Pages 36203±36338 Vol. 60 7±14±95 No. 135 federal register July 14,1995 Friday announcement ontheinsidecoverofthisissue. For informationonbriefinginWashington,DC,see Briefings onHowToUsetheFederalRegister 1 II Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995
SUBSCRIPTIONS AND COPIES
PUBLIC Subscriptions: Paper or fiche 202–512–1800 FEDERAL REGISTER Published daily, Monday through Friday, Assistance with public subscriptions 512–1806 (not published on Saturdays, Sundays, or on official holidays), by Online: the Office of the Federal Register, National Archives and Records Telnet swais.access.gpo.gov, login as newuser 2 III Contents Federal Register Vol. 60, No. 135 Friday, July 14, 1995 Agricultural Marketing Service Customs Service RULES PROPOSED RULES Peaches grown in— Copyright, trademark, and trade name protection; Washington, 36204–36205 disclosure of information, 36249–36252 Peanuts, domestically produced, 36205–36208 PROPOSED RULES Defense Department Milk marketing orders: See Air Force Department Middle Atlantic, 36239–36249 See Army Department Agriculture Department See Agricultural Marketing Service Drug Enforcement Administration See Forest Service RULES Domestic Chemical Diversion Control Act of 1993; Air Force Department implementation RULES List I chemicals; manufacturers, distributors, importers, Privacy Act; implementation, 36224 and exporters; registration NOTICES Correction, 36334 Environmental statements; availability, etc.: Andrews Air Force Base, MD; 18-hole golf course, 36266 Employment and Training Administration NOTICES Architectural and Transportation Barriers Compliance Grants and cooperative agreements; availability, etc.: Board Job Training Partnership Act— NOTICES Specialized/targeted dislocated worker services Meetings: demonstration program; correction, 36334 Americans with Disabilities Act Accessibility Guidelines Review Advisory Committee, 36258 Employment Standards Administration Army Department NOTICES NOTICES Minimum wages for Federal and federally-assisted Meetings: construction; general wage determination decisions, Science Board, 36266–36267 36310–36311 Blind or Severely Disabled, Committee for Purchase From Energy Department People Who Are See Energy Information Administration See Committee for Purchase From People Who Are Blind or See Federal Energy Regulatory Commission Severely Disabled NOTICES Defense Nuclear Facilities Safety Board recommendations: Centers for Disease Control and Prevention Rocky Flats seismic and systems safety, 36267 NOTICES Grant and cooperative agreement awards: Grants and cooperative agreements; availability, etc.: Ecomat, Inc., 36267 Teen pregnancy prevention; community coalition Electric Power Research Institute, 36267–36269 partnership programs, 36286–36290 Hydrodyne, Inc., 36269 Northeastern University, 36269 Children and Families Administration Oxley Research, Inc., 36269–36270 NOTICES Watts, John D., 36270 Agency information collection activities under OMB Meetings: review, 36283–36284 Environmental Management Site Specific Advisory Grants and cooperative agreements; availability, etc.: Board— Developmental disabilities— Idaho National Engineering Laboratory, 36270–36271 State councils and protection and advocacy programs; Nevada Test Site, 36271 State allotments, 36284–36286 Pantex Plant, 36271–36272 Commerce Department See Foreign-Trade Zones Board Energy Information Administration See International Trade Administration NOTICES See National Institute of Standards and Technology Agency information collection activities under OMB See National Oceanic and Atmospheric Administration review, 36272–36273 See Patent and Trademark Office Environmental Protection Agency Committee for Purchase From People Who Are Blind or RULES Severely Disabled Air quality implementation plans; approval and NOTICES promulgation; various States: Procurement list; additions and deletions, 36265–36266 California, 36225–36230 IV Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Contents PROPOSED RULES Old National Bancorp, 36281 Air quality implementation plans; approval and Sarver, Robert G., et al., 36281–36282 promulgation; various States: Wachovia Corp. et al., 36282 California, 36252–36253 NOTICES Fish and Wildlife Service Environmental statements; availability, etc.: NOTICES Agency statements— Environmental statements; availability, etc.: Comment availability, 36278–36279 Incidental take permits— Weekly receipts, 36179 Washington County, UT; desert tortoises, 36305–36306 Meetings: Eastern Columbia Plateau sole source aquifier Food and Drug Administration determination; peer review, 36279 NOTICES Blood establishments quality assurance; guideline Executive Office of the President availability, 36290–36291 See Management and Budget Office Human drugs: Patent extension; regulatory review period Family Support Administration determinations— See Refugee Resettlement Office RENORMAX, 36291–36292 Federal Communications Commission Foreign-Trade Zones Board RULES NOTICES Radio stations; table of assignments: Applications, hearings, determinations, etc.: Arizona, 36230–36231 New York, 36258–36259 Oregon et al., 36230 Oneida Ltd.; tableware manufacturing facilities, 36259 Virginia et al., 36231 Texas NOTICES ABB Randall Corp.; gas plant modules, 36259–36260 Agency information collection activities under OMB review, 36280–36281 Forest Service Rulemaking proceedings; petitions filed, granted, denied, NOTICES etc., 36281 Environmental statements; availability, etc.: Mt. Baker-Snoqualmie National Forest, WA, 36257–36258 Federal Energy Regulatory Commission Health and Human Services Department NOTICES Electric rate and corporate regulation filings: See Centers for Disease Control and Prevention Southwest Regional Transmission Association et al., See Children and Families Administration 36273 See Food and Drug Administration Natural gas certificate filings: See National Institutes of Health Northwest Pipeline Corp. et al., 36273–36275 See Refugee Resettlement Office RULES Applications, hearings, determinations, etc.: Grants: ANR Pipeline Co., 36275 Low-income home energy assistance program; block grant Central Hudson Gas & Electric Corp., 36275 programs Cincinnati Gas & Electric Co., 36275 Correction, 36334 Koch Gateway Pipeline Co., 36275 NOTICES Niagara Mohawk Power Corp., 36275–36276 Agency information collection activities under OMB Northern Border Pipeline Co., 36276 review, 36282–36283 Portland General Electric Co., 36276 Federal claims; interest rates on overdue debts, 36283 Puget Sound Power & Light Co., 36276 Organization, functions, and authority delegations: Questar Pipeline Co., 36276–36277 National Institutes of Health, 36299–36300 Tennessee Gas Pipeline Co., 36277 Transcontinental Gas Pipe Line Corp., 36277 Housing and Urban Development Department Williston Basin Interstate Pipeline Co., 36277–36278 NOTICES Wyoming Interstate Co., Ltd., 36278 Grants and cooperative agreements; availability, etc.: Facilities to assist homeless— Federal Maritime Commission Excess and surplus Federal property, 36300–36301 NOTICES Meetings: Casualty and nonperformance certificates: Fair housing initiatives program, 36301 Society Expeditions, Inc., et al., 36281 Multifamily project mortgage auction; bid packages availability, 36336–36338 Federal Railroad Administration Organization, functions, and authority delegations: NOTICES Multifamily Housing Directors for local field offices; Exemption petitions; etc.: secondary financing, 36301 Union Pacific Railroad, 36328 Inter-American Foundation Federal Reserve System NOTICES NOTICES Meetings; Sunshine Act, 36333 Meetings; Sunshine Act, 36333 Applications, hearings, determinations, etc.: Interior Department Great Southern Bancorp, 36281 See Fish and Wildlife Service Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Contents V See Land Management Bureau PROPOSED RULES See National Park Service Consumer information: See Surface Mining Reclamation and Enforcement Office Uniform tire quality grading standards Correction, 36255–36256 International Trade Administration Motor vehicle safety standards: NOTICES Lamps, Reflective Devices, and Associated Equipment Antidumping: Negotiated Rulemaking Committee— Fishnetting of man-made fibers from— Meetings, 36253–36255 NOTICES Japan, 36261–36262 Motor vehicle safety standards; exemption petitions, etc.: Antidumping and countervailing duties: Cantab Motors, Ltd., 36328–36329 Administrative review requests, 36260–36261 Countervailing duties: National Institute of Standards and Technology Frozen concentrated orange juice from— NOTICES Brazil, 36262 Meetings: Export trade certificates of review, 36262–36263 Malcolm Baldrige National Quality Awards— Panel of Judges, 36263 Interstate Commerce Commission NOTICES National Institutes of Health Railroad operation, acquisition, construction, etc.: NOTICES East Penn Railways, Inc., 36306–36307 Meetings: Nolan, John C., 36307 National Heart, Lung, and Blood Institute, 36292 Wisconsin & Southern Railroad Co., 36307 National Institute of Mental Health, 36292 Railroad services abandonment: Consolidated Rail Corp., 36307–36308 National Oceanic and Atmospheric Administration CSX Transportation, Inc., 36308–36309 RULES Fishery conservation and management: Justice Department Gulf of Alaska groundfish, 36236–36237 See Drug Enforcement Administration Gulf of Alaska groundfish; correction, 36237 NOTICES Pollution control; consent judgments: National Park Service American National Can Co. et al., 36309 RULES Olin Corp., 36309–36310 Special regulations: Parker, Ike, Jr., et al., 36310 Appalachian National Scenic Trail, PA; hang gliding activity, 36224–36225 NOTICES Labor Department Meetings: See Employment and Training Administration Maine Acadian Culture Preservation Commission, 36306 See Employment Standards Administration Nuclear Regulatory Commission Land Management Bureau NOTICES NOTICES Environmental statements; availability, etc.: Environmental statements; availability, etc.: Nebraska Public Power District, 36312–36313 Mesquite Regional Class III Landfill, CA, 36301–36302 Applications, hearings, determinations, etc.: Realty actions; sales, leases, etc.: Indiana Michigan Power Co., 36313–36314 Arizona, 36302–36303 Virginia Electric & Power Co., 36314–36316 California, 36303 Resource management plans, etc.: Office of Management and Budget Eugene District, OR, 36303–36305 See Management and Budget Office Management and Budget Office Patent and Trademark Office NOTICES NOTICES Equipment capitalization threshold waivers for universities Utility requirement compliance guidelines, 36263–36265 and non-profit organizations (Circulars A–21 and A– Pension Benefit Guaranty Corporation 122), 36316 RULES Multiemployer and single-employer plans: National Aeronautics and Space Administration Late premium payments and employer liability NOTICES underpayments and overpayments; interest rates, Meetings: 36208–36210 Advisory Council, 36311 Valuation of plan benefits, etc.— Procurement policies and practices; open forum, 36311– Interest rates, etc., 36212–36213 36312 Multiemployer plans: Withdrawal liability; notice and collection; interest rates, National Highway Traffic Safety Administration 36210–36212 RULES NOTICES Motor vehicle theft prevention standard: Multiemployer plans: High theft lines for 1996 model year; listing, 36231– Bond/escrow requirement; exemption requests— 36235 Associated Wholesale Grocers, Inc., 36316–36318 VI Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Contents Personnel Management Office Social Security Administration RULES NOTICES Prevailing rate systems, 36203–36204 Agency information collection activities under OMB PROPOSED RULES review, 36326–36327 Prevailing rate systems Social security acquiescence rulings: Technical corrections and clarifications, 36238–36239 Rescissions— NOTICES Aubrey v. Richardson et al., 36327–36328 Agency information collection activities under OMB review, 36316 Surface Mining Reclamation and Enforcement Office RULES Permanent program and abandoned mine land reclamation Public Health Service plan submissions: See Centers for Disease Control and Prevention North Dakota, 36213–36224 See Food and Drug Administration See National Institutes of Health Transportation Department See Federal Railroad Administration Refugee Resettlement Office See National Highway Traffic Safety Administration NOTICES Grants and cooperative agreements; availability, etc.: Treasury Department Refugee resettlement program— See Customs Service Refugee social services and former political prisoners NOTICES from Vietnam, 36292–36299 Agency information collection activities under OMB review, 36329–36332 Securities and Exchange Commission NOTICES Separate Parts In This Issue Meetings; Sunshine Act, 36333 Self-regulatory organizations; proposed rule changes: Part II Depository Trust Co., 36318–36320 Department of Housing and Urban Development, 36336– Options Clearing Corp., 36320–36321 36338 Applications, hearings, determinations, etc.: Paxson Communications Corp., 36321 Public utility holding company filings, 36321–36324 Reader Aids Additional information, including a list of public laws, Small Business Administration telephone numbers, and finding aids, appears in the Reader NOTICES Aids section at the end of this issue. Disaster loan areas: Florida, 36324–36325 Missouri, 36325 Electronic Bulletin Board Ohio, 36325 Free Electronic Bulletin Board service for Public Law Applications, hearings, determinations, etc.: numbers, Federal Register finding aids, and a list of Creditanstalt Small Business Investment Corp., 36325– documents on public inspection is available on 202–275– 36326 1538 or 275–0920. Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / 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 532 (3 documents) ...... 36203, 36204 Proposed Rules: 532...... 36238 7 CFR 921...... 36204 998...... 36205 Proposed Rules: 1004...... 36239 19 CFR Proposed Rules: 133...... 36249 21 CFR 1309...... 36334 1313...... 36334 1316...... 36334 29 CFR 2610...... 36208 2619...... 36210 2622...... 36208 2676...... 36210 2644...... 36212 30 CFR 934...... 36213 32 CFR 806b...... 36224 36 CFR 7...... 36224 40 CFR 52 (2 documents) ...... 36225, 36227 Proposed Rules: 52...... 36252 45 CFR 96...... 36334 47 CFR 73 (3 documents) ...... 36230, 36231 49 CFR 541...... 36231 Proposed Rules: 571...... 36253 575...... 36255 50 CFR 672 (4 documents) ...... 36236, 36237 36203 Rules and Regulations Federal Register Vol. 60, No. 135 Friday, July 14, 1995 This section of the FEDERAL REGISTER because they will affect only Federal surveys in the area, and is willing to contains regulatory documents having general agencies and employees. assume responsibility as lead agency for applicability and legal effect, most of which the next full-scale wage survey in List of Subjects in 5 CFR Part 532 are keyed to and codified in the Code of January 1996. Federal Regulations, which is published under Administrative practice and 50 titles pursuant to 44 U.S.C. 1510. procedure, Freedom of information, EFFECTIVE DATE: August 14, 1995. Government employees, Reporting and The Code of Federal Regulations is sold by FOR FURTHER INFORMATION CONTACT: the Superintendent of Documents. Prices of recordkeeping requirements, Wages. new books are listed in the first FEDERAL Office of Personnel Management. Angela Graham Humes, (202) 606–2848. REGISTER issue of each week. Lorraine A. Green, SUPPLEMENTARY INFORMATION: On Deputy Director. February 1, 1995, OPM published a OFFICE OF PERSONNEL Accordingly, OPM is amending 5 CFR proposed rule (60 FR 6041) to transfer MANAGEMENT part 532 as follows: lead agency responsibility for the New York, New York, FWS wage area from 5 CFR Part 532 PART 532ÐPREVAILING RATE the Department of Defense to the SYSTEMS Department of Veterans Affairs. The RIN 3206±AG56 1. The authority citation for part 532 proposed rule provided a 30-day period Prevailing Rate Systems; Change of continues to read as follows: for public comment. The only comment OPM received supported the proposed Lead Agency Responsibility for Authority: 5 U.S.C. 5343, 5346; § 532.707 Birmingham, Alabama, Wage Area for also issued under 5 U.S.C. 552. rule. Therefore, the proposed rule is Pay-Setting Purposes being adopted as a final rule. Appendix A to Subpart B [Amended] AGENCY: Regulatory Flexibility Act Office of Personnel 2. Appendix A to subpart B is Management. amended for Birmingham, Alabama, by I certify that these regulations will not ACTION: Final rule. revising the lead agency listing from have a significant economic impact on ‘‘VA’’ to ‘‘DoD.’’ SUMMARY: The Office of Personnel a substantial number of small entities Management (OPM) is issuing a final [FR Doc. 95–17275 Filed 7–13–95; 8:45 am] because they will affect only Federal rule to transfer lead agency BILLING CODE 6325±01±M agencies and employees. responsibility for the Birmingham, Alabama, Federal Wage System (FWS) List of Subjects in 5 CFR Part 532 wage area from the Department of 5 CFR Part 532 Administrative practice and Veterans Affairs (VA) to the Department RIN 3206±AG52 of Defense (DOD) for pay-setting procedure, Freedom of information, purposes. This change would recognize Prevailing Rate Systems; Change of Government employees, Reporting and the fact that DOD is now the major Lead Agency Responsibility for New recordkeeping requirements, Wages. employer of FWS employees in the York, New York, Wage Area for Pay- Office of Personnel Management. Birmingham, Alabama, FWS wage area Setting Purposes and has the capability to assume the Lorraine A. Green, AGENCY: Office of Personnel responsibility as lead agency for the Deputy Director. next full-scale survey in January 1996. Management. ACTION: EFFECTIVE DATE: August 14, 1995. Final rule. Accordingly, OPM is amending 5 CFR part 532 as follows: FOR FURTHER INFORMATION CONTACT: SUMMARY: The Office of Personnel Angela Graham Humes, (202) 606–2848. Management (OPM) is issuing a final PART 532ÐPREVAILING RATE SUPPLEMENTARY INFORMATION: rule to transfer lead agency On SYSTEMS February 1, 1995, OPM published a responsibility for the New York, New proposed rule (60 FR 6041) to transfer York, Federal Wage System (FWS) wage lead agency responsibility for the area from the Department of Defense 1. The authority citation for part 532 Birmingham, Alabama, FWS wage area (DOD) to the Department of Veterans continues to read as follows: from the Department of Veterans Affairs Affairs (VA) for pay-setting purposes. Authority: 5 U.S.C. 5343, 5346; § 532.707 to the Department of Defense. The FWS employment at Picatinny Arsenal, also issued under 5 U.S.C. 552. proposed rule provided a 30-day period as well as employment within the entire for public comment. The only comment wage area, has declined drastically since Appendix A to Subpart B [Amended] OPM received supported the proposed 1978. Further, the Picatinny Arsenal is rule. Therefore, the proposed rule is slated for realignment in 1997 under the 2. Appendix A to subpart B is being adopted as a final rule. recommendations of the Defense Base amended for New York, New York, by Closure and Realignment Commission. revising the lead agency listing from Regulatory Flexibility Act The VA Medical Center is now the ‘‘DoD’’ to ‘‘VA.’’ I certify that these regulations will not largest single employer of FWS have a significant economic impact on employees in the wage area, has the [FR Doc. 95–17276 Filed 7–13–95; 8:45 am] a substantial number of small entities resources to carry out local wage BILLING CODE 6325±01±M 36204 Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Rules and Regulations 5 CFR Part 532 DEPARTMENT OF AGRICULTURE the order, any provision of the order, or any obligation imposed in connection Agricultural Marketing Service RIN 3206±AG74 with the order is not in accordance with law and request a modification of the 7 CFR Part 921 Prevailing Rate Systems; Abolishment order or to be exempted therefrom. A of Clinton, NY, Nonappropriated Fund [Docket No. FV94±921±1FR] handler is afforded the opportunity for Wage Area a hearing of the petition. After the Termination of Marketing Order 921; hearing the Secretary would rule on the AGENCY: Office of Personnel Fresh Peaches Grown in Designated petition. The Act provides that the Management. Counties in Washington district court of the United States in any district in which the handler is an ACTION: Final rule. AGENCY: Agricultural Marketing Service, inhabitant, or has a principal place of USDA. business, has jurisdiction in equity to SUMMARY: The Office of Personnel ACTION: Termination order. review the Secretary’s ruling on the Management is issuing a final rule to petition, provided a bill in equity is abolish the Clinton, NY, SUMMARY: This document terminates the filed not later than 20 days after date of nonappropriated fund (NAF) Federal Federal marketing order for peaches the entry of the ruling. grown in designated counties in Wage System wage area and add Clinton Pursuant to requirements set forth in Washington and the rules and County, NY, as an area of application to the Regulatory Flexibility Act (RFA), the regulations issued thereunder. The the Oneida, NY, NAF wage area for Administrator of the Agricultural Secretary of Agriculture has determined Marketing Service (AMS) has paysetting purposes. that the marketing order no longer tends considered the economic impact of this EFFECTIVE DATE: August 14, 1995. to effectuate the declared policy of the action on small entities. Agricultural Marketing Agreement Act The purpose of the RFA is to fit FOR FURTHER INFORMATION CONTACT: of 1937 (Act). Results of a producer regulatory actions to the scale of Paul Shields, (202) 606–2848. referendum, held to determine the level business subject to such actions in order of support for the marketing order, that small businesses will not be unduly SUPPLEMENTARY INFORMATION: On March indicate that continuance is favored by or disproportionately burdened. 30, 1995, the Office of Personnel only 14 percent of the producers voting, Marketing orders issued pursuant to the Management (OPM) published an representing 1.5 percent of the volume Act, and rules issued thereunder, are interim rule to abolish the Clinton, NY, voted. The vote demonstrates a lack of unique in that they are brought about nonappropriated fund (NAF) Federal producer support necessary to through group action of essentially Wage System wage area and add Clinton accomplish the objectives of the Act. small entities acting on their own County, NY, as an area of application to EFFECTIVE DATE: August 14, 1995. behalf. Thus, both statutes have small the Oneida, NY, NAF wage area for pay- entity orientation and compatibility. FOR FURTHER INFORMATION CONTACT: setting purposes. The interim rule There are approximately 65 provided a 30-day period for public Mark J. Kreaggor, Marketing Order Washington peach handlers who were Administration Branch, Fruit and comment. OPM received no comments subject to regulation under the Vegetable Division, AMS, USDA, P.O. during the comment period. Therefore, marketing order and approximately 260 Box 96456, Room 2525–S, Washington, producers within the production area. the interim rule is being adopted as a DC 20090–6456, telephone (202) 720– final rule. Small agricultural producers have been 1755, or Robert Curry, Northwest defined by the Small Business Regulatory Flexibility Act Marketing Field Office, 1220 SW Third Administration [13 CFR 121.601] as Avenue, Room 369, Portland, Oregon those having annual receipts of less than I certify that these regulations will not 97204, telephone (503) 326–2724. $500,000, and small agricultural service have a significant economic impact on SUPPLEMENTARY INFORMATION: This rule firms are defined as those whose annual a substantial number of small entities is governed by the provisions of section receipts are less than $5,000,000. The because they affect only Federal 608c(16)(A) of the Agricultural majority of the Washington peach agencies and employees. Marketing Agreement Act of 1937, as handlers and producers may be List of Subjects in 5 CFR Part 532 amended [7 U.S.C. 601–674], hereinafter classified as small entities. referred to as the Act. Prior to its suspension on March 31, Administrative practice and The Department of Agriculture 1993, Marketing Order No. 921 had been procedure, Freedom of information, (Department) is issuing this rule in in effect since 1960. The marketing Government employees, Reporting and conformance with Executive Order order provided for the establishment of recordkeeping requirements, Wages. 12866. grade, size, quality, maturity, pack, This termination rule has been container and inspection requirements. Accordingly, under the authority of 5 reviewed under Executive Order 12778, In addition, the order authorized U.S.C. 5343, the interim rule amending Civil Justice Reform. This rule is not marketing research and development 5 CFR part 532 published on March 30, intended to have retroactive effect. This projects. 1995 (60 FR 16363), is adopted as final termination order will not preempt any The Washington Fresh Peach without any changes. state or local laws, regulations, or Marketing Committee (committee) met Office of Personnel Management. policies, unless they present an on May 12, 1992, and by an 11 to 1 vote irreconcilable conflict with this rule. recommended that the marketing order Lorraine A. Green, The Act provides that administrative be suspended at the end of the 1992–93 Deputy Director. proceedings must be exhausted before fiscal period. The recommendation was [FR Doc. 95–17277 Filed 7–13–95; 8:45 am] parties may file suit in court. Under made to eliminate the continued BILLING CODE 6325±01±M section 608c(15)(A) of the Act, any expense of administering the order. handler subject to an order may file Since that time, handling requirements with the Secretary a petition stating that similar to those under the Federal order Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Rules and Regulations 36205 have been promulgated through the Dated: July 10, 1995. Specialist, Marketing Order Washington State Department of Patricia Jensen, Administration Branch, Fruit and Agriculture (State) for intrastate Acting Assistant Secretary, Marketing and Vegetable Division, AMS, USDA, P.O. shipments of fresh peaches. Thus, the Regulatory Programs. Box 96456, room 2523–S, Washington, committee determined that continued [FR Doc. 95–17281 Filed 7–13–95; 8:45 am] D.C. 20090–6456; telephone: (202) 720– funding through the Federal order was BILLING CODE 3410±02±P 2170, or FAX: (202) 720–5698. an unnecessary expense. SUPPLEMENTARY INFORMATION: This rule On January 5, 1993, the Department is issued under Marketing Agreement issued an order published in the 7 CFR Part 998 No. 146 (7 CFR part 998) regulating the Federal Register [58 FR 220, January 5, [Docket No. FV95±998±2IFR] quality of domestically produced 1993] suspending all of the provisions peanuts, hereinafter referred to as the of Marketing Order No. 921 effective Amendment of Requirements agreement. This agreement is effective March 31, 1993. The action also Established Under Marketing under the Agricultural Marketing directed that a referendum be conducted Agreement No. 146 Regulating the Agreement Act of 1937, as amended (7 during the period November 13 through Quality of Domestically Produced U.S.C. 601–674), hereinafter referred to December 10, 1993, to determine if Peanuts for 1995 and Subsequent Crop as the ‘‘Act.’’ affected producers favored continuation Years The Department of Agriculture of the order. The referendum order (Department) is issuing this rule in provided that the Secretary would AGENCY: Agricultural Marketing Service, conformance with Executive Order consider terminating the order if less USDA. 12866. than two-thirds of the number of ACTION: Interim final rule with request This rule has been reviewed under producers voting, and producers of less for comments. Executive Order 12778, Civil Justice than two-thirds of the volume of Reform. This rule is not intended to peaches represented in the referendum, SUMMARY: This rule amends for the 1995 have retroactive effect. This rule will favored continuance. peanut crop and subsequent crop years Of the 260 ballots mailed to producers not preempt any State or local laws, several provisions of the incoming, regulations, or policies, unless they of record, 21 valid votes were cast, outgoing, and indemnification representing approximately 8 percent of present an irreconcilable conflict with regulations established under Marketing this rule. There are no administrative producers. The results of the Agreement No. 146. The changes are referendum indicate that only 14 procedures which must be exhausted intended to recognize industry prior to any judicial challenge to the percent of the growers who voted, operating practices and reduce the representing 1.5 percent of the volume provisions of this rule. burden on handlers without Pursuant to the requirements set forth voted, favored continuance of the order. compromising the agreement’s Thus, the vote failed to meet the in the Regulatory Flexibility Act (RFA), objective. The objective of the the Administrator of the Agricultural approval criteria by both number and agreement is to ensure that only volume. Marketing Service (AMS) has wholesome peanuts enter edible market considered the economic impact of this Given the level of producer channels. This rule was unanimously participation, as well as the action on small entities. recommended by the Peanut The purpose of the RFA is to fit demonstrated lack of producer support Administrative Committee (Committee), for the order, these results are a reliable regulatory actions to the scale of the administrative agency for this business subject to such actions in order indicator of industry sentiment, and wholesomeness assurance program. clearly demonstrate that a significant that small businesses will not be unduly DATES: portion of the producers do not favor Effective July 14, 1995. or disproportionately burdened. continuation of the order. Comments received by August 14, 1995 There are about 75 handlers of Therefore, based on the foregoing will be considered prior to issuance of peanuts subject to regulation under the considerations, pursuant to section any final rule. agreement, and about 47,000 peanut 608c(16)(A) of the Act and section ADDRESSES: Interested persons are producers in the 16 States covered 9231.64 of the order, it is found that invited to submit written comments under the program. Small agricultural Marketing Order No. 921, covering concerning this interim final rule. service firms are defined by the Small peaches grown in designated counties in Comments must be sent in triplicate to Business Administration (13 CFR Washington, does not tend to effectuate the Docket Clerk, Marketing Order 121.601) as those having annual receipts the declared policy of the Act and is Administrative Branch, F&V, AMS, of less than $5,000,000, and small hereby terminated. USDA, room 2523–S, P.O. Box 96456, agricultural producers have been Section 608c(16)(A) of the Act Washington, D.C. 20090–6456; FAX: defined as those having annual receipts requires the Secretary to notify Congress (202) 720–5698. Comments should of less than $500,000. Some of the 60 days in advance of the termination of reference the docket number, the date, handlers signatory to the agreement are a Federal marketing order. Congress was and page number of this issue of the small entities, and a majority of the so notified on March 1, 1994. Federal Register. Comments received producers may be classified as small will be made available for public List of Subjects in 7 CFR Part 921 entities. inspection in the Office of the Docket In 1994, the reported U.S. production, Marketing agreements, Peaches, Clerk during regular business hours. mostly covered under the agreement, Reporting and recordkeeping FOR FURTHER INFORMATION CONTACT: was approximately 4.25 billion pounds requirements. William G. Pimental, Marketing of peanuts, a 25 percent increase from PART 921Ð[REMOVED] Specialist, Southeast Marketing Field the short 1993 crop. The preliminary Office, Fruit and Vegetable Division, 1994 peanut crop value is $1.23 billion, For the reasons set forth in the AMS, USDA, P.O. Box 2276, Winter up 19 percent from the 1993 crop value. preamble, and under the authority of 7 Haven, Florida 33883–2276; telephone: The objective of the agreement, in U.S.C. 601–674, 7 CFR Part 921 is (941) 299–4770, or FAX: (941) 299– place since 1965, is to ensure that only removed. 5169; or Jim Wendland, Marketing wholesome peanuts enter edible market 36206 Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Rules and Regulations channels. About 70 percent of U.S. decay and which are free from visible lot identified and certified as meeting shellers (handlers), handling Aspergillus flavus. quality requirements, but such transfer approximately 95 percent of the crop, The recommendation is not being shall be only to points within the same have voluntarily signed the agreement. adopted by the Department. The current production area and ownership shall Under the agreement, farmers’ stock standards are rules of general have been retained by the handler. peanuts with visible Aspergillus flavus applicability which apply to all peanuts Upon any transferred peanuts being mold (the principal source of aflatoxin) without regard to any contractual disposed of for human consumption, are required to be diverted to non-edible agreements between individuals. Buyers they shall meet all the requirements uses. Each lot of milled peanuts must be and sellers are free to agree to a variety applicable to such peanuts’’. Currently, sampled and the samples chemically of contractual terms. However, such § 998.200 (h) Peanuts failing quality analyzed for aflatoxin contamination. agreements should not have the effect of requirements reads ‘‘(1) Handlers may Signatory handlers who comply with determining whether peanuts are sell to or contract with other handlers, these requirements may be eligible for Segregation 1 or 2 as those terms are for further handling, shelled peanuts indemnification of losses for individual defined in the regulations. (which originated from Segregation 1 lots of their peanuts which test positive Currently, § 998.100 (i) Shelled peanuts) that fail to meet the to aflatoxin. Indemnification and peanuts reads ‘‘Handlers may acquire requirements for disposition to human administrative costs are paid by from other handlers, for remilling and consumption outlets heretofore assessments levied on handlers subsequent disposition to human specified in paragraph (a) of this signatory to the agreement. consumption outlets, shelled peanuts section. Lots of peanuts disposed of in The Committee, which is composed of (which originated from ‘‘Segregation 1 this manner must be accompanied by a producers and handlers of peanuts, peanuts’’) that fail to meet the valid grade inspection certificate, and meets to review the rules and requirements specified for human must be positive lot identified. regulations effective on a continuous consumption in paragraph (a) of the Transactions made in this manner shall basis for peanuts regulated under the Outgoing Quality Regulation be reported to the Committee by both agreement. Committee meetings are (§ 998.200). Any lot of such peanuts the seller and the buyer on a form open to the public, and interested must be accompanied by a valid provided by the Committee. Any such inspection certificate for the grade persons may express their views at these peanuts acquired by handlers pursuant factors and must be positive lot meetings. The Department reviews to paragraph (i) of the Incoming Quality identified . . . Peanuts acquired Committee recommendations and Regulation (§ 998.100) shall be held and pursuant to this paragraph shall be held information, as well as information from milled separate and apart from other and milled separate and apart from other sources, and determines whether receipts or acquisitions of the receiving other receipts or acquisitions of the modification, suspension, or handler and further disposition shall be receiving handler, and further termination of the rules and regulations regulated by the requirements specified disposition shall be regulated by would tend to effectuate the declared heretofore or pursuant to paragraph paragraph (h)(1) of the Outgoing Quality policy of the Act. (h)(3) hereinafter’’. Regulation (§ 998.200)’’. This high degree of control is no The Committee met on March 22 and This rule revises paragraph (i) of longer needed. As stated earlier, the 23, 1995, and unanimously § 998.100 to allow movement of shelled peanut industry has changed recommended several changes to peanuts, which originated from dramatically from many small locally incoming, outgoing, and Segregation 1 peanuts, without owned and operated plants to large or indemnification regulations for 1995 inspection and positive lot multinational corporations with and subsequent crop peanuts. identification (PLI), from one handler to operations located throughout the The Committee recommended another and does not require the different production areas in the United amending § 998.100 Incoming quality receiving handler to hold and mill such States. Relaxing the regulation will regulation by revising paragraph (c) to peanuts separate from other receipts and allow freer movement of peanuts, more provide that commercially acquired lots acquisitions. The high degree of control efficient use of facilities, and reduced be designated as Segregation 2 peanuts currently in place for such transactions numbers of inspections, resulting in (rather than Segregation 1) by the is no longer needed because the peanut lower costs and a more competitive Federal or Federal-State Inspection industry has changed from small locally industry, without compromising the Service (Inspection Service) when owned plants to large corporations. The program’s objective. exceeding .50 percent freeze damage Committee believes that relaxing the Under paragraph (h) of § 998.200, and/or 14.49 percent loose shelled requirements will enable handlers to peanuts failing quality requirements for kernels (LSK’s) when the Inspection reduce processing and storage costs and disposition to human consumption Service is notified that a contract increase movement of peanuts without outlets can be sent to blanchers for between the producer and the handler jeopardizing the objective of the reconditioning, to domestic crushers, or specifies these more restrictive agreement. exported (when peanuts meet tolerances. Section 998.200 Outgoing quality fragmented requirements). In § 998.200 Currently, § 998.100 (b) defines regulation is being amended by revising paragraph (h)(2) reads ‘‘Handlers may Segregation 1 peanuts as farmers’ stock paragraphs (f) and (h)(1) to allow blanch or cause to have blanched peanuts with not more than 2 percent handlers to transfer peanuts to any positive lot identified shelled peanuts damaged kernels nor more than 1.00 handler or to domestic commercial (which originated from Segregation 1 percent concealed damage caused by storage without PLI and certification of peanuts) that fail to meet the rancidity, mold, or decay and which are meeting quality requirements when it requirements of paragraph (a) of this free from visible Aspergillus flavus. leaves the first facility. Currently, section because of excessive damage, Section 998.100 (c) defines Segregation § 998.200 (f) Inter-plant transfer reads minor defects, moisture, or foreign 2 peanuts as farmers’ stock peanuts with ‘‘Any handler may transfer peanuts from material or are positive as to aflatoxin: more than 2 percent damaged kernels or one plant owned by him to another of Provided, That such lots of peanuts more than 1.00 percent concealed his plants or to commercial storage, contain not in excess of 8 percent damage caused by rancidity, mold, or without having such peanuts positive damage and minor defects combined or Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Rules and Regulations 36207 2 percent foreign material. Prior to excess of 10 percent total unshelled Segregation 1 peanuts. In those cases, movement of such peanuts to a peanuts and damaged kernels or 10 the quantity of former Segregation 1 blancher, handlers shall report to the percent foreign material to Committee peanuts which were commingled will Committee, on a form furnished by the approved blanchers, rather than be exempt from program assessments. Committee, and receive authorization reworking (blanching) at their own Further, this action amends § 998.300 from the Committee for movement and facilities. Also, paragraph (h)(4) of Terms and conditions of blanching of each such lot. Lots of § 998.200 is being similarly relaxed to indemnification by establishing reduced peanuts which are moved under these allow individual handlers to move indemnification values specified in provisions must be accompanied by a failing peanuts to Committee approved paragraphs (h), (i), and (x); and revising valid grade inspection certificate and remillers for remilling shelled peanuts paragraph (z) by specifying a reduced the title shall be retained by the handler containing not in excess of 10 percent ceiling and/or number of claims to until the peanuts are blanched and total unshelled peanuts and damaged ‘‘trigger’’ payments. The certified by an inspector of the Federal kernels or 10 percent fall through or 10 indemnification value of rejects and or Federal-State Inspection Service as percent foreign material. entire lots is reduced to 35 cents per meeting the requirements for disposal However, before such peanuts go to pound from the current 45 cents. This into human consumption outlets. To be human consumption outlets, the action will reduce the problem eligible for disposal into human peanuts have to be certified as meeting encountered by the Committee and the consumption outlets, such peanuts after human consumption outlet Department on 1993 crop blanching, must meet specifications for requirements (must meet minimum indemnification claims when the unshelled peanuts, damaged kernels, requirements specified in ‘‘OTHER indemnification payment ceiling and minor defects, moisture, and foreign EDIBLE QUALITY’’ (NON- number of claims was significantly material as listed in paragraph (a) of this INDEMNIFIABLE) GRADES—WHOLE exceeded and the Department was asked section and be accompanied by an KERNELS AND SPLITS table of for and approved the authority for the aflatoxin certificate determined to be § 998.200 (a) and must also be certified Committee to spend up to $500,000 negative by the Committee * * *’’ ‘‘negative’’ (not more than 15 parts per from the indemnification reserve fund Paragraph (h)(4) of § 998.200 reads billion) as to aflatoxin). to pay the excess claims. This action is ‘‘Handlers may contract with Committee The rule recognizes the current expected to reduce by $2 million the approved remillers for remilling shelled generally more efficient, higher cost to the Committee for peanuts (which originated from technology processing capabilities of indemnification payments, and reduce Segregation 1 peanuts) that fail to meet blanchers’ and remillers’ facilities and the possibility of handlers making the requirements for disposition to practices compared with the typical indemnification, rather than the edible human consumption outlets heretofore handler’s facility and is intended to market, the primary market for peanuts specified in paragraph (a) of the provide handlers more reconditioning when regular market prices are low. Outgoing Quality Regulation: Provided, flexibility. This rule will tend to reduce When the market is weak some handlers That such lot of peanuts contain not in limitations on handlers by allowing may send their peanuts directly to excess of 8 percent damage and minor them to use blanchers’ and remillers’ indemnification rather than incur the defects combined or 10 percent fall generally more efficient grading and cost of reworking the peanuts to through or 2 percent foreign material. milling facilities to rework such improve the quality of the lots enough Prior to movement of such peanuts peanuts, improve handlers’ competitive to sell them in the edible market. under these provisions to a Committee position, especially with regards to The unchanged portions of the approved remiller, handlers shall report imported peanuts, by better utilizing incoming, outgoing, and to the Committee, on a form furnished peanut supplies and existing facilities indemnification regulations currently in by the Committee, and receive and increase peanut movement to effect for 1994 crop peanuts are left in authorization from the Committee for higher value markets. effect, as is, for 1995 and subsequent movement and remilling of each such This action also revises paragraph (j) crop years. lot. Lots of peanuts moved under these of § 998.200 to exempt certain peanuts, In accordance with the Paperwork provisions must be accompanied by a including those of a lower quality than Reduction Act of 1988 (44 U.S.C. valid grade inspection certificate and Segregation 1 for domestic crushing, Chapter 35), information collection must be positive lot identified and the from being assessed to lower the requirements that are contained in this title of such peanuts shall be retained by handlers’ costs for these lower value rule have been previously approved by the handler until the peanuts have been peanuts, as authorized by §§ 998.48 the Office of Management and Budget remilled and certified by the Federal or Assessments and 998.31 Incoming (OMB) and have been assigned OMB Federal-State Inspection Service as regulation of the agreement. No. 0581–0067. meeting the requirements for The Committee also recommended Based on the above, the Administrator disposition to human consumption that this exemption apply to Segregation of the AMS has determined that this outlets specified in paragraph (a), and 1 peanuts for crushing. However, the interim final rule will not have a be accompanied by an aflatoxin recommendation was not adopted by significant economic impact on a certificate determined to be negative by the Department because the agreement substantial number of small entities. the Committee. Remilling under these provides no authority for such an Written comments, timely received, in provisions may include composite exemption and it would require an response to this action, will be remilling of more than one such lot of amendment to the agreement through considered before finalization of this peanuts owned by the same handler. formal rulemaking procedures to add rule. However, such peanuts owned by one such authority. Segregation 1 peanuts After consideration of all relevant handler shall be held and remilled are sometimes commingled with matter presented, the information and separate and apart from all other Segregation 2 or 3 peanuts. In such recommendations submitted by the peanuts* * *’’ cases, the Segregation 1 peanuts take on Committee, and other information, it is Paragraph (h)(2) of § 998.200 is being the identity of the lower quality found that the changes set forth below relaxed to allow individual handlers to Segregation 2 or 3 peanuts, because it will tend to effectuate the declared move failing peanuts containing not in dilutes the quality of higher quality policy of the Act. 36208 Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Rules and Regulations Pursuant to 5 U.S.C. 553, it is also (f) Transfer between plants. 4. Section 998.300, is amended by found and determined, upon good Except as otherwise provided in revising the per pound indemnification cause, that it is impracticable, § 998.32 of the agreement, handlers may value ‘‘45 cents’’ to read ‘‘35 cents’’ unnecessary and contrary to the public transfer peanuts to any handler or to everywhere it appears in paragraphs (h), interest to give preliminary notice prior domestic commercial storage without (j), and (x); and the number to putting this rule into effect, and that having such peanuts positive lot ‘‘$9,000,000’’ to read ‘‘$7,000,000’’, good cause exists for not postponing the identified and certified as meeting ‘‘800’’ to read ‘‘461’’, ‘‘1300’’ to read effective date of this action until 30 days quality requirements. Upon any ‘‘616’’, ‘‘2500’’ to read ‘‘853’’, and after publication in the Federal Register transferred peanuts being disposed of ‘‘6,000’’ to read ‘‘3,412’’ everywhere because: (1) This action relaxes for human consumption, they shall meet they appear in paragraph (z) and adding requirements currently in effect for all the requirements applicable to such a new paragraph (z)(6) to read as peanut handlers, who voluntarily signed peanuts. follows: the agreement; (2) this action should be * * * * * in effect as soon as possible, because the (h) Peanuts failing quality § 998.300 Terms and conditions of requirements. (1) Handlers may sell to indemnification for 1995 and subsequent 1995 crop year begins July 1, 1995, and crop peanuts. handlers need to know the regulations or contract with other handlers, for applicable to the handling of the 1995 further handling, shelled peanuts * * * * * (z) * * * crop; and (3) this action provides a 30- (which originated from Segregation 1 (6) Notwithstanding the limits on day comment period, and any peanuts) that fail to meet the numbers of claims filed with the comments received will be considered requirements for disposition to human Committee by December 31 of the prior to finalization of this rule. consumption outlets heretofore specified in paragraph (a) of this current crop year as specified in List of Subjects in 7 CFR Part 998 section. Transactions made in this paragraphs (z) (2), (3), and (4) of this Marketing agreements, Peanuts, manner shall be reported to the section; at the time of the Annual Reporting and recordkeeping Committee by both buyer and seller on Program Meeting of the Committee and requirements. a form provided by the Committee. at any subsequent Committee meeting or meetings, the Committee shall evaluate For the reasons set forth in the Further disposition of any such peanuts claims and projections of claims’ preamble, 7 CFR part 998 is amended as acquired by handlers pursuant to expenses occurring during the current follows: paragraph (i) of § 998.100. Incoming quality regulation shall be regulated by crop year. If such projections indicate PART 998ÐMARKETING AGREEMENT the requirements specified heretofore or that the prescribed limit ($7,000,000 on REGULATING THE QUALITY OF pursuant to paragraph (h)(3) hereinafter. 1995 crop) will not be exceeded, the DOMESTICALLY PRODUCED (2) Handlers may blanch or cause to Committee shall authorize immediate PEANUTS have blanched shelled peanuts (which payment of claims as prescribed in paragraph (z) (2) or (3) of this paragraph. 1. The authority citation for 7 CFR originated from Segregation 1 peanuts) part 998 continues to read as follows: that fail to meet the requirements of Dated: July 11, 1995. paragraph (a) of this section because of Sharon Bomer Lauritsen, Authority: 7 U.S.C. 601–674. excessive damage, minor defects, Deputy Director, Fruit and Vegetable Division. 2. Section 998.100 is amended by moisture, or foreign material or are [FR Doc. 95–17383 Filed 7–13–95; 8:45 am] revising the section heading and positive as to aflatoxin: Provided, That BILLING CODE 3410±02±P paragraph (i) to read as follows: such lots of peanuts contain not in excess of 10 percent total unshelled § 998.100 Incoming quality regulation for peanuts and damaged kernels or 10 1995 and subsequent crop peanuts. PENSION BENEFIT GUARANTY percent foreign material. * ** * * * * * CORPORATION (i) Shelled peanuts. Handlers may * * * * * (4) Handlers may contract with acquire from other handlers, for 29 CFR Parts 2610 and 2622 Committee approved remillers for remilling and subsequent disposition to remilling shelled peanuts (which Late Premium Payments and Employer human consumption outlets, shelled originated from Segregation 1 peanuts) Liability Underpayments and peanuts which originated from that fail to meet the requirements for Overpayments; Interest Rate for ‘‘Segregation 1 peanuts.’’ Transactions disposition to human consumption Determining Variable Rate Premium; made in this manner shall be reported outlets heretofore specified in paragraph Amendments to Interest Rates to the Committee by both the buyer and (a) of § 998.200 Outgoing quality the seller on a form provided by the AGENCY: Pension Benefit Guaranty regulation: Provided, That such lots of Committee. Further disposition of any Corporation. peanuts contain not in excess of 10 such peanuts acquired pursuant to this percent total unshelled peanuts and ACTION: Final rule. paragraph shall be regulated by damaged kernels or 10 percent fall paragraph (h)(1) of § 998.200 Outgoing SUMMARY: This document notifies the through or 10 percent foreign quality regulation. public of the interest rate applicable to material. * * * late premium payments and employer * * * * * * * * * * 3. Section 998.200 is amended by liability underpayments and (j) Segregation 2 and 3 farmers’ stock overpayments for the calendar quarter revising paragraphs (f), (h)(1), the first disposition. sentence in paragraph (h)(2), the first beginning July 1, 1995. This interest rate sentence in paragraph (h)(4), and adding * * * * * is established quarterly by the Internal (3) Peanuts handled pursuant to the a new paragraph (j)(3) to read as follows: Revenue Service. This document also provisions of paragraphs (j) (1) and (2) sets forth the interest rates for valuing § 998.200 Outgoing quality regulation for of this section are exempt from § 998.48 unfunded vested benefits for premium 1995 and subsequent crop peanuts. Assessments. purposes for plan years beginning in * * * * * * * * * * May 1995 through July 1995. These Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Rules and Regulations 36209 interest rates are established pursuant to The PBGC publishes these monthly List of Subjects section 4006 of the Employee interest rates in appendix B on a 29 CFR Part 2610 Retirement Income Security Act of 1974, quarterly basis to coincide with the as amended. The effect of these publication of the late payment interest Employee benefit plans, Penalties, amendments is to advise plan sponsors rate set forth in appendix A. (The PBGC Pension insurance, Pensions, and and pension practitioners of these new publishes the appendix A rates every Reporting and recordkeeping requirements. interest rates. quarter, regardless of whether the rate EFFECTIVE DATE: July 1, 1995. has changed.) Unlike the appendix A 29 CFR Part 2622 FOR FURTHER INFORMATION CONTACT: rate, which is determined prospectively, Business and industry, Employee Harold J. Ashner, Assistant General the appendix B rate is not know until a benefit plans, Pension insurance, Counsel, Office of the General Counsel, short time after the first of the month for Pensions, Reporting and recordkeeping Pension Benefit Guaranty Corporation, which it applies. Accordingly, the PBGC requirements, and Small businesses. 1200 K Street, NW., Washington, DC is hereby amending appendix B to part In consideration of the foregoing, part 20005–4026; telephone 202–326–4024 2610 to add the vested benefits 2610 and part 2622 of chapter XXVI of (202–326–4179 for TTY and TTD). valuation rates for plan years beginning title 29, Code of Federal Regulations, are These are not toll-free numbers. in May of 1995 through July of 1995. hereby amended as follows: SUPPLEMENTARY INFORMATION: As part of title IV of the Employee Retirement The appendices to 29 CFR parts 2610 PART 2610ÐPAYMENT OF PREMIUMS Income Security Act of 1974, as and 2622 do not prescribe the interest rates under these regulations. Under 1. The authority citation for part 2610 amended, the Pension Benefit Guaranty continues to read as follows: Corporation collects premiums from both regulations, the appendix A rates ongoing plans to support the single- are the rates determined under section Authority: 29 U.S.C. 1302(b)(3), 1306, employer and multiemployer insurance 6601(a) of the Code. The interest rates 1307. programs. Under the single-employer in appendix B to part 2610 are 2. Appendix A to part 2610 is program, the PBGC also collects prescribed by ERISA section amended by adding a new entry for the employer liability from those persons 4006(a)(3)(E)(iii)(II) and § 2610.23(b)(1) quarter beginning July 1, 1995, to read described in ERISA section 4062(a). of the regulation. These appendices as follows. The introductory text is Under ERISA section 4007 and 29 CFR merely collect and republish the interest republished for the convenience of the § 2610.7, the interest rate to be charged rates in a convenient place. Thus, the reader and remains unchanged. on unpaid premiums is the rate interest rates in the appendices are Appendix A to Part 2610—Late established under section 6601 of the informational only. Accordingly, the Payment Interest Rates Internal Revenue Code (‘‘Code’’). PBGC finds that notice of and public The following table lists the late Similarly, under 29 CFR 2622.7, the comment on these amendments would interest rate to be credited or charged payment interest rates under § 2610.7(a) be unnecessary and contrary to the for the specified time periods: with respect to overpayments or public interest. For the above reasons, underpayments of employer liability is the PBGC also believes that good cause Interest the section 6601 rate. These interest exists for making these amendments FromÐ ThroughÐ rate rates are published by the PBGC in effective immediately. (per- appendix A to the premium regulation cent) and appendix A to the employer The PBGC has determined that none liability regulation. of these actions is a ‘‘significant regulatory action’’ under the criteria set ***** The Internal Revenue Service has July 1, 1995 ..... September 30, 9.00 announced that for the quarter forth in Executive Order 12866, because 1995. beginning July 1, 1995, the interest they will not have an annual effect on charged on the underpayment of taxes the economy of $100 million or more or 3. Appendix B to part 2610 is will be at a rate of 9 percent. adversely affect in a material way the amended by adding to the table of Accordingly, the PBGC is amending economy, a sector of the economy, interest rates new entries for premium appendix A to 29 CFR part 2610 and productivity, competition, jobs, the payment years beginning in May of 1995 appendix A to 29 CFR part 2622 to set environment, public health or safety, or through July of 1995, to read as follows. forth this rate for the July 1, 1995, State, local, or tribal governments or The introductory text is republished for through September 30, 1995, quarter. communities; create a serious the convenience of the reader and Under ERISA section inconsistency or otherwise interfere remains unchanged. 4006(a)(3)(E)(iii)(II), in determining a with an action taken or planned by single-employer plan’s unfunded vested Appendix B to Part 2610—Interest another agency; materially alter the Rates for Valuing Vesting Benefits benefits for premium computation budgetary impact of entitlements, purposes, plans must use an interest The following table lists the required grants, user fees, or loan programs or the rate equal to 80% of the annual yield on interest rates to be used in valuing a rights and obligations of recipients 30-year Treasury securities for the plan’s vested benefits under month preceding the beginning of the thereof; or raise novel legal or policy § 2610.23(b) and in calculating a plan’s plan year for which premiums are being issues arising out of legal mandates, the adjusted vested benefits under paid. Under § 2610.23(b)(1) of the President’s priorities, or the principles § 2610.23(c)(1): premium regulation, this value is set forth in Executive Order 12866. determined by reference to 30-year Because no general notice of proposed For premium payment Required years beginning inÐ interest Treasury constant maturities as reported rulemaking is required for these rate 1 in Federal Reserve Statistical Releases amendments, the Regulatory Flexibility G.13 and H.15. The PBGC publishes Act of 1980 does not apply. See 5 U.S.C. these rates in appendix B to the 601(2). ***** regulation. May 1995 ...... 5.89 36210 Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Rules and Regulations Benefits in Single-Employer Plans and single-employer regulation. Appendix B For premium payment Required years beginning inÐ interest Valuation of Plan Benefits and Plan to part 2676 sets forth the interest rates rate 1 Assets Following Mass Withdrawal. The and factors under the multiemployer former regulation contains the interest regulation. Because these rates and June 1995 ...... 5.56 July 1995 ...... 5.26 assumptions that the PBGC uses to factors are intend to reflect current value benefits under terminating single- conditions in the financial and annuity 1 The required interest rate listed above is employer plans. The latter regulation markets, it is necessary to update the equal to 80% of the annual yield for 30-year contains the interest assumptions for rates and factors periodically. Treasury constant maturities, as reported in Federal Reserve Statistical Release G.13 and valuations of multiemployer plans that The PBGC issues two sets of interest H.15 for the calendar month preceding the cal- have undergone mass withdrawal. The rates and factors, one set to be used for endar month in which the premium payment amendments set out in this final rule the valuation of benefits to be paid as year begins. adopt the interest assumptions annuities and one set for the valuation applicable to single-employer plans of benefits to be paid as lump sums. The PART 2622ÐEMPLOYER LIABILITY with termination dates in August 1995, same assumptions apply to terminating FOR WITHDRAWALS FROM AND and to multiemployer plans with single-employer plans and to TERMINATIONS OF SINGLE- valuation dates in August 1995. The multiemployer plans that have EMPLOYER PLANS effect of these amendments is to advise undergone a mass withdrawal. This 4. The authority citation for part 2622 the public of the adoption of these amendment adds to appendix B to parts continues to read as follows: assumptions. 2619 and 2676 sets of interest rates and EFFECTIVE DATE: August 1, 1995. factors for valuing benefits in single- Authority: 29 U.S.C. 1302(b)(3), 1362– employer plans that have termination 1364, 1367–68. FOR FURTHER INFORMATION CONTACT: dates during August 1995 and Harold J. Ashner, Assistant General 5. Appendix A to part 2622 is multiemployer plans that have Counsel, Office of the General Counsel, amended by adding a new entry for the undergone mass withdrawal and have Pension Benefit Guaranty Corporation, quarter beginning July 1, 1995, to read valuation dates during August 1995. as follows. The introductory text is 1200 K Street, NW., Washington, DC For annuity benefits, the interest rates republished for the convenience of the 20005, 202–326–4024 (202–326–4179 will be 6.20% for the first 20 years reader and remains unchanged. for TTY and TDD). following the valuation date and 5.75% SUPPLEMENTARY INFORMATION: This rule thereafter. For benefits to be paid as Appendix A to Part 2622—Late adopts the August 1995 interest lump sums, the interest assumptions to Payment and Overpayment Interest assumptions to be used under the be used by the PBGC will be 4.75% for Rates Pension Benefit Guaranty Corporation’s the period during which benefits are in The following table lists the late regulations on Valuation of Plan pay status and 4.00% during the period payment and overpayment interest rates Benefits in Single-Employer Plans (29 preceding the benefit’s placement in pay under § 2622.7 for the specified time CFR part 2619, the ‘‘single-employer status. The above annuity interest periods: regulation’’) and Valuation of Plan assumptions represent a decrease (from Benefits and Plan Assets Following those in effect for July 1995) of .10 Interest Mass Withdrawal (29 CFR part 2676, the percent for the first 20 years following rate ‘‘multiemployer regulation’’). FromÐ ThroughÐ (per- the valuation date and are otherwise cent) Part 2619 sets forth the methods for unchanged. The lump sum interest valuing plan benefits of terminating assumptions are unchanged (from those single-employer plans covered under in effect for July 1995). ***** title IV of the Employee Retirement Generally, the interest rates and July 1, 1995 ..... September 30, 9.00 Income Security Act of 1974, as factors under these regulations are in 1995. amended. Under ERISA section 4041(c), effect for at least one month. However, all single-employer plans wishing to the PBGC publishes its interest Issued in Washington, DC, this 10th day of terminate in a distress termination must assumptions each month regardless of July 1995. value guaranteed benefits and ‘‘benefit whether they represent a change from Martin Slate, liabilities,’’ i.e., all benefits provided the previous month’s assumptions. The Executive Director, Pension Benefit Guaranty under the plan as of the plan assumptions normally will be published Corporation. termination date, using the formulas set in the Federal Register by the 15th of [FR Doc. 95–17287 Filed 7–13–95; 8:45 am] forth in part 2619, subpart C. (Plans the preceding month or as close to that BILLING CODE 7708±01±M terminating in a standard termination date as circumstances permit. may, for purposes of the Standard The PBGC has determined that notice Termination Notice filed with PBGC, and public comment on these 29 CFR Parts 2619 and 2676 use these formulas to value benefit amendments are impracticable and liabilities, although this is not required.) contrary to the public interest. This Valuation of Plan Benefits in Single- In addition, when the PBGC terminates finding is based on the need to Employer Plans; Valuation of Plan an underfunded plan involuntarily determine and issue new interest rates Benefits and Plan Assets Following pursuant to ERISA section 4042(a), it and factors promptly so that the rates Mass Withdrawal; Amendments uses the subpart C formulas to and factors can reflect, as accurately as Adopting Additional PBGC Rates determine the amount of the plan’s possible, current market conditions. AGENCY: Pension Benefit Guaranty underfunding. Part 2676 prescribes Because of the need to provide Corporation. rules for valuing benefits and certain immediate guidance for the valuation of ACTION: Final rule. assets of multiemployer plans under benefits in single-employer plans whose sections 4219(c)(1)(D) and 4281(b) of termination dates fall during August SUMMARY: This final rule amends the ERISA. 1995, and in multiemployer plans that Pension Benefit Guaranty Corporation’s Appendix B to part 2619 sets forth the have undergone mass withdrawal and regulations on Valuation of Plan interest rates and factors under the have valuation dates during August Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Rules and Regulations 36211 1995, the PBGC finds that good cause List of Subjects for purposes of applying the formulas set exists for making the rates and factors forth in § 2619.49 (b) through (i) and in 29 CFR Part 2619 set forth in this amendment effective determining the value of any interest factor less than 30 days after publication. Employee benefit plans, Pension used in valuing benefits under this subpart The PBGC has determined that this insurance, and Pensions. to be paid as lump sums (including the return of accumulated employee action is not a ‘‘significant regulatory 29 CFR Part 2676 contributions upon death), the PBGC shall action’’ under the criteria set forth in Employee benefit plans and Pensions. employ the values of it set out in Table I Executive Order 12866, because it will hereof as follows: not have an annual effect on the In consideration of the foregoing, parts 2619 and 2676 of chapter XXVI, (1) For benefits for which the participant economy of $100 million or more or title 29, Code of Federal Regulations, are or beneficiary is entitled to be in pay status adversely affect in a material way the hereby amended as follows: on the valuation date, the immediate annuity economy, a sector of the economy, rate shall apply. productivity, competition, jobs, the PART 2619Ð[AMENDED] (2) For benefits for which the deferral environment, public health or safety, or period is y years (y is an integer and O TABLE I [Lump Sum Valuations] For plans with a valuation Immediate Deferred annuities (percent) Rate set date annuity rate On or after Before (percent) i1 i2 i3 n1 n2 ******* 22 8±1±95 9±1±95 4.75 4.00 4.00 4.00 7 8 Annuity valuations used in valuing annuity benefits under this generally as it) assumed to be in effect In determining the value of interest factors subpart, the plan administrator shall use the between specified anniversaries of a value of it prescribed in Table II hereof. valuation date that occurs within that of the form v0:n (as defined in § 2619.49(b)(1)) The following table tabulates, for each calendar month; those anniversaries are for purposes of applying the formulas set calendar month of valuation ending after the specified in the columns adjacent to the forth in § 2619.49 (b) through (i) and in effective date of this part, the interest rates rates. The last listed rate is assumed to be in determining the value of any interest factor (denoted by i1, i2, * * *, and referred to effect after the last listed anniversary date. TABLE II [Annuity Valuations] The values of it are: For valuation dates occurring in the monthÐ it for t = it for t = it for t = ******* August 1995 ...... 0620 1±20 .0575 >20 N/A N/A PART 2676Ð[AMENDED] Authority: 29 U.S.C. 1302(b)(3), introductory text of both tables is 1399(c)(1)(D), 1441(b)(1). republished for the convenience of the 3. The authority citation for part 2676 4. In appendix B, Rate Set 22 is added reader and remains unchanged. continues to read as follows: to Table I, and a new entry is added to Table II, as set forth below. The 36212 Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Rules and Regulations ≤ Appendix B to Part 2676—Interest The interest rates set forth in Table I shall be n1 TABLE I [Lump Sum Valuations] For plans with a valuation Immediate Deferred annuities (percent) Rate set date annuity rate On or after Before (percent) i1 i2 i3 n1 n2 ******* 22 8±1±95 9±1±95 4.75 4.00 4.00 4.00 7 8 Annuity Valuations used in valuing annuity benefits under this generally as it) assumed to be in effect In determining the value of interest factors subpart, the plan administrator shall use the between specified anniversaries of a values of it prescribed in the table below. valuation date that occurs within that of the form v0:n (as defined in § 2676.13(b)(1)) The following table tabulates, for each calendar month; those anniversaries are for purposes of applying the formulas set calendar month of valuation ending after the specified in the columns adjacent to the forth in § 2676.13 (b) through (i) and in effective date of this part, the interest rates rates. The last listed rate is assumed to be in determining the value of any interest factor (denoted by i1, i1, * * *, and referred to effect after the last listed anniversary date. TABLE II [Annuity Valuations] The values of it are: For valuation dates occurring in the monthÐ it for t = it for t = it for t = ******* August 1995 ...... 0620 1±20 .0575 >20 N/A N/A Issued in Washington, DC, on this 10th day of that regulation a new interest rate to charged by multiemployer pension of July 1995. be effective from July 1, 1995, to plans on withdrawal liability payments Martin Slate, September 30, 1995. The effect of the that are overdue or in default, or to be Executive Director, Pension Benefit Guaranty amendment is to advise the public of credited by plans on overpayments of Corporation. the new rate. withdrawal liability. The regulation [FR Doc. 95–17288 Filed 7–13–95; 8:45 am] EFFECTIVE DATE: July 1, 1995. allows plans to set rates, subject to BILLING CODE 7708±01±M certain restrictions. Where a plan does FOR FURTHER INFORMATION CONTACT: not set the interest rate, § 2644.3(b) of Harold J. Ashner, Assistant General the regulation provides that the rate to 29 CFR Part 2644 Counsel, Office of the General Counsel, be charged or credited for any calendar Pension Benefit Guaranty Corporation, quarter is the average quoted prime rate Notice and Collection of Withdrawal 1200 K Street NW., Washington, DC on short-term commercial loans for the Liability; Adoption of New Interest Rate 20005–4026; telephone 202–326–4024 fifteenth day (or the next business day (202–326–4179 for TTY and TDD). AGENCY: Pension Benefit Guaranty if the fifteenth day is not a business day) These are not toll-free numbers. Corporation. of the month preceding the beginning of ACTION: Final rule. SUPPLEMENTARY INFORMATION: Under the quarter, as reported by the Board of section 4219(c) of the Employee Governors of the Federal Reserve SUMMARY: This is an amendment to the Retirement Income Security Act of 1974, System in Statistical Release H. 15 Pension Benefit Guaranty Corporation’s as amended, the Pension Benefit (‘‘Selected Interest Rates’’). regulation on Notice and Collection of Guaranty Corporation promulgated a Because the regulation incorporates Withdrawal Liability. That regulation final regulation on Notice and interest rates published in Statistical incorporates certain interest rates Collection of Withdrawal Liability. That Release H.15, that release is the published by another Federal agency. regulation, codified at 29 CFR part 2644, authoritative source for the rates that are This amendment adds to the appendix deals with the rate of interest to be to be applied under the regulation. As Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Rules and Regulations 36213 a convenience to persons using the Authority: 29 U.S.C. 1302(b)(3), 1399(c)(6). Secretary’s findings, the disposition of regulation, however, the PBGC collects 2. Appendix A to part 2644 is comments, and the conditions of the applicable rates and republishes amended by adding to the end of the approval of the North Dakota program them in an appendix to part 2644. This table a new entry to read as follows: can be found in the December 15, 1980, amendment adds to this appendix the Federal Register (45 FR 82214). interest rate of 9.00 percent, which will Appendix A to Part 2644ÐTable of Subsequent actions concerning North be effective from July 1, 1995, through Interest Rates Dakota’s program and program September 30, 1995. This rate represents amendments can be found at 30 CFR no change from the rate in effect for the * * * * * 934.12, 934.13, 934.15, 934.16, and second quarter of 1995. This rate is 934.30. Date of Rate based on the prime rate in effect on June From To (per- II. Proposed Amendment 15, 1995. quotation cent) The appendix to 29 CFR part 2644 By letter dated February 17, 1994, does not prescribe interest rates under ***** North Dakota, submitted a proposed the regulation; the rates prescribed in 7/01/95 ...... 9/30/95 6/15/95 9.00 amendment to its program (Amendment the regulation are those published in No. XX, administrative record No. ND– Statistical Release H.15. The appendix Issued in Washington, DC, on this 10th U–01) pursuant to SMCRA (30 U.S.C. merely collects and republishes the days of July 1995. 1201 et seq.). North Dakota submitted rates in a convenient place. Thus, the Martin Slate, proposed revisions to its policy interest rates in the appendix are Executive Director, Pension Benefit Guaranty document entitled ‘‘Standards for informational only. Accordingly, the Corporation. Evaluation of Revegetation Success and PBGC finds that notice of and public [FR Doc. 95–17289 Filed 7–13–95; 8:45 am] Recommended Procedures for Pre- and Postmining Vegetation Assessments’’ comment on this amendment would be BILLING CODE 7708±01±M unnecessary and contrary to the public (hereinafter, the ‘‘revegetation interest. For the above reasons, the document’’) in response to required PBGC also believes that good cause DEPARTMENT OF THE INTERIOR program amendments at 30 CFR exists for making this amendment 934.16(b) through (i), (w), and (x), and effective immediately. Office of Surface Mining Reclamation at its own initiative. The PBGC has determined that this and Enforcement OSM announced receipt of the action is not a ‘‘significant regulatory proposed amendment in the March 14, action’’ under the criteria set forth in 30 CFR Part 934 1994, Federal Register (49 FR 11744), Executive Order 12866, because it will provided an opportunity for a public North Dakota Regulatory Program hearing or meeting on its substantive not have an annual effect on the adequacy, and invited public comment economy of $100 million or more or AGENCY: Office of Surface Mining on its adequacy (administrative record adversely affect in a material way the Reclamation and Enforcement (OSM), No. ND–U–05). Because no one economy, a sector of the economy, Interior. requested a public hearing or meeting, productivity, competition, jobs, the ACTION: Final rule; approval of none was held. The public comment environment, public health or safety, or amendment. period ended on April 13, 1994. State, local, or tribal governments or During its review of the amendment, communities; create a serious SUMMARY: OSM is approving, with OSM identified concerns relating to inconsistency or otherwise interfere certain exceptions and additional certain provisions of North Dakota’s with an action taken or planned by requirements, a proposed amendment to revegetation document. OSM notified another agency; materially alter the the North Dakota regulatory program North Dakota of the concerns by letter budgetary impact of entitlements, (hereinafter referred to as the ‘‘North dated September 9, 1994 (administrative grants, user fees, or loan programs or the Dakota program’’) under the Surface record No. ND–U–10). On September rights and obligations of recipients Mining Control and Reclamation Act of 14, 1994, North Dakota and OSM, thereof; or raise novel legal or policy 1977 (SMCRA). North Dakota proposed during a telephone conference, issues arising out of legal mandates, the revisions pertaining to its policy discussed certain provisions of OSM’s President’s priorities, or the principles document entitled ‘‘Standards for September 9, 1994, issue letter set forth in Executive Order 12866. Evaluation of Revegetation Success and (administrative record No. ND–U–13). Because no general notice of proposed Recommended Procedures for Pre- and North Dakota responded in a letter rulemaking is required for this Postmining Vegetation Assessments.’’ dated December 21, 1994 amendment, the Regulatory Flexibility The amendment is intended to revise (administrative record No. ND–U–14), Act of 1980 does not apply. See 5 U.S.C. this document to be consistent with the by submitting a revised amendment and 601(2). Federal regulations and to improve operational efficiency. additional explanatory information that List of Subjects in 29 CFR Part 2644 addressed the concerns identified by EFFECTIVE DATE: July 14, 1995. Employee benefit plans, Pensions. OSM. FOR FURTHER INFORMATION CONTACT: Guy Based upon the revisions to and In consideration of the foregoing, part Pagett, Telephone: (307) 261–5776. additional explanatory information for 2644 of subchapter F of chapter XXVI of SUPPLEMENTARY INFORMATION: the proposed program amendment title 29, Code of Federal Regulations, is submitted by North Dakota, OSM amended as follows: I. Background on the North Dakota reopened the public comment period in Program PART 2644ÐNOTICE AND the January 19, 1995, Federal Register COLLECTION OF WITHDRAWAL On December 15, 1980, the Secretary (60 FR 3790; administrative record No. LIABILITY of the Interior conditionally approved ND–U–15). The public comment period the North Dakota program. General ended on February 3, 1995. 1. The authority citation for part 2644 background information on the North Subsequently, North Dakota requested continues to read as follows: Dakota program, including the a meeting with OSM to discuss it’s 36214 Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Rules and Regulations December 21, 1994, revisions that were photos of areas used to develop fish and wildlife habitat, recreation, made in response to OSM’s September standards, (7) submission of maps shelter belts, or forest products, that at 9, 1994, issue letter. OSM and North which identify either the locations of the time of bond release, at least 80 Dakota met on April 11, 1995 sampling transects or the sampling areas percent of the trees and shrubs used to (administrative record No. ND–U–16). and number of randomly located sample determine success shall have been in Thereafter, by letter dated May 11, 1995 units per area, (8) submission of cover place for 60 percent of the applicable (administrative record No. ND–U–17), data in tabular form showing minimum period of responsibility. North Dakota submitted, at its own composition by species, using absolute The Director finds that North Dakota’s initiative, additional revisions and cover values with relative cover revisions of Chapter II, Section F, explanatory information to its submitted to aid in data interpretation, concerning time in place revegetation revegetation success document. (9) submission of production data by success standards for trees and shrubs Based upon the revisions to and growth form, and (10) clarification that on land reclaimed for use as woodland, additional explanatory information for actual sample means must be used in are no less effective than the Federal the proposed program amendment formulas that determine sample size regulations at 30 CFR 816.116(b)(3)(ii) submitted by North Dakota, OSM when measuring success of revegetation and 817.116(b)(3)(ii). The Director reopened the public comment period in for bond release. approves these proposed revisions and the May 23, 1995, Federal Register (60 The Federal regulations at 30 CFR removes the required amendment at 30 FR 27246; administrative record No. 816.116(a)(1) and 817.116(a)(1) require CFR 934.16(b). ND–U–23). The public comment period that standards for success of b. Chapter II, Sections F and H, ended on June 7, 1995. revegetation and statistically valid ground cover. At 30 CFR 934.16(c), OSM sampling techniques for measuring III. Director’s Findings required that North Dakota revise its success of revegetation shall be selected revegetation document to require that As discussed below, the Director, in by the regulatory authority and included evaluations of ground cover success be accordance with SMCRA and 30 CFR in an approved regulatory program. valid at the 90 percent confidence level 732.15 and 732.17, finds, with certain Because the proposed revisions (Finding No. 3, 54 FR 10141, 10142, exceptions and additional requirements, identified above clarify and generally March 10, 1989). that the proposed program amendment improve North Dakota’s revegetation North Dakota proposed to revise submitted by North Dakota on February document, the Director finds that these Chapter II, Section F, concerning 17, 1994, and as revised by it and proposed revisions are no less effective reclaimed lands developed for use as supplemented with additional than the Federal regulations at 30 CFR woodland, to require that ground cover explanatory information on December 816.116(a)(1) and 817.116(a)(1). The must be equal to or greater than 90 21, 1994, is no less effective than the Director approves the proposed percent of the approved standard with corresponding Federal regulations. revisions. Accordingly, the Director approves the 90 percent statistical confidence. North proposed amendment. 2. Substantive Revisions to North Dakota also proposed to revise Chapter Dakota’s Revegetation Document II, Section H, concerning reclaimed 1. General Substantive Revisions to Proposed in Response to Required lands developed for use as fish and North Dakota’s Revegetation Document Amendments wildlife habitat/grassland, to require North Dakota proposed revisions to its a. Chapter II, Section F, countable that ground cover must be equal to or revegetation document that are general trees and shrubs. At 30 CFR 934.16(b), greater than that of the approved in nature in that the revisions are made OSM required that North Dakota revise reference area or standard with 90 throughout the document and/or apply its revegetation document or otherwise percent statistical confidence. to most if not all success standards and amend its program to require that at The Federal regulations at 30 CFR sampling techniques for all land uses. least 80 percent of the trees and shrubs 816.116(a)(2) and 817.116(a)(2) require These revisions include (1) reference of counted to determine revegetation that the sampling techniques for technical documents used and other success have been in place for at least measuring success of revegetation shall agencies consulted during development 60 percent of the 10-year period of use a 90 percent statistical confidence of the revegetation document, (2) revegetation responsibility (Finding No. interval (i.e., one-sided test with a 0.10 limiting a permittee’s use of 26.a, 57 FR 807, 821, January 9, 1992). alpha error). revegetation success standards and North Dakota proposed to revise The Director finds that North Dakota’s sampling techniques to those approved Chapter II, Section F, concerning revisions of Chapter II, Sections F and in the revegetation document unless reclaimed lands developed for use as H, concerning the requirement to North Dakota and OSM approval is first woodland, to require for fourth-stage demonstrate success of ground cover obtained on a case-by-case basis, (3) use bond release that the permittee with 90 percent statistical confidence, of U.S. Natural Resource Conservation demonstrate that 80 percent of the total are no less effective than the Federal Service (NRCS, formerly the Soil number of trees and shrubs planted regulations at 30 CFR 816.116(a)(2) and Conservation Service) soil mapping have been in place for 60 percent of the 817.116(a)(2). The Director approves units and productivity indices liability period. In addition, North these proposed revisions and removes whenever possible, rather than soil Dakota recommended the use of the required amendment at 30 CFR series, to develop technical productivity permanent quadrats in each woodland 934.16(c). standards, (4) use of North Dakota community to document the time in c. Chapter II, Sections F and G, woody agricultural annual county cropland place requirement and required that the plant stocking. At 30 CFR 934.16(d), yields to develop a correction factor for permittee provide documentation to OSM required that North Dakota revise climatic variability, (5) use of a county- verify that not more than 20 percent of its revegetation document or otherwise wide correction factor in conjunction the number of trees and shrubs present amend its program to require that with the NRCS yield information to at year 4 have been replanted. evaluations of the success of woody adjust for climatic yield conditions on The Federal regulations at 30 CFR plant stocking be valid at the 90 percent land reclaimed for use as cropland or 816.116(b)(3)(ii) and 817.116(b)(3)(ii) confidence level (Finding No. 4, 54 FR prime farmland, (6) submission of aerial require, for areas to be developed for 10141, 10142, March 10, 1989). Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Rules and Regulations 36215 North Dakota proposed to revise North Dakota proposed to revise requirement that the stocking of trees Chapter II, Section F, concerning Chapter II, Sections F and H, concerning and shrubs normally follow current reclaimed lands developed for use as reclaimed lands developed for use as, standards and specifications developed woodland, to require that the number of respectively, (1) woodland and (2) fish by the NRCS for farmstead and field woody plants must be equal to or greater and wildlife habitat using annual crops, windbreaks in North Dakota, but also than the stocking of live woody plants to require that revegetation success must provided for allowance of stocking of the same life form of the approved be measured during the last two years, standards specified by the State Game standard with 90 percent statistical rather than the final year, of the and Fish Department or the State Forest confidence. North Dakota proposed to responsibility period. Service. revise Chapter II, Section G, concerning The Federal regulations at 30 CFR North Dakota also proposed to revise reclaimed lands developed for use as 816.116(b)(3)(ii) and 817.116(b)(3)(ii) Section G to specify that, prior to final shelterbelts, to require that density and require that trees and shrubs counted in bond release, the permittee must vigor must be equal to or greater than determining success of revegetation demonstrate in the last two years of the that of the approved standard. North shall have been in place for not less liability period that density and vigor Dakota did not revise this section to than two growing seasons. are equal to or greater than that of the require that density be demonstrated The Director finds that North Dakota’s approved standard, erosion is with 90 percent statistical confidence. revisions of Chapter II, Sections F and adequately controlled, and that at least However, Chapter III, Section D, of H, concerning the requirement to 80 percent of the trees and shrubs have North Dakota’s revegetation document measure revegetation success during the been in place for at least 60 percent of requires that density of woody last two years of the responsibility the liability period. In addition, North vegetation be measured either by direct period, are no less effective than the Dakota requires an evaluation of the count of all vegetation or by the density Federal regulations at 30 CFR diversity, seasonality, and regenerative quadrat sampling method. North Dakota 816.116(b)(3)(ii) and 817.116(b)(3)(ii). capacity of the shelterbelt based on the proposed to revise Chapter III, Section The Director approves these proposed species stocked and planting D, to require that, when using the revisions and removes the required arrangements. Regarding the time in quadrat sampling method, enough amendment at 30 CFR 934.16(e). place standard, North Dakota proposed samples must be taken to demonstrate e. Chapter II, Sections F and G, to require that the permittee provide a that the number of woody plants revegetation success standards for worksheet of each shelterbelt which established equals or exceeds the shelterbelts. At 30 CFR 934.16(f), OSM lists annual replantings of each species approved standard with 90 percent required that North Dakota revise its and that documentation may be made statistical confidence. The methods revegetation document or otherwise by tagging or marking with paint, by provided in Chapter III apply to all amend its program to include tree and photographic records, or by preservation demonstrations of woody plant density, shrub stocking and vegetative ground of sales receipts from nurseries. regardless of land use. Therefore, the cover success standards for all types of The Federal regulations at 30 CFR revegetation document requires, for land shelterbelts and clarify that trees and 816.116(b)(3) (i) through (iii) and reclaimed for use as shelterbelts, shrubs must meet time-in-place 817.116(b)(3) (i) through (iii) require, in verification of woody plant density by requirements no less than those part, that success of revegetation of direct count or by sampling with 90 established in 30 CFR 816.116(b)(3)(ii) shelterbelts be determined on the basis percent statistical confidence. (Finding No. 26.a, 57 FR 807, 821, of tree and shrub stocking and The Federal regulations at 30 CFR January 9, 1992). As discussed below, vegetative ground cover and include the 816.116(a)(2) and 817.116(a)(2) require the Director finds that North Dakota’s requirements that (1) permit specific or that the sampling techniques for proposed revisions to Chapter II, programwide minimum stocking and measuring success of revegetation shall Sections F and G, concerning planting arrangements shall be specified use a 90 percent statistical confidence revegetation success standards for by the regulatory authority on the basis interval (i.e., one-sided test with a 0.10 shelterbelts, are no less effective than of local and regional conditions and alpha error). the Federal regulations at 30 CFR after consultation with and approval by The Director finds that North Dakota’s 816.116(b)(3) and 817.116(b)(3), and the State agencies responsible for the revisions of Chapter II, Section F and removes the required amendment at 30 administration of forestry and wildlife Chapter III, Section D, concerning the CFR 934.16(f). programs, (2) trees and shrubs counted requirement to demonstrate success of i. Chapter II, Sections F and G, in determining such success shall be woody plant density with 90 percent requirements for determining healthy and have been in place for not statistical confidence, are no less revegetation success on lands developed less than two growing seasons, (3) at effective than the Federal regulations at for use as shelterbelts. North Dakota least 80 percent of the trees and shrubs 30 CFR 816.116(a)(2) and 816.116(a)(2). proposed to revise Chapter II, Section F, used to determine such success shall The Director approves these proposed concerning reclaimed lands developed have been in place for 60 percent of the revisions and removes the required for use as woodland, to delete all applicable minimum period of amendment at 30 CFR 934.16(d). discussion of shelterbelts so that Section responsibility, and (4) vegetative ground d. Chapter II, Sections F and H, F is applicable only to woodland. cover shall not be less than that required Revegetation success measurement Requirements for determination of to achieve the approved postmining period. At 30 CFR 934.16(e), OSM revegetation success on lands developed land use. required that North Dakota revise its for use as shelterbelts are included in The Director finds that North Dakota’s revegetation document or otherwise Chapter II, Section G. revisions of Chapter II, Sections F and amend its program to require that North Dakota proposed to revise G, concerning the requirements to revegetation success standards for Chapter II, Section G to define determine revegetation success on woodlands and fish and wildlife shelterbelts as a strip or belt of trees or reclaimed lands developed for use as habitats be met for at least the last two shrubs planted by man in or adjacent to shelterbelts, are no less effective than consecutive years of the revegetation a field or next to a farmstead, feedlot, or the Federal regulations at 30 CFR responsibility period (Finding No. 26.b, road, and synonymous with windbreak. 816.116(b)(3) (i) through (iii) and 57 FR 807, 822, January 9, 1992). North Dakota proposed to add the 817.116(b)(3) (i) through (iii). The 36216 Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Rules and Regulations Director approves these proposed reclaimed lands developed for use as Dakota’s revegetation document. In its revisions. fish and wildlife habitat according to response to OSM’s September 9, 1994, ii. Chapter II, Section G, replacement vegetation type, to require that (1) for issue letter, North Dakota explained that and nonreplacement shelterbelts. North woodland and shelterbelts, the these 1989 concurrence letters are still Dakota proposed to revise Chapter II, permittee address the requirements applicable because, although the Section G to (1) clarify that the specified in, respectively, Sections F original revegetation document standards in Section G apply to all and G (Section F requires that ground included shelterbelts as part of the shelterbelts that are specified in the cover on the reclaimed area equal or woodland section, the stocking and reclamation plan as a postmining land exceed 90 percent of the approved planting arrangements and success use or as otherwise required as part of standard; Section G requires that standards for woodland and fish and the approved permit, and (2) delete from density and vigor equal or exceed the wildlife habitat have not been revised Section G the discussion of approved standard and erosion be since the letters were obtained. North ‘‘replacement’’ and ‘‘nonreplacement’’ adequately controlled); (2) for grassland, Dakota refers the permittee to standards shelterbelts and their associated success the ground cover must be equal to or approved by the NRCS for shelterbelts standards. North Dakota explained in greater than the approved standard; and (see Finding No. 2.e.i above for a the cover letter to its May 11, 1995, (3) for wetland, vegetation zones and discussion of the requirements for revisions, that the intent of the dominant species must be equal to those shelterbelts). provision for shelterbelts otherwise of the approved standard. North Dakota The Federal regulations at 30 CFR required as part of the approved permit already required in Section H, for 816.116(b)(3)(i) and 817.116(b)(3)(i) was to give North Dakota the flexibility annual crops, a demonstration that the require, for areas to be developed for to require, by permit condition, that height of the standing grain crop or fish and wildlife habitat, recreation, certain shelterbelts not proposed as part residual cover is equal to or greater than shelterbelts, or forest products, that of the postmining land use may be the approved standard. minimum stocking and planting required to meet the standards in The Federal regulations at 30 CFR arrangements shall be specified by the Section G. 816.116(a)(2) and 817.116(a)(2) require regulatory authority on the basis of local As discussed Finding No. e.i above, that the standards for success for ground and regional conditions and after North Dakota has revised Chapter II, cover, production, or stocking shall be consultation with and approval by the Sections F and G to require revegetation considered equal to the approved State agencies responsible for the success standards for shelterbelts that success standard when they are not less administration of forestry and wildlife are no less effective than the Federal than 90 percent of the success standard. programs. regulations at 30 CFR 816.116(b)(3) and The Director finds that North Dakota’s Based on the 1989 letters of 817.116(b)(3). revisions of Chapter II, Section H, concurrence from the North Dakota The allowance for North Dakota to concerning the requirement that success Forest Service and the North Dakota require, as a condition of permit standards for fish and wildlife habitat Game and Fish Department, the Director approval, shelterbelts that meet the equal or exceed at least 90 percent of the finds that North Dakota’s revegetation requirements proposed in Chapter II, approved standards for each vegetation document is no less effective than the Section G, has no counterpart in the type, are no less effective than the Federal regulations at 30 CFR Federal regulations. North Dakota’s Federal regulations at 30 CFR 816.116(b)(3)(i) and 817.116(b)(3)(i), and proposal to require shelterbelts (with 816.116(a)(2) and 817.116(a)(2). The removes the required amendment at 30 the requisite performance standards for Director approves the proposed CFR 934.16(h). demonstrating success of revegetation) revisions and removes the required h. Appendix A, augmentation as a condition of permit approval is not amendment at 30 CFR 934.16(g). practices. At 30 CFR 934.16(i), OSM inconsistent with the Federal g. Chapter II, Sections F and H, required that North Dakota revise the regulations at 30 CFR 773.15(c) and consultation and approval by State definition of augmentation practices in 773.17, concerning permit approval and forestry and wildlife agencies. At 30 its revegetation document to be permit conditions. CFR 934.16(h), OSM required that North consistent with 30 CFR 816.116(c)(4) Because North Dakota has proposed to Dakota submit documentation that it has (Finding No. 9, 54 FR 10141, 10143, require the same success standards for obtained the concurrence of the March 10, 1989). all areas designated with the postmining appropriate State forestry and wildlife In Appendix A, North Dakota land use of shelterbelts, the Director agencies with the revegetation success proposed to delete the existing finds that these proposed revisions in standards for lands reclaimed to fish definition of ‘‘augmentation practices’’ Chapter II, Section G are no less and wildlife habitat, recreation, (which meant those practices used to effective than the requirements for shelterbelt, or woodland uses, or shall reestablish or replace vegetation or shelterbelts in the Federal regulations at submit revisions to its revegetation make temporary improvements to obtain 30 CFR 816.116(b)(3) and 817.116(b)(3), document and North Dakota bond release) and replace it with a and approves the proposed revisions. Administrative Code 69–05.2–22–07 or definition of ‘‘augmentation practices’’ f. Chapter II, Section H, revegetation otherwise amend its program to require meaning those practices which exceed success standards for fish and wildlife such concurrence on a permit specific the commonly used management habitat. At 30 CFR 934.16(g), OSM basis (Finding No. 8, 54 FR 10141, practices on similar unmined lands in required that North Dakota revise its 10143, March 10, 1989). the surrounding area. North Dakota also revegetation document or otherwise North Dakota submitted letters of revised Appendix A to state that the use amend its program to require that concurrence from the North Dakota of an augmentation practice on vegetative ground cover on lands Forest Service and the North Dakota reclaimed lands will reinitiate the reclaimed to fish and wildlife habitat Game and Fish Department, dated, liability period and to provide examples equal at least 90 percent of the success respectively, April 21, and May 19, of augmentation practices including (1) standard (Finding No. 7.a, 54 FR 10141, 1989. In these letters, the State agencies fertilization or irrigation on cropland, 10142, March 10, 1989). concurred with the standards for hayland, and pastureland, that is not North Dakota proposed to revise woodland and fish and wildlife habitat used as specified in the management Chapter II, Section H, concerning in Chapter II, Sections F and H, of North plan or that is used in excessive Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Rules and Regulations 36217 amounts (based on soil tests and historic outlined in North Dakota’s revegetation document at Chapter 11, Section C and use), (2) fertilization or irrigation used document. The NRCS identified its Soil North Dakota’s rule at NDAC 69–05.2– to boost production on native grassland, Tech Note 2, dated 1987, as the most 22–07(4)(d) require for final or fourth- or on grasslands in fish and wildlife current reference guideline concerning stage (equivalent to the Federal habitat, (3) reseeding native grasslands, productivity indexes and agreed that the program’s phase III) bond release on pasturelands, or grasslands in fish and sampling designs are adequate. The prime farmland that productivity equal wildlife habitat to reintroduce the NRCS also stated that the use of small to or greater than the standard must be desired species, (4) extensive replanting, grains to prove production is applicable demonstrated in each of the last 3 plugging, or addition of soil containing in the area because corn or other deep consecutive growing seasons of the propagules on wetlands, (5) extensive rooting crops are not generally grown in responsibility period. In addition, North replanting in woodlands or shelterbelts, west and west central North Dakota. Dakota’s rule at NDAC 69–05.2–26– (6) any significant surface modifications The Federal regulation at 30 CFR 05(3)(c) requires that the measurement which redisturb the topsoil, and (7) any 823.15(b)(2) requires, in part, that prime period for determining crop production change in land use that requires a seed farmland soil productivity shall be is that specified in NDAC 69–05.2–22– mix modification to support the measured using statistically valid 07(4)(d) for fourth-stage bond release on intended land use. sampling techniques that are approved prime farmland described above). The Federal regulations at 30 CFR by the regulatory authority in The Federal regulations at 30 CFR 816.116(c)(4) and 817.116(c)(4) provide consultation with the NRCS. The 800.40(c)(2) require that no part of a for the approval of selective husbandry Federal regulation at 30 CFR phase II bond shall be released until soil practices, excluding augmented seeding, 823.15(b)(6) requires that the reference productivity for prime farmland has fertilization, or irrigation, that would crop on which restoration of soil returned to the equivalent levels of yield not extend the period of responsibility productivity is proven shall be selected as nonmined land of the same soil type for revegetation success and bond from the crops most commonly in the surrounding area under liability, if such practices can be produced on the surrounding prime equivalent management practices as expected to continue as part of the farmland and that where row crops are determined from the soil survey postmining land use or if the dominant crops grown on prime performed pursuant to Section discontinuance of the practices after the farmland in the area, the row crop 507(b)(16) of the Act and 30 CFR Part liability period expires will not reduce requiring the greatest rooting depth 823. The Federal regulations at 30 CFR the probability of permanent shall be chosen as one of the reference 823.15(b)(3) require that the revegetation success. Approved crops. The Federal regulation at 30 CFR measurement period for determining practices shall be normal husbandry 823.15(b)(7) requires the NRCS average annual crop production (yield) practices within the region for unmined concurrence regarding the approved shall be a minimum of 3 crop years lands having land uses similar to the methods for determining yield prior to release of the operator’s approved postmining land use of the standards for prime farmlands. performance bond. The Federal disturbed area. Based on the December 15, 1994, regulations at 30 CFR 823.15(b)(5) The Director finds that North Dakota’s NRCS letter to North Dakota, the require that restoration of soil proposed definition of augmentation Director finds that North Dakota’s productivity shall be considered practices is consistent with the Federal revegetation document revisions are no achieved when the average yield during regulations concerning normal less effective than the Federal the measurement period equals or husbandry practices at 30 CFR regulations at (1) 30 CFR 823.15(b), exceeds the average yield of the 816.116(c)(4) and 817.116(c)(4). The concerning consultation and reference crop established for the same Director approves the proposed concurrence with the NRCS for prime period for nonmined soils of the same revisions and removes the required farmlands, and (2) 30 CFR 823.15(b)(6), or similar texture or slope phase of the amendment at 30 CFR 934.16(i). concerning the use of small grains soil series in the surrounding area under i. Chapter II, Section C, NRCS (spring wheat) rather than corn or other equivalent management practices. consultation regarding methods for deep rooting crops to prove production. Therefore, the Federal regulations at 30 measuring productivity on prime The Director removes the required CFR 800.40, concerning phase II bond farmlands and approval for yield amendments at 30 CFR 934.16 (w) and release on prime farmland, and 30 CFR determination methods on prime (x). 