Pages 7979±8204 Vol. 61 3±1±96 No. 42 federal register March 1,1996 Friday announcement ontheinsidecoverofthisissue. For informationonbriefinginWashington,DC,see Briefings onHowToUsetheFederalRegister 1 II Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996

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 General online information 202–512–1530 the Office of the Federal Register, National Archives and Records Administration, Washington, DC 20408, under the Federal Register Single copies/back copies: Act (49 Stat. 500, as amended; 44 U.S.C. Ch. 15) and the Paper or fiche 512–1800 regulations of the Administrative Committee of the Federal Register Assistance with public single copies 512–1803 (1 CFR Ch. I). Distribution is made only by the Superintendent of Documents, U.S. Government Printing Office, Washington, DC FEDERAL AGENCIES 20402. Subscriptions: The Federal Register provides a uniform system for making Paper or fiche 523–5243 available to the public regulations and legal notices issued by Assistance with Federal agency subscriptions 523–5243 Federal agencies. These include Presidential proclamations and For other telephone numbers, see the Reader Aids section Executive Orders and Federal agency documents having general applicability and legal effect, documents required to be published at the end of this issue. by act of Congress and other Federal agency documents of public interest. Documents are on file for public inspection in the Office of the Federal Register the day before they are published, unless FEDERAL REGISTER WORKSHOP earlier filing is requested by the issuing agency. The seal of the National Archives and Records Administration THE FEDERAL REGISTER: WHAT IT IS AND authenticates this issue of the Federal Register as the official serial HOW TO USE IT publication established under the Federal Register Act. 44 U.S.C. 1507 provides that the contents of the Federal Register shall be FOR: Any person who uses the Federal Register and Code of Federal judicially noticed. Regulations. The Federal Register is published in paper, 24x microfiche and as WHO: Sponsored by the Office of the Federal Register. an online database through GPO Access, a service of the U.S. WHAT: Free public briefings (approximately 3 hours) to present: Government Printing Office. The online database is updated by 6 1. The regulatory process, with a focus on the Federal Register a.m. each day the Federal Register is published. The database system and the public’s role in the development of includes both text and graphics from Volume 59, Number 1 (January 2, 1994) forward. Free public access is available on a regulations. Wide Area Information Server (WAIS) through the Internet and via 2. The relationship between the Federal Register and Code of asynchronous dial-in. Internet users can access the database by Federal Regulations. using the World Wide Web; the Superintendent of Documents l 3. The important elements of typical Federal Register home page address is http://www.access.gpo.gov/su docs/, by documents. using local WAIS client software, or by telnet to swais.access.gpo.gov, then login as guest, (no password required). 4. An introduction to the finding aids of the FR/CFR system. Dial-in users should use communications software and modem to WHY: To provide the public with access to information necessary to call (202) 512–1661; type swais, then login as guest (no password research Federal agency regulations which directly affect them. required). For general information about GPO Access, contact the GPO Access User Support Team by sending Internet e-mail to There will be no discussion of specific agency regulations. [email protected] gpo.gov; by faxing to (202) 512–1262; or by calling (202) 512–1530 between 7 a.m. and 5 p.m. Eastern time, WASHINGTON, DC Monday–Friday, except for Federal holidays. [Two Sessions] The annual subscription price for the Federal Register paper WHEN: March 12, 1996 at 9:00 am and edition is $494, or $544 for a combined Federal Register, Federal Register Index and List of CFR Sections Affected (LSA) March 26, 1996 at 9:00 am subscription; the microfiche edition of the Federal Register WHERE: Office of the Federal Register Conference including the Federal Register Index and LSA is $433. Six month Room, 800 North Capitol Street, NW., subscriptions are available for one-half the annual rate. The charge Washington, DC (3 blocks north of Union for individual copies in paper form is $8.00 for each issue, or $8.00 for each group of pages as actually bound; or $1.50 for each issue Station Metro) in microfiche form. All prices include regular domestic postage RESERVATIONS: 202–523–4538 and handling. International customers please add 25% for foreign handling. Remit check or money order, made payable to the Superintendent of Documents, or charge to your GPO Deposit Account, VISA or MasterCard. Mail to: New Orders, Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250–7954. There are no restrictions on the republication of material appearing in the Federal Register. How To Cite This Publication: Use the volume number and the page number. Example: 61 FR 12345.

2 III

Contents Federal Register Vol. 61, No. 42

Friday, March 1, 1996

Agriculture Department Employment Standards Administration See Forest Service NOTICES See Grain Inspection, Packers and Stockyards Minimum wages for Federal and federally-assisted Administration construction; general wage determination decisions, 8077–8078 Blind or Severely Disabled, Committee for Purchase From People Who Are Energy Department See Committee for Purchase From People Who Are Blind or See Federal Energy Regulatory Commission Severely Disabled NOTICES Electricity export and import authorizations, permits, etc.: Commerce Department Northeast Utilities Service Co., 8046 See Economic Development Administration Grants and cooperative agreements; availability, etc.: See Foreign-Trade Zones Board Medical surveillance; former Energy Department workers, See International Trade Administration 8047–8048 See National Oceanic and Atmospheric Administration 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, 8044–8045 California, 7992–7994 Michigan, 7995–7996 Superfund program: Committee for the Implementation of Textile Agreements National oil and hazardous substances contingency NOTICES plan— Cotton, wool, and man-made textiles: National priorities list update, 7996–7997 Mexico, 8043–8044 PROPOSED RULES Air quality implementation plans; approval and Customs Service promulgation; various States: RULES California, 8008–8009 Articles conditionally free, subject to reduced rate, etc.: Maryland, 8009–8012 Reusable shipping devices arriving from Canada or Michigan, 8009 Mexico; treatment, 7987–7990 Pesticides; tolerances in food, animal feeds, and raw PROPOSED RULES agricultural commodities: Organization and functions; field organization, ports of Dicofol, etc., 8174–8183 entry, etc.: Superfund program: Columbus, OH; port limits extension, 8001–8002 National oil and hazardous substances contingency plan— Defense Department National priorities list update, 8012–8014 NOTICES PROPOSED RULES Privacy Act; implementation, 8003–8008 Clean Air Act: NOTICES Risk management programs; accidental release prevention Base closure and realignment: requirements; guidances availability Homeless assistance; local redevelopment authorities; Comment deadline extension, 8058 points of contact and addresses, 8045–8046 Committees; establishment, renewal, termination, etc.: Industrial Non-Hazardous Waste Stakeholders Focus Group, 8058–8059 Economic Development Administration Environmental statements; availability, etc.: RULES Agency statements— Federal regulatory review: Comment availability, 8059–8060 Simplification and streamlining regulations; Federal Weekly receipts, 8060–8061 regulatory review, 7979–7985 Pesticide registration, cancellation, etc.: NOTICES Cyanazine, 8186–8203 Trade adjustment assistance eligibility determination Reporting and recordkeeping requirements, 8061 petitions: Twang, Inc., et al., 8027 Executive Office of the President Education Department See Trade Representative, Office of United States RULES Special eduation and rehabilitative services: Farm Credit Administration Technology-related assistance for individuals with NOTICES disabilities State grants program, 8158–8172 Meetings; Sunshine Act, 8061 IV Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Contents

Federal Communications Commission NOTICES RULES Endangered and threatened species: Radio stations; table of assignments: Black-footed ferret survey guidelines for oil and gas California et al., 7999–8000 activities in Wyoming; comment period extension, Mississippi, 7999 8071 Television stations; table of assignments: Endangered and threatened species permit applications, New Mexico, 8000 8070–8071 PROPOSED RULES Television stations; table of assignments: Food and Drug Administration New York, 8014 RULES NOTICES Color additives: Agency information collection activities: Fruit and vegetable juice color additives, 7990 Submission for OMB review; comment request, 8061– Food additives: 8062 Mannitol, 7990–7991 Common carrier and operational fixed point-to-point PROPOSED RULES microwave radio services: Chlorofluorocarbon propellants in self-pressurized 37.0–38.6 GHz and 38.6–40 GHz bands; applications, containers: 8062–8063 Sterile aerosol talc; addition to list of essential uses, 8002–8003 NOTICES Federal Deposit Insurance Corporation Food additive petitions: NOTICES Ciba-Geigy Corp.; withdrawn, 8066–8067 Meetings; Sunshine Act, 8063 Harmonisation International Conference; guidelines availability: Pharmaceuticals— Federal Emergency Management Agency Final guideline on need for long-term rodent RULES carcinogenicity studies, 8154–8156 Flood insurance; communities eligible for sale: Meetings: Georgia et al., 7997–7999 Investigational biological product trials; procedure to NOTICES monitor clinical hold process; meeting and request Disaster and emergency areas: for submissions, 8067 Idaho, 8063 Maryland, 8063 Foreign-Trade Zones Board Ohio, 8063 NOTICES Oregon, 8063–8064 Applications, hearings, determinations, etc.: Pennsylvania, 8064 Tennessee Virginia, 8064 Nissan Motor Manufacturing Corp. U.S.A.; motor Washington, 8064–8065 vehicles and components, 8027–8028

Federal Energy Regulatory Commission Forest Service NOTICES NOTICES Electric rate and corporate regulation filings: Organization, functions, and authority delegations: Yichange CMI Power Development Co., Ltd. et al., 8048– California Spotted Owl—Sierra Nevada—management 8050 direction for National Forests in CA, 8025 Environmental statements; availability, etc.: Grain Inspection, Packers and Stockyards Administration Chugach Electric Association, Inc., 8050 NOTICES Southern Natural Gas Co., 8050–8052 Agency designation actions: Hydroelectric applications, 8052–8056 Iowa et al., 8025–8026 Natural gas certificate filings: Maine, 8026 Southern Natural Gas Co. et al., 8056–8058 Central filing systems; State certifications: Oklahoma, 8026 Federal Reserve System Stockyards; posting and deposting: NOTICES Roden’s Auction Service, AR, et al., 8026 Meetings; Sunshine Act, 8065 Applications, hearings, determinations, etc.: Health and Human Services Department Crawford Financial Corp. et al., 8065 See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health Fish and Wildlife Service NOTICES PROPOSED RULES Agency information collection activities: Endangered and threatened species: Proposed collection; comment request, 8065–8066 Amargosa toad, 8018–8019 Fisher; populations in the Western United States, 8016– Health Resources and Services Administration 8018 NOTICES Ohlone Tiger Beetle, 8014–8016 Grants and cooperative agreements; availability, etc.: Meetings: Human immunodeficiency virus (HIV)— Endangered Species of Wild Fauna and Flora Early intervention services; pre-application technical International Trade Convention, 8019–8021 assistance workshops, 8068 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Contents V

Housing and Urban Development Department National Highway Traffic Safety Administration NOTICES NOTICES Grants and cooperative agreements; availability, etc.: Motor vehicle safety standards: Facilities to assist homeless— Nonconforming vehicles— Excess and surplus Federal property, 8110–8152 Importation eligibility; determinations, 8097–8104

Immigration and Naturalization Service National Institutes of Health NOTICES NOTICES Temporary protected status program designations: Meetings: Liberia, 8076–8077 National Cancer Institute, 8068 National Heart, Lung, and Blood Institute, 8068 Interior Department National Institute of Allergy & Infectious Diseases, 8068– See Fish and Wildlife Service 8069 See Land Management Bureau Research Grants Division special emphasis panels, 8069– See National Park Service 8070 See Surface Mining Reclamation and Enforcement Office National Oceanic and Atmospheric Administration Internal Revenue Service PROPOSED RULES RULES Fishery conservation and management: Estate taxes: Gulf of Alaska groundfish, 8023–8024 Actuarial tables exceptions Pacific Coast groundfish, 8021–8023 Correction, 7991–7992 NOTICES Agency information collection activities: International Trade Administration Proposed collection; comment request, 8042–8043 NOTICES Permits: Antidumping: Marine mammals, 8043 Large newspaper printing presses and components (assembled or unassembled) from— National Park Service Germany, 8035–8039 NOTICES Japan, 8029–8034 Meetings: Melamine institutional dinnerware products from— Dayton Aviation Heritage Commission, 8073–8074 Indonesia et al., 8039–8041 Mississippi River Coordinating Commission, 8074 Antidumping duty orders and findings: Intent to revoke, 8028–8029 National Science Foundation Applications, hearings, determinations, etc.: NOTICES University of— Meetings: California et al., 8041–8042 Alan T. Waterman Award Committee, 8078 Hawaii et al., 8042 Bioengineering and Environmental Systems Special Emphasis Panel, 8079 Justice Department Computer and Information Science and Engineering See Immigration and Naturalization Service Advisory Committee, 8079 NOTICES Elementary, Secondary and Informal Education Special Agency information collection activities: Emphasis Panel, 8079 Proposed collection; comment request, 8075–8076 Geosciences Advisory Committee, 8079 Geosciences Special Emphasis Panel, 8079–8080 Labor Department Materials Research Special Emphasis Panel, 8080 See Employment Standards Administration Physics Special Emphasis Panel, 8080

Land Management Bureau Nuclear Regulatory Commission NOTICES NOTICES Closure of public lands: Applications, hearings, determinations, etc.: Utah, 8071–8072 Bolton, Eugene, 8080–8081 Meetings: Lower Snake River District Resource Advisory Council, Office of United States Trade Representative 8072 See Trade Representative, Office of United States Southeastern Oregon Resource Advisory Council, 8072 Oil and gas leases: Personnel Management Office New Mexico, 8072 NOTICES Realty actions; sales, leases, etc.: Agency information collection activities: New Mexico, 8072–8073 Proposed collection; comment request, 8082 Utah, 8073 Meetings: Survey plat filings: Federal Salary Council, 8082 Idaho, 8073 Public Health Service National Archives and Records Administration See Food and Drug Administration NOTICES See Health Resources and Services Administration Agency records schedules; availability, 8078 See National Institutes of Health VI Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Contents

Securities and Exchange Commission Trade Representative, Office of United States NOTICES NOTICES Committees; establishment, renewal, termination, etc.: Meetings: Capital Formation and Regulatory Processes Advisory Agricultural Policy Advisory Committee for Trade et al., Committee, 8092 8081 Self-regulatory organizations; proposed rule changes: Pacific Stock Exchange, Inc., 8092–8094 Transportation Department Applications, hearings, determinations, etc.: See National Highway Traffic Safety Administration Eaton Vance Cash Management Fund, 8082–8083 See Surface Transportation Board Eaton Vance Equity-Income Trust, 8083 NOTICES Eaton Vance Investment Fund, Inc., 8083–8084 Agency information collection activities: Eaton Vance Investors Trust, 8084–8085 Proposed collection; comment request, 8096 Eaton Vance Liquid Asset Trust, 8085–8086 Aviation proceedings: Eaton Vance Securities Trust, 8086 Agreements filed; weekly receipts, 8096–8097 Eaton Vance Tax Free Reserves, 8086–8087 Certificates of public convenience and necessity and Eaton Vance Total Return Trust, 8087–8088 foreign air carrier permits; weekly applications, 8097 EV Marathon Gold & Natural Resources Fund, 8088 Public utility holding company filings, 8089–8092 Treasury Department See Customs Service Small Business Administration See Internal Revenue Service RULES Federal regulatory reform: United States Information Agency Business loan programs NOTICES Correction, 7985–7986 Art objects; importation for exhibition: Government contracting review Agayuliyararput (Our Way of Making Prayer): The Living Correction, 7986–7987 Tradition of Yup’ik Masks, 8107–8108 Small business investment companies Marc Chagall (1907–1917), 8108 Correction, 7985 Picasso and Potraiture: Representation and Small business size standards Transformation, 8108 Correction, 7986 Sacred Realm: The Emergence of the Synagogue in the Surety bond guarantee program Ancient World, 8108 Correction, 7985 NOTICES Disaster loan areas: Pennsylvania et al., 8094–8095 Separate Parts In This Issue License surrenders: North Riverside Capital Corp., 8095 Part II Department of Housing and Urban Development, 8110– Social Security Administration 8152 NOTICES Agency information collection activities: Part III Proposed collection; comment request, 8095–8096 Department of Health and Human Services, Food and Drug Administration, 8154–8156 State Department NOTICES Part IV Passport travel restrictions, U.S.: Department of Education, 8158–8172 Lebanon, 8096 Part V Surface Mining Reclamation and Enforcement Office Environmental Protection Agency, 8174–8183 NOTICES Environmental statements; availability, etc.: Part VI Bull Mountains Mines, MT, 8074 Environmental Protection Agency, 8186–8203 Permanent program and abandoned mine land reclamation plan submissions: Ohio, 8074–8075 Reader Aids Surface Transportation Board Additional information, including a list of public laws, NOTICES telephone numbers, reminders, and finding aids, appears in Railroad operation, acquisition, construction, etc.: the Reader Aids section at the end of this issue. Genesee & Wyoming, Inc., 8104–8105 Illinois & Midland Railroad, Inc., 8105 Illinois Central Corp. et al., 8105–8107 Electronic Bulletin Board Free Electronic Bulletin Board service for Public Law Textile Agreements Implementation Committee numbers, Federal Register finding aids, and a list of See Committee for the Implementation of Textile documents on public inspection is available on 202–275– Agreements 1538 or 275–0920. Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Contents VII

