The Order defines ‘‘significant least burdensome alternative. Because Air pollution control, Electric regulatory action’’ as one that is likely small governments will not be utilities, Reporting and recordkeeping to result in a rule that may: significantly or uniquely affected by this requirements, Sulfur dioxide. (1) Have an annual effect on the rule, the Agency is not required to Dated: June 16, 1997. economy of $100 million or more or develop a plan with regard to small Carol M. Browner, adversely affect in a material way the governments. economy, a sector of the economy, The revisions to part 73 will not have Administrator. productivity, competition, jobs, the a significant effect on regulated entities [FR Doc. 97–16512 Filed 6–23–97; 8:45 am] environment, public health or safety, or or State permitting authorities. The BILLING CODE 6560±5±P Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Proposed Rules 34041

DEPARTMENT OF TRANSPORTATION functions on pipelines subject to the the U.S. Department of Transportation, pipeline safety regulations. The Nassif Building, 400 7th Street, SW, Research and Special Programs advisory committee is composed of Washington, DC. The August meeting Administration persons who represent the interests that will be held at the American Gas would be affected by the rule, such as 49 CFR Parts 192 and 195 Association, 1515 Wilson Boulevard, gas pipeline operators, hazardous liquid 11th floor, in Arlington, Virginia. [Docket No. PS±94; Notice 7] and carbon dioxide pipeline operators, representatives of state and federal FOR FURTHER INFORMATION CONTACT: RIN 2137±AB38 governments, labor organizations, and Eben M. Wyman, (202) 366–0918, regarding the subject matter of this Qualification of Pipeline Personnel other interested parties. DATES: The Committee will meet from Notice; or the Dockets Unit, (202) 366– AGENCY: Research and Special Programs 9:00am to 5:00pm on the following 4453, for copies of this document or Administration (RSPA), DOT. dates: other material in the docket. ACTION: Notice of public meetings. July 9–10, 1997—DOT Headquarters, Issued in Washington, DC on June 18, SUMMARY: This document announces the Room 10234. 1997. next three meetings of the RSPA August 27–28, 1997—American Gas Cesar De Leon, Negotiated Rulemaking Committee. This Association, Arlington, VA. Deputy Associate Administrator for Pipeline committee is conducting a negotiated October 8–9, 1997—DOT Headquarters, Safety. rulemaking to develop a proposed rule Room 10234. [FR Doc. 97–16405 Filed 6–23–97; 8:45 am] on qualification of pipeline employees ADDRESSES: The July and October BILLING CODE 4910±60±P performing certain safety-related meetings will be held in Room 10234 at 34042

Notices Federal Register Vol. 62, No. 121

Tuesday, June 24, 1997

This section of the FEDERAL REGISTER Sign up cotton and cotton products at a rate contains documents other than rules or FSA state office request determined in the same manner as for proposed rules that are applicable to the U.S. cotton; (3) increase in the amount public. Notices of hearings and investigations, Alabama ...... 5 the Secretary can be reimbursed for committee meetings, agency decisions and Arizona ...... 35 conduct of a referendum from $200,000 rulings, delegations of authority, filing of Arkansas ...... 1 petitions and applications and agency California ...... 0 to $300,000; (4) reimbursement of statements of organization and functions are Florida ...... 26 government agencies which assist in examples of documents appearing in this Georgia ...... 52 administering the collection of section. Kansas ...... 0 assessments on imported cotton and Kentucky ...... 1 cotton products; and (5) termination of Louisiana ...... 208 the right of producers to demand a Mississippi ...... 62 DEPARTMENT OF AGRICULTURE Missouri ...... 7 refund of assessments. New Mexico ...... 24 In July 9, 1991, (56 FR 31289) the Agriculture Marketing Service North Carolina ...... 145 Agricultural Marketing Service (AMS) Oklahoma ...... 18 issued a proposal to amend the Cotton [CN±97±004] South Carolina ...... 1 Research and Promotion Order. To Tennessee ...... 47 determine if a majority, 50 percent or Texas ...... 296 Cotton Research and Promotion more, of producers and importers Program: Determination of Whether To Virginia ...... 44 Importers ...... 251 favored implementation of the proposed Conduct a Referendum Regarding amendments to the Order, the 1990 Amendments to the Cotton Total ...... 1,223 Department conducted a referendum Research and Promotion Act among persons who had been cotton Section 8(c)(2) of the Cotton Research producers or cotton importers during a AGENCY: Agricultural Marketing Service, and Promotion Act (Act), provides that representative period. USDA. following a sign-up period, the Results of the July 1991 referendum ACTION: Notice. Secretary shall conduct a referendum showed that of the 46,220 valid ballots upon the request of 10 percent or more received, 27,879 or 60 percent of the of the number of cotton producers and SUMMARY: This notice announces the persons voting, 27,638 cotton producers Department’s determination not to importers voting in the most recent and 241 importers, favored the referendum (1991). This would require amendments to the Order, and 18,341 or conduct a continuance referendum × regarding the 1990 amendments to the 10 percent or 4,622 (46,220 .10=4,622) 40 percent, 17,957 cotton producers and of the 46,220 valid ballots cast by cotton Cotton Research and Promotion Act. 384 cotton importers, opposed the producers and importers in the July This determination is based on the amendments to the Order. 1991 referendum. It is further provided results of a sign-up period conducted Following the July 1991 referendum, that, in counting such requests not more January 15 through April 14, 1997, AMS implemented the amendments. In than 20 percent may be from producers during which all persons paying addition to the previously discussed from any one state or importers of assessments to this program were amendments to the Act and Order, the cotton. provided the opportunity to request a The Department finds that the results Department is required by Section referendum. of the sign-up period did not meet the 8(c)(1) to: (1) conduct a review once every 5 years after the anniversary date FOR FURTHER INFORMATION CONTACT: criteria requiring a continuance of the referendum implementing the Craig Shackelford, Chief, Research and referendum by the Cotton Research and Promotion Act. The Department bases 1990 Act amendments to determine Promotion Staff, Cotton Division, AMS, whether a referendum is necessary and; USDA, Stop 0224, 1400 Independence this determination on the fact that the 1,223 requests received during the sign- (2) make public the results of such a Avenue, SW, Washington, D.C. 20250– review within 60 days after each fifth 0224. Telephone (202) 720–2259, up period, is less than the 4,622 required. anniversary date of the 1991 facsimile (202) 690–1718. implementing referendum. Should the SUPPLEMENTARY INFORMATION: During the Background review indicate that a referendum is period January 15 through April 14, On November 28, 1990, Congress, as needed, the Department is directed to 1997, the Department, pursuant to part of the Food, Agriculture, Trade and conduct the referendum within 12 Section 8(c)(1) of the Cotton Research Conservation Act of 1990, enacted months after a public announcement of and Promotion Act provided an amendments to the Cotton Research and review results. opportunity, a sign-up period, for all Promotion Act. These amendments Should the review indicate that a eligible persons to request a provided for: (1) importer representation referendum is not warranted, Section continuance referendum on the 1990 on the Cotton Board by an appropriate 8(c)(2) includes provisions for Act amendments. Sign-up period results number of persons to be determined by producers and importers to request a showed that a total of 1,223 valid the Secretary who import cotton or continuance referendum through a sign- requests were received by the cotton products into the U.S., and are up period. Department from eligible persons in selected by the Secretary from Pursuant to the Act, on October 8, various states and from importers. The nominations submitted by importer 1996, the Department announced its following table depicts the number of organizations certified by the Secretary; determination (61 FR 52772), based on requests for a continuance referendum. (2) assessments levied on imported a review report titled ‘‘Cotton Research Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Notices 34043 and Promotion Five Year Review’’, not DEPARTMENT OF AGRICULTURE Anagyrus and Gyranusoidea to conduct a referendum on its own (Hymenoptera: Encyrtidae) in the initiative among cotton producers and Animal and Plant Health Inspection continental United States and its importers regarding the continuation of Service Caribbean territories. PHM is currently the 1990 Act amendments. [Docket No. 97±054±1] established on the islands of St. Thomas The report describes the impact of the and St. John in the U.S. Virgin Islands Cotton Research and Promotion Program Availability of an Environmental and on Puerto Rico. However, we Assessment and Finding of No on the cotton industry and the views of anticipate that PHM will spread to other Significant Impact those receiving its benefits. It states that U.S. territories in the Caribbean and to the mainland United States. As PHM the 1990 amendments to the Cotton AGENCY: Animal and Plant Health Research and Promotion Act were Inspection Service, USDA. spreads, nonindigenous wasps in the genera Anagyrus and Gyranusoidea successfully implemented and are ACTION: Notice. operating as intended. The report also would be released in affected areas to states that there is a general consensus SUMMARY: We are advising the public suppress PHM. PHM is a devastating within the cotton industry that the that an environmental assessment and pest of cocoa, grapes, fiber crops, hibiscus, and many other field crops Cotton Research and Promotion Program finding of no significant impact have and ornamental plants. Wasps of the in general, and the import assessment been prepared by the Animal and Plant genus Anagyrus have controlled PHM in and the elimination of refunds in Health Inspection Service relative to the Egypt, India, and Hawaii, and wasps of particular, are operating as intended. proposed release into the environment the genus Gyranusoidae, closely related Based on the findings of the report, the of nonindigenous wasps for use as biological control agents to suppress the to Anagyrus wasps, offer similar Department found no compelling reason Pink Hibiscus Mealybug. The potential as biological control agents for to conduct a referendum regarding the environmental assessment provides a the suppression of PHM. 1990 Act amendments, even though the basis for our conclusion that the release report did recognize that some program To provide the public with into the environment of the biological documentation of APHIS’ review and participants were in favor of a control agents will not present a risk of referendum. analysis of the environmental impact introducing plant pests into the United and plant pest risk associated with If the Secretary does not provide for States or disseminating plant pests releasing these biological control agents such a referendum on the Secretary’s within the United States and will not into the environment, we have prepared own initiative, the Act provides that the have a significant impact on the quality an environmental assessment and Secretary shall conduct such a of the human environment. Based on its finding of no significant impact relative referendum upon the request of 10 finding of no significant impact, the to the release into the environment of percent or more of the number of cotton Animal and Plant Health Inspection the following biological control agents: producers and importers voting in the Service has determined that an most recent referendum. This would be environmental impact statement need Date of not be prepared. accomplished through a sign-up period Title of environ- finding of ADDRESSES: Copies of the environmental Organisms no signifi- conducted by the Department. mental assessment cant im- Determination of sign up eligibility and assessment and finding of no significant pact procedures for the conduct of the sign- impact are available for public up period were announced prior to the inspection at USDA, room 1141, South Anagyrus ``Field Releases of 5/30/97. start of the sign-up period in the Federal Building, 14th Street and Independence spp. and Nonindigenous Register (62 FR 1659). Avenue SW., Washington, DC, between Gyranu- Species of 8 a.m. and 4:30 p.m., Monday through soidea Anagyrus and With this announcement of the results Friday, except holidays. Persons spp. Gyranusoidea of the sign-up, the Department has wishing to inspect those documents are (Hymenoptera: completed all requirements set forth in requested to call ahead on (202) 690– Encyrtidae) for Bi- ological Control of section 8(c) (1) and (2) regarding the 2817 to facilitate entry into the reading review of the Cotton Research and Pink Hibiscus room. Mealybug, Promotion Program to determine if a FOR FURTHER INFORMATION CONTACT: Dr. Maconellicoccus referendum is warranted. A referendum Dale E. Meyerdirk, Senior Staff Officer, hirsutus will not be conducted, and no further Pink Hibiscus Mealybug Program, PPQ, (Homoptera: actions are planned in connection with APHIS, 4700 River Road Unit 135, Pseudococcidae)'' this review. Riverdale, MD 20737–1236, (301) 734– (June 1997). Authority: 7 U.S.C. 2101–2118. 5667. For copies of the environmental The environmental assessment and Dated: June 18, 1997. assessment and finding of no significant impact, write to Dr. Dale E. Meyerdirk finding of no significant impact have D. Michael Holbrook, at the same address. Please refer to the been prepared in accordance with: (1) Acting Administrator, Agricultural Marketing title of the environmental assessment The National Environmental Policy Act Service. when ordering copies. of 1969, as amended (NEPA) (42 U.S.C. [FR Doc. 97–16413 Filed 6–23–97; 8:45 am] SUPPLEMENTARY INFORMATION: As a part 4321 et seq.), (2) regulations of the BILLING CODE 3410±02±P of a biological control project to Council on Environmental Quality for suppress Pink Hibiscus Mealybug implementing the procedural provisions (PHM) (Maconellicoccus hirsutus of NEPA (40 CFR parts 1500–1508), (3) [Green]) (Homoptera: Pseudococcidae), USDA regulations implementing NEPA the Animal and Plant Health Inspection (7 CFR part 1b), and (4) APHIS’ NEPA Service (APHIS) is proposing to release Implementing Procedures (7 CFR part nonindigenous wasps in the genera 372). 34044 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Notices

Done in Washington, DC, this 18th day of directed to Patricia N. Daniels (703) advances on municipal rate loans with June 1997. 305–2554. interest rate terms beginning during the Terry L. Medley, third calendar quarter of 1997. SUPPLEMENTARY INFORMATION: Administrator, Animal and Plant Health DATES: These interest rates are effective Inspection Service. Title: Form FCS–42, Annual Report of for interest rate terms that commence [FR Doc. 97–16487 Filed 6–23–97; 8:45 am] the Nutrition Education and Training during the period beginning July 1, BILLING CODE 3410±34±P Program. 1997, and ending September 30, 1997. OMB Number: 0584–0062. FOR FURTHER INFORMATION CONTACT: Expiration Date: 09/30/97. Carolyn Dotson, Loan Funds Control DEPARTMENT OF AGRICULTURE Type of Request: Extension of a currently approved collection. Assistant, U.S. Department of Agriculture, Rural Utilities Service, Food and Consumer Service Abstract: Section 19(g)(2) of the Child Nutrition Act of 1966, as amended, Room 2234–S, Stop 1524, 1400 Agency Information Collection requires that ‘‘State educational Independence Avenue, SW, Activities: Proposed Collection; agencies shall provide reports on Washington, DC 20250–1500. Comment Request Form FCS±42, expenditures of Federal funds, program Telephone: 202–720–1928. FAX: 202– Annual Report of the Nutrition participation, program cost, and related 690–2268. E-mail: Education and Training Program matters, in such form and at such times [email protected]. as the Secretary may prescribe.’’ Section SUPPLEMENTARY INFORMATION: The Rural AGENCY: Food and Consumer Service, 227.30(f)(3) of the Nutrition Education Utilities Service (RUS) hereby USDA. and Training (NET) program regulations announces the interest rates on ACTION: Notice. further require State agencies to submit advances made during the third to FCS an annual performance report. calendar quarter of 1997 for municipal SUMMARY: In accordance with the This information is captured on the rate electric loans. RUS regulations at 7 Paperwork Reduction Act of 1995, this FCS–42, Annual Report of the Nutrition CFR 1714.4 state that each advance of notice announces the Food and and Education Training Program. funds on a municipal rate loan shall Consumer Service’s (FCS) intention to The information provided by the bear interest at a single rate for each request Office of Management and FCS–42 is used by the Department and interest rate term. Pursuant to 7 CFR Budget (OMB) approval of the FCS–42, the State agency to assess NET 1714.5, the interest rates on these Annual Report for Nutrition Education implementation status, monitor program advances are based on indexes and Training Program. accomplishments, and evaluate each published in the ‘‘Bond Buyer’’ for the State’s progress in achieving the goals DATES: Written comments on this notice four weeks prior to the first Friday of and objectives in the national strategic must be received on or before August the last month before the beginning of plan and the State agency 25, 1997. the quarter. The rate for interest rate implementation plan. Data from the terms of 20 years or longer is the average ADDRESSES: Comments are invited on: FCS–42 is also entered into the Special of the 20 year rates published in the (a) Whether the proposed collection of Nutrition Programs Integrated Bond Buyer in the four weeks specified information is necessary for the proper Information System from which regional in 7 CFR 1714.5(d). The rate for terms performance of the functions of the and national totals are derived. of less than 20 years is the average of the agency, including whether the Affected Public: State and territorial rates published in the Bond Buyer for information has practical utility; (b) the governments, FCS regional offices the same four weeks in the table of accuracy of the agency’s estimate of the administering NET Program. ‘‘Municipal Market Data—General burden of the proposed collection of Estimated Number of Respondents: Obligation Yields’’ or the successor to information, including the validity of 56. this table. No interest rate may exceed the methodology and assumptions used; Estimated Time per Response: Twelve the interest rate for Water and Waste hours for reporting and 4 hours for (c) ways to enhance the quality, utility Disposal loans. and clarity of the information to be recordkeeping for a total of 16 hours. In the past, both the published Estimated Total Annual Burden on collected; and (d) ways to minimize the Municipal Market Data table and the Respondents: 896. burden of the collection of information table published by RUS have included on those who are to respond, including Dated: June 11, 1997. a rate for each year up to 20 years. At through the use of appropriate William E. Ludwig, the end of May 1997, however, the Bond automated, electronic, mechanical, or Administrator, Food and Consumer Service. Buyer changed the table of ‘‘Municipal other technological collection [FR Doc. 97–16488 Filed 6–23–97; 8:45 am] Market Data—General Obligation techniques or other forms of information BILLING CODE 3410±30±U Yields.’’ Instead of publishing a rate for technology. Comments may be sent to: each year, as was done in the past, the Patricia N. Daniels, Chief, Nutrition table now includes only rates for Services and Education Branch, DEPARTMENT OF AGRICULTURE securities maturing in 1998 and at 5 Nutrition and Technical Services year intervals thereafter. Division, Food and Consumer Service, Rural Utilities Service Therefore, beginning with this Notice, U.S. Department of Agriculture, 3101 the rates published by RUS will reflect Municipal Interest Rates for the Third Park Center Drive, Alexandria, VA the average rates for the years shown in Quarter of 1997 22302. All responses to this notice will the Municipal Market Data table in the be summarized and included in the AGENCY: Rural Utilities Service, USDA. Bond Buyer. Rates for interest rate terms request for OMB approval. All ACTION: Notice of municipal interest ending in intervening years will be a comments will also become a matter of rates on advances from insured electric linear interpolation based on the public record. loans for the third quarter of 1997. average of the rates published in the FOR FURTHER INFORMATION: Requests for Bond Buyer. All rates will be adjusted additional information or copies of the SUMMARY: The Rural Utilities Service to the nearest one eighth of one percent proposed information form should be hereby announces the interest rates for (0.125 percent) as required under 7 CFR Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Notices 34045

1714.5(a). The method for issuing rates Tuesday, July 8, 1997 DEPARTMENT OF COMMERCE for interest rate terms of 20 years or longer is unchanged. The market 9:00 a.m.–4:30 p.m.—Committee of the INTERNATIONAL TRADE interest rate on Water and Waste Whole—ADAAG Revision (Closed ADMINISTRATION Disposal loans for this quarter is 5.500 Meeting). percent. 4:30 p.m.–5:30 p.m.—Planning and [A±583±824] In accordance with 7 CFR 1714.5, the Budget Committee. interest rates are established as shown Wednesday, July 9, 1997 Polyvinyl Alcohol from Taiwan: Notice in the following table for all interest rate of Extension of Time Limit for New terms that begin at any time during the 9:00 a.m.–10:00 a.m.—Committee of the Shipper Antidumping Duty third calendar quarter of 1997. Whole—Final Rule on Building Administrative Review Elements Designed for Children’s Use Interest rate term ends in RUS rate (Closed Meeting). AGENCY: Import Administration, International Trade Administration, (year) (0.000 percent) 10:00 a.m.–11:00 a.m.—Technical Department of Commerce. Programs Committee. 2018 ...... 5.500 EFFECTIVE DATE: June 24, 1997. 2017 ...... 5.500 11:00 a.m.–Noon Long-Range Planning 2016 ...... 5.500 Group. FOR FURTHER INFORMATION CONTACT: Everett Kelly or Ellen Grebasch, Import 2015 ...... 5.500 1:30 p.m.–2:30 p.m.—Executive 2014 ...... 5.375 Administration, International Trade Committee. 2013 ...... 5.375 Administration, U.S. Department of 2012 ...... 5.375 3:00 p.m.–5:00 p.m.—Board Meeting. Commerce, 14th Street and Constitution 2011 ...... 5.250 5:30 p.m.–7:30 p.m.—Play Area Avenue, N.W., Washington, D.C. 20230; 2010 ...... 5.250 Committee Awards Ceremony. telephone: (202) 482–4194 or (202) 482– 2009 ...... 5.125 2008 ...... 5.000 ADDRESSES: The meetings will be held 3773, respectively. 2007 ...... 5.000 at: Westin Hotel, 1400 M Street, NW., SUMMARY: The Department of Commerce 2006 ...... 4.875 Washington, DC. (the Department) is extending the time 2005 ...... 4.875 limit for the preliminary results of the FOR FURTHER INFORMATION CONTACT: For 2004 ...... 4.750 new shipper review of the antidumping 2003 ...... 4.750 further information regarding the meetings, please contact Lawrence W. duty order on polyvinyl alcohol from 2002 ...... 4.625 Taiwan. The period of review is May 1, 2001 ...... 4.500 Roffee, Executive Director, (202) 272– 2000 ...... 4.250 5434, ext. 14 (voice) and (202) 272–5449 1996 through October 31, 1996. This 1999 ...... 4.000 (TTY). extension is made pursuant to the Tariff 1998 ...... 3.875 Act of 1930, as amended by the Uruguay SUPPLEMENTARY INFORMATION: At the Round Agreements Act (hereinafter, Dated: June 17, 1997. Board meeting, the Access Board will ‘‘the Act’’). consider the following agenda items. Wally Beyer, Postponement Administrator, Rural Utilities Service. Specific voting items are noted next to each committee report. On December 18, 1996, the [FR Doc. 97–16428 Filed 6–23–97; 8:45 am] Open Meeting Department initiated this new shipper BILLING CODE 3410±15±P review of the antidumping duty order • Executive Director’s Report. on polyvinyl alcohol from Taiwan (61 • Approval of the Minutes of the May FR 68237, December 28, 1996). The ARCHITECTURAL AND 14, 1997 Board Meeting. current deadline for the preliminary TRANSPORTATION BARRIERS • Play Area Regulatory Negotiation results is June 16, 1997. Under the Act, COMPLIANCE BOARD Committee Report. the Department may extend the deadline for completion of a new • Long-Range Planning Committee Meeting shipper review if it determines that the Report. case is extraordinarily complicated. The • AGENCY: Architectural and Planning and Budget Committee Department finds that it is not Transportation Barriers Compliance Report—Fiscal Year 1997 Spending Plan practicable to complete the new shipper Board. Change. review of polyvinyl alcohol from ACTION: Notice of meeting. • Technical Programs Committee Taiwan within this time limit due to the Report. extraordinarily complicated nature of SUMMARY: The Architectural and • Executive Committee Report. certain issues in this review which Transportation Barriers Compliance require further investigation. Among Board (Access Board) has scheduled its Closed Meeting these issues is the question of regular business meetings to take place • Final Rule on Children’s Elements. respondent Perry Chemical in Washington, DC on Monday, • Corporation’s eligibility to be Tuesday, and Wednesday, July 7–9, Committee of the Whole Report on ADAAG Revision. considered a new shipper. 1997 at the times and location noted In accordance with section below. All meetings are accessible to persons 751(a)(2)(B)(iv) of the Act, the with disabilities. Sign language DATES: The schedule of events is as Department will extend the time for follows: interpreters and an assistive listening completion for the preliminary results system are available at all meetings. of this new shipper review to October Monday, July 7, 1997 James J. Raggio, 14, 1997. Accordingly, we will issue the 9:00 a.m.–5:30 p.m.—Committee of the General Counsel. final results within 90 days after notice Whole—ADAAG Revision (Closed [FR Doc. 97–16554 Filed 6–23–97; 8:45 am] of the preliminary results is published Meeting). BILLING CODE 8150±01±P in the Federal Register. 34046 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Notices

Dated: June 16, 1997. EFFECTIVE DATE: June 24, 1997. the Former German Democratic Jeffrey P. Bialos, SUMMARY: The Department of Commerce Republic, 62 FR 32296 (June 13, 1997), Principal Deputy Assistant Secretary for (‘‘the Department’’) is correcting an the Department erroneously indicated Import Administration. extended time limit for the preliminary that the preliminary results of the [FR Doc. 97–16411 Filed 6–23–97; 8:45 am] results of the antidumping review were due on July 2, 1997. In fact, BILLING CODE 3510±DS±P administrative review of the as indicated in the Memorandum dated antidumping order on Solid Urea from May 30, 1997 referenced in the notice, the Former German Democratic the due date for the preliminary results DEPARTMENT OF COMMERCE Republic. of the antidumping administrative International Trade Administration FOR FURTHER INFORMATION CONTACT: review of the antidumping order on Steven Presing, Import Administration, Solid Urea from the Former German [A±429±601] International Trade Administration, Democratic Republic is June 25, 1997. U.S. Department of Commerce, 14th Therefore, the correct deadlines for Notice To Correct Extension of Time Street and Constitution Avenue, NW., this review are as follows: Limit for Antidumping Duty Washington, DC 20230, telephone (202) Administrative Review of Solid Urea 482–0194. From the Former German Democratic SUPPLEMENTARY INFORMATION: Republic In its notice extending the time limit for the AGENCY: Import Administration, preliminary results of the antidumping International Trade Administration, administrative review of the Department of Commerce. antidumping order on Solid Urea from

Product Country Review period Initiation date Prelim. due date FInal due date 1

Solid Urea (A±429±601) ...... Germany .. 95/96 08/15/96 06/25/97 10/30/97 1 The Department shall issue the final results 120 days after the publication of the preliminary results. This final due date is estimated based on publication of the preliminary notice five business days after signature.

Dated: June 18, 1997. Lorenza Olivas or Kelly Parkhill, Office terminating this review of the Roland L. MacDonald, of CVD/AD Enforcement VI, Import countervailing duty order on cotton Acting Deputy Assistant Secretary, AD/CVD Administration, International Trade shop towels from Pakistan. Enforcement Group III. Administration, U.S. Department of This notice is published in [FR Doc. 97–16410 Filed 6–23–97; 8:45 am] Commerce, 14th Street and Constitution accordance with 19 CFR 355.22(a)(5). BILLING CODE 3510±DS±M Avenue, NW, Washington, DC 20230; Dated: June 13, 1997. telephone: (202) 482–2786. Jeffrey P. Bialos, SUPPLEMENTARY INFORMATION: Principal Deputy Assistant Secretary for DEPARTMENT OF COMMERCE Background Import Administration. International Trade Administration [FR Doc. 97–16555 Filed 6–23–97; 8:45 am] On March 31, 1997, the Department BILLING CODE 3510±DS±M [C±535±001] received a request for an administrative review of this countervailing duty order Cotton Shop Towels From Pakistan; from the Government of Pakistan and DEPARTMENT OF DEFENSE Termination of Countervailing Duty the shop towel exporters of Pakistan, Administrative Review respondents, for the period January 1, Department of the Army 1996 through December 31, 1996. On AGENCY: Import Administration, April 24, 1997, the Department Exclusive License Announcement International Trade Administration, published in the Federal Register (62 AGENCY: U.S. Army Research Department of Commerce. FR 19988) a notice of ‘‘Initiation of Laboratory. ACTION: Notice of termination of Countervailing Duty Administrative countervailing duty administrative Review’’ initiating the administrative ACTION: Notice. review. review of respondents. On May 7, 1997, SUMMARY: In accordance with 37 CFR respondents withdrew their request for 404.7(a)(1)(i), announcement is made of SUMMARY: On April 24, 1997 (62 FR review. prospective exclusive license of U.S. 19988), in response to a request from the The Department’s regulations (19 CFR respondents, the Department of Patent 5,515,865, ‘‘Sudden Infant Death 355.22(a)(5)) stipulates that the Syndrome (SIDS) Monitor and Commerce (the Department) initiated an Secretary may permit a party that administrative review of the Stimulator,’’ and two related pending requests a review to withdraw the U.S. patent applications entitled, countervailing duty order on cotton request not later than 90 days after ‘‘Acoustic Monitoring System’’ and shop towels from Pakistan. The review publication date for the initiation notice ‘‘Motion and Sound Monitor and covers the period January 1, 1996 on the requested review. In this case, Stimulator’’ for the purpose of through December 31, 1996. In respondents have withdrawn their manufacturing, using, and selling a accordance with 19 CFR 355.22(a)(5), request for review within the 90-day product for monitoring the heartbeat the Department is terminating this period. No other interested party and breathing of persons engaged in review because the respondents have requested a review and we have sports and fitness activities. withdrawn their request for review. received no other submissions regarding This invention is described as an EFFECTIVE DATE: June 24, 1997. respondents’ withdrawal of their request acoustic sensor useful for monitoring FOR FURTHER INFORMATION CONTACT: for review. Therefore, we are heartbeat and breathing and other uses. Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Notices 34047

The two related U.S. patent applications Department of Justice and the Nonprocurement Programs, DOJ and ED concern this and other uses of this Department of Education implemented a have determined that matching against invention and some improvements computer matching program. The the DOJ data base is more efficient and thereto. current computer matching agreement effective than access to the GSA List. The right to these United States expires on July 1, 1997. The Department The DOJ data base has specific Patents and related Patent Applications of Education must continue to obtain information about the Title IV, HEA are owned by the United States of from the Department of Justice programs for which individuals are America, as represented by the identifying information regarding ineligible and has more complete Secretary of the Army. Under the individuals who are the subject of identifying information about those authority of section 11(a)(2) of the section 5301 denial of benefits court individuals than does the GSA List. Federal Technology Transfer Act of orders. The purpose of this notice is to Both of these elements are essential for 1986 (Pub. L. 99–502) and section 207 announce the continued operation of a successful match. of title 35 United States Code, the the computer matching program and to Department of the Army, as represented provide certain required information 4. Categories of Records and by the U.S. Army Research Laboratory, concerning the computer matching Individuals Covered intends to grant a limited term exclusive program. A. Department of Education Records license of the above mentioned patent In accordance with the Privacy Act of and applications to Personal Electronic 1974 (5 U.S.C. 552a), as amended by the Federal Student Aid Application File Devices, Inc., Natick, Ma, for sports and Computer Matching and Privacy (18–40–0014): Composed of records of fitness purposes. Protection Act of 1988 (Pub. L. 100– students applying for Federal student FOR FURTHER INFORMATION CONTACT: 503), the Office of Management and financial assistance under Title IV of the Ms. Norma Vaught, Technology Transfer Budget (OMB) Guidelines on the HEA. The social security number and Office, AMSRL–CS–TT, U.S. Army Conduct of Matching Programs (see 54 the first two letters of an applicant’s last Research Laboratory, Adelphi, MD FR 25818, June 19, 1989), and OMB name will be used by ED for the match. 20783–1197; tel: (301) 394–2952; fax: Bulletin 89–22, the following (301) 394–5815; e-mail: information is provided: B. Department of Justice Records [email protected]. 1. Names of Participating Agencies Denial of Federal Benefits SUPPLEMENTARY INFORMATION: Pursuant Clearinghouse System (DEBAR) (OJP– to 37 CFR 404.7(a)(1)(i), any interested The Department of Education (ED) and the Department of Justice (DOJ). 0013): Contains the names, social party may file written objections to this security numbers, dates of birth, and prospective exclusive license 2. Purpose of the Match other identifying information regarding arrangement. Written objections should individuals convicted of Federal or be directed to the above address on or This matching program is designed to State offenses involving drug trafficking before 60 days from the publication of assist ED in enforcing the sanctions or possession of a controlled substance this notice. imposed under section 5301 of the Anti- Drug Abuse Act of 1988 (Pub. L. 100– who have been denied Federal benefits Gregory D. Showalter, 690). by Federal or State courts. This system Army Federal Register Liaison Officer. of records also contains information 3. Authority for Conducting the [FR Doc. 97–16481 Filed 6–23–97; 8:45 am] concerning the specific program or Matching Program BILLING CODE 3710±08±M programs for which benefits have been Under section 5301 of the Anti-Drug denied. DOJ will make available for the Abuse Act of 1988, as amended (21 matching program the records of only DEPARTMENT OF EDUCATION U.S.C. 862), ED must deny Federal those individuals who have been denied benefits to any individual upon whom Federal benefits under one or more of Privacy Act of 1974; Computer a Federal or State court order has the Title IV, HEA programs. Matching Program imposed a penalty denying eligibility 5. Effective Dates of the Matching AGENCY: Office of Postsecondary for those benefits. Student financial Education, Department of Education. assistance under Title IV of the Higher Program Education Act of 1965, as amended ACTION: Notice—Computer matching The matching program will become (HEA) is a Federal benefit under section between the Department of Education effective 40 days after a copy of the 5301 and ED must, in order to meet its and the Department of Justice. computer matching agreement, as obligations under the HEA, have access approved by the Data Integrity Board of SUMMARY: Section 5301(a)(1) of the Anti- to information about individuals who each agency, is sent to Congress and Drug Abuse Act of 1988 (now have been declared ineligible under OMB or 30 days after publication of this designated as section 421(a)(1) of the section 5301. Controlled Substances Act (21 U.S.C. notice in the Federal Register, 862(a)(1)) includes provisions regarding The President’s Denial of Federal whichever date is later. The matching the judicial denial of Federal benefits. Benefits program will continue for 18 months Section 5301 authorizes Federal and Section 5301 and the Procedures for after the effective date and may be State judges to deny certain Federal Implementation of section 5301 (Pub. L. extended for an additional 12 months, if benefits (including student financial 100–690), transmitted to the Congress the conditions specified in 5 U.S.C. assistance under Title IV of the Higher on August 30, 1989, direct DOJ to act as 522a(o)(2)(D) have been met. Education Act of 1965, as amended) to an information clearinghouse for 6. Address for Receipt of Public individuals convicted of drug trafficking Federal agencies. While DOJ provides Comments or Inquiries or possession. information about section 5301 In order to ensure that Title IV individuals who are ineligible for Ms. Edith Bell, Program Specialist, student financial assistance is not Federal benefits to the General Services Policy Development Division, U.S. awarded to individuals subject to denial Administration (GSA) for inclusion in Department of Education, 600 of benefits under court orders issued GSA’s List of Parties Excluded from Independence Avenue SW, (Room 3053, pursuant to section 5301, the Federal Procurement and ROB–3), Washington, DC 20202. 34048 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Notices

Telephone: (202) 708–8242. Individuals Issued in Washington, DC, on June 13, on March 31, 1997. 62 FR 16146, April who use a telecommunications device 1997. 4, 1997. for the deaf (TDD) may call the Federal Joseph J. Romm, No comments were received Information Relay Service (FIRS) at 1– Acting Assistant Secretary, Energy Efficiency concerning either the ‘‘Petition for 800–877–8339 between 8 a.m. and 8 and Renewable Energy. Waiver’’ or the ‘‘Application for Interim p.m., Eastern time, Monday through Decision and Order Waiver.’’ The Department consulted Friday. with the Federal Trade Commission Rheem (Case No. F–089). Dated: June 6, 1997. (FTC) concerning the Rheem Petition. David A. Longanecker, Background The FTC did not have any objections to the issuance of the waiver to Rheem. Assistant Secretary for Postsecondary The Energy Conservation Program for The Department on February 28, Education. Consumer Products (other than [FR Doc. 97–16472 Filed 6–23–97; 8:45 am] 1997, issued the Final Rule on test automobiles) was established pursuant procedures for furnaces/boilers, vented BILLING CODE 4000±01±P to the Energy Policy and Conservation home heating equipment, and pool Act, Public Law 94–163, 89 Stat. 917, as heaters. 62 FR 26140, May 12, 1997. amended (EPCA), which requires DOE This Final Rule incorporates test DEPARTMENT OF ENERGY to prescribe standardized test procedure Waivers granted to different procedures to measure the energy manufacturers for air circulation blower Office of Energy Efficiency and consumption of certain consumer delay time at start-up for furnaces with Renewable Energy products, including furnaces. The intent unvarying control on blower delay time. of the test procedures is to provide a [Rheem (Case No. F±089)] This Waiver granted to Rheem expires comparable measure of energy on November 10, 1997, the date when Energy Conservation Program for consumption that will assist consumers the final test procedure rule becomes Consumer Products: Decision and in making purchasing decisions. These effective, resolving the issue Order Granting a Waiver From the test procedures appear at 10 CFR Part necessitating this Waiver. 430, Subpart B. Furnace Test Procedure to Rheem Assertions and Determinations Manufacturing Company The Department amended the prescribed test procedures by adding 10 Rheem’s Petition seeks a waiver from AGENCY: Office of Energy Efficiency and CFR 430.27 to create a waiver process. the DOE test provisions that require a Renewable Energy, Department of 45 FR 64108, September 26, 1980. 1.5-minute time delay between the Energy. Thereafter, DOE further amended its ignition of the burner and the starting of ACTION: Decision and order. appliance test procedure waiver process the circulating air blower. Rheem to allow the Assistant Secretary for requests the allowance to test using a SUMMARY: Notice is given of the Energy Efficiency and Renewable 20-second blower time delay when Decision and Order (Case No. F–089) Energy (Assistant Secretary) to grant an testing its GFD upflow residential, granting a Waiver to Rheem Interim Waiver from test procedure modulating type, gas-fired furnaces. Manufacturing Company (Rheem) from requirements to manufacturers that have Rheem states that since the 20-second the existing Department of Energy (DOE petitioned DOE for a waiver of such delay is indicative of how these models or Department) test procedure for prescribed test procedures. 51 FR 42823, actually operate, and since such a delay furnaces. The Department is granting November 26, 1986. results in an average of approximately Rheem’s Petition for Waiver regarding The waiver process allows the 2.0 percent increase in AFUE, the blower time delay in calculation of Assistant Secretary to waive temporarily Petition should be granted. Annual Fuel Utilization Efficiency test procedures for a particular basic Under specific circumstances, the (AFUE) for its GFD upflow residential, model when a petitioner shows that the DOE test procedure contains exceptions modulating type, gas-fired furnaces. basic model contains one or more which allow testing with blower delay FOR FURTHER INFORMATION CONTACT: Mr. design characteristics which prevent times of less than the prescribed 1.5- Cyrus H. Nasseri, U.S. Department of testing according to the prescribed test minute delay. Rheem indicates that it is Energy, Office of Energy Efficiency and procedures or when the prescribed test unable to take advantage of any of these Renewable Energy, Mail Station EE–431, procedures may evaluate the basic exceptions for its GFD upflow Forrestal Building, 1000 Independence model in a manner so unrepresentative residential, modulating type, gas-fired Avenue, SW, Washington, DC 20585– of its true energy consumption as to furnaces. 0121, (202) 586–9138, or Mr. Eugene provide materially inaccurate Since the blower controls Margolis, Esq., U.S. Department of comparative data. Waivers generally incorporated on the Rheem furnaces are Energy, Office of General Counsel, Mail remain in effect until final test designed to impose a 20-second blower Station GC–72, Forrestal Building, 1000 procedure amendments become delay in every instance of start up, and Independence Avenue, SW, effective, resolving the problem that is since the current test procedure Washington, DC 20585–0103, (202) 586– the subject of the waiver. provisions do not specifically address 9507. Rheem filed a ‘‘Petition for Waiver,’’ this type of control, DOE agrees that a SUPPLEMENTARY INFORMATION: In dated January 29, 1997, in accordance waiver should be granted to allow the accordance with 10 CFR 430.27(j), with section 430.27 of 10 CFR Part 430. 20-second blower time delay when notice is hereby given of the issuance of The Department published in the testing the Rheem GFD upflow the Decision and Order as set out below. Federal Register on April 4, 1997, residential, modulating type, gas-fired In the Decision and Order, Rheem has Rheem’s Petition and solicited furnaces. Accordingly, with regard to been granted a Waiver for its GFD comments, data, and information testing the GFD upflow residential, upflow residential, modulating type, respecting the Petition. 62 FR 16146, modulating type, gas-fired furnaces, gas-fired furnaces permitting the April 4, 1997. Rheem also filed an today’s Decision and Order exempts company to use an alternate test method ‘‘Application for Interim Waiver’’ under Rheem from the existing test procedure in determining AFUE. section 430.27(b)(2), which DOE granted provisions regarding blower controls Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Notices 34049 and allows testing with the 20-second procedures specified in Appendix N of of Section 46, from that shown in the delay. 10 CFR Part 430, Subpart B. May 30, 1997 filing. In addition, It is, therefore, ordered that: (3) The Waiver shall remain in effect Columbia states that the effective dates (1) The ‘‘Petition for Waiver’’ filed by from the date of issuance of this Order appearing on the bottom of the tariff Rheem Manufacturing Company (Case until November 10, 1997, the date when sheets in the May 30, 1997 filing were No. F–089) is hereby granted as set forth the Department’s final test procedure transposed between the two sets. in paragraph (2) below, subject to the appropriate to the GFD upflow Specifically, provisions of paragraphs (3), (4), and (5). residential, modulating type, gas-fired Columbia states that Sheet Nos. 405 (2) Notwithstanding any contrary furnaces manufactured by Rheem goes and 406 showed an effective date of provisions of Appendix N of 10 CFR into effect. June 1, 1997, when they should have Part 430, Subpart B, Rheem shall be (4) This Waiver is based upon the shown an effective date of February 1, permitted to test its GFD upflow presumed validity of statements, 1997 and that Sheet Nos. 483 and 484 residential, modulating type, gas-fired allegations, and documentary materials showed an effective date of February 1, furnaces on the basis of the test submitted by the petitioner. This Waiver 1997, when they should have shown an procedure specified in 10 CFR Part 430, may be revoked or modified at any time effective date of June 1, 1997. Columbia with modifications set forth below: upon a determination that the factual states that it has corrected this (I) Section 3.0 of Appendix N is basis underlying the Petition is transposition error to make the sheets deleted and replaced with the following incorrect. conform to the Settlement. paragraph: (5) Effective 6–13–97, this Waiver Columbia states further that it has 3.0 Test Procedure. Testing and supersedes the Interim Waiver granted served the filing to its customers, measurements shall be as specified in affected state regulatory commissions, section 9 in ANSI/ASHRAM Standard Rheem on March 31, 1997. 62 FR 16146, April 4, 1997 (Case No. F–089). and to the parties in the proceeding. 103–82 with the exception of sections Any person desiring to protest said 9.2.2, 9.3.1, and 9.3.2, and the inclusion Issued in Washington, DC, on June 13, filing should file a protest with the of the following additional procedures: 1997. Federal Energy Regulatory Commission, (ii) Add a new paragraph 3.10 to Joseph J. Romm, 888 First Street, N.E., Washington, D.C. Appendix N as follows: Acting Assistant Secretary, 20426, in accordance with Section 3.10 Gas-and Oil-Fueled Central Energy Efficiency and Renewable Energy. 385.211 of the Commission’s Rules and Furnaces. The following paragraph is in [FR Doc. 97–16383 Filed 6–23–97; 8:45 am] Regulations. All such protests must be lieu of the requirement specified in BILLING CODE 6450±01±P filed as provided in Section 154.210 of section 9.3.1 of ANSI/ASHRAM the Commission’s Regulations. Protests Standard 103–82. After equilibrium will be considered by the Commission conditions are achieved following the DEPARTMENT OF ENERGY in determining the appropriate action to cool-down test and the required be taken, but will not serve to make measurements performed, turn on the Federal Energy Regulatory protestants parties to the proceeding. furnace and measure the flue gas Commission Copies of this filing are on file with the temperature, using the thermocouple [Docket No. RP95±408±020] Commission and are available for public grid described above, at 0.5 and 2.5 inspection in the Public Reference minutes after the main burner(s) comes Columbia Gas Transmission Room. on. After the burner start-up, delay the Corporation; Notice of Proposed Lois D. Cashell, blower start-up by 1.5 minutes (t-), Changes in FERC Gas Tariff Secretary. unless: (1) the furnace employs a single [FR Doc. 97–16443 Filed 6–23–97; 8:45 am] motor to drive the power burner and the June 18, 1997. indoor air circulating blower, in which Take notice that on June 13, 1997, BILLING CODE 6717±01±M case the burner and blower shall be Columbia Gas Transmission Corporation started together; or (2) the furnace is (Columbia) tendered for filing with the DEPARTMENT OF ENERGY designed to operate using an unvarying Commission the following revised tariff delay time that is other than 1.5 sheets to its FERC Gas Tariff, Second Federal Energy Regulatory minutes, in which case the fan control Revised Volume No. 1: Commission shall be permitted to start the blower; or To Be Effective June 1, 1997 (3) the delay time results in the [Docket No. RP97±396±000] activation of a temperature safety device Sixth Revised Sheet No. 262 Fifth Revised Sheet No. 483 Columbia Gulf Transmission which shuts off the burner, in which Fourth Revised Sheet No. 484 Company; Notice of Filing of Report on case the fan control shall be permitted Calculations of Excess Revenues to start the blower. In the latter case, if To Be Effective February 1, 1997 the fan control is adjustable, set it to Fourth Revised Sheet No. 405 June 18, 1997. start the blower at the highest Third Revised Sheet No. 406 Take notice that on June 13, 1997, temperature. If the fan control is Columbia is making the instant filing Columbia Gulf Transmission Company permitted to start the blower, measure to correct the title of Section 46 of the (Columbia Gulf), field its Calculations of time delay, (t-), using a stopwatch. General Terms and Conditions of its Excess Revenues. Record the measured temperatures. FERC Gas Tariff. The title was Columbia Gulf States that prior to During the heat-up test for oil-fueled incorrectly set forth in Columbia’s May May 1, 1997, in accordance with the furnaces, maintain the draft in the flue 30, 1997 tariff filing made to effectuate Former Section 34 (Crediting of Excess pipe within ±0.01 inch of water column revisions to its tariff approved by the Revenues) of the General Terms and of the manufacturer’s recommended on- Commission by order issued April 17, Conditions (GTC) of Columbia Gulf’s period draft. 1997, as part of a comprehensive FERC Gas Tariff, Second Revised (iii) With the exception of the settlement in Docket Nos. RP95–408, et Volume No. 1, Columbia Gulf was modifications set forth above, Rheem al. (‘‘Settlement’’). Columbia has made required to calculate revenues shall comply in all respects with the test no change to the substantive provisions applicable to Rate Schedules ITS–1 and 34050 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Notices

ITS–2 at the earlier of the end of each a request pursuant to Sections 157.205 authorization pursuant to Section 7 of 12-month period such rates were in and 157.212 of the Commission’s the Natural Gas Act. effect, or as of the date such rates were Regulations under the Natural Gas Act Lois D. Cashell, superseded by subsequent rate (18 CFR 157.205, and 157.212) for Secretary. proceeding. authorization to construct and operate a [FR Doc. 97–16436 Filed 6–23–97; 8:45am] On October 31, 1996, Columbia Gulf new deliver point in Dade County, BILLING CODE 6717±01±M filed a general NGA Section 4(e) rate Florida, under FGT’s blanket authority proceeding in Docket No. RP97–52, issued in Docket No. CP82–553–000 proposing termination of Excess pursuant to Section 7 of the Natural Gas DEPARTMENT OF ENERGY Revenues crediting and deletion of Act, all as more fully set forth in the Section 34 of the GTC. By order dated Federal Energy Regulatory request which is on file with the November 27, 1996, the Commission Commission allowed Columbia Gulf to terminate Commission and open to public [Docket No. RP97±297±001] GTC Section 34 effective May 1, 1997. inspection. See Columbia Gulf Transmission Co., 77 FGT asserts that Florida Transport 82 Florida Gas Transmission Company; FERC ¶ 61,255 (1996). (Florida 82) requested that FGT Notice of Compliance Filing In order to complete the elimination construct a new delivery point, to which of the ITS revenue crediting provision, FGT will transport gas on a self- June 18, 1997. Columbia Gulf must calculate all Excess implemented basis pursuant to Subpart Take notice that on June 13, 1997, Revenues attributable to the period G of Part 284 of the Commission’s Florida Gas Transmission Company November 1, 1995 through April 30, Regulations. FGT proposes to construct, (FGT) tendered for filing certain 1997. Consistent with the former GTC operate and own a new delivery point information related to the recovery of Section 34 and the approved settlement at or near mile post 6.8 on its existing transition costs and proposed refunds of in Columbia Gulf’s last rate case in overcollections to its shippers. 8-inch Rinker Lateral line which will Docket No. RP96–219 (See Stipulation, FGT states that on March 24, 1997, it Art. I, Section E(2)), the revenues include a tap, electronic flow made two filings with respect to its generated were not sufficient to result in measurement equipment, a meter transition cost recovery mechanism set any Excess Revenues for crediting. station, and any other related forth in Section 24 of the General Terms Any person desiring to be heard or to appurtenant facilities necessary for FGT and Conditions of its FERC Gas Tariff, protest said filing should file a motion to deliver gas up to a maximum 500 Third Revised Volume No. 1. to intervene or protest with the Federal MMBTu per day and up to 182,500 Specifically, in Docket No. RP97–297– Energy Regulatory Commission, 888 MMBtu per year to Florida 82. FGT 000, FGT requested waiver of its tariff First Street, N.E., Washington, D.C,. states that the proposed request will not provisions and submitted an out-of- 20426, in accordance with Sections have any impact on FGT’s peak day cycle TCR report (Out-of-Cycle Report) 385.214 and 385.211 of the delivery, however, annual deliveries which reflected actual recoveries Commission’s Rules and Regulations. could be affected, up to 182,500 through February 28, 1997, with All such motions or protests must be MMBtu. projections for the months of March and filed on or before June 25, 1997. Protests April, 1997. The Out-of-Cycle Report FGT states that Florida 82 has elected will be considered by the Commission projected that FGT’s Order 636 Account in determining the appropriate action to to reimburse FGT for the costs and balance would be fully recovered during be taken, but will not serve to make expenses directly or indirectly incurred March, 1997 and that its TCR Account protestants parties to the proceeding. by FGT relating to the proposed balance would be fully recovered during Any person wishing to become a party construction in lieu of customer April, 1997. must file a motion to intervene. A copy ownership. The estimated total cost of Accordingly, in Docket No. RP97– of this report is on file with the the proposed construction is $79,000 296–000, FGT filed tariff sheets to Commission and is available for public and includes federal income tax gross- suspend its TCR and 636 Reservation inspection in the Public Reference up. Charges and TCR Usage Surcharge Room. Any person or the Commission’s staff (Suspension Filing) effective May 1, Lois D. Cashell, may, within 45 days after issuance of 1997. Both filings included the Secretary. the instant notice by the Commission, provisions that FGT would file a supplemental report no later than June [FR Doc. 97–16455 Filed 6–23–97; 8:45 am] file pursuant to Rule 214 of the 15, 1997 to reflect actual recoveries for BILLING CODE 6717±01±M Commission’s Rules of Practice and the months of March and April, 1997 Procedure (18 CFR 385.214) a motion to and to set forth its proposal to refund intervene or notice of intervention and DEPARTMENT OF ENERGY any overcollections that would occur pursuant to Section 157.205 of the during April, 1997. Federal Energy Regulatory Regulations under the Natural Gas Act On April 30, 1997, the Commission Commission (18 CFR 157.205) a protest to the issued an order (‘‘April 30 order’’) request. If no protest is filed within the accepting the tariff sheets filed in the [Docket No. CP97±564±000] time allowed therefor, the proposed Suspension Filing. The April 30 Order activity is deemed to be authorized Florida Gas Transmission Company; also accepted the Out-of-Cycle Report, Notice of Request Under Blanket effective on the day after the time subject to: (1) the filing of the Authorization allowed for filing a protest. If a protest supplemental report described above no is filed and not withdrawn within 30 later than June 15, 1997, and (2) the June 18, 1997. days after the time allowed for filing a outcome of another TCR proceeding in Take notice that on June 9, 1997, protest, the instant request shall be Docket No. RP97–56 currently pending Florida Gas Transmission Company treated as an application for before the Commission. The instant (FGT), 1400 Smith Street, Houston, filing is being made in compliance with Texas 77002, filed in the above docket, the first condition of the April 30 Order. Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Notices 34051

FGT states that its Order 636 Account funding target level set for Kern River by 888 First Street, NE., Washington, DC balance was, in fact, fully recovered GRI. 20426, in accordance with Section during March, 1997 and that its TCR Kern River also states that, in its May 385.211 of the Commission’s rules and Account balance was fully recovered 1997 invoices, it refunded this amount regulations. All such protests must be during April, 1997 with an overrecovery to its eligible firm shippers who filed as provided by Section 154.210 of (including carrying charges) of received nondiscounted service during the Commission’s rules and regulations. $1,315,938.36 resulting as of April 30, 1996. Protests will be considered by the 1997. FGT proposes to allocate this Any person desiring to be heard or Commission in determining the refund obligation on a pro rata basis protest this filing should file a motion appropriate action to be taken, but will based on actual recoveries from FGT’s to intervene or protest with the Federal not serve to make protestants parties to shippers during the month of April, Energy Regulatory Commission, 888 the proceeding. Copies of this filing are 1997, the month in which the First Street, N.E., Washington, D.C. on file with the Commission and are overrecovery occurred, and to make 20426, in accordance with Sections available for public inspection in the such refunds within thirty (30) days of 385.214 and 385.211 of the Public Reference Room. Commission’s Rules and Regulations. a final Commission order accepting this Lois D. Cashell, filing, with carrying charges calculated All such motions or protests must be Secretary. through the refund date. filed on or before June 25, 1997. Protests Florida Gas states that copies of the will be considered by the Commission [FR Doc. 97–16456 Filed 6–23–97; 8:45 am] report were mailed to all customers in determining the appropriate action to BILLING CODE 6717±01±M serviced under the rate schedules be taken, but will not serve to make affected by the report and the interested protestants parties to the proceeding. state commissions. Any person wishing to become a party DEPARTMENT OF ENERGY Any person desiring to protest said must file a motion to intervene. Copies Federal Energy Regulatory filing should file a protest with the of this filing are on file with the Commission Federal Energy Regulatory Commission, Commission and are available for public 888 First Street, NE., Washington, DC inspection in the Public Reference 20426 in accordance with Section Room. [Docket No. ER97±3123±000] 385.211 of the Commission’s Rules and Lois D. Cashell, Regulations. All such protests must be Secretary. Midwest Energy, Inc.; Notice of Filing filed in accordance with Section [FR Doc. 97–16439 Filed 6–23–97; 8:45 am] June 16, 1997. 154.210 of the Commission’s BILLING CODE 6717±01±M Regulations. Protests will be considered Take notice that on May 30, 1997, by the Commission in determining the Midwest Energy, Inc. (Midwest) appropriate action to be taken, but will DEPARTMENT OF ENERGY tendered for filing with the Federal not serve to make protestants parties to Energy Regulatory Commission the the proceeding. Copies of this filing are Federal Energy Regulatory Service Agreement for Non-Firm Point- on file with the Commission and are Commission to-Point Transmission Service entered available for public inspection in the [Docket No. RP97±364±001] into between Midwest and Aquila Public Reference Room. Power Corporation. Lois D. Cashell, Koch Gateway Pipeline Company; Midwest states that it is serving Secretary. Notice of Compliance Filing copies of the instant filing to its customers, State Commissions and other [FR Doc. 97–16447 Filed 6–23–97; 8:45 am] June 18, 1997. interested parties. BILLING CODE 6717±01±M Take notice that on June 13, 1997, Koch Gateway Pipeline Company Any person desiring to be heard or to (Koch) tendered for filing as part of its protest said filing should file a motion DEPARTMENT OF ENERGY FERC Gas Tariff, First Volume No. 1, the to intervene or protest with the Federal Federal Energy Regulatory following tariff sheets, to become Energy Regulatory Commission, 888 Commission effective June 1, 1997: First Street NE., Washington, DC 20426, Third Revised Sheet No. 802 in accordance with Rules 211 and 214 [Docket No. GT97±32±000] Third Revised Sheet No. 804 of the Commission’s Rules of Practice Fifth Revised Sheet No. 1801 and Procedure (18 CFR 385.211 and 18 Kern River Gas Transmission Co.; Fourth Revised Sheet No. 1802 CFR 385.214). All such motions or Notice of Refund Report Fourth Revised Sheet No. 1804 protests should be filed on or before Substitute Third Revised Sheet No. 4102 June 30, 1997. Protests will be June 18, 1997. First Revised Sheet No. 4202 considered by the Commission in Take notice that on June 13, 1997, Substitute Third Revised Sheet No. 4302 determining the appropriate action to be Kern River Gas Transmission (Kern Substitute Third Revised Sheet No. 4402 Substitute Second Revised Sheet No. 4502 taken, but will not serve to make the River) tendered for filing with the protestants parties to the proceeding. Commission a refund report in Koch asserts that the purpose of this Any person wishing to become a party compliance with the Commission’s filing is to comply with the Office of must file a motion to intervene. Copies February 12, 1995 Order Approving Pipeline Regulation’s Letter Order of this filing are on file with the Refund Methodology for 1994 issued May 29, 1997, in Docket No. Commission and are available for public Overcollections in Docket No. RP95– RP97–364–000. Koch has made minor inspection. 124–000 (70 FERC ¶61,205). changes and clarifications to its tariff Lois D. Cashell, Kern River states that on May 30, that the Commission has requested. 1997, it received a $965,893 refund from Any person desiring to protest this Secretary. the Gas Research Institute (GRI) for the filing should file a protest with the [FR Doc. 97–16542 Filed 6–23–97; 8:45 am] overcollection of the 1996 GRI Tier 1 Federal Energy Regulatory Commission, BILLING CODE 6717±01±M 34052 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Notices

DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY

Federal Energy Regulatory Federal Energy Regulatory Federal Energy Regulatory Commission Commission Commission

[Docket No. RP97±361±001] [Docket No. RP97±315±001] [Docket No. RP97±357±001]

Mobile Bay Pipeline Company; Notice Northwest Pipeline Corporation; Notice Ozark Gas Transmission System; of Compliance Filing of Compliance Filing Notice of Proposed Changes in FERC Gas Tariff June 18, 1997. June 18, 1997. June 18, 1997. Take notice that on June 13, 1997, Take notice that on June 13, 1997, Mobile Bay Pipeline Company (Mobile Northwest Pipeline Corporation Take notice that on June 13, 1997, Bay) tendered for filing as part of its (Northwest) tendered for filing as part of Ozark Gas Transmission System (Ozark) FERC Gas Tariff, First Revised Volume its FERC Gas Tariff, Third Revised tendered for filing as part of its FERC No. 1, the tariff sheets listed below, to Volume No. 1, the following tariff Gas Tariff, First Revised Volume No. 1, the following tariff sheets to become become effective June 1, 1997: sheets, to become effective June 1, 1997: effective November 1, 1997: Second Revised Sheet No. 81 Sub Eleventh Revised Sheet No. 5 Substitute Third Revised Sheet No. 1 Second Revised Sheet No. 82 Sub Fifth Revised Sheet No. 6 Substitute Third Revised Sheet No. 35 Second Revised Sheet No. 129 Sub Sixth Revised Sheet No. 7 Substitute Third Revised Sheet No. 39 Second Revised Sheet No. 130 Sub Tenth Revised Sheet No. 8 Substitute Second Revised Sheet No. 40 Second Revised Sheet No. 132 Sub Fifth Revised Sheet No. 8.1 Substitute Original Sheet No. 159 Substitute First Revised Sheet No. 134 Sub Original Sheet No. 202–C Substitute Original Sheet No. 160 Third Revised Sheet No. 135 Sub Original Sheet No. 232–H Substitute Original Sheet No. 161 First Revised Sheet No. 208 Sub Original Sheet No. 232–J First Revised Sheet No. 162 Second Revised Sheet No. 351 Substitute Original Sheet No. 163 Second Revised Sheet No. 359 Northwest states that this filing is Substitute Original Sheet No. 164 submitted in compliance with the Substitute Original Sheet No. 165 Mobile Bay asserts that the purpose of Commission’s May 29, 1997 Order in Substitute Original Sheet No. 166 this filing is to comply with the Office Docket No. RP97–315 (79 FERC Substitute Original Sheet No. 167 of Pipeline Regulation’s Letter Order ¶ 61,259). Northwest states that it has Substitute Original Sheet No. 168 issued May 29, 1997, in Docket No. Substitute Original Sheet No. 169 made revisions to its pooling service First Revised Sheet No. 170 RP97–361–000. Mobile Bay has provisions and that it has clarified that Substitute Original Sheet No. 171 incorporated provisions for an daily rates are computed on the basis of Substitute Original Sheet No. 172 AutoComfirm agreement with its 365 days per year, except that rates for shippers; the remainder of the sheets leap years are computed on the basis of Ozark states that the revised tariff contain minor clarifications and 366 days. sheets remove the provision allowing pagination changes. Ozark to be reimbursed by the pooling Northwest further states that a copy of and title transfer customers for all fees Any person desiring to protest this this filing has been served upon all in seeking governmental authorization filing should file a protest with the intervenors in Docket No. RP97–315. for service under Rate Schedules SPS, Federal Energy Regulatory Commission, Any person desiring to protest this DPS and TTS, in accordance with the 888 First Street, NE., Washington, DC filing should file a protest with the Commission’s letter order issued May 20426, in accordance with Section Federal Energy Regulatory Commission, 29, 1997 in the above-referenced docket. 385.211 of the Commission’s rules and 888 First Street, NE., Washington, DC Ozark’s filing also changes the effective regulations. All such protests must be 20426, in accordance with Section dates of the revised and substitute tariff filed as provided by Section 154.210 of 385.211 of the Commission’s Rules and sheets to November 1, 1997, in the Commission’s Regulations. Protests Regulations. All such protests must be accordance with the Commission’s May will be considered by the Commission filed as provided in Section 154.210 of 30, 1997 order in Docket No. RP97–179. in determining the appropriate action to the Commission’s Regulations. Protests Ozark states that copies of this filing be taken, but will not serve to make will be considered by the Commission are being served on all parties to this protestants parties to the proceeding. in determining the appropriate action to proceeding. Copies of this filing are on file with the be taken, but will not serve to make Commission and are available for public Any person desiring to protest this protestants parties to the proceeding. filing should file a protest with the inspection in the Public Reference Copies of this filing are on file with the Federal Energy Regulatory Commission, Room. Commission and are available for public 888 First Street, N.E., Washington, D.C. Lois D. Cashell, inspection in the Public Reference 20426, in accordance with Section Secretary. Room. 385.211 of the Commission’s Rules and [FR Doc. 97–16454 Filed 6–23–97; 8:45 am] Lois D. Cashell, Regulations. All such protests must be BILLING CODE 6717±01±M Secretary. filed in accordance with Section 154.210 of the Commission’s [FR Doc. 97–16448 Filed 6–23–97; 8:45 am] Regulations. Protests will be considered BILLING CODE 6717±01±M by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Copies of this filing are on file with the Commission and are Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Notices 34053 available for public inspection in the DEPARTMENT OF ENERGY wholesale power sales to the City of Public Reference Room. Blountstown, Florida for a term in Lois D. Cashell, Federal Energy Regulatory excess of one (1) year. Secretary. Commission Any person desiring to be heard or to [FR Doc. 97–16452 Filed 6–23–97; 8:45 am] [Docket No. ER97±3083±000] protest said filing should file a motion to intervene or protest with the Federal BILLING CODE 6717±01±M South Carolina Electric & Gas Energy Regulatory Commission, 888 Company; Notice of Filing First Street, NE., Washington, DC 20426, DEPARTMENT OF ENERGY in accordance with Rules 211 and 214 June 17, 1997. of the Commission’s Rules of Practice Federal Energy Regulatory Take notice that on May 27, 1997, and Procedure (18 CFR 385.211 and 18 Commission South Carolina Electric & Gas Company CFR 385.214). All such motions or (SCE&G) submitted a service agreement protests should be filed on or before [Docket No. GT97±33±000] establishing North Carolina Electric June 30, 1997. Protests will be Membership Corporation (NCEMC) as a considered by the Commission in Questar Pipeline Company; Notice of customer under the terms of SCE&G’s Refund Report determining the appropriate action to be Negotiated Market Sales Tariff. taken, but will not serve to make June 18, 1997. SCE&G requests an effective date of protestants parties to the proceeding. Take notice that on June 16, 1997, one day subsequent to the filing of the Any person wishing to become a party Questar Pipeline Company (Questar ) service agreement. Accordingly, SCE&G must file a motion to intervene. Copies tendered for filing with the Federal requests waiver of the Commission’s of this filing are on file with the Energy Regulatory Commission a Gas notice requirements. Copies of this Commission and are available for public Research Institute (GRI) Tier 1 Refund filing were served upon NCEMC and the inspection. Report in compliance with the South Carolina Public Service Lois D. Cashell, Commission’s February 22, 1995 Order Commission. Secretary. Any person desiring to be heard or to Approving Refund Methodology for [FR Doc. 97–16540 Filed 6–23–97; 8:45 am] protest said filing should file a motion 1994 Overcollection, in Docket No. to intervene or protest with the Federal BILLING CODE 6717±01±M RP95–124–000 (February 22 Order). Questar states that on June 2, 1997, it Energy Regulatory Commission, 888 received a $387,267 refund from GRI, First Street, N.E., Washington, D.C. DEPARTMENT OF ENERGY representing an overcollection of the 20426, in accordance with Rules 211 1996 GRI Tier 1 funding target level set and 214 of the Commission’s Rules of Federal Energy Regulatory for Questar by GRI. On June 13, 1997, Practice and Procedure (18 CFR 385.211 Commission and 18 CFR 385.214). All such motions in compliance with the February 22 [Docket No. ER97±3120±000] Order, Questar states that it sent the GRI or protests should be filed on or before Tier 1 refund, pro rata, to its eligible June 27, 1997. Protests will be Southern Company Services, Inc.; firm customers who received considered by the Commission in Notice of Filing transportation service during 1996. determining the appropriate action to be Questar further states that in taken, but will not serve to make June 16, 1997. compliance with the February 22 Order protestants parties to the proceeding. Take notice that on May 30, 1997, the GRI refund was exclusive of interest. Any person wishing to become a party Southern Company Services, Inc. (SCS), Questar further states that a copy of must file a motion to intervene. Copies acting on behalf of Alabama Power the refund report has been served upon of this filing are on file with the Company, Georgia Power Company, its eligible transportation customers Commission and are available for public Gulf Power Company, Mississippi who received a refund and the Public inspection. Power Company, and Savannah Electric and Power Company (collectively Service Commission of Utah and the Lois D. Cashell, referred to as Southern Companies) filed Wyoming Public Service Commission. Secretary. Any person desiring to be heard or to [FR Doc. 97–16543 Filed 6–23–97; 8:45 am] a service agreement for network integration transmission service protest said filing should file a motion BILLING CODE 6717±01±M between SCS, as agent for Southern to intervene or protest with the Federal Companies, and Southern Wholesale Energy Regulatory Commission, 888 Energy, a Department of SCS, as agent First Street, N.E., Washington, D.C. DEPARTMENT OF ENERGY for Gulf Power Company, under Part III 20426, in accordance with Sections Federal Energy Regulatory of the Open Access Transmission Tariff 385.211 and 385.214 of the Commission of Southern Companies. Commission’s Rules of Practice and Any person desiring to be heard or to Procedure. All such motions or protests [Docket No. ER97±3119±000] protest such filing should file a motion should be filed on or before June 25, to intervene or protest with the Federal 1997. Protests will be considered by the Southern Company Services, Inc., Notice of Filing Energy Regulatory Commission, 888 Commission in determining the First Street, N.E., Washington, D.C. appropriate action to be taken, but will June 16, 1997. 20426, in accordance with Rules 211 not serve to make protestants parties to Take notice that on May 30, 1997, and 214 of the Commission’s Rules of the proceeding. Copies of this filing are Southern Company Services, Inc., acting Practice and Procedure (18 CFR 385.211 on file with the Commission and are on behalf of Gulf Power Company filed and 18 CFR 385.214). All such motions available for public inspection. a Service Agreement by and among or protests should be filed on or before Lois D. Cashell, itself, as agent for Gulf Power Company, June 30, 1997. Protests will be Secretary. Gulf Power Company and the City of considered by the Commission to [FR Doc. 97–16442 Filed 6–23–97; 8:45 am] Blountstown, Florida, pursuant to determining the appropriate action to be BILLING CODE 6717±01±M which Gulf Power Company will make taken, but will not serve to make 34054 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Notices protestants parties to the proceedings. inspection in the Public Reference available for public inspection in the Any person wishing to become a party Room. Public Reference Room. must file a motion to intervene. Copies Lois D. Cashell, Lois D. Cashell, of this filing are on file with the Secretary. Secretary. Commission and are available for public [FR Doc. 97–16453 Filed 6–23–97; 8:45 am] [FR Doc. 97–16450 Filed 6–23–97; 8:45 am] inspection. BILLING CODE 6717±01±M BILLING CODE 6717±01±M Lois D. Cashell, Secretary. [FR Doc. 97–16541 Filed 6–23–97; 8:45 am] DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY BILLING CODE 6717±01±M Federal Energy Regulatory Federal Energy Regulatory Commission Commission DEPARTMENT OF ENERGY [Docket No. RP97±164±003] [Docket No. RP97±344±001] Federal Energy Regulatory Texas-Ohio Pipeline, Inc.; Notice of Commission Texas Gas Transmission Corporation; Compliance Filing Notice of Proposed Changes in FERC June 18, 1997. [Docket No. RP97±359±001] Gas Tariff Take notice that on June 13, 1997, Texas Eastern Transmission June 18, 1997. Texas-Ohio Pipeline, Inc. (Texas-Ohio), Corporation; Notice of Compliance Take notice that on June 13, 1997, tendered for filing to become part of its Filing Texas Gas Transmission Corporation FERC Gas Tariff, Original Volume No. 1, (Texas Gas) tendered for filing to the substitute revised tariff sheets listed June 18, 1997. become part of its FERC Gas Tariff, First in Appendix A to the filing, to be Take notice that on June 13, 1997, Revised Volume No. 1, and Original effective June 1, 1997. Texas Eastern Transmission Corporation Volume No. 2, the following revised Texas-Ohio states that the purpose of (Texas Eastern) tendered for filing tariff sheets to become effective June 1, this filing is to comply with the additional information regarding Texas 1997: Commission Letter Order dated May 29, 1997 issued in this proceeding. Eastern’s proposed net present value FERC Gas Tariff, First Revised Volume No. 1 (NPV) capacity allocation methodology Texas-Ohio further states that copies filed in Docket No. RP97–359–000 on Substitute Twenty-second Revised Sheet No. of this filing have been served on Texas- 10 May 1, 1997. Ohio’s historic customers and public Substitute Fifth Revised Sheet No. 10A bodies. Texas Eastern asserts that the purpose Substitute Nineteenth Revised Sheet No. 11 Any person desiring to protest this of this filing is to comply with the Substitute Sixth Revised Sheet No. 11B filing should file a protest with the Commission’s ‘‘Order Accepting and Substitute Twenty-third Revised Sheet No. Federal Energy Regulatory Commission, Suspending Tariff Sheets Subject to 12 888 First Street, N.E., Washington, D.C. Refund and conditions,’’ issued May 29, Substitute Sixth Revised Sheet No. 15 20426, in accordance with Section 1997 in docket No. RP97–359–000. Substitute Seventh Revised Sheet No. 16 385.211 of the Commission’s Texas Eastern states that it proposes to Substitute Sixth Revised Sheet No. 17 Regulations. All such protests must be modify its proposal as reflected in pro FPC Gas Tariff, Original Volume No. 2 filed as provided in Section 154.210 of forma tariff sheets attached to the filing. Substitute Twenty-fourth Revised Sheet No. the Commission’s Regulations. Protests Texas Eastern requests that upon 1005 will be considered by the Commission consideration of the additional Texas Gas states that the filing is in in determining the appropriate action to information the Commission rule that compliance with the Commission’s May be taken, but will not serve to make the proposed tariff sheets, as modified, 29, 1997, Order in the instant docket protestants parties to the proceeding. may be placed into effect without which directs Texas Gas to file revenue Copies of this filing are on file with the refund condition. and throughput projections and cost Commission and are available for public Texas Eastern states that copies of this allocations for proposed new Rate inspection in the Public Reference filing were served on firm customers of Schedules PAL and EFT. Room. Texas Eastern, interested State Texas Gas states that copies of the Lois D. Cashell, commissions, current interruptible revised tariff sheets are being mailed to Secretary. customers and all parties on the service all parties listed on the official service list. list in Docket No. RP97–344. [FR Doc. 97–16446 Filed 6–23–97; 8:45 am] Any person desiring to protest this Any person desiring to protest said BILLING CODE 6717±01±M filing should file a protest with the filing should file a protest with the Federal Energy Regulatory Commission, Federal Energy Regulatory Commission, DEPARTMENT OF ENERGY 888 First Street NE., Washington, DC 88 First Street, NE., Washington, DC 20426, in accordance with Section 20426, in accordance with Section Federal Energy Regulatory 385.211 of the Commission’s Rules and 385.211 of the Commission’s Rules and Commission Regulations. All such protests must be Regulations. All such protests must be filed as provided in Section 154.210 of filed in accordance with Section [Docket No. RP97±341±001] the Commission’s Regulations. Protests 154.210 of the Commission’s Transcontinental Gas Pipe Line will be considered by the Commission Regulations. Protests will be considered Corporation; Notice of Proposed in determining the appropriate action to by the Commission in determining the Changes in FERC Gas Tariff be taken, but will not serve to make appropriate action to be taken, but will protestants parties to the proceeding. not serve to make protestants parties to June 18, 1997. Copies of this filing are on file with the the proceeding. Copies of this filing are Take notice on June 13, 1997, Commission and are available for public on file with the Commission and are Transcontinental Gas Pipe Line Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Notices 34055