823.15(b), concerning the measurement farmlands. At 30 CFR 934.16 (w) and 3. Substantive Revisions to North for success of productivity on prime (x), OSM required that North Dakota farmland prior to bond release, clearly Dakota’s Revegetation Document revise its revegetation document to require a successful demonstration of Proposed as State Initiatives submit evidence of, respectively, (1) productivity using 3 years of data prior NRCS (formerly the Soil Conservation a. Chapter II, Section C, to phase II bond release (equivalent to Service) consultation regarding the demonstration of productivity prior to North Dakota’s third-stage bond release). approved methodologies for measuring bond release on prime farmland. North North Dakota’s existing rule at NDAC productivity on prime farmlands and (2) Dakota proposed to revise Chapter II, 69–05.2–22–07(3)(c) and proposed NRCS concurrence regarding the Section C, to require for third-stage revision in Chapter II, Section C in its approved methods for determining yield (equivalent to the Federal program’s revegetation document require that a standards for prime farmlands (Finding phase II) bond release on prime permittee demonstrate productivity on Nos. 28.a and b, 57 FR 807, 823, January farmland, that productivity must be prime farmland at third-stage bond 9, 1992). equal to or greater than that of the release. However, North Dakota’s North Dakota submitted with its approved reference area or standard existing rules at NDAC 69–05.2–22– revised amendment a December 15, with 90 percent statistical confidence. 07(4)(d) and 69–05.2–26–05(3)(c) and 1994, letter from the NRCS in which the This is identical to the requirement for Chapter II, Section C in its revegetation NRCS stated that it had reviewed and third-stage bond release on prime document require that the 3-year concurred with standards and sampling farmland in North Dakota’s rule at North measurement period for making a procedures for proving reclamation Dakota Administrative Code (NDAC) demonstration of productivity occur success on prime farmlands that are 69–05.2–22–07(3)(c). The revegetation prior to fourth-stage bond release. The 36218 Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Rules and Regulations Director finds that North Dakota’s rules 817.116(a) require that the success of include criteria representative of at NDAC 69–05.2–26–05(3)(c) and 69– revegetation shall be judged on the unmined lands to evaluate the 05.2–22–07(3)(c), and its revegetation effectiveness of the vegetation for the appropriate vegetation parameters of document at Chapter II, Section C, approved postmining land use, the ground cover, production, or stocking. concerning the requirement for third- extent of cover compared to the cover In response to OSM’s September 9, stage bond release on prime farmland, to occurring in natural vegetation of the 1994, issue letter, North Dakota the extent that they do not require the area, and the general requirements of submitted a December 15, 1994, NRCS permittee to demonstrate the success of Section 816.111. letter in which the NRCS stated that it productivity on prime farmland with 3 Because North Dakota proposed that has recommended estimating years of data, are less effective than the only perennial species can be used in productivity values for soil groups not Federal regulations at 30 CFR 800.40 determining the success of ground suited for pasture or hayland by using and 823.15. The Director approves the cover, North Dakota has proposed in its 50 percent of the yield of the suitability revision proposed in Chapter II, Section revegetation document, in effect, to group or soil series most similar to the C of the revegetation document that require an evaluation of permanence. unrated one. The NRCS further stated requires prime farmland productivity to North Dakota also proposed that all that most of these areas are steep, be equal to or greater than that of the species included in the approved seed shallow to bedrock, or strongly saline approved reference area or standard mixture must be present at the time of and that there are minimal acreage of with 90 percent statistical confidence final bond release. Because the these areas in the coal mining region. prior to third-stage bond release. approved seed mix is designed to attain Finally, the NRCS stated that although However, the Director also requires that the diversity and seasonality required to it has not compiled data to support North Dakota further revise Chapter II, support the approved postmining land using the 50 percent productivity level, Section C in the revegetation document use, North Dakota has proposed in its it believes that using 50 percent of the and its rules at NDAC 69–05.2–26– revegetation document, in effect, to productivity level of similar nonrated 05(3)(c) and 69–05.2–22–07(3)(c) to require an evaluation of diversity and soils adequately describes production require that the permittee demonstrate seasonality on land reclaimed for use as on these sites. restoration of productivity on prime tame pastureland. Therefore, although Based on the December 15, 1994, farmland using 3 crop years at third- North Dakota proposed deletion of NRCS letter to North Dakota, the stage bond release. OSM recommends existing discussions concerning Director finds that North Dakota’s that North Dakota then revise NDAC 69– diversity, seasonality, and permanence proposed method for estimating yields on tame pastureland, it also proposed to 05.2–22–07(4)(d) to delete the fourth- on unrated soils reclaimed for use as include requirements for evaluation of stage bond release requirement on prime tame pastureland is no less effective diversity, seasonality, and permanence farmland for successful productivity than the Federal regulations at 30 CFR that are consistent with the Federal during the last 3 consecutive growing 816.116(a)(2) and 817.116(a)(2) and regulations at 30 CFR 816.111(a)(1) and seasons. approves the proposed revision. b. Chapter II, Section E, (b)(2), 817.111(a)(1) and (b)(2), demonstration of diversity, seasonality, 816.116(a), and 817.116(a). d. Chapter II, Section H, classification and permanence prior to fourth-stage Therefore, the Director finds that of wetland vegetation on reclaimed bond release on tame pastureland. North Dakota’s proposed revisions in lands developed for use as fish and North Dakota proposed to revise Chapter II, Section E of the revegetation wildlife habitat. North Dakota proposed Chapter II, Section E, to remove existing document, concerning the evaluation of to revise Chapter II, Section H, discussions concerning the evaluation diversity, seasonality, and permanence concerning wetlands on land reclaimed of reclaimed vegetation for diversity, on land reclaimed for use as tame for use as fish and wildlife habitat, to seasonality, and permanence on areas pastureland, are no less effective than delete the State wetland classification developed for use as tame pastureland. the Federal regulations at 30 CFR system of temporary, seasonal, semi- However, North Dakota also proposed to 816.111 (a)(1) and (b)(2), 817.111 (a)(1) permanent, and permanent, and to add revise Chapter II, Section E to require and (b)(2), 816.116(a), and 817.116(a), the classification system for premining that (1) all species used in determining and approves the proposed revisions. assessments described by Stewart and ground cover must be perennial species c. Chapter II, Section E, development Kantrud (Classes I through VI). In not detrimental to the land use and (2) of a productivity standard on tame addition, North Dakota proposed to add all species included in the approved pastureland using 50 percent of the the requirement that the total acreage of seed mixture must be present at the time yield of a suitability group or soil series postmine wetland, including Class I and of final bond release. most similar to an unrated soil series. II’s, prior to final bond release for the The Federal regulations at 30 CFR North Dakota proposed to revise mine must equal the total premine 816.111(a)(1) and 817.111(a)(1) require Chapter II, Section E to allow estimated acreage. North Dakota did not propose the permittee to establish on regraded yield values to be used for those soil to revise any of the standards applicable areas and on all other disturbed areas groups that are not suited for pasture or to evaluating the success of reclaimed (except water areas and surface areas of hayland. North Dakota proposed that wetland vegetation. roads that are approved as part of the these yield values be derived using 50 The Federal regulations at 30 CFR postmining land use) a vegetative cover percent of the yield of the suitability 816.111, 816.116, 817.111, and 817.116, that is in accordance with the approved group or soil series most similar to concerning requirements for success of permit and reclamation plan and that is them. Fifty percent of the yield was revegetation, including requirements for diverse, effective, and permanent. selected, based on NRCS revegetation success on land reclaimed Additionally, the Federal regulations at recommendations, since these soils are for use as fish and wildlife habitat, do 30 CFR 816.111(b)(2) and 817.111(b)(2) rated non-suitable due to machinery not include requirements specific to require that the reestablished plant limitations and erosion rather than wetland vegetation. North Dakota’s species have the same seasonal productivity potential. proposed revisions concerning wetland characteristics of growth as the original The Federal regulations at 30 CFR classification and replacement go vegetation. Finally, the Federal 816.116(a)(2) and 817.116(a)(2) require beyond the requirements of, and are not regulations at 30 CFR 816.116(a) and that revegetation success standards inconsistent with, the Federal Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Rules and Regulations 36219 regulations at 30 CFR 816.111, 816.116, regulatory authority on the basis of local ground cover standard, concerning a 817.111, and 817.116. and regional conditions and after recreation land use, proposed in Therefore, the Director finds that consultation with and approval by the Chapter II, Section I. North Dakota’s proposed revisions in State agencies responsible for the f. Chapter III, Section C, sample Chapter II, Section H of the revegetation administration of forestry and wildlife design and sample size adequacy. North document, concerning wetlands on land programs, (2) trees and shrubs counted Dakota proposed to revise Chapter III, reclaimed for use as fish and wildlife in determining such success shall be Section C, to (1) require that the habitat, are no less effective than the healthy and have been in place for not determination of an adequate sample Federal regulations at 30 CFR 816.111, less than two growing seasons, (3) at size include an initial sampling to 816.116, 817.111, and 817.116, and least 80 percent of the trees and shrubs obtain estimates of the mean and approves the proposed revisions. used to determine such success shall variance of each site type or reference e. Chapter II, Section I, requirements have been in place for 60 percent of the area; (2) specify a minimum number of for revegetation success on reclaimed applicable minimum period of samples when hand sampling to lands developed for use as recreation, responsibility, and (4) vegetative ground determine (a) total production and cover residential, industrial, and commercial. cover shall not be less than that required on native grassland and tame North Dakota proposed to revise its to achieve the approved postmining pastureland, (b) production on revegatation document by creating a land use. cropland, or (c) total cover; and (3) new Section I in Chapter II. Proposed The Director finds that proposed require that the mean and variance Section I includes the requirements for Chapter II, Section I in North Dakota’s derived from the initial sampling be success of revegatation on lands revegetation document, with respect to used to calculate adequate sample size reclaimed for use as recreation, areas developed for residential or using (a) a two-stage sampling residential, and industrial and industrial and commercial land uses, is procedure, (b) a procedure using the commercial. North Dakota proposed to no less affective than the Federal standard error as a percentage of the require on areas developed for regulations at 30 CFR 816.116(b)(4) and mean, or (c) a procedure described for recreation, residential, and industrial 817.116(b)(4). comparing two different populations and commercial land uses, for both However, on areas developed for a (e.g., reference area and reclaimed area). third and fourth-stage bond release, recreation land use, neither the North Each of these procedures for establishment of vegetation sufficient to Dakota rule nor its revegetation determining sample size are based on control erosion and documentation document require revegetation success either a normal or binomial distribution showing that the areas are not standards for tree and shrub stocking of the population when parametric contributing suspended solids to and vegetative ground cover based on statistics are used to evaluate the streamflow or runoff outside the permit consultation with and approval from the revegetation data collected from the area. North Dakota proposed (1) a State agencies responsible for the reclaimed area. technical standard for establishment of administration of forestry and wildlife The Federal regulations at 30 CFR revegetation, measured with a point programs. Therefore, with respect to 816.116(a)(2) and 817.116(a)(2) require frame, of either 73 percent total cover areas developed for a recreation land that the sampling techniques for based on basal hits or 83 percent total use, the Director finds that the North measuring revegetation success shall cover based on first hits, (2) the Dakota rules at NDAC 69–05.2–22– use a 90-percent statistical confidence requirement that live cover included in 07(4)(j) and Chapter II, Section I in the interval (i.e., one-sided test with a 0.10 the standard must be perennial species revegetation document are less effective alpha error). not detrimental to the land use, and (3) than the Federal regulations at 30 CFR North Dakota’s proposed revisions of that either standard must be achieved 816.116(b)(3) and 817.116(b)(3). With Chapter III, Section C, concerning with 90 percent statistical confidence. the exception that Chapter II, Section I sample design, are consistent with the North Dakota’s rules at NDAC 69–05.2– does not include complete requirements Federal regulations at 30 CFR 22–07(4)(j) require that within 2 years for measuring the success of 816.116(a)(2) and 817.116(a)(2) in that after completion of grading or soil revegetation on land reclaimed for use North Dakota has clearly required that replacement, the ground cover of living as recreation, the Director approves the all sampling techniques shall use a 90 plants must not be less than required to revegetation success standards and percent statistical confidence level. control erosion on areas to be developed sampling techniques proposed by North North Dakota also proposed to revise for recreation, water areas, residential, Dakota in Chapter II, Section I of its Chapter III, Section C, concerning or industrial and commercial uses. revegetation document for areas sample design to state that, in some For areas developed for residential, or developed for recreation, residential, or cases, the sample size derived from a industrial and commercial land uses, industrial and commercial land uses. formula may appear to be unreasonably the Federal regulations at 30 CFR With respect to areas developed for a large due to non-parametric or non- 816.116(b)(4) and 817.116(b)(4) require recreation land use, the Director normal distributions and that North that the vegetative ground cover shall requires that North Dakota (1) revise its Dakota will evaluate such cases and not be less than that required to control rule at NDAC 69–05.2–22–07(4)(j) and establish a maximum sample size. erosion. Chapter II, Section I in its revegetation The distribution of (1) vegetative For areas developed for use as document to require tree and shrub cover in the arid west and (2) shrub recreation, the Federal regulations at 30 stocking standards that (a) have been density throughout the west often do CFR 816.116(b)(3) (i) through (iii) and approved by the State agencies not exhibit normal or binomial 817.116(b)(3) (i) through (iii) require, in responsible for forestry and wildlife characteristics, and the use of non- part, that success of revegetation be programs and (b) meet all other parametric statistics may be appropriate determined on the basis of tree and requirements for tree and shrub for evaluation of the revegetation data shrub stocking and vegetative ground standards included in 30 CFR collected from these reclaimed cover and include the requirements that 816.116(b)(3), and (2) provide evidence environment. Because North Dakota’s (1) permit specific or programwide of consultation with and approval from proposed requirement that all sampling minimum stocking and planting the State agencies responsible for techniques use a 90 percent statistical arrangements shall be specified by the forestry and wildlife programs for the confidence level applies whether 36220 Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Rules and Regulations parametric or non-parametric statistics characteristics are adequate to represent Based on the above discussion, the are used to evaluate the data collected, his or her reclaimed land. A map Director approves the proposed North Dakota’s provision concerning showing the location of the strips must sampling procedures allowed for non-parametric statistics is consistent be approved by North Dakota prior to demonstration of productivity of annual with the requirements for measuring for final selection. North Dakota required crops on cropland and prime farmland success of revegetation with 90 percent that the methods used to harvest the in Chapter III, Section D of North statistical confidence in the Federal representative areas must reflect a 90 Dakota’s revegetation document. regulations at 30 CFR 816.116(a)(2) and percent statistical confidence interval h. Chapter III, Section D, sample 817.116(a)(2). and recommended that the adequacy requirements for Therefore, the Director finds that representative strips be entirely demonstration of woody plant density. North Dakota’s proposed revisions of harvested to obtain a single yield value. North Dakota proposed to revise Chapter III, Section C in its revegetation North Dakota also submitted a NRCS Chapter III, Section D in its revegetation document, concerning sampling design, letter, dated December 15, 1994, which document to require, when using the are no less effective than the Federal documented NRCS consultation quadrat sampling method to measure regulations at 30 CFR 816.116(a)(2) and regarding the proposed sampling success of woody plant density, that 817.116(a)(2), and approves the techniques. The NRCS stated that it randomly placed quadrats be used to proposed revisions. agreed that the sampling designs were obtain density counts and to g. Chapter III, Section D, the sampling adequate, but recommended whole-field recommend that permanent sampling procedures allowed for demonstration harvest to eliminate any question of plots be established within each of productivity of annual crops on accuracy. planting. North Dakota proposed to cropland and prime farmland. North The Federal regulations at 30 CFR delete the requirement that sampling of Dakota proposed to revise Chapter III, 816.116(a) (1) and (2) and 817.116(a) (1) total density proceed until the Section D, to provide methods for the and (2) require that statistically valid coefficient of variation is less than or demonstration of production on areas sampling techniques be included in the equal to 20 percent, and add the reclaimed for production of annual approved program and that the requirements that enough samples must crops (cropland and prime farmland). sampling techniques for measuring be taken to (1) reflect the population North Dakota proposed to allow the use success shall use a 90-percent statistical mean with 90 percent statistical of (1) entire field harvest; (2) combined confidence interval (i.e., one-sided test confidence and (2) demonstrate that the sampling, where sampling units or with a 0.10 alpha error). For prime number of woody plants established strips must be distributed throughout farmland, the Federal regulations at 30 equals or exceeds the approved standard the entire field and the number of strips CFR 823.15(b)(2) require that soil with 90 percent statistical confidence. needed must be determined using a productivity be measured on a The Federal regulations at 30 CFR sample adequacy formula that reflects representative sample or on all of the 816.116(a)(2) and 817.116(a)(2) require, 90 percent statistical confidence; (3) mined and reclaimed area and that a in part, that the sampling techniques for hand sampling, which are limited to statistically valid sampling technique at measuring success of stocking shall use areas where the cropland reference area a 90-percent or greater statistical a 90-percent statistical confidence standard or the NRCS cropland confidence level shall be used as interval. technical standard with a control area approved by the regulatory authority in As discussed in Finding No. 2.c used for climatic correction is used, and consultation with the NRCS (formerly above, OSM is approving North Dakota’s where both the reclaimed and the the Soil Conservation Service). proposed requirement that enough reference or control areas are hand The Director finds that North Dakota’s samples must be taken to demonstrate sampled in the same manner (the proposed methods for the that the number of woody plants number of samples needed must be demonstration of production on areas established equals or exceeds the determined using a sample adequacy reclaimed for production of annual approved standard with 90 percent formula that reflects 90 percent crops (cropland and prime farmland), statistical confidence. statistical confidence); or (4) including entire field harvest, combined The Director finds that the revisions representative strips. sampling, and hand sampling, Chapter proposed in Chapter III, Section D, With respect to the use of III, Section D are no less effective than concerning the sampling procedure representative strips, North Dakota the requirements of 30 CFR used to demonstrate the success of proposed to require at least three 816.116(a)(2) and 817.116(a)(2). woody plant density, are no less representative strips of adequate size Because North Dakota (1) proposed effective than the Federal regulations at must be established which must reflect criteria for establishment of 30 CFR 816.116(a)(2) and 817.116(a)(2) the variability in soil redistribution representative strips within the and approves the proposed revisions. thickness, landscape forms, and reclaimed area that should ensure that i. Appendix A, reinforcement reclamation age occurring in the larger the strips will be representative at a 90- interseeding on native grassland as a reclaimed areas they represent. In percent statistical confidence level of normal conservation practice. North addition, each strip must extend across the total reclaimed prime farmland bond Dakota proposed to revise Appendix A, the entire tract they represent and, to release area (cropland and prime concerning normal conservation the extent possible considering the farmland), and (2) submitted evidence practices on lands reclaimed for use as above factors, should be equally spaced of consultation with the NRCS regarding native grassland, to allow restricted across the entire tract. The total acreage the demonstration of productivity on reinforcement interseeding, described of the representative strips which must prime farmland, the Director finds that below, to modify species composition or be cropped each year must, at a the representative strips method for the reestablish certain species during minimum, equal ten percent of the demonstration of production on areas establishment of the revegetated stand. entire reclaimed tract they represent. reclaimed for production of annual North Dakota referenced the NRCS July Separate representative strips must be crops (cropland and prime farmland) is 14, 1989, Technical Note, ND–12 Rev., established for each landowner, unless no less effective than the requirements entitled ‘‘Guidelines for Grass/Legume the landowner agrees that other of 30 CFR 816.116(a)(2), 817.116(a)(2), Stand Evaluation,’’ and used this representative strips having the same and 823.15(b)(2). guideline to develop the requirements Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Rules and Regulations 36221 for an evaluation of species normal conservation practices in IV. Summary and Disposition of establishment and the need for Appendix A to include the voluntary Comments reinforcement interseeding. plantings of trees and shrubs on Following are summaries of all North Dakota proposed to require a agricultural land at the request of the substantive written comments on the record of the frequency measurement of landowner or to enhance fish and proposed amendment that were the established plants and that the wildlife habitat as a normal frequency of species seeded must received by OSM, and OSM’s responses conservation practice. to them. indicate that at least 50 percent of the There is no provision in the Federal seeded species are becoming program for the planting of trees and 1. Public Comments established. A single reinforcement shrubs on agricultural land at the OSM invited public comments on the interseeding may be made prior to year request of the landowner, as proposed 4 of the bond liability period. At year 4, proposed amendment, but none were by North Dakota. The Federal the permittee may evaluate the received. regulations at 30 CFR 816.97(h) and establishment of species. If the 817.97(h) and North Dakota’s rule at 2. Federal Agency Comments permittee can demonstrate that the NDAC 69–052–13–08(5)(j) require that a Pursuant to 732.17(h)(11)(i), OSM revegetated stand has not become permittee, when the postmining land solicited comments on the proposed established, one more reinforcement use is cropland, and where appropriate amendment from various Federal interseeding would be allowed in the for crop-management practices, spring of year 5. North Dakota proposed agencies with an actual or potential to require that any interseeding after intersperse the fields with trees, hedges, interest in the North Dakota program. year 5 would restart the liability period. or fence rows throughout the harvested a. NRCS. On April 14, 1994, the U.S. The Federal regulations at 30 CFR area. The provision for voluntary NRCS responded with the following 816.116(c)(4) and 817.116(c)(4) allows planting of trees and shrubs on comments (administrative record No. the regulatory authority to select normal agricultural land either at the ND–U–09). husbandry practices if such practices landowner’s request or to enhance fish With respect to reference areas used are expected to continue as part of the and wildlife habitat is not inconsistent to demonstrate success of land postmining land use or if discontinance with the Federal regulations at 30 CFR reclaimed for use as native grassland, of the practices after the liability period 816.97(h) and 817.97(h) and North the NRCS commented that expires will not reduce the probability Dakota’s rule at NDAC 69–052–13– [l]ong term ungrazed reference areas of permanent revegetation success. Such 08(5)(j). eventually may lose integrity in representing practices must be normal husbandry The Federal regulations at 30 CFR characteristic native plant communities. practices within the region. 816.116(c)(4) and 817.116(c)(4) provide Such areas eventually tend to become In response to OSM’s September 9, for the approval of selective husbandry invaded by Kentucky Blue grass, excess litter 1994, issue letter, North Dakota practices that would not extend the accumulates, wood or other dominating overstory may increase, and species diversity submitted a copy of the NRCS July 14, period of responsibility for revegetation 1989, Technical Note, ND–12 Rev. This decreases. Grazing and/or fire historically success and bond liability, if such influenced the character of native prairie document states that, in the case of practices can be expected to continue as ecosystems. weak or spotty stands, reinforcement part of the postmining land use or if seeding or spot seeding should be discontinuance of the practices after the North Dakota’s rules at NDAC 69– considered during evaluation of stand liability period expires will not reduce 05.2–01–02 define a ‘‘reference area’’ to establishment. As set forth in Chapter II, the probability of permanent mean, in part, a land unit maintained Section D of North Dakota’s revegetation revegetation success. The term ‘‘normal under appropriate management. North document, the revegetation stand would conservation practice’’ used by North Dakota’s revegetation document at have to meet the revegetation success Dakota in its revegetation document Chapter II, Section D includes the standards for production, cover, means the same thing as the term requirements for measuring success of diversity, seasonality, and performance ‘‘normal husbandry practice’’ used in revegetation on areas reclaimed for use during the last 2 consecutive years of the Federal regulations. as native grassland. North Dakota the liability period. Therefore, the requires that the range condition of the The use of field windbreaks, or permittee would have to demonstrate reference area be similar to that of the plantings of trees and shrubs on prior to bond release that corresponding premine range site. North agricultural land, is a common discontinuance of interseeding would Dakota also recommends that, because agricultural practice in North Dakota. As not reduce the probability of permanent prior to mining disturbance a rancher discussed above, the planting of trees revegetation success. may have used the land more Based on the NRCS document and and shrubs to enhance fish and wildlife intensively than if the goal had been North Dakota’s proposal that only one habitat where appropriate for crop sustained yields for several years, interseeding prior to year 4 of the 10 management on areas with a postmining management practices which will year liability period and one conditional land use of cropland is recognized in maintain or improve the condition of interseeding in year of the liability the Federal program as a desirable the reference area be used during the period would be allowed, the Director enhancement of an agricultural land liability area and that management of finds that North Dakota’s proposal for use. the reference area should be equivalent reinforcement interseeding on reclaimed For these reasons, the Director finds to that required for the approved native grasslands is consistent with the that North Dakota’s proposed allowance postmining land use of the permit area. Federal regulations at 30 CFR in Appendix A for the planting of trees Therefore, because North Dakota’s rules 816.116(c)(4) and 817.116(c)(4) and and shrubs on agricultural land as a and revegetation document require approves it. normal conservation practice is proper management of the reference j. Appendix A, plantings of trees and consistent with the Federal regulations area used to demonstrate success of shrubs on agricultural land as a normal at 30 CFR 816.97(h), 816.116(c)(4), revegetation on lands reclaimed for use conservation practice. North Dakota 817.97(h), and 817.116(c)(4), and as native grassland, the Director is not proposed to revise the discussion of approves it. requiring that North Dakota further 36222 Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Rules and Regulations revise the revegetation document in On May 22, 1995, the U.S. NRCS amendment from the SHPO and ACHP response to this comment. responded that it had no comments on (administrative record No. ND–U–03). With respect to production on land the revised proposed amendment Neither SHPO nor ACHP responded to reclaimed for use as native grazingland, (administrative record No. ND–U–19). OSM’s request. b. Other Federal agencies. The U.S. the NRCS commented that V. Director’s Decision Mine Safety and Health Administration [NRCS] production values represent (MSHA) responded on March 16, 1994, Based on the above findings, the potential for given range sites and may not Director approves, with certain be representative of the actual pre-mined that the proposed amendment did not yields. Range condition would influence conflict MSHA regulations exceptions and additional requirements, yields on both the reference area and pre- (administrative record No. ND–U–04). North Dakota’s proposed amendment as mined area. The U.S. Fish and Wildlife Service submitted on February 17, 1994, and as responded on March 29, 1994, and June revised and supplemental with North Dakota’s revegetation document 1, 1995, that (1) the proposed additional explanatory information on at Chapter II, Section D requires an amendment was logical and reasonable December 21, 1994, and May 11, 1995. evaluation of the range condition, for all and (2) it did not anticipate any With the requirement that North range sites and the reference area, significant impacts to fish and wildlife Dakota further revise its rules and/or the according to the methodology specified resources as a result of the proposed revegetation document, the Director by the NRCS. And as discussed above, amendment (administrative record Nos. approves, as discussed in Finding No. North Dakota requires proper ND–U–07 and ND–U–21). 3.a, Chapter II, Section C, the management of the reference area for The U.S. Bureau of Mines responded requirements to demonstrate the success attainment of the postmining land use; on April 11, 1994, that it had no of productivity prior to third-stage bond in addition, the reference area must be comments on the proposed amendment release on land reclaimed for use as representative of the geology, soil, slope, (administrative record No. ND–U–08). prime farmland, and Finding No. 3.e, and vegetation in the permit area. While The U.S. Rural Economic and Chapter II, Section I, the requirements to the permittee may elect to use either Community Development responded on demonstrate the success of revegetation NRCS estimated yield values or actual May 23, 1994, that it had no comments on areas developed for recreation, yield values from the reference area to on the proposed amendment residential, or industrial and determine a productivity standard, (administrative record No. ND–U–20). commercial land uses. North Dakota requires that the permittee The U.S. Agricultural Research The Director approves, as discussed demonstrate restoration of the Service, Northern Great Plains Research in: Finding No. 1, the proposed production potential of the soils in the Laboratory, responded on May 30, 1994, revisions in the revegetation document permit area. For these reasons, the that it had no comments on the not otherwise specifically discussed, Director is not requiring that North proposed amendment (administrative Finding Nos. 2.a. through 2.i, various Dakota further revise its revegetation record No. ND–U–22). revisions in the revegetation document document in response to these The U.S. Army Corps of Engineers made in response to required comments. responded on June 5, 1995, that it found amendments; Finding No. 3.b, Chapter With respect to NRCS pasture and the proposed amendment to be II, Section E, the required evaluation of hayland yields, NRCS commented that satisfactory (administrative record No. reclaimed vegetation for diversity, ND–U–24). seasonality, and permanence on areas [c]urrently, pasture and hayland yields are developed for use as tame pastureland; under evaluation for revision. Some yields 3. Environmental Protection Agency Finding No. 3.c, Chapter II, Section E, are apparently too high. Revisions will be (EPA) Concurrence and Comments based on available research data. the use of estimated yields to develop a Pursuant to 30 CFR 732.17(h)(11)(ii), productivity standard for soils that are North Dakota’s revegetation document OSM is required to solicit the written not rated for use as pastureland on land at Chapter II, Section E requires the use concurrence of EPA with respect to reclaimed for use as tame pastureland; of NRCS estimates yield figures for those provisions of the proposed Finding No. 3.d, Chapter II, Section H, setting a technical productivity standard program amendment that relate to air or wetland classification and replacement by which the success of revegetation water quality standards promulgated requirements; Finding No. 3.f, Chapter will be measured on land reclaimed for under the authority of the Clean Water III, Section C, sample design and sample use as pastureland. North Dakota also Act (33 U.S.C. 1251 et seq.) or the Clean size adequacy; Finding No. 3.g, Chapter states in its revegetation document at Air Act (42 U.S.C. 7401 et seq.). III, Section D, the use of entire field Chapter II, Section B, concerning data None of the revisions that North harvest, combined sampling, hand sources, that when new data are Dakota proposed to make in its sampling, or representative strips as published by the NRCS, updated tables amendment pertain to air or water procedures for demonstrating will be forwarded to the mining quality standards. Therefore, OSM did productivity on land reclaimed for use companies and OSM. The permittee will not request EPA’s concurrence. as cropland or prime farmland; Finding therefore be using the most current Pursuant to 732.17(h)(11)(i), OSM No. 3.h, Appendix A, the use of NRCS estimated yields to determine any solicited comments on the proposed restricted interseeding as a normal technical standards used in amendment from EPA (administrative conservation practice on land reclaimed demonstrating the success of record No. ND–U–03. EPA responded for use as native grassland; and Finding productivity on lands reclaimed for use on March 21, 1994, that it had no No. 3.i, Appendix A, the voluntary as tame pastureland. Where the comments on the proposed amendment plantings of trees and shrubs on permittee elects to use a reference area (administrative record No. ND–U–06). agricultural land at the request of the to determine the productivity standard, landowner or to enhance fish and the actual yield measurements will be 4. State Historic Preservation Officer wildlife habitat as a normal used. For these reasons, the Director is (SHPO) and the Advisory Council on conservation practice. not requiring that North Dakota further Historic Preservation (ACHP) The Federal regulations at 30 CFR revise the revegetation document in Pursuant to 30 CFR 732.17(h)(4), OSM Part 934, codifying decisions concerning response to this comment. solicited comments on the proposed the North Dakota Program, are being Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Rules and Regulations 36223 amended to implement this decision. 730.11, 732.15, and 732.17(h)(10), PART 934ÐNorth Dakota This final rule is being made effective decisions on proposed State regulatory immediately to expedite the State programs and program amendments 1. The authority citation for Part 934 program amendment process and to submitted by the States must be based continues to read as follows: encourage States to bring their programs solely on a determination of whether the Authority: 30 U.S.C. 1201 et seq. into conformity with the Federal submittal is consistent with SMCRA and 2. Section 934.15 is amended by standards without undue delay. its implementing Federal regulations adding paragraph (u) to read as follows: Consistency of State and Federal and whether the other requirements of standards is required by SMCRA. 30 CFR Parts 730, 731, and 732 have § 934.15 Approval of amendments to the In accordance with 30 CFR been met. North Dakota regulatory program. 732.17(f)(1), the Director is also taking * * * * * this opportunity to clarify in the 3. National Environmental Policy Act (u) With the exceptions of Chapter II, Section C, to the extent that it allows the required amendment section at 30 CFR No environmental impact statement is demonstration of productivity with less 934.16 that, within 60 days of the required for this rule since section than 3 years of crop data prior to third- publication of this final rule, North 702(d) of SMCRA (30 U.S.C. 1292(d)) stage bond release on lands reclaimed Dakota must either submit a proposed provides that agency decisions on for use as prime farmland; and Chapter written amendment, or a description of proposed State regulatory program II, Section I, to the extent that it does not an amendment to the proposed that provisions do not constitute major meets the requirements of SMCRA and include complete requirements for Federal actions within the meaning of measuring the success of revegetation 30 CFR Chapter VII and a timetable for section 102(2)(C) of the National enactment that is consistent with North on land reclaimed for use as recreation; Environmental Policy Act of 1969 (42 revisions to North Dakota’s policy Dakota’s established administrative or U.S.C. 4332(2)(C)). legislative procedures. document entitled ‘‘Standards for Section 503 of SMCRA provides that 4. Paperwork Reduction Act Evaluation of Revegetation Success and a State may not exercise jurisdiction Recommended Procedures for Pre- and under SMCRA unless the State program This rule does not contain Postmining Vegetation Assessments,’’ as is approved by the Secretary. Similarly, information collection requirements that submitted to OSM on February 17, 1994, 30 CFR 732.17(a) requires that any require approval by OMB under the and as revised and supplemented with alteration of an approved State program Paperwork Reduction Act (44 U.S.C. explanatory information on December be submitted to OSM for review as a 3507 et seq.). 21, 1994, and May 11, 1995, are program amendment. Thus, any changes 5. Regulatory Flexibility Act approved effective July 14, 1995. to the State program are not enforceable 3. Section 934.16 is amended by until approved by OSM. The Federal The Department of the Interior has revising the introductory paragraph, removing and reserving paragraphs (b) regulations at 30 CFR 732.17(g) prohibit determined that this rule will not have through (i), (w), and (x), and adding any unilateral changes to approved State a significant economic impact on a paragraphs (aa) and (bb) to read as programs. In the oversight of the North substantial number of small entities follows: Dakota program, the Director will under the Regulatory Flexibility Act (5 recognize only the statutes, regulations U.S.C. 601 et seq.). The State submittal § 934.16 Required program amendments. and other materials approved by OSM, that is the subject of this rule is based Pursuant to 30 CFR 732.17(f)(1), North together with any consistent upon counterpart Federal regulations for Dakota is required to submit to OSM by implementing policies, directives and which an economic analysis was the specified date the following written, other materials, and will require the prepared and certification made that proposed program amendment, or a enforcement by North Dakota of only such regulations would not have a description of an amendment to be such provisions. significant economic effect upon a proposed that meets the requirements of substantial number of small entities. VI. Procedural Determinations SMCRA and 30 CFR Chapter VII and a Accordingly, this rule will ensure that timetable for enactment that is 1. Executive Order 12866 existing requirements previously consistent with North Dakota’s promulgated by OSM will be This rule is exempted from review by established administrative or legislative implemented by the State. In making the procedures. the Office of Management and Budget determination as to whether this rule (OMB) under Executive Order 12866 would have a significant economic * * * * * (aa) By September 12, 1995, North (Regulatory Planning and Review). impact, the Department relied upon the Dakota shall revise Chapter II, Section C 2. Executive Order 12778 data and assumptions for the in its revegatation document and its counterpart Federal regulations. The Department of the Interior has rules at NDAC 69–05.2–22–07(3)(c) and conducted the reviews required by List of Subjects in 30 CFR Part 934 69–05.2–26–05(3)(c) to require that, section 2 of Executive Order 12778 prior to third-stage bond release on land (Civil Justice Reform) and has Intergovernmental relations, Surface reclaimed for use as prime farmland, the determined that this rule meets the mining, Underground mining. permittee demonstrate restoration of applicable standards of subsections (a) Dated: July 6, 1995. productivity using 3 crop years. and (b) of that section. However, these Richard J. Seibel, (bb) By September 12, 1995, North standards are not applicable to the Regional Director, Western Regional Dakota shall revise Chapter II, Section I actual language of State regulatory Coordinating Center. it its revegetation document and its rule programs and program amendments at NDAC 69–05.2–22–07(4)(j) to require since each such program is drafted and For the reasons set out in the tree and shrub stocking standards that promulgated by a specific State, not by preamble, Title 30, Chapter VII, meet all requirements in 30 CFR OSM. Under sections 503 and 505 of Subchapter T of the Code of Federal 816.116(b)(3), including approval by the SMCRA (30 U.S.C. 1253 and 12550) and Regulations is amended as set forth appropriate State agencies, on land the Federal regulations at 30 CFR below: reclaimed for use as recreation. North 36224 Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Rules and Regulations Dakota shall also provide Paperwork Reduction Act December 31, 1995. Written comments documentation of consultation with and The Director, Administration and will be accepted through September 12, approval from the appropriate State Management, Office of the Secretary of 1995. agencies for the ground cover standard Defense certifies that this Privacy Act ADDRESSES: Comments should be in chapter II, Section I on land rule for the Department of Defense addressed to: Project Manager, reclaimed for use as recreation. imposes no information requirements Appalachian Trail Project Office, [FR Doc. 95–17166 Filed 7–13–95; 8:45 am] beyond the Department of Defense and National Park Service, c/o Harpers Ferry Center, Harpers Ferry, WV 25425. BILLING CODE 4310±05±M that the information collected within the Department of Defense is necessary FOR FURTHER INFORMATION CONTACT: and consistent with 5 U.S.C. 552a, Donald T. King, Project Manager, known as the Privacy Act of 1974. Appalachian Trail Project Office, DEPARTMENT OF DEFENSE National Park Service, c/o Harpers Ferry List of Subjects in 32 CFR Part 806b Center, Harpers Ferry, WV 25425. Department of the Air Force Privacy. SUPPLEMENTARY INFORMATION: 32 CFR Part 806b Accordingly, 32 CFR part 806b is Background amended as follows: [Air Force Reg. 37±132] The Appalachian National Scenic PART 806bÐAIR FORCE PRIVACY Trail (AT) is a north-south hiking trail Air Force Privacy Act Program ACT PROGRAM that stretches nearly 2,200 miles from Maine to Georgia along the crest of the AGENCY: Department of the Air Force, 1. The authority citation for 32 CFR DOD. Appalachian Mountains. The AT is part 806b continues to read as follows: administered by the Secretary of the ACTION: Final rule. Authority: Pub. L. 93–579, 88 Stat 1896 (5 Interior, National Park Service, as part U.S.C. 552a). SUMMARY: The Department of the Air of the National Trails System. Force is deleting an exemption rule. The Appendix C to Part 806b [Amended] At its inception, the AT traversed mostly private lands. Use of the private rule was for the system of records notice 2. Appendix C to part 806b is F030 AF LE A, entitled Equal lands was enjoyed not only by hikers, amended by removing and reserving but also by other types of outdoor Opportunity in Off-Base Housing. The paragraph (b)(8). notice has already been amended to enthusiasts. In the late 1970’s, hang Dated: June 27, 1995. reflect this change. gliders in the area of Fox Gap, Linda M. Bynum, Pennsylvania, with the permission of EFFECTIVE DATE: July 14, 1995. Alternate OSD Federal Register Liaison the landowner, were launching from the FOR FURTHER INFORMATION CONTACT: Ms. Officer, Department of Defense. ridgetop known as Kirkridge, along the Anne Turner at (703) 697–3491 or DSN [FR Doc. 95–17110 Filed 7–13–95; 8:45 am] Appalachian Mountains. The hang 227–3491. BILLING CODE 5000±04±F gliders formally organized and SUPPLEMENTARY INFORMATION: Executive established the WGHGC for the purpose Order 12866. The Director, of promoting the safety of hang gliding Administration and Management, Office DEPARTMENT OF THE INTERIOR and addressing liability issues. of the Secretary of Defense has Originally, the WGHGC used the area determined that this Privacy Act rule for National Park Service with the expressed permission of the the Department of Defense does not landowner and, after the area was constitute ‘significant regulatory action’. 36 CFR Part 7 acquired by the NPS, the WGHGC Analysis of the rule indicates that it requested permission from the NPS and RIN 1024±AC36 does not have an annual effect on the was issued a SUP to continue using the economy of $100 million or more; does Appalachian National Scenic Trail; AT area as a launch site. The WGHGC not create a serious inconsistency or Revisions to Special Regulations has proven by past conduct to be a good otherwise interfere with an action taken steward of these public lands. The or planned by another agency; does not AGENCY: National Park Service, Interior. WGHGC has assumed shared materially alter the budgetary impact of ACTION: Interim rule. responsibility for maintenance of this entitlements, grants, user fees, or loan popular section of the AT along with the programs or the rights and obligations of SUMMARY: The National Park Service local trail club. The WGHGC has a recipients thereof; does not raise novel (NPS) is adopting this interim rule to published maintenance schedule for its legal or policy issues arising out of legal allow the continuation of an existing individual club members to provide mandates, the President’s priorities, or hang gliding activity on the trash pick-up in the general area. The the principles set forth in Executive Appalachian Trail while the agency WGHGC works with the local trail club Order 12866 (1993). develops a special regulation to address to protect the resource qualities of the the activity through public notice and area and to ensure the area is safe for Regulatory Flexibility Act of 1980 comment rulemaking. The interim rule public use by other outdoor enthusiasts. The Director, Administration and will allow the Appalachian Trail Project The private landowners adjacent to the Management, Office of the Secretary of Manager (Project Manager) to renew the site have endorsed the continued use of Defense certifies that this Privacy Act Special Use Permit (SUP) of the Water the area by the WGHGC. Based upon a rule for the Department of Defense does Gap Hang Gliding Club. The Water Gap review of the past years of use by not have significant economic impact on Hang Gliding Club (WGHGC) has been WGHGC and the experience of others a substantial number of small entities undertaking this activity at Kirkridge on (including the landowners and local because it is concerned only with the the AT for over twenty years and the hiking club) in the area, the NPS has administration of Privacy Act systems of WGHGC’s SUP recently expired. determined that there are no known records within the Department of EFFECTIVE DATE: This rule is effective adverse impacts caused by the WGHGC Defense. July 14, 1995 and will expire on activities. Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Rules and Regulations 36225 During the review process conducted Project Office and Michael M. Tiernan, (c) Powerless flight. The use of by the NPS for the renewal of the SUP Office of the Solicitor, Washington, D.C. devices designed to carry persons for the WGHGC, the NPS discovered through the air in powerless flight is Paperwork Reduction Act that a 1983 revision to the general allowed at Kirkridge, located near Fox regulations found at 36 CFR 2.17 had This interim rule does not contain Gap, Pennsylvania, pursuant to a permit created the requirement of a special information collection requirements that issued by the project manager. This regulation before the NPS could renew require approval by the Office of authority shall expire on December 31, the WGHGC permit. A review of the Management and Budget under 44 1995. U.S.C. 3501 et. seq. 1983 rulemaking indicates one of the Dated: July 11, 1995. reasons for requiring the special Compliance With Other Laws George T. Frampton, Jr., regulation process was to have a full review of potential conflicts before This rule was not subject to Office of Assistant Secretary for Fish and Wildlife and Parks. making a decision to authorize hang Management and Budget review under gliding in a particular area. This interim Executive Order 12866. The Department [FR Doc. 95–17369 Filed 7–13–95; 8:45 am] rule will allow the activity to continue of the Interior determined that this BILLING CODE 4310±70±P while the agency undertakes the document will not have a significant required rulemaking to adopt a special economic effect on a substantial number regulation for the AT. of small entities under the Regulatory ENVIRONMENTAL PROTECTION The NPS is adopting this interim rule Flexibility Act (5 U.S.C. 601 et. seq.). AGENCY pursuant to the ‘‘good cause’’ exception The economic effects of this rulemaking of the Administrative Procedure Act ( 5 are local in nature and negligible in 40 CFR Part 52 U.S.C. 553(b)(B)) from general notice scope. [CA 144±5±7100c; FRL±5256±5] and comment rulemaking. As discussed The NPS has determined that this above, the NPS believes that this proposed rulemaking will not have a Approval and Promulgation of exception is warranted because of the significant effect on the quality of the Implementation Plans; California State past conduct of the WGHGC while human environment, health and safety Implementation Plan Revision; Interim operating under NPS SUPs and the because it is not expected to: Final Determination That State Has demonstrated lack of adverse conflicts (a) Increase public use to the extent of Corrected the Deficiencies with other users of the AT. These being compromising the nature and character the principal reasons for the general of the area or causing physical damage AGENCY: Environmental Protection regulation requirement of special to it; Agency (EPA). regulations to allow the designation of (b) Introduce incompatible uses ACTION: Interim final determination. locations for this activity, the NPS finds which compromise the nature and SUMMARY: that notice and comment are characteristics of the area or cause Elsewhere in today’s Federal unnecessary and contrary to the public physical damage to it; Register, EPA published a direct final interest for this interim rule. The (c) Conflict with adjacent ownership rule fully approving revisions to the interim rule is limited to allowing the or land uses; or California State Implementation Plan issuance of a SUP to WGHGC for the site (d) Cause a nuisance to adjacent (SIP). The revisions concern South known as Kirkridge, near Fox Gap, owners or occupants. Coast Air Quality Management District’s Pennsylvania, effective until December Based on this determination, the (SCAQMD) Rules 1106, 1107, 1115 and 31, 1995. Furthermore, the NPS is regulation is categorically excluded 1171 and Santa Barbara County Air developing and will be publishing soon from the procedural requirements of the Pollution Control District’s (SBAPCD) in the Federal Register a proposed rule National Environmental Policy Act Rules 323 and 339. On that date, EPA requesting public comment on a special (NEPA) and by Departmental guidelines also published a proposed rulemaking regulation to allow the use of powerless in 516 DM 6 (49 FR 21438). As such, to provide the public with an flight devices (hang gliding) on the AT. neither an Environmental Assessment opportunity to comment on EPA’s The NPS has also determined, in nor an Environmental Impact Statement action. If a person submits adverse accordance with the Administrative has been prepared. comments on EPA’s proposed action Procedure Act (5 U.S.C. 553(d)(3)), that within 30 days of publication of the List of Subjects in 36 CFR Part 7 the publishing of this interim rule 30 proposed and direct final actions, EPA days prior to the rule becoming effective National parks; Reporting and will withdraw its direct final action and would be counterproductive and recordkeeping requirements. will consider any comments received unnecessary for the reasons discussed In consideration of the foregoing, 36 before taking final action on the State’s above. A 30-day delay would be CFR Chapter I is amended as follows: submittal. Based on the proposed full contrary to the public interest. approval, EPA is making an interim Therefore, under the ‘‘good cause’’ PART 7ÐSPECIAL REGULATIONS, final determination by this action that exception of the Administrative AREAS OF THE NATIONAL PARK the State has corrected the deficiency Procedure Act (5 U.S.C. 553(d)(3)), it SYSTEM for which a sanctions clock began on has been determined that this interim January 20, 1994. This action will defer 1. The authority citation for Part 7 rulemaking is excepted from the 30-day the application of the offset sanction continues to read as follows: delay in the effective date and shall and defer the application of the highway therefore become effective on the date Authority: 16 U.S.C. 1, 3, 9a, 460(q), sanction. Although this action is published in the Federal Register and 462(k); Sec. 7.96 also issued under D.C. Code effective upon publication, EPA will will expire on December 1, 1995. 8–137 (1981) and D.C. Code 40–721 (1981). take comment. If no comments are 2. Section 7.100 is amended by received on EPA’s proposed approval of Drafting Information adding paragraph (c) to read as follows: the State’s submittal, the direct final The principal authors of this interim action published in today’s Federal rulemaking are Acting Project Manager § 7.100 Appalachian National Scenic Trail. Register will also finalize EPA’s Donald T. King, Appalachian Trail * * * * * determination that the State has 36226 Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Rules and Regulations corrected the deficiency that started the section 110(c) of the Act. The State determines that the State, in fact, did sanctions clock. If comments are subsequently submitted a revised not correct the disapproval deficiency, received on EPA’s proposed approval SCAQMD Rule 1106 on February 24, EPA will also determine that the State and this interim final action, EPA will 1995, a revised SBAPCD Rule 339 on did not correct the deficiency and the publish a final notice taking into April 13, 1995, a revised SBAPCD Rule sanctions consequences described in the consideration any comments received. 323 on May 24, 1995 and SCAQMD sanctions rule will apply. See 59 FR DATES: This interim final determination Rules 1107, 1115 and 1171 on June 16, 39832, to be codified at 40 CFR 52.31. 1995. EPA has taken direct final action is effective on July 14, 1995. Comments II. EPA Action must be received by August 14, 1995. on these submittals pursuant to its modified direct final policy set forth at EPA is taking interim final action ADDRESSES: Comments should be sent 59 FR 24054 (May 10, 1994). In the finding that the State has corrected the to: Daniel A. Meer, Rulemaking Section Rules section of today’s Federal disapproval deficiency that started the (A–5–3), Air and Toxics Division, U.S. Register, EPA issued a direct final full sanctions clock. Based on this action, Environmental Protection Agency, approval of the State of California’s application of the offset sanction will be Region IX, 75 Hawthorne Street, San submittal of SCAQMD’s Rule 1106, deferred and application of the highway Francisco, CA 94105. Marine Coating Operations; SCAQMD’s sanction will be deferred until EPA’s The state submittal and EPA’s Rule 1107, Coating of Metal Parts and direct final action fully approving the analysis for that submittal, which are Products; SCAQMD’s Rule 1115, Motor State’s submittal becomes effective or the basis for this action, are available for Vehicle Assembly Line Coating until EPA takes action proposing or public review at the above address and Operations; SCAQMD’s Rule 1171, finally disapproving in whole or part at the following locations: Solvent Cleaning Operations and the State submittal. If EPA’s direct final Environmental Protection Agency, Air SBAPCD’s Rule 323, Architectural action fully approving the State Docket (6102) 401 ‘‘M’’ Street, S.W., Coatings and SBAPCD’s Rule 339, Motor submittal becomes effective, at that time Washington 20460 Vehicle and Mobile Equipment Coating any sanctions clocks will be California Air Resources Board, Stationary Operations. In addition, in the Proposed permanently stopped and any applied, Source Division, Rule Evaluation Section, Rules section of today’s Federal stayed or deferred sanctions will be 2020 ‘‘L’’ Street, Sacramento, CA 95812– Register, EPA proposed full approval of permanently lifted. 2815 Because EPA has preliminarily South Coast Air Quality Management the State’s submittal. District, 21865 E. Copley Drive, Diamond Based on the proposed and direct determined that the State has an Bar, CA 91765–4812 final approval, EPA believes that it is approvable plan, relief from sanctions Santa Barbara County Air Pollution Control more likely than not that the State has should be provided as quickly as District, 26 Castilian Drive B–23, Goleta, corrected the original disapproval possible. Therefore, EPA is invoking the CA 93117 deficiency. Therefore, EPA is taking this good cause exception under the Administrative Procedure Act (APA) in FOR FURTHER INFORMATION CONTACT: final rulemaking action, effective on not providing an opportunity for Daniel A. Meer, Rulemaking Section (A– publication, finding that the State has comment before this action takes effect.1 5–3), Air and Toxics Division, U.S. corrected the deficiency. However, EPA 5 U.S.C. 553(b)(B). EPA believes that Environmental Protection Agency, is also providing the public with an notice-and-comment rulemaking before Region IX, 75 Hawthorne Street, San opportunity to comment on this final the effective date of this action is Francisco, CA 94105, Telephone: (415) action. If, based on any comments on impracticable and contrary to the public 744–1185. this action and any comments on EPA’s proposed full approval of the State’s interest. EPA has reviewed the State’s SUPPLEMENTARY INFORMATION: submittal, EPA determines that the submittal and, through its proposed and direct final action is indicating that it is I. Background State’s submittal is not fully approvable and this final action was inappropriate, more likely than not that the State has On May 13, 1993, the State submitted EPA will either propose or take final corrected the deficiency that started the SCAQMD’s Rule 1106, Marine Coating action finding that the State has not sanctions clock. Therefore, it is not in Operations and Rule 1107, Coating of corrected the original disapproval the public interest to initially impose Metal Parts and Products; on June 19, deficiency. As appropriate, EPA will sanctions or to keep applied sanctions 1992 the State submitted SCAQMD’s also issue an interim final determination in place when the State has most likely Rule 1171, Solvent Cleaning Operations or a final determination that the done all that it can to correct the and SBAPCD’s Rule 339, Motor Vehicle deficiency has not been corrected. Until deficiency that triggered the sanctions and Mobile Equipment Coating EPA takes such an action, the clock. Moreover, it would be Operations; on December 31, 1990 the application of sanctions will continue to impracticable to go through notice-and State submitted SBCAPCD’s Rule 323, be deferred and/or stayed. comment rulemaking on a finding that Architectural Coatings and on This action does not stop the the State has corrected the deficiency September 14, 1992 the State submitted sanctions clock that started for these prior to the rulemaking approving the SCAQMD’s Rule 1115, Motor Vehicle areas on January 20, 1993. However, this State’s submittal. Therefore, EPA Assembly Line Coating Operations. EPA action will defer the application of the believes that it is necessary to use the published a limited disapproval for offsets sanction and will defer the interim final rulemaking process to these rules in the Federal Register on application of the highway sanction. See temporarily stay or defer sanctions December 20, 1993; 58 FR 66282 and 58 59 FR 39832 (Aug. 4, 1994). If EPA’s while EPA completes its rulemaking FR 66285 respectively. EPA’s direct final action fully approving the process on the approvability of the disapproval action started an 18-month State’s submittal becomes effective, State’s submittal. Moreover, with clock for the application of one sanction such action will permanently stop the respect to the effective date of this (followed by a second sanction 6 sanctions clock and will permanently months later) under section 179 of the lift any applied, stayed or deferred 1 As previously noted, however, by this action Clean Air Act (Act) and a 24-month sanctions. If EPA must withdraw the EPA is providing the public with a chance to comment on EPA’s determination after the effective clock for promulgation of a Federal direct final action based on adverse date and EPA will consider any comments received Implementation Plan (FIP) under comments and EPA subsequently in determining whether to reverse such action. Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Rules and Regulations 36227 action, EPA is invoking the good cause requirements, Ozone, Volatile organic ADDRESSES: Copies of the rule revisions exception to the 30-day notice compounds. and EPA’s evaluation report for each requirement of the APA because the Authority: 42 U.S.C. 7401–7671q. rule are available for public inspection purpose of this notice is to relieve a Dated: June 27, 1995. at EPA’s Region IX office during normal restriction. See 5 U.S.C. 553(d)(1). business hours. Copies of the submitted Felicia Marcus, Unfunded Mandates rule revisions are available for Regional Administrator. inspection at the following locations: Under Sections 202, 203, and 205 of [FR Doc. 95–17267 Filed 7–13–95; 8:45 am] Rulemaking Section (A–5–3), Air and Toxics the Unfunded Mandates Reform Act of BILLING CODE 6560±50±W Division, U.S. Environmental Protection 1995 (‘‘Unfunded Mandates Act’’), Agency, Region IX, 75 Hawthorne Street, signed into law on March 22, 1995, EPA San Francisco, CA 94105 must undertake various actions in 40 CFR Part 52 Environmental Protection Agency, Air association with the proposed or final [CA 144±5±7100a; FRL±5256±3] Docket (6102), 401 ‘‘M’’ Street, S.W., rules that include a Federal mandate Washington, D.C. 20460 that may result in estimated costs of Approval and Promulgation of California Air Resources Board, Stationary $100 million or more to the private Implementation Plans; California State Source Division, Rule Evaluation Section, sector, or to State, local, or tribal Implementation Plan Revision, South 2020 ‘‘L’’ Street, Sacramento, CA 95812– governments in the aggregate. Coast Air Quality Management District 2815 Through submission of this state South Coast Air Quality Management and Santa Barbara County Air District, 21865 E. Copley Drive, Diamond implementation plan or plan revision, Pollution Control District Bar, CA 91765–4182 the state and any affected local or tribal Santa Barbara County Air Pollution Control AGENCY: Environmental Protection governments have elected to adopt the District, 26 Castilian Drive B–23, Goleta, program provided for under Part D of Agency (EPA). CA 93117 ACTION: Direct final rule. the Clean Air Act. These rules may bind FOR FURTHER INFORMATION CONTACT: State, local and tribal governments to SUMMARY: EPA is taking direct final Daniel A. Meer, Chief Rulemaking perform certain actions and also require action on revisions to the California Section (A–5–3), Air and Toxics the private sector to perform certain State Implementation Plan (SIP). The Division, U.S. Environmental Protection duties. To the extent that the rules being revisions concern rules from the Agency, Region IX, 75 Hawthorne approved by this action will impose no following districts: South Coast Air Street, San Francisco, CA 94105, new requirements; such sources are Quality Management District Telephone: (415) 744–1185. already subject to these regulations (SCAQMD) and Santa Barbara County SUPPLEMENTARY INFORMATION: under State law. Accordingly, no Air Pollution Control District additional costs to State, local, or tribal (SBAPCD). This approval action will Applicability governments, or to the private sector, incorporate these rules into the federally The rules being approved into the result from this action. EPA has also approved SIP. The intended effect of determined that this final action does California SIP include: SCAQMD’s Rule approving these rules is to regulate 1106, Marine Coating Operations; Rule not include a mandate that may result emissions of volatile organic in estimated costs of $100 million or 1107, Coating of Metal Parts and compounds (VOCs) in accordance with Products; Rule 1115, Motor Vehicle more to State, local, or tribal the requirements of the Clean Air Act, governments in the aggregate or to the Assembly Line Coating Operations; Rule as amended in 1990 (CAA or the Act). 1171, Solvent Cleaning Operations and private sector. In addition, the final action on these The Office of Management and Budget SBAPCD’s Rule 323, Architectural rules serves as a final determination that (OMB) has exempted this action from Coatings and Rule 339, Motor Vehicle the deficiencies in these rules have been review under Executive Order 12866. and Mobile Equipment Coating Under the Regulatory Flexibility Act, corrected and that on the effective date Operations. These rules were submitted 5 U.S.C. 600 et seq., EPA must prepare of this action, any sanctions or Federal by the California Air Resources Board a regulatory flexibility analysis Implementation Plan (FIP) obligations (CARB) to EPA on February 24, 1995 assessing the impact of any proposed or are permanently stopped. The revised (Rule 1106), April 13, 1995 (Rule 339), final rule on small entities. 5 U.S.C. 603 rules control VOC emissions from May 24, 1995 (Rule 323) and June 16, and 604. Alternatively, EPA may certify marine coating operations, coating of 1995 (Rules 1107, 1115 and 1171). metal parts and products, motor vehicle that the rule will not have a significant Background economic impact on a substantial assembly line coating operations, number of small entities. Small entities solvent cleaning operations, On March 3, 1978, EPA promulgated include small businesses, small not-for- architectural coatings, and motor a list of ozone nonattainment areas profit enterprises, and government vehicle and mobile equipment coating under the provisions of the Clean Air entities with jurisdiction over operations. Thus, EPA is finalizing the Act, as amended in 1977 (1977 Act or populations of less than 50,000. approval of these revisions into the pre-amended Act), that included the This action temporarily relieves California SIP under provisions of the South Coast Air Basin and the Santa sources of an additional burden CAA regarding EPA action on SIP Barbara, Santa Maria and Lompoc Area potentially placed on them by the submittals, SIPs for national primary (Santa Barbara County). 43 FR 8964, 40 sanctions provisions of the Act. and secondary ambient air quality CFR 81.305. Because these areas were Therefore, I certify that it does not have standards and plan requirements for unable to meet the statutory attainment an impact on any small entities. nonattainment areas. date of December 31, 1982, California DATES: This final rule is effective on requested under section 172(a)(2), and List of Subjects in 40 CFR Part 52 September 12, 1995 unless adverse or EPA approved, an extension of the Environmental protection, Air critical comments are received by attainment date to December 31, 1987. pollution control, Hydrocarbons, August 14, 1995. If the effective date is (40 CFR 52.222). On May 26, 1988, EPA Intergovernmental regulations, delayed, a timely notice will be notified the Governor of California, Reporting and recordkeeping published in the Federal Register. pursuant to section 110(a)(2)(H) of the 36228 Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Rules and Regulations 1977 Act, that the above districts’ The SBAPCD adopted Rule 323 on sources of VOC emissions. This portions of the California SIP were March 16, 1995 and Rule 339 on requirement was carried forth from the inadequate to attain and maintain the December 15, 1994. The submitted pre-amended Act. ozone standard and requested that SCAQMD’s Rule 1106 was found to be For the purpose of assisting state and deficiencies in the existing SIP be complete on March 10, 1995; local agencies in developing RACT corrected (EPA’s SIP-Call). On SCAQMD’s Rules 1107, 1115 and 1171 rules, EPA prepared a series of Control November 15, 1990, the Clean Air Act and SBAPCD’s Rule 323 were found to Technique Guideline (CTG) documents. Amendments of 1990 were enacted. be complete on June 23, 1995; and The CTGs are based on the underlying Pub. L. 101–549, 104 Stat. 2399, SBAPCD’s Rule 339 was found to be requirements of the Act and specify the codified at 42 U.S.C. 7401–7671q. In complete on May 2, 1995 pursuant to presumptive norms for what is RACT amended section 182(a)(2)(A) of the EPA’s completeness criteria that are set for specific source categories. Under the CAA, Congress statutorily adopted the forth in 40 CFR part 51 Appendix V 3 CAA, Congress ratified EPA’s use of requirement that nonattainment areas and are being finalized for approval into these documents, as well as other fix their deficient reasonably available the SIP. Agency policy, for requiring States to control technology (RACT) rules for SCAQMD’s Rule 1106 controls VOC ‘‘fix-up’’ their RACT rules. See section ozone and established a deadline of May emissions from the coating of marine 182(a)(2)(A). The CTG applicable to 15, 1991 for states to submit corrections vessels and their parts, SCAQMD’s Rule SCAQMD’s Rule 1107 is entitled of those deficiencies. 1107 controls VOC emissions from the Control of Volatile Organic Emissions Section 182(a)(2)(A) applies to areas coating of metal parts and products from Existing Stationary Sources— designated as nonattainment prior to except those performed on aerospace Volume VI: Surface Coating of enactment of the amendments and assembly, magnet wire, marine craft, Miscellaneous Metal Parts and Products, classified as marginal or above as of the motor vehicle, metal container, and coil U.S. Environmental Protection Agency, date of enactment. It requires such areas coating operations, SCAQMD’s Rule Office of Air Quality Planning and to adopt and correct RACT rules 1115 limits VOC emissions from coating Standards, June 1978, EPA–450/2–78– pursuant to pre-amended section 172 (b) operations conducted on assembly lines 015. The CTG applicable to SCAQMD’s as interpreted in pre-amendment during manufacturing of new motor Rule 1115 is entitled Control of Volatile 1 guidance. EPA’s SIP-Call used that vehicles, and SCAQMD’s Rule 1171 Organic Emissions from Existing guidance to indicate the necessary controls VOC emissions from solvent Stationary Sources—Volume I: Surface corrections for specific nonattainment cleaning operations and activities. Coating of Cans, Coils, Paper, Fabrics, areas. The South Coast Air Basin is SBAPCD’s Rule 323 controls emissions Automobiles, and Light-Duty Trucks. classified as extreme, and Santa Barbara of VOCs from the application of coatings U.S. Environmental Protection Agency, 2 County is classified as moderate ; to architectural structures and their Office of Air Quality and Standards, therefore, these areas were subject to the appurtenances, to mobile homes, to May 1977, EPA–450/2–77–008. RACT fix-up requirement and the May pavements and to curbs, and SBAPCD’s SCAQMD’s Rules 1106 and 1171 and 15, 1991 deadline. Rule 339 limits emissions of VOCs from SBAPCD’s Rules 323 and 339 control The State of California submitted automotive refinishing operations. emissions from source categories for many revised RACT rules for VOCs contribute to the production of which EPA has not issued a CTG. incorporation into its SIP on February ground level ozone and smog. These Accordingly, these rules were evaluated 24, 1995, April 13, 1995, May 24, 1995 rules were originally adopted as part of against the interpretations of EPA policy and June 16, 1995, including the rules SCAQMD’s and SBAPCD’s effort to found in the Blue Book, referred to in being acted on in this notice. This achieve the National Ambient Air footnote 1 and against other EPA policy notice addresses EPA’s direct-final including the EPA Region 9/CARB action for the SCAQMD’s Rule 1106, Quality Standard (NAAQS) for ozone document entitled: Guidance document Marine Coating Operations; Rule 1107, and in response to EPA’s SIP-Call and for correcting VOC rule deficiencies Coating of Metal Parts and Products; the section 182(a)(2)(A) CAA (April 1991) In general, these guidance Rule 1115, Motor Vehicle Assembly requirement. The following is EPA’s documents have been set forth to ensure Line Coating Operations; Rule 1171, evaluation and final action for this rule. that VOC rules are fully enforceable and Solvent Cleaning Operations and for the EPA Evaluation and Action strengthen or maintain the SIP. SBAPCD’s Rule 323, Architectural In determining the approvability of a SCAQMD’s submitted Rule 1106, Coatings, and Rule 339, Motor Vehicle VOC rule, EPA must evaluate the rule Marine Coating Operations, includes the and Mobile Equipment Coating for consistency with the requirements of following significant changes from the Operations. The SCAQMD adopted Rule the CAA and EPA regulations, as found current SIP: 1106 on January 13, 1995 and Rules in section 110 and part D of the CAA • Revised statement of rule 1107, 1115, and 1171 on May 12, 1995. and 40 CFR part 51 (Requirements for applicability. • Added definition for aerosol 1 Among other things, the pre-amendment Preparation, Adoption, and Submittal of Implementation Plans). The EPA product. guidance consists of those portions of the proposed • post-1987 ozone and carbon monoxide policy that interpretation of these requirements, Revised definition of exempt concern RACT, 52 FR 45044 (November 24, 1987); which forms the basis for today’s action, compounds. ‘‘Issues Relating to VOC Regulation Cutpoints, • Revised table of VOC content Deficiencies, and Deviations, Clarification to appears in the various EPA policy guidance documents listed in footnote standards. Appendix D of November 24, 1987 Federal Register • Added control device equivalency Notice’’ (Blue Book) (notice of availability was 1. Among those provisions is the published in the Federal Register on May 25, 1988); requirement that a VOC rule must, at a language. • Added test method specification. and the existing control technique guidelines minimum, provide for the (CTGs). • Added aerosol exemption. 2 The South Coast Air Basin and Santa Barbara implementation of RACT for stationary SCAQMD’s submitted Rule 1107, County retained their designation of nonattainment Coating of Metal Parts and Products, and were classified by operation of law pursuant to 3 EPA adopted the completeness criteria on sections 107(d) and 181(a) upon the date of February 16, 1990 (55 FR 5830) and, pursuant to includes the following significant enactment of the CAA. See 55 FR 56694 (November section 110(k)(1)(A) of the CAA, revised the criteria changes from the current SIP: 6, 1991). on August 26, 1991 (56 FR 42216). • Added rule applicability section. Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Rules and Regulations 36229 • Revised the VOC content limits for SBAPCD’s submitted Rule 339, Motor subsequent final rule based on this coatings covered by this rule. Vehicle and Mobile Equipment Coating action serving as a proposed rule. The • Removed executive officer Operations, includes the following EPA will not institute a second discretion to choose capture efficiency significant changes from the current SIP: comment period on this action. Any source testing methodology. • Deleted spray booth requirement for parties interested in commenting on this • Added EPA method 25 and 25A undercoating if undercoating contains action should do so at this time. If no with respect to determining efficiency of no lead or chromium compounds and if such comments are received, the public add-on control equipment. the area covered does not exceed 16 is advised that this action will be • Incorporated SCAQMD ‘‘Spray square feet. effective on September 12, 1995. Equipment Transfer Efficiency Test • Added definition for multi-stage Procedure dated May 24, 1989. topcoat. Regulatory Process • Modified exemption for all non- • Added definition for undercoat. Under the Regulatory Flexibility Act, compliant coating use to an aggregate of • Revised VOC limits and compliance 5 U.S.C. 600 et seq., EPA must prepare 55 gallons per year. dates. a regulatory flexibility analysis • Added the requirements to keep • Limits pre-coat usage to no more assessing the impact of any proposed or records of key operating parameters of than 25% of the amount of primer/ final rule on small entities. 5 U.S.C. 603 control equipment. primer surfacer monthly usage. and 604. Alternatively, EPA may certify • Added EPA approved test methods EPA has evaluated the submitted that the rule will not have a significant to determine VOC content and exempt rules and has determined that they are impact on a substantial number of small solvent content. consistent with the CAA, EPA entities. Small entities include small SCAQMD’s submitted Rule 1115, regulations, and EPA policy. Therefore, businesses, small not-for-profit Motor Vehicle Assembly Line Coating SCAQMD’s Rule 1106, Marine Coating enterprises and government entities Operations, includes the following Operations; SCAQMD’s Rule 1107, with jurisdiction over population of less significant changes from the current SIP: Coating of Metal Parts and Products; than 50,000. • Added purpose and applicability SCAQMD’s Rule 1115, Motor Vehicle SIP approvals under sections 110 and section. Assembly Line Coating Operations; 301(a) and subchapter I, Part D of the • Reduced VOC limits to be in line SCAQMD’s Rule 1171, Solvent Cleaning CAA do not create any new with applicable CTG limits. Operations; SBAPCD’s Rule 323, requirements, but simply approve • Added the requirement to use EPAs Architectural Coatings; and SBAPCD’s requirements that the State is already ‘‘Protocol for Determining the Daily Rule 339, Motor Vehicle and Mobile imposing. Therefore, because the Volatile Organic Compound Emission Equipment Coating Operations are being Federal SIP-approval does not impose Rate of Automobile and Light-Duty approved under section 110(k)(3) of the any new requirements, I certify that it Truck Topcoat Operation’’. CAA as meeting the requirements of • does not have a significant impact on Added specification for EPA section 110(a) and Part D. The final any small entities affected. Moreover, approved capture and control efficiency action on these rules serves as a final due to the nature of the Federal-State source test method. • determination that the deficiencies in relationship under the CAA, preparation Included record keeping these rules have been corrected. of a regulatory flexibility analysis would requirement for emission control Therefore, if this direct final action is constitute Federal inquiry into the systems. not withdrawn, on September 12, 1995, economic reasonableness of state action. SCAQMD’s submitted Rule 1171, any sanction or FIP clock is stopped. The CAA forbids EPA to base its actions Solvent Cleaning Operations, includes Nothing in this action should be concerning SIPs on such grounds. the following significant changes from construed as permitting or allowing or Union Electric Co. v. U.S. E.P.A., 427 the current SIP: establishing a precedent for any future • Added medical device category. U.S. 246, 256–66 (S. Ct. 1976); 42 U.S.C. • Added specialty flexographic implementation plan. Each request for 7410(a)(2). revision to the State implementation printing category. Unfunded Mandates • Modified and supplemented test plan shall be considered separately in method section to correct rule light of specific technical, economic, Under Sections 202, 203, and 205 of deficiencies cited by EPA. and environmental factors and in the Unfunded Mandates Reform Act of • Added small usage exemption for relation to relevant statutory and 1995 (‘‘Unfunded Mandates Act’’), specialty medical device and regulatory requirements. signed into law on March 22, 1995, EPA pharmaceutical operations. EPA is publishing this notice without must undertake various actions in • Added exemption for cleaning of prior proposal because the Agency association with the proposed or final application equipment used to views this as a noncontroversial rules that include a Federal mandate manufacture transdermal drug delivery amendment and anticipates no adverse that may result in estimated costs of systems. comments. However, in a separate $100 million or more to the private SBAPCD’s submitted Rule 323, document in this Federal Register sector, or to State, local, or tribal Architectural Coatings, includes the publication, the EPA is proposing to governments in the aggregate. following significant changes from the approve the SIP revision should adverse Through submission of this state current SIP: or critical comments be filed. This implementation plan or plan revision, • Clarifies requirements of the rule by action will be effective on September the state and any affected local or tribal moving exemption section to section B. 12, 1995, unless, within 30 days of its governments have elected to adopt the • Added a definition for reactive publication, adverse or critical program provided for under Part D of organic compound (ROC). comments are received. the Clean Air Act. These rules may bind • Removes executive officer If the EPA receives such comments, State, local and tribal governments to discretion by revising the language in this action will be withdrawn before the perform certain actions and also require the test section. effective date by publishing a the private sector to perform certain • Added test method for subsequent notice that will withdraw duties. To the extent that the rules being determination of exempt solvent the final action. All public comments approved by this action will impose no content. received will then be addressed in a new requirements; such sources are 36230 Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Rules and Regulations already subject to these regulations (i) Incorporation by reference. adopted June 29, 1995, and released July under State law. Accordingly, no (A) Santa Barbara County Air 10, 1995. The full text of this additional costs to State, local, or tribal Pollution Control District. Commission decision is available for governments, or to the private sector, (1) Rule 323, adopted March 16, 1995. inspection and copying during normal result from this action. EPA has also * * * * * business hours in the FCC Reference determined that this final action does (221) [Reserved] Center (Room 239), 1919 M Street, NW., not include a mandate that may result (222) New and amended regulations Washington, DC. The complete text of in estimated costs of $100 million or for the following APCDs were submitted this decision may also be purchased more to State, local, or tribal on June 16, 1995, by the Governor’s from the Commission’s copy contractor, governments in the aggregate or to the designee. International Transcription Service, private sector. (i) Incorporation by reference. Inc., (202) 857–3800, 2100 M Street, The Office of Management and Budget (A) South Coast Air Quality NW., Suite 140, Washington, DC 20037. (OMB) has exempted this action from Management District. review under Executive Order 12866. (1) Rules 1107, 1115, and 1171 List of Subjects in 47 CFR Part 73 adopted on May 12, 1995. Radio broadcasting. List of Subjects in 40 CFR Part 52 * * * * * Part 73 of title 47 of the Code of Environmental protection, Air [FR Doc. 95–17269 Filed 7–13–95; 8:45 am] Federal Regulations is amended as pollution control, Hydrocarbons, follows: Incorporation by reference, BILLING CODE 6560±50±W Intergovernmental relations, Ozone, PART 73Ð[AMENDED] Reporting and recordkeeping requirements, Volatile organic FEDERAL COMMUNICATIONS 1. The authority citation for part 73 compounds. COMMISSION continues to read as follows: Note: Incorporation by reference of the 47 CFR Part 73 Authority: Secs. 303, 48 Stat., as amended, State Implementation Plan for the State of 1082; 47 U.S.C. 154, as amended. [MM Docket No. 94±86; RM±8497; RM±8548] California was approved by the Director of § 73.202 [Amended] the Federal Register on July 1, 1982. Dated: June 27, 1995. Radio Broadcasting Services; Klamath 2. Section 73.202(b), the Table of FM Falls, Altamont, Butte Falls, OR, Dorris, Allotments under Oregon, is amended Felicia Marcus, CA by adding Channel 284C1 at Klamath Regional Administrator. Falls. Part 52, chapter I, title 40 of the Code AGENCY: Federal Communications Federal Communications Commission. of Federal Regulations is amended as Commission. follows: ACTION: Final rule. John A. Karousos, Chief, Allocations Branch, Policy and Rules PART 52Ð[AMENDED] SUMMARY: The Commission, at the Division, Mass Media Bureau. request of Terry A. Cowan, allots [FR Doc. 95–17239 Filed 7–13–95; 8:45 am] 1. The authority citation for Part 52 Channel 284C1 to Klamath Falls, OR, as BILLING CODE 6712±01±F continues to read as follows: the community’s fourth local FM Authority: 42 U.S.C. 7401–7671q. service. Channel 284C1 can be allotted to Klamath Falls in compliance with the 47 CFR Part 73 Subpart FÐCalifornia Commission’s minimum distance [MM Docket No. 93±69; RM±8106] 2. Section 52.220 is amended by separation requirements without the adding paragraphs (c)(215)(i)(A)(3), imposition of a site restriction, at Radio Broadcasting Services; San (c)(219), (c)(220), and (c)(222) and by coordinates 42-12-56 North Latitude and Carlos and Oracle, AZ adding and reserving paragraph (c)(221) 121–47–56 West Longitude. See 59 FR AGENCY: Federal Communications to read as follows: 38950, August 1, 1994. The Commission denies the proposal of Western States Commission. § 52.220 Identification of plan. Broadcasting, Inc., to substitute Channel ACTION: Final rule. 284C1 for Channel 249C1 at Altamont, * * * * * SUMMARY: This document substitutes (c) * * * OR, reallot Channel 249C2 to Butte Channel 276C2 for Channel 279A at San (215) * * * Falls, OR, and modify Station Carlos, Arizona, and modifies the (i) * * * KCHQ(FM)’s construction permit to authorization of Station KCDX(FM) to (A) * * * specify Butte Falls as its community of specify operation on the higher powered (3) Rule 1106, adopted on January 13, license. The Commission also dismisses channel, as requested by Desert West 1995. the late-filed counterproposal of Air Ranchers Corporation. Additionally, * * * * * Goldrush Broadcasting to allot Channel in order to accommodate the (219) New and amended regulations 284C3 to Dorris, California. With this modification at San Carlos, Channel for the following APCDs were submitted action, this proceeding is terminated. on April 13, 1995, by the Governor’s 279A is substituted for Channel 276A at DATES: Effective August 24, 1995. The Oracle, Arizona, and the license issued designee. window period for filing applications (i) Incorporation by reference. to Golden State Broadcasting will open on August 24, 1995, and close (A) Santa Barbara County Air Corporation for Station KLQB(FM) is on September 25, 1995. Pollution Control District. modified accordingly. See 58 FR 17819, (1) Rule 339, adopted December 15, FOR FURTHER INFORMATION CONTACT: April 6, 1993. Coordinates for Channel 1994. Leslie K. Shapiro, Mass Media Bureau, 276C2 at San Carlos are 33–23–13 and (220) New and amended regulations (202) 418–2180. 110–44–25. Coordinates for Channel for the following APCDs were submitted SUPPLEMENTARY INFORMATION: This is a 279A at Oracle are 32–37–07 and 110– on May 24, 1995, by the Governor’s synopsis of the Commission’s Report 47–20. As San Carlos and Oracle are designee. and Order, MM Docket No. 94–86, located within 320 kilometers (199 Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Rules and Regulations 36231 miles) of the Mexican border, 291A at Saltville, Virginia, reallots DEPARTMENT OF TRANSPORTATION concurrence of the Mexican government Channel 291C3 from Saltville to in this proposal was obtained. With this Jefferson, North Carolina, and modifies National Highway Traffic Safety action, the proceeding is terminated. 106.1, Inc.’s construction permit Administration EFFECTIVE DATE: August 24, 1995. accordingly. See 56 FR 23260, May 21, 49 CFR Part 541 FOR FURTHER INFORMATION CONTACT: 1991. Channel 291C3 can be allotted to Nancy Joyner, Mass Media Bureau, (202) Jefferson with a site restriction of 8.3 [Docket No. T84±01; Notice 36] 418–2180. kilometers (5.2 miles) northeast to avoid a short-spacing conflict with a RIN 2127±AF58 SUPPLEMENTARY INFORMATION: This is a construction permit for Station WLJQ- synopsis of the Commission’s Report Federal Motor Vehicle Theft Prevention FM, Channel 290A, Colonial Heights, and Order, MM Docket No. 93–69, Standard; Final Listing of Model Year Tennessee. With this action, this adopted June 29, 1995, and released July 1996 High-Theft Car Lines proceeding is terminated. 10, 1995. The full text of this AGENCY: National Highway Traffic Commission decision is available for EFFECTIVE DATE: August 24, 1995. Safety Administration (NHTSA), inspection and copying during normal Department of Transportation. business hours in the FCC’s Reference FOR FURTHER INFORMATION CONTACT: ACTION: Final rule. Center (Room 239), 1919 M Street, NW., Pamela Blumenthal, Mass Media Washington, DC. The complete text of Bureau, (202) 634–6530. SUMMARY: This final rule announces this decision may also be purchased NHTSA’s determinations of high-theft from the Commission’s copy SUPPLEMENTARY INFORMATION: This is a car lines that are subject to the parts- contractors, International Transcription synopsis of the Commission’s Report marking requirements of the Federal Service, Inc., (202) 857–3800, located at and Order, MM Docket No. 91–137, motor vehicle theft prevention standard, 1919 M Street, NW., Room 246, or 2100 adopted June 30, 1995, and released July and high-theft car lines that are M Street, NW., Suite 140, Washington, 10, 1995. The full text of this exempted from parts marking because DC 20037. Commission decision is available for the vehicles are equipped with agency- inspection and copying during normal List of Subjects in 47 CFR Part 73 approved antitheft devices, for model business hours in the FCC Reference year (MY) 1996, pursuant to the statute Radio broadcasting. Center (Room 239), 1919 M Street, NW., relating to motor vehicle theft Part 73 of title 47 of the Code of Washington, DC. The complete text of prevention. this decision may also be purchased Federal Regulations is amended as EFFECTIVE DATE: The amendment made from the Commission’s copy contractor, follows: by this final rule is effective July 14, ITS, Inc., (202) 857–3800, 2100 M 1995. PART 73Ð[AMENDED] Street, NW., Suite 140, Washington, DC 20037. FOR FURTHER INFORMATION CONTACT: Ms. 1. The authority citation for Part 73 Barbara A. Gray, Office of Market continues to read as follows: List of Subjects in 47 CFR Part 73 Incentives, NHTSA, 400 Seventh Street Authority: Secs. 303, 48 Stat., as amended, SW., Washington, DC 20590. Ms. Gray’s 1082; 47 U.S.C. 154, as amended. Radio broadcasting. telephone number is (202) 366–1740. Her fax number is (202) 366–4329. § 73.202 [Amended] Part 73 of title 47 of the Code of SUPPLEMENTARY INFORMATION: The 2. Section 73.202(b), the Table of FM Federal Regulations is amended as Federal motor vehicle theft pevention Allotments under Arizona is amended follows: standard, 49 CFR Part 541, requires by removing Channel 279A and adding motor vehicle manufacturers to inscribe Channel 276C2 at San Carlos, and by PART 73Ð[AMENDED] or affix vehicle identification numbers removing Channel 276A and adding (VINs) onto covered original equipment Channel 279A at Oracle. major component parts, and to inscribe 1. The authority citation for part 73 or affix a symbol identifying the Federal Communications Commission. continues to read as follows: John A. Karousos, manufacturer and a common symbol Chief, Allocations Branch, Policy and Rules Authority: Secs. 303, 48 Stat., as amended, identifying the replacement component Division, Mass Media Bureau. 