CFR PARTS AFFECTED IN THIS ISSUE

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

13 CFR 107...... 7985 115...... 07985 120...... 7985 121...... 7986 125...... 7986 Ch. III ...... 7979 19 CFR 10...... 7987 113...... 7987 Proposed Rules: 101...... 8001 21 CFR 73...... 7990 180...... 7990 Proposed Rules: 2...... 8002 26 CFR 1...... 7991 20...... 7991 25...... 7991 32 CFR Proposed Rules: 324...... 8003 34 CFR 345...... 8158 40 CFR 52 (2 documents) ...... 7992, 7995 300...... 7996 Proposed Rules: 52 (3 documents) ...... 8008, 8009 180...... 8174 300...... 8012 44 CFR 64...... 7997 47 CFR 73 (3 documents) ...... 7999, 8000 Proposed Rules: 73...... 8014 50 CFR Proposed Rules: 17 (3 documents) ...... 8014, 8016, 8018 23...... 8019 663...... 8021 675...... 8023 7979

Rules and Regulations Federal Register Vol. 61, No. 42

Friday, March 1, 1996

This section of the FEDERAL REGISTER unnecessary and to modify those in A commenter made suggestions for contains regulatory documents having general need of reform. clarifications and corrections of 13 CFR applicability and legal effect, most of which • On September 26, 1995, EDA 302.4(a); 302.13; 302.17 and 302.18. are keyed to and codified in the Code of published an interim-final rule on We concur with all of the above and Federal Regulations, which is published under simplification and streamlining its have made the recommended changes, 50 titles pursuant to 44 U.S.C. 1510. regulations (60 FR 49670–49703). In this with the exception of § 302.13 (c), since The Code of Federal Regulations is sold by interim-final rule EDA removed over we do not agree that the use of a the Superintendent of Documents. Prices of 60% of its then existing rules and pronoun to describe the Economic new books are listed in the first FEDERAL streamlined and clarified those which Development Center (EDC) is unclear. REGISTER issue of each week. remained. The public was invited to • Overall Economic Development submit comments on the interim-final Program (OEDP). rule for a period of sixty (60) days A commenter recommended that the DEPARTMENT OF COMMERCE ending November 27, 1995. section describing requirements for District OEDPs be modified to make it Economic Development Comments on the Interim-Final Rule clear that both conditions listed must be Administration EDA received comments from more satisfied. We concur and have changed 13 CFR 13 CFR Chapter III than twenty (20) persons, all of whom are or were EDA officials. 303.2(a) accordingly. • A commenter recommended that the [Docket No. 950525142±6028±02] OMB Control Numbers. A commenter noted that the OMB section describing Area OEDP RIN 0610±AA47 control numbers needed to be updated. committees be further streamlined and We concur and have made the clarified. Simplification and Streamlining of appropriate change to § 300.3. We concur and have revised 13 CFR Regulations of the Economic • 303.3(a)(1) accordingly. Notice of Funding Availability • Development Administration Selection Process. (NOFA). Commenters made suggestions AGENCY: Economic Development Commenters noted that the acronym concerning programs which are Administration (EDA), Commerce. ‘‘NOFA’’ was not explained in the reviewed, processed and approved in general information section of the ACTION: Final rule. EDA headquarters—National Technical interim-final rule and that for various Assistance and Research, to clarify SUMMARY: The Economic Development programs, references to general language about Solicitation of Proposals, Administration (EDA) has amended all information at § 300.4 should more and to accommodate proposals in excess of its regulations so that they are easy appropriately be to the NOFA. of two pages with allowances for more to read and use, and accurately reflect We concur and have changed 13 CFR in-depth project descriptions in program requirements, evaluation 300.4, 307.13(b), 307.18(b), 308.5(b), applications, if so requested by EDA. criteria and selection process in and 315.8(a) accordingly. We concur and have made the • implementing programs under the Area designation-American Indian suggested changes to 13 CFR 304.1 Public Works and Economic lands. (a)(1)(i) and (a)(3)(iii). Development Act of 1965, as amended, A commenter suggested that the Commenters recommended that for (PWEDA or the Act) the Trade Act of section on American Indian area those programs where Regional 1974, as amended (the Trade Act) and designation should be modified to Directors have been delegated the other statutes to be noted herein. This clarify what is required when non- authority to approve projects, changes streamlining effort includes the removal contiguous land is considered as one be made indicating that appropriate of numerous unnecessary, redundant area, noting that a relationship between Regional Office Project Review and outdated parts, sections and the land must be demonstrated. Committees (PRCs) shall have the portions thereof. We concur and have made the opportunity to review all proposals appropriate change to 13 CFR 301.4(d). EFFECTIVE DATE: This rule is effective on (wherever originally received); PRC • Area designation-per capita March 1, 1996. meetings will be regularly scheduled, employment decline. and proponents will be given timely FOR FURTHER INFORMATION CONTACT: A commenter suggested that the term written notice of the results of the PRC Awilda R. Marquez, (202) 482–4687; fax ‘‘out-migration’’ as used in conjunction meeting at which their proposal was number: (202) 482–5671. with per capita employment decline, as reviewed. SUPPLEMENTARY INFORMATION: a basis of area designation be changed We concur and have made the to ‘‘population loss’’ as a more apt and suggested changes to 13 CFR 304.1 Background readily available descriptive term. This (a)(2)(i), (a)(2)(ii), and (a)(2)(iii). • Pursuant to a directive from commenter also suggested that per Commenters recommended that a President Clinton to Federal agencies in capita employment decline be modified sentence be added to the section March of 1995 regarding their so that what is measured is the decline describing general evaluation criteria responsibilities under his Regulatory of the working age population. indicating that each annual FY NOFA Reform Initiative (as part of the National We do not concur because the could identify special areas of interest Performance Review), EDA undertook a regulation as currently written in 13 for that FY. comprehensive review of its rules to CFR 301.9 accurately reflects PWEDA. We concur and have changed 13 CFR remove those which were obsolete or • Economic Development Districts. 304.1(b) accordingly. 7980 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Rules and Regulations

• Proposal form. as duplicative of general federal After discussion within the agency, A commenter suggested that the requirements or be moved to 13 CFR we decided not to modify the interim- standard OMB proposal form number be part 316 for all programs. final rule at 13 CFR 316.4, but instead noted in the final rule. We do not concur because a to include applicable nonrelocation We concur and have changed 13 CFR consensus had been reached prior to requirements as part of RLF Plans and, 304.1(a)(1)(i) accordingly. publication of the interim-final rule that if need be, as special conditions of the • Award requirements. these conditions were needed in order grant. A commenter noted that for programs to provide a structure within which Subgrants: A commenter suggested under Titles I and IX of PWEDA, the EDA could exercise its judgment that for RLF grants involving subgrants, award period can be no longer than the concerning grant disbursements. processing be specifically set forth end of the fifth fiscal year after the Amendments and changes: A indicating those aspects to be reviewed award was made. commenter suggested that this and monitored by EDA and those to be We concur and have made the requirement under 13 CFR 305.13 handled by EDA’s RLF grantees on changes to 13 CFR 305.7(a) and 308.7(a) applies to all programs, not just to EDA’s behalf. accordingly. After discussions within the agency, it • public works under Title I, and should Public Works and Development therefore, be moved to 13 CFR part 316. was determined that the rule should Facilities Program. We concur and have redesignated this remain silent in this matter. Processing Public Works Impact Program (PWIP): requirement at 13 CFR 316.11. of subgrants will continue to be handled A commenter suggested that a statement Contract and subcontract clauses: A on a case by case basis to be covered in be added to the evaluation criteria at 13 commenter suggested that this grant award documents, including CFR 305.6 indicating that a major requirement under 13 CFR 305.15 special conditions by those Regional purpose is for speedy work. applies to all programs, not just to Offices handling such projects. We do not concur, because to do so • public works under Title I, and should Estimated useful life would be to repeat what is stated in therefore, be moved to 13 CFR part 316. determinations. PWEDA (42 U.S.C. 3131(a)(1)(D)). We concur and have moved this A commenter suggested that the Supplementary grant rates: A interim-final rule at 13 CFR part 314 be commenter recommended that the requirement to 13 CFR 316.12. • Local and National Technical changed to add a maximum estimated median family income category for useful life for projects, up to but not computation of supplementary grant Assistance. Eligible applicants: Commenters exceeding 20 years. rates at 13 CFR 305.8(b)(6) through We do not concur because of (b)(8) be replaced by per capita income, suggested that the interim-final rule incorrectly includes other applicants applicable case law concerning because it is virtually impossible to extinguishing the Federal interest in have such low median family income such as private individuals, partnerships, firms and corporations projects. ranges in today’s economy. • Evidence of Title to real property. (for-profits) as eligible grantees under We do not concur because the statute A commenter suggested that the the Local and National Technical requires the use of median family interim-final rule be modified at 13 CFR Assistance programs under 13 CFR part incomes. We have, however, updated 314.7 so that only recipients without the 307. median family income figures based power of eminent domain be required to upon the 1990 U.S. Census. We concur and have revised the submit evidence of title. Grants for construction cost increases: interim-final rule at 13 CFR 307.2(c) and We do not concur with this suggestion A commenter suggested redrafting and 307.12(c) to delete references to these because the title requirements apply to making 13 CFR 305.10 a part of 13 CFR other applicants. This change is made all grantees, regardless of their legal part 316, since change of scope applies consistent with our revised status. to other projects in addition to those interpretation of relevant provisions of • Trade Act. involving construction. PWEDA and the Federal Grant and A commenter recommended changes We do not concur because this section Cooperative Agreement Act. to the definitions of firm, Partial is intended to apply only to statutorily Other changes: Commenters suggested separation, and A significant number of authorized grants for construction cost other changes for clarity and proportion of workers to more increases under section 107 of PWEDA. consistency with other portions of the accurately reflect EDA’s current policies Any other change of scope matters not rule, at 13 CFR 307.13(b), 307.14(e), concerning such terms. specifically addressed in the rule are 307.16 and 307.18(b). We concur and have changed 315.2 covered under 13 CFR 316.10. We concur and have made these accordingly. New Subpart for Other Requirements: changes in the final rule. Research Other changes: A commenter A commenter suggested an additional topics and structure: Commenters recommended changes to four other Subpart C for part 305, because the suggested that for the National sections (selection process, certification subjects in §§ 305.11–305.15 more Technical Assistance Program, the requirements, processing petitions for appropriately should be included under evaluation criterion describing levels of certification, and hearings, appeals and a new Subpart C-Other Requirements. preferences for projects, based upon final determinations) of the Trade Act We concur and have made the geographic scope, be modified to portion of the rule, in order to clarify necessary changes to the rule by adding remove the levels of preferences. meanings. a Subpart C to part 305. We concur and have modified 13 CFR We concur and have made changes Disbursement of grant funds: A 307.20(c) accordingly. accordingly to 13 CFR 315.5(b)(2), commenter suggested that 13 CFR • Title IX—Economic Adjustment 315.9(a), 315.10 (b)(4) through (b)(6), 305.11 (a)(1), (a)(4) and (a)(6) be deleted Revolving Loan Fund (RLF). and 315.11(a). on the ground that they are burdensome Nonrelocation: A commenter • Environment. and go beyond uniform federal suggested that the interim-final rule be A commenter suggested that the requirements. The commenter also modified to include borrowers under Notice requirement under NEPA suggested that other portions of the the Title IX Economic Adjustment regulations be moved from EDA’s disbursement section either be deleted Revolving Loan (RLF) program. annual FY NOFA to EDA’s regulations, Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Rules and Regulations 7981 since this is a continuing requirement requirements under the Paperwork 13 CFR Part 315 that more appropriately should be Reduction Act of 1995 (44 U.S.C. 3501 codified along with other similar et seq.). Administrative practice and matters found in 13 CFR chapter III. procedure, Community development, We concur and have added this to 13 E.O. 12612 Grant programs—business, Grant CFR 316.1 (b)(1)(i) and (b)(1)(ii). This rule does not contain policies programs—housing and community A commenter noted an error in the with Federalism implications sufficient development, Technical assistance, citation to the Resource Conservation to warrant preparation of a Federalism Trade adjustment assistance. and Recovery Act of 1976. Assessment under Executive Order 13 CFR Part 316 We concur and have changed 13 CFR 12612. 316.1(b)(7) accordingly. Community development, • List of Subjects Excess capacity. Community facilities, Freedom of Commenters suggested that four of the 13 CFR Part 300 information, Grant programs—housing five definitions—‘‘capacity’’, ‘‘demand’’, Organization and functions and community development. ‘‘efficient capacity’’, and ‘‘existing (Government agencies), Reporting and competitive enterprise’’, be modified 13 CFR Part 317 recordkeeping requirements. slightly to enable applicants to more easily provide information to EDA from 13 CFR Part 301 Aged, Civil rights, Equal employment opportunity, Individuals with which the agency can make necessary Community development. excess capacity findings and disabilities, Reporting and determinations. 13 CFR Part 302 recordkeeping requirements, Sex discrimination. We concur and have modified 13 CFR Community development, Grant 316.3(b) accordingly. programs—business, Grant programs— Accordingly, the interim rule revising • Civil rights. housing and community development, 13 CFR Chapter III which was published Several commenters suggested Loan programs—business, Loan at 60 FR 49670 on September 26, 1995, changing the interim-final rule to give programs—housing and community is adopted as a final rule with the applicants for planning grants the development, Technical assistance. following changes: option of submitting employment data on the ED–612 or in a narrative format 13 CFR Part 303 PART 300ÐGENERAL INFORMATION traditionally used by such applicants/ Community development, Reporting grantees containing comparable and recordkeeping requirements. 1. The authority citation for part 300 information to that provided on the ED– continues to read as follows: 13 CFR Part 304 612. Authority: Sec. 701, Pub. L. 89–136; 79 We concur and have modified 13 CFR Community development. Stat. 570 (42 U.S.C. 3211); Department of 317.1 accordingly. 13 CFR Part 305 Commerce Organization Order 10–4, as A commenter suggested that we amended (40 FR 56702, as amended). Community development, consider including developers as ‘‘Other 2. Section 300.3 is amended by Community facilities, Grant programs— Parties’’ for purposes of submission of revising paragraph (b) to read as follows: civil rights employment data forms. housing and community development, After discussions within the agency, it Indians. § 300.3 OMB control numbers. was determined that there is no need to 13 CFR Part 307 * * * * * modify the interim final rule, and that (b) Control Number Table: any special situations involving Business and industry, Community development, Grant programs— developers could, if need be, be covered Current by grant award special conditions. business, Grant programs—housing and 13 CFR part or section where OMB con- community development, Indians, identified and described trol No. Savings Clause Research, Technical assistance. The rights, duties, and obligations of 303 ...... 0610±0093 13 CFR Part 308 all parties pursuant to parts, sections 305 ...... 0610±0094 and portions thereof of the Code of Business and industry, Community 0610±0092 Federal Regulations removed by this development, Community facilities, 308 ...... 0610±0092 rule shall continue in effect. Grant programs—business, Grant 312.5 ...... 0610±0094 programs—housing and community 315 ...... 0610±0091 Executive Order 12866 development, Indians, Manpower 316.4 ...... 0610±0082 This rule has been determined to be training programs, Mortgages, significant for purposes of E.O. 12866. Relocation assistance, Rent subsidies, 3. Section 300.4 is revised to read as Reporting and recordkeeping follows: Regulatory Flexibility Act requirements, Research, Technical Since notice and an opportunity for § 300.4 Economic Development assistance, Unemployment AdministrationÐWashington, D.C., comment are not required to be given compensation. Regional and Economic Development for the rule under 5 U.S.C. 553 or any Representatives. other law, under sections 603(a) and 13 CFR Part 312 604(a) of the Regulatory Flexibility Act Community development, Grant For addresses and phone numbers of (5 U.S.C. 601–612) no initial or final programs—housing and community the Economic Development Regulatory Flexibility Analysis is development. Administration in Washington, D.C., required, and none has been prepared. Regional and Field Offices and 13 CFR Part 314 Economic Development Paperwork Reduction Act Community development, Grant Representatives, refer to EDA’s annual This rule does not contain new programs—housing and community Fiscal Year (FY) Notice of Funding information collection or recordkeeping development. Availability (NOFA). 7982 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Rules and Regulations