Corporation (Transco) tendered for revised tariff sheets listed on Appendix Williams states further that this filing to become part of its FERC Gas A to the filing, to be effective June 1, change is not prohibited by an existing Tariff, Third Revised Volume No. 1, the 1997. tariff and that it has sufficient capacity tariff sheets listed below. These tariff WGI states the tariff sheets are filed in to accomplish the deliveries specified sheets are proposed to be effective June compliance with Order No. 587 and the without detriment or disadvantage to its 1, 1997 and August 1, 1997, order issued May 29, 1997 in Docket No. other customers. respectively. RP97–163–001. Any person or the Commission’s staff may, within 45 days after issuance of Substitute Sixth Revised Sheet No. 336 WGI further states that copies of this Pro Forma Sub 7th Revised Sheet No. 336 filing have been served on WGI’s the instant notice by the Commission, jurisdictional customers and public file pursuant to Rule 214 of the Transco states that the purpose of the bodies. Commission’s Procedural Rules (18 CFR instant filing is to comply with the Any person desiring to protest this 385.214) a motion to intervene or notice Commission’s order issued May 29, filing should file a protest with the of intervention and pursuant to Section 1997 in the referenced docket (May 29, Federal Energy Regulatory Commission, 157.205 of the Regulations under the Order). The May 29 Order accepted 888 First Street, N.E., Washington, D.C. Natural Gas Act (18 CFR 157.205) a certain tariff sheets to be effective June 20426, in accordance with Section protest to the request. If not protest is 1, 1997 and directed Transco to file, 385.211 of the Commission’s filed within the time allowed therefor, within 15 days of such order, revised Regulations. All such protests must be the proposed activity shall be deemed to tariff sheets to provide a fall-back filed as provided in Section 154.210 of be authorized effective the day after the provision in Transco’s tariff in the event the Commission’s Regulations. Protests time allowed for filing a protest. If a of the failure of electronic will be considered by the Commission protest is filed and not withdrawn communication equipment. In in determining the appropriate action to within 30 days after the time allowed compliance with the Commission’s May be taken, but will not serve to make for filing a protest, the instant request 29 Order, Transco states it has revised protestants parties to the proceeding. shall be treated as an application for Section 28.1 of its General Terms and Copies of this filing are on file with the authorization pursuant to Section 7 of Conditions to allow for written Commission and are available for public the Natural Gas Act. nominations in the event of a failure of inspection in the Public Reference Lois D. Cashell, electronic communication equipment. Secretary. Transco states that it is serving copies Room. [FR Doc. 97–16437 Filed 6–23–97; 8:45 am] of the instant filing to customers, State Lois D. Cashell, Commissions and other interested Secretary. BILLING CODE 6717±01±M parties. [FR Doc. 97–16445 Filed 6–23–97; 8:45 am] Any person desiring to protest said BILLING CODE 6717±01±M DEPARTMENT OF ENERGY filing should file a protest with the Federal Energy Regulatory Commission, Federal Energy Regulatory 888 First Street NE., Washington, DC DEPARTMENT OF ENERGY Commission 20426, in accordance with Section 385.211 of the Commission’s Rules and Federal Energy Regulatory [Docket No. CP97±577±000] Commission Regulations. All such protests must be Williams Natural Gas Company; Notice filed as provided in Section 154.210 of [Docket No. CP97±571±000] of Request Under Blanket the Commission’s Regulations. Protests Authorization will be considered by the Commission Williams Natural Gas Company; Notice in determining the appropriate action to of Request Under Blanket June 18, 1997. be taken, but will not serve to make the Authorization Take notice that on June 12, 1997, protestants parties to the proceeding. Williams Natural Gas Company (WNG), Copies of this filing are on file with the June 18, 1997. P.O. Box 3288, Tulsa, Oklahoma 74101, Commission and are available for public Take notice that on June 11, 1971, filed in Docket No. CP97–577–000 a inspection in the Public Reference Williams Natural Gas Company request pursuant to Sections 157.205 Room. (Williams), P.O. Box 3288, Tulsa, and 157.216 of the Commission’s Lois D. Cashell, Oklahoma 74101, filed in Docket No. Regulations under the Natural Gas Act Secretary. CP97–571–000 a request pursuant to (18 CFR 157.205, 157.216) for [FR Doc. 97–16449 Filed 6–23–97; 8:45 am] Section 157.205 of the Commission’s authorization to abandon by reclaim Regulations under the Natural Gas Act BILLING CODE 6717±01±M facilities originally installed for the (18 CFR 157.205) for authorization to receipt of transportation gas from relocate and replace the Geneseo town PetroCorp, Inc. (PetroCorp) and Western DEPARTMENT OF ENERGY border meter setting and appurtenant Gas Resources, Inc. (WGR) in Alfalfa facilities, located in Ellsworth County, County, Oklahoma, and from Anadarko Federal Energy Regulatory Kansas, under William’s blanket Petroleum Corporation (Anadarko) in Commission certificate issued in Docket No. CP82– Garvin County, Oklahoma, under 479–000 pursuant to Section 7 of the WNG’s blanket certificate issued in [Docket No. RP97±163±003] Natural Gas Act, all as more fully set Docket No. CP82–479–000 pursuant to WestGas InterState Inc.; Notice of forth in the request which is on file with Section 7 of the Natural Gas Act, all as Proposed Changes in FERC Gas Tariff the Commission and open to public more fully set forth in the request that inspection. is on file with the Commission and open June 18, 1997. Williams states that the projected to public inspection. Take notice that on June 13, 1997. volume of delivery through the WNG states that PetroCorp, WGR and WestGas InterState, Inc. (WGI), tendered relocated facilities would remain Anadarko have all agreed to the reclaim for filing to become part of its FERC Gas unchanged. It is said that the total of the facilities. The total cost to reclaim Tariff First Revised Volume No. 1, the project cost is estimated to be $24,998. the facilities is estimated to be 34056 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Notices approximately $9,312. WNG does not Copies of the filing are on file with the DEPARTMENT OF ENERGY consider any of these reclaimed Commission and are available for public facilities as operating units. inspection. Federal Energy Regulatory Any person or the Commission’s staff Lois D. Cashell, Commission may, within 45 days after issuance of Secretary. the instant notice by the Commission, [Docket No. ER97±1068±001, et al.] file pursuant to Rule 214 of the [FR Doc. 97–16444 Filed 6–23–97; 8:45 am] Commission’s Procedural Rules (18 CFR BILLING CODE 6717±01±M Commonwealth Electric Co., et al.; 385.214) a motion to intervene or notice Electric Rate and Corporate Regulation of intervention and pursuant to Section Filings 157.205 of the Regulations under the DEPARTMENT OF ENERGY Natural Gas Act (18 CFR 157.205) a June 16, 1997. protest to the request. If no protest is Federal Energy Regulatory Take notice that the following filings filed within the time allowed therefor, Commission have been made with the Commission: the proposed activity shall be deemed to 1. Commonwealth Electric Company be authorized effective the day after the [Docket No. RP97±352±002] time allowed for filing a protest. If a [Docket No. ER97–1068–001] protest is filed and not withdrawn Williston Basin Interstate Pipeline Take notice that on March 30, 1997, within 30 days after the time allowed Company; Notice of Compliance Filing Commonwealth Electric Company for filing a protest, the instant request tendered for filing its compliance filing shall be treated as an application for June 18, 1997. in the above-referenced docket. authorization pursuant to Section 7 of Take notice that on June 13, 1997, Comment date: June 30, 1997, in the Natural Gas Act. Williston Basin Interstate Pipeline accordance with Standard Paragraph E Lois D. Cashell, Company (Williston Basin) tendered for at the end of this notice. Secretary. filing as part of its FERC Gas Tariff, 2. Southwestern Public Service [FR Doc. 97–16438 Filed 6–23–97; 8:45 am] Second Revised Volume No. 1, the Company BILLING CODE 6717±01±M following revised tariff sheets to become effective June 1, 1997: [Docket No. ER97–2111–000] Take notice that on May 1, 1997, DEPARTMENT OF ENERGY Substitute Second Revised Sheet No. 505 Southwestern Public Service Company Substitute Third Revised Sheet No. 555 tendered for filing an amendment in the Substitute Second Revised Sheet No. 605 Federal Energy Regulatory above-referenced docket. Commission Williston Basin states that the revised Comment date: June 30, 1997, in [Docket No. RP97±148±003] tariff sheets reflect the removal of accordance with Standard Paragraph E certain tariff language in compliance at the end of this notice. Williston Basin Interstate Pipeline with the Commission’s ‘‘Order Company; Notice of Compliance Filing 3. Illinois Power Company Accepting Tariff Sheets Subject to [Docket No. ER97–2674–000] June 18, 1997. Conditions, and Rejecting Other Tariff Take notice that on June 13, 1997, Sheets’’ issued May 29, 1997 in Docket Take notice that on May 29, 1997, Williston Basin Interstate Pipeline No. RP97–148–002. Illinois Power Company (Illinois Company (Williston Basin), tendered for Power), 500 South 27th Street, Decatur, Any person desiring to protect said Illinois 62526, tendered for filing an filing as part of its FERC Gas Tariff, filing should file a protest with the Second Revised Volume No. 1, the amendment to its Power Sales Tariff. Federal Energy Regulatory Commission, Illinois Power has requested an revised tariff sheets listed on Appendix 888 First Street N.E., Washington, D.C. A to the filing, to become effective June effective date of May 29, 1997. 20426, in accordance with Section 1, 1997. Comment date: June 30, 1997, in Williston Basin states that the revised 385.211 of the Commission’s Rules of accordance with Standard Paragraph E tariff sheets reflect modifications to Practice and Procedure. All such at the end of this notice. protests must be filed in accordance Williston Basin’s FERC Gas Tariff in 4. The Alternative Current Power with Section 154.210 of the compliance with the Commission’s Group ‘‘Order Accepting Tariff Sheets Subject Commission’s Regulations. Protests will to Conditions, and Rejecting Other be considered by the Commission in [Docket No. ER97–2867–000] Tariff Sheets’’ issued May 29, 1997 in determining the appropriate action to be Take notice that on June 2, 1997, The Docket No. RP97–148–002. taken, but will not serve to make the Alternative Current Power Group Any person desiring to protest said protestants parties to the proceeding. tendered for filing an amendment in the filing should file a protest with the Copies of the filing are on file with the above-referenced docket. Federal Energy Regulatory Commission, Commission and are available for public Comment date: June 30, 1997, in 888 First Street, NE., Washington, DC inspection. accordance with Standard Paragraph E at the end of this notice. 20426, in accordance with Section Lois D. Cashell, 385.211 of the Commission’s Rules of Secretary. 5. Zond Minnesota Development Corp. Practice and Procedure. All such II protests must be filed in accordance [FR Doc. 97–16451 Filed 6–23–97; 8:45 am] with Section 154.210 of the BILLING CODE 6717±01±M [Docket No. ER97–2904–000] Commission’s Regulations. Protests will Take notice that on May 30, 1997, be considered by the Commission in Zond Minnesota Development Corp. II determining the appropriate action to be tendered for filing a notice of taken, but will not serve to make the withdrawal of its request for privileged protestants parties to the proceeding. treatment in its initial filing. Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Notices 34057

Comment date: June 30, 1997, in No. RM95–8–000 and RM94–7–001. Services Corporation, and the Public accordance with Standard Paragraph E CHG&E also has requested waiver of the Utilities Commission of Ohio. at the end of this notice. 60-day notice provision pursuant to 18 Comment date: June 30, 1997, in CFR 35.11. accordance with Standard Paragraph E 6. Central Hudson Gas & Electric A copy of this filing has been served at the end of this notice. Corporation on the Public Service Commission of the 12. Northern States Power Company [Docket No. ER97–2963–000] State of New York. (Minnesota Company) Take notice that Central Hudson Gas Comment date: June 30, 1997, in & Electric Corporation (CHG&E), on May accordance with Standard Paragraph E [Docket No. ER97–3103–000] 9, 1997, tendered for filing a Service at the end of this notice. Take notice that on May 29, 1997, Agreement between CHG&E and 9. South Carolina Electric & Gas Northern States Power Company Pennsylvania Power & Light Company. Company (Minnesota) (NSP), tendered for filing The terms and conditions of service two Firm Point-to-Point Transmission under this Agreement are made [Docket No. ER97–3084–000] Service Agreements between NSP and pursuant to CHG&E’s FERC Open Take notice that on May 27, 1997, New Ulm Public Utilities Commission. Access Schedule, Original Volume No. South Carolina Electric & Gas Company NSP requests that the Commission 1 (Transmission Tariff) filed in (SCE&G) submitted a service agreement accept the agreement effective May 1, compliance with the Commission’s establishing Southern Company 1997, and requests waiver of the Order No. 888 in Docket No. RM95–8– Services, Inc. (SCS) as a customer under Commission’s notice requirements in 000 and RM94–7–001. CHG&E also has the terms of SCE&G’s Open Access order for the agreement to be accepted requested waiver of the 60-day notice Transmission Tariff. for filing on the date requested. provision pursuant to 18 CFR 35.11. SCE&G requests an effective date of Comment date: June 30, 1997, in A copy of this filing has been served one day subsequent to the filing of the accordance with Standard Paragraph E on the Public Service Commission of the service agreement. Accordingly, SCE&G at the end of this notice. State of New York. requests waiver of the Commission’s 13. Northern States Power Company Comment date: June 30, 1997, in notice requirements. Copies of this (Minnesota Company) accordance with Standard Paragraph E filing were served upon SCS and the at the end of this notice. South Carolina Public Service [Docket No. ER97–3102–000] Commission. 7. Central Hudson Gas & Electric Take notice that on May 29, 1997, Comment date: June 27, 1997, in Corporation Northern States Power Company accordance with Standard Paragraph E (Minnesota) (NSP), tendered for filing a [Docket No. ER97–2964–000] at the end of this notice. Firm Point-to-Point Transmission Take notice that Central Hudson Gas 10. Arizona Public Service Company Service Agreement between NSP and & Electric Corporation (CHG&E), on May Sleepy Eye Public Utilities Commission. 9, 1997, tendered for filing a Service [Docket No. ER97–3100–000] NSP requests that the Commission Agreement between CHG&E and Engage Take notice that on May 29, 1997, accept the agreement effective May 1, Energy US, L.P. The terms and Arizona Public Service Company (APS), 1997, and requests waiver of the conditions of service under this tendered for filing Service Agreement to Commission’s notice requirements in Agreement are made pursuant to provide Non-Firm Point-to-Point order for the agreements to be accepted CHG&E’s FERC Open Access Schedule, Transmission Service under APS Open for filing on the date requested. Original Volume No. 1 (Transmission Access Transmission Tariff with Vastar Comment date: June 30, 1997, in Tariff) filed in compliance with the Power Marketing, Inc. (Vastar). accordance with Standard Paragraph E Commission’s Order No. 888 in Docket A copy of this filing has been served at the end of this notice. No. RM95–8–000 and RM94–7–001. on Vastar and the Arizona Corporation 14. Golden Spread Electric Coop., Inc. CHG&E also has requested waiver of the Commission. 60-day notice provision pursuant to 18 Comment date: June 30, 1997, in [Docket No. ER97–3104–000] CFR 35.11. accordance with Standard Paragraph E Take notice that on May 29, 1997, A copy of this filing has been served at the end of this notice. Golden Spread Electric Cooperative, Inc. on the Public Service Commission of the 11. The Dayton Power and Light (Golden Spread), tendered for filing State of New York. Company proposed changes in its FERC Rate Comment date: June 30, 1997, in Schedules. Golden Spread is filing accordance with Standard Paragraph E [Docket No. ER97–3101–000] Revised Rate Schedules to amend the at the end of this notice. Take notice that on May 29, 1997, The commitment levels of various delivery 8. Central Hudson Gas & Electric Dayton Power and Light Company points and to add a new delivery point Corporation (Dayton) submitted service agreements to the list of existing delivery points at establishing Sonat Power Marketing which Golden Spread currently [Docket No. ER97–2965–000] L.P., the Detroit Edison Company, provides full requirements service to Take notice that Central Hudson Gas MidCon Power Services Corporation as South Plains Electric Cooperative, Inc. & Electric Corporation (CHG&E), on May customers under the terms of Dayton’s (South Plains). 9, 1997, tendered for filing a Service Open Access Transmission Tariff. South Plains has requested and Agreement between CHG&E and Dayton requests an effective date of Golden Spread has agreed to provide, PacifiCorp Power Marketing, Inc. The one day subsequent to this filing for the service to the new delivery point in terms and conditions of service under service agreements. Accordingly, order that South Plains may better serve this Agreement are made pursuant to Dayton requests waiver of the its customers’ needs. Had the new CHG&E’s FERC Open Access Schedule, Commission’s notice requirements. delivery point not been added, South Original Volume No. 1 (Transmission Copies of this filing were served upon Plains would have had to serve the Tariff) filed in compliance with the Sonat Power Marketing L.P., The Detroit loads off existing delivery points at Commission’s Order No. 888 in Docket Edison Company, MidCon Power greater expense and with greater losses. 34058 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Notices

Copies of the filing were served upon 17. Cleveland Electric Illuminating 20. CL Power Sales Eight, L.L.C. the Public Utility Commission of Texas, Company and The Toledo Edison [Docket No. ER97–3112–000] Southwestern Public Service Company, Company Take notice that on May 29, 1997, and South Plains Electric Cooperative, [Docket No. ER97–3107–000] pursuant to 18 CFR 35.15(a), CL Power Inc. Sales Eight, L.L.C. (CL Eight) filed a Take notice that on May 29, 1997, the Comment date: June 30, 1997, in notice of cancellation of the Amended accordance with Standard Paragraph E Centerior Service Company as Agent for and Restated Power Purchase at the end of this notice. The Cleveland Electric Illuminating Agreement (PPA) between Northeast Company and The Toledo Edison # 15. The Dayton Power and Light Empire Limited Partnership 2 Company filed Service Agreements to # Company (NELP 2) and Central Maine Power provide Non-Firm Point-to-Point Company. On May 27, 1997, NELP#2 [Docket No. ER97–3105–000] Transmission Service for PECO Energy filed with the Commission an Take notice that on May 29, 1997, The Company—Power Team, the application pursuant to Section 203 of Dayton Power and Light Company Transmission Customer. Services are the Federal Power Act asking the (Dayton) submitted service agreements being provided under the Centerior Commission to approve the transfer of establishing The Detroit Edison Open Access Transmission Tariff the PPA from NELP#2 to CL Eight. CL Company, PacifiCorp Power Marketing, submitted for filing by the Federal Eight asks that the cancellation be made Inc., The Utility-Trade Corp. as a Energy Regulatory Commission in effective June 25, 1997 (or the date customer under the terms of Dayton’s Docket No. OA96–204–000. The thereafter upon which the PPA is Market-Based Sales Tariff. proposed effective date under the transferred to CL Eight). Service Agreement is April 30, 1997. Dayton requests an effective date of Comment date: June 30, 1997, in one day subsequent to this filing for the Comment date: June 30, 1997, in accordance with Standard Paragraph E service agreements. Accordingly, accordance with Standard Paragraph E at the end of this notice. Dayton requests waiver of the at the end of this notice. 21. Texas Utilities Electric Company Commission’s notice requirements. 18. Boston Edison Company [Docket No. ER97–3113–000] Copies of the filing were served upon The Detroit Edison Company, [Docket No. ER97–3108–000] Take notice that on May 29, 1997, Texas Utilities Electric Company (TU PacifiCorp Power Marketing, Inc., The Take notice that on May 29, 1997, Utility-Trade Corp. and the Public Electric) tendered for filing a revised Boston Edison Company (Boston Utilities Commission of Ohio. tariff to provide open-access, non- Edison), tendered for filing a Service discriminatory wholesale transmission Comment date: June 30, 1997, in Agreement and Appendix A under service to, from and over certain HVDC accordance with Standard Paragraph E Original Volume No. 6, Power Sales and Interconnections (TFO Tariff) to at the end of this notice. Exchange Tariff (Tariff) for Coastal supersede TU Electric’s current FERC 16. Golden Spread Electric Coop., Inc. Electric Services (Coastal). Boston Electric Tariff, Second Revised Volume Edison requests that the Service No. 1. TU Electric has requested a [Docket No. ER97–3106–000] Agreement become effective as of May waiver to permit the TFO Tariff to Take notice that on May 29, 1997, 1, 1997. become effective as of January 1, 1997. Golden Spread Electric Cooperative, Inc. Edison states that it has served a copy Comment date: June 30, 1997, in accordance with Standard Paragraph E (Golden Spread), tendered for filing of this filing on Coastal and the at the end of this notice. proposed changes in its FERC Rate Massachusetts Department of Public Schedules. Golden Spread is filing Utilities. 22. Entergy Services, Inc. Revised Rate Schedules to relocate a delivery point at which Golden Spread Comment date: June 30, 1997, in [Docket No. ER97–3114–000] currently provides full requirements accordance with Standard Paragraph E Take notice that on May 29, 1997, service to Rita Blanca Electric at the end of this notice. Entergy Services, Inc. (Entergy Cooperative, Inc. (Rita Blanca). 19. Entergy Services, Inc. Services), on behalf of Entergy The new delivery point replaces an Arkansas, Inc., has filed the Fifth [Docket No. ER97–3110–000] existing delivery point that was Amendment (Amendment) to the Power relocated to accommodate a highway Take notice that on May 29, 1997, Coordination, Interchange and expansion. This addition causes no Entergy Services, Inc. (Entergy Transmission Agreement (PCITA) changes in revenue and is being Services), on behalf of Entergy between Entergy Arkansas, Inc. and the provided at Rita Blanca’s request for its Arkansas, Inc., Entergy Gulf States, Inc., City of Osceola, Arkansas. Entergy Services states that the Amendment benefit. As part of the new delivery Entergy Louisiana, Inc., Entergy adds an additional delivery point point, Southwestern Public Service Mississippi, Inc., and Entergy New between Entergy Arkansas, Inc. and the Company (Southwestern) proposes to Orleans, Inc. (collectively, the Entergy charge Golden Spread $60,000 for City of Osceola, Arkansas. Operating Companies), tendered for Comment date: June 30, 1997, in transmission switches, which will be filing a Firm Point-To-Point accordance with Standard Paragraph E passed through to Rita Blanca. Transmission Service Agreement at the end of this notice. Copies of the filing were served upon between Entergy Services, as agent for the Public Utility Commission of Texas, the Entergy Operating Companies, and 23. Entergy Services, Inc. Southwestern Public Service Company, Central and South West Services, Inc. [Docket No. ER97–3115–000] and Rita Blanca Electric Cooperative, (CSW), acting as agent for Southwestern Take notice that on May 29, 1997, Inc. Electric Power Company. Entergy Services, Inc. (Entergy Comment date: June 30, 1997, in Comment date: June 30, 1997, in Services), on behalf of Entergy accordance with Standard Paragraph E accordance with Standard Paragraph E Arkansas, Inc., has filed the Twenty- at the end of this notice. at the end of this notice. Sixth Amendment (Amendment) to the Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Notices 34059

Power Coordination, Interchange and 26. Central Illinois Public Service FERC Electric Tariff, Original Volume Transmission Agreement (PCITA) Company No. 2, as amended, during the six- between Entergy Arkansas, Inc. and the [Docket No. ER97–3118–000] month period November 1, 1996 Arkansas Electric Cooperative through April 30, 1997. Take notice that on May 30, 1997, Corporation. Entergy Services states that Central Illinois Public Service Company Comment date: June 30, 1997, in the Amendment changes the delivery (CIPS) submitted an umbrella short-term accordance with Standard Paragraph E points and the capacity made available firm transmission service agreement, at the end of this notice. at each delivery point between Entergy dated June 1, 1997, establishing Arkansas, Inc. and the Arkansas Electric 30. UtiliCorp United Inc. Wisconsin Power & Light Company as a Cooperative Corporation. customer under the terms of CIPS’ Open [Docket No. ER97–3125–000] Comment date: June 30, 1997, in Access Transmission Tariff. Take notice that on May 30, 1997, accordance with Standard Paragraph E CIPS requests an effective date of June UtiliCorp United Inc. (UtiliCorp) at the end of this notice. 1, 1997 for the service agreement with tendered for filing, on behalf of its 24. Central Illinois Public Service Wisconsin Power & Light Company. WestPlains operating division, Contract Company Accordingly, CIPS requests waiver of No. 97–RMR–945 between UtiliCorp the Commission’s notice requirements. United and United States Department of [Docket No. ER97–3116–000] Copies of this filing were served on Energy Western Area Power Take notice that on May 30, 1997, Wisconsin Power & Light Company and Administration Rocky Mountain Region Central Illinois Public Service Company the Illinois Commerce Commission. Loveland Area Projects for Energy (CIPS) submitted a service agreement, Comment date: June 30, 1997, in Displacement Agreement. UtiliCorp dated May 22, 1997, establishing CIPS accordance with Standard Paragraph E requests waiver of the Commission’s Generation Resources as a customer at the end of this notice. regulations to permit the agreement to under the terms of CIPS’ Open Access 27. Soyland Power Cooperative, Inc. become effective on June 1, 1997. Transmission Tariff. Comment date: June 30, 1997, in [Docket No. ER97–3121–000] CIPS requests an effective date of May accordance with Standard Paragraph E 22, 1997 for the service agreement. Take notice that on May 30, 1997, at the end of this notice. Accordingly, CIPS requests waiver of Soyland Power Cooperative, Inc. the Commission’s notice requirements. (Soyland) tendered for filing a Service 31. Cinergy Services, Inc. Copies of this filing were served upon Agreement between Soyland and Corn [Docket No. ER97–3126–000] the Illinois Commerce Commission. Belt Electric Cooperative Inc. (Corn Take notice that Cinergy Services, Inc. Comment date: June 30, 1997, in Belt). The filing constitutes a rate (Cinergy), on May 30, 1997, tendered for accordance with Standard Paragraph E decrease filing for service to Corn Belt. filing on behalf of its operating at the end of this notice. Soyland seeks an effective date of June 1, 1997, and waiver of the Commission’s company, The Cincinnati Gas & Electric 25. Golden Spread Electric Coop., Inc. sixty-day prior notice requirement. Company (CG&E), Supplement No. 12 to [Docket No. ER97–3117–000] A copy of the filing was served upon the Interconnection Agreement between Corn Belt Electric Cooperative Inc. CG&E and East Kentucky Power Take notice that Golden Spread Comment date: June 30, 1997, in Cooperative, Inc. (East Kentucky). Electric Cooperative, Inc. (Golden accordance with Standard Paragraph E Cinergy and East Kentucky have Spread), on May 30, 1997, tendered for at the end of this notice. requested an effective date of June 1, filing proposed changes in its FERC Rate 1997. Schedules. Golden Spread is filing 28. Midwest Energy, Inc. Copies of the filing were served on Revised Rate Schedules to amend the [Docket No. ER97–3122–000] commitment levels of various delivery East Kentucky and the Kentucky Public Take Notice that on May 30, 1997, points and to add two new delivery Service Commission. Midwest Energy, Inc. (Midwest) points, Delivery Point No. 20 and No. Comment date: June 30, 1997, in tendered for filing with the Federal 21, to the list of existing delivery points accordance with Standard Paragraph E Energy Regulatory Commission the at which Golden Spread currently at the end of this notice. Service Agreement for Non-Firm Point- provides full requirements service to to-Point Transmission Service entered Standard Paragraph Deaf Smith Electric Cooperative, Inc. into between Midwest and Sunflower (Deaf Smith). Electric Corp. E. Any person desiring to be heard or Deaf Smith has requested and Golden Midwest states that it is serving to protest said filing should file a Spread has agreed to provide, service to copies of the instant filing to its motion to intervene or protest with the the new delivery point in order that customers, State Commissions and other Federal Energy Regulatory Commission, Deaf Smith may better serve its interested parties. 888 First Street, N.E., Washington, D.C. customers’ needs. Had the new delivery Comment date: June 30, 1997, in 20426, in accordance with Rules 211 point not been added, Deaf Smith would accordance with Standard Paragraph E and 214 of the Commission’s Rules of have had to serve the loads off existing at the end of this notice. Practice and Procedure (18 CFR 385.211 delivery points at greater expense and and 18 CFR 385.214). All such motions with greater losses. 29. The United Illuminating Company or protests should be filed on or before Copies of the filing were served upon [Docket No. ER97–3124–000] the comment date. Protests will be the Public Utility Commission of Texas, Take notice that on May 30, 1997, The considered by the Commission in Southwestern Public Service Company, United Illuminating Company (UI) determining the appropriate action to be and Deaf Smith Electric Cooperative, tendered for filing for informational taken, but will not serve to make Inc. purposes all individual Purchase protestants parties to the proceeding. Comment date: June 30, 1997, in Agreements and Supplements to Any person wishing to become a party accordance with Standard Paragraph E Purchase Agreements executed under must file a motion to intervene. Copies at the end of this notice. UI’s Wholesale Electric Sales Tariff, of this filing are on file with the 34060 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Notices

Commission and are available for public guidance is issued, on or before August States of differing size populations and inspection. 6, 1997. These SWAPs describe the geographic location across the nation’s Lois D. Cashell, process by which a State delineates regions. These States also vary by Secretary. source Water Protection Areas, conducts administrative structure for the Source [FR Doc. 97–16538 Filed 6–23–97; 8:45 am] contamination source inventories and Water Assessment and Protection susceptibility analyses, and indicates BILLING CODE 6717±01±P Programs. Burden means the total time, whether or not it plans to implement a effort, or financial resources expended Source Water Protection Program. A by persons to generate, maintain, retain, State must develop a SWAP with public or disclose or provide information to or ENVIRONMENTAL PROTECTION participation. for a Federal agency. This includes the AGENCY Once a State program is approved by time needed to review instructions; [FRL±5846±4] EPA, the State has two years to develop, acquire, install, and utilize complete the source water assessments technology and systems for the purposes Agency Information Collection for the public water systems within of collection, validating, and verifying Activities: Submission for OMB their borders. Section 1453 (a)(4) allows information, processing and Review; Comment Request; a State to request an extension of up to maintaining information, and disclosing Information Collection Request for the 18 months to complete the assessments. and providing information; adjust the 1997 State Source Water Assessment The extension request must indicate the existing ways to comply with any and Protection Programs Guidance reason a State requires additional time previously applicable instructions and and must include a description of how AGENCY: Environment Protection requirements; train personnel to be able and when the State will complete the Agency (EPA). to respond to a collection of assessment within the requested information; search data sources; ACTION: Notice. extension period. The request must also complete and review the collection of SUMMARY: In compliance with the include information on the progress in information; and transmit or otherwise Paperwork Reduction Act (44 U.S.C. implementing the assessments by the disclose the information. 3501 et seq.), this notice announces that end of the first 18 months. Respondents/Affected Entities: 49 EPA is planning to submit the following An agency may not conduct or States. proposed Information Collection sponsor, and a person is not required to Estimated Number of Respondents: 49 Request (ICR) to the Office of respond to, an information collection States. Management and Budget (OMB): The request unless it displays a currently Frequency of Response for each 1997 State Source Water Assessment valid OMB control number. The OMB Individual Information Request: Once. and Protection Programs Guidance, EPA control numbers for EPA’s regulations Estimated Total Annual Hour Burden: ICR# 1816.01. Before submitting the ICR are listed in 40 CFR Part 9 and 48 CFR 103,635 hours. to OMB for review and approval, EPA Chapter 15. Estimated Total Annual Cost Burden: The EPA would like to solicit is soliciting comments on specific $3,433,136. comments to: aspects of the proposed information (i) evaluate whether the proposed Dated: June 12, 1997. collection as described below. collection of information is necessary Cynthia C. Dougherty, DATES: Comments must be submitted on for the proper performance of the Director, Office of Ground Water and Drinking or before August 25, 1997. functions of the agency, including Water. ADDRESSES: Office of Ground Water and whether the information will have [FR Doc. 97–16513 Filed 6–23–97; 8:45 am] Drinking Water, MC 4606. U.S. EPA 401 practical utility; BILLING CODE 6560±50±M M. St., SW. Washington D.C. 20460. (ii) evaluate the accuracy of the Interested persons may obtain a copy by agency’s estimate of the burden of the requesting EPA ICR# 1816.01. proposed collection of information, ENVIRONMENTAL PROTECTION FOR FURTHER INFORMATION CONTACT: including the validity of the AGENCY Andrea Karpoff: 202–260–1899; FAX: methodology and assumptions used; [FRL±5846±1] (202) 260–0732; E-mail: (iii) enhance the quality, utility, and [email protected]. clarity of the information to be Acid Rain Program: Draft Permits and collected; and Permit Modifications SUPPLEMENTARY INFORMATION: (iv) minimize the burden of the Affected Entities: Entities affected by collection of information on those who AGENCY: Environmental Protection this action are States exercising primary are to respond, including through the Agency (EPA). enforcement responsibility for public use of appropriate automated electronic, ACTION: Notice of draft permits and water systems. mechanical, or other technological permit modifications. Title: The 1997 State Source Water collection techniques or other forms of Assessment and Protection Programs information technology, e.g., permitting SUMMARY: The U.S. Environmental Guidance, EPA ICR# 1816.01. electronic submission of responses. Protection Agency (EPA) is issuing for Section 1453 of the Safe Drinking Burden Statement: The annual public comment draft Phase I Acid Rain Water Acts Amendments of 1996 reporting and record keeping burden for permits and permit modifications authorizes State Source Water this collection of information is including nitrogen oxides (NOX) Assessment Programs (SWAPs) to estimated to average 2115 hours per compliance plans in accordance with achieve or maintain compliance with State response. The annual cost burden the Acid Rain Program regulations (40 SDWA requirements and to protect is estimated to average $70,000.00 per CFR parts 72 and 76). Because the public health. State response. These burden estimates Agency does not anticipate receiving Abstract: Section 1453(a)(3) of the are for both the SWAP proposal and for adverse comments, the permits and Safe Drinking Water Act requires States requested time extensions by States for permit modifications are also being to submit a Source Water Assessment completion of the assessments. The issued as a direct final action in the Program within 18 months after the estimates are based on estimates by four notice of permits and permit Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Notices 34061 modifications published elsewhere in SUPPLEMENTARY INFORMATION: If no DATES: The permits and permit today’s Federal Register. significant, adverse comments are modifications issued in this direct final DATES: Comments on the draft permits timely received, no further activity is action will be final on August 4, 1997 and permit modifications must be contemplated in relation to these draft or 40 days after publication of a similar received no later than July 24, 1997 or permits and draft permit modifications document in a local publication, 30 days after the date of publication of and the permits and permit whichever is later, unless significant, a similar document in a local modifications issued as a direct final adverse comments are received by July newspaper, whichever is later. action in the notice of permits and 24, 1997 or 30 days after publication of permit modifications published a similar document in a local ADDRESSES: Administrative Records. elsewhere in today’s Federal Register publication, whichever is later. If The administrative record for the will automatically become final on the significant, adverse comments are permits, except information protected as date specified in that document. If timely received on any permit or permit confidential, may be viewed during significant, adverse comments are modification in this direct final action, normal operating hours at the following timely received on any permit or permit that permit or permit modification will locations: for plants in Pennsylvania, modification, that permit or permit be withdrawn through a document in Virginia, and West Virginia, EPA Region modification in the notice of permits the Federal Register. 3, 841 Chestnut Building, Philadelphia, and permit modifications will be ADDRESSES: Administrative Records. PA, 19107; for plants in Indiana and withdrawn and public comment The administrative record for the Ohio, EPA Region 5, 77 West Jackson received on that permit or permit permits, except information protected as Blvd., Chicago, IL, 60604; for plants in modification based on this notice of confidential, may be viewed during Oklahoma and Texas, EPA Region 6, draft permits and permit modifications normal operating hours at the following 1445 Ross Ave., Dallas TX, 75202; for will be addressed in a subseqent notice locations: for plants in Pennsylvania, plants in Arizona and Nevada, EPA of permit or permit modification. Virginia, and West Virginia, EPA Region Region 9, 75 Hawthorne St. (A–3–1), Because the Agency will not institute a 3, 841 Chestnut Building, Philadelphia, San Francisco, CA, 94105. second comment period on this notice PA, 19107; for plants in Indiana and Comments. Send comments, requests of draft permits and permit Ohio, EPA Region 5, 77 West Jackson for public hearings, and requests to modifications, any parties interested in Blvd., Chicago, IL, 60604; for plants in receive notices of future actions to: for commenting should do so during this Oklahoma and Texas, EPA Region 6, plants in Pennsylvania, Virginia and comment period. 1445 Ross Ave., Dallas TX, 75202; for West Virginia, EPA Region 3, Air, For further information and a detailed plants in Arizona and Nevada, EPA Radiation, and Toxics Division, Attn: description of the permits and permit Region 9, 75 Hawthorne St. (A–3–1), Linda Miller (address above); for plants modifications, see the information San Francisco, CA, 94105. in Indiana and Ohio, EPA Region 5, Air provided in the notice of permits and Comments. Send comments, requests and Radiation Division, Attn: Cecilia permit modifications elsewhere in for public hearings, and requests to Mijares (address above); for plants in today’s Federal Register. receive notice of future actions to: for Oklahoma and Texas, EPA Region 6, plants in Pennsylvania, Virginia and Compliance Assurance and Enforcement Dated: June 17, 1997. Brian J. McLean, West Virginia, EPA Region 3, Air, Division, Attn: Joseph Winkler (address Radiation, and Toxics Division, Attn: above); for plants in Arizona and Director, Acid Rain Division, Office of Atmospheric Programs, Office of Air and Linda Miller (address above); for plants Nevada, Air and Toxics Division, Attn: in Indiana and Ohio, EPA Region 5, Air Roger Kohn, (address above). Submit Radiation. [FR Doc. 97–16514 Filed 6–23–97; 8:45 am] and Radiation Division, Attn: Cecilia comments in duplicate and identify the Mijares (address above); for plants in BILLING CODE 6560±50±P permit to which the comments apply, Oklahoma and Texas, EPA Region 6, the commenter’s name, address, and Compliance Assurance and Enforcement telephone number, and the commenter’s Division, Attn: Joseph Winkler (address interest in the matter and affiliation, if ENVIRONMENTAL PROTECTION AGENCY above); for plants in Arizona and any, to the owners and operators of all Nevada, Air and Toxics Division, Attn: units in the plan. All timely comments Roger Kohn, (address above). Submit [FRL±5846±2] will be considered, except those comments in duplicate and identify the pertaining to standard provisions under permit to which the comments apply, 40 CFR 72.9 or issues not relevant to the Acid Rain Program: Permits and Permit Modifications the commenter’s name, address, and permit or the permit modification. telephone number, and the commenter’s Hearings. To request a public hearing, AGENCY: Environmental Protection interest in the matter and affiliation, if state the issues proposed to be raised in Agency (EPA). any, to the owners and operators of all the hearing. EPA may schedule a ACTION: Notice of permits and permit units in the plan. All timely comments hearing if EPA finds that it will modifications. will be considered, except those contribute to the decision-making pertaining to standard provisions under process by clarifying significant issues SUMMARY: The U.S. Environmental 40 CFR 72.9 or issues not relevant to the affecting a NOX compliance plan. Protection Agency (EPA) is issuing, as a permit or the permit modification. FOR FURTHER INFORMATION CONTACT: For direct final action, Phase I Acid Rain Hearings. To request a public hearing, plants in Pennsylvania, Virginia, and permits and permit modifications state the issues proposed to be raised in West Virginia, call Linda Miller (215) including nitrogen oxides (NOX) the hearing. EPA may schedule a 566–2068; for plants in Indiana and compliance plans in accordance with hearing if EPA finds that it will Ohio, call Cecilia Mijares (312) 886– the Acid Rain Program regulations (40 contribute to the decision-making 0968; for plants in Oklahoma and Texas, CFR parts 72 and 76). Because the process by clarifying significant issues call Joseph Winkler, (214) 665-7243; for Agency does not anticipate receiving affecting a NOX compliance plan. plants in Arizona and Nevada, call adverse comments, the exemptions are FOR FURTHER INFORMATION CONTACT: For Roger Kohn, (415) 744–1238. being issued as a direct final action. plants in Pennsylvania, Virginia, and 34062 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Notices

West Virginia, call Linda Miller (215) Potomac River units 1, 2, 3, 4, and 5 Dated: June 17, 1997. 566–2068; for plants in Indiana and in Virginia: 0.45 lbs/mmBtu. The Brian J. McLean, Ohio, call Cecilia Mijares (312) 886– designated representative is James Potts. Director, Acid Rain Division, Office of 0968; for plants in Oklahoma and Texas, Bremo Bluff unit 3 in Virgina: 0.50 Atmospheric Programs, Office of Air and call Joseph Winkler, (214) 665–7243; for lbs/mmBtu. The designated Radiation. plants in Arizona and Nevada, call representative is W. Robert Cartwright. [FR Doc. 97–16515 Filed 6–23–97; 8:45 am] Roger Kohn, (415) 744–1238. Chesapeake units 1, 2, and 4 in BILLING CODE 6560±50±P Virginia: 0.45 lbs/mmBtu. The SUPPLEMENTARY INFORMATION: Title IV of designated representative is W. Robert the Clean Air Act directs EPA to Cartwright. ENVIRONMENTAL PROTECTION establish a program to reduce the Chesterfield units 3, 4, and 5 in AGENCY adverse effects of acidic deposition by Virginia: 0.45 lbs/mmBtu. The promulgating rules and issuing permits designated representative is W. Robert [FRL±5846±3] to emission sources subject to the Cartwright. Science Advisory Board; Notification program. In today’s action, EPA is Possum Point unit 3 in Virginia: 0.45 issuing permits and permit of Public Advisory Committee lbs/mmBtu. The designated Meetings modifications that include approval of representative is W. Robert Cartwright. early election plans for NOx. The units Yorktown units 1 and 2 in Virginia: July 1997. that are included in the early election 0.45 lbs/mmBtu. The designated Pursuant to the Federal Advisory plans will be required to meet an actual representative is W. Robert Cartwright. Committee Act, Public Law 92–463, annual average emissions rate for NOx of Mountaineer unit 1 in West Virginia: notice is hereby given that several either 0.45 lbs/MMBtu for tangentially- 0.50 lbs/mmBtu. The designated committees of the Science Advisory fired boilers or 0.50 lbs/MMBtu for dry representative is John McManus. Board (SAB) will meet on the dates and bottom wall-fired boilers beginning on Rockport units MB1 and MB2 in times described below. All meetings are January 1, 1997 through December 31, Indiana: 0.50 lbs/mmBtu. The open to the public. Due to limited space, 2007, after which they will be required designated representative is John seating at meetings will be on a first- to meet the applicable emissions McManus. come, first-served basis. For further limitation under 40 CFR 76.7(a) of 0.40 Dean H Mitchell units U4, U5, U6, information concerning specific lbs/MMBtu for tangentially-fired boilers and U11 in Indiana: 0.45 lbs/mmBtu for meetings, please contact the individuals or 0.46 lbs/MMBtu for dry bottom wall- units U6 and U11 and 0.50 lbs/mmBtu listed below. Documents that are the fired boilers. The following is a list of for units U4 and U5. The designated subject of SAB reviews are normally units included in the permits or permit representative is Patrick Mulchay. available from the originating EPA office Whitewater Valley units 1 and 2 in modifications and the limits that they and are not available from the SAB Indiana: 0.45 lbs/mmBtu. The are required to meet: Office. Titus units 1, 2, and 3 in designated representative is Irving Pennsylvania: 0.45 lbs/mmBtu. The Huffman. 1. Integrated Risk Project Multi- designated representative is Ronald Conesville units 5 and 6 in Ohio: 0.45 Stressor Work Group Lantzy. lbs/mmBtu. The designated The Multi-Stressor Work Group of the representative is John McManus. SAB’s Integrated Risk Project (IRP) will Bruce Mansfield unit 3 in Northeastern units 3313 and 3314 in Pennsylvania: 0.50 lbs/mmBtu. The meet on July 7–8, 1997, in the Palau Oklahoma: 0.45 lbs/mmBtu. The Room on the first floor of EPA Region designated representative is Howard designated representative is E. Michael Couch, Jr. IX Offices, 75 Hawthorne Street, San Williams. Francisco, CA 94105. The meeting will New Castle units 3, 4, and 5 in J T Deely units 1 and 2 in Texas: 0.45 begin at 8:30 am Pacific Time on July 7 Pennsylvania: 0.50 lbs/mmBtu. The lbs/mmBtu. The designated and at 8 am Pacific Time on July 8, and designated representative is Howard representative is Cynthia Levesque. Couch, Jr. Apache units 2 and 3 in Arizona: 0.50 end no later than 5:30 pm Pacific Time Cromby unit 1 in Pennsylvania: 0.50 lbs/mmBtu. The designated on both days. The purpose of the lbs/mmBtu. The designated representative is Charles Davis, Jr. meeting is to develop a methodology for representative is Thomas Chaykun. Cholla units 1, 2, 3, and 4 in Arizona: considering more than one stressor (e.g., Eddystone units 1 and 2 in 0.45 lbs/mmBtu. The designated chemical pollutant) at a time when Pennsylvania: 0.45 lbs/mmBtu. The representative is John Denman. estimating the impact of one risk designated representative is Lloyd Coronado units 1 and 2 in Arizona: reduction option over another (e.g., Yates. 0.50 lbs/mmBtu. The designated incineration vs. landfilling). The Multi- Stressor Work Group (MSWG) was Homer City units 1, 2, and 3 in representative is Nils Larson. established at the request of the Chair of Pennsylvania: 0.50 lbs/mmBtu. The Navajo units 1, 2, and 3 in Arizona: the IRP Steering Committee to work on designated representative is Ronald 0.45 lbs/mmBtu. The designated this task, and the results of the MSWG Lantzy. representative is Nils Larson. Springerville units 1 and 2 in Arizona: meeting will be considered by the Keystone units 1 and 2 in 0.45 lbs/mmBtu. The designated Steering Committee at its meeting on Pennsylvania: 0.45 lbs/mmBtu. The representative is Cosimo DeMasi. July 9–11, 1997 (see below for details of designated representative is Ronald Reid Gardner unit 4 in Nevada: 0.50 that meeting). Lantzy. lbs/mmBtu. The designated The specific charge to the MSWG and Montour units 1 and 2 in representative is Dennis Schwehr. the agenda for the meeting are available Pennsylvania: 0.45 lbs/mmBtu. The North Valmy units 1 and 2 in Nevada: from the Office of the Science Advisory designated representative is Robert 0.50 lbs/mmBtu. The designated Board and on the SAB’s website Shovlin. representative is Gerald Canning. (www.epa.gov/sab). Glen Lyn units 51 and 52 in Virginia: Mohave units 1 and 2 in Nevada: 0.45 For Further Information: Any member 0.45 lbs/mmBtu. The designated lbs/mmBtu. The designated of the public wishing further representative is John McManus. representative is John Fielder. information concerning the meeting or Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Notices 34063 who wishes to submit comments should Committee Evaluation and Support Staff Washington, DC 20460 or via fax (202) contact Stephanie Sanzone, Acting (1400), 401 M Street, SW, Washington, 260–1889. Additional information Designated Federal Official for the DC 20460, telephone (202) 260-8414, or concerning the SAB can be found on the MSWG, no later than 4:00pm Eastern fax (202) 260–1889. Members of the SAB Home Page at: http:// Time on July 2, 1997, at Science public desiring additional information www.epa.gov/sab. Advisory Board (1400), U.S. EPA, about the meeting, including an agenda, Dated: June 16, 1997. Washington, DC 20460, phone (202) should contact Ms. Wanda Fields, Staff Donald G. Barnes, 260-6557; fax (202) 260–7118; or via the Secretary, Committee Operations Staff, Internet at: Science Advisory Board (1400), US Staff Director, Science Advisory Board. [email protected]. EPA, 401 M Street, SW, Washington DC [FR Doc. 97–16516 Filed 6–23–97; 8:45 am] Copies of the draft meeting agenda can 20460, by telephone at (202) 260–8414, BILLING CODE 6560±50±P be obtained by contacting Ms. Wanda fax at (202) 260–7118, or via the Internet Fields at (202) 260–8414 or via the at: [email protected]. Internet at: Anyone wishing to make a brief oral FEDERAL MARITIME COMMISSION [email protected]. presentation at the IRP meeting must contact Ms. Stephanie Sanzone, Notice of Agreement(s) Filed 2. Integrated Risk Project Steering Designated Federal Official for the Committee The Commission hereby gives notice Steering Committee no later than 4 pm of the filing of the following The Integrated Risk Project (IRP) on July 2, 1997, at fax: (202) 260–7118 agreement(s) under the Shipping Act of Steering Committee, an ad hoc or via the Internet at 1984. committee established by the Executive [email protected]. Interested parties can review or obtain Committee of the Science Advisory The request should identify the name of copies of agreements at the Washington, Board, will meet on July 9–11, 1997, at the individual who will make the DC offices of the Commission, 800 the Ramada Hotel Olde Towne, 901 N. presentation and an outline of the issues North Capitol Street, NW., Room 962. Fairfax Street, Alexandria, VA, to be addressed. At least 35 copies of Interested parties may submit comments telephone (703) 683–6000. The meeting any written comments to the Committee on an agreement to the Secretary, will begin at 1:30 pm eastern time on are to be given to Ms. Sanzone no later Federal Maritime Commission, July 9, and at 8 am on July 10 and 11, than the time of the presentation for Washington, DC 20573, within 10 days and end no later than 5:30 pm each day. distribution to the Committee and the of the date this notice appears in the Seating will be limited and available on interested public. For further Federal Register. a first-come, first-served basis. The information, you may also reach Ms. purpose of the meeting is to review and Sanzone by phone on (202) 260–6557. Agreement No.: 232–011521–003. revise a draft report, being developed as See below for additional information on Title: Hanjin/Tricon Far East Services part of the Integrated Risk Project, providing comments to the SAB. Slot Charter Agreement. describing an integrated model for Parties: Hanjin Shipping Co., Ltd. decision-making that incorporates Providing Oral or Written Comments at (‘‘HJS’’), Cho Yang Shipping Co., Ltd. information on risks to ecosystems and SAB Meetings (‘‘CYL’’). humans, risk reduction options, and The Science Advisory Board expects Synopsis: The proposed modification their economic and societal that public statements presented at its renames the parties’ current China implications. meetings will not be repetitive of America Express (‘‘CAX’’) Service as Background on the Integrated Risk previously submitted oral or written CAX–I, adds an additional service Project (IRP): In a letter dated October statements. In general, each individual between ports in the Far East and US 25, 1995, to Dr. Matanoski, Chair of the or group making an oral presentation West Coast ports (‘‘CAX–II’’), and SAB Executive Committee, Deputy will be limited to a total time of ten renames the parties’ Pendulum Service Administrator Fred Hansen charged the minutes. For conference call meetings, (‘‘PDM’’) as the PN–PDM Service. The SAB to: (a) develop an updated ranking opportunities for oral comment will be modification also increases the number of the relative risk of different limited to no more than five minutes per of container slots chartered in the PN– environmental problems based upon speaker and no more than fifteen PDM Service and establishes the explicit scientific criteria; (b) provide an minutestotal. Written comments (at least maximum number of container slots assessment of techniques and criteria 35 copies) received in the SAB Staff available under CAX–II. that could be used to discriminate Office sufficiently prior to a meeting Agreement No.: 217–011548–001. among emerging environmental risks date, may be mailed to the relevant SAB Title: Hanjin/Sinotrans Slot Charter and identify those that merit serious, committee or subcommittee prior to its Agreement. near-term Agency attention; (c) assess meeting; comments received too close to Parties: Hanjin Shipping Co., Ltd. the potential for risk reduction and the meeting date will normally be (‘‘HJS’’), China National Foreign Trade propose alternative technical risk provided to the committee at its Transportation Corp. (‘‘Sinotrans’’). reduction strategies for the meeting. Written comments may be Synopsis: The proposed modification environmental problems identified; and provided to the relevant committee or adds Japan to the geographic scope, d) identify the uncertainties and data subcommittee up until the time of the establishes an additional service that quality issues associated with the meeting. will call at US West Coast ports (‘‘CAX– relative rankings. The project is being Information concerning the Science II’’) and renames the current US West conducted by several SAB panels, Advisory Board, its structure, function, Coast service (‘‘CAX–I’’). The working at the direction of an ad hoc and composition, may be found in The modification also updates the number of Steering Committee established by the FY1996 Annual Report of the Staff container slots available to Sinotrans Executive Committee. Director which is available from the under CAX–I and specifies the Single copies of Reducing Risk, the SAB Committee Evaluation and Support maximum number of container slots report of the previous relative risk Staff (CESS) by contacting US EPA, available under CAX–II. ranking effort of the SAB, can be Science Advisory Board (1400), Agreement No.: 217–011581. obtained by contacting the SAB’s Attention: CESS, 401 M Street, SW, Title: The DSEN/POL Agreement. 34064 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Notices

Parties: DSR-Senator Lines (‘‘DSEN’’) FEDERAL RESERVE SYSTEM Bancshares, Inc., Ponca City, Oklahoma POL-Atlantic (‘‘POL’’) and thereby indirectly acquire Bank & Synopsis: The proposed Agreement Formations of, Acquisitions by, and Trust, Ponca City, Oklahoma; would permit DSEN to charter space to Mergers of Bank Holding Companies Bancshares of Nichols Hills, Inc., POL aboard its vessels in the trade Oklahoma City, Oklahoma; and thereby The companies listed in this notice between United States ports, and inland indirectly acquire Bank of Nichols Hills, have applied to the Board for approval, and coastal points via such ports, and Oklahoma City, Oklahoma. pursuant to the Bank Holding Company ports in Europe in the Bayonne, France/ Act of 1956 (12 U.S.C. 1841 et seq.) Board of Governors of the Federal Reserve North Cape, Norway Range (excluding (BHC Act), Regulation Y (12 CFR Part System, June 19, 1997. Mediterranean and non-Baltic Russian 225), and all other applicable statutes Jennifer J. Johnson, ports), and inland points in Europe via and regulations to become a bank Deputy Secretary of the Board. such non-excluded ports. holding company and/or to acquire the [FR Doc. 97–16492 Filed 6–23–97; 8:45 am] By Order of the Federal Maritime assets or the ownership of, control of, or BILLING CODE 6210±01±F Commission. the power to vote shares of a bank or Dated: June 18, 1997. bank holding company and all of the Joseph C. Polking, banks and nonbanking companies FEDERAL RESERVE SYSTEM Secretary. owned by the bank holding company, [FR Doc. 97–16426 Filed 6–23–97; 8:45 am] including the companies listed below. Consumer Advisory Council; Notice of Meeting BILLING CODE 6730±01±M The applications listed below, as well as other related filings required by the The Consumer Advisory Council will Board, are available for immediate meet on Thursday, July 17. The meeting, inspection at the Federal Reserve Bank which will be open to public FEDERAL RESERVE SYSTEM indicated. The application also will be observation, will take place at the available for inspection at the offices of Change in Bank Control Notices; Federal Reserve Board’s offices in the Board of Governors. Interested Acquisitions of Shares of Banks or Washington, D.C., in Terrace Room E of persons may express their views in Bank Holding Companies the Martin Building. The meeting will writing on the standards enumerated in begin at 9:00 a.m. and is expected to the BHC Act (12 U.S.C. 1842(c)). If the The notificants listed below have continue until 4:00 p.m., with a lunch proposal also involves the acquisition of applied under the Change in Bank break from 1:00 p.m. until 2:00 p.m. The a nonbanking company, the review also Control Act (12 U.S.C. 1817(j)) and Martin Building is located on C Street, includes whether the acquisition of the § 225.41 of the Board’s Regulation Y (12 Northwest, between 20th and 21st nonbanking company complies with the CFR 225.41) to acquire a bank or bank Streets in Washington, D.C. standards in section 4 of the BHC Act. holding company. The factors that are The Council’s function is to advise considered in acting on the notices are Unless otherwise noted, nonbanking activities will be conducted throughout the Board on the exercise of the Board’s set forth in paragraph 7 of the Act (12 responsibilities under the Consumer U.S.C. 1817(j)(7)). the United States. Unless otherwise noted, comments Credit Protection Act and on other The notices are available for matters on which the Board seeks its immediate inspection at the Federal regarding each of these applications must be received at the Reserve Bank advice. Time permitting, the Council Reserve Bank indicated. The notices will discuss the following topics: also will be available for inspection at indicated or the offices of the Board of Home Ownership Equity Protection the offices of the Board of Governors. Governors not later than July 18, 1997. Act. The Consumer Credit Committee Interested persons may express their A. Federal Reserve Bank of Atlanta will discuss issues raised at recent views in writing to the Reserve Bank (Lois Berthaume, Vice President) 104 public hearings on the adequacy of indicated for that notice or to the offices Marietta Street, N.W., Atlanta, Georgia Truth in Lending’s home equity lending of the Board of Governors. Comments 30303-2713: rules. The Board held hearings in Los must be received not later than July 9, 1. Century South Banks, Inc., Angeles, Atlanta, and Washington, D.C. 1997. Dahlonega, Georgia; to merge with Bank in June concerning the home-equity A. Federal Reserve Bank of Chicago Corporation of Georgia, Macon, Georgia, credit market targeted by the Act, in (Philip Jackson, Applications Officer) and thereby indirectly acquire First which it sought the views of creditors, 230 South LaSalle Street, Chicago, South Banks, N.A., Macon, Georgia, and consumer representatives, and other Illinois 60690-1413: AmeriBank, N.A., Savannah, Georgia. interested parties. 1. Leon A. Greenblatt, III, Chicago, B. Federal Reserve Bank of St. Louis CRA Implementation and Service Test Illinois; to acquire an additional .20 (Randall C. Sumner, Vice President) 411 Issues. The Bank Regulation Committee percent, for a total of 5.14 percent, and Locust Street, St. Louis, Missouri 63102- will continue its review of large-bank Chiplease, Inc., Chicago, Illinois, to 2034: Community Reinvestment Act acquire an additional .22 percent, for a 1. Banterra Corp, Eldorado, Illinois; to examination issues. The focus of the total of 5.27 percent, of the voting shares acquire 5.39 percent of the voting shares discussion will be on the new lending of Home Financial Bancorp, Spencer, of 1st Bancorp Vienna, Inc., Vienna, and service tests for large banks and any Indiana, and thereby indirectly acquire Illinois, and thereby indirectly acquire potential impact on community Owen Community Bank, S.B., Spencer, First State Bank of Vienna, Vienna, investments, banking services, and the Indiana. Illinois. C. Federal Reserve Bank of Kansas types of funded community projects. Board of Governors of the Federal Reserve City (D. Michael Manies, Assistant Vice Treasury’s ‘‘EFT ’99’’. The Depository System, June 19, 1997. President) 925 Grand Avenue, Kansas and Delivery Systems Committee will Jennifer J. Johnson, City, Missouri 64198-0001: explore issues that may fall under the Deputy Secretary of the Board. 1. Pioneer Bancshares, Inc., ESOP, domain of the Board’s responsibilities as [FR Doc. 97–16493 Filed 6–23–97; 8:45 am] Ponca City, Oklahoma; to acquire 45 government, industry, and others work BILLING CODE 6210±01±F percent of the voting shares of Pioneer to build an infrastructure to deliver all Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Notices 34065 federal payments electronically by involving individual Federal Reserve Proposed Project January 1, 1999. System employees. Effect of Appraisals on Community 2. Any items carried forward from a 1. Health Hazard Evaluations/ Development. The Community Affairs previously announced meeting. Technical Assistance and Emerging Problems (0920–0260)—Extension—In and Housing Committee will present a CONTACT PERSON FOR MORE INFORMATION: accordance with its mandates under the report on their review of the effect of Mr. Joseph R. Coyne, Assistant to the Occupational Safety and Health Act of appraisals on community development Board; (202) 452–3204. You may call 1970 and the Federal Mine Safety and lending. (202) 452–3207, beginning at Governor’s Report. Presentation by approximately 5 p.m. two business days Health Act of 1977, the National Federal Reserve Board Member before this meeting, for a recorded Institute for Occupational Safety and Laurence H. Meyer on economic announcement of bank and bank Health (NIOSH) responds each year to conditions, recent Board initiatives, and holding company applications approximately 400 requests for health issues of concern, with an opportunity scheduled for the meeting. hazard evaluations to identify potential for questions from Council members. chemical, biological, or physical Dated: June 20, 1997. Committee Reports. Committees will hazards at the workplace. report on their work. Jennifer J. Johnson, Approximately half of these requests Open Forum-Emerging Issues. Deputy Secretary of the Board. require that NIOSH conduct a ‘‘short- Presentation of Council members’ views [FR Doc. 97–16698 Filed 6–20–97; 3:41 pm] term’’ field study to adequately address on emerging issues or trends in BILLING CODE 6210±01±P the issues raised by the requestor. Since consumer financial services that may 1970, more than 10,000 of these studies have potential impact on the Board’s have been completed. The main purpose role in providing consumer protection. of these studies is to help employers DEPARTMENT OF HEALTH AND Other matters previously considered and employees identify and eliminate HUMAN SERVICES by the Council or initiated by Council occupational health hazards. Ninety-five members also may be discussed. Centers for Disease Control and percent of these investigations respond Persons wishing to submit to the Prevention to specific requests for assistance from Council their views regarding any of the employers, employees, employee above topics may do so by sending representatives, or other government [INFO±97±14] written statements to Deanna Aday- agencies. The remaining investigations Keller, Secretary, Consumer Advisory Proposed Data Collections Submitted are short-term field investigations Council, Division of Consumer and for Public Comment and initiated by NIOSH because it received Community Affairs, Board of Governors Recommendations information that a chemical, biological, of the Federal Reserve System, or a physical agent may be hazardous to Washington, D.C. 20551. Information In compliance with the requirement workers. In these studies, NIOSH about this meeting may be obtained of Section 3506(c)(2)(A) of the determines whether they warrant more from Ms. Aday-Keller, 202-452-6470. Paperwork Reduction Act of 1995 for detailed studies. Approximately 50% of Telecommunications Device for the Deaf opportunity for public comment on the field investigations involve (TDD) users may contact Diane Jenkins, proposed data collection projects, the interviews or the administration of a 202-452-3544. Centers for Disease Control and Board of Governors of the Federal Reserve questionnaire to the workers. Each Prevention (CDC) will publish periodic questionnaire is specific to that worksite System, June 19, 1997. summaries of proposed projects. To William W. Wiles, and its suspected diseases and/or request more information on the hazards; however, questionnaires are Secretary of the Board. proposed projects or to obtain a copy of derived from standard medical [FR Doc. 97–16557 Filed 6–23–97; 8:45am] the data collection plans and evaluation techniques. NIOSH BILLING CODE 6210±01±F instruments, call the CDC Reports distributes interim and final reports of Clearance Officer on (404) 639–7090. the investigations, excluding personal Comments are invited on: (a) Whether identifiers, to requesters, employers, FEDERAL RESERVE SYSTEM the proposed collection of information employee representatives, the is necessary for the proper performance Sunshine Act Meeting Department of Labor (OSHA and of the functions of the agency, including MSHA), and, as appropriate, other state AGENCY HOLDING THE MEETING: Board of whether the information shall have practical utility; (b) the accuracy of the and federal agencies. Following the Governors of the Federal Reserve completion of field investigations, System. agency’s estimate of the burden of the proposed collection of information; (c) NIOSH plans to administer telephone TIME AND DATE: 12:00 noon, Monday, ways to enhance the quality, utility, and follow-back questionnaires to employer June 30, 1997. clarity of the information to be and employee representatives at each PLACE: Marriner S. Eccles, Federal collected; and (d) ways to minimize the site to assess program effectiveness and Reserve Board Building, C Street burden of the collection of information identify areas for improvement. Because entrance between 20th and 21st Streets, on respondents, including through the of the large volume of investigations N.W., Washington, D.C. 20551. use of automated collection techniques conducted each year, the need to STATUS: Closed. for other forms of information quickly respond to requests for technology. Send comments to Wilma assistance, and the diverse nature of MATTERS TO BE CONSIDERED: Johnson, CDC Reports Clearance Officer, these investigations, NIOSH requests 1. Personnel actions (appointments, 1600 Clifton Road, MS–D24, Atlanta, clearance for data collection in these promotions, assignments, GA 30333. Written comments should be investigations. The total estimated reassignments, and salary actions) received within 60 days of this notice. annual cost to respondents is $40,950. 34066 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Notices

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

Employees (initial interviews) ...... 4,200 1 .25 1,050 Employees (questionnaires, interviews) ...... 5,250 1 .50 2,625 Employees (follow-back questionnaires) ...... 420 1 .5 210 Employers (follow-back questionnaires) ...... 420 1 .5 210

Total ...... 4,095

Dated: June 18, 1997. Eligible Applicants 3. Extent to which proposed changes in Wilma G. Johnson, Applications may be submitted by program objectives, methods of Acting Associate Director for Policy Planning public and private nonprofit operation, staff or contractor(s), or And Evaluation, Centers for Disease Control evaluation procedures will facilitate and Prevention (CDC). organizations and State governments and their agencies. achievement of project goals. [FR Doc. 97–16476 Filed 6–23–97; 8:45 am] 4. Extent to which budget changes or BILLING CODE 4163±18±P Note: An organization described in section requests are clearly justified and 501(c)(4) of the Internal Revenue Code of consistent with the intended use of 1986 which engages in lobbying activities cooperative agreement funds. DEPARTMENT OF HEALTH AND shall not be eligible to receive Federal funds 5. The availability of funds. HUMAN SERVICES constituting an award, grant, contract, loan, or any other form. Use of Funds Centers for Disease Control and Eligible applicants may enter into Restrictions on Lobbying Prevention contractual agreements, as necessary, to Applicants should be aware of meet the requirements of the program [Announcement 772] restrictions on the use of HHS funds for and to strengthen the overall lobbying of Federal or State legislative application. The intent to use such Hepatitis B Vaccination Evaluation bodies. Under the provisions of 31 mechanisms must be stated in the Project in Vietnamese-American U.S.C. Section 1352 (which has been in application and the nature and scope of Children effect since December 23, 1989), work of these mechanisms require the recipients (and their subtier contractors) Introduction approval of CDC. are prohibited from using appropriated The Centers for Disease Control and Awardee(s) must maintain the Federal funds (other than profits from a Prevention (CDC) announces the primary responsibility for conduct of Federal contract) for lobbying Congress availability of funds in fiscal year (FY) the cooperative agreement. The or any Federal agency in connection 1997 for a cooperative agreement awardee, as the direct and primary with the award of a particular contract, program to evaluate feasible methods of recipient of Federal funds, must perform grant, cooperative agreement, or loan. providing hepatitis B vaccine to a substantive role in carrying out project This includes grants/cooperative children 3–16 years of age in the activities and not merely serve as a agreements that, in whole or in part, Vietnamese-American population in the conduit for an award to another party or involve conferences for which Federal United States. provide funds to an ineligible party. CDC is committed to achieving the funds cannot be used directly or Applicants must justify the need to use indirectly to encourage participants to health promotion and disease a contractor. If contractors are proposed, prevention objectives of Healthy People lobby or to instruct participants on how the following must be provided: (1) to lobby. 2000, a national activity to reduce Name of the contractor, (2) method of morbidity and mortality and improve In addition, the FY 1997 HHS selection, (3) period of performance, (4) Appropriations Act, which became the quality of life. This announcement detailed budget, (5) justification for use is related to the priority area of effective October 1, 1996, expressly of contractor, and (6) assurance of non- prohibits the use of 1997 appropriated Immunization and Infectious Diseases. conflict of interest. (For ordering a copy of Healthy People funds for indirect or ‘‘grass roots’’ 2000, see the Section Where to Obtain Availability of Funds lobbying efforts that are designed to Additional Information.) support or defeat legislation pending Approximately $220,000 will be before State legislatures. This new law, Authority available in FY 1997 (for both direct and Section 503 of Pub. L. No. 104–208, indirect costs) to fund one award. It is provides as follows: This program is authorized under expected that the award will begin on or section 317 [42 U.S.C. 247b], of the about September 30, 1997, for a 12- Sec. 503(a) No part of any appropriation Public Health Service Act, as amended. month budget period within a project contained in this Act shall be used, other than for normal and recognized executive- Smoke-Free Workplace period of up to 3 years. Funding legislative relationships, for publicity or CDC strongly encourages all grant estimates may vary and are subject to propaganda purposes, for the preparation, recipients to provide a smoke-free change. distribution, or use of any kit, pamphlet, workplace and promote the nonuse of Continuation awards within the booklet, publication, radio, television, or all tobacco products, and Public Law project period will be made on the basis video presentation designed to support or 103–227, the Pro-Children Act of 1994, of the following criteria: defeat legislation pending before the 1. Satisfactory progress in meeting Congress, * * * except in presentation to the prohibits smoking in certain facilities Congress or any State legislative body itself. that receive Federal funds in which program objectives. (b) No part of any appropriation contained education, library, day care, health care, 2. Extent to which the continuation year in this Act shall be used to pay the salary or and early childhood development objectives are realistic, specific, and expenses of any grant or contract recipient, services are provided to children. measurable. or agent acting for such recipient, related to Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Notices 34067 any activity designed to influence legislation the prevalence rate was 14.4 percent, percent to 90 percent by the close of the or appropriations pending before the 28.8 times the rate in the U.S. general year 2000. The efforts outlined in this Congress or any State legislature. population (0.5 percent). Approximately announcement will help achieve this Department of Labor, Health and one in seven Vietnamese is a chronic important goal. Human Services, and Education, and HBV carrier. It can be anticipated that Hepatitis B virus transmission occurs Related Agencies Appropriations Act, two out of every hundred Vietnamese at a higher rate in Vietnamese families 1997, as enacted by the Omnibus will die of hepatitis B-related liver because HBV infection has been Consolidated Appropriations Act, 1997, disease. endemic in most Asian populations for Division A, Title I, Section 101(e), Pub. During 1995, demonstration projects many centuries. Long before 1970 when L. No. 104–208 (September 30, 1996). in Philadelphia and San Diego have the virus was first discovered the found vaccination rates in Vietnamese lifetime risk for HBV infection in these Background children 3–13 years of age of 4 percent populations was almost 100 percent. Each year the hepatitis B virus (HBV) and 15 percent, respectively. These From 10 percent to 20 percent of the infects at least 150,000 individuals in demonstration projects were designed to pregnant women were chronically the United States and about 5,000 serve all of the APIA groups in several infected and passed the virus on to their people die of the effects of chronic HBV selected communities that were infants at birth. Many of these infants infection. The risk of HBV infection and predominantly South East Asian. The became chronically infected. Many death in the Vietnamese community project staff found that methods which children born to women who did not within the U.S. is about 10 times greater worked well with one Asian ethnic have HBV infection were infected than for the remainder of the U.S. group often were not effective in during childhood from exposure to population. The full implementation of another Asian ethnic group. Within 12 other household members with chronic routine infant hepatitis B vaccination months, hepatitis B vaccination HBV infections. Therefore since this will eventually eliminate HBV completion levels for the combined virus is transmitted by even small transmission. However, a minimum of Asian ethnic groups, located in the amounts of blood, transmission occurs 20 years would be required to targeted geographic areas, were raised to easily within families—hence the label completely vaccinate all children by 20 percent and 30 percent, respectively. a ‘‘family disease.’’ Where someone in vaccinating infants alone. With the The findings of these projects indicated the family is chronically infected the addition of recommendations for that if it were possible, ethnic-group- other household members are very vaccination of adolescents by the age specific health education methods likely to eventually be infected as well. 11–12 years, at the current projected should be identified and implemented These children are exposed in the rate of less than one birth cohort per to improve efficiency and effectiveness family and each successive generation year, it will take at least 10 years to of hepatitis B vaccination catch-up was at higher risk than the previous one provide vaccine to all children. HBV efforts. until the vaccine was developed in the transmission to unvaccinated children These projects identified the need for early 1980’s and now is being provided. could be prevented by conducting health education related to hepatitis B ‘‘catch-up’’ hepatitis B vaccination in several areas. Among the key findings Purpose programs in the children of first from these projects were that a The purpose of the hepatitis B generation immigrants from countries of substantial proportion of the medical vaccination education evaluation high or intermediate HBV endemicity. professionals providing health care to project for Vietnamese children is to Vietnam is one of the countries with the the children of these communities were evaluate feasible methods of ensuring highest endemicity levels where life- unaware (1) of the ACIP hepatitis B vaccination of children 3–16 time risks of HBV infection in the recommendations to vaccinate APIA 3– years of age in the Vietnamese unvaccinated approach 100 percent. 13 year old children with hepatitis B population within the United States, to Vietnamese are the fastest-growing vaccine, (2) that the Federal Vaccines create practical methods for Asian-Pacific Islander ethnic group in for Children (VFC) program provided implementation nationwide, and to the United States. Bureau of Census free hepatitis B vaccine for these estimate hepatitis B vaccination projections for 1997 indicate that there children (70 percent are eligible), and, coverage rates in Vietnamese American are 848,600 Vietnamese in the U.S. (3) of the magnitude of the risk for HBV children ages 3–16 years of age. representing 8.4 percent of the total infection and resulting death these The goals of this demonstration Asian and Pacific Islander American APIA children faced, compared to non- project are: (APIA) population and the largest South API children in the United States. Also, 1. To evaluate and compare the East Asian group in this country. Large the majority of parents of these children effectiveness (including cost- groups of Vietnamese live in major were not aware of the HBV risks, the effectiveness) of two primarily different urban clusters throughout the U.S., availability of a protective vaccine methods of ensuring hepatitis B primarily in California, Texas, the recommended for use in APIA, or of the vaccination of Vietnamese children age metropolitan Washington, DC area, VFC Program. These findings show the 3–16 years by (1) conducting baseline Washington State and Louisiana. The need to provide information to both the assessments of vaccination rates community infrastructure in these health professionals and the parents in (coverage), (2) developing and applying metropolitan areas is well established these communities. the interventions, and (3) measuring the with Vietnamese specific television, On February 28, 1997, CDC convened effectiveness of the interventions. radio, and print media markets. More a special Task Force of medical and 2. To determine the factors that are than 88 percent of Vietnamese are public health professionals from around most predictive of acceptance/ foreign-born and 82 percent of those the country experienced in providing completion of the 3-dose hepatitis B over 5 years of age speak Vietnamese at hepatitis B vaccination to APIA to vaccination series and the barriers home. ensure that a specific APIA vaccination associated with non-acceptance /non- The prevalence of chronic HBV goal will be attained. That goal is to completion in a defined target group of infection is high among Vietnamese in raise hepatitis B vaccination rates in Vietnamese children age 3–16 years. the U.S. Among those who arrived in APIA children born from 1984 through The project will: (1) Provide health the U.S. between 1984 and mid-1987, 1993 from the current level of 10 education resulting in hepatitis B 34068 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Notices vaccination of 20,000 Vietnamese 3. Follow published, scientifically each report will be due 30 days after the children in two of the largest valid methods of sample size and power end of each quarter. Submission due Vietnamese communities in the United calculations, sample selection, survey dates will be established at the time of States, (2) provide a template to aid the design, data collection, data the award. A financial status report national efforts to ensure hepatitis B management and data analysis. (FSR) is due 90 days after the end of vaccination for the estimated 292,756 4. After completing the design, pretest each budget period. An original and two Vietnamese-American children, (3) add and review phases, conduct a baseline copies of a final performance report and to the existing knowledge about ‘‘catch- household sample survey to measure FSR are due no later than 90 days after up’’ hepatitis B vaccination programs in hepatitis B vaccination levels and the end of the project period. Vietnamese communities across the knowledge, attitudes, behaviors, and Progress reports and the final nation, and (4) accurately measure barriers related to hepatitis B performance report must include the hepatitis B vaccination coverage rates in vaccination. following: children ages 3–16 years in three of the 5. After conducting the baseline 1. Restate each objective and under largest Vietnamese communities in the survey using the methods outlined in 2. each address the progress made on each United States in 1998 and again in the above: item listed under Program year 2000. a. Provide the culturally appropriate Requirements section in this education on the risks of HBV infection Program Requirements announcement as well as each specific and benefits of hepatitis B vaccination additional activity included in the In conducting activities to achieve the to all individuals in the two target study recipient’s accepted proposal. purpose of this project, the recipient groups; and 2. Under each objective list and shall be responsible for the activities b. Inform all individuals in the two explain any deviation from the time-line under A., below, and CDC shall be target study groups of the availability of presented and approved in the responsible for conducting activities free hepatitis B vaccinations for most 3– recipient’s accepted proposal; provide under B., below: 16 year old Vietnamese children in the specific steps that are being or will be two target study groups. A. Recipient Activities taken to return to the original agreed 6. Make available the information upon time-line. 1. Develop and implement a research materials developed/modified and/or 3. Under each objective list and design that will evaluate the evaluated during this project for use in explain any problems that have been effectiveness of two separate and similar populations throughout the encountered and the steps that have specific intervention methods. Apply United States as indicated. been or will be taken to overcome these methods, one each, in two separate 7. Develop a final report and prepare problems. Vietnamese communities with a third a manuscript in for submission to a peer 4. Include frequency tabulations for community serving as a comparison. reviewed journal for publication. the key items in the surveys conducted The hepatitis B vaccination efforts in 8. Adhere to the detailed time-line during the reporting period. this third community should be provided by the recipient and approved 5. Succinctly describe and quantify comparable to those being conducted by CDC which includes each major step presentations made during the reporting around the country. However, except for necessary to accomplish the recipient period related to the project. activities listed above. the pre-and post intervention telephone 6. Include, in the appendix, estimates 9. Provide documentation of human surveys conducted with a small random of the number of vaccine recipients by subjects approval. sample of parents, there will not be any dose of hepatitis B vaccine added efforts in this comparison B. CDC Activities administered. community. 1. Provide scientific assistance needed 7. Include, in the appendix, copies of a. Conduct pre- and post-test to produce or adapt the educational key correspondence regarding the measures in these three communities. materials to educate the community demonstration project. b. Develop a media-based intervention members. 8. Include, in the appendix, copies of exclusively, utilizing Vietnamese- 2. Provide technical assistance in all informational materials utilized in language electronic, print and outdoor regard to survey and other assessment the community outreach components of media. and evaluation activities, analysis, this demonstration project. c. Utilize a community mobilization manuscript development and other 9. Include, in the appendix, copies of model which will include the formation activities associated with the project. all survey instruments used or to be of a coalition of community leaders and 3. Coordinate meetings with used in this demonstration project. agencies which will conduct grass-roots, recipients and representatives of other 10. Include any other activity or item person-to-person community organizing education/community outreach and felt by the project director to be activities. evaluation projects. pertinent. 2. Promote the delivery of hepatitis B 4. Provide technical assistance in the All reports must be submitted to Ron vaccine to all eligible Vietnamese development of protocols for a Van Duyne, Grants Management Officer, children age 2–16 within the two target community education and training Attention: David Elswick, Grants study communities through a network program cooperatively with recipients. Management Branch, Procurement and which may include public and private 5. Provide information regarding CDC Grants Office, Centers for Disease clinics, hospitals, and private doctors research projects related to hepatitis B Control and Prevention (CDC), 255 East offices; Women, Infants and Children vaccination in APIA communities. Paces Ferry Road, NE., Room 300, (WIC) and Aid to Families with 6. Collaborate with recipients on the Mailstop E–13, Atlanta, GA 30305. Dependent Children (AFDC) sites as use of media and coalition methods for Application Content well as in day care centers, pre-schools, community health education. and elementary and high school based To assist in developing the clinics; religious and community Technical Reporting Requirements application, applicants should use as organizations; and through in-home Quarterly progress reports are guidance the information provided visitation and mobile vans. required. An original and two copies of below and in the Evaluation Criteria Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Notices 34069 section of the announcement. The serving at least 80 percent of the target at least 1′′ margins, and printed on one application must: population, and a minimum of two side only. 1. Demonstrate that the applicant has school districts within the target Evaluation Criteria the following: population, as well as all subcontractors a. The ability and opportunity to to be hired for any portion of the The application will be reviewed and evaluate three populations of at least project. evaluated according to the following 20,000 Vietnamese people each within a 3. Provide the names, qualifications, criteria: community or geographic area that can and time allocations of the professional 1. The extent to which the applicant’s be defined and approached with a staff to be assigned to this project; the proposal: (a) Demonstrates the television media based immunization support staff available for the applicant’s understanding of the outreach program and which are similar performance of this project; and the purpose of the project and the feasibility on relevant characteristics such as facilities and equipment available for of producing the required results; and demographic, geographic, social performance of this project. (b) includes background information economic status, and health care 4. If applicable, provide a description and other data to demonstrate that the profiles. of any work that is to be performed by applicant has the appropriate b. Established links to the Vietnamese a subcontractor for the applicant. organizational structure, administrative community with culturally appropriate Proposed contracts should identify the support and accessibility to an adequate and sensitive outreach methods. name of the contractor, if known; number of participants in the target c. A history of successful completion describe the services to be performed; populations to accomplish study of telephone survey research projects as provide an itemized budget and objectives, including culturally part of medical or public health justification for the estimated costs of appropriate outreach activities. (20%) outreach programs within the the contract; specify the period of 2. The degree to which the plan of Vietnamese community. performance and method of selection. operation covers the ‘‘Program d. Prior experience in the 5. Provide evidence of collaboration Requirements’’, is consistent with study development and evaluation of effective with various groups necessary for the goals and is realistic, specific, perinatal and universal infant hepatitis conduct of this project. These groups measurable and time-phased, and B vaccination programs within the may include: community organizations, specifies the what, who, where, how Vietnamese population. health care providers, and public health and the timing for start and completion e. Culturally appropriate, commercial professionals from technical or of each step. (20%) quality, topic specific video, audio, academic centers with expertise in 3. The degree to which the applicant’s print, and outdoor media materials appropriate fields. plan demonstrates the scientific previously developed and tested in 6. Demonstrate partnerships with soundness of the research methods and Vietnamese communities. local or regional institutions that can survey instruments to be used. (20%) 2. Include a complete and detailed assist in program implementation. 4. The qualifications and commitment proposal that will serve as the plan and 7. The proposed budget should clearly of the applicant; allocations of time and general protocol for the entire indicate what proportion of each staff effort of staff devoted to the project; and demonstration project. Applicants member’s time is to be allocated to the the qualifications of the primary and should provide a title page; a table of project. support staff. (15%) contents; an introduction section with 8. While there is no legislative 5. The applicant’s ability to goals and objectives; followed with a mandate for matching funds, all local collaborate with other agencies for background section including complete matching resources should be shown conduct of the project, including the but brief descriptions of the target with the proposed budget. degree of commitment and cooperation populations and the current perinatal 9. Detailed budgets are not necessary of collaborating parties. (10%) and routine infant hepatitis B for years two and three, but operational 6. The extent to which the applicant vaccination programs in the target objectives should be included for years demonstrates a cultural competency for population; a methods section with two and three of the project. Applicants the proposed education, training, and educational methods, evaluation and should provide a detailed description of telephone interviewing. (15%) analytic methods, goals and objectives the proposed first year activities. 7. The extent the proposed budget is of each survey as well as list of variables Completed budget forms should be reasonable, with a concise and clear to be measured and questions to be placed at the beginning of the justification, and consistent with the answered by each survey; a detailed application. Applicants should provide intended use of cooperative agreement time-line including all major steps and a detailed budget, with accompanying funds. The application will also be events; an appendix with (1) curricula justification of all costs, that is reviewed as to the adequacy of existing vita of the managers and supervisors consistent with the stated objectives and and proposed facilities and resources for and principal investigator(s) with job planned activities of the project. CDC conducting project activities. (Not descriptions of jobs that will be filled by may not approve or fund all proposed Scored) the cooperative agreement monies; (2) a activities. Applicants should be precise Site visits may be conducted before list of previous or ongoing similar about the program purpose of each final funding decisions are made by projects conducted in this or similar budget item. CDC. Only the organizations with high communities showing the amount of The application pages must be clearly ranking applications will be visited. funding, funding agencies, dates of the numbered and a complete index to the During the visit, CDC staff will project, principal investigator, and a application and its appendices must be determine if all necessary components brief summary of each project; and (3) included. Each section of the proposal for start-up of the project are in place. original letters of support including should be on a new page. The original This meeting will be conducted by the commitments to detailed activities with and each copy of the application set CDC representatives with participation the appropriate signatures from a must be submitted unstapled and by local staff and others who may have minimum of three major community unbound. All material must be interest in this project. Periodic site groups working within the target typewritten, double spaced, with un- visits will be held as indicated population, the health care providers reduced type on 81⁄2′′ by 11′′ paper, with thereafter to monitor progress. 34070 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Notices