1082; 47 U.S.C. 154, as amended. parts for those original equipment parts, [FR Doc. 95–17240 Filed 7–13–95; 8:45 am] on all vehicle lines selected as high- theft. BILLING CODE 6712±01±F § 73.202 [Amended] 49 U.S.C. 33104(a)(3) specifies that 2. Section 73.202(b), the Table of FM NHTSA shall select high-theft vehicle 47 CFR Part 73 Allotments under Virginia and North lines, with the agreement of the Carolina, is amended by removing manufacturer, if possible. Section [MM Docket No. 91±137; RM±7494] Channel 291A at Saltville, Virginia, and 33104(d) provides that once a line has been designated as likely high-theft, it Radio Broadcasting Services; Saltville, adding Channel 291C3 at Jefferson, remains subject to the theft prevention Virginia, and Jefferson, NC North Carolina. standard unless that line is exempted AGENCY: Federal Communications Federal Communications Commission. under Section 33106. Section 33106 provides that a manufacturer may Commission. John A. Karousos, ACTION: Final rule. petition to have a high-theft line Chief, Allocations Branch, Policy and Rules exempted from the requirements of SUMMARY: The Commission, at the Division, Mass Media Bureau. Section 33104, if the line is equipped request of 106.1, Inc., permittee of with an antitheft device as standard [FR Doc. 95–17241 Filed 7–13–95; 8:45 am] Channel 291A, Saltville, Virginia, equipment. The exemption is granted if substitutes Channel 291C3 for Channel BILLING CODE 6712±01±F NHTSA determines that the antitheft 36232 Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Rules and Regulations device is likely to be as effective as considered by the agency in making 2. Regulatory Flexibility Act compliance with the theft prevention them. The manufacturer may request the The agency has also considered the standard in reducing and deterring agency to reconsider the preliminary effects of this listing under the motor vehicle thefts. determinations. Within 60 days of the Regulatory Flexibility Act. I hereby The agency annually publishes the receipt of these requests, NHTSA makes certify that this rule will not have a names of the lines which were its final determination. NHTSA informs significant economic impact on a previously listed as high-theft, and the the manufacturer by letter of these substantial number of small entities. As lines which are being listed for the first determinations and its response to the noted above, the effect of this final rule time and will be subject to the theft request for reconsideration. If there is no prevention standard beginning with MY is simply to inform the public of those request for reconsideration, the agency’s lines that are subject to the requirements 1996. It also identifies those car lines determination becomes final 45 days that are exempted from the theft of Part 541 for MY 1996. The agency after sending the letter with the believes that the listing of this prevention standard for the 1996 model preliminary determination. Each of the year because of standard equipment information will not have any economic new car lines on the high-theft list was impact on small entities. antitheft devices. the subject of a final determination. For MY 1996, the agency selected 3. Environmental Impacts three new car lines as likely to be high- Similarly, the car lines listed as being theft lines, in accordance with the exempt from the standard have In accordance with the National procedures published in 49 CFR Part previously been exempted in Environmental Policy Act of 1969, the 542. The newly selected lines are the accordance with the procedures of 49 agency has considered the Plymouth Breeze, Honda Acura TL, and CFR Part 543 and Section 33106. environmental impacts of this rule, and determined that it will not have any the Hyundai Accent. In addition to Therefore, NHTSA finds for good significant impact on the quality of the these three car lines, the list of high- cause that notice and opportunity for human environment. theft cars includes all those lines that comment on these listings are were selected as high-theft and listed for unnecessary. Further, public comment 4. Federalism prior model years. on the listing of selections and The list of lines exempted by the This action has been analyzed in exemptions is not contemplated by 49 accordance with the principles and agency from the parts-marking U.S.C. Chapter 331, and is unnecessary requirements of Part 541 includes high- criteria contained in Executive Order since the selections and exemptions 12612, and it has been determined that theft lines exempted in full, beginning have previously been made in with MY 1996, The five car lines this final rule does not have sufficient accordance with the statutory criteria Federalism implications to warrant the exempted in full are the General Motors and procedure. Chevrolet Lumina/Monte Carlo, Buick preparation of a Federalism Assessment. For the same reasons, since this Regal, Mercedes-Benz C–Class, Nissan 5. Civil Justice Reform Infiniti I, and Volkswagen Golf/GTI. revised listing only informs the public Volkswagen also informed the agency of previous agency actions and does not This final rule does not have a that the ‘‘III’’ designation attached to the impose any additional obligations on retroactive effect. In accordance with Jetta car line would be dropped any party, NHTSA finds for good cause Section 33118 when the theft beginning with the 1996 model year. that the amendment made by this notice prevention standard is in effect, a State Additionally, Nissan informed the should be effective as soon as it is or political subdivision of a State may agency that it stopped utilizing the published in the Federal Register. not have a different motor vehicle theft prevention standard for a motor vehicle antitheft exemption for the Maxima Regulatory Impacts beginning with MY 1995, and now or major replacement part. 49 U.S.C. parts-marks the Maxima’s. The updated 1. Costs and Other Impacts Section 33117 provides that judicial list reflects this information. review of this rule may be obtained Furthermore, Appendix A–II has been NHTSA has analyzed this rule and pursuant to 49 U.S.C. Section 32909. amended to reflect a name change for determined that it is not ‘‘significant’’ Section 32909 does not require the General Motors Cadillac Six-Special. within the meaning of the Department submission of a petition for It was renamed the Concours beginning of Transportation’s regulatory policies reconsideration or other administrative MY 1994. and procedures. The agency has also proceedings before parties may file suit The car lines listed as being subject to considered this notice under Executive in court. Order 12866. As already noted, the the parts-marking standard have List of Subjects in 49 CFR Part 541 previously been selected as high-theft selections in this final rule have lines in accordance with the procedures previously been made in accordance Administrative practice and set forth in 49 CFR Part 542. Under with the provisions of 49 U.S.C. Section procedure, Labeling, Motor vehicles, these procedures, manufacturers 33104, and the manufacturers of the Reporting and recordkeeping evaluate new vehicle lines to conclude selected lines have already been requirements. whether those new lines are likely to be informed that those lines are subject to In consideration of the foregoing, 49 high-theft. Manufacturers submit these the requirements of Part 541 for MY CFR Part 541 is amended as follows: evaluations and conclusions to the 1996. Further, this listing does not agency, which makes an independent actually exempt lines from the PART 541Ð[AMENDED] evaluation, and, on a preliminary basis, requirements of Part 541; it only informs 1. The authority citation for Part 541 determines whether the new line should the general public of all such previously continues to read as follows: be subject to the parts-marking granted exemptions. Since the only requirements. NHTSA informs the purpose of this final listing is to inform Authority: 49 U.S.C. 33102–33104 and manufacturer in writing of its the public of prior agency action for MY 33106; delegation of authority at 49 CFR 1.50. evaluations and determinations, 1996, a full regulatory evaluation has 2. In part 541, Appendices A, A–I, together with the factual information not been prepared. and A–II are revised to read as follows: Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Rules and Regulations 36233 Appendix A to Part 541—Lines Subject to the Requirements of This Standard Manufacturer Subject lines ALFA ROMEO ...... Milano 161. 164. BMW ...... 3 Car Line. 5 Car Line. 6 Car Line. CHRYSLER ...... Chrysler Cirrus. Chrysler Executive. Sedan/Limousine. Chrysler Fifth Avenue/Newport. Chrysler Laser. Chrysler LeBaron/Town & Country. Chrysler LeBaron GTS. Chrysler's TC. Chrysler New Yorker Fifth Avenue. Chrysler Sebring. Dodge 600. Dodge Aries. Dodge Avenger. Dodge Colt. Dodge Daytona. Dodge Diplomat. Dodge Lancer. Dodge Neon. Dodge Shadow.1 Dodge Stratus. Dodge Stealth. Eagle Summit. Eagle Talon. Plymouth Caravelle. Plymouth Colt. Plymouth Laser. Plymouth Gran Fury. Plymouth Neon. Plymouth Reliant. Plymouth Sundance.1 Plymouth Breeze.2 CONSULIER ...... Consulier GTP. FERRARI ...... Mondial 8. 308. 328. FORD ...... Ford Mustang. Ford Thunderbird. Ford Probe. Mercury Capri. Mercury Cougar. Lincoln Continental. Lincoln Mark. Lincoln Town Car. Merkur Scorpio. Merkur XR4Ti. GENERAL MOTORS ...... Buick Electra. Buick Reatta. Chevrolet Nova. Chevrolet Monte Carlo (MYs 1987±88). Oldsmobile Cutlass Supreme. Pontiac Fiero. Pontiac Grand Prix. Geo Prizm. Geo Storm. Saturn Sports Coupe. HONDA ...... Acura TL.2 HYUNDAI ...... Accent.2 ISUZU ...... Impulse. Stylus. JAGUAR ...... XJ. XJ±6. XJ±40. LOTUS ...... Elan. MASERATI ...... Biturbo. Quattroporte. 228. MAZDA ...... GLC. 36234 Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Rules and Regulations Manufacturer Subject lines 626. MX±6. MX±5 Miata. MX±3. MERCEDES-BENZ ...... 190 D. 190 E. 250D±T. 260 E. 300 SE. 300 TD. 300 SDL. 300 SEC/500 SEC. 300 SEL/500 SEL. 420 SEL. 560 SEL. 560 SEC. 560 SL. MITSUBISHI ...... Cordia. Eclipse. Mirage. Tredia. 3000GT. NISSAN ...... Maxima.3 PEUGEOT ...... 405. PORSCHE ...... 924S. SUBARU ...... XT. SVX. Legacy. TOYOTA ...... Avalon. Camry. Celica. Corolla/Corolla Sport. MR2. Starlet. VOLKSWAGEN ...... Audi Quattro. Rabbit. Scirocco. 1 The MY 1995 Dodge and Plymouth Neon car lines replaced the Dodge Shadow and Plymouth Sundance car lines during MY 1994. The Shadow and Sundance continued to be subject to Part 541. 2 Car lines added for MY 1996. 3 Car line subject to parts-marking beginning with MY 1995. Appendix A–I to Part 541—High-Theft Lines With Antitheft Devices Which are Exempted From the Parts-Marking Requirements of This Standard Pursuant to 49 CFR Part 543 Manufacturer Subject Lines AUSTIN ROVER ...... Sterling.1 BMW ...... 7 Car Line. 8 Car Line. CHRYSLER ...... Chrysler Conquest. Imperial. GENERAL MOTORS ...... Buick Regal.1 Buick Riviera. Cadillac Allante. Chevrolet Corvette. Chevrolet Lumina/Monte Carlo.1 Oldsmobile Aurora. Oldsmobile Toronado. HONDA ...... Acura NS±X. Acura Legend. Acura Vigor. ISUZU ...... Impulse (MY's 1987±1991). MAZDA ...... 929. RX±7. Millenia. Amati 1000. MERCEDES-BENZ ...... 124 Carline (the models within this line are): 300D. 300E. 300CE. 300TE. 400E. 500E. Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Rules and Regulations 36235 Manufacturer Subject Lines MERCEDES-BENZ ...... 129 Carline (the models within this line are): 300SL. 500SL. 600SL. 202 Line. C-Class.1 MITSUBISHI ...... Galant. Starion. Diamante. NISSAN ...... Maxima.2 300 ZX. Infiniti M30. Infiniti Q45. Infiniti J30. Infiniti I.1 PORSCHE ...... 911. 928. 968. SAAB ...... 900. 9000. TOYOTA ...... Supra. Cressida. Lexus LS400. Lexus ES250. Lexus SC300. Lexus SC400. VOLKSWAGEN ...... Audi 5000S. Audi 100. Audi 200. Cabriolet. Corrado. Jetta. Golf/GTI.1 1 Lines exempted in full from the requirements of Part 541 pursuant to 49 CFR Part 543, beginning with MY 1996. 2 Exemption applied for MYs 1987±1994. Appendix A–II to Part 541—High-Theft Lines With Antitheft Devices Which are Exempted in Part From the Parts- Marking Requirements of This Standard Pursuant to 49 CFR Part 543 Manufacturer Subject lines Parts to be marked GENERAL MOTORS ...... Chevrolet Camaro ...... Engine, Transmission. Pontiac Firebird ...... Engine, Transmission. Cadillac Deville ...... Engine, Transmission. Cadillac Eldorado ...... Engine, Transmission. Cadillac Seville ...... Engine, Transmission. Cadillac Sixty Special ...... Engine, Transmission.1 Oldsmobile 98 ...... Engine, Transmission. Buick Park Avenue ...... Engine, Transmission. Pontiac Bonneville ...... Engine, Transmission. Buick LeSabre ...... Engine, Transmission. Oldsmobile 88 Royale ...... Engine, Transmission. 1 Renamed the Cadillac Concours beginning with MY 1994. Issued on: July 6, 1995. Barry Felrice, Associate Administrator for Safety Performance Standards. [FR Doc. 95–17037 Filed 7–13–95; 8:45 am] BILLING CODE 4910±59±P 36236 Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Rules and Regulations DEPARTMENT OF COMMERCE Classification The Director, Alaska Region, NMFS, This action is taken under § 672.20 has determined, in accordance with National Oceanic and Atmospheric and is exempt from review under E.O. § 672.20(c)(3), that the TAC for the Administration 12866. shortraker/rougheye rockfish species group in the Eastern Regulatory Area of 50 CFR Part 672 Authority: 16 U.S.C. 1801 et seq. the GOA has been reached. Therefore, [Docket No. 950206041±5041±01; I.D. Dated: July 10, 1995. NMFS is requiring that further catches 070795F] Richard W. Surdi, of the shortraker/rougheye rockfish Acting Director, Office of Fisheries species group in the Eastern Regulatory Groundfish of the Gulf of Alaska; Conservation and Management, National Area of the GOA be treated as Pacific Ocean Perch in the Eastern Marine Fisheries Service. prohibited species in accordance with Regulatory Area [FR Doc. 95–17270 Filed 7–10–95; 4:52 pm] § 672.20(e). BILLING CODE 3510±22±F AGENCY: National Marine Fisheries Classification Service (NMFS), National Oceanic and This action is taken under 50 CFR Atmospheric Administration (NOAA), 50 CFR Part 672 672.20 and is exempt from review under Commerce. E.O. 12866. ACTION: Closure. [Docket No. 950206041±5041±01; I.D. 070795D] Authority: 16 U.S.C. 1801 et seq. SUMMARY: NMFS is closing the directed Groundfish of the Gulf of Alaska; Dated: July 10, 1995. fishery for Pacific ocean perch (POP) in Richard W. Surdi, the Eastern Regulatory Area of the Gulf Shortraker/Rougheye Rockfish in the Eastern Gulf of Alaska Acting Director, Office of Fisheries of Alaska (GOA). This action is Conservation and Management, National necessary to prevent exceeding the POP AGENCY: National Marine Fisheries Marine Fisheries Service. total allowable catch (TAC) in the Service (NMFS), National Oceanic and [FR Doc. 95–17271 Filed 7–10–95; 4:52 pm] Eastern Regulatory Area. Atmospheric Administration (NOAA), BILLING CODE 3510±22±F EFFECTIVE DATE: Effective 12 noon, Commerce. Alaska local time (A.l.t.), July 9, 1995, ACTION: Closure. until 12 midnight, A.l.t., December 31, 50 CFR Part 672 1995. SUMMARY: NMFS is prohibiting retention [Docket No. 950206041±5041±01; I.D. FOR FURTHER INFORMATION CONTACT: of the shortraker/rougheye rockfish 070795E] Michael Sloan, 907–581-2062. species group in the Eastern Regulatory SUPPLEMENTARY INFORMATION: The Area of the Gulf of Alaska (GOA). NMFS Groundfish of the Gulf of Alaska; groundfish fishery in the GOA exclusive is requiring that catches of the Northern Rockfish in the Eastern Gulf economic zone is managed by NMFS shortraker/rougheye rockfish species of Alaska according to the Fishery Management group in this area be treated in the same Plan for Groundfish of the Gulf of manner as prohibited species and AGENCY: National Marine Fisheries Alaska (FMP) prepared by the North discarded at sea with a minimum of Service (NMFS), National Oceanic and Pacific Fishery Management Council injury. This action is necessary because Atmospheric Administration (NOAA), under authority of the Magnuson the shortraker/rougheye rockfish species Commerce. Fishery Conservation and Management group total allowable catch (TAC) in the ACTION: Closure. Act. Fishing by U.S. vessels is governed Eastern Regulatory Area of the GOA has been reached. SUMMARY: NMFS is prohibiting retention by regulations implementing the FMP at EFFECTIVE DATE: 12 noon, Alaska local of northern rockfish in the Eastern 50 CFR parts 620 and 672. Regulatory Area of the Gulf of Alaska In accordance with time (A.l.t.), July 9, 1995, until 12 (GOA). NMFS is requiring that catches § 672.20(c)(1)(ii)(B) the POP TAC for the midnight A.l.t., December 31, 1995. of northern rockfish in this area be Eastern Regulatory Area was established FOR FURTHER INFORMATION CONTACT: treated in the same manner as by the final 1995 harvest specifications Andrew N. Smoker, 907–586-7228. prohibited species and discarded at sea of groundfish (60 FR 8470, February 14, SUPPLEMENTARY INFORMATION: The with a minimum of injury. This action 1995) as 1,914 metric tons (mt). groundfish fishery in the GOA exclusive is necessary because the northern The Director, Alaska Region, NMFS economic zone is managed by NMFS (Regional Director), has determined, in according to the Fishery Management rockfish total allowable catch (TAC) in accordance with § 672.20 (c)(2)(ii), that Plan for the Groundfish Fishery of the the Eastern Regulatory Area of the GOA the POP TAC in the Eastern Regulatory Gulf of Alaska (FMP) prepared by the has been reached. Area soon will be reached. Therefore, North Pacific Fishery Management EFFECTIVE DATE: 12 noon, Alaska local the Regional Director has established a Council under authority of the time (A.l.t.), July 9, 1995, until 12 directed fishing allowance of 1,614 mt, Magnuson Fishery Conservation and midnight A.l.t., December 31, 1995. with consideration that 300 mt will be Management Act. Fishing by U.S. FOR FURTHER INFORMATION CONTACT: taken as incidental catch in directed vessels is governed by regulations Andrew N. Smoker, 907–586-7228. fishing for other species in the Eastern implementing the FMP at 50 CFR parts SUPPLEMENTARY INFORMATION: The Regulatory Area. The Regional Director 620 and 672. groundfish fishery in the GOA exclusive has determined that the directed fishing In accordance with § 672.20(c)(1)(ii), economic zone is managed by NMFS allowance has been reached. the TAC for the shortraker/rougheye according to the Fishery Management Consequently, NMFS is prohibiting rockfish species group in the Eastern Plan for the Groundfish Fishery of the directed fishing for POP in the Eastern Regulatory Area of the GOA was Gulf of Alaska (FMP) prepared by the Regulatory Area. established by the final 1995 harvest North Pacific Fishery Management Directed fishing standards for specifications of groundfish (60 FR Council under authority of the applicable gear types may be found in 8470, February 14, 1995), as 530 metric Magnuson Fishery Conservation and the regulations at § 672.20(g). tons. Management Act. Fishing by U.S. Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Rules and Regulations 36237 vessels is governed by regulations 50 CFR Part 672 recovery rate. However, NMFS implementing the FMP at 50 CFR parts inadvertently changed footnote 2 to 620 and 672. [I.D. 021695C] Table 1 to § 672.20 to indicate that the In accordance with § 672.20(c)(1)(ii), RIN 0648±AH40 second period for the standard pollock the TAC for northern rockfish in the surimi rate was the period July through Eastern Regulatory Area of the GOA was Groundfish of the Gulf of Alaska; September. This document corrects established by the final 1995 harvest Correction footnote 2 to Table 1 to reflect the specifications of groundfish (60 FR appropriate period, i.e., July through 8470, February 14, 1995), as 20 metric AGENCY: National Marine Fisheries December. tons. Service (NMFS), National Oceanic and The Director, Alaska Region, NMFS, Atmospheric Administration (NOAA), Correction of Publication has determined, in accordance with Commerce. § 672.20(c)(3), that the TAC for northern ACTION: Final rule; correction. Accordingly, the publication on May rockfish in the Eastern Regulatory Area 10, 1995 (60 FR 24800), of the final of the GOA has been reached. Therefore, SUMMARY: This document contains a regulations (I.D. 021695C) that were the NMFS is requiring that further catches correction to footnote 2 to Table 1 subject of FR Doc. 95–11429, is of northern rockfish in the Eastern contained in a final regulation (I.D. corrected as follows: Regulatory Area of the GOA be treated 021695C) that was published on as prohibited species in accordance Wednesday, May 10, 1994. The Table 1 to § 672.20 [Corrected] regulation revised the standard product with § 672.20(e). On page 24801, footnote 2 to Table 1 recovery rate for pollock, deep skin to § 672.20, is revised to read as follows: Classification fillets, and product code 24. The This action is taken under 50 CFR regulation was necessary to respond to 2 Standard pollock surimi rate during 672.20 and is exempt from review under new information on the current recovery July through December. E.O. 12866. rate achieved by the groundfish Dated: July 10, 1995. processing industry for this product Authority: 16 U.S.C. 1801 et seq. Nancy Foster, type. Dated: July 10, 1995. Deputy Assistant Administrator for Fisheries, Richard W. Surdi, EFFECTIVE DATE: June 9, 1995. National Marine Fisheries Service. Acting Director, Office of Fisheries FOR FURTHER INFORMATION CONTACT: [FR Doc. 95–17320 Filed 7–13–95; 8:45 am] Catherine Belli, 301-713-2341. Conservation and Management, National BILLING CODE 3510±22±F Marine Fisheries Service. SUPPLEMENTARY INFORMATION: On May [FR Doc. 95–17272 Filed 7–10–95; 4:52 pm] 10, 1995 (60 FR 24800), NMFS revised BILLING CODE 3510±22±F the pollock deep skin fillet product 36238 Proposed Rules Federal Register Vol. 60, No. 135 Friday, July 14, 1995 This section of the FEDERAL REGISTER of a mistakenly deleted Standard (c) * * * contains notices to the public of the proposed Industrial Classification code in (1) Surveys shall, at a minimum, issuance of rules and regulations. The § 532.267(c)(1). include the air transportation and purpose of these notices is to give interested The Federal Prevailing Rate Advisory electronics industries in SIC’s 3571, persons an opportunity to participate in the Committee reviewed this rule making prior to the adoption of the final 3572, 3575, 3577, 3663, 3669, 3672, rules. recommendation and by consensus 3674, 3679, 3695, 3812, 4512, 4513, recommended approval. 4522, 4581, 5044, and 5045. Regulatory Flexibility Act * * * * * OFFICE OF PERSONNEL MANAGEMENT I certify that these regulations would Subpart DÐPay Administration not have a significant economic impact 5 CFR Part 532 on a substantial number of small entities 4. In § 532.401, the definitions of because they would affect only Federal change to lower grade and promotion RIN 3206±AG83 agencies and employees. are revised to read as follows: Prevailing Rate Systems; Technical List of Subjects in 5 CFR Part 532 § 532.401 Definitions. Corrections and Clarifications Administrative practice and * * * * * AGENCY: Office of Personnel procedure, Freedom of information, Change to lower grade means to Management. Government employees, Reporting and change in the position of an employee ACTION: Proposed rule. recordkeeping requirements, Wages. who, while continuously employed— (1) Move from a position in one grade Office of Personnel Management. SUMMARY: The Office of Personnel of a prevailing rate schedule established Management (OPM) is issuing proposed Lorraine A. Green, under this part to a position in a lower regulations to correct and clarify certain Deputy Director. grade of the same type prevailing rate matters relating primarily to pay Accordingly, OPM proposes to amend schedule, whether in the same or administration under the Federal Wage 5 CFR part 532 as follows: different wage area; System (FWS). The proposed (2) Moves from a position under a regulations would correct errors and PART 532ÐPREVAILING RATE prevailing rate schedule established eliminate ambiguities in the SYSTEMS under this part to a position under a administration of the system. 1. The authority citation for part 532 different prevailing rate schedule (e.g., DATES: Comments must be received by continues to read as follows: WL to WG) with a lower representative August 14, 1995. rate; or Authority: 5 U.S.C. 5343, 5346; § 532.707 ADDRESSES: (3) Moves from a position not under Send or deliver comments also issued under 5 U.S.C. 552. to Donald J. Winstead, Assistant a prevailing rate schedule to a position Director for Compensation Policy, Subpart BÐPrevailing Rate with a lower representative rate under a Human Resources Systems Service, Determinations prevailing rate schedule. Office of Personnel Management, Room * * * * * 6H31, 1900 E Street NW., Washington, 2. Section 532.241 is amended by Promotion means a change in the DC 20415. revising paragraph (a)(1) to read as position of an employee who, while FOR FURTHER INFORMATION CONTACT: follows: continuously employed— Paul Shields, (202) 606–2848. § 532.241 Analysis of usable wage survey (1) Moves from a position in one SUPPLEMENTARY INFORMATION: Federal data. grade of a prevailing rate schedule agencies have been instrumental in (a)(1) The lead agency shall compute established under this part to a position helping OPM to identify the need for a weighted average rate for each in a higher grade of the same type several corrections and clarifications in appropriated fund survey job having at prevailing rate schedule, whether in the FWS regulations. In some cases, errors least 10 unweighted matches and for same or different wage area; were noted. In other instances, each nonappropriated fund job having (2) Moves from a position under a regulatory provisions were found to be at least 5 unweighted matches. The prevailing rate schedule established ambiguous. Accordingly, the proposed weighted average rates shall be under this part to a position under a changes include the following: (1) computed using the survey job data different prevailing rate schedule (e.g., Clarification of provisions governing the collected in accordance with §§ 532.235 WG to WL) with a higher analysis of usable wage survey data in and 532.247 and the establishment representatives rate; or § 532.241; (2) clarification of the weight. (3) Moves from a position not under definitions of two terms in § 532.401; (3) a prevailing rate schedule to a position * * * * * a description of limitations on the use with a higher representative rate under 3. In § 532.267, paragraph (c)(1) is of a rate of pay earned on temporary a prevailing rate schedule. revised to read as follows: promotion as a ‘‘highest previous rate’’ * * * * * in § 532.405; (4) correction for § 532.267 Special wage schedules for 5. In § 532.405, paragraph (d) is added conformance with 5 CFR part 536 of aircraft, electronic, and optical instrument to read as follows: provisions on the application of pay overhaul and repair positions in Puerto retention when a wage schedule is Rico. § 532.405 Use of highest previous rate. reduced in § 532.415; (5) and insertion * * * * * * * * * * Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Proposed Rules 36239 (d) The highest previous rate may be A decision on a proposal that would Secretary’s ruling on the petition, based upon a rate of pay received during utilize only a route disposition standard provided a bill in equity is filed not a temporary promotion, so long as the to determine under which Federal order later than 20 days after the date of the temporary promotion is for a period of a plant should be regulated cannot be entry of the ruling. not less than 1 year. This limitation made on the basis of the hearing record. Prior document in this proceeding: does not apply upon permanent DATES: Comments are due on or before Notice of Hearing: Issued February 25, placement in a position at the same or August 14, 1995. 1994; published March 4, 1994 (59 FR higher grade. ADDRESSES: Comments (six copies) 10326). 6. In § 532.415, paragraph (c) is should be filed with the Hearing Clerk, Preliminary Statement revised to read as follows: Room 1083, South Building, United Notice is hereby given of the filing § 532.415 Application of new or revised States Department of Agriculture, Washington, DC 20250. with the Hearing Clerk of this wage schedules. recommended decision with respect to FOR FURTHER INFORMATION CONTACT: * * * * * proposed amendments to the tentative (c) In applying a new or revised wage Gino M. Tosi, Marketing Specialist, marketing agreement and the order schedule, the scheduled rate of pay of USDA/AMS/Dairy Division, Order regulating the handling of milk in the an employee paid at one of the steps of Formulation Branch, Room 2971, South Middle Atlantic marketing area. This the employee’s grade on an old wage Building, P.O. Box 96456, Washington, notice is issued pursuant to the schedule shall be adjusted upward to DC 20090–6456, (202) 690–1366. provisions of the Agricultural Marketing the newly adjusted rate for the same SUPPLEMENTARY INFORMATION: This Agreement Act and the applicable rules numerical step of the grade whenever administrative action is governed by the of practice and procedure governing the there is an increase in rates. Except provisions of Sections 556 and 557 of formulation of marketing agreements when there is a decrease in wage rates Title 5 of the United States Code and, and marketing orders (7 CFR Part 900). because of a statutory reduction in therefore, is excluded from the Interested parties may file written scheduled rates, the employee is requirements of Executive Order 12866. exceptions to this decision with the entitled to pay retention as provided in The Regulatory Flexibility Act (5 Hearing Clerk, U.S. Department of 5 CFR 536.104(a)(3). U.S.C. 601–612) requires the Agency to Agriculture, Washington, DC 20250, by examine the impact of a proposed rule the 30th day after publication of this [FR Doc. 95–17278 Filed 7–13–95; 8:45 am] on small entities. Pursuant to 5 U.S.C. BILLING CODE 6325±01±M decision in the Federal Register. Six 605(b), the Administrator of the copies of the exceptions should be filed. Agricultural Marketing Service has All written submissions made pursuant certified that this proposed rule will not DEPARTMENT OF AGRICULTURE to this notice will be made available for have a significant economic impact on public inspection at the office of the a substantial number of small entities. Agricultural Marketing Service Hearing Clerk during regular business The amendments would promote more hours (7 CFR 1.27(b)). 7 CFR Part 1004 orderly marketing of milk by producers The proposed amendments set forth and regulated handlers. [Docket No. AO±160±A71; DA±93±30] below are based on the record of a The amendments to the rules public hearing held at the Holiday Inn- proposed herein have been reviewed Milk in the Middle Atlantic Marketing Independence Mall, 400 Arch Street, under Executive Order 12778, Civil Philadelphia, Pennsylvania, on May 3, Area; Recommended Decision and Justice Reform. They are not intended to Opportunity To File Written Exceptions 1994, pursuant to a notice of hearing have a retroactive effect. If adopted, the issued February 25, 1994, and published on Proposed Amendments to Tentative proposed amendments would not Marketing Agreement and to Order in the Federal Register, March 4, 1994 preempt any state or local laws, (59 FR 10326). AGENCY: Agricultural Marketing Service, regulations, or policies, unless they The material issues on the record of USDA. present an irreconcilable conflict with the hearing relate to: ACTION: Proposed rule. this rule. 1. Pool plant definitions and The Agricultural Marketing qualifications; SUMMARY: This document recommends Agreement Act of 1937, as amended (7 2. Diversions of milk to nonpool changes in some provisions of the U.S.C. 601–674), provides that plants; Middle Atlantic milk marketing order administrative proceedings must be 3. Regulation of distributing plants based on industry proposals considered exhausted before parties may file suit in that meet the pooling standards of more at a public hearing. The changes would court. Under section 608c(15)(A) of the than one Federal order. reduce the standards for regulating Act, any handler subject to an order may 4. Discretionary authority to revise distributing plants and cooperative file with the Secretary a petition stating pooling standards and producer milk reserve processing plants and increase that the order, any provision of the diversion limits. the amount of producer milk that can be order, or any obligation imposed in diverted to nonpool plants. Additional connection with the order is not in Findings and Conclusions changes would authorize the market accordance with the law and requesting The following findings and administrator to adjust pool plant a modification of an order or to be conclusions on the material issues are qualification standards and producer exempted from the order. A handler is based on evidence presented at the milk diversion limits to reflect changes afforded the opportunity for a hearing hearing and the record thereof: in marketing conditions. Also, the on the petition. After a hearing, the decision provides that a pool Secretary would rule on the petition. 1. Pool Plant Definitions and distributing plant that meets the pooling The Act provides that the district court Qualifications standards of more than one Federal of the United States in any district in Two proposals that would modify the order should continue to be regulated which the handler is an inhabitant, or pool plant definition of the order should under this order for two months before has its principal place of business, has be adopted. One proposal would regulation can shift to the other order. jurisdiction in equity to review the exclude diversions of producer milk 36240 Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Proposed Rules from a pool distributing plant’s receipts because of the producer definition of the market while decreasing the in determining whether or not the plant order. uneconomic movement of milk. satisfies the pool plant definition Cooperatives in Order 4 attempt to No opposition to excluding diverted standard. Currently, the order’s pool market milk, said Pennmarva, in a milk as a receipt at a distributing plant plant definition includes diverted manner that will minimize the overall for determining pool plant status producer milk as a receipt at a transportation costs. Pennmarva said (Proposal No. 1) was received. distributing plant in determining that accounting for diversions at the Currently, a cooperative must ship a whether the plant has a sufficient individual plant level places an minimum of 30 percent of its member proportion of its receipts in Class I use unnecessary and costly burden on milk to an Order 4 pool distributing to qualify as a pool plant. The other cooperatives. Pennmarva also noted that plant in order for its milk to be pooled. proposal would reduce the percentage to a pool handler who buys his/her Pennmarva proposed to reduce the of a cooperative association’s member entire milk supply from a cooperative, minimum percentage to 25 percent as milk that must be transferred to pool there are no market-disruptive published in the hearing notice as distributing plants from 30 percent to 25 consequences if milk is over-diverted. Proposal No. 4. Pennmarva testified that percent of receipts for a reserve According to Pennmarva, handlers this reduction is needed to continue the processing plant to qualify as a pool continue to pay the appropriate class pooling of Order 4 producers plant. price for the milk when an excess historically associated with the market Pennmarva, a federation of certain amount of milk is diverted from the and is preferable to suspension of such Middle Atlantic marketing area dairy plant. However, the cooperative provisions. Pennmarva testified that this change cooperatives, and Atlantic Processing, supplying milk must reduce the volume is warranted because of recent changes Inc., an association of cooperatives, of milk from the pool when it over- in the market. Pennmarva cited that proposed the changes to the pool plant diverts milk shipments so that the plant between 1990 and 1992, the level of definition of the order which were will continue to qualify as a pool plant. Class I sales has remained unchanged, published as Proposal No. 1 and Additionally, Pennmarva testified that while producer receipts expanded. The Proposal No. 4 in the hearing notice. the lack of complete knowledge of a expansion of producer receipts caused a Pennmarva’s members include Atlantic pool distributing plant’s other milk reduction of the Class I utilization for Dairy Cooperative; Dairymen supplies makes it unnecessarily difficult the market, according to published Incorporated (Middle Atlantic Division); to effectively operate under the current statistics. Class I use dropped from 53.1 Maryland and Virginia Milk Producers’ requirements of the pool plant percent in 1990, to 50.7 percent in 1991, Cooperative Association; and Valley of definition. No supplier knows either the and to 48.0 percent in 1992. Level Class Virginia Co-operative Milk Producers total receipts of the distributing plant or I sales and expanding production in Association—associations that market the Class I disposition of the plant, said Order 4 between 1990 and 1992, said more than 90 percent of the producer Pennmarva. Similarly, Pennmarva Pennmarva, reduced the proportion of milk associated with the order. Atlantic testified, suppliers of a pool distributing Order 4 milk delivered to pool Processing, Inc., members include plant have no knowledge of the plant’s distributing plants by cooperatives Mount Joy Milk Producers Cooperative in-area Class I sales. This lack of operating reserve processing plants. and Cumberland Valley Milk Producers knowledge by the supplying cooperative Pennmarva also testified that in 1993, Cooperative. is especially important, according to both Class I and producer receipts According to the Pennmarva witness, Pennmarva, because the ‘‘lock-in’’ declined. According to market changing the distributing plant pooling provisions of the pool plant definition administrator statistics, production standard (Proposal No. 1) is a more do not apply to the requirement that 15 decreased by 162.3 million pounds and comprehensive solution to past informal percent of the plant’s sales must be Class I sales fell by 265.6 million rulemaking actions which suspended within the marketing area. pounds—resulting in a Class I the requirement that 40 percent of a Pennmarva testified that deleting utilization percentage of 45.1 percent. pool plant’s receipts be disposed of as diversions from a plant’s receipts in According to Pennmarva, the Class I milk during the months of determining its regulatory status would reduction of Class I use in Order 4 September through February. These have limited effects given present during 1993 was partially attributable to suspension actions were taken because marketing conditions within the order. a shifting of an Order 4-regulated of the decline of Class I use in the Order According to Pennmarva, plants that distributing plant located in Lansdale, 4 marketplace and because of a shift in meet the 15 percent in-area sales and 40 PA, in November 1992 and another regulation of two plants that were percent Class I disposition pooling distributing plant located in Reading, regulated under the order. standard in the months of September PA, in January 1993 to regulation under Pennmarva testified that a more through February, and 30 percent Class another Federal order. Pennmarva said permanent change to the pool plant I disposition during the remainder of this had the effect of reducing the Order definition is warranted because: (1) the the year, will continue to be pooled 4 pool plant deliveries required by Order 4 market is primarily serviced by under the order. According to reserve processing plants to maintain cooperatives in a system-wide fashion Pennmarva, diversions from such plants pool status. and that accounting for diversions at the either by a cooperative or by a handler Pennmarva maintained that the individual plant level given this with a non-member supply will shifting of regulation of these two plants cooperatively-supplied nature of the continue to be regulated through the has had a dramatic effect. In a one-year Order 4 market is burdensome; (2) there producer definition of the order. period from October 1992 to October is a lack of complete knowledge by the Pennmarva also indicated that both the 1993, Atlantic Dairy Cooperative, which servicing cooperative of the total producer definition and the pool reserve operates a pool reserve processing plant, receipts and Class I sales of the pool processing plant definition will delivered 13.3 percent less milk to a distributing plants from which the continue to encourage deliveries of Lansdale, PA, distributing plant. cooperative diverts milk; and (3) cooperative and non-member milk Between December 1992 and December continued association of diverted milk supplies to Order 4 pool plants in 1993 Maryland and Virginia Milk on the order would still be provided for meeting priority Class I needs of the Producers Cooperative Association, Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Proposed Rules 36241 which also operates a pool reserve demands of the Class I market. Such pounds. Similarly, over the same three- processing plant, experienced a 14 prevailing marketing conditions have in year period, the witness also noted the percent reduction in deliveries to a the past resulted in the suspension of annual Class I utilization of the market Reading, PA, distributing plant. certain pooling provisions of reserve fell from 50.7 percent in 1991, to 48 Pennmarva noted other changes in the processing plants operated by percent in 1992, and to 45.1 percent in Order 4 market, including the closing of cooperatives so that producer milk 1993. This witness testified that because a distributing plant in Harrisburg, PA, normally associated with the Order 4 the market’s Class I use decreased, and a change in the product mix of two market would remain pooled under the diversions to nonpool plants increased. large Order 4 distributing plants that order. Proposal No. 4 offers a more According to Pennmarva, such a eliminated yogurt and cottage cheese permanent and reasonable solution to situation makes it difficult to keep production. Pennmarva said this loss of potentially repetitive requests by Order producers historically associated with Class II business at distributing plants 4 producers for suspension of such the market pooled under the order. caused a reduction in the amount of pooling standards by easing the Johanna provided similar testimony pool-qualifying milk deliveries for the shipping standard by 5 percentage and indicated that there is no equitable cooperative supplying milk to these points. basis why diversions of nonmember plants. Additionally, Pennmarva made milk should not similarly be increased note of previous suspension actions to 2. Diversions of Milk to Nonpool Plants from the current 40 percent of receipts extend the period of automatic pool Two proposals that would increase for nonmember milk to a maximum of plant status for supply and reserve the permissible percentage of milk 45 percent of receipts. Johanna testified processing plants. deliveries for both cooperative (or that the producer definition historically No opposition to reducing the federation of cooperative associations) has offered disparate treatment between shipping standard (Proposal No. 4) was and non-cooperative (nonmember) milk member (cooperative) and nonmember received. that may be diverted under the producer milk in terms of the allowable Regarding Proposal No. 1, the record definition of the order should be percentage of milk that can be diverted is clear that cooperatives play a adopted. The proposal for increasing the to nonpool plants and still be priced dominant role in servicing the Middle permissible percentage of cooperative under the order. Johanna noted that the Atlantic marketing area, accounting for milk that can be diverted to nonpool incremental difference between the two some 90 percent of milk deliveries to plants was proposed by Pennmarva and has consistently been 10 percentage pool distributing plants. While was Proposal No. 7 as published in the points, and that if the allowable accounting for diversions on an hearing notice. The proposal for percentage of member deliveries can be individual plant basis has merit, good increasing the permissible percentage of increased by 5 percentage points, reason exists to conclude that in this nonmember milk that can be diverted to nonmember milk should similarly be market, retaining individual plant nonpool plants was proposed by increased by the same amount. accounting for the purposes of Johanna Dairies, Inc. (Johanna), a Johanna also supported Pennmarva’s diversions does place a burden and handler regulated under both the observations of the market administrator costs on cooperatives who seek to Middle Atlantic and New York-New statistics that show the steadily deliver milk to where it is needed in the Jersey marketing orders and was declining percentage of Class I milk most economic fashion. This is Proposal No. 9 as published in the receipts within the order’s pool. The especially important and justified due to hearing notice. same statistics, Johanna said, support the changing marketing conditions of Another proposal by Pennmarva— the adoption of their proposal. declining Class I use in the marketing intended to more clearly define the No opposition to the adoption of area. pooling requirements for producer Proposals Nos. 7 and 9 was received. As indicated by the testimony and in deliveries to pool plants and the status Regarding Proposal No. 7, changing a brief filed by Pennmarva, distributing of producers whose marketing is marketing conditions, namely plants generally have more than one interrupted by compliance with health increasing producer receipts and supplier, and such suppliers generally regulations under the producer declining Class I use, provide support do not know the plant’s total receipts definition of the order—was abandoned for adoption of this proposal to increase and Class I disposition. This makes it and received no evidence or testimony the percentage of milk of cooperative difficult to determine what milk can be at the hearing. This proposal was members which may be diverted to non- diverted from any single pool plant in Proposal No. 6 as published in the pool plants during the months of a given month. Inadvertent over- hearing notice. September through February. This diversions of milk will result in milk In Proposal No. 7, Pennmarva proposal offers a reasonable unopposed not being eligible for pooling and the recommended increasing the solution for more orderly marketing and benefits that accrue from such pooling. permissible percentage of milk that can to keep milk pooled under the order that Part of the Order 4 pooling provisions be diverted to nonpool plants to a has historically been associated with the rests on a 15 percent route disposition maximum volume of 55 percent of market. standard. Adoption of Proposal No. 1 receipts instead of the current 50 Regarding Proposal No. 9, the record would enable cooperatives supplying percent maximum. For nonmember does not reveal any reason to not the market to more economically move milk, Johanna proposed increasing the similarly increase the permissible milk without undermining this standard maximum allowable deliveries from the diversion limit by handlers with non- or other pool plant definition standards. current 40 percent to a new maximum cooperative member milk supplies for Regarding Proposal No. 4, changing of 45 percent. the same reasons already indicated marketing conditions, namely Citing statistics prepared by the regarding Proposal No. 7. expanding producer receipts and a market administrator, the Pennmarva decline in the Class I utilization of the witness observed that over the three- 3. Regulation of Distributing Plants That market, provide support for changing year period of 1991 to 1993, producer Meet the Pooling Standards of More the pooling requirements for reserve receipts under Order 4 increased by Than One Federal Order processing plants operated by a 158.8 millions pounds, while Class I a. A proposal to leave the cooperative, without negating the disposition fell by 277.3 million determination of which order regulates 36242 Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Proposed Rules a plant with pool-qualifying disposition percent. Pennmarva attributed these According to Pennmarva, a plant which in more than one Federal order to the changes partly to the change in qualifies as a pool plant in either order provisions of § 1004.7(f)(1) cannot be regulation of the already-noted plants. prior to the adoption of this proposal decided upon on the basis of the hearing Pennmarva also testified that the will continue to qualify as a pool plant. record. The provisions of § 1004.7(f)(1) exchange of milk between Orders 2 and Significant opposition testimony was requires that if a pool plant qualifies as 4 has historically been equal. However, received regarding Proposal No. 3. a pool plant in another order, the plant according to Pennmarva, this Johanna, testified that Proposal No. 3 will be regulated under that order relationship changed greatly in the past seems intended to prevent them from unless the plant has a greater volume of year. Citing Order 4 market pooling the milk from its Lansdale plant Class I dispositions in the Order 4 administrator published statistics (the under the New York-New Jersey milk marketing area. Currently, this order volume of packaged fluid sales from order despite the fact that the greater provision is subordinated by an Order 2 into the Order 4 marketing area percentage of such milk ultimately is additional provision in § 1004.7(f)(2) in 1993), Pennmarva indicated that distributed as Class I milk in that area. that yields a plant’s pool status to 327.3 million pounds of pooled and To the best of his knowledge, Johanna another order whenever such plant priced Order 2 milk was disposed of in said, Proposal No. 3 would have no qualifies as a pool plant under the other the Order 4 marketing area, up by 134.7 effect on any other handler. Moreover, order. It is this subordinating provision million pounds from 1992—an increase the requirement that milk received at that is proposed to be deleted from the of 70 percent. However, Order 4 priced Johanna’s Lansdale plant be pooled in order (Proposal No. 3 as published in and pooled milk in the Order 2 Order 4 yields no material benefit to the hearing notice). In other words, marketing area over the same time Order 4 producers. Proposal No. 3, offered by Pennmarva, period increased by only 12.1 percent to According to Johanna, Proposal No. 3 would determine the regulation of a a total of 238.0 million pounds. This fails to recognize the close relationship plant under the order on the basis of change of the historical balance was between the Order 2 and Order 4 where the plant has its greatest Class I attributed by Pennmarva to the shifting markets and would be route disposition in the event that a of regulation of the Lansdale pool plant counterproductive to the goals of the plant qualifies as a pool plant under in November 1992 and the Reading pool Federal milk marketing scheme. another order. plant in January 1993 to regulation Johanna contended that milk which is According to Pennmarva, the yield under Order 2. Even though these plants received and separated at one plant, and provision contained in § 1004.7(f)(2) became regulated under the New York- then shipped as bulk milk for unnecessarily subordinates the Middle New Jersey milk order, Pennmarva said, subsequent packaging and Class I Atlantic milk order to the provisions of these plants continued to have distribution by another plant, is most another Federal order. Such significant Class I route disposition in clearly associated with the market in subordination is not needed, said the Order 4 marketing area. which the milk ultimately is distributed Pennmarva, because the provisions of Pennmarva also justified using the on fluid routes. Johanna also asserted § 1004.7(f)(1) defines a comprehensive measure of greatest Class I route sales as that if more than half of a plant’s and adequate standard for determining the basis for deciding where a plant receipts from producers are regularly whether a pool plant should be should be pooled by citing the shipped to another plant for packaging regulated under Order 4. provisions of nearby orders that provide and Class I disposition in another order, Pennmarva testified that two pool for this measurement; specifically, the the plant initially receiving the milk, plants, one located in Lansdale, PA Carolina (Order 5) and the Eastern Ohio- and those farmers who supply such (Lansdale), and the other located in Western Pennsylvania (Order 36) milk milk, should be associated with and Reading, PA (Reading), have changed orders. However, noted Pennmarva, the pooled under the order where those from being regulated under Order 4 to New York-New Jersey order provides a later fluid Class I sales are made. Order 2. These changes, said different measure. Johanna testified that its Lansdale Pennmarva, have had the effect of Pennmarva noted differences between plant became pooled under Order 2 for depressing the Order 4 blend price Order 4 and Order 2 pooling provisions. legitimate business reasons and not for relative to the blend price of Order 2. Order 2 allows for transfers of bulk fluid the purpose of circumventing where it According to Pennmarva, the New York- milk (classified as Class I-A) between is regulated. The reason for the switch New Jersey 1992 average blend price plants, while Order 4 specifically in regulation from Order 4 to Order 2 was $0.68 per hundredweight less than excludes deliveries to a plant, said was the cessation of milk processing at the Order 4 blend price for the same Pennmarva. This difference in order another Johanna plant located in time period. Similarly, Pennmarva provisions may result in a situation Flemington, New Jersey (Flemington). indicated that for 1993, the Order 2 where a plant may have a greater in-area Prior to this plant’s closure, Johanna blend price was $0.50 per cwt. less than packaged route disposition in Order 4, said, the Flemington plant had been in Order 4. but, testified Pennmarva, because Order distributing some 677 million pounds of Pennmarva testified that between 2 allows for plant transfers of bulk fluid Class I milk annually in the Order 2 1992 and 1993 there also were changes milk (milk classified as Class I-A), such market and had been an Order 2 pool in Class I receipts and utilization bulk transfers may cause the plant to plant for more than 15 years. between Order 4 and Order 2. During have greater total Class I assignments in Upon closing the Flemington plant, this time period, Class I receipts of Order 2 than in Order 4. In this event, Johanna indicated that the greatest producer milk in Order 4 fell by said Pennmarva, the subordinating majority of its milk business was 265,613,000 pounds while in Order 2 language of § 1004.7(f)(2) causes the relocated to its Lansdale operation, with they rose by 170,765,660 pounds, said plant to be regulated as an Order 2 pool the greatest majority of its Class I sales Pennmarva. During this same time plant, even though it may have more in Order 2. Johanna said there was no period, the Class I utilization of Order packaged Class I route distribution in change in Class I disposition in either 4 shrank by nearly 3 percentage points the Order 4 marketing area. Order 2 or Order 4 by virtue of the to a total of 45.1 percent, while the Pennmarva said this proposal would movement of that milk. Johanna Order 2 Class I utilization grew by one not change the pool plant definition of asserted again that the combining of percentage point to a total of 40.3 the New York-New Jersey order. operations of the two plants at Lansdale Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Proposed Rules 36243 was a business decision and not an should be addressed through proposed historical uniqueness of Order 2 in attempt at manipulating order amendments to the New York-New terms of its use of up-country plants to provisions. Jersey order and not this proceeding, separate farm milk into skim milk that Johanna testified that producers in said Johanna. is shipped hundreds of miles to city Pennsylvania’s milkshed typically Johanna asserted that the 24.5-cent bottling plants, while leaving the cream supply large quantities of milk to location adjustment between the two fraction of the raw milk in up-country handlers in both Orders 2 and 4. zones was properly factored into Order plants for processing into Class II or Further, said Johanna, it is unrealistic to 2’s location differential scheme based Class III products. view the Pennsylvania milkshed as upon the historical mechanism of Opposition testimony was also somehow geographically linked to the transporting distant milk to the urban received from a witness on behalf of Order 4 market. The overlapping nature market through the use of receiving Clover Farms Dairy Company (Clover of this milkshed between the two stations. Johanna added that the 24.5- Farms), located in Reading, PA. Clover orders, said Johanna, supports Order 2 cent difference equalizes the price, for Farms testified that adoption of regulation of a Pennsylvania plant that competitive purposes, of milk brought Proposal No. 3 would lead to distributes the majority of its fluid milk into the Order 2 market from more irreconcilable conflict with the within the Order 2 marketing area. distant locations. The witness said that provisions of the New York-New Jersey Johanna emphasized that the Lansdale as milk had to be shipped from more order. plant is a ‘‘designated’’ Order 2 pool distant locations, receiving stations Clover Farms testified that the most plant, and therefore is relied upon by collected the milk from dispersed basic provisions of any milk marketing the performance standards of such producers. At the time the Order 2 order are those that determine which designation to provide support for Class location differential applicable to the plants are to be regulated. These I sales within the marketing area. The Lansdale operation was adopted, said provisions, Clover Farms said, often presence of such plants, said Johanna, Johanna, the location adjustment differ from one order to another because supports the blend price which difference was intended to allow they are designed to meet the varying accommodates the large amount of handlers to recoup the fixed costs characteristics of the marketing areas manufacturing milk pooled in the New associated with the creation and involved. According to Clover Farms, York-New Jersey order. maintenance of receiving stations. At because an individual plant serving a No appreciable adverse effect on the the same time, Johanna added, the diverse market may meet the pooling Order 4 blend price would result from location adjustment difference between requirements of more than one Federal the inclusion of the Lansdale plant zones was intended to not affect any order, each order must specify how such under Order 2, according to Johanna’s Order 2 plant then in existence. a situation is to be resolved. Moreover, analysis. The effect on the Order 4 blend A witness from Dairylea Cooperative, said Clover Farms, the resolution as price using 1993 averages, said Johanna, Inc. (Dairylea), of Syracuse, New York, determined by each order involved must amounts to about a three-cent reduction. also testified in opposition to Proposal lead to the same conclusion, otherwise Johanna also indicated that pooling the No. 3. Dairylea is a dairy farmer no guidance will be given either to the milk under Order 4 would have had a cooperative comprised of some 2,200 Department of Agriculture or to the slightly smaller reduction in the blend members throughout the northeast of courts in resolving the conflict. price received by Order 2 producers. the United States who produce milk Clover Farms testified that Proposal Johanna concluded that any regulated under Federal Orders 1, 2, 4, No. 3 would eliminate the basis for justification for adopting Proposal No. 3 and 36. This witness testified Order 4 deciding which order takes precedence upon a supposed improvement in the provisions currently recognizes its when a plant would otherwise be blend price by pooling the Lansdale interdependence with Order 2. When subject to the classification and pricing plant under Order 4 fails to account for there is a dispute over which order a provisions of both Order 4 and another the effect upon the blend price in Order particular plant should be pooled under, Federal order. Leaving the 2. At most, said Johanna, classification Dairylea said, there is recognition by determination on which order has the of the plant’s milk with one order or the Order 4 provisions of the historical greater volume of Class I milk disposed other would represent an insignificant uniqueness of Order 2 in terms of its use of on routes in its marketing area from adjustment in the movement, up or of up-country plants to separate farm the plant might work, said Clover down, of blend prices in either order. milk into skim milk that is shipped Farms, provided the other order has a Johanna also testified that Proposal hundreds of miles to city bottling provision that provides the same No. 3 seems intended to eliminate the plants, while leaving the cream fraction conclusion. This could not work in the applicable location differential as an of the raw milk in the up-country plants case of Order 4 and Order 2, Clover Order 2 plant. Because of the Lansdale’s for processing into Class II or Class III Farms indicated, because the provisions route distribution in Order 2, the products. Dairylea said this is part of a of the New York-New Jersey order bases existing location differential is fair, said sound economic system that has the decision on which order has the Johanna. Adoption of Proposal No. 3, developed over many years. larger portion of disposition of Class I– according to Johanna, would place them According to Dairylea, adoption of A milk, which includes bulk shipments at a competitive disadvantage against Proposal No. 3 would set up a direct of milk assigned to Class I, in its other Order 2 handlers competing in the conflict between Order 4 and Order 2 marketing area. Since Order 4 does not market for fluid sales. Johanna noted pooling provisions because adopting it recognize the role of bulk shipments in that there is a 24.5-cent difference in the would tend to amend the application of its calculation, said Clover Farms, location differential in Order 2 between Order 2’s pooling provisions. Dairylea adoption of Proposal No. 3 would the Lansdale plant’s applicable zone was of the opinion that Proposal No. 3 provide no basis upon which to resolve (the 71–75 mile zone) and the next appeared to be based solely on the goal the conflict between the two orders nearer zone (the 61–70 mile zone). If of enhancing a single group’s economic when a plant meets the pooling Proposal No. 3 is intended to alter the interest without regard to the potential provisions of both. location differentials of Order 2 because of injury to another order’s system of The opposition testimony of the of some perceived unfairness, such milk sales that developed over many Clover Farms witness was supported in changes to the Order 2 pricing structure years. Dairylea indicated there is a testimony by a witness who testified on 36244 Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Proposed Rules behalf of Eastern Milk Producers The Pennmarva brief also challenged which no changes were made regarding Cooperative Association, a dairy farmer the Johanna witness’ assertion that all of this issue from the recommended cooperative having some 2,400 members its transferred milk was ultimately decision. According to Pennmarva, such that ship milk to Orders 1, 2, 4, and 36. distributed on routes in the Order 2 an example speaks to a fundamental A brief filed by Pennmarva noted that marketing area. Pennmarva noted that intent of milk marketing orders—to while Johanna agrees that a plant should transfers were made between Lansdale, regulate handlers that compete for sales be pooled under the order in which PA, and Reddington Farms (an Order 2 within the specific geographic most Class I sales are made, Johanna pool plant) and that market definition of the marketing area. provided no evidence to support the administrator statistics indicate that A brief filed by Johanna reiterated claim that fluid milk transfers from the Reddington Farms enjoyed Class I route their opposition to the adoption of Lansdale plant were in fact distributed disposition in the Order 4 marketing Proposal No. 3. on routes in the Order 2 marketing area, area in every month between 1991 and Reply briefs filed by both Pennmarva thereby meeting a defacto route 1994. and Johanna similarly reiterated their disposition test. Pennmarva argues here In response to the Clover Farms’ positions given in testimony and in that if, in fact, the Lansdale plant has testimony that adoption of Proposal No. submitted briefs. However, Johanna’s greater route disposition in Order 2 than 3 would lead to irreconcilable conflict reply brief takes objection to it has in Order 4, the adoption of with Order 2 and that such conflict Pennmarva’s suggestion that Johanna Proposal No. 3 will have no effect on the would need to be addressed by the should simply effectuate changes in its plant. Pennmarva further argues that Dairy Division, Pennmarva cited an Lansdale operations so as to convert its even if the plant did not now have example of how, through administrative bulk shipments of fluid milk to Order 2 greater route disposition in Order 2, determination, a pooling issue such as into route disposition and thereby operators of the plant could implement this might be handled. The Pennmarva preserve the plant as an Order 2 plant the changes necessary to ensure greater brief asserted that it is within the under the strictures of § 1004.7(f)(1). route sales in Order 2. purview of the Act for proponent According to Johanna, this suggestion To illustrate the need for adopting cooperatives, which represent volumes does not take into account the Proposal No. 3, the Pennmarva brief in excess of 90 percent of the Order 4 impracticality and costs to Johanna of noted that in 1993, the Lansdale plant market, to delete provisions which pooling the Lansdale plant to had 224 millions pounds of Class I subjugate the order to all other orders accommodate the packaging disposition in Order 4 and 245 million and to rely on a route disposition test requirements of multiple wholesale pounds of Class I disposition in Order in determining where a plant should be customers who presently receive bulk 2, for a total of 469 million pounds. Of pooled when it also qualifies for pooling shipments from the Lansdale plant for that 469 million pounds, Pennmarva under another order. packaging and ultimate route indicated that at least 10 percent (46.9 According to the Pennmarva brief, disposition in Order 2. million pounds) of its milk was orderly marketing within Order 4 Johanna also counters the transferred in bulk or packaged form should not be hinged on an Pennmarva’s reference to another from Lansdale to other plants. accommodation to another order. rulemaking proceeding and According to Pennmarva, Lansdale Pennmarva does concede that the recommended decision involving a consequently distributed on routes no interplay of adjoining markets, such as pooling issue of a Ultra High more than 198.1 million pounds in the Order 2 and 4, must be considered in Temperature (UHT) plant in another Order 2 marketing area. Thus, maintaining orderly marketing but Federal order. While Pennmarva cited Pennmarva claims that the Lansdale indicated there is nothing in the record this recommended decision as an plant distributed 198.1 million pounds which provides a reason why Order 4 example of how administrative of Class I milk on routes in Order 2 should be subordinated to Order 2 or intervention could be used to determine versus 224 million pounds of Class I any other order. This is important, where a plant should be regulated, milk in Order 4, clearly revealing that according to Pennmarva, because of the Johanna views this recommended there is more route disposition under economic hardship brought about decision as providing certainty and Order 4. However, because of the yield through depressed blend prices. orderly conditions for the UHT plant provision contained in § 1004.7(f)(2), Pennmarva indicates that there is no and its producer on where it will be according to Pennmarva, the Lansdale benefit to Order 4 producers from the pooled. In this example, Johanna notes plant is regulated under Order 2. application of the provisions of that the route disposition test, as a The Pennmarva brief contends that § 1004.7(f)(2) and that its elimination single criteria for pooling, is rejected Johanna’s testimony that the Lansdale will not change the pooling standards of because of the unique aspects of the Class I–A milk transfers were ultimately any other Federal order. marketing conditions faced by the UHT distributed on routes in Order 2 is in In defense of the adequacy of using a plant. Such uniqueness should also be error. Pennmarva noted that the route disposition test, the Pennmarva recognized for the Lansdale plant, said definition of Class I–A milk under Order brief cited a recommended decision Johanna, because it makes Class I bulk 2 is ‘‘as route disposition in an other applicable to another Federal order in shipments to an order which does not order marketing area’’ as delineated in which a plant that qualifies under more rely solely on a route distribution § 1002.41(a)(1)(ii) of the New York-New than one order is regulated under the pooling test. Jersey order. Thus, according to order which it enjoys the greatest route At issue regarding Proposal No. 3 is Pennmarva, a plant which otherwise disposition. This recommended where a plant should be pooled and qualifies as an Order 2 pool plant can decision indicated that such application regulated when it meets the pooling dispose of milk on routes in the Order normally assures that all handlers standards of more than one order. Both 4 marketing area, and such dispositions having principal sales in a market are the proponent and opponents to are classified under Order 2 as Class I– subject to the same pricing and other Proposal No. 3 agree that the market in A. Pennmarva indicated that once regulatory requirements. Official Notice which fluid sales distributed on routes classified as Class I–A, no further is taken of the Final Decision (59 FR are greatest is where a plant should be distinction is made regarding the 26603, published May 23, 1994) for the regulated. Where a plant should be ultimate destination of route sales. Southern Michigan marketing area in regulated is a most important feature of Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Proposed Rules 36245 all Federal milk orders. The basis upon if the Lansdale plant may have had I disposition, but Order 2 and Order 4 which a marketing area is determined is more route sales in Order 4. each rely on different forms of founded on the basis of where handlers The Lansdale plant is physically measuring this outcome. Due compete with each other for fluid sales. located within the Order 4 marketing recognition of the regulatory impact on An important determinant of handlers area and until recently had historically a plant that meets the pooling standards competing with each other for sales is been pooled as an Order 4 pool of the New York-New Jersey order is generally made through a measurement distributing plant. Further, the Lansdale warranted because the plant has met of the route disposition of fluid milk. plant is clearly a fluid distributing plant that order’s standards. At the same time, For the Middle Atlantic marketing area, that competes with other handlers for Order 4 producers are required by their the order clearly defines route fluid sales in Order 4. In the New York- order to yield to the pricing provisions disposition, and its measurement can be New Jersey order, it seems to enjoy, of another order on the terms of made with exacting precision every from the testimony of some opponent measurement that are not its own. month. However, the New York-New witnesses, the status of a distributing This recommended decision agrees Jersey marketing order differs from plant while at the same time was with an opponent witness’ testimony Order 4 in that it provides for the bulk inferred to be a ‘‘country’’ plant. that each marketing order should transfers of fluid milk between plants Nevertheless, Order 2 recognizes the specify how to resolve differences and that is classified as Class I-A milk. Order Lansdale plant as a fluid milk conflicts that arise in the regulation and 4 specifically excludes such transfers distributing plant with the transferring pooling of plants. In this regard, between plants from meeting its route of milk as a secondary operation. This opponents to Proposal No. 3 voiced disposition test. distinction is made here because Order concern that its adoption would lead to Opponents of Proposal No. 3 assert, in 2 also recognizes processing plants with irreconcilable conflict with the part, that bulk transfers of Class I-A manufacturing as a secondary operation. provisions of the New York-New Jersey between plants are an important feature Simply put, the Lansdale plant’s order. Such conflict probably would not of the Order 2 marketing area because of primary enterprise is as a fluid be the case if an identical definition and the market structure that evolved there distributing plant. standard of measurement, that is route The effect of the New York-New over time. The basis of providing for disposition, existed for both orders. Jersey order provision of allowing for In short, adoption of Proposal No. 3 bulk transfers of Class I-A milk between bulk transfers of Class I–A milk and its would leave determination of the plants recognized the market structure lack of a route disposition test makes it regulatory and pool status of the and conditions in that order. Opponent difficult to determine precisely where Lansdale plant solely to the Order 4 witnesses describe ‘‘up-country’’ plants the majority of Landsdale’s Class I sales route disposition test. However, that assemble and separate the skim take place that includes the bulk adoption of this proposal has the effect fraction of producer milk for subsequent transferred milk. The record reveals, in of causing a change to the New York- transfer to ‘‘city’’ bottling plants for testimony by Johanna, that bulk New Jersey order which was not open eventual distribution to retail outlets, transfers of Class I–A milk end up or noticed in this proceeding. Adoption while leaving the cream fraction in eventually as route disposition, of Proposal No. 3 provides neither country plants to be further processed although the record does not reveal how clarity nor a basis, at least with respect into Class II and Class III products, as much of such milk is distributed on to the relationship between Order 4 and a unique characteristic of the Order 2 routes within Order 2 or in another Order 2, to determine in which order a marketplace. marketing area. Pennmarva makes a case plant should be pooled. On its face, it is difficult to conclude from the record evidence that suggests The apparent intent of Pennmarva’s that adoption of Proposal No. 3 that there is more route disposition in Proposal No. 3 seems clear and somehow threatens the above described Order 4. In this regard, Johanna’s claim consistent with how milk is regulated market structure that Order 2 handlers that fluid milk transfers from the and pooled throughout the Federal milk have relied upon for a long period of Lansdale plant were in fact distributed order system. In this regard, Pennmarva time. Both the proponent and opponents on routes in Order 2 might not be totally is asking that milk distributed on routes of Proposal No. 3 recognize and describe accurate on basis of the record evidence. be the sole test for determining where a similarly the close relationship between This conclusion is further supported by plant should be pooled. Proponents and Order 2 and Order 4. The record reveals examining the Order 2 provision of opponents agree that where a plant has that both orders share, to a significant what constitutes Class I–A milk, most of its sales is the most appropriate extent, a common milkshed. The record namely, inclusion of milk distributed on basis for making such a determination. also reveals that milk movements routes in another marketing area. This Unfortunately, Proposal No. 3 falls short between orders have been historically decision agrees with Pennmarva that a of being able to accomplish this without equal until the Lansdale plant switched plant which otherwise qualifies as an causing a change to the New York-New regulation from Order 4 to Order 2. The Order 2 pool plant can dispose of milk Jersey order. change in the regulatory and pool status on routes in the Order 4 marketing area The Johanna witness testified that, in of the Lansdale plant was due to Order with such disposition classified as Class part, the purpose of Proposal No. 3 2 allowing for bulk transfers of Class I- I–A, and then once so classified, no appeared intended to eliminate the A milk as a fluid use which brought the further distinction as to the ultimate location differential as an Order 2 plant. total Class I disposition of the plant to route disposition is made through the This would obviously place Johanna at have more milk associated with the New transfer chain. a competitive disadvantage against other York-New Jersey marketing area than it In summary, a conclusion on the basis Order 2 handlers competing in the had with the Middle Atlantic marketing of the record of where the greatest route market for fluid sales in the Order 2 area. This allowance for bulk transfers sales of fluid milk are made by marketing area. The witness observed under the New York-New Jersey order, Johanna’s Lansdale plant cannot be correctly that there is a 24.5-cent together with the subordinating determined. This is problematic because difference in the location adjustment in language of Order 4, required the both proponent and opponent witnesses Order 2 between the Lansdale plant’s regulatory and pool status of the indicate that a plant should be pooled applicable zone (the 71–75 mile zone) Lansdale plant to shift to Order 2 even where it enjoys the majority of its Class and the nearer zone (the 61–70 mile 36246 Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Proposed Rules zone). On this point, an examination of should similarly be considered with the In the interest of promoting more the Class I price at the Lansdale location view to facilitating more orderly orderly marketing conditions, Proposal reveals a disparate price difference marketing conditions. No. 2 has merit because it mitigates a between being regulated under Order 2 b. A second proposal that would cooperative’s lack of knowledge of a or Order 4. Under the provisions of the eliminate the exemption of a pool distributing plant’s dispositions. Such Middle Atlantic order, the Class I price plant’s regulation under Order 4 when knowledge is needed in order for the applicable at Lansdale is $0.345 more such a plant meets the pool plant cooperative to know where a plant is than what the applicable Class I price definition of another order from the pooled or when a plant’s pool status would be if it were regulated under the pool plant definition of the order should may change in any given month. It is New York-New Jersey order. be adopted. This was proposed by reasonable to expect that when a This disparate price difference Pennmarva (Proposal No. 2 as published distributing plant does change its suggests that the Class I price, at least in the hearing notice). regulatory status under the order, at the Lansdale location, could be better Currently, an Order 4 pool plant can producers supplying the plant should aligned. To the extent that a $0.345 continue to be regulated under the order have the time to make the business price difference between the pricing as a pool plant for two succeeding changes and adjustments they deem provisions of two adjoining orders may months after it fails to meet certain necessary without the loss of the be sufficient to encourage bulk Class I– pooling standards, unless it certainty of where their milk will be A milk transfers, that, together with simultaneously meets the pooling pooled. The record reveals that advance other forms of milk disposition in the provisions of another Federal order. notification was provided to cooperative New York-New Jersey order, provides This feature of the order is commonly suppliers prior to changes of where the Lansdale plant the economic referred to as the ‘‘lock-in’’ provision. certain plants would be regulated in incentive to meet the pooling standards Pennmarva testified that in the recent some instances. This is commendable and pricing provisions of Order 2. If the past, two Order 4 pool distributing and speaks well to the interactions Class I price at Lansdale were in better plants changed their status from being between cooperative suppliers of milk alignment, it is reasonable to suppose regulated under the Middle Atlantic and handlers. However, such that Johanna would likely be indifferent marketing order to the New York-New notification is clearly voluntary when on which order they sought pricing and Jersey marketing order (Order 2). In both requiring it would offer clear advantages regulatory status. On the one hand, cases, Pennmarva said, notice of the without being burdensome. The merit in Landsdale is able to attract an adequate change of regulation was provided to requiring advance notification stems supply of fluid milk at a price lower cooperative suppliers in a timely from the very real and reasonable need than what would be applicable if fashion so that the appropriate logistical of cooperatives to have such prior regulated under Order 4. Further, arrangements could be made. According knowledge of where their milk will be adoption of Proposal No. 3 would likely to Pennmarva, an important logistical pooled and priced. Finding out after- cause a shift in the regulatory status of the-fact that a plant’s regulatory status item attended to was the reassociation the Lansdale plant back to Order 4, has changed is tantamount to denying of the market’s producers whose last causing their cost of milk to increase producers access to an intended market. shipment to a pool distributing plant when they meet the pooling standards For this reason, the objections by the was to one of these plants. Pennmarva of another order. On the other hand, if opposition witness from Dairylea have said accomplishing this task was the Lansdale plant enjoys its greatest little merit. It also places an exacting and time consuming. route disposition in the Order 4 unreasonable economic burden on marketing area, they enjoy a sales Pennmarva testified that there is no Order 4 producers because of the order’s advantage against other Order 4 requirement or certainty for a handler to requirement to re-associate producer regulated handlers that pay more for give adequate notice to its cooperative milk in the marketing area so that their milk. suppliers of milk. Further, said producers may enjoy the benefits from It is because of the above discussion Pennmarva, cooperative suppliers have being pooled in Order 4. of this issue that a recommendation for no independent knowledge that a plant Because a decision regarding Proposal or denial of Proposal No. 3 cannot be may change from regulation under the No. 3 cannot be made on the basis of made on the basis of this record. order to another order. In a worst case this record, the proposed deletion of Adoption of Proposal No. 3 would have scenario, Pennmarva said, a cooperative § 1004.7(a)(4) as proposed by the effect of causing a change to another supplying milk to a handler changing Pennmarva would not accomplish order which cannot be accomplished regulation would not discover this implementing the intent of this proposal without a hearing that includes the change until ten days into the following (Proposal No. 2). Accordingly, this other order. Further, the apparent month. Pennmarva indicated the intent decision modifies the language of disparate price difference between the of this proposed amendment is to § 1004.7(a)(4) to ensure that the two pricing provisions of the Middle enhance orderly marketing rather than month ‘‘lock-in’’ provisions (as Atlantic and New York-Jersey orders keeping a plant pooled permanently contained in § 1004.7(a)(3)) will apply suggests that the pooling question at under Order 4. to plants that may, in the future, shift issue is perhaps a pricing issue. As Opposition to Proposal No. 2 was regulation to another Federal order or such, it is not appropriate to attempt voiced by Dairylea. According to become a nonpool plant. correction of a pricing problem by Dairylea, Proposal No. 2 has no changing pooling provisions. economic or substantive basis. This 4. Discretionary Authority To Revise Notice is given that the Department witness drew attention to the timely Pooling Requirements and Producer expects that interested parties will notification to suppliers by the two Milk Diversion Limits investigate and offer proposals that plants that shifted regulation to the New Two proposals offered by Pennmarva address the Class I price alignment York-New Jersey order as an indicator of that would provide discretionary structure between Order 2 and Order 4. the well-functioning current provision authority for the market administrator to Other features of marketing order of the order. Thus, Dairylea concluded revise pooling requirements and differences, such as that exhibited on that the order therefore does not require producer milk diversion limits should the issue regarding Proposal No. 3, a modification to address the issue. be adopted. Proposal No. 5, as Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Proposed Rules 36247 published in the hearing notice, would received at a plant that meets the Class administrator no later than the 15th day provide the market administrator the I disposition standards. of the month prior to the month for authority to raise or lower the The producer definition of Order 4 which the requested revision is desired applicable pooling standards for currently provides that dairy farmers to be effective. distributing plants, supply plants, and can be producers under the order even Pennmarva testified that this reserve processing plants. Proposal No. though their milk is moved from the amendment would provide for more 8, as published in the Notice of Hearing, farm to nonpool plants for timely decisions on factors affecting the would similarly provide the market manufacturing purposes rather than to pool status of dairy farmers. It was administrator the authority to raise or plants for fluid use. Diversion limits Pennmarva’s opinion that the market lower the applicable diversion limits for apply to handlers marketing dairy administrator and staff are fully cooperative associations, federations of farmer’s milk such as cooperative appraised of the market conditions in cooperative associations, and handlers associations, federations of the Middle Atlantic market. Such with non-member milk supplies. cooperatives, and handlers marketing working knowledge, said Pennmarva, Adoption of these provisions will non-member milk. The diversion limit can decrease the time and expense provide a procedure for the order to be for a cooperative association or a needed to respond to a changing market modified in a more responsive manner federation of cooperatives is restricted and improve regulatory efficiency. to changes in marketing conditions than to 50 percent of the volume of milk of Pennmarva maintains that this is currently the case. Modification can all members of a cooperative association process is superior to the process be made to encourage the shipment of or federation delivered to, or diverted currently used to affect needed changes additional supplies of milk for fluid use from, pool plants during the month. The in pooling standards and diversion or to prevent the uneconomic shipments diversion limit for handlers with non- limitations. Pennmarva noted that the of milk that are in excess of fluid needs. member milk supplies is restricted to 40 Department can effectuate suspension The order does not currently provide percent of the total of non-member milk actions of order provisions that remove for such discretionary authority for the for which a pool plant operator is the regulatory language, thus reducing the market administrator to change pooling handler during the month. burden on handlers. However, the Pennmarva testified that granting the requirements or diversion limitations. witness indicated that deletions of market administrator the authority to Typically, pooling standards may be language by informal rulemaking raise or lower pooling standards and temporarily revised or suspended procedures is too limiting to address diversion limits will enhance orderly administratively through informal changes in marketing conditions. marketing by either encouraging needed rulemaking by the Department at a Pennmarva said that providing the milk shipments or preventing the market administrator with a procedure petitioner’s request. The Department uneconomic movement of milk. investigates the request and determines Pennmarva indicated that such to make specific percentage changes, the need to temporarily revise or administrative authority is granted to either up or down, would be a more suspend pooling standards. Permanent market administrators in other markets, flexible way of changing shipping changes or amendments to Federal order noting for example that the market requirements or diversion limits. provisions, as in this proceeding, are administrator in the Upper Midwest Opposition testimony was received accomplished through formal marketing area (Order 68) has similar from Dairylea for granting such rulemaking procedures based on a authority. discretionary authority to the market public hearing. Before making any revision to the administrator for revising shipping The pool plant definition of Order 4 pooling standard or diversion limits requirements (Proposal No. 5). Dairylea currently requires that in meeting pool established by the order, Pennmarva said that while they have significant plant qualification status, a plant must offered specific procedures that would faith in market administrators, they see have a Class I disposition of at least 40 govern the conditions under which no reason to abandon long-term percent of its receipts in the months of revisions might be warranted. The practices of having a public hearing or September through February and 30 procedure offered specifies that the meeting to discuss the merits of percent in the months of March through market administrator may increase or changing applicable shipping standards August. Additionally, at least 15 percent decrease the applicable percentages of within an order. Dairylea is of the view of receipts must be within the marketing either the pool plant definition section that Proposal No. 5 does not provide for area. Any plant that does not meet this or the producer definition section of the a public meeting forum but rather criteria for pool plant status can still be order (§§ 1004.7 and 1004.12 simply written arguments almost after a pool plant if at least a specified respectively) if a revision is necessary to the fact. Dairylea indicated that percentage of its milk receipts is moved encourage needed shipments or to shipping standards can have a profound during the month to a plant(s) that meet prevent uneconomic shipments of milk. economic impact on farmers, the Class I disposition requirements and Before making such a finding, the order cooperatives, processors and consumers, volume of route disposition within the procedure requires the market and, in fact, are the very essence of the marketing area indicated above. The administrator to investigate the need for market order structure. The witness said applicable percentage for the months of revision either on the market that changing these standards without September through February is 50 administrator’s own initiative, or at the public scrutiny in the form of a public percent of receipts; for the months of request of interested parties. If the meeting or hearing should not be March through August, the applicable investigation shows that a revision allowed. The witness feared that a percentage is 40 percent. A reserve might be appropriate, the proposed simple request for a written response processing plant operated by a order language requires the market would leave many people out of the cooperative association or by a administrator to issue a notice stating discussion and decisionmaking process. federation of cooperative associations is that a revision is being considered and A witness for Clover Farms testified a pool plant provided, in part, that at invite data, views, and arguments on in opposition to both Proposal Nos. 5 least 30 percent of the total milk whether a revision is necessary. The and 8. Clover Farms opposes these two receipts of member producers during procedure also specifies that any request proposals unless provision is made for the month is moved to and physically for revisions be filed with the market a public forum to aid in the decision 36248 Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Proposed Rules making process of the market As the record reveals, such a (c) The tentative marketing agreement administrator. procedure has been used in the Upper and the order, as hereby proposed to be A witness for Eastern Milk Producers Midwest Marketing Area since 1990. amended, will regulate the handling of Cooperative Association (Eastern) also Since the record does not reveal any milk in the same manner as, and will be testified in opposition to Proposal Nos. lack of confidence in the ability of applicable only to persons in the 5 and 8. Eastern indicated that it makes market administrators (who are respective classes of industrial and sense to provide a degree of entrusted with great responsibility in commercial activity specified in a administrative discretion to the market administering the order) to effectively marketing agreement upon which a administrator to resolve the problems carry out this duty, it is reasonable to hearing has been held. conclude that on the basis of the broad that may arise as a result of changes in Recommended Marketing Agreement authorities already entrusted to the supply and demand conditions in the and Order Amending the Order marketplace that would warrant market administrator to provide for the adjustment of shipping percentages. effective administration of the order, The recommended marketing Nevertheless, before such discretion is such discretionary authority that would agreement is not included in this exercised, Eastern maintained that there be granted with the adoption of decision because the regulatory be notice to the industry and preferably Proposals Nos. 5 and 8 are consistent provisions thereof would be the same as that there be an opportunity for a public with those already given. Furthermore, those contained in the order, as hereby meeting for interested parties to bring these two proposals have the broad proposed to be amended. The following evidence in aiding the market support of producers who represent order amending the order, as amended, administrator to make a proper decision. some 90 percent of the milk associated regulating the handling of milk in the Eastern noted that the ‘‘call’’ provision with the market. Middle Atlantic marketing area is of the New York-New Jersey marketing recommended as the detailed and Rulings on Proposed Findings and appropriate means by which the order, which requires the market Conclusions administrator to conduct a public foregoing conclusions may be carried meeting in setting performance Briefs and proposed findings and out. standards on handlers to ensure that the conclusions were filed on behalf of List of Subjects in 7 CFR Part 1004 fluid market needs are adequately certain interested parties. These briefs, served, works well. Eastern indicated proposed findings and conclusions, and Milk marketing orders. support for a proposal that would be the evidence in the record were For the reasons set forth in the similar in scope for the Middle Atlantic considered in making the findings and preamble, the following provision(s) in order. conclusions set forth above. To the Title 7, Part 1004, is amended as At issue on the part of those who extent that the suggested findings and follows: oppose granting administrative conclusions filed by interested parties discretion to the market administrator in are inconsistent with the findings and PART 1004ÐMILK IN THE MIDDLE adjusting shipping requirements and conclusions set forth herein, the ATLANTIC MARKETING AREA diversion limitations is the lack of a requests to make such findings or reach 1. The authority citation for 7 CFR public meeting. Opponents have firm such conclusions are denied for the part 1004 continues to read as follows: opinions that the public and interested reasons previously stated in this parties should have a greater degree of decision. Authority: Secs. 1–19, 48 Stat 31, as amended; 7 U.S.C. 601–674. participation in the decisional process General Findings than the proposed administrative 2. Section 1004.7 is amended by proceeding would require. However, The findings and determinations revising paragraphs (a)(1) and (a)(4); opponents take no issue on the ability, hereinafter set forth supplement those revising paragraph (d)(1); and by adding impartiality or integrity of the market that were made when the Middle a new paragraph (g), to read as follows: Atlantic order was first issued and when administrator to make appropriate § 1004.7 Pool plant. administrative decisions regarding it was amended. The previous findings adjustments to shipping requirements and determinations are hereby ratified * * * * * and diversion limits. The issue here is and confirmed, except where they may (a) * * * one of procedure. conflict with those set forth herein. (1) Milk received at such plant The informal rulemaking procedure is (a) The tentative marketing agreement directly from dairy farmers (excluding routinely used for making temporary and the order, as hereby proposed to be milk diverted as producer milk pursuant suspensions or revisions to pool plant amended, and all of the terms and to § 1004.12, by either the plant operator shipping requirements and diversion conditions thereof, will tend to or by a cooperative association, and also limitations. The procedure of public effectuate the declared policy of the Act; excluding the milk of dairy farmers for notice and comment before deciding on (b) The parity prices of milk as other markets) and from a cooperative in the appropriate course of action that is determined pursuant to section 2 of the its capacity as a handler pursuant to proposed in Proposals Nos. 5 and 8 Act are not reasonable in view of the § 1004.9(c); or follow in identical fashion the price of feeds, available supplies of * * * * * procedures followed by the Department. feeds, and other economic conditions (4) A plant’s status as an other order This informal rulemaking procedure which affect market supply and demand plant pursuant to paragraph (f) of this does not include reliance on public for milk in the marketing area, and the section will become effective beginning hearings or meetings because of the minimum prices specified in the the third month in which a plant is need for urgent and expeditious action tentative marketing agreement and the subject to the classification and pricing to address rapidly changing market order, as hereby proposed to be provisions of another order. conditions. Nevertheless, any interested amended, are such prices as will reflect * * * * * party has the opportunity to have their the aforesaid factors, insure a sufficient (d) * * * views included in the decision making quantity of pure and wholesome milk, (1) A reserve processing plant process. and be in the public interest; and operated by a cooperative association at Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Proposed Rules 36249 which milk from dairy farmers is (g) The applicable percentages in DATES: Comments must be received on received if the total of fluid milk paragraphs (d)(2)(i) and (d)(2)(ii) of this or before September 12, 1995. products (except filled milk) transferred section may be increased or decreased ADDRESSES: Written comments from such cooperative association by the market administrator if the (preferably in triplicate) may be plant(s) to, and the milk of member market administrator finds that such addressed to the Regulations Branch, producers physically received at, pool revision is necessary to encourage U.S. Customs Service, Franklin Court, plants pursuant to § 1004.7(a) is not less needed shipments or to prevent 1301 Constitution Avenue NW., than 25 percent of the total milk of uneconomic shipments. Before making Washington, DC 20229. Comments member producers during the month. such a finding, the market administrator submitted may be inspected at Franklin * * * * * shall investigate the need for revision Court, 1099 14th Street NW—Suite (g) The applicable shipping either on the market administrator’s 4000, Washington, DC. percentage of paragraphs (a) and (b) or own initiative or at the request of FOR FURTHER INFORMATION CONTACT: Karl (d) of this section may be increased or interested parties. If the investigation Wm. Means, Intellectual Property Rights decreased by the market administrator if shows that a revision of the diversion Branch, (202) 482–6957. the market administrator finds that such limit percentages might be appropriate, SUPPLEMENTARY INFORMATION: revision is necessary to encourage the market administrator shall issue a needed shipments or to prevent notice stating that the revision is being Background uneconomic shipments. Before making considered and invite data, views and On August 23, 1993, the Customs such a finding, the market administrator arguments. Any request for revision of Service published a Notice of Proposed shall investigate the need for revision the diversion limit percentages shall be Rulemaking in the Federal Register (58 either on the market administrator’s filed with the market administrator no FR 44476) regarding the disclosure to own initiative or at the request of later than the 15th day of the month intellectual property rights (IPR) owners interested parties. If the investigation prior to the month for which the of sample merchandise and certain shows that a revision of the shipping requested revision is desired effective. identifying information regarding the percentages might be appropriate, the Dated: July 10, 1995. persons involved with importing market administrator shall issue a notice Lon Hatamiya, merchandise that is either detained or stating that the revision is being Administrator, Agricultural Marketing seized for suspected infringement of considered and invite data, views and Service. registered copyright, trademark, or trade arguments. Any request for revision of [FR Doc. 95–17282 Filed 7–13–95; 8:45 am] name rights. Thereafter, the United shipping percentages shall be filed with BILLING CODE 3410±02±P States, Canada, and Mexico entered into the market administrator no later than the North American Free-Trade the 15th day of the month prior to the Agreement (NAFTA) and, on December month for which the requested revision 8, 1994, the President signed the is desired effective. DEPARTMENT OF THE TREASURY Uruguay Round Agreements Act 3. Section 1004.12 is amended by (URAA) (Pub. L. 103–465, 108 Stat. revising paragraphs (d)(2)(i) and Customs Service 4809), both of which contain provisions (d)(2)(ii); and by adding a new pertaining to the protection of IPR. 19 CFR Part 133 paragraph (g), to read as follows: Chapter 17, Article 1718 of the NAFTA provides for the enforcement of § 1004.12 Producer. RIN 1515±AB28 IPR at the border and contains a * * * * * provision concerning notification of (d) * * * Copyright/Trademark/Trade Name Protection; Disclosure of Information trademark or copyright owners when (2) * * * Customs suspends the release of (i) All of the diversions of milk of AGENCY: Customs Service, Department merchandise for suspected members of a cooperative association or of the Treasury. infringement. The provisions of Article a federation of cooperative associations ACTION: Notice of proposed rulemaking. 1718 were not addressed by the North to nonpool plants are for the account of American Free Trade Implementation such cooperative association or SUMMARY: This document proposes to Act (NAFTA Implementation Act) federation, and the amount of member revise a previous proposal to amend the (December 8, 1993) (Pub. L. 103–182, milk so diverted does not exceed 55 Customs Regulations to allow Customs 107 Stat. 2057) because, as stated in the percent of the volume of milk of all to disclose to intellectual property rights Statement of Administrative Action members of such cooperative owners sample merchandise and certain (House Document 103–159, vol. 1, pp. association or federation delivered to or information regarding the identity of 637–638, 103d Cong., 1st Sess.), the diverted from pool plants during the persons involved with importing United States was obligated to make month. merchandise that is detained or seized changes in statute or regulation in only (ii) All of the diversions of milk of for suspected infringement of registered five limited areas. The notification dairy farmers who are not members of copyright, trademark, or trade name provision of Article 1718 was not one of a cooperative association diverting milk rights. The initial proposal is revised in those areas. Accordingly, while the for its own account during the month response to comments received and to Customs Service does not consider the are diversions by a handler in his make the proposed regulatory regulatory changes proposed in this capacity as the operator of a pool plant amendments consistent with provisions document to be specifically mandated from which the quantity of such of the North American Free-Trade by Article 1718 of the NAFTA or by the nonmember milk so diverted does not Agreement (NAFTA) and the Uruguay NAFTA Implementation Act, their exceed 45 percent of the total of such Round Agreements Act relating to the inclusion in this proposal supports the nonmember milk for which the pool disclosure of information to intellectual enforcement principles reflected in plant operator is the handler during the property rights owners. This document Chapter 17 of the NAFTA. month. solicits comments regarding the revised The URAA implements the Uruguay * * * * * proposal. Round multilateral trade agreements 36250 Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Proposed Rules negotiated under the General Agreement merchandise, and the private litigation disclosure laws suggest that the on Tariffs and Trade (GATT)—now the required to deter such infringement. importer’s rights against the release of World Trade Organization (WTO). The These commenters further noted the such information make disclosure GATT Agreement on Trade-Related lack of information which is provided to inappropriate. The proposal is Aspects of Intellectual Property Rights, IPR owners under the current structured to limit the disclosure of as adopted by Congress (section regulations, and were in favor of information in instances of detention in 101(d)(15) of the URAA, 19 U.S.C. additional information being disclosed order to protect the rights of importers. 