PART 301ÐDESIGNATION OF AREAS centers not located in designated (a)(2)(iii), (a)(3)(iii), and (b) to read as redevelopment areas, shall not exceed follows: 1. The authority citation for part 301 50 percent of the project costs except for continues to read as follows: the ten percent bonus provided for in § 304.1 General selection process and evaluation process and evaluation criteria Authority: Sec. 701, Pub. L. 89–136; 79 § 302.18 and § 305.9 of this chapter. for programs under PWEDA. Stat. 570 (42 U.S.C. 3211); Department of 5. Section 302.18 is revised to read as Commerce Organization Order 10–4, as follows: * * * * * amended (40 FR 56702, as amended). (a) * * * § 302.18 Financial assistant (1) * * * 2. Section 301.4 is amended by redevelopment centers. (i) There will be a brief proposal on revising paragraph (d) to read as the OMB approved form, number 0610– follows: The eligibility of redevelopment centers for EDA financial assistance, 0094, consisting of the face sheet (SF– § 301.4 Designation on the basis of including the ten percent bonus as 424) and two additional pages, except American Indian lands. provided for herein, is the same as for for projects under part 307, subparts C * * * * * any designated redevelopment area and D, of this chapter for which (d) When the determination of within the district. The grant rate for the proponents may include more than two economic distress pertains to land areas redevelopment center shall be pages if necessary to provide adequate that are not contiguous, it must be determined by the rate applicable to the information to EDA upon which to shown that there is a clear economic redevelopment area within which it is make an informed determination connection justifying the inclusion of located. whether to invite a more comprehensive the noncontiguous land areas that will proposal and application, including for contribute to a more effective economic PART 303ÐOVERALL ECONOMIC example, budget, scope of work and development program for the area. DEVELOPMENT PROGRAM capability statements. * * * * * PART 302ÐECONOMIC 1. The authority citation for part 303 continues to read as follows: (2) * * * DEVELOPMENT DISTRICTS (ii) Such proposals, whether received Authority: Sec. 701, Pub. L. 89–136; 79 1. The authority citation for part 302 through contact with the appropriate Stat. 570 (42 U.S.C. 3211); Department of Economic Development Representative continues to read as follows: Commerce Organization Order 10–4, as amended (40 FR 56702, as amended). (EDR) or Regional Office of EDA, shall Authority: Sec. 701, Pub. L. 89–136; 79 have the opportunity to be formally Stat. 570 (42 U.S.C. 3211); Department of 2. Section 303.2 is amended by reviewed by the appropriate Regional Commerce Organization Order 10–4, as revising paragraph (a) to read as follows: amended (40 FR 56702, as amended). Office Project Review Committee § 303.2 Redevelopment areaÐDistrict (consisting of at least three EDA 2. Section 302.4 is amended by OEDPs. officials) (PRC). Generally, an EDR will revising paragraph (a) introductory text * * * * * evaluate proposals under paragraph (b) to read as follows: of this section before submitting them to (a) The area actively participates in the EDA Regional Office for such § 302.4 District organizations. and supports the district OEDP planning review. process; and (a) The district organization is a (iii) The results of these PRC meetings prerequisite to the awarding of a * * * * * shall be communicated to the planning grant and to the initial 3. Section 303.3 is amended by proponents in writing and in a timely designation of EDDs. The District shall redesignating paragraphs (a) manner, advising them that they are: be organized in one of the following introductory text and (a)(1) as being invited to submit a formal manners: paragraphs (a)(1) and (a)(2) respectively, application; having their application * * * * * and by revising the newly designated returned because of specified 3. Section 302.13 is amended by paragraph (a)(2) to read as follows: deficiencies (resubmissions will be redesignating the introductory text and § 303.3 Redevelopment area OEDP allowed when the deficiencies are paragraphs (a) through (d) as paragraph committee. cured) or being denied for specific (a) introductory text and paragraphs reasons. (a)(1) through (a)(4), revising newly (a) * * * (2) Redevelopment area OEDP * * * * * designated paragraph (a)(2), and (3) * * * designating the undesignated paragraph committees are required only in areas not located in EDDs. EDA recommends (iii) If the proposal is acceptable at the end of the section as paragraph (b) under paragraph (b) of this section, EDA to read as follows: OEDP committees in all areas whenever practicable. may invite proponents to submit § 302.13 Termination and suspension of * * * * * applications which must include a more economic development centers. detailed and comprehensive project (a) * * * PART 304ÐGENERAL SELECTION narrative. (2) The economic development center PROCESS AND EVALUATION * * * * * no longer meets the standards for CRITERIA (b) General evaluation criteria for designation, § 302.10; projects to be funded under parts 305, 1. The authority citation for part 304 307 and 308 of this chapter in addition * * * * * continues to read as follows: 4. Section 302.17 is revised to read as to criteria noted in such parts, are as follows: Authority: Sec. 701, Pub.L. 89–136; 79 follows: All proposals/applications will Stat. 570 (42 U.S.C. 3211); Department of be screened for conformance to statutory § 302.17 Grant rate for economic Commerce Organization Order 10–4, as and regulatory requirements, the development center projects. amended (40 FR 56702, as amended). relative severity of the economic The grant rate for projects under Title 2. Section 304.1 is amended by problem of the area, the quality of the I of the Act in EDCs, which are growth revising paragraphs (a)(1)(i), (a)(2)(ii), scope of work proposed to address the Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Rules and Regulations 7983 problem, the merits of the activity(ies) § 305.13 [Redesignated as § 316.11] 5. Section 307.16 is amended by for which funding is requested, and the 4. Section 305.13 is redesignated as revising the introductory text to read as ability of the prospective applicant to § 316.11. follows: carry out the proposed activity(ies) successfully. The NOFA may identify § 305.14 [Redesignated as § 305.13] § 307.16 Purpose and scope. special areas of interest for the fiscal 5. Section 305.14 is redesignated as The purposes of research and year of such NOFA. § 305.13. evaluation projects are as follows: § 305.15 [Redesignated as § 316.12] * * * * * PART 305ÐPUBLIC WORKS AND 6. Section 307.18 is amended by 6. Section 305.15 is redesignated as DEVELOPMENT FACILITIES revising paragraph (b) to read as follows: PROGRAM § 316.12. 7. Sections 305.11 through 305.13 are § 307.18 Selection process. 1. The authority citation for part 305 designated as subpart C and a subpart * * * * * continues to read as follows: heading is added to read as follows: (b) EDA may during the course of the Authority: Sec. 701, Pub. L. 89–136; 79 Subpart CÐOther Requirements year, identify specific research or Stat. 570 (42 U.S.C. 3211); Department of program evaluation projects it wishes to Commerce Organization Order 10–4, as amended (40 FR 56702, as amended). PART 307ÐLOCAL TECHNICAL have conducted. Organizations and ASSISTANCE, UNIVERSITY CENTER individuals interested in being invited 2. Section 305.7 is amended by TECHNICAL ASSISTANCE, NATIONAL to respond to SOAs to conduct such revising paragraph (a) to read as follows: TECHNICAL ASSISTANCE, RESEARCH studies should submit information on § 305.7 Award requirements. AND EVALUATION AND PLANNING their capabilities and experience. See the annual FY NOFA for the appropriate (a) Projects are expected to be 1. The authority citation for part 307 point of contact and address. completed in a timely manner continues to read as follows: 7. Section 307.20 is amended by consistent with the nature of the project. Authority: Sec. 701, Pub. L. 89–136; 79 revising paragraph (c) and removing Normally, the maximum period for any Stat. 570 (42 U.S.C. 3211); Department of paragraph (e) to read as follows: financial assistance that is provided Commerce Organization Order 10–4, as shall be not more than 5 years from the amended (40 FR 56702, as amended). § 307.20 Research topics and structure. end of the fiscal year of the award. 2. Section 307.2 is amended by * * * * * * * * * * revising paragraph (c) to read as follows: (c) EDA normally prefers research of 3. Section 305.8 is amended in broad geographical scope. § 307.2 Applicants. paragraph (b) by revising entries (6) * * * * * through (8) in the table to read as * * * * * follows: (c) Technical assistance grant funds PART 308ÐREQUIREMENTS FOR may not be awarded to private § 305.8 Supplementary grants. GRANTS UNDER THE TITLE IX individuals or for profit organizations. ECONOMIC ADJUSTMENT PROGRAM * * * * * 3. Section 307.12 is amended by (b) * * * revising paragraph (c) to read as follows: 1. The authority citation for part 308 continues to read as follows: Maxi- § 307.12 Applicants. mum Authority: Sec. 701, Pub. L. 89–136; 79 grant * * * * * Stat. 570 (42 U.S.C. 3211); Department of Projects rates (c) Technical assistance grant funds Commerce Organization Order 10–4, as (per- may not be awarded to private amended (40 FR 56702, as amended). cent) individuals or for profit organizations. 2. Section 308.5 is amended by 4. Section 307.13 is amended by revising paragraph (b) to read as follows: * * * * * revising paragraph (b) to read as follows: (6) Projects located in areas des- § 308.5 Selection process. ignated under Title IV of the Act § 307.13 Selection process. * * * * * in which the median family in- * * * * * come is $12,100 or below, or the (b) EDA may during the course of the (b) Applicants for funding of a average unemployment rate for year, identify specific economic Revolving Loan Fund (RLF) are the preceding 24 months is 12 development technical assistance generally required to submit a RLF Plan percent or higher ...... 80 in addition to the adjustment strategy (7) Projects located in areas des- activities it wishes to have conducted. Organizations and individuals for the area. Guidelines on RLFs are ignated under Title IV of the Act available from the Regional Offices. See in which the median family in- interested in being invited to respond to come is $13,900±$12,101, or the Solicitations of Applications (SOAs) to the annual FY NOFA for the appropriate average unemployment rate for conduct such studies should submit point of contact and address. the preceding 24 months is 10 information on their capabilities and 2. Section 308.7 is amended by percent to 11.9 percent ...... 70 experience. See the annual FY NOFA revising paragraph (a) to read as follows: (8) Projects located in areas des- for the appropriate point of contact and ignated under Title IV of the Act § 308.7 Award requirements. address. in which the median family in- (a) Projects are expected to be come is $15,700±$13,901, or the 4. Section 307.14 is amended by revising paragraph (e) to read as follows: completed in a timely manner average unemployment rate for consistent with the nature of the project. the preceding 24 months is 8 percent to 9.9 percent ...... 60 § 307.14 Evaluation criteria. Normally, the maximum period for any * * * * * financial assistance that is provided * * * * * (e) Demonstrates innovative shall be not more than 5 years from the approaches to stimulating economic end of the fiscal year of the award. * * * * * development in depressed areas. * * * * * 7984 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Rules and Regulations