Executive Order 12372 Review application, it may be obtained from the 2. Late Applications State Single Point of Contact (SPOC) or Applications are subject to Applications which do not meet the directly from the applicant. Intergovernmental Review of Federal criteria in 1.a. or 1.b. above are Programs as governed by Executive Catalog of Federal Domestic Assistance considered late applications. A late Order (E.O.) 12372. E.O. 12372 sets up Number application will not be considered and a system for State and local government The Catalog of Federal Domestic will be returned to the applicant. review of proposed Federal assistance Assistance Number is 93.283. applications. Applicants should contact Where To Obtain Additional their State Single Point of Contact Other Requirements Information (SPOC) as early as possible to alert them Surveys A complete program description, to the prospective applications and information on application procedures, receive any necessary instructions on To document timely preparation and an application package, and business the State process. For proposed projects allow for input from CDC prior to management technical assistance may serving more than one State, the implementation, DRAFTS of the pre- be obtained from David Elswick, Grants applicant is advised to contact the SPOC intervention baseline household survey Management Specialist, Grants for each affected State. A current list of questionnaire should be sent to CDC Management Branch, Procurement and SPOCs is included in the application within two months of the initial notice Grants Office, Centers for Disease kit. If SPOCs have any State process of grant award date. Control and Prevention (CDC), 255 East A sampling plan for the household recommendations on applications Paces Ferry Road, NE., Room 300, survey should be sent to CDC for review submitted to CDC, they should send Mailstop E–13, Atlanta, GA 30305, and comment prior to implementation. them to Ron Van Duyne, Grants telephone (404) 842–6521, Internet A draft of this plan should be sent in Management Officer, Grants address: [email protected]. writing within one month of receipt of Management Branch, Procurement and Programmatic technical assistance initial notice of grant award. Grants Office, Centers for Disease may be obtained from Gary L. Euler, Control and Prevention (CDC), 255 East Human Subjects DrPH, Chief, Hepatitis Activity, Adult Paces Ferry Road, NE., Room 300, Vaccine Preventable Diseases Branch, Mailstop E–13, Atlanta, GA 30305, no The proposed project involves research on human subjects, therefore, Epidemiology and Surveillance later than 30 days after the application Division, National Immunization deadline. The Announcement Number applicants must comply with the Department of Health and Human Program, Centers for Disease Control and Program Title should be referenced and Prevention (CDC), 1600 Clifton on the document. The granting agency Services Regulations, 45 CFR part 46, regarding the protection of human Road NE. Mailstop E–61, Atlanta, GA does not guarantee to ‘‘accommodate or 30333, telephone (404) 639–8742, explain’’ the State process subjects. Assurance must be provided to Internet address: [email protected]. recommendations it receives after that demonstrate the project will be subject Please refer to Announcement 772 date. to initial and continuing review by an appropriate institutional review when requesting information and Public Health System Reporting committee. The applicant will be submitting an application. Requirements responsible for providing assurance in A copy of ‘‘Healthy People 2000’’ This program is subject to the Public accordance with the appropriate (Full Report; Stock No. 017–001–00474– Health System Reporting Requirements. guidelines and form provided in the 0) or ‘‘Healthy People 2000’’ (Summary Under these requirements, all application kit. Report; Stock No. 017–001–00473–1) community-based nongovernmental referenced in the Introduction may be Application Submission and Deadline applicants must prepare and submit the obtained through the Superintendent of items identified below to the head of the An original and two copies of the Documents, Government Printing appropriate State and/or local health application PHS Form 5161–1 (OMB Office, Washington, DC 20402–9325, agency(s) in the program area(s) that Number 0937–0189) must be submitted telephone (202) 512–1800. may be impacted by the proposed to Ron Van Duyne, Grants Management Dated: June 18, 1997. project no later than the receipt date of Officer, Attention: David Elswick, Joseph R. Carter, Grants Management Branch, the Federal application. The appropriate Acting Deputy Associate Director for State and/or local health agency is Procurement and Grants Office, Centers Management and Operations, Centers for determined by the applicant. The for Disease Control and Prevention Disease Control and Prevention (CDC). following information must be (CDC), 255 East Paces Ferry Road, NE., [FR Doc. 97–16475 Filed 6–23–97; 8:45 am] Room 300, Mailstop E–13, Atlanta, GA provided: BILLING CODE 4163±18±P 1. A copy of the face page of the 30305, on or before August 25, 1997. application (SF424). 1. Deadline 2. A summary of the project that DEPARTMENT OF HEALTH AND The application shall be considered as should be titled ‘‘Public Health System HUMAN SERVICES Impact Statement’’ (PHSIS), not to meeting the deadline if it is either: exceed one page, and include the a. Received on or before the deadline Administration for Children and following: date, or Families a. A description of the population to b. Sent on or before the deadline date be served; and received in time for submission to Submission for OMB Review; b. A summary of the services to be the objective review group. Applicant Comment Request provided; and must request a legibly dated U.S. Postal c. A description of the coordination Service postmark or obtain a legibly Title: Procedures for Requests to Use plans with the appropriate State and/or dated receipt from a commercial carrier Child Care and Development Fund for local health agencies. or the U.S. Postal Service. Private Construction or major Renovation of If the State and/or local health official metered postmarks shall not be Child Care Facilities. should desire a copy of the entire acceptable as proof of timely mailing. OMB No.: New Collection. Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Notices 34071

Description: The Personal tribal grantee must first request and procedures for the solicitation and Responsibility and Work Opportunity receive approval from the consideration of requests. Respondents Reconciliation Act of 1996 (Public Law Administration for Children and will be CCDF tribal grantees requesting 104–193) allows tribal grantees to use Families (ACF) before using CCDF funds to use the CCDF funds for construction Child Care and Development Fund for construction or major renovation. or major renovation. (CCDF) grant awards for construction This information collection contains the Respondents: State governments. and renovation of child care facilities. A statutorily-mandated uniform

ANNUAL BURDEN ESTIMATES

Number of Average Number of responses burden Total bur- Instrument respondents per re- hours per den hours spondent response

Construction and Renovation ...... 100 1 20 2,000 FY 1997 Form ...... 100 1 .05 5

Estimated Total Annual Burden The meeting is canceled due to (Catalog of Federal Domestic Assistance Hours: 2,005. scheduling conflicts of several members Program No. 93.173, Biological Research Additional Information: Copies of the of the Board and will be rescheduled at Related to Deafness and Communication proposed collection may be obtained by a later date. Disorders) writing to The Administration for Dated: June 18, 1997. Dated: June 18, 1997. Children and Families, Office of LaVerne Y. Stringfield, LaVerne Y. Stringfield, Information Services, Division of Committee Management Officer, NIH. Committee Management Officer, NIH. Information Resource Management [FR Doc. 97–16533 Filed 6–23–97; 8:45 am] [FR Doc. 97–16532 Filed 6–23–97; 8:45 am] Services, 370 L’Enfant Promenade, S.W., BILLING CODE 4140±01±M Washington, D.C. 20447, Attn: ACF BILLING CODE 4140±01±M Reports Clearance Officer. OMB Comment: OMB is required to DEPARTMENT OF HEALTH AND make a decision concerning the DEPARTMENT OF HEALTH AND HUMAN SERVICES collection of information between 30 HUMAN SERVICES and 60 days after publication of this National Institutes of Health document in the Federal Register. National Institutes of Health Therefore, a comment is best assured of National Institute of Dental Research; National Institute on Deafness and having its full effect if OMB receives it Notice of Closed Meetings Other Communication Disorders; within 30 days of publication. Written Pursuant to Section 10(d) of the comments and recommendations for the Notice of Closed Meeting Federal Advisory Committee Act, as proposed information collection should Pursuant to Section 10(d) of the amended (5 U.S.C. Appendix 2), notice be sent directly to the following: Office Federal Advisory Committee Act, as is hereby given of the following of Management and Budget, Paperwork amended (5 United States Code National Institute of Dental Research Reduction Project, 725 17th Street, Appendix 2), notice is hereby given of Special Emphasis Panel (SEP) meeting: N.W., Washington, D.C. 20503, Attn: the following meeting: Ms. Wendy Taylor. Name of SEP: National Institute of Dental Name of Committee: Ad Hoc Smell, Taste Research Special Emphasis Panel-Review of Dated: June 19, 1997. and Touch and Chemosensory Disorders R44 (97–54). Bob Sargis, Subcommittee of the National Deafness and Dates: July 15, 1997. Acting Reports Clearance Officer. Other Communication Disorders Advisory Time: 12:00 noon. [FR Doc. 97–16556 Filed 6–23–97; 8:45 am] Council. Place: Natcher Building, Rm. 4AN–44F, National Institutes of Health, Bethesda, MD BILLING CODE 4184±01±M Date: July 23, 1997. Time: 1–3 pm. 20892, (teleconference). Place: National Institutes of Health, Contact Person: Dr. George Hausch, Chief, Building 31C, Conference Room 9, 9000 Grants Review Section, 4500 Center Drive, DEPARTMENT OF HEALTH AND Natcher Building, Room 4AN–44F, Bethesda, HUMAN SERVICES Rockville Pike, Bethesda, MD 20892, (telephone conference). MD 20892, (301) 594–2372. Purpose/Agenda: To evaluate and review National Institutes of Health Contact Person: Mr. Baldwin Wong, Program Analyst, NIDCD/PPHRB, 31 Center grant applications and/or contract proposals. National Center for Research Drive, MSC 2320, Room 3C–31, Bethesda, Name of SEP: National Institute of Dental Resources; Notice of Cancellation of MD 20892–2320, (301) 496–7243. Research Special Emphasis Panel-Review of Meeting Purpose: To recommend individuals to R44 (97–57). serve on a scientific panel to update the Dates: July 24, 1997. Notice is hereby given of the smell, taste and touch and chemosensory Time: 2:00 p.m. cancellation of the meeting of the Board disorders section of the Research Plan. Place: Natacher Building, Rm. 4AN–44F, of Scientific Counselors, National The meeting will be closed in accordance National Institutes of Health, Bethesda, MD Center for Research Resources, July 9– with the provisions set forth in section 20891, (teleconference). 552b(c)(6), Title 5, United States Code. These Contact Person: Dr. George Hausch, Chief, 10, 1997, Building 31, Conference Room discussions could reveal personal Grants Review Section, 4500 Center Drive, 3B13, National Institutes of Health, information concerning these individuals, Natcher Building, Room 4AN–44F, Bethesda, Bethesda, Maryland, which was the disclosure of which would constitute a MD 20892, (301) 594–2372. published in the Federal Register on clearly unwarranted invasion of personal Purpose/Agenda: To evaluate and review May 14, 1997, (62 FR 26550). privacy. grant applications and/or contract proposals. 34072 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Notices

The meetings will be closed in accordance this proposal. Comments must be whether the proposal is new, an with the provisions set forth in secs. 552b(c) received within thirty (30) days from the extension, reinstatement, or revision of (4) and 552b(c)(6), Title 5, U.S.C. date of this Notice. Comments should an information collection requirement; Applications and/or proposals and the refer to the proposal by name and/or and (10) the names and telephone discussions could reveal confidential trade secrets or commercial property such as OMB approval number should be sent numbers of an agency official familiar patentable material and personal information to: Joseph F. Lackey, Jr., OMB Desk with the proposal and of the OMB Desk concerning individuals associated with the Officer, Office of Management and Officer for the Department. applications and/or proposals, the disclosure Budget, Room 10235, New Executive Authority: Section 3507 of the Paperwork of which would constitute a clearly Office Building, Washington, DC 20503. Reduction Act of 1995, 44 U.S.C. 35, as unwarranted invasion of personal privacy. FOR FURTHER INFORMATION CONTACT: amended. (Catalog of Federal Domestic Assistance Kay F. Weaver, Reports Management Dated: June 18, 1997. Program No. 93.121, Oral Diseases and Officer, Department of Housing and David S. Cristy, Disorders Research) Urban Development, 451 7th Street, Acting Director, Information Resources, Dated: June 18, 1997. Southwest, Washington, DC 20410, Management Policy and Management LaVerne Y. Stringfield, telephone (202) 708–0050. This is not a Division. Committee Management Officer, NIH. toll-free number. Copies of the proposed Notice of Submission of Proposed [FR Doc. 97–16534 Filed 6–23–97; 8:45 am] forms and other available documents Information Collection to OMB BILLING CODE 4140±01±M submitted to OMB may be obtained from Ms. Weaver. Title of Proposal: Electronic SUPPLEMENTARY INFORMATION: The Transmission of Required Family Data DEPARTMENT OF HOUSING AND Department has submitted the proposal for Public and Housing Programs. URBAN DEVELOPMENT for the collection of information, as Office: Public and Indian Housing. OMB Approval Number: 2577–0083. [Docket No. FR±4200±N±76] described below, to OMB for review, as required by the Paperwork Reduction Description Of The Need For The Submission for OMB Review: Act (44 U.S.C. Chapter 35). Information And Its Proposed Use: The Comment Request The Notice lists the following purpose of this information collection is information: (1) the title of the to have projects administered under the AGENCY: Office of Administration, HUD. information collection proposal; (2) the public housing, Indian housing, Section ACTION: Notice. office of the agency to collect the 8 Certificate, Rental Voucher, and information; (3) the OMB approval Moderate Rehabilitation programs SUMMARY: The proposed information number, if applicable; (4) the submit certain data electronically to collection requirement described below description of the need for the HUSD in a HUD prescribed format. For has been submitted to the Office of information and its proposed use; (5) housing agencies (HAs) that are not Management and Budget (OMB) for the agency form number, if applicable; already automated or who determine review, as required by the Paperwork (6) what members of the public will be that automation is not cost-effective, Reduction Act. The Department is affected by the proposal; (7) how transmission of the data through the use soliciting public comments on the frequently information submissions will of a service bureau is permitted. subject proposal. be required; (8) an estimate of the total Form Number: HUD–50058. DATES: Comments due date: July 24, number of hours needed to prepare the Respondents: State, Local, or Tribal 1997. information submission including Government. ADDRESSES: Interested persons are number of respondents, frequency of Frequency of Submission: Monthly. invited to submit comments regarding response, and hours of response; (9) Reporting Burden:

Number of re- × Frequency of × Hours per Burden spondents response response = hours

HUD±50058 ...... 4,500 916.5 .42 1,732,185

Total Estimated Burden Hours: ACTION: Notice. to: Joseph F. Lackey, Jr., OMB Desk 1,732,185. Officer, Office of Management and Status: Revision. SUMMARY: The proposed information Budget, Room 10235, New Executive Contact: Earl Simons, HUD, (202) collection requirement described below Office Building, Washington, DC 20503. 708–0744 x4026; Joseph F. Lackey, Jr., has been submitted to the Office of FOR FURTHER INFORMATION CONTACT: OMB, (202) 395–7316. Management and Budget (OMB) for review, as required by the Paperwork Kay F. Weaver, Reports Management Dated: June 18, 1997. Reduction Act. The Department is Officer, Department of Housing and [FR Doc. 97–16504 Filed 6–23–97; 8:45 AM] soliciting public comments on the Urban Development, 451 7th Street, BILLINF CODE 4210±01±M subject proposal. Southwest, Washington, DC 20410, DATES: Comments due date: July 24, telephone (202) 708-0050. This is not a 1997. toll-free number. Copies of the proposed DEPARTMENT OF HOUSING AND forms and other available documents URBAN DEVELOPMENT ADDRESSES: Interested persons are invited to submit comments regarding submitted to OMB may be obtained [Docket No. FR±4200±N±77] this proposal Comments must be from Ms. Weaver. SUPPLEMENTARY INFORMATION: Submission for OMB Review: received within thirty (30) days from the The Comment Request date of this Notice. Comments should Department has submitted the proposal refer to the proposal by name and/or for the collection of information, as AGENCY: Office of Administration, HUD. OMB approval number should be sent described below, to OMB for review, as Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Notices 34073 required by the Paperwork Reduction an information collection requirement; OMB Approval Number: 2577–0036. Act (44 U.S.C. Chapter 35). and (10) the names and telephone Description of the Need for the The notice lists the following numbers of an agency official familiar Information and its Proposed Use: This information: (1) The title of the with the proposal and of the OMB Desk information collection will enable HUD information collection proposal; (2) the Officer for the Department. to determine whether amounts Office of the agency to collect the Authority: Section 3507 of the Paperwork requested or spent are reasonable to Reduction Act of 1995, 44 U.S.C. 35, as services or items purchased, or to actual information; (3) the OMB approval amended. number, if applicable; (4) the or projected development progress so Dated: June 18, 1997. description of the need for the that, if necessary, timely action can be David S. Cristy, information and its proposed uses; (5) taken. It will also enable HUD to the agency form number, if applicable; Acting Director, Information Resources determine PHA’s compliance with the Management Policy and Management U.S. Housing Act of 1937. (6) what members of the public will be Division. affected by the proposal; (7) how Form Number: HUD–52484 and frequently information submission will Notice of Submission of Proposed HUD–52477. be required; (8) an estimate of the total Information Collection to OMB Respondents: State, Local, or Tribal number of hours needed to prepare the Title of Proposal: Public Housing Government and Not-For-Profit informationsubmission including Agency (PHA) Development. Cost Institutions. number of respondents, frequency of Budget/Cost Statement, Actual Frequency of Submission: response, and hours of response; (9) Development Cost Certificate, Recordkeeping, On Occasion, and whether the proposal is new, an Acquisition and Relocation. Quarterly. extension, reinstatement, or revision of Office: Public and Indian Housing. Reporting Burden:

Number of re- × Frequency of × Hours per Burden spondents Response response = hours

HUD±52484, Development Cost ...... 261 2 5 2,610 HUD±52484, Cost Statement ...... 450 4 5 9,000 HUD±52427, Actual Development Cost Certification ...... 113 1 .50 57 Recordkeeping ...... 110 1 .50 55

Total Estimated Burden Hours: OMB approval number should be sent response, and hours of response; (9) 11,722. to: Joseph F. Lackey, Jr., OMB Desk whether the proposal is new, an Status: Reinstatement, with changes. Officer, Office of Management and extension, reinstatement, or revision of Contact: William Flood, HUD, (202) Budget, Room 10235, New Executive an information collection requirement; 870–1640 x4185 Joseph F. Lackey, Jr., Office Building, Washington, DC 20503. and (10) the names and telephone OMB, (202) 395–7316. FOR FURTHER INFORMATION CONTACT: Kay numbers of an agency official familiar Dated: June 18, 1997. F. Weaver, Reports Management Officer, with the proposal and of the OMB Desk [FR Doc. 97–16505 Filed 6–23–97; 8:45 am] Department of Housing and Urban Officer for the Department. BILLING CODE 4210±01±M Development, 451 7th Street, Authority: Section 3507 of the Paperwork Southwest, Washington, DC 20410, Reduction Act of 1995, 44 U.S.C. 35, as telephone (202) 708–0050. This is not a amended. DEPARTMENT OF HOUSING AND toll-free number. Copies of the proposed Dated: June 18, 1997. URBAN DEVELOPMENT forms and other available documents David S. Cristy, submitted to OMB may be obtained [Docket No. FR±4200±N±78] Acting Director, Information Resources from Ms. Weaver. Management Policy and Management Submission for OMB Review: SUPPLEMENTARY INFORMATION: The Division. Comment Request Department has submitted the proposal Notice of Submission of Proposed for the collection of information, as Information Collection to OMB AGENCY: Office of Administration, HUD. described below, to OMB for review, as ACTION: Notice. required by the Paperwork Reduction Title of Proposal: National Low Act (44 U.S.C. Chapter 35). Income Housing Tax Credit (LIHTC) SUMMARY: The proposed information The notice lists the following Database and Analysis. collection requirement described below information: (1) The title of the has been submitted to the Office of Office: Policy Development and information collection proposal; (2) the Research. Management and Budget (OMB) for office of the agency to collect the review, as required by the Paperwork information; (3) the OMB approval OMB Approval Number: 2528–0165. Reduction Act. The Department is number, if applicable; (4) the Description of the Need for the soliciting public comments on the description of the need for the Information and its Proposed Use: This subject proposal. information and its proposed use; (5) research will collect basic data on the DATES: Comments due date: July 24, the agency form number, if applicable; universe of projects developed with 1997. (6) what members of the public will be Federal Low Income Housing Tax ADDRESSES: Interested persons are affected by the proposal; (7) how Credits (LIHTC). The resulting database invited to submit comments regarding frequently information submissions will will be used by HUD for current this proposal. Comments must be be required; (8) an estimate of the total analysis of the locations of LIHTC received within thirty (30) days from the number of hours needed to prepare the projects placed in service from 1995 date of this Notice. Comments should information submission including thorough 1999. The information will refer to the proposal by name and/or number of respondents, frequency of also serve as the sampling frame for 34074 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Notices future, more in-depth studies of the tax Respondents: State, Local, or Tribal Reporting Burden: credit. Government. Form Number: None. Frequency of Submission: Annually.

Number of × Frequency of × Hours per Burden respondents response response = hours

Information Collection ...... 54 1 24 1,297

Total Estimated Burden Hours: 1,297. Dated: June 16, 1997. permits and will be evaluated on a case- Status: Reinstatement, without Noreen K. Clough, by-case basis. changes. Regional Director. DATES: The Service will consider all Contact: Stacy Jordan, HUD, (202) [FR Doc. 97–16408 Filed 6–23–97; 8:45 am] information and comments received by 708–0426; Joseph F. Lackey, Jr., OMB, BILLING CODE 4310±55±P August 25, 1997. (202) 395–7316. ADDRESSES: Please send comments to [FR Doc. 97–16506 Filed 6–23–97; 8:45 am] Chief, Office of Management Authority, BILLING CODE 4210±01±M DEPARTMENT OF THE INTERIOR 4401 North Fairfax Drive, Room 430, Arlington, Virginia 22203. Express and Fish and Wildlife Service messenger deliveries should be DEPARTMENT OF THE INTERIOR Exports of Live American Alligators addressed to the same address. Materials received will be available for Fish and Wildlife Service AGENCY: Fish and Wildlife Service, public inspection by appointment from Interior. 7:45 am to 4:15 pm, Monday through Notice of Receipt of Application for ACTION: Notice. Friday, at the Office of Management Endangered Species Permit Authority. SUMMARY: The Fish and Wildlife Service The following applicant has applied (Service) has received information that FOR FURTHER INFORMATION CONTACT: for a permit to conduct certain activities raises concerns on the conservation Kenneth Stansell, Chief, Office of with endangered species. This notice is implications of the export of live Management Authority, phone 703– provided pursuant to Section 10(c) of American alligators. This notice is to 358–2095, fax 703–358–2280. the Endangered Species Act of 1973, as request submission to the Service of any SUPPLEMENTARY INFORMATION: The Office amended (16 U.S.C. 1531 et seq.): information that may be available on the of Management Authority has recently Applicant: Eco-Tech, Inc., Frankfort, impacts of exports of live American received requests from the Florida Game Kentucky, Hal Bryan, President and Senior alligators. In addition, the Service and Freshwater Fish Commission and Ecologist recently denied an application, and the Louisiana Department of Wildlife PRT–810274 other current applications in process and Fisheries that the Service review The applicant requests an amendment raise questions concerning eligibility. the criteria for issuance of permits for to their existing permit to take (capture, The Service announces review of all commercial export of live American radio-tag selected individuals, and available information relating to such alligators and to restrict issuance of release) Indiana bats, Myotis sodalis, export to determine to what extent the permits until a review is completed. and gray bats, M. grisescens, for the export of live alligators meet the Both States have a number of purpose of enhancement of survival of Convention on International Trade in conservation concerns about the export the species. The amendment would add Endangered Species of Wild Fauna and of these animals. In addition, the IUCN Missouri and West Virginia to the Flora (CITES) and Service criteria for Crocodile Specialist Group has provided geographic area in which activities are permit issuance. This will allow the the Service with information that currently authorized: Kentucky, agency to examine the potential impacts emphasizes the serious ecological Tennessee, Georgia, Ohio, Virginia, New of future exports of American alligators consequences of establishing feral Jersey, and Indiana. on the species, on other crocodilians, populations of exotic species of Written data or comments on this and on American alligator conservation crocodilians, especially in areas with application should be submitted to: programs. Information collected will be native crocodilians. Regional Permit Biologist, U.S. Fish and used in evaluating current and future Each permit application must be Wildlife Service, 1875 Century permit applications to ensure that any carefully evaluated to ensure Boulevard, Suite 200, Atlanta, Georgia permits issued comply fully with all compliance with all applicable 30345. All data and comments must be requirements, including Executive regulations and executive orders before received by July 24, 1997. Order 11987, Exotic Organisms. If a permit can be issued. For American Documents and other information requested, a public meeting or meetings alligators, their parts, or products, an submitted with this application are will be used to assist the Service in export permit can only be issued if the available for review, subject to the analyzing the information. While the Service can determine: requirements of the Privacy Act and Service will continue to review 1. That the export will not be Freedom of Information Act, by any applications on a case-by-case basis, any detrimental to the survival of the party who submits a written request for general policy or determinations species (Code of Federal Regulations, a copy of such documents to the developed as a result of this review will Title 50, 23.15(d)(1)); following office by July 24, 1997: U.S. be published in the Federal Register for 2. That the animals to be exported Fish and Wildlife Service, 1875 Century notice and comment. Applications for were not obtained in violation of laws Boulevard, Suite 200, Atlanta, Georgia export of live American alligators for for their protection (50 CFR 23.15(d)(2); 30345 (Attn: David Dell, Permit scientific research, for zoological 3. That the authorization requested Biologist); Telephone: 404/679–7313; display, or as personal pets appear to does not potentially threaten a wildlife Fax: 404/679–7081. continue to be generally eligible for population (50 CFR 13.21(b)(4)); and Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Notices 34075

4. That the requirements of Executive Parties which will be held in June 1997 display, or as personal pets, will be Order 11987, Exotic Organisms, are met. in Zimbabwe. The paper notes that: ‘‘In evaluated on a case-by-case basis. After (This Executive Order requires the United States, well over 300 a review of the potential impacts of live ‘‘Executive agencies * * * to restrict the nonindigenous fish and wildlife species American alligator export on the status use of Federal funds, programs, or of foreign origin have already of wild American alligator populations authorities used to export native species established free-living populations, in the United States, as well as a review for the purpose of introducing such approximately 122 of which are causing of whether or not the export may be species into ecosystems outside the harm and threatening biodiversity detrimental to any wildlife or plant United States where they do not (Office of Technology Assessment population into which the American naturally occur.’’ In this instance, 1993). Although some of these species alligators may be introduced. Any introduction is defined to include ‘‘the were introduced intentionally, many determinations or general policy will be release, escape, or establishment of an became established by accident. The published in the Federal Register for exotic species into a natural ecosystem.’’ risk of deleterious introductions, both notice and comment. In relation to Executive Order 11987, intentional and unintentional, from Exotic Organisms, there has been an species in international commercial Information Requested increasing awareness at the trade remains grave.’’ In response to information provided international level of the problems The IUCN Crocodile Specialist Group to the Service that raises concerns about associated with species that are, has contacted the Service outlining its the way in which applications for inadvertently or otherwise, introduced concern about ‘‘the potentially serious export of live American alligators are into ecosystems where they do not ecological consequences of establishing evaluated, the increasing number of usually occur (also referred to as alien feral populations of exotic species of applications for export of live American species). International conservation crocodilians, including competition alligators, and statements from bodies have recently addressed these with native species, impact on prey applicants that more applications for issues and the problems associated with species, interbreeding with native export would be forthcoming, the them. In July 1996, the United Nations crocodilians and introduction of Service is seeking additional Environment Programme (UNEP), the diseases * * *. The Crocodile Specialist information and public input about the Secretariat for the Convention on Group of the SCC/IUCN RECOMMENDS conservation impacts of commercial Biological Diversity, UNESCO, and the that crocodile species should not be export of live American alligators and/ Scientific Committee on Problems of the used for commercial farming operations or their eggs. Information sought would Environment (SCOPE) of the outside their historical range where include: (1) potential deleterious effects International Council of Scientific those operations are located within the of exported live American alligators on Unions (ICSU) sponsored a Conference range of other native species of ecosystems outside their natural range on Alien Species in Trondheim, crocodilians.’’ This increased into which they may (inadvertently or Norway. This Conference provided a international focus is providing otherwise) be introduced; (2) potential forum for dialogue among scientists and information that should be taken into impacts on State management programs policy makers on research and consideration when permit applications for this species in the United States management issues related to alien are evaluated. including the effectiveness of the species, contributed to ongoing In 1995, 10 CITES export permits programs and successful enforcement of deliberations in international and were issued for the export of 592 live national fora dealing with these issues, American alligators. In 1996, 15 CITES legal trade in American alligator and developed a sound scientific export permits were issued for the specimens; (3) potential effects of knowledge base on issues related to export of 2,151 live American alligators. American alligators on other crocodilian alien species. The Service currently has several species and their habitats in other At the World Conservation Congress applications for export of a total of over countries (especially where examples in October 1996, the IUCN/SSC Invasive 2,300 American alligators. Some can be cited); and (4) documented Species Specialist Group conducted a applicants have already stated that they examples of effects of other crocodilians workshop on ‘‘Dealing with Alien plan to apply for additional export introduced outside of their native range. Invasive Species.’’ During the course of permits for live American alligators. Because there is no ability to monitor this workshop, draft guidelines for the One application has been denied. subsequent re-export of specimens after prevention of biodiversity loss due to In order to ensure that any export the initial export from the United States, biological invasion were made available permits issued fully comply with the Service is also soliciting comments for further discussion and Executive Order 11987 as well as all regarding export of live American consideration. The IUCN/SSC Invasive other requirements, the Service is alligators to countries outside the range Species Specialist Group is developing seeking information on the possible of any crocodilian. a global database of invasive species. conservation impacts of export of live Future Actions The IUCN workshop was followed by American alligators, including impacts further discussion of the invasive on State management programs for this Comments received through this species issue at the Third Conference of species in the United States, and on the notice will be used in evaluating current the Parties of the Convention on potential deleterious effects of exported and future applications for export of live Biological Diversity (CBD) held in live American alligators on ecosystems American alligators. All information Buenos Aires, Argentina, in November outside their natural range into which received in response to this notice will 1996. they may be introduced. Information be thoroughly reviewed and evaluated, In response to concern over this issue, collected will be used in evaluating and a decision will be made on whether the U.S. Fish and Wildlife Service has current and future applications to to develop a policy proposal on this prepared a discussion document ensure that any permits issued are issue. Applications for export of entitled ‘‘Trade in Alien Species.’’ The issued in compliance with all current American alligators for scientific Service has asked that the topic be requirements. Applications for export of research, for zoological display, or as included on the agenda of the meeting American alligators, including those for personal pets will be evaluated on a of the tenth CITES Conference of the scientific research, for zoological case-by-case basis. If requested in 34076 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Notices writing, the Service will hold public EFFECTIVE DATE: This closure will SUMMARY: The U. S. Bureau of Land meetings concerning the issue. become effective upon publication in Management’s Ukiah (Northwest Dated: June 17, 1997. the Federal Register. California) Resource Advisory Council Jay L. Gerst, FOR FURTHER INFORMATION CONTACT: will meet Thursday and Friday, July 24 and 25, 1997, at the Victorian Inn, 1709 Acting Director. Phil Damon, Acting Clear Lake Resource Area Manager at 707–468–4000. Main Street (Highway 299), Weaverville, [FR Doc. 97–16519 Filed 6–23–97; 8:45 am] CA. The meeting will include a business BILLING CODE 4310±55±P SUPPLEMENTARY INFORMATION: This closure applies to BLM lands located session and field tour. within the Quail Ridge Reserve (QRR) at SUPPLEMENTARY INFORMATION: The DEPARTMENT OF THE INTERIOR Lake Berryessa in Napa County, Thursday, July 24 meeting begins at 10 California. In a Cooperative Agreement a.m. in the conference room of the Bureau of Land Management approved in 1992 between the Regents Victorian Inn. Agenda items include a of the University of California and the review of the BLM-California draft [CA±340±1110±00] Bureau of Land Management, the BLM environmental impact statement on agreed to provide to the University of Standards for Healthy Rangelands and Hunting Closure on Identified Public California the use of the above- Guidelines for Livestock Grazing. The Lands, CA described public lands for teaching, council will also hear a subcommittee research, and other educational report on the proposed Yahi-Ishi AGENCY: Bureau of Land Management, purposes. In this agreement the BLM National Conservation Area, and a Interior. also agreed to support a hunting closure subcommittee report on recreation user ACTION: Hunting Closure on Identified on these lands primarily to avoid fees. Public comments will be taken at Public Lands, California. potential conflicts with animal 1 p.m. Depending on the number of population studies, but also to decrease persons wishing to speak, a time limit SUMMARY: In cooperation with the the safety hazards to researchers and could be imposed. California Department of Fish and visitors during hunting seasons. On Friday, July 25, the members will Game, the U.S. Bureau of Reclamation, QRR includes lands owned and convene at 8 a.m. the Victorian Inn and the Regents of the University of managed by the agencies and depart immediately for a field tour of California, the Quail Ridge Wilderness organizations listed in the above conservation projects in the BLM’s Conservancy, and the Quail Ridge Summary of this Notice. With the Redding Resource Area. Members of the Association, and under authority of 43 exception of the BLM, all lands owned public are invited on the tour. They CFR 8364.1, the Clear Lake Resource and managed by these agencies and must provide their own four-wheel- Area of the Bureau of Land Management organizations have already been closed drive transportation and lunch. The tour is designating as closed to hunting to all hunting. The Department of Fish will conclude at 3 p.m. approximately 558.38 acres of BLM and Game has not enforced the hunting FOR ADDITIONAL INFORMATION CONTACT: lands. These public lands are located closure on DFG-administered lands Chuck Schultz, BLM Redding Resource within the Quail Ridge Reserve at Lake because it is very difficult to determine Area Manager, (916) 224–2100. Berryessa in Napa County, California common boundaries between the BLM Joseph J. Fontana, and are cooperatively managed by the lands and DFG lands on the ground. In Public Affairs Officer. above agencies and organizations as the the absence of a hunting closure on [FR Doc. 97–16477 Filed 6–23–97; 8:45 am] Quail Ridge Reserve. The 558.38 acres BLM lands, the integrity of the BILLING CODE 4310±40±P of BLM lands closed to hunting are cooperative management of QRR by legally described as: agencies and organizations which Township 7 North, Range 3 West, MDM, already have hunting closures in place DEPARTMENT OF THE INTERIOR Sec. 1, W1⁄2 Lot 2 in the NE1⁄4, 38.38 acres; will be compromised. Implementing the Sec. 1, W1⁄2 Lot 1 in the NE1⁄4, 40 acres; hunting closure on BLM lands is Bureau of Reclamation Sec. 2, SE1⁄4 NE1⁄4, 40 acres. necessary to complete the final link in Bay-Delta Advisory Council Meetings Township 8 North, Range 3 West, MDM, the cooperative goal of closing lands Sec. 25, SE1⁄4 NE1⁄4, S1⁄2NW1⁄4, SW1⁄4, within QRR to hunting. As stated, the AGENCY: Bureau of Reclamation, W1⁄2SE1⁄4, 360 acres; BLM has signed cooperative agreement Sec. 26, SE1⁄4 NE1⁄4, 40 acres; Interior. Sec. 35, NE1⁄4 NE1⁄4, 40 acres. to support a hunting closure. ACTION: Notice of meetings. Phil Damon, This is a permanent year-round SUMMARY: Acting Clear Lake Resource Area Manager. The Bay-Delta Advisory hunting closure until and unless the Council (BDAC) will meet to discuss [FR Doc. 97–16478 Filed 6–23–97; 8:45 am] Management Team for the Quail Ridge several issues including: an overview Reserve agrees to rescind or modify the BILLING CODE 4310±40±M and discussion of the process to closure. An exception to this closure are evaluate and narrow the program special hunts agreed upon by the DEPARTMENT OF THE INTERIOR alternatives; an update on the activities Management Team as necessary to of the Ecosystem Restoration program control the proliferation of nonnative Bureau of Land Management and the Ecosystem Roundtable game species i.e. feral pigs. Any special subcommittee; an update from the fact hunts will be coordinated by the [CA±360±1020±00] finding BDAC work groups (finance, California Department of Fish and ecosystem restoration and assurances); Game. Resource Advisory Council Meeting, and other issues. The Ecosystem A map depicting BLM lands to be Ukiah (Northwest California) Redding, Roundtable (a subcommittee of the closed to hunting is available upon CA BDAC) will meet to discuss the request from the Clear Lake Resource AGENCY: Bureau of Land Management following issues: the evaluation and Area office of the BLM in Ukiah, selection process for the 1997 Category ACTION: Notice of meeting. California. III Request for Proposals; contract Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Notices 34077 administration for the selected quality, restore health to the Bay-Delta pay collectively $70,000 in civil proposals; and future priorities and ecosystem, provide for a variety of penalties. schedule for the Restoration beneficial uses, and minimize Bay-Delta The Department of Justice will receive Coordination Program. Interested system vulnerability. A group of citizen for a period of thirty (30) days from the persons may make oral statements to the avisors representing California’s date of this publication comments BDAC or to the Ecosystem Roundtable agricultural, environmental, urban, relating to the Consent Decree. or may file written statements for business, fishing, and other interests Comments should be addressed to the consideration. who have a stake in finding long term Assistant Attorney General of the DATES: The Bay-Delta Advisory Council solutions for the problems affecting the Environment and Natural Resources meeting will be held from 9:30 am to Bay-Delta system has been chartered Division, Department of Justice, 5:00 pm on Tuesday, July 22, 1997. The under the Federal Advisory Committee Washington, D.C. 20530, and should Ecosystem Roundtable will meet from Act (FACA) as the Bay-Delta Advisory refer in United States v. M & O 9:30 am to 4:00 pm on Friday, July 11, Council (BDAC) to advise CALFED on Environmental Company, et al., D.J. Ref. 1997. the program mission, problems to be 90–5–2–1–1885. ADDRESSES: The Bay-Delta Advisory addressed, and objectives for the The Consent Decree may be examined Council will meet at the Sacramento CALFED Bay-Delta program. BDAC at the Office of the United States Convention Center, 1400 J Street, provides a forum to help ensure public Attorney, Northern District of Illinois, Sacramento, CA. The Ecosystem participation, and will review reports Everett McKinley Dirksen Building, Roundtable will meet in Room 1131, and other materials prepared by Fifth Floor, 219 South Dearborn Street, 1416 Ninth Street, Sacramento, CA. CALFED staff. BDAC has established a Chicago, Illinois 60604, at the Region V CONTACT PERSON FOR MORE INFORMATION: subcommittee called the Ecosystem Office of the Environmental Protection For the BDAC meeting, contact Sharon Roundtable to provide input on annual Agency, 200 West Adams Street, Gross, CALFED Bay-Delta Program, at work plans to implement ecosystem Chicago, Illinois, and at the Consent (916) 657–2666. For the Ecosystem restoration projects and programs. Decree Library, 1120 G Street, N.W., 4th Roundtable meeting contact Kate Minutes of the meetings will be Floor, Washington, D.C. 20005, (202) Hansel, CALFED Bay-Delta Program, at maintained by the CALFED Bay-Delta 624–0892. A copy of the proposed (916) 657–2666. If reasonable Program, Suite 1155, 1416 Ninth Street, Consent Decree may be obtained in accommodation is needed due to a Sacramento, CA 95814, and will be person or by mail from the Consent disability, please contact the Equal available for public inspection during Decree Library, 1120 G Street, N.W., 4th Employment Opportunity Office at (916) regular business hours, Monday through Floor, Washington, D.C. 20005. In 653–6952 or TDD (916) 653–6934 at Friday within 30 days following the requesting a copy, please enclose a least one week prior to the meeting. meeting. check in the amount of $26.75 (25 cents per page reproduction cost) payable to SUPPLEMENTARY INFORMATION: The San Dated: June 18, 1997. the Consent Decree Library. Francisco Bay/Sacramento-San Joaquin Robert Stackhouse, Bruce Gelber, Delta Estuary (Bay-Delta system) is a Acting Regional Director, Mid-Pacific Region. Deputy Chief, Environmental Enforcement critically important part of California’s [FR Doc. 97–16479 Filed 6–23–97; 8:45 am] natural environment and economy. In Section, Environment and Natural Resources BILLING CODE 4310±94±M recognition of the serious problems Division. facing the region and the complex [FR Doc. 97–16433 Filed 6–23–97; 8:45 am] resource management decisions that BILLING CODE 4410±15±M DEPARTMENT OF JUSTICE must be made, the state of California and the Federal government are working Notice of Lodging of Consent Decree DEPARTMENT OF JUSTICE together to stabilize, protect, restore, Pursuant to the Clean Air Act and enhance the Bay-Delta system. The Notice of Lodging of Consent Decree State and Federal agencies with Notice is hereby given that on June 6, Pursuant to the Comprehensive management and regulatory 1997, a proposed Consent Decree in Environmental Response, responsibilities in the Bay-Delta system United States v. M & O Environmental Compensation, and Liability Act are working together as CALFED to Company, et al., Civil No. 1:96–CV– provide policy direction and oversight 1786, was lodged with the United States Notice is hereby given that a proposed for the process. District Court for the Northern District consent decree in United States v. One area of Bay-Delta management of Illinois. This Consent Decree resolves Torger L. Oaas, et al., Civil Action No. includes the establishment of a joint claims against two parties, Luse 90–75–BU–PGH (D. Montana), was State-Federal process to develop long- Asbestos Removal Company (‘‘Luse’’) lodged on May 29, 1997 with the United term solutions to problems in the Bay- and Carnow Conibear & Associates Ltd States District Court for the District of Delta system related to fish and wildlife, (‘‘Carnow’’), for violations of Sections Montana, Butte Division. The proposed water supply reliability, natural 112 and 114 of the Clean Air Act consent decree resolves the United disasters, and water quality. The intent (‘‘Act’’), 42 U.S.C. §§ 7412 and 7414, States’s claims for response costs at the is to develop a comprehensive and and various work practice standards and Montana Pole and Treating Plant balanced plan which addresses all of the notice requirements promulgated as part Superfund Site pursuant to Sections 107 resource problems. This effort, the of the National Emission Standard for and 113(g) of the Comprehensive CALFED Bay-Delta Program (Program), Hazardous Air Pollutants for asbestos Environmental Response, is being carried out under the policy (‘‘asbestos NESHAP’’). Compensation, and Liability Act of 1980 direction of CALFED. The CALFED Bay- The Consent Decree requires Luse and (‘‘CERCLA’’), as amended, 42 U.S.C. Delta Program is exploring and Carnow to comply with the asbestos sections 9607 and 9613(g). Under the developing a long-term solution for a NESHAP and the Act of each demolition terms of this settlement, the Settling cooperative planning process that will and/or renovation operation that is Defendants, Torger L. Oaas, Martha determine the most appropriate strategy owned, leased, operated, controlled or Oaas, and the Montana Pole and and actions necessary to improve water supervised by Luse or Carnow and to Treating Plant (‘‘MPTP’’) will play the 34078 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Notices

United States the sum of $10,000 in DEPARTMENT OF JUSTICE cost), payable to the Consent Decree settlement of the United States’ past library. response cost claims for cleanup of Notice of Lodging of Consent Decree Walker Smith, contaminated soils and groundwater at Pursuant to the Comprehensive Deputy Chief, Environmental Enforcement the Montana Pole and Treating Plant Environmental Response, Section. Superfund Site located in Silver Bow Compensation and Liability Act [FR Doc. 97–16431 Filed 6–23–97; 8:45 am] (CERCLA) County near Butte, Montana. In BILLING CODE 4410±15±M addition, Settling Defendants will deed In accordance with Departmental over, to a custodian to be identified by policy, 28 CFR section 50.7, and with DEPARTMENT OF JUSTICE EPA, the Oaas’s residence and MPTP’s Section 122 of CERCLA, 42 U.S.C. on-site property, for long term operation § 9622, notice is hereby given that a Notice of Lodging of Consent Decree and maintenance of the remedy. In consent decree in United States v. Pursuant to Comprehensive return, the United States will pay School District of Philadelphia, Board of Environmental Response, $110,000 for the Oaas’s residence and Education, No. 97–3829, (E.D. Pa.) was Compensation and Liability Act provide a covenant not to sue to the lodged on June 3, 1997, with the United (CERCLA) Settling Defendants limited to past States District Court for the Eastern response costs. This proposed Consent District of Pennsylvania. The consent In accordance with Department of Decree also settles potential counter- decree resolves the claims of the United Justice policy and 28 CFR § 50.7, notice claims against the United States, the States pursuant to Section 17 of the is hereby given that on June 5, 1997, a State of Montana and the Environmental Toxic Substances Control Act (‘‘TSCA’’), proposed Consent Decree in United Protection Agency’s response action 15 U.S.C. section 2616. The United States v. City of Stoughton, Civil No. 96–C–887, was lodged in the United contractors, Riedel Environmental States seeks permanent injunctive relief States District Court for the Western Services, Inc. and Roy F. Weston, Inc. for violations by Defendant, the Philadelphia School District, Board of District of Wisconsin. The Complaint The Department of Justice will Education (‘‘the School District’’), of filed by the United States and joined by receive, for a period of thirty (30) days Sections 6(e) and 15 of TSCA, 15 U.S.C. the State of Wisconsin sought to recover from the date of the publication, sections 2605(e), 2614, and regulations costs incurred by the United States comments relating to the proposed promulgated thereunder, codified at 40 pursuant to CERCLA, 42 U.S.C. § 9601 partial consent decree. Comments CFR Part 761, affecting the use, marking, et seq., at the Stoughton Municipal should be addressed to the Assistant disposal, and recordkeeping Landfill Site in Stoughton, Wisconsin. Attorney General for the Environment requirements for electrical transformers The Consent Decree requires Defendant and Natural Resources Division, containing polychlorinated biphenyls City of Stoughton to reimburse the Department of Justice, Washington, D.C. (‘‘PCBs’’). Defendant is obligated under United States and the State of 20530, and should refer to United States the consent decree to take remedial Wisconsin each in the amount of v. Torger L. Oaas, et al., Civil Action No. action under TSCA regulations. $750,000. The Department of Justice will receive 90–75–BU–PGH (D. Montana), DOJ Ref. The Department of Justice will #90–11–2–429. for a period of thirty (30) days from the receive, for a period of thirty (30) days date of this publication comments The proposed consent decree may be from the date of this publication, concerning the proposed Consent examined at the United States comments relating to the consent Decree. Comments should be addressed Department of Justice, Environment and decree. Comments should be addressed to the Assistant Attorney General, Natural Resources Division, Denver to the Assistant Attorney General for the Environment and Natural Resources Field Office, 999 18th Street, North Environment and Natural Resources Division, U.S. Department of Justice, Tower Suite 945, Denver, Colorado, Division, Department of Justice, P.O. Box 7611, Ben Franklin Station, 80202 and at the Consent Decree Washington, D.C. 20530, and should Washington, D.C. 20044, and should Library, 1120 G Street, N.W., 4th Floor, refer to United States v. School District refer to United States v. City of of Philadelphia, Board of Education, Stoughton, D.J. Ref. No. 90–11–2–784C. Washington, D.C. 20005, 202–624–0892. # A copy of the proposed partial consent DOJ Ref. 90–5–1–4353. Comments The proposed Consent Decree may be decree may be obtained in person or by may also be addressed to the United examined at any of the following offices: States Attorney, Eastern District of mail from the Consent Decree Library, (1) the United States Attorney for the Pennsylvania, c/o Ms. Nadine Overton, 1120 G Street, N.W., 4th Floor, Western District of Wisconsin, 660 West 615 Chestnut Street, Suite 1250, Washington Avenue, Suite 220, Washington, D.C. 20005. In requesting a Philadelphia, PA. copy, please refer to the referenced case Madison, WI 53703 (contact Assistant and enclose a check in the amount of The consent decree may be examined United States Attorney Mark Cameli); $11.50 (25 cents per page reproduction and copied at the Office of the Clerk, (2) the U.S. Environmental Protection U.S. District Court for the Eastern Agency, Region 5, 77 West Jackson costs), payable to the Consent Decree District of Pennsylvania; or the Region Boulevard, Chicago, Illinois 60604–3590 Library. III Office of the Environmental (contact Assistant Regional Counsel Bruce S. Gelber, Protection Agency, c/o Ms. Donna John Tielsch); and (3) at the Consent Deputy Chief, Environmental Enforcement Mastro, 841 Chestnut Street, Decree Library, 1120 G Street, N.W., 4th Section. Philadelphia, PA. A copy of the consent Floor, Washington, D.C. 20005, 202– [FR Doc. 97–16432 Filed 6–23–97; 8:45 am] decree may also be obtained in person 624–0892. Copies of the proposed BILLING CODE 4410±15±M or by mail from the Consent Decree Consent Decree may be obtained in Library, 1120 G Street NW., 4th Floor, person or by mail from the Consent Washington, D.C. 20005. In requesting a Decree Library, 1120 G Street, N.W., 4th copy please refer to the referenced case Floor, Washington, D.C. 20005, and enclose a check in the amount of telephone (202) 624–0892. For a copy of $8.00 (25 cents per page reproduction the Consent Decree please enclose a Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Notices 34079 check in the amount of $9.75 (25 cents Dearborn Street, Chicago, Illinois 60604. Oriented Policing Services, is seeking per page reproduction costs) payable to Copies of these materials may be proposals for assessment of four Consent Decree Library. obtained from the Antitrust Division alternative approaches to 911 calls for Bruce S. Gelber, upon request and payment of the service. These four new approaches are Deputy Section Chief, Environmental copying fee set by Department of Justice part of an effort to relieve the demand Enforcement Section, Environment and regulations. on the current 911 emergency number Natural Resources Division. Interested persons may submit by reducing the number of non- [FR Doc. 97–16434 Filed 6–23–97; 8:45 am] comments regarding the proposed emergency calls. Proposals should BILLING CODE 4410±15±M termination of the Judgments to the outline an overall research strategy for Department. Such comments must be assessment of each of the four received by the Department within sixty participating sites: Baltimore, Maryland; DEPARTMENT OF JUSTICE (60) days and will be filed with the Buffalo, New York; Dallas, Texas; and Court by the Department. Comments Phoenix, Arizona. Antitrust Division should be addressed to Mildred L. In Baltimore a non-emergency Calhoun, Trial Attorney, Midwest number, 311, is being used as an U.S. v. Sealy Corporation Office, Antitrust Division, Suite 600, alternative to dialing 911. Callers may 209 S. LaSalle Street, Chicago, Illinois dial the 311 number directly; or they Notice is hereby given that defendant 60604 (Telephone (312) 353–7530). may be transferred there by the 911 Sealy Corporation, successor to the Rebecca P. Dick, operator or other department telephone former Sealy, Inc. (now named the Ohio Deputy Director of Operation. exchange. An anticipated effect of this Mattress Company Licensing and restructuring is that it will free-up Components Group), has filed with the [FR Doc. 97–16435 Filed 6–23–97; 8:45 am] BILLING CODE 4410±11±M officers to be more pro-active in their United States District Court for the services. Northern District of Illinois a motion to Dallas officials are also using 311 as terminate the two Judgments entered in DEPARTMENT OF JUSTICE a non-emergency alternative, and in the United States v. Sealy, Inc., Civil No. process have consolidated city agency 60–C–844, and a motion to modify the [OJP(NIJ)±1136] dispatches in order to provide first Judgment, entered on December 30, RIN 1121±ZA82 community-oriented government. 911 is 1964, during the pendency of the used for all police, EMS, and fire Motion to Terminate. In a Stipulation National Institute of Justice emergencies and 311 is used for all non- also filed with the Court, the Solicitation for Reducing Non- emergency requests for city services. Department of Justice (‘‘Department’’) Emergency Calls to 911: An The expected benefits are the relief of has tentatively consented to termination Assessment of Four Approaches to the 911 call load and new 24-hour of the Judgments, but has reserved the Handling Citizen Calls for Service access by citizens to city agencies right to withdraw its consent pending offered by 311. receipt of public comments. AGENCY: Office of Justice Programs, The Buffalo Police Department has The complaint in this case, filed on National Institute of Justice, Justice. made many attempts in the last two May 31, 1960, alleged that Defendant ACTION: Notice of solicitation. decades to improve their emergency had conspired with its respective response system. The latest has been to SUMMARY: Announcement of the licensee owners to illegally allocate institute a seven-digit non-emergency availability of the National Institute of exclusive territories and to fix retail number. 911 Operators will continue to Justice ‘‘Reducing Non-Emergency Calls prices. Judgments were entered after a receive the non-emergency calls but will to 911: An Assessment of Four trial on the merits on December 30, 1964 have the option of transferring them to Approaches to Handling Citizen Calls and after an appeal to the United States 22 city agencies. Supreme Court on December 26, 1967. for Service.’’ The Phoenix Police Department had The Judgments prohibited Sealy from DATES: The deadline for receipt of established a seven digit service number establishing territories for its proposal is close of business July 29, before the 911 system was adopted some distributors’ sale of its mattresses and 1997. years ago. They currently use a from engaging in resale price ADDRESSES: National Institute of Justice, combination of the two numbers in maintenance. 633 Indiana Avenue, N.W., Washington, which all calls are directed to the 911 The Department has filed with the D.C. 20531. operators but calls placed using 911 are Court a memorandum setting forth the FOR FURTHER INFORMATION CONTACT: For given higher priority while the seven reasons why the Government believes a copy of the solicitation, please call digit requests may be placed on hold that termination of the Judgments would NCJRS 1–800–851–3420. For general and taken in turn. serve the public interest. Copies of the information about application Interested organizations should call Defendant’s motion papers, the procedures for solicitations, please call the National Criminal Justice Reference Stipulation containing the the U.S. Department of Justice Response Service (NCJRS) at 1–800–851–3420 to Government’s consent, the Center 1–800–421–6770. obtain a copy of ‘‘Reducing Non- Government’s memorandum and all Emergency Calls to 911: An Assessment SUPPLEMENTARY INFORMATION: further papers filed with the court in of Four Approaches to Handling connection with this motion will be Authority Citizens Calls for Service’’ (refer to available for inspection at the legal This action is authorized under the document no. SL000230). The Procedure Unit of the Antitrust Omnibus Crime Control and Safe Streets solicitation is available electronically Division, Room 215 North, Liberty Place Act of 1968, §§ 201–03, as amended, 42 via the NCJRS Bulletin Board, which Building, 325 Seventh St., N.W., U.S.C. 3721–23 (1994). can be accessed via the Internet. Telnet Washington, D.C. 20530, and at the to ncjrsbbs.ncjrs.org, or gopher to Office of the Clerk of the United States Background ncjrs.org:71. For World Wide Web District Court for the Northern District The National Institute of Justice, with access, connect to the NCJRS Justice of Illinois, Twentieth Floor, 209 South support from the Office of Community Information Center at http:// 34080 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Notices www.ncjrs.org/fedgrant.htm#nij. Those notice. Upon receipt of these petitions, Adjustment Assistance, at the address without Internet access can dial the the Program Manager of the Office of shown below, not later than July 7, NCJRS Bulletin Board via modem: dial Trade Adjustment Assistance, 1997. 301–738–8895. Set the modem at 9600 Employment and Training Interested persons are invited to baud, 8–N–1. Administration, has instituted submit written comments regarding the Jeremy Travis, investigations pursuant to Section 221 subject matter of the investigations to Director, National Institute of Justice. (a) of the Act. the Program Manager, Office of Trade [FR Doc. 97–16489 Filed 6–23–97; 8:45 am] The purpose of each of the Adjustment Assistance, at the address BILLING CODE 4410±18±P investigations is to determine whether shown below, not later than July 7, the workers are eligible to apply for 1997. adjustment assistance under Title II, The petitions filed in this case are DEPARTMENT OF LABOR Chapter 2, of the Act. The investigations available for inspection at the Office of will further relate, as appropriate, to the the Program Manager, Office of Trade Employment and Training determination of the date on which total Adjustment Assistance, Employment Administration or partial separations began or and Training Administration, U.S. threatened to begin and the subdivision Department of Labor, 200 Constitution Investigations Regarding Certifications of the firm involved. Avenue, N.W., Washington, D.C. 20210. of Eligibility To Apply for Worker Adjustment Assistance The petitioners or any other persons Signed at Washington, D.C. this 2nd day of showing a substantial interest in the June, 1997. Petitions have been filed with the subject matter of the investigations may Russell T. Kile, Secretary of Labor under Section 221 (a) request a public hearing, provided such Program Manager, Policy & Reemployment of the Trade Act of 1974 (‘‘the Act’’) and request is filed in writing with the Services, Office of Trade Adjustment are identified in the Appendix to this Program Manager, Office of Trade Assistance.

APPENDIX.ÐPETITIONS INSTITUTED ON JUNE 2, 1997

Date of TA±W Subject firm (petitioners) Location petition Product(s)

33,526 ..... Baroid Drilling Fluids (OCAW) ...... Potosi, MO ...... 05/19/97 Ore Mining & Shipping. 33,527 ..... Cascade Woolen Mills, Inc (Comp) ...... Oakland, ME ...... 05/21/97 Textiles. 33,528 ..... Alamo Mills (Comp) ...... Alamo, TN ...... 05/15/97 Ladies' Panties. 33,529 ..... Norton McNaughton (Wrks) ...... New York, NY ...... 05/16/97 Ladies' Apparel. 33,530 ..... Tyco Manufacturing (Comp) ...... Beaverton, OR ...... 05/20/97 View Master Viewers, Magna-Doodle Games. 33,531 ..... Nu-Kote (Comp) ...... Derry, PA ...... 05/13/97 Electrostatic Toner & Developers. 33,532 ..... Varon, Inc. (Wkrs) ...... Colquitt, GA ...... 05/20/97 Children's Sleepwear, Undergarments. 33,533 ..... Brainard Rivet Co (USWA) ...... Girard, OH ...... 05/13/97 Fasteners. 33,534 ..... Milaca Mills, Inc (Wkrs) ...... Milaca, MN ...... 05/17/97 Ladies' & Childrens' Sleepwear. 33,535 ..... General Pneumatics Corp (Comp) ...... Orange, NJ ...... 05/13/97 Inflation Valves. 33,536 ..... Tenneco Packaging (Wrks) ...... Rittman, OH ...... 05/07/97 Packaging Materials. 33,537 ..... Binder Bros., Inc (Wrks) ...... Ridgefield, NJ ...... 05/12/97 Gold & Silver Bracelets & Chains. 33,538 ..... American Magnetics Corp (Comp) ...... Carson, CA ...... 05/16/97 Magnetic Card Reader Systems. 33,539 ..... Activewear Co., Inc (Comp) ...... Athens, GA ...... 05/17/97 Ladies' Pants, Shorts, Skirts. 33,540 ..... Medaryville Garment (Wrks) ...... Medaryville, IN ...... 05/08/97 Men's Work Jackets & Work Pants. 33,541 ..... Acme Belt Co., Inc (Wrks) ...... New York, NY ...... 05/22/97 Belts. 33,542 ..... Sta-Kool Laundres, Inc (Comp) ...... Rocky Mount, NC ...... 05/21/97 Laundry & Finishing Service. 33,543 ..... Greater Texas Finishing (Wrks) ...... El Paso, TX ...... 05/20/97 Laundry Jean Products. 33,544 ..... Trinity Industries, Inc (UAW) ...... Greenville, PA ...... 05/20/97 Railcars-Grains, Centerbeams. 33,545 ..... CNI, Inc (IBT) ...... Port Huron, MI ...... 05/21/97 Automotive Armrests & Headrests. 33,546 ..... Gould's Pump (PA), Inc (USWA) ...... Ashland, PA ...... 05/22/97 Industrial Pumps & Parts. 33,547 ..... Borden, Inc (Wrks) ...... Lowell, MA ...... 05/23/97 Spaghetti. 33,548 ..... Cost of Living Adjustment (Wrks) ...... Jersey City, NJ ...... 04/25/97 Ladies' Cotton & Blend Pants, Skirts.

[FR Doc. 97–16497 Filed 6–23–97; 8:45 am] are identified in the Appendix to this or partial separations began or BILLING CODE 4510±30±M notice. Upon receipt of these petitions, threatened to begin and the subdivision the Program Manager of the Office of of the firm involved. Trade Adjustment Assistance, The petitioners or any other persons DEPARTMENT OF LABOR Employment and Training showing a substantial interest in the Administration, has instituted subject matter of the investigations may Employment and Training investigations pursuant to Section request a public hearing, provided such Administration 221(a) of the Act. request is filed in writing with the Investigations Regarding Certifications The purpose of each of the Program Manager, Office of Trade of Eligibility To Apply for Worker investigations is to determine whether Adjustment Assistance, at the address Adjustment Assistance the workers are eligible to apply for show below, not later than July 7, 1997. adjustment assistance under Title II, Interested persons are invited to Petitions have been filed with the Chapter 2, of the Act. The investigations submit written comments regarding the Secretary of Labor under Section 221(a) will further relate, as appropriate, to the subject matter of the investigations to of the Trade Act of 1974 (‘‘the Act’’) and determination of the date on which total the Program Manager, Office of Trade Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Notices 34081

Adjustment Assistance, at the address the Program Manager, Office of Trade Signed at Washington, DC this 9th day of shown below, not later than July 7, Adjustment Assistance, Employment June, 1997. 1997. and Training Administration, U.S. Russell T. Kile, The petitions filed in this case are Department of Labor, 200 Constitution Program Manager, Policy & Reemployment Avenue, NW., Washington, DC 20210. Services, Office of Trade Adjustment available for inspection at the Office of Assistance.

APPENDIX.ÐPETITIONS INSTITUTED ON JUNE 9, 1997

Date of TA±W Subject firm (petitioners) Location petition Product(s)

33,549 ..... Dunbrook, A Div. of (Co.) ...... Mt. Vernon, MO ...... 04/24/97 Outerwear Ladies' & Men's. 33,550 ..... City Shirt Company (UNITE) ...... Frackville, PA ...... 05/22/97 Career Apparel. 33,551 ..... William Wrigley (Wkrs) ...... Santa Cruz, CA ...... 05/16/97 Chewing Gum. 33,552 ..... Cascade Woolen Mill (Co.) ...... Oakland, ME ...... 05/21/97 Woven Woolen Broadcloth. 33,553 ..... Thomas and Betts (Wkrs) ...... Horseheads, NY ...... 05/21/97 TV's Cable Connectors. 33,554 ..... Christina J. Mfg., Inc. (UNITE) ...... New York, NY ...... 05/23/97 Ladies' Dresses & Sportswear. 33,555 ..... Special Plastic Products (Wkrs) ...... Fair Haven, MI ...... 04/11/97 Automobile Parts. 33,556 ..... Rugged Sport, LLC (Co.) ...... Littleton, NC ...... 05/22/97 Fleece and Jersey Sportswear. 33,557 ..... Knapp Shoes Corp (Wkrs) ...... Brockton, MA ...... 05/14/97 Shoes. 33,558 ..... Angelica Image Apparel (Wkrs) ...... Summersville, MO ...... 05/27/97 Uniforms, Shirts. 33,559 ..... K±N Energy (Wkrs) ...... Amarillo, TX ...... 05/26/97 Oil and Gas Measurements. 33,560 ..... Zenith Goldline (Co.) ...... Ft. Lauderdale, FL ...... 05/27/97 Generic Pharmaceuticals. 33,561 ..... Stabilus (Co.) ...... Colmar, PA ...... 05/23/97 Gas Springs and Dampers. 33,562 ..... Plaid Clothing Co (Co.) ...... Cincinnati, OH ...... 05/22/97 Men's Suits, Sport Coats. 33,563 ..... Corona USA Corp (Wkrs) ...... Fort Lee, NJ ...... 04/12/97 Kerosene Heaters.

[FR Doc. 97–16498 Filed 6–23–97; 8:45 am] The intent of the Department’s DEPARTMENT OF LABOR BILLING CODE 4510±30±M certification is to include all workers of Johnson & Johnson Medical, Employment and Training Incorporated adversely affected by Administration DEPARTMENT OF LABOR imports. [TA±W±32,178 & TA±W±32,178E] The amended notice applicable to Employment and Training Kentucky Apparel LLP, Burkesville, TA–W–33,278 is hereby issued as Administration Kentucky and Jamestown, TN; follows: [TA±W±33,278] Amended Certification Regarding All workers of Johnson & Johnson Medical, Eligibility To Apply for Worker Johnson & Johnson Medical, Incorporated, Arlington, Texas and leased Adjustment Assistance Incorporated Including Leased workers of Kelly Services, Incorporated, Workers of Kelly Services, Arlington, Texas engaged in employment In accordance with Section 223 of the Incorporated Arlington, TX; Amended related to the production of surgical latex Trade Act of 1974 (19 USC 2273) the Certification Regarding Eligibility To gloves for Johnson & Johnson Medical, Department of Labor issued a Apply for Worker Adjustment Incorporated, Arlington, Texas who became Certification of Eligibility to Apply for Assistance totally or partially separated from Worker Adjustment Assistance on April employment on or after February 21, 1996, 29, 1996, applicable to all workers of In accordance with Section 223 of the are eligible to apply for adjustment assistance Kentucky Apparel LLP, located in Trade Act of 1974 (19 U.S.C. 2273) the under Section 223 of the Trade Act of 1974. Burkesville, Kentucky. The notice was Department of Labor issued a published in the Federal Register on Certification of Eligibility to Apply for Signed at Washington, DC this 12th day of June 1997. May 17, 1996 (61 FR 24960). Worker Adjustment Assistance on April At the request of the company, the 18, 1997, applicable to all workers of Russell T. Kile, Department reviewed the certification Johnson & Johnson Medical, Program Manager, Policy and Reemployment for workers of the subject firm. New Incorporated, located in Arlington, Services, Office of Trade Adjustment information received by the company Texas. The notice was published in the Assistance. shows that worker separations did occur Federal Register on May 9, 1997 (62 FR [FR Doc. 97–16499 Filed 6–23–97; 8:45 am] during October, 1996 and again January, 25659). BILLING CODE 4510±30±M 1997 at the Jamestown, Tennessee At the request of the State agency, the facility of Kentucky Apparel LLP. The Department reviewed the certification workers produce denim jeans. for workers of the subject firm. New The intent of the Department’s information provided by the State certification is to include all workers of shows that some workers of Johnson & Kentucky Apparel LLP who were Johnson Medical, Incorporated were adversely affected by increased imports leased from Kelly Services, Incorporated of jeans. Accordingly, the Department is to produce surgical latex gloves at the amending the certification to cover the Arlington, plant. Based on these workers of Kentucky Apparel LLP, findings, the Department is amending Jamestown, Tennessee. the certification to include leased The amended notice applicable to workers from Kelly Services, TA–W–32,178 is hereby issued as Incorporated, Arlington, Texas. follows: 34082 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Notices

All workers of Kentucky Apparel LLP, Lawton plant. Based on these findings, the Program Manager of the Office of Burkesville, Kentucky (TA–W–32,178), and the Department is amending the Trade Adjustment Assistance, Jamestown, Tennessee (TA–W–32,178E) who certification to include leased workers Employment and Training became totally or partially separated from from Express Human Resources, Inc., Administration, has instituted employment on or after March 11, 1995 are eligible to apply for adjustment assistance Lawton, Oklahoma. investigations pursuant to Section under Section 223 of the Trade Act of 1974. The intent of the Department’s 221(a) of the Act. Signed at Washington, DC this 6th day of certification is to include all workers of The purpose of each of the June, 1997. Lawton Manufacturing Company investigations is to determine whether Russell T. Kile, adversely affected by imports. the workers are eligible to apply for The amended notice applicable to adjustment assistance under Title II, Program Manager, Policy and Reemployment TA–W–33,297 is hereby issued as Services, Office of Trade Adjustment Chapter 2, of the Act. The investigations follows: [FR Doc. 97–16500 Filed 6–23–97; 8:45 am] will further relate, as appropriate, to the All workers of Lawton Manufacturing BILLING CODE 4510±30±M determination of the date on which total Company, Lawton, Oklahoma, engaged in or partial separations began or employment related to the production of threatened to begin and the subdivision men’s trousers; and leased workers of of the firm involved. DEPARTMENT OF LABOR Express Human Resources, Inc., Lawton, Oklahoma engaged in employment related to The petitioners or any other persons Employment and Training the production of men’s trousers for Lawton showing a substantial interest in the Administration Manufacturing Company, Lawton, Oklahoma, subject matter of the investigations may [TA±W±33,297] who became totally or partially separated request a public hearing, provided such from employment on or after March 17, 1996, request is filed in writing with the Lawton Manufacturing Company are eligible to apply for adjustment assistance Program Manager, Office of Trade under Section 223 of the Trade Act of 1974. Including Leased Workers of Express Adjustment Assistance, at the address Human Resources, Inc., Lawton, OK; Signed at Washington, D.C. this 5th day of shown below, not later than July 7, June 1997. Amended Certification Regarding 1997. Russell T. Kile, Eligibility To Apply for Worker Interested persons are invited to Adjustment Assistance Program Manager, Policy and Reemployment Services, Office of Trade Adjustment submit written comments regarding the In accordance with Section 223 of the Assistance. subject matter of the investigations to Trade Act of 1974 (19 USC 2273) the [FR Doc. 97–16502 Filed 6–23–97; 8:45 am] the Program Manager, Office of Trade Adjustment Assistance, at the address Department of Labor issued a BILLING CODE 4510±30±M Certification of Eligibility to Apply for shown below, not later than July 7, Worker Adjustment Assistance on May 1997. 20, 1997, applicable to all workers of DEPARTMENT OF LABOR The petitions filed in this case are Lawton Manufacturing Company available for inspection at the Office of located in Lawton, Oklahoma. The Employment and Training the Program Manager, Office of Trade notice will soon be published in the Administration Adjustment Assistance, Employment and Training Administration, U.S. Federal Register. Investigations Regarding Certifications At the request of a company official, Department of Labor, 200 Constitution of Eligibility To Apply for Worker Avenue, NW., Washington, DC 20210. the Department reviewed the Adjustment Assistance certification for workers of the subject Signed at Washington, DC this 12th day of firm. New information provided by the Petitions have been filed with the May, 1997. State shows that some workers of Secretary of Labor under section 221(a) Linda G. Poole, Lawton Manufacturing Company were of the Trade Act of 1974 (‘‘the Act’’) and Acting Program Manager, Policy & leased from Express Human Resources, are identified in the Appendix to this Reemployment Services, Office of Trade Inc. to produce men’s trousers at the notice. Upon receipt of these petitions, Adjustment Assistance.

APPENDIX.ÐPETITIONS INSTITUTED ON MAY 12, 1997

Date of TA±W Subject firm (petitioners) Location petition Product(s)

33,470 ..... Vision Ease (Co.) ...... Ft. Lauderdale, FL ...... 04/21/97 Ophthalmic Lenses. 33,471 ..... London Fog Industries (UNITE) ...... Baltimore, MD ...... 04/29/97 Mens' & Ladies' Raincoats. 33,472 ..... Master Lock Co. (UAW) ...... Milwaukee, WI ...... 03/07/97 Padlocks. 33,473 ..... Falcon Industries (Wkrs) ...... Columbia, TN ...... 04/24/97 Jersey Knit Activewear. 33,474 ..... Fisher-Price (Co.) ...... East Aurora, NY ...... 04/30/97 Infant Products and Toys. 33,475 ..... Mattel Fisher Price (Co.) ...... Medina, NY ...... 04/30/97 Infant Products and Toys. 33,476 ..... Luther Gurvis Sutherland (Co.) ...... Haleyville, AL ...... 04/28/97 Wood Colonial Window Grids. 33,477 ..... Cone Mills (Wkrs) ...... Henrietta, NC ...... 04/08/97 Denim Fabrics. 33,478 ..... Brian Toggs, Inc. (Wkrs) ...... Hobson City, AL ...... 04/28/97 Boys' & Girls' Hooded Sweat Jackets. 33,479 ..... G.E. Medical Systems (Co.) ...... Milwaukee, WI ...... 04/30/97 Medical Diagnostic Imaging Equipment. 33,480 ..... Shana Knitwear, Inc. (Co.) ...... Greensboro, NC ...... 05/02/97 Ladies' & Childrens' Knit Outer Garments. 33,481 ..... Able Knitting Mills (Wkrs) ...... Farmingdale, NY ...... 05/02/97 Knitted Fabric. 33,482 ..... Vision Technologies (Wkrs) ...... Iron Ridge, WI ...... 05/02/97 Computers. 33,483 ..... Puget Sound Bureau (Wkrs) ...... Ketchikan, AK ...... 04/14/97 Scaling & Grading Logs. 33,484 ..... Cookson Pigments (Co.) ...... Newark, NJ ...... 04/28/97 Pigments. 33,485 ..... Contech Dowagiac (Wkrs) ...... Dowagiac, MI ...... 05/01/97 Aluminum Rack & Pinion Housings. 33,486 ..... Item, Ltd (Wrks) ...... New York, NY ...... 05/09/97 Ladies' Apparel.

[FR Doc. 97–16501 Filed 6–23–97; 8:45 am]

BILLING CODE 4510±30±M Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Notices 34083

DEPARTMENT OF LABOR addressee section below on or before Security Agencies (SESAs) annually to August 25, 1997. provide financial assistance to the Bureau of Labor Statistics The Bureau of Labor Statistics is SESAs for the production and operation particularly interested in comments of the following LMI statistical Proposed Collection; Comment which: programs: Current Employment Request • Evaluate whether the proposed Statistics, Local Area Unemployment collection of information is necessary Statistics, Occupational Employment ACTION: Notice. for the proper performance of the Statistics, Employment and Wages functions of the agency, including SUMMARY: Report, and Mass Layoff Statistics. The The Department of Labor, as whether the information will have part of its continuing effort to reduce Cooperative Agreement provides the practical utility; basis for managing the administrative paperwork and respondent burden, • Evaluate the accuracy of the and financial aspects of these programs. conducts a pre-clearance consultation agency’s estimate of the burden of the program to provide the general public proposed collection of information, II. Current Action and Federal agencies with an including the validity of the The collection of information allows opportunity to comment on proposed methodology and assumptions used; and/or continuing collections of • Enhance the quality, utility, and Federal staff to negotiate the information in accordance with the clarity of the information to be Cooperative Agreement with the SESAs Paperwork Reduction Act of 1995 collected; and and monitor their financial and (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This • Minimize the burden of the programmatic performance, and to program helps to ensure that requested collection of information on those who adhere to administrative requirements data can be provided in the desired are to respond, including through the imposed by regulations implementing format, reporting burden (time and use of appropriate automated, OMB Circular A–102, as well as other financial resources) is minimized, electronic, mechanical, or other grant-related regulations. The collection instruments are clearly technological collection techniques or information collected is also used for understood, and the impact of collection other forms of information technology, planning and budgeting at the Federal requirements on respondents can be e.g., permitting electronic submissions level and in meeting Federal reporting properly assessed. Currently, the Bureau of responses. requirements. of Labor Statistics (BLS) is soliciting ADDRESSES: Send comments to Karin G. Type of Review: Revision. comments concerning the proposed Kurz, BLS Clearance Officer, Division of Agency: Bureau of Labor Statistics. revision of the ‘‘Labor Market Management Systems, Bureau of Labor Title: Labor Market Information (LMI) Information (LMI) Cooperative Statistics, Room 3255, 2 Massachusetts Cooperative Agreement. Agreement.’’ Avenue, NE., Washington, DC 20212. A copy of the proposed information Ms. Kurz can be reached on 202–606– OMB Number: 1220–0079. collection request (ICR) can be obtained 7628 (this is not a toll free number). Affected Public: State, Local or Tribal by contacting the individual listed Governments. SUPPLEMENTARY INFORMATION: below in the addressee section of this Total Burden Cost (capital/startup): notice. I. Background $0. DATES: Written comments must be BLS enters into Cooperative Total Burden Cost (operating/ submitted to the office listed in the Agreements with State Employment maintenance): $0.

Number of Collection forms respond- Frequency Total annual Average time Total hours ents responses per response

Work Statements ...... 55 1 55 2±6 min ...... 2±6. BIF (LMI 1A, 1B) ...... 55 1 55 1±6 hrs ...... 55±330. Quarterly Automated Financial Reports ...... 48 4 192 10±50 min .... 32±160. Monthly Automated Financial Reports ...... 48 * 8 384 5±25 min ...... 32±160. BLS Cooperative Statistics Financial Report (LMI 2A) ...... 7 12 84 1±5 hrs ...... 84±420. Quarterly Status Report (LMI 2B) ...... 1±30 4 4±120 1 hr ...... 4±120. Total (Ranges) ...... 1±55 ...... 774±890 16±81 min .... 209±1196. Totals (Average) ...... 55 ...... 832 51 min ...... 703. * Reports are not received for end-of-quarter months, i.e., December, March, June, and September.