3511), establishes comprehensive to facilitate private enforcement actions. Comment: Several commenters standards for the protection of Commenters also noted that the suggested that more information should intellectual property and the proposal would facilitate be released than was proposed. enforcement of IPR in signatory communication between IPR owners Specifically, various commenters countries; article 57 of this Agreement and Customs personnel when the requested that information pertaining to confers a right of inspection and assistance of the IPR owner is required the country of origin, the identity of the information on IPR holders. to determine whether or not an shipper, the means of transport, the Because the proposed rule of August imported article is genuine. identity of the broker (if any), dates of 23, 1993, did not consider the expanded Specific qualifications, suggestions export/import, the port(s) of entry, and IPR owners notification requirements and/or concerns are addressed below. a description of the goods all be made contained in article 1718 of the NAFTA Comment: One commenter requested available. and article 57 of the GATT Agreement that in addition to information provided Response: Regarding country of origin on Trade-Related Aspects of Intellectual when importers deny piracy of a information, Customs agrees that this Property Rights, Customs is publishing recorded copyright (19 CFR 133.43), information, when available, should be a revised notice of proposed rulemaking Customs disclose information when an disclosed to IPR owners. Accordingly, to and solicits public comments. As the importer does not deny piracy. the extent that country of origin background information previously Response: In those cases where an information is available from the published in the August 23, 1993, importer does not deny infringement documents submitted to Customs in the proposed rule continues to be under the procedures provided for in normal course of business, that applicable to this revised proposed rule, § 133.43 of the Customs Regulations (19 information will be disclosed. For the it is incorporated herein by reference. In CFR 133.43) the merchandise is seized. purposes of the proposed regulation, summary, the background stated that As set forth in this revised proposal, country of origin is defined at 19 CFR certain changes to part 133 of the § 133.42 would be amended to make 134.1(b). Also, the latter three types of Customs Regulations (19 CFR part 133) mandatory the disclosure of the information (dates of importation, the were being proposed to codify the rules requested information to the IPR owner port of entry, and a description of the for disclosure of information to certain in such a seizure circumstance. merchandise) will be included in every parties at interest in import transactions Comment: One commenter was in detention and seizure notification as a involving infringement of trademarks favor of disclosure only when a seizure matter of course. and copyrights. Among the reasons action is indicated, and opposed to However, regarding the other types of stated for the proposed rule were the disclosure when merchandise is merely information (the identity of the shipper, current haphazard availability of such ‘‘suspected’’ of infringement. In the means of transport, and the date of information to parties at interest contrast, another commenter requested export), in balancing the desires of the through the lengthy and cumbersome that an importer’s identity be released IPR owner against the disclosure Freedom of Information Act (FOIA) when goods are detained as well as limitations of the Freedom of process; Customs interest in facilitating seized. Information Act (5 U.S.C. 552) and the the parties’ private remedies for Response: Customs only detains that Trade Secrets Act (18 U.S.C. 1905) and trademark and copyright infringement; merchandise for which there are the potential workload of Customs and, the disparity among the current reasonable grounds to believe that an personnel in providing such additional regulations for notification in situations infringement of IPR has occurred, or information, Customs considers such of detention or seizure of trademark and when in the words of the commenter disclosure inappropriate. copyright infringing merchandise. ‘‘firm evidence’’ is present to suspect Regarding disclosure of the identity of In addition to the changes required infringement. At the time of detention, the broker (if any), Customs response is because of provisions contained in the Customs tries to determine whether set forth below in the response NAFTA and GATT Agreement, Customs sufficient grounds exist to believe that a regarding the use of the term has revised the language of the proposed substantive violation has occurred such ‘‘importer.’’ regulations in an effort to improve their that further action is warranted. In many Comment: One commenter requested clarity. cases Customs cannot without the clarification on the timing of notices; assistance of the IPR owner determine i.e., when during the entry-detention- Analysis of Comments whether or not the imported article in and-seizure process the notice would be In response to the August 23, 1993 fact bears genuine or infringing marks. provided. rulemaking proposal, Customs received Customs expects that the proposed Response: Although the IPR 65 comments: 53 in favor of the regulations will provide Customs provisions contained in the NAFTA and proposal, 5 against the proposal, 5 in personnel with the authority to consult the GATT do not specify a minimum favor with a specific qualification or IPR owners, thereby resulting in more time frame for notification to IPR suggestion, and 2 suggested changes to accurate decisions regarding owners, Customs believes that the proposal without taking a position infringement. Further, given that, at the notification within a 30-day time period either for or against it. time of detention, Customs has not yet provides notice in a manner consistent Each of the 53 responses in favor of determined whether a violation has with the purpose of these commitments. the proposal had several elements in occurred, Customs believes that the Comment: Several commenters common. Most commenters noted the premature release of an importer’s addressed the condition of sample losses to private business each year due identity would be inappropriate. In merchandise provided under the to the importation of infringing addition, the constraints of the proposed regulations. Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Proposed Rules 36251 Response: The condition of samples rights of action with regard to protest concerning detained and seized sent to IPR owners will be as allowed against the exclusion. merchandise; to make specific a thirty- under applicable disclosure laws. Thus, Comment: Most of the comments in day time frame within which Customs where no part of seized or detained opposition suggested that the will notify IPR owners of detention and merchandise comes within an information released by Customs will be seizure activities; and, to allow for the exemption from disclosure, the sample used by rights owners to obstruct or disclosure of country of origin provided the IPR owner will be as otherwise interfere with legitimate information and other items received by Customs. shipments, initiate spurious litigation, enumerated. Comment: Comments were received restrict legitimate parallel imports, and with regard to the use of the term constitute the release of protected Comments ‘‘importer’’ and the concern that an business confidential information. Before adopting this proposal as a importer may in fact be a broker rather Response: Customs does not intend to than ‘‘the party who actually caused the provide domestic rights owners open final rule, consideration will be given to importation.’’ As a result, rights holders access to the Customs and/or shipping any written comments timely submitted could be notified of the identity of a documents associated with either to Customs. Comments submitted will broker acting as importer rather than detained or seized merchandise. To the be available for public inspection in ‘‘the party who actually caused the contrary, the proposed regulation is accordance with the Freedom of importation.’’ intended to define clearly the scope of Information Act (5 U.S.C. 552), § 1.4 of Response: Customs recognizes that permissible disclosure and to provide the Treasury Department Regulations the term ‘‘importer’’ may include a guidelines for the timely and necessary (31 CFR 1.4), and § 103.11(b) of the broker under certain circumstances. release of information. Customs sees no Customs Regulations (19 CFR However, Customs does not intend that prolonged delays associated with such 103.11(b)), on regular business days nominal consignees should be included disclosure. One of Customs purposes in between the hours of 9 a.m. and 4:30 for the purposes of this regulation. making such information available is to p.m. at the Regulations Branch, U.S. Comment: One commenter suggested facilitate rights owners’ pursuit of legal Customs Service, 1099 14th Street, that the term ‘‘mark’’ should be defined remedies for infringement. However, NW—Suite 4000, Washington, DC. by specific reference to section 5 of the rights owners are not expected to The Regulatory Flexibility Act Lanham Act (15 U.S.C. 1127). institute frivolous litigation, nor does Response: While this comment is not Customs expect that legitimate trade, in Pursuant to the provisions of the relevant to the proposed regulations, parallel goods or otherwise, would be Regulatory Flexibility Act (5 U.S.C. 601 Customs notes that § 133.1 of the restricted under the current statutes and et seq.), it is certified that, if adopted, Customs Regulations (19 CFR 133.1) regulations which clearly make the proposed amendments will not have provides for the recordation of provision for such legitimate goods. a significant economic impact on a trademarks registered under ‘‘the Several commenters state that the substantial number of small entities. Trademark Act of March 3, 1881, the effect of the regulatory change would be The amendments more fully carry out Trademark Act of February 20, 1905, or to ‘‘hand over’’ importers of parallel the intent of the law and confer a benefit the Trademark Act of 1946 (15 U.S.C. goods, thereby emasculating the on IPR owners in the enforcement of 1501, et seq.) except those registered on regulatory provisions for such goods. To such rights. Accordingly, the proposed the supplemental register,’’ and further the contrary, Customs expects that amendments are not subject to the provides that a ‘‘status copy of the limited, direct contact with IPR owners regulatory analysis or other certificate of registration’’ shall be regarding detained goods will allow the requirements of 5 U.S.C. 603 and 604. provided to Customs at the time of more timely and accurate identification recordation. Because these various Acts of parallel imports, and that where the Executive Order 12866 incorporate the definition of ‘‘mark’’ importation of such goods is allowed, found at 15 U.S.C. 1127, which is the goods will be released more rapidly This document does not meet the referenced in provisions in Part 133 of without additional disclosure. All criteria for a ‘‘significant regulatory the Customs Regulations, Customs parties with an interest in the parallel action’’ as defined in E.O. 12866. believes that no further change to the goods issue should be aware that Drafting Information proposed regulations is required. Customs has no intention of allowing Comment: One commenter opposed to disclosure beyond that which is legally The principal author of this document the regulations suggested that the allowed, and no objective other than the was Gregory R. Vilders, Attorney, proposal would delay Customs in the quick and accurate identification of Regulations Branch. However, clearing of shipments. legitimate goods. When rights owners personnel from other offices Response: Customs disagrees that the can assist Customs in that task, every participated in its development. proposed regulations will result in effort will be made to avail Customs of extended periods of detention, given the the opportunity. List of Subjects in 19 CFR Part 133 revised operating requirements mandated by the Customs Conclusion Copyright, Counterfeit goods, Modernization provisions (Title VI of Based on the comments received and Customs duties and inspection, Imports, the Act, the Mod Act). Because of the the subsequent entry into force of the Reporting and recordkeeping Mod Act, Customs must now provide NAFTA and GATT provisions regarding requirements, Restricted merchandise, for a formal decision and notice of the notification rights of IPR owners Trademarks, Trade names. detention, and for either the subsequent (article 1718 of the NAFTA and section Proposed Amendments to the seizure or release of those goods within 101(d)(15) of the URAA), Customs has Regulations a specified time frame. In the event that decided to revise the amendments to Customs does not act in accordance part 133 of the Customs Regulations that For the reasons stated above, it is with the statute, the goods are treated as were initially proposed on August 23, proposed to amend part 133, Customs excluded from entry, and importers 1993, as follows: to make mandatory the Regulations (19 CFR part 133), as set acquire by operation of law certain disclosure of certain information forth below: 36252 Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Proposed Rules PART 133ÐTRADEMARKS, TRADE (6) the name and address of the notice, the copyright owner files with NAMES, AND COPYRIGHTS importer. the district director: * ** 1. The general authority citation for (d) Failure to make appropriate * * * * * part 133 would continue to read as disposition. *** George J. Weise, follows: * * * * * Commissioner of Customs. Approved: June 20, 1995. Authority: 17 U.S.C. 101, 601, 602, 603; 19 4. It is proposed to amend § 133.42 by U.S.C. 66, 1624; 31 U.S.C. 9701. adding a new paragraph (d); and by John P. Simpson, 2. It is proposed to amend § 133.22 by redesignating current paragraph (d) as Deputy Assistant Secretary of the Treasury. revising the section heading; adding a new paragraph (e). The revision to read [FR Doc. 95–17065 Filed 7–13–95; 8:45 am] new paragraph (b); redesignating current as follows: BILLING CODE 4820±02±P paragraphs (b) and (c) as paragraphs (c) and (d); and revising the heading of new § 133.42 Infringing copies or phonorecords. paragraph (c). The addition and revision ENVIRONMENTAL PROTECTION to read as follows: * * * * * AGENCY § 133.22 Procedure on detention of articles (d) Disclosure. When merchandise is subject to restriction. seized under this section, Customs 40 CFR Part 52 officers shall disclose to the owner of * * * * * [CA 144±5±7100b; FRL±5256±4] (b) Notice of detention and disclosure the copyright that merchandise has been of information. When merchandise is seized and provide the following Approval and Promulgation of State detained, in order to obtain assistance in information within thirty days, Implementation Plans; California State determining whether the item bears an excluding weekends and holidays, of Implementation Plan Revision, South infringing mark, Customs officers shall the date of seizure: Coast Air Quality Management District disclose to the owner of the trademark (1) a sample of the piratical copy; and Santa Barbara County Air that merchandise has been detained and Pollution Control District provide the following information (2) the quantity involved; regarding the detained merchandise, if (3) the name and address of the AGENCY: Environmental Protection available, within thirty days, excluding manufacturer; Agency (EPA). weekends and holidays, of the date of (4) the country of origin of the ACTION: Proposed rule. detention: merchandise if known; (1) a sample of the item bearing a SUMMARY: EPA is proposing to approve suspected mark; (5) the name and address of the revisions to the California State (2) the quantity involved; exporter; and Implementation Plan (SIP) which (3) the name and address of the (6) the name and address of the concern the control of volatile organic manufacturer; and importer. compound (VOC) emissions from (4) the country of origin of the marine coating operations, coating of merchandise if known. * * * * * metal parts and products, motor vehicle (c) Form of notice. * * * 5. It is proposed to amend paragraph assembly line coating operations, * * * * * (b) of § 133.43 by revising the solvent cleaning operations, 3. It is proposed to amend § 133.23a introductory text of paragraph (b); by architectural coatings, and motor by adding a new paragraph (c); adding new subparagraphs (b)(1) vehicle and mobile equipment coating redesignating current paragraph (c) as through (b)(4); and by redesignating operations. paragraph (d); and revising the section current subparagraphs (b)(1) and (b)(2) The intended effect of proposing heading of and removing the first as (b)(4)(i) and (b)(4)(ii). The addition approval of these rules is to regulate sentence in newly designated paragraph and revision to read as follows: emissions of VOCs in accordance with (d). The addition and revision to read as the requirements of the Clean Air Act, follows: § 133.43 Procedure on suspicion of as amended in 1990 (CAA or the Act). infringing copies. § 133.23a Articles bearing counterfeit In the Final Rules Section of this trademarks. * * * * * Federal Register, the EPA is approving the state’s SIP revision as a direct final * * * * * (b) Notice to copyright owner. If the (c) Notice to trademark owner. When importer of the suspected infringing rule without prior proposal because the merchandise is seized, Customs officers copies or phonorecords files a denial as Agency views this as a noncontroversial revision amendment and anticipates no shall disclose to the owner of the provided in paragraph (a) of this adverse comments. A detailed rationale trademark that merchandise has been section, the district director shall for this approval is set forth in the direct seized and provide the following furnish to the copyright owner within final rule. If no adverse comments are information regarding the seized thirty days, excluding weekends and merchandise within thirty days, received in response to this proposed holidays, of the receipt of the importer’s rule, no further activity is contemplated excluding weekends and holidays, of denial: the date of seizure: in relation to this rule. If EPA receives (1) a sample of the item bearing the (1) a sample of the suspected piratical adverse comments, the direct final rule counterfeit mark; item; will be withdrawn and all public (2) the quantity involved; (2) the quantity involved; comments received will be addressed in a subsequent final rule based on this (3) the name and address of the (3) the name and address of the manufacturer; proposed rule. The EPA will not (4) the country of origin of the importer; and institute a second comment period on merchandise if known; (4) notice that the imported article this document. Any parties interested in (5) the name and address of the will be released to the importer unless, commenting on this action should do so exporter; and within thirty days from the date of the at this time. Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Proposed Rules 36253 DATES: Comments on this proposed rule Dated: June 27, 1995. SUPPLEMENTARY INFORMATION: must be received in writing by August Felicia Marcus, I. Background 14, 1995. Regional Administrator. On June 9, 1995, the National [FR Doc. 95–17268 Filed 7–13–95; 8:45 am] ADDRESSES: Written comments on this Highway Traffic Safety Administration action should be addressed to: Daniel A. BILLING CODE 6560±50±W (NHTSA) published a notice of intent to Meer, Rulemaking Section (A–5–3), Air establish an advisory committee and Toxics Division, U.S. (Committee) for regulatory negotiation Environmental Protection Agency, DEPARTMENT OF TRANSPORTATION to develop recommended specifications Region 9, 75 Hawthorne Street, San for altering the U.S. lower beam pattern Francisco, CA 94105–3901. National Highway Traffic Safety to be more sharply defined. Such a Copies of the rule revisions and EPA’s Administration pattern would facilitate visual evaluation report of each rule are available aimability of headlamps and might be for public inspection at EPA’s Region 9 office 49 CFR Part 571 the basis for a world-wide lower beam during normal business hours. Copies of the pattern (60 FR 30506). The notice submitted rule revisions are also available for [Docket No. 95±28; Notice 2] requested comment on membership, the inspection at the following locations: interests affected by the rulemaking, the RIN 2127±AF73 Rulemaking Section (A–5–3), Air and Toxics issues the Committee should address, Division, U.S. Environmental Protection Lamps, Reflective Devices and and the procedures it should follow. Agency, Region IX, 75 Hawthorne Street, Associated Equipment; Advisory The notice also announced that NHTSA San Francisco, CA 95105 Committee Public Meeting had procured the services of the Federal Environmental Protection Agency, Air Mediation and Conciliation Service to Docket (6102), 401 ‘‘M’’ Street SW., AGENCY: National Highway Traffic facilitate the negotiations. The reader is Washington, DC 20460 Safety Administration (NHTSA); DOT. referred to the notice of June 9, 1995, for California Air Resources Board, Stationary ACTION: Notice of establishment of further information on these issues. Source Divison, Rule Evaluation Section, NHTSA received nine comments on 2020 ‘‘L’’ Street, Sacramento, CA 95812– advisory committee for regulatory the notice of intent. None of the 2815 negotiation and notice of first meeting. South Coast Air Quality Management comments opposed using regulatory District, 21865 E. Copley Drive, Diamond SUMMARY: The National Highway Traffic negotiation for this rulemaking; all Bar, CA 91765–4812 Safety Administration announces the endorsed the process and seven Santa Barbara County Air Pollution Control establishment of a Negotiated included requests to serve on the District, 26 Castilian Drive B–23, Goleta, Rulemaking Advisory Committee to Committee. Based on this response and CA 93117. develop recommended specifications for for the reasons stated in the notice of altering the U.S. lower headlamp beam intent, NHTSA has determined that FOR FURTHER INFORMATION CONTACT: pattern to be more sharply defined. establishing an advisory committee on Daniel A. Meer, Chief Rulemaking Such a pattern would facilitate visual this subject is necessary and in the Section (A–5–3), Air and Toxics aimability of headlamps and might be public interest. In accordance with Division, U.S Environmental Protection the basis for a world-wide lower beam Section 9(c) of the Federal Advisory Agency, Region IX, 75 Hawthorne pattern. The Committee will develop its Committee Act, 5 U.S.C. App. I sec. 9(c), Street, San Francisco, CA 94105, recommendations through a negotiation NHTSA prepared a Charter for the Telephone:(415)744–1185 process. The Committee is composed of establishment of a Negotiated SUPPLEMENTARY INFORMATION: This persons who represent interests that Rulemaking Advisory Committee. On document concerns South Coast Air would be affected by the rule such as April 17, 1995, the Office of Quality Management District’s Rule domestic and foreign manufacturers of Management and Budget approved the 1106, Marine Coating Operations, motor vehicles, headlamps, headlamp Department’s Advisory Committee Plan submitted to EPA by the California Air aimers, motor vehicle inspection for FY 1995 which included this Resources Board on February 24, 1995; facilities, consumers, State advisory committee, and on July 6, Rule 1107, Coating of Metal Parts and governments, and the Federal 1995, the Secretary approved the Products, Rule 1115, Motor Vehicle government. This notice also announces Charter, authorizing the Committee to Assembly Line Coating Operations, Rule the time and place of the first advisory begin negotiating the recommended 1171, Solvent Cleaning Operations, committee meeting. changes. submitted to EPA by the California Air DATES: The first meeting of the advisory II. Membership Resources Board on June 16, 1995; and committee will be held at 9:00 a.m. on In addition to a representative from Santa Barbara County Air Pollution Tuesday, July 25, 1995 and will NHTSA, the Committee will consist of Control District’s Rule 323, continue through Thursday, July 27, the following members: Architectural Coatings, submitted by the 1995. California Air Resources Board on May ADDRESSES: The first meeting of the American Automobile Manufacturers 24, 1995; and Santa Barbara County Air advisory committee will be held at the Association Pollution Control District’s Rule 339, Association of International Automobile Department of Transportation, Room Manufacturers, Inc. Motor Vehicle and Mobile Equipment 2230 Nassif Building, 400 Seventh Society of Automotive Engineers, Road Coating Operations, submitted by the Street, SW, Washington D.C. Illumination Devices Subcommittee California Air Resources Board on April FOR FURTHER INFORMATION CONTACT: Jere Hopkins Manufacturing Corporation 13, 1995. For further information please Medlin, Office of Vehicle Safety Traffic Materials Controls Division, 3M see the information provided in the Standards, NHTSA (Phone: 202–366– Corporation Direct Final action which is located in Wagner Lighting Division of Cooper 5276; FAX: 202–366–4329). Mediator: Industries the Rules Section of this Federal Lynn Sylvester, Federal Mediation and Register. Groupe de Travail Brussels Conciliation Service (phone: 202–606– Liaison Committee for the Manufacturers of Authority: 42 U.S.C. 7401–7671q. 9140; FAX: 202–606–3679). Automobile Equipment and Spare Parts 36254 Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Proposed Rules Japanese Automobile Standards Brussels and the Liaison Committee for IV. Key Issues for Negotiation Internationalization Center the Manufacturers of Automotive American Association of Motor Vehicle In its notice of intent, NHTSA Equipment and Spare Parts. To the tentatively identified major issues that Administrators extent to which their interests are National Automobile Dealers Association should be considered in this negotiated Automotive Service Association headlamps complying with the beam rulemaking, and asked for comment Advocates for Highway and Auto Safety and aim characteristics of Standard No. concerning the appropriateness of these 108, their interests will be adequately Requests for representation were issues for consideration and whether represented by Wagner. other issues should be added. These made by Osram Sylvania (‘‘Osram’’), Volkswagen requested participation issues were: Hella, Inc., Volkswagen of America, Inc. on behalf of itself, Volkswagen AG and 1. Whether NHTSA should be (‘‘Volkswagen’’), National Committee on Audi AG ‘‘as major European involved in specifying headlamp Uniform Traffic Control Devices automobile manufacturers’’ and ‘‘as a aimability requirements, or delete (‘‘NCUTCD’’), Wagner Lighting Division liaison participant on behalf of the of Cooper Industries (‘‘Wagner’’), 3M Association of International Automobile aimability requirements from Federal Traffic Controls Materials Division Manufacturers (AIAM).’’ Because AIAM Motor Vehicle Safety Standard No. 108 (‘‘3M’’), and the American Association is a member of the Committee, NHTSA and leave this subject to be regulated by of State Highway and Transportation concludes that Volkswagen’s interests the States. Officials (‘‘AASHTO’’). are adequately represented and has There was one commenter on this In considering the requests for denied its request. issue. 3M believed that it was more representation, the task before NHTSA 3M, an applicant who is a appropriate for NHTSA, rather than the was to decide whether the requesters are manufacturer of retroreflective States, to establish ‘‘a national standard interests potentially affected by the materials, believes that ‘‘[m]odification for headlamp beam patterns and to proposed rulemaking that are not of the lower beam pattern may impact establish standards covering the ability otherwise adequately represented by the the effectiveness of retroreflective to aim headlamps such that the beam Committee members already chosen. devices in place on our nation’s pattern can be maintained.’’ In its view, Generally, those who responded did not highways.’’ In reviewing the ‘‘[i]ndividual states may lack the understand that NHTSA used the word composition of the Committee, the resources required to scientifically ‘‘interest’’ in a broad, categorical sense, agency discerned that the interests of research headlamp beam performance rather than a narrow individual one. For the reflectorized marking industry were and establish required performance.’’ example, Wagner, of Hampton, Va., not adequately represented. Without a national standard, ‘‘the applied to represent its interests as a Accordingly, it asked 3M whether it performance of traffic control devices manufacturer of both OEM and would be willing to serve as the could be jeopardized.’’ aftermarket lighting products. Upon representative of that industry for the 2. Whether it is appropriate for review of the existing committee negotiated rulemaking. It agreed to do NHTSA to develop a single approach to members, NHTSA concluded that the so, and has been added to the visual aim or any aim. interests of domestic headlamp Committee. NCUTCD, among other There were no commenters on this manufacturers might not be adequately things, ‘‘provides background issue. represented since there is no specific information and develops proposed 3. Whether motor vehicle inspectors trade organization that speaks for them, standards for traffic control devices for are likely to follow the results of a and no Committee member already the Federal Highway Administration.’’ It negotiated approach. chosen directly addressed this interest. applied for membership on the basis of 3M, the sole commenter, considers Accordingly, NHTSA asked Wagner if it ‘‘the critical need for adequate that ‘‘[t]he negotiation process will most would be willing to represent the headlamp that provides the light source likely result in a standard which is as interests of the domestic OEM and for sign reflectorization.’’ After easy to implement as possible while still replacement headlamp manufacturing reviewing the composition of the remaining effective.’’ Implementation of industry (as compared with its corporate Committee and NCUTCD’s remarks, the result will be more successful if ‘‘the interests), and Wagner agreed to do so. NHTSA is denying its request. The reasoning which supports the Accordingly, NHTSA has added Wagner group’s interest in headlighting and sign specification is communicated to those to the Committee, as shown in the list reflectorization are adequately affected. States and inspectors need to above. Osram described itself as a represented by existing committee understand the ‘why’ as well as the manufacturer of motor vehicle members. To the extent that NCUTCD ‘how’ associated with safe night time headlamp and headlamp light sources provides guidance to the Federal driving.’’ that meet both Standard No. 108 and Highway Administration (FHWA), its 4. Whether SAE Standard J1735 ECE standards, and offered to provide interests are adequately represented by Harmonized Vehicle Headlamp an employee who is a member of the NHTSA, which also represents the Performance Requirement is acceptable Groupe de Travail Brussels. Hella FHWA. AASHTO applied because of its as a starting point from which to begin described itself as an OEM supplier, concern ‘‘with regard to the negotiating the details of a visual aim knowledgeable about the lighting illumination of signage and other traffic provision for Standard No. 108. technologies of both the United States control devices having retroreflective 3M agreed without comment. and Europe. Both Hella and Osram are characteristics.’’ The agency has Volkswagen of America agreed that the the United States subsidiaries of concluded that AASHTO’s interests are committee could use the SAE standard European headlamp manufacturers. adequately represented by 3M, AAMVA, as the starting point even though ‘‘a few After reviewing these requests, NHTSA and NHTSA, and is denying its request. photometric points and zonal values has decided to deny them. To the extent still need to be discussed and resolved.’’ to which the interest of these companies III. Participation by Non-Members 5. Other issues. is headlamps with European beam Negotiation sessions will be open to Commenters raised other issues. patterns and aiming characteristics, the public, so that individuals who are Volkswagen recommended that ‘‘front their interests will be adequately not part of the Committee may attend fog lamps or other front lamps that represented by Groupe de Travail and observe, but not participate. project a beam should also be included Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Proposed Rules 36255 in the negotiated rulemaking even V. Procedure and Schedule has given advance notice of this meeting though they are optional devices and Two comments were received on the to all Committee members and believes not required by any Standard.’’ In its Committee procedure regarding that all members will be present for this view, ‘‘unregulated fog lamps on some establishment of a definition of first and important meeting. Title 41 CFR Sec. 101–6.1015 requires vehicles are actually larger and in some consensus. The American Automobile that establishment notices and notices cases brighter with more glare, Manufacturers Association (AAMA), a of advisory committee meetings must be especially if improperly aimed, than the Committee member, is concerned that published at least 15 calendar days headlamps themselves.’’ It believes that ‘‘if the advisory committee is unable to before the committee charter is filed and any headlamp beam standard that initially agree on the voting rules, that at least 15 calendar days prior to a NHTSA develops ‘‘would be fruitless by default, the voting rules for and only a partial solution if meeting. However, that section also subsequent votes will be required to be unregulated fog lamps and other provides that the Secretariat may unanimous.’’ In its view ‘‘this possible auxiliary lamps remain uncontrolled approve less than 15 days for the occurrence could negate the efforts to and improperly aimed.’’ establishment notice when requested by arrive at constructive rulemaking in this In NHTSA’s view, Volkswagen’s the agency for good cause. In area.’’ It recommends that the ‘‘default recommendation does not relate directly exceptional circumstances, the agency voting rules’’ be set for ‘‘substantial to the issue of headlamp aimability may give less than 15 days notice of a agreement’’ in order ‘‘to eliminate the requirements, which are the focus of the meeting, provided that the reasons for potential for one vote to stymie the Committee. The argument made by doing so are included in the committee process.’’ Volkswagen of America Volkswagen is interesting as it relates to meeting notice published in The expressed the same concern, and the overall needs of roadway Federal Register. In developing the recommended that consensus be illumination for nighttime driving; schedule for the first meeting, the ‘‘substantial agreement or some defined however, it would be appropriate to agency determined that an early date plurality such as 2⁄3 of the members address it in a future rulemaking more was most convenient for the identified voting acceptance.’’ The voting rules are closely aligned with roadway interests. The date chosen did not set during the Organization Meeting of illumination performance. permit the notice of establishment and the Committee, and NHTSA will make Issues of concern to 3M were ‘‘the first meeting to be published not less the Committee aware of the impact of all potential lower headlamp than 15 days before the charter was filed recommendations of the commenters. beam patterns on the visibility of traffic and the scheduled date for the meeting. NHTSA anticipates that all of the signs and pavement markings, the cost However, representatives of the negotiation sessions will take place at of maintaining traffic control devices to identified interests were informed of the DOT headquarters in Washington, D.C. meet a minimum luminance value of 2.4 meeting date well in advance of the 15 Consistent with requirements of the candelas per square meter based on the day period. various beam patterns under Federal Advisory Committee Act, consideration, how the visibility of NHTSA will keep a summary record of Issued: July 12, 1995. pedestrians, joggers, etc. on both sides all Committee meetings. This record Barry Felrice, of the roadway would be affected by the will be placed in Docket No. 95–28. Associate Administrator for Safety proposed beam patterns, the The objective of the negotiation, in Performance Standards. applicability of beam patterns among NHTSA’s view, is for the Committee to [FR Doc. 95–17452 Filed 7–12–95; 12:02 pm] various vehicle types, the effect of prepare a report recommending a BILLING CODE 4910±59±P changing headlamp patterns on research regulatory approach for resolving the completed by the FHWA for minimum issues discussed above. If consensus is replacement values for signs and not obtained on some issues, the report 49 CFR Part 575 pavement markings, the impact of beam will identify the areas of agreement and [Docket No. 94±30, Notice 4] pattern on conspicuity of other vehicles disagreement, and explanations for any and legibility of front mounted license disagreement. NHTSA will issue a RIN 2127±AF17 notice of proposed rulemaking based on plates.’’ These appear to be relevant Consumer Information Regulations the approach recommended by the concerns and, as a Committee member, Uniform Tire Quality Grading Committee. 3M may raise them when appropriate. Standards; Correction The University of Michigan The negotiation process will proceed Transportation Research Institute according to a schedule of specific dates AGENCY: National Highway Traffic (‘‘UMTRI’’) expressed concern that the that the Committee devises at the first Safety Administration (NHTSA), driving public was underrepresented on meeting to be held on July 25–27, 1995. Department of Transportation (DOT). the proposed committee. UMTRI did not NHTSA will publish notices of future ACTION: Correction to supplemental request that it be added to the meetings in the Federal Register. The notice of proposed rulemaking and committee, but asked that the committee first meeting is scheduled to begin at change in date of public meeting. keep in mind the needs of older drivers 9:30 a.m. in Room 2230 of the Nassif as it negotiates. 3M also asked that the Building, DOT headquarters, 400 SUMMARY: On July 5 1995, NHTSA committee consider ‘‘the elderly driver’s Seventh Street, SW., Washington, D.C. published a notice announcing a public response to glare.’’ NCUTCD pointed This session will commence with an meeting on the Uniform Tire Quality out that ‘‘[t]he ability to see and react to orientation and regulatory negotiation Grading Standards (UTQGS), and a traffic control devices is even more training program conducted by a supplemental notice of proposed critical for the older driver.’’ NHTSA facilitator from the Federal Mediation rulemaking to amend the UTQGS (See shares these concerns, and anticipates and Conciliation Service. An orientation 60 FR 34961). In this document, NHTSA that a proposal based upon the in headlamp aiming will then be changes the date of the public meeting recommendations of the committee will presented. After the training program, to July 28, 1995, and corrects the accommodate the needs of older drivers the Committee will devise its proposed regulatory text. in no less a fashion that do current procedures and calendar, and will then FOR FURTHER INFORMATION CONTACT: Mr. headlighting specifications. begin substantive deliberations. NHTSA Orron Kee, Office of Market Incentives, 36256 Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Proposed Rules Office of the Associate Administrator for calculate a specific rolling resistance Building, 400 Seventh Street, SW, Safety Performance Standards, National coefficient. Washington, DC.’’ Highway Traffic Safety Administration, On page 34964, in the third column, Need for Correction 400 Seventh Street SW., Room 5320, in the proposed regulatory text to Washington, DC 20590, telephone (202) As published, the July 5, 1995 amend 49 CFR part 575.104, under 366–0846. contained an error in the proposed (Alternative 2 to paragraph (g)), paragraph (g)(3)(ii) should read as SUPPLEMENTARY INFORMATION: regulatory text. Correction of the error is necessary to enable the public to make follows: Background preparations for attending the public (ii) Using the numbers in Example No. In the July 5, 1995 Federal Register, meeting and to comment effectively on 2 in paragraph (g)(2) of this section: If NHTSA published a supplemental the supplemental proposal. Fn = 1,100 lbf, and Fr = 18 lbf, then notice of proposed rulemaking (SNPRM) Correction of Publication to amend the Uniform Tire Quality =18 = Cr 0. 01636 Grading Standards (UTQGS)(49 CFR Accordingly, the publication on July 1100, 575.104), extension of comment period 5, 1995, of the supplemental notice of = − × and notice of public meeting (See 60 FR proposed rulemaking and notice of Fg (0 . 0150 0 . 01636 ) 1 ,333 34961). The July 1995 document was public meeting, which were the subject published subsequent to a May 24, 1995 of FR Doc. 95–1462, is changed and =( −0 . 00136 ) × 1 ,333 proposal to amend the UTQGS, with a corrected as follows: closing date of July 10, 1995 to receive = −1. 82or 0 percent public comments. On page 34961, in the third column, under DATES:, the first sentence is A negative value represents a 0 The July 1995 document announced percent increase in fuel economy, and the extension of the comment closing changed to read: ‘‘The public meeting will be held July 28, 1995, beginning at would be expressed as a fuel economy date to August 14, 1995, and announced grade of ‘‘0%’’. that a public meeting would be held to 9 a.m.’’ supplement the written comments. The On page 34962, in the first column, Issued on: July 10, 1995. July 1995 document also included a under Requests for Extension of Barry Felrice, SNPRM, proposing an additional Comment Period and for Public Associate Administrator for Safety calculation to supplement the proposed Meeting, the fourth sentence should Performance Standards. rolling resistance regression equation so read: ‘‘A public meeting will be held on [FR Doc. 95–17298 Filed 7–13–95; 8:45 am] that the equation can be used to July 28, 1995 in Room 2230, Nassif BILLING CODE 4910±59±P 36257 Notices Federal Register Vol. 60, No. 135 Friday, July 14, 1995 This section of the FEDERAL REGISTER SUPPLEMENTARY INFORMATION: The Forest be considered. The EIS will disclose the contains documents other than rules or Service proposed action would analysis of site-specific mitigation. proposed rules that are applicable to the consolidate landownership presently Comments from the public will public. Notices of hearings and investigations, characterized by a ‘‘checkerboard’’ continue to be used to: committee meetings, agency decisions and ownership pattern. Consolidation will rulings, delegations of authority, filing of —Identify potential issues. petitions and applications and agency enable the Forest Service to: implement —Identify major issues to be analyzed in statements of organization and functions are more effective ecosystem based depth. examples of documents appearing in this management; better protection of —Eliminate minor issues or those which section. wetlands; attainment of long-term have been covered by a previous habitat needs by reducing fragmentation environmental analysis, such as the of forest cover; and reduce recreational Mt Baker-Snoqualmie LRMP. DEPARTMENT OF AGRICULTURE conflict. Lands acquired in the exchange —Identify alternatives to the proposed by the Forest Service will be managed action. Forest Service in accord with the LRMP. —Identify potential environmental effects of the proposed action and Huckleberry Land Exchange With The proposed action will exchange lands that are offered to the Forest alternatives (i.e. direct, indirect, and Weyerhaeuser Company, Mt. Baker- cumulative effects). Snoqualmie National Forest, Skagit, Service which include Weyerhaeuser lands that are: in the Greenwater River —Determine potential cooperating Snohomish, King, Lewis and Pierce agencies and task assignments. Counties, Washington Basin east of Enumclaw; near the Norse Peak Wilderness Area; and next to the Issues identified as a result of internal AGENCY: Forest Service, USDA. Clearwater River Wilderness Area east and public scoping include: Access and ACTION: Notice of intent to prepare of Carbonado. Other Weyerheauser travel management; threatened, environmental impact statement. lands offered are: between the north and endangered and sensitive plant and middle forks of the Snoqualmie River animal species; current condition of SUMMARY: The Forest Service, USDA, near the Alpine Lakes Wilderness Area; federal and nonfederal lands; and will prepare an environmental impact in the McClellan Butte area near valuation procedures for Federal and statement (EIS) on a proposal to Snoqualmie Pass and south of U.S. nonfederal lands. exchange lands west of the Cascade Highway 2; and in the South Fork of the An initial scoping letter was mailed Crest in the state of Washington. The Skykomish River Basin near Index. Two on June 14, 1994. The responses have exchange would result in the transfer of smaller Weyerhaeuser parcels are been compiled and will be incorporated up to 7,200 acres of National Forest located in south Skagit County and in into the process. Public involvement System (NFS) lands for up to 33,000 Lewis County, in the North fork of the meetings have been considered but are acres of Weyerhaeuser lands in Stillaquamish drainage. not scheduled at this time. Snohomish, King, Pierce, Yakima, Weyerhaeuser will acquire NFS lands Consolidation of checkerboard Skagit, and Kittitas Counties in the state located generally to the west of the ownership in the I–90 corridor into of Washington. Transfer of these lands administrative boundary of the Mt. federal control would provide an will result in consolidation of NFS land Baker-Snoqualmie National Forest. The opportunity for ecosystem management ownership in the Greenwater, area is mostly north of the Greenwater on a larger scale. It would also support Snoqualmie (I–90 corridor), and River and the community of the ‘‘Mountains-to-the-Sound’’ goals of a Skykomish River Basins. Greenwater. continuous greenway between the The EIS will be consistent with the Cascade Mountains and Puget Sound. Mt. Baker-Snoqualmie National Forest The Mt-Baker-Snoqualmie LRMP (as The draft EIS is expected to be filed Land and Resource Management Plan amended) provides guidance for land in November 1995. The comment period (LRMP) (as amended in April 1994), exchanged within the potentially on the draft environmental impact which provides overall guidance of all affected area through its goals, statement will be 45 days from the date land management activities on the Mt objectives, standards, guidelines and the Environmental Protection Agency Baker-Snoqualmie National Forest. management area direction. publishes the notice of availability in The Forest Service invites written An environmental document will be the Federal Register. comments and suggestions on the issues produced which will display The Forest Service believes it is and management opportunities for the alternatives considered, including the important to give reviewers notice at area being analyzed. proposed action, and an estimation of this early stage of several court rulings DATES: Comments concerning the scope the effects of the alternatives. Based on related to public participation in the of the analysis should be received in the issues identified through scoping, environmental review process. First, writing by July 31, 1995. all action alternatives will vary in the reviewers of draft EIS must structure ADDRESSES: Send written comments to number of acres to exchange, the their participation in the environmental Dennis Bschor, Forest Supervisor, 21905 location of the acres to be exchanged, review of the proposal so that it is 64th Avenue West, Mountlake Terrace, and the kind of mitigation measures. meaningful and alerts an agency to the Washington 98043. The EIS will analyze the direct, reviewer’s position and contentions FOR FURTHER INFORMATION CONTACT: indirect, and cumulative environmental (Vermont Yankee Nuclear Power Corp. Jeff Osmundson, Washington Area Land effects of the alternatives. Past, present, v. NRDC, 435 U.S. 519, 553 (1978)). Adjustment Team, Staff Appraiser, and projected activities on both private Also, environmental objections that Phone: 206–744–3446. and National Forest System lands will could be raised at the draft EIS stage but 36258 Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Notices that are not raised until after completion ARCHITECTURAL AND established an advisory committee to of the final EIS may be waived or TRANSPORTATION BARRIERS review the Americans with Disabilities dismissed by the courts (City of Angoon COMPLIANCE BOARD Act Accessibility Guidelines (ADAAG) v. Hodel, 803 F.2d 1016, 1022 (9th Cir. for buildings and facilities. 36 CFR part 1986) and Wisconsin Heritages, Inc. v. ADAAG Review Advisory Committee; 1191, appendix A. The advisory Harris, 490 F. Supp. 1334, 1338 (E.D. Meetings committee will make recommendations to the Access Board for updating Wis. 1980)). Because of these court AGENCY: Architectural and ADAAG to ensure that the guidelines rulings, it is very important that those Transportation Barriers Compliance remain a state-of-the-art document interested in this proposed action Board. which is generally consistent with participate by the close of the 45-day ACTION: Notice of meetings. comment period so that substantive technological developments and changes in national standards and comments and objections are made SUMMARY: The Architectural and model codes, and continue to meet the available to the Forest Service at a time Transportation Barriers Compliance needs of individuals with disabilities. when it can meaningfully consider them Board (Access Board) gives notice of the The advisory committee is composed of and respond to them in the final EIS. dates and locations of subcommittee meetings at the ADAAG Review organizations representing individuals Advisory Committee. with disabilities, model code To assist the Forest Service in organizations, professional associations, identifying and considering issues and ADATES: The subcommittees of the State and local governments, building concerns on the proposed action, ADAAG Review Advisory Committee owners and operators, and other comments on the draft EIS should be as will meet as follows: organizations. The advisory committee specific as possible. It is also helpful if Accessible Routes Subcommittee, July has formed the following subcommittees comments refer to specific pages or 28, 19, and 30 and August 28, 29, and to assist in its work: Editorial, chapters of the draft statement. 30, 1995. Accessible Routes, Communications, Comments may also address the Communications Subcommittee, July Plumbing, and Special Occupancies. adequacy of the draft EIS or the merits 31 and August 1 and 2, 1995. The subcommittees will present their of the alternatives formulated and Plumbing Subcommittee, August 24 recommendations to the full advisory and 25, 1995. discussed in the statement. (Reviewers committee in November 1995. The full Special Occupancies Subcommittee, may wish to refer to the Council on advisory committee will review the August 9, 10, and 11 and September 25 subcommittee recommendations and Environmental Quality Regulations for and 26, 1995. implementing the procedural provisions present final recommendations to the All meetings will be held from 9:00 Access Board by May 1996. of the National Environmental Policy a.m. to 5:00 p.m. Act at 40 CFR 1503.3 in addressing The Accessible Routes Subcommittee, ADDRESSES: The Accessible Routes these points.). Communications Subcommittee, Subcommittee meetings will be held at Plumbing Subcommittee, and Special the offices of the Paralyzed Veterans of The final EIS is scheduled to be Occupancies Subcommittee will meet America, 801 18th Street, NW., on the dates and at the locations completed March 1996. In the final EIS, Washington, DC. The Communications announced in this notice. The meetings the Forest Service is required to respond Subcommittee meetings will be held at are open to public. The meetings sites to comments and responses received the Grand Hyatt, 1000 H Street, NW., are accessible to individuals with during the comment period that pertain Washington, DC. The Plumbing disabilities. Individuals with hearing to the environmental consequences Subcommittee meetings will be held at impairments who require sign language discussed in the draft EIS and the offices of the National Institute of interpreters should contact Marsha applicable laws, regulations, and Building Sciences. 1201 L Street, NW., Mazz at least three full business days policies considered in making the Washington, DC. The location of the prior to the meeting date by calling decision regarding this proposal. The Special Occupancies Subcommittee (202) 272–5434 ext. 21 (voice) or (202) lead agency is the Forest Service. meetings has not been determined. 272–5434 ext. 21 (TTY). Wendy M. Herrett, Director of Persons interested in attending the James J. Raggio, Recreation, Lands, and Mineral Special Occupancies Subcommittee General Counsel. meetings should contact the Access Resources, Pacific Northwest Region, is [FR Doc. 95–17273 Filed 7–13–95; 8:45 am] Board prior to the date of the meetings. the responsible official. As the BILLING CODE 8150±01±M responsible official she will document Information on contacting the Access the decision and reasons for the Board is listed below. FOR FURTHER INFORMATION CONTACT: For decision in the Record of Decision. That DEPARTMENT OF COMMERCE decision will be subject to Forest further information regarding the Service appeal regulations (36 CFR Part meetings, please contact Marsha Mazz, Foreign-Trade Zones Board 217). Office of Technical and Information Services, Architectural and [Docket 36±95] Dated: July 10, 1995. Transportation Barriers Compliance Board, 1331 F Street, NW., suite 1000, Foreign-Trade Zone 141, Monroe County, New York; Application for Wendy M. Herrett, Washington, DC 20004–1111. Telephone (202) 272–5434 ext. 21 Expansion Director, Recreation, Lands and Mineral (voice); (202) 272–5449 ext. 21 (TTY). An application has been submitted to Resources. This document is available in alternate the Foreign-Trade Zones Board (the formats (cassette tape, braille, large Board) by the County of Monroe, New [FR Doc. 95–17299 Filed 7–13–95; 8:45 am] print, or computer disk) upon request. York, grantee of Foreign-Trade Zone SUPPLEMENTARY INFORMATION: In 141, requesting authority to expand its BILLING CODE 3410±11±M September 1994, the Access Board zone in the Monroe County area, within Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Notices 36259 the Rochester Customs port of entry. 14th and Pennsylvania Avenue, NW., Signed at Washington, DC, this 7th day of The application was submitted pursuant Washington, DC 20230 July 1995. to the provisions of the Foreign-Trade Dated: July 6, 1995. Susan G. Esserman, Zones Act, as amended (19 U.S.C. 81a– Dennis Puccinelli, Assistant Secretary of Commerce for Import 81u), and the regulations of the Board Administration, Alternate Chairman, Foreign- (15 CFR part 400). It was formally filed Acting Executive Secretary. Trade Zones Board. on July 5, 1995. [FR Doc. 95–17344 Filed 7–13–95; 8:45 am] Attest: FTZ 141 was approved on April 2, BILLING CODE 3510±DS±P 1987 (Board Order 355, 52 FR 12219, 4/ Dennis Puccinelli, 15/87). The zone project includes 4 Acting Executive Secretary. general-purpose sites in the Rochester, [Order No. 754] [FR Doc. 95–17351 Filed 7–13–95; 8:45 am] New York, area: Site 1 (18 acres)—401– BILLING CODE 3510±DS±P 409 Pixley Road, Gates; Site 2 (8 Grant of Authority for Subzone Status, acres)—30 Breck Street, Rochester; Site Oneida Ltd., (Tableware); Sherrill and 3 (19 acres)—10 Carriage Street, Oneida, New York [Order No. 758] Honeoye Falls; and, Site 4 (39 acres)— 200 Carlson Road, Rochester. Pursuant to its authority under the Approval of Export Manufacturing The applicant is now requesting Foreign-Trade Zones Act of June 18, Activity; ABB Randall Corporation authority to expand the general-purpose 1934, as amended (19 U.S.C. 81a–81u), (Gas Plant Modules) Within Foreign- zone to include two new sites in the the Foreign-Trade Zones Board (the Trade Zone 155, Calhoun County, Town of Henrietta (Monroe County) Board) adopts the following Order: Texas (proposed Sites 5 and 6): Whereas, by an Act of Congress Proposed Site 5: (5 acres)—Diamond approved June 18, 1934, an Act ‘‘To Pursuant to its authority under the Packaging Company facility, 111 Commerce provide for the establishment...of Foreign-Trade Zones Act of June 18, Drive, Henrietta, 5 miles south of the Greater 1934, as amended (19 U.S.C. 81a-81u), Rochester International Airport; and, foreign-trade zones in ports of entry of Proposed Site 6: (3 acres)—Diamond the United States, to expedite and the Foreign-Trade Zones Board (the Packaging Company facility, 10 Thruway encourage foreign commerce, and for Board) adopts the following Order: Park Drive, Henrietta, 7 miles south of the other purposes,’’ as amended (19 U.S.C. Whereas, § 400.28(a)(2) of the Board’s Greater Rochester International Airport. 81a-81u) (the Act), the Foreign-Trade regulations, requires approval of the Diamond Packaging provides Zones Board (the Board) is authorized to Board prior to commencement of new warehousing, inventory management, grant to qualified corporations the manufacturing/processing activity and packaging services to a range of privilege of establishing foreign-trade within existing zone facilities; customers, including companies in the zones in or adjacent to U.S. Customs Whereas, the Calhoun-Victoria FTZ, photographic, electronics, ports of entry; Inc., grantee of FTZ 155, Calhoun pharmaceutical and health products Whereas, the Board’s regulations (15 County, Texas, has requested authority industries. It would serve as zone CFR Part 400) provide for the under § 400.32(b)(1) of the Board’s operator for these two sites. regulations on behalf of ABB Randall No specific manufacturing requests establishment of special-purpose Corporation, to manufacture gas plant are being made at this time. Such subzones when existing zone facilities requests would be made to the Board on cannot serve the specific use involved; modules for export within FTZ 155 a case-by-case basis. Whereas, an application from the (filed 5–8–95, FTZ Docket A(32b1)-7– In accordance with the Board’s County of Oneida, New York, grantee of 95; Doc. 35–95, assigned 6/29/95); regulations, a member of the FTZ Staff Foreign-Trade Zone 172, for authority to Whereas, pursuant to § 400.32(b)(1), has been designated examiner to establish special-purpose subzone status the Commerce Department’s Assistant investigate the application and report to for the tableware manufacturing Secretary for Import Administration has the Board. facilities of Oneida Ltd. at sites in the authority to act for the Board in Public comment on the application is Sherrill and Oneida, New York, was making such decisions on new invited from interested parties. filed by the Board on June 7, 1994, and manufacturing/processing activity Submissions (original and 3 copies) notice inviting public comment was under certain circumstances, including shall be addressed to the Board’s given in the Federal Register (FTZ situations where the proposed activity is Executive Secretary at the address Docket 23–94, 59 FR 30910, 6/16/94); for export only (§ 400.32(b)(1)(ii); and, below. The closing period for their and, receipt is September 12, 1995. Rebuttal Whereas, the FTZ Staff has reviewed comments in response to material Whereas, the Board has found that the the proposal, taking into account the submitted during the foregoing period requirements of the FTZ Act and criteria of § 400.31, and the Executive may be submitted during the subsequent Board’s regulations are satisfied, and Secretary has recommended approval; 15-day period (to September 27, 1995). that approval of the application is in the Now, therefore, the Assistant A copy of the application and public interest; Secretary for Import Administration, accompanying exhibits will be available Now, therefore, the Board hereby acting for the Board pursuant to for public inspection at each of the authorizes the establishment of a § 400.32(b)(1), concurs in the following locations: subzone (Subzone 172A) at the Oneida recommendation and hereby approves U.S. Department of Commerce, District Ltd. facilities in Sherrill and Oneida, the request for a period ending Office, 111 East Avenue, Suite 220, New York, at the locations described in December 31, 1996, subject to the Act Rochester, New York 14604 the application, subject to the FTZ Act and the Board’s regulations, including Office of the Executive Secretary, and the Board’s regulations, including § 400.28. Foreign-Trade Zones Board, Room § 400.28. 3716, U.S. Department of Commerce, 36260 Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Notices Signed at Washington, DC, this 7th day of SUMMARY: The Department of Commerce administrative reviews of various July 1995. (the Department) has received requests antidumping and countervailing duty Susan G. Esserman, to conduct administrative reviews of orders and findings with June Assistant Secretary of Commerce for Import various antidumping and countervailing anniversary dates. The Department also Administration, Chairman, Committee of duty orders and findings with June received timely requests to revoke in Alternates, Foreign-Trade Zones Board. anniversary dates. In accordance with part the antidumping duty orders on Attest: the Department’s regulations, we are polyethylene terephthalate film from Dennis Puccinelli, initiating those administrative reviews. Japan and Korea and the antidumping Acting Executive Secretary. The Department also received requests finding on oil country tubular goods [FR Doc. 95–17350 Filed 7–13–95; 8:45 am] to revoke two antidumping duty orders from Canada. BILLING CODE 3510±DS±P and one antidumping finding in part. EFFECTIVE DATE: July 14, 1995. Initiation of Reviews FOR FURTHER INFORMATION CONTACT: International Trade Administration In accordance with 19 CFR 353.22(c) Holly A. Kuga, Office of Antidumping and 355.22(c), we are initiating Initiation of Antidumping and Compliance, Import Administration, administrative reviews of the following Countervailing Duty Administrative International Trade Administration, antidumping and countervailing duty Reviews and Requests for Revocation U.S. Department of Commerce, 14th orders and findings. The Department is in Part Street and Constitution Avenue, NW., not initiating an administrative review Washington, DC. 20230, telephone: of any exporters and/or producers who AGENCY: Import Administration, (202) 482–4737. were not named in a review request International Trade Administration, because such exporters and/or Department of Commerce. SUPPLEMENTARY INFORMATION: producers were not specified as ACTION: Notice of Initiation of Background required under § 353.22(a) (19 CFR Antidumping and Countervailing Duty The Department has received timely 353.22(a)). We intend to issue the final Administrative Reviews and Requests requests, in accordance with 19 CFR results of these reviews not later than for Revocation in Part. 353.22(a) and 355.22(a) (1994), for June 30, 1996. Period to be reviewed Antidumping Duty Proceedings: Canada: Oil Country Tubular Goods A±122±506 IPSCO, Inc...... 06/01/94±05/31/95 France: Calcium Aluminate Flux A±427±812 LaFarge Fondu International ...... 06/15/94±05/31/95 Large Power Transformers A±427±030 Jeumont Schneider ...... 06/01/94±05/31/95 Germany: High-Tenacity Rayon Filament Yarn A±428±810 Akzo Nobel Faser AG ...... 06/01/94±05/31/95 Sugar A±428±082 Pfefer & Langen ...... 06/01/94±05/31/95 Japan: Polyethylene Terephthalate Film (PET Film) A±588±814 Toray Industries, Inc...... 06/01/94±05/31/95 Korea: Polyethylene Terephthalate Film (PET Film) A±580±807 Cheil Synthetics, Inc., Kolon Industries, Inc., SKC Limited, STC ...... 06/01/94±05/31/95 Netherlands: Aramid Fiber Formed of Poly Para-Phenylene Terephthalamide (``PPD±T'') A±421±805 Aramid Products V.o.F...... 12/16/93±05/31/95 New Zealand: Fresh Kiwifruit A±614±801 New Zealand Kiwifruit Marketing Board (``NZKMB'') ...... 06/01/94±05/31/95 The People's Republic of China: Sparklers A±570±804 Guangxi Native Produce I/E Corporation; Behai Fireworks & Firecrackers Branch ...... 06/01/94±05/31/95 Romania: Tapered Roller Bearings and Parts Thereof A±485±602 Tehnoimportexport, S.A...... 06/01/94±05/31/95 Taiwan: Certain Stainless Steel Butt-Weld Pipe Fittings A±583±816 Ta Chen Stainless Pipe, Ltd...... 06/01/94±05/31/95 Countervailing Duty Proceedings: None. Interested parties must submit administrative protective orders in accordance with 19 CFR 353.34(b) and applications for disclosure under Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Notices 36261 These initiations and this notice are Request an Administrative Review’’ of Foreign Market Value in accordance with section 751(a) of the the antidumping finding on fishnetting In accordance with section 773(a) of Tariff Act of 1930, as amended (19 from Japan (37 FR 11560, June 9, 1972) the Act, the Department calculated FMV U.S.C. 1675(a)) and 19 CFR 353.22(c)(1) for the period June 1, 1993, through May for Yamaji based on f.o.b. and delivered and 355.22(c)(1). 31, 1994 (59 FR 29411) . We received a prices to unrelated purchasers in the Dated: July 10, 1995. timely request for an administrative home market. We used the invoice date Roland L. MacDonald, review on June 29, 1994, from Yamaji as the date of sale for these transactions. Acting Deputy Assistant Secretary for Fishing Net Company Ltd. (Yamaji). The Because information from Yamaji Compliance. Department initiated the review, indicated that there were no cost [FR Doc. 95–17352 Filed 7–13–95; 8:45 am] covering the period June 1, 1993, differences between the U.S. BILLING CODE 3510±DS±M through May 31, 1994, on July 15, 1994 merchandise and similar home market (59 FR 36160). The Department is now merchandise, we did not make an conducting this review in accordance adjustment to FMV for physical [A±588±029] with section 751 of the Tariff Act of differences. We adjusted FMV for the 1930, as amended (the Act). differences in packing costs between the Fishnetting of Man-Made Fibers From home market and the U.S. market. We Japan; Preliminary Results of Scope of the Review deducted home market packing costs Antidumping Duty Administrative Imports covered by the review are from the home market price and added Review U.S. packing costs to the FMV. No other shipments of fishnetting of man-made adjustments were claimed or allowed. AGENCY: Import Administration, fibers, not including salmon gill netting, International Trade Administration, from Japan. This merchandise is Preliminary Results of Review Department of Commerce. currently classified under item numbers As a result of this review, we ACTION: Notice of Preliminary Results of 5608.11.00, 5608.19.10, and 5608.90.10 preliminarily determine that the Antidumping Duty Administrative of the Harmonized Tariff Schedule following margin exists for the period Review. (HTS). The HTS subheading is provided June 1, 1993, through May 31, 1994: for convenience and for U.S. Customs SUMMARY: In response to a request from purposes. The written description Manufacturer/Exporter Percent one respondent, the Department of remains dispositive as to the scope of margin Commerce (the Department) is the product coverage. The period of Yamaji ...... 2.58 conducting an administrative review of review is June 1, 1993, through May 31, the antidumping duty order on 1994. fishnetting of man-made fibers from The following deposit requirements Japan. The review covers one United States Price will be effective for all shipments of manufacturer/exporter of the subject fishnetting of man-made fibers entered, merchandise to the United States for the In accordance with section 772(b) of or withdrawn from warehouse, for period June 1, 1993, through May 31, the Act, the Department based USP on consumption on or after the publication 1994. purchase price, because the date of the final results of this We have preliminarily determined merchandise was sold to unrelated U.S. administrative review, as provided by that sales have been made below the purchasers prior to importation. section 751(a) (1) of the Act: (1) The foreign market value (FMV). If these Purchase price was based on c.i.f. U.S. cash deposit rate for Yamaji will be the preliminary results are adopted in our port and packed prices to unrelated rate established in the final results of final results of administrative review, purchasers in the United States. The this review; (2) For previously reviewed we will instruct U.S. Customs to assess contract date was the date that the terms or investigated companies not listed antidumping duties equal to the of sale, quantity, and price were final; above, the cash deposit rate will difference between the United States thus, the Department accepted the continue to be the company-specific rate price (USP) and the FMV. respondent’s contract date as the date of published for the most recent period; (3) Interested parties are invited to sale. We made adjustments, where If the exporter is not a firm covered in comment on these preliminary results. applicable, for Japanese and U.S. ocean this review, a prior review, or in the Parties who submit argument in this freight, marine insurance, shipping original less-than-fair-value proceeding are requested to submit with charges, and inland freight. No other investigation, but the manufacturer is, the argument (1) a statement of the issue adjustments were claimed or allowed. the cash deposit rate will be the rate and (2) a brief summary of the established for the most recent period We reviewed information Yamaji for the manufacturer of the argument. submitted regarding product matches EFFECTIVE DATE: July 14, 1995. merchandise; and (4) If neither the and determined product comparisons exporter nor the manufacturer is a firm FOR FURTHER INFORMATION CONTACT: Kim based on this information. We first covered in this or any previous review Moore or Thomas Futtner, Office of compared products sold in the United conducted by the Department, the cash Antidumping Compliance, Import States to identical products sold in the deposit rate will be zero percent, the all Administration, International Trade home market. For several of the others rate established in the final Administration, U.S. Department of products sold in the United States, we results of the first administrative review Commerce, 14th Street and Constitution did not find a contemporaneous sale of (49 FR 19339, April 30, 1984). Avenue, NW, Washington, D.C. 20230, the identical product in the home These deposit requirements, when telephone: (202) 482–0090/3814. market. To determine similar imposed, shall remain in effect until SUPPLEMENTARY INFORMATION: merchandise in the home market, we publication of the final results of the grouped products according to their next administrative review. Background specifications. We then compared U.S. Interested parties may request On June 7, 1994, the Department sales to these groups, again using these disclosure within 5 days of the date of published a notice of ‘‘Opportunity to specifications as our matching criterion. publication of this notice, and may 36262 Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Notices request a hearing within 10 days of the Agreements Compliance, Import SUPPLEMENTARY INFORMATION: Title III of date of publication. Any hearing, if Administration, International Trade the Export Trading Company Act of l982 requested, will be held as early as is Administration, U.S. Department of (15 U.S.C. Sections 4001–21) authorizes convenient for the parties but not later Commerce, 14th Street and Constitution the Secretary of Commerce to issue than 44 days after the date of Avenue, NW, Washington, DC 20230, Export Trade Certificates of Review. The publication of this notice or the first telephone (202) 377–3793 or telefax regulations implementing Title III are work day thereafter. Case briefs or other (202) 377–1388. found at 15 CFR part 325 (1993). The Office of Export Trading written comments from interested SUPPLEMENTARY INFORMATION: parties may be submitted not later than Company Affairs is issuing this notice 30 days after the date of publication of Background pursuant to 15 CFR 325.6(b), which this notice. Rebuttal briefs and rebuttal On April 14, 1995, the Department of requires the Department of Commerce to comments, limited to issues in the case Commerce published in the Federal publish a summary of a Certificate in briefs, may be filed not later than 37 Register a notice of initiation of the Federal Register. Under Section days after the date of publication. The administrative review of the suspended 305(a) of the Act and 15 CFR 325.11(a), Department will publish the final countervailing duty investigation on any person aggrieved by the Secretary’s results of this administrative review, frozen concentrated orange juice from determination may, within 30 days of including the results of its analysis of Brazil (60 FR 19017) at the request of the date of this notice, bring an action issues raised in any such written the Associac¸a˜o Brasileira dos in any appropriate district court of the comments. Exportadores de Cı´tricos (‘‘ABECitrus’’) United States to set aside the This notice serves as a preliminary and its member exporters. This notice determination on the ground that the reminder to importers of their stated that we would review determination is erroneous. responsibility under 19 CFR 353.26 to information submitted by ABECitrus Description of Amended Certificate file a certificate regarding the and its member exporters for the period Export Trade Certificate of Review reimbursement of antidumping duties January 1, 1994 through December 31, No. 92–00001 was issued to Aerospace prior to liquidation of the relevant 1994. ABECitrus and its member Industries of America, Inc. on April 10, entries during this review period. exporters subsequently withdrew their Failure to comply with this requirement request for review on June 19, 1995. 1992 (57 FR 13707) and previously could result in the Secretary’s Under § 355.22(a)(3) of the Department’s amended on September 8, 1992 (57 FR presumption that reimbursement of regulations, a party requesting a review 41920, September 14, 1992), October 8, antidumping duties occurred and the may withdraw that request no later than 1993 (58 FR 53711, October 18, 1993), subsequent assessment of double 90 days after the date of publication of and November 17, 1994 (59 FR 60349, antidumping duties. the notice of initiation. Because the November 23, 1994). AIA seeks to This administrative review and notice withdrawal by ABECitrus and its amend its Certificate to: 1. Delete the following companies as are in accordance with section 751(a) (1) member exporters occurred within the of the Act (19 U.S.C. 1675(a) (1)) and 19 time frame specified in 19 CFR ‘‘Members’’ of the Certificate: CFR 353.22. 355.22(a)(3), and no other interested Aluminum Company of America, party has requested an administrative Cleveland, Ohio; Dynamic Engineering Dated: July 6, 1995. Inc., Newport News, Virginia; Susan G. Esserman, review for this period, the Department is now terminating this review. Reflectone, Inc., Tampa, Florida; and Assistant Secretary for Import This notice is published pursuant to Vought Aircraft Company, Dallas, Administration. § 355.22(a)(3) of the Department’s Texas. [FR Doc. 95–17348 Filed 7–13–95; 8:45 am] regulations (19 CFR 355.22(a)(3)). 2. Change the listing of the following BILLING CODE 3510±DS±P current ‘‘Members’’ as follows: Change Dated: July 10, 1995. the name of HEICO Corporation to Roland L. MacDonald, HEICO Aerospace Corporation, [C±351±005] Acting Deputy Assistant Secretary for Hollywood, California; DuPont Compliance. Frozen Concentrated Orange Juice Company to E.I. du Pont de Nemours From Brazil; Termination of [FR Doc. 95–17349 Filed 7–13–95; 8:45 am] and Company, Wilmington, Delaware; Administrative Review of Suspended BILLING CODE 3510±DS±P Williams International to Williams Countervailing Duty Investigation International Corporation, Walled Lake, Michigan. AGENCY: Import Administration, Export Trade Certificate of Review 3. Change the name and address of International Trade Administration, ACTION: Notice of Issuance of an Aerojet, a Segment of GenCorp, Rancho Department of Commerce. amended Export Trade Certificate of Cordova, California to Aerojet-General ACTION: Notice of Termination of Review, Application No. 92–4A001. Corporation, Sacramento, California; Administrative Review of Suspended AlliedSignal Aerospace Company, Countervailing Duty Investigation. SUMMARY: The Department of Commerce Torrance, California to AlliedSignal, has issued an amendment to the Export Inc., Morristown, New Jersey; Dowty SUMMARY: On April 14, 1995, the Trade Certificate of Review granted to Aerospace Los Angeles, Duarte, Department of Commerce (‘‘the the Aerospace Industries Association of California to Dowty Decoto, Inc., Department’’) initiated an America, Inc. (‘‘AIA’’) on June 26, 1995. Yakima, Washington; Lucas Aerospace, administrative review of the suspended Notice of the original Certificate was Inc., Brea, California to Lucas Industries countervailing duty investigation on published in the Federal Register on Inc., Reston, Virginia. frozen concentrated orange juice from April 17, 1992 (57 FR 13707). 4. Change the address of Hexcel Brazil. The Department is now FOR FURTHER INFORMATION CONTACT: W. Corporation from Dublin, California to terminating this review. Dawn Busby, Director, Office of Export Pleasanton, California; Digital EFFECTIVE DATE: July 14, 1995. Trading Company Affairs, International Equipment Corporation from Marlboro, FOR FURTHER INFORMATION CONTACT: Trade Administration, (202) 482–5131. Massachusetts to Maynard, Alain Letort or Linda Ludwig, Office of This is not a toll-free number. Massachusetts; ITT Defense and Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Notices 36263 Electronics, Inc. from Arlington, Judges will be closed pursuant to of 35 U.S.C. 112, first paragraph, and 35 Virginia to McLean, Virginia; and Section 10(d) of the Federal Advisory U.S.C. 101. The Office has amended the Rockwell International Corporation Committee Act, 5 U.S.C. app. 2, as guidelines to provide a clarification from El Segundo, California to Seal amended by Section 5(c) of the consistent with these requests. The Beach, California. Government in the Sunshine Act, P.L. guidelines now specify that any A copy of the amended certificate will 94–409. The meeting, which involves rejection based on a ‘‘lack of utility’’ be kept in the International Trade examination of records and discussion under section 101 should be Administration’s Freedom of of Award applicant data, may be closed accompanied by a rejection based upon Information Records Inspection Facility, to the public in accordance with Section section 112, first paragraph. The Room 4102, U.S. Department of 552b(c)(4) of Title 5, United States Code, guidelines also specify that the Commerce, 14th Street and Constitution since the meeting is likely to disclose procedures for imposition and review of Avenue, N.W., Washington, D.C. 20230. trade secrets and commercial or rejections based on lack of utility under Dated: July 11, 1995. financial information obtained from a section 101 shall be followed with respect to the section 112 rejection that W. Dawn Busby, person and privileged or confidential. Dated: July 7, 1995. accompanies the section 101 rejection. Director, Office of Export Trading Company A suggestion was made that the Affairs. Samuel Kramer, guidelines should be modified to [FR Doc. 95–17353 Filed 7–13–95; 8:45 am] Associate Director. provide that an application shall be BILLING CODE 3510±DR±P [FR Doc. 95–17316 Filed 7–13–95; 8:45 am] presumed to be compliant with section BILLING CODE 3510±13±M 112, first paragraph, if there is no proper basis for imposing a section 101 National Institute of Standards and rejection. This suggestion has not been Technology Patent and Trademark Office followed. Instead, the guidelines specify Judges Panel of the Malcolm Baldrige [Docket No. 950706172±5172±01] that section 112, first paragraph, deficiencies other than those that are National Quality Award Utility Examination Guidelines based on a lack of utility be addressed separately from those based on a lack of AGENCY: National Institute of Standards AGENCY: Patent and Trademark Office, utility for the invention. and Technology Department of Commerce. Commerce. Several individuals suggested that the ACTION: Notice. ACTION: Notice of closed meeting. guidelines address how section 101 SUMMARY: The Patent and Trademark compliance will be reviewed for SUMMARY: Pursuant to the Federal Office (PTO) is publishing the final products that are either intermediates or Advisory Committee Act, 5 U.S.C. app. version of guidelines to be used by whose ultimate function or use is 2, notice is hereby given that there will Office personnel in their review of unknown. The Office has amended the be a closed meeting of the Judges Panel patent applications for compliance with guidelines to clarify how it will of the Malcolm Baldrige National the utility requirement. Because these interpret the ‘‘specific utility’’ Quality Award on Wednesday, August guidelines govern internal practices, requirement of section 101. 9, 1995. The Judges Panel is composed they are exempt from notice and Some individuals suggested that the guidelines be amended to preclude of nine members prominent in the field comment and delayed effective date Examiners from requiring that an of quality management and appointed rulemaking requirements under 5 U.S.C. applicant delete references made in the by the Secretary of Commerce. The 553(b)(A). specification to the utility of an purpose of this meeting is to review the EFFECTIVE DATE: July 14, 1995. 1995 Award applications and to select invention which are not necessary to FOR FURTHER INFORMATION CONTACT: Jeff applications to be considered in the site support an asserted utility of the Kushan by telephone at (703) 305–9300, visit stage of the evaluation. The claimed invention. The guidelines have by fax at (703) 305–8885, by electronic applications under review contain trade been amended consistent with this mail at [email protected], or by mail secrets and proprietary commercial suggestion. marked to his attention addressed to the information submitted to the One individual suggested that the Commissioner of Patents and Government in confidence. legal analysis be amended to emphasize Trademarks, Box 4, Washington, DC that any combination of evidence from DATES: The meeting will convene 20231. in vitro or in vivo testing can be August 9, 1995, at 8 a.m. and adjourn sufficient to establish the credibility of at 5 p.m. on August 9, 1995. The entire SUPPLEMENTARY INFORMATION: an asserted utility. The legal analysis meeting will be closed. I. Discussion of Public Comments has been amended consistent with this ADDRESSES: The meeting will be held at Forty-four comments were received recommendation. the National Institute of Standards and by the Office in response to the request A number of individuals questioned Technology, Administration Building, to public comment on the proposed the legal status of the guidelines, Gaithersburg, Maryland 20899. version of utility guidelines published particularly with respect to situations FOR FURTHER INFORMATION CONTACT: on January 3, 1995 (60 FR 97). All where an applicant believes that a Dr. Curt W. Reimann, Director for comments have been carefully particular Examiner has failed to follow Quality Programs, National Institute of considered. A number of changes have the requirements of the guidelines in Standards and Technology, been made to the examining guidelines imposing a rejection under section 101. Gaithersburg, Maryland 20899, and the legal analysis supporting the The guildeines and the legal analysis telephone number (301) 975–2036. guidelines in response to the comments supporting the guidelines govern the SUPPLEMENTARY INFORMATION: The received. internal operations of the Patent and Assistant Secretary for Administration, Many of the individuals responding to Trademark Office. They are not with the concurrence of the General the request for public comments intended to, nor do they have the force Counsel, formally determined on March suggested that the Office address the and effect of law. As such they are not 3, 1994, that the meeting of the Panel of relationship between the requirements substantive rules creating or altering the 36264 Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Notices rights or obligations of any party. the Office has amended the guidelines particular purpose (i.e., a ‘‘specific Rather, the guidelines define the to clarify the procedure to be followed utility’’) and that assertion would be procedures to be followed by Office when an applicant has failed to identify considered credible by a person of personnel in their review of a specific utility or an invention. The ordinary skill in the art, do not impose applications for section 101 compliance. guidelines now provide that where an a rejection based on lack of utility. The legal analysis supporting the applicant has made no assertion as to Credibility is to be assessed from the guidelines articulates the basis for the why an invention is believed useful, perspective of one of ordinary skill in procedures established in the and it is not immediately apparent why the art in view of any evidence of record guidelines. Thus, an applicant who the invention would be considered (e.g., data, statements, opinions, believes his or her application has been useful, the Office will reject the references, etc.) that is relevant to the rejected in a manner that is inconsistent application as failing to identify any applicant’s assertions. An applicant with the guidelines should respond specific utility for the invention. The must provide only one credible substantively to the grounds of the legal analysis has also been amended to assertion of specific utility for any rejection. ‘‘Non-compliance’’ with the address evaluation of this question. claimed invention to satisfy the utility guidelines will not be a petitionable or II. Guidelines for Examination of requirement. appealable action. (b) If the invention has a well- Some individuals suggested that the Applications for Compliance With the Utility Requirement established utility, regardless of any guidelines and legal analysis be assertion made by the applicant, do not amended to specify that the Office will A. Introduction impose a rejection based on lack of reject an application for lacking utility The following guidelines establish the utility. An invention has a well- only in those situations where the policies and procedures to be followed established utility if a person of asserted utility is ‘‘incredible.’’ This by Office personnel in the evaluation of ordinary skill in the art would suggestion has not been adopted. The any application for compliance with the immediately appreciate why the Office has carefully reviewed the legal utility requirements of 35 U.S.C. 101 invention is useful based on the precedent governing application of the and 112. The guidelines also address characteristics of the invention (e.g., utility requirement. Based on that issues that may arise during properties of a product or obvious review, the Office has chosen to focus examination of applications claiming application of a process). the review for compliance with Section protection for inventions in the field of (c) If the applicant has not asserted 101 and Section 112, first paragraph, on biotechnology and human therapy. The any specific utility for the claimed the ‘‘credibility’’ of an asserted utility. guidelines are accompanied by an invention and it does not have a well- Some individuals suggested that the overview of applicable legal precedent established utility, impose a rejection guidelines be amended to address how governing the utility requirement. The under section 101, emphasizing that the a generic claim that covers many guidelines have been promulgated to applicant has not disclosed a specific discrete species will be assessed with assist Office personnel in their review of utility for the invention. Also impose a regard to the ‘‘useful invention’’ applications for compliance with the separate rejection under section 112, requirements of sections 101 and 112 utility requirement. The guidelines and first paragraph, on the basis that the when one or more, but not all, species the legal analysis do not alter the applicant has not shown how to use the within the genus do not have a credible substantive requirements of 35 U.S.C. invention due to lack of disclosure of a utility. The guidelines have been 101 and 112, nor are they designed to specific utility. The sections 101 and amended to clarify how the Office will obviate review of applications for 112, rejections should shift the burden address applications in which genus compliance with this statutory to the applicant to: claims are presented that encompass requirement. species for which an asserted utility is —Explicityly identify a specific utility not credible. The legal analysis makes B. Examination Guidelines for the for the claimed invention, and clear that any rejection of any claimed Utility Requirement —Indicate where support for the subject matter based on lack of utility asserted utility can be found in the Office personnel shall adhere to the specification. must adhere to the standards imposed following procedures when reviewing Review the subsequently asserted by these guidelines. This is true applications for compliance with the utility by the applicant using the regardless of whether the claim defines ‘‘useful invention’’ (‘‘utility’’) standard outlined in paragraph (2)(a) only a single embodiment of the requirement of 35 U.S.C. 101 and 35 above, and ensure that it is fully invention, multiple discrete U.S.C. 112, first paragraph. embodiments of the invention, or a 1. Read the specification, including supported by the original disclosure. genus encompassing many the claims, to: 3. If no assertion of specific utility for embodiments of the invention. As cast (a) Determine what the applicant has the claimed invention made by the in the legal analysis and the guidelines, invented, noting any specific applicant is credible, and the claimed the focus of examination is the embodiments of the invention; invention does not have a well- invention as it has been defined in the (b) Ensure that the claims define established utility, reject the claim(s) claims. statutory subject matter (e.g., a process, under section 101 on the grounds that Some individuals questioned whether machine, manufacture, or composition the invention as claimed lacks utility. the guidelines and the legal analysis of matter); Also reject the claims under section 112, govern actions taken by Examining (c) Note is applicant has disclosed any first paragraph, on the basis that the Groups other than Group 1800 or the specific reasons why the invention is disclosure fails to teach how to use the Board of Patent Appeals and believed to be ‘‘useful.’’ invention as claimed. The section 112, Interferences. The guidelines apply to 2. Review the specification and claims first paragraph, rejection imposed in all Office personnel, and to the review to determine if the applicant has conjunction with a section 101 rejection of all applications, regardless of field of asserted any credible utility for the should incorporate by reference the technology. claimed invention: grounds of the corresponding section In addition to the changes made in (a) If the applicant has asserted that 101 rejection and should be set out as response to comments from the public, the claimed invention is useful for any a rejection distinct from any other Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Notices 36265 rejection under section 112, first consider and respond to each 1735 Jefferson Davis Highway, paragraph, not based on lack of utility substantive element of any response to Arlington, Virginia 22202–3461. for the claimed invention. a rejection based on lack of utility. Only FOR FURTHER INFORMATION CONTACT: To be considered appropriate by the where the totality of the record Beverly Milkman (703) 603–7740. Office, any rejection based on lack of continues to show that the asserted utility must include the following utility is not credible should a rejection SUPPLEMENTARY INFORMATION: On July elements: based on lack of utility be maintained. 22, 1994, April 28, May 12 and 19, 1995, (a) A prima facie showing that the If the applicant satisfactorily rebuts a the Committee for Purchase From claimed invention has no utility. prima facie rejection based on lack of People Who Are Blind or Severely A prima facie showing of no utility utility under section 101, withdraw the Disabled published notices (59 FR must establish that it is more likely than section 101 rejection and the 37466, 60 FR 20971, 25695 and 26876) not that a person skilled in the art corresponding rejection imposed under of proposed additions to the would not consider credible any section 112, first paragraph, per Procurement List. specific utility asserted by the applicant paragraph (3) above. After consideration of the material for the claimed invention. A prima facie Office personnel are reminded that presented to it concerning capability of showing must contain the following they must treat as true a statement of qualified nonprofit agencies to provide elements: fact made by an applicant in relation to the services, fair market price, and (i) A well-reasoned statement that an asserted utility, unless countervailing impact of the additions on the current clearly sets forth the reasoning used in evidence can be provided that shows or most recent contractors, the concluding that the asserted utility is that one of ordinary skill in the art Committee has determined that the not credible; would have a legitimate basis to doubt (ii) Support for factual findings relied services listed below are suitable for the credibility of such a statement. procurement by the Federal Government upon in reaching this conclusion; and Similarly, Office personnel must accept (iii) Support for any conclusions under 41 U.S.C. 46–48c and 41 CFR 51– an opinion from a qualified expert that 2.4. regarding evidence provided by the is based upon relevant facts whose applicant in support of an asserted I certify that the following action will accuracy is not being questioned; it is not have a significant impact on a utility. improper to disregard the opinion solely (b) Specific evidence that supports substantial number of small entities. because of a disagreement over the any fact-based assertions needed to The major factors considered for this significance or meaning of the facts establish the prima facie showing. certification were: offered. Whenever possible, Office personnel 1. The action will not result in any must provide documentary evidence III. Additional Information additional reporting, recordkeeping or (e.g., scientific or technical journals, The PTO has prepared an analysis of other compliance requirements for small excerpts from treatises or books, or U.S. the law governing the utility entities other than the small or foreign patents) as the form of requirement to support the guidelines organizations that will furnish the support used in establishing the factual outlined above. Copies of the legal services to the Government. basis of a prima facie showing of no analysis can be obtained from Jeff 2. The action does not appear to have utility according to items (a)(ii) and Kushan, who can be reached using the a severe economic impact on current (a)(iii) above. If documentary evidence information indicated above. contractors for the services. is not available, Office personnel shall note this fact and specifically explain Dated: July 3, 1995. 3. The action will result in the scientific basis for the factual Bruce A. Lehman, authorizing small entities to furnish the conclusions relied on in sections (a)(ii) Assistant Secretary of Commerce and services to the Government. and (a)(iii). Commissioner of Patents and Trademarks. 4. There are no known regulatory 4. A rejection based on lack of utility [FR Doc. 95–17304 Filed 7–13–95; 8:45 am] alternatives which would accomplish should not be maintained if an asserted BILLING CODE 3510±16±M the objectives of the Javits-Wagner- utility for he claimed invention would O’Day Act (41 U.S.C. 46–48c) in be considered credible by a person of connection with the services proposed ordinary skill in the art in view of all COMMITTEE FOR PURCHASE FROM for addition to the Procurement List. evidence of record. PEOPLE WHO ARE BLIND OR Accordingly, the following services Once a prima facie showing of no SEVERELY DISABLED are hereby added to the Procurement utility has been properly established, List: the applicant bears the burden of Procurement List; Additions rebutting it. The applicant can do this Administrative Services for the following by amending the claims, by providing AGENCY: Committee for Purchase From locations: Fleet and Industrial Supply Center, San reasoning or arguments, or by providing People Who Are Blind or Severely Disabled. Diego, California evidence in the form of a declaration Fleet and Industrial Supply Center, Long under 37 CFR 1.132 or a printed ACTION: Additions to the Procurement Beach, California publication, that rebuts the basis or List. Janitorial/Custodial for the following logic of the prima facie showing. If the locations: applicant responds to the prima facie SUMMARY: This action adds to the Federal Building, 525 Water Street, Port rejection, Office personnel shall review Procurement List services to be Huron, MI the original disclosure, any evidence furnished by nonprofit agencies Social Security Administration Building, relied upon in establishing the prima employing persons who are blind or 142 Auburn Street, Pontiac, MI have other severe disabilities. Janitorial/Custodial, Carl Albert Federal facie showing, any claim amendments Building and U.S. Courthouse, 301 E. EFFECTIVE DATE: August 14, 1995. and any new reasoning or evidence Carl Albert Parkway, McAlester, provided by the applicant in support of ADDRESSES: Committee for Purchase Oklahoma an asserted utility. It is essential for From People Who Are Blind or Severely Janitorial/Custodial, IRS Service Center Office personnel to recognize, fully Disabled, Crystal Square 3, Suite 403, Complex, Memphis, Tennessee 36266 Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Notices Parts Sorting, Defense Reutilization and 3. The action will result in DEPARTMENT OF DEFENSE Marketing Office, Barstow, California authorizing small entities to furnish the Parts Sorting, Defense Reutilization and commodities and services to the Department of the Air Force Marketing Office, Robins Air Force Base, Government. Georgia Notice of Availability of a Finding of No This action does not affect current 4. There are no known regulatory Significant Impact (FONSI) for the contracts awarded prior to the effective alternatives which would accomplish Construction of an 18-hole Golf Course date of this addition or options the objectives of the Javits-Wagner- at Andrews Air Force Base, Maryland exercised under those contracts. O’Day Act (41 U.S.C. 46–48c) in connection with the commodities and The U.S. Air Force (USAF) is Beverly L. Milkman, proposing the construction of an 18-hole Executive Director. services proposed for addition to the Procurement List. golf course in accordance with the [FR Doc. 95–17315 Filed 7–13–95; 8:45 am] National Environmental Policy Act BILLING CODE 6820±33±P Comments on this certification are (NEPA) the Council on Environmental invited. Commenters should identify the Quality regulations implementing statement(s) underlying the certification NEPA, the Department of Defense Procurement List; Proposed Additions on which they are providing additional Directive (DOD) 6050.1, and Air Force AGENCY: Committee for Purchase From information. Instruction 32–7061. These directives People Who Are Blind or Severely The following commodities and require the USAF to consider Disabled. services have been proposed for environmental consequences when ACTION: Proposed Additions to addition to Procurement List for authorizing or approving federal Procurement List. production by the nonprofit agencies actions. listed: The USAF has prepared an SUMMARY: The Committee has received Environmental Assessment (EA) proposals to add to the Procurement List Commodities analyzing the potential environmental commodities and services to be Trap, Animal consequences of the proposed golf furnished by nonprofit agencies course construction. 3740–00–531–3905 employing persons who are blind or On the basis of the EA, we conclude have other severe disabilities. NPA: ACT Corporation, Daytona Beach, the implementation of the proposed COMMENTS MUST BE RECEIVED ON OR Florida action will not have a significant effect BEFORE: August 14, 1995. Lancet, Finger Bleeding on the quality of the environment at ADDRESSES: Committee for Purchase Andrews Air Force Base and, as a result, Special Item #B–11 From People Who Are Blind or Severely an Environmental Impact Statement is Disabled, Crystal Square 3, Suite 403, NPA: Lincoln Training Center and not warranted. 