PART 315ÐCERTIFICATION AND (b) * * * date of notice of denial under ADJUSTMENT ASSISTANCE FOR (2) Once firms are certified in § 315.10(g). The appeal shall state the FIRMS accordance with the procedures grounds on which the appeal is based, described in §§ 315.9 and 315.10, an including a concise statement of the 1. The heading for part 315 is revised adjustment proposal is usually prepared supporting facts and law. The decision to read as set forth above. with technical assistance from a party of EDA on the appeal shall be the final 2. The authority citation for part 315 independent of the firm, usually the determination within the Department of continues to read as follows: TAAC, and submitted to EDA; Authority: Sec. 701, Pub. L. 89–136; 79 Commerce. In the absence of an appeal Stat. 570 (42 U.S.C. 3211); Title II, Chapter * * * * * by the petitioner under this paragraph, 3 of the Trade Act of 1974, as amended, (19 5. Section 315.8 is amended by such final determination shall be U.S.C. 2341–2355); Department of Commerce revising paragraph (a) to read as follows: determined under § 315.10(g). Organization Order 10–4, as amended (40 FR * * * * * 56702, as amended). § 315.8 Purpose and scope. 3. Section 315.2 is amended by (a) Trade Adjustment Assistance PART 316ÐGENERAL revising the definitions of Firm, Partial Centers (TAACs) are available to assist REQUIREMENTS FOR FINANCIAL separation, and A significant number or firms in all fifty states, the District of ASSISTANCE proportion of workers to read as follows: Columbia and the Commonwealth of Puerto Rico in obtaining adjustment 1. The authority citation for part 316 § 315.2 Definitions. assistance. TAACs provide technical continues to read as follows: * * * * * assistance in accordance with this Authority: Sec. 701, Pub. L. 89–136; 79 Firm means an individual subpart either through their own staffs Stat. 570 (42 U.S.C. 3211); Title II, Chapter proprietorship, partnership, joint or by arrangements with outside 3 of the Trade Act of 1974, as amended, (42 venture, association, corporation consultants. Information concerning U.S.C. 2341–2355); Department of Commerce (including a development corporation), TAACs serving particular areas can be Organization Order 10–4, as amended (40 FR 56702, as amended). business trust, cooperative, trustee in obtained from EDA. See the annual FY bankruptcy or receiver under court NOFA for the appropriate point of 2. Section 316.1 is amended by decree and including fishing, contact and address. revising paragraphs (b)(1) and (b)(7) to agricultural entities and those which * * * * * read as follows: explore, drill or otherwise produce oil 6. Section 315.9 is amended by § 316.1 Environment. or natural gas. When a firm owns or revising paragraph (a) to read as follows: controls other firms as described below, * * * * * for purposes of receiving benefits under § 315.9 Certification requirements. (b) * * * this part, the firm and such other firms * * * * * (1) Requirements under the National may be considered a single firm when (a) A significant number or proportion Environmental Policy Act of 1969 they produce like or directly of workers in such firm have become (NEPA), Public Law 91–190, as competitive articles or are exerting totally or partially separated, or are amended, 42 U.S.C. 4321 et seq. as essential economic control over one or threatened to become totally or partially implemented under 40 CFR parts 1500 more production facilities. Such other separated. et seq. including the following: (i) The implementing regulations of firms include: * * * * * (1) Predecessor; NEPA require EDA to provide public 7. Section 315.10 is amended by notice of the availability of project (2) Successor; revising paragraphs (b)(4) through (b)(6) (3) Affiliate; or specific environmental documents such (4) Subsidiary. to read as follows: as environmental impact statements, * * * * * § 315.10 Processing petitions for environmental assessments, findings of Partial separation means either: certification. no significant impact, records of (1) A reduction in an employee’s work * * * * * decision etc., to the affected public as hours to 80 percent or less of the (b) * * * specified in 40 CFR 1506.6(b); and employee’s average weekly hours during (4) Data on its sales, production and (ii) Depending on the project location, the year of such reductions as compared employment for the two most recent environmental information concerning to the preceding year; or years; specific projects can be obtained from (2) A reduction in the employee’s (5) Copies of its audited financial the Environmental Officer in the weekly wage to 80 percent or less of his/ statements, or if not available, appropriate Washington, D.C. or her average weekly wage during the year unaudited financial statements and regional office listed in the NOFA; of such reduction as compared to the Federal income tax returns for the two * * * * * preceding year. most recent years; (7) Resource Conservation and * * * * * (6) Copies of unemployment Recovery Act of 1976, Public Law 94– A significant number or proportion of insurance reports for the two most 580 as amended, 42 U.S.C. 6901 et seq.; workers means 5 percent of the firm’s recent years. * * * * * work force or 50 workers, whichever is * * * * * 3. Section 316.3 is amended by less. An individual farmer is considered 8. Section 315.11 is amended by revising paragraph (b) to read as follows: a significant number or proportion of revising paragraph (a) to read as follows: workers. § 316.3 Excess capacity. * * * * * § 315.11 Hearings, appeals and final * * * * * 4. Section 315.5 is amended by determinations. (b) Definitions. For purposes of this revising paragraph (b)(2) to read as (a) Any petitioner may appeal to EDA section only: follows: from a denial of certification provided Capacity means the maximum that the appeal is received by EDA in amount of a product or service that can § 315.5 Selection process. writing by personal delivery or by be supplied to the market area over a * * * * * registered mail within 60 days from the sustained period by existing enterprises Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Rules and Regulations 7985 through the use of present facilities and SUMMARY: This document contains definitions applicable to regulations customary work schedules for the corrections to the final regulations that governing the Surety Bond Guarantee industry. were published Wednesday, January 31, program. Demand means the actual quantity of 1996, (61 FR 3177). The regulations Need for Correction a product or service that users are related to examination fees for SBA willing to purchase for use in the market examination of small business As published, the final regulations area served by the intended commercial investment companies. contain errors that may prove to be or industrial beneficiary. EFFECTIVE DATE: January 31, 1996. misleading and are in need of Efficient capacity means that part of FOR FURTHER INFORMATION CONTACT: clarification. capacity derived from the use of Leonard Fagan, Office of Investment, Correction of Publication contemporary structures, machinery and (202) 205–6510. equipment, designs and technologies. Accordingly, the publication on Existing competitive enterprise means SUPPLEMENTARY INFORMATION: January 31, 1996 of the final regulations an established operation which either Background that were the subject of FR Doc. 96– produces the same product or delivers 1347, is corrected as follows: the same service to all or a substantial The final regulations that are the part of the market area. subject of these corrections concern § 115.10 [Corrected] * * * * * policies applicable to examination fees On page 3271, in the third column, in 4. Section 316.13 is added to read as for licensees under the Small Business § 115.10, in the definition ‘‘Investment follows: Investment Company program. Act’’, the citation should be corrected to Need for Correction read ‘‘15 U.S.C. 661 et seq.’’. § 316.13 Preapproval construction. Dated: February 26, 1996. Project construction carried out before As published, the final regulations John T. Spotila, approval of an application by EDA is contain errors that may prove to be carried out at the sole risk of applicant. misleading and are in need of Acting Administrator. Such activity could result in rejection of clarification. [FR Doc. 96–4771 Filed 2–29–96; 8:45 am] such project application, the Correction of Publication BILLING CODE 8025±01±P disallowance of costs, or other adverse consequences as a result of non- Accordingly, the publication on compliance with Federal labor January 31, 1996 of the final regulations 13 CFR Part 120 that were the subject of FR Doc. 96– standards, or Federal environmental, Business Loan Programs; Correction historic preservation or related 1351, is corrected as follows: requirements. § 107.692 [Corrected] AGENCY: Small Business Administration. ACTION: Correction to final regulations. PART 317ÐCIVIL RIGHTS On page 3203, in the first column, in § 107.692, in the third column of the 1. The authority citation for part 317 rate table in paragraph (a), entitled SUMMARY: This document contains continues to read as follows: ‘‘Percent of assets’’, the last entry should corrections to the final regulations that were published Wednesday, January 31, Authority: Sec. 701, Pub. L. 89–136; 79 be corrected to read ‘‘$100,000,000’’ instead of ‘‘$50,000,000’’. 1996, (61 FR 3226). The regulations Stat. 570 (42 U.S.C. 3211); Department of related to eligible passive companies, Commerce Organization Order 10–4, as Dated: February 26, 1996. amended (40 FR 56702, as amended). interest rates on smaller loans, the John T. Spotila, Certified Lenders Program, and the 2. Section 317.1 is amended by Acting Administrator. Development Company Loan Program. revising paragraph (c)(2) to read as [FR Doc. 96–4774 Filed 2–29–96; 8:45 am] EFFECTIVE DATE: follows: March 1, 1996. BILLING CODE 8025±01±P FOR FURTHER INFORMATION CONTACT: John § 317.1 Civil rights. R. Cox, (202) 205–6490. * * * * * 13 CFR Part 115 SUPPLEMENTARY INFORMATION: (c) * * * (2) Employment data in such form Surety Bond Guarantees; Correction Background and manner as determined by EDA; The final regulations that are the AGENCY: Small Business Administration. * * * * * subject of these corrections concern Dated: February 26, 1996. ACTION: Correction to final regulations. policies applicable to SBA’s business Phillip A. Singerman, SUMMARY: This document contains (non-disaster) loan programs. Section Assistant Secretary for Economic corrections to the final regulations that 120.111 relates to all business loans, Development. were published Wednesday, January 31, § 120.215 relates to 7(a) business loans, [FR Doc. 96–4707 Filed 2–29–96; 8:45 am] 1996, (61 FR 3266). The regulations § 120.440 relates to special purpose BILLING CODE 3510±34±P related to definitions in provisions for loans, and § 120.839 relates to all surety bond guarantees. development company loans. EFFECTIVE DATE: March 1, 1996. Need for Correction SMALL BUSINESS ADMINISTRATION FOR FURTHER INFORMATION CONTACT: As published, the final regulations 13 CFR Part 107 Barbara Brannan, Office of Surety contain errors that may prove to be Guarantees, (202) 205–6540. misleading and are in need of Small Business Investment SUPPLEMENTARY INFORMATION: clarification. Companies; Correction Background Correction of Publication AGENCY: Small Business Administration. The final regulations that are the Accordingly, the publication on ACTION: Correction to final regulations. subject of these corrections concern January 31, 1996 of the final regulations 7986 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Rules and Regulations that were the subject of FR Doc. 96– standard industrial classification code the phrase ‘‘ ‘class’ waivers and 1432, is corrected as follows: in the table under § 121.201, and the ‘individual’ waivers respectively’’ is standard for qualifying as a small corrected to read ‘‘ ‘individual’ and § 120.111 [Corrected] business concern for a small business ‘class’ waivers respectively’’. 1. On page 3240, in the second set-aside or 8(a) contract to provide Dated: February 26, 1996. column, in § 120.111, paragraph (a)(4), manufactured products under § 121.406. the term ‘‘of the Operating Company’’ is John T. Spotila, corrected to read ‘‘and the Operating Need for Correction Acting Administrator. Company’’. As published, the final regulations [FR Doc. 96–4772 Filed 2–29–96; 8:45 am] 2. On page 3240, in the second and contain errors that may prove to be BILLING CODE 8025±01±P third columns, in § 120.111, paragraph misleading and are in need of (b), paragraph (b)(2) is removed and clarification. paragraphs (b)(3), (b)(4) and (b)(5) are 13 CFR Part 125 Correction of Publication redesignated as paragraphs (b)(2), (b)(3) and (b)(4). Accordingly, the publication on Government Contracting Assistance; January 31, 1996 of the final regulations Correction § 120.215 [Corrected] that were the subject of FR Doc. 96– AGENCY: Small Business Administration. 3. On page 3243, in the third column, 1348, is corrected as follows: in § 120.215, the term ‘‘variable rate’’ in ACTION: Correction to final regulations. the second sentence is removed. § 121.201 [Corrected] 1. On page 3289, in the third column, SUMMARY: This document contains § 120.440 [Corrected] under § 121.201, in the last sentence of corrections to the final regulations that 4. On page 3248, in the second the text preceding the table, the words were published Wednesday, January 31, column, in § 120.440, the phrase ‘‘an industry’’ are corrected to read ‘‘a 1996, (61 FR 3310). The regulations ‘‘attempts to respond within three days business’’. related to subcontracting assistance, of submission to SBA’’ is corrected to 2. On page 3289, in § 121.201, in the applications for a certificate of read ‘‘will provide expedited loan table ‘‘Size Standards by SIC Industry’’, competency, and SBA’s monitoring of processing or servicing’’. in Division A, the heading is corrected contractor performance. to read ‘‘Division A—Agriculture, EFFECTIVE DATE: March 1, 1996. § 120.839 [Corrected] Forestry and Fishing’’. FOR FURTHER INFORMATION CONTACT: John 5. On page 3260, in the second 3. On page 3291, in § 121.201, in the W. Klein, Chief Counsel for Special column, in § 120.839, paragraph (a)(2), table ‘‘Size Standards by SIC Industry’’, Programs, Office of General Counsel, in the last line after the semicolon, the in Division D, under the heading ‘‘SIC (202) 205–6645. word ‘‘and’’ is corrected to read ‘‘or’’. code and description’’, in the entry for SUPPLEMENTARY INFORMATION: Dated: February 26, 1996. 3731, in the 5th line, the phrase ‘‘Including Overhauls and Conversion’’ John T. Spotila, Background is corrected to read ‘‘Including Acting Administrator. Overhauls and Conversions’’. The final regulations that are the [FR Doc. 96–4773 Filed 2–29–96; 8:45 am] 4. On page 3291, in § 121.201, in the subject of these corrections concern BILLING CODE 8025±01±P table ‘‘Size Standards by SIC Industry’’, policies relating to subcontracting in Division E, the heading is corrected assistance in § 125.3(b), applications for to read ‘‘Division E—Transportation, a certificate of competency under 13 CFR Part 121 Communications, Electric, Gas, and § 125.5(d)(3), and SBA’s monitoring of contractor performance under Small Business Size Standards; Sanitary Services’’. 5. On page 3291, in § 121.201, in the § 125.5(o). Correction table ‘‘Size Standards by SIC Industry’’, Need for Correction AGENCY: Small Business Administration. in Division E, the entry ‘‘Major Group As published, the final regulations ACTION: Correction to final regulations. 41’’ is corrected to read ‘‘Major Group 41—Local and Suburban Transit and contain errors that may prove to be SUMMARY: This document contains Interurban Highway Passenger misleading and are in need of corrections to the final regulations that Transportation’’. clarification. were published Wednesday, January 31, 6. On page 3292, in § 121.201, in the Correction of Publication 1996, (61 FR 3280). The regulations table ‘‘Size Standards by SIC Industry’’, related to size standards by standard in Division G, the word ‘‘Except:’’ is Accordingly, the publication on industrial classification code and added above the entry for 5271. January 31, 1996 of the final regulations qualifications for a small business set- 7. On page 3292, in § 121.201, in the that were the subject of FR Doc. 96– aside or 8(a) contract to provide table ‘‘Size Standards by SIC Industry’’, 1157, is corrected as follows: manufactured products. in Division H, in the entry for 6021– § 125.3 [Corrected] EFFECTIVE DATE: March 1, 1996. 6082, the description is corrected to read ‘‘National and Commercial Banks, 1. On page 3313, in the first column, FOR FURTHER INFORMATION CONTACT: John in § 125.3, in paragraph (b), the first W. Klein, Chief Counsel for Special Savings Institutions and Credit Unions’’. 8. On page 3293, in § 121.201, in the sentence is corrected by adding after the Programs, Office of General Counsel, table ‘‘Size Standards by SIC Industry’’, words ‘‘subcontract offeror’’ the words (202) 205–6645. in Division I, in the entry for 7218, the ‘‘on a subcontract for which a small SUPPLEMENTARY INFORMATION: second column is corrected to read business, small disadvantaged business, ‘‘$10.5’’. and/or women-owned small business Background received preference’’ and by adding The final regulations that are the § 121.406 [Corrected] after the words ‘‘apparent successful subject of these corrections concern 9. On page 3296, in the second offeror’’ the words ‘‘and if the successful policies relating to size standards by column, in § 121.406, paragraph (b)(4), offeror was a small business, small Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Rules and Regulations 7987 disadvantaged business, or small certain substantial containers and Since duty under the proposal would women-owned business’’. holders, the Secretary of the Treasury is be due on all shipping devices acquired authorized to permit the admission of within the period covered by the § 125.5 [Corrected] such devices without entry and to periodic report which the applicant 2. On page 3314, in the second permit any duties thereon to be paid would undertake to file, even though column, in § 125.5, in paragraph (d)(3), cumulatively from time to time either the devices might not have yet been the second sentence is removed. before or after their importation when used in transborder traffic, accounting 3. On page 3315, in the third column, conditions exist which permit adequate for specific movements of the devices or in § 125.5, in paragraph (o), the word Customs controls to be maintained. for diversions to domestic traffic would ‘‘may’’ is corrected to read ‘‘will’’. In this connection, Customs received be superfluous. Dated: February 26, 1996. a petition from, and met with Eight comments, including one from John T. Spotila, representatives of, the American the AAMA, were received in response to the notice of proposed rulemaking, six Acting Administrator. Automobile Manufacturers Association supporting the proposal, with one [FR Doc. 96–4775 Filed 2–29–96; 8:45 am] (AAMA) concerning an amendment to § 10.41b, Customs Regulations (19 CFR posing a number of questions regarding BILLING CODE 8025±01±P 10.41b), intended to ease the burden of the bond conditions applicable under serially numbering and marking certain the proposed program. Another containers or holders arriving from comment advocated that the proposal be DEPARTMENT OF THE TREASURY Canada or Mexico, as otherwise expanded to allow substantial holders or outer containers formally designated Customs Service generally required thereunder. After reviewing the AAMA proposal, as ‘‘instruments of international traffic’’ to be temporarily diverted, from time to 19 CFR Parts 10 and 113 Customs concluded that the requirements to serially number and time, to domestic traffic without an [T.D. 96±20] mark the substantial holders and entry being required therefore. Customs finds that this latter comment would RIN 1515±AB51 containers in question could be eased under the circumstances without risking have to be the subject of a separate Treatment of Reusable Shipping a loss of control or revenue. publication, inasmuch as it clearly falls outside the scope of the published Devices Arriving From Canada or Accordingly, by a document Mexico notice. published in the Federal Register on A discussion of the specific issues November 1, 1994 (59 FR 54537), AGENCY: Customs Service, Department that were raised with respect to the Customs proposed to amend § 10.41b, to of the Treasury. proposed program itself, together with allow certain foreign-made shipping ACTION: Final rule. Customs response thereto, is set forth devices arriving from Canada or Mexico below. SUMMARY: This document amends the to be released without entry and Discussion of Comments Customs Regulations to allow certain payment of applicable duty, and foreign- or U.S.-manufactured shipping without the devices being serially Comment: The AAMA in its comment devices arriving from Canada or Mexico numbered or marked, following the wanted the proposed regulation to be released, under specified submission and approval of an clarified to state explicitly that an conditions, without entry and payment application by the importer or his agent approval by one Customs office of an of duty at the time of arrival and in this regard. importer’s application for tracking and without the devices being serially Such application had to, among other reporting on its shipping devices would numbered or marked, if they are always things, describe the subject shipping constitute an approval binding on all transported on or within either devices, identify the ports where they Customs offices nationwide. Also, it was intermodal and similar containers would arrive and depart the U.S., and recommended that the proposed which are themselves vehicles or set forth the program for accounting for regulation be revised to reflect the vehicle appurtenances and accessories. and reporting the shipping devices to Customs Reorganization Plan, which As millions of these devices are used Customs. If the application were eliminated regional and district offices. annually in hundreds of millions of approved, the importer or agent would Response: An approval by the transportation moves between the submit to Customs a periodic report for Customs office with which the subject United States and Canada or Mexico, the shipping devices, which could not application is filed would indeed be Customs has determined that requiring be less frequent than annual, using his binding on all Customs offices the importing and exporting own accounting and recordkeeping nationwide. Section 10.41b(b)(4) is communities to individually mark and procedures to keep track of the devices. changed by adding an express provision track these devices places a burden on Records supporting the periodic reports to this effect, and by deleting the commerce that may be alleviated. of the shipping devices would have to provision therefrom indicating that be retained for at least 3 years from the approval would be limited to those EFFECTIVE DATE: April 1, 1996. date the reports were filed with Customs offices listed in the FOR FURTHER INFORMATION CONTACT: Customs. Any duty applicable to the application. Likewise, § 10.41b(b)(2)(ii) Louis Hryniw, Regulatory Audit, (202– devices would have to be tendered is changed to make clear that only the 927–1100). cumulatively at the time specified in the intended ports where it is anticipated SUPPLEMENTARY INFORMATION: approved application. Such tender the devices will be arriving and could not occur more than 90 days departing the U.S. need be listed in the Background following the end of the related application. The applicant should of Pursuant to Chapter 98, Subchapter reporting period. course endeavor to fully anticipate and III, U.S. Note 3, Harmonized Tariff In the event the application were to be list in the application all ports to be Schedule of the United States (HTSUS) denied by Customs at the initial stage, involved in the program. (19 U.S.C. 1202), in order to facilitate a right of appeal was also provided in Also, § 10.41b(b) is changed to reflect the prompt clearance at ports of entry of the proposal. the Customs Reorganization Plan, by 7988 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Rules and Regulations providing that the application would be Specifically, if the conditions of the However, Customs finds significant filed with a port director, instead of bond were violated, the port director merit in the commenter’s request, and with a district director; and by could issue a claim for liquidated will proceed to expeditiously review the providing that a right of appeal would damages in an amount equal to the prospect of further extending the lie with the Assistant Commissioner, domestic value of the container. program. Office of Field Operations, rather than Likewise, the setting of the bond limit with a regional commissioner, should will follow the existing guidelines Conclusion the application be denied. previously issued pursuant to §§ 113.12 In view of the foregoing, and Comment: The AAMA also observed and 113.13, Customs Regulations (19 following careful consideration of the that § 113.66 of the Customs Regulations CFR 113.12, 113.13); for activity code 3a comments received and further review (19 CFR 113.66) cited in proposed bonds (applicable to substantial holders of the matter, Customs has concluded § 10.41b(b)(3) regarding the bond or outer containers under § 10.41b), this that the proposed amendment with the requirements for the importer’s means that bond liability would be fixed modifications discussed above should recordkeeping and reporting program at $10,000 or such larger amount as be adopted. did not itself make corresponding deemed necessary to accomplish the provision for these requirements; purpose for which the bond is given. In addition, in order to apprise the accordingly, the AAMA recommended By the same token, a surety’s access Customs inspector that the shipping that § 113.66 be appropriately amended to an importer’s business records devices in question have been relieved to reiterate the basic requirements set relating to the reports of its shipping from having to be serially numbered or forth for the program in proposed devices would be dependent, once marked as otherwise mandated under § 10.41b(b), to which the underlying again, on Customs existing practices in § 10.41b, the introductory text of bond would relate. this general area, and, in particular, on § 10.41b(b) is revised to require that a Furthermore, a surety association the Freedom of Information Act, as notation appear on the manifest for the posed a number of questions about the amended (5 U.S.C. 552), and the Trade transporting vehicle or vessel to the bond requirements occasioned under Secrets Act, as amended (18 U.S.C. effect that such shipping devices have the proposed amendment, viewing the 1905). been exempted from serial numbering or proposal as appearing not to provide The record retention period under 19 marking requirements pursuant to an sufficient information in this matter. In U.S.C. 1508(c) is tied to the date of application approved under 19 CFR particular, this commenter wanted the entry. The shipping devices in question, 10.41b(b). Also, Customs has intended coverage under the bond however, will not be subject to entry as determined to amend § 10.41b(b)(2)(vi) clarified, together with the basis both for such, and Customs is satisfied that a in order to emphasize that the location assessing liquidated damages under the record retention requirement of 3 years of the supporting records in the U.S., bond, and for setting the limit of the from the date the importer’s reports of which is required to be identified in the bond. the shipping devices are filed with importer’s application, must be so Additionally, this commenter Customs would be sufficient under the identified therein by specific name and compared the 3-year record retention circumstances. address; and § 10.41b(b)(6) is changed to requirement of the proposal to 19 U.S.C. Comment: One commenter observed provide that if an approved application 1508(c) which enabled Customs to that the rule should be expanded to should later be revoked by the port require the retention of records relating apply equally to similar shipping director, the procedures described in to import transactions for up to 5 years, devices of U.S. manufacture, inasmuch § 10.41b(b)(5) will apply. Furthermore, and asked in this context which time as they should not be placed in a less at the end of the introductory text of frame would be applicable. This favorable competitive position than the § 10.41b(b), a provision is added that commenter further wanted to know foreign articles. pallets and other solid wood shipping whether the importer’s accounting or Response: Customs agrees. Section devices must be accompanied by an auditing records, which would be relied 10.41b(b) is amended accordingly. importer document, to the extent that upon by Customs to establish Comment: Two commenters asked this is required by the Animal and Plant compliance with the proposed program, that the program not be limited to Health Inspection Service, Department would be available to the surety as well. reusable shipping devices arriving only of Agriculture, regarding plant pest risk. Response: Section 113.66 has been from Canada or Mexico. It was stated revised to replicate the importer’s basic that Part I, Article I, of the GATT Regulatory Flexibility Act and recordkeeping and reporting obligations (General Agreement on Tariffs and Executive Order 12866 concerning the subject shipping devices, Trade) mandated uniform treatment for which would be covered by the bond, as like products originating from all For the reasons set forth in the already amply evidenced in the contracting parties. preamble, pursuant to the provisions of proposed amendment of § 10.41b. Response: Customs has concluded the Regulatory Flexibility Act (5 U.S.C. Customs believes that the proposed rule that a rational basis exists for limiting 601 et seq.), it is certified that the in this regard adequately framed the the amendment, at least initially, to amendments will not have a significant subject matter thereof for effective reusable shipping containers and economic impact on a substantial evaluation and comment. To this end, holders arriving from Canada or Mexico, number of small entities. Accordingly, it § 113.66 is revised by redesignating inasmuch as these countries are is not subject to the regulatory analysis paragraph (c) as paragraph (d), and by contiguous to the U.S., and it is believed requirements of 5 U.S.C. 603 and 604. making corresponding provision for the that the amendment as thus Nor do the amendments result in a bond requirements in a new paragraph circumscribed can be safely ‘‘significant regulatory action’’ under (c). implemented without risking a loss of E.O. 12866. In this latter respect, liquidated revenue or a loss of effective Customs Drafting Information: The principal author damages under the bond would be control with respect to the shipping of this document was Russell Berger, determined in the manner provided in devices concerned. Customs thus does Regulations Branch, U.S. Customs Service. § 10.41b(b)(3) and in newly redesignated not perceive this limitation on the rule However, personnel from other offices § 113.66(d) (formerly § 113.66(c)). as violative of the GATT. participated in its development. Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Rules and Regulations 7989