Comments submitted in response to DEPARTMENT OF LABOR paperwork and respondent burden this notice will be summarized and/or conducts a preclearance consultation included in the request for Office of Mine Safety and Health Administration program to provide the general public Management and Budget approval of the and Federal agencies with an Proposed Information Collection information collection request; they also opportunity to comment on proposed Request Submitted for Public will become a matter of public accord. and/or continuing collections of Comment and Recommendations; Signed at Washington, D.C., this 18th day Record of Examination for Hazardous information in accordance with the of June, 1987. Conditions Paperwork Reduction Act of 1995 W. Stuart Rust, Jr., (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This Chief, Division of Management Systems, ACTION: Notice. program helps to ensure that requested Bureau of Labor Statistics. data can be provided in the desired [FR Doc. 97–16503 Filed 6–23–97; 8:45 am] SUMMARY: The Department of Labor, as format, reporting burden (time and BILLING CODE 4510±24±M part of its continuing effort to reduce financial resources) is minimized, 34084 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Notices collection instruments are clearly examinations of each active working Dated: June 18, 1997. understood, and the impact of collection area of surface mines, active surface George M. Fesak, requirements on respondents can be installations at these mines, and Director, Program Evaluation and Information properly assessed. preparation plants not associated with Resources. Currently, the Mine Safety and Health underground coal mines for hazardous [FR Doc. 97–16496 Filed 6–23–97; 8:45 am] Administration (MSHA) is soliciting conditions during each shift. A report of BILLING CODE 4510±43±M comments concerning the proposed any hazardous conditions detected must extension of the information collection be entered into a record book, along related to the Record of Examination for with a description of any corrective NATIONAL SCIENCE FOUNDATION Hazardous Conditions. MSHA is actions taken. particularly interested in comments A number of potential hazards can Antarctic Tour Operators Meeting which: • exist at surface coal mines and facilities. Evaluate whether the proposed Highwalls, mining equipment, The National Science Foundation collection of information is necessary travelways, and the handling of mining announces the following meeting: for the proper performance of the materials each present possible Name: Antarctic Tour Operators Meeting. functions of the agency, including hazardous conditions. Since Date and Time: July 9, 1997, 9 a.m.–4:30 whether the information will have promulgation of 30 CFR 77.1713 in p.m. practical utility; 1971, numerous miners have either lost Place: National Science Foundation, Room • 375, 4201 Wilson Boulevard, Arlington, Evaluate the accuracy of the their lives at the areas affected by the agency’s estimate of the burden of the Virginia 22230. subject standard or received injuries of Type of Meeting: Open. proposed collection of information, varying degrees of seriousness. The including the validity of the Contact Person: Nadene G. Kennedy, Polar majority of the injuries and fatalities Coordination Specialist, Office of Polar methodology and assumptions used; resulted from hazardous conditions that Programs, National Science Foundation, • Enhance the quality, utility, and had not been detected or corrected. Arlington, VA 22230, Telephone: (703) 306– clarity of the information to be 1033; Fax: (703) 306–0139. collected; and II. Current Actions Purpose of Meeting: Pursuant to the • Minimize the burden of the National Science Foundation’s collection of information on those who By conducting an on-shift responsibilities under the Antarctic are to respond, including through the examination for hazardous conditions, Conservation Act (P.L. 95–541) and the use of appropriate automated, the mine operator better guarantees a Antarctic Treaty, the U.S. Antarctic Program electronic, mechanical, or other safe working environment for the Managers plan to meet with Antarctic Tour technological collection techniques or miners and a reduction in accidents. Operators to exchange information concerning dates and procedures for visiting other forms of information technology, Examinations for hazardous conditions are required to be conducted each shift. U.S. antarctic stations, review the latest e.g., permitting electronic submissions Antarctic Treaty Recommendations of responses. To do so less frequently could allow unsafe conditions to go undetected that concerning the environment and protected A copy of the proposed information sites, and other items designed to protect the collection request can be obtained by might result in an accident. Antarctic environment. contacting the employee listed in the Type of Review: Extension. Agenda For Further Information Contact section Agency: Mine Safety and Health • of this notice. Administration. Introduction and Overview. • Review of 1996–97 Visits to McMurdo, DATES: Submit comments on or before Title: Record of Examination for Palmer and South Pole Stations. August 25, 1997. Hazardous Conditions. • Tour Operator’s Comments on 1996–97 ADDRESSES: Send comments to Patricia OMB Number: 1219–0083. Season Visits. W. Silvey, Director, Office of Standards, • 1997–98 Visits to McMurdo, Palmer and Affected Public: Business or other for- Regulations, and Variances, 4015 South Pole Stations. profit institutions. Wilson Boulevard, Room 627, • Report from the International Arlington, VA 22203–1984. Comments Cite/Reference/Form/etc: 30 CFR Association of Antarctic Tour Operators 77.1713. (IAATO). are encouraged to send their comments • Total Respondents: 1,818. Information Exchange, Status and on a computer disk, or via E-mail to Reviews. [email protected], along with an Frequency: On occasion. • Presentations. original printed copy. Ms. Silvey can be Total Responses: 616,302. • Discussions with IAATO and EPA on reached at (703) 235–1910 (voice) or Average Time per Response: 1.5 development of Environmental Impact (703) 235–5551 (facsimile). Assessments. hours. • FOR FURTHER INFORMATION CONTACT: Other Items. Estimated Total Burden Hours: George M. Fesak, Director, Office of Nadene G. Kennedy, 924,453. Program Evaluation and Information Polar Coordination Specialist, Office of Polar Resources, U.S. Department of Labor, Estimated Total Burden Hour Cost: Programs. Mine Safety and Health Administration, $38,827,026. [FR Doc. 97–16412 Filed 6–23–97; 8:45 am] Room 715, 4015 Wilson Boulevard, Estimated Total Burden Cost (capital/ BILLING CODE 7555±01±M Arlington, VA 22203–1984. Mr. Fesak startup): $0. can be reached at [email protected] Estimated Total Burden Cost (Internet E–mail), (703) 235–8378 (operating/maintaining): $0. NATIONAL SCIENCE FOUNDATION (voice), or (703) 235–1563 (facsimile). Comments submitted in response to Advisory Committee for Biological SUPPLEMENTARY INFORMATION: this notice will be summarized and/or Sciences; Committee of Visitors; included in the request for Office of Notice of Meeting I. Background Management and Budget approval of the Coal mine operators are required by information collection request; they will In accordance with the Federal 30 CFR 77.1713 to conduct also become a matter of public record. Advisory Committee Act (Pub. L. 92– Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Notices 34085

463, as amended), the National Science Agenda: To provide oversight review of the NATIONAL SCIENCE FOUNDATION Foundation announces the following Centers of Research Excellence in Science meeting. and Technology (CREST) Program. Special Emphasis Panel in Human Reason for Closing: The meeting is closed Resource Development; Notice of Name: Advisory Committee for Biological to the public because the Committee is Meeting Sciences: Committee of Visitors (COV) reviewing proposal actions that will include Review for Cell Biology in the Division of privileged intellectual property and personal In accordance with the Federal Molecular & Cellular Biosciences (1110). information that could harm individuals if Advisory Committee (Pub. L. 92–463, as Date and Time: Monday, July 21, through they were disclosed. If discussions were open Tuesday, July 22, 1997; 8:30 a.m. to 5:00 p.m. amended), the National Science to the public, these matters that are exempt Place: The National Science Foundation, Foundation announces the following under 5 U.S.C. 552b(c) (4) and (6) of the Room 310, 4201 Wilson Boulevard, meeting. Government in the Sunshine Act would be Arlington, Virginia 22230. Name and Committee Code: Special improperly disclosed. Type of Meeting: Closed. Emphasis Panel in Human Resources # Contact Person: Dr. Julius H. Jackson, Dated: June 19, 1997. Development ( 1199). Date and Time: July 16, 1997: 7 p.m. to 9 Division Director for Molecular and Cellular M. Rebecca Winkler, Biosciences, National Science Foundation, p.m.; July 17, 1997: 8:30 a.m. to 5:00 p.m.; Committee Management Officer. 4201 Wilson Boulevard, Arlington, Virginia. July 18, 1997: 8:30 to 4:30 p.m. Telephone: (703) 306–1440. [FR Doc. 97–16547 Filed 6–23–97; 8:45 am] Place: National Science Foundation, 4201 Purpose of Meeting: To carry out BILLING CODE 7555±01±M Wilson Boulevard, Room 814, Arlington, VA Committee of Visitors (COV) review, 22230. including examination of decisions on Type of Meeting: Closed. proposals, reviewer comments, and other NATIONAL SCIENCE FOUNDATION Contact Person: Dawn M. Pickard, Senior privileged materials Program Director, Human Resource Development Division, Room 815, National Agenda: To provide oversight review of Advisory Committee for Education and Science Foundation, 4201 Wilson Boulevard, Cell Biology Program in the Division of Human Resources, Committee on Arlington, VA 22230 Telephone: (703) 306– Molecular & Cellular Biosciences. Visitors; Notice of Meeting 1637. Reason for Closing: The meeting is closed Purpose of Meeting: To provide advice and to the public because the Committee is In accordance with the Federal recommendations concerning proposals reviewing proposal actions that will include Advisory Committee Act (Pub. L. 92– submitted to NSF for financial support. privileged intellectual property and personal Agenda: To review preliminary proposals information that could harm individuals if 463, as amended), the National Science Foundation announces the following for the Women and Girls program. they were disclosed. If discussions were open Reason for Closing: The proposals being to the public, these matters that are exempt meeting. reviewed include information of a under 5 U.S.C. 552b(c) (4) and (6) of the Name: Advisory Committee for Education proprietary or confidential nature, including Government in the Sunshine Act would be and Human Resources; Committee on technical information; financial data, such as improperly disclosed. Visitors/#119. salaries; and personal information Dated: June 19, 1997. Date and time: July 24, 1997 (8:00 a.m.– concerning individuals associated with the M. Rebecca Winkler, 5:00 p.m.) and July 25, 1997 (8:00 a.m.–3:00 proposals. These matters are exempt under 5 U.S.C. 552b(c), (4) and (6) of the Government Committee Management Officer. p.m.). in the Sunshine Act. [FR Doc. 97–16550 Filed 6–23–97; 8:45 am] Place: National Science Foundation, 4201 Wilson Blvd., Suites 830 (7/24) and 880 (7/ Dated: June 19, 1997. BILLING CODE 7555±01±M 25), Arlington, VA. M. Rebecca Winkler, Type of meeting: Closed. Committee Management Officer. Contact person: Dr. Luther Williams, NATIONAL SCIENCE FOUNDATION National Science Foundation, 4201 Wilson [FR Doc. 97–16549 Filed 6–23–97; 8:45 am] Blvd., Arlington, VA 22230. Telephone: (703) BILLING CODE 7555±01±M Advisory Committee of Education and 306–1600. Human Resources Committee of Purpose of meeting: To carry out Visitors; Notice of Meeting Committee of Visitors (COV) review, NATIONAL SCIENCE FOUNDATION In accordance with the Federal including examination of decisions on proposals, reviewer comments, and other Special Emphasis Panel in Research, Advisory Committee Act (Pub. L. 92– privileged materials. Evaluation and Communication, Notice 463, as amended), the National Science Agenda: to review and evaluate the of Meeting Foundation announces the following Statewide Systemic Initiative (SSI) Program meeting. and provide an assessment of program-level In accordance with the Federal Advisory Committee Act (Pub. L. 92– Name: Advisory Committee of Education technical and managerial matters pertaining and Human Resources (#1119). to proposal decisions and program 463, as amended), the National Science Date and Time: July 10–11, 1997: 8:30 a.m. operations. Foundation announces the following to 5:00 p.m. Reason for closing: The meeting is closed meeting: to the public because the Committee is Place: National Science Foundation, 4201 Name: Special Emphasis Panel in Wilson Boulevard, Room 814, Arlington, VA reviewing proposal actions that will include Research, Evaluation and Communication 22230. privileged intellectual property and personal (1210). Type of Meeting: Closed. information that could harm individuals if Date and Time: July 14, 1997; 8:00 a.m. to Contact Person: Dr. William Sibley, they were disclosed. If discussions were open 6:00 p.m. July 15, 1997; 8:00 a.m. to 6:00 p.m. Program Director, Human Resource to the public, these matters that are exempt July 16, 1997; 8:00 a.m. to 6:00 p.m. July 17, Development Division, Room 815, National under 5 U.S.C. 552b(c) (4) and (6) of the 1997; 8:00 a.m. to 6:00 p.m. Science Foundation, 4201 Wilson Boulevard, Government in the Sunshine Act would be Place: Room 970, National Science Arlington, VA 22230, Telephone: (703) 306– improperly disclosed. Foundation, 4201 Wilson Boulevard, 1633. Dated: June 19, 1997. Arlington, VA 22230. Purpose of Meeting: To carry out M. Rebecca Winkler, Type of Meeting: Closed. Committee of Visitors (COV) review, Contact person: Dr. Christopher Dede, Committee Management Officer. including examination of decisions on Program Director, 4201 Wilson Boulevard, proposals, reviewer comments, and other [FR Doc. 97–16552 Filed 6–23–97; 8:45 am] Room 855, Arlington, VA 22230. Telephone privileged materials. BILLING CODE 7555±01±M (703) 306–1651. 34086 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Notices

Purpose of Meeting: To provide advice and proprietary or confidential nature, including system pumps following a design basis recommendations concerning proposals technical information; financial data, such as accident. submitted to NSF for financial support. salaries, and personal information Agenda: To review and evaluate proposals concerning individuals associated with the Before issuance of the proposed and provide advice and recommendations as proposals. These matters are exempt under 5 license amendment, the Commission part of the selection process for proposals USC 552b(c) (4) and (6) of the Government will have made findings required by the submitted to the Research on Education, in the Sunshine Act. Atomic Energy Act of 1954, as amended Policy, and Practice (REPP) Program. Dated: June 19, 1997. (the Act) and the Commission’s Reason for Closing: Because the proposals reviewed include information of a M. Rebecca Winkler, regulations. proprietary or confidential nature, including Committee Management Officer. The Commission has made a technical information; financial data, such as [FR Doc. 97–16551 Filed 6–23–97; 8:45 am] proposed determination that the salaries; and personal information BILLING CODE 7555±01±M amendment requests involve no concerning individuals associated with proposals, the meetings are closed to the significant hazards consideration. Under public. These matters are within exemptions the Commission’s regulations in 10 CFR (4) and (6) of 5 U.S.C. 552b(c), Government NATIONAL TRANSPORTATION 50.92, this means that operation of the in the Sunshine Act. SAFETY BOARD facility in accordance with the proposed Dated: June 19, 1997. amendment would not (1) involve a Sunshine Act Meeting M. Rebecca Winkler, significant increase in the probability or Committee Management Officer. TIME: 9:30 a.m., Tuesday, July 1, 1997. consequences of an accident previously [FR Doc. 97–16548 Filed 6–23–97; 8:45 am] PLACE: The Board Room, 5th Floor, 490 evaluated; or (2) create the possibility of BILLING CODE 7555±01±M L’Enfant Plaza, S.W., Washington, D.C. a new or different kind of accident from 20594. any accident previously evaluated; or STATUS: Open. (3) involve a significant reduction in a NATIONAL SCIENCE FOUNDATION MATTERS TO BE DISCUSSED: 6793C margin of safety. As required by 10 CFR Aviation Accident Report: Runway 50.91(a), the licensee has provided its Special Emphasis Panel in Collision, United Express Flight 5925, analysis of the issue of no significant Undergraduate Education; Notice of and Beechcraft King Air A90, Quincy hazards consideration, which is Meetings Municipal Airport, Quincy, Illinois, presented below: This notice is being published in November 19, 1996. (1) The proposed amendment will not accord with the Federal Advisory NEWS MEDIA CONTACT: Telephone: (202) involve a significant increase in the Committee Act (Pub. L. 92–463, as 314–6100. probability or consequences of an amended). During the period July FOR MORE INFORMATION CONTACT: Bea accident previously evaluated: through December, 1997, the Special Hardesty, (202) 314–6065. These changes do not affect the Emphasis Panel will be holding panel Dated: June 20, 1997. physical configuration of the plant or meetings to review and evaluate Bea Hardesty, how it is operated. These changes: research proposals. The dates, contact person, and types of proposals are as Federal Register Liaison Officer. (1) Document the acceptability of the follows: [FR Doc. 97–16626 Filed 6–20–97; 11:15 am] limiting mode of long-term post-LOCA BILLING CODE 7533±01±P [loss of coolant accident] containment Special Empahsis Panel in Undergraduate heat removal that has been analyzed and Education (1214) found to be acceptable. 1. Date: July 21–24, 1997. NUCLEAR REGULATORY (2) Document the acceptability of the Contact: Herbert Richtol, Program Director, COMMISSION use of a limited amount of post-LOCA Course and Curriculum Development containment overpressure to assure Docket No. 50±263 Program, & Susan Hixson, Program Director, adequate NPSH [net positive suction Undergraduate Faculty Enhancement Program, Room 835, 703–306–1666. Northern States Power Company; head] for ECCS [emergency core cooling Times: 7:30 p.m. to 9:30 p.m. (July 21); Notice of Consideration of Issuance of system] pump operation. 8:30 a.m. to 5:00 p.m. (July 22 & July 23); 8:30 Amendment to Facility Operating The changes clarify the Technical a.m. to 1:00 p.m. (July 24). License, Proposed No Significant Specification Bases to correctly describe Place: Doubletree Hotel, 300 Army Navy the design and licensing basis for Drive, Arlington, VA 22202. Hazards Consideration Determination, Type of Proposal: Course and Curriculum and Opportunity for a Hearing containment spray/cooling equipment and ECCS pump NPSH following a loss Development. The U.S. Nuclear Regulatory of coolant accident. 2. Date: December 8–9, 1997. Commission (the Commission) is Contact: Herbert Levitan, Section Head, considering issuance of an amendment The original Monticello FSAR [final Institution-Wide Reform of Undergraduate to Facility Operating License No. DPR– safety analysis report] identified the Education, Room 835, 703–306–1666. most degraded condition for Times: 8:00 a.m. to 3:00 p.m. each day. 22 issued to Northern States Power Place: The Latham Hotel, 3000 M Street, Company (the licensee) for operation of containment spray/cooling equipment N.W., Washington, D.C. 20007. the Monticello Nuclear Generating availability. This condition could occur Type of Proposal: Institution-Wide Reform Plant, located in Wright County, following a postulated loss of offsite of Undergraduate Education. Minnesota. power and loss of one diesel generator. Type of Meetings: Closed. The proposed amendment would One RHR [residual heat removal] pump Purpose of Meetings: To provide advice evaluate the unreviewed safety and one RHRSW [residual heat removal and recommendations concerning proposals questions associated with the increase service water] pump would be available submitted to NSF for financial support. in calculated peak suppression pool under these conditions. An update of Agenda: To review and evaluate proposals submitted to the Directorate as part of the temperature and the reliance on the containment pressure and selection process for awards. containment pressure to compensate for temperature analysis following Reason for Closing: The proposals being the deficiency in net positive suction completion of the Mark I Containment reviewed include information of a head for the emergency core cooling Long-term Program in the early 1980’s Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Notices 34087 inadvertently assumed the availability (3) The proposed amendment will not The NRC staff has reviewed the of two RHR pumps and two RHRSW involve a significant reduction in the licensee’s analysis and, based on this pumps. The Bases of the Monticello margin of safety. review, it appears that the three Technical Specifications also appears to The minimum number of RHR and standards of 10 CFR 50.92(c) are have been written based on the RHRSW pumps assumed to be operable satisfied. Therefore, the NRC staff availability of two RHR pumps and two for long-term containment heat removal proposes to determine that the RHRSW pumps for containment spray/ analysis has been reduced from the amendment request involve no cooling. This error in the containment number assumed to be operable in significant hazards consideration. pressure and temperature analysis was earlier licensing documentation The Commission is seeking public identified during the Monticello design provided to the NRC for review. comments on this proposed basis reconstitution program and was In addition, analyses of ECCS pump determination. Any comments received corrected by a revised analysis. NPSH requirements take credit for within 30 days after the date of This analysis has been revised to meet containment pressure under some publication of this notice will be NRC Staff requirements and is being conditions. The original Monticello considered in making any final submitted for review and approval in licensing basis documentation reviewed determination. conjunction with the Technical by the NRC Staff did not clearly state Normally, the Commission will not Specification changes proposed in this that containment pressure was issue the amendment until the License Amendment Request. The necessary to assure adequate ECCS expiration of the 30-day notice period. proposed changes will correct the Bases pump NPSH. However, should circumstances change during the notice period such that of the Monticello Technical The reduction in the number of RHR failure to act in a timely way would Specifications to clearly describe the and RHRSW pump used for result, for example, in derating or design basis of the plant for the post- containment cooling results in an shutdown of the facility, the LOCA containment spray/cooling increase in suppression pool Commission may issue the license function. One RHR pump and one temperature. This temperature increase, amendment before the expiration of the RHRSW pump are fully adequate for and the limited dependence on 30-day notice period, provided that its this function. containment pressure to ensure final determination is that the The use of containment pressure to adequate ECCS pump NPSH, are amendment involves no significant provide a portion of the NPSH required considered to be reductions in margin. hazards consideration. The final by ECCS pumps following a loss of The new containment long-term heat determination will consider all public coolant accident was not adequately removal and ECCS pump NPSH and State comments received. Should documented in the original design and analyses provided with this License the Commission take this action, it will licensing basis for the Monticello plant. Amendment Request use input publish in the Federal Register a notice Detailed ECCS pump NPSH analyses assumptions which conservatively of issuance and provide for opportunity have been completed and submitted for model the phenomena involved. An for a hearing after issuance. The NRC Staff review and approval. It is updated computer code and decay heat Commission expects that the need to proposed that the Bases of the Technical model are used in a conservative take this action will occur very Specifications also be corrected to manner at an assumed power level of infrequently. document the acceptability of taking 112.5% (1880 Mwt [megawatts thermal]) Written comments may be submitted credit for a limited amount of of license reactor power in the new by mail to the Chief, Rules Review and containment overpressure for ECCS analyses. Appropriate baseline and Directives Branch, Division of Freedom pump NPSH. benchmark analyses have been of Information and Publications The proposed changes do not performed. An increase in long-term Services, Office of Administration, U.S. introduce new accident scenarios. These peak suppression pool temperature from Nuclear Regulatory Commission, changes have no impact on the 182 °F to 194.2 °F is predicted for the Washington, DC 20555–0001, and protection of the health and safety of the limiting configuration of one RHR and should cite the publication date and public. There is a small reduction in one RHRSW pump. A reanalysis of torus page number of this Federal Register margin, as discussed in (3) below, attached piping, RHR room temperature, notice. Written comments may also be resulting from new analyses of loss of and environment qualification delivered to Room 6D22, Two White coolant accident containment considerations for operation with the Flint North, 11545 Rockville Pike, temperature and pressure response and higher suppression pool temperature Rockville, Maryland, from 7:30 a.m. to ECCS pump NPSH requirements. was completed with satisfactory results. 4:15 p.m. Federal workdays. Copies of (2) The proposed amendment will not It is concluded that one RHR pump and written comments received may be create the possibility of a new or one RHRSW pump provide adequate examined at the NRC Public Document different kind of accident from any margins for long-term containment Room, the Gelman Building, 2120 L accident previously analyzed. cooling. Street, NW., Washington, DC. These changes are administrative in Analyses were performed to evaluate The filing of requests for hearing and nature and do not affect the physical the NPSH adequacy for Monticello petitions for leave to intervene is configuration of the plant or how it is ECCS pumps for a broad range of pump discussed below. operated. combinations and failure modes. The By July 24, 1997, the licensee may file The changes will revise the Technical minimum containment pressure a request for a hearing with respect to Specification Bases to correctly describe available and the containment pressure issuance of the amendment to the the design basis of the Monticello plant required to satisfy NPSH requirements subject facility operating license and for performing the post-LOCA was calculated for each limiting any person whose interest may be containment spray/cooling function and combination of pumps. It was affected by this proceeding and who for satisfying ECCS pump NPSH concluded that proper operation of the wishes to participate as a party in the requirements. They are based on new ECCS pumps is assured under all proceeding must file a written request analyses submitted to the NRC Staff for conditions following a loss of coolant for a hearing and a petition for leave to their review and approval. accident. intervene. Requests for a hearing and a 34088 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Notices petition for leave to intervene shall be and on which the petitioner intends to absent a determination by the filed in accordance with the rely in proving the contention at the Commission, the presiding officer or the Commission’s ‘‘Rules of Practice for hearing. The petitioner must also presiding Atomic Safety and Licensing Domestic Licensing Proceedings’’ in 10 provide references to those specific Board that the petition and/or request CFR Part 2. Interested persons should sources and documents of which the should be granted based upon a consult a current copy of 10 CFR 2.714 petitioner is aware and on which the balancing of the factors specified in 10 which is available at the Commission’s petitioner intends to rely to establish CFR 2.714(a)(1) (i)–(v) and 2.714(d). Public Document Room, the Gelman those facts or expert opinion. Petitioner For further details with respect to this Building, 2120 L Street, NW., must provide sufficient information to action, see the application for Washington, DC, and at the local public show that a genuine dispute exists with amendment dated January 23, 1997, as document room located at the the applicant on a material issue of law supplemented January 28, March 4, and Minneapolis Public Library, Technology or fact. Contentions shall be limited to June 19, 1997, which are available for and Science Department, 300 Nicollet matters within the scope of the public inspection at the Commission’s Mall, Minneapolis, Minnesota 55401. If amendment under consideration. The Public Document Room, the Gelman a request for a hearing or petition for contention must be one which, if Building, 2120 L Street, NW., leave to intervene is filed by the above proven, would entitle the petitioner to Washington, DC, and at the local public date, the Commission or an Atomic relief. A petitioner who fails to file such document room located at the Safety and Licensing Board, designated a supplement which satisfies these Minneapolis Public Library, Technology by the Commission or by the Chairman requirements with respect to at least one and Science Department, 300 Nicollet of the Atomic Safety and Licensing contention will not be permitted to Mall, Minneapolis, Minnesota 55401. Board Panel, will rule on the request participate as a party. Those permitted to intervene become Dated at Rockville, Maryland, this 20th day and/or petition; and the Secretary or the of June 1997. designated Atomic Safety and Licensing parties to the proceeding, subject to any Board will issue a notice of hearing or limitations in the order granting leave to For the Nuclear Regulatory Commission. an appropriate order. intervene, and have the opportunity to Tae Kim, As required by 10 CFR 2.714, a participate fully in the conduct of the Senior Project Manager, Project Directorate petition for leave to intervene shall set hearing, including the opportunity to III–1, Division of Reactor Projects—III/IV, forth with particularity the interest of present evidence and cross-examine Office of Nuclear Reactor Regulation. the petitioner in the proceeding, and witnesses. [FR Doc. 97–16648 Filed 6–20–97; 12:00 pm] how that interest may be affected by the If a hearing is requested, the BILLING CODE 7590±01±P results of the proceeding. The petition Commission will make a final should specifically explain the reasons determination on the issue of no why intervention should be permitted significant hazards consideration. The NUCLEAR REGULATORY with particular reference to the final determination will serve to decide COMMISSION following factors: (1) the nature of the when the hearing is held. [Docket Nos. 50±259, 50±260, and 50±296] petitioner’s right under the Act to be If the final determination is that the made party to the proceeding; (2) the amendment request involves no Tennessee Valley Authority; Notice of nature and extent of the petitioner’s significant hazards consideration, the Withdrawal of Application for property, financial, or other interest in Commission may issue the amendment Amendment to Facility Operating the proceeding; and (3) the possible and make it immediately effective, License effect of any order which may be notwithstanding the request for a entered in the proceeding on the hearing. Any hearing held would take The U.S. Nuclear Regulatory petitioner’s interest. The petition should place after issuance of the amendment. Commission (the Commission) has also identify the specific aspect(s) of the If the final determination is that the granted the request of the Tennessee subject matter of the proceeding as to amendment request involves a Valley Authority (the licensee) to which petitioner wishes to intervene. significant hazards consideration, any withdraw its October 7, 1994 Any person who has filed a petition for hearing held would take place before application for proposed amendment to leave to intervene or who has been the issuance of any amendment. Facility Operating License Nos. DPR–33, admitted as a party may amend the A request for a hearing or a petition DPR–52, and DPR–68 for the Browns petition without requesting leave of the for leave to intervene must be filed with Ferry Nuclear Plant, Unit Nos. 1, 2, and Board up to 15 days prior to the first the Secretary of the Commission, U.S. 3, located in Limestone County, prehearing conference scheduled in the Nuclear Regulatory Commission, Alabama. proceeding, but such an amended Washington, DC 20555–0001, Attention: The proposed amendment would petition must satisfy the specificity Docketing and Services Branch, or may have revised surveillance requirements requirements described above. be delivered to the Commission’s Public associated with emergency diesel Not later than 15 days prior to the first Document Room, the Gelman Building, generators. prehearing conference scheduled in the 2120 L Street, NW., Washington, DC, by The Commission had previously proceeding, a petitioner shall file a the above date. A copy of the petition issued a Notice of Consideration of supplement to the petition to intervene should also be sent to the Office of the Issuance of Amendment published in which must include a list of the General Counsel, U.S. Nuclear the Federal Register on November 23, contentions which are sought to be Regulatory Commission, Washington, 1994 (59 FR 60387). However, by letter litigated in the matter. Each contention DC 20555–0001, and to Jay Silberg, Esq., dated June 4, 1997, the licensee must consist of a specific statement of Shaw, Pittman, Potts, and Trowbridge, withdrew the proposed change. the issue of law or fact to be raised or 2300 N Street, NW, Washington, DC For further details with respect to this controverted. In addition, the petitioner 20037, attorney for the licensee. action, see the application for shall provide a brief explanation of the Nontimely filings of petitions for amendment dated October 7, 1994, and bases of the contention and a concise leave to intervene, amended petitions, the licensee’s letter dated June 4, 1997, statement of the alleged facts or expert supplemental petitions and/or requests which withdrew the application for opinion which support the contention for hearing will not be entertained license amendment. The above Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Notices 34089 documents are available for public frequency and large, early release 1:15 p.m.–1:45 p.m.: Future ACRS inspection at the Commission’s Public frequency, when these lower-tier criteria Activities (Open)—The Committee will Document Room, the Gelman Building, are derived from the prompt fatality discuss the recommendations of the 2120 L Street, NW., Washington, DC, quantitative health objectives. Planning and Procedures Sub- and at the local public document room Representatives of the NRC staff will committee regarding items proposed for located at the Athens Public library, 405 participate. consideration by the full Committee E. South Street, Athens, Alabama 35611. 1:00 p.m.–2:30 p.m.: Proposed during future meetings. Dated at Rockville, Maryland, this 18th day Standard Review Plan Section and 1:45 p.m.–2:00 p.m.: Reconciliation of of June 1997. Regulatory Guide for Risk-Informed, ACRS Comments and For the Nuclear Regulatory Commission. Performance-Based Inservice Inspection Recommendations (Open)—The Joseph F. Williams, (Open)—The Committee will hear Committee will discuss responses from presentations by and hold discussions Project Manager, Project Directorate II–3, the NRC Executive Director for Division of Reactor Projects—I/II, Office of with representatives of the NRC staff Operations (EDO) to comments and Nuclear Reactor Regulation. regarding the proposed Standard recommendations included in recent [FR Doc. 97–16485 Filed 6–23–97; 8:45 am] Review Plan Section and Regulatory ACRS reports. The EDO responses are Guide for risk-informed, performance- BILLING CODE 7590±01±P expected to be provided to the based inservice inspection. Committee prior to the meeting. 2:45 p.m.–3:45 p.m.: Meeting with 2:00 p.m.–7:00 p.m.: Preparation of NUCLEAR REGULATORY NRC Commissioner McGaffigan ACRS Reports (Open)—The Committee COMMISSION (Open)—The Committee will meet with will discuss proposed ACRS reports on NRC Commissioner McGaffigan to matters considered during this meeting. Advisory Committee on Reactor discuss items of mutual interest, Safeguards Meeting Notice including ACRS activities and NRC Friday, July 11, 1997 research. 8:30 a.m.–8:35 a.m.: Opening In accordance with the purposes of 4:00 p.m.–6:00 p.m.: Proposed Final Remarks by the ACRS Chairman Sections 29 and 182b. of the Atomic Modifications to 10 CFR Part 26, (Open)—The ACRS Chairman will make Energy Act (42 U.S.C. 2039, 2232b), the Fitness-For-Duty Program Requirements opening remarks regarding the conduct Advisory Committee on Reactor (Open)—The Committee will hear of the meeting. Safeguards will hold a meeting on July presentations by and hold discussions 8:35 a.m.–10:00 a.m.: NUREG/CR– 9–11, 1997, in Conference Room T–2B3, with representatives of the NRC staff 6372, Recommendations for 11545 Rockville Pike, Rockville, regarding the proposed final Probabilistic Seismic Hazard Analysis; Maryland. The date of this meeting was modifications to fitness-for-duty Guidance on Uncertainty and Use of previously published in the Federal program requirements. Experts (Open)—The Committee will Register on Thursday, January 23, 1997 6:15 p.m.–7:15 p.m.: Preparation of hear presentations by and hold (62 FR 3539). ACRS Reports (Open)—The Committee discussions with representatives of the Wednesday, July 9, 1997 will discuss proposed ACRS reports on NRC staff and its contractors regarding matters considered during this meeting 8:30 a.m.–8:45 a.m.: Opening NUREG/CR–6372. as well as a proposed ACRS report on Remarks by the ACRS Chairman 10:15 a.m.–11:00 a.m.: Report of the the use of risk-informed, performance- (Open)—The ACRS Chairman will make Planning and Procedures Subcommittee based process for prioritizing opening remarks regarding conduct of (Open/Closed)—The Committee will compliance issues. the meeting and comment briefly hear a report of the Planning and regarding items of current interest. Thursday, July 10, 1997 Procedures Subcommittee on matters related to the conduct of ACRS During this session, the Committee will 8:30 a.m.–8:35 a.m.: Opening discuss priorities for preparation of business, qualifications of candidates Remarks by the ACRS Chairman nominated for appointment to the ACRS reports. (Open)—The ACRS Chairman will make 8:45 a.m.–10:15 a.m.: Meeting with ACRS, and organizational and personnel opening remarks regarding conduct of the Director of the NRC Office of matters relating to the ACRS. the meeting. Nuclear Reactor Regulation (NRR) 8:35 a.m.–10:30 a.m.: Halden Reactor [Note: A portion of this session may be (Open)—The Committee will hear closed to discuss organizational and Project (Open/Closed)—The Committee personnel matters that relate solely to the presentations by and hold discussions will hear presentations by and hold with the NRR Director on items of internal personnel rules and practices of this discussions with representatives of the Advisory Committee, and information the mutual interest, including low-power NRC staff and its contractors regarding and shutdown operations risk, NRR release of which would constitute a clearly the ongoing and planned work at the unwarranted invasion of personal privacy.] research needs, status of fire inspection OECD Halden Reactor Project in the 11:00 a.m.–12:00 Noon: Preparation program, use of risk-informed, areas of human factors, instrumentation performance-based process for of ACRS Reports (Open)—The and control systems, software quality, Committee will discuss proposed ACRS prioritizing compliance issues, and and reactor fuels. coordination of ACRS review of NRR reports on matters considered during activities. [Note: A portion of this session may be this meeting. 10:30 a.m.–12:00 noon: Acceptance closed to discuss information provided in 1:00 p.m.–3:00 p.m.: Preparation of Criteria for Plant-Specific Safety Goals confidence by a foreign source.] ACRS Reports (Open)—The Committee and Deriving Lower-Tier Acceptance 10:45 a.m.–12:15 p.m.: Use of will continue its discussion of proposed Criteria (Open)—The Committee will RASCAL Code During Incident ACRS reports on matters considered hear a presentation by and hold Response (Open)—The Committee will during this meeting. discussions with the ACRS Senior hear presentations by and hold 3:15 p.m.–4:00 p.m.: Strategic Fellow regarding the results of his discussions with representatives of the Planning (Open)—The Committee will analysis performed to determine the NRC staff regarding the use of the continue its discussion of items of site-specific changes in core damage RASCAL code to calculate off-site doses. significant importance to NRC, 34090 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Notices including rebaselining of the Committee ACRS meeting notices, meeting http://www.nrc.gov/SECY/smj/ activities for FY 1998. transcripts, and letter reports are now schedule/htm 4:00 p.m.–4:30 p.m.: Miscellaneous available on FedWorld from the ‘‘NRC This notice is distributed by mail to (Open)—The Committee will discuss MAIN MENU.’’ Direct Dial Access several hundred subscribers; if you no matters related to the conduct of number to FedWorld is (800) 303–9672 longer wish to receive it, or would like Committee activities and matters and or ftp.fedworld. These documents and to be added to it, please contact the specific issues that were not completed the meeting agenda are also available for Office of the Secretary, Attn: Operations during previous meetings, as time and downloading or reviewing on the Branch, Washington, D.C. 20555 (301– availability of information permit. internet at http://www.nrc.gov/ 415–1661). Procedures for the conduct of and ACRSACNW. In addition, distribution of this participation in ACRS meetings were Dated: June 18, 1997. meeting notice over the internet system published in the Federal Register on Andrew L. Bates, is available. If you are interested in October 1, 1996 (61 FR 51310). In Advisory Committee Management. receiving this Commission meeting accordance with these procedures, oral schedule electronically, please send an [FR Doc. 97–16483 Filed 6–23–97; 8:45 am] or written statements may be presented electronic message to [email protected] or by members of the public and nuclear BILLING CODE 7590±01±P [email protected]. industry, electronic recordings will be * * * * * permitted only during the open portions NUCLEAR REGULATORY Dated: June 19, 1997. of the meeting, and questions may be COMMISSION Annette Vietti-Cook, asked only by members of the Assistant Secretary of the Commission. Committee, its consultants, and staff. Sunshine Act Meeting [FR Doc. 97–16610 Filed 6–20–97; 10:37 am] Persons desiring to make oral statements should notify Mr. Sam Duraiswamy, AGENCY HOLDING THE MEETING: Nuclear BILLING CODE 7590±01±M Chief, Nuclear Reactors Branch, at least Regulatory Commission. DATES: Weeks of June 23, 30, July 7 and five days before the meeting, if possible, NUCLEAR REGULATORY 14, 1997. so that appropriate arrangements can be COMMISSION made to allow the necessary time during PLACE: Commissioners’ Conference the meeting for such statements. Use of Room, 11555 Rockville Pike, Rockville, [Docket No. 50±508 and 50±509] still, motion picture, and television Maryland. Intent To Relocate Local Public cameras during this meeting may be STATUS: Public and Closed. limited to selected portions of the Document Room MATTERS TO BE CONSIDERED: meeting as determined by the Chairman. Notice is hereby by given that the Information regarding the time to be set Week of June 23 Nuclear Regulatory Commission (NRC) aside for this purpose may be obtained Wednesday, June 25 will be relocating the local public by contacting the Chief of the Nuclear 10:00 a.m. Briefing on Operating document room (LPDR) for records Reactors Branch prior to the meeting. In Reactors and Fuel Facilities (Public pertaining to Washington Public Power view of the possibility that the schedule Meeting) (Contact: William Dean, Supply System’s Washington Nuclear for ACRS meetings may be adjusted by 301–415–1726) Units 3 and 5 (WPPSS) site located in the Chairman as necessary to facilitate 11:30 a.m. Affirmation Session Satsop, Washington. The WPPSS LPDR the conduct of the meeting, persons (Public Meeting) (if needed) is currently located at the W. H. Abel 2:00 p.m. Briefing on Salem (Public planning to attend should check with Memorial Library, 125 Main Street, Meeting) (Contact: John Zwolinski, the Chief of the Nuclear Reactors Branch Montesano, Washington. Library staff 301–415–1453) if such rescheduling would result in informed the NRC that they no longer Week of June 30—Tentative major inconvenience. wish to maintain the document In accordance with Subsection 10(d) Thursday, July 3 11:30 a.m. Affirmation Session collection and request that it be moved. Public Law 92–463, I have determined (Public Meeting) (if needed) This notice invites public comment on that it is necessary to close portions of Week of July 7—Tentative possible LPDR locations in the Satsop, this meeting noted above to discuss Tuesday, July 8 Washington, area. matters that relate solely to the internal 3:30 p.m. Affirmation Session (Public Among the factors the NRC will personnel rules and practices of this Meeting) (if needed) consider in selecting a new location for Advisory Committee per 5 U.S.C. Week of July 14—Tentative the LPDR are the following: 552b(c)(2), to discuss information the Thursday, July 17 (1) Whether the institution is an release of which would constitute a 2:30 p.m. Meeting with NRC established document repository located clearly unwarranted invasion of Executive Council (Public Meeting) near the nuclear facility with a history personal privacy per 5 U.S.C. 552b(c)(6), (Contact: James L. Blaha 301–415– of impartially serving the public; and to discuss information provided in 1703) (2) The physical facilities available, confidence by a foreign source per 5 4:00 p.m. Affirmation Session (Public including shelf space, storage space, U.S.C. 552b(c)(4). Meeting) (if needed) patron workspace, copying equipment Further information regarding topics *The Schedule for Commission Meetings Is and computer access; to be discussed, whether the meeting Subject To Change on Short Notice. (3) The willingness and ability of the has been cancelled or rescheduled, the To Verify the Status of Meetings Call library staff to maintain the LPDR Chairman’s ruling on requests for the (Recording)—(301) 415–1292. Contact Person collection and assist the public in opportunity to present oral statements for More Information: Bill Hill (301) 415– locating records; and the time allotted therefor can be 1661. (4) The nature and extent of related obtained by contacting Mr. Sam * * * * * research resources, such as government Duraiswamy, Chief, Nuclear Reactors The NRC Commission Meeting documents; Branch (telephone 301/415–7364), Schedule can be found on the Internet (5) The public accessibility of the between 7:30 a.m. and 4:15 p.m. EDT. at: library, including handicap Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Notices 34091 accessibility, parking, ground amended to include operating controls (SAR), and the safety evaluation report (SER) transportation, and hours of operation, and limits to prevent hazardous are amended following an independent, particularly evening and weekend conditions. Such conditions include the third-party review of the VSC–24 design, to hours; address concerns raised by the Petitioners’ generation of explosive gases, caused by engineering consultant, Dr. Rudolf Hausler. (6) The proximity of the library to the interaction between the VSC The Petition has been referred to me existing user groups of the collection, if materials and the environments, pursuant to 10 CFR 2.206. By letter known. encountered during loading, storage, dated December 10, 1996, to Dr. Mary Comment period expires July 8, 1997. and unloading. Sinclair and Ms. Eleanor Roemer, on Written comments may be submitted to Further, Petitioners claim the VSC–24 behalf of the Petitioners, NRC Mr. David Meyer, Chief, Regulatory should not be used until: (i) An acknowledged receipt of the Petition Publications Branch, Office of independent third-party review team and provided the NRC staff’s Administration, U. S. Nuclear has examined the safety issues they determination that the Petition did not Regulatory Commission, Washington, raise; (ii) the potential impacts of all require immediate action by the NRC. DC 20555. Copies of comments received material aspects of the casks have been Notice of receipt was published in the may be examined at the NRC Public fully assessed; (iii) there is experimental Federal Register on January 13, 1997 Document Room, Gelman Building, verification of temperature calculations 2120 L Street NW, Washington, DC. (62 FR 1783). and heat transfer assessments and other On the basis of the NRC staff’s Questions concerning the NRC’s design assumptions; (iv) the safety of LPDR Program should be addressed to evaluation of the issues and for the the material coatings on components reasons given below, I have determined Ms. Jona L. Souder, LPDR Program and structures has been justified; and (v) Manager, Freedom of Information/Local that the Petitioners’ request should be the SAR, SER, and COC are amended to denied. Public Document Room Branch, Office include the necessary operating control of Information Resources Management, and limits to direct safe use of the VSC– II. Background U. S. Nuclear Regulatory Commission, 24. Washington, DC 20555, telephone On May 28, 1996, a hydrogen gas The Director of the Office of Nuclear ignition occurred during the welding of number 301–415–7170, or toll-free 1– Material Safety and Safeguards has 800–638–8081. the shield lid after spent fuel had been determined that the Petition should be loaded into a VSC–24 at the Point Beach Dated at Rockville, Maryland, this 18th day denied for the reasons stated in the Nuclear Plant. The hydrogen was of June, 1997. ‘‘Director’s Decision Under 10 CFR formed by a chemical reaction between For the Nuclear Regulatory Commission. 2.206’’ (DD–97–15), the complete text of a zinc-based coating (Carbo Zinc 11) and Russell A. Powell, which follows this notice. The decision the borated water in the spent fuel pool. Chief, Freedom of Information/Local Public and documents cited in the decision are On June 3, 1996, the NRC issued Document Room Branch, Office of available for public inspection and confirmatory action letters (CALs) to Information Resources Management. copying in the Commission’s Public those licensees using or planning to use [FR Doc. 97–16486 Filed 6–23–97; 8:45 am] Document Room, the Gelman Building, VSC–24s for dry storage of spent nuclear BILLING CODE 7590±01±P 2120 L Street, NW., Washington, DC. fuel, i.e., licensees for Point Beach A copy of this decision has been filed Nuclear Plant, Palisades Nuclear with the Secretary of the Commission Generating Plant, and Arkansas Nuclear NUCLEAR REGULATORY for the Commission’s review in One (ANO). The CAL issued to the COMMISSION accordance with 10 CFR 2.206(c). As licensee for ANO was supplemented on [Docket Nos. 50±255, 50±266, 50±301, 50± provided therein, this decision will June 21, 1996, and the CALs issued to 313, 50±368, 72±5, 72±7, 72±13, and 72± become the final action of the the licensees for Point Beach and 1007] Commission 25 days after issuance Palisades were supplemented on June unless the Commission, on its own Consumers Power Company 27, 1996. The CALs, as supplemented, motion, institutes review of the decision documented the licensees’ (Palisades Nuclear Plant), Wisconsin within that time. Electric Power Company (Point Beach commitments not to load or unload a Nuclear Plant, Units 1 and 2), Entergy Dated at Rockville, Maryland, this 18th day VSC–24 without resolution of material of June, 1997. Operations, Inc. (Arkansas Nuclear compatibility issues identified in a One, Units 1, and 2); Issuance of For the Nuclear Regulatory Commission. forthcoming general communication Director's Decision Under 10 CFR Malcolm R. Knapp, and subsequent NRC confirmation of 2.206 Acting Director, Office of Nuclear Material corrective actions taken by the Safety and Safeguards. licensees. The generic communication Notice is hereby given that the was issued on July 5, 1996, in the form Director, Office of Nuclear Material Director’s Decision Under 10 CFR 2.206 of NRC Bulletin 96–04, ‘‘Chemical, Safety and Safeguards, has issued a [DD–97–15] Galvanic, or Other Reactions in Spent Director’s Decision concerning a Fuel Storage and Transportation Casks.’’ I. Introduction Petition dated October 18, 1996, filed by NRC Bulletin 96–04 notified addressees Don’t Waste Michigan and the Lake On October 18, 1996, Don’t Waste about the potential for adverse Michigan Federation (Petitioners) under Michigan and the Lake Michigan chemical, galvanic, or other reactions Section 2.206 of Title 10 of the Code of Federation (Petitioners) filed a Petition among the materials of a spent fuel Federal Regulations (10 CFR 2.206). The pursuant to Section 2.206 of Title 10 of storage or transportation cask, its Petition requested that the U.S. Nuclear the Code of Federal Regulations (10 CFR contents, and the environments the cask Regulatory Commission order all users 2.206) requesting that the U.S. Nuclear may encounter during use. The actions of Ventilated Storage Casks (VSC–24) Regulatory Commission take the requested in Bulletin 96–04 included systems to refrain from loading any following action: reviewing the cask materials for casks until the certificate of compliance Prohibit loading of Ventilated Storage potential adverse reactions, evaluating (COC), safety analysis report (SAR), and Casks (VSC–24s) until the certificate of the short-term and long-term effects of safety evaluation report (SER) are compliance (COC), the Safety analysis report any identified reactions, and 34092 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Notices determining the adequacy of cask III. Discussion previously indicated, the NRC staff has operating procedures to minimize the The Petition requests an NRC order to documented the process, information, consequences of any identified users of VSC–24s not to load additional and results of its review of the licensees’ reactions. The NRC staff has casks until: (1) The COC, SAR, and SER responses to Bulletin 96–04 for use of acknowledged that the event are amended to contain operating the VSC–24 at ANO, Point Beach, and demonstrated that the cask vendor’s controls and limits to prevent hazardous Palisades in safety evaluations available (Sierra Nuclear Corporation) SAR for the conditions; (2) an independent third- for public review. Although the actions taken as part of VSC–24 and related NRC review, as party review team has examined the the CAL process provide adequate documented in the NRC staff’s SER, did safety issues raised by the Petitioners; assurance that technical and regulatory not adequately address the use of a zinc- (3) the potential impacts of all material compliance issues raised by the event at based coating and its reaction with the aspects of the casks have been fully acidic water in spent fuel pools. Point Beach will be resolved before a assessed; (4) there is experimental licensee loads or unloads a VSC–24, the In response to Bulletin 96-04 and to verification of temperature calculations NRC staff agrees with the Petitioners subsequent NRC staff inquiries, the and heat transfer assessments and other that it would be beneficial if the SAR licensees for ANO, Point Beach, and design assumptions; and (5) the safety of and other licensing basis documents Palisades submitted to the NRC the material coatings on components accurately describe the identified evaluations of possible material and structures has been justified. chemical reaction and the associated interactions and the effects of such Item 1: Prohibit Loading of VSC–24s operating controls and limits. The NRC interactions on cask performance and Pending Amendment of Documents staff is currently reviewing a proposed operation. The licensees also submitted amendment to the SAR and COC for the As noted in the NRC letter to the information on the operating controls VSC–24 design and will ensure that the Petitioners on December 10, 1996, the and limits that were implemented to information related to the identified Petitioners’ request to amend the COC, prevent hazardous conditions which chemical reaction and associated SAR, and SER is similar to a request may result from adverse material operating controls is adequately made by the Citizen’s Utility Board interactions. The operating controls and addressed in the appropriate licensing- (CUB) in a Petition dated September 30, basis documents. In addition, the NRC limits included controls for the 1996. The NRC staff denied the CUB environments that the casks encounter staff is processing a petition for petition on April 17, 1997, for the rulemaking, PRM–72–3, that may lead during use, requirements for inspections reasons that are identical to the reasons and environmental sampling, and to additional updating of independent stated here in denying the first part of spent fuel storage installation SARs and additional precautions for various cask the Petitioners’ request. operations. the inclusion of information on The circumstances set forth above operating controls and limits The NRC staff evaluated the responses made clear that, following the event at implemented as a result of the event at submitted by the licensee for ANO. As Point Beach, the NRC staff recognized Point Beach. However, the previously documented in the staff’s safety that additional evaluation of potential discussed controls to be implemented evaluation dated December 3, 1996, the material interactions was warranted for by the licensees and verified by the staff staff determined that the licensee’s all spent fuel transportation and storage as part of the CAL process, and the submittals provided the necessary level casks. In regard to the VSC–24, the enforceability of those controls under of confidence that the VSC–24 can be event and subsequent NRC inspections existing NRC requirements, make it used to safely store spent fuel over the made it apparent that actual changes in unnecessary to require revision of the 20-year period of the certificate. The the operating procedures or the design specific licensing documents cited by staff also determined that the operating of the cask would be necessary. CALs the Petitioners as a precondition for controls and limits proposed by the were issued to confirm licensees’ resuming cask operations at the licensee are acceptable and satisfy commitments to refrain from loading facilities using VSC–24s. Therefore, regulatory requirements. By a separate VSC–24s pending completion of the there would be no regulatory basis for letter, also dated December 3, 1996, the NRC staff’s review of the responses to granting the first part of the Petition to staff informed the licensee for ANC that Bulletin 96–04 and verification of the require amendment of the COC, SAR, or its corrective actions had been verified associated corrective actions. As SER before further loading of VSC–24s. by inspections performed by the NRC discussed, the CALs established a process by which the NRC staff could Item 2: Prohibit Loading of VSC–24s staff. Shortly thereafter, the licensee Pending Independent, Third-Party initiated cask loading activities. obtain confidence that operating controls and limits to address potential Review The NRC staff also evaluated the hazardous conditions are developed and Petitioners request the NRC to responses submitted by the licensees for implemented by each licensee using prohibit loading of VSC–24s until the Point Beach and Palisades. As VSC–24s. COC, SAR and SER are amended documented in the staff’s safety In particular, the CAL process ensures following an independent, third-party evaluations dated respectively April 8, that licensees will incorporate the review to address concerns raised by the 1997, and June 12, 1997, the staff necessary operating controls and limits Petitioners. The NRC staff performed a determined that the licensees into revised plant procedures. review of the VSC–24 design prior to evaluations and proposed operating Moreover, under existing NRC certification in 1993. As a result of the controls and limits are acceptable and requirements, the licensee must review, the staff determined that the satisfy regulatory requirements. adequately implement those revised design and operation of the cask system However, the CALs placed on Point procedures. For this reason, no changes is in compliance with 10 CFR Part 72. Beach and Palisades still remain in to the COC or SAR are needed to ensure The staff also concluded, with a high place until an NRC inspection is that enforceable operating controls and degree of assurance, that the VSC–24 performed to verify that the licensees’ limits are in place to address potential will safely store spent fuel over the 20– corrective actions are properly hazardous conditions during the loading year period of the certificate. implemented. or unloading of a cask. Further, as Notwithstanding the staff’s review and Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Notices 34093 determination in 1993, the Petitioners Petitioners’s specific concerns is the NRC staff completed its review of are claiming that a new, independent addressed below. responses for ANO, Point Beach, and review is needed before further VSC– (i) The Petitioners claim that the cask Palisades. The staff found these 24s are loaded. design allows for fuel elements to be in responses to be acceptable and found no While the event at Point Beach contact with the zinc primer creating a discrepancies of concern. There were revealed the need for additional galvanic couple which will accelerate minor differences in the operating evaluation by licensees and NRC of the corrosion of the zinc. The NRC staff controls implemented at the three potential material interactions in the considered galvanic effects between the facilities. However, the staff reviewed VSC–24 (and other transportation and Zircaloy fuel rods and the Carbo Zinc 11 these controls and concluded that all storage casks), the actions already taken, coating. The staff agrees that a galvanic three sets of controls are adequate to in the staff’s judgment, provide an effect would increase the corrosion rate preclude hazardous conditions during adequate response. In particular, of the zinc, with a corresponding cask operation. Bulletin 96–04 was issued to request increase in the hydrogen gas generation (iii) The Petitioners claim that the additional information from licensees rate, as the zinc in the Carbo Zinc 11 epoxy-coating applied to the exterior of using the VSC–24 on material coating is polarized to a more active the Multi-Assembly Sealed Basket interactions and compatibility in the potential. However, in the VSC–24 (MSB) could not withstand the VSC–24 and on the corrective actions design, several factors reduce the temperatures developed during long- implemented. The NRC staff then amount of zinc polarization such that term storage. Technical data on the type received and reviewed the responses there would not be a significant increase of epoxy coating used on the MSB were submitted by the licensees for ANO, in hydrogen generation. One factor is provided by the licensees in their Point Beach, and Palisades. The staff’s the contact resistances between the responses to Bulletin 96–04. The data reviews (as well as the licensees’) have stainless steel fuel assembly end-fittings show that the epoxy is temperature- been exhaustive and were performed by and the Zircaloy fuel rods and between resistant up to 350°F. The SAR for the an inter-disciplinary team of engineers the end-fittings and the Carbo Zinc 11 VSC–24 (which the staff reviewed and knowledgeable in materials, corrosion, paint. Another factor is the geometry of accepted prior to certification in 1993) metallurgy, chemistry, structural the VSC–24 and the fuel assemblies. shows that under normal or off-normal engineering, heat transfer, nuclear The fuel assemblies are placed in fuel storage conditions, the temperature of engineering, and other technical fields storage sleeves with a clearance of the MSB exterior will not exceed 300°F. needed to perform the review. The approximately 0.1 inch to 0.5 inch for the maximum allowable heat load of results of the staff’s reviews, including between the sides of the fuel assembly 24 kW and, therefore, will not degrade the necessary corrective actions, are and the sleeves. This clearance and the the epoxy. documented and justified in the staff’s physical design of the fuel assemblies (iv) The Petitioners claim that the December 3, 1996, April 8, 1997, and create shielding between the fuel rod low-temperature specification in the June 12, 1997, safety evaluations. These surfaces and the Carbo Zinc 11 coating. COC for moving the VSC–24 MSB was corrective actions include: cleanliness This shielding effectively reduces the not properly translated to the MSB shell checks before placing the cask in the galvanic action between the Zircaloy material compositions. Low-temperature spent fuel pool, venting and monitoring fuel rods and the Carbo Zinc 11 coating. embrittlement of the MSB shell material of the air space beneath the VSC–24 The Zircaloy fuel rods could contact the was evaluated by the NRC staff during shield lid during welding or cutting Carbo Zinc coated sleeves if the fuel its safety review before certification of activities, discontinuing welding or assembly is not centered in the storage the VSC–24. The composition of the cutting should the hydrogen sleeves or if the fuel rods are bowed. MSB shell material (SA516, Grade 70 concentration exceed 0.4% by volume However, the shielding effect and small carbon steel) is specified in the (10% of the minimum amount necessary Carbo Zinc/Zircaloy contact area would American Society for Mechanical for a combustible concentration), and still prevent significant galvanic action. Engineers, Boiler & Pressure Vessel sampling the boron concentration in the Hydrogen concentration measurements Code, Section II, SA–516, ‘‘Specification spent fuel pool and multi-assembly made at Point Beach and the hydrogen for Pressure Vessel Plates, Carbon Steel, sealed basket (MSB) water. While the monitoring performed at ANO during for Moderate- and Lower-Temperature staff agreed that the corrective actions loading of a VSC–24 in December 1996 Service.’’ The impact testing were necessary to prevent hazardous (NRC Inspection Report Nos. 50–313/ requirements for the MSB material are conditions during the loading and 96–25 and 72–13/96–02) support the found in American Society for Testing unloading of VSC–24s, the information conclusion that significant galvanic and Materials Specification A370 submitted by the Petitioners does not action between the Zircaloy and zinc (ASTM A370). ‘‘Methods and raise any new issues or provide any coating, and hence, increased hydrogen Definitions for Mechanical Testing of reason for the staff to question its generation, is not occurring in the VSC– Steel Products.’’ As specified in the conclusion that the VSC–24 will safely 24. In addition, even if there was an COC, SER, and SAR, each MSB shell store spent fuel over the 20-year period increase in hydrogen generation because material must be shown, during of the certificate. of the galvanic action, the staff has fabrication, by Charpy test per ASTM In reaching this conclusion, the NRC determined that the controls A370, to have 15 ft-lbs of absorbed staff evaluated the specific concerns implemented by the licensees for ANO energy at ¥50 °F. Further, movement of raised by the Petitioners related to the and Point Beach would prevent the MSB must occur only at ambient design of the VSC–24. The staff believes accumulation of a combustible temperatures of 0 °F or above to avoid that these concerns have already been concentration of hydrogen and its potential brittle fracture of the MSB addressed by the recent evaluations ignition. The staff will also review and material.1 The NRC staff considers the submitted in response to Bulletin 96–04, verify the adequacy of the controls by information submitted to NRC to implemented by the licensee for 1 At Palisades, the licensee has administratively support the certification of the VSC–24 Palisades. set a minimum ambient temperature of 10 °F for moving the first four MSBs (CMSB–01 through –04) design in 1993, or by other information (ii) The Petitioners claim that there to be loaded because the shell material for these submitted in support of NRC review and were numerous discrepancies in the MSBs does not have 15 ft-lbs of absorbed energy at inspection activities. Each of the responses to Bulletin 96–04. As noted, Continued 34094 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Notices

50 °F temperature difference to provide widely used method for removing and safety issues related to the VSC–24 sufficient margin because it places the moisture from spent fuel storage and design will be considered by the staff in MSB material at a temperature that is transportation casks. The process used this review.2 significantly above the temperature for the VSC–24 is a common process, In addition, it is my judgment that the where brittle fracture could occur. It which the NRC staff evaluated and NRC staff is fully capable of fulfilling should also be noted that the determined to be acceptable during the the responsibility for reviewing, temperature of the MSB shell itself safety review before certification in approving, and certifying dry cask 1993. In the staff’s judgment, would actually be substantially higher storage systems to be used under 10 CFR than the ambient temperature (e.g., 20°F experimental testing to verify a well- Part 72 which, by law, belongs to the for 25-year-old fuel), thus providing an established process is unnecessary. NRC. In conducting its review, the NRC even higher margin. In addition, it is (viii) The Petitioners claim that the staff must have reasonable assurance highly unlikely that any MSB movement thermal analyses for the VSC–24 have that the cask system will safely store activity would take place at temperature not been experimentally verified. The spent fuel over the period of the below 0°F. thermal analyses for the VSC–24 (v) The Petitioners claim that zinc- contained conservative key certificate. Further, the staff will assign steel interaction at 800 °F to 1000 °F and assumptions, including a total heat the necessary resources and expertise to possible steel embrittlement over a 20- generation of 1 kW per assembly (a total perform such reviews. When the NRC year period were not considered. Zinc- of 24 kW per cask). This assumption is staff lacks either the resources or steel interaction at the 800 °F to 1000 °F conservative because it is highly expertise to perform all or portions of temperature range was not considered unlikely that each assembly loaded in the review in-house, the NRC may, and and is not a concern because, as the cask will generate 1 kW of heat. In does, supplement its own ranks by documented in the VSC–24 SAR, addition, the assembly and total cask using outside specialists. temperatures in the MSB will not reach heat loads will continually decrease Item 3: Prohibit Loading of VSC–24s ° 800 F during storage. Maximum over time as the spent fuel decays. In Pending Assessment of Cask Materials temperatures would be 688 °F under light of the conservatisms in the thermal normal conditions and 708 °F under off- analyses, the staff does not see the need Petitioners request the NRC to normal conditions, for the maximum for requiring experimental verification prohibit loading of VSC–24s until the allowable heat load of 24 kW. of the VSC–24 thermal analyses. potential impacts of all material aspects Furthermore, over the storage period, Nevertheless, the COC requires that a of the casks have been fully assessed. As the temperatures within the MSB will thermal test be performed on the first previously stated, Bulletin 96–04 was continue to decrease as the heat load VSC–24 to be loaded. The purpose of issued to request information on decreases due to the decay of the spent the test is to measure the heat removal material interactions and compatibility fuel. performance of the VSC–24 system. The in spent fuel storage and transportation (vi) The Petitioners claim that the licensee for Palisades performed such a casks. In response to this request, the effect of molten zinc on Zircaloy has not test and summarized its results in a licensees for ANO, Point Beach, and been verified experimentally. The NRC letter to NRC dated June 10, 1993. The Palisades submitted evaluations on staff evaluated the durability and temperatures measured during the test possible material interactions in the behavior of the zinc coating under the were lower than the predicted VSC–24 and the effects of such range of storage temperatures. The temperatures. The results thus indicate interactions on cask performance and presence of molten zinc is not expected that the VSC–24 performs its intended operation. The only significant material under the storage temperatures and heat removal function. The thermal test interaction identified was between the at Palisades was performed with a 12 conditions, thus the effect of molten zinc-based coating and the borated kW heat load. To date, no VSC–24s have zinc on Zircaloy is not a concern. spent fuel pool water. As previously been loaded with greater than 12 kW However, as documented in the staff’s discussed, the operating controls and heat load. As required by the COC, the safety evaluations for ANO (dated limits put in place by the licensees thermal test must be performed for the December 3, 1996), Point Beach (dated provide an adequate level of confidence April 8, 1997), and Palisades (dated first cask to use any higher heat loads, up to 24kW. to prevent the adverse effects of this June 12, 1997), the staff did evaluate the interaction (generation and possible potential interaction between zinc vapor The NRC staff believes, based on the foregoing, that an independent, third- ignition of hydrogen gas and possible and Zircaloy and the effect of this depletion of boron in the water). The interaction. Based on the information party review is not warranted by the Petitioners’ specific concerns. However, staff reviewed these evaluations and, provided in the responses to Bulletin based on the information provided, 96–04, the staff concluded that the NRC review activities relating to the VSC–24 will nonetheless continue. In concluded that none of the identified potential interaction between zinc vapor material interactions would adversely and Zircaloy presented no immediate or particular, NRC inspection activities at the facilities operated by the licensees, affect the VSC–24’s ability to safely long-term safety concern for the spent store spent fuel over the 20-year period fuel stored in the VSC–24. the VSC–24 vendor, and the VSC–24 fabricators may lead to additional of the certificate. The results of the (vii) The Petitioners claim that the staff’s reviews are documented in the vacuum-drying process does not seem to reviews of the VSC–24. In addition, the staff is currently reviewing a proposed staff’s December 3, 1996, April 8, 1997, have been experimentally verified. and June 12, 1997, safety evaluations for Vacuum drying is a well-established, amendment, submitted by the VSC–24 vendor, to the SAR and COC for the ANO, Point Beach, and Palisades, respectively. ¥50 °F. Rather, these MSBs have 15 ft-lbs of VSC–24 design. This review will be absorbed energy at ¥40 °F. Thus, to retain the 50 °F performed in accordance with the staff’s temperature margin, the licensee has restricted ‘‘Standard Review Plan for Dry Cask 2 Recent concerns relating to the MSB closure movement of these four MSBs to an ambient Storage Systems’’ (NUREG–1536) to welds, as documented in NRC Inspection Report temperature of 10 °F or above. The NRC staff has No. 72–1007/97–204, dated April 15, 1997, may reviewed and approved the licensee’s ensure the thoroughness, quality, and result in further evaluations of the VSC–24 design administrative limit, as documented in NRC safety consistency of the review. Where and, if necessary, appropriate regulatory action to evaluation dated September 26, 1995. relevant, recent operational, technical, ensure continued safe use of the VSC–24. Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Notices 34095

Item 4: Prohibit Loading of VSC–24s discussed above, no adequate basis SECURITIES AND EXCHANGE Pending Experimental Verification of exists for granting the Petitioners’ COMMISSION Thermal and Other Design Assumptions request to prohibit licensees’ use of the Petitioners request the NRC to VSC–24 for dry cask storage of spent [File No. 1±9933] prohibit loading of VSC–24s until there nuclear fuel at Palisades, Point Beach, is experimental verification of or ANO pending: (1) Revision of the Issuer Delisting; Notice of Application temperature calculations and heat SAR, SER, and COC for the VSC–24 to To Withdraw From Listing and transfer assessments and other design contain operating controls and limits to Registration; (Amerac Energy assumptions. The thermal and other prevent hazardous conditions: (2) an Corporation, Common Stock, $0.05 Par engineering and design analyses for the independent third-party review to Value) VSC–24 contained conservative key examine the safety issues raised by the assumptions which are discussed in the Petitioners; and (3) experimental June 18, 1997. SAR and SER. In addition, the verification of temperature calculations Amerac Energy Corporation acceptance criteria for these analyses and heat transfer assessments and other (‘‘Company’’) has filed an application have margins of safety that the staff design assumptions. Furthermore, I with the Securities and Exchange conclude that the Petitioners’ other two considers to be sufficient. In light of the Commission (‘‘Commission’’), pursuant requests, an assessment of potential conservatisms and safety margins in the to Section 12(d) of the Securities impacts of VSC–24 material aspects and thermal and other analyses, the staff Exchange Act of 1934 (‘‘Act’’) and Rule does not see the need for requiring a safety justification of material coatings 12d2–2(d) promulgated thereunder, to experimental verification of the thermal on components and structures, have and other design assumptions used in already been fulfilled through the staff’s withdraw the above specified security evaluating the VSC–24. review of the licensees’ responses to (‘‘Security’’) from listing and Bulletin 96–04. registration on the Boston Stock Item 5: Prohibit Loading of VSC–24s A copy of this decision will be filed Exchange, Inc. (‘‘BSE’’). Pending Assessment of Material with the Secretary of the Commission The reasons cited in the application Coatings for the Commission to review in for withdrawing the Security from Petitioners request the NRC to accordance with 10 CFR 2.206(c). listing and registration include the prohibit loading of VSC–24s until the As provided by this regulation, this following: safety of the material coatings on decision will constitute the final action components and structures has been of the Commission 25 days after According to the Company, the justified. As discussed above, material issuance, unless the Commission, on its Security is also listed on the American interactions within the VSC–24 and own motion, institutes a review of the Stock Exchange, Inc. (‘‘Amex’’) effective their effect on cask operations and decision within that time. March 18, 1997 and an application on performance were evaluated by the Dated at Rockville, Maryland, this 18th day Form 8–A for registration of the Security licensees in response to Bulletin 96–04 of June, 1997. on the Amex was declared effective by and reviewed by the staff. Specifically, For the Nuclear Regulatory Commission. the Commission on March 5, 1997. The the licensees evaluated, and the staff Malcolm R. Knapp, Company cannot justify the expense of reviewed, the use of the zinc-based Acting Director, Office of Nuclear Material being listed on two exchanges and coating, its reaction with borated water Safety and Safeguards. thereby, wishes to withdraw from the and other cask environments, and the [FR Doc. 97–16484 Filed 6–23–97; 8:45 am] BSE. effect of the reaction or reaction Any interested person may, on or products on cask operations and on the BILLING CODE 7590±01±M before July 10, 1997, submit by letter to performance of the various cask components and structures. The staff the Secretary of the Securities and POSTAL RATE COMMISSION concluded that use of existing VSC–24s Exchange Commission, 450 Fifth Street, N.W., Washington, D.C. 20549, facts with the zinc-based coating is Sunshine Act Meeting acceptable in light of the operating bearing upon whether the application controls and limits for preventing NAME OF AGENCY: Postal Rate has been made in accordance with the hazardous conditions that must be Commission. rules of the exchanges and what terms, properly implemented by licensees TIME AND DATE: 10:30 a.m., Thursday, if any, should be imposed by the during cask loading and unloading. July 10, 1997. Commission for the protection of Based on the information provided, the PLACE: Conference Room, 1333 H Street, investors. The Commission, based on staff also concluded that neither the NW., Suite 300, Washington, DC 20268. the information submitted to it, will coating itself, nor its reaction with STATUS: Open. issue an order granting the application borated water or other cask MATTERS TO BE CONSIDERED: To discuss after the date mentioned above, unless environments, would have an adverse and vote on the Postal Rate Commission the Commission determines to order a effect on the performance of the cask Budget for FY 1998 and election of a hearing on the matter. components or structures during the Vice Chairman. period of spent fuel storage. For the Commission, by the Division of CONTACT PERSON FOR MORE INFORMATION: Market Regulation, pursuant to delegated IV. Conclusion Margaret P. Crenshaw, Secretary, Postal authority. The Petitioners requested that the Rate Commission, Suite 300, 1333 H Jonathan G. Katz, NRC prohibit loading of VSC–24s until Street, NW., Washington, DC 20268– 0001, Telephone (202) 789–6840. Secretary. the COC, SAR, and SER are amended to [FR Doc. 97–16536 Filed 6–23–97; 8:45 am] contain operating controls and limits to Margaret P. Crenshaw, BILLING CODE 8010±01±M prevent hazardous conditions. After Secretary. reviewing each of the Petitioners’ [FR Doc. 97–16579 Filed 6–19–97; 4:29 pm] claims, I conclude that, for the reasons BILLING CODE 7710±FW±P 34096 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Notices

SECURITIES AND EXCHANGE SECURITIES AND EXCHANGE For the Commission, by the Division of COMMISSION COMMISSION Market Regulation, pursuant to delegated authority. [File No. 1±13158] Jonathan G. Katz, [File No. 1±10824] Secretary. Issuer Delisting; Notice of Application Issuer Delisting; Notice of Application To Withdraw From Listing and [FR Doc. 97–16537 Filed 6–23–97; 8:45 am] To Withdraw From Listing and Registration; (The Great Train Store BILLING CODE 8010±01±M Registration; (Borland International, Company, Common Stock, $0.01 Par Inc., Common Stock, $.01 Par Value) Value) SECURITIES AND EXCHANGE June 18, 1997. June 18, 1997. COMMISSION The Great Train Store Company Borland International, Inc. Sunshine Act Meeting (‘‘Company’’) has filed an application (‘‘Company’’) has filed an application with the Securities and Exchange with the Securities and Exchange FEDERAL REGISTER CITATION OF PREVIOUS Commission (‘‘Commission’’), pursuant Commission (‘‘Commission’’), pursuant ANNOUNCEMENT: [To be Published]. to Section 12(d) of the Securities to Section 12(d) of the Securities STATUS: Closed Meeting. Exchange Act of 1934 (‘‘Act’’) and Rule Exchange Act of 1934 (‘‘Act’’) and Rule PLACE: 450 Fifth Street, N.W., 12d2–2(d) promulgated thereunder, to 12d2–2(d) promulgated thereunder, to Washington, D.C. withdraw the above specified security DATE PREVIOUSLY ANNOUNCED: To be withdraw the above specified security (‘‘Security’’) from listing and Published. (‘‘Security’’) from listing and registration on the Pacific Exchange registration on the Pacific Exchange (‘‘PCX’’ or ‘‘Exchange’’). CHANGE IN THE MEETING: Additional Item. (‘‘PCX’’ or ‘‘Exchange’’). The reasons cited in the application The following item will be considered The reasons cited in the application for withdrawing the Security from at a closed meeting scheduled to be held for withdrawing the Security from listing and registration include the on Tuesday, June 24, 1997, at 2:30 p.m.: following: Formal order of investigation. listing and registration include the Commissioner Johnson, as duty The Company has registered its following: officer, determined that Commission Security for inclusion on the Nasdaq According to the Company, the business required the above change and National Market effective on April 17, Security is also listed on the Nasdaq that no earlier notice thereof was 1997. The Security began trading at the National Market which was declared possible. opening of business on April 29, 1997. At times, changes in Commission effective by the Commission and In making the decision to withdraw priorities require alterations in the commenced trading on December 19, its Security from listing on the scheduling of meeting items. For further 1989. In order to reduce costs and Exchange, the Company considered (i) information and to ascertain what, if administrative duties the Company has the direct and indirect costs and any, matters have been added, deleted decided to list its securities only on the expenses associated with maintaining a or postponed, please contact: Nasdaq National Market. The Company listing on the Exchange concurrently has complied with the rules of the PCX The Office of the Secretary (202) 942– with the Company’s inclusion in the 7070. by requesting delisting of the Security. Nasdaq National Market; and (ii) the The PCX has raised no objection to the possibility that the dual listing would Dated: June 19, 1997. Company’s request. fragment the market for the Company’s Jonathan G. Katz, Any interested person may, on or securities. Secretary. before July 10, 1997, submit by letter to According to the Company, it has [FR Doc. 97–16628 Filed 6–20–97; 11:16 am] the Secretary of the Securities and complied with rules of the PCX by filing BILLING CODE 8010±01±M Exchange Commission, 450 Fifth Street, with such Exchange a copy of the NW., Washington, DC 20549, facts resolution adopted by the Company’s bearing upon whether the application Board of Directors authorizing the SMALL BUSINESS ADMINISTRATION withdrawal of its security from listing has been made in accordance with the # on the PCX and by setting forth in detail [Declaration of Disaster 2955] rules of the exchange and what terms, to such Exchange the reasons for such State of Louisiana if any, should be imposed by the proposed withdrawal, and the facts in Commission for the protection of support thereof. Ouachita Parish and the contiguous investors. The Commission, based on Any interested person may, on or Parishes of Caldwell, Jackson, Lincoln, the information submitted to it, will before July 10, 1997, submit by letter to Morehouse, Richland, and Union in the issue an order granting the application the Secretary of the Securities and State of Louisiana constitute a disaster after the date mentioned above, unless Exchange Commission, 450 Fifth Street, area as a result of damages caused by the Commission determines to order a N.W., Washington, D.C. 20549, facts severe storms and tornadoes which hearing on the matter. bearing upon whether the application occurred on May 27–28, 1997. For the Commission, by the Division of has been made in accordance with the Applications for loans for physical Market Regulation, pursuant to delegated rules of the exchange and what terms, damage may be filed until the close of authority. if any, should be imposed by the business on August 14, 1997 and for Jonathan G. Katz, Commission for the protection of economic injury until the close of investors. The Commission, based on business on March 13, 1998 at the Secretary. the information submitted to it, will address listed below or other locally [FR Doc. 97–16535 Filed 6–23–97; 8:45 am] issue an order granting the application announced locations: U.S. Small BILLING CODE 8010±01±M after the date mentioned above, unless Business Administration, Disaster Area the Commission determines to order a 3 Office, 4400 Amon Carter Blvd., Suite hearing on the matter. 102, Fort Worth, TX 76155. Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Notices 34097