1735 Jefferson Davis Highway, Rehabilitation Workshop, South El Comments on this FONSI must be Arlington, Virginia 22202–3461. Monte, California received on or before 16 Aug 95 and FOR FURTHER INFORMATION CONTACT: Services may be addressed to Lt Col Michael Newberry, 89 CES/CEV, 3465 North Beverly Milkman (703) 603–7740. Janitorial/Custodial, Defense Logistics SUPPLEMENTARY INFORMATION: This Agency, Defense Fuel Region West, Carolina St, Andrews AFB, MD, 20331– notice is published pursuant to 41 Building 100, San Pedro, California 4803, Telephone (301) 981–2579. Documents are available for public U.S.C. 47(a) (2) and 41 CFR 51–2.3. Its NPA: Social Vocational Services, Inc., purpose is to provide interested persons Torrance, California review at Oxon Hill Public Library, 6200 an opportunity to submit comments on Oxon Hill Rd, Oxon Hill, MD, Janitorial/Custodial, Pentagon Building, Telephone (301) 839–2400. the possible impact of the proposed (First Floor, All Stairs and Stairwells, actions. Elevators, Escalators, Defense Protective Patsy J. Conner, If the Committee approves the Service Structures and Corps of Air Force Federal Register Liaison Officer. proposed additions, all entities of the Engineers Modular Buildings), [FR Doc. 95–17286 Filed 7–13–95; 8:45 am] Federal Government (except as Washington, DC BILLING CODE 3910±01±P otherwise indicated) will be required to NPA: Didlake, Inc., Manassas, Virginia procure the commodities and services Janitorial/Custodial, Basewide, McGuire Air listed below from nonprofit agencies Force Base, New Jersey Department of the Army employing persons who are blind or NPA: Occupational Training Center of have other severe disabilities. Burlington County, Mt. Holly, New Army Science Board, Notice of Closed I certify that the following action will Jersey Meeting not have a significant impact on a Laundry Service, Medical Center, Wright- In accordance with Section 10(a)(2) of substantial number of small entities. Patterson Air Force Base, Ohio the Federal Advisory Committee Act The major factors considered for this (P.L. 92–463), announcement is made of certification were: NPA: Greene, Inc., Xenia, Ohio the following Committee Meeting: 1. The action will not result in any Mailroom Operation, Internal Revenue additional reporting, recordkeeping or Service, 55 Market Street, San Jose, Name of Committee: Army Science Board other compliance requirements for small California (ASB). Date of Meeting: 19 July 1995. entities other than the small NPA: VTF Services, Palo Alto, California organizations that will furnish the Time of Meeting: 0800–1700. Beverly L. Milkman, Place: Pentagon—Washington, DC. commodities and services to the Agenda: The Army Science Board’s Ad Government. Executive Director. Hoc Study on ‘‘ASB Space and Missile 2. The action does not appear to have Defense Organization’’ will have its 7th a severe economic impact on current [FR Doc. 95–17314 Filed 7–13–95; 8:45 am] meeting at the Pentagon. This meeting will be contractors for the commodities and closed to the public in accordance with services. BILLING CODE 6820±33±P Section 552b(c) of Title 5, U.S.C., specifically Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Notices 36267 subparagraph (1) thereof, and Title 5, U.S.C., Recommendation 94–3, Rocky Flats Seismic those of the Hoppmann Corporation, for Appendix 2, subsection 10(d). The classified and Systems Safety. The enclosed plan designing, constructing, and operating and unclassified matters to be discussed are utilizes the approach identified in a letter to the production prototype unit. The so inextricably intertwined so as to preclude you dated April 12, 1995, from the Assistant proposed project is not eligible for opening any portion of these meetings. For Secretary for Environmental Management. further information, please contact Michelle This approach was developed in close financial assistance under a recent, Diaz at (703) 695–0781 coordination with your staff. At the current, or planned solicitation because Karen Blystone, completion of the planned review of seismic the funding program, the Energy-Related safety and storage options, we will inform Inventions Program (ERIP), has been Acting Administrative Officer, Army Science you of the decision regarding interim storage Board. structured since its beginning in 1975 to of the plutonium at Rocky Flats. operate without competitive [FR Doc. 95–17334 Filed 7–13–95; 8:45 am] This document is unclassified and suitable solicitations because the authorizing for placement in the public reading room. BILLING CODE 3710±08±M legislation directs ERIP to provide Sincerely, support for worthy ideas submitted by Hazel R. O’Leary. the public. The program has never DEPARTMENT OF ENERGY Enclosure issued and has no plans to issue a [FR Doc. 95–17354 Filed 7–13–95; 8:45 am] DOE Implementation Plan for competitive solicitation. This award Recommendation 94±3 of the Defense BILLING CODE 6450±01±P will be made 14 calendar days after Nuclear Facilities Safety Board, Rocky publication to allow for public comment. Flats Seismic and Systems Safety Financial Assistance Award: Ecomat, FOR FURTHER INFORMATION CONTACT: Inc. AGENCY: Department of Energy. Please write the U.S. Department of ACTION: Notice. AGENCY: Department of Energy. Energy, Office of Placement and ACTION: Administration, ATTN: Rose Mason, SUMMARY: The Defense Nuclear Notice of intent. HR–531.21, 1000 Independence Avenue Facilities Safety Board published SUMMARY: The U.S. Department of SW., Washington, DC 20585. Recommendation 94–3, concerning Energy announces that pursuant to 10 The anticipated term of the proposed Rocky Flats Seismic and Systems Safety CFR 600.6(a)(2) it is making a financial in the Federal Register on October 4, grant is 18 months from the date of the assistance award under Grant Number award. 1994 (59 FR 50581). Section 315(e) of DE–FG01–95EE15631 to Ecomat, Inc. Lynn Warner, the Atomic Energy Act of 1954, as The proposed grant will provide amended, 42 U.S.C. 2286d(e) requires funding in the estimated amount of Contracting Officer, Office of Placement and Administration. the Department of Energy to transmit an $98,900 by the Department of Energy for implementation plan to the Defense the purpose of saving energy through [FR Doc. 95–17357 Filed 7–13–95; 8:45 am] Nuclear Facilities Safety Board after development of the inventor’s ‘‘Foamed BILLING CODE 6450±01±P acceptance of the Recommendation by Recyclables.’’ the Secretary. The Department’s SUPPLEMENTARY INFORMATION: The implementation plan was sent to the Notice of Prototype Spent Nuclear Fuel Department of Energy has determined in Dry Transfer System Project Safety Board on June 30, 1995, and is accordance with 10 CFR 600.14(e)(1) available for review in the Department that the unsolicited application for AGENCY: Office of Civilian Radioactive of Energy Public Reading Rooms. financial assistance submitted by Waste Management, DOE. DATES: Comments, data, views, or Ecomat, Inc., is meritorious based on the ACTION: Notice to interested sources. arguments concerning the general evaluation required by 10 CFR Implementation Plan are due on or 600.14(d) and that the proposed project before August 14, 1995. SUMMARY: The U.S. Department of represents a unique idea that would not Energy is currently engaged in a ADDRESSES: Send comments, data, be eligible for financial assistance under cooperative agreement with the Electric views, or arguments concerning the a recent, current or planned solicitation. Power Research Institute (EPRI) to implementation plan to: Department of The new technology is a process to design a spent nuclear fuel dry transfer Energy, 1000 Independence Avenue develop environmentally safe synthetic system. The design for this system is SW., Washington, DC 20585. building materials, such as siding, slate, being developed by Transnuclear, Inc. FOR FURTHER INFORMATION CONTACT: and lumber, composed of dual polymers under a subcontract from EPRI. The RADM Richard Guimond, Principal and industrial waste filler. The use of system will enable the transfer of Deputy Assistant Secretary for fly ash or red mud fillers halves the individual spent nuclear fuel assemblies Environmental Management, amount of needed polymers, which are from a conventional top loading transfer Department of Energy, 1000 petroleum-based, energy intensive cask to a multi-purpose canister (MPC) Independence Avenue SW., materials. Moreover, the invention’s in a shielded overpack, or accommodate Washington, DC 20585. light weight will lower transportation spent nuclear fuel transfers between two Issued in Washington, D.C., on July 6, fuel expenditures compared to conventional casks. DOE is inviting 1995. conventional building materials, and letters of interest from potential sources Mark B. Whitaker, reduce buttressing requirements of to fabricate, demonstrate and/or license Departmental Representative to the Defense houses, leading to lower overall this system. building costs. The inventor and Nuclear Facilities Safety Board. DATES: Letters of interest must be June 30, 1995. principal investigator, John N. Mushovic, Ph.D., is the executive vice- received no later than August 30, 1995. The Honorable John T. Conway, ADDRESSES: Chairman, Defense Nuclear Facilities Safety president of Ecomat, Inc. He holds six Letters of interest should be Board, 625 Indiana Avenue NW., Suite patents and has over 25 years sent to the U.S. Department of Energy, 700, Washington, DC 20004 experience in commercializing plastics Attn: Michelle Miskinis, HR–561.21, Dear Mr. Chairman: This letter provides technologies. Ecomat, Inc., will utilize 1615 M Street NW., Washington, DC the Department’s Implementation Plan for its engineering facilities, as well as 20036. 36268 Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Notices FOR FURTHER INFORMATION CONTACT: shielding during spent nuclear fuel Confinement Area. When the spent fuel Michelle Miskinis, (202) 634–4413. transfer operations. Appropriate transfer tube is aligned with the SUPPLEMENTARY INFORMATION: A dry operations and support systems are receiving cask, the device opens and transfer system has several significant included. Key operational systems, e.g., any accumulated crud falls into the applications and could benefit the the spent fuel handling and transfer receiving cask, e.g., the MPC. There will Federal waste management system and subsystems, are being designed by SGN be two monitoring systems in the utilities in a number of ways. It has the (Societe Generale pour les Techniques facility to ensure proper grappling of the potential to: Nouvelles) under a subcontract with fuel: (1) A video monitor and (2) a series (1) Allow recovery operations at Transnuclear, Inc. and incorporate of switches, to assure that the operator shutdown reactor sites with technology and experiences from knows the position of the fuel at all independent spent nuclear fuel storage French dry spent fuel transfer times. The fuel handling machine can installations. operations at La Hague. Spent fuel be operated manually from the facility (2) Provide a means for utilities that handling experiences at Federal and catwalks for off-normal recovery. can presently handle only a truck cask commercial facilities in the United A unique feature of the dry transfer States also have been factored into the to utilize a rail cask. system is that all major components are design. (3) Permit the deployment of the transportable, except the concrete cell. The base dimensions of the facility larger capacity 125 ton MPC at reactor The spent fuel handling equipment, for sites that would otherwise be limited to will be approximately 40×60 feet with a height of approximately 45–50 feet. It example, as well as the floors and roof the 75 ton MPC. are designed to be lowered-in and (4) Allow transfers of spent nuclear consists of a Preparation Area, a Lower raised-out through the top of the cell. fuel from existing utility on-site storage Access Area and a Transfer This feature is economically attractive casks/canisters into MPCs without Confinement Area. The Preparation because it enables the same dry transfer returning to the reactor storage pool. Area is a sheet metal building where (5) Support existing or future casks are prepared for unloading, system equipment to be used at different Department of Energy and Office of loading or shipment. The Lower Access locations. Civilian Radioactive Waste Management Area and Transfer Confinement Area are Letters of Interest spent nuclear fuel management the first and second floor, respectively, activities. of a concrete cell which has walls Sources may indicate an interest in The Draft Project Design Report for approximately 3 feet thick. The sheet one or all phases of the project, i.e., the dry transfer system is expected to be metal building abuts the concrete cell prototype fabrication, demonstration completed by August 1, 1995. It will which allows casks to be moved into the and site specific licensing. contain cost estimates for an operational Lower Access Area from the Cask Sources interested in being system. The Topical Safety Analysis Preparation Area. A large shield door considered for participation in this Report will be submitted to the Nuclear separates the Preparation Area from the effort should forward a letter of interest Regulatory Commission in early 1996. Lower Access Area. The Lower Access referencing this Federal Register notice Upon approval, the topical report is Area and the Transfer Confinement Area to the address shown above. Letters of expected to be referenced in subsequent are separated by a floor containing two interest must include the following site specific licensing applications for portals in which the casks are aligned. information pertaining to the offeror’s use of the dry transfer system in at- The fuel handling machine is located in ability to perform: (1) Previous reactor applications and independent the Transfer Confinement Area and experience in the fabrication, spent fuel storage installations. moves fuel assemblies from one cask to construction or licensing of equipment The DOE desires that a Nuclear the other. On the roof of the Transfer and facilities in accordance with ASME Regulatory Commission approved dry Confinement Area is a crane dedicated NQA–1 or Nuclear Regulatory transfer system be available by 1998 to to handling cask shield plugs and lids. Commission requirements, and support potential program needs. The crane can be operated manually for experience in the management of spent Therefore, we are requesting electric off-normal recovery. The heating, nuclear fuel, (2) relevant professional utility companies and other private and ventilation and air conditioning (HVAC) qualifications and specific experience of public entities to provide us with systems are balanced to ensure airflow any key personnel who may be assigned information regarding their interest in from the Preparation Area to the project, (3) availability and participating with the DOE in a (uncontaminated) to the Lower Access description of special facilities that may cooperative project for prototype Area, to the Transfer Confinement Area be required in the fabrication or (potentially contaminated). The control fabrication and demonstration of a dry demonstration of the system, and (4) room and HVAC systems are separate transfer system that is based on the any additional pertinent information from the facility and are envisioned to DOE/EPRI design. Because site specific concerning the offeror’s qualifications to be portable, i.e., housed in a trailer or use of the system will require approval perform the work. Letters of interest van. The transfer operations are by the Nuclear Regulatory Commission, should not be submitted by companies performed remotely, however, the licensing phase of the project may which do not possess the capabilities maintenance on the facility equipment be pursued independent of prototype required for the appropriate project fabrication and demonstration activities. is manual. The fuel handling machine includes a phase or phases. Letters of interest This project is contingent upon the should not exceed 10 pages. availability of appropriated funds. single fail safe crane and a transfer tube A summary description of the dry that contains the spent nuclear fuel Additional information may be transfer system is provided below. assembly during the transfer operations. requested by the Department of Energy At the bottom of the transfer tube is a following receipt of any letter of Description of DOE/EPRI Dry Transfer ‘‘crud catcher’’ which closes when the interest. This notice should not be System spent fuel assembly is in the transfer construed as a commitment by the The DOE/EPRI designed dry transfer tube. The device catches crud during Department of Energy to enter into any system consists of a facility to perform transfer and prevents the spreading of agreement, nor is it a Request for cask preparatory activities and provide contamination in the Transfer Proposal. Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Notices 36269 Issued in Washington, DC on July 7, 1995. The program has never issued and has patents and one patent-pending for the Lake Barrett, no plans to issue a competitive subject invention, and has written about Deputy Director, Office of Civilian solicitation. This award will be made 14 70 periodical publications. Northeastern Radioactive Waste Management. calendar days after publication to allow University will use its laboratory [FR Doc. 95–17360 Filed 7–13–95; 8:45 am] for public comment. facilities for prototype development, BILLING CODE 6450±01±P FOR FURTHER INFORMATION CONTACT: testing, and optimization. The proposed Please write the U.S. Department of project is not eligible for financial Energy, Office of Placement and assistance under a recent, current or Financial Assistance Award: Administration, ATTN: Rose Mason, planned solicitation because the Hydrodyne, Inc. HR–531.21, 1000 Independence funding program, the Energy Related Avenue, SW., Washington, DC 20585. Invention Program (ERIP), has been AGENCY: Department of Energy. The anticipated term of the proposed structured since its beginning in 1975 to ACTION: Notice of intent. grant is 24 months from the date of operate without competitive SUMMARY: The U.S. Department of award. solicitations because the authorizing Energy announces that pursuant to 10 Lynn Warner, legislation directs ERIP to provide CFR 600.6(a)(2) it is making a financial Contracting Officer, Office of Placement and support for worthy ideas submitted by assistance award under Grant Number Administration. the public. The program has never DE–FG01–95CE15646 to Hydrodyne, [FR Doc. 95–17359 Filed 7–13–95; 8:45 am] issued and has no plans to issue a Inc. The proposed grant will provide BILLING CODE 6450±01±P competitive solicitation. This award funding in the estimated amount of will be made 14 calendar days after $99,925 by the Department of Energy for publication to allow for public the purpose of saving energy through Financial Assistance Award: comment. development of the applicants’s Northeastern University FOR FURTHER INFORMATION CONTACT: Please write the U.S. Department of patented ‘‘Hydrodyne Process for AGENCY: Department of Energy. Tenderizing Meat.’’ Energy, Office of Placement and ACTION: Notice of intent. SUPPLEMENTARY INFORMATION: The Administration, ATTN: Rose Mason, Department of Energy has determined in SUMMARY: The U.S. Department of HR–531.21, 1000 Independence Avenue accordance with 10 CFR 600.14(e)(1) Energy announces that pursuant to 10 SW., Washington, DC 20585. that the unsolicited application for CFR 600.6(a)(2) it is making a financial The anticipated term of the proposed financial assistance submitted by assistance award under Grant Number grant is 24 months from the date of Hydrodyne, Inc. is meritorious based on DE–FG01–95EE15645 to Northeastern award. the general evaluation required by 10 University. The proposed grant will Lynn Warner, CFR 600.14(d) and the proposed project provide funding in the estimated Contracting Officer, Office of Placement and represents a unique idea that would not amount of $99,928 by the Department of Administration. be eligible for financial assistance under Energy for the purpose of saving energy [FR Doc. 95–17356 Filed 7–13–95; 8:45 am] a recent, current or planned solicitation. through development of the inventor’s BILLING CODE 6450±01±P The new technology is expected to ‘‘Hydro-Pneumatic Apparatus for eliminate the long process times, costs, Harnessing Ultra Low-Head and energy associated with the aging Hydropower.’’ Financial Assistance Award: Oxley Research, Inc. process that the meat processing SUPPLEMENTARY INFORMATION: The industry uses to tenderize meat. This Department of Energy has determined in AGENCY: Department of Energy. technology is also expected to save accordance with 10 CFR 600.14(e)(1) ACTION: Notice of intent. energy by reducing feedlot fattening of that the unsolicited application for cattle and reducing cooking time for financial assistance submitted by SUMMARY: The U.S. Department of certain cuts of beef. Mr. John B. Long, Northeastern University is meritorious Energy announces that pursuant to 10 the inventor and principal investigator, based on the general evaluation required CFR 600.6(a)(2) it is making a financial has been active in mechanical by 10 CFR 600.14(d) and the proposed assistance award under Grant Number engineering, nuclear and radioactive project represents a unique idea that DE–FG01–95CE15650 to Oxley chemistry, and metallurgy throughout would not be eligible for financial Research, Inc. The proposed grant will his career. Allied Engineering and assistance under a recent, current or provide funding in the estimated Production, Inc., will help design and planned solicitation. The new amount of $99,996 by the Department of fabricate the prototype equipment. The technology is expected to enable the Energy for the purpose of saving energy U.S. Agricultural Research Service multitude of low-head hydro sites and reducing chemical wastes through (ARS) will provide a site for the throughout the United States to produce development of the inventor’s equipment’s installation, testing, economically feasible renewable energy. ‘‘Electrolytic Regeneration of Acid explosive charge optimization, The inventor and principal investigator, Cupric Chloride Printed Circuit Board demonstration, and analyze meat tissues Dr. Alexander Gorlov, is the Director of Etchant.’’ for tenderness. The proposed project is the Hydro-Pneumatic Power Laboratory SUPPLEMENTARY INFORMATION: The not eligible for financial assistance at Northeastern University. His Department of Energy has determined in under a recent, current or planned professional experience includes design accordance with 10 CFR 600.14(e)(1) solicitation because the funding engineering and construction positions that the unsolicited application for program, the Energy-Related Invention related to large-scale projects in the financial assistance submitted by Oxley Program (ERIP), has been structured former Soviet Union with hydro power Research, Inc., is meritorious based on since its beginning in 1975 to operate plants, dams; railroad and highway the general evaluation required by 10 without competitive solicitations bridges; tunnels; and subway systems. CFR 600.14(d) and the proposed project because the authorizing legislation He also holds 10 U.S. patents in the represents a unique idea that would not directs ERIP to provide support for areas of power generation and be eligible for financial assistance under worthy ideas submitted by the public. mechanical systems, including two a recent, current or planned solicitation. 36270 Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Notices The new technology is expected to $96,976 by the Department of Energy for Advisory Committee meeting: eliminate the costs and energy the purpose of saving energy through Environmental Management Site associated with transporting and development of the inventor’s ‘‘Full- Specific Advisory Board (EM SSAB), disposal of wastes from circuit board Strength Flush-Joint Pipe Connection.’’ Idaho National Engineering Laboratory. etching processes, as well as recover SUPPLEMENTARY INFORMATION: The DATES: Tuesday, August 1, 1995 from market-grade copper. James Oxley Department of Energy has determined in 8:00 a.m. Mountain Standard Time obtained his B.S. and Ph.D. in Physical accordance with 10 CFR 600.14(e)(1) (MST) until 6:00 pm PST and Chemistry from Imperial College, that the unsolicited application for Wednesday, August 2, 1995 from 8:00 London University in 1961. Throughout financial assistance submitted by Mr. a.m. MST until 5:00 p.m. MST. There his industrial career he has been active John D. Watts is meritorious based on will be a public comment availability in applied electrochemistry, with the general evaluation required by 10 session Tuesday, August 1, 1995 from particular experience in the areas of CFR 600.14(d) and the proposed project 5:00 to 6:00 p.m. MST. advanced batteries, fuel cells, represents a unique idea that would not ADDRESSES: Shilo Inn, 780 Lindsay electrochemical capacitors, and be eligible for financial assistance under Blvd., Idaho Falls, ID 83402, (208) 523– electrolytic processing. Oxley Research, a recent, current or planned solicitation. 1818. Inc., will provide further process and The new technology reduces the casing FOR FURTHER INFORMATION CONTACT: materials validation and optimization to weight 27 percent and is expected Idaho National Engineering Laboratory support the design and construction of reduce the volume of dirt and mud from Information 1–800–708–2680 or Marsha an engineering prototype by using a pre- drilling operations by 52 percent. The Hardy, Jason Associates Corporation prototype electrolytic regenerator to inventor and principal investigator, Staff Support 1–208–522–1662. define the system operating conditions John Watts, has patented about 50 to develop initial components designs technologies and has created joining SUPPLEMENTARY INFORMATION: and system layout for construction of an configurations for high pressure Purpose of the Committee industrial-scale test regenerator. The applications, oil field drilling, and proposed project is not eligible for cryogenic lines from space vehicles and The Board will be developing a financial assistance under a recent, nuclear reactors. recommendation on the EM Integration current or planned solicitation because The proposed project is not eligible Strategy for the Idaho National the funding program, the Energy Related for financial assistance under a recent, Engineering Laboratory and on the CFA Invention Program (ERIP), has been current or planned solicitation because Landfill and SL–1/BORAX Burial sites. structured since its beginning in 1975 to the funding program, the Energy Related They will also be initiating their study operate without competitive Invention Program (ERIP), has been of the Comprehensive Facility and Land solicitations because the authorizing structured since its beginning in 1975 to Use Plan and hearing a presentation on legislation directs ERIP to provide operate without competitive the Federal Facilities Compliance Act support for worthy ideas submitted by solicitations because the authorizing (FFCA). the public. The program has never legislation directs ERIP to provide Tentative Agenda issued and has no plans to issue a support for worthy ideas submitted by competitive solicitation. This award the public. The program has never August 1, 1995 will be made 14 calendar days after issued and has no plans to issue a 7:30 a.m. Sign-in and Registration publication to allow for public competitive solicitation. This award 8:00 a.m. Miscellaneous Business: comment. will be made 14 calendar days after Old Business publication to allow for public • DDFO Report FOR FURTHER INFORMATION CONTACT: • Please write the U.S. Department of comment. Chair Report Energy, Office of Placement and FOR FURTHER INFORMATION CONTACT: Member Reports Administration, ATTN: Rose Mason, Please write the U.S. Department of Standing Committee Reports HR–531.21, 1000 Independence Avenue Energy, Office of Placement and SW., Washington, DC 20585. Administration, ATTN: Rose Mason, • Public Communications The anticipated term of the proposed • Budget HR–531.21, 1000 Independence Ave., • grant is 15 months from the date of S.W., Washington, D.C. 20585. Proposed Member Selection award. The anticipated term of the proposed 10:00 am Break 10:45 am FFCA Presentation grant is 24 months from the date of Lynn Warner, 12:00 noon Lunch Contracting Officer, Office of Placement and award. 1:00 pm EM Integration Strategy—INEL Administration. Lynn Warner, 3:00 pm Break [FR Doc. 95–17355 Filed 7–13–95; 8:45 am] Contracting Officer, Office of Placement and 3:15 pm EM Integration Strategy—INEL BILLING CODE 6450±01±P Administration. 5:00 p.m. Public Comment Availability [FR Doc. 95–17358 Filed 7–13–95; 8:45 am] 6:00 p.m. Adjourn BILLING CODE 6450±01±P Financial Assistance Award: John D. Wednesday, August 2, 1995 Watts 7:30 am Sign-In and Registration Environmental Management Site 8:00 am Miscellaneous Business AGENCY: Department of Energy. Specific Advisory Board, Idaho 8:30 am EM Integration Strategy ACTION: Notice of intent. National Engineering Laboratory 10:00 am Break 10:15 am Comprehensive Facility and SUMMARY: The U.S. Department of AGENCY: Department of Energy. Land Use Plan Energy announces that pursuant to 10 ACTION: Notice of open meeting. 12:00 noon Lunch CFR 600.6(a)(2) it is making a financial 1:00 pm Comprehensive Facility and assistance award under Grant Number SUMMARY: Pursuant to the provisions of Land Use Plan DE–FG01–95CE15608 to Mr. John D. the Federal Advisory Committee Act 2:30 pm Environmental Restoration: Watts. The proposed grant will provide (Public Law 92–463, 86 Stat. 770) notice CFA Landfill and SL1/BORAX funding in the estimated amount of is hereby given of the following Burial Sites Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Notices 36271 3:30 pm Break Advisory Committee meeting: Minutes 3:45 pm Transportation/Haz Mat Environmental Management Site The minutes of this meeting will be Outreach Program Development Specific Advisory Board (EM SSAB), available for public review and copying 4:30 pm Meeting Evaluation Nevada Test Site. at the Freedom of Information Public 5:00 p.m. Adjourn. DATES: Wednesday, August 2, 1995: 5:30 Reading Room, 1E–190, Forrestal A final agenda will be available at the p.m.–9:30 p.m. Building, 1000 Independence Avenue meeting. ADDRESSES: Community College of SW., Washington, DC 20585 between Public Comment Availability Southern Nevada, Cheyenne Campus, 9:00 a.m. and 4 p.m., Monday-Friday, The two-day meeting is open to the Highdesert Conference and Training except Federal holidays. public, with a Public Comment Center, Room 1422, Las Vegas, NV. Issued at Washington, DC on July 11, 1995. Availability session scheduled for FOR FURTHER INFORMATION CONTACT: Rachel M. Samuel, Tuesday, August 1, 1995 from 5:00 p.m. Kevin Rohrer, U.S. DOE, Nevada Acting Deputy Advisory Committee to 6:00 p.m. MST. The Board will be Operations Office, AMEM, P.O. Box Management Officer. available during this time period to hear 98518, Las Vegas, NV 89193–8518, ph. [FR Doc. 95–17362 Filed 7–13–95; 8:45 am] verbal public comments or to review 702–295–0197 fax 702–295–1810. BILLING CODE 6450±01±P any written public comments. If there SUPPLEMENTARY INFORMATION: are no members of the public wishing to comment or no written comments to Purpose of the Committee Environmental Management Site review, the board will continue with it’s The EM SSAB provides input and Specific Advisory Board, Pantex Plant recommendations to the Department of current discussion. Written statements AGENCY: Department of Energy. may be filed with the Committee either Energy on Environmental Management ACTION: Notice of open meeting. before or after the meeting. Individuals strategic decisions that impact future who wish to make oral statements use, risk management, economic SUMMARY: Pursuant to the provisions of pertaining to agenda items should development, and budget prioritization the Federal Advisory Committee Act contact the Idaho National Engineering activities. (Public Law 92–463, 86 Stat. 770) notice Laboratory Information line or Marsha Tentative Agenda is hereby given of the following Hardy, Jason Associates, at the Advisory Committee meeting: addresses or telephone numbers listed Wednesday, August 2, 1995 Environmental Management Site above. Requests must be received 5 days 5:30 p.m. Call to Order Specific Advisory Board (EM SSAB), prior to the meeting and reasonable Review Agenda Pantex Plant. provision will be made to include the Minutes Acceptance DATE AND TIME: Tuesday, July 25, 1995: presentation in the agenda. The Financial Report 1:30 pm—5:30 pm. Designated Federal Official is Correspondence ADDRESSES: Amarillo Association of empowered to conduct the meeting in a Reports from Committees, Delegates Realtors 5601 Enterprise Circle fashion that will facilitate the orderly and Representatives Amarillo, Texas. Unfinished Business conduct of business. Each individual FOR FURTHER INFORMATION CONTACT: Tom wishing to make public comment will New Business Evaluation of Board and Williams, Program Manager, be provided a maximum of 5 minutes to Department of Energy, Amarillo Area present their comments. Environmental Restoration and Waste Management Programs Office, P.O. Box 30030, Amarillo, TX Minutes Announcements 79120 (806)477–3121. The minutes of this meeting will be 10:00 p.m. Adjournment. SUPPLEMENTARY INFORMATION: If needed, time will be allotted after available for public review and copying Purpose of the Committee at the Freedom of Information Public public comments for old business, new Reading Room, 1E–190, Forrestal business, items added to the agenda, The Pantex Plant Citizens’ Advisory Building, 1000 Independence Avenue, and administrative details. A final Board provides input to the Department SW, Washington, DC 20585 between agenda will be available at the meeting of Energy on Environmental 9:00 a.m. and 4 p.m., Monday–Friday, Wednesday, August 2, 1995. Management strategic decisions that except Federal holidays. impact future use, risk management, Public Participation economic development, and budget Issued at Washington, DC on July 11, 1995. The meeting is open to the public. prioritization activities. Rachel M. Samuel, Written statements may be filed with Tentative Agenda Acting Deputy Advisory Committee the Committee either before or after the Management Officer. meeting. Individuals who wish to make 1:30 pm Welcome—Agenda Review— [FR Doc. 95–17363 Filed 7–13–95; 8:45 am] oral statements pertaining to agenda Introductions BILLING CODE 6450±01±P items should contact Kevin Rohrer’s 1:40 pm Co-Chairs’ Comments office at the address or telephone Report on Task Force Formation 2:00 pm Task Force Reports— number listed above. Requests must be Environmental Management Site Discussion received 5 days prior to the meeting and Public Participation/Public Specific Advisory Board, Nevada Test reasonable provision will be made to Site Information include the presentation in the agenda. Environmental Restoration AGENCY: Department of Energy. The Designated Federal Official is Sitewide Environmental Impact ACTION: Notice of open meeting. empowered to conduct the meeting in a Statements fashion that will facilitate the orderly Future of the Nuclear Complex SUMMARY: Pursuant to the provisions of conduct of business. Each individual Waste Management the Federal Advisory Committee Act wishing to make public comment will 3:00 pm Waste Management and Air (Public Law 92–463, 86 Stat. 770) notice be provided a maximum of 5 minutes to Emissions Control—Texas Dept. of is hereby given of the following present their comments. Health, Bureau of Radiation Control 36272 Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Notices 4:00 pm Updates Issued at Washington, DC on July 11, 1995. Affairs, Office of Management and Occurrence Reports—DOE Rachel M. Samuel, Budget, 726 Jackson Place N.W., Acting Deputy Advisory Committee Washington, D.C. 20503. (Comments Agreement in Principle—Roger Management Officer. should also be addressed to the Office Mulder, Office of the Governor [FR Doc. 95–17361 Filed 7–13–95; 8:45 am] of Statistical Standards at the address 4:30 pm Subcommittee Reports BILLING CODE 6450±01±P below.) • Budget and Finance FOR FURTHER INFORMATION CONTACT: • Policy and Personnel Requests for additional information or Energy Information Administration • copies of the forms and instructions Program and Training should be directed to Norma White, Agency Information Collections Under • Community Outreach Office of Statistical Standards, (EI–73), Review by the Office of Management Forrestal Building, U.S. Department of 5:30 pm Adjourn. and Budget Energy, Washington, D.C. 20585. Ms. Public comment will be taken AGENCY: Energy Information White may be telephoned at (202) 254– periodically throughout the meeting. Administration, Department of Energy. 5327. Public Participation ACTION: Notice of requests submitted for SUPPLEMENTARY INFORMATION: The first review by the Office of Management and energy information collection submitted The meeting is open to the public. Budget. to OMB for review was: Written statements may be filed with 1. Federal Energy Regulatory the Committee either before or after the SUMMARY: The Energy Information Commission meeting. Written comments will be Administration (EIA) has submitted the 2. FERC–521 accepted at the address above for 15 energy information collections listed at 3. 1902–0087 days after the date of the meeting. the end of this notice to the Office of 4. Payments for Benefits from Individuals who wish to make oral Management and Budget (OMB) for Headwater Improvements statements pertaining to agenda items review under provisions of the 5. Extension should contact Tom Williams’ office at Paperwork Reduction Act of 1995. The 6. Required to obtain or retain benefits the address or telephone number listed listing does not include collections of 7. Individuals or households; business above. Requests must be received 5 days information contained in new or revised or other for-profit; not-for-profit prior to the meeting and reasonable regulations which are to be submitted institutions; farms, Federal provision will be made to include the under section 3507 (d)(1)(A) of the Government; and State, Local or presentation in the agenda. The Paperwork Reduction Act, nor Tribal Government Designated Federal Official is management and procurement 8. 25 respondents empowered to conduct the meeting in a assistance requirements collected by the 9. 1 response fashion that will facilitate the orderly Department of Energy (DOE). 10. 33.6 hours per response conduct of business. Each individual Each entry contains the following 11. 840 hours wishing to make public comment will information: (1) The sponsor of the 12. This survey carries out the be provided a maximum of 5 minutes to collection (the DOE component or legislative requirements of the Federal present their comments. This notice is Federal Energy Regulatory Commission Power Act, Section 10(f) which being published less than 15 days before (FERC)); (2) Collection number(s); (3) directs the Commission to determine the date of the meeting, due to Current OMB docket number (if the benefits that have been received programmatic issues that had to be applicable); (4) Collection title; (5) Type by downstream parties from the resolved prior to publication. of request, e.g., new, revision, extension, operation or storage reservoir(s) or or reinstatement; (6) Response Minutes other headwater improvement(s), and obligation, i.e., mandatory, voluntary, or to assess the downstream The minutes of this meeting will be required to obtain or retain benefit; (7) beneficiaries for a part of the annual available for public review and copying Affected public; (8) An estimate of the charges for interest, maintenance and at the Pantex Public Reading Rooms number of respondents per report depreciation. located at the Amarillo College Lynn period; (9) An estimate of the number of The second energy information Library and Learning Center, 2201 responses per respondent annually; (10) collection submitted to OMB for review South Washington, Amarillo, TX phone An estimate of the average hours per was: (806)371–5400. Hours of operation are response; (11) The estimated total annual respondent burden; and (12) A 1. Fossil Energy from 7:45 am to 10:00 pm, Monday 2. FE–329R brief abstract describing the proposed through Thursday; 7:45 am to 5:00 pm 3. 1901–0297 collection and the respondents. on Friday; 8:30 am to 12:00 noon on 4. Powerplant and Industrial Fuel Use Saturday; and 2:00 pm to 6:00 pm on DATES: Comments must be filed on or Act of 1978; Final Rule Sunday, except for Federal holidays. before August 14, 1995. If you anticipate 5. Extension Additionally, there is a Public Reading that you will be submitting comments 6. Mandatory Room located at the Carson County but find it difficult to do so within the 7. Business or other for profit Public Library, 401 Main Street, time allowed by this notice, you should 8. 30 respondents Panhandle, TX phone (806)537–3742. advise the OMB DOE Desk Officer listed 9. 30 responses Hours of operation are from 9:00 am to below of your intention to do so as soon 10. 20 hours per response 7:00 pm on Monday; 9:00 am to 5:00 as possible. The Desk Officer may be 11. 600 hours pm, Tuesday through Friday; and closed telephoned at (202) 395–3084. (Also, 12. FE–329R Final Rule (1) incorporates Saturday and Sunday as well as Federal please notify the EIA contact listed Pub. L. 100–42 FUA amendments into Holidays. Minutes will also be available below.) regulations, (2) revises and updates by writing or calling Tom Williams at ADDRESSES: Address comments to the cost test fuel price and inflation the address or telephone number listed Department of Energy Desk Officer, indices, (3) clarifies how to claculate above. Office of Information and Regulatory fuel price when using natural gas, and Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Notices 36273 (4) revises and updates oil/gas savings Federal Energy Regulatory 5. Cleveland Public Power v. Centerior estimates for cogenerators. Commission Energy Corporation The third energy information [Docket No. TX95–6–000] collection submitted to OMB for review [Docket No. ER94±1381±001, et al.] Take notice that on June 30, 1995, was: Cleveland Public Power (CPP) tendered Southwest Regional Transmission for filing an application for an order 1. Nonproliferation and National Association, et al.; Electric Rate and Security directing Centerior Energy Corporation Corporate Regulation Filings (Centerior) to provide transmission 2. NN–417R July 7, 1995. services to CPP. CPP requests that the 3. 1901–0288 Commission order Centerior to file a Take notice that the following filings 4. Power System Emergency Reporting tariff or service agreement setting forth have been made with the Commission: Procedures the rates, terms and conditions for 5. Extension 1. Southwest Regional Transmission point-to-point transmission service, 6. Mandatory Association which CPP referred to as Transaction Delivery Service in its good faith request [Docket No. ER94–1381–001] 7. Business or other for profit to Centerior. 8. 40 respondents Take notice that on June 26, 1995, the Comment date: August 4, 1995, in 9. 1 response Southwest Regional Transmission accordance with Standard Paragraph E 10. 3.25 hours per response Association (SWRTA) tendered for filing at the end of this notice. on behalf of its members, and pursuant 11. 130 hours to Section 205 of the Federal Power Act Standard Paragraph 12. NN–417R will provide the DOE with and Part 35 of the Commission’s E. Any person desiring to be heard or information regarding the location of Regulations, the Bylaws of SWRTA. to protest said filing should file a where emergency electric power Comment date: July 21, 1995, in motion to intervene or protest with the supply situations exist on an accordance with Standard Paragraph E Federal Energy Regulatory Commission, electrical power system or on a at the end of this notice. 825 North Capitol Street, N.E., regional electric system. The data also Washington, D.C. 20426, in accordance provide DOE with a basis for 2. American Electric Power Service with Rules 211 and 214 of the determining the appropriate Federal Corporation Commission’s Rules of Practice and action to relieve an electrical energy [Docket No. ER95–713–000] Procedure (18 CFR 385.211 and 18 CFR supply emergency. Respondents are Take notice that on June 15, 1995, the 385.214). All such motions or protests electric utilities. American Electric Power Service should be filed on or before the The fourth energy information Corporation (AEPSC) amended its filing comment date. Protests will be collection submitted to OMB for review in the above-referenced docket to considered by the Commission in was: modify the method by which AEPSC determining the appropriate action to be taken, but will not serve to make 1. Federal Energy Regulatory will determine the cost of emission allowances. protestants parties to the proceeding. Commission Any person wishing to become a party A copy of the filing was served upon 2. FERC–550 must file a motion to intervene. Copies the parties affected by the amendment 3. 1902–0089 of this filing are on file with the and the affected state regulatory Commission and are available for public 4. Oil Pipeline Rates: Tariff Filings commissions. inspection. 5. Extension Comment date: July 21, 1995, in Lois D. Cashell, 6. Mandatory accordance with Standard Paragraph E Secretary. 7. Business or other for-profit at the end of this notice. [FR Doc. 95–17247 Filed 7–13–95; 8:45 am] 8. 150 respondents 3. Wisconsin Power & Light Company BILLING CODE 6717±01±P 9. 3.58 responses [Docket No. ER95–736–000] 10. 10.91 hours per response Take notice that on June 28, 1995, [Docket No. CP95±594±000, et al.] 11. 5,860 hours Wisconsin Power and Light Company 12. The data is collected to ensure that submitted an amended filing in the Northwest Pipeline Corporation, et al.; the Commission has timely rate/tariff above-referenced docket, as ordered by Natural Gas Certificate Filings information available to determine the Commission in Ordering Paragraph July 7, 1995. whether or not proposed oil pipeline (A) on Order dated June 2, 1995. Take notice that the following filings rates are just and reasonable and to Comment date: July 21, 1995, in have been made with the Commission: help ‘‘streamline’’ the ratemaking accordance with Standard Paragraph E process both for industry and the at the end of this notice. 1. Northwest Pipeline Corporation Commission staff. 4. Entergy Power, Inc. [Docket No. CP95–594–000] Statutory Authority: Section 3506 (c)(2)(A) Take notice that on June 30, 1995, of the Paperwork Reduction Act of 1995 [Docket No. ER95–1284–000] Northwest Pipeline Corporation (Pub. L. No. 104–13). Take notice that on June 28, 1995, (Northwest), 295 Chipeta Way, Salt Lake Issued in Washington, D.C., July 7, 1995. Entergy Power, Inc. tendered for filing a City, Utah 84108, filed in Docket No. John Gross, Purchase and Sale Agreement between CP95–594–000 a request pursuant to Acting Director, Office of Statistical InterCoast Power Marketing Company Sections 157.205, 157.211 and 157.216 Standards, Energy Information and Entergy Power, Inc. of the Commission’s Regulations under Administration. Comment date: July 21, 1995, in the Natural Gas Act (18 CFR 157.205, [FR Doc. 95–17364 Filed 7–13–95; 8:45 am] accordance with Standard Paragraph E 157.211 and 157.216) for authorization BILLING CODE 6450±01±P at the end of this notice. to replace obsolete facilities at the 36274 Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Notices Lynden Meter Station in Whatcom Commission and open for public Company under firm transportation County, Washington, under Northwest’s inspection. agreements. These agreements blanket certificate issued in Docket No. Northwest states that upgraded constitute Texas Eastern Rate Schedules CP82–433–000 pursuant to Section 7 of facilities are needed to better X–88, X–89, X–90, and X–91. the Natural Gas Act, all as more fully set accommodate its existing firm Comment date: July 28, 1995, in forth in the request that is on file with maximum daily delivery obligations at accordance with Standard Paragraph F the Commission and open to public this delivery point to The Washington at the end of this notice. inspection. Water Power Company (WWP). Northwest proposes to upgrade the Standard Paragraphs Northwest proposes to abandon a 3- Goldendale Meter Station by replacing F. Any person desiring to be heard or inch meter and a 2-inch meter and the existing obsolete 2-inch positive to make any protest with reference to appurtenances and to construct and displacement meter with two 2-inch said application should on or before the operate a single 3-inch turbine meter to turbine meters. The proposed facility comment date, file with the Federal replace those being abandoned. upgrade will increase the maximum Energy Regulatory Commission, Northwest states that the replacement is design delivery capacity of this station Washington, D.C. 20426, a motion to necessary because the meters, which from 1,033 Dth per day to intervene or a protest in accordance were installed in 1960, are obsolete and approximately 1,336 Dth per day at a with the requirements of the unable to accommodate Northwest’s delivery pressure of 150 psig. Northwest Commission’s Rules of Practice and existing delivery obligations to Cascade further states that the total cost of the Procedure (18 CFR 385.214 or 385.211) Natural Gas Corporation (Cascade) at project is estimated to be approximately and the Regulations under the Natural this location. It is asserted that $57,780. Since this expenditure is Gas Act (18 CFR 157.10). All protests Northwest has firm obligations to necessary to replace obsolete equipment filed with the Commission will be deliver up to 2,293 Dt equivalent of gas and to allow Northwest to accommodate considered by it in determining the per day to Cascade at this location. It is existing delivery obligations at the appropriate action to be taken but will explained that the replacement of Goldendale Meter Station, Northwest not serve to make the protestants parties facilities would permit an increase in will not require any cost reimbursement to the proceeding. Any person wishing the maximum daily design capacity from WWP. to become a party to a proceeding or to from 2,167 Dt equivalent to 3,000 Dt Northwest states that the total participate as a party in any hearing equivalent. Northwest states that the volumes to be delivered to the customer therein must file a motion to intervene deliveries made at the modified delivery after the request do not exceed the total in accordance with the Commission’s point would be within Cascade’s (or volumes authorized prior to the request. Rules. other shippers’) certificated entitlement Northwest holds a blanket Take further notice that, pursuant to from Northwest. It is further asserted transportation certificate pursuant to the authority contained in and subject to that there would be no loss of service Part 284 of the Commission’s the jurisdiction conferred upon the resulting from the proposed Regulations issued in Docket No. CP86– Federal Energy Regulatory Commission abandonment and that the proposed 3 578–000. Northwest states that by Sections 7 and 15 of the Natural Gas deliveries would have no impact on construction of the proposed delivery Act and the Commission’s Rules of Northwest’s system peak day or annual point is not prohibited by its existing Practice and Procedure, a hearing will deliveries. Northwest states that its tariff tariff and that it has sufficient capacity be held without further notice before the does not prohibit the proposed to deliver the requested gas volumes Commission or its designee on this replacement of facilities. The cost of the without detriment or disadvantage to application if no motion to intervene is abandonment and construction is it’s other customers. filed within the time required herein, if estimated at $40,942. Comment date: August 21, 1995, in the Commission on its own review of accordance with Standard Paragraph G Comment date: August 21, 1995, in the matter finds that a grant of the at the end of this notice. accordance with Standard Paragraph G certificate and/or permission and at the end of this notice. 3. Texas Eastern Transmission approval for the proposed abandonment 2. Northwest Pipeline Corporation Corporation are required by the public convenience [Docket No. CP95–598–000] and necessity. If a motion for leave to [Docket No. CP95–596–000] intervene is timely filed, or if the Take notice that on July 3, 1995, Commission on its own motion believes Take notice that on July 3, 1995, Texas Eastern Transmission Corporation that a formal hearing is required, further Northwest Pipeline Corporation (Texas Eastern), 5400 Westheimer Court, notice of such hearing will be duly (Northwest), P.O. Box 58900, Salt Lake P.O. Box 1642, Houston, Texas 77251– given. City, Utah 84158–0900, filed in Docket 1642, filed in Docket No. CP95–598–000 No. CP95–596–000 a request pursuant to an application pursuant to Section 7(b) Under the procedure herein provided Sections 157.205, 157.216 and 157.211 of the Natural Gas Act for permission for, unless otherwise advised, it will be of the Commission’s Regulations under and approval to abandon firm unnecessary for applicant to appear or the Natural Gas Act for authorization to transportation service that Texas Eastern be represented at the hearing. abandon certain obsolete facilities at the renders for Amoco Production Company G. Any person or the Commission’s Goldendale Meter Station in Klickitat which was authorized in Docket No. staff may, within 45 days after issuance County, Washington 1 and to construct CP78–189–000, all as more fully set of the instant notice by the Commission, and operate replacement facilities at this forth in the application on file with the file pursuant to Rule 214 of the station, under its blanket certificate Commission and open to public Commission’s Procedural Rules (18 CFR issued in Docket No. CP82–433–000,2 inspection. 385.214) a motion to intervene or notice all as more fully set forth in the request Texas Eastern proposes to abandon of intervention and pursuant to Section for authorization on file with the firm transportation service Texas 157.205 of the Regulations under the Eastern renders for Amoco Production Natural Gas Act (18 CFR 157.205) a 1 See, Docket No. G–17769 (21 FPC 626). protest to the request. If no protest is 2 See, 20 FERC ¶ 62,412 (1982). 3 See, 42 FERC ¶ 61,019 (1988). filed within the time allowed therefor, Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Notices 36275 the proposed activity shall be deemed to Original Volume 1 (‘‘Power Sales [Docket No. GT95±40±001] be authorized effective the day after the Tariff’’) accepted by the Commission in time allowed for filing a protest. If a Docket No. ER94–1662. CHG&E also has Koch Gateway Pipeline Company; protest is filed and not withdrawn requested waiver of the Commission’s Notice of Filing within 30 days after the time allowed notice requirements. July 10, 1995. for filing a protest, the instant request A copy of this filing has been served shall be treated as an application for on the Public Service Commission of the Take notice that on July 6, 1995, Koch authorization pursuant to Section 7 of State of New York. Gateway Pipeline Company (Koch the Natural Gas Act. Any person desiring to be heard or to Gateway) tendered for filing as part of Lois D. Cashell, protest said filing should file a motion its FERC Gas Tariff, Fifth Revised Secretary. to intervene or protest with the Federal Volume No. 1, the following tariff sheets [FR Doc. 95–17248 Filed 7–13–95; 8:45 am] Energy Regulatory Commission, 825 to be effective June 24, 1995. BILLING CODE 6717±01±P North Capitol Street, N.E., Washington, Substitute Second Sheet Revised No. D.C. 20426, in accordance with Rules 5302 211 and 214 of the Commission’s Rules [Docket No. RP89±161±033] Koch Gateway states that although the of Practice and Procedure (18 CFR tariff sheets filed in this proceeding 385.211 and 18 CFR 385.214). All such ANR Pipeline Co.; Notice of Refund were accepted to be effective June 24, motions or protests should be filed on Report 1995 in the June 14, 1995, Office of or before July 24, 1995. Protests will be Pipeline Regulation Letter Order, Koch July 10, 1995. considered by the Commission in Gateway is submitting the above- Take notice that on April 28, 1995, determining the appropriate action to be mentioned tariff sheets to revise its ANR Pipeline Company (ANR) tendered taken, but will not serve to make Index of Purchasers. Koch Gateway for filing with the Federal Energy protestants parties to the proceeding. states that one of its Customers is listed Regulatory Commission (Commission) a Any person wishing to become a party three times in the Index of Purchasers, report summarizing refunds disbursed must file a motion to intervene. Copies but should only have been listed twice. on March 29, 1995. These refunds of this filing are on file with the Koch Gateway is revising Tariff Sheet represent an overcollection on its Gas Commission and are available for public No. 5302 to make the appropriate Inventory Charge of $45,131,941, plus inspection. deletion. $4,433,988 in interest. The Commission Lois D. Cashell, previously approved the principle Secretary. Koch Gateway states that the tariff sheet is being mailed to all parties on amount and its allocation among [FR Doc. 95–17259 Filed 7–13–95; 8:45 am] the official service list in this customers. ANR Pipeline Company, 70 BILLING CODE 6717±01±M FERC ¶ 61,236 (1995). proceeding. Any person desiring to protest said Any person desiring to protest said filing should file a protest with the [Docket No. ER95±625±001] filing should file a protest with the Federal Energy Regulatory Commission, Federal Energy Regulatory Commission, 825 North Capitol Street, N.E., Cincinnati Gas and Electric Company; 825 North Capitol Street, NE., Washington, D.C. 20426, in accordance Notice of Filing Washington, DC 20426, in accordance with Rule 211 of the Commission’s with Section 385.211 of the July 10, 1995. Rules of Practice and Procedure (18 CFR Commission’s regulations. All such 385.211). All such protests should be Take notice that on May 26, 1995, protests should be filed on or before July filed on or before July 17, 1995. Protests Cincinnati Gas and Electric Company 17, 1995. Protests will be considered by will be considered by the Commission tendered for filing revised tariff sheets the Commission in determining in determining the appropriate action to in the above-referenced docket. appropriate action to be taken, but will be taken, but will not serve to make Any person desiring to be heard or to not serve to make protestants parties to protestants parties to the proceeding. protest said filing should file a motion the proceedings. Copies of this filing are Copies of this filing are on file with the to intervene or protest with the Federal on file with the Commission and are Commission and are available for public Energy Regulatory Commission, 825 available for public inspection. inspection. North Capitol Street NE., Washington, Lois D. Cashell, DC 20426, in accordance with Rules 211 Lois D. Cashell, Secretary. and 214 of the Commission’s Rules of Practice and Procedure (18 CFR 385.211 Secretary. [FR Doc. 95–17255 Filed 7–13–95; 8:45 am] and 18 CFR 385.214). All such motions BILLING CODE 6717±01±M [FR Doc. 95–17257 Filed 7–13–95; 8:45 am] or protests should be filed on or before July 18, 1995. Protests will be BILLING CODE 6717±01±M [Docket No. ER95±1279±000] considered by the Commission in determining the appropriate action to be Central Hudson Gas and Electric taken, but will not serve to make [Docket No. ER95±1280±000] Corporation; Notice of Filing protestants parties to the proceeding. July 10, 1995. Any person wishing to become a party Niagara Mohawk Power Corp.; Notice Take notice that Central Hudson Gas must file a motion to intervene. Copies of Filing of this filing are on file with the and Electric Corporation (CHG&E), on July 10, 1995. June 28, 1995, tendered for filing a Commission and are available for public Service Agreement between CHG&E and inspection. Take notice that Niagara Mohawk Engelhard Power Marketing, Inc. The Lois D. Cashell, Power Corporation (Niagara Mohawk) terms and conditions of services under Secretary. on June 28, 1995, tendered for filing an this Agreement are made pursuant to [FR Doc. 95–17262 Filed 7–13–95; 8:45 am] agreement between Niagara Mohawk CHG&E’s FERC Electric Rate Schedule, BILLING CODE 6717±01±M and CMEX Energy Inc. (CMEX) dated 36276 Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Notices June 19, 1995 providing for certain Copies of this filing are on file and Any person desiring to be heard or to transmission services to CMEX. available for public inspection. protest said filing should file a motion Copies of this filing were served upon Lois D. Cashell, to intervene or protest with the Federal CMEX and the New York State Public Secretary. Energy Regulatory Commission, 825 Service Commission. [FR Doc. 95–17252 Filed 7–13–95; 8:45 am] North Capitol Street NE., Washington, BILLING CODE 6717±01±M DC 20426, in accordance with Rules 211 Any person desiring to be heard or to and 214 of the Commission’s Rules of protest said filing should file a motion Practice and Procedure (18 CFR 385.211 to intervene or protest with the Federal [Docket No. ER95±1275±000] and 18 CFR 385.214). All such motions Energy Regulatory Commission, 825 or protests should be filed on or before Portland General Electric Company; North Capitol Street NE., Washington, July 24, 1995. Protests will be Notice of Filing DC 20426, in accordance with Rules 211 considered by the Commission in and 214 of the Commission’s Rules of July 10, 1995. determining the appropriate action to be Practice and Procedure (18 CFR 385.211 Take notice that on June 27, 1995, taken, but will not serve to make and 18 CFR 385.214). All such motions Portland General Electric Company protestants parties to the proceeding. or protests should be filed on or before (PGE), tendered for filing a Scheduling Any person wishing to become a party July 24, 1995. Protests will be Services Agreement with Coastal must file a motion to intervene. Copies considered by the Commission in Electric Services Company. of this filing are on file with the determining the appropriate action to be Any person desiring to be heard or to Commission and are available for public taken, but will not serve to make protest said filing should file a motion inspection. protestants parties to the proceeding. to intervene or protest with the Federal Lois D. Cashell, Any person wishing to become a party Energy Regulatory Commission, 825 Secretary. must file a motion to intervene. Copies North Capitol Street NE., Washington, [FR Doc. 95–17260 Filed 7–13–95; 8:45 am] of this filing are on file with the DC 20426, in accordance with Rules 211 BILLING CODE 6717±01±M Commission and are available for public and 214 of the Commission’s Rules of inspection. Practice and Procedures (18 CFR 385.211 and 18 CFR 385.214). All such [Docket No. GT95±46±000] Lois D. Cashell, motions or protests should be filed on Questar Pipeline Co.; Notice of Tariff Secretary. or before July 21, 1995. Protests will be Filing [FR Doc. 95–17258 Filed 7–13–95; 8:45 am] considered by the Commission in BILLING CODE 6717±01±M determining the appropriate action to be July 10, 1995. taken, but will not serve to make Take notice that on July 6, 1995, protestants parties to the proceeding. Questar Pipeline Company, tendered for [Docket No. RP95±294±001] Any person wishing to become a party filing to become part of its FERC Gas must file a motion to intervene. Copies Tariff, First Revised Volume No. 1, Northern Border Pipeline Company; of this filing are on file with the Third Revised Sheet No. 8 and Second Notice of Tariff Filing Commission and are available for public Revised Sheet No. 8C, to be effective inspection. July 1, 1995. July 10, 1995. Lois D. Cashell, Questar states that this filing updates Take notice that on July 6, 1995, Secretary. its Index of Shippers by (1) reflecting Northern Border Pipeline Company [FR Doc. 95–17261 Filed 7–13–95; 8:45 am] information regarding firm (Northern Border) tendered for filing to BILLING CODE 6717±01±M transportation service agreements that become part of its FERC Gas Tariff, First were executed subsequent to Questar’s February 17, 1995, filing in Docket No. Revised Volume No. 1, Substitute First [Docket No. ER95±1277±000] Revised Sheet Number 277. GT95–23–000 and (2) correcting certain information applicable to Questar’s Northern Border states that the filing Puget Sound Power & Light Company; Notice of Filing storage customers. is in compliance with the Commission’s Questar states further that a copy of order, issued June 28, 1995, in the July 10, 1995. this filing has been served upon its above-referenced docket. Northern Take notice that on June 28, 1995, jurisdictional customers as well as the Border further states that the June 28 Puget Sound Power & Light Company Utah and Wyoming public service Order required Northern Border to (Puget) tendered for filing as an initial commissions. revise its tariff language to conform with rate schedule a Transmission Agreement Any person desiring to be heard or to Order 577–A. and a Construction Agreement (together, protest said filing should file a motion Any person desiring to protest said the ‘‘Agreements’’) between Puget and to intervene or protest with the Federal filing should file a protest with the The City of Seattle acting by and Energy Regulatory Commission, 825 North Capitol Street, N.E., Washington, Federal Energy Regulatory Commission, through its City Light Department D.C. 20426, in accordance with Rules 825 North Capitol Street NE., (Seattle). A copy of the filing was served upon Seattle. 385.211 and 385.214 of the Washington, DC 20426, in accordance Puget states that the Agreement Commission’s Rules of Practice and with Section 211 of the Commission’s provides for the interconnection of Procedure (18 CFR 385.211 and Rules of Practice and Procedure, 18 CFR Seattle’s South Fork Told River 385.214). All such motions or protests 385.211. All such protests should be hydroelectric project, FERC Project No. should be filed on or before July 17, filed on or before July 17, 1995. Protests 2959 (the Project) with Puget’s 1995. Protests will be considered by the will be considered by the Commission transmission system and for wheeling of Commission in determining the in determining the appropriate action to the net electrical output of the Project appropriate action to be taken, but will be taken, but will not serve to make over Puget’s transmission system to not serve to make protestants parties to protestants parties to the proceeding. Seattle’s system. the proceeding. Copies of this filing are Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Notices 36277 on file with the Commission and are Commission and are available for public on May 31, 1995, in the amount of available for public inspection. inspection in the public reference room. $7,041,267.61. Transco states that these Lois D. Cashell, refunds, including interest and Lois D. Cashell, Secretary. principal, were made in compliance Secretary. [FR Doc. 95–17249 Filed 7–13–95; 8:45 am] with an order issued by the Commission BILLING CODE 6717±01±M on May 1, 1995. That order denied [FR Doc. 95–17256 Filed 7–13–95; 8:45 am] rehearing of the Commission’s February BILLING CODE 6717±01±M 13, 1995, order in Docket Nos. RP92– [Docket No. RP95±380±000] 149–001, 002, and 003. The May 1 order directed Transco to refund to Columbia Tennessee Gas Pipeline Company; [Docket No. RP95±381±000] Gas Transmission Corporation Notice of Reconciliation Report (Columbia) Order 94 costs that Transco Tennessee Gas Pipeline Company; July 10, 1995. has collected from Columbia, plus Notice of Filing of Petition for Take notice that on July 5, 1995, interest from March 15, 1995. Clarification Tennessee Gas Pipeline Company Any person desiring to protest said (Tennessee) tendered for filing a filing should file a protest with the July 10, 1995. Reconciliation Report in accordance Federal Energy Regulatory Commission, Take notice that on July 5, 1995, with Article I, Section 4, of the 825 North Capitol Street NE., Tennessee Gas Pipeline Company ‘‘Stipulation and Agreement’’ approved Washington, DC 20426, in accordance (Tennessee) filed a petition for by the Commission in Tennessee Gas with Rule 211 of the Commission’s clarification requesting that the Pipeline Co., 69 FERC ¶ 61,203 (1994), Rules of Practice and Procedure (18 CFR Commission clarify that Tennessee is reh’g denied, 71 FERC ¶ 61,021 (1995). 385.211). All such protests should be authorized to retain, among others, two Tennessee states that the purpose of filed on or before July 17, 1995. Protests case-specific upstream transportation this filing is to report adjustments to the will be considered by the Commission service agreements necessary to revenues and costs recorded in in determining the appropriate action to continue post-restructuring Tennessee’s Account No. 191 during the be taken, but will not serve to make transportation service to its ‘‘NOREX’’ period from March 1, 1994 through May protestants parties to the proceeding. and Boundary Gas, Inc. (Boundary) 31, 1995. Tennessee reports that it has Copies of this filing are on file with the customers. The two upstream underrecovered its Account No. 191 Commission and are available for public transportation agreements are Rate balance as of May 31, 1995 by information. Schedule X–48 with Consolidated Gas $20,332,420. Lois D. Cashell, Supply Corporation for service to the Any person desiring to be heard or to Secretary. Boundary customers, and Rate Schedule protest said filing should file a motion [FR Doc. 95–17254 Filed 7–13–95; 8:45 am] X–81 with Consolidated Natural Gas to intervene or protest with the Federal Transmission Company for service to Energy Regulatory Commission, 825 BILLING CODE 6717±01±M the NOREX customers. North Capitol Street NE., Washington, DC 20426, in accordance with 18 CFR Tennessee states that it is clear from [Docket No. RP95±193±003] 385.214 and 385.211 of the the orders issued in Docket Nos. RS92– Commission’s Rules and Regulations. Williston Basin Interstate Pipeline 23, et al. that the Commission intended All such motions or protests should be Company; Notice of Compliance Filing to allow Tennessee to retain these filed on or before July 17, 1995. Protests upstream services post-restructuring will be considered by the Commission July 10, 1995. but, due to inadvertent error, the actual in determining the appropriate action to rate schedules were mislabeled in Take notice that on July 6, 1995, be taken, but will not serve to make Tennessee’s filings, and consequently in Williston Basin Interstate Pipeline protestants parties to the proceeding. the Commission’s orders. Company (Williston Basin), tendered for Any person wishing to become a party filing to become part of its FERC Gas Tennessee states that copies of the must file a motion to intervene. Copies Tariff, Second Revised Volume No. 1, filing have been mailed on all parties of this filing are on file with the revised tariff sheets. listed on the official service list Commission and are available in the compiled by the Secretary in this public reference room. Williston Basin states that, in proceeding. accordance with the Commission’s June Lois D. Cashell, 21, 1995 Order, the revised tariff sheets Any person desiring to be heard or to Secretary. modify the time allowed for a shipper protest said filing should file a motion to execute a Service Agreement once it to intervene or protest with the Federal [FR Doc. 95–17250 Filed 7–13–95; 8:45 am] has been tendered to such shipper by Energy Regulatory Commission, 825 BILLING CODE 6717±01±M Williston Basin. North Capitol Street NE., Washington, DC 20426, in accordance with 18 CFR Any person desiring to protest said 385.214 and 385.211 of the [Docket No. RP92±149±006] filing should file a protest with the Commission’s Rules and Regulations. Transcontinental Gas Pipe Line Corp.; Federal Energy Regulatory Commission, All such motions or protests should be Notice of Refund Report 825 North Capitol Street NE., filed on or before July 17, 1995. Protests Washington, DC 20426, in accordance will be considered by the Commission July 10, 1995. with Rule 211 of the Commission’s in determining the appropriate action to Take notice that on June 14, 1995, Rules of Practice and Procedure (18 CFR be taken, but will not serve to make Transcontinental Gas Pipe Line 385.211). All such protests should be protestants parties to the proceeding. Corporation (Transco) tendered for filed on or before July 17, 1995. Protests Any person wishing to become a party filing with the Federal Energy will be considered by the Commission must file a motion to intervene. Copies Regulatory Commission (Commission) a in determining the appropriate action to of this filing are on file with the report summarizing refunds disbursed be taken, but will not serve to make 36278 Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Notices protestants parties to the proceeding. ENVIRONMENTAL PROTECTION ERP No. D-AFS-L65238–WA Rating Copies of this filing are on file with the AGENCY EC2, Thunder Mountain Fire Recovery Commission and are available for public and Salvage Project, Implementation, inspection. [ER±FRL±4724±9] Okanogan National Forest, Tonasket and Lois D. Cashell, Methow Valley Ranger Districts, Environmental Impact Statements and Okanogan County, WA. Secretary. Regulations; Availability of EPA Summary: EPA expressed [FR Doc. 95–17253 Filed 7–13–95; 8:45 am] Comments environmental concerns regarding the existing conditions in the Chewuch BILLING CODE 6717±01±M Availability of EPA comments prepared June 05, 1995 Through June River, Thirtymile Creek, Dog Creek, 09, 1995 pursuant to the Environmental Windy Creek and Smarty Creek within the proposed project area and whether [Docket No. RP95±329±001] Review Process (ERP), under Section 309 of the Clean Air Act and Section the proposed action will meet water 102(2)(c) of the National Environmental quality standards. Wyoming Interstate Company, Ltd.; ERP No. D–UAF–K11061–GU Rating Notice of Tariff Compliance Filing Policy Act as amended. Requests for copies of EPA comments can be directed EO2, Andersen Air Force Base (AFB) July 10, 1995. to the Office of Federal Activities at Solid Waste Management Facility, (202) 260–5076. Construction, Island of Guam, GU. Take notice that on July 5, 1995, Summary: EPA expressed An explanation of the ratings assigned Wyoming Interstate Company, Ltd. environmental objections because the to draft environmental impact (WIC), tendered for filing revised tariff DEIS does not support statements statements (EISs) was published in FR sheets, to its FERC Gas Tariffs, First regarding landfill location, unstable dated April 14, 1995 (60 FR 19047). Revised Volume No. 1, and FERC Gas areas and monitorability of the Tariff, Second Revised Volume No. 2. Draft EISs groundwater. EPA has requested The new tariff sheets are filed in ERP No. D–AFS–A65161–00 Rating additional information including storm accordance with the letter order issued EC2, Gypsy Moth Management in the water permitting and air emissions. ERP No. DS–DOE–L08050–WA Rating June 21, 1995, in Docket No. PR95–329– United States: A Cooperative Approach, EC2, Puget Power Northwest 000. In the June 21 order, the Implementation, US. Washington Electric Transmission Commission conditioned acceptance of Summary: EPA expressed Project, Updated Information, WIC’s June 1, 1995 filing on a environmental concerns about potential Construction and Operation, Whatcon compliance filing by WIC to conform habitat and water quality impacts and and Skagit Counties, WA. with Order No. 577–A. WIC has filed insufficient information to predict Summary: EPA expressed project effects on nontarget species. revisions to Sheet No. 26 of its Volume environmental concerns based on the ERP No. D-AFS-G65062–NM Rating No. 1 Tariff, and Sheet No. 55 of its project’s impact on water quality. Volume No. 2 Tariff. LO, Agua/Caballos Timber Sale, Harvesting Timber and Managing Final EISs Accordingly, WIC submitted for filing Existing Vegetation, Implementation, ERP No. F–AFS–J65224–MT, Running Fourth Revised Sheet No. 26 of its Carson National Forest, El Rito Ranger Wolf Timber Sales, Implementation, Volume No. 1 Tariff and Fourth Revised District, Taos County, NM. Lewis and Clark National Forest, Judith Sheet No. 55 of its Volume No. 2 Tariff Summary: EPA has no objections to Ranger District, Stanford, Judith Basin to become effective July 10, 1995, the the proposed project. However, EPA County, MT. effective date of Order No. 577–A. requests that additional information on Summary: EPA expressed cumulative impacts and environmental environmental concerns regarding water Any person desiring to protest said justice be included in the final EIS. quality impacts, the adequacy of the filing should file a protest with the ERP No. D–AFS–J65230–WY Rating water quality monitoring program and Federal Energy Regulatory Commission, EO2, Tie Hack Dam and Reservoir believes additional information is 825 North Capitol Street NE., Construction, Special-Use-Permit, needed to fully assess all potential Washington, DC 20426, in accordance NPDES and COE Section 404 Permits, impacts of the proposed action. with Section 385.211 of the Bighorn National Forest, Buffalo Ranger ERP No. F–FHW–D40238–MD, US 29 Commission’s Rules of Practice and District, City of Buffalo, WY. Improvements, Sligo Creek Parkway to Procedure (18 CFR 385.211). All such Summary: EPA expressed the Patuxent River Bridge, Funding and protests should be filed on or before July environmental objections to the COE Section 404 Permit Issuance, 17, 1995. Protests will be considered by proposed alternative due to potential Montgomery County, MD. the Commission in determining the adverse impacts to wetlands. EPA Summary: EPA expressed appropriate action to be taken, but will suggests that the final EIS explore environmental concern regarding the not serve to make protestants parties to additional alternatives of hydropower mass transit HOV options and the use of the proceeding. Copies of this filing are production. EPA believes that the old traffic data. on file with the commission and are conservation alternative could show ERP No. F–FHW–E40742–NC, I–85 available for public inspection in the greater water savings and would be Greensboro Bypass Study Area public reference room. more effective in meeting the purpose Transportation Improvement, I–85 and need than stated in the draft EIS. South of Greensboro to I–40/85 east of Lois D. Cashell, ERP No. D–AFS–J65232–UT Rating Greensboro, Funding, Possible COE LO, Brian Head Recovery Project, Section 404 Permit, City of Greensboro, Secretary. Timber Harvest, Implementation, Dixie Guilford County, NC. [FR Doc. 95–17251 Filed 7–13–95; 8:45 am] National Forest, Cadar City Ranger Summary: EPA continued to believe District, Iron County, UT. that the Grand/85 alternative would be BILLING CODE 6717±01±M Summary: EPA expressed lack of the most environmental sound build objections to the proposed project. alternative for meeting the project’s Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Notices 36279 transportation objective. Although we EIS No. 950301, Final EIS, FRC, VA, about the peer review, contact Pam still have concerns, instituting the Gaston and Roanoke Rapids Project Pentz, U.S. EPA (8501), 401 M Street, identified environmental controls for (FERC-No. 2009–003), Nonpoint Use SW, Washington, DC 20460, Telephone: construction and long term operation of Project Lands and Water for the (202) 260–6600. would make the proposed project City of Virginia Beach Water Supply acceptable. Project, License Issuance, Brunswick SUPPLEMENTARY INFORMATION: On August County, VA, Due: August 14, 1995, 26, 1994, EPA proposed that the Eastern Dated: July 11, 1995. Columbia Plateau Aquifer System be William D. Dickerson, Contact: Steve Edmondson (202) 219– 2653. designated as a sole source aquifer. EPA Director, NCD Compliance Division, Office proposed the action in response to a of Federal Activities. Amended Notices January 1993 petition from the Palouse- [FR Doc. 95–17342 Filed 7–13–95; 8:45 am] EIS No. 950277, Draft EIS, FAA, WI, Clearwater Environmental Institute of BILLING CODE 6560±50±U Dane County Regional Airport, Air Moscow, Idaho. The petition requests Carrier Runway 3–21 Construction EPA to make a determination under [ER±FRL±4724±8] and Operation and Associated Section 1424(e) of the Safe Drinking Actions, Airport Layout Plan Water Act that the aquifer system is the Environmental Impact Statements; Approval and Funding, Dane County, sole or principal source of drinking Notice of Availability WI, Due: August 14, 1995, Contact: water for the area and which, if William J. Flanagan (612) 725–4463. Responsible Agency: Office of Federal contaminated, would create a significant Activities, General Information (202) Published 6–30–95 Correction to hazard to public health. 260–5076 OR (202) 260–5075. Weekly Document status from Final to Draft EIS. The original comment period was to receipt of Environmental Impact Dated: July 11, 1995. close on October 14, 1994, but in Statements Filed July 03, 1995 Through William D. Dickerson, response to public requests EPA July 07, 1995 Pursuant to 40 CFR Director, NCD Compliance Division, Office extended the comment period twice: 1506.9. of Federal Activities. first until January 17, 1995, and then EIS No. 950295, Draft EIS, SFW, UT, [FR Doc. 95–17343 Filed 7–13–95; 8:45 am] until February 17, 1995. Four public Washington County Habitat BILLING CODE 6560±50±U hearings were held throughout the Conservation Plan, Issuance of a proposed area (September 18, Permit for Incidental Take of Mojave [FRL-S257±7] September 19, November 15, and Desert Tortoise (Gopherus Agassizii), November 16). Upper Virgin River Recovery Unit, Peer Review Meeting on Eastern Washington County, UT, Due: August EPA received extensive comments, Columbia Plateau Sole Source Aquifer 28, 1995, Contact: Robert D. Williams including many that cited technical Determination (801) 524–5001. grounds for taking issue with the EIS No. 950296, Draft EIS, GSA, OH, AGENCY: Environmental Protection vertical and lateral boundaries of the Cleveland United States Courthouse, Agency. proposed area. On April 13, 1995, the Site Selection, Construction and Regional Administrator for Region 10, ACTION: Notice of meeting. Operation, Cuyahoga County, OH, announced that EPA would undertake a Due: August 28, 1995, Contact: SUMMARY: This notice announces a peer peer review of technical information Jennifer Enyart (312) 886–5574. review meeting sponsored by the U.S. underlying the sole source aquifer EIS No. 950297, Final EIS, BLM, CA, Environmental Protection Agency’s designation in the Eastern Columbia Mesquite Regional Landfill Project, (EPA’s) Science Policy Council (SPC). Plateau aquifer system. EPA is asking Implementation, Federal Land This meeting is a peer review of the peer reviewers, who are experts in Exchange, Right-of-Way Approval, scientific information underlying the hydrogeology to evaluate EPA’s Conditional-Use-Permit and General sole source aquifer determination for the technical analysis of certain issues Plan Amendment, Imperial County, Eastern Columbia Plateau that will be relating to the Eastern Columbia Plateau CA, Due: August 14, 1995, Contact: made by the Regional Administrator of aquifer system. Specifically, EPA is Thomas Zale (619) 337–4400. EPA’s Region 10. asking the peer reviewers to provide EIS No. 950298, Draft EIS, NOA, DATES: The meeting will held on July Programmatic EIS—Coastal Nonpoint expert comment on the boundaries of 26–27, 1995. Members of the public may Pollution Control Program, the aquifer system, the vertical flow attend as observers. Implementation, Approval for 29 between the basalt units, and the States and Territories Coastal ADDRESSES: The meeting will be held at applicability of the documents that EPA Nonpoint Program, Due: August 28, the Sheraton Tacoma Hotel in Tacoma, used in the development of its technical 1995, Contact: W. Stanley Wilson Washington. Eastern Research Group, analysis. Following this meeting, EPA (301) 713–3074. Inc., an EPA contractor, is providing will use information and analyses EIS No. 950299, Draft EIS, USN, TX, logistical support for the meeting. To developed by the peer reviewers, along Dallas Naval Air Station Disposal and attend the meeting as an observer, with other considerations, to make a Reuse, Implementation, City of Dallas, contact Laurie Nutter, Eastern Research determination as to the sole source TX, Due: August 28, 1995, Contact: Group, Inc., 110 Hartwell Avenue, aquifer designation for the Eastern Darrell Molzan (803) 743–0796. Lexington, Massachusetts, 02173–3198, Columbia Plateau. EIS No. 950300, Final EIS, AFS, CA, OR, Tel: 617/674–7320, Fax: 617/674–2906 Dated: June 30, 1995. Klamath National Forest Land and by July 17, 1995. Space is limited. Joseph K. Alexander, Resource Management Plan, FOR FURTHER INFORMATION CONTACT: For Implementation, Siskiyou Co., CA and technical inquiries, contact Martha Acting Assistant Administrator for Research Jackson Co., OR, Due: August 14, Sabol, U.S. EPA, Region 10, 1200 Sixth and Development. 1995, Contact: Barbara Holder (916) Avenue, Seattle, WA 98101, Telephone [FR Doc. 95–17319 Filed 7–13–95; 8:45 am] 842–6131. (206) 553–1593. For other information BILLING CODE 6560±50±P 36280 Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Notices FEDERAL COMMUNICATIONS entities will only include small Commission an FCC Form 304–A, COMMISSION businesses. Due to the differing certifying that the facilities as criteria for establishing designated authorized have been completed and Public Information Collection entity status the Commission is that the station is now operational Requirements Submitted to the Office creating a new FCC Form 175–M. This and ready to provide service to the of Management and Budget for Review form will be similar to the current public. The conditional license shall FCC Form 175 (3060–0600). The new be automatically forfeited upon the July 7, 1995. FCC Form 175–M will be tailored for expiration of the construction period The Federal Communications use by MDS applicants only. The FCC specified in the license unless within Commission has submitted the Form 175–S, Application to 5 days after the date an FCC Form following information collection Participate in an FCC Auction— 304–A has been filed with the requirements to OMB for review and Supplemental Form (3060–0600) will Commission. clearance under the Paperwork be used as a continuation sheet. The Reduction act of 1980 (44 U.S.C. 3507). OMB Number: None information will be used by FCC staff Copies of these submissions may be Title: Application for a Multipoint to determine whether the applicant is purchased from the Commission’s copy Distribution Service Authorization legally, technically, and otherwise contractor, International Transcription Form Number: FCC Form 304 qualified to participate in the auction. Service, Inc., 2100 M Street, NW., Suite Action: New collection The rules and requirements are also 140, Washington, DC 20037, (202) 857– Respondents: Businesses or other for- designed to ensure that the 3800. For further information on these profit competitive bidding process is limited submissions contact Judy Boley, Federal Frequency of Response: On occasion to serious, qualified applicants and to Communications Commission, (202) reporting requirement deter possible abuses of the bidding 418–0214. Persons wishing to comment Estimated Annual Burden: 300 and licensing processes. on these information collections should responses; 55 hours average burden contact Timothy Fain, Office of OMB Number: None per response; 16,500 hours total Management and Budget, Room 10214 Title: Certification of Completion of annual burden NEOB, Washington, DC 20503, (202) Construction for a Multipoint Needs and Uses: On 6/15/95, the 395–3561. Distribution Service Commission adopted a Report and OMB Number: None Form Number: FCC Form 304–A Order in MM Docket No. 94–131 and Title: Application to Participate in an Action: New collection PP Docket No. 93–253, Amendment of FCC MDS Auction Respondents: Businesses or other for- Parts 21 and 74 of the Commission’s Form Number: FCC Form 175–M profit Rules with Regard to Filing Action: New collection Frequency of Response: On occasion Procedures in the Multipoint Respondents: Businesses or other for- reporting requirement Distribution Service (MDS) and in the profit Estmated Annual Burden: 100 Instructional Television Fixed Service Frequency of Response: On occasion responses, 0.5 hours average burden (ITFS) and Implementation of Section reporting requirement per response, 50 hours total annual 309(j) of the Communications Act— Estmated Annual Burden: 1,600 burden Competitive Bidding. This Report and responses, .50 hours average burden Needs and Uses: On 6/15/95, the Order will streamline the procedures per response, 775 hours total annual Commission adopted a Report and for filing MDS applications and burden Order in MM Docket No. 94–131 and facilitate the development and rapid Needs and Uses: On 6/15/95, the PP Docket No. 93–253, Amendment of deployment of wireless cable services. Commission adopted a Report and Parts 21 and 74 of the Commission’s Among other things, this Report and Order in MM Docket No. 94–131 and Rules with Regard to Filing Order adopted a new FCC Form 304, PP Docket No. 93–253, Amendment of Procedures in the Multipoint Application for a Multipoint Parts 21 and 74 of the Commission’s Distribution Service (MDS) and in the Distribution Service Authorization Rules with Regard to Filing Instructional Television Fixed Service referred to in the Report and Order as Procedures in the Multipoint (ITFS) and Implementation of Section the long-form application. This new Distribution Service (MDS) and in the 309(j) of the Communications Act— form will incorporate information Instructional Television Fixed Service Competitive Bidding. This Report and currently on the FCC Form 494, (ITFS) and Implementation of Section Order will streamline the procedures Application for a New or Modified 309(j) of the Communications Act— for filing MDS applications and Microwave Radio Station License Competitive Bidding. This Report and facilitate the development and rapid Under Part 21 (OMB Control No. Order will streamline the procedures deployment of wireless cable services. 3060–0402) and will add new data for filing MDS applications and Among other things, this Report and elements needed to expedite facilitate the development and rapid Order adopted a new FCC Form 304. processing under the new filing deployment of wireless cable services. This new FCC Form 304–A is a procedures adopted in the Report and Among other things, this Report and component of the FCC Form 304. This Order. The FCC Form 304 will be Order establishes competitive bidding new form will incorporate used by existing MDS operators to rules and procedures for the information currently on the FCC modify their stations or to add a Multipoint Distribution Service. The Form 494–A, Certification of signal booster station. It will also be Commission has determined that Completion of Construction (3060– used by some winning bidders in the simultaneous multiple round bidding 0403) and limit the form to only MDS competitive bidding process to will be used in the MDS auctions. applicants. All other services propose facilities to provide wireless This auction method has been currently on the FCC Form 494–A cable service over any usable MDS employed successfully in the will remain. Each licensee will channels within their Basic Trading broadband and narrowband PCS specify as a condition that upon the Area (BTA). All other services auctions. For the MDS auctions, we completion of construction, the currently using the FCC Form 494 have determined that designated licensee must file with the will continue to do so. This collection Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Notices 36281 of information will also include the FEDERAL MARITIME COMMISSION The application is available for burden for the technical rules immediate inspection at the Federal involving the interference or Security for the Protection of the Reserve Bank indicated. Once the engineering analysis requirements Public Financial Responsibility to Meet application has been accepted for under Sections 21.902, 21.913 and Liability Incurred for Death or Injury to processing, it will also be available for 21.938. These analyses will not be Passengers or Other Persons on inspection at the offices of the Board of submitted with the application but Voyages; Issuance of Certificate Governors. Interested persons may will be retained by the operator and (Casualty) express their views in writing to the Reserve Bank indicated for that must be made available to the Notice is hereby given that the application or to the offices of the Board Commission upon request. The data following have been issued a Certificate of Governors. Any comment on an will be used by FCC staff to ensure of Financial Responsibility to Meet application that requests a hearing must that the applicant is legally, Liability Incurred for Death or Injury to include a statement of why a written technically and otherwise qualified to Passengers or Other Persons on Voyages presentation would not suffice in lieu of become a Commission licensee. MDS/ pursuant to the provisions of section 2, a hearing, identifying specifically any ITFS applicants/licensees will need Pub. L. 89–777 (46 U.S.C. 817(d)) and questions of fact that are in dispute and this information to perform the the Federal Maritime Commission’s summarizing the evidence that would necessary analyses of the potential for implementing regulations at 46 CFR part be presented at a hearing. harmful interference to their facility. 540, as amended: Comments regarding this application Federal Communications Commission. Society Expeditions, Inc., Discoverer must be received not later than August William F. Caton, Reederei GmbH and Adventurer 7, 1995. Acting Secretary. Cruises, Inc., 2001 Western Avenue, A. Federal Reserve Bank of St. Louis [FR Doc. 95–17242 Filed 7–13–95; 8:45 am] Suite 300, Seattle, Washington 98121 (Randall C. Sumner, Vice President) 411 Vessel: WORLD DISCOVERER BILLING CODE 6712±01±M Locust Street, St. Louis, Missouri 63166: Dated: July 10, 1995. 1. Old National Bancorp, Evansville, Joseph C. Polking, Indiana; to merge with Shawnee [Report No. 2084] Secretary. Bancorp, Inc., Harrisburg, Illinois, and [FR Doc. 95–17245 Filed 7–13–95; 8:45 am] thereby indirectly acquire The Bank of Petition for Reconsideration of Actions BILLING CODE 6730±01±M Harrisburg, Harrisburg, Illinois. in Rulemaking Proceedings Board of Governors of the Federal Reserve System, July 10, 1995. July 11, 1995. FEDERAL RESERVE SYSTEM Jennifer J. Johnson, Petition for reconsideration have been Deputy Secretary of the Board. filed in the Commission rulemaking Great Southern Bancorp; Change in [FR Doc. 95–17291 Filed 7–13–95; 8:45 am] proceedings listed in this Public Notice Bank Control Notices; Acquisitions of BILLING CODE 6210±01±F and published pursuant to 47 CFR Shares of Banks or Bank Holding 1.429(e). The full text of this document Companies; Correction are available for viewing and copying in Robert G. Sarver, et al.; Change in Room 239, 1919 M Street, NW., This notice corrects a notice (FR Doc. Bank Control Notices; Acquisitions of Washington, DC or may be purchased 95-16690) published on page 35404 of Shares of Banks or Bank Holding from the Commission’s copy contractor the issue for Friday, July 7, 1995. Companies ITS, Inc. (202) 857–3800. Opposition to Under the Federal Reserve Bank of this petition must be filed July 31, 1995. Atlanta, the entry for Great Southern The notificants listed below have See Section 1.4(b)(1) of the Bancorp, West Palm Beach, Florida applied under the Change in Bank Commission’s rules (47 CFR 1.4(b)(1)). should be deleted. Control Act (12 U.S.C. 1817(j)) and § Replies to an opposition must be filed Board of Governors of the Federal Reserve 225.41 of the Board’s Regulation Y (12 within 10 days after the time for filing System, July 10, 1995. CFR 225.41) to acquire a bank or bank oppositions has expired. Jennifer J. Johnson, holding company. The factors that are Deputy Secretary of the Board. considered in acting on the notices are Subject: Rules and Policies Regarding set forth in paragraph 7 of the Act (12 [FR Doc. 95–17291 Filed 7–13–95; 8:45 am] Calling Number Identification U.S.C. 1817(j)(7)). Service—Caller ID. (CC Docket No. BILLING CODE 6210±01±F The notices are available for 91–281) immediate inspection at the Federal Number of Petitions Filed: 2 Old National Bancorp; Formation of, Reserve Bank indicated. Once the notices have been accepted for Subject: Local Exchange Carriers’ Rates Acquisition by, or Merger of Bank Holding Companies processing, they will also be available Terms, and Conditions for Expanded for inspection at the offices of the Board Interconnection Through Virtual The company listed in this notice has of Governors. Interested persons may Collocation for Special Access and applied for the Board’s approval under express their views in writing to the Switch Transport. (CC Docket 94–97, section 3 of the Bank Holding Company Reserve Bank indicated for that notice Phase I) Act (12 U.S.C. 1842) and § 225.14 of the or to the offices of the Board of Number of Petitions Filed: 2 Board’s Regulation Y (12 CFR 225.14) to Governors. Comments must be received Federal Communications Commission. become a bank holding company or to not later than July 28, 1995. acquire a bank or bank holding A. Federal Reserve Bank of San William F. Caton, company. The factors that are Francisco (Kenneth R. Binning, Acting Secretary. considered in acting on the applications Director, Bank Holding Company) 101 [FR Doc. 95–17303 Filed 7–13–95; 8:45 am] are set forth in section 3(c) of the Act Market Street, San Francisco, California BILLING CODE 6712±01±M (12 U.S.C. 1842(c)). 94105: 36282 Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Notices 1. Robert G. Sarver, Scottsdale, Each application is available for Board of Governors of the Federal Reserve Arizona; to acquire a total of 14.4 immediate inspection at the Federal System, July 10, 1995. percent; Keefe Bruyette & Woods, New Reserve Bank indicated. Once the Jennifer J. Johnson, York, New York, to acquire a total of 9.9 application has been accepted for Deputy Secretary of the Board. percent; Simmons Family, Inc., Salt processing, it will also be available for [FR Doc. 95–17293 Filed 7–13–95; 8:45 am] Lake City, Utah, to acquire a total of 9.9 inspection at the offices of the Board of BILLING CODE 6210±01±F percent; Robert H. McKee, Phoenix, Governors. Interested persons may Arizona, to acquire a total of 9.9 express their views in writing on the percent; Paul L. Baker, Tucson, Arizona, question whether consummation of the to acquire a total of 8.5 percent; Bell proposal can ‘‘reasonably be expected to DEPARTMENT OF HEALTH AND Family Trust, Glen W. Bell, Jr., Trustee, produce benefits to the public, such as HUMAN SERVICES Rancho Santa Fe, California, to acquire greater convenience, increased a total of 7.5 percent; Millard R. competition, or gains in efficiency, that Office of the Secretary Sheldin, Omaha, Nebraska, to acquire a outweigh possible adverse effects, such total of 6 percent; Lawrence B. Agency Forms Submitted to the Office Robinson, La Jolla, California, to acquire as undue concentration of resources, decreased or unfair competition, of Management and Budget for a total of 6 percent; Larry Korman, Atco, Clearance New Jersey, to acquire a total of 5 conflicts of interests, or unsound banking practices.’’ Any request for a percent; Zions Bancorporation, Salt On Fridays, the Department of Health hearing on this question must be Lake City, Utah, to acquire a total of 4.9 and Human Services, Office of the accompanied by a statement of the percent; Par Holdings, Inc., Scottsdale, Secretary publishes a list of information reasons a written presentation would Arizona, to acquire a total of 4 percent; collections it has submitted to the Office not suffice in lieu of a hearing, R Capital Corporation, Cleveland, Ohio, of Management and Budget (OMB) for identifying specifically any questions of to acquire a total of 3 percent; Albert L. clearance in compliance with the fact that are in dispute, summarizing the Feldman, Omaha, Nebraska, to acquire a Paperwork Reduction Act (44 U.S.C. total of 3 percent; Thomas W. Rogers, evidence that would be presented at a Chapter 35). The following are those Tucson, Arizona, to acquire a total of 2 hearing, and indicating how the party information collections recently percent; Donald R. Rogers, Tucson, commenting would be aggrieved by submitted to OMB. Arizona, to acquire a total of 2 percent; approval of the proposal. 1. 1995 Short-term, General, and Carol L. Hudson, Tucson, Arizona, to Unless otherwise noted, comments Other Special Hospital Civil Rights acquire a total of 2 percent; Allan W. regarding the applications must be Severson, La Mesa, California, to Compliance report—Short-term, general, received at the Reserve Bank indicated acquire a total of 1 percent; and and other special hospitals that are or the offices of the Board of Governors Christopher L. Skillern, La Mesa, recipients of HHS funds are being California, to acquire a total of 1 not later than July 28, 1995. requested to file a report providing percent, of the voting shares of A. Federal Reserve Bank of information on their compliance with Bancomer Holding Company, Los Richmond (Lloyd W. Bostian, Jr., Senior civil rights requirements. Those Angeles, California, and thereby Vice President) 701 East Byrd Street, hospitals that received Hill-Burton indirectly acquire Grossmont Bank, La Richmond, Virginia 23261: assistance will simultaneously fulfill the Mesa, California. 1. Wachovia Corporation, Winston- current triennial community service Board of Governors of the Federal Reserve Salem, North Carolina; to engage de reporting requirements by filing this System, July 10, 1995. novo through its subsidiary, Wachovia report. The Public Health Service Act Jennifer J. Johnson, Capital Markets, Inc., Winston-Salem, (Titles VI and XVI) requires that this Deputy Secretary of the Board. North Carolina, in acting as investment information be obtained periodically to [FR Doc. 95–17292 Filed 7–13–95; 8:45 am] or financial adviser, pursuant to § enable assessment of the compliance of BILLING CODE 6210±01±F 225.25(b)(4) of the Board’s Regulation Y; recipient Hill-Burton health facilities providing foreign exchange advisory with their community services and transactional services, pursuant to § assurances. Respondents: State or local Wachovia Corporation, et al.; Notice of 225.25(b)(17) of the Board’s Regulation governments, business or other for- Applications to Engage de novo in Y; and acting as intermediary for the profit, non-profit institutions; Total Permissible Nonbanking Activities financing of commercial or industrial Number of Respondents: 4975; Frequency of Response: once every The companies listed in this notice income-producing real estate by arranging for the transfer of title, control three years; Average Burden per have filed an application under § Response: 32.5 hours; Estimated Annual 225.23(a)(1) of the Board’s Regulation Y and risk of such real estate project to one or more investors, pursuant to § Burden: 53,918 hours. OMB Desk (12 CFR 225.23(a)(1)) for the Board’s Officer: Allison Eydt. approval under section 4(c)(8) of the 225.25(b)(14) of the Board’s Regulation Bank Holding Company Act (12 U.S.C. Y. Copies of the information collection 1843(c)(8)) and § 225.21(a) of Regulation B. Federal Reserve Bank of Chicago packages listed above can be obtained Y (12 CFR 225.21(a)) to commence or to (James A. Bluemle, Vice President) 230 by calling the OS Reports Clearance engage de novo, either directly or South LaSalle Street, Chicago, Illinois Officer on (202) 619–1053. Written through a subsidiary, in a nonbanking 60690: comments and recommendations for the activity that is listed in § 225.25 of proposed information collection should Regulation Y as closely related to 1. Garrett Bancshares, Ltd., be sent directly to the OMB desk officer banking and permissible for bank Bloomfield, Iowa; to engage de novo in designated above at the following holding companies. Unless otherwise making and servicing loans, pursuant to address: OMB Reports Management noted, such activities will be conducted § 225.25(b)(1) of the Board’s Regulation Branch, New Executive Office Building, throughout the United States. Y. Room 3208, Washington, D.C. 20503. Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Notices 36283 Dated: July 3, 1995. will remain in effect until such time as is necessary for the proper performance Dennis P. Williams, the Secretary of the Treasury notifies of the functions of the agency, including Deputy Assistant Secretary, Budget. HHS of any change. whether the information shall have [FR Doc. 95–17307 Filed 7–13–95; 8:45 am] Dated: July 6, 1995. practical utility; (b) the accuracy of the BILLING CODE 4150±04±M George Strader, agency’s estimate of the burden of the Deputy Assistant Secretary, Finance. proposed collection of information; (c) ways to enhance the quality, utility, and [FR Doc. 95–17309 Filed 7–13–95; 8:45 am] Notice of Interest Rate on Overdue clarity of the information to be Debts BILLING CODE 4150±04±M collected; and (d) ways to minimize the burden of the collection of information Section 30.13 of the Department of on respondents, including through the Health and Human Services’ claims Administration for Children and Families use of automated collection techniques collection regulations (45 CFR part 30) or other forms of information provides that the Secretary shall charge Agency Information Collection Under technology. Consideration will be given an annual rate of interest as fixed by the OMB Review to comments and suggestions submitted Secretary of the Treasury after taking within 60 days of this publication. into consideration private consumer Proposed Data Collections Submitted rates of interest prevailing on the date for Public Comment and Proposed Project(s) that HHS becomes entitled to recovery. Recommendations Title: Applications and Discontinuances The rate generally cannot be lower than In compliance with the requirements for Aid to Families with Dependent the Department of Treasury’s current of Section 3506(c)(2)(A) of the Children (AFDC) value of funds rate or the applicable rate Paperwork Reduction Act of 1995 for OMB No.: 0970–0003 determined from the ‘‘Schedule of opportunity for public comment on Certified Interest Rates with Range of proposed data collection projects, the Description: The information collected Maturities.’’ This rate may be revised Administration for Children and by Form ACF–3800 is needed to quarterly by the Secretary of the Families (ACF) is publishing the properly administer and monitor the Treasury and shall be published following summary(ies). To request Aid to Families with Dependent quarterly by the Department of Health copies of the proposed collection of Children (AFDC) program. The and Human Services in the Federal information and the related instructions, affected public is comprised of State Register. call the ACF Reports Clearance Officer agencies administering and The Secretary of the Treasury has on (202) 401–6465. supervising the administration of the certified a rate of 14% for the quarter Comments are invited on: (a) Whether AFDC program. ended June 30, 1995. This interest rate the proposed collection of information Respondents: State governments Number Num- of re- Aver- ber of sponses age Title re- per re- burden Burden spond- spond- per re- ents ent sponse ACF±3800 ...... 54 4 4 864 Estimated Total Annual Burden: 864. Dated: July 7, 1995. Families (ACF) is publishing the or other forms of information Roberta Katson, following summary(ies). To request technology. Consideration will be given Acting Director, Office of Information copies of the proposed collection of to comments and suggestions submitted Resource Management. information and the related instructions, within 60 days of this publication. call the ACF Reports Clearance Officer [FR Doc. 95–17335 Filed 7–13–95; 8:45 am] Proposed Project(s) BILLING CODE 4184±01±M on (202) 401–6465. Comments are invited on: (a) Whether Title: Statistical Report on Recipients the proposed collection of information Under Public Assistance Agency Information Collection Under is necessary for the proper performance OMB No.: 0970–0008 OMB Review of the functions of the agency, including Description: The information collected whether the information shall have by Form ACF–3637 is needed to Proposed Data Collections Submitted practical utility; (b) the accuracy of the properly administer and monitor the for Public Comment and agency’s estimate of the burden of the Aid to Families with Dependent Recommendations proposed collection of information; (c) Children program by providing In compliance with the requirements ways to enhance the quality, utility, and information on a quarterly basis on of Section 3506(c)(2)(A) of the clarity of the information to be recipients and families in the AFDC Paperwork Reduction Act of 1995 for collected; and (d) ways to minimize the and Adult Programs. This data is used opportunity for public comment on burden of the collection of information by Congress, Federal agencies, and proposed data collection projects, the on respondents, including through the others. Administration for Children and use of automated collection techniques Respondents: State governments 36284 Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Notices Number Num- of re- Aver- ber of sponses age Title re- per re- burden Burden spond- spond- per re- ents ent sponse ACF±3637 ...... 216 4 35 7,560 Estimated Total Annual Burden: 7,560. Dated: July 7, 1995. levels, and are contingent upon grant programs. The data elements used Roberta Katson, Congressional appropriations for Fiscal in the update are: Acting Director, Office of Information Year 1996. If Congress enacts and the A. The number of beneficiaries in Resource Management. President approves an amount different each State and Territory under the [FR Doc. 95–17336 Filed 7–13–95; 8:45 am] from the Fiscal Year 1995 appropriation, Childhood Disabilities Beneficiary BILLING CODE 4184±01±M the allotments will be adjusted Program, December 1993, are from Table accordingly. These allotments reflect the 5.J10 of the ‘‘Social Security Bulletin: appropriated funds allocated to the Annual Statistical Supplement 1994’’ Revised Federal Allotments to State States based on the most recent data issued by the Social Security Developmental Disabilities Councils available for population, extent of need Administration, U.S. Department of and Protection and Advocacy Formula for services for persons with Health and Human Services. The Grant Programs for Fiscal Year 1996 developmental disabilities, and the numbers for the Northern Mariana financial need of the States. AGENCY: Administration on Islands and the Trust Territories of the Developmental Disabilities, EFFECTIVE DATE: October 1, 1995. Pacific Islands, were obtained from the Administration for Children and FOR FURTHER INFORMATION CONTACT: Social Security Administration; Families, Department of Health and Bettye J. Mobley, Chief, Family Support B. State data on Average Per Capita Human Services. Branch, Office of Financial Income, 1989–93, are from Table 2 of ACTION: Notification of Revised Fiscal Management, Administration for the ‘‘Survey of Current Business,’’ Year 1996 Federal Allotments to State Children and Families, Department of September 1994, issued by the Bureau Developmental Disabilities Councils Health and Human Services, 370 of Economic Analysis, U.S. Department and Protection and Advocacy Formula L’Enfant Promenade SW., Washington, of Commerce; comparable data for the Grant Programs. DC 20447, Telephone (202) 401–6955. Territories also were obtained from that Bureau; and SUMMARY: This notice sets forth the SUPPLEMENTARY INFORMATION: Section revised Fiscal Year 1996 individual 125(a)(2) of the Act requires that C. State data on Total Population and allotments and percentages to States adjustments in the amounts of State Working Population (ages 18–64) as of administering the State Developmental allotments may be made not more often July 1, 1993, are from ‘‘Current Disabilities Councils and Protection and than annually and that States are to be Population Reports: Population Advocacy programs, pursuant to Section notified not less than six (6) months Estimates and Projections, Series P–25, 125 and Section 142 of the before the beginning of any fiscal year Number 1010, issued by the Bureau of Developmental Disabilities Assistance of any adjustments to take effect in that the Census, U.S. Department of and Bill of Rights Act (Act). This fiscal year. It should be noted that, as Commerce. Estimates for the Territories revision is required because the input of required, Palau’s allotment has been are no longer available, therefore, the the population data for one of the States adjusted to seventy-five percent of its Territories population data are from the was in error. The revised amounts Fiscal Year 1995 allotment. 1990 Census Population Counts. The published herein supersede those The Administration on Territories’ working populations were published in the Federal Register on Developmental Disabilities has updated issued in the Bureau of Census report, March 21, 1995, (54 FR 14943). the data elements for issuance of Fiscal ‘‘General Characteristics Report: 1980,’’ The amounts published herein are Year 1996 allotments for the which includes the most recent data based upon Fiscal Year 1995 funding Developmental Disabilities formula available from the Bureau. FY 1996 ALLOTMENTÐADMINISTRATION ON DEVELOPMENTAL DISABILITIES State devel- opmental dis- abilities coun- Percentage cils Total ...... $70,438,000 100.000000 Alabama ...... 1,350,256 1.916943 Alaska ...... 420,475 .596943 Arizona ...... 1,005,402 1.427357 Arkansas ...... 768,612 1.091189 California ...... 6,494,502 9.220168 Colorado ...... 787,772 1.118391 Connecticut ...... 698,526 .991689 Delaware ...... 420,475 .596943 District of Columbia ...... 420,475 .596943 Florida ...... 3,117,398 4.425733 Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Notices 36285 FY 1996 ALLOTMENTÐADMINISTRATION ON DEVELOPMENTAL DISABILITIESÐContinued State devel- opmental dis- abilities coun- Percentage cils Georgia ...... 1,728,262 2.453593 Hawaii ...... 420,475 .596943 Idaho ...... 420,475 .596943 Illinois ...... 2,705,735 3.841300 Indiana ...... 1,474,214 2.092924 Iowa ...... 804,511 1.142155 Kansas ...... 615,811 .874260 Kentucky ...... 1,248,946 1.773114 Louisiana ...... 1,432,280 2.033391 Maine ...... 420,475 .596943 Maryland ...... 979,617 1.390751 Massachusetts ...... 1,344,089 1.908187 Michigan ...... 2,480,119 3.520996 Minnesota ...... 1,034,766 1.469045 Mississippi ...... 949,468 1.347949 Missouri ...... 1,341,411 1.904385 Montana ...... 420,475 .596943 Nebraska ...... 425,955 .604723 Nevada ...... 420,475 .596943 New Hampshire ...... 420,475 .596943 New Jersey ...... 1,523,184 2.162446 New Mexico ...... 479,429 .680640 New York ...... 4,330,605 6.148109 North Carolina ...... 1,822,621 2.587554 North Dakota ...... 420,475 .596943 Ohio ...... 2,950,353 4.188581 Oklahoma ...... 921,778 1.308637 Oregon ...... 746,859 1.060307 Pennsylvania ...... 3,189,640 4.528294 Rhode Island ...... 420,475 .596943 South Carolina ...... 1,059,457 1.504099 South Dakota ...... 420,475 .596943 Tennessee ...... 1,473,381 2.091742 Texas ...... 4,519,278 6.415966 Utah ...... 549,665 .780353 Vermont ...... 420,475 .596943 Virginia ...... 1,440,243 2.044696 Washington ...... 1,145,208 1.625838 West Virginia ...... 813,508 1.154928 Wisconsin ...... 1,321,045 1.875472 Wyoming ...... 420,475 .596943 American Samoa ...... 220,750 .313396 Guam ...... 220,750 .313396 Northern Mariana Islands ...... 220,750 .313396 Puerto Rico ...... 2,428,881 3.448254 Palau ...... 165,563 .235048 Virgin Islands ...... 220,750 .313396 FY 1996 ALLOTMENTÐADMINISTRATION ON DEVELOPMENTAL DISABILITIES Protection and advocacy Percentage Total ...... 1 $25,911,318 100.000000 Alabama ...... 439,900 1.697714 Alaska ...... 254,508 .982227 Arizona ...... 337,130 1.301092 Arkansas ...... 256,076 .988279 California ...... 2,304,146 8.892431 Colorado ...... 272,686 1.052382 Connecticut ...... 258,379 .997167 Delaware ...... 254,508 .982227 District of Columbia ...... 254,508 .982227 Florida ...... 1,048,692 4.047235 Georgia ...... 596,126 2.300639 Hawaii ...... 254,508 .982227 Idaho ...... 254,508 .982227 Illinois ...... 904,717 3.491590 Indiana ...... 510,086 1.968584 36286 Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Notices FY 1996 ALLOTMENTÐADMINISTRATION ON DEVELOPMENTAL DISABILITIESÐContinued Protection and advocacy Percentage Iowa ...... 264,641 1.021334 Kansas ...... 254,508 .982227 Kentucky ...... 403,708 1.558037 Louisiana ...... 465,263 1.795598 Maine ...... 254,508 .982227 Maryland ...... 334,983 1.292806 Massachusetts ...... 441,992 1.705787 Michigan ...... 836,270 3.227431 Minnesota ...... 354,899 1.369668 Mississippi ...... 315,378 1.217144 Missouri ...... 458,338 1.768872 Montana ...... 254,508 .982227 Nebraska ...... 254,508 .982227 Nevada ...... 254,508 .982227 New Hampshire ...... 254,508 .982227 New Jersey ...... 504,403 1.946651 New Mexico ...... 254,508 .982227 New York ...... 1,379,169 5.322651 North Carolina ...... 630,628 2.433794 North Dakota ...... 254,508 .982227 Ohio ...... 998,081 3.851911 Oklahoma ...... 304,757 1.176154 Oregon ...... 261,963 1.010998 Pennsylvania ...... 1,037,225 4.002980 Rhode Island ...... 254,508 .982227 South Carolina ...... 365,671 1.411240 South Dakota ...... 254,508 .982227 Tennessee ...... 491,491 1.896820 Texas ...... 1,492,807 5.761216 Utah ...... 254,508 .982227 Vermont ...... 254,508 .982227 Virginia ...... 498,317 1.923163 Washington ...... 382,580 1.476498 West Virginia ...... 276,040 1.065326 Wisconsin ...... 447,725 1.727913 Wyoming ...... 254,508 .982227 American Samoa ...... 136,161 .525489 Guam ...... 136,161 .525489 Northern Mariana Islands ...... 136,161 .525489 Puerto Rico ...... 809,142 3.122736 Palau ...... 102,121 .394117 Virgin Islands ...... 136,161 .525489 1 This amount is $806,682 less than the 1995 appropriation level. These funds are set aside for funding technical assistance and American In- dian Consortiums. Public Law 103±230 authorizes spending up to two percent (2%) of the amount appropriated under Section 143 to fund tech- nical assistance. American Indian Consortiums are eligible to receive the minimum amount under Section 142(c)(1)(A)(i). Unused funds will be reallotted in accordance with Section 142(c)(1) of the Act. Dated: July 7, 1995. Centers for Disease Control and These cooperative agreements will Bob Williams, Prevention support demonstration projects to plan Commissioner, Administration on for the implementation of appropriate [Announcement 547] Developmental Disabilities. and effective prevention intervention [FR Doc. 95–17337 Filed 7–13–95; 8:45 am] RIN 0905-ZA94 strategies for reaching the greatest proportion of teenagers in communities BILLING CODE 4184±01±P Community Coalition Partnership with high rates of teen pregnancy. Programs for the Prevention of Teen ‘‘Hub’’ organizations are also Pregnancy encouraged, to the extent that it is feasible and desirable within their Introduction communities, to establish linkages with The Centers for Disease Control and and participate in existing community- Prevention (CDC) announces the based efforts funded by the Federal availability of fiscal year (FY) 1995 government or others to prevent HIV/ funds for cooperative agreements to AIDS, sexually transmitted diseases, support the efforts of ‘‘hub’’ and first and repeat pregnancies among organizations to strengthen and evaluate teenagers. the effectiveness of their community The Public Health Service (PHS) is program to prevent initial and repeat committed to achieving the health teen pregnancies and related problems. Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Notices 36287 objectives of ‘‘Healthy People 2000,’’ a organizations. The applicant must Program Requirements PHS-led national activity to reduce provide copies of formal agreements ‘‘Hub’’ organizations should seek to morbidity and mortality and improve that document a history of collaboration involve all relevant organizations in the the quality of life. This announcement to provide services, assistance, and community to work in partnership to directly addresses national objectives opportunities to teens who live, study, prevent teen pregnancies. The related to the priority areas of Family and/or work in the community for the community coalition partnership Planning and Educational and purpose of preventing initial and repeat program should seek to reach the Community-Based Programs. Changes in pregnancies. (Copies of the formal greatest proportion of teens within the the teen sexual behaviors will also have agreements must be attached with the community, giving emphasis to those a positive impact on the achievement of Executive Summary.) teens who are in high risk situations. HIV Infection and Sexually Transmitted 3. A community is a specific area ‘‘Hub’’ organizations are encouraged, to Diseases national objectives. (For within which the ‘‘hub’’ organization the extent that it is feasible and ordering a copy of ‘‘Healthy People and its partners will focus their efforts desirable within their communities, to 2000,’’ see the section Where To Obtain to help prevent teen pregnancies. This establish linkages, and to work in Additional Information.) area must be defined by one or more concert with existing community-based contiguous neighborhoods, school Authority efforts funded by the Federal districts, zip codes, or census tracks. government or others to prevent HIV/ This program is authorized under The definition and/or description of the AIDS, sexually transmitted diseases, Section 317(k)(2) of the Public Health community must be provided with the and first and repeat pregnancies among Service Act, as amended [42 U.S.C. Executive Summary section. teenagers, as a means to strengthen the 247b(k)(2)]. Applicable program 4. Eligibility characteristics must be program to prevent teen pregnancy. regulations are found in 42 CFR Part clearly specified in the Executive ‘‘Hub’’ organizations will work with 51b—Project Grants for Preventive Summary section of the application. current and/or new partner Health Services. Availability of Funds organizations to enhance the Smoke-Free Workplace effectiveness of their teen pregnancy $3.25 million to $4.5 million is prevention efforts, and to increase the PHS strongly encourages all grant available in FY 1995 to fund number of teens reached. Programs will recipients to provide a smoke-free approximately 12 demonstration involve teens in community service, job workplace and promote the non-use of projects for the development of skills development, and other all tobacco products, and Public Law Community Coalition Partnerships. It is opportunities that build their self- 103–227, the Pro-Children Act of 1994, expected that the average award will be esteem, self-sufficiency, and belief in which prohibits smoking in certain $270,000, ranging from $150,000 to themselves and their futures. In so facilities that receive Federal funds in $300,000. It is expected the awards will doing, programs should strive to which education, library, day care, begin on or about September 30, 1995, provide teens who are not yet sexually health care and early childhood and will be made for a 12-month budget experienced with a strong incentive to development services are provided to period within a project period of up to remain abstinent, and teens who are children. 2 years. Funding estimates may vary sexually experienced with a strong and are subject to change. Eligible Applicants incentive to delay pregnancies and Funds may be used to facilitate the childbearing until they are ready and Applications may be submitted by strengthening and expansion of existing able to assume the role and ‘‘Hub’’ organizations which are local partnership coalitions; the planning and responsibilities of parents. For those public and nonprofit private social coordination of coalition program teens who are sexually active, programs service, professional, or voluntary activities; and the documentation and will promote the consistent and organizations that serve youth; and evaluation of progress. This may effective use of appropriate among others may include local include paying for staff time. Funds may contraceptives, and will facilitate family affiliates of national organizations, not be used for facilities, direct services, planning counseling and services. hospitals, or local health, education, or research. In conducting activities to achieve the social service, mental health, or other Continuation awards within the purpose of this program, the recipient local public service agencies, including project period will be made on the basis will be responsible for the activities local councils of Indian Tribes. of satisfactory progress and the under A. (Recipient Activities), and Eligible ‘‘Hub’’ organizations must availability of funds. CDC anticipates a CDC will be responsible for the have the following characteristics: new, competitive program activities listed under B. (CDC 1. Serve communities (1) of at least announcement for the availability of Activities). 200,000 people and have (2) teen birth funds during FY 1997 to support the rates that are at least 50 percent above implementation of community coalition A. Recipient Activities the national average of 62.1 births per partnership programs for the prevention The ‘‘hub’’ organization will 1,000 women 15–19 years of age—that of teen pregnancy. coordinate the efforts of coalition is, communities that have birth rates of Purpose members and facilitate the development 93 births per 1000 among women who of partnerships among members in are 15–19 years of age, or higher. These These cooperative agreement awards support of the community teen data must be documented by a letter are to support the efforts of ‘‘hub’’ pregnancy prevention program. During from the local health department that is organizations to enhance their capacity the first year, each ‘‘hub’’ organization, attached with the Executive Summary to strengthen and evaluate the will work with partner organizations section of the application. effectiveness of coalition partnership and involve teens in a meaningful way, 2. The eligible ‘‘Hub’’ organization programs; and, to develop ‘‘Community to: must be the lead organization for an Action Plans’’ for the implementation of 1. Plan for the implementation of the existing teen pregnancy prevention comprehensive community programs for general approach described above by: community coalition of three or more the prevention of initial and repeat teen a. Conducting a needs assessment to private nonprofit and/or local public pregnancies and related problems. determine (1) the numbers and rates of 36288 Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Notices teen pregnancies and associated indicators of program effectiveness in activities; and demonstrates a long-term demographic and economic collaboration with CDC. commitment to the existing program. characteristics; (2) why some teens are 5. Share information about program C. Leadership Capability, Capacity, and getting pregnant and others are not; design, implementation, and Experience of the ‘‘Hub’’ Organization effectiveness with other recipients, (3) the perceived needs of teens; (4) (10 points) the extent to which these needs are met other communities, and CDC and its in the community, or the extent to national partners through site visits; The extent to which the applicant which program gaps exist; (5) the extent demonstration, training, and demonstrates sufficient leadership to which social norms support dissemination workshops; and other capability and capacity to efficiently postponing teen pregnancy; and (6) the means. and effectively use the resources extent to which teen services, 6. Participate in at least two requested. assistance, and opportunities are workshops with other recipients, CDC, D. Proposed Goals, Objectives, appealing, accessible, affordable, and CDC’s national partners for the Activities, and Evaluation (30 points) sufficiently intense, are in sufficient purposes of supporting the development The extent to which the applicant has quantity and duration, provide for of recipient community coalition submitted specific, measurable, adequate continuity in ‘‘care providers’’, partnership programs and developing realistic, goals and objectives that utilize and are known to teens throughout the strategies for nationwide replication of a systematic approach to reaching a community. effective programs. large proportion of teenagers in the community. Activities appear likely to b. Identifying effective intervention B. CDC Activities lead to the accomplishment of goals and methods and adapting them for use with objectives; proposed indicators of diverse groups of teens who live, study, 1. Provide consultation and technical program progress and effectiveness and/or work in the program’s assistance to recipients with respect to appear implementable, incorporate the community such that they build on the program activities. use of baseline information, and cultures of the teens; and preparing for 2. Facilitate the development of a represent accepted approaches to the use of these interventions in a national partnership between private program evaluation; the operational variety of community settings that might and public sector organizations in plan provides ample opportunity for the include, but are not limited to schools, support of community coalition involvement of coalition partners, after-school programs, youth clubs or partnership programs to prevent teen including teen councils and other teen organizations, clinical or social service pregnancy and related problems. 3. Coordinate the planning and groups, and proposes other appropriate settings, local media, communities of support of at least two planning, means of obtaining input from teens faith, work-sites that employ teens, and progress evaluation, demonstration, into the design and development of the community volunteer service programs. training, and/or dissemination Community Action Plan and program; c. Specifying criteria that will be used workshops together with recipients and there is evidence that proposed to identify teens who are at greatest risk national partners. intervention components are effective, of becoming pregnant or getting 4. Promote and collaborate in the and that they are well matched to the someone pregnant, and a systematic transfer and dissemination of diverse groups of teens targeted in the approach to using these criteria as a information, methods, and findings proposal; and efforts are proposed to means of linking teens to appropriate developed as part of this program. extend the use of effective small scale prevention services, assistance, and/or intervention approaches to a broader opportunities. Evaluation Criteria (Total of 100 Points) scale. d. Field testing intervention Applications will be reviewed and components and modifying the evaluated according to the following E. Program Management and Staffing components based on the results. criteria: Plan (5 points) e. Prioritizing the gaps in services, The extent to which the roles, A. Define Teen Pregnancy Problem and assistance, opportunities, and social responsibilities, lines of authority, and Current Prevention Efforts (25 points) norms that need to be addressed, as well approach to managing the coalition The extent to which the applicant as the groups of teens most in need. partners are described; staffing, job substantiates the community’s teen f. Developing a community action descriptions, organizational chart, and pregnancy problem and identifies target plan that establishes realistic objectives, resumes for proposed and current staff populations of teens to be reached partner roles, sources of sustainable indicate an ability to carry out the according to the level of risk of funding, coordination mechanisms, proposed program. approaches to targeting resources and pregnancy that is associated with their services, schedules for accomplishing living situation. The extent to which the F. Evidence of Partner Support (15 tasks and a delineation of applicant identifies gaps in current points) responsibilities, and plans for intervention components and The extent to which partners stipulate evaluating progress and indicators of demonstrates tangible, realistic potential in written letters of support and effectiveness. that the existing interventions can be agreement the delineation of 2. Provide a full-time position with effectively strengthened or improved. responsibilities, commitment of the responsibility, authority, B. Existing Coalition Program to resources, and a time frame for the professional training, and experience Prevent Teen Pregnancy (10 points) support of the coalition partnership needed for leadership and coordination The extent to which the existing program. These letters of support and of program activities among coalition coalition has a unified, well organized agreement should further describe the partners. effort that is focused on clear goals, leadership role played by the ‘‘hub’’ 3. Serve as liaison between the objectives, and activities related to the organization in the past and present coalition and its community partners, prevention of teen pregnancies; with respect to forging agreed upon and CDC and its national partners. represents the combined efforts of three goals, objectives, and operational plans; 4. Assess and document progress or more community organizations; providing direction and oversight to the made, and plan for the evaluation of provides appropriate support for current implementation of operational plans; Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Notices 36289 mobilizing community resources; and Number and Program Title should be review panel such as the one created by serving as the public relations referenced on the document. The the State health department’s HIV/AIDS representative for the coalition. granting agency does not guarantee to prevention program. If the recipient ‘‘accommodate or explain’’ for State or forms its own program review panel, at G. Sharing of Experience and tribal process recommendations it least one member must be an employee Information (5 points) receives after that date. (or a designated representative) of a Provide a written statement agreeing government health department Public Health Systems Reporting to share written program descriptions, consistent with the content guidelines. Requirements intervention protocols, evaluation The names of the review panel members protocols, coalition management This program is subject to the Public must be listed on the Assurance of methods, training materials, and other Health System Reporting Requirements. Compliance Form CDC 0.1113, which is useful tools and information through Under these requirements, all also included in the application kit. The CDC-sponsored workshops and other community-based nongovernmental recipient must submit the program approaches to dissemination, with other applicants must prepare and submit the review panel’s report that indicates all cooperative agreement recipients, CDC items identified below to the head of the materials have been reviewed and and its national partners, and other appropriate State and/or local health approved, this includes conference communities seeking to develop their agency(s) in the program area(s) that agendas. Before funds can be used to own teen pregnancy prevention may be impacted by the proposed obtain HIV/AIDS-related materials, partnership programs. project no later than the receipt date of determine whether suitable materials H. Budget and Accompanying the Federal application. The appropriate are already available at the CDC Justification (Not Weighted) State and/or local health agency is National AIDS Clearinghouse. determined by the applicant. The The extent to which the applicant following information must be Application Submission and Deadline provides a detailed, itemized budget, provided: The original and two copies of the with accompanying justification, that is a. A copy of the face page of the application PHS Form 5161–1 (Revised consistent with the stated objectives and application (SF 424). 7/92, OMB Control Number 0937–0189) planned program activities. b. A summary of the project that must be submitted to Clara M. Jenkins, Executive Order 12372 Review should be titled ‘‘Public Health System Grants Management Officer, Grants Impact Statement’’ (PHSIS), not exceed Management Branch, Procurement and Applications are subject to one page, and include the following: Intergovernmental Review of Federal Grants Office, Centers for Disease (1) A description of the population to Control and Prevention (CDC), 255 East Programs as governed by Executive be served; Order (E.O.) 12372. E.O. 12372 sets up Paces Ferry Road, NE., Room 314, Mail (2) A summary of the services to be Stop E–18, Atlanta, GA 30305, on or a system for State and local government provided; review of proposed Federal assistance before August 21, 1995. (3) A description of the coordination 1. Deadline: Applications shall be applications. Applicants (other than plans with the appropriate State and/or considered as meeting the deadline if federally recognized Indian tribal local health agencies. they are either: governments) should contact their State If the State and/or local health official (a) Received on or before the deadline Single Point of Contact (SPOC) as early should desire a copy of the entire date; or as possible to alert them to the application, it may be obtained from the (b) Sent on or before the deadline date prospective applications and receive State Single Point of Contact (SPOC) or and received in time for submission to any necessary instructions on the State directly from the applicant. the objective review group. (Applicants process. For proposed projects serving must request a legibly dated U.S. Postal more than one State, the applicant is Catalog of Federal Domestic Assistance Number Service postmark or obtain a legibly advised to contact the SPOC for each dated receipt from a commercial carrier affected State. A current list of SPOCs The Catalog of Federal Domestic or U.S. Postal Service. Private metered is included in the application kit. Indian Assistance Number is 93.283. postmarks shall not be acceptable as tribes are strongly encouraged to request Other Requirements proof of timely mailing.) tribal government review of the 2. Late Applications: Applications proposed application. If SPOCs or tribal Paperwork Reduction Act which do not meet the criteria in 1.(a) governments have any process Projects that involve the collection of or 1.(b) above are considered late recommendations on applications information from 10 or more individuals applications. Late applications will not submitted to CDC, they should forward and funded by the cooperative be considered in the current them to Clara M. Jenkins, Grants agreement will be subject to review by competition and will be returned to the Management Officer, Grants the Office of Management and Budget applicant. Management Branch, Procurement and (OMB) under the Paperwork Reduction Grants Office, Centers for Disease Act. Where to Obtain Additional Control and Prevention(CDC), 255 East Information Paces Ferry Road, NE., Atlanta, GA HIV/AIDS Requirements To receive additional written 30305. The due date for state process Recipients must comply with the information call (404) 332–4561. You recommendations is 30 days after the document entitled ‘‘Content of AIDS- will be asked to leave your name, application deadline date for new Related Written Materials, Pictorials, address, and phone number and will awards [the appropriation for these Audiovisuals, Questionnaires, Survey need to refer to Announcement Number awards was received late in the fiscal Instruments, and Educational Sessions’’ 547. You will receive a complete year and would not allow for an (June 15, 1992), a copy of which is program description, information on application receipt date which would included in the application kit. In application procedures, and application accommodate the 60 day State complying with the requirements for a forms. recommendation process within FY program review panel, recipients are If you have questions after reviewing 1995]. The Program Announcement encouraged to use an existing program the contents of all documents, business 36290 Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Notices management technical assistance may 1993, and provides general information and received comments are available for be obtained from Locke Thompson, on procedures and practices that may be public examination in the Dockets Grants Management Specialist, Grants useful to blood establishments in Management Branch (address above) Management Branch, Procurement and developing and administering a QA between 9 a.m. and 4 p.m., Monday Grants Office, Centers for Disease program. through Friday. Control and Prevention (CDC), 255 East DATES: Written comments may be FOR FURTHER INFORMATION CONTACT: Paces Ferry Road, NE., Room 314, Mail submitted at any time. Sharon A. Carayiannis, Center for Stop E–18, Atlanta, GA 30305, ADDRESSES: Submit written requests for Biologics Evaluation and Research telephone (404) 842–6595. single copies of the ‘‘Guideline for (HFM–635), Food and Drug Programmatic technical assistance may Quality Assurance in Blood Administration, 1401 Rockville Pike, be obtained from Michael E. Dalmat, Establishments’’ to the Congressional Rockville, MD 20852, 301–594–3074. Dr.P.H., Division of Reproductive and Consumer Affairs Branch (HFM– SUPPLEMENTARY INFORMATION: On Health, National Center for Chronic 12), Center for Biologics Evaluation and January 21 through 22, 1992, FDA Disease Prevention and Health Research, Food and Drug sponsored a public workshop on QA in Promotion, Centers for Disease Control Administration, 1401 Rockville Pike, the manufacture of blood and blood and Prevention (CDC), 4770 Buford suite 200 North, Rockville, MD 20852– products and provided a background Highway, NE., Mail Stop K–20, Atlanta, 1448, 301–594–1800. Send two self- information document on quality GA 30341–3724, telephone (404) 488– addressed adhesive labels to assist that assurance to all registrants. That 5136. office in processing your requests. workshop was announced in the Please refer to Announcement Persons with access to the INTERNET Federal Register on December 13, 1991 Number 547 when requesting may request the guideline be sent by (56 FR 65094). FDA developed the information and submitting an return E-mail by sending a message to ‘‘Draft Guideline for Quality Assurance application. ‘‘GDE—[email protected]’’. The in Blood Establishments,’’ dated June Potential applicants may obtain a guideline may also be obtained through 17, 1993, following the meeting, after copy of ‘‘Healthy People 2000’’ (Full INTERNET via File Transfer Protocol considering the discussions at the Report, Stock No. 017–001–00474–0) or (FTP). Requestors should connect to the workshop and comments received. FDA ‘‘Healthy People 2000’’ (Summary Center for Drug Evaluation and Research announced the availability of the draft Report, Stock No. 017–001–00473–1) (CDER) FTP using the FTP. The Center guideline in the Federal Register on referenced in the ‘‘Introduction’’ for Biologics Evaluation and Research July 2, 1993 (58 FR 35959), and solicited through the Superintendent of (CBER) documents are maintained in a comments. FDA has revised the draft Documents, Government Printing subdirectory called CBER on the server, guideline in response to public Office, Washington, DC 20402–9325, ‘‘CDV2.CBER.FDA.GOV’’. The comment. The revisions are minor and telephone (202) 512–1800. ‘‘READ.ME’’ file in that subdirectory intended to clarify the document. This Dated: July 10, 1995. describes the available documents, guideline, dated July 14, 1995, provides Arthur C. Jackson, which may be available as an ASCII text general information on procedures and Associate Director for Management and file (*.TXT), or a WordPerfect 5.1 practices and may be useful to blood Operations, Centers for Disease Control And document (*.w51), or both. A sample establishments in developing and Prevention (CDC). dialogue for obtaining the READ.ME file administering a QA program. [FR Doc. 95–17415 Filed 7–13–95; 8:45 am] with a test based FTP program would To ensure the continued safety of the BILLING CODE 4163±18±P be: nation’s blood supply, it is essential that FTP CDV2.CBER.FDA.GOV blood establishments implement LOGIN ANONYMOUS effective control over manufacturing Food and Drug Administration A sixth commenter recommended that services to refugees according to a numbers of Cubans are being admitted counties which administer FPP specific order of priority. Under the new makes it more important and programs be allowed 15 percent for rule, unemployed refugees who are not appropriate, not less appropriate, that administrative costs and that States be receiving cash assistance will be the States have plans for serving this allowed no more than 5 percent for third priority group after new arrivals population. Finally, because 34 States administrative costs. and cash assistance recipients. have already met the requirement for Response: In consideration of the Comment: One commenter suggested having approved State plans, we do not comments, we have included leadership that the notice include, in addition to believe the requirement for a State plan development training as an allowable the provision for developing a service impedes this population’s access to activity under the FPP set-aside, plan for refugees accessing ORR-funded services. For these reasons, we do not including the costs of travel and services, a requirement that States intend to abolish the requirement for an attendance of FPP leadership at FPP ensure a case management system in approved State plan for this population. conferences and meetings. Leadership which the service plan’s objectives are Comment: One commenter training should focus on enabling closely monitored and coordinated recommended that the formula for participants to continue the activities within the service delivery community. allocating social service funds should be that were begun under this program Response: We agree that case more flexible in order to accommodate after ORR funding ends. management services are important to unanticipated arrivals that represent an Although we encourage coordination coordinate and monitor the objectives of impact on the current year’s funding and collaboration between service a client service plan. Therefore, we allocation. The commenter suggested providers with regard to both planning strongly encourage States to provide that there should be an automatic, the design of services and coordinating such services. However, we do not formulated adjustment made to States’ referrals, we do not believe that the last believe case management services allocations when arrivals in the current year of the FPP set-aside is an should be imposed on States as a year greatly exceed the pattern of the appropriate time to introduce a new mandatory requirement; we believe previous three years. requirement. instead that States should have the Response: As the notice states, the Regarding the distribution of flexibility to make their own service allocation formula used for social administrative costs between county choices, based on local circumstances. service funds is required by the and State, we have no specific guidance Comment: One commenter observed Immigration and Nationality Act (INA). regarding this issue and believe this is that the notice included the requirement Section 412(c)(1)(B) of the INA states an issue that needs to be resolved that States must have an approved State that social service funds ‘‘* * * shall be between the county and the State. plan for the Cuban/Haitian Entrant allocated among the States based on the Comment: One commenter suggested program in order to use ORR funds to total number of refugees (including that the notice be clarified to state that provide services to entrants. The children and adults) who arrived in the social service funds may be used to commenter suggested that the United States not more than 36 months provide services to unemployed distinction and the additional plan are before the beginning of such fiscal year refugees who are not receiving cash no longer appropriate. With larger and who are actually residing in each assistance as long as refugees who are numbers of Cubans being admitted, the State (taking into account secondary receiving cash assistance are given commenter indicated an expectation migration) as of the beginning of the priority for services. The commenter that Cubans will be placed in more fiscal year.’’ No change, therefore, can suggested that States should be required States than was previously the case; be made to the formula for allocating to provide services to refugees not some of these States will have little or social service funds without a statutory receiving cash assistance as a way to no tradition of receiving this change. keep these refugees from needing to population. The commenter suggested It should also be noted that, when access welfare. that access to services for Cubans and arrivals in a State greatly exceed the Response: We believe that the notice Haitians should be facilitated regardless pattern of the previous three years, the is clear that social service funds may be of whether the State in which they are higher number of arrivals is used to provide services to unemployed placed does or does not have an incorporated in the next year’s formula. refugees who are not receiving cash approved plan. A State with high numbers of assistance. The notice, under the section Response: In order to provide services unanticipated arrivals receives an ‘‘Population to be Served,’’ states that to Cuban and Haitian entrants, a State allocation in the next year that is ‘‘[w]hile 45 CFR 400.147(b) requires that must either have a separate Cuban/ proportionately higher than it would in providing employability services, a Haitian entrant program State plan or otherwise have been. The formula does, State must give priority to a refugee who indicate in its refugee program State therefore, accommodate, as quickly as is receiving cash assistance, social plan that Cuban and Haitian entrants possible within statutory limitations, service programs should not be limited will be served. According to our the impact of unanticipated arrivals. exclusively to refugees who are cash records, 34 States now have approved Furthermore, ORR makes available assistance recipients.’’ State plans to provide services to Cuban discretionary grants to States to fund As the wording indicates, States may, and Haitian entrants. An additional social services for large numbers of and are encouraged to, provide services three States, which are not participating unanticipated arrivals for whom the to unemployed refugees who are not in the refugee program, have privately existing social service system cannot receiving cash assistance. However, administered refugee program projects respond adequately because available States are not required to provide which can serve Cuban and Haitian ORR funding is already committed. This services to such refugees. States are entrants. program is intended to provide a bridge required only to give priority in The requirement for a plan helps to between the increased need for services providing services to refugees who are ensure both that States are prepared to that results from increases in arrivals receiving cash assistance. provide appropriate services to entrants and the time when a State will have Effective October 1, 1995, however, in and that they are prepared for increased incorporated services for these new keeping with provisions in the final numbers of entrants. We believe, arrivals into their existing social service rule, States will be required to provide therefore, that the fact that larger funded network. This program, by Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Notices 36297 providing funding for the types of voluntary agencies, in formulating State counter to the Federal commitment to activities generally funded by States social service plans. The final rule that provide a program of assistance and under their social services formula was published on June 28, 1995, services to refugees throughout the allocation, mitigates against any adverse contains a provision that would require country. effect on States that the statutorily States to develop annual service plans Comment: One commenter requested mandated social service allocation on the basis of a local consultative that the population floor for States formula might otherwise have when process, effective October 1, 1995. receiving allocations from the States experience unanticipated arrivals Comment: Two commenters made discretionary funds set-aside for or increases in arrivals to communities comments regarding State services to former political prisoners be where adequate services may not exist. administrative costs. One commenter lowered from 320 FPP arrivals to 300 Comment: Two commenters objected to unlimited State FPP arrivals. addressed the issue of ORR’s use of 15 administrative costs for social services. Response: In response to this percent of social service funds for The commenter recommended capping comment, we have decided to lower the discretionary grants. One commenter administrative costs at 5 percent for any population floor to 300 former political expressed opposition to the use of 15% State receiving more than $12 million in prisoners. In the notice of proposed discretionary funds to non-impacted social service funds and allowing allocations we stated that we did not counties and States and recommended counties a maximum of 15 percent for intend to make FPP allocations to States that these funds be distributed by administrative costs. Another with fewer than 320 FPPs because we formula to impacted areas. One commenter recommended that ORR believed the resulting level of funding commenter recommended that States consider ways to eliminate unnecessary would be insignificant. In reducing the should have a role in the development administrative costs and suggested that floor in response to this comment, and selection of projects to be funded one approach might be to limit the however, we have taken into using discretionary funds. The amount a State can charge for the consideration that the only State commenter also suggested that there administration of the refugee program. requesting a change in the floor received should be greater lead time allowed for Response: Since the statute does not an allocation for an FPP program in the development of proposals, that the specify a limitation on the amount of previous years. We also took into criteria by which proposals are social service funds that can be used for consideration that, in a small State evaluated should be meaningful, and administrative costs, we have not receiving a relatively small social that the criteria should incorporate imposed a limit on States, choosing service allocation, 300 or more FPPs input from the States involved. instead to allow States to make that might have a more significant impact on Response: We continue to believe that determination. In regard to the services than would be the case in a it is necessary to maintain a portion of percentage of funds that counties may larger State with a larger social services social service funds for discretionary use for administrative costs, this is an allocation. use in order to carry out national issue that needs to be resolved between initiatives and special projects that county and State, not ORR. All costs III. Allocation Formula respond to changing needs and must meet Federal grant requirements. Of the funds available for FY 1995 for circumstances in the refugee program. Regarding the suggestion that ORR social services, $68,681,700 is allocated Regarding more State involvement in consider limiting the amount a State to States in accordance with the formula discretionary funding, since States are may charge for the administration of the specified below. A State’s allowable frequently competitors for ORR refugee program in general, States are allocation is calculated as follows: discretionary funds, along with other reimbursed 100%, under current 1. The total amount of funds applicants, it is not possible to involve regulations, for reasonable and determined by the Director to be States in funding decisions without necessary identifiable administrative available for this purpose; divided by— creating a conflict of interest, a violation costs of providing assistance and 2. The total number of refugees and of Federal grant rules. We fully agree services in the refugee program. Under Cuban/Haitian entrants who arrived in that sufficient lead time is necessary to the final rule published on June 28, the United States not more than 3 years allow refugee community groups 1995, ORR will review the issue of what prior to the beginning of the fiscal year adequate time to develop proposals. We constitutes reasonable and allowable for which the funds are appropriated are committed to improving the process administrative costs in the refugee and the number of Amerasians from each year to allow as much lead time as program and, if needed, develop Vietnam eligible for refugee social possible for potential applicants. We guidelines defining reasonable and services, as shown by the ORR Refugee also agree that the use of meaningful allowable costs in consultation with Data System. The resulting per capita evaluation criteria is essential for the States. We do not intend, however, to amount will be multiplied by— review of grant applications. While we impose a cap on what a State may 3. The number of persons in item 2, believe such evaluation criteria are charge in administrative costs. above, in the State as of October 1, 1994, already included in our grant Comment: One commenter objected to adjusted for estimated secondary announcements, we would welcome the allotment of a floor amount of social migration. specific suggestions for evaluation service funds to States with small The calculation above yields the criteria that States and other interested refugee populations. In particular, the formula allocation for each State. parties may have for use in the future. commenter suggested that States with Minimum allocations for small States Comment: One commenter suggested less than 1,000 refugees should not be are taken into account. that ORR reiterate in the notice its included in the allocation. Allocations for political prisoners are expectation that States consider the Response: We do not concur with the based on FY 1994 arrival numbers for views of local providers, including commenter’s suggestion that States with this group in each State from the voluntary agencies, in formulating State less than 1,000 refugees should not Refugee Data Center and are limited to social service plans. receive a funding allocation. If we States with 300 or more political Response: We concur with the implemented this suggestion, 15 States prisoner arrivals. We have limited the commenter that States should consider would not receive social service population base to FY 1994 political the views of local providers, including funding. Such a policy would run prisoner arrival numbers because these 36298 Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Notices funds are intended to serve recent and on the numbers of entrants who Estimates were developed separately arrivals. We have not included States arrived or were resettled, during the for refugees and entrants and then with fewer than 300 former political preceding three fiscal years: 1992, 1993, combined into a total estimated 3-year prisoners in the political prisoner and 1994, based on final arrival data by refugee/entrant population for each allocations formula in order to ensure State. Therefore, estimates have been State. Eligible Amerasians are included that the resulting level of funding for developed of the numbers of refugees in the refugee figures. each State receiving funds is sufficient and entrants with arrival or resettlement Table 1, below, shows the estimated to provide effective employment- dates between October 1, 1991, and oriented programs to assist FPPs. In September 30, 1994, who are thought to 3-year populations, as of October 1, States with fewer than 300 FPPs, we be living in each State as of October 1, 1994, of refugees (col. 1), entrants (col. believe the small number of political 1994. Refugees admitted under the 2), and total refugees and entrants (col. prisoners could be adequately served Federal Government’s private-sector 3); the formula amounts which the under the State’s refugee social services initiative are not included, since their population estimates yield (col. 4); and program. assistance and services are to be the allocation amounts after allowing for provided by the private sponsoring the minimum amounts (col. 5). Table 1 IV. Basis of Population Estimates organizations under an agreement with also shows the number of former The population estimates for the the Department of State. political prisoner arrivals in FY 1994 allocation of funds in FY 1995 are based The estimates of secondary migration (col. 6); and the allocation amounts for on data on refugee arrivals from the were based on data submitted by all services to this population (col. 7). ORR Refugee Data System, adjusted as participating States on Form ORR–11 on of October 1, 1994, for estimated secondary migrants who have resided in V. Allocation Amounts secondary migration. The data base the U.S. for 36 months or less, as of Funding subsequent to the includes refugees of all nationalities, September 30, 1994. The total migration publication of this notice will be Amerasians from Vietnam, and Cuban reported by each State was summed, and Haitian entrants. yielding in- and out-migration figures contingent upon the submittal and For fiscal year 1995, ORR’s formula and a net migration figure for each State. approval of a State annual services plan, allocations for the States for social The net migration figure was applied to as required by 45 CFR 400.11(b)(2). The services are based on the numbers of the State’s total arrival figure, resulting following amounts are allocated for refugees and Amerasians who arrived, in a revised population estimate. refugee social services in FY 1995: TABLE 1.ÐESTIMATED 3-YEAR REFUGEE/ENTRANT POPULATIONS OF STATES PARTICIPATING IN THE REFUGEE PROGRAM AND SOCIAL SERVICE FORMULA AMOUNTS AND ALLOCATIONS FOR FY 1995; AND FORMER POLITICAL PRISONER AR- RIVALS AND ALLOCATIONS FOR FY 1995. Former politi- cal prisoner Former politi- State Refugees Entrants Total Formula Allocation arrivals from cal prisoner population amount Vietnam in allocation FY 1994 (1) (2) (3) (4) (5) (6) (7) Alabama ...... 746 22 768 $133,380 $133,380 18 $0 Alaska a ...... 143 1 144 25,009 75,000 23 0 Arizona ...... 3,692 158 3,850 668,638 668,638 292 0 Arkansas ...... 303 1 304 52,796 94,113 84 0 California b ...... 89,172 692 89,864 15,606,873 15,606,873 11,760 871,014 Colorado ...... 3,874 3 3,877 673,327 673,327 360 26,664 Connecticut ...... 3,348 131 3,479 604,205 604,205 158 0 Delaware ...... 132 12 144 25,009 75,000 5 0 Dist. of Columbia ...... 1,874 3 1,877 325,983 325,983 274 0 Florida ...... 12,686 26,102 38,788 6,736,395 6,736,395 651 48,217 Georgia ...... 9,366 85 9,451 1,641,375 1,641,375 1,768 130,948 Hawaii ...... 956 0 956 166,031 166,031 175 0 Idaho ...... 998 4 1,002 174,019 174,019 87 0 Illinois ...... 13,534 141 13,675 2,374,967 2,374,967 522 38,662 Indiana ...... 1,137 12 1,149 199,549 199,549 55 0 Iowa ...... 3,120 2 3,122 542,204 542,204 315 23,331 Kansas ...... 2,240 4 2,244 389,720 389,720 355 26,293 Kentucky c ...... 1,890 28 1,918 333,103 333,103 202 0 Louisiana ...... 2,276 110 2,386 414,382 414,382 451 33,404 Maine ...... 574 0 574 99,688 100,000 0 0 Maryland ...... 7,988 81 8,069 1,401,361 1,401,361 347 25,701 Massachusetts ...... 11,413 357 11,770 2,044,121 2,044,121 780 57,771 Michigan ...... 7,766 39 7,805 1,355,511 1,355,511 332 24,590 Minnesota ...... 9,490 2 9,492 1,648,496 1,648,496 464 34,367 Mississippi ...... 128 8 136 23,619 75,000 38 0 Missouri ...... 5,278 18 5,296 919,768 919,768 371 27,478 Montana ...... 154 0 154 26,746 75,000 3 0 Nebraska ...... 1,880 0 1,880 326,504 326,504 354 26,219 Nevada c ...... 703 470 1,173 203,717 203,717 9 0 New Hampshire ...... 579 0 579 100,556 100,556 197 0 New Jersey ...... 7,357 761 8,118 1,409,870 1,409,870 266 0 Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Notices 36299 TABLE 1.ÐESTIMATED 3-YEAR REFUGEE/ENTRANT POPULATIONS OF STATES PARTICIPATING IN THE REFUGEE PROGRAM AND SOCIAL SERVICE FORMULA AMOUNTS AND ALLOCATIONS FOR FY 1995; AND FORMER POLITICAL PRISONER AR- RIVALS AND ALLOCATIONS FOR FY 1995.ÐContinued Former politi- cal prisoner Former politi- State Refugees Entrants Total Formula Allocation arrivals from cal prisoner population amount Vietnam in allocation FY 1994 (1) (2) (3) (4) (5) (6) (7) New Mexico ...... 1,143 604 1,747 303,405 303,405 95 0 New York ...... 70,088 1,010 71,098 12,347,742 12,347,742 534 39,551 North Carolina ...... 3,051 23 3,074 533,868 533,868 314 23,257 North Dakota ...... 1,150 0 1,150 199,723 199,723 26 0 Ohio ...... 6,035 46 6,081 1,056,100 1,056,100 179 0 Oklahoma ...... 1,379 3 1,382 240,015 240,015 348 25,775 Oregon ...... 5,831 91 5,922 1,028,486 1,028,486 783 57,994 Pennsylvania ...... 11,016 100 11,116 1,930,540 1,930,540 360 26,664 Rhode Island ...... 934 11 945 164,120 164,120 12 0 South Carolina ...... 488 2 490 85,099 100,000 113 0 South Dakota ...... 765 0 765 132,859 132,859 8 0 Tennessee ...... 3,395 32 3,427 595,174 595,174 262 0 Texas ...... 17,519 523 18,042 3,133,393 3,133,393 3,248 240,566 Utah ...... 1,609 0 1,609 279,438 279,438 220 0 Vermont ...... 733 0 733 127,302 127,302 73 0 Virginia ...... 6,056 32 6,088 1,057,316 1,057,316 676 50,068 Washington ...... 19,424 1 19,425 3,373,581 3,373,581 1,910 141,466 West Virginia ...... 63 0 63 10,941 75,000 0 0 Wisconsin ...... 5,986 5 5,991 1,040,470 1,040,470 20 0 Wyoming ...... 6 0 6 1,042 75,000 0 0 Total ...... 361,468 31,730 393,198 $68,287,536 $68,681,700 29,897 $2,000,000 a The Alaska allocation has been awarded for a Wilson/Fish demonstration project. b A portion of the California allocation is expected to be awarded to continue a Wilson/Fish project in San Diego. c The allocation for Kentucky and Nevada is expected to be awarded to continue a Wilson/Fish project. VI. Paperwork Reduction Act revision will reflect OAR’s broadened ICDs; (6) evaluates NIH HIV/AIDS responsibilities as mandated by the NIH research programs developed for the This notice does not create any Revitalization Act of 1993 (Pub. L. 103– strategic plan and carried out by the reporting or recordkeeping requirements 43). ICDs; (7) administers a discretionary requiring OMB clearance. Section HN–B, Organization and fund for the support, through the ICDs, [Catalog of Federal Domestic Assistance No. Functions, is amended as follows: of AIDS research; (8) advises the NIH 93.566 Refugee Assistance—State Director and senior staff on the Administered Programs] Under the heading Office of the Director, NIH(HNA), Office of AIDS development of NIH-wide policy issues Dated: July 5, 1995. Research (HNA5), delete the functional related to AIDS research, and serves as Lavinia Limon, statement in its entirety and insert the principal liaison with other agencies of Director, Office of Refugee Resettlement. following: the PHS, DHHS, Federal Government, [FR Doc. 95–17338 Filed 7–13–95; 8:45 am] Office of AIDS Research (HNA5). (1) and the Office for National AIDS Policy; BILLING CODE 4184±01±P Develops a comprehensive strategic (9) represents the NIH Director on all plan that identifies and establishes outside AIDS-related committees requiring NIH participation; (10) Public Health Service objectives, priorities, and policy statements governing the conduct and provide staff support to the OAR National Institutes of Health; Statement support of all NIH AIDS research Advisory Council, NIH AIDS Executive of Organization, Functions, and activities; (2) develops and presents to Committee, and the Coordinating Delegations of Authority OMB and the President an annual Committees for each AIDS research scientifically justified budget estimate discipline at NIH; (11) develops policy Part H, Chapter HN (National for NIH AIDS-related research activities; on laboratory safety for AIDS Institutes of Health) of the Statement of (3) submits an alternate AIDS budget to researchers and monitors the AIDS Organization, Functions, and the Secretary, DHHS, and the Director, surveillance program; (12) develops and Delegations of Authority for the NIH, in accordance with the strategic maintains an information data base on Department of Health and Human plan; (4) receives and disburses all intramural/extramural AIDS activities Services (40 FR 22859, May 27, 1975, as appropriated funds for NIH AIDS and prepares special or recurring reports amended most recently at 60 FR 8410, research activities to the NIH Institutes, as needed; (13) develops information February 14, 1995) is amended to reflect Centers, and Divisions (ICDs) in strategies to assure that the public is the revision of the functional statement accordance with the strategic plan; (5) informed of NIH AIDS research of the Office of AIDS Research (OAR) directs the planning, coordination, and activities; (14) recommends solutions to within the Office of the Director, integration of all AIDS research issues arising from NIH intramural/ National Institutes of Health (NIH). This activities across and throughout the NIH extramural AIDS research; (15) 36300 Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Notices facilitates collaboration in AIDS These properties reviewed are listed 800–927–7588 for detailed instructions research between government, industry, as suitable/available and unsuitable. In or write a letter to David J. Pollack at the and universities; and (16) fosters and accordance with the Pryor Act address listed at the beginning of this develops plans for NIH involvement in Amendment the suitable properties will Notice. Included in the request for international AIDS research activities. be made available for use to assist the review should be the property address Dated: July 5, 1995. homeless. (including zip code), the date of Properties listed as suitable/available Donna E. Shalala, publication in the Federal Register, the will be available exclusively for landholding agency, and the property Secretary. homeless use for a period of 60 days number. [FR Doc. 95–17308 Filed 7–13–95; 8:45 am] from the date of this Notice. Please be For more information regarding BILLING CODE 4140±01±M advised, in accordance with the particular properties identified in this provisions of the Pryor Act Amendment, Notice (i.e., acreage, floor plan, existing that if no expressions of interest or sanitary facilities, exact street address), DEPARTMENT OF HOUSING AND applications are received by the providers should contact the URBAN DEVELOPMENT Department of Health and Human appropriate landholding agencies at the Services (HHS) during the 60 day following addresses: U.S. Air Force: Office of the Assistant Secretary for period, these properties will no longer John Carr, Realty Specialist, HQ– Community Planning and be available for use to assist the AFBDA/BDR, Pentagon, Washington, Development homeless. In the case of buildings and DC 20330–5130; (703) 696–5581; (This [Docket No. N±95±1917; FR±3778±N±45] properties for which no such notice is is not a toll-free number). received, these buildings and properties Dated: July 7, 1995. Federal Property Suitable as Facilities shall be available only for the purpose to Assist the Homeless of permitting a redevelopment authority Jacquie M. Lawing, to express in writing an interest in the Deputy Assistant Secretary for Economic AGENCY: Office of the Assistant use of such buildings and properties. Development. Secretary for Community Planning and These buildings and properties shall be Title V, Federal Surplus Property Development HUD. available for a submission by such Program Federal Register Report for 07/ ACTION: Notice. redevelopment authority exclusively for 14/95 one year. Buildings and properties SUMMARY: This Notice identifies Suitable/Available Properties unutilized, underutilized, excess, and available for a redevelopment authority surplus Federal property reviewed by shall not be available for use to assist BUILDINGS (by State) HUD for suitability for possible use to the homeless. If a redevelopment California assist the homeless. authority does not express an interest in 9 Dormitories the use of the buildings or properties or ADDRESSES: For further information, Mather Air Force Base commence the use of buildings or contact David J. Pollack, room 7262, Sacramento Co: Sacramento CA 95655- properties within the applicable time Landholding Agency: Air Force–BC Department of Housing and Urban period such buildings and properties Property Number: 199530001 Development, 451 Seventh Street SW, shall then be republished as properties Status: Pryor Amendment Washington, DC 20410; telephone (202) available for use to assist the homeless Base closure Number of Units: 9 708–1234; TDD number for the hearing- Comment: 14754–25693 sq. ft., Bldgs. 1210. pursuant to Section 501 of the Stewart 1214, 1216, 1218, 1220, 1222, 1224, 1234 and speech-impaired (202) 708–2565 B. McKinney Homeless Assistance Act. (these telephone numbers are not toll- and 2750 Homeless assistance providers 2 Dining Facilities free), or call the toll-free Title V interested in any such property should information line at 1–800–927–7588. Mather Air Force Base send a written expression of interest to Sacramento Co: Sacramento CA 95655- SUPPLEMENTARY INFORMATION: In HHS, addressed to Judy Breitman, Landholding Agency: Air Force–BC accordance with sections 2905 and 2906 Division of Health Facilities Planning, Property Number: 199530002 of the National Defense Authorization U.S. Public Health Service, HHS, room Status: Pryor Amendment Act for Fiscal Year 1994, Pub. L. 103– 17A–10, 5600 Fishers Lane, Rockville, Base closure Number of Units: 2 160 (Pryor Act Amendment) and with MD 20857; (301) 443–2265. (This is not Comment: 14955 & 32886 sq. ft., Bldgs. 1226 56 FR 23789 (May 24, 1991) and section a toll-free number.) HHS will mail to the and 2774 501 of the Stewart B. McKinney interested provider an application 4 Offices Homeless Assistance Act (42 U.S.C. packet, which will include instructions Mather Air Force Base 11411), as amended, HUD is publishing Sacramento Co: Sacramento CA 95655- for completing the application. In order Landholding Agency: Air Force–BC this Notice to identify Federal buildings to maximize the opportunity to utilize a Property Number: 199530003 and other real property that HUD has suitable property, providers should Status: Pryor Amendment reviewed for suitability for use to assist submit their written expressions of Base closure Number of Units: 4 the homeless. The properties were interest as soon as possible. For Comment: 6064–25693 sq. ft., Bldgs. 1228, reviewed using information provided to complete details concerning the 1230, 1236 and 3860 HUD by Federal landholding agencies processing of applications, the reader is 6 Classrooms regarding unutilized and underutilized encouraged to refer to the interim rule Mather Air Force Base buildings and real property controlled governing this program, 56 FR 23789 Sacramento Co: Sacramento CA 95655- by such agencies or by GSA regarding (May 24, 1991). Landholding Agency: Air Force–BC its inventory of excess or surplus Properties listed as unsuitable will Property Number: 199530004 Status: Pryor Amendment Federal property. This Notice is also not be made available for any other Base closure Number of Units: 6 published in order to comply with the purpose for 20 days from the date of this Comment: 5877–29816 sq. ft., Bldgs. 2785, April 21, 1993 Court Order in National Notice. Homeless assistance providers 2860, 2880, 3750, 3785 and 3875 Coalition for the Homeless v. Veterans interested in a review by HUD of the Bldg. 2890 Administration, No. 88–2503–OG determination of unsuitability should Mather Air Force Base (D.D.C.). call the toll free information line at 1– Sacramento Co: Sacramento CA 95655- Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Notices 36301 Landholding Agency: Air Force–BC SUPPLEMENTARY INFORMATION: In 708–2866, or (202) 708–4594 (TDD). Property Number: 199530005 anticipation of the next round of (These are not toll-free numbers.) Status: Pryor Amendment funding under the Fair Housing SUPPLEMENTARY INFORMATION: This Base closure Number of Units: 1 Initiatives Program, the Department is Comment: 8642 sq. ft., most recent use— redelegation is consistent with HUD’s photo lab holding a public meeting to invite and field reorganization in which local field consider comment from potential Bldg. 2898 offices have been given greater authority Mather Air Force Base applicants, prior grantees and to operate HUD programs. It is issued in Sacramento Co: Sacramento CA 95655- applicants, and any other interested accordance with HUD policy as recently Landholding Agency: Air Force–BC parties, on the administration of FHIP reaffirmed by the issuance of Notice H Property Number: 199530006 funding. The meeting will be held on 95–38 (HUD). HUD’s policy is that Status: Pryor Amendment Friday, July 21, 1995, at 1 pm., in Room sponsors of Section 202 and 811 Base closure Number of Units: 1 5202, Department of Housing and Urban projects may receive approval from Comment: 2452 sq. ft., most recent use— Development, 451 Seventh Street, SW., HUD to obtain secondary financing. In vehicle maintenance Washington, DC 20410. Visitors must order to expedite the handling of Bldg. 3790 enter the building from the South requests and delivery of services, the Mather Air Force Base Entrance and must have a photo ID to authority to approve the secondary Sacramento Co: Sacramento CA 95655- be admitted. Landholding Agency: Air Force–BC financing from public bodies is being Property Number: 199530007 The Department is especially redelegated to the Multifamily Housing Status: Pryor Amendment interested in comments on the Director for each local field office. Prior Base closure Number of Units: 1 application procedures for funding in to approving such secondary financing Comment: 4598 sq. ft., most recent use— general, and on the content of FHIP from public bodies, the Multifamily child care center Notices of Funding Availability Housing Director shall insure that the Bldg. 3800 (NOFAs) in particular. The Department Assistant General Counsel for the Mather Air Force Base will consider the comments made at this geographical area has determined that Sacramento Co: Sacramento CA 95655- public meeting when it formulates plans the secondary financing documents are Landholding Agency: Air Force–BC for the disposition of funds legally acceptable. Property Number: 199530008 appropriated for Fiscal Year 1996. Status: Pryor Amendment Accordingly, the Assistant Secretary Base closure Number of Units: 1 Dated: July 10, 1995. for Housing—Federal Housing Comment: 7021 sq. ft., most recent use—gym. Elizabeth K. Julian, Commissioner redelegates authority as follows: [FR Doc. 95–17223 Filed 7–13–95; 8:45 am] Acting Deputy Assistant Secretary for Policy and Initiatives, Fair Housing and Equal Section A. Authority Redelegated BILLING CODE 4210±29±M Opportunity. [FR Doc. 95–17246 Filed 7–13–95; 8:45 am] The authority to approve secondary financing from public bodies for BILLING CODE 4210±28±P Office of the Assistant Secretary for projects, under Section 202 of the Fair Housing and Equal Opportunity Housing Act of 1959, 12 U.S.C. 1701q, [Docket No. FR±3776±N±02] Office of the Assistant Secretary for and Section 811 of the Cranston- HousingÐFederal Housing Gonzalez National Affordable Housing Notice of Public Meeting on the Fair Commissioner Act, 41 U.S.C. 8013, is redelegated to Housing Initiatives Program the Multifamily Housing Director for each local field office. AGENCY: Office of the Assistant [Docket No. FR±3934±D±01] Secretary for Fair Housing and Equal Authority: Sec. 7(d) of the Department of Opportunity, HUD. Redelegation of Authority Housing and Urban Development Act, (42 U.S.C. 3535(d)). ACTION: AGENCY: Notice of public meeting on the Office of the Assistant Dated: June 30, 1995. Fair Housing Initiatives Program (FHIP). Secretary for Housing—Federal Housing Nicolas P. Retsinas, Commissioner, HUD. SUMMARY: This Notice invites interested Assistant Secretary for Housing—Federal ACTION: Notice of redelegation of parties to attend a public meeting to Housing Commissioner. authority. comment on the Department’s [FR Doc. 95–17283 Filed 7–13–95; 8:45 am] administration of FHIP funding. SUMMARY: In this notice, the Assistant BILLING CODE 4210±27±M DATES: The public meeting will be held Secretary for Housing—Federal Housing on Friday, July 21, 1995, at 1 pm. Commissioner redelegates authority to ADDRESSES: Interested persons are the Multifamily Housing Director for DEPARTMENT OF THE INTERIOR each HUD local field office to approve invited to attend in Room 5202, Bureau of Land Management Department of Housing and Urban secondary financing from public bodies, Development, 451 Seventh Street SW., under Section 202 of the Housing Act of [CA±060±04±5440±10±B026] Washington, DC 20410. 1959, 12 U.S.C. 1701q, and under Mesquite Regional Class III Landfill; FOR FURTHER INFORMATION CONTACT: Section 811 of the Cranston-Gonzalez Notice of Availability Maxine Cunningham, Director, Office of National Affordable Housing Act, 42 U.S.C. 8013. Fair Housing Initiatives and Voluntary AGENCY: Bureau of Land Management, Programs, Room 5234, 451 Seventh EFFECTIVE DATE: June 30, 1995. Interior. Street SW., Washington, DC 20410– FOR FURTHER INFORMATION CONTACT: ACTION: Notice of availability. 2000. Telephone number (202) 708– Aretha Williams, Office of Elderly and 0800. A telecommunications device Assisted Housing, Room 6116, U.S. SUMMARY: Notice is hereby given that a (TDD) for hearing and speech impaired Department of Housing and Urban joint Final Environmental Impact persons is available at (202) 708–0455. Development, 451 Seventh Street, SW, Statement and Environmental Impact (These are not toll-free numbers.) Washington, DC 20410, telephone (202) Report (EIS/EIR) has been prepared by 36302 Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Notices the Bureau of Land Management and the materials from originating Dated: June 23, 1995. County of Imperial for the proposed transportation operations (in accordance G. Ben Koski, Mesquite Regional Class III Landfill. with AB939) would also be provided. Area Manager. The proposed federal action analyzes The proposed project would involve [FR Doc. 95–16778 Filed 7–13–95; 8:45 am] the environmental effects of a land 4,250 acres, of which 2,290 acres would BILLING CODE 4310±40±P exchange for approximately 1,750 acres, be utilized for the landfill footprint and rights of way for a railroad spur and a gas pipeline plus an amendment to the ancillary facilities. The proposed [AZ±024±05±1430±01; AZA±12731] California Desert Conservation Area landfill is designed to accommodate up Plan. to 600 million tons of MSW residue and Notice of Realty Action; Recreation The Draft EIS/EIR was released on would have an operational life of 100 and Public Purposes (R&PP) Act April 8, 1994, with a 90 day public years. MSW would be collected from Classification; Arizona population centers in Southern review period. Two public hearings AGENCY: Bureau of Land Management, were held during the public comment California, including Imperial County, Interior. period to receive verbal testimony by local collection vehicles and taken to ACTION: Notice. regarding the Draft document’s existing or future transfer stations/ adequacy or accuracy. The first hearing material recovery facilities (MRFs) SUMMARY: The following public lands in was held at 7 p.m. PDT, Wednesday, where it would be sorted and processed Maricopa County, Arizona, have been May 25, 1994, at the El Centro to remove recyclables, hazardous examined and found suitable for Community Center, 375 South First materials, and other unacceptable classification for conveyance to the Deer Street, El Centro, California 92243. The wastes in accordance with AB939. From Valley Unified School District under the second hearing was held at 7 p.m. PDT, these locations, MSW residue would be provisions of the Recreation and Public Thursday, May 26, 1994, at the Desert transferred to railroad loading Purposes Act, as amended (43 U.S.C. Expo Center, Fine Arts Building, 46–350 intermodals where it would be loaded 869, et seq.). The Deer Valley Unified Arabia Street, Indio, California 92201. for rail haulage to the Mesquite Regional School District proposes to use the Written comments were accepted Landfill project site. Truck transfer of lands for a school facility and through July 6, 1994. Responses to all community recreational facilities. public comments and statements given Imperial County MSW residue could at the various public hearings are also occur (based on future decisions Gila and Salt River Meridian, Arizona included as part of the Final EIS/EIR. made by local officials) after processing T. 5 N., R. 3 E., Public comments were considered at local transfer stations/MRFs. The Sec. 12, lots 6, 7, 11, 14, 15, 16, 18, 19, during preparation of the Final EIS/EIR. estimated rate of growth of daily MSW NE1⁄4 SW1⁄4 NW1⁄4, NW1⁄4 SE1⁄4 NW1⁄4. DATES: For Public Comments: A 30-day volumes would be 4,000 tons per day Containing 60.10 acres more or less. (tpd) for Year 1 of operations, increasing public review period has been The lands are not needed for Federal established for this document. Written up to 20,000 tpd after Year 7. The purposes. Conveyance of these lands is comments concerning the adequacy or estimated daily number of trains that consistent with current BLM land use accuracy of the Final EIS/EIR must be would be required would be one train planning and would be in the public filed no later than August 14, 1995. during Year 1 (4,000 tpd), increasing to interest. ADDRESSES: Written comments must be 5 trains after Year 7 (20,000 tpd). The The patent, when issued, will be filed no later than August 14, 1995, and proposed maximum daily volume of subject to the following terms, should be addressed to: Bureau of Land MSW residue would be 20,000 tons per conditions and reservations: Management, 1661 South 4th Street, El day averaged over a two week, 12 day 1. Provisions of the Recreation and Centro, CA 92243. period. The actual rate of growth and Public Purposes Act and all regulations FOR ADDITIONAL INFORMATION CONTACT: operational life of the landfill will of the Secretary of the Interior. Thomas Zale, Multi-Resources Staff depend upon market conditions for 2. A right-of-way for ditches and Chief, Bureau of Land Management, El MSW disposal in communities that canals constructed by the authority of Centro Resource Area, 1661 South 4th choose to use the regional landfill. the United States. Street, El Centro, California, 92243. In addition to the No Action 3. All minerals shall be reserved to SUPPLEMENTARY INFORMATION: Gold Alternative, four alternatives to the the United States, together with the Fields Mining Co. (Gold Fields), proposed action are considered in the right to prospect for, mine, and remove the minerals. Western Waste Industries, and S.P. Final EIS/EIR and include: Smaller 4. Those rights for power line Environmental Systems have formed a Landfill Footprint (Alternative I); purposes granted to the Arizona Public (Partnership) that would own and Decreased Disposal Rate (Alternative II); develop the proposed landfill located Service Company by Right-of-way AZA– Alternative Mesquite Regional Landfill 16829. contiguous to the site of the currently Site (Alternative III); and Larger Project operating Mesquite Gold Mine and Ore (increased maximum disposal rate and 5. Those rights for telephone line Processing Facility (Mesquite Mine) in larger landfill footprint) (Alternative IV). purposes granted to U.S. West eastern Imperial County. The proposed The Final EIS/EIR analyzes the effects of Communications Inc. by Right-of-Way project would include the unloading AZA–17050. and loading of Municipal Solid Waste the proposed action and alternatives on (MSW) residue containers, placement of such environmental issues including 6. Those rights for access road MSW into the landfill, rail and but not limited to: air quality, social and purposes granted to the Maricopa equipment maintenance, landfill gas economic impacts, ground and surface County Highway Department by Right- recovery and destruction by flaring or water quality, endangered and other of-way AZA–22667. utilization of energy recovery special status plants and animals, 7. Those rights for access road techniques, leachate collection and cultural or historical and visual purposes granted to the Maricopa processing and waste water treatment. resources. County Highway Department by Right- Temporary storage of recyclable of-way AZA–23666. Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Notices 36303 FOR FURTHER INFORMATION CONTACT: filings under the general mining laws and Record of Decision for the Eugene Adrian A. Garcia, Bureau of Land and the mineral leasing laws to BLM District, Oregon. Management, Phoenix Resource Area determine its suitability for conveyance office, 2015 West Deer Valley Road, of the reserved mineral interest SUMMARY: In accordance with the Phoenix, Arizona 85027. Telephone pursuant to section 209 of the Federal National Environmental Policy Act of (602) 780–8090. Land Policy and Management Act of 1969 (40 CFR 1550.2), and the Federal Upon publication of this notice in the October 21, 1976. Land Policy and Management Act of Federal Register, the lands will be The mineral interests will be 1976, (43 CFR 1610.2 (g)), the segregated from all other forms of conveyed in whole or in part upon Department of the Interior, Bureau of appropriation under the public land favorable mineral examination. Land Management (BLM), Eugene laws, including the general mining laws, The purpose is to allow consolidation District provides notice of availability of except for lease or conveyance under of surface and subsurface of minerals the Approved Resource Management the Recreation and Public Purposes Act. ownership where there are no known Plan (ARMP) and Record of Decision For a period of 45 days from the date of mineral values or in those instances (ROD) for the Eugene District. In publication of this notice, interested where the reservation interferes with or addition to describing the decisions, the parties may submit comments regarding precludes appropriate nonmineral ARMP will provide the framework to the proposed conveyance or development and such development is a guide land and resource allocations and classification of the lands to the District more beneficial use of the land than the management direction for the next 10 to Manager, Phoenix District Office, 2015 mineral development. 20 years in the Eugene District. This West Deer Valley Road, Phoenix, FOR FURTHER INFORMATION CONTACT: ARMP supersedes the existing Eugene Arizona 85027. Marcia Sieckman, California State District Management Framework Plan CLASSIFICATION COMMENTS: Interested Office, Federal Office Building, 2800 (1983), and other related documents for parties may submit comments involving Cottage Way, Room E–2845, managing approximately 318,000 acres the suitability of the land for a school Sacramento, California 95825, (916) of mostly forested public land and 1,299 facility and community recreational 979–2858. Serial No. CACA 34048. acres of non-federal surface ownership facilities. Comments on the T. 30 N., R. 8 W., Mount Diablo Meridian with federal mineral estate administered classification are restricted to whether by the Bureau of Land Management in Sec. 14, Parcel 1 as shown and designated Benton, Douglas, Lane, and Linn the land is physically suited for the upon that certain Parcel Map #349–79 for proposal, whether the use will John and Kathleen Bejarano filed for record counties in Oregon. maximize the future use or uses of the in the office of the County Recorder on ADDRESSES: Copies of the ARMP/ROD land, whether the use is consistent with September 2, 1981 in Book 22 of Parcel Maps are available upon request by contacting local planning and zoning, or if the use at page 43, Shasta County Records. County— the Eugene District Office, Bureau of Shasta. is consistent with State and Federal Land Management, 2890 Chad Drive, programs. Minerals Reservation—All coal and other minerals. Eugene, Oregon 97408–7336. This APPLICATION COMMENTS: Interested document has been sent to all those parties may submit comments regarding Upon publication of this Notice of individuals and groups who were on the the specific use proposed in the Segregation in the Federal Register as mailing list for the Proposed Eugene application and plan of development, provided in 43 CFR 2720.1–1(b), the District Resource Management Plan/ whether the BLM followed proper mineral interests owned by the United Final Environmental Impact Statement. administrative procedures in reaching States in the private lands covered by The full supporting record for the the decision, or any other factor not the application shall be segregated to ARMP is available for inspection in the directly related to the suitability of the the extent that they will not be subject Eugene District Office at the address land for a school facility and to appropriation under the mining and shown above. Copies of the draft RMP/ community recreational facilities. mineral leasing laws. The segregative EIS and proposed RMP/final EIS are Any adverse comments will be effect of the application shall terminate also available for inspection in the reviewed by the State Director. In the by publication of an opening order in public room on the 7th floor of the BLM absence of any adverse comments, the the Federal Register specifying the date Oregon/Washington State Office, 1515 classification will become effective 60 and time of opening; upon issuance of SW Fifth Street, Portland, Oregon, and days from the date of publication in the a patent or other document of public libraries in Eugene/Springfield Federal Register. conveyance to such mineral interest; or during normal hours. two years from the date of publication Dated: July 7, 1995. of this notice, whichever occurs first. FOR FURTHER INFORMATION CONTACT: Judy David J. Miller, Nelson, District Manager, Eugene Dated: July 6, 1995. Associate District Manager. District Office, Bureau of Land David McIlnay, [FR Doc. 95–17243 Filed 7–13–95; 8:45 am] Management. She can be reached by Chief, Branch of Lands. BILLING CODE 4310±32±M telephone at 503–683–6600 or by FAX [FR Doc. 95–17244 Filed 7–13–95; 8:45 am] at 503–683–6981. BILLING CODE 4310±40±P [CA±930±5410±00±B056; CACA 34048] SUPPLEMENTARY INFORMATION: The Eugene District ARMP/ROD is Conveyance of Mineral Interests in [OR±090±95±6350±00±G5±130] essentially the same as the Eugene California District Proposed Resource Management Notice of Availability of Approved AGENCY: Plan and Final Environmental Impact Bureau of Land Management, Resource Management Plan and Statement (PRMP/FEIS). Virtually no Interior. Record of Decision ACTION: Notice of Segregation. changes to the proposed decisions have AGENCY: Bureau of Land Management, been made, except for some clarifying SUMMARY: The private land described in Interior. language in response to the nine valid this notice, aggregating 149.61 acres, is ACTION: Notice of Availability of the protests BLM received on the Eugene segregated and made unavailable for Approved Resource Management Plan District PRMP/FEIS and as a result of 36304 Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Notices ongoing staff review. The clarifying the plan and also meet the plan Management Areas, Connectivity/ language concerns: elements or adopt decisions made in the Diversity Blocks, and Adaptive —Revisions intended to strengthen the Northwest Forest Plan/ROD. The Management Areas. An Aquatic link between the ARMP and the 1994 Northwest Forest Plan/ROD was signed Conservation Strategy will be applied to Record of Decision for Amendments by the Secretary of the Interior who all lands and waters under BLM to Forest Service and Bureau of Land directed the BLM to adopt it in its jurisdiction. Management Planning Documents Resource Management Plans for western Approximately 69,000 acres will be Within the Range of the Northern Oregon. Furthermore, those decisions managed for timber production. The Spotted Owl and Standards and were upheld by the United States Allowable Sale Quantity will be 6.1 Guidelines for Management of Habitat District Court for the Western District of million cubic feet (36 million board for Late-Successional and Old-Growth Washington on December 21, 1994. Forest Related Species Within the Ecosystem Management and Forest feet). To contribute to biological Range of the Northern Spotted Owl Product Production: The ARMP/ROD diversity, standing trees, snags, and (Northwest Forest Plan/ROD). responds to the need for a healthy forest down dead woody material will be —Revisions that incorporate guidelines ecosystem with habitat that will support retained. A process for monitoring, issued by the Regional Ecosystem populations of native species evaluating, and amending or revising Office since the issuance of the 1994 (particularly those associated with late- the plan is described. Record of Decision named above. successional and old growth forests). It Areas of Critical Environmental Such guidelines may clarify or also responds to the need for a Concern (ACEC): The ARMP/ROD will interpret the 1994 Record of Decision. sustainable supply of timber and other continue the designation of seven Areas Seven alternatives that encompass a forest products that will help maintain of Critical Environmental Concern spectrum of realistic management the stability of local and regional (ACEC), five ACEC/Research Natural options were considered in the planning economies, and contribute valuable Areas (RNA), two ACEC/Outstanding process. The final plan is a mixture of resources to the national economy on a Natural Areas (ONA), and one the management objectives and actions predictable and long-term basis. BLM Environmental Education Area (EEA). that, in the opinion of the BLM, best administered lands are primarily The ARMP/ROD designates or resolve the issues and concerns that allocated to Riparian Reserves, Late- redesignates the following ACECs and originally initiated the preparation of Successional Reserves, General Forest RNAs with the noted restrictions. Timber/ Area name Approx. veg. OHV use Min. Min. lease Min. acres harv. loc. salable Coburg Hills, Cottage Grove Lake, and Dorena Lake Relict Forest Islands ACEC ...... 876 PPP open-NSO P Cougar Mtn. Yew ACEC ...... 10 PPP open-NSO P Grassy Mtn. ACEC ...... 74 PPP open-NSO P Hult Marsh ACEC ...... 167 PRP open-NSO P Long Tom ACEC ...... 7 R P P open-NSO P Camas Swale ACEC/RNA ...... 314 PPP open-NSO P Fox Hollow ACEC/RNA ...... 160 PPP open-NSO P Horse Rock Ridge ACEC/RNA ...... 378 PPP open-NSO P Mohawk ACEC/RNA ...... 292 PPP open-NSO P Upper Elk Meadows ACEC/RNA ...... 223 PPP open-NSO P Heceta Sand Dunes ACEC/ONA ...... 218 PPP open-NSO P Lake Creek Falls ACEC/ONA ...... 58 PRP open-NSO P McGowan Creek EEA ...... 79 PPP open-NSO P P = Use is prohibited. R = Use is allowed but with restrictions. NSO = No surface occupancy. Wild and Scenic Rivers: consideration, as applicable. The ARMP/ROD provides for road closures Approximately 39 miles of river found supporting records for the ARMP/ROD, to meet ecosystem management eligible for designation and studied by document those river or stream segment objectives. Such closures may be BLM are found not suitable for analyses. permanent or seasonal, and will be designation. Three river segments Off Highway Vehicle (OHV) Use: The affected by use of signs, gates, barriers, (involving approximately 70 miles) have ARMP/ROD makes the following or total road deconstruction and site been determined to be administratively designations for OHV management in restoration. eligible for further consideration for the District: approximately 80 acres will Land Tenure Adjustment: The ARMP/ designation as a component of the be open; 314,800 acres will be restricted ROD identifies approximately 78,175 National Wild and Scenic Rivers System to designated existing roads and trails acres of BLM administered lands that under recreational river classifications, and/or seasonally closed; and 3,120 will be retained in public ownership; pending other interagency suitability acres will be closed to all use, except for 238,398 acres of BLM lands that may be studies. All administratively suitable or specified administrative or emergency considered for exchange under eligible (pending further study) river uses. The closed areas include prescribed circumstances; and 36 acres segments will be managed under BLM administratively withdrawn areas such of BLM lands that may be available for interim management guidelines pending as seed orchards and progeny test sites, sale or disposal under other authorized further legislative or administrative and various ACECs. In addition, the processes. The ARMP also provides Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Notices 36305 criteria for the acquisition of lands, or statement, and Washington County include the Beaver Dam Slope Desert interests in lands, where such Habitat Conservation Plan are available Wildlife Management Area of the acquisition would meet objectives of the for public review. Copies of the above Northeastern Mojave Desert Tortoise various resource programs. The plan documents have been sent to all Recovery Unit. The Beaver Dam Slope allocates approximately 1,367 acres as agencies and individuals who Desert Wildlife Management Area, right-of-way exclusion areas and participated in the scoping process and located in the extreme southwestern 151,091 acres as right-of-way avoidance to all others who have already requested corner of the State of Utah, is not areas. copies. This notice is provided pursuant addressed in this permit application. Special Recreation and Visual to section 10(c) of the Act, and National The permit application was received on Resource Management Areas: The Environmental Policy Act regulations June 15, 1995, and was accompanied by ARMP/ROD identifies seven Special (40 CFR 1506.6). Comments are the Washington County Habitat Recreation Management Areas (SRMA), requested. Conservation Plan (HCP), which including one existing (Shotgun DATES: Written comments on the draft describes the Applicant’s proposed Recreation Site) and six new SRMA environmental impact statement, measures to minimize, monitor, and (Upper Lake Creek, Lower Lake Creek, incidental take permit application, and mitigate the impacts of their proposed Gilkey Creek, Row River, McKenzie habitat conservation plan must be take on the desert tortoise. River, Siuslaw River). The existing received on or before August 28, 1995. The Applicant proposes to minimize SRMA totals approximately 277 acres ADDRESSES: Requests for any of the incidental take through design of a and the new SRMAs total approximately above documents and comments or desert habitat reserve of the largest size 24,454 acres. The ARMP/ROD allocates materials concerning them should be practicable that will meet approximately 1,265 acres of BLM sent to the Assistant Field Supervisor, recommendations for the Upper Virgin administered lands for 39 existing or Fish and Wildlife Service, 145 East 1300 River Recovery Unit, as detailed in the potential recreation sites. The plan also South, Suite 404, Salt Lake City, Utah Desert Tortoise Recovery Plan. Other allocates lands for 26 existing or 84115. The documents and comments methods to minimize incidental take potential trails, totaling approximately and materials received will be available will include fencing, law enforcement, 102 miles. The plan also identifies for public inspection, by appointment, education, and translocation research. Fencing is an important component of management objectives for three Visual during normal business hours at the both minimization and mitigation Resource Management classifications. above address. Mineral and Energy Resource measures, as it will be designed to FOR FURTHER INFORMATION CONTACT: minimize desert tortoise mortality, Management: Most BLM administered Robert D. Williams, Assistant Field including human-caused injury and lands will remain available for mineral Supervisor (see ADDRESSES above) leasing and location of mining claims, death. As mitigation, fencing will also (telephone 801–524–5001, facsimile serve to enhance habitat within the but 52 acres are closed to leasing for oil 801–524–5021). and gas resources by law, and 15,230 proposed reserve, allowing habitat SUPPLEMENTARY INFORMATION: Section 9 acres will be closed to location of preservation and rehabilitation. of the Endangered Species Act (Act) of claims. Consolidation of desert habitat into a 1973, as amended (16 U.S.C. 1531 et reserve managed for desert tortoise and Dated: June 13, 1995. seq.), prohibits the ‘‘taking’’ of any other species, and removal of competing Judy Ellen Nelson, threatened or endangered species, uses will comprise the primary Eugene District Manager. including the desert tortoise. However, mitigation for proposed take. The [FR Doc. 95–15708 Filed 7–13–95; 8:45 am] the Fish and Wildlife Service (Service), Applicant proposes establishment of a BILLING CODE 4310±33±P under limited circumstances, may issue 60,969-acre desert habitat reserve, permits to take threatened and within the Upper Virgin River Desert endangered wildlife species if such Tortoise Recovery Unit. The proposed Fish and Wildlife Service taking is incidental to, and not the reserve extends from the western purpose of, otherwise lawful activities. boundary of the Paiute Indian tribal Availability of a Draft Environmental Regulations governing permits for lands on the west to the City of Impact Statement and Receipt of an threatened and endangered species are Hurricane on the east. Within this area, Application for an Incidental Take at 50 CFR 17.22. uses will be carefully controlled and all Permit for Desert Tortoises in Washington County, Utah (Applicant) management actions will place desert Washington County, Utah submitted an application to the Service tortoise and desert tortoise habitat AGENCY: Fish and Wildlife Service, for a permit to incidentally take desert conservation as the highest priority. The Interior. tortoise, pursuant to section 10(a)(1)(B) reserve also will provide habitat for of the Act, in association with various ACTION: Notice. numerous Federal candidate and State private projects in Washington County. sensitive species. Outside the reserve, SUMMARY: Washington County, Utah The proposed permit would allow Federal activities in desert tortoise (Applicant) has applied to the Fish and incidental take of desert tortoise for a habitat will be subject to the Act section Wildlife Service (Service) for an period of 20 years, resulting from 7 consultations with the Service. incidental take permit pursuant to development of up to 12,298 acres of Mitigation for the proposed take also section 10(a)(1)(B) of the Endangered private lands in the vicinity of the will include fencing of plant reserve Species Act of 1973, as amended (Act). Upper Virgin River Desert Tortoise areas for endangered plant species, The Applicant has been assigned Permit Recovery Unit in Washington County. purchase of cattle grazing permits, and Number PRT–803842. The proposed The Upper Virgin River Desert Tortoise mineral right withdrawal within the permit would authorize the incidental Recovery Unit is described in the Desert desert habitat reserve. take of the threatened desert tortoise Tortoise Recovery Plan published by the For implementation and monitoring (Gopherus agassizii). Service, and contains desert tortoise of minimization and mitigation actions, The Service announces that the habitat ranging from west of the town of the Applicant will collect a county-wide Applicant’s incidental take permit Ivins on the west to the town of fee of 0.2 percent of building application, draft environmental impact Springdale on the east, but does not construction costs for all new 36306 Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Notices residential, commercial, and industrial Federal , State, and local entities. A between Van Buren and Madawaska, construction, along with a county-wide Notice of Intent to prepare the Maine. fee of $250/acre for platted Statement was published on December The eleven-member Maine Acadian subdivisions, condominiums, 2, 1991 (56 FR 61259), five public Culture Preservation Commission was townhomes, and planned unit scoping meetings pursuant to NEPA appointed by the Secretary of the developments. The implementing were held in December 1991 in Interior pursuant to the Maine Acadian agreement describes the mechanisms of Washington County, and an additional Culture Preservation Act (Pub. L. 101– implementation of the measures in the public open house and question-and- 543). The purpose of the Commission is HCP. answer session was held in St. George, to advise the National Park Service with Three alternatives are under Utah, on February 22, 1995. The respect to: consideration in the draft Washington purpose of this meeting was to update —The development and implementation County Habitat Conservation Plan the public on changes made to the of an interpretive program of Acadian Environmental Impact Statement previous draft of the HCP. culture in the state of Maine; and (Statement). Issuance of the permit with Key issues addressed in the Statement —The selection of sites for the mitigation, minimization, and include: (1) Impacts to the economy of interpretation and preservation by monitoring measures outlined in the Washington County, (2) Impacts on means of cooperative agreements. HCP is the Service’s preferred action threatened, endangered, and sensitive and is discussed above. The Statement species, (3) impacts on multiple-use The Agenda for this meeting is as also outlines alternative measures that activities in reserve areas, (4) impacts on follows: may be considered by the Service in State school trust lands, (5) impacts to 1. Review and approval of the summary issuing the permit. The second private landowners, (6) impacts to report of the meeting held April 7, alternative analyzed is somewhat livestock grazing and other agricultural 1995. similar to the first alternative, except practices, and (7) impacts on Virgin 2. Report on the commission workshop that a smaller desert habitat reserve is River flows. held at Roosevelt Campobello proposed. The proposed reserve under The underlying goal of the proposed International Historic Park and visit to this alternative is 44,451 acres, and the action is to develop and implement a Saint Croix Island International incidental take area is 15,128 acres. program designed to ensure the Historic Site, June 21—23, 1995. Unlike the preferred alternative, and continued existence of the species, 3. Reports of Maine Acadian Culture counter to what is recommended in the while resolving potential conflicts that Preservation Commission working desert Tortoise Recovery Plan, this may arise from otherwise lawful private groups. alternative excludes Zones 1 and 2 (west projects. The HCP creates an ongoing 4. Report of the National Park Service of Utah Highway 18) from the reserve. administration for the purposes of planning team and project staff. This alternative was not identified as minimizing, mitigating, and monitoring 5. Opportunity for public comment. the preferred alternative primarily impacts on the desert tortoise, as well as 6. Proposed agenda, place, and date of because the small size of the reserve a framework for providing protection for the next Commission meeting. would not allow for the long-term candidate and sensitive species. The meeting is open to the public. survival of the desert tortoise, and Further information concerning accordingly, would preclude the Authority Commission meetings may be obtained possibility of recovery of the species The authority for this action is the from the Superintendent, Acadia (i.e., removal from the endangered Endangered Species Act of 1973, as National Park. Interested persons may species list). The third alternative amended (16 U.S.C. 1531 et seq.) and make oral/written presentations to the selected for detailed evaluation is an the National Environmental Policy Act Commission or file written statements. alternative of no action. The No Action of 1969, as amended (42 U.S.C. 4321 et Such requests should be made at least alternative was not identified as the seq.). seven days prior to the meeting to: preferred alternative because it would Dated: June 27, 1995. Superintendent, Acadia National Park, diffuse existing regional conservation Terry T. Terrell, P.O. Box 177, Bar Harbor, ME 04609– planning efforts for the desert tortoise Deputy Regional Director. 