List of Subjects shipping devices transported herein, (v) Describe the type of inventory which are not serially numbered or control and recordkeeping, including 19 CFR Part 10 marked, have been exempted from such the specific records, to be maintained to Alterations, Bonds, Customs duties requirement pursuant to an application support the reports of the shipping and inspection, Exports, Imports, approved under 19 CFR 10.41b(b).’’ devices; and Preference programs, Repairs, Reporting Also, pallets and other solid wood (vi) Provide the location in the United and recordkeeping requirements, Trade shipping devices must be accompanied States, including the name and address, agreements. by an importer document, to the extent where the records supporting the reports will be retained by law and will 19 CFR Part 113 that this is required by the U.S. Department of Agriculture, Animal and be made available for inspection and Air carriers, Customs duties and Plant Health Inspection Service, audit upon reasonable notice. (The inspection, Exports, Freight, Imports, attesting to the admissibility of such records supporting the reports of the Surety bonds, Vessels. devices as regards plant pest risk, as shipping devices must be kept for a Amendments to the Regulations provided for in 7 CFR 319.40–3. period of at least 3 years from the date (1) An importer or his agent, such reports are filed with the port Parts 10 and 113, Customs regardless of whether the importer is the director.) Regulations (19 CFR parts 10 and 113), owner of the foreign- or U.S.- (3) The application shall be filed are amended as set forth below. manufactured shipping devices, may along with a continuous bond containing the conditions set forth in PART 10ÐARTICLES CONDITIONALLY apply to a port director of Customs at § 113.66(c) of this chapter. If the FREE, SUBJECT TO A REDUCED one of the importer’s chiefly utilized Customs ports or the port within which application is approved by the port RATE, ETC. the importer’s or agent’s recordkeeping director and the conditions set forth in 1. The general authority citation for center is located for permission to have the application or of the bond are part 10 continues to read as follows, and such shipping devices arriving from violated, the port director may issue a the specific sectional authority for part Canada or Mexico released without claim for liquidated damages equal to 10 is amended by adding specific entry and payment of duty at the time the domestic value of the container. If sectional authority for § 10.41b, in of arrival and without the devices being the domestic value exceeds the amount appropriate numerical order thereunder, serially 13 numbered or marked. of the bond, the claim for liquidated to read as follows: Application may be filed in only one damages will be equal to the amount of port. Although no particular format is the bond. Authority: 19 U.S.C. 66, 1202 (General (4) The port director receiving the Note 20, Harmonized Tariff Schedule of the specified for the application, it must United States (HTSUS)), 1321, 1481, 1484, contain the information enumerated in application shall evaluate the program 1498, 1508, 1623, 1624; paragraph (b)(2) of this section. Any proposed to account for, report and * * * * * duty which may be due on these maintain records of the shipping Section 10.41b also issued under 19 U.S.C. shipping devices shall be tendered and devices. The port director may suggest 1202 (Chapter 98, Subchapter III, U.S. Note paid cumulatively at the time specified amendments to the applicant’s proposal. 3, Harmonized Tariff Schedule of the U.S. in an approved application, which may The port director shall notify the (HTSUS)); be either before or after the arrival of the applicant in writing of his decision on * * * * * shipping devices in the U.S. (such as, at the 15 application within 90 days of its 2. Section 10.41b is amended by the time a contract, purchase order or receipt, unless this period is extended redesignating paragraphs (b), (c), (d), (e), lease agreement is issued). for good cause and the applicant is so (f), (g) and (h) as (c), (d), (e), (f), (g), (h) (2) The application shall: informed in writing. Approval of the and (i), respectively, and by adding a (i) Describe the types of shipping application by the port director with new paragraph (b) to read as follows: devices covered, their classification whom it is filed shall be binding on all under the Harmonized Tariff Schedule Customs ports nationwide. § 10.41b Clearance of serially numbered of the U.S. (HTSUS), their countries of (5) If the decision is to deny the substantial holders or outer containers. origin, and whether and to whom application, in whole or in part, the port * * * * * required duty was paid for them or director shall specify the reason for the (b) Subject to the approval of a port when it will be paid for them, including denial in a written reply, and inform the director pursuant to the procedures duties for repair and modifications to applicant that such denial may be described in this paragraph, certain such shipping devices while outside the appealed to the Assistant foreign- or U.S.-made shipping devices U.S.; Commissioner, Office of Field arriving from Canada or Mexico, 12 (ii) Identify the intended ports where Operations, Customs Headquarters, including racks, holders, pallets, totes, it is anticipated the shipping devices within 21 days of its date. The Assistant boxes and cans, need not be serially will be arriving and departing the U.S., Commissioner’s decision shall be numbered or marked if they are always as well as the particular movements and issued, in writing, within 30 days of the transported on or within either conveyances in which they are intended receipt of the appeal, and shall intermodal and similar containers or to be utilized; constitute the final Customs containers which are themselves (iii) Describe the applicant’s proposed determination concerning the vehicles or vehicle appurtenances and program for accounting for and application. accessories such as twenty and forty reporting these shipping devices; (6) If the application is approved, an foot containers of general use and (iv) Identify the reporting period importer may later apply to amend his ‘‘igloo’’ air freight containers. The (which shall in no event be less frequent application to add or delete particular following or similar notation shall than annual), as well as the payment types of shipping devices listed in the appear on the vehicle or vessel manifest period within which applicable duty application in which the procedures set in relation to such shipping devices and fees must be tendered 14 (which forth in the application may be utilized. which are exempt from serial shall in no event exceed 90 days If a requested amendment to an numbering or marking requirements following the close of the related approved application should be denied, pursuant to this paragraph: ‘‘The reporting period); or if an approved application should be 7990 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Rules and Regulations revoked, in whole or in part, by the port DEPARTMENT OF HEALTH AND redelegated to the Director, Center for director, the procedures described in HUMAN SERVICES Food Safety and Applied Nutrition, paragraph (b)(5) of this section shall notice is given that no objections or apply. Food and Drug Administration requests for a hearing were filed in (7) Application for and approval of a response to the October 10, 1995, final 21 CFR Part 73 rule. Accordingly, the amendments reporting program shall not limit or promulgated thereby became effective restrict the use of other alternative 16 [Docket No. 95C±0091] November 13, 1995. means for obtaining the release of Listing of Color Additives Exempt Dated: February 12, 1996. holders, containers and shipping From Certification; Fruit Juice Color Fred R. Shank, devices. Additive and Vegetable Juice Color * * * * * Additive; Confirmation of Effective Director, Center for Food Safety and Applied Nutrition. Date PART 113ÐCUSTOMS BONDS [FR Doc. 96–4717 Filed 2–29–96; 8:45 am] AGENCY: Food and Drug Administration, BILLING CODE 4160±01±F 1. The general authority citation for HHS. part 113 continues to read as follows: ACTION: Final rule; confirmation of 21 CFR Part 180 Authority: 19 U.S.C. 66, 1623, 1624. effective date. [Docket No. 94F±0152] * * * * * SUMMARY: The Food and Drug 2. Section 113.66 is amended by Administration (FDA) is confirming the Food Additives Permitted in Food on redesignating paragraph (c) as (d) and by effective date of November 13, 1995, of an Interim Basis or in Contact With adding a new paragraph (c) to read as the final rule published in the Federal Food Pending Additional Study; follows: Register of October 10, 1995 (60 FR Mannitol 52628), that amended the color additive § 113.66 Control of containers and regulations to provide for the safe use in AGENCY: Food and Drug Administration, instruments of international traffic bond food of dried fruit juice color additive, HHS. conditions. dried vegetable juice color additive, and ACTION: Final rule. * * * * * vegetable juice color additive prepared SUMMARY: (c) Agreement to comply with by water infusion of the dried vegetable. The Food and Drug Administration (FDA) is amending the application approved under 19 CFR DATES: Effective date confirmed: food additive regulations to permit the 10.41b(b). If the principal establishes a November 13, 1995. manufacture of mannitol by program for the cross-border movements FOR FURTHER INFORMATION CONTACT: fermentation of sugars or sugar alcohols Aydin O¨ rstan, Center for Food Safety of shipping devices based upon an such as glucose, sucrose, fructose, or and Applied Nutrition (HFS–217), Food application approved as provided in sorbitol by the action of the yeast and Drug Administration, 200 C St. SW., § 10.41b(b) of this chapter (19 CFR Zygosaccharomyces rouxii. This action Washington, DC 20204, 202–418–3076. 10.41b(b)), the principal agrees: is in response to a petition filed by (1) To timely file complete and SUPPLEMENTARY INFORMATION: In the Roquette America, Inc. Federal Register of October 10, 1995 (60 accurate reports on the shipping DATES: Effective March 1, 1996; written FR 52628), FDA amended the color devices, and to pay any applicable duty objections and requests for a hearing by additive regulations in § 73.250 Fruit due on the devices and repairs made to April 1, 1996. juice (21 CFR 73.250) to provide for the such devices, as provided in the safe use of dried fruit juice color ADDRESSES: Submit written objections to approved application; additive and in § 73.260 Vegetable juice the Dockets Management Branch (HFA– (2) To retain complete and accurate (21 CFR 73.260) to provide for the safe 305), Food and Drug Administration, records regarding the shipping devices, use of dried vegetable juice color 12420 Parklawn Dr., rm. 1–23, and to make such records available to additive and vegetable juice color Rockville, MD 20857. Customs for inspection and audit upon additive prepared by water infusion of FOR FURTHER INFORMATION CONTACT: reasonable notice, as also required in the dried vegetable. Rosalie M. Angeles, Center for Food the approved application; and FDA gave interested persons until Safety and Applied Nutrition (HFS– 207), Food and Drug Administration, (3) To otherwise comply with every November 9, 1995, to file objections or 200 C St. SW., Washington, DC 20204, other condition of the approved requests for a hearing. The agency 202–418–3107. application. received no objections or requests for a hearing on the final rule. Therefore, SUPPLEMENTARY INFORMATION: In a notice Approved: January 31, 1996. FDA finds that the final rule published published in the Federal Register of George J. Weise, in the Federal Register of October 10, December 13, 1994 (59 FR 64207), FDA Commissioner of Customs. 1995, should be confirmed. announced that a food additive petition (FAP 4A4412) had been filed by Dennis M. O’Connell, List of Subjects in 21 CFR Part 73 Roquette America, Inc., c/o Keller and Acting Deputy Assistant Secretary of the Color additives, Cosmetics, Drugs, Heckman, 1001 G St. NW., Washington, Treasury. Medical devices. DC 20001. The petition proposed to [FR Doc. 96–4797 Filed 2–29–96; 8:45 am] Therefore, under the Federal Food, amend the food additive regulations in BILLING CODE 4820±02±P Drug, and Cosmetic Act (secs. 201, 401, § 180.25 Mannitol (21 CFR 180.25) to 402, 403, 409, 501, 502, 505, 601, 602, permit the manufacture of mannitol by 701, 721 (21 U.S.C. 321, 341, 342, 343, fermentation of sugars or sugar alcohols 348, 351, 352, 355, 361, 362, 371, 379e)) such as glucose, sucrose, fructose, or and under authority delegated to the sorbitol by the action of the yeast Z. Commissioner of Food and Drugs and rouxii. Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Rules and Regulations 7991