The interest rates are: Percent Percent

Percent For Physical Damage: Businesses with credit avail- Homeowners with credit able elsewhere ...... 8.000 For Physical Damage: available elsewhere ...... 7.625 Businesses and non-profit or- Homeowners with credit avail- Homeowners without credit ganizations without credit able elsewhere ...... 8.000 available elsewhere ...... 3.875 available elsewhere ...... 4.000 Homeowners without credit Businesses with credit avail- Others (including non-profit or- available elsewhere ...... 4.000 able elsewhere ...... 8.000 ganizations) with credit Businesses with credit available Businesses and non-profit available elsewhere ...... 7.250 elsewhere ...... 8.000 organizations without For Economic Injury: Businesses and non-profit orga- credit available elsewhere 4.000 Businesses and small agricul- nizations without credit avail- Others (including non-profit tural cooperatives without able elsewhere ...... 4.000 organizations) with credit credit available elsewhere ... 4.000 Others (including non-profit or- available elsewhere ...... 7.250 ganizations) with credit avail- For Economic Injury: Businesses The number assigned to this disaster able elsewhere ...... 7.250 and small agricultural coopera- for physical damage is 295406 and for For Economic Injury: tives without credit available economic injury the number is 951500. Businesses and small agricul- elsewhere 4.000 tural cooperatives without (Catalog of Federal Domestic Assistance credit available elsewhere ..... 4.000 The number assigned to this disaster Program Nos. 59002 and 59008) for physical damage is 295606. For Dated: June 13, 1997. The number assigned to this disaster economic injury, the numbers are Aida Alvarez, for physical damage is 295512 and for 951700 for Mississippi; 951800 for Administrator, economic injury the number is 951600. Arkansas; and 951900 for Louisiana. [FR Doc. 97–16521 Filed 6–23–97; 8:45 am] (Catalog of Federal Domestic Assistance (Catalog of Federal Domestic Assistance BILLING CODE 8025±01±P Program Nos. 59002 and 59008) Program Nos. 59002 and 59008) Dated: June 13, 1997. Dated: June 17, 1997. Ginger Lew, Bernard Kulik, SOCIAL SECURITY ADMINISTRATION Acting Administrator. Associate Administrator for Disaster [FR Doc. 97–16520 Filed 6–23–97; 8:45 am] Assistance. Progress Report on Development of a BILLING CODE 8025±01±P [FR Doc. 97–16522 Filed 6–23–97; 8:45 am] Redesigned Method of Evaluating BILLING CODE 8025±01±P Disability in Social Security Claims SMALL BUSINESS ADMINISTRATION AGENCY: Social Security Administration. ACTION: Notice and solicitation of # SMALL BUSINESS ADMINISTRATION [Declaration of Disaster 2956] comments. [Declaration of Disaster #2954] State of Mississippi SUMMARY: This notice updates and As a result of the President’s major State of Ohio requests further comment on SSA’s disaster declaration on June 13, 1997, I research plan for developing a new find that the Counties of Bolivar, Hancock, Ottawa, Pickaway, and method for determining whether an Tunica, Warren, and Washington in the Union Counties and the contiguous individual is ‘‘disabled,’’ as defined in State of Mississippi constitute a disaster Counties of Allen, Champaign, the Social Security Act (the Act), for area due to damages caused by flooding Delaware, Erie, Fairfield, Fayette, purposes of entitlement or eligibility to beginning on February 28 and Franklin, Hardin, Henry, Hocking, disability benefits under titles II or XVI. continuing through April 21, 1997. Logan, Lucas, Madison, Marion, Notice of the original research plan, Applications for loans for physical Putnam, Ross, Sandusky, Seneca, Wood, including a request for comments, was damages may be filed until the close of and Wyandot in the State of Ohio published in the Federal Register on business on August 14, 1997, and for constitute a disaster area as a result of September 9, 1996 (61 FR 47542). This loans for economic injury until the close damages caused by severe storms and notice discusses: • of business on March 13, 1998 at the flooding which occurred on June 1 and Preliminary research that has been address listed below or other locally 2, 1997. Applications for loans for conducted on functional assessment announced locations: U.S. Small physical damages may be filed until the tools and occupational classification close of business on August 14, 1997 systems; Business Administration, Disaster Area • 2 Office, One Baltimore Place, Suite and for economic injury until the close Independent review and oversight 300, Atlanta, GA 30308. of business on March 13, 1998 at the of the research, including the related In addition, applications for economic address listed below or other locally disability evaluation study (DES), by the injury loans from small businesses announced locations: U.S. Small National Academy of Sciences (NAS); • located in the following contiguous Business Administration, Disaster Area Expert, technical guidance being 2 Office, One Baltimore Place, Suite provided by outside consultants; and counties may be filed until the specified • date at the above location: Claiborne, 300, Atlanta, GA 30308. The role of external stakeholders. Coahoma, DeSoto, Hinds, Humphreys, The interest rates are: In addition, this notice describes Issaquena, Panola, Quitman, Sharkey, SSA’s plans for future research and Sunflower, Tate, and Yazoo Counties in Percent development activities. DATES: Comments should be received in Mississippi; Chico, Crittenden, Desha, For Physical Damage: Lee, and Phillips Counties in Arkansas; Homeowners with credit avail- writing on or before August 8, 1997. and East Carroll, Madison and Tensas able elsewhere ...... 8.000 ADDRESSES: Please submit comments on Parishes in Louisiana. Homeowners without credit the Research Plan or requests to be Interest rates are: available elsewhere ...... 4.000 placed on the External Stakeholder 34098 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Notices mailing list (see External Stakeholders, that might be used in, or adapted for, a Report on findings and below) in one of the following manners: new decision process. recommendations for future directions. • By E-mail, to [email protected]. This review has already been After receiving the initial report, SSA • By telefax, to 410–966–0148. conducted by Virginia Commonwealth asked VCU to use the knowledge gained • By mail, to Disability Process University (VCU). It involved in their research on functional capacity Redesign Staff, Office of Disability, thoroughly researching the literature assessment instruments to expand and Social Security Administration, 6401 about systems, methods, and elaborate on their analysis. In July 1996, Security Boulevard, Room 560 instruments for measuring functional VCU issued the Report on Findings and Altmeyer, Baltimore MD 21235. ability and capacity to perform activities Recommendations for Future Directions. FOR FURTHER INFORMATION CONTACT: and tasks, and developing a systematic In this follow-up report, VCU David Barnes, 410–965–9121. method of describing, categorizing, expressed the opinion that the addition comparing, and evaluating those of functional assessment strategies to SUPPLEMENTARY INFORMATION: systems, methods, and instruments for the SSA disability determination Background the purpose of determining their process would greatly enhance the On September 9, 1996, SSA potential application in the disability effectiveness and efficiency of current published, in the Federal Register, decision process. assessment strategies. The report stated notice of the Research Plan For the VCU began research in August 1995. that the development and use of Development of a Redesigned Method of In March 1996, VCU completed its work appropriate functional assessment Evaluating Disability in Social Security and issued its report, titled Summary instruments for screening and as Claims (61 FR 47542). That notice Report. At SSA’s request, VCU prepared domain-specific batteries could described SSA’s research plan for a follow-up report, Report on Findings complement clinical assessment, developing a new method for deciding and Recommendations for Future increase the accuracy of residual whether an individual is ‘‘disabled’’ for Directions which was issued in July functional capacity assessments, and purposes of Social Security disability 1996. These reports are available on the potentially reduce cost related to program claims, but without changing Internet (http://www.ssa.gov/DPRT/ administrative reviews and litigation. the statutory definition of disability. functionallassessment.html) and are However, VCU also said that, currently, The notice also discussed integration of summarized below. there is no one functional assessment the DES and the disability decision Summary Report. In the Summary instrument which will measure the methodology research. (A summary of Report, issued in March 1996, VCU effects of all types of impairments on the research plan may also be accessed reported that its initial search of mental and physical functioning and on the Internet at: http://www.ssa.gov/ literature and other sources identified that the present status of functional DPRT/research.html.) approximately 700 functional assessment is not sufficiently refined to In the September 1996 notice, SSA assessment instruments. In conjunction allow a total reliance on this approach. also stated its intention to publish with SSA, VCU developed selection The VCU report identified six functional future notices to update the research criteria in order to focus on those domains that the authors felt should be plan at major milestones in the research instruments most appropriate to SSA’s addressed in an SSA-devised and development process. This is the needs. Forty-six (46) instruments met instrument for the measurement of first of these intended notices. the criteria and were further reviewed general function: and analyzed. VCU described the 46 • Activities of Daily Living. Research Plan To Develop Redesigned instruments and made the following • Mental Functioning Limitations. Disability Decision Methodology findings from its analysis of those • Physical Functioning Abilities. The current research plan includes instruments. • Psychiatric or Mental Health Status. three steps: (1) Initial Research; (2) Finding #1: The search yielded a large • Medical Information. Integration of Initial Research and number of instruments currently in use. • Social Support Networks. Development of a Prototype Disability Finding #2: The search yielded no The VCU report recommended that Decision Process (including DES Stage 1 truly global measure of function. SSA undertake the following activities activity); and (3) Final Testing Finding #3: Most functional as the next steps in the methodology (including DES Stage 2 activity). The assessments in use relied upon self- research and development process: research plan also calls for independent reported data. a. SSA should develop a global review and oversight; use of outside Finding #4: Self-report scales offer few functional assessment screening technical expert consultants; and use of mechanisms for validation of data. instrument that could be standardized stakeholder input. Finding #5: Automated functional and validated on the SSA applicant Step 1: Initial Research capacity systems offer more pool. SSA should directly develop or mechanisms for validation of data, but coordinate the development of a A. Four Reviews of Current Literature require more time and equipment. functional assessment instrument for The research plan calls for four Finding #6: Self-report questionnaires use in the disability determination literature reviews to gather background can be modified to offset potential process. The following steps should be information and data in subject areas of exaggeration of symptoms. completed. importance to the disability decision Finding #7: Predictive and concurrent • Determine the domains to be process. The four reviews, two of which validity of clinical instruments may not included in the assessment. have been completed, are described generalize to SSA claimant populations. • Develop a draft instrument for below. Finding #8: Specialized training for subsequent standardization and administering instruments needs to be a validation. 1. Functional Assessment Instruments consideration in selection. • Standardize and validate the The purpose of the functional Finding #9: Functional assessments instrument on a representative sample assessment research was to define the often include performance of social of SSA applicants. state of the art in assessing functional roles and expectations, not just • Based on the results of the initial capacity, and to identify instruments symptoms. analyses, develop a ‘‘second draft’’ of Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Notices 34099 the instrument for additional, more This research was begun in May of in the near future. The research should advanced, validation analyses. 1996 by the American Institutes for be completed in early 1998. • Based on the results of the second Research (AIR). In November 1996, AIR Note: This notice does not constitute a round of validation analyses, the issued the Final Report: Identification request for proposals or grant applications. instrument can then be readied for large and Analysis of Occupational Any unsolicited proposals or applications scale field-test implementation within Classification Systems. This report is submitted to SSA at this time, related to this the national disability determination available on the Internet at: http:// notice, will not be considered nor will their system. www.ssa.gov/DPRT/execsum.html. receipt be acknowledged. Any acquisitiion or b. SSA should directly develop or The initial search yielded 126 grant activity will be undertaken under the normal procedures for such activity. coordinate the development of detailed documents identifying and describing assessment batteries in each of the 33 occupational classifications systems 4. Vocational Factors Research domains identified above. of 5 different types. Although AIR did The final review is expected to be a • Initial batteries should be not find a candidate system that was survey and analysis of the literature on developed in each of the domains. exactly or ideally suited to SSA’s needs, the relationship between what SSA calls • Particular care should be given to it did find one database that closely ‘‘vocational factors’’ (i.e., age, education, the development of batteries in the areas matches SSA’s needs—the Department and work experience) and an of Mental Functioning Limitations and of Labor’s (DOL’s) Occupational individual’s ability to work. The Psychiatric or Mental Health Status. Information Network (O*NET), which is statutory definition of disability • The domain-specific functional currently under development. specifies that these vocational factors batteries should be prepared for a series Based on discussions with SSA, are to be considered when assessing of validation analyses. together with its review and analysis of disability: occupational classification systems, AIR 2. Occupational Classification Systems made five recommendations: An individual shall be determined to be under a disability only if his physical or The purpose of the review of Recommendation 1: Use O*NET; mental impairment or impairments are of occupational classification systems was Recommendation 2: Establish a such severity that he is not only unable to do to review existing systems and methods working relationship with the his previous work but cannot, considering his of classifying occupations, particularly Department of Labor; age, education, and work experience, engage in terms of the physical and mental Recommendation 3: Compare the in any other kind of substantial gainful work capacities required to do those occupational classification and which exists in the national economy * ** occupations, and evaluate such systems functional assessment taxonomies (Section 223(d)(2)(A) of the Act. Emphasis added.) and methods in terms of their potential before the Disability Evaluation Study; applicability to the redesigned Social Recommendation 4: Conduct analyses The purpose of the research is to Security disability decision process. of the O*NET database; and review current thinking on the actual This research related to one of the key Recommendation 5: Develop a effects of age, education, and work concepts in the disability decision prototype. experience on the ability to work. With process proposed in the disability this knowledge base, we will be able to 3. Other Disability Programs Systems process redesign—‘‘baseline work.’’ The begin developing an appropriate way to and Methods redesign plan called for determining account for those effects in a new disability in some cases by comparing The purpose of the third review is to: decision process. an individual’s functional ability to a • Survey existing systems and This research has not been conducted baseline of work that represents methods of deciding disability in other yet. We expect to initiate this research substantial gainful activity. This public and private programs, both in the near future. The research should baseline was expected to describe the domestic and foreign; and be completed early in 1998. basic physical and mental demands of • Identify methods, instrumentation, Note: This notice does not constitute a work (i.e., a range of functional criteria, research findings or other request for proposals or grant applications. activities that realistically reflects the features that may be appropriate to Any unsolicited proposals or applications demands of occupations that can be incorporate into, or otherwise be used in submitted to SSA at this time, related to this performed in the absence of prior skills developing, our new decision process. notice, will not be considered nor will their receipt be acknowledged. Any acquisition or or formal job training). The baseline There are many disability benefit grant activity will be undertaken under the would be used to evaluate whether an programs and other similar programs, normal procedures for such activity. individual’s functional ability is worldwide, that evaluate individuals to consistent with the ability to perform determine whether or not they have an B. Independent Review and Oversight substantial gainful work activity. impairment and to determine the extent On September 26, 1996, SSA awarded The review was designed to assist to which such impairment(s) limit their a four-year contract to the Institute of SSA in determining whether there exists ability to function, particularly in Medicine and the Committee on a standard to describe basic physical relation to work. These programs use National Statistics of the National and mental demands of a baseline of their own methods, instrumentation, Academy of Sciences (NAS) to conduct work (or whether it is feasible to and criteria to make decisions. Despite an independent, scientific review of develop such a standard). If such a significant differences between other SSA’s research and development of a standard were not found to exist and programs’ standards or purposes and new disability decision process, could not be developed, the research those established by law for SSA’s including the DES. should assist in determining an disability programs, some other In November 1996, NAS established a alternative process(es) determining programs may have features that can be committee of 14 experts, the Committee whether an individual is unable to do adapted to SSA’s new disability to Review the Social Security not only his or her previous work, but decision process, resulting in time and Administration’s Disability Decision also unable to engage in any other kind cost savings. Process Research (the committee), of substantial gainful work which exists This research has not been conducted which first met in January 1997. The in the national economy. yet. We expect to initiate this research committee’s review (study) will provide 34100 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Notices independent scientific analysis of all request as explained in ADDRESSES, • specify the precise features of a new aspects of SSA’s approach and methods above. decision process and identify all the for researching and developing the new The role of the external stakeholder is likely costs and benefits of decision process and conducting to comment on the research, but not to implementing that process. relevant DES research activities. be an active participant in any research This will involve additional testing to Consistent with the need for or testing. A number of individuals and address scaling, thresholds, validity, independence and impartiality, final organizations who responded to the and reliability as well as the potential decisions about study management and September 9, 1996 notice, appear to effects of a new disability decision work plan reside with the committee, have misinterpreted the request for method on both applicants and the which has authority and responsibility comment as a solicitation of potential adjudication process, e.g., potential for the conduct and oversight of the sources for research grants or contracts. changes in decision outcomes in study. The committee determines the Any grant or contracting activity will be individual cases or for certain kinds of best means to approach the conduct of clearly described as such and conducted cases, workload, short and long-term the study, sets its own agenda, and under the usual grant or contracting administrative expenses, trust fund designs its plan of work. procedures with appropriate public and expenditures, and timeliness of Study activities may include (but will industry notice. decisions. Analysis of the testing must not be limited to) the following broad As noted above, this notice does not address: whether the new process is issues: constitute a request for proposals or accurate; whether it changes decision • Review of SSA’s research plan and grant applications. Any unsolicited outcomes; whether it is simple to timeline for developing a new disability proposals or applications submitted to administer and facilitates consistent decision process; SSA at this time, related to this notice, • decisions at each adjudicative level; and Review of SSA’s DES design and will not be considered nor will their whether claimants, advocates, and activity; receipt be acknowledged. Any • stakeholders view the new method as Review of other related SSA acquisition or grant activity will be straightforward, understandable, and sponsored research, including research undertaken under the normal fair. findings; and procedures for such activity. The DES will play an important role • A final report containing the in gathering test data. However, it will committee’s findings and Step 2: Integration of Initial Research not be the only source of data. We recommendations. and Development of a Prototype Disability Decision Process, Including expect to need other sources of test data, C. Consultants Stage 1 of the DES and these will have to be developed. The envisioned methodology In September 1996, SSA began After step one activities are laboratories may provide controlled consultation with three outside experts completed, the next step will be to settings and representative samples in the subject areas of functional review the findings of the four initial within which data may be gathered and assessment of physical impairments, research surveys (i.e., functional a new disability decision process may occupational analysis, and health assessment instruments, occupational be tested. measurement. In March 1997, SSA classification systems, other program added consultants in two additional methodologies, and vocational factors) Comments on the September 1996 subject areas: functional assessment of and begin the development of a Notice mental impairments and research prototype of a new decision process. The SSA received comments from 27 methodology. The five consultants will This will require coordination and individuals or groups in response to the provide technical guidance in their integration of the knowledge acquired in September 1996 Notice concerning the respective specialties to SSA’s research the preliminary research, development Research Plan. We found the comments workgroup. of proposals for a new disability that related to the research plan or to the decision process, and conceptualization D. Internal and External Stakeholders development of a new disability of testing scenarios. SSA is committed to conducting this Stage 1 of the Disability Evaluation decision process very helpful. research in an inclusive environment. Study (DES) (for a detailed explanation Not all of the comments related to the To that end, SSA is providing updated of the DES, refer to the notice published research plan or decision process. Some information to, and requesting in the Federal Register (61 FR 47542) on comments related to other aspects of comments of, the general public in this September 9, 1996) can provide the SSA’s disability redesign, to notice. In addition, SSA is sending the facility to test proposed components of rehabilitation or return-to-work issues, same notice and request for comments a new decision process (e.g., specific or to other matters beyond the scope of to a comprehensive list of internal and functional assessment tools), with this project. external stakeholders. appropriate control and sampling SSA considered all the comments External stakeholders are individuals techniques. In addition, SSA envisions received, although it does not plan to and organizations with a special interest methodology laboratories within which respond directly to each comment. in SSA disability programs. By directing other potential components of a new Many of the suggestions were already updates and requests for comments not disability decision process may be part of the research plan and added only to the general public, but to a list tested in a controlled setting. weight for their inclusion as integral of individuals and organizations who parts of the plan; some of the have expressed a particular interest in Step 3: Final Testing and Stage 2 of the suggestions are still under this project, we hope to receive more DES consideration; and others are beyond specific feedback and commentary than The purposes of this final step will be the scope of this project. might be received by simply publishing to: We appreciate all of the input we notices to the general public. • Refine the prototype decision have received and we encourage Individuals or organizations interested process and develop data about the comments on this notice and on future in being considered external potential effects and consequences of notices, which will update the status of stakeholders should submit their implementation of the prototype; and the research. Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Notices 34101

Timeline A timeline of research plan actions and completion date goals is shown below.

Action Date

Development of Research Plan ...... Completed. Initial Research on Functional Assessment Instruments ...... Completed. Publication of Research Plan in FEDERAL REGISTER; Request for Internal and External Stakeholder Comments ...... Completed. Completion of Initial Research on Occupational Classification Systems...... Completed. Publication of FEDERAL REGISTER Notice Describing Initial Research Products and Updating Research Plan ...... 06/97. Other Disability Programs Research ...... 09/97±02/98. Vocational Factors Research ...... 09/97±02/98. Integration and Prototype Development ...... 09/97±09/98. Award of DES Contract ...... 12/97. FEDERAL REGISTER Notice Updating Research Plan; Request for Internal and External Stakeholder Comments ...... 12/97. Supplemental Research (as needed) and Testing ...... 04/98±04/99. DES Stage 1 Planning and Pilot for Field Work Begins...... 01/98±06/98. FEDERAL REGISTER Notice Updating Research Plan; Request for Internal and External Stakeholder Comments ...... 10/98. Review of All Research, Comments, and Testing in Conjunction with DES Stage 1 Data; DES Stage 2 Pilot ...... 05/99±10/99. DES Stage 2 Field Work ...... 10/99±09/00. FEDERAL REGISTER Notice Updating Research Plan, Including Any Interim Results; Request for Internal and External Stake- 10/99. holder Comments. Final Review of All Research, Testing, Comments, and DES Data; Recommendations for Possible New Final Disability Deci- 10/99±12/00 sion Process.

Dated: June 16, 1997. economic and policy) meeting Dated: June 13, 1997. Carolyn W. Colvin, scheduled for December 2–11, 1997 and Earl S. Barbely, Deputy Commissioner for Programs and (2) the ITU–T Study Group 2 meetings Chairman, U.S. ITAC for Telecommunication Policy. scheduled for the United Kingdom in Standardization. [FR Doc. 97–16490 Filed 6–23–97; 8:45 am] September and Hungary in October [FR Doc. 97–16430 Filed 6–23–97; 8:45 am] BILLING CODE 4190±29±P 1997. A more extensive agenda will be BILLING CODE 4710±45±M developed and distributed by fax or electronic mail to members prior to the DEPARTMENT OF STATE announced meeting including the DEPARTMENT OF TRANSPORTATION [Public Notice No. 2560] possibility of scheduling two ad hoc meetings, one for numbering and Office of the Secretary United States International routing, and one for accounting rates Notice of Request for Reinstatement, Telecommunications Advisory and call back applications within ITU– Without Change, of a Previously Committee (ITAC); Standardization T Study Group 3. Approved Collection for Which Sector (ITAC±T) Study Group A and The ITAC–T Study Group A session Approval Has Expired ITAC±T Meeting Notice will take place in Room 1207, from 9:30 AGENCY: Office of the Secretary, DOT. The Department of State announces A.M. to 12:30 P.M. and the National that the United States International Group will meet from 1:30 to 4:30 P.M. ACTION: Notice and request for comments. Telecommunications Advisory Members of the General Public may Committee (ITAC), Telecommunications attend this meeting and join in the SUMMARY: In accordance with the Standardization Sector (ITAC–T) discussions, subject to the instructions Paperwork Reduction Act of 1995 (44 National Study Group and Study Group U.S.C. Chapter 35, as amended), this A have scheduled two meetings to of the Chair. Admittance of public members will be limited to the seating notice announces the Department of develop United States positions and Transportation’s (DOT) intention to contributions for upcoming ITU–T available. In this regard, entrance to the Department of State is controlled. request the reinstatement, without meetings dealing with standardization change, of a previously approved activities of the International Questions regarding the meeting may be addressed to Mr. Earl S. Barbely at 202– collection for which approval has Telecommunications Union on July 16, expired. 1997 from 9:30 A.M. to 4:30 P.M. in 647–0197. Room 1207, at the Department of State, DATES: Comments on this notice must be Note: If you wish to attend please send a received by August 25, 1997. at 2201 C Street N.W., Washington, D.C. fax to 202–647–7407 not later than 24 hours ADDRESSES: Comments should be The U.S. National Group, ITAC–T, before the scheduled meeting. On this fax, directed to the Air Carrier Fitness will discuss and initiate preparations for please include subject meeting, your name, the upcoming January, 1997 social security number, and date of birth. Division (X–56), Office of Aviation Telecommunications Standardization One of the following valid photo ID’s will be Analysis, Office of the Secretary, U.S. Advisory Group (TSAG) meeting, while required for admittance: U.S. driver’s license Department of Transportation, 400 U.S. Study Group A will begin with your picture on it, U.S. passport, U.S. Seventh Street, SW., Washington, DC preparations to develop positions and Government ID (company ID’s are no longer 20590. contributions for (1) ITU–T Study Group accepted by Diplomatic Security). Enter from FOR FURTHER INFORMATION CONTACT: 3’s (Tariff and Accounting Principles the ‘‘C’’ Street Main Lobby. Carol A. Woods, Air Carrier Fitness including related telecommunications Division (X–56), Office of Aviation 34102 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Notices

Analysis, Office of the Secretary, U.S. Issued in Washington, DC on June 17, Respondents: Persons seeking to use Department of Transportation, 400 1997. or change the name or trade name in Seventh Street, SW., Washington, DC John V. Coleman, which they hold themselves out to the 20590, (202) 366–9721. Director, Office of Aviation Analysis. public as an air carrier or foreign air [FR Doc. 97–16401 Filed 6–23–97; 8:45 am] carrier. SUPPLEMENTARY INFORMATION: BILLING CODE 4910±62±P Estimated Number of Respondents: Title: Procedures and Evidence Rules 19. for Air Carrier Authority Applications: Average Annual Burden per 14 CFR Part 201—Air Carrier DEPARTMENT OF TRANSPORTATION Respondent: 4.6 hours. Authority under Subtitle VII of Title 49 Estimated Total Burden on of the United States Code (Amended); Office of the Secretary Respondents: 87.4 hours. 14 CFR Part 204—Data to Support This information collection is Notice of Request for Reinstatement, Fitness Determinations; available for inspection at the Air Without Change, of a Previously 14 CFR Part 291—Cargo Operations in Carrier Fitness Division (X–56), Office Approved Collection for Which of Aviation Analysis, DOT, at the Interstate Air Transportation. Approval has Expired OMB Control Number: 2106–0023. address above. Copies of 14 CFR Part Expiration Date: January 31, 1997. AGENCY: Office of the Secretary, DOT. 215 can be obtained from Ms. Carol Type of Request: Reinstatement, ACTION: Notice and request for Woods at the address and telephone without change, of a previously comments. number shown above. approved collection for which approval Comments are invited on: (a) Whether has expired. SUMMARY: In accordance with the the proposed collection of information Abstract: In order to determine the Paperwork Reduction Act of 1995 (44 is necessary for the proper performance fitness of persons seeking authority to U.S.C. Chapter 35, as amended), this of the functions of the Department, engage in air transportation, the notice announces the Department of including whether the information will Department collects information from Transportation’s (DOT) intention to have practical utility; (b) the accuracy of them about their ownership, request the reinstatement, without the Department’s estimate of the burden citizenship, managerial competence, change, of a previously approved of the proposed information collection; operating proposal, financial condition, collection for which approval has (c) ways to enhance the quality, utility and compliance history. The specific expired. and clarity of the information to be information to be filed by respondents DATES: Comments on this notice must be collected; and (d) ways to minimize the is set forth in 14 CFR Parts 201 and 204. received by August 25, 1997. burden of the collection of information Respondents: Persons seeking initial ADDRESSES: Comments should be on respondents, including the use of or continuing authority to engage in air directed to the Air Carrier Fitness automated collection techniques or transportation of persons, property, and/ Division (X–56), Office of Aviation other forms of information technology. or mail. Analysis, Office of the Secretary, U.S. All responses to this notice will be Estimated Number of Respondents: Department of Transportation, 400 summarized and included in the request 139. Seventh Street, S.W., Washington, DC for OMB approval. All comments will Average Annual Burden per 20590. also become a matter of public record. Respondent: 35.25 hours. FOR FURTHER INFORMATION CONTACT: Issued in Washington, DC on June 17, Estimated Total Burden on Carol A. Woods, Air Carrier Fitness 1997. Respondents: 4,900 hours. Division (X–56), Office of Aviation John V. Coleman, This information collection is Analysis, Office of the Secretary, U.S. Director, Office of Aviation Analysis. available for inspection at the Air Department of Transportation, 400 [FR Doc. 97–16402 Filed 6–23–97; 8:45 am] Seventh Street, SW., Washington, DC Carrier Fitness Division (X–56), Office BILLING CODE 4910±62±P of Aviation Analysis, DOT, at the 20590, (202) 366–9721. address above. Copies of 14 CFR Parts SUPPLEMENTARY INFORMATION: 201 and 204 can be obtained from Ms. DEPARTMENT OF TRANSPORTATION Title: Use and Change of Names of Air Carol Woods at the address and Carriers, Foreign Air Carriers, and telephone number shown above. Office of the Secretary Commuter Air Carriers, 14 CFR Part Comments are invited on: (a) Whether 215. the proposed collection of information Reports, Forms, and Recordkeeping OMB Control Number: 2106–0043. Requirements; Agency Information is necessary for the proper performance Expiration Date: September 30, 1996. of the functions of the Department, Collection Activities Under OMB Type of Request: Reinstatement, Review including whether the information will without change, of a previously have practical utility; (b) the accuracy of approved collection for which approval AGENCY: Office of the Secretary, DOT. the Department’s estimate of the burden has expired. ACTION: Notice. of the proposed information collection; Abstract: In accordance with the (c) ways to enhance the quality, utility procedures set forth in 14 CFR Part 215, SUMMARY: In accordance with the and clarity of the information to be before a holder of certificated, foreign, Paperwork Reduction Act of 1995 collected; and (d) ways to minimize the or commuter air carrier authority may (U.S.C. 3501 et seq.), this notice burden of the collection of information hold itself out to the public in any announces that the Information on respondents, including the use of particular name or trade name, it must Collection Requests (ICRs) abstracted automated collection techniques or register that name or trade name with below have been forwarded to the Office other forms of information technology. the Department, and notify all other of Management and Budget (OMB) for All responses to this notice will be certificated, foreign, and commuter air review and comment. The ICR describes summarized and included in the request carriers that have registered the same or the nature of the information collection for OMB approval. All comments will similar name(s) of the intended name and its expected cost and burden. The also become a matter of public record. registration. Federal Register Notice with a 60-day Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Notices 34103 comment period soliciting comments on approved devices which do not provide of this rule enables FRA to monitor each the following collections of information sufficient ‘‘visibility’’ to maintain the railroad’s compliance with its operating was published in 62 FR 15960, April 3, desired degree of safety in train rules regarding the movement of trains 1997. operations. and other rolling equipment in the DATES: Comments must be submitted no Estimated Annual Burden Hours: 21. railroad industry and the operating rules later than July 24, 1997. Form Number(s): N/A. instructions that each railroad provides FOR FURTHER INFORMATION CONTACT: Ms. Affected Public: Railroad Businesses. to its employees. FRA’s Office of Safety Gloria Eutsler, Office of Planning and Number of Respondents: 5. analyzes the information in considering Evaluation Division, RRS–21, Federal Title: Transmission of Train Order by waiver petitions, accident Railroad Administration, 400 Seventh Radio investigations, and inquiries into operating practices on selected Street, SW., Washington, DC 20590, Type of Request: Extension of a (202) 632–3318. railroads. Information will also enable currently approved information the FRA to review amendments to SUPPLEMENTARY INFORMATION: collection. railroad operating rules, timetables, and OMB Control Number: 2130–0524. Federal Railroad Administration (FRA) timetable special instructions and Abstract: As a result of increasing evaluate those changes in reference to Title: Certification of Glazing Material human-factor related accident rates, operational safety. Furthermore, this Type of Request: Extension of a including those accidents attributed to information enables FRA to monitor a currently approved information misuse of radios in railroad operations, railroad’s compliance with its operating collection. the FRA determined that there was a rules and evaluate a railroad’s program OMB Control Number: 2130–0525. need for stricter rules governing the use to achieve employee compliance with Abstract: FRA’s Safety Glazing of radios in railroad operations. Many its operating rules. If this information Standards (49 CFR Part 223) establish unsafe practices in the use of radios in was not made available to FRA, such minimum requirements for glazing railroad operations were occurring nondisclosure would impede materials to protect individuals from routinely. On January 27, 1977, the FRA prevention efforts, leaving accidents as personal injury as a result of objects published in the Federal Register a final the primary method to identify unsafe striking the windows of locomotives, rule establishing a new Part 220 (Radio railroad operating practices. passenger cars and cabooses. Standards and Procedures) which Estimated Annual Burden Hours: Specifically, Appendix A of Part 223 prescribes mandatory procedures 131,147. establishes requirements for the governing the use of radio Form Number(s): N/A. certification and permanent marking of communications in connection with Affected Public: Railroad Businesses. glazing materials by the manufacturer railroad operations. FRA’s Office of Number of Respondents: 600. Safety personnel reviewed this along with the responsibility of the Title: State Safety Participation information to determine that the manufacturer to make available test Regulations verification data to railroads and the minimum standards established by the FRA upon request. The certification, regulation are being met and will enable Type of Request: Extension of a marking and supporting testing data both the railroads and the FRA to focus currently approved information assures the railroads and the FRA that attention on these procedures which are collection. the particular type of glazing material unique to radio-train operations. FRA’s OMB Control Number: 2130–0509. Abstract: On October 16, 1970, has been tested and verified for use as analysis of the submittal will enable it Congress enacted the Federal Railroad either FRA Type I or Type II glazing. to identify unsafe operating practices in Estimated Annual Burden Hours: 321. the use of radio communications in Safety Act of 1970 (45 U.S.C. 435). This Form Number(s): N/A. railroad operations. If the submissions Act gave the Secretary of Transportation Affected Public: Railroad Businesses. were not required, accidents would then the authority to prescribe, as necessary, Number of Respondents: 5. be the primary method of identification appropriate rules, regulations, orders, and standards for all areas of railroad Title: Rear-end Marking Devices and prevention efforts would be hampered. safety. In order to establish nationally Type of Request: Extension of a Estimated Annual Burden Hours: uniform railroad regulations, the statute currently approved information 240,000. envisioned that the Federal Government collection. Form Number(s): N/A. would be responsible for the OMB Control Number: 2130–0523. Affected Public: Railroad Businesses. establishment and primary enforcement Abstract: On January 11, 1977, FRA Number of Respondents: 400. of railroad safety regulations. To assist issued Part 221 (Rear End Marking in achieving this goal, conflicting state Device—Passenger, Commuter and Title: Railroad Operating Rules and rules were preempted. In lieu of their Freight Trains) of Title 49, Radio Standards and Procedures prior role, states were given the Transportation. Through the Type of Request: Extension of a opportunity to participate with the requirements of this CFR part, FRA currently approved information Federal Government in carrying out a ensures that marking devices for the collection. portion of the investigative and trailing end of rear cars meet minimum OMB Control Number: 2130–0035. surveillance activities relating to any requirements regarding visibility and Abstract: As a result of an increasing safety rules issued under this statute. display. The regulations establish the number of accidents caused by human FRA implemented this statutory performance standards for ‘‘highly factors, the FRA determined that concept with the adoption of the State visible’’ marking devices in order to be railroad operating rules, implemented Participation Regulation in 1975 (49 approved by the Federal Railroad by all of the nation’s railroads, needed CFR Part 212) which provided the Administrator. The required regulatory review. On November 23, necessary administrative and legal submissions and recordkeeping 1974, FRA issued Part 217 (Railroad framework for enforcement and funding requirements enables FRA’s Operating Rules), 39 FR 41175 (1974). purposes. Federal funding for the state enforcement personnel to effectively These rules were substantially revised participation program was eliminated in control the use of illegal, ineffective, or on August 22, 1994. The requirements Fiscal Year 1986. State inspectors are 34104 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Notices now authorized to work in all FRA Administration) (NHTSA) is provided Title: Hours of Service Regulations inspection disciplines. States can for. On June 19, 1991, FRA issued a Type of Request: Reinstatement, with currently inspect track, freight cars, final rule on Qualifications for change, of a previously approved locomotives, brake systems, operating Locomotive Engineers implementing the collection for approval has expired. practices, safety glazing, safety requirements of Section 4 of the Rail OMB Control Number: 2130–0005. appliances, hazardous materials, and Safety Improvement Act of 1988. Abstract: These requirements resulted signal systems. FRA continues to assist Information collection requirements from enactment of the Hours of Service the states in (1) certifying their concerning individuals primarily will Act of 1907, later revised in 1969 by inspectors and provides on-the-job and be used by railroads to evaluate each Public Law 91–169. Further classroom training and (2) coordinating person’s qualification to be a locomotive amendments were enacted as part of the and consolidating state inspection plans operator. Secondary usage will be made Federal Railroad Safety Authorization into FRA’s National Inspection Plan. by FRA in monitoring those Act of 1976, Public Law 94–348. The This plan is revised annually to reflect qualification determinations and in stated purpose of the Act is ‘‘* * * to current safety issues and to establish the certain circumstances (appeals of promote the safety of employees and priority of national inspection efforts improper denial or revocation of travelers upon railroads by limiting the and ensure coordination with state certification) direct review of the hours of service of employees * * *.’’ safety programs. person’s fitness to be a locomotive Congress enacted the Act because of The information is collected in order operator. Information concerning an the many serious accidents that were to comply with Federal railroad safety individual encompasses four areas: (1) occurring before the limitations were laws and regulations concerning the Eligibility to be a locomotive operator imposed. The Act specified the State Participation Program. Inspection based on prior conduct; (2) physical maximum working hours of employees information received from state agencies fitness to perform the task in terms of engaged in one or more critical on their railroad safety investigative and visual and hearing acuity; (3) possession categories of work. Through the surveillance activities will be used by of adequate knowledge to perform the requirements of 49 CFR Part 228, the FRA to implement the statutory laws. A task as demonstrated by successful Federal Railroad Administration portion of the information is needed to passage of examinations; and (4) administers the requirements of the establish the legal authority for certain possession of adequate operational Hours of Service Act. aspects in processing administrative or skills as demonstrated by successful The recordkeeping requirements litigation responses in noncompliance passage of performance skill tests. In the contained in 49 CFR Part 228 were situations. The final portion of the absence of the data or any subset of this designed to collect the hours of duty for information is needed for the overall data, it will not be possible for a railroad covered employees, and records of train administration and management of the to determine whether a person is movements. Railroads whose employees program. These data are used in qualified to operate a locomotive. Stated have exceeded maximum duty monitoring the effectiveness of the conversely, railroads will be free to limitations must report the program and in preparing various certify unqualified persons to operate circumstances. These requirements annual safety reports including locomotives. Furthermore, absent such serve as a deterrent to violations and to mandated reports to the Congress. From data it would not be possible for FRA document violations for prosecution. this information, FRA can determine if to determine whether a railroad had Loss of life caused by excess service the State Participation Program is being acted appropriately in granting or today is practically non-existent. productive and properly managed. denying a person certification. The regulations pertaining to Estimated Annual Burden Hours: Information collection requirements construction of employee sleeping 12,041. concerning particular railroads will be quarters are contained in Subpart C of Form Number(s): 6180.10, 29, 29A, used by FRA to evaluate the quality of 49 CFR Part 228 (Hours of Service of 67, 68, 68A, 69, 79, 96, 96A, 96B. each railroad’s localized aspect of the Railroad Employees). A railroad that has Affected Public: States, Local or Tribal overall program. Information concerning developed plans for construction or Government. each railroad’s program encompasses reconstruction of sleeping quarters must Number of Respondents: 32. eight areas: (1) the selection of obtain approval of the Federal Railroad designated supervisors of locomotive Administration by filing a petition Title: Qualification of Locomotive engineers, (2) the selection of the classes conforming to the requirements of Engineers of service for engineers, (3) the Sections 228.101, 228.103, and 228.105. Type of Request: Extension of a evaluation of the safety conduct of FRA’s Office of Safety utilizes the currently approved information engineers, (4) the evaluation of information while performing collection. engineer’s hearing and visual acuity, (5) compliance, violation and accident OMB Control Number: 2130–0533. the education of engineers, (6) the investigations. Without this Abstract: Section 4 of the Rail Safety testing of engineers, (7) the operational information, FRA would be Improvement Act of 1988 required FRA monitoring of engineers and (8) the handicapped during enforcement and a to adopt rules prescribing the licensing procedural aspects of the operation of railroad would permit excess service to or certification of locomotive operators. the certification program. In the absence occur. Under the statute those rules were to be of the data or any subset of this data, it The information contained in the structured so that (1) FRA approves the will not be possible for FRA to petitions for approval for construction qualification standards set by railroads; determine whether a railroad has an of employee sleeping quarters is used by (2) FRA prescribes minimum training appropriate method for determining that FRA headquarters staff to prepare and requirements; (3) FRA requires a person is qualified to operate a issue the public notice, by regional staff comprehensive knowledge of relevant locomotive. in investigation of the petitions, and by operating procedures; and (4) Estimated Annual Burden Hours: the Associate Administrator for Safety consideration of motor vehicle driving 182,362. to render an informed and logical records (including data on file with the Form Number(s): N/A. approval or denial of such petitions. National Driver Register maintained by Affected Public: Railroad Businesses Estimated Annual Burden Hours: National Highway Traffic Safety Number of Respondents: 620. 748,791. Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Notices 34105

Form Number(s): 6180.3. These same inspection reports are Port of NY/NJ, is conducting a Affected Public: Railroad Businesses. examined periodically by Federal and workshop to solicit comments from the Number of Respondents: 400. State investigators to determine the public on potential changes to the Title: Designation of Qualified railroad’s compliance with the marine salvage and firefighting Persons (Track) and Records of Results inspection frequency requirement of the requirements currently found in 33 CFR of Track Inspections Track Safety Standards and persons 155. This workshop is intended to serve Type of Request: Extension of a assigned to inspect tracks have been as an open forum for the discussion of currently approved information properly designated. By comparison of issues relevant to specifying salvage and collection. remedial action notations on the reports firefighting response capabilities and OMB Control Number: 2130–0010. with actual track conditions, it is responsibilities. Federal, state, and local Abstract: The Track Standards (49 possible to judge the quality of railroad agencies and the public are invited to CFR 213) establish requirements for the performed inspections. The railroads participate and provide oral or written inspection of all track to determine its employ some 5,000 persons who are comments. This notice announces the suitability for train operation and routinely engaged in track inspection date, time, location, and format for the Section 213.7 prescribes that and the review of these reports may workshop. inspections for determination of safety reveal weaknesses, if any, in the DATES: The workshop is scheduled for compliance must be conducted by railroad’s inspection and maintenance Tuesday, August 5, 1997, from 8:00 a.m. persons possessing the necessary program or discrepancies in employee to 5:00 p.m. qualifications and authority to institute designation. The absence of these ADDRESSES: The workshop will be held immediate remedial action. Since the inspection reports would substantially at the Holiday Inn and Suites, 625 1st first indications of impending safety harm the Government’s railroad safety Street, Alexandria, Virginia. Written defects must be recognized and acted program. comments should be mailed to upon by the railroad employee assigned Estimated Annual Burden Hours: Commandant (G–MOR–3), Room 2100, to inspect track, it is imperative that the 1,764,774. U.S. Coast Guard, 2100 Second Street, individual assigned possess the Form Number(s): N/A. Affected Public: Railroad Businesses. SW., Washington, DC 20593–0001, experience and knowledge required to Number of Respondents: 500. ATTN: LT Roger Laferriere. effectively perform that function. The ADDRESSES: FOR FURTHER INFORMATION CONTACT: railroads are required to assure Send comments to the Office of Information and Regulatory LT Roger Laferriere, Response themselves that any person assigned to Operations Division (G–MOR–3), U.S. inspect track or repair track is indeed Affairs, Office of Management and Budget, 725 17th Street, NW., Coast Guard, telephone (202) 267–0448, qualified and to maintain a list of those fax (202) 267–4085. employees. The form of that record is Washington, DC 20503, Attention: DOT Desk Officer. Comments are invited on SUPPLEMENTARY INFORMATION: The vessel left to the discretion of the railroad and response plan regulations found in 33 may be computerized. However, the whether the proposed collection of information is necessary for the proper CFR 155 require vessel owners and record must show each designation in operators to identify salvage and effect and the basis for each designation. performance of the functions of the Department, including whether the firefighting assets in their response These records must be kept current and plans. These assets must be ensured available to Federal and State track information will have practical utility; the accuracy of the Department’s available through the use of contracts or inspectors engaged in the enforcement other approved means. of the Track Standards. estimate of the burden of the proposed information collection; ways to enhance Due to concerns over the capacity of Subpart F of the Track Standards (49 the quality, utility and clarity of the salvage and firefighting resources in the CFR 213) establishes requirements for information to be collected; and ways to United States that existed in 1993, no the inspection of all track by qualified minimize the burden of the collection of specific response times were mandated persons to determine its suitability for information on respondents, including for the salvage or firefighting resources train operation and Section 213.241 the use of automated collection for five years. However, under the final prescribes that appropriate records of techniques or other forms of information rule, Vessel Response Plans, 61 FR 1052 those inspections be maintained at the technology. (January 12, 1996), beginning on railroad’s division headquarters. The February 18, 1998, vessel response form of that record is left to the Issued in Washington, DC on June 17, plans submitted for approval must discretion of the railroad and may be 1997. identify salvage and firefighting either preprinted or computerized. Vanester M. Williams, resources that are capable of being However, the record must show when Clearance Officer, United States Department deployed to the port nearest to the area the inspection was made, the specific of Transportation. in which the vessel operates within 24 track inspected, any conditions which [FR Doc. 97–16400 Filed 6–23–97; 8:45 am] hours of notification. requires repair and must be signed by BILLING CODE 4910±62±P The regulations currently leave it up the inspector. Track inspection records to vessel owners and operators to must be retained at the railroad’s determine their salvage and firefighting division headquarters for one year. Rail DEPARTMENT OF TRANSPORTATION response needs, and to arrange for the inspection records must be retained for Coast Guard appropriate level of resources. In order two years after the inspection. to ensure consistency throughout the These reports are used initially by the [CGD 97±035] U.S., and to ensure that adequate railroad companies to see that tracks are salvage and firefighting resources are in inspected periodically, that the Vessel Response Plan Workshop place as required, the Coast Guard is inspectors are properly qualified, that AGENCY: Coast Guard, DOT. considering amending the regulations to the tracks are in safe condition for train ACTION: Notice of meeting. specify requirements for salvage and operations, and the reports may be used firefighting contractors. for maintenance planning where SUMMARY: The Coast Guard, together The workshop format will consist of repetitive defective conditions occur. with the Maritime Association of the an opening plenary session to discuss 34106 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Notices the Coast Guard’s purpose for the of information, including the validity of DEPARTMENT OF TRANSPORTATION workshop, followed by concurrent the methodology and assumptions used; workgroup breakout sessions. The (3) ways to enhance the quality, utility, Federal Aviation Administration workshop will conclude with a closing and clarity of the information to be plenary session including reports from collected; and (4) ways to minimize the [Summary Notice No. PE±97±34] the breakfast sessions and a summary of burden of the collection of information the workshop findings. Depending on on respondents, including through the Petitions for Exemption; Summary of Petitions Received; Dispositions of the interest generated by this notice, use of appropriate automated, Petitions Issued there may be time for limited individual electronic, mechanical, or other presentations before the breakout technological collection techniques or AGENCY: Federal Aviation sessions. Anyone wishing to make a other forms information technology, Administration (FAA), DOT. presentation should submit their name, e.g., permitting electronic submission of address, organization (if any) and a ACTION: Notice of petitions for responses. summation of their presentation at least exemption received and of dispositions 14 days prior to the workshop to DATES: Submit any comments to OMB of prior petitions. Commandant (G–MOR), Room 2100, and FAA by August 25, 1997. SUMMARY: Pursuant to FAA’s rulemaking 2100 Second Street, SW., Washington, SUPPLEMENTARY INFORMATION: provisions governing the application, DC 20593–0001, ATTN: LT Roger and disposition of petitions for Laferriere. Title: Revised Standards for Cargo or exemption (14 CFR Part 11), this notice Dated: June 13, 1997. Baggage Compartments in Transport contains a summary of certain petitions R.C. North, Category Airplanes. seeking relief from specified Rear Admiral, U.S. Coast Guard, Assistant Need: The information collection requirements of the Federal Aviation Commandant for Marine Safety and associated with Parts 121 and 135 is Regulations (14 CFR Chapter I), Environmental Protection. necessary to ensure operators’ dispositions of certain petitions [FR Doc. 97–16524 Filed 6–23–97; 8:45 am] previously received, and corrections. compliance to the upgrade of the fire BILLING CODE 4910±14±M The purpose of this notice is to improve safety standards for cargo or baggage the public’s awareness of, and compartments in certain transport participation in this aspect of FAA’s DEPARTMENT OF TRANSPORTATION category airplanes by eliminating Class regulatory activities. Neither publication D compartments. of this notice nor the inclusion or Federal Aviation Administration Respondents: 130 air carriers. omission of information in the summary is intended to affect the legal status of Agency Information Collection Frequency: Quarterly. any petition or its final disposition. Activity: Proposed Collection; Burden: The FAA conservatively DATES: Comment Request estimates that, on average, the rule Comments on petitions received must identify the petition docket would require two additional work AGENCY: Department of Transportation, number involved and must be received hours per quarter for each of the Federal Aviation Administration. (DOT/ on or before July 15, 1997. FAA). approximately 130 affected carriers, for an estimated 1040 hours annually. ADDRESSES: Send comments on any ACTION: Notice. petition in triplicate to: Federal FOR FURTHER INFORMATION CONTACT: Aviation Administration, Office of the SUMMARY: In compliance with the Chief Counsel, Attn: Rule Docket (AGC– Paperwork Reduction Act (44 U.S.C. Or to obtain a copy of the request for 200), Petition Docket No. 3501 et seq.) this notice announces that clearance submitted to OMB, you may llllllll, 800 Independence the information collection request contact Ms. Judy Street at the: Federal Avenue, SW., Washington, D.C. 20591. described below has been forwarded to Aviation Administration, Corporate Comments may also be sent the Office of Management and Budget Information Division, ABC–100, 800 electronically to the following internet (OMB) for review and comment. The Independence Avenue, SW., address: 9–NPRM–[email protected]. FAA published a Notice of Proposed Washington, DC 20591. The petition, any comments received, Rulemaking on the Revised Standards Comments may be submitted to the and a copy of any final disposition are for Cargo or Baggage Compartments in agency at the address above and to: filed in the assigned regulatory docket Transport Category Airplanes, on June Office of Information and Regulatory and are available for examination in the 13, 1997. This notice describes the Affairs, Office of Management and Rules Docket (AGC–200), Room 915G, paperwork burden associated with that Budget, Room 10202, Attention FAA FAA Headquarters Building (FOB 10A), rule and allows for a 60-day comment Desk Officer, 725 17th Street, NW, 800 Independence Avenue, SW., period while the paperwork package is Washington, D.C. 20591; telephone being reviewed by OMB. The following Washington, DC 20503. (202) 267–3132. information describes the nature of the Issued in Washington, DC on June 18, information collection and its expected 1997. FOR FURTHER INFORMATION CONTACT: burden. Steve Hopkins, Heather Thorson (202) 267–7470 or With respect to the following Angela Anderson (202) 267–9681 Office Manager, Corporate Information Division, of Rulemaking (ARM–1), Federal collection of information, FAA invites ABC–100. Aviation Administration, 800 comments on: (1) Whether the proposed [FR Doc. 97–16527 Filed 6–23–97; 8:45 am] collection of information is necessary Independence Avenue, SW., for the proper performance of FAA’s BILLING CODE 4910±13±M Washington, DC 20591. functions, including whether the This notice is published pursuant to information will have practical utility; paragraphs (c), (e), and (g) of § 11.27 of (2) the accuracy of the agency’s estimate Part 11 of the Federal Aviation of the burden of the proposed collection Regulations (14 CFR Part 11). Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Notices 34107

Issued in Washington, D.C., on June 18, passengers on local flights in return for certificate, for the purpose of carrying 1997. receiving donations. passengers on local flights in return for Michael E. Chase, Grant, May 30, 1997, Exemption No. receiving donations. Acting Assistant Chief Counsel for 6639. Grant, May 30, 1997, Exemption No. Regulations. Docket No.: 28825. 6632. Docket No.: 28884. Petitioner: The University of Docket No.: 28807. Petitioner: Aero Sky. Oklahoma. Petitioner: Yankee Air Force. Sections of the FAR Affected: 14 CFR Sections of the FAR Affected: 14 CFR Sections of the FAR Affected: 14 CFR 145.37(b). 141.64. 91.315, 119.5(g), and 119.21(a). Description of Relief Sought: To Description of Relief Sought/ Description of Relief Sought/ permit Aero Sky to obtain a Federal Disposition: To allow The University of Disposition: To allow Yankee Air Force Aviation Administration repair station Oklahoma to recommend graduates of to operate its former military Boeing B– certificate without having suitable its approved flight instructor 17G aircraft (B–17G), Registration No. permanent housing facilities for at least certification course for flight instructor N3193G, Serial No. 77255, which has a one of the heaviest aircraft within the certificates without those graduates limited category airworthiness weight class of the rating it seeks. taking the FAA flight test. certificate, for the purpose of carrying Docket No.: 28732. Grant, May 27, 1997, Exemption No. passengers on local flights in return for Petitioner: Vieques Air Link, Inc. 6628. receiving donations. Sections of the FAR Affected: 14 CFR Docket No.: 28753. Grant, May 30, 1997, Exemption No. 119.2(a) and 121.2(a)(1)(i). Petitioner: Neuse River Foundation, 6631. Description of Relief Sought: To Inc. Docket No.: 28356. permit Vieques to continue to operate Sections of the FAR Affected: 14 CFR Petitioner: Douglas Aircraft Company. its Britten-Norman BN–2A Mark III Tri- 61.118. Sections of the FAR Affected: 14 CFR Islander aircraft in scheduled operations Description of Relief Sought/ 21.325(b)(1). under the requirements of 14 CFR part Disposition: To permit certain private Description of Relief Sought/ 135 after March 20, 1997, the deadline pilots to search for ‘‘point pollution’’ on Disposition: To allow Douglas Aircraft to transition to part 121. the Neuse River and receive Company to issue airworthiness reimbursement for their expenses. Dispositions of Petitions approvals for new aircraft that are Grant, May 28, 1997, Exemption No. assembled and flight-tested, (MD–90 Docket No.: 26440. 6630. airplanes) located and manufactured Petitioner: Dassault Falcon Jet Docket No.: 26095. outside of the United States. Corporation. Petitioner: Cochise Community Grant, May 27, 1997, Exemption No. Sections of the FAR Affected: 14 CFR College. 6626. 47.65 and 47.69(b). Sections of the FAR Affected: 14 CFR Docket No.: 22558. Description of Relief Sought/ 141.65. Petitioner: Boeing Commercial Disposition: To permit Dassault to Description of Relief Sought/ Airplane Group. obtain a Dealer’s Aircraft Registration Disposition: To allow Cochise Sections of the FAR Affected: 14 CFR Certificate without meeting the United Community College to recommend 47.69(b). States citizenship requirements, and to graduates of its approved certification Description of Relief Sought/ conduct limited flights outside the course for flight instructor certificates Disposition: To permit flight testing and United States under this certificate. with airplane single-engine ratings sales demonstrations outside the United Grant, March 28, 1997, Exemption No. without those graduates taking the FAA States with its Dealer’s Aircraft 5315A. practical test. Registration Certificates and Temporary Docket No.: 25748. Grant, May 27, 1997, Exemption No. Registration Numbers, subject to the Petitioner: Popular Rotorcraft 6629. following conditions: Association, Inc. Docket No.: 28834. 1. The aircraft must be owned by Sections of the FAR Affected: 14 CFR Petitioner: LifePort, Inc. Boeing: 91.319(a) (1) and (2). Sections of the FAR Affected: 14 CFR 2. The aircraft must have a temporary Description of Relief Sought/ 25.562 and 25.785(b). registration number or an assigned Disposition: To permit Popular Description of Relief Sought/ number affixed as provided by 14 CFR Rotorcraft Association, Inc., and its Disposition: To permit certification of part 45; member flight instructors to conduct medical stretchers for transport of 3. When the aircraft does not have a pilot and flight instructor training in an persons whose medical condition standard airworthiness certificate, experimental gyroplane for dictates such accommodation. The permission of the host country compensation or hire. exemption is for installation on Cessna (countries) must be obtained before Grant, May 30, 1997, Exemption No. 750 series airplanes. flights to or through that country; 5209E. Grant, May 23, 1997, Exemption No. 4. Boeing shall maintain records of Docket No.: 28869. 6625. each international flight for a period of Petitioner: Aero Classics, Inc. Docket No.: 28858. one year after the aircraft returns to the Sections of the FAR Affected: 14 CFR Petitioner: Evergreen International United States, such records to consist of: 91.315, 119.5(g), and 119.21(a). Airlines, Inc. a. Registration number and aircraft Description of Relief Sought/ Sections of the FAR Affected: 14 CFR serial number; Disposition: To allow Aero Classics, 91.315, 119.5(g), and 119.21(a). b. Dates of departures and return to Inc., to operate its North American TB– Description of Relief Sought/ the United States; and, 25N aircraft (TB–25N), Registration No. Disposition: To permit Evergreen to c. General overseas itinerary. N9079Z, Serial No. 44–30734, which operate its former military Boeing B– Grant, May 28, 1997, Exemption No. holds a limited category airworthiness 17G aircraft (B–17G), which has a 6627. certificate, for the purpose of carrying limited category airworthiness Docket No: 26267. 34108 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Notices

Petitioner: Anne L. Julio. Petitioner: Saudia Arabian Airlines SUPPLEMENTARY INFORMATION: The Sections of the FAR Affected: 14 CFR Corporation. workshop will discuss an appendix to 121.311(b). Sections of the FAR Affected: 14 CFR ACs 27–1 and 29–2A pertaining to Description of Relief Sought/ 61.2, 63.2, and 67.12. emergency flotation systems used on Disposition: To allow Ms. Jacqueline A. Description of Relief Sought/ rotorcraft not specifically certificated for Julio to be secured by a personal safety Disposition: To allow Saudia pilots to be ditching but used for operations over- belt and held on her caregiver’s lap examined for and issued U.S. water. FAA representatives will give while on board the aircraft although she certificates and ratings required to presentations on operational rules, has reached her second birthday. operate its fleet as if it were a ditching versus emergency flotation Grant, June 3, 1997, Exemption No. certificated U.S. air carrier. The systems, and potential research and 5195C. amendment would expand the development programs relative to Docket No.: 28846. exemption to include Boeing 747–400, rotorcraft flotation systems. In addition, Petitioner: Gulfstream International Boeing 777–200, McDonnell Douglas there will be presentations by float Airlines, Inc. MD–11F, and McDonnell Douglas MD– manufacturers, rotorcraft manufacturers, Sections of the FAR Affected: 14 CFR 90 aircraft. and operators of rotorcraft with floats. 121.359(g). Grant, June 7, 1997, Exemption No. Description of Relief Sought/ 3923H. Workshop Procedures Disposition: To allow Gulfstream Docket No.: 28855. The workshop is being chaired by the International Airlines, Inc., to operate Petitioner: Offshore Logistics, Inc. Rotorcraft Directorate. Participants will certain Beechcraft 1900 C aircraft with Sections of the FAR Affected: 14 CFR also include FAA representatives from oxygen masks that are not equipped 135.152(a). Flight Standards and representatives with an installed microphone. Description of Relief Sought/ from industry. Grant, June 2, 1997, Exemption No. Disposition: To allow Offshore Logistics, The following procedures will be 6596A. Inc., to operate certain rotocraft with a used to conduct the workshop: Docket No.: 18114. seating configuration, excluding any 1. Registration will be accepted until Petitioner: Federal Express pilot seat, of 10 to 19 seats without an July 3, 1997. There will be no Corporation. approved flight data recorder. registration fee. Registration may be Sections of the FAR Affected: 14 CFR Grant, June 4, 1997, Exemption No. accomplished by contacting the person 121.547(c) and 121.583(a). 6637. listed under the caption FOR FURTHER Description of Relief Sought/ [FR Doc. 97–16526 Filed 6–23–97; 8:45 am] INFORMATION CONTACT. 2. Statements by the FAA will be Disposition: To permit Federal Express BILLING CODE 4910±13±M Corporation to carry a reporter, made to facilitate discussion and should photographer, or journalist aboard its not be taken as expressing a final FAA Boeing 747 and McDonnell Douglas DC– DEPARTMENT OF TRANSPORTATION position. 3. The FAA will consider all material 8 aircraft without complying with presented at the workshop by certain passenger-carrying requirements Federal Aviation Administration participants. of part 121. Grant, June 3, 1997, Exemption No. Rotorcraft Emergency Float Systems Issued in Fort Worth, Texas, on June 10, 2600K. Advisory Material; Technical 1997. Workshop Docket No.: 28842. Eric Bries, Petitioner: Air Tahoma, Inc. AGENCY: Federal Aviation Acting Manager, Rotorcraft Directorate, Sections of the FAR Affected: 14 CFR Administration (FAA), DOT. Aircraft Certification Service. 121.345(c). ACTION: Notice of technical workshop. [FR Doc. 97–16531 Filed 6–23–97; 8:45 am] Description of Relief Sought/ BILLING CODE 4910±13±M Disposition: To allow Air Tahoma to SUMMARY: The FAA is conducting a operate without a TSO–C112 (Mode S) technical workshop open to the public transponder installed in its aircraft to discuss advisory material on DEPARTMENT OF TRANSPORTATION operating under the provisions of part Rotorcraft Emergency Float Systems 121. which will be included in advisory Federal Aviation Administration Grant, June 2, 1997, Exemption No. circulars (ACs) 27–1, Certification of [Docket No. 28939] 6635. Normal Category Rotorcraft, and 29–2A Docket No.: 28847. Certification of Transport Category Policy and Guidance Regarding Petitioner: Trans States Airlines. Rotorcraft. This material will be Benefit Cost Analysis for Airport Sections of the FAR Affected: 14 CFR published in summer 1998 as an Capacity Projects Requesting 121.433(c)(1)(iii), and 121.441 (a)(1) and appendix to ACs 27–1 and 29–2A. Discretionary Airport Improvement (b)(1), and appendix F. DATES: The workshop will be held from Program Grant Awards and Letters of Description of Relief Sought/ 8 a.m. to 4:30 p.m. CDT on July 15–16, Intent Disposition: To allow Trans States 1997. AGENCY: Federal Aviation Airlines regulatory relief to the extent ADDRESSES: The workshop will be held Administration; Department of necessary to establish an annual single at the FAA Southwest Regional Office, Transportation. visit training program for its pilots in an 2601 Meacham Boulevard, Don P. ACTION: Notice of Policy; Request for effort to eventually transition into the Watson Conference Room, 4th Floor, Comments. Advanced Qualification Program Room 448, Fort Worth, Texas 76137. codified in Special Federal Aviation FOR FURTHER INFORMATION CONTACT: SUMMARY: The Federal Aviation Regulation No. 58. Sharon Miles, Rotorcraft Standards Administration (FAA) is issuing interim Grant, June 3, 1997, Exemption No. Staff, FAA, Rotorcraft Directorate, Fort guidance for conducting airport benefit 6636. Worth, Texas 76193–0110, telephone cost analysis (BCA) for capacity projects Docket No.: 23753. (817) 222–5122 or fax (817) 222–5961. using Airport Improvement Program Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Notices 34109

(AIP) grants or Letters of Intent (LOI). with maintaining a national aviation two notices of policy. The first, ‘‘Policy The FAA is also modifying in two ways system that operates safely and for Letter of Intent Approvals Under the its policy requiring BCAs for capacity efficiently. The Federal Government Airport Improvement Program’’ [59 FR projects when applying for AIP grants or pursues this objective in part by 54482], clarified the FAA’s policies on LOIs awarded for capacity projects at investing Federal funds, via AIP grants- reviewing and analyzing request for the discretion of the Secretary of in-aid, in modern airport facilities LOIs under the AIP or successor Transportation. These modifications are sufficient to handle current and future programs. The notice stated that the (1) To clarify that it is the airport air traffic and by facilitating local FAA will consider three factors in sponsors who are required to prepare investment in such facilities. reviewing requests for LOIs; the and submit BCAs and (2) to lower the AIP was first authorized in the project’s effect on overall national air threshold of expected cost, above which Airport and Airway Improvement Act of transportation system capacity; project BCAs are required, from $10 million to 1982 (the AAIA). On July 5, 1994, the benefit and cost; and the airport $5 million. The objective is to improve President signed Public Law 103–272, sponsor’s financial commitment to the the effectiveness of AIP investments in Codification of Certain U.S. project. The notice further stated that meeting capacity needs of the national Transportation Laws as Title 49, United the project must have present value airport system. States Code (the Codification), which benefits which exceed present value For all projects for which airport now contains the statutory authority for costs for LOI consideration. The policy sponsors seek $5 million or more in AIP the AIP (the AIAA was repealed by was applicable to any request for LOI capacity discretionary funds, a enactment of the Codification). The under AIP at primary or reliever airports completed BCA must accompany the Codification provides authority and for airside development projects with application for grants commencing in direction for the award of formula and significant capacity benefits. It was Fiscal Year 1998. With regard to LOIs, discretionary grants-in-aid-by the intended to maximize the system-wide a BCA must be completed for any Secretary. Section 47115 of the impact of capacity projects. request for a LOI to be issued in Fiscal Codification authorizes the Secretary to The other notice, ‘‘Policy Regarding Year 1997 and thereafter. make AIP discretionary funds available Revision of Selection Criteria for The interim guidance follows the in a manner that the Secretary considers Discretionary Airport Improvement general structure used for all benefit most appropriate for carrying out the Program Grant Awards’’ [59 FR 54484], cost assessments but has been purposes of chapter 471, subchapter 1, stated that benefit-cost analysis would extensively tailored for applicability to of the Codification (i.e., airport be required for any discretionary airport projects. The FAA invites airport improvement). Section 47110(e) capacity grant application which was sponsors and other interested parties to establishes authority for the Secretary to expected to equal or exceed $10 million comment on the interim guidance. FAA issue LOIs. Section 47115(d) specifies over the life of the project. The policy will consider these comments in that, in selecting projects for was undertaken to implement Executive promulgating final BCA guidance for discretionary grants or LOIs to preserve Order 12893, ‘‘Principles for Federal airport sponsors. Commenters are and enhance capacity at airports, the Infrastructure Investments,’’ and encouraged to base their observations on Secretary must consider the projects’ guidance provided in Congressional experience gained in using the interim benefits and costs. hearings regarding the use of economic guidance to actually evaluate projects. The FAA revised the prior award analysis in evaluating Federal Airport sponsors and other interested process in 1994 to include the investment in airport infrastructure. The parties may obtain copies of the interim preparation of BCA for discretionary new policy was applicable to all new ‘‘FAA Airport Benefit-Cost Analysis’’ by capacity projects the costs of which projects to be considered for AIP grant contacting either of the individuals were expected to exceed $10 million. awards in FY 1995 and subsequent named below under the heading FOR Those analyses were frequently years. FURTHER INFORMATION CONTACT. prepared by FAA staff in consultation Application of BCA for discretionary with project sponsors. Factors leading to AIP grants was limited to those capacity DATES: Comments must be received by that change included the need to projects for which the total value of June 24, 1998. Effective date June 24, improve the effectiveness of Federal requested discretionary capacity grants 1997. airport infrastructure investments in was expected to equal or exceed $10 ADDRESSES: Comments should be light of a decline in Federal AIP million over the life of the project. This mailed, in triplicate, to Federal Aviation budgets; issuance of Executive Order limit assured that costs likely to be Administration, Office of Chief Counsel, 12893, ‘‘Principles for Federal incurred in preparing a BCA were Attention: Rules Docket (AGC–200), Infrastructure Investments’’ (January 26, reasonable with respect to the value of Docket 28939, 800 Independence 1994); and guidance form Congress the applications being evaluated. The Avenue, SW., Washington, DC 20591. citing the need for economic airport $10 million threshold was also the same FOR FURTHER INFORMATION CONTACT: investment criteria. value at which the FAA must notify Ellis Ohnstad, Manager, Airports Under the 1994 criteria, the FAA Congress prior to the issuance of LOI Financial Assistance Division (APP– required the application of BCA to awards. 500), Federal Aviation Administration, projects intended to preserve or enhance Initially, FAA staff conducted the 800 Independence, SW., Washington, capacity for which sponsors seek large BCA to ensure the consistent DC 20591, (202) 267–3831; or Ward amounts of AIP discretionary funds. application of BCA methodologies Keech, Policy and Systems Analysis Projects to add new capacity or among different projects, but the LOI Division (APO–200), Office of Aviation reconstruct existing capacity were policy published in the October 31, Policy and Plans, Federal Aviation included under the policy. LOIs and 1994, Federal Register stated ‘‘the FAA Administration, 800 Independence, discretionary grant awards over $10 may revise this policy.’’ The SW., Washington, DC 20591, (202) 267– million became contingent on discretionary AIP grant policy 3321. demonstrating that a project’s benefits published on the same date also stated SUPPLEMENTARY INFORMATION: The exceed its costs. that future refinements would consider Secretary of Transportation and the In the Federal Register, Vol. 59, No. ‘‘assignment of some or all BCA Administrator of the FAA are charged 209, October 31, 1994, the FAA issued responsibilities to project sponsors 34110 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Notices

(subject to FAA review).’’ Experience performing BCA. The FAA is soliciting workload created by reducing the with airport capacity project BCA since comments on the guidance itself: threshold and found that only a small the time of the published policies selection of alternatives, proposed increase in workload would result. For (October 31, 1994), has led FAA to methodology, use of sensitivity analysis, these reasons, the FAA has concluded believe that for BCA to be effective it and similar technical issues in the that it is reasonable to establish the new has to be accomplished early in the guidance. The FAA invites comments threshold at $5 million. The interim airport planning process by the airport on the new $5 million threshold for the guidance should be used by airport sponsor. This enables the airport project cost above which a BCA must be sponsors when preparing BCAs for sponsor to use the BCA in the performed. Additionally, the FAA is proposed projects which are subject to alternatives selection process at a time inviting comments on the preparation of the BCA requirement. when the BCA still has value. If the BCA forecasts of enplanements and Airport sponsors should use the is delayed until just before the airport operations which are included in the interim ‘‘FAA Airport Benefit-Cost sponsor requests discretionary AIP official FAA forecasts. The official FAA Analysis Guidance’’ when preparing funds, many alternatives may not be forecasts use an annual structured BCAs for proposed projects. The FAA considered because the planning process which allows for input from recognizes that, as experience is gained process will have progressed to the airports and other interested non-FAA by using these procedures, additional point of excluding previously feasible parties. This annul process allows for improvements and modifications may pathways. the modification of forecasts to reflect be needed to be made in the criteria While the time at which a BCA is changing conditions and the FAA used to evaluate applications for LOIs prepared is left to the discretion of the specifically requests comments and and discretionary AIP grants. FAA sponsor, appropriate occasions are airport sponsor participation in this intends to use this experience and during master planning, in conjunction review process. comments received on the interim with environmental studies, or during There are certain BCA items on which guidance in formulating a final guidance project formulation. Costs attributable to the FAA is not allowed discretion and, document. The period for comments preparing the BCA are allowable costs therefore, on which we are not inviting extends for a period of one year from the in airport planning (including comments, namely, (1) Tdiscount rate, date this notice is published in the environmental analysis) projects and, (2) the value of life, (3) the value of Federal Register. After that time, the like other project formulation costs such injury, and (4) the value of time. comments from airport sponsors and as for engineering and design, may be The revised policies for performing other interested parties will be reimbursed in conjunction with a grant BCA are: airport sponsors are considered, the guidance will be for a subsequent project. encouraged to perform BCA during the modified to incorporate those comments With the information included in the development of the airport master plans, which will improve it, and the guidance interim ‘‘FAA Airport Benefit-Cost in conjunction with environmental will then be made final. The interim Analysis Guidance,’’ airport sponsors studies, or concurrently with other guidance will remain in effect will be able to apply uniform standards project formulation activities. When not throughout this period. in their analysis of capacity projects. feasible to include BCA during these The FAA recognizes that airport Also, by proposing that the airport activities, airport sponsors are sponsors have not yet had an sponsor perform the BCA, the FAA responsible for conducting a BCA on a opportunity to comment on the interim believes that the airport sponsor is more supplemental basis and submitting it to guidance and that project applicants likely to accept the BCA as one of the FAA. The FAA is responsible for will be reviewed, in part on associated several useful tools, not merely as a reviewing the BCA as part of the BCAs. As a result, until the guidance is requirement imposed from outside. evaluation process of the AIP request; made final, the FAA will consider any To establish some uniformity among the FAA may request further detail on supplemental material which the airport analyses, the FAA prepared interim the BCA; the FAA may perform an sponsor believes should be considered ‘‘FAA Airport Benefit-Cost Analysis independent BCA of the project. in evaluating LOI and discretionary AIP Guidance,’’ the document on which we That revised procedures described in grant applications. now are soliciting comments. This this policy apply to any request for an interim guidance follows the standard LOI to be issued in Fiscal Year 1997 and Issued in Washington, DC on June 18, structure of all benefit cost analysis. It thereafter, and to all new airport 1997. consists of: defining the project capacity projects requesting Paul Galis, objective; specifying assumptions; discretionary AIP grant awards in excess Director, Office of Airport Planning and identifying a base case and its of $5 million beginning in Fiscal Year Programming. alternatives; determining the evaluation 1998. FAA is reducing the threshold at John Rodgers, period; determining the effort to be which a BCA is required to $5 million Director, Office of Aviation Policy and Plans. expended in the analysis; assessing from $10 million for three reasons. First, [FR Doc. 97–16457 Filed 6–23–97; 8:45 am] benefits and costs; comparing results of the Executive Order 12893 requires alternatives; performing sensitivity Federal agencies to apply BCA to all BILLING CODE 4910±13±M analyses; and making an informed projects, and revising the previous recommendation. The interim guidance policy threshold will move the agency DEPARTMENT OF TRANSPORTATION tailors each of these steps in the BCA further toward the goal established by process to the specific situation of the Executive Order. Second, in its 1994 Surface Transportation Board airports and expresses FAA notice of policy which announced the expectations, experience, and lessons BCA requirement, FAA noted that, after [STB Finance Docket No. 33414] learned for each step. evaluating its experience with the BCA Penn-Jersey Rail Lines, Inc.Ð The FAA is requesting that airport process, it would consider establishing Acquisition and Operations sponsors and other interested parties a lower threshold. FAA has concluded ExemptionÐWMI Properties, Inc. comment on the interim guidance so there is no technical reason the that the final guidance will be as useful threshold cannot be reduced. Finally, Penn-Jersey Rail Lines, Inc. (PENN), a as possible to airport sponsors in the FAA has considered the additional noncarrier, has filed a verified notice of Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Notices 34111 exemption under 49 CFR 1150.31 to Rail Lines, Inc.—Acquisition and DEPARTMENT OF THE TREASURY acquire from WMI Properties, Inc., and Operation Exemption—WMI Properties, to operate as a common carrier, railroad Inc., wherein PENN seeks to acquire and [Treasury Directive Number 16±13] lines starting at the turnout from the operate certain rail lines from WMI track of Consolidated Rail Corporation, Properties, Inc. Operating Center for Government at milepost 6.1, and extending for a total Applicants control one existing Class Accounting and Financial Reporting of 2.2 miles, all within the Penn Warner III railroad subsidiary: SMS Rail and the Establishment of the Chief Industrial Park, Falls Township, Bucks Accounting Officer Position; Authority Service, Inc., operating in the State of County, PA. Delegation The transaction is expected to be New Jersey. consummated on or after June 18, 1997. Applicants state that: (i) the rail lines June 17, 1997. This transaction is related to STB to be operated by PENN do not connect 1. Delegation: By virtue of the Finance Docket No. 33415, Jeffrey L. with any railroad in the corporate authority granted to the Fiscal Assistant Sutch and Leonard J. Smolsky— family; (ii) the transaction is not part of Secretary by Treasury Order (TO) 101– Continuance in Control Exemption— a series of anticipated transactions that 05, this Directive delegates to the Penn-Jersey Rail Lines, Inc., wherein the would connect PENN with any railroads Commissioner, Financial Management named individuals have concurrently in the corporate family; and (iii) the Service, all authority vested in the filed a verified notice to continue in transaction does not involve a Class I Secretary of the Treasury by Sections control of PENN, upon its becoming a carrier. Therefore, the transaction is 114 (b) and (c) of the Budget and Class III rail carrier. exempt from the prior approval Accounting Procedures Act of 1950 (31 If the verified notice contains false or requirements of 49 U.S.C. 11323. See 49 U.S.C. 3513) relating to the facilities and misleading information, the exemption CFR 1180.2(d)(2). internal organization necessary to is void ab initio. Petitions to reopen the provide Governmentwide accounting proceeding to revoke the exemption Under 49 U.S.C. 10502(g), the Board and financial reporting by an operating under 49 U.S.C. 10502(d) may be filed may not use its exemption authority to center within the Financial Management at any time. The filing of a petition to relieve a rail carrier of its statutory Service. revoke will not automatically stay the obligation to protect the interests of its 2. Redelegation: The Commissioner transaction. employees. Section 11326(c), however, may establish component organizations An original and 10 copies of all does not provide for labor protection for within the Financial Management pleadings, referring to STB Finance transactions under sections 11324 and Service and assign functions to these Docket No. 33414, must be filed with 11325 that involve only Class III rail organizations in such manner as the the Surface Transportation Board, Office carriers. Because this transaction Commissioner determines to be in the of the Secretary, Case Control Unit, 1925 involves Class III rail carriers only, the interest of efficiency or economy of K Street, N.W., Washington, DC 20423– Board, under the statute, may not operation. Any organizational changes 0001. In addition, a copy of each impose labor protective conditions for shall comply with the provisions of pleading must be served on Fritz R. this transaction. Treasury Directive (TD) 21–01. Kahn, Esq., 1100 New York Avenue, If the notice contains false or 3. Chief Accounting Officer: The N.W., Suite 750 West, Washington, DC misleading information, the exemption Commissioner may establish a position 20005. is void ab initio. Petitions to revoke the of Chief Accounting Officer within the Decided: June 17, 1997. exemption under 49 U.S.C. 10502(d) Financial Management Service. If so By the Board, David M. Konschnik, may be filed at any time. The filing of established, the Chief Accounting Director, Office of Proceedings. a petition to revoke will not Officer, under the direction of the Vernon A. Williams, automatically stay the transaction. Commissioner, shall be responsible for Secretary. assuring the integrity of the An original and 10 copies of all [FR Doc. 97–16545 Filed 6–23–97; 8:45 am] Governmentwide central accounting pleadings, referring to STB Finance BILLING CODE 4915±00±P and reporting systems maintained by Docket No. 33415, must be filed with the Financial Management Service and the Surface Transportation Board, Office shall perform functions and duties DEPARTMENT OF TRANSPORTATION of the Secretary, Case Control Unit, 1925 determined by the Commissioner. K Street, N.W., Washington, DC 20423– 4. Authority: Surface Transportation Board 0001. In addition, a copy of each a. TO 101–05, ‘‘Reporting pleading must be served on Fritz R. [STB Finance Docket No. 33415] Relationships and Supervision of Kahn, Esq., 1100 New York Avenue, Officials, Offices and Bureaus, Jeffrey L. Sutch and Leonard J. N.W., Suite 750 West, Washington, DC Delegation of Certain Authority, and SmolskyÐContinuance in Control 20005. Order of Succession in the Department ExemptionÐPenn-Jersey Rail Lines, Decided: June 17, 1997. of the Treasury.’’ Inc. By the Board, David M. Konschnik, b. 31 U.S.C. 3513. Jeffrey L. Sutch and Leonard J. Director, Office of Proceedings. 5. Reference: TD 21–01, Smolsky (Applicants), have filed a Vernon A. Williams, ‘‘Organizational Changes.’’ notice of exemption to continue in Secretary. 6. Cancellation: TD 16–13, ‘‘Operating control of the Penn-Jersey Rail Lines, [FR Doc. 97–16544 Filed 6–23–97; 8:45 am] Center for Government Accounting and Inc. (PENN), upon PENN’s becoming a Financial Reporting,’’ dated May 8, BILLING CODE 4910±00±P Class III railroad. 1992, is superseded. The transaction is expected to be 7. Expiration Date: This Directive consummated on or after June 18, 1997. shall expire three years from the date of This transaction is related to STB issuance unless superseded or cancelled Finance Docket No. 33414, Penn Jersey prior to that date. 34112 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Notices

8. Office of Primary Interest: Office of the Fiscal Assistant Secretary. Gerald Murphy, Fiscal Assistant Secretary. [FR Doc. 97–16427 Filed 6–23–97; 8:45 am] BILLING CODE 4810±25±P federal register June 24,1997 Tuesday Interim andFinalRules Supplement; MiscellaneousAmendments; Defense FederalAcquisitionRegulation 48 CFRPart201,etal. Defense Department of Part II 34113 34114 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations

DEPARTMENT OF DEFENSE miscellaneous editorial amendments. Secretary of Defense (Acquisition and Twelve of the rules (Items I, III, VII, IX, Technology) of the restrictions of 10 48 CFR Parts 201, 202, 203, 204, 208, XIV, XVII, XIX, XXII, XXIV, XXVII, U.S.C. 2534(A). The waiver is 209, 212, 214, 215, 216, 219, 222, 224, XXXIII, and XXXIX) were published authorized by 10 U.S.C. 2534(d)(3), as 225, 227, 228, 229, 231, 232, 233, 234, previously in the Federal Register and amended by Section 810 of the National 235, 236, 237, 239, 242, 243, 245, 246, thus are not included as part of this Defense Authorization Act for Fiscal 249, 252, 253, and Appendices G and notice of amendments to the Code of Year 1997 (Public Law 104–201); the I to Chapter 2 Federal Regulations. These twelve rules waiver became effective on April 7, are being published in the DAC to 1997. Comments received in response to [Defense Acquisition Circular 91±12] incorporate the previously published the publication of this interim rule will Defense Federal Acquisition amendments into the loose-leaf edition be considered in formulating the final Regulation Supplement; Miscellaneous of the DFARS. rule. The following information pertains to Amendments Item XVIII, Authority to Waive Foreign C. Regulatory Flexibility Act AGENCY: Department of Defense (DoD). Purchase Restrictions: DAC 91–12, Items II, IV, V, XII, XIII, XV, ACTION: Interim and final rules. An interim DFARS rule implementing XXIII, XXVIII, XXXVI, XXXVII, Section 810 of the National Defense XXXVIII, XLI, XLII, and XLIII SUMMARY: Defense Acquisition Circular Authorization Act for Fiscal Year 1997 These rules do not constitute (Public 104–201) was published in the 91–12 amends the Defense Federal significant revisions within the meaning Federal Register on January 17, 1997 Acquisition Regulation Supplement of Federal Acquisition Regulation 1.501 (62 FR 2615), with a request for public (DFARS) to revise, finalize, or add and Public Law 98–577, and publication comments. Section 810, known as the language on contract reporting, required for public comment is not required. ‘‘McCain Amendment,’’ added new sources of supplies and services, However, comments from small entities authority to waive the restrictions on contractor qualifications, economic concerning the affected DFARS subparts foreign purchases at 10 U.S.C. 2534(a), price adjustment, small business will be considered in accordance with applicable to buses, chemical weapons programs, labor laws, foreign Section 610 of the Regulatory Flexibility antidote, components for naval vessels, acquisition, patent interchange Act (5 U.S.C. 610). Please cite the and ball and roller bearings, permitting agreements, insurance, taxes, overseas applicable DFARS case number in waiver if application of the restrictions contracts, contract financing, contract correspondence. disputes, construction contracts, would impede the reciprocal acquisition of information resources, procurement of defense items under a DAC 91–12 Items VI, VIII, X, XI, XVI, contract administration, government memorandum of understanding with a XX, XXI, XXVI, XXIX, XXX, XXXI, property, and quality assurance. foreign country. The interim rule XXXII, XXXIV, and XXXV DATES: Effective date: June 24, 1997. provided this waiver authority to the DoD certifies that these rules will not Comment date: Comments on the head of the contracting activity. Public have a significant economic impact on interim rule (Item XVIII: Sections comments were received from four a substantial number of small entities 225.872–1; 225.872–2; 225.7005; respondents, all seeking more positive within the meaning of the Regulatory 225.7007–1; 225.7007–3; 225.7007–4; and effective implementation of the Flexibility Act (5 U.S.C. 601 et seq.) 225.7010–1; 225.7010–2; 225.7010–3; McCain Amendment. because: 225.7016–1; 225.7016–2; 225.7016–3; On April 7, 1997, the Under Secretary Item VI, Institutions of Higher 225.7019–1; 225.7019–1; 225.7019– of Defense (Acquisition and Education—This rule applies only to 3(a)(1)(iv); 225.7022–1; 225.7022–2; Technology), waived the foreign source institutions of higher education that are 225.7022–3; 252.225–7016; and restrictions of 10 U.S.C. 2534(a) for the determined to have an anti-ROTC 252.225–7029) should be submitted in acquisition of defense items policy. writing to the address shown below on manufactured in qualifying countries Item VII, U.S. European Command or before August 25, 1997 to be listed in DFARS 225.872–1. This Supplement—The rule applies only to considered in the formulation of the interim rule implements the waiver only contracts that are awarded or performed final rule. for those items restricted in the DFARS. in a foreign country. More than 90 The restrictions on most naval vessel ADDRESSES: Interested parties should percent of such contracts are awarded to components are handled by the submit written comments on the interim foreign firms. Those U.S. firms that are Department of the Navy. Acquisitions of rule (Item XVIII) to: Defense Acquisition awarded such contracts generally are anchor and mooring chain, totally Regulations Council. Attn: Ms. Amy not small entities. enclosed lifeboat survival systems, and Item X, Certificate of Competency— Williams, PDUSD(A&T)DP(DAR), IMD noncommercial ball and roller bearings The rule merely updates and clarifies 3D139, 3062 Defense Pentagon, are subject to additional defense existing policy pertaining to (1) the Washington, DC 20301–3062. Telefax appropriations act restrictions. The Small Business Administration number (703) 602–0350. Please cite acquisition of chemical weapons Certificate of Competency Program, and DFARS Cite 96–D319 in all antidote is subject to U.S. defense (2) procurement from small correspondence related to this rule. mobilization base requirements. disadvantaged business regular dealers. FOR FURTHER INFORMATION CONTACT: Item XI, Comprehensive Item XVIII—Ms. Amy Williams, (703) B. Determination To Issue an Interim Subcontracting Plans—Small businesses 602–0131; Rule are exempt from subcontracting plan All other items—Ms. Susan Buckmaster, A determination has been under the requirements, and the rule does not (703) 602–0131. authority of the Secretary of Defense change the obligation of large business SUPPLEMENTARY INFORMATION: that urgent and compelling reasons exist concerns to maximize subcontracting to publish this interim rule prior to opportunities for small business A. Background affording the public an opportunity to concerns. This Defense Acquisition Circular comment. This action is necessary to Item XVI, Petroleum Products from (DAC) 91–12 includes 43 rules and implement the waiver by the Under Caribbean Basin Countries—Petroleum Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations 34115 and products derived from petroleum principles. In addition, this rule applies restrictions of 10 U.S.C. 2534(a) for an already are subject to the Trade only to contractors that incur acquisition that is for an amount less Agreements Act. The consideration of restructuring costs associated with a than the simplified acquisition Caribbean Basin country offers of business combination. threshold, when simplified acquisition petroleum and products derived from Item XXXIV, Information Technology procedures are being used. Because of petroleum is not expected to have a Management Reform Act—The rule other statutory provisions that pertain to significant effect on the petroleum primarily pertains to internal the acquisition of ball and roller market in this country. Furthermore, the Government considerations regarding bearings, the waiver authority in this Trade Agreements Act and the the acquisition of information rule may be used only if (1) ball and Caribbean Basin Economic Recovery Act technology. roller bearings or bearing components apply only to acquisitions exceeding Item XXXV, Automatic Data are the end items being purchased, and $190,000 in value. Processing Equipment Leasing Costs— (2) the ball and roller bearings or Item XX, Preference for U.S. Firms on Most contracts awarded to small entities bearing components are commercial MILCON Overseas Construction—The use simplified acquisition procedures or items, or no fiscal year 1996 or 1997 rule applies only to contracts estimated are awarded on a competitive, fixed- funds are being used. No comments to exceed $1,000,000 for military price basis, and do not require were received in response to the initial construction projects in the United application of the FAR or DFARS cost regulatory flexibility analysis or the States territories and possessions in the principles. In addition, this rule merely proposed rule published in the Federal Pacific and on Kwajalein Atoll, or in removes references and requirements Register at 62 FR 7432 on February 19, countries bordering the Arabian Gulf. pertaining to a cost principle that 1997. It is estimated that 11 small Item XXI, Restriction on MILCON already has been removed from the businesses could be affected by this Overseas Architect-Engineer Contracts— FAR. rule. The rule imposes no new The rule applies only to architect- DAC 91–12, Item XVIII reporting, recordkeeping, or compliance engineer contracts estimated to exceed requirements for offerors or contractors. This interim rule is not expected to $500,000 for projects to be There are no practical alternatives that have a significant economic impact on accomplished in Japan, in any North will fully implement the provisions of a substantial number of small entities Atlantic Treaty Organization member 10 U.S.C. 2534(d)(6). country, or in countries bordering the within the meaning of the Regulatory Arabian Gulf. Flexibility Act, 5 U.S.C. 601, et seq., Item XL, notice of termination Item XXVI, Carbon Fiber—The only because there are no known small (DFARS Case 96–D320)—This rule known domestic manufacturer of coal business manufacturers of buses, air implements Section 824 of the National and petroleum pitch carbon fiber is a circuit breakers, or the restricted Defense Authorization Act for Fiscal large business concern. chemical weapons antidote; acquisition Year 1997 (Public Law 104–201). Item XXIX, Individual of anchor and mooring chain, totally Section 824 streamlines the statutory Compensation—Most contracts awarded enclosed lifeboat survival systems, and requirements for providing notification to small entities use simplified noncommercial ball and roller bearings to contractors and subcontractors acquisition procedures or are awarded is presently restricted to domestic regarding contract terminations or on a competitive, fixed-price basis, and sources by defense appropriations acts; reductions that are expected to occur as do not require application of the FAR or and the restrictions of 10 U.S.C. 2534 do a result of reduced funding levels under DFARS cost principles. In addition, this not apply to purchases of commercial major defense programs. No comments rule applies only to contractors that items incorporating ball or roller were received in response to the initial incur individual compensation costs in bearings. An initial regulatory flexibility regulatory flexibility analysis. However, excess of $200,000 per year. analysis has therefore not been one comment was received in response Item XXX, Individual prepared. Comments are invited from to the interim rule published in the Compensation—Most contracts awarded small businesses and other interested Federal Register at 61 FR 64636 on to small entities use simplified parties. Comments from small entities December 6, 1996. The comment acquisition procedures or are awarded concerning the affected DFARS subparts reserved judgment on whether a 60-day on a competitive, fixed-price basis, and also will be considered in accordance notification period affords industry, do not require application of the FAR or with 5 U.S.C. 610. Such comments particularly smaller firms, sufficient DFARS cost principles. In addition, this should be submitted separately and time to adjust to substantial funding rule applies only to contractors that should cite DFARS Case 96–D319 in reductions to, or terminations of, major incur individual compensation costs in correspondence. defense program contracts. The industry excess of $250,000 per year. association that authored the comment Item XXXI, Restricting Costs/ DAC 91–12, Items XXV and XL stated that its member companies will Bonuses—Most contracts awarded to A final regulatory flexibility analysis monitor implementation experience, small entities use simplified acquisition has been performed for each of these and, if necessary, will recommend procedures or are awarded on a rules. A copy of the analysis may be additional actions concerning the new competitive, fixed-price basis, and do obtained from the address specified notification procedures. No changes not require application of the FAR or herein. Please cite the applicable were made to the rule as a result of the DFARS cost principles. In addition, this DFARS case number in correspondence. public comment, because (1) the 60-day rule applies only to contractors that The analyses are summarized as notification period is required by incur restructuring costs associated with follows: Section 824 of Public Law 104–201; (2) a business combination. Item XXV, Ball and Roller Bearings— and the comment did not indicate a Item XXXII, Restructuring Costs— Waiver (DFARS Case 97–D300)—This need for a change to the rule at this Most contracts awarded to small entities rule implements 10 U.S.C. 2534(d)(6) time. The rule applies to all large and use simplified acquisition procedures or with regard to the acquisition of ball small entities that have, under a major are awarded on a competitive, fixed- and roller bearings. 10 U.S.C. 2534(d)(6) defense program, a prime contract, a price basis, and do not require provides that the Secretary of Defense first-tier subcontract of $500,000 or application of the FAR or DFARS cost may waive the domestic source more, or a lower-tier subcontract of 34116 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations

$100,000 or more, that is expected to be requirement to complete a DD Form 350 17, 1997). The rule amends DFARS terminated or substantially reduced as a for contracting actions that obligate or Parts 215, 219, 225, 226, 227, 233, and result of reduced funding levels in an deobligate more than $25,000 also 252 to remove certification requirements appropriations act. The rule imposes no applies to DoD actions that are for the for contractors and offerors that are not additional reporting, recordkeeping, or purchase of land or rental or lease of required by statute or otherwise compliance requirements on offerors or real property. approved for retention by the Secretary contractors. There are no practical of Defense. The rule implements Section Item III—Contract Reporting for Fiscal alternatives that will adequately 4301(b) of the Clinger-Cohen Act of Year 1997 (DFARS Case 97–D315) implement the requirements of Section 1996 (Public Law 104–106). of 824 of Public Law 104–201. This final rule was issued by Departmental Letter 96–017, effective Item VIII—U.S. European Command D. Paperwork Reduction Act October 1, 1996 (61 FR 51030, Supplement (DFARS Case 94–D001) DAC 91–12, Items, II, IV, V, VI, X, XI, September 30, 1996). The rule amends This final rule amends DFARS Parts XII, XIII, XV, XVI, XVIII, XXI, XXIII, DFARS Parts 204 and 253 to revise DD 216, 222, 225, 227, 228, 229, 232, 233, XXV, XXVI, XXVIII, XXIX, XXX, XXXI, Form 350 and DD Form 1057 contract 236, 246, and 252 to incorporate XXXII, XXXIV, XXXV, XXXVI, XXXVII, action reporting requirements, for guidance previously contained in the XXXVIII, XL, XLI, XLII, XLIII compliance with provisions of the U.S. European Command Supplement The Paperwork Reduction Act does Federal Acquisition Streamlining Act of for application to contracts to be not apply, because these rules impose 1994 (Public Law 103–355). performed in a foreign country. Contracts to be performed in a foreign no information collection requirements Item IV—Commercial Transactions with country must include requirements that require the approval of the Office of the Government of a Terrorist Country imposed by the host country’s Management and Budget under 44 (DFARS Case 96–D026) U.S.C. 3501 et seq. government in addition to U.S. This final rule removes DFARS Government requirements, and must DAC 91–12, Items VIII and XX 209.104–1(g)(iii), 209.104–70(c) and (d), provide for customs and tax exemptions The Paperwork Reduction Act 252.209–7003, and 252.209–7004, to which the U.S. Government is applies. The Office of Management and which pertained to contractor disclosure entitled. Budget (OMB) has approved the of information commercial transactions with the Government of a terrorist Item IX—MILCON—Environmental information collection requirements as Restoration (DFARS Case 96–D327) follows: country. The statutory authority for this disclosure requirement (Section 843 of This final rule was issued by Public Law 103–160) expired on Departmental Letter 97–001, effective Item OMB con- trol No. September 30, 1996. January 8, 1997 (62 FR 1058, January 8, 1997). The rule revises DFARS 216.306 VIII ...... 0704±0216 Item V—Foreign Environmental to implement Section 101 of the 0704±0248 Technology (DFARS Case 96–D322) 0704±0259 Military Construction Appropriations 0704±0390 This final rule amends DFARS Act for Fiscal Year 1997 (Public Law 9000±0034 209.104–1 to implement Section 828 of 104–196). Section 101 continues to XX ...... 0704±0255 the National Defense Authorization Act restrict the use of cost-plus-fixed-fee of Fiscal Year 1997. Section 828 contracts for military construction, but Defense Acquisition Circular (DAC) provides that the Secretary of Defense provides an exception for contracts for 91–12 amends the Defense Federal may, in the case of a contract for environmental restoration at Acquisition Regulation Supplement environmental restoration, remediation, installations that are being closed or (DFARS) 1991 edition. The amendments or waste management at a DoD facility, realigned where payments are made are summarized as follows: waive the prohibition on award of a from a base realignment and closure contract to an entity controlled by a Item I—Procurement Integrity (DFARS account. foreign government under certain Case 96–D310) circumstances. Item X—Certificate of Competency This final rule was issued by (DFARS Case 96–D003) Departmental Letter 97–003, effective Item VI—Institutions of Higher This final rule amends DFARS January 17, 1997 (62 FR 2611, January Education (DFARS Case 96–D305) 219.602–3 and 252.219–7006 to (1) 17, 1997). The rule amends DFARS The interim rule published as Item VI update the reference to the Small Subpart 203.1 and 215.608, and removes of DAC 91–11 is converted to a final Business Administration offices the clause at 252.203–7000, to rule without change. The rule amended involved in resolving differences implement Section 4304 of the National DFARS 209.470 and 243.105 to between an agency and the Small Defense Authorization Act for Fiscal implement Section 541 of the National Business Administration; (2) remove Year 1996 (Public Law 104–106) and to Defense Authorization Act for Fiscal references to Section 8051 of Public Law conform to the FAR revisions published Year 1996 (Public Law 104–106). 103–139 and Section 8012 of Public as Item I of Federal Acquisition Circular Section 541 provides that no funds Law 103–335, which applied only to 90–45. Section 4304 amended the available to DoD may be provided by contracts awarded during fiscal years procurement integrity provisions at 41 grant or contract to any institution of 1994 and 1995; and (3) clarify existing U.S.C. 423 and repealed 10 U.S.C. 2397– higher education that has an anti-ROTC text. 2397c, which addressed post-Federal policy. Item XI—Comprehensive employment of certain DoD employees. Item VII—Elimination of Certifications Subcontracting Plans (DFARS Case 96– Item II—Reporting Real Property Leases (DFARS Case 96–D306) D304) (DFARS Case 97–D001) This final rule was issued by The interim rule pulished as Item VIII This final rule amends DFARS Departmental Letter 97–004, effective of DAC 91–11 is converted to a final 204.670–2(a) to clarify that the January 17, 1997 (62 FR 2612, January rule with an amendment at DFARS Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations 34117

252.219–7004. The rule reflects changes superseded by the clauses at FAR Item XIX—Foreign Machine Tools and to the Test Program for Negotiation of 52.225–5, Buy American Act— Powered and Non-Powered Valves Comprehensive Small Business Construction Materials, and 52.225–15, (DFARS Case 96–D023) Subcontracting Plans, as required by Buy American Act—Construciton This final rule was issued by Section 811 of the National Defense Materials under Trade Agreements Act Departmental Letter 96–019, effective Authorization Act for Fiscal Year 1996 and North American Free Trade November 15, 1996 (61 FR 58488, (Public Law 104–106). The final rule Agreement, as amended by Federal November 15, 1996). The rule amends differs form the interim rule in that it Acquisition Circular 90–46. DFARS Subpart 225.70, and removes amends the clause at 252.219–7004 to Item XVI—Petroleum Products from the clause and provision at 252.225– clarify instructions for contractor 7017 and 252.225–7040, to reflect the submission of Standard Form 295, Caribbean Basin Countries (DFARS Case 96–D312) expiration of the restriction on the Summary Subcontract Report. acquisition of machine tools and Item XII—Bond Waivers (DFARS Case The interim rule published as Item XI powered and non-powered valves at 10 96–D019) of DAC 91–11 is converted to a final U.S.C. 2534. Related amendments are rule without change. The rule amended made at 212.504(a) and 252.212– This final rule removes DFARS 7001(b). 219.808, 219.811, and 252.219–7007, DFARS 225.403 to fully implement which pertained to waiver of Miller Act Section 8094 of the National Defense Item XX—Preference for U.S. Firms on requirements for performance and Appropriations Act for Fiscal Year 1994 MILCON Overseas Construction payment bonds under 8(a) construction (Public Law 103–139). Section 8094 (DFARS Case 96–D328) requires DoD to consider all qualified contracts. The statutory authority for The interim rule issued by bids from eligible countries under the waiver of these requirements (Section Departmental Letter 97–008, on January Caribbean Basin Economic Recovery Act 813 of Public Law 102–190) applied 17, 1997, is converted to a final rule only to contracts awarded during fiscal as if they were offers from designated without change. The rule amends years 1992 through 1994. countries under the Trade Agreements DFARS 225.7000, 225.7003, 236.274, Act. The rule also amended DFARS Item XIII—Small Business and 236.570, and adds a new provision 225.403–70 and 252.225–7007 to clarify at 252.236–7010, to implement Section Competitiveness Demonstration that the definition of Caribbean Basin Program (DFARS Case 96–D025) 112 of the Military Construction country end products includes Appropriations Act for Fiscal Year 1997 This final rule amends DFARS petroleum and any end product derived (Public Law 104–196). Section 112 219.1005 to remove dredging from the from petroleum. provides a 20 percent evaluation list of designated industry groups under Item XVII—Metalworking Machinery— preference for U.S. firms on contracts the Small Business Competitiveness Trade Agreements (DFARS Case 96– estimated to exceed $1,000,000 for Demonstration Program. Dredging had D030) military construction projects in the been added to the list as part of a test U.S. territories and possessions in the program established under Section 722 This final rule was issued by Pacific and on Kwajalein atoll, or in of the Small Businesss Credit and Departmental Letter 97—005, effective countries bordering the Arabian Gulf. Business Opportunity Enhancement Act January 17, 1997 (62 FR 2615, January Item XXI—Restriction on MILCON of 1992 (Public Law 102–366). The 17, 1997). The rule amends DFARS statutory authority for the test program Overseas Architect-Engineer Contracts 225.403–70 to remove the exception to (DFARS Case 96–D329) expired on September 30, 1996. application of the trade agreements acts The interim rule issued by Item XIV—Pilot Mentor-Prote´ge´ for those machine tools for which Departmental Letter 97–008, on January Program (DFARS Case 96–D317) acquisition was previously, but is no longer, restricted by 10 U.S.C. 2534. As 17, 1997, is converted to a final rule This final rule was issued by a result, all metal working machinery without change. The rule adds new Departmental Letter 96–018, effective products in Federal Supply Group 34 sections at DFARS 225.7004 and October 18, 1996 (61 FR 54346, October are subject to the trade agreements acts. 236.602–70, amends 236.102 and 18, 1996). The rule amends DFARS 236.609–70, and adds a new provision 219.7104 and Appendix I to implement Item XVIII—Authority To Waive at 252.236–7011, to implement Section Section 802 of the National Defense Foreign Purchase Restrictions (DFARS 111 of the Military Construction Authorization Act for Fiscal Year 1997 Case 96–D319) Appropriations Act for Fiscal Year 1997 (Public Law 104–201). Section 802: (1) (Public Law 104–196). Section 111 Extends to September 30, 1998, the date This interim rule supersedes the restricts award of architect-engineer by which an interested company must interim rule issued by Departmental contracts estimated to exceed $500,000 apply for participation as a mentor firm Letter 97–006 on January 17, 1997. The for projects to be accomplished in Japan, under the DoD Pilot Mentor-Prote´ge´ rule amends DFARS 225.872, 225.70, in any North Atlantic Treaty Program; and (2) extends to September and clauses at 252.225–7016 and Organization member country, or in 30, 1999, the date by which a mentor 252.225–7029 to implement the waiver countries bordering the Arabian Gulf, to firm must incur costs in order to be by the Under Secretary of Defense U.S. firms or U.S. firms in joint venture eligible for reimbursement under the (Acquisition and Technology) of the with hose nation firms. Program. foreign source restrictions of 10 U.S.C. 2534(a), for the acquisition of defense Item XXII—Application of Berry Item XV—Nondomestic Construction items manufactured in a qualifying Amendment (DFARS Case 96–D333) Materials (DFARS Case 97–D009) county. This waiver is authorized by 10 This interim rule was issued by This final rule removes the clause at U.S.C. 2534(d)(3), as amended by departmental Letter 97–009, effective DFARS 252.225–7004, Nondomestic section 810 (the McCain Amendment) of February 7, 1997 (62 FR 5779, February Construction Materials, and the the National Defense Authorization Act 7, 1997). The rule amends DFARS corresponding prescriptive language at for Fiscal Year 1997 (Public Law 104– 225.7002, 252.212–7001, 252.225–7012, 225.205. The DFARS clause has been 201). and 252.225–7014; adds a new section 34118 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations at 244.403 and a new clause at 252.244– 208.7203(c), 252.225–7022, and Item XXXI—Restructuring Costs/ 7000; and removes language at 252.225–7025; and the clause at Bonuses (DFARS Case 96–D332) 212.504(a)(i). The rule implements 252.225–7034 is removed. The interim rule issued by Section 8109 of the National Defense Item XXVII—Contingent Fees—Foreign Departmental Letter 96–020 on Appropriations Act for Fiscal Year 1997 Military Sales (DFARS Case 96–D021) November 15, 1996, is converted to a (Public Law 104–208). Section 8109 final rule without change. The rule provides that, in applying the Berry This interim rule was issued by amends DFARS 231.205–6(f) to Amendment (10 U.S.C. 2241 note), the departmental Letter 97–007, effective implement Section 8095 of the National term ‘‘synthetic fabric and coated January 17, 1997 (62 FR 2616, January Defense Appropriations Act for Fiscal synthetic fabric’’ shall be deemed to 17, 1997). The rule amends DFARS Year 1997 (Public Law 104–208). include all textile fibers and yarns that Subpart 225.73 and the clauses at Section 8095 prohibits the use of fiscal are for use in such fabrics; and that the 252.212.7001 and 252.225–7027 to year 1997 funds to reimburse a domestic source restrictions of the Berry conform to the FAR revisions published contractor for costs paid to an employee Amendment shall apply to contracts as Item I of Federal Acquisition Circular for a bonus or other payment in excess and subcontracts for the procurement of 90–40. The FAR revisions removed of the normal salary paid by the commercial items. requirements for prospective contractors contractor to the employee, when such Item XXIII—Aircraft Ejection Seats to provide certain information to the payment is part of restricting costs (DFARS Case 96–D022) Government regarding contingent fee associated with a business combination. arrangements. This interim rule makes This final rule amends DFARS the associated DFARS changes related to Item XXXII—Restructuring Costs 225.7009 to remove the restriction on contingent fees under contracts for (DFARS Case 96–D334) acquisition of aircraft ejection seats foreign military sales. The interim rule issued by manufactured in a foreign nation, as the Departmental Letter 96–022, on restriction applied only to contracts Item XXVIII—Offset Arrangements December 6, 1996, is converted to a final awarded using funds appropriated for (DFARS Case 96–D018) rule without change. The rule amends fiscal years 1984 through 1989. This final rule revises DFARS DFARS 231.205–70 to implement Item XXIV—Ball and Roller Bearings 225.7307 to update policy pertaining to Section 8115 of the National Defense (DFARS Case 96–D331) DoD involvement in foreign military Appropriations Act for Fiscal Year 1997 sale offset arrangements. In accordance (Public Law 104–208). Section 8115 This final rule was issued by with the Presidential policy statement of prohibits the use of fiscal year 1997 Departmental Letter 96–019, effective April 16, 1990, DoD does not encourage, funds to reimburse a contractor for November 15, 1996 (61 FR 58489, enter into, or commit U.S. firms to external restructuring costs associated November 15, 1996). The rule amends foreign military sale offset with a business combination unless DFARS 225.7019–1 to reflect the arrangements. The decision whether to certain conditions are met. extension, beyond fiscal year 1996, of engage in offset arrangements, and the the requirement to acquire ball and Item XXXIII—Earned Value responsibility for negotiating and roller bearings from domestic sources Management Systems (DFARS Case 96– implementing such arrangements, when using appropriated funds. D024) resides with the companies involved. This interim rule was issued by Item XXV—Ball and Roller Bearings— Item XXIX—Individual Compensation Departmental Letter 97–011, effective Waiver (DFARS Case 97–D300) (DFARS Case 96–D314) March 5, 1997 (62 FR 9990, March 5, This final rule amends DFARS 1997). The rule amends DFARS Parts 225.7019–3 to implement the waiver The interim rule published as Item 234, 242, and 252 to recognize industry- authority of 10 U.S.C. 2534(d)(6) with XX of DAC 91–11 is converted to a final standard guidelines for earned value regard to the acquisition of ball and rule without change. The rule amended management systems (EVMS) as an roller bearings. 10 U.S.C. 2534(d)(6) DFARS Part 231 to implement Section alternative to DoD-unique cost/schedule provides that the Secretary of Defense 8086 of the National Defense control systems under DoD contracts. may waive the foreign source Appropriations Act for Fiscal Year 1996 Since DoD’s cost/schedule control restrictions of 10 U.S.C. 2534(a) for a (Public Law 104–61). Section 8086 systems criteria are considered to be procurement that is for an amount less limits allowable costs for individual equivalent to EVMS, contractors’ than the simplified acquisition compensation to $200,000 per year previously approved cost/schedule threshold, when simplified acquisition under DoD contracts awarded after July control systems are acceptable under the procedures are being used. 1, 1996, that are funded by fiscal year EVMS criteria. However, it is no longer 1996 appropriations. Item XXVI—Carbon Fiber (DFARS Case necessary for DoD contractors to create 96–D010) Item XXX—Individual Compensation or maintain DoD-unique cost/schedule (DFARS Case 96–D330) control systems at facilities where This final rule amends DFARS acceptable EVMS exist. Subpart 225.70 and 225.71 to remove The interim rule issued by the restriction on foreign acquisition of Departmental Letter 96–023 on Item XXXIV—Information Technology coal and petroleum pitch carbon fiber December 13, 1996, is converted to a Management Reform Act (DFARS Case and to move, from Subpart 225.70 to final rule without change. The rule 96–D017) Subpart 225.71, the restriction on amends DFARS 231.205–6(a) to The interim rule issued by foreign acquisition of polyacrylonitrile implement Section 8071 of the National Departmental Letter 97–002, on January (PAN) carbon fiber. The restrictions on Defense Appropriations Act for Fiscal 8, 1997, is converted to a final rule with foreign acquisition of these items are no Year 1997 (Public Law 104–208). minor editorial changes at longer required by statute. However, the Section 8071 limits allowable costs for 239.7003(f)(1), 239.7102–3, and restriction on PAN carbon fiber has been individual compensation to $250,000 239.7302(b)(2)(i). The rule amends retained in the DFARS as a matter of per year under DoD contracts funded by DFARS Part 239 to conform to the FAR policy. Related amendments are made at fiscal year 1997 appropriations. revisions published as Item I of Federal Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations 34119

Acquisition Circular 90–41. The FAR Item XXXIX—Downsizing Notice Item XLIII—Caribbean Basin and revisions implemented the Information (DFARS Case 96–D321) Designated Countries (DFARS Case 96– Technology Management Reform Act of D015) This final rule was issued by 1996 (Division E of Public Law 104– This final rule amends the clause at 106). Departmental Letter 96–024, effective December 26, 1996 (61 FR 67952, DFARS 252.225–7007 to (1) add a Item XXXV—Automatic Data Processing December 26, 1996). The rule removes definition of ‘‘Caribbean Basin country’’ Equipment Leading Cost (DFARS Case DFARS 249.102, 249.7002, 252.249– in place of a reference to the definition 96–D011) 7001, and DD Form 2604 to implement at FAR 25.401, and (2) update the Section 825 of the National Defense definition of ‘‘designated country’’ for The interim rule issued by Authorization Act for Fiscal Year 1997 conformance with the policy of the U.S. Departmental Letter 97–010, on March (Public Law 104–201). Section 825 Trade Representative. 3, 1997, is converted to a final rule repealed the requirement for the Editorial Revisions without change. The rule amends Secretary of Defense to notify the (1) DFARS 201.603–2(l) is amended to DFARS Subpart 239.73 to remove Secretary of Labor if a modification or references and requirements pertaining update the terminology in the termination for convenience of a major introductory text. to the cost principle on automatic data defense contract or subcontract will (2) DFARS 202.101 is amended to add processing equipment leasing costs that have substantial impact on employment. the Defense Finance and Accounting was removed from FAR 31.205–2 by Service to the list of contracting federal Acquisition Circular 90–44. Item XL—Notice of Termination (DFARS Case 96–D320) activities and defense agencies; to Item XXXVI—Contract Administration update the name of the Defense Under No-Charge Reciprocal The interim rule issued by Information Systems Agency contracting Agreements (DFARS Case 96–D014) Departmental Letter 96–021 on activity; and to reflect the change in December 6, 1996, is converted to a final name of the Defense Mapping Agency to This final rule amends DFARS rule without change. The rule revises the National Imagery and Mapping 242.101 to specify that DoD may DFARS 249.7003 and the clause at Agency. provide contract administration services 252.249–7002 to implement Section 824 (3) DFARS 203.409 is redesignated as to a non-DoD organization under a no- of the National Defense Authorization 203.405 for conformance with the charge reciprocal agreement. The Arms Act for Fiscal Year 1997 (Public Law designation of the corresponding FAR Export Control Act (Public Law 90–629), 104–201). Section 824 streamlines the section. as amended by Section 110 of Public statutory requirements for providing * (4) DFARS 203.502 IS AMENDED Law 99–83, provides that the U.S. notification to contractors regarding TO CORRECT A TYPOGRAPHICAL Government may perform contract contract terminations or reductions that ERROR. administration services, without charge, are expected to occur as a result of (5) DFARS 203.570–5 is amended to for a foreign government that is a reduced funding levels under major remove the phrase ‘‘in FAR Part 13.’’ (6) DFARS 204.7003(a)(1)(i)(G) is member of the North Atlantic Treaty defense programs. revised to reflect the change in name of Organization, if the foreign government Item XLI—Economically Disadvantaged the Defense Mapping Agency to the provides such services to the U.S. Representations (DFARS Case 97–D004) National Imagery and Mapping Agency. Government on a no-charge reciprocal (7) DFARS 208.002(f) is amended to basis. This final rule amends the provision at DFARS 252.219–7000 to update the update the address of the Defense Item XXXVII—Submission of listed categories of socially and National Stockpile Center. (8) DFARS 208.7203 is amended to Commercial Freight Bills (DFARS Case economically disadvantaged remove the reference to FAR Subpart 97–D006) individuals, for conformance with the 8.2, as Subpart 8.2 was removed from Small Business Administration the FAR by Federal Acquisition Circular This final rule removes the clause at regulations at 13 CFR 124.105. DFARS 252.242–7002, Submission of 90–45. Commercial Freight Bills for Audit, and Item XLII—Trade Agreements Clauses (9) DFARS 212.301(f)(iii) is amended the corresponding prescriptive language (DFARS Case 96–D008) to show the complete title of the clause at 242.1404–2–70. The DFARS clause at 2562.212–7001. This final rule amends the provision has been superseded by the clause at (10) DFARS 214.406 is redesignated and clause at DFARS 252.255–7006 and FAR 52.247–67, Submission of as 214.407 for conformance with the 252.225–7007 to (1) specify that offers of Commercial Transportation Bills to the designation of the corresponding FAR foreign end products will be evaluated General Services Administration for section. Newly designated 214.407– in accordance with the policies and Audit. 3(e)(v) is amended to reflect the change procedures of DFARS Part 225; (2) in name of the Defense Mapping Agency Item XXXVIII—Monitoring Contractor revise the definitions of ‘‘Caribbean to the National Imagery and Mapping Costs (DFARS Case 96–D029) Basin country end product,’’ Agency. ‘‘designated country end product,’’ and (11) DFARS 215.872–4(d)(1) is This final rule removes DFARS ‘‘NAFTA country end product’’ for amended to revise the phrase Subpart 242.70, Monitoring Contractor consistency with the FAR definitions of ‘‘commercial products’’ to read Costs, to eliminate specific requirements these terms; and (3) specify that a ‘‘commercial items,’’ and to update the for the establishment of formal programs contractor may deliver only domestic FAR reference. for Government monitoring of end products unless, in its offer, it (12) DFARS 216.307 and 252.216– contractor costs. This change is specified delivery of U.S. made, 7002 are removed as these DFARS expected to provide greater flexibility in qualifying country, designated country, sections have been superseded by the the adoption of alternate techniques for Caribbean Basin country, NAFTA revisions to the clause at FAR 52.216– control and monitoring of costs under country, or other nondesignated country 15 published in Federal Acquisition Government contracts. end products. Circular 90–39. 34120 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations

(13) DFARS 219.1006(b)(2) is (29) DFARS 252.227–7030 is amended PART 231Ð[AMENDED] amended to revise the title ‘‘Office of to correct the reference in the the Under Secretary of Defense introductory text. The interim rule that was published at (Acquisition & Technology) to read *(30) DFARS 252.232–7007(b) is 61 FR 64635 on December 6, 1996, is ‘‘Office of the Deputy Under Secretary amended to correct a typographical adopted as final without change. of Defense (International & Commercial error. PART 231Ð[AMENDED] Programs).’’ (31) DFARS Part 253 is amended to (14) DFARS 224.202 is redesignated update DD Forms 350; 375; 375C; 1057; The interim rule that was published at as 224.203 for conformance with the 1149; 1149C; 1342; 1419; 1637; 1639; FR 65478 on December 13, 1996, is designation of the corresponding FAR 1640; 1659; 1662; and 1861; and to adopted as final without change. section. remove obsolete DD Form 1851. (15) DFARS is amended by redesignating paragraph (b) as paragraph (32) DFARS Appendix G is amended PART 239Ð[AMENDED] (a)(3), for conformance with the to update activity names and addresses. designation of the corresponding FAR (33) Appenix I is amended to revise The interim rule that was published at paragraph. the office symbol ‘‘OUSD(A&T)SADBU’’ 62 FR 9375 on March 3, 1997, is (16) DFARS 225.403 is amended by to read ‘‘DUSD(I&CP)SADBU’’ each adopted as final without change. redesignating paragraphs (c) and place it appears. PARTS 249 AND 252Ð[AMENDED] (d)(1)(A) as paragraphs (b) and (c)(1)(A), * The asterisked items are revisions being respectively, for conformance with the made only in the loose-leaf edition of the The interim rule that was published at designation of the corresponding FAR DFARS. paragraphs. Note: This DAC incorporates, into the 61 FR 64636 on December 6, 1996, is (17) DFARS 233.214 is redesignated loose-edition of the DFARS, revisions adopted as final without change. as 233.215 for conformance with the previously issued by Departmental Letters Interim Rules Adopted as Final With designation of the corresponding FAR 96–017 through 97–011. DFARS revisions contained in departmental letters issued after Changes section. 97–011 will be included in a future DAC. (18) DFARS 234.003 is amended to PARTS 219 AND 252Ð[AMENDED] update the referenced. DoDI 5000.2 has List of Subjects in 48 CFR Parts 201, been cancelled and replaced by DoD 202, 203, 204, 208, 209, 212, 214, 215, The interim rule that was published at 5000.2–R. 216, 219, 222, 224, 225, 227, 228, 229, 61 FR 39900 on July 31, 1996, is (19) DFARS 235.006(b)(i)(C)(1)(iii) is 231, 232, 233, 234, 235, 236, 237, 239, adopted as final with an amendment at amended to update the FAR reference. 242, 243, 245, 246, 249, 252, and 253 section 252.219–7004 as set forth in this * (20) DFARS 235.006(b)(i)(C)(2) is Government procurement. document. amended to correct a typographical error. Michele P. Peterson, PARTS 225, 236, AND 252Ð (21) DFARS 235.010 is amended to Executive Director, Defense Acquisition [AMENDED] update the address of the Defense Regulations Council. Technical Information Center. Interim Rules Adopted as Final The interim rule that was published at (22) DFARS 237.7102 (a) and (b) are Without Change 62 FR 2857 on January 17, 1997, is amended to show the correct titles of adopted as final with an amendment at the clauses at 252.237–7012 and PARTS 209 AND 243Ð[AMENDED] section 236.609–70 as set forth in this 252.237–7013. document. (23) DFARS 242.101(d)(i) and (ii) are The interim rule that was published at amended to revise the title ‘‘Assistant 61 FR 25408 on May 21, 1996, is PART 239Ð[AMENDED] Secretary of Defense (Comptroller)’’ to adopted as final without change. read ‘‘Under Secretary of Defense The interim rule that was published at PARTS 225, 236, AND 252Ð 62 FR 1058 on January 8, 1997, is (Comptroller/Chief Financial Officer).’’ [AMENDED] (24) DFARS 242.102(b)(ii) is amended adopted as final with amendments at to revise the name ‘‘Defense Contract The interim rule that was published at sections 239.7003, 239.7102–3 and Management Area Operations 62 FR 2856 on January 17, 1997, is 239.7302 as set forth in this document. (DCMAO)’’ to read ‘‘Defense Contract adopted as final without change. Amendments to 48 CFR Chapter 2 Management Command (DCMC).’’ (Defense Federal Acquisition PARTS 225 AND 252Ð[AMENDED] (25) DFARS Part 245 is amended to Regulation Supplement) update addresses and office titles; and to remove the language at 245.608–5(d) The interim rule that was published at 48 CFR Chapter 2 (the Defense and insert similar text at 245.608–72. 61 FR 37841 on July 22, 1996, is Federal Acquisition Regulation (26) DFARS 249.110 is amended in adopted as final without change. Supplement) is amended as follows: Table 49–1, Part III, paragraphs 1b and 1. The authority citation for 48 CFR 4, to correct typographical errors. PART 231Ð[AMENDED] Parts 201, 202, 203, 204, 208, 209, 212, (27) DFARS 252.203–7001 is amended The interim rule that was published at 214, 215, 216, 219, 222, 224, 225, 227, in paragraph (g) to update the FAR 61 FR 36305 on July 10, 1996, is 228, 229, 231, 232, 233, 234, 235, 236, reference; and in paragraph (h) to adopted as final without change. update the telephone number of The 237, 239, 242, 243, 245, 246, 249, 252, 253, and Appendices G and I to Denial of Benefits Office, U.S. PART 231Ð[AMENDED] Department of Justice. subchapter I continues to read as *(28) DFARS 252.209–7002(a)(3) is The interim rule that was published at follows: amended to revise the word ‘‘county’’ to 61 FR 58490 on November 15, 1996, is Authority: 41 U.S.C. 421 and 48 CFR read ‘‘country.’’ adopted as final without change. Chapter 1. Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations 34121

PART 201ÐFEDERAL ACQUISITION § 204.670.±1 Definitions. PART 208ÐREQUIRED SOURCES OF REGULATIONS SYSTEM * * * * * SUPPLIES AND SERVICES (c) * * * 2. Section 201.603–2 is amended by 12. Section 208.002 is amended by revising the introductory text of (4) For the Defense Logistics Agency: revising paragraph (f) to read as follows: paragraph (1) to read as follows: Headquarters, Defense Logistics Agency, Attn: Directorate of Procurement § 208.002 Use of other Government supply § 201.603±2 Selection. (Acquisition Operations Team), 8725 sources. (1) Pursuant to 10 U.S.C. 1724, in John J. Kingman Road, Suite 3147, Ft. (f) Detailed information on strategic order to qualify to serve as a contracting Belvoir, VA 22060–6221 and critical materials in excess of officer with authority to award or * * * * * national stockpile requirements (e.g., administer contracts for amounts above 7. Section 204.670–2 is amended by metals, ores, chemicals) is available the simplified acquisition threshold, a revising paragraph (a)(1) to read as from the Defense National Stockpile person must— follows: Center, 8725 John J. Kingman Road, * * * * * Suite 4616, Fort Belvoir, VA 22060– § 204.670±2 Reportable contracting 6223. PART 202ÐDEFINITIONS OF WORDS actions. * * * * * AND TERMS (a) * * * 13. Section 208.7203 is amended by § 202.101 [Amended] (1) All contracting actions, including revising paragraph (c); by removing 3. Section 202.101 is amended in the actions executed by DoD for purchase of paragraph (d); by redesignating definition of ‘‘Contracting activity’’ by land, or rental or lease of real property, paragraphs (e) through (g) as paragraphs adding, after the entry ‘‘Defense that obligate or deobligate more than (d) through (f), respectively; and by Advanced Research Projects Agency $25,000; and revising newly designated paragraph Office of the Deputy Director, * * * * * (d). The revised text reads as follows: Management’’, the entry ‘‘Defense 8. Section 204.670–9 is amended by § 208.7203 Authority. Finance and Accounting Service revising the introductory text and External Services, Defense Finance and paragraph (a) to read as follows: * * * * * Accounting Service’’; by removing the (c) Acquisition of items restricted entry ‘‘Defense Information Systems § 204.670±9 Reporting of individual under 225.7010 and 225.71; contracting actions of $25,000 or less. Agency Headquarters, Defense (d) Use of multiyear contracting (FAR Information Systems Agency Defense Under the Small Business subpart 17.1); Commercial Communications Office’’ Competitiveness Demonstration * * * * * and inserting in its place the entry Program (see FAR subpart 19.10), ‘‘Defense Information Systems Agency contracting actions of $25,000 or less in PART 209ÐCONTRACTOR Defense Information Technology four designated industry groups must be QUALIFICATIONS reported in the same manner as if the Contracting Organization’’; by removing 14. Section 209.104–1 is amended by actions were in excess of $25,000. the entry ‘‘Defense Mapping Agency revising the first sentence of paragraph Headquarters, Office of Acquisition, (a) Report contracting actions of (g)(ii)(C) introductory text, by adding Installation and Logistics’’ and inserting $25,000 or less in the designated paragraph (g)(ii)(D), and by removing in its place the entry ‘‘National Imagery industry groups on both the DD Form paragraph (g)(iii). The revised and and Mapping Agency Procurement and 350 and the DD Form 1057. added text reads as follows: Contracting Office’’; and in the * * * * * definition of ‘‘Departments and 9. Section 204.7003 is amended by § 209.104±1 General standards. agencies’’ by adding, after the phrase revising paragraph (a)(1)(i)(G) to read as * * * * * ‘‘the Defense Commissary Agency,’’ the follows: (g) * * * phrase ‘‘the Defense Finance and (ii) * * * Accounting Service,’’; and by removing § 204.7003 Basic PII number. (C) In accordance with 10 U.S.C. the phrase ‘‘Defense Mapping Agency’’ (a) * * * 2536(b)(1)(A), the Secretary of Defense and inserting in its place the phrase (1) * * may waive the prohibition in paragraph ‘‘National Imagery and Mapping (i) * * * (g)(ii)(A) of this subsection upon Agency’’. (G) National Imagery and Mapping determining that the waiver is essential to the national security interest of the PART 203ÐIMPROPER BUSINESS Agency NIMA United States.* ** PRACTICES AND PERSONAL * * * * * CONFLICTS OF INTEREST * * * * * § 204.7202±1 [Amended] (D) In accordance with 10 U.S.C. § 203.409 [Redesignated] 10. Section 204.7202–1 is amended by 2536(b)(1)(B), the Secretary of Defense 4. Section 203.409 is redesignated as redesignating paragraph (c)(5) as may, in the case of a contract awarded section 203.405. paragraph (d). for environmental restoration, remediation, or waste management at a § 203.570±5 [Amended] § 204.7202±2 [Amended] DoD facility, waive the prohibition in 5. Section 203.570–5 is amended by 11. Section 204.7202–2 is amended in paragraph (g)(ii)(A) of this subsection removing the words ‘‘in FAR Part 13’’. the introductory text by revising, in the upon— PART 204ÐADMINISTRATIVE second sentence, the phrase ‘‘Dun and (1) Determining that— MATTERS Bradstreet’’ to read ‘‘Dun & Bradstreet’’; (i) The waiver will advance the and in the introductory text of environmental restoration, remediation, 6. Section 204.670–1 is amended by paragraph (b)(1) by inserting the word or waste management objectives of DoD revising paragraph (c)(4) to read as ‘‘Ask’’ before the phrase ‘‘Dun & and will not harm the national security follows: Bradstreet’’. interests of the United States; and 34122 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations

(ii) The entity to which the contract is (c) Price adjustment for wage rates or PART 222ÐAPPLICATION OF LABOR awarded is controlled by a foreign material prices controlled by a foreign LAWS TO GOVERNMENT government with which the Secretary is government. ACQUISITIONS authorized to exchange Restricted Data (1) The price adjustment clause at 27. Subpart 222.72 is added to read as under section 144c. of the Atomic 252.216–7003, Economic Price follows: Energy Act of 1954 (42 U.S.C. 2164(c)); Adjustment—Wage Rates or Material and Prices Controlled by a Foreign Subpart 222.72ÐCompliance with (2) Notifying Congress of the decision Government, may be used in fixed-price Labor Laws of Foreign Governments to grant the waiver. The contract may be supply and service contracts when— awarded only after the end of the 45-day (i) The contract is to be performed Sec. period beginning on the date the wholly or in part in a foreign country; 222.7200 Scope of subpart. 222.7201 Contract clauses. notification is received by the and appropriate Congressional committees. (ii) A foreign government controls § 222.7200 Scope of subpart. § 209.104±70 [Amended] wage rates or material prices and may, This subpart prescribes contract 15. Section 209.104–70 is amended by during contract performance, impose a clauses, with respect to labor laws of revising the section heading to read mandatory change in wages or prices of foreign governments, for use when ‘‘Solicitation provisions.’’; and by material. contracting for services or construction removing paragraphs (c) and (d). (2) Verify the base wage rates and within a foreign country. material prices prior to contract award § 222.7201 Contract clauses. PART 212ÐACQUISITION OF and prior to making any adjustment in COMMERCIAL ITEMS the contract price. (a) Use the clause at 252.222–7002, Compliance with Local Labor Laws § 212.301 [Amended] § 216.307 [Removed] (Overseas), in solicitations and contracts 16. Section 212.301 is amended in 21. Section 216.307 is removed. for services or construction to be paragraph (f)(iii) by inserting, after the performed outside the United States, its word ‘‘Statutes’’, the phrase ‘‘or PART 219ÐSMALL BUSINESS possessions, and Puerto Rico. Executive Orders’’. PROGRAMS (b) Use the clause at 252.222–7003, Permit from Italian Inspectorate of PART 214ÐSEALED BIDDING 22. The heading of Subpart 219.6 is Labor, in solicitations and contracts for revised to read as follows: porter, janitorial, or ordinary facility §§ 214.406 and 214.406±3 [Redesignated] and equipment maintenance services to 17. Sections 214.406 and 214.406–3 Subpart 219.6ÐCertificates of be performed in Italy. are redesignated as sections 214.407 and Competency (c) Use the clause at 252.222–7004, 214.407–3, respectively. § 219.602±3 [Amended] Compliance with Spanish Social 18. Newly designated section Security Laws and Regulations, in 214.407–3 is amended by revising in the 23. Section 219.602–3 is amended in solicitations and contracts for services introductory text of paragraph (e) the paragraph (c)(i)(A) by removing the or construction to be performed in reference ‘‘FAR 14.406–3’’ to read ‘‘FAR phrase ‘‘Central Office’s’’ and inserting Spain. 14.407–3’’, and by revising paragraphs the word ‘‘Headquarters’ ’’ in its place. (e)(v) to read as follows: PART 224ÐPROTECTION OF PRIVACY §§ 219.808 through 219.811±3 [Removed] AND FREEDOM OF INFORMATION § 214.407±3 Other mistakes disclosed 24. Sections 219.808 through before award. 219.811–3 are removed. § 224.202 [Redesignated] (e) * * * 28. Section 224.202 is redesignated as (v) National Imagery and Mapping § 219.1005 [Amended] section 224.203. Agency; General Counsel, NIMA. 25. Section 219.1005 is amended in * * * * * paragraph (a) by removing the PART 225ÐFOREIGN ACQUISITION introductory text. § 225.202 [Amended] PART 215ÐCONTRACTING BY 26. Section 219.1006 is amended by NEGOTIATION 29. Section 225.202 is amended by revising paragraph (b)(2) to read as redesignating paragraph (b) as paragraph 19. Section 215.872–4 is amended by follows: (a)(3). revising paragraph (d)(1) to read as § 219.1006 Procedures. follows: §§ 225.205 and 225.205±70 [Removed] (b) * * * 30. Sections 225.205 and 225.205–70 § 215.872±4 Applicability. (2) The Director, Small and are removed. * * * * * Disadvantaged Business Utilization, § 225.403 [Amended] (d) * * * Office of the Deputy Under Secretary of (1) Acquiring commercial items (see Defense (International & Commercial 31. Section 225.403 is amended by FAR Part 12); Programs), will determine whether redesignating paragraphs (c) and (d)(1)(A) as paragraphs (b) and (c)(1)(A), * * * * * reinstatement of small business set- asides are necessary to meet the agency respectively. 32. Section 225.872–1 is amended by PART 216ÐTYPES OF CONTRACTS goal and will recommend reinstatement adding paragraph (d) to read as follows: 20. Section 216.203–4–70 is amended to the Director, Defense Procurement. by adding paragraph (c) to read as Military departments and defense § 225.872±1 General. follows: agencies shall not reinstate small * * * * * business set-asides unless directed by (d) The Secretary of Defense has § 216.203±4±70 Additional clauses. the Director, Defense Procurement. waived the restrictions of 10 U.S.C. * * * * * * * * * * 2534(a) for the acquisition of defense Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations 34123 items manufactured in a qualifying entered into between DoD and a foreign § 225.7007±4 Waiver. country listed in paragraph (a) or country, and that country does not The waiver criteria at 225.7005(b) (b) of this subsection, in accordance discriminate against defense items apply to this restriction. with the provisions of 10 U.S.C. produced in the United States to a 2534(d)(3). greater degree than the United States § 225.7009 [Removed and reserved] 33. Section 225.872–2 is amended by discriminates against defense items 40. Section 225.7009 is removed and revising paragraph (a)(3) to read as produced in that country. reserved. follows: (iv) Satisfactory quality items 41. Section 225.7010–1 is amended by manufactured in the United States or revising the introductory text and § 225.872±2 Applicability. Canada are not available. paragraph (a) to read as follows: (a) * * * (v) Application of the restriction (3) Other U.S. laws or regulations would result in the existence of only § 225.7010±1 Restriction. (e.g., the annual defense appropriations one source for the item in the United In accordance with 10 U.S.C. 2534 act); and States or Canada. and defense industrial mobilization * * * * * (vi) Application of the restriction is requirements (see subpart 208.72), do 34. Sections 225.971 and 225.972 are not in the national security interests of not acquire chemical weapons antidote added to read as follows: the United States. contained in automatic injectors, or the (vii) Application of the restriction components for such injectors, unless § 225.971 Correspondence in English. would adversely affect a U.S. company. the injector or component is Use the clause at 252.225–7041, (2) The restriction is waived when it manufactured in the United States or Correspondence in English, in would cause unreasonable costs. The Canada by a company that— solicitations and contracts when cost of the item of U.S. or Canadian (a) Is a producer under the industrial contract performance will be wholly or origin is unreasonable if it exceeds 150 preparedness program at the time of in part in a foreign country. percent of the offered price, inclusive of contract award; § 225.972 Authorization to perform. duty, of items which are not of U.S. or * * * * * Use the clause at 252.225–7042, Canadian origin. 42. Section 225.7010–2 is revised to 37. Section 225.7007–1 is revised to Authorization to Perform, in read as follows: read as follows: solicitations and contracts when § 225.7010±2 Exception. contract performance will be wholly or § 225.7007±1 Restriction. in part in a foreign country. In accordance with 10 U.S.C. 2534(g) In accordance with 10 U.S.C. 2534 and 225.7005(a), the restriction of 35. The heading of Subpart 225.70 is and 225.7005(a), do not acquire a revised to read as follows: 225.7010–1 does not apply to the multipassenger motor vehicle (bus) acquisition of quantities of chemical unless it is manufactured in the United Subpart 225.70ÐAuthorization Acts, weapons antidote contained in States or a qualifying country. Appropriations Acts, and Other automatic injectors, or the components 38. Section 225.7007–3 is revised to Statutory Restrictions on Foreign for such injectors, that exceed the read as follows: Acquisition amount needed to maintain the U.S. § 225.7007±3 Exceptions. defense mobilization base (provided 36. Section 225.7005 is revised to read such quantity is an economical as follows: This restriction does not apply in any of the following circumstances: purchase quantity), if— § 225.7005 Waiver of certain restrictions. (a) Buses manufactured in (a) The acquisition is for an amount (a) The Secretary of Defense has nonqualifying countries are needed for that does not exceed the simplified waived the restrictions of 10 U.S.C. temporary use because buses acquisition threshold; or 2534(a) for the acquisition of defense manufactured in the United States or a (b) The chemical weapons antidote items manufactured in a qualifying qualifying country are not available to contained in automatic injectors, or the country listed in 225.872–1, in satisfy requirements that cannot be components for such injectors are accordance with the provisions of 10 postponed. Such use may not, however, manufactured in a qualifying country. U.S.C. 2534(d)(3). exceed the lead time required for 43. Section 225.7010–3 is revised to (b) Where provided for elsewhere in acquisition and delivery of buses read as follows: this subpart, the restrictions on certain manufactured in the United States or a § 225.7010±3 Waiver. foreign purchases under 10 U.S.C. qualifying country. The waiver criteria at 225.7005(b) (b) The requirement for buses is 2534(a) may be waived as follows: apply to this restriction. (1) The head of the contracting temporary in nature. For example, to activity may waive the restriction on a meet a special, nonrecurring § 225.7013 [Removed and reserved] case-by-case basis upon execution of a requirement or a sporadic and 44. Section 225.7013 is removed and determination and findings that any of infrequent recurring requirement, buses reserved. the following applies: manufactured in nonqualifying (i) The restriction would cause countries may be used for temporary §§ 225.7013±1 and 225.7013±2 [Removed] unreasonable dalays. periods of time. Such use may not, 45. Sections 225.7013–1 and (ii) United States producers of the however, exceed the period of time 225.7013–2 are removed. item would not be jeopardized by needed to meet the special requirement. 46. Section 115.7016–1 is revised to competition from a foreign country, and (c) Buses manufactured in read as follows: that country does not discriminate nonqualifying countries are available at against defense items produced in the no cost to the U.S. Government. § 225.7016±1 Restriction. United States to a greater degree than (d) The acquisition is for an amount In accordance with 10 U.S.C. 2534 the United States discriminates against that does not exceed the simplified and 225.7005(a), do not acquire air defense items produced in that country. acquisition threshold. circuit breakers for naval vessels unless (iii) Application of the restriction 39. Section 225.7007–4 is revised to they are manufactured in the United would impede cooperative programs read as follows: States or a qualifying country. 34124 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations

47. Section 225.7016–2 is revised to § 225.7022±1 Restrictions. § 225.7102 Forgings. read as follows: * * * * * § 225.7102±1 Policy. § 225.7016±2 Exceptions. (b) In accordance with 10 U.S.C. DoD requirements for the following This restriction does not apply if— 2534(a)(3)(B) and 225.7005(a), do not forging items, whether as end items or purchase a totally enclosed lifeboat that (a) The acquisition is for an amount components, shall be acquired from is a component of a naval vessel, unless that does not exceed the simplified domestic sources (as described in the it is manufactured in the United States acquisition threshold; or clause at 252.225–7025) to the or a qualifying country. In accordance (b) Spare or repair parts are needed to maximum extent practicable— with 10 U.S.C. 2534(h), this restriction support air circuit breakers may not be implemented through the Items Categories manufactured in a nonqualifying use of a contract clause or certification. country. Support includes the purchase Implementation shall be effected Ship propulsion shafts Excludes service and of spare air circuit breakers where those through management and oversight landing craft shafts. from alternate sources are not techniques that achieve the objective of Periscope tubes ...... All. interchangeable. Ring forgings for bull All greater than 120 the restriction without imposing a gears. inches in diameter. 48. Section 225.7016–3 is revised to significant management burden on the read as follows: Government or the contractor involved. § 225.7102±2 Exceptions. § 225.7016±3 Waiver. 54. Section 225.7022–2 is revised to The policy in 225.7102–1 does not The waiver criteria at 225.7005(b) read as follows: apply to acquisitions— apply to this restriction. § 225.7022.2 Exceptions. (a) Using simplified acquisition 49. Section 225.7019–1 is amended by procedures, unless the restricted item is revising paragraph (a) to read as follows: The restriction in 225.7022–1(b) does the end item being purchased; not apply if— (b) Overseas for overseas use; or § 225.7019±1R Restrictions. (a) The acquisition is for an amount (c) When the quantity acquired (a) In accordance with 10 U.S.C. 2534 that does not exceed the simplified exceeds the amount needed to maintain and 225.7005(a), through fiscal year acquisition threshold; or the U.S. defense mobilization base 2000, do not acquire ball and roller (provided such quantity is an bearings or bearing components that are (b) Spare or repair parts are needed to economical purchase quantity). The not manufactured in the United States support totally enclosed lifeboats restriction to domestic sources does not or a qualifying country. manufactured in a nonqualifying apply to the quantity above that * * * * * country. required to maintain the base, in which 50. Section 225.7019–3 is amended by 55. Section 225.7022–3 is revised to case, qualifying country sources may revising paragraph (a)(1)(iv); by read as follows: compete. redesignating paragraphs (a)(2) and § 225.7022±3 Waiver. § 225.7102±3 Waiver. (a)(3) as paragraphs (a)(3) and (a)(4), respectively; and by adding a new The waiver criteria at 225.7005(b) Upon request from a prime contractor, paragraph (a)(2). The revised and added apply only to the restriction of the contracting officer may waive the text reads as follows: 225.7022–1(b). requirement for domestic manufacture of the items covered by the policy in § 225.7019±3 Waiver. 56. Subpart 225.71 is revised to read 225.7102–1. as follows: (a) * * * § 225.7102±4 Contract clause. (1) * * * Subpart 225.71ÐOther Restrictions on (a) Use the clause at 252.225–7025, (iv) Application of the restriction Foreign Acquisition Restriction on Acquisition of Forgings, would impede cooperative programs in solicitations and contracts, except for entered into between DoD and a foreign Sec. 225.7100 Scope of subpart. acquisitions— country, and that country does not (1) Excepted in 225.7102–2; or discriminate against defense items 225.7101 Definitions. 225.7102 Forgings. (2) Where the contracting officer produced in the United States to a knows that the supplies being acquired greater degree than the United States 225.7102–1 Policy. 225.7102–2 Exceptions. do not contain the restricted items. discriminates against defense items 225.7102–3 Waiver. (b) If an exception under 225.7102–2 produced in that country; 225.7102–4 Contract clause. applies to any portion of the acquisition, * * * * * 225.7103 Polyacrylonitrile (PAN) carbon specify the exception in the solicitation (2) If the acquisition is for an amount fiber. and contract. less than the simplified acquisition 225.7103–1 Policy. 225.7103–2 Waivers. § 225.7103 Polyacrylonitrile (PAN) carbon threshold and simplified acquisition fiber. procedures are being used. 225.7103–3 Contract clause. * * * * * § 225.7100 Scope of subpart. § 225.7103±1 Policy. All new major systems must use U.S. § 225.7020 [Removed and reserved] This subpart contains foreign product or Canadian manufacturers or producers 51. Section 225.7020 is removed and restrictions which are based on policies for all PAN carbon fiber requirements. reserved. designed to protect the defense industrial base. § 225.7103±2 Waivers. §§ 225.7020±1 and 225.7020±2 [Removed] Contracting officers may, with the § 225.7101 Definitions. 52. Sections 225.7020–1 and approval of the chief of the contracting 225.7020–2 are removed. Relevant definitions are in the clause office, waive, in whole or in part, the 53. Section 225.7022–1 is amended by at 252.225–7025, Restriction on requirement of the clause at 252.225– revising paragraph (b) to read as follows: Acquisition of Forgings. 7022. For example, a waiver may be Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations 34125 justified if a qualified U.S. or Canadian § 228.370 Additional clauses. Germany, use the clause with its source cannot meet scheduling * * * * * Alternate I. requirements. (f) Use the clause at 252.228–7006, (b) Use the clause at 252.229–7002, Compliance with Spanish Laws and Customs Exemptions (Germany), in § 225.7103±3 Contract clause. Insurance, in solicitations and contracts solicitations and contracts requiring the Use the clause at 252.225–7022, for services or construction to be import of U.S. manufactured products Restriction on Acquisition of performed in Spain by other than a into Germany. Polyacrylonitrile (PAN) Carbon Fiber, in Spanish contractor or subcontractor. (c) Use the clause at 252.229–7003, all acquisitions for major systems (as Tax Exemptions (Italy), in solicitations defined in FAR part 2) that are not yet PART 229ÐTAXES and contracts when contract in production (milestone III as defined performance will be in Italy. in DoD 50002.2–R, Mandatory 61. Section 229.101 is amended by (d) Use the clause at 252.229–7004, Procedures for Major Defense redesignating paragraphs (d)(i), (d)(ii), Status of Contractor as a Direct Acquisition Programs (MDAPS) and and (d)(iii) as paragraphs (d)(iii), (d)(iv), Contractor (Spain), in solicitations and Major Automated Information system and (d)(v), respectively; and by adding contracts requiring the import into (MAIS) Acquisition Programs). Also use new paragraphs (d)(i), (d)(ii), and (d)(vi) Spain of supplies for construction, the clause in contracts for major systems to read as follows: development, maintenance, or operation of Spanish-American installations and if the clause was used in prior program § 229.101 Resolving tax problems. contracts. facilities. 57. Section 225.7307 is revised to read * * * * * (e) Use the clause at 252.229–7005, as follows: (d)(i) Tax relief agreements between Tax Exemptions (Spain), in solicitations the United States and foreign and contracts when contract § 225.7307 Offset arrangements. governments in Europe that exempt the performance will be in Spain. In accordance with the Presidential United States from payment of specific (f) Use the clause at 252.229–7006, policy statement of April 16, 1990, DoD taxes on purchases made for common Value Added Tax Exclusion (United does not encourage, enter into, or defense purposes are maintained by the Kingdom), in solicitations and contracts commit U.S. firms to FMS offset United States European Command when contract performance will be in arrangements. The decision whether to (USEUCOM). For further information the United Kingdom. engage in offsets, and the responsibility contact HQ USEUCOM, Attn: ECLA, (g) Use the clause at 252.229–7007, for negotiating and implementing offset Unit 30400, Box 1000, APO AE 09128; Verification of United States Receipt of arrangements, resides with the Telephone; DSN 430–7474, Commercial Goods, in solicitations and contracts companies involved. 49–0711–680–7474; Telefax: 49–0711– when contract performance will be in 680–7408. the United Kingdom. §§ 225.7307±1 and 225.7307±2 [Removed] (ii) Tax relief also may be available in (h) Use the clause at 252.229–7008, 58. Sections 225.7307–1 and countries that have not signed tax relief Relief from Import Duty (United 225.7307–2 are removed. agreements. The potential for such relief Kingdom), in solicitations issued and contracts awarded in the United PART 227ÐPATENTS, DATA, AND should be explored in accordance with paragraph (d)(iii) of this section. Kingdom. COPYRIGHTS (i) Use the clause at 252.229–7009, * * * * * Relief from Customs Duty and Value 59. Section 227.676 is added to read (vi) Also see subpart 229.70 for Added Tax on Fuel (Passenger Vehicles) as follows: special procedures for obtaining tax (United Kingdom), in solicitations relief and duty-free import privileges § 227.676 Foreign patent interchange issued and contracts awarded in the when conducting U.S. Government agreements. United Kingdom for fuels (gasoline or acquisitions in certain foreign countries. (a) Patent interchange agreements diesel) and lubricants used in passenger between the United States and foreign * * * * * vehicles (excluding taxis). governments provide for the use of 62. Subpart 229.4 is added to read as (j) Use the clause at 252.229–7010, patent rights, compensation, free follows: Relief from Customs Duty on Fuel licenses, and the establishment of (United Kingdom), in solicitations committees to review and make Subpart 229.4ÐContract Clauses issued and contracts awarded in the recommendations on these matters. The Sec. United Kingdom that require the use of agreements also may exempt the United 229.402 Foreign contracts. fuels (gasoline or diesel) and lubricants States from royalty and other payments. 229.402–1 Foreign fixed-price contracts. in taxis or vehicles other than passenger The contracting officer shall ensure that 229.402–70 Additional clauses. vehicles. royalty payments are consistent with 63. Subpart 229.70 is added to read as § 229.402 Foreign contracts. patent interchange agreements. follows: (b) Assistance with patent rights and § 229.402±1 Foreign fixed-price contracts. royalty payments in the United States Subpart 229.70ÐSpecial Procedures Use the clause at 252.229–7000, for Overseas Contracts European Command (USEUCOM) area Invoices Exclusive of Taxes or Duties, in of responsibility is available from HQ solicitations and contracts when a fixed- Sec. USEUCOM, ATTN: ECLA, Unit 30400, price contract will be awarded to a 229.7000 Scope of subpart. Box 1000, APO AE 09128; Telephone: foreign concern. 229.7001 Tax exemption in Spain DSN 229.7002 Tax exemption in the United 430–7474, Commercial 49–0711–680– § 229.402±70 Additional clauses. Kingdom. 7474; Telefax: 49–0711–680–7408. (a) Use the clause at 252.229–7001, 229.7002–1 Value added tax. 229.7002–2 Import duty. PART 228ÐBONDS AND INSURANCE Tax Relief, in solicitations and contracts 229.7002–3 Value added tax or import duty when a contract will be awarded to a problem resolution. 50. Section 228.370 is amended by foreign concern in a foreign country. 229.7002–4 Information required by HM adding paragraph (f) to read as follows: When contract performance will be in Customs and Excise. 34126 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations

§ 229.7000 Scope of subpart. name and activity address of personnel PART 232ÐCONTRACT FINANCING This subpart prescribes procedures to who have been granted warranted be used by contracting officers to obtain contracting authority to Her Majesty’s 64. Section 232.806 is revised to read as follows: tax relief and duty-free import privileges (HM) Customs and Excise at the when conducting U.S. Government following address: HM Customs and § 232.806 Contract clause. acquisitions in certain foreign countries. Excise, International Customs Division (a)(1) Use the clause at 252.232–7008, G, Branch 4, Adelaide House, London § 229.7001 Tax exemption in Spain. Assignment of Claims (Overseas), Bridge, London EC4R 9DB. instead of the clause at FAR 52.232–23, (a) The Joint United States Military § 229.7002±2 Import duty. Assignment of Claims, in solicitations Group (JUSMG), Spain Policy Directive and contracts when contract 400.4, or subsequent directive, applies No import duty shall be paid by the performance will be in a foreign to U.S. contracting offices acquiring United States and contract prices shall country. supplies or services in Spain when the be exclusive of duty, except when the (2) Use Alternate I with the clause at introduction of material or equipment administrative cost compared to the low FAR 52.232–23, Assignment of Claims, into Spain is required for contract dollar value of a contract makes it unless otherwise authorized under performance. impracticable to obtain relief from 232.803(d). (b) Upon award of a contract with a contract import duty. In this instance, Direct Contractor, as defined in the the contracting officer shall document PART 233ÐPROTESTS, DISPUTES, clause at 252.229–7004, the contracting the contract file with a statement that— AND APPEALS officer will notify JUSMG–MAAG (a) The administrative burden of § 233.214 [Redesignated] Madrid, Spain, and HQ 16AF/LGTT and securing tax relief under the contract forward three copies of the contract to was out of proportion to the tax relief 65. Section 233.214 is redesignated as JUSMG–MAAG, Spain. involved; section 233.215. 66. Section 233.215–70 is added to (c) If copies of the contract are not (b) It is impracticable to secure tax read as follows: available and duty-free import of relief; equipment or materials is urgent, the (c) Tax relief is therefore not being § 233.215±70 Additional contract clause. contracting officer will send JUSMG– secured; and Use the clause at 252.233–7001, MAAG three copies of the Letter of (d) The acquisition does not involve Choice of Law (Overseas), in Intent or a similar document indicating the expenditure of any funds to solicitations and contracts when the pending award. In these cases, establish a permanent military contract performance will be outside of authorization for duty-free import will installation. the United States, it possessions, and be issued by the Government of Spain. Puerto Rico, unless otherwise provided Upon formal award, the contracting § 229.7002±3 Value added tax or import for in a government-to-government duty problem resolution. officer will forward three copies of the agreement. completed contract to JUSMG–MAAG, In the event a value added tax or Spain. import duty problem cannot be resolved PART 234ÐMAJOR SYSTEM (d) The contracting officer will notify at the contracting officer’s level, refer ACQUISITION JUSMG–MAAG, Spain, and HQ 16AF/ the issue to HQ Third Air Force, Staff 67. Section 234.003 is revised to read LGTT of ports-of-entry and identify the Judge Advocate, Unit 4840, Box 45, as follows: customs agents who will clear property APO AE 09459. Direct contact with HM on their behalf. Additional documents Customs and Excise in London is § 234.003 Responsibilities. required for port-of-entry and customs prohibited. DoD 5000.1, Defense Acquisition, and clearance can be obtained by contacting DoD 5000.2–R, Mandatory Procedures HQ 16AF/LGTT. This information will § 229.7002±4 Information required by HM Customs and Excise. for Major Defense Acquisition Programs be passed to the Secretaria General (MDAPs) and Major Automated Tecnica del Ministerio de Hacienda (a) School bus contacts. Provide one Information System (MAIS) Acquisition (Technical General Secretariat of the copy of the contract and all Programs, contain the DoD Ministry of Finance). A list of customs modifications to HM Customs and implementation of OMB Circular A– agents may be obtained from the 600 Excise. 109. ABG, APO AE 90646. (b) Road fuel contracts. For contracts that involve an application for relief PART 235ÐRESEARCH AND § 229.7002 Tax exemption in the United from duty on the road fuel used in Kingdom. DEVELOPMENT CONTRACTING performance of the contract, provide— This section contains procedures to be (1) To HM Customs and Excise— § 235.006 [Amended] followed in securing relief from the (i) Contract number; 68. Section 235.006 is amended in British value added tax and import (ii) Name and address of contractor; paragraph (b)(i)(C)(1)(iii) by revising the duties. (iii) Type of work (e.g., laundry, parenthetical phrase ‘‘(as defined in § 229.7002±1 Value added tax. transportation); FAR 34.001)’’ to read ‘‘(as defined in (iv) Area of work; and FAR 2.101)’’. (a) U.S. Government purchases 69. Section 235.010 is amended in qualifying for tax relief are equipment, (v) Period of performance. paragraph (b) by revising the last materials, facilities, and services for the (2) To the regional office of HM sentence to read as follows: common defense effort and for foreign Custom and Excise to which the aid programs. contractor applied for relief from the § 235.010 Scientific and technical reports. (b) To facilitate the resolution of duty on road fuel—copy of the contract. (b) * * * Requests for eligibility and issues concerning specific waivers of (c) Other contracts awarded to United registration information should be import duty or tax exemption for U.S. Kingdom firms. Provide information addressed to DTIC–BCS, 8725 John J. Government purchases (see 229.7002– when requested by HM Customs and Kingman Road, Suite 0944, Fort Belvoir, 3), contracting offices shall provide the Excise. VA 22060–0944. Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations 34127

PART 236ÐCONSTRUCTION AND 76. Section 239.7302 is amended by Subpart 242.70Ð[Removed and ARCHITECT-ENGINEER CONTRACTS revising paragraph (b)(2)(i) to read as reserved] follows: 70. Section 236.274 is amended by 81. Subpart 242.70 is removed and revising paragraph (b)(2)(viii) to read as § 239.7302 Approvals and screening. reserved. follows: * * * * * PART 245ÐGOVERNMENT PROPERTY § 236.274 Construction in foreign (b) * * * countries. (2) * * * 82. Section 245.302–1 is amended by revising paragraph (a)(4)(A)(2), the * * * * * (i) Submits a request for screening the introductory text of paragraph (a)(4)(C), (b) * * * requirement against the pool of and paragraph (b)(1) to read as follows: (2) * * * Government-owned ADPE to determine (viii) Resolution of any forseeable if available excess equipment could § 245.302±1 Policy. problems that can be appropriately satisfy the contractor’s needs. The (a)(4)(A) * * * included in the agreement. request should include the contractor’s (2) To the Office of the Deputy Under 71. Section 236.570 is amended by supporting documentation. The request Secretary of Defense (Industrial Affairs adding paragraph (d) to read as follows: is sent to— and Installations) for projects exceeding Defense Information Systems Agency, Chief the limitations in paragraph (a)(4)(A)(1) § 236.570 Additional provisions and Information Officer, Defense Automation of this subsection. clauses. Resources Management Program Division, * * * * * * * * * * Attn: D03D, 701 South Courthouse Road, Arlington, VA 22204–2199; or (C) Departments and agencies must (d) Also see 246.710(4) for an submit reports of facilities projects to additional clause applicable to * * * * * the House and Senate Armed Services construction contracts to be performed § 239.7500 [Amended] Committees— in Germany. * * * * * 72. Section 236.609–70 is amended by 77. Section 239.7500 is amended by removing the word ‘‘resources’’ and (b)(1)(A) Industrial plant equipment. revising the section heading to read as Before acquiring industrial plant follows: inserting the word ‘‘technology’’ in its place. equipment— § 236.609±70 Additional provision and (1) Submit a DD Form 1419, DoD clause. PART 242ÐCONTRACT Industrial Plant Equipment Requisition, * * * * * ADMINISTRATION to the Defense Supply Center Richmond (DSCR), Attn: JH, 8000 Jefferson Davis PART 237ÐSERVICE CONTRACTING 78. Section 242.101 is amended in the Highway, Richmond, Va 23297–5100, in introductory text of paragraph (d)(i) and accordance with AR 700–43/NAVSUP § 237.7102 [Amended] in paragraph (d)(ii) by revising PUB 5009/AFM 78–9/DLAM 4215.1, 73. Section 237.7102 is amended in ‘‘Assistant Secretary of Defense Management of Defense-Owned paragraphs (a) and (b) by revising the (Comptroller)’’ to read ‘‘Under Secretary Industrial Plant Equipment, to word ‘‘Instructions’’ to read of Defense (Comptroller/Chief Financial determine whether existing, reallocable ‘‘Instruction’’. Officer)’’; and by revising paragraph Government-owned facilities can be (d)(i)(A) to read as follows: used. PART 239ÐACQUISITION OF (2) Do not acquire any item listed on INFORMATION RESOURCES § 242.101 Policy. the DD Form 1419 until a certificate of * * * * * nonavailability is received from DSCR. 74. Section 239.7003 is amended in (B) Automatic data processing paragraph (f)(1) by revising the first (d)(i) * * * equipment. The administrative sentence to read as follows: (A) Quality assurance, contract administration, and audit services contracting officer submits contractor § 239.7003 Procedures. provided under a no-charge reciprocal requests to acquire automatic data * * * * * agreement; processing equipment to the Defense (f) * * * * * * * * Information Systems Agency, Chief (1) Send an SF 120, Report of Excess Information Officer, Defense Personal Property, to the Defense § 242.102 [Amended] Automation Resources Management Information Systems Agency, Chief 79. Section 242.102 is amended in the Program Division, Attn: D03D, 701 Information Officer, Defense introductory text of paragraph (b)(ii) by South Courthouse Road, Arlington, VA Automation Resources Management removing ‘‘Area Operations (DCMAO)’’ 22204–2199, in accordance with the Program Division, Attn: D03D, 701 and inserting ‘‘Command (DCMC)’’ in Defense Automation Resources South Courthouse Road, Arlington, VA its place. Management Manual. 22204–2199. * ** 80. Section 242.1404–2–70 is revised § 245.407 [Amended] * * * * * to read as follows: 83. Section 245.407 is amended in 75. Section 239.7102–3 is revised to § 242.1404±2±70 Additional clause. paragraph (a)(ii) by removing the read as follows: abbreviation ‘‘OASD(P&L)(PR)’’ and Use the clause at 252.242–7003, inserting in its place the phrase ‘‘the § 239.7102±3 Contract clause. Application for U.S. Government Office of the Deputy Under Secretary of When contracting for computer Shipping Documentation/Instructions, Defense (Industrial Affairs and equipment or systems that are to be when using the clause at FAR 52.242– Installations)’’. used to process classified information, 10, F.o.b. Origin—Government Bills of use the clause at 252.239–7000, Lading or Prepaid Postage, or FAR § 245.505±6 [Amended] Protection Against Compromising 52.242–11, F.o.b. Origin—Government 84. Section 245.505–6 is amended in Emanations. Bills of Lading or Indicia Mail. paragraph (2) by removing the 34128 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations abbreviation ‘‘DIPEC’’ and inserting in PART 246ÐQUALITY ASSURANCE (b) If wage rates or material prices are its place the phrase ‘‘Defense Supply revised by the government named in Center Richmond (DSCR)’’. 89. Section 246.710 is amended by paragraph (a) of this clause, the Contracting adding paragraph (4) to read as follows: Officer shall make an equitable adjustment in 85. Section 245.608–5 is amended by the contract price and shall modify the revising paragraphs (a)(2)(B) (2) and (4) § 246.710 Contract clauses. contract to the extent that the Contractor’s and by removing paragraph (d). The * * * * * actual costs of performing this contract are revised text reads as follows: (4) Use the clause at 252.246–7002, increased or decreased, as a direct result of Warranty of Construction (Germany), in the revision, subject to the following: § 245.608±5 Special items screening. solicitations and contracts for (1) For increases in established wage rates (a) * * * construction when a fixed-price contact or material prices, the increase in contract unit price(s) shall be effective on the same (2) * * * will be awarded and contract date that the government named in paragraph (B) * * * performance will be in Germany. (a) of this clause increased the applicable wage rate(s) or material price(s), but only if (2) Defense Supply Center PART 249ÐTERMINATION OF Richmond—IPE components; the Contracting Officer receives the CONTRACTS Contractor’s written request for contract * * * * * adjustment within 10 days of the change. If § 249.110 [Amended] (4) Defense Information Systems the Contractor’s request is received later, the Agency, Chief Information Officer, 90. Section 249.110 is amended in effective date shall be the date that the Defense Automation Resources Table 49–1, Part III—Discussion of Contracting Officer received the Contractor’s Management Program Division—ADPE Settlement, by revising the statement in request. components. paragraph 1.b. to read ‘‘In the case of a (2) For decreases in established wage rates lump sum settlement, comment on the or material prices, the decrease in contract 86. Section 245.608–71 is amended by unit price(s) shall be effective on the same revising paragraph (a); and in the general basis for and major factors concerning each element of cost and date that the government named in paragraph introductory text of paragraph (b)(1) and (a) of this clause decreased the applicable paragraphs (b)(2)(i), (b)(2)(ii)(C), profit included.’’; and by revising in wage rate(s) or material price(s). The decrease (b)(3)(iii), (c), and (d) by removing the paragraph 4. the word ‘‘terminations’’ to in contract unit price(s) shall apply to all abbreviation ‘‘DIPEC’’ and inserting the read ‘‘termination’’. items delivered on and after the effective date of the government’s rate or price decrease. abbreviation ‘‘DSCR’’ in its place. The PART 252ÐSOLICITATION revised text reads as follows: (c) No modification changing the contract PROVISIONS AND CONTRACT unit price(s) shall be executed until the § 245.608±71 Screening industrial plant CLAUSES Contracting Officer has verified the equipment. applicable change in the rates or prices set § 252.203±7001 [Amended] by the government named in paragraph (a) of (a) Reporting. Within 15 days of 91. Section 252.203–7001 is amended this clause. The Contractor shall make receipt, the plant clearance officer will by revising the clause date to read ‘‘(JUN available its books and records that support forward two copies of the DD Form 1997)’’, by revising in paragraph (g) the a requested change in contract price. 1342, DoD Property Record, to the reference ‘‘part 13’’ to read ‘‘part 2’’; and (d) Failure to agree to any adjustment shall Defense Supply Center Richmond by revising in paragraph (h) the phone be a dispute under the Disputes clause of this (DSCR), ATTN: JH, 8000 Jefferson Davis number ‘‘(202) 307–1065’’ to read ‘‘(202) contract. Highway, Richmond, VA 23297–5100, 616–3507’’. (End of clause) for all IPE not condition coded ‘‘X’’ or 95. Section 252.219–7000 is amended ‘‘S.’’ Process IPE condition coded ‘‘X’’ or §§ 252.209±7003 and 252.209±7004 by revising the clause date to read [Removed and reserved] ‘‘S’’ in accordance with department or ‘‘(June 1997)’’ and in paragraph (b) by agency procedures. 92. Sections 252.209–7003 and revising the introductory text and the * * * * * 252.209–7004 are removed and first two entries to read as follows: reserved. 87. Section 245.608–72 is added to § 252.219±7000 Small disadvantaged read as follows: § 252.216±7002 [Removed and reserved] business concern representation (DoD) § 245.608±72 Screening excess automatic 93. Section 252.216–7002 is removed contracts). data processing equipment (ADPE). and reserved. * * * * * 94. Section 252.216–7003 is added to (b) Representations. Check the Report ADPE that is Government- read as follows: owned or leased by the contractor (with category in which your ownership Government purchase option or other § 252.216±7003 Economic price falls— interests, including use rights) to the adjustmentÐwage rates or material prices —Subcontinent Asian (Asian-Indian) Defense Information Systems Agency, controlled by a foreign government. American (U.S. citizen with origins Defense Automation Resources As prescribed in 216.203–4–70(c), use from India, Pakistan, Bangladesh, Sri Management Program Division the following clause: Lanka, Bhutan, the Maldives Islands, (DARMP). DARMP does all required ECONOMIC PRICE ADJUSTMENT—WAGE or Nepal) screening, including General Services RATES OR MATERIAL PRICES —Asian-Pacific American (U.S. citizen Administration screening, for ADPE. CONTROLLED BY A FOREIGN with origins from Japan, China, the (See the Defense Automation Resources GOVERNMENT (JUNE 1997) Philippines, Vietnam, Korea, Samoa, Management Manual.) (a) The Contractor represents that the Guam, U.S. Trust Territory of the prices set forth in this contract— Pacific Islands (Republic of Palau), § 245.7206 [Amended] (1) Are based on the wage rate(s) or the Northern Mariana Islands, Laos, 88. Section 245.7206 is amended in material price(s) established and controlled Kampuchea (Cambodia), Taiwan, by the Government ofllll(Offeror insert the introductory text and in paragraph name of host country); and Burma, Thailand, Malaysia, (j)(2) by removing the abbreviation (2) Do not include contingency allowances Indonesia, Singapore, Brunei, ‘‘DIPEC’’ and inserting the abbreviation to pay for possible increases in wage rates or Republic of the Marshall Islands, the ‘‘DSCR’’ in its place. material prices. Federated States of Micronesia, Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations 34129