0177; telephone (207) 288–5472. and possible concentrate activity on Dated: July 7, 1995. individual project needs and not meet [FR Doc. 95–16788 Filed 7–13–95; 8:45 am] the purpose and need of the Applicant. BILLING CODE 4310±55±M George Price, Development of private lands in desert Acting Deputy Field Director. [FR Doc. 95–17300 Filed 7–13–95; 8:45 am] tortoise habitat would be governed by National Park Service the Act section 7 (if applicable) and BILLING CODE 4310±70±P section 9. Additionally, the No Action Maine Acadian Culture Preservation alternative would not provide the Commission; Notice of Meeting benefits of long-term recovery efforts for INTERSTATE COMMERCE the desert tortoise identified in the HCP. Notice is hereby given in accordance COMMISSION with the Federal Advisory Committee Without protection, this population of [Finance Docket No. 32732] desert tortoise would likely not persist Act (Pub. L. 92–463) that the Maine in proximity to these urban areas over Acadian Culture Preservation East Penn Railways, Inc.ÐModified the long-term without comprehensive, Commission will meet on Thursday, Rail Certificate long-term conservation measures. August 17, 1995. The meeting will In the development of the Statement, convene at 7:00 p.m. in the chapel of the On June 26, 1996, East Penn Railways, the Service initiated action to ensure former church now maintained as a Inc. (EPRY), filed a notice for a modified compliance with the purpose and intent cultural center by l’association certificate of public convenience and of National Environmental Policy Act culturelle et historique—Mont Carmel necessity under 49 CFR 1150, subpart C, (NEPA). Scoping activities were on U.S. Route 1 in Lille, Aroostook to operate three rail lines as follows: (1) undertaken preparatory to development County, Maine. Lille, on the banks of The Perkiomen Branch, USRA Line No. of the Statement with a variety of the St. John River, is located midway 906, between milepost 22.38 at Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Notices 36307 Pennsburg, PA and milepost 38.23 at Nolan also owns and controls the DATES: This exemption will be effective Emmaus Jct., Emmaus, PA, a distance of Bristol Industrial Terminal Railway, a on August 3, 1995. Petitions to stay 15.85 miles, in Berks, Lehigh, and class III rail carrier. Nolan indicates must be filed by July 24, 1995. Petitions Montgomery Counties, PA; (2) the that: (1) The properties operated by the to reopen must be filed by August 3, Colebrookdale Industrial Track affiliated railroads will not connect with 1995. (Boyertown Branch), USRA Line No. each other; (2) the continuance in ADDRESSES: Send pleadings referring to 909, between milepost 0.00 at control is not a part of a series of Finance Docket No. 32706 to: (1) Office Colebrookdale Jct. (Pottstown, PA), to anticipated transactions that would of the Secretary, Case Control Branch, milepost 8.60 at Boyertown, PA, a connect the railroads with each other or Interstate Commerce Commission, 1201 distance of 8.60 miles, in Berks and any other railroad in their corporate Constitution Avenue NW., Washington, Montgomery Counties, PA; and (3) the family; and (3) the transaction does not DC 20423; and (2) Robert A. Wimbish, Kutztown Branch, USRA Line No. 910, involve a class I carrier. The transaction Rea, Cross & Auchincloss, Suite 420, between milepost 0.17 at Topton, PA, therefore is exempt from the prior 1920 N Street, NW, Washington, D.C. and milepost 4.29 at Kutztown, PA, a approval requirements of 49 U.S.C. 20036. distance of 4.12 miles, in Berks County, 11343. See 49 CFR 1180.2(d)(2). FOR FURTHER INFORMATION CONTACT: PA. As a condition to use of this Beryl Gordon, (202) 927–5610. [TDD for The lines were acquired by the exemption, any employees affected by the hearing impaired: (202) 927–5721.] Commonwealth of Pennsylvania in 1982 the transaction will be protected by the and were formerly operated by Blue conditions set forth in New York Dock SUPPLEMENTARY INFORMATION: Mountain and Reading Railroad Ry.—Control—Brooklyn Eastern Dist., Additional information is contained in Company.1 They connect with 360 I.C.C. 60 (1979). the Commission’s decision. To purchase Consolidated Rail Corporation at Petitions to revoke the exemption a copy of the full decision, write to, call, Topton, Emmaus, and Pottstown, PA. under 49 U.S.C. 10505(d) may be filed or pick up in person from: Dynamic EPRY has entered into three at any time. The filing of a petition to Concepts, Inc., Interstate Commerce simultaneously executed 5-year revoke will not automatically stay the Commission Building, 1201 agreements with Pennsylvania effective transaction. Pleadings must be filed Constitution Avenue, N.W., Room 2229, July 1, 1995 and extending to June 30, with the Commission and served on: Washington, DC 20423. Telephone: 2000. This transaction is related to a Walter A. Stapleton, 143A Green (202) 289–4357/4359. [Assistance for notice of exemption concurrently filed Mountain Road, Claremont, NH 03743. the hearing impaired is available in John C. Nolan—Continuance In through TDD services at (202) 927– Control Exemption—East Penn Decided: July 10, 1995. 5721.] By the Commission, David M. Konschnik, Railways, Inc., Finance Docket No. Decided: June 28, 1995. 32733. Director, Office of Proceedings. Vernon A. Williams, By the Commission, Chairman Morgan, The Commission will serve a copy of Vice Chairman Owen, and Commissioners Secretary. this notice on the Association of Simmons and McDonald. [FR Doc. 95–17328 Filed 7–13–95; 8:45 am] American Railroads (Car Service Vernon A. Williams, Division), as agent of all railroads BILLING CODE 7035±01±P Secretary. subscribing to the car-service and car- hire agreement, and on the American [FR Doc. 95–17327 Filed 7–13–95; 8:45 am] Short Line Railroad Association. [Finance Docket No. 32706] BILLING CODE 7035±01±P Decided: July 10, 1995. Wisconsin & Southern Railroad Co.Ð By the Commission, David M. Konschnik, Lease and Operation ExemptionÐSoo [Docket No. AB±167 (Sub-No. 1148)] Director, Office of Proceedings. Line Railroad Company, d/b/a CP Rail Vernon A. Williams, System Consolidated Rail CorporationÐ Secretary. AbandonmentÐBetween Walkers Mill AGENCY: Interstate Commerce [FR Doc. 95–17329 Filed 7–13–95; 8:45 am] and Burgettstown, in Allegheny and Commission. Washington Counties, PA BILLING CODE 7035±01±P ACTION: Notice of exemption. The Commission has issued a [Finance Docket No. 32733] SUMMARY: The Commission, under 49 decision and certificate of interim trail U.S.C. 10505, exempts from the use and abandonment authorizing John C. NolanÐContinuance in requirements of 49 U.S.C. 11343–45 Consolidated Rail Corporation (Conrail) Control ExemptionÐEast Penn Wisconsin & Southern Railroad to abandon its Carnegie Secondary line Railways, Inc. Company’s lease and operation of the between milepost 11.00 at Walkers Mill, Lease Lines located in Milwaukee, WI and milepost 26.70 at Burgettstown, a John C. Nolan (Nolan) has filed a and operation of non-exclusive total of 15.7 miles in Allegheny and notice of exemption to continue in operating rights of the OP Lines also Washington Counties, PA. The control of East Penn Railways, Inc. located in Milwaukee. The Lease Lines abandonment is subject to a trail use (EPRY), upon EPRY becoming a class III are currently owned and operated by the condition, a public use condition, and rail carrier. EPRY has concurrently filed Soo Line Railroad Company, d/b/a CP standard labor protective conditions. a notice for a modified certificate of Rail System (CPRS). Petitioner asserts The abandonment certificate will public convenience and necessity in that the OP Lines are currently owned become effective on August 13, 1995, East Penn Railways, Inc.—Modified Rail by the Chicago Milwaukee Corporation unless the Commission also finds that: Certificate, Finance Docket No. 32732, (CMC) and are operated by CPRS (1) A financially responsible person has to operate as a rail common carrier in pursuant to an agreement between CMC offered financial assistance (through Pennsylvania. and CPRS. The total trackage subject to subsidy or purchase) to enable the rail exemption under this proceeding is 8.14 service to be continued; and (2) it is 1 See Blue Mountain and Reading Railroad Company Modified Rail Certificate, Finance Docket miles. The exemption is subject to likely that the assistance would fully No. 30305 (Sub-No. 1) (ICC served June 13, 1990). standard labor protective conditions. compensate the railroad. 36308 Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Notices Any financial assistance offer must be (1979). To address whether this By the Commission, David M. Konschnik, filed with the Commission and served condition adequately protects affected Director, Office of Proceedings. on the applicant no later than 10 days employees, a petition for partial Vernon A. Williams, after publication of this notice. The revocation under 49 U.S.C. 10505(d) Secretary. following notation shall be typed in must be filed. [FR Doc. 95–17330 Filed 7–13–95; 8:45 am] bold face on the lower left-hand corner Provided no formal expression of BILLING CODE 7035±01±P of the envelope containing the offer: intent to file an offer of financial ‘‘Office of Proceedings, AB–OFA.’’ Any assistance (OFA) has been received, this offer previously made must be remade exemption will be effective on August [Docket No. AB±55 (Sub-No. 508X)] within this 10-day period. 13, 1995, unless stayed pending Information and procedures regarding reconsideration. Petitions to stay that do CSX Transportation, Inc.Ð financial assistance for continued rail not involve environmental issues,2 Abandonment ExemptionÐin service are contained in 49 U.S.C. 10905 formal expressions of intent to file an Dickenson County, VA and 49 CFR 1152.27. OFA under 49 CFR 1152.27(c)(2),3 and Decided: July 10, 1995. trail use/rail banking requests under 49 CSX Transportation, Inc. (CSXT) has 4 filed a verified notice of exemption By the Commission, David M. Konschnik, CFR 1152.29 must be filed by July 26, Director, Office of Proceedings. 1995. Petitions to reopen or requests for under 49 CFR Part 1152 Subpart F— Exempt Abandonments to abandon 4.1- Vernon A. Williams, public use conditions under 49 CFR 1152.28 must be filed by August 3, miles of rail line between milepost ZN– Secretary. 2.2 near Nora and milepost ZN–6.3 at [FR Doc. 95–17332 Filed 7–13–95; 8:45 am] 1995, with: Office of the Secretary, Case Control Branch, Interstate Commerce the end of the Nora Branch, in BILLING CODE 7035±01±P Commission, Washington, DC 20423. Dickenson County, VA. A copy of any pleading filed with the CSXT has certified that: (1) No local [Docket No. AB±55 (Sub-No. 510X)] Commission should be sent to traffic has moved over the line for at applicant’s representative: Charles M. least 2 years; (2) there is no overhead CSX Transportation, Inc.Ð Rosenberger, Senior Counsel, CSX traffic on the line; (3) no formal Abandonment ExemptionÐin St. Clair Transportation, Inc. 500 Water Street, complaint filed by a user of rail service County, MI J150 , Jacksonville, FL 32202. on the line (or by a State or local government entity acting on behalf of If the notice of exemption contains CSX Transportation, Inc. (CSXT) has such user) regarding cessation of service false or misleading information, the filed a notice of exemption under 49 over the line either is pending with the exemption is void ab initio. CFR 1152 Subpart F—Exempt Commission or with any U.S. District Abandonments to abandon CSXT has filed an environmental Court or has been decided in approximately 1.5 miles of its float report which addresses the complainant’s favor within the last 2 operation over the St. Clair River abandonment’s effects, if any, on the years; and (4) the requirements at 49 between milepost CBD–90.01 at Port environmental and historic resources. CFR 1105.7 (environmental report), 49 Huron and the United States-Canada The Section of Environmental Analysis 1 CFR 1105.8 (historic report), 49 CFR Boundary line, in St. Clair County, MI. (SEA) will issue an environmental 1105.11 (transmittal letter), 49 CFR CSXT has certified that: (1) No local assessment (EA) by July 19, 1995. 1152.50(d)(1) (notice to government traffic has moved over the line for at Interested persons may obtain a copy of agencies), and 49 CFR 1105.12 least 2 years; (2) there is no overhead the EA by writing to SEA (Room 3219, (newspaper publication) have been met. traffic on the line; (3) no formal Interstate Commerce Commission, As a condition to this exemption, any complaint filed by a user of rail service Washington, DC 20423) or by calling employee adversely affected by the on the line (or by a State or local Elaine Kaiser, Chief of SEA, at (202) abandonment shall be protected under government entity acting on behalf of 927–6248. Comments on environmental Oregon Short Line R. Co.— such user) regarding cessation of service and historic preservation matters must Abandonment—Goshen, 360 I.C.C. 91 over the line either is pending with the be filed within 15 days after the EA is (1979). To address whether employees Commission or with any U.S. District available to the public. are adequately protected, a petition for Court or has been decided in favor of Environmental, historic preservation, partial revocation under 49 U.S.C. the complainant within the 2-year public use, or trail use/rail banking 10505(d) must be filed. period; and (4) the requirements at 49 conditions will be imposed, where This exemption will be effective CFR 1105.7 (environmental report), 49 appropriate, in a subsequent decision. August 13, 1995, unless stayed or a CFR 1105.8 (historic report), 49 CFR statement of intent to file an offer of 1105.11 (transmittal letter), 49 CFR Decided: July 10, 1995. financial assistance (OFA) is filed. 1105.12 (newspaper publication), and 2 Petitions to stay that do not involve 49 CFR 1152.50(d)(1) (notice to A stay will be issued routinely by the Commission in those proceedings where an environmental issues,1 statements of governmental agencies) have been met. informed decision on environmental issues, As a condition to this exemption, any intent to file an OFA under 49 CFR whether raised by a party or by the Commission’s 1152.27(c)(2),2 and trail use/rail banking employee adversely affected by the Section of Environmental Analysis in its abandonment shall be protected under independent investigation) cannot be made before Oregon Short Line R. Co.— the effective date of the notice of exemption. See 1 The Commission will grant a stay if an informed Exemption of Out-of-Service Rail Lines, 5 I.C.C.2d decision on environmental issues (whether raised Abandonment—Goshen, 360 I.C.C. 91 377 (1989). Any entity seeking a stay on by a party or by the Commission in its independent environmental concerns is encouraged to file its investigation) cannot be made before the 1 The full scope of the operation extends to request as soon as possible in order to permit the exemption’s effective date. See Exemption of Out- milepost CUB–70.33 at Sarnia in the Province of Commission to review and act on the request before of-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any Ontario, Canada. The Commission does not have the effective date of this exemption. request for a stay should be filed as soon as possible jurisdiction to exempt operations outside of the 3 See Exempt. of Rail Abandonment—Offers of so that the Commission may take appropriate action United States. CSXT must file its request for any Finan. Assist., 4 I.C.C.2d 164 (1987). before the exemption’s effective date. necessary approvals relating to service in Canada 4 The Commission will accept a late-filed trail use 2 See Exempt. of Rail Abandonment—Offers of with the National Transportation Agency of Canada. request as long as it retains jurisdiction to do so. Finan. Assist., 4 I.C.C.2d 164 (1987). Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Notices 36309 requests under 49 CFR 1152.29 3 must Conservation and Recovery Act decree and all appendices, payable to be filed by July 26, 1995. Petitions to (‘‘RCRA’’) for cleanup and cost recovery ‘‘Consent Decree Library.’’ reopen or requests for public use at the Yellow Water Road Superfund Bruce S. Gelber, conditions under 49 CFR 1152.28 must site near Baldwin, Florida. Acting Chief, Environmental Enforcement be filed by August 3, 1995. An original Pursuant to the Consent Decree, the Section, Environment and Natural Resources and 10 copies of any such filing must be Division. settling parties will perform remedial sent to the Office of the Secretary, Case [FR Doc. 95–17339 Filed 7–13–95; 8:45 am] actions at the site selected by the Control Branch, Interstate Commerce BILLING CODE 4410±01±M Commission, Washington, DC 20423. In Environmental Protection Agency for addition, one copy must be served on soil and groundwater, will reimburse Charles M. Rosenberger, 500 Water the United States for its past costs Notice of Lodging of Consent Decree Street J150, Jacksonville, FL 32202. expended at the site, and agree to pay Pursuant to the Comprehensive If the verified notice contains false or future costs incurred by the United Environmental Response, misleading information, the exemption States. Among the settling parties are Compensation and Liability Act is void ab initio. the United States Department of (CERCLA) CSXT has filed an environmental Defense, and other agencies, who will report which addresses the participate in the cleanup and In accordance with Departmental policy, 28 CFR 50.7, and 42 U.S.C. abandonment’s effects, if any, on the reimbursement of costs, and will take on 9622(d)(2), notice is hereby given that a environment and historic resources. The responsibility for the site 30 years after proposed consent decree in United Commission’s Section of Environmental the effective date of the Consent Decree. Analysis (SEA) will issue an States v. Olin Corporation, Civil Action The Consent Decree includes a covenant No. 95–0256–BH–S was lodged on July environmental assessment (EA) by July not to sue by the United States under 19, 1995. A copy of the EA may be 5, 1995, with the United States District sections 106 and 107 of CERCLA and Court for the Southern District of obtained by writing to SEA (Room 3219, under section 7003 of RCRA. Interstate Commerce Commission, Alabama, Southern Division. This Washington, DC 20423) or by calling As provided in 28 CFR 50.7 and 42 agreement resolves a judicial Elaine Kaiser at (202) 927–6248. U.S.C. 9622(d)(2)(B), the Department of enforcement action brought by the Comments on environmental and Justice will receive comments from United States against Olin Corporation historic preservation matters must be persons who are not named as parties to pursuant to Sections 106 and 107 of filed within 15 days after the EA this action relating to the proposed CERCLA, 42 U.S.C. 9606 and 9607, for becomes available to the public. Consent Decree for a period of thirty injunctive relief, and for the recovery of Environmental, historic preservation, days from the date of this publication. response costs incurred and to be public use, or trail use/rail banking Comments should be addressed to the incurred by the United States in conditions will be imposed, where Assistant Attorney General of the connection with the first Operable Unit appropriate, in a subsequent decision. Environment and Natural Resources (‘‘OU1’’) at the Olin Chemical/McIntosh Division, Department of Justice, Plant Superfund Site, in McIntosh, Decided: July 10, 1995. Washington County, Alabama. By the Commission, David M. Konschnik, Washington, DC 20530. All comments Under the proposed Consent Decree, Director, Office of Proceedings. should refer to United States v. the United States has obtained 100 Vernon A. Williams, American National Can Company, et percent of its past response costs Secretary. al., D.J. Ref. 90–11–3–178B. incurred with respect to response [FR Doc. 95–17331 Filed 7–13–95; 8:45 am] Commenters may request an actions conducted at OU1, including BILLING CODE 7035±01±P opportunity for a public meeting in the prejudgment interest, and has obtained affected area, in accordance with section a commitment for payment of all EPA’s 7003(d) of RCRA. future oversight costs with respect to DEPARTMENT OF JUSTICE The proposed Consent Decree may be OU1. Olin Corporation will also assume examined at the office of the United full responsibility for the remedy to be Lodging of Consent Decree Under the States Attorney, 200 W. Forsyth St., conducted at OU1 pursuant to the Comprehensive Environmental Suite 700, Jacksonville, Florida 32201, Record of Decision executed by EPA on Response, Compensation and Liability and at the Region IV office of the U.S. December 16, 1994. Act Environmental Protection Agency, 345 The Department of Justice will receive, for a period of thirty (30) days Courtland Street, NE., Atlanta, Georgia In accordance with the policy of the from the date of this publication, 30365. A copy of the proposed Consent Department of Justice, 28 CFR 50.7, and comments relating to the proposed 42 U.S.C. 9622(d)(2)(B), notice is hereby Decree may also be examined at the consent decree. Comments should be given that a proposed Consent Decree in Consent Decree Library, 1120 G Street addressed to the Assistant Attorney United States v. American National Can NW., 4th Floor, Washington, DC 20005 General for the Environment and Company, et al., Civil Action No. 95– (202) 624–0892. A copy of the proposed Natural Resources Division, Department 585–CIV–5–16, was lodged on July 5, Consent Decree may be obtained in of Justice, Washington, D.C. 20530, and 1995, with the United States District person or by mail from the Consent should refer to United States v. Olin Court for the Middle District of Florida. Decree Library. In requesting a copy, Corporation, DOJ Ref. # 90–11–2–1001. That action was brought pursuant to the please enclose a check in the amount of The proposed consent decree may be Comprehensive Environmental $32.50 for a copy of the consent decree examined at the office of the United Response, Compensation and Liability (25 cents per page reproduction costs, States Attorney, 1st Union Building, Act (‘‘CERCLA’’), and the Resource without any appendices to the Decree), 1441 Main Street, Suite 500, Columbia, or $86.00 for a copy of the consent South Carolina; the Region IV Office of 3 The Commission will accept late-filed trail use requests so long as the abandonment has not been the Environmental Protection Agency, consummated and the abandoning railroad is 345 Courtland Street NE., Atlanta, willing to negotiate an agreement. Georgia 30365; and the Consent Decree 36310 Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Notices Library, 1120 G Street NW., 4th Floor, The proposed consent decree may be section, because the necessity to issue Washington, DC 20005, (202) 624–0892. examined at the Clerk’s Office, United current construction industry wage A copy of the proposed consent decree States District Court, U.S. Courthouse, determinations frequently and in large may be obtained in person or by mail 1716 Spielbusch Avenue, Toledo, Ohio volume causes procedures to be from the Consent Decree Library, 1120 43264, or may be obtained from Martin impractical and contrary to the public G Street NW., 4th Floor, Washington, F. McDermott at the above address. interest. DC 20005. In requesting a copy please Letitia J. Grishaw, General wage determination refer to the referenced case and enclose Chief, Environmental Defense Section, United decisions, and modifications and a check in the amount of $18.75 (25 States Department of Justice, Environment supersedes decisions thereto, contain no cents per page reproduction costs), and Natural Resources Division. expiration dates and are effective from payable to the Consent Decree Library. [FR Doc. 95–17341 Filed 7–13–95; 8:45 am] their date of notice in the Federal Bruce Gelber, BILLING CODE 4410±01±M Register, or on the date written notice Acting Chief, Environmental Enforcement is received by the agency, whichever is Section, Environment and Natural Resources earlier. These decisions are to be used Division. DEPARTMENT OF LABOR in accordance with the provisions of 29 [FR Doc. 95–17340 Filed 7–13–95; 8:45 am] CFR Parts 1 and 5. Accordingly, the BILLING CODE 4410±01±M Employment Standards Administration applicable decision, together with any modifications issued, must be made a Wage and Hour Division part of every contract for performance of Notice of Lodging of Consent Decree the described work within the Pursuant to Clean Water Act Minimum Wages for Federal and geographic area indicated as required by Federally Assisted Construction; an applicable Federal prevailing wage In accordance with United States General Wage Determination Decisions Department of Justice policy, 28 CFR law and 29 CFR Part 5. The wage rates 50.7, notice is hereby given that a General wage determination decisions and fringe benefits, notice of which is proposed consent decree in United of the Secretary of Labor are issued in published herein, and which are States of America v. Ike Parker, Jr., and accordance with applicable law and are contained in the Government Printing Maumee Haulers, Inc., Case No. 91CV based on the information obtained by Office (GPO) document entitled 7482 Carr, J. (N.D. Ohio.), was lodged the Department of Labor from its study ‘‘General Wage Determinations Issued with the United States District Court for of local wage conditions and data made Under The Davis-Bacon And Related the Northern District of Ohio, Western available from other sources. They Acts,’’ shall be the minimum paid by Division, on July 7, 1995. specify the basic hourly wage rates and contractors and subcontractors to The proposed consent decree fringe benefits which are determined to laborers and mechanics. addresses the defendants’ violations of be prevailing for the described classes of Any person, organization, or sections 301 and 404 of the Clean Water laborers and mechanics employed on governmental agency having an interest Act, 33 U.S.C. 1311 & 1344, by their construction projects of a similar in the rates determined as prevailing is discharges of fill material into character and in the localities specified encouraged to submit wage rate and approximately 13 acres of wetlands that therein. fringe benefit information for are part of a 40.15 acre site (the ‘‘Site,’’ The determinations in these decisions consideration by the Department. more particularly described in the of prevailing rates and fringe benefits Further information and self- proposed consent decree), located in have been made in accordance with 29 explanatory forms for the purpose of Lucas County, Ohio. The proposed CFR Part 1, by authority of the Secretary submitting this data may be obtained by consent decree requires the defendants of Labor pursuant to the provisions of writing to the U.S. Department of Labor, to pay a $1,000 civil penalty to the the Davis-Bacon Act of March 3, 1931, Employment Standards Administration, Treasury of the United States of as amended (46 Stat. 1494, as amended, Wage and Hour Division, Division of America. The proposed consent decree 40 U.S.C. 276a) and of other Federal Wage Determinations, 200 Constitution also requires the defendants to transfer statutes referred to in 29 CFR Part 1, Avenue, N.W., Room S–3014, the Site to the State of Ohio (or to its Appendix, as well as such additional Washington, D.C. 20210. nominee), which will exchange such statutes as may from time to time be New General Wage Determination property for other less-disturbed enacted containing provisions for the Decisions wetland property in the area, which the payment of wages determined to be The number of the decisions added to State will then restore and maintain in prevailing by the Secretary of Labor in the Government Printing Office perpetuity as a wetlands nature accordance with the Davis-Bacon Act. document entitled ‘‘General Wage preserve. The prevailing rates and fringe benefits The Department of Justice will determined in these decisions shall, in Determination Issued Under the Davis- receive, for a period of thirty (30) days accordance with the provisions of the Bacon and related Acts’’ are listed by from the date this notice is published, foregoing statutes, constitute the Volume and State: written comments relating to the minimum wages payable on Federal and Volume III proposed consent decree. Comments federally assisted construction projects Georgia should be addressed to the Assistant to laborers and mechanics of the GA950084 (Jul. 14, 1994) Attorney General, Environment and specified classes engaged on contract Natural Resources Division, United work of the character and in the Modification to General Wage States Department of Justice, Attention: localities described therein. Determinations Decisions Martin F. McDermott, Environmental Good cause is hereby found for not The number of decisions listed in the Defense Section, P.O. Box 23986, utilizing notice and public comment Government Printing Office document Washington, D.C. 20026–3986, and procedure thereon prior to the issuance entitled ‘‘General Wage Determinations should refer to United States v. Ike of these determinations as prescribed in Issued Under the Davis-Bacon and Parker, Jr., et al., DJ Reference No. 90– 5 U.S.C. 553 and not providing for delay Related Acts’’ being modified are listed 1–1–4001. in the effective date as prescribed in that by Volume and State. Dates of Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Notices 36311 publication in the Federal Register are Volume V Signed at Washington, DC this 7th day of in parentheses following the decisions Louisiana July 1995. being modified. LA950001 (Feb. 10, 1995) Alan L. Moss, LA950004 (Feb. 10, 1995) Director, Division of Wage Determination. Volume I LA950005 (Feb. 10, 1995) [FR Doc. 95–17081 Filed 7–13–95; 8:45 am] New York LA950009 (Feb. 10, 1995) BILLING CODE 4510±27±M NY950008 (Feb. 10, 1995) LA950012 (Feb. 10, 1995) NY950020 (Feb. 10, 1995) LA950014 (Feb. 10, 1995) NY950031 (Feb. 10, 1995) LA950018 (Feb. 10, 1995) NY950037 (Feb. 10, 1995) Nebraska NATIONAL AERONAUTICS AND NY950050 (Feb. 10, 1995) NE950001 (Feb. 10, 1995) SPACE ADMINISTRATION Vermont NE950059 (Apr. 28, 1995) [Notice 95±054] VT950002 (Feb. 10, 1995) Texas VT950026 (Jun. 09, 1995) TX950001 (Feb. 10, 1995) VT950027 (Jun. 09, 1995) NASA Advisory Council; Meeting VT950028 (Jun. 09, 1995) Volume VI AGENCY: National Aeronautics and VT950029 (Jun. 09, 1995) Colorado Space Administration. VT950030 (Jun. 09, 1995) CO950008 (Feb. 10, 1995) VT950032 (Jun. 09, 1995) South Dakota ACTION: Notice of meeting. VT950033 (Jun. 09, 1995) SD950005 (Feb. 10, 1995) SUMMARY: In accordance with the VT950034 (Jun. 09, 1995) SD950006 (Feb. 10, 1995) VT950035 (Jun. 09, 1995) SD950010 (Feb. 10, 1995) Federal Advisory Committee Act, Pub. VT950037 (Jun. 09, 1995) SD950011 (Feb. 10, 1995) L. 92–463, as amended, the National VT950038 (Jun. 09, 1995) SD950014 (Feb. 10, 1995) Aeronautics and Space Administration announces a meeting of the NASA Volume II SD950016 (Feb. 10, 1995) SD950017 (Feb. 10, 1995) Advisory Council. None SD950018 (Feb. 10, 1995) DATES: August 2, 1995, 9 a.m. to 12:30 Volume III SD950022 (Feb. 10, 1995) p.m.; and August 3, 1995, 9 a.m. to 3 SD950026 (Feb. 10, 1995) p.m. Georgia SD950041 (Feb. 10, 1995) GA950003 (Feb. 10, 1995) ADDRESSES: National Aeronautics and GA950040 (Feb. 10, 1995) General Wage Determination Space Administration, Program Review South Carolina Publication Center, Ninth Floor, Room 9H40, 300 E SC950001 (Feb. 10, 1995) Street SW., Washington, DC 20546. SC950003 (Feb. 10, 1995) General wage determinations issued FOR FURTHER INFORMATION CONTACT: SC950004 (Feb. 10, 1995) under the Davis-Bacon and related Acts, Ms. Anne L. Accola, Code Z, National SC950007 (Feb. 10, 1995) including those noted above, may be SC950019 (Feb. 10, 1995) Aeronautics and Space Administration, found in the Government Printing Office Washington, DC 20546, 202/358–0682. SC950024 (Feb. 10, 1995) (GPO) document entitled ‘‘General Wage SC950028 (Feb. 10, 1995) SUPPLEMENTARY INFORMATION: Determinations Issued Under The Davis- The SC950030 (Feb. 10, 1995) meeting will be open to the public up Bacon and Related Acts’’. This SC950033 (Feb. 10, 1995) to the seating capacity of the room. The publication is available at each of the 50 agenda for the meeting is as follows: Volume IV Regional Government Depository Illinois Libraries and many of the 1,400 —Strategic Management status IL950001 (Feb. 10, 1995) Government Depository Libraries across —Space Station program status and reports IL950002 (Feb. 10, 1995) the country. —Reusable Launch Vehicle ad hoc team IL950003 (Feb. 10, 1995) report and plan IL950005 (Feb. 10, 1995) The general wage determinations —Systems Concepts and Analysis Group IL950006 (Feb. 10, 1995) issued under the Davis-Bacon and —NASA response to prior Council IL950007 (Feb. 10, 1995) related Acts are available electronically recommendations IL950008 (Feb. 10, 1995) by subscription to the FedWorld —Committee reports IL950009 (Feb. 10, 1995) Bulletin Board System of the National —Findings and recommendations discussion IL950011 (Feb. 10, 1995) Technical Information Service (NTIS) of It is imperative that the meeting be IL950012 (Feb. 10, 1995) the U.S. Department of Commerce at held on these dates to accommodate the IL950013 (Feb. 10, 1995) (703) 487–4630. scheduling priorities of the key IL950014 (Feb. 10, 1995) participants. Visitors will be requested IL950015 (Feb. 10, 1995) Hard-copy subscriptions may be IL950016 (Feb. 10, 1995) purchased from: Superintendent of to sign a visitor’s register. IL950017 (Feb. 10, 1995) Documents, U.S. Government Printing Dated: July 10, 1995. IL950022 (Feb. 10, 1995) Office, Washington, DC 20402, (202) Timothy M. Sullivan, IL950023 (Feb. 10, 1995) 512–1800. Advisory Committee Management Officer. IL950027 (Feb. 10, 1995) IL950029 (Feb. 10, 1995) When ordering hard-copy [FR Doc. 95–17312 Filed 7–13–95; 8:45 am] IL950032 (Feb. 10, 1995) subscription(s), be sure to specify the BILLING CODE 7510±01±M IL950046 (Feb. 10, 1995) State(s) of interest, since subscriptions IL950051 (Feb. 10, 1995) may be ordered for any or all of the six IL950071 (Feb. 10, 1995) separate volumes, arranged by State. Procurement Policies and Practices; IL950073 (Feb. 10, 1995) Subscriptions include an annual edition Meeting IL950082 (Feb. 10, 1995) (issued in January or February) which IL950090 (Feb. 10, 1995) AGENCY: National Aeronautics and IL950096 (Feb. 10, 1995) included all current general wage Space Administration. IL950098 (Feb. 10, 1995) determinations for the States covered by ACTION: Notice of meeting. Indiana each volume. Throughout the remainder IN950001 (Feb. 10, 1995) of the year, regular weekly updates will SUMMARY: NASA will conduct an open IN950005 (Feb. 10, 1995) be distributed to subscribers. forum meeting to solicit questions, 36312 Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Notices views and opinions of interested direction, realistic cost estimates and for malfunctions that may challenge persons or firms concerning NASA’s more effective and timely negotiations. safety systems. Additionally, every procurement policies and practices. The Award Fee Initiative. NASA has shutdown and restart results in purpose of the meeting is to have an published regulations for Award Fee radiation exposure for plant workers a open discussion between NASA’s policy at 48 CFR part 1816, subpart 4. they perform shutdown and restart Associate Administrator for MidRange Procurement Procedure. A related tasks in radiation areas in Procurement, industry, and the public. test program for a third category of various parts of the plant. DATES: August 31, 1995, from 2 p.m. to procurements between $25,000 and There is no overriding technical need 4 p.m. $500,000 (annually) has been for the Type B tests. The tests are implemented at all NASA Centers. intended to detect local leaks and to ADDRESSES: The meeting will be held at Procurement Reinvention Laboratory. measure leakage across each pressure- the Von Karman Auditorium located at The NASA Headquarters Acquisition containing or leakage-limiting boundary the Jet Propulsion Laboratory, 4800 Oak Division is participating in this for certain reactor containment Grove Drive, Pasadena, California, initiative which grew out of the penetrations, thereby providing 91109. National Performance Review. This assurance that maximum allowable FOR FURTHER INFORMATION CONTACT: Procurement Reinvention Laboratory is containment leakage rates are not Lydia Casarez, NASA Management one of several Procurement Reinvention exceeded. Section III.D.2(a) of Appendix Office—Jet Propulsion Laboratory, Code Labs underway across the Government. J to 10 CFR Part 50 requires that Type 180–801, 4800 Oak Grove Drive, Deidre A. Lee, B leak rate tests, except for airlocks, be Pasadena, CA 91109, (818) 354–5359. Associate Administrator for Procurement. performed during reactor shutdown for SUPPLEMENTARY INFORMATION: [FR Doc. 95–17238 Filed 7–13–95; 8:45 am] refueling, or at other convenient intervals, but in no case at intervals Format BILLING CODE 7510±01±M greater than two years. The requested There will be a presentation by the exemption for an extension of the 2-year Associate Administrator for surveillance interval would allow these Procurement, followed by a question NUCLEAR REGULATORY penetrations to be tested at the next and answer period. Procurement issues COMMISSION refueling outage, scheduled to will be discussed including NASA [Docket No. 50±298] commence on October 13, 1995. The policies used in the award and current 2-year interval ends on July 17, administration of contracts. Nebraska Public Power District; 1995, when the plan this expected to be Cooper Nuclear Station; Environmental Admittance at power. The current operating cycle Assessment and Finding of No for CNS commenced on August 1, 1993, Doors will open at 1:30 p.m. Significant Impact and has included an extended, Admittance will be on a first-come, first- unplanned outage of nearly nine months The U.S. Nuclear Regulatory served basis. Auditorium capacity is (May 25, 1994, through February 21, Commission (the Commission) is limited to approximately 225 persons; 1995). This factor, along with the considering the issuance of an therefore, a maximum of two anticipated load demand and fuel exemption from the requirements of representatives per firm is requested. No capacity, has resulted in the Appendix J to 10 CFR Part 50 to the reservations will be accepted. Questions rescheduling of the next refueling Nebraska Public Power District (the for the open forum should be presented outage to October 1995. at the meeting and should not be licensee) for the Cooper Nuclear Station In its December 27, 1994, exemption submitted in advance. Position papers (CNS), located in Nemaha County, request, the licensee cited several are not being solicited. Nebraska. factors to demonstrate that a high level of confidence exists that the subject Initiatives Environmental Assessment penetrations will still be capable of In addition to the general discussion Identification of the Proposed Action performing their intended function if mentioned above, NASA invites The proposed action would grant an the required testing is deferred for a comments or questions relative to its exemption from the requirements of short time. The drywell head and ongoing Procurement Initiatives, some Section III.D.2(a) of Appendix J to 10 manport penetrations have never failed of which include the following: CFR Part 50, to allow Type B testing a Type B local leak rate test in the more Cost Control. NASA is developing this (local leak rate testing) of the drywell than 20 years the plant has been initiative to increase the emphasis on head and manport primary containment operating; therefore, the potential for cost control with its contractors and penetrations to be deferred from the any significant degradation of the within the agency. current due date of July 17, 1995, until penetrations during the few months that Source Selection. NASA is working to the next refueling outage, which is the tests would be deferred is extremely reduce the time and effort that scheduled to commence on October 13, low. Although the drywell head seal is contractors and source selection 1995. made from a silicone rubber compound personnel spend on a contract. The proposed action is in accordance and environmental conditions such as Performance Based Contracting. with the licensee’s request for heat and radiation have been shown to NASA’s newest procurement initiative exemption dated December 27, 1994. case degradation in silicone is focused on structuring an acquisition compounds, the current operating cycle around the purpose of the work to be The Need for the Proposed Action will consist of a maximum of 18 months performed instead of how the work is to The proposed action is needed to of power operation. Typically, the seal be performed or broad and imprecise avoid a plant shutdown solely for the is expected to function for a much statements of work. performance of two Type B tests of the longer period, as Appendix J allows up Change Order Reduction and Process subject penetrations. Plant shutdown is to 2 years of power operation between Change. NASA is attempting to improve undesirable because it subjects the tests. Finally, gross failure of the overall change order management reactor and its supporting systems to penetrations is highly unlikely, as the through the use of better technical transients which increase the potential drywell head and manport penetrations Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Notices 36313 are not active components, and the Nebraska State official, Ms. Julia and (2) where special circumstances are therefore, are not subject to active Schmidt, Division of Radiological present. failure criteria. Health, Nebraska Department of Health, Section III.D.1.(a) of Appendix J to 10 regarding the environmental impact of CFR Part 50 requires the performance of Environmental Impacts of the Proposed the proposed action. The State official three Type A containment integrated Action had no comments. leakage rate tests (ILRTs), at The Commission has completed its approximately equal intervals during evaluation of the proposed action and Finding of No Significant Impact each 10-year service period of the concludes that the proposed exemption Based upon the environmental primary containment. The third test of is appropriate. The exemption would assessment, the Commission concludes each set shall be conducted when the allow a one-time schedular exemption that the proposed action will not have plant is shut down for the 10-year from Appendix J to 10 CFR Part 50 to a significant effect on the quality of the inservice inspection required by 10 CFR allow the Type B testing of two primary human environment. Accordingly, the 50.55a. containment penetrations to be deferred Commission has determined not to III until the next refueling outage, resulting prepare an environmental impact in approximately three additional statement for the proposed action. By letter dated March 17, 1995, months of plant operation beyond the For further details with respect to this IMPCo requested temporary relief from date that those penetrations are action, see the licensee’s request for the requirement to perform a set of three currently required to be tested. exemption dated December 27, 1994, Type A tests at approximately equal The change will not increase the which is available for public inspection intervals during each 10-year service probability or consequences of at the Commission’s Public Document period of the primary containment. The accidents, no changes are being made in Room, The Gelman Building, 2120 L requested exemption would permit a the types of any effluents that may be Street, NW., Washington, DC, and at the one-time interval extension of the third released offsite, and there is no Commission’s Local Public Document Type A test by approximately 20 significant increase in the allowable Room at the Auburn Public Library, 118 months (from the 1995 refueling outage, individual or cumulative occupational 15th Street, Auburn, Nebraska 68305. currently scheduled to begin in radiation exposure. Accordingly, the September 1995, to the 1997 refueling Dated at Rockville, Maryland, this 10th day outage) and would permit the third Commission concludes that there are no of July 1995. significant radiological environmental Type A test of the second 10-year For the Nuclear Regulatory Commission. impacts associated with the proposed inservice inspection period to not action. James R. Hall, Sr., correspond with the end of the current With regard to potential Project Manager, Project Directorate IV–1, American Society of Mechanical nonradiological impacts, the proposed Division of Reactor Projects III/IV, Office of Engineers Boiler and Pressure Vessel Nuclear Reactor Regulation. action does involve features located Code (ASME Code) inservice inspection entirely within the restricted areas as [FR Doc. 95–17296 Filed 7–13–95; 8:45 am] interval. defined in 10 CFR Part 20. It does not BILLING CODE 7590±01±M The licensee’s request cites the affect nonradiological plant effluents special circumstances of 10 CFR 50.12, and has no other environmental impact. paragraph (a)(2)(ii), as the basis for the Accordingly, the Commission concludes [Docket No. 50±315] exemption. In addition, the licensee that there are no significant states that the exemption would nonradiological environmental impacts In the Matter of: Indiana Michigan eliminate a cost of $130,000 for the associated with the proposed action. Power Company (D.C. Cook Nuclear Type A test which is not necessary to Plant, Unit 1); Exemption achieve the underlying purpose of the Alternatives to the Proposed Action rule. 10 CFR Part 50 Appendix J, states I Since the Commission has concluded that the purpose of the Type A, B, and that there is no measurable Indiana Michigan Power Company C tests is to assure that leakage through environmental impact associated with (IMPCo, the licensee) is the holder of the primary containment shall not the proposed action, any alternatives Facility Operating License No. DPR–58 exceed the allowable leakage rate values with equal or greater environmental which authorizes operation of the as specified in the technical impact need not be evaluated. As an Donald C. Cook Unit 1 Nuclear Plant at specifications or associated bases. alternative to the proposed action, the steady-state reactor power levels not in IMPCo points out that the existing Type staff considered denial of the requested excess of 3250 megawatts thermal. The B and C testing programs are not being exemption. Denial of the application Cook 1 facility is a pressurized water modified by this request and will would result in no change in current reactor located at the licensee’s site in continue to effectively detect environmental impacts. The Berrien County, Michigan. The license containment leakage caused by the environmental impacts of the proposed provides, among other things, that the degradation of active containment action and the alternative action are facility is subject to all rules, isolation components as well as similar. regulations, and orders of the Nuclear containment penetrations. It has been Regulatory Commission (the the experience at the D.C. Cook Plant Alternative Use of Resources Commission) now or hereafter in effect. that during the six Type A tests conducted from 1974 to date, any This action does not involve the use II of any resources not previously significant containment leakage paths considered in the Final Environmental Pursuant to 10 CFR 50.12(a), the NRC are detected by the Type B and C Statement for the Cooper Nuclear may grant exemptions from the testing. The Type A test results have Station, dated February 1973. requirements of the regulations (1) only been confirmatory of the results of which are authorized by law, will not the Type B and C test results. The Agencies and Persons Consulted present an undue risk to the public testing history, structural capability of In accordance with its stated policy, health and safety, and are consistent the containment, and the risk on July 5, 1995, the staff consulted with with the common defense and security; assessment establish that there is 36314 Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Notices significant assurance that the extended the dome and wall and 1⁄4 inch at the particular circumstances is not interval between Type A tests will not bottom, which is attached to the inside necessary to achieve the underlying adversely impact the leak-tight integrity face of the concrete shell to ensure a purpose of the rule. Therefore, special of the containment and that high degree of leak tightness. circumstances exist pursuant to 10 CFR performance of the Type A test is not The NRC staff has also made use of 50.12(a)(2)(ii). necessary to meet the underlying the information in a draft staff report, Accordingly, the Commission has purpose of Appendix J. NUREG–1493, ‘‘Performance-Based determined that, pursuant to 10 CFR Containment Leak-Test Program,’’ 50.12, this exemption as described in IV which provides the technical Section III above is authorized by law, Section III.D.1.(a) of Appendix J to 10 justification for the present Appendix J will not present an undue risk to the CFR Part 50 states that a set of three rulemaking effort which also includes a public health and safety, and is Type A leakage rate tests shall be 10-year test interval for Type A tests. consistent with the common defense performed at approximately equal The ILRT, or Type A test, measures and security. The Commission further intervals during each 10-year service overall containment leakage. However, determines that special circumstances period. operating experience with all types of as provided in 10 CFR 50.12(a)(2)(ii) are The licensee proposes an exemption containments used in this country present justifying the exemption. to this section which would provide a demonstrates that essentially all Based on the generic and plant- one-time interval extension for the Type containment leakage can be detected by specific data, the NRC staff finds the A test by approximately 20 months. The Local Leak Rate Tests (Type B and C). basis for the licensee’s proposed one- Commission has determined, for the According to results given in NUREG– time schedular exemption to allow an reasons discussed below, that pursuant 1493, out of 180 ILRT reports covering extension of one cycle for the to 10 CFR 50.12(a)(1) this exemption is 110 individual reactors and performance of the Appendix J, Type A authorized by law, will not present an approximately 770 years of operating test, provided that the general undue risk to the public health and history, only 5 ILRT failures were found containment inspection is performed, to safety, and is consistent with the which local leakage rate testing could be acceptable, pursuant to 10 CFR common defense and security. The not detect. This is 3% of all failures. 50.12(a) (1) and (2). Commission further determines that This study agrees well with previous Pursuant to 10 CFR 51.32, the special circumstances, as provided in 10 NRC staff studies which show that Type Commission has determined that CFR 50.12(a)(2)(ii), are present justifying B and C testing can detect a very large granting this exemption will not have a the exemption; namely, that application percentage of containment leaks. The significant effect on the quality of the of the regulation in the particular Cook Plant experience has also been human environment (60 FR 32354). circumstances is not necessary to consistent with these results. This exemption is effective upon achieve the underlying purpose of the The Nuclear Management and issuance. rule. Resources Council (NUMARC), now the The underlying purpose of the Dated at Rockville, Maryland, this 6th day Nuclear Energy Institute (NEI), collected of July 1995. requirement to perform Type A and provided the NRC staff with For the Nuclear Regulatory Commission. containment leak rate tests at intervals summaries of data to assist in the during the 10-year service period is to Appendix J rulemaking effort. NUMARC Robert A. Capra, ensure that any potential leakage collected results of 144 ILRTs from 33 Acting Director, Division of Reactor Projects III/IV, Office of Nuclear Reactor Regulation. pathways through the containment units; 23 ILRTs exceeded 1La. Of these, boundary are identified within a time only nine were not Type B or C leakage [FR Doc. 95–17294 Filed 7–13–95; 8:45 am] span that prevents significant penalties. The NEI data also added BILLING CODE 7590±01±M degradation from continuing. The NRC another perspective. The NEI data show staff has reviewed the basis and that in about one-third of the cases [Docket No. 50±280] supporting information provided by the exceeding allowable leakage, the as- licensee in the exemption request. The found leakage was less than 2La; in one In the Matter of: Virginia Electric Power NRC staff has noted that the licensee has case the leakage was found to be Company (Surry Power Station Unit a good record of ensuring a leak-tight approximately 2La; in one case the as- No. 1); Exemption containment. found leakage was less than 3La; one I The licensee notes that the results of case approached 10La; and in one case the Type A testing have been the leakage was found to be Virginia Electric and Power Company confirmatory of the Type B and C tests approximately 21La. For about half of (the licensee) is the holder of Facility which will continue to be performed. the failed ILRTs the as-found leakage Operating License No. DPR–37, which The licensee has stated that it will was not quantified. These data show authorizes operation of Surry Power perform the general containment that, for those ILRTs for which the Station, Unit 1 (the facility), at a steady- inspection although it is required by leakage was quantified, the leakage state reactor power level not in excess Appendix J (Section V.A.) to be values are small in comparison to the of 2441 megawatts thermal. The facility performed only in conjunction with leakage value at which the risk to the is a pressurized water reactor located at Type A tests. The NRC staff considers public starts to increase over the value the licensee’s site in Surry County, that these inspections, though limited in of risk corresponding to La Virginia. The license provide among scope, provide an important added level (approximately 200La, as discussed in other things, that it is subject to all of confidence in the continued integrity NUREG–1493). Therefore, based on rules, regulations, and Orders of the of the containment boundary. these considerations, it is unlikely that U.S. Nuclear Regulatory Commission The Cook containment structure an extension of one cycle for the (the Commission or NRC) now or consists of a reinforced concrete performance of the Appendix J, Type A hereafter in effect. cylindrical structure with a test at the D.C. Cook Plant would result hemispherical dome. The interior of the in significant degradation of the overall II containment has a welded steel liner, containment integrity. As a result, the Section III.D.1.(a) of Appendix J to 10 with a minimum thickness of 3⁄8 inch at application of the regulation in these CFR Part 50 requires the performance of Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Notices 36315 three Type A containment integrated application of the regulation is not local leakage rate tests (Type B and C). leakage rate tests (ILRTs) of the primary necessary to achieve the underlying According to results given in NUREG– containment, at approximately equal purpose of the rule. 1493, out of 180 ILRT reports covering intervals during each 10-year service Appendix J states that the leakage test 110 individual reactors and period. The third test of each set shall requirements provide for periodic approximately 770 years of operating be conducted when the plant is shut verification by tests of the leak tight history, only 5 ILRT failures were found down for the 10-year inservice integrity of the primary reactor which local leakage rate testing could inspection program. containment. Appendix J further states not detect. This is 3% of all failures. that the purpose of the tests ‘‘is to assure III This study agrees well with previous that leakage through the primary reactor NRC staff studies which show that Type By letter dated April 28, 1995, the containment shall not exceed the B and C testing can detect a very large licensee requested temporary relief from allowable leakage rate values as percentage of containment leaks. the requirement to perform a set of three specified in the Technical The Nuclear Management and Type A tests at approximately equal Specifications or associated bases’’. Resources Council (NUMARC), now the intervals during each 10-year service Thus, the underlying purpose of the Nuclear Energy Institute (NEI), collected period of the primary containment. The requirement to perform type A and provided the NRC staff with requested exemption would permit a containment leak rate tests at intervals summaries of data to assist in the one-time interval extension of the third during the 10-year service period is to Appendix J rulemaking effort. NUMARC Type A test by approximately 18 ensure that any potential leakage collected results of 144 ILRTs from 33 months (from the October 1995 pathways through the containment units; 23 ILRTs exceeded 1.0La. Of refueling outage, to the February 1997 boundary are identified within a time these, only nine were not due to Type refueling outage) and would permit the span that prevents significant B or C leakage penalties. The NEI data third Type A test of the second 10-year degradation from continuing or show that in about one-third of the cases inservice inspection period to not becoming unknown. exceeding allowable leakage, the as- correspond with the end of the current The NRC staff has reviewed the basis found leakage was less than 2La; in one American Society of Mechanical and supporting information provided by case the leakage was found to be Engineers Boiler and Pressure Vessel the licensee in the exemption request. approximately 2La; in one case the as- Code (ASME Code) inservice inspection The NRC staff has noted that the found leakage was less than 3La; one interval. licensee’s record of ensuring a leak-tight case approached 10La; and in one case The licensee’s request cites the containment has improved markedly the leakage was found to be special circumstances of 10 CFR 50.12, since 1986. All ‘‘as-found’’ Type A tests approximately 21La. For about half of paragraph (a)(2)(ii), as the basis for the since 1986 have passed and the results the failed ILRTs the as-found leakage exemption. The licensee points out that of the Type A testing have been was not quantified. These data show the existing Type B and C testing confirmatory of the Type B and C tests that, for those ILRTs for which the programs are not being modified by this which will continue to be performed. leakage was quantified, the leakage request and will continue to effectively The licensee will perform the general detect containment leakage caused by containment inspection although it is values are small in comparison to the the degradation of active containment only required by Appendix J (Section leakage value at which the risk to the isolation components as well as V.A.) to be performed in conjunction public starts to increase over the value containment penetrations. It has been with Type A tests. The NRC staff of risk corresponding to La the experience at Surry Unit 1 during considers that these inspections, though (approximately 200La, as discussed in the Type A tests conducted from 1986 limited in scope, provide an important NUREG–1493). Therefore, based on to date, that the Type A tests have not added level of confidence in the those considerations, it is unlikely that identified any significant sources of continued integrity of the containment an extension of one cycle for the leakage in addition to those found by boundary. performance of the Appendix J, Type A the Type B and C tests. The Surry Unit 1 containment is of test at Surry, Unit 1, would result in During operation, the Surry Unit 1 the subatmospheric design. During significant degradation of the overall containment is maintained at a operation,the containment is containment integrity. As a result, the subatmospheric pressure maintained at a subatmospheric application of the regulation in these (approximately 10.0 psia) which pressure (approximately 10 psia) which particular circumstances is not needed provides a good indication of the provides for constant monitoring of the to achieve the underlying purpose of the containment integrity. Technical containment integrity and further rule. Specifications require the containment obviates the need for Type A testing at Based on generic and plant specific to be subatmospheric whenever Reactor this time. If the containment air partial data, the NRC staff finds the basis for Coolant System temperature and pressure exceeds the established the licensee’s proposed exemption to pressure exceeds 350 °F and 450 psig, Technical Specification limit, the unit allow a one-time exemption to permit a respectively. Containment air partial must be shut down. schedular extension of one cycle for the pressure is monitored in the control The NRC staff has also made use of a performance of the Appendix Type A room to ensure Technical Specification draft staff report, NUREG–1493, which test, provided that the general compliance. If the containment air provides the technical justification for containment inspection is performed, to partial pressure increases above the the present Appendix J rulemaking be acceptable. established Technical Specification effort which also includes a 10-year test Pursuant to 10 CFR 51.32, the limit, the unit is required to shut down. interval for Type A tests. The integrated Commission has determined that leakage rate test, or Type A test, granting this Exemption will not have a IV measures overall containment leakage. significant impact on the environment In the licensee’s April 28, 1995, However, operating experience with all (60 FR 35439). exemption request, the licensee stated types of containments used in this This Exemption is effective upon that special circumstance 50.12(a)(2)(ii) country demonstrates that essentially all issuance and shall expire at the is applicable to this situation, i.e., that containment leakage can be detected by completion of the 1997 refueling outage. 36316 Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Notices Dated at Rockville, Maryland, this 7th day increase the equipment cost threshold for DATES: Comments on this proposal of July 1995. capitalization from $500 to $5000 under should be received on or before August For the Nuclear Regulatory Commission. Office of Management and Budget (OMB) 13, 1995. Steven A. Varga, Circulars A–21, ‘‘Cost Principles for Educational Institutions,’’ and A–122, ‘‘Cost ADDRESSES: Send or deliver comments Director of Reactor Projects—I/II Office of Principles for Non-Profit Organizations.’’ to— Nuclear Reactor Regulation. However, this waiver authority does not Lorraine E. Dettman, Retirement and [FR Doc. 95–17295 Filed 7–13–95; 8:45 am] extend to nonprofit organizations subject to Insurance Service, Operations BILLING CODE 7590±01±M Circular A–122 that are also subject to Cost Support Division, U.S. Office of Accounting Standards 9904.404 and Personnel Management, 1900 E. 9904.409. Street, NW., Room 3349, Washington, This waiver authority is provided at the OFFICE OF MANAGEMENT AND DC 20415 BUDGET request of the Department of Health and Human Services and the Department of and Joseph Lackey, OPM Desk Officer, Office of Federal Financial Defense, Office of Naval Research, the major Federal cost cognizant agencies. The Office of Information and, Regulatory Management; Equipment Capitalization increased capitalization thresholds under Affairs, Office of Management and Threshold Waivers for Universities and Circulars A–21 and A–122 provide Budget, New Executive Office Non-Profit Organizations (OMB conformity with Circular A–87, ‘‘Cost Building, NW., Room 10235, Circulars A±21 and A±122) Principles for State, Local, and Indian Tribal Washington, DC 20503. Governments,’’ Circular A–110, ‘‘Uniform FOR INFORMATION REGARDING AGENCY: Office of Federal Financial Administrative Requirements for Grants and ADMINISTRATIVE COORDINATION CONTACT: Management, OMB. Agreements with Institutions of Higher ACTION: Notice. Education, Hospitals, and Non-Profit Mary Beth Smith-Toomey, Forms Organizations,’’ and the agencies’ Grants Analysis and Design, (202) 606–0623. SUMMARY: This Notice provides a copy Management Common Rule, all of which Office of Personnel Management. of an Office of Management and Budget have a $5000 capitalization threshold. Lorraine A. Green, (OMB) memorandum to the agencies OMB has proposed revising the equipment regarding equipment capitalization capitalization threshold under Circular A–21, Deputy Director. threshold waivers under OMB cost and is preparing a similar proposal for [FR Doc. 95–17279 Filed 7–13–95; 8:45 am] principles circulars for universities Circular A–122. However, we do not expect BILLING CODE 6325±01±M (OMB Circular A–21, ‘‘Cost Principles to publish final notices of revised threshold amounts until other issues to be included in for Educational Institutions’’) and non- the same notices have been resolved. We PENSION BENEFIT GUARANTY profit organizations (OMB Circular A– expect this waiver to reduce the accounting 122, ‘‘Cost Principles for Non-Profit and recordkeeping requirements for many CORPORATION Organizations’’). recipients of sponsored agreements and to Pendency of Request for Exemption DATES: The effective date is June 29, eliminate any confusion that may result from From the Bond/Escrow Requirement 1995. different capitalization thresholds. If you have any questions concerning this Relating to the Sale of Assets by an FOR FURTHER INFORMATION CONTACT: waiver, please call OMB Deputy Controller, Employer who Contributes to a Non-Federal organizations should Norwood J. Jackson, Jr., at (202) 395–3993. Multiemployer Plan; Associated contact their cognizant Federal agency. Wholesale Grocers, Inc. Federal agencies should contact the [FR Doc. 95–17274 Filed 7–13–95; 8:45 am] Financial Standards and Reporting BILLING CODE 3110±01±P AGENCY: Pension Benefit Guaranty Branch, Office of Federal Financial Corporation. Management, Office of Management and ACTION: Notice of pendency of request. Budget, Room 6025 New Executive OFFICE OF PERSONNEL SUMMARY: This notice advises interested Office Building, Washington, DC 20503. MANAGEMENT Telephone (202) 395–3993. persons that the Pension Benefit SUPPLEMENTARY INFORMATION: This Notice of Request for Reclearance of Guaranty Corporation has received a Notice provides a copy of a July 29, RI 20±001 request from Associated Wholesale 1995 Office of Management and Budget Grocers, Inc. for an exemption from the (OMB) memorandum to the agencies AGENCY: Office of Personnel bond/escrow requirement of section entitled ‘‘Equipment Capitalization Management. 4204(a)(1)(B) of the Employee Threshold Waivers Under OMB Cost ACTION: Notice. Retirement Income Security Act of 1974, Principles Circulars for Universities and as amended, with respect to the Central Non-Profit Organizations.’’ SUMMARY: In accordance with the States Southeast and Southwest Areas Norwood J. Jackson, Jr., Paperwork Reduction Act of 1980 (title Pension Plan. Section 4204(a)(1) 44, U.S. Code, chapter 35), this notice provides that the sale of assets by an Acting Controller. announces a request for a reclearance of employer that contributes to a Herein follows the text of the Office an information collection. RI 20–1, multiemployer pension plan will not of Management and Budget’s Application for Minimum Annuity, is result in a complete or partial memorandum to the agencies: completed by annuitants to determine if withdrawal from the plan if certain June 29, 1995. they quality for minimum annuity conditions are met. One of these Memorandum for the Heads of Executive under certain provisions of 5 U.S.C. conditions is that the purchaser post a Departments and Establishments 8345(f). bond or deposit money in escrow for the From: Alice M. Rivlin, Director Subject: Equipment Capitalization Threshold Approximately 50 RI 20–1s are five-plan-year period beginning after the Waivers under OMB Cost Principles completed annually. We estimate that it sale. The PBGC is authorized to grant Circulars for Universities and Non-Profit takes 15 minutes to fill out the form. individual and class exemptions from Organizations The annual burden is 13 hours. this requirement. Before granting an This memorandum authorizes Federal For copies of this proposal, contact exemption the PBGC is required to give agencies with cost negotiation cognizance to Doris R. Benz on (703) 908–8564. interested persons an opportunity to Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Notices 36317 comment on the exemption request. The beginning after the sale and fails to pay determines that approval of the request purpose of this notice is to advise any of its liability to the plan, the seller is warranted, in that it— interested persons of the exemption shall be secondarily liable for the (1) Would more effectively or request and solicit their views on it. liability it (the seller) would have had equitably carry out the purposes of Title DATES: Comments must be submitted on but for section 4204. IV of the Act; and or before August 28, 1995. The bond or escrow described above (2) Would not significantly increase ADDRESSES: All written comments (at would be paid to the plan if the the risk of financial loss to the plan. least three copies) should be addressed purchaser withdraws from the plan or Section 4204(c) of ERISA and section to: Pension Benefit Guaranty fails to make any required contributions 2643.3(b) of the regulation require the Corporation, Office of the General to the plan within the first five plan PBGC to publish a notice of the Counsel, 1200 K Street, N.W., years beginning after the sale. pendency of a request for a variance or Washington, D.C. 20005–4026, or hand- Additionally, section 4204(b)(1) exemption in the Federal Register, and delivered to Suite 340 at the above provides that if a sale of assets is to provide interested parties with an address between 9 a.m. and 4 p.m., covered by section 4204, the purchaser opportunity to comment on the Monday though Friday. The non- assumes by operation of law the proposed variance or exemption. confidential portions of the request for contribution record of the seller for the The Request plan year in which the sale occurred an exemption and the comments The PBGC has received a request from and the preceding four plan years. received will be available for public Associated Wholesale Grocers, Inc. (the Section 4204(c) of ERISA authorizes inspection at the PBGC ‘‘Buyer’’), for an exemption from the the Pension Benefit Guaranty Communications and Public Affairs bond/escrow requirement of section Corporation (‘‘PBGC’’) to grant Department, Suite 240, at the above 4204(a)(1)(B) with respect to its individual or class variances or address, between the hours of 9 a.m. purchase of certain assets of Homeland exemptions from the purchaser’s bond/ and 4 p.m., Monday through Friday. Stores, Inc. (the ‘‘Seller’’), on April 21, escrow requirement of section FOR FURTHER INFORMATION CONTACT: 1995. In support of the request, the 4204(a)(1)(B) when warranted. The Gennice D. Brickhouse, Office of the Buyer represents among other things legislative history of section 4204 General Counsel, Pension Benefit that: Guaranty Corporation, 1200 K Street, indicates a Congressional intent that the 1. On February 6, 1995, the Buyer and N.W., Washington, D.C. 20005–4025; sales rules be administered in a manner the Seller entered into an Asset telephone 202–326–4029 (202–326– that assures protection of the plan with Purchase Agreement for the Buyer to 4179 for TTY and TDD). These are not the least practicable intrusion into purchase, among other things, assets of toll-free numbers. normal business transactions. Senate the Seller in the form of a distribution Committee on Labor and Human SUPPLEMENTARY INFORMATION: center located in Oklahoma City and a Resources, 96th Cong., 2nd Sess., S. number of retail stores located in Background 1076, The Multiemployer Pension Plan Oklahoma. The final closing of the Section 4204 of the Employee Amendments Act of 1980: Summary transaction occurred on April 21, 1995. Retirement Income Security Act of 1974, and Analysis of Considerations 16 2. Pursuant to a collective bargaining as amended by the Multiemployer (Comm. Print, April 1980); 128 Cong. agreement, the Seller contributes to the Pension Plan Amendments Act of 1980 Rec. S10117 (July 29, 1980). The Central States Southeast and Southwest (‘‘ERISA’’ or the ‘‘Act’’), provides that a granting of an exemption or variance Areas Pension Fund (the ‘‘Plan’’) for bona fide arm’s-length sale of assets of from the bond/escrow requirement does employees at operations subject to the a contributing employer to an unrelated not constitute a finding by the PBGC sale. party will not be considered a that a particular transactions satisfies 3. The Buyer is a privately owned withdrawal if three conditions are met. the other requirements of section cooperative with 300 to 400 members These conditions, enumerated in section 4204(a)(1). Such questions are to be whose principal business is the 4204(a)(1)(A)–(C), are that— decided by the plan sponsor in the first operation of independent distribution (A) The purchaser has an obligation to instance, and any disputes are to be centers. Pursuant to collective contribute to the plan with respect to resolved in arbitration. 29 U.S.C. bargaining agreements, the Buyer is also the operations for substantially the same Sections 1382, 1399, 1401. a contributing employer under the Plan. number of contribution base units for Under the PBGC’s regulation on 4. On or about April 21, 1995, Buyer which the seller was obligated to variances for sales of assets (29 C.F.R. and Seller also entered into a Supply contribute; part 2643), a request for a variance or Agreement under which the Buyer will (B) The purchaser obtains a bond or waiver of the bond/escrow requirement supply grocery and other items to the places an amount in escrow, for a period under any of the tests established in the Seller for use in the retail grocery stores of five plan years after the sale, in an regulation (29 C.F.R. 2643.12–2643.14) that are being retained by the Seller. In amount equal to the greater of the is to be made to the plan in question. addition, the Seller will become a seller’s average required annual The PBGC will consider waiver requests member of the Buyer’s cooperative after contribution to the plan for the three only when the request is not based on the sale. plan years preceding the year in which satisfaction of one of the four regulatory 5. It is anticipated that the Buyer will the sale occurred or the seller’s required tests or when the parties assert that the enter into a collective bargaining annual contribution for the plan year financial information necessary to show agreement whereby the Buyer will be preceding the year in which the sale satisfaction of one of the regulatory tests required to contribute to the Plan for occurred (the amount of the bond or is privileged or confidential financial substantially the same number of escrow is doubled if the plan is in information within the meaning of 5 contributions base units with respect to reorganization in the year in which the U.S.C. section 552(b)(4) (the Freedom of employees of the Seller who work at sale occurred); and Information Act). operations subject to the sale. (C) The contract of sale provides that Under section 2643.3 of the 6. The Supplemental Agreement if the purchaser withdraws from the regulation, the PBGC shall approve a further provides that the Seller agrees to plan within the first five plan years request for a variance or exemption if it be secondarily liable for any withdrawal 36318 Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Notices liability it would have had with respect SECURITIES AND EXCHANGE II. Self-Regulatory Organization’s to the sold operations (if not for section COMMISSION Statement of the Purpose of, and 4204) should the Buyer withdraw from Statutory Basis for, the Proposed Rule the Plan within the five plan years [Release No. 34±35940; File No. SR±DTC± Change following the sale and fail to pay 95±07] In its filing with the Commission, withdrawal liability. DTC included statements concerning Self-Regulatory Organizations; the the purpose of and basis for the 7. The estimated amount of the Depository Trust Company; Notice of proposed rule change and discussed any unfunded vested benefits allocated to Filing and Order Granting Accelerated comments that it received on the the Seller with respect to the operations Approval on a Temporary Basis of a proposed rule change. The text of these subject to the sale is $4,282,764.37, and Proposed Rule Change Relating to statements may be examined at the the estimated amount of the unfunded DTC's Short Position Reclamation places specified in Item IV below. DTC vested benefits allocable to the Buyer Procedures has prepared summaries, set forth in with respect to its operations covered sections (A), (B), and (C) below, of the under the Plan is $14,230,560.30. July 6, 1995. most significant aspects of such Pursuant to Section 19(b)(1) of the statements.4 8. The amount of the bond/escrow Securities Exchange Act of 1934 (A) Self-Regulatory Organization’s that would be required under section (‘‘Act’’),1 notice is hereby given that on 4204(a)(1)(B) of ERISA is approximately Statement of the Purpose of, and April 20, 1995, The Depository Trust $1,000,000. Statutory Basis for, the Proposed Rule Company (‘‘DTC’’) filed with the change 9. The Buyer submitted financial Securities and Exchange Commission The proposed rule change seeks statements that show that it meets the (‘‘Commission’’) the proposed rule permanent approval of procedures that: net income test described in 29 C.F.R. change (File No. SR–DTC–95–07) as (1) Enable participants to recall book- section 2643.14(a)(1), and the net described in Items I and II below, which entry deliveries of callable securities 5 if tangible asset test described in 29 C.F.R. items have been prepared primarily by the participant’s account became short section 2643.14(a)(2)(ii), with respect to DTC. The Commission is publishing this as a result of deliveries made between the amount of unfunded vested benefits notice and order to solicit comments the call publication date 6 and the date allocable to the operations subject to the from interested persons and to grant of DTC’s call lottery 7 and (2) enable sale and its pre-sale operations. The accelerated approval of the proposed participants to recall securities Buyer has requested confidential rule change on a temporary basis deliveries which have created short treatment of these statements on the through December 31, 1995. positions as a result of rejected ground that they are confidential within deposits.8 I. Self-Regulatory Organization’s the meaning of 5 U.S.C. section 552. Pursuant to DTC’s proposal, a Statement of the Terms of Substance of participant with a short position created 10. The Buyer has sent by certified the Proposed Rule Change either because of a delivery made between the call publication date and mail, return receipt requested, a The proposed rule change seeks complete copy of the request, excluding permanent approval of DTC’s existing 4 The Commission has modified the text of the the agreements between the Seller and procedures to recall securities deliveries Buyer, certain exhibits, financial summaries submitted by DTC. which have created short positions as a 5 Callable securities are either preferred stock or statements of the Buyer, and certain result of call lotteries or rejected bonds which the issuer is permitted or required to financial data recited in the request, to redeem before the stated maturity date at a specified deposits. The Commission previously the Plan and the collective bargaining price. granted temporary approval to proposed 6 representative of the Seller. The call publication date is the date on which rule changes establishing DTC’s the issuer gives notice of redemption. procedures to recall certain deliveries 7 DTC has established a lottery process to allocate Comments called securities in a partially called issue among which have created short positions as a participants having positions in the issue. DTC 2 All interested persons are invited to result of call lotteries. The Commission allocates the called securities among participants that had positions in the issue on the call submit written comments on the also previously granted temporary approval to expand the procedures to publication date rather than on the day when the pending exemption request to the above lottery is held. For a description of DTC’s lottery address. recall securities deliveries which have processing procedures, refer to Securities Exchange created short positions as a result of Act Release No. 21523 (November 27, 1984), 49 FR All comments will be made a part of rejected deposits.3 47352 [File No. SR–DTC–84–09] (notice of filing the record. Comments received, as well and immediate effectiveness of proposed rule change). as the relevant non-confidential 1 15 U.S.C. 78s(b)(1) (1988). 8 Under DTC procedures, a participant depositing information submitted in support of the 2 For a complete description and discussion of the securities receives immediate credit in its securities request, will be available for public procedures designed to eliminate short positions account (i.e., before the certificates are sent to the inspection at the address set forth caused by call lotteries, refer to Securities Exchange transfer agent for transfer and registration in DTC’s nominee name). Once the participant’s account is above. Act Release Nos. 30552 (April 2, 1992), 57 FR 12352 [File No. SR–DTC–90–02] (order granting temporary credited, the securities are available to the Issued at Washington, D.C., on this 10th approval through April 1, 1994, of DTC’s depositing participants for deliveries, withdrawals, procedures to recall certain deliveries which have and pledges. If the transfer agent rejects a deposit day of July, 1995. after the depositing participant has made a book- created short positions as a result of call lotteries) entry delivery of the credited securities, elimination and 35034 (November 30, 1994), 59 FR 63396 [File Martin Slate, of the credit from the participant’s account may Nos. SR–DTC–94–08 SR–DTC–94–09] (order create a short position. If the securities are rejected Executive Director. granting temporary approval through May 1, 1995, by the transfer agent after ninety days of the deposit of DTC’s procedures to recall certain deliveries for registered securities and after nine months for [FR Doc. 95–17310 Filed 7–13–95; 8:45 am] which have created short positions as a result of bearer securities, the participant will not be able to call lotteries and rejected deposits). recall the book-entry delivery and the participant’s BILLING CODE 7708±01±M 3 Securities Exchange Act Release No. 35034. account will remain short. Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Notices 36319 the date of DTC’s lottery or because of custody and control of DTC or for which should enhance DTC’s ability to a rejected deposit may initiate the recall DTC is responsible. safeguard securities and funds under its control. process within ten business days of the (B) Self-Regulatory Organization’s creation of the short position by sending Statement on Burden on Competition DTC has requested that the a broadcast message directly to the Commission find good cause for receiver of the book-entry delivery. DTC does not believe that the approving the proposed rule change Participants will be able to transmit this proposed rule change will impact or prior to the thirtieth day after the date message through DTC’s Participant impose a burden on competition. of publication of notice of the filing. The Terminal System network. The (C) Self-Regulatory Organization’s Commission finds good cause for so receiving participant will have five Statement on Comments on the approving the proposed rule change business days to comply with the recall Proposed Rule Change Received From because accelerated approval will allow request if it has a position in that Members, Participants, or Others DTC participants to continue to utilize security at DTC. If the receiving No written comments have been without any disruption the reclamation participant no longer has such a solicited or received. DTC will notify procedures for short positions created position at DTC, it must comply with the Commission of any written by call lotteries or by rejected deposits. the recall request within fifteen business comments received by DTC. However, the Commission realizes days. If the short position is less than that the proposed reclamation the amount of the delivery, the receiver III. Date of Effectiveness of the procedures could cause broker-dealers has the option to return the entire Proposed Rule Change and Timing for inadvertently to create possession or delivery or just a portion equal to the Commission Action control deficits.14 Therefore, the delivering participant’s short position. If Section 17A(b)(3)(F) of the Act Commission believes that the proposed the receiving participant does not requires that the rules of a clearing rule change should be carefully comply with the recall request within agency be designed to assure the monitored before the procedures the applicable time, the recalling safeguarding of securities and funds become permanent. For this reason, the participant may request DTC’s which are in the custody or control of Commission is temporarily approving intervention.9 Recalls will reverse only the clearing agency or for which it is the proposed rule change through the book-entry delivery while the responsible.11 The Commission believes December 31, 1995. original transaction still must be settled that DTC’s short position reclamation by the delivering and receiving procedures are consistent with DTC’s IV. Solicitation of Comments participants (i.e., the delivering obligations under Section 17A(b)(3)(F) Interested persons are invited to participant must deliver securities to the because the proposed procedures submit written data, views, and receiving participant). should help DTC assure the arguments concerning the foregoing. DTC believes that the reclamation safeguarding of securities and funds by Persons making written submissions procedures have been effective in reducing the number of outstanding should file six copies thereof with the reducing short positions caused by call short positions at DTC created either by Secretary, Securities and Exchange lotteries. Through March 31, 1995, a call lotteries or by rejected deposits. Commission, 450 Fifth Street, N.W., total of 265 short positions valued at Under DTC’s procedures, participants Washington, D.C. 20549. Copies of the $48.3 million have been eliminated are obligated to cover their short submission, all subsequent pursuant to the rule. As of March 31, positions immediately. As an incentive amendments, all written statements 1995, DTC’s 256 participants carried a to cover the short position as soon as with respect to the proposed rule total of 968 short positions valued at possible and as a cushion to protect change that are filed with the approximately $37.4 million.10 The DTC in the event of a sharp rise in the Commission, and all written proposed rule change is part of a market price of the security, DTC communications relating to the program that is being implemented at participants are assessed a daily charge proposed rule change between the the request of participants and securities of 130% of the market value of each Commission and any person, other than industry groups to eliminate short security for which the participant has a those that may be withheld from the positions. short position at DTC.12 By assessing a public in accordance with the 130% daily charge to short positions in provisions of 5 U.S.C. § 552, will be DTC believes the proposed rule a participant’s account, DTC limits its change is consistent with the available for inspection and copying in risk of loss to instances when there is a the Commission’s Public Reference requirements of Section 17A of the Act rise in the market price of the security and the rules and regulations Section, 450 Fifth Street, N.W., above 130%. With this rule change, DTC Washington, D.C. 20549. Copies of such thereunder because the rule proposal should further reduce its risk of loss by seeks to make permanent procedures filing will also be available for allowing DTC participants to recall inspection and copying at the principal that should help reduce the number of certain deliveries which have resulted short positions created either by call office of DTC. All submissions should in short positions which should further refer to the file number SR–DTC–95–07 lotteries or by rejected deposits and thus reduce the total number of outstanding should assure the safeguarding of short positions. Thus, the proposal is securities and funds which are in the 14 The Commission is concerned with the consistent with Section 17A(b)(3)(F) 13 proposal’s impact on broker-dealer’s compliance of the Act in that it should help DTC to with Rule 15c3–3 under the Act [17 CFR 240.15c3– 9 The intervention request must be submitted to reduce its risk of loss and thereby 3]. This rule requires broker-dealers to obtain and DTC no later than twenty-five days after the original thereafter to maintain physical possession or reclamation request was made. control of fully-paid securities and excess margin 10 For the purposes of this filing, DTC defines the 11 15 U.S.C. 78q–1(b)(3)(F) (1988). securities carried by a broker-dealer for the account term ‘‘short position’’ to mean a separate entry (line 12 Securities Exchange Act Release No. 26896 of a customer [17 CFR 240.15c3–3(b)(1)]. If as a item) representing a participant’s obligation to (June 5, 1989), 54 FR 25185 [Filed No. SR–DTC–89– result of a recall procedure, DTC reverses the deliver to DTC one or more securities in a specific 07] (order approving a proposed rule change delivery of a security that is a fully-paid or excess issue. Letter from Piku K. Thakkar, Assistant concerning invitations to tender to cover short margin security at the receiving broker-deficit in the Counsel, DTC, to Chris Concannon, Commission positions). number of securities that should be under its (May 26, 1995). 13 15 U.S.C. 78q–1(b)(3)(F) (1988). physical possession or control. 36320 Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Notices and should be submitted by August 4, below, of the most significant aspects of reliable OCC systems, rules, and 1995. such statements.2 procedures are extended to the processing of these new currency It is therefore ordered, pursuant to (A) Self-Regulatory Organization’s contracts. Section 19(b)(2) of the Act, that the Statement of the Purpose of, and proposed rule change (File No. SR– Statutory Basis for, the Proposed Rule (B) Self-Regulatory Organization’s DTC–95–07) be, and hereby is, approved Change Statement on Burden on Competition through December 31, 1995. Under the proposed rule change, OCC OCC believes that no burden will be For the Commission by the Division of will issue, clear, and settle option placed on competition as a result of the Market Regulation, pursuant to delegated transactions where the Italian lira or the proposed rule change. authority.15 Spanish paseta is either the trading (C) Self-Regulatory Organization’s Margaret H. McFarland, currency or the underlying currency. Statement on Comments on the Deputy Secretary. The Philadelphia Stock Exchange Proposed Rule Change Received from [FR Doc. 95–17264 Filed 7–13–95; 8:45 am] (‘‘PHLX’’) has proposed to list and trade Members, Participants or Others BILLING CODE 8010±01±M such foreign currency options through its customized options facility.3 No written comments have been The PHLX rule filings propose to solicited or received. OCC will notify enable its members to trade customized the Commission of any written [Release No. 34±35937; International Series comments received by OCC. Release No. 825; File No. SR±OCC±95±05] contracts between the lira or the peseta and any other approved currency. III. Date of Effectiveness of the Self-Regulatory Organizations; the Currently, OCC has approval to list and Proposed Rule Change and Timing for Options Clearing Corp.; Filing of clear flexibly structured option Commission Action Proposed Rule Change Seeking contracts on any combination of the Within thirty-five days of the date of Approval to Issue, Clear, and Settle following currencies: (1) Australian publication of this notice in the Federal Customized Foreign Currency Options dollars, (2) British pounds, (3) Canadian Register or within such longer period (i) on the Italian Lira and Spanish Peseta dollars, (4) German marks, (5) European Economic Community currency units, as the Commission may designate up to July 5, 1995. (6) French francs, (7) Japanese yen, (8) ninety days of such date if it finds such longer period to be appropriate and Pursuant to section 19(b)(1) of the Swiss francs, and (9) United States dollars. OCC is now proposing to add publishes its reasons for so finding or Securities Exchange Act of 1934 (ii) as to which OCC consents, the 1 the Italian lira and the Spanish peseta (‘‘Act’’), notice is hereby given that on Commission will: May 4, 1995, The Options Clearing to that list of approved currencies. Options on the lira or the peseta will (a) By order approve such proposed Corporation (‘‘OCC’’) filed with the rule change or Securities and Exchange Commission be cleared and settled in accordance with the clearance and settlement (b) Institute proceedings to determine (‘‘Commission’’) the proposed rule whether the proposed rule change change as described in Items I, II, and mechanisms already in place for flexibly structured foreign currency options and should be disapproved. III below, which items have been for cross-rate foreign currency options. prepared primarily by OCC. The IV. Solicitation of Comments In addition, options on the lira or the Commission is publishing this notice to Interested persons are invited to peseta will be margined like OCC’s solicit comments from interested submit written data, views, and existing foreign currency and cross-rate persons. arguments concerning the foregoing. foreign currency option contracts. Persons making written submission I. Self-Regulatory Organization’s Accordingly, OCC has determined that should file six copies thereof with the no changes to its by-laws or rules are Statement of the Terms of Substance of Secretary, Securities and Exchange necessary to accommodate these new the Proposed Rule Change Commission, 450 Fifth Street, NW., contracts. The proposed rule change will enable OCC believes the proposed rule Washington, DC 20549. Copies of the OCC to issue, clear, and settle option change is consistent with the submissions, all subsequent transactions where the Italian lira or the requirements of section 17A of the Act 4 amendments, all written statements Spanish peseta is either the trading and the rules and regulations with respect to the proposed rule currency or the underlying currency. thereunder because the proposal will change that are filed with the provide for the prompt and accurate Commission, and all written II. Self-Regulatory Organization’s communications relating to the Statement of the Purpose of, and clearance and settlement of transactions in options on the Italian lira and the proposed rule change between the Statutory Basis for, the Proposed Rule Commission and any person, other than Change Spanish peseta and will provide for the safeguarding of related securities and those that may be withheld from the public in accordance with the In its filing with the Commission, funds. The proposed rule change meets such requirements by establishing a provisions of 5 U.S.C. 552, will be OCC included statements concerning available for inspection and copying in framework in which existing and the purpose of and basis for the the Commission’s Public Reference proposed rule change and discussed any Room, 450 Fifth Street, NW., 2 The Commission has modified the language in comments it received on the proposed Washington, DC 20549. Copies of such rule change. The text of these statements these sections. 3 For a discussion of the PHLX proposals, refer to filings will also be available for may be examined at the places specified Securities Exchange Act Release Nos. 35678 (May inspection and copying at the principal in Item IV below. The self-regulatory 4, 1995), 60 FR 24945 (File No. SR–PHLX–95–20) office of OCC. All submissions should organization has prepared summaries, (notice of proposed rule change to list and trade refer to the file number SR–OCC–95–05 set forth in sections (A), (B), and (C) options on the Italian lira) and 35677 (May 4, 1995), 60 FR 24941 (File No. SR–PHLX–95–21) (notice of and should be submitted by August 4, proposed rule change to list and trade options on 1995. 15 17 CFR 200.30–3(a)(12) (1994). the Spanish peseta). 1 15 U.S.C. 78s(b)(1) (1988). 4 15 U.S.C. 78q–1 (1988). Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Notices 36321 For the Commission by the Division of [Release No. 35±26327] any point in time, the outstanding Market Regulation, pursuant to delegated amount of borrowings and/or proceeds authority.5 Filings Under the Public Utility Holding of commercial paper sales used for such Margaret H. McFarland, Company Act of 1935, as Amended purpose, the proceeds of sales of Deputy Secretary. (``Act'') additional common stock used to make [FR Doc. 95–17265 Filed 7–13–95; 8:45 am] July 7, 1995. such investments, and the aggregate BILLING CODE 8010±01±M Notice is hereby given that the principal amount of the securities of following filing(s) has/have been made such entities in respect of which Southern has issued any guaranty may with the Commission pursuant to not, in the aggregate, exceed $500 [File No. 1±13452] provisions of the Act and rules million. promulgated thereunder. All interested Issuer Delisting; Notice of Application Southern now seeks approval to issue persons are referred to the application(s) and sell short-term and term loan notes to Withdraw From Listing and and/or declaration(s) for complete Registration; (Paxson to lenders and/or commercial paper to statements of the proposed dealers from time to time prior to April Communications Corporation, Class A transaction(s) summarized below. The Common Stock, $.01 Par Value) 1, 2000, in an aggregate principal application(s) and/or declaration(s) and amount at any time outstanding not to July 10, 1995. any amendments thereto is/are available exceed $1 billion; and to use the net for public inspection through the Paxson Communications Corporation proceeds thereof to make investments in Commission’s Office of Public subsidiaries (to the extent authorized in (‘‘Company’’) has filed an application Reference. with the Securities and Exchange separate filings) and in EWGs and Interested persons wishing to FUCOs; provided that, at any time, the Commission (‘‘Commission’’), pursuant comment or request a hearing on the to Section 12(d) of the Securities net proceeds of such borrowings and/or application(s) and/or declaration(s) commercial paper sales used to make Exchange Act of 1934 (‘‘Act’’) and Rule should submit their views in writing by 12d2–2(d) promulgated thereunder, to investments in EWGs and FUCOs, plus July 31, 1995, to the Secretary, the amount of such investments using withdraw the above specified security Securities and Exchange Commission, (‘‘Security’’) from listing and the proceeds of additional common Washington, DC 20549, and serve a stock sales and the principal amount of registration on the Boston Stock copy on the relevant applicant(s) and/or Exchange, Inc. (‘‘BSE’’). outstanding securities of such entities declarant(s) at the address(es) specified that are guaranteed by Southern (as The reasons alleged in the application below. Proof of service (by affidavit or, authorized in separate proceedings) for withdrawing the Security from in case of an attorney at law, by shall not, in the aggregate, exceed the listing and registration include the certificate) should be filed with the greater of (i) $1.072 billion, and (ii) the following: request. Any request for hearing shall difference, at any point in time, between According to the Company, it is identify specifically the issues of fact or 50% of Southern’s ‘‘consolidated voluntarily delisting the Security from law that are disputed. A person who so retained earnings’’ and Southern’s the BSE. The reason for delisting is that requests will be notified of any hearing, ‘‘aggregate investment,’’ each as the Security will begin trading on the if ordered, and will receive a copy of determined in accordance with rule American Stock Exchange, Inc. on July any notice or order issued in the matter. 