As discussed in the notice of filing (59 The agency has carefully considered Applied Nutrition, 21 CFR part 180 is FR 64207), in 1973 the agency proposed the potential environmental effects of amended as follows: to affirm mannitol as generally this action. FDA has concluded that the recognized as safe (GRAS) based on the action will not have a significant impact PART 180ÐFOOD ADDITIVES findings by the Select Committee on on the human environment, and that an PERMITTED IN FOOD ON AN INTERIM GRAS Substances from the Life Sciences environmental impact statement is not BASIS OR IN CONTACT WITH FOOD Research Office of the Federation of required. The agency’s finding of no PENDING ADDITIONAL STUDY American Societies for Experimental significant impact and the evidence 1. The authority citation for 21 CFR Biology (38 FR 20046, July 26, 1973). In supporting that finding, contained in an part 180 continues to read as follows: response to the proposal, the agency environmental assessment, may be seen received comments, including in the Dockets Management Branch Authority: Secs. 201, 402, 403, 409, 701 of information raising questions about the (address above) between 9 a.m. and 4 the Federal Food, Drug, and Cosmetic Act (21 safety of mannitol. Therefore, the U.S.C. 321, 342, 343, 348, 371); sec. 301 of p.m., Monday through Friday. the Public Health Service Act (42 U.S.C. 241). agency did not affirm the GRAS status Any person who will be adversely of mannitol but instead established an affected by this regulation may at any 2. Section 180.25 is amended by interim food additive regulation for time on or before April 1, 1996, file with revising paragraph (a) to read as follows: mannitol, pending additional study of the Dockets Management Branch § 180.25 Mannitol. the ingredient (39 FR 34178, September (address above) written objections (a) Mannitol is the chemical 23, 1974). At the time the interim thereto. Each objection shall be 1,2,3,4,5,6,-hexanehexol (C6H14O6) a regulation was established, the agency separately numbered, and each hexahydric alcohol, differing from concluded that there would be no numbered objection shall specify with sorbitol principally by having a different increased risk to the public health to particularity the provisions of the optical rotation. Mannitol is produced continue existing uses and levels of use regulation to which objection is made by one of the following processes: of mannitol while additional studies and the grounds for the objection. Each were carried out. (1) The electrolytic reduction or numbered objection on which a hearing transition metal catalytic hydrogenation The interim regulation on mannitol is requested shall specifically so state. specifies manufacturing procedures that of sugar solutions containing glucose or Failure to request a hearing for any fructose. do not include the fermentation process particular objection shall constitute a for manufacturing mannitol proposed in (2) The fermentation of sugars or waiver of the right to a hearing on that sugar alcohols such as glucose, sucrose, the petition. The petitioner provided objection. Each numbered objection for evidence that mannitol produced using fructose, or sorbitol using the yeast which a hearing is requested shall Zygosaccharomyces rouxii. the proposed process is equivalent to include a detailed description and mannitol produced as described in analysis of the specific factual * * * * * § 180.25. The petition, however, information intended to be presented in Dated: February 14, 1996. proposed no change in the allowed uses support of the objection in the event Fred R. Shank, of mannitol. The agency concludes from that a hearing is held. Failure to include Director, Center for Food Safety and Applied its review that no change in consumer such a description and analysis for any Nutrition. exposure to mannitol will result from particular objection shall constitute a [FR Doc. 96–4716 Filed 2–29–96; 8:45 am] the promulgation of an amendment to waiver of the right to a hearing on the BILLING CODE 4160±01±F § 180.25 as proposed in the petition objection. Three copies of all documents (Ref. 1). shall be submitted and shall be FDA has evaluated the data in the identified with the docket number petition and other relevant material. DEPARTMENT OF THE TREASURY found in brackets in the heading of this Based upon its review, the agency document. Any objections received in concludes that the use of the proposed Internal Revenue Service response to the regulation may be seen manufacturing method for mannitol by 26 CFR Parts 1, 20, and 25 fermentation of sugars or sugar alcohols in the Dockets Management Branch such as glucose, sucrose, fructose, or between 9 a.m. and 4 p.m., Monday [TD 8630] through Friday. sorbitol by the action of the yeast Z. RIN 1545±AR56 rouxii is appropriate and that mannitol Reference produced by this process is equivalent The following reference has been Actuarial Tables Exceptions; to mannitol produced as described in placed on display in the Dockets Correction current § 180.25. Therefore, FDA Management Branch (address above) concludes that § 180.25 should be AGENCY: Internal Revenue Service (IRS), and may be seen by interested persons amended as set forth below. Treasury. In accordance with § 171.1(h) (21 CFR between 9 a.m. and 4 p.m., Monday ACTION: Correction to final regulations. 171.1(h)), the petition and the through Friday. 1. Memorandum from S. E. Carberry, documents that FDA considered and SUMMARY: This document contains a Chemistry Review Branch, Center for Food correction to final regulations [TD 8630] relied upon in reaching its decision to Safety and Applied Nutrition (CFSAN) to R. approve the petition are available for which were published in the Federal M. Angeles, Novel Ingredients Branch, Register for Wednesday, December 13, inspection at the Center for Food Safety CFSAN, May 23, 1994. and Applied Nutrition by appointment 1995 (60 FR 63913). The final with the information contact person List of Subjects in 21 CFR Part 180 regulations relate to income, estate, and listed above. As provided in 21 CFR Food additives. gift tax regulations regarding exceptions 171.1(h), the agency will delete from the Therefore, under the Federal Food, to the use of valuation tables. documents any materials that are not Drug, and Cosmetic Act and under EFFECTIVE DATE: December 13, 1995. available for public disclosure before authority delegated to the Commissioner FOR FURTHER INFORMATION CONTACT: making the documents available for of Food and Drugs and redelegated to William L. Blodgett, (202) 622–3090 inspection. the Director, Center for Food Safety and (not a toll-free number). 7992 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Rules and Regulations