Macao, Hong Kong, Fiji, Tonga, (d)(2) A small disadvantaged business, Government, at no cost to the United States Kiribati, Tuvalu, or Nauru) historically black college or university, or Government. minority institution regular dealer submitting (End of clause) * * * * * an offer in its own name agrees to furnish in 96. Section 252.219–7004 is amended performing this contract only end items § 252.222±7004 Compliance with Spanish by revising the clause date to read manufactured or produced in the United social security laws and regulations. ‘‘(June 1997)’’ and by revising paragraph States by small business concerns, As prescribed in 222.7201(c), use the (c) to read as follows: historically black colleges or universities, or following clause: minority institutions. § 252.219±7004 Small, small COMPLIANCE WITH SPANISH SOCIAL disadvantaged and women-owned small § 252.219±7007 [Removed and reserved] SECURITY LAWS AND REGULATIONS business subcontracting plan (test 98. Section 252.219–7007 is removed (JUNE 1997) program). and reserved. (a) The Contractor shall comply with all * * * * * 99. Sections 252.222–7002, 252.222– Spanish Government social security laws and (c) The Contractor shall submit 7003, and 252.222–7004 are added to regulations. Within 30 calendar days after the Standard Form (SF) 295, Summary read as follows: start of contract performance, the Contractor Subcontract Report, in accordance with shall ensure that copies of the documents § 252.222±7002 Compliance with local identified in paragraph (a)(1) through (a)(5) of the instructions on the form, except— this clause are available at all reasonable (1) One copy of the SF 295 and labor laws (overseas). As prescribed in 222.7201(a), use the times for inspection by the Contracting attachments shall be submitted to Officer or an authorized representative. The Director, Small and Disadvantaged following clause: Contractor shall retain the records in Business Utilization, Office of the COMPLIANCE WITH LOCAL LABOR LAWS accordance with the Audit and Records Deputy Under Secretary of Defense (OVERSEAS) (JUNE 1997) clause of this contract. (International and Commercial (a) The Contractor shall comply with all— (1) TC1—Certificate of Social Security Programs), 3061 Defense Pentagon, (1) Local laws, regulations, and labor union Payments; (2) TC2—List of Employees; Room 2A338, Washington, DC 20301– agreements governing work hours; and (2) Labor regulations including collective (3) TC2/1—Certificate of Social Security 3061; and Payments for Trainees; (2) Item 14, Remarks, shall be bargaining agreements, workers’ compensation, working conditions, fringe (4) Nominal (pay statements) signed by completed to include semi-annual benefits, and labor standards or labor both the employee and the Contractor; and cumulative— contract matters. (5) Informa de Situacion de Empressa (i) Small business, small (b) The Contractor indemnifies and holds (Report of the Condition of the Enterprise) disadvantaged business, and women- harmless the United States Government from from the Ministerio de Trabajo y S.S., owned small business goals; and all claims arising out of the requirements of Tesoreria General de la Seguridad Social (ii) Small business and small this clause. This indemnity includes the (annotated with the pertinent contract number(s) next to the employee’s name). disadvantaged business goals, actual Contractor’s obligation to handle and settle, without cost to the United States (b) All TC1’s, TC2’s, and TC2/1’s shall accomplishments, and percentages for contain a representation that they have been each of the two designated industry Government, any claims or litigation concerning allegations that the Contractor or paid by either the Social Security categories. the United States Government, or both, have Administration office or the Contractor’s * * * * * not fully complied with local labor laws or bank or savings institution. Failure by the 97. Section 252.219–7006 is amended regulations relating to the performance of Contractor to comply with the requirements of this clause may result in termination of the by revising the clause date to read work required by this contract. (c) Notwithstanding paragraph (b) of this contract under the clause of the contract ‘‘(June 1997)’’; and by revising entitled ‘‘Default.’’ paragraphs (d)(1)(ii) and (d)(2) and clause, consistent with paragraphs 31.205– 15(a) and 31.205–47(d) of the Federal (End of clause) Alternate I to read as follows: Acquisition Regulation, the Contractor will § 252.225±7004 [Removed and reserved] § 252.219±7006 Notice of evaluation be reimbursed for the costs of all fines, preference for small disadvantaged penalties, and reasonable litigation expenses 100. Section 252.225–7004 is removed business concerns. incurred as a result of compliance with and reserved. specific contract terms and conditions or 101. Sections 252.225–7006 and * * * * * written instructions from the Contracting 252.225–7007 are revised to read as (d) * * * officer. (1) * * * follows: (End of clause) (ii) Supplies (other than procurement from § 252.225±7006 Buy American ActÐtrade a regular dealer in such supplies), at least 50 § 252.222±7003 Permit from Italian agreementsÐBalance of Payments percent of the cost of manufacturing, Inspectorate of Labor. Program certificate. excluding the cost of materials, will be performed by the concern. As prescribed in 222.7201(b), use the As prescribed in 225.408(a)(1), use the following clause: following provision: * * * * * (2) A small disadvantaged business, PERMIT FROM ITALIAN INSPECTORATE BUY AMERICAN ACT—TRADE historically black college or university, or OF LABOR (JUNE 1997) AGREEMENTS—BALANCE OF PAYMENTS minority institution regular dealer submitting Prior to the date set for commencement of PROGRAM CERTIFICATE (JUNE 1997) an offer in its own name agrees to furnish in work and services under this contract, the (a) Definitions. ‘‘Caribbean Basin country performing this contract only end items Contractor shall obtain the prescribed permit end product,’’ ‘‘designated country end manufactured or produced in the United from the Inspectorate of Labor having product,’’ ‘‘domestic end product,’’ ‘‘NAFTA States by small disadvantaged business jurisdiction over the work site, in accordance country end product,’’ ‘‘nondesignated concerns, historically black colleges or with Article 5g of Italian Law Number 1369, country end product,’’ ‘‘qualifying country universities, or minority institutions. dated October 23, 1960. The Contractor shall end product,’’ and ‘‘U.S. made end product’’ * * * * * ensure that a copy of the permit is available have the meanings given in the Trade at all reasonable times for inspection by the Agreements and the Buy American Act and ALTERNATE I (JUNE 1997) Contracting Officer or an authorized Balance of Payments Program clauses of this As prescribed in 219.7003, substitute the representative. Failure to obtain such permit solicitation. following paragraph (d)(2) for paragraph may result in termination of the contract for (b) Evaluation. Offers will be evaluated in (d)(2) of the basic clause: the convenience of the United States accordance with the policies and procedures 34130 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations of Part 225 of the Defense Federal TRADE AGREEMENTS (JUNE 1997) ‘‘qualifying country end product’’ have the Acquisition Regulation Supplement. Offers of (a) Definitions. As used in this clause— meanings given in the Buy American Act and foreign end products that are not U.S. made, (1) ‘‘Caribbean Basin country’’ means— Balance of Payments Program clause of this qualifying country, designated country, contract. Caribbean Basin country, or NAFTA country Antigua and Barbuda (4) ‘‘Designated country’’ means— end products will not be considered for Aruba Bahamas Aruba award, unless the Contracting Officer Austria determines that there are no offers of such Barbados Belize Bangladesh end products; or the offers of such end Belgium products are insufficient to fulfill the British Virgin Islands Costa Rica Benin requirements; or a national interest exception Bhutan Dominica to the Trade Agreements Act is granted. Botswana Dominican Republic (c) Certifications. (1) The Offeror certifies Burkina Faso El Salvador that— Burundi Grenada (i) Each end product, except the end Canada Guatemala products listed in paragraph (c)(2) of this Cape Verde Guyana provision, is a domestic end product (as Central African Republic Haiti defined in the Buy American Act and Chad Honduras Balance of Payments Program clause of this Comoros Jamaica solicitation); and Denmark (ii) Components of unknown origin are Montserrat Djibouti considered to have been mined, produced, or Netherlands Antilles Equatorial Guinea manufactured outside the United States or a Nicaragua Finland qualifying country. Panama France (2) The Offeror must identify and certify all St. Kitts-Nevis Gambia end products that are not domestic end St. Lucia Germany products. St. Vincent and the Grenadines Greece (i) The Offeror certifies that the following Trinadad and Tobago Guinea supplies qualify as ‘‘U.S. made end (2) ‘‘Caribbean Basin country end Guinea-Bissau products’’ but do not meet the definition of product’’— ‘‘domestic end product’’: Haiti (i) Means an article that— Ireland (insert line item number) (A) Is wholly the growth, product, or Israel lllllllllllllllllllll manufacture of a Caribbean Basin country; or Italy (ii) The Offeror certifies that the following (B) In the case of an article that consists in Japan supplies are qualifying country end products: whole or in part of materials from another Kiribati (insert line item number) country or instrumentality, has been Lesotho lllllllllllllllllllll substantially transformed in a Caribbean Liechtenstein Basin country into a new and different article Luxembourg (insert country of origin) of commerce with a name, character, or use Malawi lllllllllllllllllllll distinct from that of the article or articles Maldives (iii) The Offeror certifies that the following from which it was so transformed. The term Mali supplies qualify as designated country end refers to a product offered for purchase under Mozambique products: a supply contract, but for purposes of Nepal (insert line item number) calculating the value of the end product Netherlands lllllllllllllllllllll includes services (except transportation Niger (insert country of origin) services) incidental to its supply, provided Norway lllllllllllllllllllll that the value of those incidental services Portugal Republic of Korea (iv) The Offeror certifies that the following does not exceed the value of the product Rwanda supplies qualify as Caribbean Basin country itself. Sao Tome and Principe end products: (ii) Excludes products, other than petroleum and any product derived from Sierra Leone (insert line item number) petroleum, that are not granted duty-free Singapore lllllllllllllllllllll treatment under the Caribbean Basin Somalia (insert country of origin) Economic Recovery Act (19 U.S.C. 2703(b)). Spain lllllllllllllllllllll These exclusions presently consist of— Sweden (A) Textiles and apparel articles that are Switzerland (v) The Offeror certifies that the following Tanzania U.R. supplies qualify as NAFTA country end subject to textile agreements; Togo products: (B) Footwear, handbags, luggage, flat goods, work gloves, and leather wearing Tuvalu (insert line item number) Uganda lllllllllllllllllllll apparel not designated as eligible articles for the purpose of the Generalized System of United Kingdom (insert country of origin) Preferences under Title V of the Trade Act of Vanuatu lllllllllllllllllllll 1974; Western Samoa (vi) The Offeror certifies that the following (C) Tuna, prepared or preserved in any Yemen supplies are other nondesignated country manner in airtight containers; and (5) ‘‘Designated country end product’’ end products. (D) Watches and watch parts (including means an article that— (insert line item number) cases, bracelets, and straps) of whatever type, (i) Is wholly the growth, product, or lllllllllllllllllllll including, but not limited to, mechanical, manufacture of the designated country; or quartz digital, or quartz analog, if such (ii) In the case of an article that consists in (insert country of origin) lllllllllllllllllllll watches or watch parts contain any material whole or in part of materials from another that is the product of any country to which country or instrumentality, has been (End of provision) Harmonized Tariff Schedule column 2 rates substantially transformed in a designated of duty apply. country into a new and different article of § 252.225±7007 Trade agreements. (3) ‘‘Components,’’ ‘‘domestic end commerce with a name, character, or use As prescribed in 225.408(a)(2), use the product,’’ ‘‘end product,’’ ‘‘nonqualifying distinct from that of the article or articles following clause: country,’’ ‘‘qualifying country,’’ and from which it was so transformed. The term Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations 34131 refers to a product offered for purchase under responsible offerors are either not received or contains polyacrylonitrile carbon fibers a supply contract, but for purposes of are insufficient to fill the Government’s (alternatively referred to as PAN-based calculating the value of the end product requirements; or carbon fibers or PAN-based graphite fibers). includes services (except transportation (iii) A national interest waiver has been (b) PAN carbon fibers contained in the end services) incidental to its supply, provided granted under section 302 of the Trade product shall be manufactured in the United that the value of those incidental services Agreements Act of 1979 (see FAR 25.402(c)). States or Canada using PAN precursor does not exceed the value of the product (d) The offered price of end products listed produced in the United States or Canada. itself. and certified under paragraphs (c)(2)(i) and (c) The Contracting Officer may waive the (6) ‘‘NAFTA country end product’’ means (vi) of the Buy American Act—Trade requirement in paragraph (b) of this clause in an article that— Agreements—Balance of Payments Program whole or in part. The Contractor may request (i) Is wholly the growth, product, or Certificate provision of the solicitation must a waiver from the Contracting Officer by manufacture of the NAFTA country; or include all applicable duty. The offered price identifying the circumstances and including (ii) In the case of an article that consists in of qualifying country end products, a plan to qualify U.S. or Canadian sources whole or in part of materials from another designated country end products, NAFTA expeditiously. country or instrumentality, has been country end products, and Caribbean Basin (End of clause) substantially transformed in a NAFTA country end products for line items subject country into a new and different article of to the Trade Agreements Act, or the North 104. Section 252.225–7025 is revised commerce with a name, character, or use American Free Trade Agreement to read as follows: distinct from that of the article or articles Implementation Act, should not include custom fees or duty. § 252.225±7025 Restriction on acquisition from which it was so transformed. The term of forgings. refers to a product offered for purchase under (End of clause) a supply contract, but for purposes of As prescribed in 225.7102–4, use the Alternate I (June. 1997). As prescribed in following clause: calculating the value of the end product 225.408(a)(2), delete Singapore from the list includes services (except transportation of designated countries in paragraph (a)(4) of RESTRICTION ON ACQUISITION OF services) incidental to its supply, provided the basic clause. FORGINGS (JUNE 1997) that the value of those incidental services (a) Definitions. As used in this clause— does not exceed the value of the product 102. Section 252.225–7016 is amended by revising the clause date to (1) ‘‘Domestic manufacture’’ means itself. manufactured in the United States or Canada (7) ‘‘Nondesignated country end product’’ read ‘‘(JUN 1997)’’; and by revising if the Canadian firm— means any end product that is not a U.S. paragraphs (b) and (c) to read as follows: (i) Normally produces similar items or is made end product or a designated country currently producing the item in support of § 252.225±7016 Restriction on acquisition end product. DoD contracts (as prime or subcontractor); of ball and roller bearings. (8) ‘‘North American Free Trade Agreement and (NAFTA) country’’ means Canada or Mexico. * * * * * (ii) Agrees to become (upon receiving a (9) ‘‘United States’’ means the United (b) The Contractor agrees that, except as contract/order) a planned producer under States, its possessions, Puerto Rico, and any provided in paragraph (c) of this clause, all DoD’s Industrial Preparedness Production other place subject to its jurisdiction, but ball and roller bearings and ball and roller Planning Program, if it is not already a does not include leased bases or trust bearing components (including miniature planned producer for the item. territories. and instrument ball bearings) delivered (2) ‘‘Forging items’’ means— (10) ‘‘U.S. made end product’’ means an under this contract, either as end items or article that— components of end items, shall be wholly Items Categories (i) Is wholly the growth, product, or manufactured in the United Stats or Canada. manufacture of the United States; or Unless otherwise specified, raw materials, Ship propulsion shafts Excludes service and (ii) In the case of an article that consists in such as performed bar, tube, or rod stock and landing craft shafts. whole or in part of materials from another lubricants, need not be mined or produced in Periscope tubes ...... All. country or instrumentality, has been the United States or Canada. Ring forgings for bull All greater than 120 substantially transformed in the United (c)(1) The restriction in paragraph (b) of gears. inches in diameter. States into a new and different article of this clause does not apply to the extent that— commerce with a name, character, or use (i) The end items or components (b) The Contractor agrees that end items distinct from that of the article or articles containing ball or roller bearings are and their components delivered under this from which it was so transformed. commercial items; or contract shall contain forging items that are (b) Unless otherwise specified, the Trade (ii) The ball or roller bearings are of domestic manufacture only. Agreements Act of 1979 (19 U.S.C. 2501 et commercial items manufactured in a (c) The restriction in paragraph (b) of this seq.), the North American Free Trade qualifying country listed in subsection clause may be waived upon request from the Agreement Implementation Act of 1993 (19 225.872–1 of the Defense Federal Acquisition Contractor in accordance with subsection U.S.C. 3301 note), and the Caribbean Basin Regulation Supplement. 225.7102–3 of the Defense Federal Initiative apply to all items in the Schedule. (2) The commercial item exception in Acquisition Regulation Supplement. (c)(1) The Contractor agrees to deliver paragraph (c)(1) of this clause does not (d) The Contractor agrees to retain records under this contract only domestic end include items designed or developed under showing compliance with this restriction products unless, in its offer, it specified a Government contract or contracts where the until 3 years after final payment and to make delivery of U.S. made, qualifying country, end item is bearings and bearing records available upon request of the designated country, Caribbean Basin country, components. Contracting Officer. NAFTA country, or other nondesignated * * * * * (e) The Contractor agrees to insert this country end products in the Buy American 103. Section 252.225–7022 is revised clause, including this paragraph (e), in Act—Trade Agreements—Balance of to read as follows: subcontracts and purchase orders issued in Payments Program Certificate provision of performance of this contract, when products the solicitation. § 252.225±7022 Restriction on acquisition purchased contain restricted forging items. (2) The Contractor may not supply a of polyacrylonitrile (PAN) carbon fiber. (End of clause) nondesignated country end product unless— As prescribed in 225.7103–3, use the 105. Section 252.225–7029 is revised (i) It is a qualifying country end product, following clause: a Caribbean Basin country end product, or a to read as follows: NAFTA country end product; RESTRICTION ON ACQUISITION OF (ii) The Contracting Officer has determined POLYACRYLONITRILE (PAN) CARBON § 252.225±7029 Preference for United that offers of U.S. made end products or FIBER (JUNE 1997) States or Canadian air circuit breakers. qualifying, designated, NAFTA, or Caribbean (a) This clause applies only if the end As prescribed in 225.7016–4, use the Basin country end products from responsive, product furnished under this contract following clause: 34132 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations

PREFERENCE FOR UNITED STATES OR CORRESPONDENCE IN ENGLISH (JUNE COMPLIANCE WITH SPANISH LAWS AND CANADIAN AIR CIRCUIT BREAKERS (JUNE 1997) INSURANCE (JUNE 1997) 1997) The Contractor shall ensure that all (a) The Contractor shall, without additional (a) Unless otherwise specified in this offer, contract correspondence that is addressed to expense to the United States Government, the Contractor agrees that air circuit breakers the United States Government is submitted in comply with all applicable Spanish for naval vessels provided under this contract English or with an English translation. Government laws pertaining to sanitation, shall be manufactured in the United States or (End of clause) traffic, security, employment of labor, and all a qualifying country listed in subsection other laws relevant to the performance of this 225.872–1 of the Defense Federal Acquisition § 252.225±7042 Authorization to perform. contract. The Contractor shall hold the Regulation Supplement (DFARS). As prescribed in 225.97, use the United States Government harmless and free (b) Unless an exception applies or a waiver following clause: from any liability resulting from the is granted under 225.7005(b)(1) of the Contractor’s failure to comply with such AUTHORIZATION TO PERFORM (JUNE DFARS, preference will be given to air circuit laws. 1997) breakers manufactured in the United States (b) The contractor shall, at its own or Canada by adding 50 percent for The Contractor represents that it has been expense, provide and maintain during the evaluation purposes to the offered price of all duly authorized to operate and to do business entire performance of this contract, all other air circuit breakers, except air circuit in the country or countries in which this workmen’s compensation, employees’ breakers manufactured in a qualifying contract is to be performed. The Contractor liability, bodily injury insurance, and other country. also represents that it will fully comply with required insurance adequate to cover the risk all laws, decrees, labor standards, and assumed by the Contractor. The Contractor (End of clause) regulations of such country or countries, shall indemnify and hold harmless the during the performance of this contract. § 252.225±7034 [Removed and reserved] United States Government from liability (End of clause) resulting from all claims for damages as a 106. Section 252.225–7034 is removed result of death or injury to personnel or and reserved. § 252.227±7030 [Amended] damage to real or personal property related 109. Section 252.227–7030 is to the performance of this contract. § 252.225±7040 [Added and reserved] amended in the introductory text by (c) The Contractor agrees to represent in removing the reference ‘‘227.7103– writing to the Contracting Officer, prior to 107. Section 252.225–7040 is add and commencement of work and not later than 15 reserved. 6(f)(2)’’ and inserting in its place the days after the date of the Notice to Proceed, reference ‘‘227.7103–6(e)(2)’’. that the Contractor has obtained the required 108. Sections 252.225–7041 and 252– 110. Section 252.228–7006 is added to 225–7042 are added to read as follows: types of insurance in the following minimum read as follows: amounts. The representation also shall state that the Contractor will promptly notify the § 252.225±7041 Correspondence in § 252.8±7006 Compliance with Spanish English. Contracting Officer of any notice of laws and insurance. cancellation of insurance or material change As prescribed in 225.971, use the As prescribed at 228.370(f), use the in insurance coverage that could affect the following clause: following clause: United States Government’s interests.

Coverage Coverage Property Type of insurance per person per accident damage

Comprehensive General Liability ...... $300,000 $1,000,000 $100,000

(d) The Contractor shall provide the (5) Not contain any provisions requiring States Government and the Contractor’s Contracting Officer with a similar submission to any type of arbitration. government. The following taxes or duties representation for all subcontractors that will (End of clause) have been excluded from the contract price: perform work under this contract. 111. Sections 252.229–7000 through NAME OF TAX: (Offeror Insert) RATE (e) Insurance policies required herein shall (PERCENTAGE): (Offeror Insert) be purchased from Spanish insurance 252.229–7010 are added to read as (b) The Contractor’s invoice shall list companies or other insurance companies follows: separately the gross price, amount of tax legally authorized to conduct business in § 252.229±7000 Invoices exclusive of taxes deducted, and net price charged. Spain. Such policies shall conform to or duties. (c) When items manufactured to United Spanish laws and regulations and shall— States Government specifications are being (1) Contain provisions requiring As prescribed in 229.402–1, use the following clause: acquired, the Contractor shall identify the submission to Spanish law and jurisdiction materials or components intended to be of any problem that may arise with regard to INVOICES EXCLUSIVE OF TAXES OR imported in order to ensure that relief from the interpretation or application of the DUTIES (JUNE 1997) import duties is obtained. If the Contractor clauses and conditions of the insurance Invoices submitted in accordance with the intends to use imported products from policy; terms and conditions of this contract shall be inventories on hand, the price of which (2) Contain a provision authorizing the exclusive of all taxes or duties for which includes a factor for import duties, the insurance company, as subrogee of the relief is available. Contractor shall ensure the United States insured entity, to assume and attend to (End of clause) Government’s exemption from these taxes. directly, with respect to any person damaged, The Contractor may obtain a refund of the the legal consequences arising from the § 252.229±7001 Tax relief. import duties from its government or request occurrence of such damages; As prescribed in 229.402–70(a), use the duty-free import of an amount of supplies or components corresponding to that used (3) Contain a provision worded as follows: the following clause: ‘‘The insurance company waives any right of from inventory for this contract. TAX RELIEF (JUNE 1997) subrogation against the United States of (End of clause) America that may arise by reason of any (a) Prices set forth in this contract are payment under this policy.’’; exclusive of all taxes and duties from which ALTERNATE I (JUNE 1997) (4) Not contain any deductible amount or the United States Government is exempt by As prescribed in 229.402–70(a), add the similar limitation; and virtue of tax agreements between the United following paragraph (d) to the basic clause: Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations 34133

(d) Tax relief will be claimed in Germany (2) Imposta di Consumo (Consumption Tax not excuse untimely performance (except as pursuant to the provisions of the Agreement for Electrical Power). expressly allowed in other provisions of this Between the United States of America and (3) Dazi Doganali (Customs Duties). contract), constitute a direct or constructive Germany Concerning Tax Relief to be (4) Tassa di Sbarco e d’Imbarco sulle Merci change, or otherwise provide a basis for Accorded by Germany to United States Transportate per Via Aerea e per Via additional compensation or adjustment of Expenditures in the Interest of Common Maritima (Port Fees). any kind. Defense. The Contractor shall use (5) Tassa de Circolazione sui Veicoli (d) To ensure that all duty-free imports are Abwicklungsschein fuer abgabenbeguenstigte (Vehicle Circulation Tax). properly accounted for, exported, or disposed Lieferungen/Leistungen nach dem Offshore (6) Imposta di Registro (Registration Tax). of, in accordance with Spanish law, the Steuerabkommen (Performance Certificate for (7) Imposta di Bollo (Stamp Tax). Contractor shall obtain a written bank letter Tax-Free Deliveries/Performance according (d) The Contractor’s administrative of guaranty payable to the Treasurer of the to the Offshore Tax Relief Agreement) or procedures for claiming and validating the United States, or such other authority as may other documentary evidence acceptable to exemptions are as follows: be designated by the Contracting Officer, in the German tax authorities. All purchases (1) Contract offer price shall reflect IVA or the amount set forth in paragraph (g) of this made and paid for on a tax-free basis during any other tax or duty. clause, prior to effecting any duty-free a 30-day period may be accumulated, totaled, (2) Contract number must be set forth on imports for the performance of this contract. and reported as tax-free. Contractor invoices, which should state the (e) If the Contractor fails to obtain the exemptions claimed pursuant to Article 72 of required guaranty, the Contractor agrees that § 252.229±7002 Customs exemptions Decree Law 633, dated October 26, 1972, for the Contracting Officer may withhold a (Germany). IVA exemption. portion of the contract payments in order to As prescribed in 229.402–70(b), use (3) Fiscal code for appropriated funds establish a fund in the amount set forth in the following clause: payments by Aviano Air Base is: paragraph (g) of this clause. The fund shall CUSTOMS EXEMPTIONS (GERMANY) 91000190933. be used for the payment of import taxes in (JUNE 1997) (4) Questions may be addressed to the the event that the Contractor fails to properly Ministry of Finance, 11th District, Rome (06) account for, export, or dispose of equipment, Imported products required for the direct 5910982. materials, or supplies imported on a duty- benefit of the United States Forces are (End of clause) free basis. authorized to be acquired duty-free by the (f) The amount of the bank letter of Contractor in accordance with the provisions § 252.229±7004 Status of contractors as a guaranty or size of the fund required under of the Agreement Between the United States direct contractor (Spain). paragraph (d) or (e) of this clause normally of America and Germany Concerning Tax shall be 5 percent of the contract value. Relief to be Accorded by Germany to United As prescribed in 229.402–70(d), use the following clause: However, if the Contractor demonstrates to States Expenditures in the Interest of the Contracting Officer’s satisfaction that the Common Defense. Status of Contractor as a Director Contract amount retained by the United States (End of clause) (Spain) (June 1997) Government or guaranteed by the bank is excessive, the amount shall be reduced to an § 252.229±7003 Tax exemptions (Italy). (a) ‘‘Direct Contractor,’’ as used in this clause, means an individual, company, or amount commensurate with contingent As prescribed in 229.402–70(c), use entity with whom an agency of the United import tax and duty-free liability. This bank the following clause: States Department of Defense has executed a guaranty or fund shall not be released to the TAX EXEMPTIONS (ITALY) (JUNE 1997) written agreement that allows duty-free Contractor until the Spanish General import of equipment, materials, and supplies Directorate of Customs verifies the (a) The Contractor represents that the into Spain for the construction, development, accounting, export, or disposition of the contract prices, including the prices in equipment, material, or supplies imported on subcontracts awarded hereunder, do not maintenance, and operation of Spanish- a duty-free basis. include taxes from which the United States American installations and facilities. (g) The amount required under paragraph Government is exempt. (b) The Contractor is hereby designated as (d), (e), or (f) of this clause is (Contracting (b) The United States Government is a Direct Contractor under the provisions of Officer insert amount at time of contract exempt from payment of Imposta Valore Complementary Agreement 5, articles 11, 14, Aggiunto (IVA) tax in accordance with 15, 17, and 18 of the Agreement on award). Article 72 of the IVA implementing decree on Friendship, Defense and Cooperation (h) The Contractor agrees to insert the all supplies and services sold to United between the United States Government and provisions of this clause, including this States Military Commands in Italy. the Kingdom of Spain, dated July 2, 1982. paragraph (h), in all subcontracts. (1) Upon receipt of the invoice, the paying The Agreement relates to contacts to be (End of clause) office will stamp the following statement on performed in whole or part in Spain, the one copy of the invoice: provisions of which are hereby incorporated § 252.229±7005 Tax exemptions (Spain). ‘‘I certify that this invoice is true and into and made a part of this contract by As prescribed in 229.402–70(e), use correct and reflects expenditures made in reference. the following clause: Italy for the Common Defense by the United (c) The Contractor shall apply to the Tax Exemptions (Spain) (June 1997) States Government pursuant to international appropriate Spanish authorities for approval agreements. The amount to be paid does not of status as a Direct Contractor in order to (a) The Contractor represents that the include the IVA tax, because this transaction complete duty-free import of non-Spanish contract prices, including subcontract prices, is not subject to the tax in accordance with equipment, materials, and supplies do not include the taxes identified herein, or Article 72 of Decree Law 633, dated October represented as necessary for contract any other taxes from which the United States 26, 1972.’’ performance by the Contracting Officer. Government is exempt. (2) This certified copy, signed by an Orders for equipment, materials, and (b) In accordance with tax relief authorized Government official, will be supplies placed prior to official notification agreements between the United States returned together with payment to the of such approval shall be at the Contractor’s Government and the Spanish Government, Contractor. The payment will not include the own risk. The Contractor must submit its and because the incumbent contract arises amount of IVA tax. documentation in sufficient time to permit from the activities of the United States Forces (3) The Contractor must retain this copy of processing by the appropriate United States in Spain, the contract will be exempt from the invoice with the representation to and Spanish Government agencies prior to the following excise, luxury, and transaction substantiate non-payment of the IVA tax. the arrival of the equipment, material, or taxes: (c) In addition to the IVA tax, purchases by supplies in Spain. Seasonal variations in (1) Derechos de Aduana (Customs Duties). the United States Forces in Italy are exempt processing times are common, and the (2) Impuesto de Compensacion a la from the following taxes: Contractor should program its projects Importacion (Compensation Tax on Imports). (1) Imposta di Fabbricazione (Production accordingly. Any delay or expense arising (3) Transmissiones Patrionomiales Tax for Petroleum Products). directly or indirectly from this process shall (Property Transfer Tax). 34134 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations

(4) Impuesto Sobre el Lujo (Luxury Tax). amount of import duty paid. The Contractor (b) Specific information should be (5) Actos Juridocos Documentados (Legal is advised to contact Her Majesty’s (HM) included in the request for tax relief, such as Official Transactions). Customs and Excise to obtain a refund upon the number of vehicles involved, types of (6) Impuesto Sobre el Trafico de Empresas completion of the contract (Reference HM vehicles, rating of vehicles, fuel (Business Trade Tax). Customs and Excise Notice No. 431, February consumption, estimated mileage per contract (7) Impuestos Especiales de Fabricacion 1973, entitled ‘‘Relief from Customs Duty period, and any other information that will (Special Products Tax). and/or Value Added Tax on United States assist HM Customs and Excise in (8) Impuesto Sobre el Petroleo y Derivados Government Expenditures in the United determining the amount of relief to be (Tax on Petroleum and its By-Products). Kingdom’’). granted. (9) Impuesto Sobre el Uso de Telefona (End of clause) (c) Within 30 days after the award of this (Telephone Tax). contract, the Contractor shall provide the (10) Impuesto General Sobre la Renta de § 252.229±7009 Relief from customs duty Contracting Officer with evidence that an Sociedades y demas Entidades Juridicas and value added tax on fuel (passenger attempt to obtain such relief has been (General Corporation Income Tax). vehicles) (United Kingdom). initiated. In the event the Contractor does not (11) Impuesto Industrial (Industrial Tax). attempt to obtain relief within the time (12) Impuesto de Rentas Sobre el Capital As prescribed in 229.402–70(i), use specified, the Contracting Officer may deduct (Capital Gains Tax). the following clause: from the contract price the amount of relief (13) Plus Vailia (Increase on Real Property). RELIEF FROM CUSTOMS DUTY AND that would have been allowed if HM Customs (14) Contribucion Territorial Urbana VALUE ADDED TAX ON FUEL and Excise had favorably considered the (Metropolitan Real Estate Tax). (PASSENGER VEHICLES) (UNITED request for relief. (15) Contribucion Territorial Rustica y KINGDOM) (JUNE 1997) (d) The amount of any rebate granted by Pecuaria (Farmland Real Estate Tax). HM Customs and Excise shall be paid in full (16) Impuestos de la Diputacion (County (a) Pursuant to an agreement between the to the United States Government. Checks Service Charges). United States Government and Her Majesty’s shall be made payable to the Treasurer of the (17) Impuestos Municipal y Tasas (HM) Customs and Excise, fuels and United States and forwarded to the Parafiscales (Municipal Tax and Charges). lubricants used by passenger vehicles (except Administrative Contracting Officer. taxis) in the performance of this contract will (End of clause) be exempt from customs duty and value (End of clause) 112. Section 252.232–7008 is added to § 252.229±7006 Value added tax exclusion added tax. Therefore, the procedures (United Kingdom). outlined in HM Customs and Excise Notice read as follows: No. 431B, August 1982, and any amendment As prescribed in 229.402–70(f), use thereto, shall be used to obtain relief from § 252.232±7008 Assignment of claims the following clause: both customs duty and value added tax for (overseas). VALUE ADDED TAX EXCLUSION (UNITED fuel used under the contract. These As prescribed in 232.806(a)(1), use the KINGDOM) (JUNE 1997) procedures shall apply to both loaded and following clause: unloaded miles. The unit prices shall be The supplies or services identified in this ASSIGNMENT OF CLAIMS (OVERSEAS) based on the recoupment by the Contractor contract are to be delivered at a price (JUNE 1997) of customs duty in accordance with the exclusive of value added tax under (a) No claims for monies due, or to become arrangements between the appropriate following allowances: (1) Vehicles (except taxis) with a seating due, shall be assigned by the Contractor United States authorities and Her Majesty’s unless— Customs and Excise (Reference Priv 46/7). By capacity of less than 29, one gallon for every 27 miles. (1) Approved in writing by the Contracting executing this contract, the Contracting Officer; Officer certifies that these supplies or (2) Vehicles with a seating capacity of 29– 53, one gallon for every 13 miles. (2) Made in accordance with the laws and services are being purchased for United regulations of the United States of America; States Government official purposes only. (3) Vehicles with a seating capacity of 54 or more, one gallon for every 10 miles. and (End of clause) (b) In the event the mileage of any route (3) Permitted by the laws and regulations is increased or decreased within 10 percent, of the Contractor’s country. § 252.229±7007 Verification of United (b) In no event shall copies of this contract States receipt of goods. resulting in no change in route price, the customs duty shall be reclaimed from HM of any plans, specifications, or other similar As prescribed in 229.402–70(g), use Customs and Excise on actual mileage documents relating to work under this the following clause: performed. contract, if marked ‘‘Top Secret,’’ ‘‘Secret,’’ or ‘‘Confidential’’ be furnished to any assignee VERIFICATION OF UNITED STATES (End of clause) of any claim arising under this contract or to RECEIPT OF GOODS (JUNE 1997) any other person not entitled to receive such § 252.229±7010 Relief from customs duty The Contractor shall insert the following documents. However, a copy of any part or on fuel (United Kingdom). statement on all Material Inspection and all of this contract so marked may be Receiving Reports (DD Form 250 series) for As prescribed in 229.402–70(j), use furnished, or any information contained Contracting Officer approval: ‘‘I certify that the following clause: herein may be disclosed, to such assignee the items listed on this invoice have been upon the Contracting Officer’s prior written RELIEF FROM CUSTOMS DUTY ON FUEL received by the United States.’’ authorization. (UNITED KINGDOM) (JUNE 1997) (End of clause) (c) Any assignment under this contract (a) Pursuant to an agreement between the shall cover all amounts payable under this § 252.229±7008 Relief from import duty United States Government and Her Majesty’s contract and not already paid, and shall not (United Kingdom). (HM) Customs and Excise, it is possible to be made to more than one party, except that As prescribed in 229.402–70(h), use obtain relief from customs duty on fuels and any such assignment may be made to one the following clause: lubricants used in support of certain party as agent or trustee for two or more contracts. If vehicle fuels and lubricants are parties participating in such financing. On RELIEF FROM IMPORT DUTY (UNITED used in support of this contract, the each invoice or voucher submitted for KINGDOM) (JUNE 1997) Contractor shall seek relief from customs payment under this contract to which any Any import dutiable articles, components, duty in accordance with HM Customs Notice assignment applies, and for which direct or raw materials supplied to the United No. 431, February 1973, entitled ‘‘Relief from payment thereof is to be made to an assignee, States Government under this contract shall Customs Duty and/or Value Added Tax on the Contractor shall— be exclusive of any United Kingdom import United States Government Expenditures in (1) Identify the assignee by name and duties. Any imported items supplied for the United Kingdom.’’ Application should be complete address; and which import duty already has been paid sent to the Contractor’s local Customs and (2) Acknowledge the validity of the will be supplied at a price exclusive of the Excise Office. assignment and the right of the named Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations 34135 assignee to receive payment in the amount Information System (MAIS) Acquisition (2) Require all warranties to be executed in invoiced or vouchered. Programs’’. writing, for the benefit of the Government, if (End of clause) directed by the Contracting Officer; and § 252.242±7006 [Amended] (3) Enforce all warranties for the benefit of § 252.233±7000 [Added and reserved] 120. Section 252.242–7006 is the Government as directed by the 113. Section 252.233–7000 is added Contracting Officer. amended in paragraph (b) by removing (h) In the event the Contractor’s warranty and reserved. the phrase ‘‘Mandatory Procedures for under paragraph (b) of this clause has 114. Section 252.233–7001 is added to Major Defense Acquisition Programs expired, the Government may bring suit at its read as follows: and Major Automated Information expense to enforce a subcontractor’s, manufacturer’s, or supplier’s warranty. § 252.233±7001 Choice of law (overseas). Systems’’ and inserting in its place the phrase ‘‘Mandatory Procedures for (i) Unless a defect is caused by the As prescribed in 233.215–70, use the Major Defense Acquisition Programs Contractor’s negligence, or the negligence of following clause: a subcontractor or supplier at any tier, the (MDAPs) and Major Automated CHOICE OF LAW (OVERSEAS) (JUNE 1997) Contractor shall not be liable for the repair Information System (MAIS) Acquisition of any defects of material or design furnished This contract shall be construed and Programs’’. by the Government or for the repair of any interpreted in accordance with the 121. Section 252.246–7002 is added to damage resulting from any defeat in substantive laws of the United States of read as follows: Government-furnished material or design. America. By the execution of this contract, (j) This warranty shall not limit the the Contractor expressly agrees to waive any § 252.246±7002 Warranty of construction Government’s right under the Inspection rights to invoke the jurisdiction of local (Germany). clause of this contract, with respect to latent national courts where this contract is defects, gross mistakes, or fraud. performed and agrees to accept the exclusive As prescribed in 246.710(4), use the (End of clause) jurisdiction of the United States Armed following clause: Services Board of Contract Appeals and the WARRANTY OF CONSTRUCTION PART 253ÐFORMS United States Court of Federal Claims for (GERMANY) (JUNE 1997) hearing and determination of any and all (a) In addition to any other representations 122. Section 253.204–70 is amended disputes that may arise under the Disputes in this contract, the Contractor warrants, by revising the heading of paragraph clause of this contract. except as provided in paragraph (j) of this (b)(2); the introductory text of paragraph (End of clause) clause, that the work performed under this (b)(13)(i)(E); paragraph (B)(13)(i)(F); contract conforms to the contract paragraph (B)(13)(iv)(C); paragraph § 252.234±7000 [Amended] requirements and is free of any defect of (c)(2); paragraph (c)(4)(iv)(A); paragraph 115. Section 252.234–7000 is equipment, material, or design furnished or (c)(4)(viii)(B)(8)(1); paragraph (d)(5)(i)(J); amended in paragraph (a) by removing workmanship performed by the Contractor or paragraph (d)(5)(ii)(B); paragraph the phrase ‘‘Mandatory Procedures for any subcontractor or supplier at any tier. (d)(5)(iv)(E)(l); and paragraph (b) This warranty shall continue for the Major Defense Acquisition Programs (d)(5)(x)(B)(14) to read as follows: and Major Automated Information period(s) specified in Section 13, VOB, Part Systems’’ and inserting in its place the B, commencing from the date of final § 253.204±70 DD Form 350, Individual acceptance of the work under this contract. Contracting Action Report. phrase ‘‘Mandatory Procedures for If the Government takes possession of any Major Defense Acquisition Programs part of the work before final acceptance, this * * * * * (MDAPs) and Major Automated warranty shall continue for the period(s) (b) * * * Information System (MAIS) Acquisition specified in Section 13, VOB, Part B, from the (2) Block B2, Modification, Order or Programs’’. date the Government takes possession. Other ID Number.* ** (c) The Contractor shall remedy, at the * * * * * § 252.234±7001 [Amended] Contractor’s expense, any failure to conform (13) * * * 116. Section 252.234–7001 is or any defect. In addition, the Contractor (i) * * * amended in paragraph (a) by removing shall remedy, at the Contractor’s expense, (E) Code 6—Order/Call under Federal the phrase ‘‘Mandatory Procedures for any damage to Government-owned or Schedule. Enter code 6 if the contracting Major Defense Acquisition Programs -controlled read or personal property when action is a blanket purchase agreement and Major Automated Information that damage is the result of— (1) The Contractor’s failure to conform to call established with a Federal schedule Systems (MAIS) Acquisition Programs’’. contract requirements; or contractor pursuant to FAR 13.202(c)(3), or an order under a— § 252.243±7002 [Removed and reserved] (2) Any defect of equipment, material, or design furnished or workmanship performed. * * * * * 117. Section 252.242–7002 is removed (d) The Contractor shall restore any work (F) Code 8—Order from Procurement and reserved. damaged in fulfilling the terms and List. Enter code 8 if the contracting conditions of this clause. § 252.242±7003 [Amended] action is an action placed with Federal (e) The Contracting Officer shall notify the Prison Industries (UNICOR) or a JWOD 118. Section 252.242–7003 is Contractor, in writing, within a reasonable amended in the introductory test by period of time after the discovery of any Participating Nonprofit Agency in revising the reference ‘‘252.1404–2– failure, defect, or damage. accordance with FAR subpart 8.6 or 8.7. 70(b)’’ to read ‘‘242.1404–2–70’’. (f) If the Contractor fails to remedy any When the contracting action is a failure, defect, or damage within a reasonable modification to an action described in § 252.242±7005 [Amended] period of time after receipt of notice, the code 8 instructions, enter code 8 in 119. Section 252.242–7005 is Government shall have the right to replace, B13A. amended in paragraph (c) by removing repair, or otherwise remedy the failure, * * * * * the phrase ‘‘Mandatory Procedures for defect, or damage at the Contractor’s expense. (iv) * * * Major Defense Acquisition Programs (g) With respect to all warranties, express (C) Code C—Funding Action. Enter or implied, from subcontractors, and Major Automated Information manufacturers, or suppliers for work code C when the contracting action is a Systems’’ and inserting in its place the performed and materials furnished under this modification (to a letter or other phrase ‘‘Mandatory Procedures for contract, the Contractor shall— contract) for the sole purpose of Major Defense Acquisition Programs (1) Obtain all warranties that would be obligating or deobligating funds. This (MDAPs) and Major Automated given in normal commercial practice; includes— 34136 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations

(1) Incremental funding (other than (i) Block D4B is coded C, D, or E; or character call/order serial numbers is: Office incremental yearly buys under (ii) Block D4C is coded B or C. of the Assistant Secretary of the Navy multiyear contracts, which are coded B); Otherwise, leave blank. (RD&A), Room 536, Crystal Plaza 5, Washington, DC 20350–1000. (2) Changes to the estimated cost on * * * * * cost-reimbursement contracts; (x) * * * 126. Appendix G to Chapter 2 is (3) Repricing actions covering (B) * * * amended in Part 1, Section G–102, by incentive price revisions; (14) Code U—Over $17,000,000. revising paragraph (b)(2) to read as (4) Economic price adjustments; and * * * * * follows: (5) Initial citation and obligation of 123. Section 253.204–71 is amended G–102 Activity Address Number Data funds for a contract awarded in one by revising the last sentence of Base Maintenance fiscal year but not effective until a paragraph (c)(1) and paragraph subsequent fiscal year. (d)(6)(i)(B) to read as follows: * * * * * * * * * * *** (2) Notify the executive editor, Defense (c) * * § 253.204±71 DD Form 1057, monthly contracting summary of actions $25,000 or Acquisition Regulations System, (2) Do not complete Part C if the less. OUSD(A&T)DP(DAR), 3062 Defense contracting action is an action with a * * * * * Pentagon, Washington, DC 20301–3062; and government agency, i.e., Block B5B * * * * * (Government Agency) is coded Y (Yes). (c) * * * (1) * * * For example, enter January 127. Appendix G to Chapter 2 is * * * * * 31, 2003, as 20030131. amended by revising Parts 2, 7, 8, 9, 10, (4) * * * 11, 12, 13, and 14 to read as follows: (iv) * * * * * * * * (A) Code Y—Yes—Positive Response (d) * * * PART 2ÐARMY ACTIVITY ADDRESS (6) * * * to 252.247–7022 or 252.212–7000(c)(2). NUMBERS (i) * * * Enter code Y when the contractor’s (B) Not-for-profit and nonprofit response to the provision at 252.247– DAAA03, B1 Pine Bluff Arsenal, Attn: institutions (defined in FAR 31.701); SMCPB–PO, 10020 Kabrich Circle, Pine 7022, Representation of Extent of * * * * * Bluff, AR 71602–9500 Transportation by Sea, or 252.212– DAAA08, B7 Rock Island Arsenal, Attn: 7000(c)(2), Offeror Representations and 124. The note at the end of Part 253 is amended to remove the entry SMCRI–CT, Rock Island, IL 61299–5000 Certifications—Commercial Items, DAAA09, BA U.S. Army Armament, indicates that the contractor anticipates ‘‘253.303–1851 Automation Equipment Munitions, and Chemical Command, Attn: that some of the supplies being Requirement’’. AMSIO–ACS, Rock Island, IL 61299–6000 provided may be transported by sea. Appendix G to Chapter 2—[Amended] DAAA22, BV Watervliet Arsenal, Attn: SIOWV–PPA, Watervliet, NY 12189–4050 * * * * * 125. Appendix G to Chapter 2 is DAAA31, GJ McAlester Army Ammunition (viii) * * * amended in Part 1, Section G–101, by Plant, Attn: SMCMC–PC, McAlester, OK (B) * * * revising paragraph (c) to read as follows: 74501–5000 (8) *** DAAA32, 0P Crane Army Ammunition (i) Set-aside for small business G–101 Assignment and Use of a Activity, Attn: SMCCN–CT, 300 Highway concerns (see FAR 6.203) including Number 361, Crane, IN 47522–5099 small business innovation research * * * * * DAAB07, BG USA Communications- (SBIR) actions and awards to qualified (c) Activity address monitors are— Electronics Command, C3I Acquisition nonprofit agencies employing people Center, Attn: AMSEL–ACSP–BM, Fort Army Monmouth, NJ 07703–5008 who are blind or severely disabled Department of the Army, Attn: OSA(RDA)- DAAB08, 2V USA Communications- which were participating in a set-aside Electronics Command, C3I Acquisition for small business concerns (see FAR PA, 5109 Leesburg Pike, Suite 916, Falls Church, VA 22041–3201 Center, Attn: AMSEL–ACSB–C (Facility 19.501(h)). ADP Branch), Fort Monmouth, NJ 07703– * * * * * Navy * 5008 (d) * * * Navy Accounting and Finance Center DAAB10, ZP USA CECOM C3I Acquisition (5) * * * (NAFC–5511), Washington, DC 20376– Center, Attn: AMSEL–ACVF–A–AA (Stop 5001 42), Building 160, Warrenton, VA 22186– (i) * * * 5172 (J) Code Z—Other Nonprofit. Enter Marine Corps * DAAB11, D0 USA CECOM C3I Acquisition code Z if the contractor is a nonprofit Headquarters, U.S. Marine Corps (Code LBP), Center, Attn: AMSEL–AC–VHA–HB Base institution (defined in FAR 31.701) Washington, DC 20380–0001 OPS (Stop 42), Warrenton, VA 22186–5172 which does not meet any of the criteria DAAB22, E7 Headquarters, 5th Signal in codes D, F, U, or V, and the place of Air Force Command, DCSLOG, Contract Management performance is within the United States SAF/AQCO, 1060 Air Force Pentagon, Division, Attn: ASQE–LG–C, CMR 421, and outlying areas. Washington, DC 20330–1060 APO AE 09056–3104 DAAB23, E8 1st Signal Brigade, Unit Defense Logistics Agency * * * * * #15271, Attn: ASQK–L–CO, APO AP (ii) * * * Defense Logistics Agency, Acquisition 96205–0044 (B) Code B—SDB Not Solicited. Enter Operations Team, 8725 John J. Kingman DAAB24, Joint Visual Information Activity, code B when there was a known SDB Road Suit 2533, Fort Belvoir, VA 22060– Attn: SAM–OPV–V, 601 North Fairfax source, but it was not solicited. 6221 Street, Rm 334, Alexandria, VA 22314– * * * * * Other Defense Agencies 2007 DAAC01, BH Anniston Army Depot, Attn: (iv) * * * All other Defense agencies will forward SDSAN–DOC, Anniston, AL 36201–5003 (E) BLOCK D4E, PREMIUM requests for Appendix G maintenance to the DAAC02, 9X Lexington Blue Grass Army PERCENT. Department of the Army, OSA(RDA)-PA. Depot, Procurement Office, Attn: SIO–BG– (1) Complete Block D4E if Block B1B * The Navy and Marine Corps Activity PO, 2091 Kingston Highway, Richmond, is coded A and— Address Monitor for assignment of two- KY 40475–5115 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations 34137

DAAC07, ZM Sierra Army Depot, Attn: DAAM01, ZU U.S. Army Chemical and Street, Presidio of Monterey, CA 93944– SDSSI–CONT, Herlong, CA 96113–5009, Biological Defense Command, Attn: 5006 DAAC67, ZN Letterkenny Army Depot, AMSCB–PC, Building E4455, Aberdeen DACA01, DACW01, CK USA Engineer Attn: SDSLE–P, Chambersburg, PA 17201– Proving Ground, MD 21010–5423 District, Mobile, Attn: CESAM–CT, P.O. 4152 DAAM02, B2 Rocky Mountain Arsenal, Box 2288, Mobile, AL 36628–0001 DAAC71, ZS Tobyhanna Army Depot, Attn: Attn: AMXRM–PM, Building 111, DACA03, DACW03, CL USA Engineer SKSTO–K, Tobyhanna, PA 18466–5100 Commerce City, CO 80022–1748 District, Little Rock, Attn: DESWL–CT, DAAC79, D7 Red River Army Depot, Attn: DABT01, F6 U.S. Army Aviation Center, P.O. Box 867, Little Rock, AR 72203–0867 SDSRR–P, Texarkana, TX 75507–5000 Contracting Office, Attn: ATZQ–C, DACA05, DACW05, CM USA Engineer DAAC83, BJ Corpus Christi Army Depot, Building T–00116, Fort Rucker, AL 36362– District, Sacramento, Attn: DESPK–CT, Attn: SDSCC–C, Corpus Christi, TX 78419– 5000 1325 J Street, Sacramento, CA 95814–2922 6170 DABT02, 2A U.S. Army Chemical and DACA07, DACW07, CP USA Engineer DAAC89, BK Tooele Army Depot, Attn: Military Police Centers and Fort McClellan, District, San Francisco, Attn: CESPN–CT, SDSTE–DCBO, Tooele, UT 84074–0839 Attn: ATZN–DOC, Building 241–C, 333 Market Street, San Francisco, CA DAAD01, B5 USA Yuma Proving Ground, Transportation Road, Fort McClellan, AL 94105–2197 Directorate of Contracting, Attn: ATEYP– 36205–5000 DACA09, DACW09, CQ USA Engineer CR, Yuma, AZ 85365–9106 DABT10, 2B U.S. Army Infantry Center and District, Los Angeles, Attn: CESPL–CT, DAAD05, BM USA Aberdeen Proving Fort Benning, Attn: ATZB–KT, Building 6, P.O. Box 2711, Los Angeles, CA 90053– Ground, Support Activity, Attn: STEAP– Meloy Hall, Room 207, Fort Benning, GA 2325 PR/M, Ryan Building, Aberdeen Proving 31905–5000 DACA17, DACW17, CS USA Engineer Ground, MD 21005–5001 DABT11, 2C U.S. Army Signal Center and District, Jacksonville, Attn: CESAJ–CT, DAAD07, BN USA White Sands Missile Fort Gordon, Attn: ATZH–CT, Building P.O. Box 4970, Jacksonville, FL 32232– Range, Directorate of Contracting, Attn: 2102, Fort Gordon, GA 30905–5110 0019 STEWS–PR, White Sands, NM 88002–5201 DABT19, 2D U.S. Army Combined Arms DACA21, DACW21, CV USA Engineer DAAD09, BP USA Dugway Proving Ground, Center and Fort Leavenworth, Attn: ATZL– District, Savannah, Attn: CESAS–CT, P.O. Directorate of Contracting, Attn: STEDP– GCC, 600 Thomas Avenue, Fort Box 889, Savannah, GA 31402–0889 DOC, Dugway, UT 84022–0538 Leavenworth, KS 66027–1389 DACA23, DACW23, CX USA Engineer DAAE07, BR USA Tank-Automotive DABT23, 2E U.S. Army Armor Center and District, Chicago, Attn: CENCR–CT, 111 Command, Attn: AMSTRA–IDAS, Warren, Fort Knox, Attn: ATZK–DC, Building 4022, North Canal Street, Chicago, IL 60606– MI 48397–5000 Fort Knox, KY 40121–5000 7206 DABT31, 2F U.S. Army Engineer Center DAAE20, DG Armament and Chemical DACA25, DACW25, CD USA Engineer and Fort Leonard Wood, Attn: ATZT–DOC, Acquisition and Logistics Activity District, Rock Island, Clock Tower Building 606, P.O. Box 140, Fort Leonard (ACALA), Attn: Acquisition Center, Rock Building, Attn: CENCR–CT, P.O. Box 2004, Wood, MO 65473–0140 Island, IL 61299–6000 Rock Island, IL 61202–2004 DABT39, 2H U.S. Army Field Artillery DAAE30, 2T U.S. Army Armament RD&E DACA27, DACW27, CY USA Engineer Center and fort Sill, Attn: ATZR–Q, Center (ARDEC), Attn: SMCAR–PCM–O, Building 1803, P.O. Box 3501, Fort Sill, OK District, Louisville, Attn: CEORL–CT, P.O. Building 9, Picatinny Arsenal, NJ 07806– 73503–0501 Box 59, Louisville, KY 40201–0059 5000 DABT43, 2J Carlisle Barracks, Attn: ATZE– DACA29, DACW29, CZ USA Engineer DAAG55, YU U.S. Army Research Office DOC–C, 314 Lovell Avenue, Suite 1, District, New Orleans, Attn: CELMN–CT, (ARO), Attn: AMXRO–PR, P.O. Box 12211, Carlisle Barracks, PA 17013–5072 P.O. Box 60267, New Orleans, LA 70160– Research Triangle Park, NC 27709–2211 DABT47, 2K U.S. Army Training Center 0267 DAAG99, ZY USA Program Manager- and Fort Jackson, Attn: ATZK–DOC, DACA31, DACW31, DA USA Engineer SANG, Attn: AMCPM–NGA, Unit 61304, Building 4340, Magruder Street, Fort District, Baltimore, Contracting Division, APO AE 09803–1304 Jackson, SC 29207–5491 Attn: CENAB–CT, P.O. Box 1715, DAAH01, CC USA Missile Command, Attn: DABT51, 2L U.S. Army Air Defense Baltimore, MD 21203–1715 AMSMI–AC, Redstone Arsenal, AL 35898– Artillery Center and Fort Bliss, Attn: DACA33, DACW33, DB USA Engineer 5280 ATZC–DOC, Building 2021, 1733 District, New England, Attn: CENED–CT, DAAH03, D8 USA Missile Command, Attn: Pleasonton Road, Fort Bliss, TX 79916– 424 Trapelo Road, Waltham, MA 02254– AMSMI–AC, Redstone Arsenal, AL 35898– 6816 9149 5280 DABT57, 2N Directorate of Peninsula DACA35, DACW35, DC USA Engineer DAAJ02, D9 Aviation Applied Technology Contracting, Attn: ATZF–DPC, Building District, Detroit, Attn: CENCE–CT, P.O. Directorate, U.S. Army Aviation and Troop 2746, Harrison Loop, Fort Eustis, VA Box 1027, Detroit, MI 48231–1027 Command, Attn: AMSAT–R–TC, Building 23604–5293 DACA37, DACW37, DD USA Engineer 401, Fort Eustis, VA 23604–5577 DABT58, 2P Fort Monroe, Attn: ATZG–C District, St, Paul, Attn: CENCS–CT, 190 DAAJ04, 0V USA Charles Melvin Price #62, Building T–195, Fort Monroe, VA Fifth Street East, St. Paul, MN 55101–1638 Support Center, Attn: SATAS–P, Granite 23651–6000 DACA38, DACW38, DE USA Engineer City, IL 62040–1801 DABT59, 2Q U.S. Army Combined Arms District, Vicksburg, Attn: CELMK–CT, 3515 DAAJ05, ZF USA Aviation and Troop Support Command and Fort Lee, Attn: I–20 Frontage Road, Vicksburg, MS 39180– Command, Attn: IAS21WG, Building 404, ATZM–DOC, 1830 Quartermaster Road, 5191 Fort Eustis, VA 23604–5577 Fort Lee, VA 23801–1606 DACA39, DACW39, DF USA Engineer, DAAJ09, BS USA Aviation and Troop DABT60, 1L TRADOC Contracting Agency, Waterways Experiment Station, Attn: Command, Attn: AMSAT–A–AD, 4300 Attn: ATCA, Building 2798, Fort Eustis, CEWES–CT–Z (Contracting Division), 3909 Goodfellow Boulevard, St. Louis, MO VA 23604–5538 Halls Ferry Road, Vicksburg, MS 39180– 63120–1798 DABT61, BF The Judge Advocate General’s 6199 DAAK01, BB USA Aviation and Troop School, USA, University of Virginia, Attn: DACA41, DACW41, DH USA Engineer Command, Attn: AMSAT–A–AD, 4300 JAGS–SSL–B, 600 Massie Road, District, Kansas City, Attn: CEMRK–CT, Goodfellow Boulevard, St. Louis, MO Charlottesville, VA 22903–1781 601 East 12th Street, Kansas City, MO 63120–1798 DABT63, BL U.S. Army Intelligence Center, 64106–2896 DAAK60, C5 Soldier Systems Command Attn: ATZS–DK, P.O. Box 12748, Fort DACA43, DACW43, DJ USA Engineer Acquisition Center, Attn: SATNC–PP Huachuca, AZ 85670–2748 District, St. Louis, Attn: CELMS–CT, 1222 (Procurement Support Division), Natick, DABT65, B0 Mission Contracting Activity Spruce Street, St. Louis, MO 63103–2833 MA 01760–5011 at Fort Leavenworth, Attn: ATOB–AL, DACA45, DACW45, DK USA Engineer DAAL01, 1Y U.S. Army Research Room 303, 600 Thomas Avenue, Fort District, Omaha, Attn: CEMRO–CT, 215, Laboratory, Attn: AMSRL–OP–PR, 2800 Leavenworth, KS 6602–1389 North 17th Street, Omaha, NE 68102–4978 Powder Mill Road, Adelphi, MD 20783– DABT67, 0Q Commander DLIFLC & POM, DACA47, DACW47, DM USA Engineer 1145 Attn: ATZP–DOC, Building 276, Plummer District, Albuquerque, Attn: CESWA–CT, 34138 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations

P.O. Box 1580, Albuquerque, NM 87103– DACA79, DACW79, 2R USA Engineer Building 62, Fort Lesley J. McNair, 1580 District Japan, Attn: CEPOJ–CT, Unit Washington, DC 20319–5066 DACA49, DACW49, DN USA Engineer 45010, APO AP 96343–0061 DAHA01, 9B USPFO for Alabama, P.O. Box District, Buffalo, Attn: CENCB–CT, DACA81, DACW81 USA Engineer District, 3715, Montgomery, AL 36193–4801 (Contracting Division), 1776 Niagara Street, Far East, APO AP 96205–0610 DAHA02, 0G USPFO for Arizona, 5644 East Buffalo, NY 14207–3199 DACA83, DACW83, ZH USA Engineer Moreland Street, Phoenix, AZ 85008–3442 DACA51, DACW51, CE USA Engineer Division—Pacific Ocean, Attn: CEPOD–CT, DAHA03, 9D USPFO for Arkansas, Camp District, New York, Contracting Division, Building 230, Fort Shafter, HI 96858–5540 Robinson, North Little Rock, AR 72118– Attn: CENAN–CT, 26 Federal Plaza, New DACA85, DACW85, ZJ USA Engineer 2200 York, NY 10028–0090 District, Alaska, P.O. Box 898, Anchorage, DAHA04, 9N USPFO for California, P.O. DACA54, DACW54, DQ USA Engineer AK 99506–0898 Box 8104, San Luis Obispo, CA 93403– District, Wilmington, Attn: CESAW–CT, DACA87, DACW87, ZW USA Engineer 8104 P.O. Box 1890, Wilmington, NC 28402– Division, Huntsville, Attn: CEHND–CT, DAHA05, Z0 USPFO for Colorado, 660 1890 P.O. Box 1600, Huntsville, AL 35807–4301 South Aspen Street, Bldg 1005, Mail Stop DACA88, DACW88, 0S USA Construction DACA56, DACW56, DS USA Engineer 53, Aurora, CO 80011–9511 Engineering Research Laboratory, Attn: District, Tulsa, Attn: CESWT–CT, P.O. Box DAHA06, 1S USPFO for Connecticut, State CECER–CT, P.O. Box 4005, Champaign, IL 61, Tulsa, OK 74121–0061 Armory, Attn: Contracting Officer, 360 61820–1305 Broad Street, Hartford, CT 06105–3795 DACA57, DACW57, DT USA Engineer DACA89, DACW89, 1Z USA Cold Regions District, Portland, Attn: CENPP–CT, P.O. DAHA07, 9A USPFO for Delaware, Grier Research and Engineering Laboratory, Attn: Building, 1161 River Road, New Castle, DE Box 2946, Portland, OR 97208–2946 CECRL–LM–CT, 72 Lyme Road, Hanover, DACA59, DACW59, DV USA Engineer 19720–5199 NH 03755–1290 DAHA08, 2W USPFO for Florida, P.O. Box District, Pittsburgh, Attn: CEORP–CT– DACA90, DACW90 Trans Atlantic Program 1008, St. Augustine, FL 32085–1008 SADBUS, 1000 Liberty Avenue, Pittsburgh, Center—Europe, Attn: CETAE–CT, CMR DAHA09, C0 USPFO for Georgia, P.O. Box PA 15222–4186 410, Box 7, APO AE 09096 17882, Atlanta, GA 30316–0882 DACA60, DACW60, DW USA Engineer DADA03, 8W Fitzsimons Army Medical DAHA10, CU USPFO for Idaho, 4040 W. District, Charleston, Attn: CESAC–CT, P.O. Center, Directorate of Contracting, Attn: Guard Street, Boise, ID 83705–5004 Box 919, Charleston, SC 29402–0919 HSHG–DC, Building 205, 10th Street and DAHA11, 9E USPFO for Illinois, 1301 DACA61, DACW61, CF USA Engineer McCloskey Avenue, Aurora, CO 80045– North McArthur Boulevard, Springfield, IL District, Philadelphia, Attn: CENAP–CT, 5001 62702–2399 Contracting Division, 110 Penn Square DADA08, BT Dwight David Eisenhower DAHA12, 4E USPFO for Indiana, 2002 S. East, Wanamaker Building, Philadelphia, Medical Center, Contracting Office, Attn: Holt Road, Indianapolis, IN 46241–4839 HSAA–D, Building 39706, 40 A Street, Fort PA 19107–3390 DAHA13, 9L USPFO for Iowa, Camp Dodge, Gordon, GA 30905–5650 DACA62, DACW62, DX USA Engineer 7700 NW Beaver Drive, Johnston, IA DADA09, YY William Beaumont Army District, Nashville, Attn: CEORN–CT, P.O. 50131–1902 Medical Center, Attn: HSAA–W, Building Box 1070, Nashville, TN 37202–1070 DAHA14, 4Z USPFO for Kansas, 2737 DACA63, DACW63, DY USA Engineer 7777, Piedras Street, Room 4J18, El Paso, TX 79920–5001 South Kansas Avenue, Topeka, KS 66611– Distrct, Fort Worth, Attn: CESWF–CT, P.O. 1170 Box 17300, Fort Worth, TX 76102–0300, DADA10, ZQ U.S. Army Medical Command, Central Contracting Office, DAHA15, 6P USPFO for Kentucky, Boone Fort Worth, TX 76102–0300 National Guard Center, Frankfort, KY DACA64, DACW64, DZ USA Engineer Attn: HSAA–C, Building 2015, 1105 Beebe Loop, Fort Sam Houston, TX 78234–6000 40601–6192 District, Galveston, Attn: CESWG–CT, P.O. DAHA16, 0A USPFO for Louisiana, Jackson Box 1229, Galveston, TX 77553 DADA13, 0W Madigan Army Medical Center, Contracting Office, Attn: HSAA–M, Barracks, New Orleans, LA 70146–0330 DACA65, DACW65, EA USA Engineer DAHA17, 0B USPFO for Maine, Camp District, Norfolk, Contracting Division, Building 9933–A, Johnson Street, Tacoma, WA 98431–5100 Keys, Augusta, ME 04333–0032 Attn: CENAO–CT, 803 Front Street, DAHA18, 0C USPFO for Maryland, State Norfolk, VA 23510–1096 DADA15, 0X Walter Reed Army Medical Center, Directorate of Contracting, Attn: Mil Reservation, 301 Old Bay Lane, Havre DACA66, DACW66, EB USA Engineer de Grace, MD 21078–4094 District, Memphis, Attn: CEIMM–CT, B– HSHL–ZC, Building T–20, 1st Floor, Washington, DC 20307–5001 DAHA19, 0D USPFO for Massachusetts, 202 Clifford Davis Federal Building, DADA16, 0Y Tripler Army Medical Center, Attn: Contracting Officer, 143 Speen Street, Memphis, TN 38103–1894 Contracting Office, Attn: HSAA–T, Natick, MA 01760–2599 DACA67, DACW67, EC USA Engineer Building 160, Krukowski Street, Tripler DAHA20, 9F USPFO for Michigan, 3111 District, Seattle, Attn: CENPS–CT, P.O. Box AMC, HI 96859–5000 West St. Joseph Street, Lansing, MI 48913– C–3755, Seattle, WA 98124–2255 DADA18, 1R Directorate of Contracting, 5102 DACA68, DACW68, YW USA Engineer Attn: AFZG–DOC, Building 4201, Fort Sam DAHA21, 9K USPFO for Minnesota, Camp District, Walla Walla, Attn: CENPW–CT, Houston, TX 78234–5000 Ripley, P.O. Box 288, Little Falls, MN Building 602, City-County Airport, Walla DADA19 EURO–RMC (Regional Medical 56345–0288 Walla, WA 99362–9265 Command), Landstuhl, Germany, AP AE DAHA22, CW USPFO for Mississippi, 144 DACA69, DACW69, CB USA Engineer 09180–3460 Military Drive, Jackson, MS 39208–8880 District, Huntington, Attn: CEORH–CT, 502 DADW30, 0F US Army Military District of DAHA23, 9H USPFO for Missouri, 1715 8th Street, Huntington, WV 25701–2070 Washington, Attn: ANPC, 103 3rd Avenue, Industrial Avenue, Jefferson City, MO DACA72, DACW72, ZA USA Humphreys Fort Lesley J. McNair, Washington, DC 65101–1468 Engineer Center, Support Activity, Attn: 20319–5050 DAHA24, 9P USPFO for Montana, P.O. Box CEHEC–CT, Kingman Building, Fort DADW35, 2M USA Garrison Fort Belvoir, 1157, Helena, MT 59624–1157 Belvoir, VA 22060–5580 Directorate of Contracting, Attn: ANFB– DAHA25 USPFO for Nebraska, 1234 DACA75, DACW75, ZC USA Engineer OC, 9410 Jackson Loop, Suite 101, Fort Military Road, Lincoln, NE 68508–1092 Ordnance Program Division, Attn: CETAD– Belvoir, VA 22060–5134 DAHA26 USPFO for Nevada, 2601 South OP–C, APO AE 09803–1303 DADW36, 1J Fort Meade Directorate of Carson Street, Carson City, NV 89701–5596 DACA76, DACW76, ZD USA Topographic Contracting, Attn: ANME–OC, Building DAHA27 USPFO for New Hampshire, P.O. Engineering Center, Attn: CETEC–CT, 7701 2234, Fort George G. Meade, MD 20755– Box 2003, Concord, NH 03301–2003 Telegraph Road, Alexandria, VA 22315– 5081 DAHA28, ZK USPFO for New Jersey, 131 3864 DADW38, 2S Fort Ritchie Directorate of Eggert Crossing Road, Lawrenceville, NJ DACA78, DACW78, 9V USA Engineer Contracting, 601 Lakeside Drive, Fort 08648–2805 Transatlantic Division, Attn: CETAD–CT– Ritchie, MD 21719–4020 DAHA29 USPFO for New Mexico, Attn: P, 201 Prince Frederick Drive, Winchester, DADW49, 0M National Defense University, Contracting Officer, P.O. Box 4277, Santa VA 22602 Contracting Office, Attn: NDU–LG–P, Fe, NM 87502–4277 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations 34139