53(a). At March 31, 1995, 50% of 10, 1995, at the beginning of trading, After said date, the application(s) and/ Southern’s consolidated retained and maintenance of listings on both or declaration(s), as filed or as amended, earnings was about $1.572 billion and exchanges will be both too costly and may be granted and/or permitted to Southern had invested, directly or too burdensome for the Company. become effective. indirectly, an aggregate of $500.1 Any interested person may, on or The Southern Company (70–8309) million in EWGs and FUCOs. before July 28, 1995, submit by letter to Southern also proposes that term loan the Secretary of the Securities and The Southern Company (‘‘Southern’’), notes issued to lenders may have Exchange Commission, 450 Fifth Street, 64 Perimeter Center East, Atlanta, maturities of up to seven years. NW., Washington, DC 20549, facts Georgia 30346, a registered holding Southern has not proposed any other bearing upon whether the application company, has filed a post-effective changes or modifications to the terms of has been made in accordance with the amendment to its application- borrowings or commercial paper sales. declaration under sections 6(a), 6(b), 7, rules of the BSE and what terms, if any, The Southern Company (70–8277) should be imposed by the Commission 32 and 33 of the Act and rule 53 for the protection of investors. The thereunder. The Southern Company (‘‘Southern’’), Commission, based on the information By order dated March 15, 1994(HCAR 64 Perimeter Center East, Atlanta, submitted to it, will issue an order No. 26004), Southern was authorized to Georgia 30346, a registered holding granting the application after the date issue and sell from time to time prior to company, has filed a post-effective mentioned above, unless the April 1, 1996, short-term and term loan amendment to its application- Commission determines to order a notes to lenders and/or commercial declaration under sections 6(a), 7, 12(b), hearing on the matter. paper to dealers in an aggregate 32 and 33 of the Act and rules 45 and principal amount at any time 53 thereunder. For the Commission, by the Division of outstanding of $500 million. Southern By order dated January 25, 1994 Market Regulation, pursuant to delegated was also authorized to use the proceeds (HCAR No. 25980) (‘‘Order’’), the authority. of such borrowings or commercial paper Commission authorized Southern, Jonathan G. Katz, sales to make investments in among other things, to issue and sell in Secretary. subsidiaries, to the extent authorized to one or more transactions from time to [FR Doc. 95–17263 Filed 7–13–95; 8:45 am] do so in separate filings, and in time through December 31, 1996, up to BILLING CODE 8010±01±M subsidiaries that are exempt wholesale ten million shares of its authorized generators (‘‘EWGs’’) and foreign utility shares of common stock, $5 par value, 5 17CFR 200.30–3(a)(12) (1994). companies (‘‘FUCOs’’); provided that, at as such number of shares may be 36322 Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Notices adjusted for any subsequent share split of (i) $1.072 billion, and (ii) the acquisition, ownership, construction (‘‘Common Stock’’). Since issuance of difference, at any point in time, between and operation of FUCOs; the Order, Southern effected an 50% of Southern’s ‘‘consolidated (ii) Allow AYP Capital to engage in authorized 2-for-1 stock split. As retained earnings,’’ and its ‘‘aggregate activities related to the development, adjusted for the share split, 9.4 million investment,’’ each as determined in acquisition, ownership, construction shares of the additional Common Stock accordance with Rule 53(a). At March and operation of qualifying cogeneration remain unsold. 31, 1995, 50% of Southern’s facilities and SPPs; The Order further authorized consolidated retained earnings was (iii) Allow APS and AYP Capital to Southern to guarantee, from time to time about $1.572 billion and Southern had acquire the securities of companies through December 31, 1996, the invested, directly or indirectly, an (‘‘Project NEWCOs’’) that own FUCOs securities of any associate exempt aggregate of $500.1 million in EWGs and and EWGs; wholesale generators (‘‘EWGs’’) or FUCOs. (iv) Allow AYP Capital or one or more foreign utility companies (‘‘FUCOs’’) in Southern also proposes to use the net special purpose subsidiaries (‘‘EMS an aggregate principal amount at any proceeds of the additional Common NEWCOs’’) to provide energy time outstanding not to exceed $500 Stock, together with other available management services and demand side million, provided that any guarantees funds, to make additional investments management services to nonassociates outstanding on that date would in other subsidiary companies, to the and to associate companies; terminate or expire in accordance with extent authorized in separate (v) Allow AYP Capital or one or more their terms. In addition, the net proceedings. special purpose subsidiaries (‘‘Factor proceeds of sales of the additional NEWCOs’’) to factor the accounts Allegheny Power System, Inc., et al. Common Stock used to make receivable of associate and nonassociate (70–8411) investments in any EWGs or FUCOs and utility companies and similar the aggregate principal amount of the Allegheny Power System, Inc. companies or effect securitizations of securities of such entities in respect of (‘‘APS’’), 12 East 49th Street, New York, accounts receivable of such companies; which Southern has issued any New York 10017, a registered holding (vi) Allow AYP Capital to enter into guarantee would not, in the aggregate, company, and AYP Capital, Inc. (‘‘AYP one or more investment limited exceed $500 million. Capital’’), 12 East 49th Street, New partnership agreements; 1 Southern now proposes to issue and York, New York 10017, a nonutility (vii) Allow AYP Capital or one or sell in one or more transactions from subsidiary company of APS, have filed more special purpose subsidiaries time to time through December 31, a post-effective amendment to their (‘‘Broker NEWCOs’’) to engage in 1999, up to 25 million additional shares application-declaration under sections brokering of energy-related commodities of its Common Stock, inclusive of the 6(a), 7, 9(a), 10, 12(b), 13(b), 32 and 33 and financial instruments to remaining 9.4 million shares that of the Act and Rules 45, 50, 53, 87, 90 nonassociates and to associate Southern is authorized to issue and sell and 91 thereunder. companies; under the Order. Some or all of the By order dated July 14, 1994 (HCAR (viii) Allow AYP Capital or one or Common Stock may be issued and sold No. 26085), APS was authorized to more Brokering NEWCOs to engage in through a primary shelf registration organize and finance AYP Capital to power brokering, power marketing and program in accordance with rule 415 invest in (i) companies engaged in new related activities; under the Securities Act of 1933, as technologies related to the core utility (ix) Allow AYP Capital or one or more amended, or otherwise to, or through, business of APS and (ii) companies for special purpose subsidiaries (‘‘Real one or more underwriters of dealers for the acquisition and ownership of Estate NEWCOs’’) to engage in activities resale in one or more public offerings, exempt wholesale generators (‘‘EWGs’’). relative to the real estate portfolio of or to investors directly or through By order dated February 3, 1995 APS and its associate companies; (x) Allow AYP Capital or one or more agents. (HCAR No. 26229), AYP was authorized In addition, Southern proposes to to engage in the development, special purpose subsidiaries increase its authority to guarantee, from acquisition, construction, ownership (‘‘Technology NEWCOs’’) to engage in time to time through December 31, and operation of EWGs and in the marketing, sale and installation of power quality devices to customers of 1999, the securities of one or more development activities with respect to: associate and nonassociate utility EWGs or FUCOs from $500 million up (i) Qualifying cogeneration facilities and to an aggregate principal amount at any companies; small power production facilities (xi) Allow AYP Capital or one or more time outstanding not to exceed $1.2 (‘‘SPPs’’); (ii) nonqualifying special purpose subsidiaries billion; provided that the sum of (1) the cogeneration facilities, nonqualifying (‘‘Telecommunications NEWCOs’’) to principal amount of securities of EWGs SPPs and independent power provide telecommunications services to and FUCOs in respect of which production facilities (‘‘IPPs’’) located nonassociates and to associate guarantees are at any time outstanding, within the service territories of APS companies; (2) the net proceeds from sale of the 25 public utility subsidiary companies; (iii) (xii) Allow AYP Capital or one or million shares of Common Stock EWGs; (iv) companies involved in new more special purpose subsidiaries invested directly or indirectly by technologies related to the core business Southern in EWGs and FUCOs, as of APS; and (v) foreign utility 1 The investment objective of any partnership will herein proposed, (3) the net proceeds of companies (‘‘FUCOs’’). AYP Capital was be to invest principally in securities of businesses additional shares of Common Stock also authorized to consult for engaged in activities in those product and market invested directly or indirectly in EWGs nonaffiliate companies. APS was areas that AYP has determined meet its business objectives in the area of new and emerging energy and FUCOs, as authorized in File No. authorized to increase its investment in technologies related to APS’ core business. One 70–8435, and (4) the proceeds of short- AYP Capital from $500,000 to $3 such partnership may be with Advent International term and term loan borrowings and/or million. Corporation (‘‘Advent’’). The post-effective commercial paper sales by Southern at The post-effective amendment seeks amendment states that ‘‘(b)ecause of the need for quick response in the area of venture capital, AYP any time invested in EWGs and FUCOs, Commission authorization to: ** * does not intend to seek prior Commission as authorized in File No. 70–8309, shall (i) Allow AYP Capital to engage in approval before investing in a company identified not, in the aggregate, exceed the greater activities related to the development, by Advent.’’ Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Notices 36323 (‘‘Environmental NEWCOs’’) to provide NEWCOs also would obtain loans from AYP Capital anticipates that NEWCOs environmental services to banks that might be guaranteed by APS might not have paid employees, in nonassociates; or AYP Capital. Loans from third parties which case personnel employed by (xiii) Allow AYP Capital or one or would be subject to the $100 million Allegheny Power Service Corporation more special purpose subsidiaries investment authority. Loans to NEWCOs (‘‘APSC’’), a wholly owned subsidiary of (‘‘Laboratory NEWCOs’’) to sell would be subject to the parameters APS, would provide a wide range of chemical laboratory services to applicable to loans to AYP Capital services to such NEWCOs pursuant to a nonassociates and to associate except that guarantees of loans also service agreement. Under these service companies; and might be made by AYP Capital. agreements, NEWCOs would reimburse (xiv) Allow APS to increase its APS and AYP Capital, through APSC for the cost of services provided. investment in AYP Capital or for AYP December 31, 1999, would guarantee or The Southern Company, et al. (70–8435) Capital to incur debt that might be act as surety on bonds, indebtedness guaranteed by APS, in each case to and performance and other obligations The Southern Company (‘‘Southern’’), enable AYP Capital to engage in these issued or undertaken by AYP Capital or 64 Perimeter Center East, Atlanta, activities and to enable AYP Capital to NEWCOs. Such guarantees, Georgia 30346, a registered holding organize Project NEWCOs, EMS indemnifications and sureties will be company, Atlanta, Georgia, and its NEWCOs, Factor NEWCOs, Brokering subject to the $100 million investment subsidiaries, Alabama Power Company, NEWCOs, Real Estate NEWCOs, authority. 600 North 18th Street, Birmingham, Alabama 35291, Georgia Power Technology NEWCOs, APS and AYP Capital also seek Company, 333 Piedmont Avenue, NE., Telecommunications NEWCOs, Commission authorization for Project Atlanta, Georgia 30308, Gulf Power Environmental NEWCOs and Laboratory NEWCOs to issue equity and debt Company, 500 Bayfront Parkway, NEWCOs and to make investments in all securities through December 31, 1999 to such NEWCOs to enable them to engage Pensacola, Florida 32501, Mississippi third parties, with no recourse to AYP in such activities; to allow Project Power Company, 2992 West Beach, Capital, to finance EWGs and FUCOs NEWCOs to finance their activities Gulfport, Mississippi 39501, Savannah (‘‘Exempt Subsidiaries’’). Such through securities issued to third Electric and Power Company, 600 Bay nonrecourse debt securities would not parties; and to allow APS and AYP Street East, Savannah, Georgia 31401, exceed $200 million. Equity securities Capital to issue guarantees for AYP Southern Company Services, Inc., 64 could include shares of capital stock, Capital and NEWCOs. Perimeter Center East, Atlanta, Georgia APS proposes to invest in AYP partnership interests or trust certificates. 30346, Southern Electric International, Capital up to an aggregate of $100 Nonrecourse debt securities could Inc., 900 Ashwood Parkway, Suite 500, million through December 31, 1999 include secured and unsecured Atlanta, Georgia 30338, Southern through a combination of: (i) Purchases promissory notes, subordinated notes, Nuclear Operating Company, Inc., 40 of common stock, (ii) cash capital bonds or other evidences of Inverness Center Parkway, Birmingham, contributions and (iii) loans. In indebtedness. Securities could be Alabama 35204 and Southern Electric addition, AYP Capital proposes to denominated in either U.S. dollars or Generating Company, 600 North 18th obtain loans from banks or issue other foreign currencies. Street, Birmingham, Alabama 35291, a recourse obligations which could be Evidence of indebtedness would subsidiary of Alabama Power Company guaranteed by APS. Such borrowings by mature within thirty years and would and Georgia Power Company, have filed AYP Capital from third parties that are bear interest at a rate not to exceed: (i) with this Commission under sections guaranteed by APS would be subject to 6.5% over the yield to maturity on an 6(a), 7, 32 and 33 of the Public Utility the $100 million investment authority. actively traded, non-callable, U.S. Holding Company Act of 1935, as Loans from APS would mature by Treasury note with maturity equal to the amended (‘‘Act’’) and rules 53 and 54 December 31, 2004 and would bear a average life of such indebtedness thereunder a post-effective amendment fixed interest rate equal to a rate not (‘‘Applicable Treasury Rate’’), for fixed- to their application-declaration above the prime rate in effect on the rate indebtedness, and 6.5% over the previously filed under sections 6(a), 7, date of the loan at a bank designated by then applicable prime rate at a U.S. 9(a), 10, 32 and 33 and rules 53 and 54 APS. Notes issued to APS, at the option money center bank to be designated by thereunder. of APS, could be converted to capital APS (‘‘Applicable Prime Rate’’), for By order dated August 5, 1994 (HCAR contributions to AYP Capital. Loans floating-rate indebtedness, if such No. 26098) (‘‘1994 Order’’), Southern from third parties would mature by indebtedness is U.S. dollar was authorized to issue and sell in one December 31, 2004 and would bear a denominated; and (ii) at a fixed or or more transactions from time-to-time fixed interest rate not above 3% over the floating rate which, when adjusted for through December 31, 1997, an prime rate at a U.S. money center bank inflation, would be equivalent to a rate aggregate of 37 million shares of its to be designated by APS. Notes sold to on a U.S. dollar denominated borrowing authorized shares of common stock, $5 such parties could be guaranteed by of identical average life that does not par value, as such number of shares may APS. exceed 10% over the Applicable be adjusted for any subsequent share AYP Capital, through December 31, Treasury Rate or Applicable Prime Rate, split, pursuant to its Dividend 1999, would organize and invest in if such indebtedness is denominated in Reinvestment and Stock Purchase Plan, NEWCOs through (i) purchases of non-U.S. currency. The Southern Company Employee capital stock or, in the case of Project The issuance of nonrecourse debt Savings Plan, and the Employee Stock NEWCOs, partnership interests or trust securities by Project NEWCOs could Ownership Plan of the Southern certificates, (ii) capital contributions, include security interests in their assets. Company System (‘‘Plans’’). At May 31, and (iii) loans and conversion of such Such security interests could take the 1995, there were 25,026,688 shares of loans to capital contributions. APS and form of a pledge of the shares or other the additional common stock remaining AYP Capital propose that amounts equity securities of an Exempt unsold under the Plans. Under the 1994 permitted to be invested by APS and Subsidiary that it owns or a collateral Order, Southern was authorized: (1) to AYP Capital shall be permitted to be assignment of its rights under and use the proceeds from the sale of the reinvested by AYP Capital in NEWCOs. interests in other property. additional common stock, together with 36324 Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Notices other available funds, to make activities and other non-regulated and The acquisition will be accomplished investments in subsidiaries, to the nonutility businesses without the need through an exchange (‘‘Exchange’’) of extent authorized in separate for prior regulatory approvals, to each outstanding share of SIGECO proceedings; and (2) to use up to $500 increase financial flexibility, to enhance common stock for one share of million of the proceeds of the additional managerial accountability for separate SIGCORP common stock. As a result of common stock to make investments in business activities, and to protect the Exchange, each share of SIGECO one or more ‘‘exempt wholesale SIGECO and its ratepayers from the common stock will be exchanged generators’’ (‘‘EWG’’) and ‘‘foreign risks and costs of nonutility projects. automatically with one share of utility companies’’ (‘‘FUCO’’), as those SIGCORP was incorporated under SIGCORP. After the Exchange, SIGECO terms are defined in sections 32 and 33 Indiana law to carry out the will continue to conduct its utility of the act, respectively. restructuring and presently does not business as a wholly owned subsidiary Southern is now seeking approval to conduct any business or own any utility of SIGCORP. Following the Exchange, use the proceeds of the additional assets. SIGECO is a gas and electric SIGECO will transfer its common stock common stock to make investments, public-utility company engaged in the holdings in its four nonutility directly or indirectly, in the securities of generation, transmission, distribution subsidiaries to SIGCORP. one or more EWGs or FUCOs, provided and sale of electric energy and the SIGCORP states that there will be no that the net proceeds from sales of purchase of natural gas and its exchange of, or any changes to, common stock used to make such transportation, distribution and sale in a SIGECO’s outstanding preferred stock investments, when added to such service area which covers ten counties and debt securities. investments using other authorized in southwestern Indiana.2 In addition to SIGCORP states that following the sources of funds, will not, in the Community 3 and Lincoln,4 SIGECO Exchange, it will be a public-utility aggregate, exceed the greater of: (1) also owns 1.5% of the outstanding holding company entitled to an $1.072 billion; and (2) the difference, at capital stock of Ohio Valley Electric exemption under section 3(a)(1) of the any point in time, between 50% of Corporation (‘‘OVEC’’).5 SIGECO Act from all the provisions of the Act Southern’s ‘‘consolidated retained engages in certain nonutility businesses except for section 9(a)(2) because it and earnings’’ and Southern’s ‘‘aggregate through four wholly owned each of its public utility subsidiaries investment,’’ each as determined under subsidiaries, each of which is an from which it derives a material part of 6 rule 53(a). At March 31, 1995, 50% of Indiana corporation. its income will be predominately Southern’s ‘‘consolidated retained intrastate in character and will carry on 2 earnings’’ was about $1.572 billion and SIGECO provides electricity to approximately their business substantially in Indiana. its ‘‘aggregate investment’’ in EWGs and 118,992 residential, commercial, industrial, public street and highway lighting and municipal For the Commission, by the Division of FUCOs was about $500.1 million. No customers, and supplies natural gas service to other changes to the terms of the 1994 Investment Management, pursuant to approximately 102,929 residential, commercial, delegated authority. Order have been requested by the industrial and public authority customers through Applicants. 2,644 miles of gas transmission and distribution Margaret H. McFarland, lines. The only property SIGECO owns outside of Deputy Secretary. SIGCORP, Inc., et al. (70–8635) Indiana is approximately eight miles of electric transmission line, located in Kentucky and [FR Doc. 95–17266 Filed 7–13–95; 8:45 am] SIGCORP, Inc., 20 N.W. Fourth Street, interconnected with Louisville Gas and Electric BILLING CODE 8010±01±M Evansville, Indiana 47741–0001, a Company’s transmission system at Cloverport, wholly owned subsidiary of Southern Kentucky. SIGECO does not distribute any electric Indiana Gas and Electric Company energy in Kentucky. 3 Community is an Indiana corporation that owns SMALL BUSINESS ADMINISTRATION (‘‘SIGECO’’), an Indiana public-utility and operates a small gas distribution system in holding company exempt from southwestern Indiana. [Declaration of Disaster Loan Area #2792] registration under section 3(a)(1) of the 4 Lincoln is an Indiana corporation that owns and Act by order and pursuant to rule 2, has operates a distribution system in the City of Florida; Declaration of Disaster Loan Rockport, Spencer County, Indiana and Area filed an application under sections surrounding territory. Lincoln serves approximately 3(a)(1), 9(a)(2) and 10 of the Act to 1,300 customers in Spencer County in southwestern Charlotte and DeSoto Counties and acquire all of the outstanding common Indiana contiguous to the eastern boundary of the contiguous Counties of Glades, stock of SIGECO and, indirectly, SIGECO’s gas territory and within SIGECO’s electric service area, and owns, operates, maintains and Hardy, Hendry, Highlands, Lee, SIGECO’s 33% interest in Community manages plant, property, equipment and facilities Manatee and Sarasota in the State of Natural Gas Company, Inc. used and useful for the transmission, Florida constitute a disaster area as a (‘‘Community’’) and SIGECO’s 100% transportation, distribution and sale of natural gas result of damages caused by flooding interest in Lincoln Natural Gas to the public. As of December 31, 1994, Lincoln represented approximately 0.29% of SIGECO’s which occurred on June 23 through 25, Company (‘‘Lincoln’’), both gas utility consolidated operating revenues, 0% of 1995. Applications for loans for subsidiary companies of SIGECO. consolidated net income, 0.06% of consolidated net physical damage may be filed until the SIGCORP requests an order approving utility plant, and 0.08% of consolidated total assets. close of business on September 5, 1995, the proposed acquisition of SIGECO, 5 OVEC is an Ohio corporation formed in the Community and Lincoln under sections early 1950’s to supply electric power and energy to and for economic injury until the close the federal government’s gaseous diffusion plant of business on April 8, 1996, at the 9(a) and 10, and granting an exemption near Portsmouth, Ohio; OVEC owns all the capital under section 3(a)(1) from all provisions address listed below: U.S. Small stock of Indiana-Kentucky Electric Corporation, an Business Administration, Disaster Area of the Act except 9(a)(2) following the Indiana corporation formed for the same purpose. acquisition. SIGCORP’s proposed 6 Southern Indiana Properties, Inc., formed to 2 Office, One Baltimore Place, Suite make nonutility investments in such activities as 300, Atlanta, GA 30308, or other locally acquisition is part of a corporate real estate partnerships, leveraged leases, and restructuring in which SIGCORP will announced locations. marketable securities; Energy Systems Group, Inc., The interest rates are: become a holding company over formed to install energy efficient controls and SIGECO. SIGCORP states that the equipment for industrial, commercial and governmental customers; Southern Indiana ash; and Southern Indiana Network proposed restructuring is intended to Minerals, Inc;, formed to process and market coal Communications, Inc., formed, but currently permit it to participate in independent combustion by-products at SIGECO’s power plants, inactive, to serve as a vehicle for additional power projects, energy marketing including flue gas desulfurization sludge and coal nonutility activities. Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Notices 36325 Percent Johnson, Miami, and Wyandotte The number assigned to this disaster Counties in Kansas; Nemaha, Otoe, and for physical damage is 279706 and for For physical damage: Richardson Counties in Nebraska; economic injury the number is 856900. Homeowners with credit avail- Fremont and Page Counties in Iowa, and (Catalog of Federal Domestic Assistance able elsewhere ...... 8.000 Dyer and Lake Counties in Tennessee. Homeowners without credit Program Nos. 59002 and 59008) available elsewhere ...... 4.000 Any counties contiguous to the above- Dated: July 7, 1995. Businesses with credit available named primary counties and not listed John T. Spotila, elsewhere ...... 8.000 herein have been previously declared. Acting Administrator. Businesses and non-profit orga- All other information remains the [FR Doc. 95–17367 Filed 7–13–95; 8:45 am] nizations without credit avail- same, i.e., the termination date for filing able elsewhere ...... 4.000 BILLING CODE 8025±01±M Others (including non-profit or- applications for physical damage is ganizations) with credit avail- August 11, 1995, and for loans for economic injury the deadline is March able elsewhere ...... 7.125 [Application No. 99000171] For economic injury: 12, 1996. Businesses and small agricul- The economic injury numbers are Creditanstalt Small Business tural cooperatives without 853400 for Missouri, 853300 for Illinois, credit available elsewhere ..... 4.000 Investment Corporation; Notice of 853900 for Iowa, 854000 for Kentucky, Filing of Application for a License to 854500 for Kansas, 855400 for Arkansas, The number assigned to this disaster Operate as a Small Business 855500 for Oklahoma, 855600 for for physical damage is 279206 and for Investment Company Nebraska, and 855700 for Tennessee. economic injury the number is 855300. (Catalog of Federal Domestic Assistance Notice is hereby given of the filing of (Catalog of Federal Domestic Assistance Program Nos. 59002 and 59008.) an application with the Small Business Program Nos. 59002 and 59008) Dated June 30, 1995. Administration (SBA) pursuant to Dated: July 26, 1995. Bernard Kulik, Section 107.102 of the Regulations John T. Spotila, governing small business investment Acting Administrator. Associate Administrator for Disaster Assistance. companies (13 CFR 107.102 (1995)) by [FR Doc. 95–17365 Filed 7–13–95; 8:45 am] [FR Doc. 95–17366 Filed 7–13–95; 8:45 am] Creditanstalt Small Business Investment BILLING CODE 8025±01±M Corporation, 245 Park Avenue, 27th BILLING CODE 8025±01±M Floor, New York, NY 10167, for a [Declaration of Disaster Loan Area #2783] license to operate as a small business investment corporation (SBIC) under the # Missouri; Declaration of Disaster Loan [Declaration of Disaster Loan Area 2797] Small Business Investment Act of 1958, # as amended, (15 U.S.C. 661 et seq.), and Area (Amendment 1) Ohio; Declaration of Disaster Loan the Rules and Regulations promulgated Area The above-numbered Declaration is thereunder. hereby amended, in accordance with notices from the Federal Emergency Franklin County and the contiguous The applicant is a wholly owned Management Agency dated June 20, 22, counties of Delaware, Fairfield, Licking, second tier subsidiary of Creditanstalt- and 23, 1995, to include the following Madison, Pickaway, and Union in the Bankverein formed under Delaware law. counties in the State of Missouri as a State of Ohio constitute a disaster area Its areas of operation are intended to be disaster area due to damages caused by as a result of damages caused by severe diversified among numerous regions severe storms, hail, tornadoes, and storms and flooding which occurred on and industries throughout the United flooding: Adair, Andrew, Atchison, June 26, 1995. Applications for loans for States, with particular emphasis in the Barry, Bates, Camden, Chariton, Cooper, physical damage may be filed until the southeast, northeast, and west coast. Daviess, DeKalb, Gentry, Henry, close of business on September 7, 1995, The applicant’s officers will be Dennis Howard, Jackson, Jasper, Lafayette, and for economic injury until the close C. O’Dowd (President), Kathy L. Herbert Lewis, Linn, Macon, Maries, McDonald, of business on April 8, 1996, at the (Secretary), and Peter A. Poelzlbauer Moniteau, Morgan, New Madrid, address listed below: U.S. Small (Treasurer). All three are officers of Newton, Perry, Pemiscot, and Warren. Business Administration, Disaster Area Creditanstalt American Corporation This Declaration is further amended, 2 Office, One Baltimore Place, Suite (CAC) and/or Creditanstalt-Bankverein, effective June 23, 1995, to establish the 300, Atlanta, GA 30308, or other locally and each has extensive experience in incident period for this disaster as announced locations. banking, finance, and investment beginning on May 13, 1995 and The interest rates are: analysis. continuing through June 23, 1995. Creditanstalt Small Business In addition, applications for economic Percent Investment Corporation will begin injury loans from small businesses operations with committed capital of located in the following contiguous For physical damage: $2.5 million from CAC with additional Homeowners with credit avail- counties may be filed until the specified able elsewhere ...... 8.000 capital contributed over time, as date at the previously designated Homeowners without credit necessary, to fund investment location: Buchanan, Dade, Dallas, available elsewhere ...... 4.000 opportunities when they arise once Dunklin, Grundy, Harrison, Holt, Businesses with credit available applicant is granted a license to operate Laclede, Lawrence, Marion, Nodaway, elsewhere ...... 8.000 as a small business investment Putnam, Shelby, Stoddard, Stone, Businesses and non-profit orga- company. Creditanstalt SBIC’s entire Sullivan, and Worth Counties in nizations without credit avail- $2.5 million of initial private capital is Missouri; Benton, Carroll, and able elsewhere ...... 4.000 being contributed by CAC, its sole Mississippi Counties in Arkansas; Others (including non-profit ag- shareholder. Accordingly, the following ricultural cooperatives without Delaware and Ottawa Counties in credit available elsewhere ..... 4.000 shareholder will own 10 percent or Oklahoma; Cherokee, Doniphan, more of the proposed SBIC: 36326 Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Notices Percentage 1. Certificate of Coverage Request— 5. Request for Social Security Name of owner- 0960–NEW. The information is used by Earnings Information—0960–0525. The ship the Social Security Administration to information on form SSA–7050 is used provide a certificate of coverage from by the Social Security Administration Creditanstalt American Cor- poration, 245 Park Avenue, the United States social security system (SSA) to identify the request, define the 27th Floor, New York, New to an individual working in a foreign earnings information being requested, York 10167 ...... 100 country. This certificate exempts the and inform the requestor of the fee for individual from paying taxes into a such information. The above data is The applicant intends to focus on foreign social security system. The then used by SSA to produce the subordinated debt and equity respondents are workers and employers requested statement. The respondents investments in small to medium size whose work is performed in a foreign are individuals and organizations which companies across a variety of industries. country. use this form to request statements of The applicant anticipates having a Number of Respondents: 24,000 earnings from SSA. particular emphasis in the Frequency of Response: 1 Number of Respondents: 40,000 telecommunications, information Average Burden Per Response: 30 Frequency of Response: 1 services and healthcare industries. The minutes Average Burden Per Response: 11 applicant does not plan to seek Estimated Annual Burden: 12,000 hours minutes financing from the SBA. 2. Disability Report, Vocational Estimated Annual Burden: 7,333 hours Matters involved in SBA’s Report—0960–0141. The information on 6. Employee Identification consideration of the application include forms SSA–3368 and SSA–3369 is used Statement—0960–0473. The information the general business reputation and by the Social Security Administration to on form SSA–4156 is used by the Social character of the proposed owners and help make a disability determination. Security Administration to resolve management, and the probability of The forms are essential to case situations in which two or more successful operations of the new development and adjudication. The individuals have used the same social company under their management, respondents are individuals who file for security number (SSN) and an employer including profitability and financial disability benefits. has erroneously reported earnings under soundness in accordance with the Act an SSN. The affected public is and Regulations. SSA±3368 SSA±3369 comprised of employers involved in Notice is hereby given that any person erroneous wage reporting. may, not later than 15 days from the Number of Re- 2,264,000 ... 1,000,000 Number of Respondents: 4,750 date of publication of this Notice, spondents. Frequency of Response: 1 submit written comments on the Frequency of 1 ...... 1 Response. Average Burden Per Response: 10 proposed SBIC to the Associate Average Burden 45 minutes . 30 minutes minutes Administrator for Investment, Small Per Re- Estimated Annual Burden: 792 hours Business Administration, 409 Third sponse. 7. Report of Work Activity— Street, SW., Washington, DC 20416. Estimated An- 1,698,000 500,000 hrs. A copy of this Notice will be nual Burden. hrs. Continuing Disability—0960–0108. The published in a newspaper of general information on form SSA–3945 is used circulation in New York, New York. 3. SSA Automated SML by the Social Security Administration to determine whether work performed by (Catalog of Federal Domestic Assistance Application—0960–0475. The information on form SSA–4123 is used an individual, after his or her Programs No. 59.011, Small Business entitlement to disability benefits, is Investment Companies) to maintain an automated solicitation cause for that entitlement to end. The Dated: July 6, 1995. mailing list of qualified vendors wanting to do business with the Social affected public consists of disability Robert D. Stillman, beneficiaries who work after their Associate Administrator for Investment. Security Administration (SSA). The respondents are vendors who wish to be entitlement. [FR Doc. 95–17368 Filed 7–13–95; 8:45 am] listed on SSA’s automated solicitation Number of Respondents: 140,000 BILLING CODE 8025±01±M mailing list. Frequency of Response: 1 Number of Respondents: 4,000 Average Burden Per Response: 45 Frequency of Response: 1 minutes SOCIAL SECURITY ADMINISTRATION Average Burden Per Response: 5 Estimated Annual Burden: 105,000 hours Agency Forms Submitted to the Office minutes 8. Medical History and Disability of Management and Budget for Estimated Annual Burden: 333 hours Report—0960–0504. The information on Clearance 4. Social Security Medical Report (General)—0960–0052. The information form SSA–3820 is used by the Social Normally on Fridays, the Social on form SSA–3826 is used by the Social Security Administration to help make a Security Administration publishes a list Security Administration to determine determination in claims for disabled of information collection packages that the claimant’s physical status prior to children. The respondents are claimants have been submitted to the Office of making a disability determination. The for disability benefits. Management and Budget (OMB) for information is used to document Number of Respondents: 453,000 clearance in compliance with P.L. 96– disability claims folders with medical Frequency of Response: 1 511, The Paperwork Reduction Act. The evidence. Average Burden Per Response: 20 following clearance packages have been Number of Respondents: 750,000 minutes submitted to OMB since the last list was Frequency of Response: 1 Estimated Annual Burden: 151,000 published in the Federal Register on Average Burden Per Response: 30 hours June 16, 1995. minutes 9. Statement Regarding Student’s (Call Reports Clearance Officer on (410) Estimated Annual Burden: 375,000 Attendance—0960–0113. The 965–4142 for copies of package.) hours information on form SSA–2434 is used Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Notices 36327 by the Social Security Administration to travel more than 75 miles in order to Commissioner of Social Security gives determine student status of the children attend a medical examination or a notice of the rescission of Social of coal miners or their widows or disability hearing. Security Acquiescence Rulings 86-6(3), brothers of deceased coal miners eligible Number of Respondents: 50,000 86-7(5), 86-8(6), 86-9(9), 86-10(10), 86- for black lung benefits. Frequency of Response: 1 11(11) and 93-6(8). Number of Respondents: 4,340 Average Burden Per Response: 10 EFFECTIVE DATE: July 14, 1995. Frequency of Response: 1 minutes FOR FURTHER INFORMATION CONTACT: Estimated Annual Burden: 8,333 hours Average Burden Per Response: 10 Gary Sargent, Litigation Staff, Social minutes 14. Request for Reconsideration— Security Administration, 6401 Security Estimated Annual Burden: 723 hours Disability Cessation—0960–0504. The Boulevard, Baltimore, MD 21235, (410) 10. Summary of Evidence—0960– information on form SSA–789 is used 965-1695. by the Social Security Administration to 0430. The information on form SSA–887 SUPPLEMENTARY INFORMATION: A Social schedule hearings and to develop is used to provide a list of the medical/ Security Acquiescence Ruling explains additional evidence for individuals who vocational reports pertaining to the how we will apply a holding in a have received an initial or revised claimant’s disability. The list is used in decision of a United States Court of determination that their disability and critical to the hearings process. The Appeals that we determine conflicts ceased, did not exist, or is no longer respondents are State and Disability with our interpretation of a provision of disabling. The respondents are Determination staff. the Social Security Act or regulations disability beneficiaries who file a claim Number of Respondents: 22,024 when the Government has decided not for reconsideration. Frequency of Response: 1 to seek further review of the case or is Average Burden Per Response: 15 Number of Respondents: 15,015 unsuccessful on further review. Frequency of Response: 1 minutes As provided by 20 CFR 404.985(e)(4), Estimated Annual Burden: 5,506 hours Average Burden Per Response: 12 Estimated Annual Burden: 3,003 a Social Security Acquiescence Ruling may be rescinded as obsolete if we 11. Request For Change In Time/Place OMB Desk Officer: Laura Oliven. subsequently clarify, modify or revoke of Disability Hearing— 0960–0348. The Written comments and the regulation or ruling that was the information on form SSA–769 is used to recommendations regarding these subject of the circuit court holding for provide claimants a structured format information collections should be sent which the Acquiescence Ruling was for exercising their right to request a directly to the appropriate OMB Desk issued. change in the time or place of a Officer designated above at the scheduled disability hearing. The following address: Office of On April 2, 1986, we issued information will be used as a basis for Management and Budget, OIRA, New Acquiescence Rulings 86-6(3), 86-7(5), granting or denying requests for changes Executive Office Building, Room 10230, 86-8(6), 86-9(9), 86-10(10) and 86-11(11) and for rescheduling hearings. The Washington, D.C. 20503. to reflect the respective holdings in affected public is comprised of Aubrey v. Richardson, 462 F.2d 782 (3d claimants who wish to request a change Dated: July 7, 1995. Cir. 1972), Shelnutt v. Heckler, 723 F.2d in the time or place. Charlotte Whitenight, 1131 (3d Cir. 1983); Autrey v. Harris, Number of Respondents: 7,483 Reports Clearance Officer, Social Security 639 F.2d 1233 (5th Cir. 1981), Wages v. Frequency of Response: 1 Administration. Schweiker, 659 F.2d 59 (5th Cir. 1981); Average Burden Per Response: 8 [FR Doc. 95–17305 Filed 7–13–95; 8:45 am] Johnson v. Califano, 607 F.2d 1178 (6th minutes BILLING CODE 4190±29±P Cir. 1979); Secretary of Health, Estimated Annual Burden: 998 hours Education and Welfare v. Meza, 368 12. Time Report of Personnel Services F.2d 389 (9th Cir. 1966), Gardner v. Rescission of Social Security for Disability Determination Services— Wilcox, 370 F.2d 492 (9th Cir. 1966); Acquiescence Rulings 86-6(3), 86-7(5), 0960–0408. The information on form Edwards v. Califano, 619 F.2d 865 (10th 86-8(6), 86-9(9), 86-10(10), 86-11(11) SSA–4514 is used by the Social Security Cir. 1980); Autrey v. Harris, 639 F.2d and 93-6(8) Administration (SSA) for budgeting and 1233 (5th Cir. 1981). On August 16, accounting for the funds used by State AGENCY: Social Security Administration. 1993, we issued AR 93-6(8) to reflect the Agencies for personnel involved in ACTION: Notice of rescission of Social holding in Brewster on Behalf of Keller making disability determinations for Security Acquiescence Rulings 86- v. Sullivan, 972 F.2d 898 (8th Cir. 1992). SSA. The affected public consists of 6(3)—Aubrey v. Richardson, 462 F.2d These circuit court holdings provided State Agencies which make those 782 (3d Cir. 1972); Shelnutt v. Heckler, that, under regulation 20 CFR determinations. 723 F.2d 1131 (3d Cir. 1983); 86-7(5)— 404.721(b), the presumption of death Number of Respondents: 54 Autrey v. Harris, 639 F.2d 1233 (5th Cir. arises when a claimant shows that an Frequency of Response: Quarterly 1981); Wages v. Schweiker, 659 F.2d 59 individual has been absent from his or Average Burden Per Response: 30 (5th Cir. 1981); 86-8(6)—Johnson v. her residence and not heard from for minutes Califano, 607 F.2d 1178 (6th Cir. 1979); seven years. Furthermore, the holdings Estimated Annual Burden: 108 hours 86-9(9)—Secretary of Health, Education provided that, once the claimant has made a showing establishing the 13. Payment of Certain Travel and Welfare v. Meza, 368 F.2d 389 (9th presumption, the Social Security Expenses—0960–0504. The information Cir. 1966); Gardner v. Wilcox, 370 F.2d Administration (SSA)1 has the burden of required by 20 CFR 404.999(d) and 20 492 (9th Cir. 1966); 86-10(10)—Edwards v. Califano, 619 F.2d 865 (10th Cir. CFR 416.1499 is used by the Social 1 Under the Social Security Independence and Security Administration to reimburse a 1980); 86-11(11)—Autrey v. Harris, 639 Program Improvements Act of 1994, Pub. L. No. claimant who has been required to F.2d 1233 (5th Cir. 1981); and 93-6(8)— 103-296, effective March 31, 1995, the Social travel over 75 miles to appear at a Brewster on Behalf of Keller v. Sullivan, Security Administration (SSA) became an 972 F.2d 898 (8th Cir. 1992). independent Agency in the Executive Branch of the medical examination or disability United States Government and was provided hearing. The affected public is SUMMARY: In accordance with 20 CFR ultimate responsibility for administering the Social comprised of claimants required to 404.985(e) and 422.406(b)(2), the Continued 36328 Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Notices rebutting the presumption of death Union Pacific Railroad (UP) reports through the use of a series of input screens that are part of a either by presenting evidence that the Docket Number LI–95–15 missing individual is still alive or by computerized tieup process called =TE. providing an explanation to account for The UP is seeking a waiver of The UP states that the computer based the individual’s absence in a manner compliance from certain sections of the reporting of the daily inspection would consistent with continued life rather Railroad Locomotive Safety Standards, have no adverse affect upon the safety than death. 49 CFR Part 229. The UP request is for of train operations. a temporary waiver of the reporting Interested parties are invited to On April 17, 1995, we published our requirements of § 229.21(a), Daily participate in these proceedings by final regulation (60 FR 19163), revising Inspection, which requires that each submitting written views, data, or section 404.721(b) of Social Security locomotive in use must be inspected at comments. FRA does not anticipate Regulations No. 4 (20 CFR 404.721(b)), least once during each calendar day. A scheduling a public hearing in to provide that the presumption of death written report of the inspection shall be connection with these proceedings since arises when a claimant establishes that made. The report shall contain the name the facts do not appear to warrant a an individual has been absent from his of the carrier, the initial and number of hearing. If any interested party desires or her residence and not heard from for the locomotive, the place, date and time an opportunity for oral comment, they seven years. Once the presumption of the inspection, a description of the should notify FRA, in writing, before arises, the burden then shifts to SSA to noncomplying condition disclosed by the end of the comment period and rebut the presumption either by the inspection, and the signature of the specify the basis for their request. presenting evidence that the missing employee making the inspection. Any All communications concerning these individual is still alive or by providing conditions that constitute proceedings should identify the an explanation to account for the noncompliance with any requirements appropriate docket number (e.g., Waiver individual’s absence in a manner with Part 229 shall be repaired before Petition Docket Number LI–95–15) and consistent with continued life rather the locomotive is used and the person must be submitted in triplicate to the than death. making the repairs shall sign the report. Docket Clerk, Office of Chief Counsel, The report shall be filed and retained for Because the change in the regulation Federal Railroad Administration, Nassif at least 92 days in the office of the Building, 400 Seventh Street SW., adopts the holdings of the Third, Fifth, carrier at the terminal at which the Sixth, Eighth, Ninth, Tenth and Washington, DC 20590. locomotive is cared for. Communications received within 45 Eleventh Circuits on a nationwide basis, The waiver would be for a six month days of the date of this notice will be we are rescinding Acquiescence Rulings period on a limited portion of the UP considered by FRA before final action is 86-6(3), 86-7(5), 86-8(6), 86-9(9), 86- railroad to permit relief from the taken. Comments received after that 10(10), 86-11(11) and 93-6(8). requirements that reports of the date will be considered as far as locomotive daily inspections be in (1) (Catalog of Federal Domestic Assistance practicable. All written communications paper form (UPRR Form 25005), (2) Programs Nos. 96.001 Social Security - concerning these proceedings are signed by the person performing the Disability Insurance; 96.002 Social Security - available for examination during regular inspections and (3) signed by the person Retirement Insurance; 96.004 Social Security business hours (9 a.m.–5 p.m.) in Room - Survivors Insurance.) performing the repairs when applicable. The UP proposes to enter and store the 8201, Nassif Building, 400 Seventh Dated: July 5, 1995. reports in a computerized system Street SW., Washington, DC 20590. Shirley S. Chater, utilizing electronic signatures. The Issued in Washington, DC on July 11, 1995. Commissioner of Social Security. project would be on the UP railroad in Phil Olekszyk, [FR Doc. 95–17306 Filed 7–13–95; 8:45 am] the States of Oregon (OR) and Deputy Associate Administrator for Safety BILLING CODE 4190±29±F Washington (WA) bound by Hinkle, OR, Compliance and Program Implementation. Spokane, WA, Albina (Portland), OR, [FR Doc. 95–17371 Filed 7–13–95; 8:45 am] and Seattle, WA. BILLING CODE 4910±06±P The locomotive inspection reports DEPARTMENT OF TRANSPORTATION would be entered into a computer by the personnel involved in the inspections National Highway Traffic Safety Federal Railroad Administration and repairs using an electronic Administration signature. Each employee subject to [Docket No. 95±53; Notice 1] Petition for a Waiver of Compliance making entries into this electronic system would be required to LOGON in Cantab Motors, Ltd.; Receipt of In accordance with 49 CFR 211.9 and the computer with a unique User ID and Application for Temporary Exemption 211.41, notice is hereby given that the Password known only to that employee. From Federal Motor Vehicle Safety Federal Railroad Administration (FRA) The UP states that the computer Standards No. 208 and 214 has received a request for a waiver of program would record the User ID and compliance with certain requirements of name of the employee for future Cantab Motors, Ltd., of Round Hill, the Federal safety laws and regulations. reference should it be needed. Also, VA, has applied for a temporary The individual petition is described another advantage of this process is that exemption of two years from paragraph below, including the party seeking the daily inspection records would be S4.1.4 of Federal Motor Vehicle Safety relief, the regulatory provisions stored in the computer for the 92-day Standard No. 208 Occupant Crash involved, the nature of the relief being period required by the regulation. The Protection, and from Federal Motor requested and the petitioner’s computer stored records could be Vehicle Safety Standard No. 214 Side arguments in favor of relief. readily recalled at any location on the Impact Protection. The basis of the UP for inspection by FRA personnel. A application is that compliance will Security programs under title II of the Act. Prior to joint UP and Brotherhood of Locomotive cause substantial economic hardship to March 31, 1995, the Secretary of Health and Human Engineers task force developed the a manufacturer that has tried to comply Services had such responsibility. computer based system for logging the with the standard in good faith. Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Notices 36329 This notice of receipt of an In time, it was determined that the belt respectively in which the restrained application is published in accordance track was likely to deform, making it occupants ‘‘emerged unscathed.’’ with the requirements of 49 U.S.C. inoperable. The program was Further, the availability ‘‘of this 30113(b)(2) and does not represent any abandoned, and Morgan and Cantab unique vehicle * * * will help judgment of the agency on the merits of embarked upon research leading to a maintain the existing diversity of motor the application. dual airbag system. vehicles available to the U.S. The make and type of passenger car According to the applicant, Morgan consumer.’’ Finally, ‘‘the distribution of for which exemption is requested is the tried without success to obtain a [this] propane-fueled vehicle has Morgan open car or convertible. Morgan suitable airbag system from Mazda, contributed to the national interest by Motor Company (‘‘Morgan’’), the British Jaguar, Rolls-Royce and Lotus. As a promoting the development of motor manufacturer of the Morgan, has not result, Morgan is now developing its systems by using alternate fuels.’’ offered its vehicle for sale in the United own system for its cars, and ‘‘[a]s many Interested persons are invited to States since the early days of the Federal as twelve different sensors, of both the submit comments on the application motor vehicle safety standards. In the impact and deceleration (sic) type, have described above. Comments should refer nine years it has been in business, the been tested and the system currently to the docket number and the notice applicant has bought 35 incomplete utilizes a steering wheel from a Jaguar number, and be submitted to: Docket Morgan cars from the British and the Land Rover Discovery steering Section, National Highway Traffic manufacturer, and imported them as column.’’ Redesign of the passenger Safety Administration, room 5109, 400 motor vehicle equipment, completing compartment is underway, involving Seventh Street, SW., Washington, DC manufacture by the addition of engine knee bolstering, a supplementary seat 20590. It is requested but not required and fuel system components. They belt system, anti-submarining devices, that 10 copies be submitted. differ from their British counterparts, and the seats themselves. Morgan All comments received before the not only in equipment items and informed the applicant on May 2, 1995, close of business on the comment modifications necessary for compliance that it had thus far completed 10 tests closing date indicated below will be with the Federal motor vehicle safety on the mechanical components involved considered, and will be available for standards, but also in their fuel system ‘‘and are now carrying out a detailed examination in the docket at the above components and engines, which are assessment of air bag operating systems address both before and after that date. propane fueled. As the party completing and columns before we will be in a To the extent possible, comments filed manufacture of the vehicle, Cantab position to undertake the full set of after the closing date will also be certifies its conformance to all appropriate tests to approve the considered. applicable Federal safety and bumper installation in our vehicles.’’ Notice of final action on the standards. The vehicle completed by Application for Exemption from application will be published in the Cantab in the U.S. is deemed Standard No. 214 Federal Register pursuant to the sufficiently different from the one authority indicated below. produced in Britain that NHTSA Concurrently, Morgan and the applicant have been working towards Comment closing date: August 14, considers Cantab the manufacturer, not 1995. a converter, even though the brand meeting the dynamic test and names are the same. performance requirements for side (49 U.S.C. 30113; delegations of authority at Morgan itself produced 478 cars in impact protection, for which Standard 49 CFR 1.50. and 501.8) 1994, while in the year preceding the No. 214 has established a phase-in Issued on July 10, 1995. filing of its petition in June 1995, the schedule. Although Morgan fits its car Barry Felrice, applicant produced 9 cars for sale in the with a dual roll bar system specified by Associate Administrator for Safety United States. Since the granting of its Cantab, and Cantab installs door bars Performance Standards. exemption in 1990, Cantab has invested and strengthens the door latch [FR Doc. 95–17297 Filed 7–13–95; 8:45 am] $38,244 in research and development receptacle and striker plate, the system BILLING CODE 4910±59±P related to compliance with Federal does not yet conform to the new safety and emissions standards. The requirements of Standard No. 214. It applicant has experienced a net loss in does, however, meet the previous side DEPARTMENT OF THE TREASURY each of its last three fiscal (calendar) door strength requirements of the years, with a cumulative net loss for this standard. Were the phase-in Public Information Collection period of $92,594. requirement of S8 applied to it, Requirements Submitted to OMB for calculated on the basis of its limited Application for Exemption From Review production, only very few cars would be Standard No. 208 required to meet the standard. July 6, 1995. Cantab received NHTSA Exemption The Department of Treasury has No. 90–3 from S4.1.2.1 and S4.1.2.2 of Safety and Public Interest Arguments submitted the following public Standard No. 208, which expired May 1, Because of the small number of information collection requirement(s) to 1993 (55 FR 21141). When this vehicles that the applicant produces and OMB for review and clearance under the exemption was granted in 1990, the its belief that they are used for pleasure Paperwork Reduction Act of 1980, applicant had concluded that the most rather than daily for business Public Law 96–511. Copies of the feasible way for it to conform to the commuting or on long trips, and submission(s) may be obtained by automatic restraint requirements of because of the three-point restraints and calling the Treasury Bureau Clearance Standard No. 208 was by means of an side impact protection currently offered, Officer listed. Comments regarding this automatically deploying belt. In the the applicant argues that an exemption information collection should be period following the granting of the would be in the public interest and addressed to the OMB reviewer listed exemption, Morgan and the applicant consistent with safety. It brings to the and to the Treasury Department created a mock-up of the Morgan agency’s attention two recent oblique Clearance Officer, Department of the passenger compartment with seat belt front impact accidents at estimated Treasury, Room 2110, 1425 New York hardware and motor drive assemblies. speeds of 30 mph and 65 mph Avenue, NW., Washington, DC 20220. 36330 Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Notices Internal Revenue Service (IRS) subject to the 30% withholding or Paperwork Reduction Act of 1980, OMB Number: 1545–0016 graduated rates. However, such Public Law 96–511. Copies of the Form Number: IRS Form 706–A compensation may be exempt from submission(s) may be obtained by Type of Review: Extension withholding because of a U.S. tax calling the Treasury Bureau Clearance Title: United States Additional Estate treaty or personal exemption amount. Officer listed. Comments regarding this Tax Return Form 8233 is used to request the information collection should be Description: Form 706–A is used by exemption. A withholding agent addressed to the OMB reviewer listed individuals to compute and pay the reviews the form and accepts it or not and to the Treasury Department additional estate taxes due under and forwards the form to IRS if the Clearance Officer, Department of the Code section 2032A(c). IRS uses the agent accepted it. Treasury, Room 2110, 1425 New York information to determine that the Respondents: Business or other for- Avenue, NW., Washington, DC 20220. taxes have been properly computed. profit, Individuals or households Estimated Number of Respondents/ Bureau of Alcohol, Tobacco and The form is also used for the basis Firearms (BATF) election of section 1016(c)(1). Recordkeepers: 6,800 Respondents: Individuals or households Estimated Burden Hours Per OMB Number: 1512–0005 Estimated Number of Respondents/ Respondent/Recordkeeper: Form Number: ATF F 3210.1 Recordkeeping—26 min. Recordkeepers: 180 Type of Review: Extension Learning about the law or the form— Estimated Burden Hours Per Title: Application for Restoration of 12 min. Respondent/Recordkeeper: Firearms and/or Explosives Preparing and sending the form to the Recordkeeping—3 hr., 17 min. Description: Certain categories of IRS—41 min. Learning about the law or the form— persons are prohibited from Frequency of Response: Annually 2 hr., 13 min. possessing explosives and firearms. Estimated Total Reporting/ This form is the basis for ATF Preparing the form—1 hr., 46 min. Recordkeeping Burden: 9,044 hours Copying, assembling, and sending the investigating the merits of an form to the IRS—1 hr., 3 min. OMB Number: 1545–1072 applicant to have his rights restored. Frequency of Response: On occasion. Regulation ID Number: INTL–952–86 Respondents: Individuals or households Estimated Total Reporting/ Final Estimated Number of Respondents: Recordkeeping Burden: 1,499 hours. Type of Review: Extension 5,000 Title: Allocation and Apportionment of Estimated Burden Hours Per OMB Number: 1545–0021 Interest Expense Respondent: 30 minutes Form Number: IRS Form 709–A Description: The regulations provide Frequency of Response: On occasion Type of Review: Extension rules concerning the allocation and Estimated Total Reporting Burden: Title: United States Short Form Gift Tax apportionment of expenses to foreign Return. 2,500 hours source income for purposes of the OMB Number: 1512–0024 Description: Form 709–A is used to foreign tax credit and other provisions report gifts that would be taxable Form Number: ATF F 1 (5320.1) Respondents: Individuals or Type of Review: Revision except that they are ‘‘split’’ between households, Business or other for- husband and wife. The form is a Title: Application to Make and Register profit a Firearm simplified version of Form 709, Estimated Number of Respondents: Description: This form is used by the designed to relieve these gift/ 15,000 public when applying to make a taxpayers of the burden of filing Form Estimated Burden Hours Per firearm that falls within the purview 709. IRS uses the information to Respondent: 6 minutes assure that ‘‘gift-splitting’’ was Frequency of Response: On occasion of the National Firearms Act (NFA). properly elected. Estimated Total Reporting Burden: The information supplied by the Respondents: Individuals or households 3,750 hours applicant on the form helps to Estimated Number of Respondents/ Clearance Officer: Garrick Shear (202) establish the applicants eligibility for Recordkeepers: 45,000 622–3869, Internal Revenue Service, approval of the request. Estimated Burden Hours Per Room 5571, 1111 Constitution Respondents: Individuals or Respondent/Recordkeeper: Avenue, NW., Washington, DC 20224 households, Business or other for- Recordkeeping—13 min. OMB Reviewer: Milo Sunderhauf (202) profit Learning about the law or the form— 395–7340, Office of Management and Estimated Number of Respondents: 11 min. Budget, Room 10226, New Executive 1,271 Preparing the form—14 min. Office Building, Washington, DC Estimated Burden Hours Per Copying, assembling, and sending to 20503. Respondent: 4 hours the form to the IRS—20 min. Lois K. Holland, Frequency of Response: On occasion Frequency of Response: Annually. Estimated Total Reporting Burden: Departmental Reports Management Officer. Estimated Total Reporting/ 5,084 hours [FR Doc. 95–17321 Filed 7–13–95; 8:45 am] Recordkeeping Burden: 43,650 hours. OMB Number: 1512–0026 BILLING CODE 4830±01±P OMB Number: 1545–0795 Form Number: ATF F 3 (5320.3) Form Number: IRS Form 8233 Type of Review: Revision Type of Review: Extension Public Information Collection Title: Application for Tax Exempt Title: Exemption From Withholding on Requirements Submitted to OMB for Transfer of Firearms and Registration Compensation for Independent Review of Special (Occupational) Taxpayer Personal Services of a Nonresident (26 U.S.C. 53, Firearms) Alien Individual. July 6, 1995. Description: This application allows a Description: Compensation paid to The Department of Treasury has special taxpayer firearms licensee to nonresident alien (NRA) for submitted the following public transfer a National Firearms Act independent personal service (i.e., as information collection requirement(s) to firearms without payment of tax to independent contractors) is generally OMB for review and clearance under the another eligible special taxpayer upon Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Notices 36331 approval of ATF. The approval form Description: Reports (letterhead Budget, Room 10226, New Executive is proof that the firearm is legally applications and notices) are Office Building, Washington, DC helped and legally transferred to the submitted by manufacturers of 20503. current holder of the firearm. nonbeverage products who are using Lois K. Holland, Conversely lack of the form could distilled spirits on which drawback Departmental Reports Management Officer. indicate illegal possession. will be claimed. Reports ensure that [FR Doc. 95–17322 Filed 7–13–95; 8:45 am] Respondents: Individuals or operations are in compliance with the BILLING CODE 4810±31±P households, Business or other for- law; prevents spirits from diversion to profit beverage use. Protects the revenue. Estimated Number of Respondents: Respondents: Business or other for- Public Information Collection 22,579 profit Requirements Submitted to OMB for Estimated Burden Hours Per Estimated Number of Respondents: 640 Review Respondent: 30 minutes Estimated Burden Hours Per Frequency of Response: On occasion Respondent: 30 minutes July 10, 1995. Estimated Total Reporting Burden: Frequency of Response: On occasion The Department of Treasury has 112,895 hours Estimated Total Reporting Burden: 640 submitted the following public OMB Number: 1512–0027 hours information collection requirement(s) to Form Number: ATF F 4 (5320.4) OMB Number: 1512–0379 OMB for review and clearance under the Type of Review: Extension Recordkeeping Requirement ID Number: Paperwork Reduction Act of 1980, Title: Application for Tax Paid Transfer ATF REC 5530/12 Public Law 96–511. Copies of the and Registration of a Firearm Type of Review: Extension submission(s) may be obtained by Description: This form must be Title: Manufacturers of Nonbeverage calling the Treasury Bureau Clearance submitted to ATF to obtain approval Products—Records to Support Claims Officer listed. Comments regarding this for tax paid transfers of NFA firearms. for Drawback information collection should be Approval of a transfer and registration Description: Records required to be addressed to the OMB reviewer listed of a firearm to a new owner are maintained by manufacturers of and to the Treasury Department accomplished with the information nonbeverage products are used to Clearance Officer, Department of the supplied on this document. verify claims for drawback of taxes Treasury, Room 2110, 1425 New York Respondents: Individuals or and hence, protect the revenue. Avenue, NW., Washington, DC 20220. households, Business or other for- Maintains accountability; allows Bureau of Alcohol, Tobacco and profit tracing of spirits by audit. Firearms (BATF) Estimated Number of Respondents: Respondents: Business or other for- 7,853 profit OMB Number: 1512–0020 Estimated Burden Hours Per Estimated Number of Recordkeepers: Form Number: ATF F 9 (5320.0) Respondent: 4 hours 611 Type of Review: Extension Title: Application and Permit for Frequency of Response: On occasion Estimated Burden Hours Per Permanent Exportation of Firearms Estimated Total Reporting Burden: Recordkeeper: 21 hours Description: This form is used to obtain 31,412 hours Frequency of Response: Monthly, permission to export firearms and Quarterly OMB Number: 1512–0095 serves as a vehicle to allow either the Estimated Total Recordkeeping Burden: Form Number: ATF F 5530.5 removal of the firearm from 12,831 hours Type of Review: Extension registration in the National Firearms Title: Formula and Process for OMB Number: 1512–0514 Registration and Transfer Record or Nonbeverage Products Form Number: ATF F 5530.8 collection of an excise tax. It is used Description: Businesses which use Type of Review: Extension by Federal firearms licensees and taxpaid alcohol to manufacture Title: Supporting Data for Nonbeverage others to obtain a benefit and by ATF nonbeverage products may file a Drawback Claims to determine and collect taxes. claim for drawback (refund or Description: Data required to be Respondents: Business or other for- remittance), if they can substantiate submitted by manufacturers of profit, Individuals or households by using ATF Form 5530.5 that the nonbeverage products are used to Estimated Number of Respondents: 70 spirits were used in the manufacture verify claims for drawback of taxes Estimated Burden Hours Per of products unfit for beverage use. and hence, protect the revenue. Respondent: 18 minutes This determination is based on the Maintains accountability, allows Frequency of Response: On occasion formula for the product. office (initial) verification of claims. Estimated Total Reporting Burden: Respondents: Business or other for- Respondents: Business or other for- 1,050 hours profit profit OMB Number: 1512–0022 Estimated Number of Respondents: 625 Estimated Number of Respondents: 611 Form Number: ATF F 5320.20 Estimated Burden Hours Per Estimated Burden Hours Per Type of Review: Extension Respondent: 30 minutes Respondent: 1 hour Title: Application to Transport Interstate Frequency of Response: On occasion Frequency of Response: Quarterly or Temporarily Export Certain Estimated Total Reporting Burden: Estimated Total Reporting Burden: National Firearms Act (NFA) Firearms 2,500 hours 3,666 hours Description: This form is used to request OMB Number: 1512–0378 Clearance Officer: Robert N. Hogarth permission to move certain NFA Recordkeeping Requirement ID Number: (202) 927–8930, Bureau of Alcohol, firearms in interstate or foreign ATF REC 5530/1 Tobacco and Firearms, Room 3200, commerce. Type of Review: Extension 650 Massachusetts Avenue, NW., Respondents: Individuals or households Title: Applications and Notices— Washington, DC 20226 Estimated Number of Respondents: 800 Manufacturers of Nonbeverage OMB Reviewer: Milo Sunderhauf (202) Estimated Burden Hours Per Products 395–7340, Office of Management and Respondent: 30 minutes 36332 Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Notices Frequency of Response: On occasion Estimated Number of Respondents: Estimated Number of Respondents: 600 Estimated Total Reporting Burden: 400 62,321 Estimated Burden Hours Per hours Estimated Burden Hours Per Respondent: 30 minutes OMB Number: 1512–0028 Respondent: 4 hours Frequency of Response: On occasion Form Number: ATF F 5 (5320.5) Frequency of Response: On occasion Estimated Total Reporting Burden: 600 Type of Review: Revision Estimated Total Reporting Burden: hours 398,568 hours Title: Application for Tax-Exempt Clearance Officer: Robert N. Hogarth Transfer and Registration of a Firearm OMB Number: 1512–0029 (202) 927–8930, Bureau of Alcohol, Description: The National Firearms Act Form Number: ATF F 10 (5320.10) Tobacco and Firearms, Room 3200, (NFA) requires that the information Type of Review: Extension 650 Massachusetts Avenue, NW., contained on this form be submitted Title: Application for Registration of Washington, DC 20226. to the Secretary for a tax exempt Firearms Acquired by Certain transfer of a NFA firearm. Approval of Governmental Entities OMB Reviewer: Milo Sunderhauf (202) the form amends the record in the Description: This form is used by State 395–7340, Office of Management and National Firearms Registration and and local government agencies to Budget, Room 10226, New Executive Transfer Record to show the current obtain permission to register Office Building, Washington, DC owner of the firearm. otherwise unregistrable firearms for 20503. Respondents: Individuals or agency use. These agencies obtain a Lois K. Holland, households, Business or other for- benefit by this registration. Departmental Reports Management Officer. profit, Federal Government, State, Respondents: State, Local or Tribal [FR Doc. 95–17323 Filed 7–13–95; 8:45 am] Local or Tribal Government Government BILLING CODE 4810±31±P 36333 Sunshine Act Meetings Federal Register Vol. 60, No. 135 Friday, July 14, 1995 This section of the FEDERAL REGISTER MATTERS TO BE CONSIDERED: listed for the closed meeting in a closed contains notices of meetings published under 1. Approval of the Minutes of the July 25, session. the ``Government in the Sunshine Act'' (Pub. 1995, Board Meeting. L. 94-409) 5 U.S.C. 552b(e)(3). The subject matter of the open 2. President’s Report. meeting scheduled for Wednesday, July 3. Discussion on Future of the Foundation. 4. Executive Session on Personnel 19, 1995, at 10:00 a.m., will be: BOARD OF GOVERNORS OF THE FEDERAL Implication in Fiscal Year 1996 (closed Consideration of whether to issue a release RESERVE SYSTEM session). proposing: (1) amendments to Form N–1A, the registration form used by open-end TIME AND DATE: 10:00 a.m., Wednesday, CONTACT PERSON FOR MORE INFORMATION: July 19, 1995. management investment companies, and Adolfo A. Franco Secretary to the Board Form N–3, the registration form used by PLACE: William McChesney Martin, Jr. of Directors (703) 841–3894. separate accounts organized as management Federal Reserve Board Building, C Dated: July 11, 1995. investment companies, that are designed to Street entrance between 20th and 21st promote the use of money market fund Adolfo A. Franco, Streets, NW., Washington, DC 20551. prospectuses that are shorter, simpler, and Sunshine Act Officer. STATUS: Closed. more informative and readily understandable [FR Doc. 95–17463 Filed 7–12–95; 12:01 pm] MATTERS TO BE CONSIDERED: to investors, and (2) technical amendments BILLING CODE 7025±01±M applicable to other management investment 1. Personnel actions (appointments, companies. Consideration of whether to issue promotions, assignments, reassignments, and a release proposing a new rule under the salary actions) involving individual Federal SECURITIES AND EXCHANGE COMMISSION Investment Company Act of 1940, rule 30b3– Reserve System employees. 1, that would require money market funds to Agency Meetings 2. Any items carried forward from a electronically file with the Commission previously announced meeting. Notice is hereby given, pursuant to quarterly reports describing in detail their CONTACT PERSON FOR MORE INFORMATION: the provisions of the Government in the portfolio holdings. Mr. Joseph R. Coyne, Assistant to the Sunshine Act, Pub. L. 94–409, that the The subject matter of the closed Board; (202) 452–3204. You may call Securities and Exchange Commission (202) 452–3207, beginning at meeting scheduled for Thursday, July will hold the following meetings during 20, 1995, will be: approximately 5 p.m. two business days the week of July 17, 1995. before this meeting, for a recorded An open meeting will be held on Institution of injunctive actions. announcement of bank and bank Wednesday, July 19, 1995, at 10:00 a.m. Settlement of injunctive action. Institution of administrative proceedings of holding company applications A closed meeting will be held on scheduled for the meeting. an enforcement nature. Thursday, July 20, 1995, at 10:00 a.m. Settlement of administrative proceedings Dated: July 12, 1995. Commissioners, Counsel to the of an enforcement nature. Jennifer J. Johnson, Commissioners, the Secretary to the Formal orders of investigation. Deputy Secretary of the Board. Commission, and recording secretaries Opinions. will attend the closed meetings. Certain [FR Doc. 95–17411 Filed 7–12–95; 10:35 am] At times, changes in Commission staff members who have an interest in BILLING CODE 6210±01±P priorities require alterations in the the matters may also be present. scheduling of meeting items. For further The General Counsel of the INTER-AMERICAN FOUNDATION BOARD information and to ascertain what, if Commission, or his designee, has MEETING any, matters have been added, deleted certified that, in his opinion, one or or postponed, please contact: The Office TIME AND DATE: July 25, 1995, 11:30 more of the exemptions set forth in 5 of the Secretary (202) 942–7070. a.m.–3:30 p.m. U.S.C. 552b(c) (4), (8), (9)(A) and (10) PLACE: 901 N. Stuart Street, Tenth Floor, and 17 CFR 200.402(a) (4), (8), (9)(i) and Dated: July 12, 1995. Arlington, Virginia 22203. (10), permit consideration of the Jonathan G. Katz, STATUS: Open except for the portions scheduled matters at the closed meeting. Secretary. specified as closed session as provided Commissioner Roberts, as duty [FR Doc. 95–17516 Filed 7–12–95; 3:45 pm] in 22 CFR Part 1004.4(b). officer, voted to consider the items BILLING CODE 8010±01±M 36334 Corrections Federal Register Vol. 60, No. 135 Friday, July 14, 1995 This section of the FEDERAL REGISTER charge(s) to the recipient were or will be insert ‘‘four years; declaration forms contains editorial corrections of previously imposed, as a result; for’’ after ‘‘for’’. published Presidential, Rule, Proposed Rule, and Notice documents. These corrections are BILLING CODE 1505±01±D § 1316.02 [Corrected] prepared by the Office of the Federal 3. On the same page, in the third Register. Agency prepared corrections are issued as signed documents and appear in DEPARTMENT OF JUSTICE column, in § 1316.02(c)(2), in the first the appropriate document categories line, ‘‘factors,’’ should read ‘‘factories,’’. Drug Enforcement Administration elsewhere in the issue. BILLING CODE 1505±01±D 21 CFR Parts 1309, 1313, and 1316 [DEA No. 112F] DEPARTMENT OF HEALTH AND DEPARTMENT OF LABOR HUMAN SERVICES RIN 1117±AA23 Employment and Training Administration Office of the Secretary Implementation of the Domestic Chemical Diversion Control Act of Job Training Partnership Act, Title III, 45 CFR Part 96 1993 (PL 103±200) Demonstration Program: Specialized/ Block Grant Programs Correction Targeted Dislocated Worker Services Project In rule document 95–14978 beginning Correction on page 32447 in the issue of Thursday, Correction In the correction to rule document June 22, 1995, make the following 95–9915 appearing on page 33260, in corrections: In notice document 95–15073 beginning on page 32171, in the issue of the issue of Tuesday, June 27, 1995, § 1309.12 [Corrected] paragraph designation 34. should read Tuesday, June 20, 1995, make the 1. On page 32455, in the second as set forth below: following correction: column, in § 1309.12(b), in the sixth On page 32172, in the first column, §96.87 [Corrected] line, insert ‘‘after’’ after ‘‘days’’. under DATES:, in the fourth line, 34. On page 21362, in the third § 1313.34 [Corrected] ‘‘August 26, 1995,’’ should read ‘‘August column, in §96.87(f)(2), the seventh line 2. On page 32465, in the second 21, 1995,’’. should read, ‘‘increased, or if other column, in § 1313.34(a), in the fifth line, BILLING CODE 1505±01±D federal register July 14,1995 Friday Mortgage Loans;Notice Notice ofSaleHUD-HeldMutifamily HousingÐFederal HousingCommissioner Office oftheAssistantSecretaryfor Development Housing andUrban Department of Part II 36335 36336 Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Notices DEPARTMENT OF HOUSING AND CFR 290.202 of that rule (59 FR 48731), initial deposit must total 10 percent of URBAN DEVELOPMENT the Department announces its intention the aggregate unpaid principal of all of to sell certain unsubsidized mortgage the bidder’s successful bids. Similarly, Office of the Assistant Secretary for loans (Mortgage Loans). The Mortgage if a bidder submits a pool bid or HousingÐFederal Housing Loans comprising this auction multiple pool bids, the additional Commissioner encumber properties located throughout deposit must total 10 percent of the [Docket No. FR±3931±N±01] the United States (FHA National aggregate unpaid principal of all of the Mortgage Auction). A final listing of the bidder’s successful pool bids. Notice of Sale of HUD-Held Multifamily specific properties involved in the FHA The Department will assign its Mortgage Loans National Mortgage Auction will be interest in a Mortgage Loan to a included in the Bid Package. The successful bidder no more than 45 days AGENCY: Office of the Assistant Mortgage Loans will be sold without after the Award Date. If the successful Secretary for Housing—Federal Housing FHA insurance. The Department will bidder fails to abide by the terms of the Commissioner, HUD. offer interested parties an opportunity to Loan Sale Agreement, including paying ACTION: Notice of sale of mortgage loans. bid competitively on the Mortgage the Department any remaining sums due Loans. Bids may be offered for one or all pursuant to the Loan Sale Agreement SUMMARY: This notice announces the of the Mortgage Loans, as well as for any and closing within the time period Department’s intention to sell certain combination of Mortgage Loans. More provided by the Loan Sale Agreement, unsubsidized mortgage loans, without particularly, a bidder may bid on as the Department shall retain and accept Federal Housing Administration (FHA) many individual Mortgage Loans as the as liquidated damages the initial and insurance, in a competitive auction. bidder chooses. Further, a bidder may additional deposit (plus interest) from This notice also describes the bidding condition acceptance of its bids for the successful bidder. process for these loans. This notice individual Mortgage Loans upon being These are the essential terms of sale. ensures compliance with the the successful bidder of Mortgage Loans The Loan Sale Agreement, which is Department’s mortgage sale regulations. with a minimum aggregate unpaid included in the Bid Package, will DATES: Bid Packages are currently principal balance. The Department will provide additional details. TO ENSURE available. accept those bids that optimize the gross A COMPETITIVE BIDDING PROCESS, ADDRESSES: Interested parties may proceeds from the sale. THE TERMS OF SALE ARE NOT SUBJECT TO NEGOTIATION. request a Bid Package by contacting an The Bidding Process FHA sales representative at 1–800–877– Due Diligence Facility 4814. When the information is available, The Department will describe in it will be forwarded by regular mail. detail the procedure for participating in During the 6 week distribution period Parties may make special arrangements the National Mortgage Auction in a Bid for Bid Packages, a due diligence facility to receive the information through Package, which will include a will be available to interested parties, at expedited delivery. standardized nonnegotiable loan sale which the Department will provide Asset review files for all the mortgage agreement (Loan Sale Agreement), as information such as environmental and loans included in this sale are currently well as certain information concerning title reports and market data. The available to prospective bidders for due each of the Mortgage Loans, such as the address of the facility is specified in the diligence at the Due Diligence Facility unpaid principal balance and interest ADDRESSES section, above. The located at 733 15th Street NW., Suite rate. The Department will distribute the Department anticipates that information 800, Washington, DC 20005. The facility Bid Package for a period of will be available in both electronic and will be open to the public between the approximately 6 weeks prior to the date hard copy forms. The Department hours of 9 a.m. and 6 p.m., Monday that bids are due. Bid Packages are reserves the right to charge a reasonable currently available. Interested parties through Friday. Interested parties fee to recover its costs in duplicating may request a Bid Package by contacting wanting access to the facility may and forwarding any information an FHA sales representative as specified contact Mr. Wayne T. Thornton, requested by an interested party, as well in the ADDRESSES section, above, of this Williams, Adley & Company, in writing as an access fee to the due diligence notice. at the above address, or by telephone at facility, which will be credited to the Bidders must include a 5 percent purchase of any asset review files. (202) 639–9700, to schedule access time. initial deposit with their bids. More Asset review files may also be ordered specifically, if a bidder submits multiple Mortgage Sale Policy and sent to prospective bidders in the bids, the initial deposit will be limited The Department reserves the right to manner described in the Bid Package. to 5 percent of the bidder’s single largest add or delete Mortgage Loans to the FOR FURTHER INFORMATION CONTACT: bid amount. Similarly, the initial FHA National Mortgage Auction at any William Richbourg, Office of the deposit for a bidder who has created a time prior to the Bid Date. The Housing—FHA Comptroller, pool or a number of pools is limited to Department also reserves the right to Management Control Staff, HFFM, 5 percent of the single largest bid reject any and all bids, without Room 5144, Department of Housing and amount of the bidder’s pool bids. The prejudice to the Department’s right to Urban Development, 451 Seventh Street successful bidders will be notified include any Mortgage Loans in a later SW., Washington, DC 20410; telephone within 2 business days (Award Date) sale. (202) 401–0577. Hearing- or speech- after the Bid Date. An additional deposit This notice is to ensure compliance impaired individuals may call (202) is required from each successful bidder with the Mortgage Sale Regulations. 708–4594 (TDD). These are not toll-free within 2 business days after the Award These regulations were promulgated in numbers. Date. This additional deposit when consideration of the settlement that the SUPPLEMENTARY INFORMATION: In added to the initial deposit must total Department entered into in Walker v. accordance with the final rule published 10 percent of the bidder’s successful Kemp, No. C 87 2628 RFP (N.D. Cal.). in the Federal Register on September bids. More specifically, if a bidder In settling the matter, the Department 22, 1994 (59 FR 48726) (Mortgage Sale submits multiple individual bids, the agreed, with regard to specific Regulations), and specifically with 24 additional deposit when added to the mortgages, to consider, prior to the sale Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Notices 36337 of such mortgages, certain factors closing, the funds in the replacement or individual described in paragraph (3) pertaining to the protection of tenant reserve account will be returned to the above at any time during which the interests in subsidized projects with mortgagor in accordance with such entity or individual performed services HUD-held mortgage loans. By following terms and conditions as may be for, or on behalf of, the Department in the Mortgage Sale Regulations, the established by the Department. connection with the FHA National Department is in compliance with the Mortgage. terms of the settlement. Timely Bids and Deposits (5) Any entity or individual that This is a sale of unsubsidized Each bidder assumes all risks of loss served as a loan servicer or performed mortgage loans. Therefore, the relating to its failure to deliver, or cause other services for, or on behalf of the Department has determined that to be delivered, on a timely basis and in Department, with respect to any of the pursuant to the Mortgage Sale the manner specified by the mortgage loans included in the FHA Regulations, the Mortgage Loans may be Department, each bid form, earnest National Mortgage Auction at any time sold without FHA insurance. At this money deposit and Loan Sale during the two-year period prior to time, the Department knows of no Agreement required to be submitted by August 16, 1995; and Mortgage Loans securing projects (1) for the bidder. (6) Any individual that was a which foreclosure appears unavoidable, principal and/or employee of any entity and (2) in which reside very low-income Ties for High Bidder or individual described in paragraph (5) tenants who are not receiving housing In the event there is a tie for a high above at any time during the two-year assistance and would be likely to pay bid, the Department, through its period prior to August 16, 1995, except, rent in excess of 30 percent of their financial advisor, will contact the however, any entity or individual adjusted monthly income if HUD sold parties with the tie bid and afford each described in paragraphs (5) and (6) shall the mortgage (24 CFR 290.202, see 59 FR of them an opportunity to offer a best be permitted (subject to the terms and 48731, September 22, 1994). If the and final bid. The successful bidder will conditions of any agreement the entity Department determines that there are be the one with the highest bid. If a tie or individual has previously entered any such Mortgage Loans, they will be continues after the best and final offers into in connection with the FHA removed from this sale. are submitted or the bidders do not National Mortgage Auction and/or other respond, or do not respond within the agreements entered into with, or on Mortgage Loan Sale Procedure time period established by the behalf of, the Department), to: The Department selected a Department, the successful bidder will (i) Perform services as a consultant competitive auction as the method to be determined by lottery. and/or advisor to any bidder who is sell the Mortgage Loans primarily to Notwithstanding the above, the eligible to bid at the FHA National satisfy the Mortgage Sale Regulations. Department reserves the right to Mortgage Auction, provided that such These regulations require that, except withdraw any Mortgage Loan(s) subject services do not involve the use of any under certain limited circumstances, to a tie bid. materials or information not otherwise mortgages must be sold on a competitive available to the general public that were basis (24 CFR 290.200(a), see 59 FR Status of Mortgage Loans produced or developed for, or on behalf 48730, September 22, 1994). This As of May 31, 1995, none of the of, the Department; and method of sale optimizes the Mortgage Loans were delinquent by an (ii) Bid on any of the Mortgage Loans Department’s return on the sale of these amount of more than one monthly included in the FHA National Mortgage Mortgage Loans, affords the greatest payment. One or more of the Mortgage Auction that were not serviced by such opportunity for all interested parties to Loans, however, may become entity or individual described in bid on the Mortgage Loans, and delinquent and one or more of the paragraphs (5) or (6) at any time during provides the quickest and most efficient Mortgage Loans that are delinquent may the two-year period prior to August 16, vehicle for the Department to dispose of become performing, on or before the 1995. the Mortgage Loans. date that title to the Mortgage Loan(s) is Freedom of Information Requests At one time, the Department transferred to the successful bidder. considered and discussed with industry Mortgage Loans that are delinquent on HUD has approved a policy for participants a loan sale procedure that May 31, 1995 may become more responding to Freedom of Information afforded the borrowers the opportunity delinquent prior to closing. Act requests for sales information on to acquire their Mortgage Loans on a HUD’s Multifamily Mortgage Loan noncompetitive basis prior to offering Ineligible Bidders Sales. The purpose of this policy is to the Mortgage Loans for sale to all other The following individuals and entities clarify for the public and potential interested parties (Borrower Settlement (either alone or in combination with purchasers of HUD-held multifamily Option). For the reason set forth above, others) are ineligible to bid on any one project mortgages the types of sales however, the Department decided to or combination of the Mortgage Loans information that will be disclosed under dispose of these Mortgage Loans included in the FHA National Mortgage the Department’s HUD-held multifamily through a competitive auction. Auction: mortgage sales program and to strike a (1) Any employee of the Department; balance between HUD’s policy of Application Of Replacement Reserve (2) Any individual or entity that is disclosing as much information as To Indebtedness debarred from doing business with the possible to the public and the specific If a Mortgage Loan is in arrears at the Department pursuant to 24 CFR part 24; mandates of the Multifamily Housing time of closing, the Department will (3) Any contractor, subcontractor and/ Property Disposition Reform Act of 1994 apply the funds in the replacement or consultant (including any agent of the to reduce losses to the FHA fund reserve account to the amount due the foregoing) who performed services for, through mortgage sales. The Department Department under the Mortgage Loan or on behalf of, the Department in has determined that Freedom of and, thereafter, the balance in the connection with the FHA National Information Act requests for certain replacement reserve account, if any, will Mortgage; types of sales information after the date be transferred to the mortgagor. If a (4) Any individual that was a of the auction but prior to the Mortgage Loan is current at the time of principal and/or employee of any entity Department’s closing of the sales would 36338 Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Notices have an adverse effect both on the commercial position of the prospective purchasers and on the integrity of the Department’s auction process. In considering HUD’s statutory obligations, HUD has decided that the sales information to be disclosed following the settlement of all sales transactions will consist of: (1) The names and addresses of the parties requesting bidder information packages; (2) the identities of the purchasers; and (3) the purchase price. Scope of Notice This notice applies to this FHA National Mortgage Auction, and does not establish the Department’s policy for the sale of other mortgage loans. Dated: July 10, 1995. Jeanne K. Engel, General Deputy Assistant Secretary for Housing—Federal Housing Commissioner. [FR Doc. 95–17284 Filed 7–13–95; 8:45 am] BILLING CODE 4210±27±P i Reader Aids Federal Register Vol. 60, No. 135 Friday, July 14, 1995 INFORMATION AND ASSISTANCE CFR PARTS AFFECTED DURING JULY Federal Register At the end of each month, the Office of the Federal Register Index, finding aids & general information 202±523±5227 publishes separately a List of CFR Sections Affected (LSA), which Public inspection announcement line 523±5215 lists parts and sections affected by documents published since the Corrections to published documents 523±5237 revision date of each title. Document drafting information 523±3187 Machine readable documents 523±4534 3 CFR 11 CFR Administrative Orders: 100...... 35292 Code of Federal Regulations Memorandums: 106...... 35292 Index, finding aids & general information 523±5227 June 29, 1995...... 35113 109...... 35292 Printing schedules 523±3419 Presidential Determinations: 114...... 35292 No. 95±27 of June 23, Laws 12 CFR 1995 ...... 35461 Public Laws Update Service (numbers, dates, etc.) 523±6641 No. 95±28 of June 23, 22...... 35286 Additional information 523±5230 1995 ...... 35463 30...... 35674 208...... 35286, 35674 Presidential Documents No. 95±29 of June 28, 1995 ...... 35465 225...... 35120 Executive orders and proclamations 523±5230 No. 95±31 of July 2, 263...... 35674 Public Papers of the Presidents 523±5230 1995 ...... 35827 303...... 35674 Weekly Compilation of Presidential Documents 523±5230 308...... 35674 4 CFR 339...... 35286 The United States Government Manual 28...... 35115 360...... 35487 General information 523±5230 29...... 35115 364...... 35674 563...... 35286 Other Services 5 CFR 570...... 35674 Data base and machine readable specifications 523±4534 614...... 35286 Guide to Record Retention Requirements 523±3187 213...... 35119 760...... 35286 316...... 35119 Legal staff 523±4534 Proposed Rules: 532 ...... 35467, 36203, 36204 Privacy Act Compilation 523±3187 20...... 34907 575...... 35601 Public Laws Update Service (PLUS) 523±6641 21...... 34476 581...... 35468 TDD for the hearing impaired 523±5229 28...... 34907 Proposed Rules: 30...... 35688 532...... 36238 ELECTRONIC BULLETIN BOARD 34...... 35353 550...... 35342 208...... 34481, 35688 Free Electronic Bulletin Board service for Public Law 211...... 34481 numbers, Federal Register finding aids, and list of 7 CFR 225...... 34481 documents on public inspection. 202±275±0920 29...... 36027 309...... 35148 FAX-ON-DEMAND 201...... 35829 346...... 36074 360...... 35831 364...... 35688 You may access our Fax-On-Demand service. You only need a fax 457...... 35832 570...... 35688 machine and there is no charge for the service except for long 868...... 36028, 36030 distance telephone charges the user may incur. The list of 920...... 36032 14 CFR documents on public inspection and the daily Federal Register’s 921...... 36204 39 ...... 34844, 35322, 35323, table of contents are available using this service. The document 956...... 34843 35324, 35326, 35328, 35452 numbers are 7050-Public Inspection list and 7051-Table of 958...... 34453 71 ...... 34845, 35330, 35331, Contents list. The public inspection list will be updated 998...... 36205 35332, 35333 immediately for documents filed on an emergency basis. 1205...... 36033 Proposed Rules: NOTE: YOU WILL ONLY GET A LISTING OF DOCUMENTS ON 1446...... 35834 FILE AND NOT THE ACTUAL DOCUMENT. Documents on 39 ...... 35873, 35877, 36078 1955...... 34454 234...... 35158 public inspection may be viewed and copied in our office located 2812...... 34456 at 800 North Capitol Street, N.W., Suite 700. The Fax-On-Demand Proposed Rules: 16 CFR telephone number is: 301±713±6905 1...... 34474 Proposed Rules: 47...... 34474 436...... 34485 FEDERAL REGISTER PAGES AND DATES, JULY 319 ...... 34832, 35712, 35871 1500...... 34922 1004...... 36239 1507...... 34922 34453±34842...... 3 9 CFR 17 CFR 34843±35112...... 5 Proposed Rules: 30...... 34458 35113±35320...... 6 82...... 35343 231...... 35663 35321±35460...... 7 145...... 35343 Proposed Rules: 147...... 35343 35461±35690...... 10 210...... 35656 228 ...... 35604, 35633, 35656 35691±35828...... 11 10 CFR 229...... 35604, 35633 35829±36026...... 12 19...... 36038 230 ...... 35604, 35638, 35642, 36027±36202...... 13 20...... 36038 35645, 35648 515...... 35321 232...... 35648 36203±36338...... 14 1008...... 35835 239...... 35604, 35656 ii Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Reader Aids 240 ...... 35604, 35633, 35642 19...... 35692 80...... 35488 1...... 34902 249 ...... 35604, 35633, 35642, 20...... 35692 81...... 34461, 34859 2...... 35507 35656 22...... 35692 90...... 34582 63...... 35507 260...... 35642 27...... 35692 180 ...... 34868, 34869, 34871, 64...... 35846 28...... 35692 34874, 34876, 35844 73 ...... 35338, 35339, 35340, 18 CFR 35...... 35692 185...... 34876 35512, 36230, 36231 Proposed Rules: 36...... 35692 186...... 34876 76...... 35854 284...... 35522 50...... 35692 260...... 35452 80...... 35507 56...... 35692 262...... 35452 90...... 35507 19 CFR 264...... 35452, 35703 57...... 35692 Proposed Rules: 265...... 35452, 35703 4...... 35837 70...... 35692 2...... 35166 270...... 35452 141 to 199 ...... 35122 71...... 35692 15...... 35166 271...... 35452, 35703 Proposed Rules: 74...... 35692 25...... 35166 102...... 35878 77...... 35692 281...... 34879 302...... 35492, 35991 32...... 35548 133...... 36249 90...... 35692 36...... 35548 162...... 35881 913...... 35696, 35697 355...... 35991 436...... 35796 64...... 35368 925...... 36044 73 ...... 34959, 35369, 35372, 21 CFR 934...... 36213 704...... 34462 707...... 34462 35548 102...... 34459 Proposed Rules: 712...... 34462, 34879 87...... 35166 510...... 35122, 35838 920...... 36080 90...... 35719 522...... 35122, 35123 716...... 34462, 34879 944...... 35158 720...... 34462 558...... 34460 948...... 34934 1309...... 35264, 36334 721...... 34462 48 CFR 1313...... 35264, 36334 31 CFR 723...... 34462 761...... 34462 1 ...... 34732, 34733, 34735 1316...... 35264, 36334 321...... 35126 763...... 34462 2 ...... 34732, 34735, 34741 Proposed Rules: 766...... 34462 3...... 34732, 34741 32 CFR 314...... 34486 790...... 34462 4 ...... 34732, 34735, 34741 872...... 35713 290...... 35699 795...... 34462 5 ...... 34732, 34735, 34741 22 CFR 311...... 36050 796...... 34462 6...... 34732, 34741 341...... 35839 799...... 34462 7...... 34732, 34735 42...... 35838 806b...... 36224 Proposed Rules: 8 ...... 34732, 34735, 34741 23 CFR Proposed Rules: 52 ...... 34488, 34938, 35361, 9 ...... 34732, 34735, 34741 57...... 36081 35531, 35535, 36082, 36252 12...... 34732, 34735 645...... 34846 63...... 34938 13...... 34732, 34741 33 CFR 24 CFR 70 ...... 34488, 34493, 35538, 14...... 34732, 34735 100...... 35699 36083 15 ...... 34732, 34735, 34741 92...... 36020 162...... 35701 80...... 34940 16 ...... 34732, 34735, 34741 200...... 35691 165...... 35702 140...... 34940 19 ...... 34732, 34735, 34741 572...... 36016 180 ...... 34943, 34945, 35365 20 ...... 34732, 34735, 34741 791...... 35123 34 CFR 264...... 35718 22...... 34732, 34741 882...... 34660 265...... 35718 23...... 34732, 34741 887...... 34660 Ch. XI...... 35798 300...... 35160 25 ...... 34732, 34735, 34741 905...... 35691 200...... 34800 430...... 34938 27...... 34732, 34741 941...... 35691 201...... 34800 439...... 35367 28 ...... 34732, 34735, 34741 968...... 35691 203...... 34800 982...... 34660 205...... 34800 41 CFR 29...... 34741 983...... 34660 212...... 34800 32 ...... 34732, 34735, 34741 263...... 35111 101±47...... 35706 33...... 34732 Proposed Rules: 1100...... 35798 36 ...... 34732, 34735, 34741 92...... 36012 42 CFR 41...... 34732, 34741 3...... 36072 36 CFR 42...... 34732, 34741 25 CFR 6...... 36073 5...... 35839 43...... 34732, 34741 Proposed Rules: 50...... 35810 7...... 35839, 36224 Ch. I ...... 34488 51g...... 36072 44...... 34732, 34741 68...... 35842 110...... 36072 45 ...... 34732, 34735, 34741 26 CFR 701...... 34852 414...... 35492 46...... 34732, 34741 Proposed Rules: Proposed Rules: 417...... 34885 47...... 34732, 34741 1...... 35882 7...... 35887 433...... 35498 49...... 34732, 34741 52 ...... 34732, 34735, 34741 18...... 35882 13...... 36082 Proposed Rules: 53 ...... 34732, 34735, 34741 37 CFR 52b...... 35266 28 CFR 405...... 35544 204...... 34467 0...... 35334 Proposed Rules: 215...... 34467 201...... 35522 44 CFR 217...... 34467 29 CFR 202...... 35522 65 ...... 34888, 34889, 35276 219...... 35668 1915...... 36043 67...... 34891 225...... 34470, 34471 39 CFR 1926...... 36043 Proposed Rules: 243...... 34467 1960...... 34851 111...... 34854 67...... 34947 252...... 34471, 35668 2610...... 36208 Proposed Rules: 1160...... 35162 253...... 35868 2619...... 36210 111...... 36179 Proposed Rules: 2622...... 36208 45 CFR 32...... 35454 2676...... 36210 40 CFR 94...... 35810 52...... 35454 2644...... 36212 9...... 34582, 35452 96...... 36334 206...... 34497 Proposed Rules: 52 ...... 34856, 34859, 34867, Proposed Rules: 207...... 34497 2628...... 35308 36051, 36060, 36063, 36065, 57a...... 36093 225...... 34497 36225, 36227 1552...... 35719 30 CFR 60...... 35452 47 CFR 5446...... 35720 18...... 35692 70 ...... 35335, 36065, 36070 0...... 34901, 35503 5452...... 35720 Federal Register / Vol. 60, No. 135 / Friday, July 14, 1995 / Reader Aids iii 49 CFR 541...... 36231 571...... 35126 573...... 35458 576...... 35458 577...... 35458 Proposed Rules: 195...... 35549 225...... 34498 571 ...... 35169, 35373, 35889, 36253 573...... 35459 575...... 34961, 36255 576...... 35459 577...... 35459 50 CFR 17...... 36000 301...... 34472 630...... 35340, 35869 644...... 35340 645...... 35340 650...... 35513 651...... 35513 653...... 35340 663...... 34472 669...... 35340 672 ...... 35146, 35711, 35870, 36236, 36237 675...... 34904 677...... 34904 678...... 35340 Proposed Rules: 17...... 35374 32...... 36196, 36200 36...... 36093 228...... 35891 635...... 34965 638...... 36093