SUPPLEMENTARY INFORMATION: amended in 1990 (CAA or the Act). In to EPA on November 18, 1993 and the Background addition, the final action on these rules SMAQMD rule was submitted on June serves as a final determination that the 16, 1995. The final regulations that are the findings of nonsubmittal for these rules Background subject of this correction are under have been corrected and that on the sections 170, 642, 664, 2031, 2512 and effective date of this action, any Federal On November 15, 1990, the Clean Air 7520 of the Internal Revenue Code. Implementation Plan (FIP) clock is Act Amendments of 1990 (CAA or the Act) were enacted. Public Law 101–549, Need for Correction stopped. Thus, EPA is finalizing the approval of these revisions into the 104 Stat. 2399, codified at 42 U.S.C. As published, TD 8630 contains a California SIP under provisions of the 7401–7671q. The air quality planning typographical error that is in need of CAA regarding EPA action on SIP requirements for the reduction of NOx clarification. submittals, SIPs for national primary emissions through reasonably available Correction of Publication and secondary ambient air quality control technology (RACT) are set out in standards and plan requirements for section 182(f) of the CAA. On November Accordingly, the publication of the nonattainment areas. 25, 1992, EPA published a Notice of final regulations which is the subject of DATES: This action is effective on April Proposed Rulemaking (NPRM) entitled FR Doc. 95–30272, is corrected as 30, 1996 unless adverse or critical ‘‘State Implementation Plans; Nitrogen follows: Oxides Supplement to the General On page 63913, column 1, in the comments are received by April 1, 1996. If the effective date is delayed, a timely Preamble; Clean Air Act Amendments preamble in the caption EFFECTIVE DATE, of 1990 Implementation of Title I; line 2, the language ‘‘effective December notice will be published in the Federal Register. Proposed Rule,’’ (the NOx Supplement) 13, 1995.’’ is corrected to read ‘‘effective which describes and provides guidance ADDRESSES: Copies of the rules and December 13, 1995, and applicable for on the requirements of section 182(f). transfers after December 13, 1995’’. EPA’s evaluation report of each rule are The NOx Supplement should be referred Cynthia E. Grigsby, available for public inspection at EPA’s Region IX office during normal business to for further information on the NOx Chief, Regulations Unit, Assistant Chief requirements and is incorporated into Counsel (Corporate). hours. Copies of the submitted rules are also available for inspection at the this proposal by reference. [FR Doc. 96–4179 Filed 2–29–96; 8:45 am] Section 182(f) of the Clean Air Act following locations: BILLING CODE 4830±01±P requires States to apply the same Rulemaking Section (A–5–3), Air and requirements to major stationary sources Toxics Division, U.S. Environmental of NO (‘‘major’’ as defined in section Protection Agency, Region IX, 75 x ENVIRONMENTAL PROTECTION 302 and section 182(c), (d), and (e)) as Hawthorne Street, San Francisco, CA AGENCY are applied to major stationary sources 94105. of volatile organic compounds (VOCs), Environmental Protection Agency, Air 40 CFR Part 52 in moderate or above ozone Docket (6102), 401 ‘‘M’’ Street SW., nonattainment areas. The Kern County [CA 71±8±6938a; FRL±5423±9] Washington, D.C. 20460. California Air Resources Board, area is classified as serious; the Approval and Promulgation of Sacramento Metro Area is classified as Stationary Source Division, Rule 1 Implementation Plans; California State Evaluation Section, 2020 ‘‘L’’ Street, severe; therefore these areas were Implementation Plan Revision; Kern Sacramento, CA 95814. subject to the RACT requirements of County Air Pollution Control District, Kern County Air Pollution Control section 182(b)(2), cited below. Sacramento Metropolitan Air Quality District, 2700 ‘‘M’’ Street, Suite 290, Section 182(b)(2) requires submittal of Management District Bakersfield, CA 93301. RACT rules for major stationary sources Sacramento Metropolitan Air Quality of VOC emissions (not covered by a pre- AGENCY: Environmental Protection Management District, 8411 Jackson enactment control techniques guidelines Agency (EPA). Road, Sacramento, CA 95826. (CTG) document or a post-enactment ACTION: Direct final rule. CTG document) by November 15, 1992. FOR FURTHER INFORMATION CONTACT: There were no NO CTGs issued before Daniel A. Meer, Rulemaking Section (A– x SUMMARY: EPA is taking direct final enactment and EPA has not issued a 5–3), Air and Toxics Division, U.S. action to approve revisions to the CTG document for any NO sources Environmental Protection Agency, x California State Implementation Plan since enactment of the CAA. The RACT Region IX, 75 Hawthorne Street, San (SIP). The revisions concern rules from rules covering NO sources and Francisco, CA 94105–3901, Telephone: x the following districts: the Kern County submitted as SIP revisions, are expected (415) 744–1185. Air Pollution Control District (KCAPCD) to require final installation of the actual and the Sacramento Metropolitan Air SUPPLEMENTARY INFORMATION: NOx controls as expeditiously as Management Control District Applicability practicable, but not later than May 31, (SMAQMD). This approval action will 1995. incorporate two rules into the federally The rules being approved into the The State of California submitted approved SIP and remove one rule from California SIP include: KCAPCD, Rule many revised RACT rules for the SIP. The two rules control oxides of 425, Cogeneration Gas Turbine Engines incorporation into its SIP on November nitrogen (NOx) emissions from the (Oxides of Nitrogen), and SMAQMD, 18, 1993 and June 16, 1995, including operations of stationary gas turbines and Rule 413, Stationary Gas Turbines. The the rules being acted on in this the rule to be removed controls NOx rule being removed from the SIP is emissions from steam generators used in KCAPCD Rule 425, Oxides of Nitrogen 1 Kern County retained its designation of the oil production operations. Emissions from Steam Generators Used nonattainment and was classified by operation of The intended effect of approving in Thermally Enhanced Oil Recovery— law pursuant to sections 107(d) and 181(a) upon the date of enactment of the CAA. See 55 FR 56694 these rules is to regulate emissions of Western Kern County Fields. The (November 6, 1991). The Sacramento Metro Area NOx in accordance with the KCAPCD rules were submitted by the was reclassified from serious to severe on June 1, requirements of the Clean Air Act, as California Air Resources Board (CARB) 1995. See 60 FR 20237 (April 25, 1995). Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Rules and Regulations 7993 document. This document addresses Supplement to the General Preamble, following emission limits: (i) 25 ppmv EPA’s direct-final action for KCAPCD cited above. In the NOX Supplement, (gas fired) and 65 ppmv (oil fired) for Rule 425, Cogeneration Gas Turbine EPA provides guidance on how RACT units rated less than 10 MW; (ii) 15 Engines (Oxides of Nitrogen), and will be determined for stationary ppmv (gas fired) and 42 ppmv (oil fired) SMAQMD Rule 413, Stationary Gas sources of NOX emissions. While most for units rated greater than 10 MW with Turbines. KCAPCD adopted Rule 425 on of the guidance issued by EPA on what no SCR; and (iii) 9 ppmv (gas fired) and August 16, 1993 and SMAQMD adopted constitutes RACT for stationary sources 25 ppmv (oil fired) for units rated Rule 413 on April 6, 1995. These has been directed towards application greater than 10 MW with SCR. submitted rules were found to be for VOC sources, much of the guidance KCAPCD’s Rule 425, Oxides of complete on December 27, 1993 and is also applicable to RACT for stationary Nitrogen Emissions from Steam June 30, 1995 pursuant to EPA’s sources of NOX (see section 4.5 of the Generators Used in Thermally Enhanced completeness criteria that are set forth NOX Supplement). In addition, pursuant Oil Recovery—Western Kern County in 40 CFR part 51, appendix V 2 and are to section 183(c), EPA has issued Fields, was submitted to be removed being finalized for approval into the SIP. alternative control technique documents from the SIP. This rule was adopted to This document also addresses the State (ACTs), that identify alternative controls control NOX emissions from steam of California’s request that Rule 425, for all categories of stationary sources of generators used in the oil production at Oxides of Nitrogen Emissions from NOX. The ACT documents provide the western portion of Kern County. Steam Generators Used in Thermally information on control technology for KCAPCD, at that time, had jurisdiction Enhanced Oil Recovery—Western Kern stationary sources that emit or have the over the San Joaquin Valley Air Basin County Fields, be removed from the SIP. potential to emit 25 tons per year or and the Southeast Desert Air Basin. Rules 425 and 413 control the more of NOX. However, the ACTs do not However, on March 20, 1991, the San emissions of NOX from stationary gas establish a presumptive norm for what Joaquin Valley Unified Air Pollution turbine operations; rescinded Rule 425 is considered RACT for stationary Control District (SJVUAPCD) was controls emissions from steam sources of NOX. In general, the guidance formed. This newly formed unified generators used in the oil production documents cited above, as well as other district took over the responsibility and operations. NOX emissions contribute to relevant and applicable guidance authority over the San Joaquin Valley the production of ground level ozone documents, have been set forth to Air Basin which includes all of the eight and smog. The rules were adopted as ensure that submitted NOX RACT rules counties except the Southeast Desert Air part of KCAPCD’s and SMAQMD’s meet Federal RACT requirements and Basin portion of Kern County. As a efforts to achieve the National Ambient are fully enforceable and strengthen or result of the above delineation of Air Quality Standards (NAAQS) for maintain the SIP. geographical boundaries, KCAPCD ozone and in response to the CAA KCAPCD’s submitted Rule 425, (Southeast Desert portion) ceased its requirements cited above. The following Cogeneration Gas Turbine Engines authority over the oil production is EPA’s evaluation and final action for (Oxides of Nitrogen), is a new rule that operation at the western portion of Kern these rules. will control NOX emissions from County. Consequently, KCAPCD is cogeneration gas turbines with rating rescinding Rule 425 because the sources EPA Evaluation and Action equal to or greater than 10 megawatts subject to this rule are no longer under In determining the approvability of a (MW) used in producing steam and its authority. The removal of Rule 425 NOX rule, EPA must evaluate the rule generate electric power for use in from the SIP is consistent with EPA’s for consistency with the requirements of industrial and power utility operations. policy requirements and removes an the CAA and EPA regulations, as found The rule limits NOX emissions from extraneous rule that serves no purpose. in section 110, and part D of the CAA units using selective catalytic reduction The California Air Resources Board and 40 CFR part 51 (Requirements for (SCR) to 9 parts per million by volume (CARB) has issued a reasonably Preparation, Adoption and Submittal of (ppmv) when operated on gaseous fuel available control technology/best Implementation Plans). EPA’s and to 25 ppmv when operated on oil available retrofit control technology interpretation of these requirements, fuel. For the same size units (i.e., (RACT/BARCT) determination for which forms the basis for this action, Westinghouse 251B10) using dry low- stationary source gas turbines with a appears in the NOX Supplement (57 FR NOX combustors, the rule limits NOX rating of greater than or equal to 0.3 55620) and various other EPA policy emissions to 20 ppmv for units megawatts. The RACT limits are 42 guidance documents.3 Among these operating on gaseous fuel and 42 ppmv ppmv for gas fired units and 65 ppmv provisions is the requirement that a for units operating on oil fuel. The for oil fired units. BARCT limits for NOX rule must, at a minimum, provide limits are corrected to 15 percent units with SCR are 9 ppmv and 25 for the implementation of RACT for oxygen on dry basis. ppmv for gas fired units and oil fired SMAQMD’s submitted Rule 413, units respectively. For units without stationary sources of NOX emissions. For the purposes of assisting state and Stationary Gas Turbines, is a new rule SCR, the BARCT limits are 15 ppmv (gas local agencies in developing NOX RACT that will control NOX emissions from fired units) and 42 ppmv (oil fired rules, EPA prepared the NOX cogeneration units with ratings equal to units). The limits in Rule 425 and Rule or greater than 0.3 MW output, or 3 413 exceed California and Federal 2 EPA adopted the completeness criteria on million BTU/hr (MMBTU/hr) input RACT limits by a significant margin. February 16, 1990 (55 FR 5830) and, pursuant to used to generate electricity, supply In evaluating the rules, EPA must section 110(k)(1)(A) of the CAA, revised the criteria steam for industrial processes and determine whether the requirement for on August 26, 1991 (56 FR 42216). provide heating supply for buildings. RACT implementation by May 31, 1995 3 Among other things, the pre-amendment guidance consists of those portions of the proposed The rule specifies emission limits of 42 is met. Under certain circumstances, the post-1987 ozone and carbon monoxide policy that ppmv (gas fired) and 65 ppmv (oil fired) determination of what constitutes RACT concern RACT, 52 FR 45044 (November 24, 1987); for units rated less than or equal to 2.9 could include consideration of ‘‘Issues Relating to VOC Regulation Cutpoints, MW and operating at less than 877 advanced control technologies, i.e., Deficiencies, and Deviations, Clarification to Appendix D of November 24, 1987 Federal Register hours per year. For all other units California’s requirement for BARCT. In Notice’’ (Blue Book) (notice of availability was operating at greater than or equal to 877 this case the CAA’s May 1995 date for published in the Federal Register on May 25, 1988). hours per year, the rule specifies the RACT implementation may be satisfied 7994 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Rules and Regulations in BARCT rules that establish ‘‘interim commenting on this action should do so determined that this final action does RACT’’ by May 1995, and require at this time. If no such comments are not include a mandate that may result emission limitations based on advanced received, the public is advised that this in estimated costs of $100 million or control technologies such as BARCT be action will be effective April 30, 1996. more to State, local, or tribal met after May 1995. Rule 425 and Rule governments in the aggregate or to the Regulatory Process 413 require final compliance with private sector. BARCT limits by January 1997 and May Under the Regulatory Flexibility Act, This action has been classified as a 1997 respectively. The rules also require 5 U.S.C. 600 et seq., EPA must prepare Table 3 action for signature by the that interim measures (submission of a regulatory flexibility analysis Regional Administrator under the compliance plans, and applying for assessing the impact of any proposed or procedures published in the Federal authority to construct) be met by May final rule on small entities. 5 U.S.C. 603 Register on January 19, 1989 (54 FR 31, 1995 to ensure progress toward the and 604. Alternatively, EPA may certify 2214–2225), as revised by a July 10, final compliance. A more detailed that the rule will not have a significant 1995 memorandum from Mary Nichols, discussion of the sources controlled, the economic impact on a substantial Assistant Administrator for Air and controls required, and the justification number of small entities. Small entities Radiation. The Office of Management for why these controls represent RACT include small businesses, small not-for- and Budget (OMB) has exempted this can be found in the Technical Support profit enterprises, and government regulatory action from Executive Order Documents (TSDs) for Rule 425 and entities with jurisdiction over 12866 review. Rule 413, dated November 28, 1995. populations of less than 50,000. EPA has evaluated the submitted SIP approvals under section 110 and List of Subjects in 40 CFR Part 52 rules and has determined that they are subchapter I, Part D of the CAA do not Environmental protection, Air consistent with the CAA, EPA create any new requirements, but pollution control, Hydrocarbons, regulations, and EPA policy. Therefore, simply approve requirements that the Incorporation by reference, KCAPCD’s Rule 425, Cogeneration Gas State is already imposing. Therefore, Intergovernmental relations, Ozone, Turbine Engines (Oxide of Nitrogen), because the Federal SIP-approval does Reporting and recordkeeping and SMAQMD’s Rule 413, Stationary not impose any new requirements, I requirements, Volatile organic Gas Turbines are being approved under certify that it does not have a significant compound. section 110(k)(3) of the CAA as meeting impact on affected small entities. the requirements of section 110(a), Moreover, due to the nature of the Dated: January 30, 1996. section 182(b)(2), section 182(f) and the Federal-state relationship under the Felicia Marcus, NOX Supplement to the General CAA, preparation of a regulatory Regional Administrator. Preamble. Furthermore, EPA is flexibility analysis would constitute Subpart F of part 52, chapter I, title 40 removing applicable Rule 425 consistent Federal inquiry into the economic of the Code of Federal Regulations is with the requirements of sections 110 (l) reasonableness of state action. The CAA amended as follows: and 193. forbids EPA to base its actions Nothing in this action should be concerning SIPs on such grounds. PART 52Ð[AMENDED] construed as permitting or allowing or Union Electric Co. v. U.S. E.P.A., 427 establishing a precedent for any future U.S. 246, 256–66 (S.Ct. 1976); 42 U.S.C. 1. The authority citation for part 52 request for revision to any state 7410(a)(2). continues to read as follows: implementation plan. Each request for Authority: 42 U.S.C. 7401–7671q. Unfunded Mandates revision to the state implementation plan shall be considered separately in Under Sections 202, 203, and 205 of Subpart FÐCalifornia the Unfunded Mandates Reform Act of light of specific technical, economic and 2. Section 52.220 is amended by 1995 (‘‘Unfunded Mandates Act’’), environmental factors and in relation to adding paragraphs (c)(194)(i)(B) (2) and signed into law on March 22, 1995, EPA relevant statutory and regulatory (3) and (222)(i)(C)(2) to read as follows: requirements. must undertake various actions in EPA is publishing this document association with proposed or final rules § 52.220 Identification of plan. without prior proposal because the that include a Federal mandate that may * * * * * Agency views this as a noncontroversial result in estimated costs of $100 million (c) * * * amendment and anticipates no adverse or more to the private sector, or to State, (194)* * * comments. However, in a separate local, or tribal governments in the (i) * * * document in this Federal Register aggregate. (B) * * * publication, the EPA is proposing to Through submission of this state (2) Rule 425, adopted on August 16, approve the SIP revision should adverse implementation plan or plan revision, 1993. or critical comments be filed. This the State and any affected local or tribal (3) Previously submitted to EPA on action will be effective April 30, 1996, governments have elected to adopt the June 28, 1982 and approved in the unless, by April 1, 1996, adverse or program provided for under Part D of Federal Register on May 3, 1984 and critical comments are received. the Clean Air Act. These rules may bind now removed without replacement, If the EPA receives such comments, State, local and tribal governments to Rule 425. this action will be withdrawn before the perform certain actions and also require effective date by publishing a the private sector to perform certain * * * * * subsequent document that will duties. To the extent that the rules being (222) * * * withdraw the final action. All public approved by this action will impose no (i) * * * comments received will then be new requirements; such sources are (C) * * * addressed in a subsequent final rule already subject to these regulations (2) Rule 413, adopted on April 6, based on this action serving as a under State law. Accordingly, no 1995. proposed rule. The EPA will not additional costs to State, local, or tribal * * * * * institute a second comment period on governments, or to the private sector, [FR Doc. 96–4571 Filed 2–29–96; 8:45 am] this action. Any parties interested in result from this action. EPA has also BILLING CODE 6560±50±P Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Rules and Regulations 7995