DAHA30, D2 USPFO for New York, 330 DAHC77, CJ U.S. Army Garrison, Hawaii, DAMA01, G8 Superintendent, USA Old Niskayuna Road, Latham, NY 12110– Directorate of Contracting, Attn: APVG– Military Academy, Attn: MADC, Building 2224 GK, Building 520, Pierce Street, Fort 667A, West Point, NY 10996–1594 DAHA31, D3 USPFO for North Carolina, Shafter, HI 96858–5025 DAMD17, B3 U.S. Army Medical Research 4201 Reedy Creek Road, Raleigh, NC DAJA01, 9Q RCO Vicenza, Attn: AEUCC–I, Acquisition Activity, Attn: MCMR–AAA, 27607–6412 Unit 31401, Box 33, APO AE 09630 Fort Detrick, Frederick, MD 21702–5014 DAHA32, D6 USPFO for North Dakota, P.O. DAJA02, G5 RCO Seckenheim, Attn: DAMT01, 0E HQ MTMC, Acquisition Box 5511, Bismarck, ND 58502–5511 AEUCC–S, Unit 29331, APO AE 09266 Division, Attn: MTAQ–A, 5611 Columbia DAHA33, 9M USPFO for Ohio, 2811 West DAJA16, 8X RCO Grafenwoehr, Attn: Pike, Falls Church, VA 22041–5050 Granville Road, Columbus, OH 43235– AEUCC–G, Unit 28130, APO AE 09114 DAMT02, G3 MTMC Eastern Area, 2712 DAJA22, G6 Wiesbaden Regional Contracting Division, Attn: MTELO–C, DAHA34, 9J USPFO for Oklahoma, 3501 Contracting Center, Attn: AEUCC–C, CMR Building 42/7, Bayonne, NJ 07002–5302 Military Circle, N.E., Oklahoma City, OK 410, Box 741, APO AE 09096 DAMT03, G4 MTMC, Western Area, 73111–4398 DAJA61, 9Z RCO Benelux, Attn: AEUCC–B, Commander, Attn: MTWLO–CO, Building PSC 79, Box 003, APO AE 09724 DAHA35, 1X USPFO for Oregon, Attn: 1, Alaska Street, Room 2336, Oakland, CA DAJA77 HQ, USACCE (Contracting Cell, USPFO–P, P.O. Box 14840, Salem, OR 94626–5000 97309–5008 Deployed), Attn: AEUCC–O, Unit 29331, APO AE 09266 DASA01, G0 USA Central Command-Saudi DAHA36, DL USPFO for Pennsylvania, Arabia, Dhahran, Saudi Arabia, Attn: Department of Military Affairs, ATT: DAJA89, F0 RCO Wuerzburg, Attn: AEUCC–W, Unit 26622, APO AE 09244 ARCENT–SA–CN, APO AE 09808 Contracting Officer, Annville, PA 17003– DASA02 USA Central Command-Kuwait, 5003 DAJA90, 0T RCO Bad Kreuznach, Attn: Camp Doha, Kuwait, Attn: ARCENT–KU– DAHA37 USPFO for Rhode Island, 330 AEUCC–BK, Unit 24307, APO AE 09252 KO, APO AE 09889–9900 Camp Street, Providence, RI 02906–1954 DAJB03, F4 HQ, EUSA, Asst Cofs DASA03 ARCENT Contracting Division, DAHA38, DU USPFO for South Carolina, 9 Acquisition Mgt, Attn: EAAQ (PARC), Unit Attn: ARFD–PARC, Building 363, Fort National Guard Road, Columbia, SC 15236, APO AP 96205–0009 McPherson, GA 30330–7000 29201–4766 DAJN21, 1V U.S. Army Garrison, Panama, DASA04 USA Central Command-Qatar, DAHA39, VQ USPFO for South Dakota, Directorate of Contracting, Attn: SOCO– Doha, Qatar, Attn: ARCENT–QA–DOC, Camp Rapid, Rapid City, SD 57702–8186 CO, Unit 7116, APO AA 34002–5000 APO AE 09898 DAHA40, YX USPFO for Tennessee, Powell DAKF04, ZE Directorate of Contracting, DASC01, YJ USAINSCOM Support Avenue, P.O. Box 40748, Nashville, TN Attn: AFZJ–DC, P.O. Box 10039, Fort Battalion (Prov), Directorate of Contracting 37204–0748 Irwin, CA 92310–0039 DAKF06, 1C Directorate of Contracting, DAHA41, 9C USPFO for Texas, Attn: Operations, Attn: IASB–DCO, 8825 Beulah Attn: AFZC–DOC, Building 6222, Fort Contracting Officer, P.O. Box 5218, Austin, Street, Fort Belvoir, VA 22060–5246 Carson, CO 80913–5022 TX 78563–5218 DASC02, 1B National Ground Intelligence DAKF10, 1D Directorate of Contracting, DAHA42 USPFO for Utah, P.O. Box 2000, Center (NGIC), Attn: IANG–LOG, 220 Attn: AFZP–DC, Building 622, 2nd Floor, Draper, UT 84020–2000 Seventh Street NE, Charlottesville, VA Fort Stewart, GA 31314–5189 22902–5396 DAHA43 USPFO for Vermont, Camp DAKF11, 1E Army Atlanta Contracting Johnson, Building #3, P.O. Box 2000, DASG60, CB USA Space and Strategic Center, Attn: AFLG–PRC, Building 130, Defense Command, Deputy Commander, Colchester, VT 05446–3004 Anderson Way, Fort McPherson, GA DAHA44, ZR USPFO for Virginia, 501 East Attn: CSSD–CM–AC, P.O. Box 1500, 30330–6000 Huntsville, AL 35807–3801 Franklin Street, Richmond, VA 23219– DAKF19, 1G Directorate of Contracting, 2317 DASG62, CH U.S. Army Space Command, Attn: AFZN–DOC, P.O. Box 2248, Fort Attn: MOSC–SC, 1670 North Newport DAHA45, ZX USPFO for Washington, Riley, KS 66442–0248 Camp Murray, Tacoma, WA 98430–5000 Road, Suite 211, Colorado Springs, CO DAKF23, 1H Directorate of Contracting, 80916–2749 DAHA46 USPFO for West Virginia, 50 1 Attn: AFZB–DOC, Building 2174, 13 ⁄2 and DASW01, F7 Defense Supply Service— Armory Road, Buckhannon, WV 26201– Indiana Streets, Fort Campbell, KY 42223– 2396 Washington, Attn: Policy and Compliance, 1100 5200 Army Pentagon, Room 1E260, DAHA47, 9G USPFO for Wisconsin, 8 DAKF24, G1 Directorate of Contracting, Madison Blvd., Camp Douglas, WI 54618– Washington, DC 20310–5200 Attn: AFZX–DOC, P.O. Drawer 3918, Fort DATM01, 0R U.S. Army OPTEC 5002 Polk, LA 71459–5000 DAHA48 USPFO for Wyoming, P.O. Box Contracting Activity, Attn: CSTE–ZOC, DAKF29, 2G Directorate of Contracting, P.O. Box Y, Fort Hood, TX 76544–5065 1709, Cheyenne, WY 82003–1709 Attn: AFZT–DOC, Building 5418, 3rd DAHA49 USPFO for the District of Floor, South Scott Plaza, Fort Dix, NJ * * * * * Columbia, Anacostia Naval Air Station, 08640–6150 Building 350, Washington, DC 203315– DAKF31, 1K Directorate of Contracting, PART 7ÐDEFENSE INFORMATION 0001 Attn: AFRC–FMD–DOC, Building 227, Fort SYSTEMS AGENCY ACTIVITY DAHA50 USPFO for Hawaii, 4208 Diamond Devens, MA 01433–5340 ADDRESS NUMBERS Head Road, Honolulu, HI 96816–4495 DAKF36, 1M Directorate of Contracting, DAHA51, 2Z USPFO for Alaska, Attn: P&C Attn: AFZS–DOC, 45 West Street, Fort DCA100, VC DITCO–NCR, Attn: DTN, 701 Division, Camp Denali, P.O. Box B, Fort Drum, NY 13602–5220 South Courthouse Road, Arlington, VA Richardson, AK 99505–2600 DAKF40, 1N Directorate of Contracting, 22204–2109 (ZD10) DAHA70 USPFO for Puerto Rico, P.O. Box Attn: AFZA–DC, Drawer 70120, Fort Bragg, DCA200, VP Defense Information 3786, San Juan, PR 00904–3786 NC 28307–0120 Technology Contracting Organization, DAHA72 USPFO for Virgin Islands, #9 DAKF48, 1Q Headquarters, III Corps and Contracting Directorate, Attn: DTS, 2300 Estate Diamond, Frederiksted, St. Croix, VI Fort Hood, Directorate of Contracting, Attn: East Drive, Scott AFB, IL 62225–5406 00840 AFZF–DOC, Building 1001 (Room W103), (ZD11) DAHA74 USPFO for Guam, 622 E. Harmon Fort Hood, TX 76544– 5059 DCA300, 1F DITCO-Pacific, Attn: DTP, Industrial Park Road, Tamuning, GU DAFK57, 1T Directorate of Contracting, Building 487, Box 300, Vincennes Avenue 96911–4422 Attn: AFZH–DOC, Building 9504, Box and North Road, Pearl Harbor, HI 96860– DAHA90, 2Y National Guard Bureau, 339500, Fort Lewis, WA 98433–9500 5300 (ZD13) Contracting Support, 5109 Leesburg Pike, DAKF61, 1U Directorate of Contracting, DCA400, WK DITCO-Europe, Attn: DTE, Suite 401–B, Falls Church, VA 22041–3201 Attn: AFRC–FM–DC, Building 2103, 8th Unit 4235, Box 375, APO AE 09136–5375 DAHC76, 8U U.S. Army Garrison, Alaska, Avenue, Fort McCoy, WI 54656–5000 (ZD14) Directorate of Contracting, Attn: APVR– DAKF63, 9R Directorate of Contracting, Los DCA500, KH DITCO-Alaska, Attn: DTA, DOC, P.O. Box 5–525, Fort Richardson, AK Alamitos, 1120 Lexington Drive, Los 9864 L Street, Suite 201, Elmendorf AFB, 99505–0525 Alamitos, CA 90720–5002 AK 99506–2615 (ZD15) 34140 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations

PART 8ÐNATIONAL IMAGERY AND MDA230, SU Defense Finance and Road, Dulles Int Airport, PO Box 17498, MAPPING AGENCY ACTIVITY Accounting Service, Cleveland Center, Washington, DC 20041–0498 (ZD74) ADDRESS NUMBERS 1240 East 9th Street, Cleveland, OH 44199– 2055 (ZF23) PART 12ÐBALLISTIC MISSILE NMA100, BQ National Imagery and MDA240 Defense Finance and Accounting DEFENSE ORGANIZATION ACTIVITY Mapping Agency, Contracts in Support of Service, Columbus Center, 4280 East 5th ADDRESS NUMBER Systems and Technology, Attn: PCS/D–88, Avenue, Columbus, OH 43219–1879 4600 Sangamore Road, Bethesda, MD (ZF24) HQ0006, SS Ballistic Missile Defense 20816–5003 (ZM10) MDA250, SV Defense Finance and Organization, Attn: BMDO/DCTP, 7100 NMA201, Y2 National Imagery and Accounting Service, Denver Center, 6760 Defense Pentagon, Room 1E1019, Mapping Agency, Micro Purchasing East Irvington Place, Denver, CO 80279– Washington, DC 20301–7100 (ZD60) Operations (East), Attn: PCM–E/D–6, 4600 8000 (ZF25) Sangamore Road, Bethesda, MD 20816– MDA260, ST Defense Finance and PART 13ÐDEFENSE COMMISSARY 5003 (ZM21) Accounting Service, Indianapolis Center, AGENCY ACTIVITY ADDRESS # NMA202, Z2 National Imagery and 8899 East 56th Street, Building 1, NUMBERS Mapping Agency, Micro Purchasing Indianapolis, IN 46249–0100 (ZF26) Operations (West), Attn: PCM–W/L–13, MDA270 Defense Finance and Accounting DECA01, ZG Defense Commissary Agency, 3200 South Second Street, St. Louis, MO Service, Financial Systems Organization, East Service Center, Attn: DeCA/ES–AM, 63118–3399 (ZM22) 8899 East 56th Street, Indianapolis, IN Building P–11200, 38th Street and E NMA301, V2 National Imagery and 46249–0100 (ZF27) Avenue, Fort Lee, VA 23801–6390 (ZD81) Mapping Agency, Contracts in Support of MDA280 SY Defense Finance and DECA02, ZT Defense Commissary Agency, Operations (East), Attn: PCO–E/D–5, 4600 Accounting Service, Kansas City Center, West Service Center, Attn: DeCA/WS–AM, Sangamore Road, Bethesda, MD 20816– 1500 East 95th Street, Kansas City, MO Building 3184, Kelly AFB, TX 78241–6290 5003 (ZM31) 64131 (ZF28) (ZD82) NMA302, YQ National Imagery and MDA410, DR DoDDS, Attn: Procurement DECA03, 0H Defense Commissary Agency, Mapping Agency, Contracts in Support of Division, 4040 North Fairfax Drive, 8th North East Region, Attn: DeCA/NE–AM, Operations (West), Attn: PCO–W/L–13, Floor, Arlington, VA 22203–1635 (ZK10) Building 2257, Fort George G. Meade, MD 3200 South Second Street, St. Louis, MO MDA412 9Y DoDDs, European Procurement 20755–5520 (ZD83) 63118–3399 (ZM32) Office, Unit 29649, Box 4000, APO, AE DECA04, BE Defense Commissary Agency, NMA401, 8Y National Imagery and 09096 (ZK12) Central Region, Attn: DeCA/CE–AM, 1140 Mapping Agency, Contracts in Support of MDA414, Y4 DoD Education Activity, Gator Boulevard, Norfolk, VA 23521–2228 Corp Affairs (East), Attn: PCC–E/D–6, 4600 Education Supplies Procurement Office, (ZD84) Sangamore Road, Bethesda, MD 20816– Attn: DESPO, 8000 Jefferson Davis DECA05, 0L Defense Commissary Agency, 5003 (ZM41) Highway, Richmond, VA 23297–5320 Southern Region, Attn: DeCA/SO–AM, NMA402, YZ National Imagery and (ZK14) Building 835, Maxwell AFB, AL 36112– Mapping Agency, Contracts in Support of MDA416, YT DoD Education Activity, 6722 (ZD85) Corp Affairs (West), Attn: PCC–W/L–13, Pacific Procurement Office, PSC 556, Box DECA06, 0J Defense Commissary Agency, 3200 South Second Street, St. Louis, MO 796, FPO, AP 96386–0796 (ZK16) Midwest Region, Attn: DeCA/MW–AM, 63118–3399 (ZM42) MDA904 Maryland Procurement Office, Building 3030, Kelly AFB, TX 78241–6290 Attn: N363, 9800 Savage Road, Fort George (ZD86) PART 9ÐDEFENSE SPECIAL G. Meade, MD 20755–6000 (ZD04) DECA07, 0Z Defense Commissary Agency, WEAPONS AGENCY ACTIVITY MDA905 B4 Uniformed Services University South West Region, Attn: DeCA/SW–AM, ADDRESS NUMBERS of the Health Sciences, Attn: Directorate of Building 329, Marine Corps Air Station El Contracting, 4301 Jones Bridge Road, Toro, Santa Ana, CA 92709–5002 (ZD87) DSWA01, 8Z Defense Special Weapons Bethesda, MD 20814–4799 (ZD05) DECA08, 0K Defense Commissary Agency, Agency, Headquarters, Attn: Acquisition MDA906 Office of the Civilian Health and Northwest Region, Attn: DeCA/NW–AM, Management Directorate, 6801 Telegraph Medical Program of the Uniformed Building 9630, Fort Lewis, WA 98433– Road, Alexandria, VA 22310–3398 (ZS01) Services (CHAMPUS), Attn: Contract 7300 (ZD88) DSWA02, 0N Defense Special Weapons Management Division, Building 222, East Agency, Field Command, Attn: Acquisition Harlow Avenue, FAMC, Aurora, CO PART 14ÐUNITED STATES SPECIAL Management Office (FCA), 1680 Texas 80045–6900 (ZD06) OPERATIONS COMMAND ACTIVITY Street, S.E., Kirtland AFB, NM 87115–5669 MDA907 Purchasing and Contracting ADDRESS NUMBERS (ZS02) Office, Menwith Hill Station, APO AE 09210 (ZD07) USZA22, 2U USSOCOM Headquarters, PART 10ÐMISCELLANEOUS MDA908, 2X Virginia Contracting Activity, Directorate of Procurement, 7701 Tampa DEFENSE ACTIVITIES ACTIVITY Attn: DAP P.O. Box 46563, Washington, Point Boulevard, MacDill AFB, FL 33621– ADDRESS NUMBERS DC 20050–6563 (ZD50) 5323 (ZA22) MDA928 Armed Forces Radiobiology USZA24 USSCOCOM, 24th STS, Attn: MS– MDA112, E0 T–ASA, Sacramento Research Institute, Attn: Acquisition Z, Pope AFB, NC 28308–5000 (ZA24) Contracting Office, 3116 Peacekeeper Way, Management Division, 8901 Wisconsin USZA90 USSOCOM, JSOC, P.O. Box 70329, McClellan AFB, CA 95652–1068 (ZP12) Avenue, Bethesda MD 20889–5145 (ZD28) Fort Bragg, NC 28307–5000 (ZA90) MDA113, VE T–ASA, March Contracting MDA946 Washington Headquarters USZA91 USSOCOM, SOTF, Attn: Office, 1363 Z Street, Building 2730, March Services, Real Estate and Facilities Contracting, P.O. Box 70660, Fort Bragg, AFB, GA 92518–2717 (ZP13) Directorate, 1155 Defense Pentagon, Room NC 28307–5000 (ZA91) MDA114, VV T–ASA, Alexandria 3C345, Washington, DC 20301–1155 USZA92, 1F USSOCOM, USASOC, Attn: Contracting Office, 601 North Fairfax (ZD46) AOCO, Fort Bragg, NC 28307–5200 (ZA92) Drive, Suite 311, Alexandria, VA 22314– MDA972 WS DARPA, Contract USZA93 Special Boat Squadron One (SBR– 2007 (ZP14) Management Office, 3701 North Fairfax 1), 3400 Tarawa Road, San Diego, CA MDA210, SF Defense Finance and Drive, Arlington, VA 22203 (ZD72) 92155–5176 (ZA93) Accounting Service Headquarters, 1931 USZA94 Naval Special Warfare Group One Jefferson Davis Highway, Arlington, VA PART 11ÐON-SITE INSPECTION (NSWG–1), 3632 Guadalcanal Road, San 22240–5291 (ZF21) AGENCY ACTIVITY ADDRESS Diego, CA 92155–5583 (ZA94) MDA220 Defense Finance and Accounting NUMBER USZA95, 1A USSOCOM, TAKO, Service, Integrated Contracting Office, 1931 Contracting Division, Attn: AMSAT–D–TK, Jefferson Davis Highway, Arlington, VA OSIA01 On-Site Inspection Agency, 4300 Goodfellow Boulevard, St. Louis, MO 22240–5291 (ZF22) Acquisition Management, 201 W Service 63120 (AZ95) Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations 34141

USZA96, 1P Special Boat Squadron Two Appendix I to Chapter 2—[Amended] (a) and (c), by removing the abbreviation (SBR–2), NAB Little Creek, 2220 Schofield 128. Appendix I to Chapter 2 is ‘‘OUSD(A&T)SADBU’’ and inserting in Road, Suite 100, Norfolk, VA 23521–2845 amended in section I–103, in the its place the abbreviation (ZA96) introductory text of paragraph (b), by ‘‘DUSD(I&CP)SADBU’’; and in USZA97 Naval Special Warfare Group Two adding the word ‘‘a’’ before the word paragraph (e) by removing the word (NSWG–2), 1430 Helicopter Road, Suite ‘‘mentor’’. ‘‘the’’ before the abbreviation ‘‘DoD’’. 200, Norfolk, VA 23521–2944 (ZA97) 129. Appendix I to Chapter 2 is 131. Appendix I to Chapter 2 is USZA98 Naval Special Warfare Center, amended in section I–106, in paragraphs 2446 Trident Way, San Diego, CA 92155– amended in section I–111, in paragraph (a) and (d), twice in paragraph (e), and (c), by removing the abbreviation 5494 (ZA98) in paragraph (j)(3), by removing the USZA99 Naval Special Warfare ‘‘OUSD(A&T)SADBU’’ and inserting in abbreviation ‘‘OUSD(A&T)SADBU’’ and Development Group (ZA99), 1636 Regulus its place the abbreviation inserting in its place the abbreviation Avenue, Virginia Beach, VA 23461–2299 ‘‘DUSD(I&CP)SADBU’’. ‘‘DUSD(I&CP)SADBU’’. 130. Appendix I to Chapter 2 is [FR Doc. 97–15821 Filed 6–23–97; 8:45 am] amended in section I–107, in paragraphs BILLING CODE 5000±04±M federal register June 24,1997 Tuesday Regulations; FinalRule Family HomesProgram(HOPE3) Streamlining ofHomeownershipSingle 24 CFRPart572 Development Housing andUrban Department of Part III 34143 34144 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations

DEPARTMENT OF HOUSING AND HUD noted that because of recent number of small entities. This rule URBAN DEVELOPMENT statutory amendments, direct merely recognizes administrative homeownership assistance is now a changes in HUD’s structure and 24 CFR Part 572 permanent eligible activity under both streamlines regulations by removing the HOME Investment Partnerships and unnecessary provisions. The rule will [Docket No. FR±3857±F±05] Community Development Block Grant have no adverse or disproportionate RIN 2506±AB71 programs. As a result, families that economic impact on small businesses. might have been assisted by the HOPE Environmental Impact Homeownership of Single Family 3 program may instead be eligible for Homes Program (HOPE 3); homeownership assistance through In accordance with 24 CFR Streamlining Rule those programs. The availability of other 50.19(c)(1), published in the Federal assistance makes future HOPE 3 Register on September 27, 1996 (61 FR AGENCY: Office of the Assistant appropriations and competitions less 50914), this final rule does not direct, Secretary for Community Planning and likely. Therefore, the HOPE 3 provide for assistance or loan and Development, HUD. regulations on applications for funding mortgage insurance for, or otherwise ACTION: Final rule. include outdated references and are govern or regulate, real property unnecessarily lengthy and prescriptive. acquisition, disposition, leasing (other SUMMARY: In compliance with the The October 10, 1996 proposed rule than tenant-based rental assistance), President’s regulatory reform initiatives, sought to preserve those regulations rehabilitation, alteration, demolition, or this rule further streamlines HUD’s only to the extent necessary to ensure new construction. This rule merely regulations for the HOPE for HUD’s ability to conduct future streamlines the HOPE 3 regulations by Homeownership of Single Family competitions in the event funds become removing unnecessary provisions. Homes Program (HOPE 3) by available to make awards under the Therefore, this final rule is categorically eliminating remaining provisions that program. excluded from the requirements of the are unnecessarily expansive in light of Specifically, the October 10, 1996 rule National Environmental Policy Act and existing statutory requirements. proposed to remove most of the the related Federal authorities in 24 CFR EFFECTIVE DATE: July 24, 1997. requirements relating to competitive 50.4. FOR FURTHER INFORMATION CONTACT: distributions of HOPE 3 funds. In Executive Order 12612, Federalism Gordon McKay, Director, Office of making such distributions, HUD is Affordable Housing Programs, Room required to comply with section 102 of The General Counsel, as the 7168, Department of Housing and Urban the Department of Housing and Urban Designated Official under section 6(a) of Development, 451 7th Street, SW, Development Reform Act (HUD Reform Executive Order 12612, Federalism, has Washington, DC 20410, telephone Act) (42 U.S.C. 3545). The requirements determined that this rule will not have number (202) 708–2685 (this is not a of section 102 are binding, whether substantial direct effects on States or toll-free number). For hearing-and HUD maintains implementing their political subdivisions, or the speech-impaired persons, this number provisions in regulatory text in the CFR relationship between the Federal may be accessed via TTY (text or in separate published notices Government and the States, or on the telephone) by calling the Federal announcing competitions for funding. distribution of power and Information Relay Service at 1–800– Therefore, it is unnecessary to maintain responsibilities among the various 877–8339. all of those requirements in the HOPE levels of government. No programmatic or policy changes will result from this SUPPLEMENTARY INFORMATION: On March 3 regulations. rule that would affect the relationship 4, 1995, President Clinton issued a The October 10, 1996 rule also between the Federal Government and memorandum to all Federal proposed to remove lengthy provisions State and local governments. As a result, departments and agencies regarding explaining the Cash and Management the rule is not subject to review under regulatory reinvention. In response to Information System that is used to the Order. this memorandum, the Department of disburse HOPE 3 grant funds (see Housing and Urban Development § 572.230). This information is Unfunded Mandates Reform Act conducted a page-by-page review of its contained in other guidance material and does not need to be codified. Title II of the Unfunded Mandates regulations to determine which can be Reform Act of 1995 (Pub. L. 104–4; eliminated, consolidated, or otherwise The deadline for submitting public comments on the October 10, 1996 approved March 22, 1995) (UMRA) improved. HUD determined that the establishes requirements for Federal regulations for the HOPE for proposed rule was December 9, 1996. HUD has not received any comments on agencies to assess the effects of their Homeownership of Single Family regulatory actions on State, local, and Homes program (HOPE 3) could be the proposed rule. Therefore, today’s rule adopts the provisions of the tribal governments, and the private improved and streamlined. On sector. This rule does not impose any September 16, 1996 (61 FR 48796), HUD proposed rule as final, eliminating approximately 5 pages of unnecessary Federal mandates on any State, local, or published in the Federal Register a final tribal governments, or on the private rule that completed a previous regulations from the Code of Federal Regulations (CFR). sector, within the meaning of the rulemaking process on the HOPE 3 UMRA. program regulations and made Findings and Certifications streamlining changes to those Catalog of Federal Domestic Assistance Regulatory Flexibility Act regulations for which prior notice and The Catalog of Federal Domestic comment were not required. The Secretary, in accordance with the Assistance number for this program is On October 10, 1996 (61 FR 53276), Regulatory Flexibility Act (5 U.S.C. 14.240. HUD published a proposed rule 605(b)), has reviewed and approved this containing further streamlining rule, and in so doing certifies that this List of Subjects in 24 CFR Part 572 amendments for which prior notice and rule will not have a significant Condominiums, Cooperatives, Fair comment were required. In that rule, economic impact on a substantial housing, Government property, Grant Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations 34145 programs—housing and community by HUD and the recipient, in procedures specified by HUD in HUD’s development, Low and moderate accordance with the requirements of forms and issuances concerning the income housing, Nonprofit parts 84 and 85 of this title, as C/MI System. organizations, Reporting and applicable. 7. Section 572.300 is revised to read recordkeeping requirements. 5. Section 572.210 is revised to read as follows: Accordingly, for the reasons set out in as follows: § 572.300 Notices of funding availability the preamble, part 572 of title 24 of the § 572.210 Implementation grants. Code of Federal Regulations is amended (NOFAs); grant applications. (a) General authority. Any as follows: implementation grants for the purpose When funds are made available for planning grants or implementation PART 572ÐHOPE FOR of carrying out homeownership programs approved under this part will grants under this part, HUD will publish HOMEOWNERSHIP OF SINGLE a NOFA in the Federal Register, in FAMILY HOMES PROGRAM (HOPE 3) be awarded using a selection process and selection criteria to be published in accordance with the requirements of 1. The authority citation for part 572 a NOFA. part 4 of this title, and will select continues to read as follows: (b) Deadline for completion. A applications for funding on a competitive basis as provided in the Authority: 42 U.S.C. 3535(d) and 12891. recipient must spend all implementation grant amounts within 4 applicable NOFA. 2. Section 572.5 is amended by years from the effective date of the grant revising the definition of Program §§ 572.305, 572.310, and 572.320 agreement. The appropriate HUD field income to read as follows: [Removed] office may approve a request to extend 8. Sections 572.305, 572.310, and § 572.5 Definitions. the deadline when it determines that an 572.320 are removed. * * * * * extension is warranted. A previously Program income means income approved grant amount may not be 9. Section 572.420 is amended by earned from the program as described in amended to increase the grant amount. revising the second sentence of parts 84 and 85 of this title, as (c) Program closeout. Recipients will paragraph (a)(1) to read as follows: comply with closeout procedures as applicable, except that program income § 572.420 Miscellaneous requirements. does not include proceeds from the sale issued by HUD. and resale of properties. Such sale and 6. Section 572.230 is revised to read (a) * * * resale proceeds, and interest earned by as follows: (1) * * * Part 84 of this title (Grants the recipient or its designee on those § 572.230 Cash and Management and Agreements with Institutions of proceeds, are governed by § 572.135 (a) Information (C/MI) System. Higher Education, Hospitals, and Other through (c). Disbursement of HOPE 3 grant funds Nonprofit Organizations) and OMB * * * * * is managed through HUD’s Cash and Circular Nos. A–122 (Cost Principles Management Information (C/MI) System Applicable to Grants, Contract and § 572.100 [Amended] for the HOPE 3 program. Funds that Other Agreements with Nonprofit 3. Section 572.100 is amended by may be disbursed through the C/MI Institutions) and, as applicable, A–21 removing the second sentence of System include funds awarded to the (Cost Principles for Educational paragraph (a)(2). recipient and obligated through the Institutions) apply to the acceptance 4. Section 572.135 is amended by grant approval letter issued by HUD. and use of assistance under this part by revising paragraph (d) to read as HOPE 3 funds are drawn down by the covered organizations, except where follows: recipient or its authorized designee from inconsistent with the provisions of Federal statutes or this part. * ** § 572.135 Use of proceeds from sales to a United States Treasury account for the eligible families, resale proceeds, and program, using the Treasury Automated * * * * * program income. Clearinghouse (ACH) System. Any Dated: June 16, 1997. * * * * * drawdown of HOPE 3 funds from the Jacquie Lawing, (d) Program income. Any program United States Treasury account is General Deputy Assistant, Secretary for income, as defined in § 572.5, received conditioned upon the submission of Community Planning and Development. by the recipient may be added to the satisfactory information about the [FR Doc. 97–16507 Filed 6–23–97; 8:45 am] funds committed to the grant agreement program and compliance with other BILLING CODE 4210±29±P federal register June 24,1997 Tuesday Reduction Credits;FinalRule Acid RainProgram:PhaseIIEarly 40 CFRPart73 Protection Agency Environmental Part IV 34147 34148 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations

ENVIRONMENTAL PROTECTION challenged later in civil or criminal 3. Loan of Allowances AGENCY proceedings brought by EPA to enforce 4. Reference Point these requirements. C. Environmental Benefit 40 CFR Part 73 IV. Administrative Requirements ADDRESSES: Docket and Comments. A. Executive Order 12866 Docket No. A–97–31, containing [FRL±5845±3] B. Unfunded Mandates Act supporting information used to develop C. Paperwork Reduction Act Acid Rain Program: Phase II Early these amendments, is available for D. Regulatory Flexibility Reduction Credits public inspection and copying from 8:00 E. Miscellaneous a.m. to 5:30 p.m., Monday through F. Submission to Congress and the General AGENCY: Environmental Protection Friday, excluding legal holidays, at Accounting Office Agency (EPA). EPA’s Air Docket Section (6102), I. Affected Entities ACTION: Direct final rule. Waterside Mall, Room M1500, 1st Floor, 401 M Street, SW, Washington DC Entities potentially regulated by this SUMMARY: Title IV of the Clean Air Act, 20460, telephone 202–260–7548. action are fossil-fuel fired boilers or as amended by Clean Air Act Written comments should be submitted turbines that serve generators producing Amendments of 1990, (the Act) to the same address. Information electricity for sale. Regulated categories authorizes the Environmental Protection concerning the original rules is found in and entities include: Agency (EPA or Agency) to establish the Docket No. A–92–06, the proposed Acid Rain Program in order to reduce allowance allocation rule. A reasonable Examples of regu- Category lated entities the adverse health and ecological fee may be charged for copying. impacts of acidic deposition. On March FOR FURTHER INFORMATION CONTACT: Industry ...... Electric service pro- 23, 1993, the Agency promulgated final Kathy Barylski at (202) 233–9074 Acid viders. rules allocating allowances to utility Rain Division (6204J), U.S. units, including the criteria and method Environmental Protection Agency, 401 This table is not intended to be of allocating early reduction credits M St., S.W., Washington, DC 20460; or exhaustive, but rather provides a guide under section 404(e) of the Act. This the Acid Rain Hotline at (202) 233– for readers regarding entities that may action implements a settlement of 9620. Electronic copies of this be affected by this action. To determine litigation between EPA and a utility rulemaking can be accessed through the whether your facility may be affected by regarding Phase II early reduction Acid Rain Division website at http:// this action, you should carefully credits. The settlement provides a www.epa.gov/acidrain. examine the applicability criteria in method by which additional allowances SUPPLEMENTARY INFORMATION: In the § 72.6 and the exemptions in §§ 72.7 may be loaned to units receiving early Proposed Rules Section of this Federal and 72.8 of title 40 of the Code of reduction credits as an incentive to Register, EPA is proposing rule Federal Regulations and the revised further reduce emissions prior to the revisions that provide a method by §§ 72.6, 72.7, 72.8, and 72.14 proposed units becoming subject to the applicable which additional allowances may be on December 27, 1996 (61 FR 68340). If Acid Rain Program emission limitations. loaned to units receiving early reduction you have questions regarding the In the proposed rules section of this credits. This will provide an incentive applicability of this action to a Federal Register, EPA is proposing a to further reduce emissions prior to the particular entity, consult the persons rule that is identical to this direct final units becoming subject to the applicable listed in the preceding FOR FURTHER rule. If significant, adverse comments Acid Rain Program emission limitations. INFORMATION CONTACT section. are timely received on the proposed rule EPA considers these revisions to be (see DATES section), this direct final II. Background noncontroversial and anticipates no rule will be withdrawn and all such adverse comments. However, if EPA The overall goal of the Acid Rain comments will be addressed in a timely receives significant, adverse Program is to achieve significant subsequent final rule based on the comments, EPA will publish a environmental benefits through proposed rule. If no significant, adverse document in the Federal Register reductions in emissions of sulfur comments are timely received on the withdrawing the direct final rule. In that dioxide (SO2) and nitrogen oxides proposed rule, then the direct final rule event, all public comments received (NOx), the primary causes of acid rain. becomes effective as published and no will be treated as comments on the To achieve this goal at the lowest cost further action is contemplated on the proposed rule as published in the to society, the program employs both parallel proposal published today. Proposed Rules Section of this Federal traditional and innovative, market-based DATES: This rule is effective August 8, Register and will be addressed in a approaches for controlling air pollution. 1997, unless significant, adverse subsequent final rulemaking document. In addition, the program encourages comments are received by July 24, 1997. EPA will not institute a second energy efficiency and promotes If significant, adverse comments are comment period on the document in the pollution prevention. received, EPA will publish notice in the Proposed Rules Section of this Federal Title IV of the Clean Air Act sets as Federal Register withdrawing the direct Register or on any subsequent final rule a primary goal the reduction of annual final rule. addressing withdrawn portions of this SO2 emissions by 10 million tons below Judicial Review. Under section final rule. Any parties interested in 1980 levels. To achieve these SO2 307(b)(1) of the Clean Air Act (Act), commenting on these revisions to part emissions reductions, the law requires a judicial review of this rule is available 73 should do so at this time. two-phase tightening of restrictions only by filing a petition for review in placed on fossil fuel-fired power plants. the U.S. Court of Appeals for the District I. Affected Entities Phase I began in 1995 and affected 110 II. Background mostly coal-burning electric utility of Columbia Circuit within 60 days of III. Phase II Early Reduction Credits today’s publication of these direct final A. Review of 1993 Rule plants located in 21 eastern and revisions. Under section 307(b)(2) of the B. Issues Resolved in Settlement midwestern states. Phase II, beginning Act, the requirements that are the 1. General Approach in 2000, tightens the annual emissions subject of today’s document may not be 2. Eligibility Criteria limits imposed on these large, higher Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations 34149 emitting plants and also sets restrictions B. Issues Resolved in Settlement modifying here the rule provisions that on smaller or cleaner plants fired by base the early reduction credits upon 1. General Approach coal, oil, or gas. Title IV also requires the difference between the actual Phase certain coal-fired units to reduce their One utility with Phase II affected I emission rate and the 1990 emission emissions of NOX to a level achievable units that are eligible for early reduction rate. However, EPA and the utility through installation of applicable NOX credits for emission reductions from agreed that a projected emission rate control technology. See 40 CFR part 76. 1995 through 1999 initiated litigation will be used for awarding the additional regarding both the method of calculating The centerpiece of the Acid Rain loaned allowances. early reduction credits and the The utility had provided a report Program is a unique trading system in comparison year for measuring the prepared in 1991 estimating that the which allowances (each authorizing the reduction. EPA and the utility worked utility’s average fuel sulfur content emission of up to one ton of SO2) may together for over two years to craft a would rise through Phase I, resulting in be bought and sold at prices determined settlement. Under the settlement, the an average emission rate of 1.75 lb/ by the free market. Most existing utility utility may be loaned allowances for mmBtu, in the absence of any early units are allocated allowances based on fifteen years, while EPA is reasonably reduction credit program. During the their historic fuel use and emission rates assured that the utility will make course of settlement, the utility specified in the Act. Affected utility additional emissions reductions, thus provided additional materials from 1995 units are required to limit SO2 benefitting the environment. These that confirmed that its average fuel emissions to the number of allowances loaned allowances will be in addition to sulfur content would otherwise rise to at they hold, but because allowances are the early reduction credits calculated least 1.75 lb/mmBtu. Thus, the Agency transferrable, utilities may meet their under the existing rule. and the utility agreed that a ‘‘projected emissions control requirements in the baseline emission rate’’ of 1.75 lb/ most cost-effective manner. 2. Eligibility Criteria mmBtu would be used to calculate the This rule relates to a small number of In order to ensure that the settlement loaned allowances. utilities eligible for allowances under results in an environmental benefit, EPA The Agency and the utility agreed that section 404(e) of the Act. Section 404(e) and the utility agreed that the additional the additional loaned allowances would allows a carefully delineated group of loaned allowances will only be available be calculated in an amount equal to the utilities to receive allowances for SO2 if the weighted average emission rate product, rounded to the nearest whole emissions reductions achieved before (based on heat input) for the Phase I number, of (a) the unit’s Phase I year their units are subject to the Acid Rain year in question for all of the affected utilization (in mmBtu) and (b) the Program SO2 emissions limitations. For units in the unit’s dispatch system is amount (in lbs/mmBtu) by which the Phase I of early reduction credits, from below the system-wide weighted unit’s ‘‘projected baseline emission 1991 through 1994, a utility received average emission rate for 1990. The rate’’ exceeds the greater of its actual 314,248 allowances. This rule modifies utility’s dispatch system will be the Phase I year emission rate or its 1990 the Phase II early reduction credits dispatch system as it existed in 1990. In emission rate. program, from 1995 through 1999. addition, the 1990 SO2 emission rate for C. Environmental Benefit any unit that did not operate at all III. Phase II Early Reduction Credits during 1990 will be deemed to be equal Under the existing early reduction credit program (without the allowance A. Review of 1993 Rule to the weighted average emission rate of all the other units at the same plant that loan provisions), the utility would only Section 404(e) of the Act provided a did operate during 1990. significantly reduce the emission rate at lengthy delineation of eligibility criteria one large coal plant (to 1.2 lb/mmBtu) 3. Loan of Allowances for utility units to be allocated the and would sign new coal contracts for additional allowances for early The additional allowances will be an average of 1.75 lb/mmBtu. This reduction. However, the Act was less awarded to the year 2000 subaccount. would result in total early reduction specific regarding how the reduction of For each additional allowance, one credits of about 106,000 and total emissions would be calculated. The allowance will be deducted from the system-wide SO2 emissions of March 23, 1993 rule (58 FR 15634) year 2015 subaccount. If there are not approximately 1.34 million tons, over provided a methodology that EPA enough allowances allocated under the five year period from 1995 through believed fairly represented the intent of subpart B of part 73 to a unit’s ATS 1999. the statute and accurately measured the subaccount for the year 2015 to permit The utility has estimated that, with reduction in emissions. the deduction of the entire number of the new allowance loan provisions, it allowances required to be deducted, would likely sign new coal contracts or The first issue was to determine the additional allowances shall be deducted buy spot market coal with lower sulfur calculation approach. EPA considered a from the unit’s ATS subaccount for content and would reduce the emission pure emissions approach, an emissions subsequent years, as necessary to ensure rate at most of its units. Using an rate approach, and a hybrid. EPA that the required deduction is made. estimate that new coal contracts could developed the hybrid approach to The unit’s designated representative average 1.4 lb/mmBtu, the early encourage the utilities to increase may designate by serial number any reduction credit program, as revised by utilization at cleaner plants and to allowances to be deducted from the today’s rule, could result in 173,000 discourage operational shifts that would subaccount. early reduction credits, 158,000 loaned result in additional emissions. This allowances, and total SO2 emissions of approach is not addressed in today’s 4. Reference Point 1.19 million tons. rule. The utility interested in Phase II early The environment could experience a The second issue was what reduction credits had commented that it reduction of 150,000 tons of SO2 over comparison year to measure the believed the credits should be based on five years (1.34 million tons minus 1.19 reduction against. The 1993 rule the difference between a projected million tons), and 67,000 tons of the finalized use of calendar year 1990 as emission rate in Phase I and the actual reduction (173,000 early reduction the comparison year. rate. EPA is not reconsidering or credits minus 106,000 early reduction 34150 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations credits) would be offset by early significantly or uniquely affected by the E. Miscellaneous reduction credits. Therefore, the utility rule. In accordance with section 117 of the would receive 158,000 loaned Under section 205 of the Unfunded Act, issuance of this rule was preceded allowances to compensate for an Mandates Act, the Agency must identify by consultation with any appropriate additional 83,000 tons of emission and consider a reasonable number of advisory committees, independent reductions (150,000 tons of emission regulatory alternatives before experts, and federal departments and reductions minus 67,000 tons of promulgating a rule for which a agencies. emission reductions offset by early budgetary impact statement must be reduction credits). EPA believes that, prepared. The Agency must select from F. Submission to Congress and the because the allowances are merely those alternatives the least costly, most General Accounting Office loaned, the environment may benefit by cost-effective, or least burdensome Under 5 U.S.C. 801(a)(1)(A) as added up to 83,000 tons less of SO2 emitted to alternative that achieves the objectives by the Small Business Regulatory the atmosphere. of the rule, unless the Agency explains Enforcement Fairness Act of 1996, EPA IV. Administrative Requirements why this alternative is not selected or submitted a report containing this rule the selection of this alternative is and other required information to the A. Executive Order 12866 inconsistent with law. U.S. Senate, the U.S. House of Under Executive Order 12866, 58 FR Because this rule is estimated to result Representatives, and the Comptroller 51735 (October 4, 1993), the in the expenditure by State, local, and General of the General Accounting Administrator must determine whether tribal governments or the private sector Office prior to publication of the rule in the regulatory action is ‘‘significant’’ of less than $100 million in any one today’s Federal Register. This rule is and therefore subject to Office of year, the Agency has not prepared a not a ‘‘major rule’’ as defined by 5 Management and Budget (OMB) review budgetary impact statement or U.S.C. 804(2). and the requirements of the Executive specifically addressed the selection of Order. The Order defines ‘‘significant the least costly, most cost-effective, or List of Subjects in 40 CFR Part 73 regulatory action’’ as one that is likely least burdensome alternative. Because Air pollution control, Electric to result in a rule that may: small governments will not be utilities, Reporting and recordkeeping (1) Have an annual effect on the significantly or uniquely affected by this requirements, Sulfur dioxide. economy of $100 million or more or rule, the Agency is not required to Dated: June 16, 1997. adversely affect in a material way the develop a plan with regard to small economy, a sector of the economy, governments. Carol M. Browner, productivity, competition, jobs, the The revisions to part 73 will not have Administrator. environment, public health or safety, or a significant effect on regulated entities For the reasons set forth in the State, local, or tribal governments or or State permitting authorities. The preamble, 40 CFR part 73 is amended as communities; revisions represent an economic benefit set forth below. (2) Create a serious inconsistency or to the affected utility and a benefit to otherwise interfere with an action taken the environment. The early reduction PART 73Ð[AMENDED] or planned by another agency; credit program is operated entirely by (3) Materially alter the budgetary the EPA and, therefore, the changes will 1. The authority citation for part 73 impact of entitlements, grants, user fees, not burden the State or local permitting continues to read as follows: or loan programs or the rights and authorities. Authority: 42 U.S.C. 7601 and 7651 et seq. obligations of recipients thereof; or C. Paperwork Reduction Act (4) Raise novel legal or policy issues 2. Section 73.20 is amended by arising out of legal mandates, the This rule will increase the revising paragraph (e)(4) and by adding President’s priorities, or the principles information collection requirements of paragraph (f) to read as follows: set forth in the Executive Order. the existing regulations, but only for § 73.20 Phase II early reduction credits. utilities that are eligible and wish to Pursuant to the terms of Executive * * * * * Order 12866, it has been determined participate in the early reduction credit (e) * * * that this rule is not a ‘‘significant program. As only two utilities are regulatory action’’ because the rule does eligible for early reduction credits, an (4) For any unit that did not operate not meet any of the criteria listed above. information collection report is not during 1990, the unit’s 1990 SO2 As such, this action was not submitted required in connection with today’s emission rate will be equal to the to OMB for review. rule. Therefore, no information weighted average emission rate of all of collection report has been prepared or the other units at the same source that B. Unfunded Mandates Act submitted to the OMB under the did operate during 1990. Section 202 of the Unfunded Paperwork Reduction Act, 44 U.S.C. * * * * * Mandates Reform Act of 1995 3501, et seq. (f) Allowance loan program. (1) (‘‘Unfunded Mandates Act’’) requires Eligibility. Units eligible for Phase II D. Regulatory Flexibility that the Agency prepare a budgetary early reduction credits under paragraph impact statement before promulgating a EPA has determined that it is not (a) of this section are eligible for rule that includes a federal mandate that necessary to prepare a regulatory allowances under this paragraph (f) if may result in expenditure by State, flexibility analysis in connection with the weighted average emission rate local, and tribal governments, in this rule. EPA has also determined that (based on heat input) for the prior year aggregate, or by the private sector, of this rule will not have a significant for all of the affected units in the unit’s $100 million or more in any one year. economic impact on a substantial dispatch system was less than the Section 203 requires the Agency to number of small entities. Only two system-wide weighted average emission establish a plan for obtaining input from utilities are potentially affected by this rate for 1990. The weighted average and informing, educating, and advising rule, and neither of those utilities is a emission rate shall be calculated as any small governments that may be small entity. follows: Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations 34151

∑ Unit Emission Rate× Unit Utilization (inmmBtu) Weighted Average Emission Rate = ∑ Unit Utilization For the purposes of this calculation, the unit’s dispatch system will be the dispatch system as it existed as of November 15, 1990. (2) Allowance Calculation. Allowances under this paragraph (f) shall be calculated as follows:

− Greater of 1990 emission rate or × Unit Allowances =[] 1.75 Prior year emission rate Prior year utilization/2000

(3) Allowance Loan. (i) The number of subaccount (up to the amount of allowances required to be deducted allowances calculated under paragraph allowances allocated to the unit for the under paragraph (f)(3)(ii) of this section (f)(2) of this section shall be allocated to year 2016) shall be deducted shall be deducted from the next year’s the unit’s year 2000 subaccount. contemporaneously, such that the sum subaccount. (ii) The number of allowances of the allowances deducted from the (v) The owners and operators of the calculated under paragraph (f)(2) of this subaccounts equals the number of unit shall ensure that sufficient section shall be deducted, allowances required to be deducted allowances are available to make the full contemporaneously with the allocation under paragraph (f)(3)(ii) of this section. deductions required under paragraphs under paragraph (f)(3)(i) of this section, (iv) Notwithstanding paragraph (f)(3)(ii), (iii), and (iv) of this section. from the unit’s year 2015 subaccount. (f)(3)(ii) of this section, the procedure in The designated representative may (iii) Notwithstanding paragraph paragraph (f)(3)(iii) shall be applied as specify the serial number of each (f)(3)(ii) of this section, if the number of follows to each year after 2015 (year-by- allowance to be deducted. allowances to be deducted exceeds the year in numerical order) for which the (4) ERC Units. Any unit to which amount of allowances allocated to the number of allowances to be deducted allowances are allocated under unit for the year 2015, allowances in the from that year’s subaccount exceeds the paragraph (f)(3)(i) of this section shall be year 2015 subaccount equal to the number allocated to the unit for that considered an ERC unit for purposes of amount of allowances allocated to the year: allowances equal to the number applying the restrictions in paragraph unit for the year 2015 shall be deducted. allocated for that year shall be deducted (e)(6) of this section. In addition to the deduction from the from that year’s subaccount and the year 2015 subaccount, a sufficient remainder (up to the amount allocated) [FR Doc. 97–16511 Filed 6–23–97; 8:45 am] amount of allowances in the year 2016 necessary to equal the number of BILLING CODE 6560±50±P federal register June 24,1997 Tuesday Rule Periodic ParticipantStatements;Final 5 CFRPart1640 Board Thrift Investment Federal Retirement Part V 34153 34154 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations

FEDERAL RETIREMENT THRIFT contained in the interim regulations are U.S. Senate, the U.S. House of INVESTMENT BOARD amended by the final rule to conform Representatives, and the Comptroller them to the Board’s other regulations General of the United States before the 5 CFR Part 1640 issued at 5 CFR chapter VI. publication of this rule in today’s Section 1640.2 requires the Board to Federal Register. This rule is not a Periodic Participant Statements provide information to each TSP major rule as defined in section 804(2). participant at least once every six AGENCY: Federal Retirement Thrift List of Subjects in 5 CFR Part 1640 Investment Board. months, no later than 30 days before the last month of an open season. Employee benefit plans, Government ACTION: Final rule. Sections 1640.3 and 1640.4 set forth employees, Pensions, Reporting and SUMMARY: The Executive Director of the the type of information that will be recordkeeping requirements, Federal Retirement Thrift Investment furnished to a participant regarding the Retirement. Board (Board) is publishing final status of his or her individual account Federal Retirement Thrift Investment Board. regulations governing the periodic during the reporting period. Roger W. Mehle, Section 1640.5 describes the information to be furnished to Executive Director. participants in the Thrift Savings Plan information to be furnished to (TSP). The regulations implement participants relating to investments in For the reasons set forth in the various provisions of the Federal the three investment funds described in preamble, part 1640 of chapter VI of title Employees’ Retirement System Act of 5 U.S.C. 8438. Two types of information 5 of the Code of Federal Regulations is 1986 (FERSA), as amended. The are provided: (1) a description of the amended as follows: regulations clarify the types of periodic investment fund, and (2) a five-year PART 1640ÐPERIODIC PARTICIPANT information provided to participants in history of the performance of that type STATEMENTS the TSP, conform definitions in the of investment. interim regulations to those found in the Section 1640.6 provides that 1. The authority citation for part 1640 Board’s other regulations, and otherwise individual account statements will be continues to read as follows: make these regulations easier to read. mailed to TSP participants by the Board’s record keeper. Information Authority: 5 U.S.C. 8439 (c)(1) and (c)(2), EFFECTIVE DATE: These final rules are 5 U.S.C. 8474 (b)(5) and (c)(1). effective June 24, 1997. regarding the TSP investments may either be mailed to TSP participants or 2. Section 1640.1 is amended by FOR FURTHER INFORMATION CONTACT: removing the definitions of ‘‘Employee Merritt A. Willing on (202) 942–1661. included with other informational material that is distributed in a way contribution,’’ ‘‘Employer basic SUPPLEMENTARY INFORMATION: The Board reasonably designed to reach TSP contribution,’’ ‘‘Employer matching administers the Thrift Savings Plan participants. contribution,’’ ‘‘Source,’’ ‘‘Thrift (TSP), a defined contribution plan for Savings Fund,’’ ‘‘Thrift Savings Plan or Federal employees established by the Regulatory Flexibility Act Plan,’’ and ‘‘Thrift Savings Plan Service Federal Employees’ Retirement System I certify that these regulations will not Office,’’ by revising the definitions of ‘‘C Act of 1986 (FERSA), Pub. L. 99–335, have a significant economic impact on Fund,’’ ‘‘Executive Director,’’ ‘‘F Fund,’’ 100 Stat. 514 (codified, as amended, a substantial number of small entities. ‘‘G Fund,’’ ‘‘Individual account,’’ largely at 5 U.S.C. 8401–8479). The TSP They will affect only internal ‘‘Investment fund,’’ ‘‘Open season,’’ and is a tax-deferred retirement savings plan Government procedures related to the ‘‘Participant,’’ and by adding, in for Federal employees that is similar to TSP. alphabetical order, three new cash or deferred arrangements definitions to read as follows: established under section 401(k) of the Paperwork Reduction Act Internal Revenue Code. The requirement I certify that these regulations do not § 1640.1 Definitions. that periodic statements be provided to require additional reporting under the * * * * * participants by the TSP is found at 5 criteria of the Paperwork Reduction Act C Fund means the Common Stock U.S.C. 8439(c). On June 1, 1987, the of 1980. Index Investment Fund established Board published an interim rule with under 5 U.S.C. 8438(b)(1)(C); request for comments in the Federal Unfunded Mandates Reform Act of Executive Director means the Register (52 FR 20371) which 1995 Executive Director of the Board implemented the periodic statement Pursuant to the Unfunded Mandates described in 5 U.S.C. 8474; provision of FERSA. The Board received Reform Act of 1995, section 201, Pub. L. F Fund means the Fixed Income comments from employees and agencies 104–4, 109 Stat. 48, 64, the effect of Investment Fund established under 5 suggesting that the Board issue periodic these regulations on State, local, and U.S.C. 8438(b)(1)(B); statements more than twice a year. The tribal governments and on the private G Fund means the Government Board considered these comments but sector has been assessed. This Securities Investment Fund established decided not to issue statements more regulation will not compel the under 5 U.S.C. 8438(b)(1)(A); often than is required by statute because expenditure in any one year of $100 Individual account means the account of the administrative cost associated million or more by any State, local, and established for a participant in the with additional statements, which is an tribal governments in the aggregate or by Thrift Savings Plan under 5 U.S.C. expense borne by all TSP participants. the private sector. Therefore, a 8439(a); On May 9, 1997 (62 FR 25559), the statement under section 202, 109 Stat. Investment fund means either the G Board published these regulations as 48, 64–65, is not required. Fund, the F Fund, or the C Fund, or any proposed rulemaking. The Board did other Thrift Savings Plan investment not receive any comments on the Submission to Congress and the fund created after June 24, 1997; proposed regulations. General Accounting Office Open season means the period during Section 1640.1 contains definitions of Under 5 U.S.C. 801(a)(1)(A), the Board which participants may choose to begin words or terms used throughout the submitted a report containing this rule making contributions to the Thrift regulation. Some of the definitions and other required information to the Savings Plan, to change or discontinue Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Rules and Regulations 34155 the amount they are currently § 1640.3 Statement of individual account. § 1640.5 Investment fund information. contributing to the Thrift Savings Plan The Executive Director will furnish For each open season, the Executive (without losing the right to recommence each participant with the following Director will furnish each participant contributions the next open season), or information concerning that with a statement concerning each of the to allocate prospective contributions to participant’s individual account: investment funds. This statement will the Thrift Savings Plan among the * * * * * contain the following information investment funds; (c) * * * concerning each investment fund: Participant means any person with an (2) The amounts of contributions and earnings in the C Fund, the F Fund, and (a) A summary description of the type individual account in the Thrift Savings of investments to be made by the fund, Plan, or who would have an account in the G Fund, by source of contribution; (d) All transactions made in written in a manner that will allow the the Thrift Savings Plan but for an participant to make an informed employing agency error; accordance with § 1640.4 and affecting the individual account which occurred decision; and Record keeper means the entity that is during the period covered by the (b) The performance history of the engaged by the Board to perform record statement; type of investments to be made by the keeping services for the Thrift Savings (e) Any other information that the fund, covering the five-year period Plan. As of June 24, 1997, the record Executive Director determines should be preceding the date of the evaluation. keeper is the National Finance Center, in the statement. Office of the Chief Financial Officer, 5. Section 1640.4 is revised to read as 7. Section 1640.6 is revised to read as United States Department of follows: follows: Agriculture, located in New Orleans, § 1640.6 Method of providing information. Louisiana. § 1640.4 Account transactions. (a) Where relevant, the following Source of contributions means either (a) Individual account statement. The transactions will be reported in each agency automatic (1%) contributions information concerning each individual account statement: participant’s individual account under 5 U.S.C. 8432(c)(1) or 8432(c)(3), (1) Contributions; agency matching contributions under 5 described in §§ 1640.3 and 1640.4 will (2) Earnings posted; be sent to the participant at the U.S.C. 8432(c)(2), or employee (3) Withdrawals; contributions under 5 U.S.C. 8351, or participant’s last known address, by first (4) Forfeitures; class mail. It is the participant’s 8440(a) through 8440d; (5) Loan Activity; (6) Transfers among investment funds; responsibility to provide his or her Thrift Savings Plan means the Federal current address to his or her agency or, Retirement Thrift Savings Plan (7) Adjustments to prior transactions; and in the case of a separated employee, to established by the Federal Employees’ the record keeper. Retirement System Act of 1986 (8) Any other transaction that the (FERSA), Public Law 99–335, 100 Stat. Executive Director deems will affect the (b) Investment information. The 514, which has been codified, as status of the individual account. investment information described in (b) Where relevant, the statement will amended, largely at 5 U.S.C. 8401–8479. § 1640.5 will be furnished to each contain the following information participant either: 3. Section 1640.2 is revised to read as concerning each transaction identified (1) By mailing the information to the follows: in paragraph (a) of this section: participant by the method described in (1) Type of transaction; § 1640.2 Duty to provide information. (2) Pay date of the pay period in paragraph (a) of this section; or The Executive Director will provide which the transaction was reflected in (2) By including that information in the information prescribed in §§ 1640.3 the participant’s salary payment; material published by the Board and and 1640.5 at least once every six (3) Investment funds affected; distributed in a manner reasonably months, and not later than thirty (30) (4) Date the transaction was designed to reach the participant. This days before the last month of an open processed; includes distributing the material season. (5) Source of the contribution; through the participant’s agency or, in (6) Amount of the transaction; and the case of a separated employee, 4. Section 1640.3 is amended by (7) Any other information the through the record keeper. revising the introductory text and Executive Director deems relevant. paragraphs (c)(2), (d) and (e) to read as 6. Section 1640.5 is revised to read as [FR Doc. 97–16546 Filed 6–23–97; 8:45 am] follows: follows: BILLING CODE 6760±01±P i

Reader Aids Federal Register Vol. 62, No. 121 Tuesday, June 24, 1997

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING JUNE

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202±523±5227 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since the revision date of each title. Laws 3 CFR 272...... 29652 For additional information 523±5227 275...... 29652 Proclamations: Presidential Documents 301...... 30739, 33537 7007...... 30415 Executive orders and proclamations 523±5227 330...... 29662 7008...... 30427 340...... 29662 The United States Government Manual 523±5227 7009...... 31699 351...... 29662 7010...... 32983 372...... 29662 Other Services Executive Orders: 401...... 33733, 33737 June 8, 1866 (Revoked 457 ...... 33539, 33733, 33737 Electronic and on-line services (voice) 523±4534 in part by PLO 723...... 30229 Privacy Act Compilation 523±3187 7265) ...... 32367 735...... 33539 TDD for the hearing impaired 523±5229 April 13, 1912 736...... 33539 (Revoked in part by 737...... 33539 ELECTRONIC BULLETIN BOARD PLO 7268)...... 33104 738...... 33539 3406 (Revoked in part 739...... 33539 Free Electronic Bulletin Board service for Public Law numbers, by PLO 7269)...... 33103 740...... 33539 Federal Register finding aids, and list of documents on public 5449 (See PLO 741...... 33539 inspection. 202±275±0920 7263) ...... 31450 742...... 33339, 33539 FAX-ON-DEMAND 5947 (See PLO 743...... 33539 7263) ...... 31450 800...... 31701 You may access our Fax-On-Demand service. You only need a fax 12552 (Revoked by 911...... 30429 machine and there is no charge for the service except for long EO 13048)...... 32467 944...... 30429 distance telephone charges the user may incur. The list of 12637 (Revoked by 979...... 30979 documents on public inspection and the daily Federal Register’s EO 13048)...... 32467 985...... 31704 table of contents are available using this service. The document 12816 (Revoked by 989...... 32473 numbers are 7050-Public Inspection list and 7051-Table of EO 13048)...... 32467 1414...... 33982 Contents list. The public inspection list will be updated 13048...... 32467 1415...... 33982 immediately for documents filed on an emergency basis. 13049...... 33471 1416...... 33982 NOTE: YOU WILL ONLY GET A LISTING OF DOCUMENTS ON 13050...... 32987 1434...... 33982 FILE AND NOT THE ACTUAL DOCUMENT. Documents on Administrative Orders: 1437...... 33982 public inspection may be viewed and copied in our office located Presidential 1439...... 33982 at 800 North Capitol Street, N.W., Suite 700. The Fax-On-Demand Determinations: 1464...... 30229 telephone number is: 301±713±6905 No. 97±24 of May 23, 1468...... 33982 1997 ...... 30737 1477...... 33982 1479...... 33982 FEDERAL REGISTER PAGES AND DATES, JUNE No. 97±25 of May 29, 1997 ...... 31313 1489...... 33982 29649±30228...... 2 No. 97±26 of May 30, 1703...... 32434 1753...... 32476 30229±30426...... 3 1997 ...... 32015 1775...... 33462 30427±30738...... 4 No. 97±27 of June 3, 1997 ...... 32017 1777...... 33462 30739±30978...... 5 No. 97±28 of June 3, 1778...... 33462 30979±31314...... 6 1997 ...... 32019 1780...... 33462 31315±31506...... 9 1781...... 33462 31507±31700...... 10 5 CFR 1786...... 32477 31701±32020...... 11 330...... 31315 1901...... 33462 32021±32194...... 12 Ch. XXXV ...... 32859 1940...... 33462 32195±32470...... 13 900...... 33971 1942...... 33462 32471±32682...... 16 1603...... 33968 1951...... 33462 32683±32988...... 17 1640...... 35154 1956...... 33462 32989±33338...... 18 1651...... 32426 4284...... 33462 1690...... 32473 33339±33536...... 19 Proposed Rules: 2634...... 33972 46...... 33574 33537±33732...... 20 2641...... 31866 400...... 33575 33733±33970...... 23 3801...... 31866 401...... 32544, 33763 33971±34156...... 24 Proposed Rules: 457...... 32544, 33763 338...... 30778 500...... 33376 581...... 31763 911...... 30467 582...... 31763 918...... 30468 733...... 34017 927...... 32548 944...... 30467 7 CFR 1205...... 31012 1...... 33977 1753...... 32552 80...... 29649 1951...... 29678 ii Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Reader Aids

9 CFR 150...... 32054, 32152 201...... 33379 62...... 32252 330...... 33379 70...... 32252 101...... 31326 15 CFR 113...... 31329 358...... 33379 71...... 32252 318...... 33744 738...... 31473 808...... 33783 202...... 31538 381...... 33744 740...... 31473 812...... 31023 206...... 31538 868...... 33044 211...... 31538 Proposed Rules: 770...... 31473 878...... 31771 243...... 29682 94...... 32051 772...... 31473 884...... 33044 250...... 31538, 32252 96...... 32051 774...... 31473 890...... 33044 251...... 33380 304...... 32053 902...... 30741 870...... 33784 308...... 32053 922...... 32154 929...... 32154 22 CFR 916...... 30535 310...... 32053 917...... 30540 320...... 32053 937...... 32154 42...... 32196 Proposed Rules: Proposed Rules: 925...... 31541 327...... 32053 934...... 30800 381...... 31017, 32053 922...... 32246, 33768 22...... 32558 777...... 33047 943...... 31543 416...... 32053 16 CFR 944...... 32255 417...... 32053 23 CFR Proposed Rules: 948...... 31543, 33785 10 CFR 245...... 33316 470...... 33351 31 CFR 1014...... 29680 658...... 30757 170...... 32682 356...... 32032 Proposed Rules: 171...... 32682 357 ...... 32032, 33010, 33548 17 CFR 777...... 33047 1703...... 30432 370...... 33548 Proposed Rules: 1 ...... 31507, 32859, 33007 190...... 31708 24 CFR Proposed Rules: 30...... 32552 103...... 33786 32...... 32552 279...... 33008 200...... 30222 430...... 31524 Proposed Rules: 202...... 30222 32 CFR 451...... 31524 32...... 31375, 33379 203...... 30222 206...... 30222 552...... 33998 711...... 30469 230...... 32705 706...... 33358 835...... 30481 240...... 30485 572...... 34144 585...... 31954, 33156 1900...... 32479 1901...... 32479 11 CFR 18 CFR Proposed Rules: 1907...... 32479 291...... 32251 111...... 32021 2...... 33341 1908...... 32479 570...... 31944 Proposed Rules: 35...... 33342 1909...... 32479 153...... 30435 100...... 33040 26 CFR Proposed Rules: 102...... 33040 19 CFR 199...... 34032 104...... 33040 31...... 33008 106...... 33040 10...... 31383 35a...... 33008 33 CFR 54...... 31669, 31670 110...... 33040 12...... 31713 1...... 33359 114...... 33040 24...... 30448 Proposed Rules: 2...... 33359 123...... 31383, 32030 1...... 30785, 32054 3...... 33359 12 CFR 128...... 31383 301...... 30785, 30796 5...... 31339 203...... 33339 141...... 31383 27 CFR 8...... 33359 613...... 33746 143...... 31383 25...... 33359 617...... 32478 145...... 31383 4...... 33746 26...... 31339, 33359 703...... 32989 148...... 31383 24...... 29663 27...... 31339 Proposed Rules: Proposed Rules: 20 CFR 51...... 33359 261...... 31526 9...... 34027 54...... 33359 575...... 30778 404...... 30746 24...... 29681 67...... 33359 416...... 30747, 30980 28 CFR 70...... 33359 14 CFR Proposed Rules: 72...... 33359 25...... 31707, 32021 416...... 33778 0...... 32031 80...... 33359 33...... 29663 718...... 33043 45...... 31866 89...... 33359 39 ...... 30230, 30433, 31331, 722...... 33043 58...... 30172 95...... 31339 32023, 32025, 33542, 33543, 725...... 33043 501...... 33730 100 ...... 30759, 30988, 31339, 33545 726...... 33043 29 CFR 32198, 32199 71 ...... 31337, 31507, 32195, 727...... 33043 110...... 31339 32478, 32683, 33006, 33986, 1650...... 32685 114...... 33359 33987, 33988, 33989 21 CFR 1910...... 29669 116...... 33359 97 ...... 32027, 32029, 33990, 5...... 33349 1915...... 33547 117...... 31722, 31723 33992, 33994 101...... 31338 2520...... 31696 127...... 33359 107...... 31672 113...... 31721 2590...... 31669, 31670 130...... 31339 108...... 31672 172...... 30984 4044...... 32197 136...... 31339 Proposed Rules: 175...... 33995 Proposed Rules: 138...... 31339 25...... 31482, 32412 178 ...... 30455, 31511, 33995 2200...... 34031 140...... 31339 27...... 31476 184...... 30751 141...... 33359 30 CFR 29...... 31476 312...... 32479 147...... 33359 39 ...... 30481, 30483, 31020, 524...... 33997 250...... 33156 148...... 33359 31021, 31370, 31536, 31766, 556...... 33997 870...... 30232 151...... 31339, 33359 32699, 32701, 33040, 34024 589...... 30936 904...... 31473 153...... 31339, 33359 71 ...... 29679, 30784, 31371, 872...... 31512 906...... 33747 154...... 33359 31372, 31373, 31374, 31769, 880...... 33349 920...... 32687 155...... 33359 31770, 32242, 32243, 32244, 882...... 30456 935...... 32687 156...... 33359 32245, 32703, 32704, 33579, 886...... 30985 943...... 32687 157...... 33359 34026 Proposed Rules: Proposed Rules: 158...... 33359 121...... 32412 Ch. I ...... 33781 56...... 32252 160...... 33359 135...... 32412 111...... 30678 57...... 32252 161...... 33359 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Reader Aids iii

163...... 33359 80...... 30261 405...... 33158 249...... 34114 164...... 33359 81...... 30271 410...... 32715, 33158 252...... 34114 165 ...... 30759, 31340, 32199, 82...... 30276 414...... 33158 253...... 34114 32200, 33359 85...... 31192 424...... 32715 1501...... 33571 167...... 33359 86...... 31192 1504...... 33571 174...... 33359 136...... 30761 44 CFR 1505...... 33571 175...... 33359 157...... 32223 64...... 31520, 33569 1509...... 33571 177...... 31339 180 ...... 29669, 30996, 31190, 65 ...... 30280, 30283, 33023, 1513...... 33571 187...... 33359 32224, 32230, 33012, 33019, 33026 1514...... 33571 Proposed Rules: 33550, 33557, 33563 67...... 30285 1515...... 33571 165...... 31385 186...... 33563 Proposed Rules: 1516...... 33571 260...... 32452 67...... 30296, 33048 1517...... 33571 34 CFR 261...... 32974 1519...... 33571 45 CFR 685...... 30411 264...... 32452 1522...... 33571 265...... 32452 144...... 31669, 31670 1523...... 33571 35 CFR 266...... 32452 146...... 31669, 31670 1532...... 33571 1533...... 33571 61...... 33747 268...... 32974 148...... 31695, 31670 271...... 32974, 34007 675...... 31521 1542...... 33571 36 CFR 302...... 32974 1639...... 30763 1545...... 33571 Proposed Rules: 1546...... 33571 Ch. I ...... 30232 46 CFR 1548...... 33571 1...... 30232 9...... 31025 51...... 30289, 33786 1552...... 33571 7 ...... 30232, 32201, 33749 16...... 34014 52 ...... 29682, 30290, 30818, 6104...... 32241 8...... 30232 30821, 31025, 31037, 31387, 47 CFR 6105...... 32241 9...... 30232 31388, 31394, 31398, 31775, 11...... 33753 9903...... 31294 11...... 30232 31776, 32055, 32058, 32257, 15...... 33368 9904...... 31308 13...... 30232 32258, 32559, 32713, 32714, 24...... 31002 Proposed Rules: 17...... 30232 33786 36...... 32862 0...... 30186 18...... 30232 60...... 30548 54...... 32862 4...... 30186 20...... 30232 63 ...... 30548, 31038, 31405, 61 ...... 31003, 31868, 31939 7...... 30186 21...... 30232 31776, 32266 63...... 32964 8...... 30186 28...... 30232 69...... 31546 64...... 34015 15...... 30186 51...... 30232 70...... 30289 69...... 31868, 32862 16...... 30186 65...... 30232 73...... 34039 73 ...... 31005, 31006, 31007, 17...... 30186 67...... 30232 81 ...... 30291, 31394, 31398 31008, 31364, 32237, 32238, 22...... 30186 73...... 30232 86...... 30291 32239, 32240 27...... 30186 78...... 30232 122...... 31025 28...... 30186 200...... 33365 Proposed Rules: 123...... 31025 31...... 30186 1256...... 31724 1...... 31777 131...... 31025 32...... 30186 1258...... 32203 21...... 33792 132...... 31025 63...... 32964, 32971 35...... 30186 Proposed Rules: 148...... 31406 69...... 31040 42...... 30186 1190...... 30546, 33381 180...... 30549 73...... 32061, 33792 43...... 30186 1191...... 30546, 33381 185...... 30549 76...... 33792 44...... 30186 37 CFR 260...... 30548 101...... 32267 45...... 30186 261...... 30548, 31406 49...... 30186 Proposed Rules: 264...... 30548 48 CFR 51...... 30186 2...... 30802 265...... 30548 Ch. II ...... 34114 52...... 30186 3...... 30802 266...... 30548, 31406 201...... 34114 53...... 30186 Ch. II ...... 34035 268...... 31406 202...... 34114 214...... 30829 270...... 30548 38 CFR 203...... 34114 215...... 30829 271 ...... 29684, 29688, 30548, 204...... 34114 225...... 30831 4...... 30235 31406 208...... 34114 245...... 30832 17...... 30241 300 ...... 30554, 33381, 33787, 209...... 34114 252...... 30831, 30832 Proposed Rules: 33789 212...... 34114 932...... 30556 3...... 30547 372...... 33791 214...... 34114 970...... 30556 215...... 34114 41 CFR 49 CFR 39 CFR 216...... 34114 111...... 30457, 31512 51±3...... 32236 219...... 34114 171 ...... 29673, 30767, 31363 233...... 31726 51±4...... 32236 222...... 34114 172...... 30767 3001...... 30242 51±6...... 32236 224...... 34114 195...... 31364 101±38...... 31740 225...... 34114 232...... 30461 40 CFR 101±43...... 34012 227...... 34114 356...... 32040 51...... 32500 101±44...... 34012 228...... 34114 370...... 32040 52 ...... 29668, 30251, 30253, 101±45...... 34012 229...... 34114 379...... 32040 30760, 30991, 31341, 31343, 101±46...... 33751, 34012 231...... 34114 544...... 33754 31349, 31732, 31734, 31738, 301...... 30260, 33752 232...... 34114 571 ...... 34064, 31008, 31367, 32204, 32207, 32537, 32687, Proposed Rules: 233...... 34114 52538 32688, 32691, 32694, 33548, 101...... 31550 234...... 34114 583...... 33756 33999 101±47...... 33580 235...... 34114 1136...... 33028 60...... 31351, 32033 236...... 34114 1312...... 30286 42 CFR 61...... 32033 237...... 34114 Proposed Rules: 63 ...... 30258, 30993, 30995, 412...... 29902 239...... 34114 192...... 34041 31361, 32033, 32209 413...... 29902 242...... 34114 195...... 34041 70...... 31516, 33010 489...... 29902 243...... 34114 390...... 32066 73...... 34148 Proposed Rules: 245...... 34114 392...... 32066 76...... 32033 400...... 33158 246...... 34114 393...... 32066 iv Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Reader Aids

571...... 32562 604...... 33793 1157...... 32068

50 CFR 17 ...... 30772, 31740, 31748, 31757, 33029, 33038, 33368 24...... 30773 216...... 33374 285...... 30741, 32697 300...... 33039 630...... 30775 648...... 34016 660 ...... 29676, 30776, 32048, 32543, 33761 679 ...... 30280, 30283, 31010, 31367, 31369, 32048, 32049, 33375 Proposed Rules: 13...... 32189 14...... 31044 17 ...... 32070, 32189, 32268, 32733, 33383, 33388, 33390, 33798, 33799 20...... 31298 21...... 33960 23...... 31054 600 ...... 30835, 32071, 32734 622...... 32072, 33800 648 ...... 29694, 30835, 31551 660...... 30305, 31551 679 ...... 30835, 32564, 32579, 32734 Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Reader Aids v

REMINDERS Food additives: Northeastern United States Texas; comments due by 7- The items in this list were Adjuvants, production aids, fisheriesÐ 3-97; published 6-3-97 editorially compiled as an aid and sanitizersÐ Atlantic bluefish fishery, Clean Air Act: to Federal Register users. Polyethyleneglycol etc.; comments due by Federal and State operating Inclusion or exclusion from akyl(C10-C12) ether 6-30-97; published 5-29- permits programs; this list has no legal sulfosccinate etc.; 97 streamlining; comments significance. published 6-24-97 West Coast States and due by 7-3-97; published TRANSPORTATION Western Pacific 6-3-97 DEPARTMENT fisheriesÐ Hazardous waste program RULES GOING INTO Federal Aviation Nontrawl sablefish; authorizations: EFFECT JUNE 24, 1997 Administration comments due by 7-3- Missouri; comments due by Airworthiness directives: 97; published 6-3-97 6-30-97; published 5-30- AGRICULTURE AlliedSignal Inc.; published Pacific Coast groundfish; 97 DEPARTMENT 4-25-97 comments due by 7-1- Pesticides; tolerances in food, Commodity Credit Bell; published 5-20-97 97; published 6-16-97 animal feeds, and raw Corporation Boeing; published 6-9-97 CONSUMER PRODUCT agricultural commodities: Loan and purchase programs: SAFETY COMMISSION Clomazone; comments due Livestock indemnity Privacy Act; implementation; by 7-1-97; published 5-2- program; published 6-24- COMMENTS DUE NEXT 97 WEEK comments due by 7-2-97; 97 published 6-2-97 Paraquat; comments due by 7-1-97; published 5-2-97 AGRICULTURE DEFENSE DEPARTMENT DEPARTMENT AGRICULTURE Toxic substances: DEPARTMENT Federal Acquisition Regulation Federal Crop Insurance Significant new usesÐ Agricultural Marketing (FAR): Corporation 2-propenoic acid, 7- Service Specialty metals; Crop insurance regulations: oxabicyclo[4.1.0]hept- agreements with qualifying Fresh Irish Potato Diversion 3ylmethyl ester, etc.; Walnuts; published 4-25-97 countries; comments due Program; 1996 Crop; comments due by 7-2- DEFENSE DEPARTMENT by 6-30-97; published 5-1- comments due by 7-2-97; 97; published 6-2-97 Army Department published 6-2-97 97 Acrylates (generic); Military reservations and AGRICULTURE ENERGY DEPARTMENT comments due by 7-2- national cemeteries: DEPARTMENT Occupational radiation 97; published 6-2-97 Aberdeen Proving Ground, Animal and Plant Health protection: Testing requirementsÐ MD; protests, picketing, Inspection Service Guides and technical and other similar Biphenyl, etc.; comments Plant-related quarantine, standards; availability; due by 6-30-97; demonstrations; published domestic: comments due by 6-30- 6-24-97 published 3-28-97 Pink bollworm; comments 97; published 6-4-97 Water pollution control: DEFENSE DEPARTMENT due by 7-1-97; published ENERGY DEPARTMENT Ocean dumping; site Acquisition regulations: 5-2-97 Federal Energy Regulatory designationsÐ Miscellaneous amendments; AGRICULTURE Commission Mud Dump Site, NJ and published 6-24-97 DEPARTMENT Natural gas companies NY; comments due by FEDERAL Food and Consumer Service (Natural Gas Act): 6-30-97; published 5-13- COMMUNICATIONS Child nutrition programs: Research, development, and 97 COMMISSION Child and adult care food demonstrated funding; FEDERAL Common carrier services: programÐ comments due by 6-30- COMMUNICATIONS Caller ID; blocking and Child Nutrition and WIC 97; published 5-7-97 COMMISSION unblocking requirements; Reauthorization Act of ENVIRONMENTAL Radio stations; table of exemptions; published 6- 1989, et al.; PROTECTION AGENCY assignments: implementation; 24-97 West Virginia; comments comments due by 6-30- Air pollutants, hazardous; FEDERAL RETIREMENT national emission standards: due by 6-30-97; published THRIFT INVESTMENT 97; published 5-1-97 Pharmaceuticals production; 5-14-97 BOARD COMMERCE DEPARTMENT comments due by 7-2-97; FEDERAL LABOR Thrift savings plan: National Oceanic and published 5-21-97 RELATIONS AUTHORITY Atmospheric Administration Periodic participant Air quality implementation Unfair labor practice Fishery conservation and statements; definitions and plans; approval and proceedings; miscellaneous management: clarification; published 6- promulgation; various and general requirements; 24-97 Alaska; fisheries of States: comments due by 6-30-97; GENERAL SERVICES Exclusive Economic published 5-23-97 ZoneÐ District of Columbia; ADMINISTRATION comments due by 7-2-97; FEDERAL RESERVE Federal property management: Bering Sea and Aleutian published 6-2-97 SYSTEM Islands and Gulf of Utilization and disposalÐ Truth in Lending (Regulation Alaska groundfish; Indiana; comments due by Z): Excess personal property; comments due by 7-1- 7-3-97; published 6-3-97 reporting criteria; 97; published 3-31-97 Pennsylvania; comments Disclosures to consumers; published 6-24-97 Pacific halibut and red due by 7-3-97; published improvement; comments HEALTH AND HUMAN king crab; comments 6-3-97 due by 6-30-97; published SERVICES DEPARTMENT due by 6-30-97; Tennessee; comments due 4-2-97 Food and Drug published 6-9-97 by 6-30-97; published 5- INTERIOR DEPARTMENT Administration Caribbean, Gulf, and South 30-97 Fish and Wildlife Service Animal drugs, feeds, and Atlantic fisheriesÐ Texas; comments due by 6- Endangered and threatened related products: Gulf of Mexico shrimp; 30-97; published 5-30-97 species: Eprinomectin; published 6- comments due by 6-30- Air quality planning purposes; Black-footed ferrets; 24-97 97; published 4-29-97 designation of areas: reintroduction into vi Federal Register / Vol. 62, No. 121 / Tuesday, June 24, 1997 / Reader Aids

northwestern Colorado Information based indicia Boeing Model 737-600/- TRANSPORTATION and northeastern Utah; Correction; comments due 700/-800; high intensity DEPARTMENT comments due by 6-30- radiated fields (HIRF) by 6-30-97; published Surface Transportation 97; published 4-29-97 engine stoppage; 5-12-97 Board Desert bighorn sheep; TRANSPORTATION comments due by 6-30- Peninsular Ranges DEPARTMENT 97; published 5-14-97 Contracts and exemptions: population; comments due Coast Guard Class E airspace; comments Rail general exemption by 7-2-97; published 6-17- due by 6-30-97; published Drawbridge operations: authorityÐ 97 5-1-97 New York; comments due INTERIOR DEPARTMENT Nonferrous recyclables; by 6-30-97; published 4- TRANSPORTATION Minerals Management comments due by 6-30- 30-97 DEPARTMENT Service 97; published 5-16-97 Ports and waterways safety: Federal Highway Royalty management: Administration VETERANS AFFAIRS Administrative appeals Puget Sound and adjacent Motor carrier safety standards: DEPARTMENT process and alternative waters, WA; regulated dispute resolution; release navigation area; Hours of service of Adjudication; pensions, of third party proprietary comments due by 6-30- commercial motor vehicle compensation, dependency, information; comments 97; published 5-1-97 drivers; comments due by etc.: due by 7-3-97; published TRANSPORTATION 6-30-97; published 3-31- DEPARTMENT 97 Children born with spina 6-2-97 bifida of Vietnam veteran; Federal Aviation JUSTICE DEPARTMENT TRANSPORTATION monetary allowance; Administration Federal Prison Industries DEPARTMENT comments due by 6-30- Federal Prison Industries Airworthiness directives: National Highway Traffic 97; published 5-1-97 inmate work program; Boeing; comments due by Safety Administration eligibility; comments due by 7-1-97; published 5-2-97 Persian Gulf veterans; Motor vehicle safety undiagnosed illnesses 6-30-97; published 4-30-97 Pilatus Britten-Norman Ltd.; standards: compensation; comments comments due by 7-2-97; PENSION BENEFIT Lamps, reflective devices, due by 6-30-97; published published 5-27-97 GUARANTY CORPORATION and associated 4-29-97 Multiemployer plans: Rolls Royce plc; comments equipmentÐ due by 6-30-97; published Medical benefits: Mergers and transfers White reflex reflectors on 4-30-97 between multiemployer truck tractors and Vietnam veteran's children plans; comments due by Saab; comments due by 7- trailers; mounting with spina bifida 6-30-97; published 5-1-97 3-97; published 5-22-97 requirements; comments provisions; comments due POSTAL SERVICE Airworthiness standards: due by 6-30-97; by 6-30-97; published 5-1- Domestic Mail Manual: Special conditionsÐ published 5-14-97 97