40 CFR Part 52 (November 15, 1990). 56 FR 56694, designee on July 13, 1995 and submitted 56705–706, 56779 (November 6, 1991). to USEPA as a proposed revision to the [MI44±01±7147a; FRL±5408±5] Among other things, the amended Act SIP. Approval and Promulgation of made significant changes to the PM air The SIP revision was reviewed by Implementation Plans; Michigan quality planning requirements for USEPA to determine completeness and certain areas. The USEPA has issued was found to be complete. The USEPA AGENCY: Environmental Protection detailed guidance that describes sent a letter dated July 17, 1995 to the Agency (USEPA). USEPA’s preliminary interpretations Director, MDNR, indicating the ACTION: Direct final rule. regarding moderate PM nonattainment completeness of the submittal and the area SIP requirements; 57 FR 13498 next steps to be taken in the review SUMMARY: The USEPA is approving the (April 16, 1992) and 57 FR 18070 (April process. This finding of completeness State of Michigan’s revision to its State 28, 1992). States containing initial stopped the sanctions process which Implementation Plan (SIP) for the moderate PM nonattainment areas were was started on January 21, 1994. Wayne County particulate matter (PM) required to submit a SIP by November nonattainment area. The State of 15, 1991, which implemented Review of Contingency Measures Rule Michigan submitted this revision, dated reasonably available control measures The Michigan SIP submittal consists July 18, 1995 to satisfy the contingency by December 10, 1993, and of the new State Administrative Rule measures requirements of section demonstrated attainment of the PM 374 (R 336.1374), effective July 26, 172(c)(9) of the Clean Air Act (Act). NAAQS by December 31, 1994. On 1995, which was designed to satisfy the Section 172(c)(9) of the Act requires that January 17, 1995 (60 FR 3346), USEPA contingency measures requirement of States with initial moderate PM approved the Wayne County PM section 172(c)(9) of the Act. The SIP nonattainment areas submit contingency nonattainment area SIP originally provides that the measures contained in measures consisting of specific submitted by the Michigan Department the rule must take effect without further measures that are not part of the area’s of Natural Resources (MDNR) on June action by the State or USEPA should control strategy which must take effect 11, 1993 and revised on October 14, USEPA determine that the Wayne without further action by the State or 1994. County nonattainment area has failed to USEPA, upon a determination by As provided in section 172(c)(9) of the achieve RFP or to attain the PM USEPA that the area has failed to Act, States with initial moderate PM standard. Within 60 days of notification achieve Reasonable Further Progress nonattainment areas were also required by MDNR or USEPA of a violation of the (RFP) or attain the PM National to submit contingency measures by PM NAAQS, companies located within Ambient Air Quality Standards November 15, 1993. See generally 57 FR a one mile radius centered around the (NAAQS) by the applicable statutory 13543–13544. These measures should monitor which recorded the violation deadline. consist of other available measures that must be in compliance with the opacity DATES: This ‘‘direct final’’ is effective are not part of the area’s control strategy limit, implement the fugitive dust April 30, 1996, unless USEPA receives which must take effect without further control strategies, or commence the adverse or critical comments by April 1, action by the State or USEPA, upon a schedule to implement the process or 1996. If the effective date is delayed, determination by USEPA that the area combustion source control strategies timely notice will be published in the has failed to achieve RFP or attain the described in the rule. The October 24, Federal Register. PM NAAQS by the applicable statutory 1995 Technical Support Document ADDRESSES: Copies of the documents deadline. On January 21, 1994, USEPA contains a more detailed explanation of relevant to this action are available for sent a letter to the State of Michigan the rule’s requirements. inspection during normal business notifying them that a finding of failure Final Action hours at the following location: (It is to submit had been made, thus starting recommended that you telephone the process to impose sanctions and In this action, USEPA is approving Christos Panos at (312) 353–8328, before promulgate a Federal Implementation the SIP revision submitted to USEPA by visiting the Region 5 office.) Plan (FIP). the State of Michigan on July 13, 1995 United States Environmental Completeness Determination for the Wayne County PM nonattainment area. Specifically, Protection Agency, Region 5, Air and States are required to observe certain USEPA is approving State Radiation Division, Air Toxics and procedural requirements in developing Administrative Rule 374 (R 336.1374), Radiation Branch, 77 West Jackson implementation plans and plan effective July 26, 1995, as intended to Boulevard, Chicago, Illinois 60604– revisions for submission to USEPA. The satisfy the contingency measures 3590. Act provides that each implementation requirement specified in section FOR FURTHER INFORMATION CONTACT: plan submitted by a State must be 172(c)(9) of the Act. Christos Panos, Environmental adopted after reasonable notice and Engineer, Regulation Development public hearing. The USEPA also must Miscellaneous Section, Air Toxics and Radiation determine whether a submittal is Comment and Approval Procedure Branch (AT–18J), United States complete and therefore warrants further Environmental Protection Agency, USEPA review and action. The USEPA’s The USEPA is publishing this action Region 5, 77 West Jackson Boulevard, completeness criteria for SIP submittals without prior proposal because USEPA Chicago, Illinois 60604–3590, (312) are set out at 40 CFR Part 51, Appendix views this action as a noncontroversial 353–8328. V (1991). revision and anticipates no adverse SUPPLEMENTARY INFORMATION: The State of Michigan held a public comments. However, USEPA is hearing on March 2, 1995 to receive publishing a separate document in this Background public comment on the contingency Federal Register publication, which A portion of Wayne County, measures plan for the Wayne County constitutes a ‘‘proposed approval’’ of the Michigan, was designated as a moderate PM nonattainment area. Following the requested SIP revision and clarifies that PM nonattainment area upon enactment public hearing, the plan was adopted by the rulemaking will not be deemed final of the 1990 Amendments to the Act the State, signed by the Governor’s if timely adverse or critical comments 7996 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Rules and Regulations are filed. The ‘‘direct final’’ approval State action. The Act forbids USEPA to Dated: December 14, 1995. shall be effective on April 30, 1996, base its actions concerning SIPs on such Valdas V. Adamkus, unless USEPA receives adverse or grounds. Union Electric Co. v. U.S. EPA, Regional Administrator. critical comments by April 1, 1996. 427 U.S. 246, 256–66 (1976). 40 CFR part 52 is amended as follows: If USEPA receives comments adverse to or critical of the approval discussed Unfunded Mandates PART 52Ð[AMENDED] above, USEPA will withdraw this Under section 202 of the Unfunded 1. The authority citation for part 52 approval before its effective date, and Mandates Reform Act of 1995 continues to read as follows: publish a subsequent Federal Register (‘‘Unfunded Mandates Act’’), signed document which withdraws this final into law on March 22, 1995, USEPA Authority: 42 U.S.C. 7401–7671q. action. All public comments received must prepare a budgetary impact will then be addressed in a subsequent statement to accompany any proposed Subpart XÐMichigan document. or final rule that includes a Federal 2. 52.1170 is amended by adding Any parties interested in commenting mandate that may result in estimated paragraph (c)(104) to read as follows: on this action should do so at this time. costs to State, local, or tribal * * * * * If no such comments are received, governments in the aggregate; or to the (c) * * * USEPA hereby advises the public that private sector, of $100 million or more. (104) On July 13, 1995, the Michigan this action will be effective on April 30, Under section 205, USEPA must select Department of Natural Resources 1996. the most cost-effective and least (MDNR) submitted a contingency burdensome alternative that achieves Applicability to Future SIP Decisions measures plan for the Wayne County the objectives of the rule and is particulate matter nonattainment area. Nothing in this action should be consistent with statutory requirements. (i) Incorporation by reference. construed as permitting, allowing or Section 203 requires USEPA to establish (A) State of Michigan Administrative establishing a precedent for any future a plan for informing and advising any Rule 374 (R 336.1374), effective July 26, request for revision to any SIP. Each small governments that may be 1995. request for a revision to the SIP shall be significantly or uniquely impacted by considered separately in light of specific the rule. [FR Doc. 96–4848 Filed 2–29–96; 8:45 am] technical, economic, and environmental The USEPA has determined that the BILLING CODE 6560±50±P factors and in relation to relevant approval action promulgated today does statutory and regulatory requirements. not include a Federal mandate that may 40 CFR Part 300 Executive Order 12866 result in estimated costs of $100 million or more to either State, local, or tribal [FRL±5431±3] This action has been classified as a governments in the aggregate, or to the Table 3 action by the Regional private sector. National Oil and Hazardous Administrator under the procedures This Federal action approves pre- Substances Pollution Contingency published in the Federal Register on existing requirements under State or Plan; National Priorities List January 19, 1989 (54 FR 2214–2225), as local law, and imposes no new Federal AGENCY: Environmental Protection revised by a July 10, 1995, requirements. Accordingly, no Agency. memorandum from Mary Nichols, additional costs to State, local, or tribal Assistant Administrator for Air and governments, or the private sector, ACTION: Notice of Deletion of the Radiation. The Office of Management result from this action. Arkansas City Dump Superfund Site and Budget has exempted this from the National Priorities List (NPL). regulatory action from Executive Order Petitions for Judicial Review SUMMARY: The Environmental Protection 12866 review. Under section 307(b)(1) of the Act, Agency (EPA) announces the deletion of petitions for judicial review of this Regulatory Flexibility the Arkansas City Dump Site in action must be filed in the United States Arkansas City, Kansas from the Under the Regulatory Flexibility Act, Court of Appeals for the appropriate Superfund National Priorities List 5 U.S.C. Section 600 et seq., USEPA circuit April 30, 1996. Filing a petition (NPL). The NPL constitutes Appendix B must prepare a regulatory flexibility for reconsideration by the Administrator to the National Oil and Hazardous analysis assessing the impact of any of this final rule does not affect the Substances Pollution Contingency Plan proposed or final rule on small entities finality of this rule for the purposes of (NCP) which EPA promulgated pursuant (5 U.S.C. Sections 603 and 604). judicial review nor does it extend the to section 105 of the Comprehensive Alternatively, USEPA may certify that time within which a petition for judicial Environmental Response, the rule will not have a significant review may be filed, and shall not Compensation, and Liability Act of 1980 impact on a substantial number of small postpone the effectiveness of such a (CERLCA), as amended. In consultation entities. Small entities include small rule. This action may not be challenged with the state of Kansas, EPA has businesses, small not-for-profit later in proceedings to enforce its determined that the necessary Fund- enterprises, and government entities requirements (see section 307(b)(2)). with jurisdiction over populations of financed response actions under less than 50,000. This approval does not List of Subjects in 40 CFR Part 52 CERCLA have been implemented. The create any new requirements. Environmental protection, Air EPA has concluded that this remedial Therefore, I certify that this action pollution control, Incorporation by action is protective of human health, does not have a significant impact on reference, Intergovernmental relations, and the environment. The State of any small entities affected. Moreover, Particulate matter, Reporting and Kansas has concurred on the deletion of due to the nature of the Federal-State recordkeeping requirements. this site from the NPL. EFFECTIVE DATE: March 1, 1996. relationship under the Act, preparation Note: Incorporation by reference of the SIP of the regulatory flexibility analysis for the State of Michigan was approved by FOR FURTHER INFORMATION CONTACT: would constitute Federal inquiry into the Director of the Federal Register on July David V. Crawford, Remedial Project the economic reasonableness of the 1, 1982. Manager, Superfund Division, Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Rules and Regulations 7997

Environmental Protection Agency, Dated: February 6, 1996. administer local floodplain management Region VII, 726 Minnesota Avenue, Dennis Grams, measures aimed at protecting lives and Kansas City, Kansas 66101, (913) 551– Regional Administrator. new construction from future flooding. 7702. 40 CFR part 300 is amended as Since the communities on the attached SUPPLEMENTARY INFORMATION: Under follows: list have recently entered the NFIP, section 105(a)(8)(B) of CERCLA, EPA subsidized flood insurance is now established the NPL as a priority list PART 300Ð[AMENDED] available for property in the community. among known or threatened releases of In addition, the Director of the 1. The authority citation for part 300 Federal Emergency Management Agency hazardous substances, pollutants and continues to read as follows: contaminants throughout the United has identified the special flood hazard States, for potential response action. Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. areas in some of these communities by Sites on the NPL may be the subject of 9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, publishing a Flood Hazard Boundary Hazardous Substance Superfund (Fund) 191 Comp., p. 351; E.O. 12580, 52 FR 2923, Map (FHBM) or Flood Insurance Rate 3 CFR, 1987 Comp., p. 193. financed, or responsible party, remedial Map (FIRM). The date of the flood map, actions. Sites are deleted from the NPL Appendix B—[Amended] if one has been published, is indicated in the fourth column of the table. In the when all appropriate response actions 2. Table 1 of appendix B to part 300 communities listed where a flood map have been implemented or investigation is amended by removing the Site has been published, Section 102 of the of the site has shown that the site poses ‘‘Arkansas City Dump Site, Arkansas Flood Disaster Protection Act of 1973, as no significant threat. Any sites deleted City, Kansas’’. from the NPL remain eligible for future amended, 42 U.S.C. 4012(a), requires response actions if conditions at the site [FR Doc. 96–4526 Filed 2–29–96; 8:45 am] the purchase of flood insurance as a are later found to warrant such action. BILLING CODE 6560±50±P condition of Federal or federally related Section 300.425(e)(3) of the National Oil financial assistance for acquisition or and Hazardous Substances Pollution construction of buildings in the special Contingency Plan (NCP) provides that FEDERAL EMERGENCY flood hazard areas shown on the map. whenever there is a significant release MANAGEMENT AGENCY The Director finds that the delayed from a site deleted from the NPL, the effective dates would be contrary to the site shall be restored to the NPL without 44 CFR Part 64 public interest. The Director also finds application of the Hazard Ranking [Docket No. FEMA±7635] that notice and public procedure under System. Deletion of a site from the NPL 5 U.S.C. 553(b) are impracticable and does not affect responsible party List of Communities Eligible for the unnecessary. liability or impede Agency efforts to Sale of Flood Insurance National Environmental Policy Act. recover costs associated with response This rule is categorically excluded from AGENCY: Federal Emergency efforts. Specific information about this the requirements of 44 CFR Part 10, Management Agency (FEMA). site follows. Environmental Considerations. No ACTION: Final rule. environmental impact assessment has Arkansas City Dump been prepared. SUMMARY: This rule identifies The Arkansas City Dump site is communities participating in the Regulatory Flexibility Act. The Acting located in Arkansas City, Kansas. The National Flood Insurance Program Associate Director certifies that this rule EPA published a Notice of Intent to (NFIP). These communities have will not have a significant economic Delete the Arkansas City Dump site applied to the program and have agreed impact on a substantial number of small from the NPL on September 20, 1995. to enact certain floodplain management entities in accordance with the The EPA also published a notification in measures. The communities’ Regulatory Flexibility Act, 5 U.S.C. 601 the principal local newspaper on participation in the program authorizes et seq., because the rule creates no September 14, 1995. The comment the sale of flood insurance to owners of additional burden, but lists those period ended on October 25, 1995. The property located in the communities communities eligible for the sale of EPA received no comments. Entries in listed. flood insurance. the Deletion Docket may be reviewed at Regulatory Classification. This final EFFECTIVE DATES: The dates listed in the the EPA Region VII office in Kansas rule is not a significant regulatory action third column of the table. City, Kansas, and at the Public Library, under the criteria of section 3(f) of 125 East Fifth Avenue, Arkansas City, ADDRESSES: Flood insurance policies for Executive Order 12866 of September 30, Kansas. It is EPA’s policy to conduct a property located in the communities 1993, Regulatory Planning and Review, Five-Year Review at sites in which listed can be obtained from any licensed 58 FR 51735. hazardous substances remain above property insurance agent or broker Paperwork Reduction Act. This rule levels which allow for unlimited use serving the eligible community, or from does not involve any collection of and unrestricted exposure. The EPA the NFIP at: Post Office Box 6464, information for purposes of the expects to complete five-year reviews of Rockville, MD 20849, (800) 638–6620. Paperwork Reduction Act, 44 U.S.C. the remedial action at the Arkansas City FOR FURTHER INFORMATION CONTACT: 3501 et seq. Dump site even though this site has Robert F. Shea, Jr., Division Director, Executive Order 12612, Federalism. been deleted from the NPL. Program Implementation Division, This rule involves no policies that have Mitigation Directorate, 500 C Street SW., federalism implications under Executive List of Subjects in 40 CFR Part 300 room 417, Washington, DC 20472, (202) Order 12612, Federalism, October 26, Environmental protection, Chemicals, 646–3619. 1987, 3 CFR, 1987 Comp., p. 252. Hazardous substances, Hazardous SUPPLEMENTARY INFORMATION: The NFIP Executive Order 12778, Civil Justice waste, Intergovernmental relations, enables property owners to purchase Reform. This rule meets the applicable Reporting and recordkeeping flood insurance which is generally not standards of section 2(b)(2) of Executive requirements, Superfund, Water otherwise available. In return, Order 12778, October 25, 1991, 56 FR pollution control. communities agree to adopt and 55195, 3 CFR, 1991 Comp., p. 309. 7998 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Rules and Regulations

List of Subjects in 44 CFR Part 64 PART 64Ð[AMENDED] 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376. Flood insurance, Floodplains. 1. The authority citation for Part 64 § 64.6 [Amended] continues to read as follows: Accordingly, 44 CFR part 64 is 2. The tables published under the amended as follows: Authority: 42 U.S.C. 4001 et seq., authority of § 64.6 are amended as Reorganization Plan No. 3 of 1978, 3 CFR, follows:

Community Current effective State/location No. Effective date of eligibility map date

New EligiblesÐEmergency Program Georgia: Fort Gaines, city of, Clay County ...... 130550 December 5, 1995. Oklahoma: Davidson, town of, Tillman County ...... 400204 December 8, 1995. Washington: Yacolt, town of, Clark County ...... 530269 December 14, 1995 ...... July 2, 1976. Montana: Sanders County, unincorporated areas ...... 300072 December 20, 1995 ...... March 13, 1979. North Dakota: Pingree, city of, Stutsman County ...... 380126 January 19, 1996. Kentucky: Rockcastle County, unincorporated areas .. 210331 January 26, 1996. Michigan: Wells, township of, Delta County ...... 260388 ...... do. Ohio: Washingtonville, village of, Columbiana and 390087 ...... do ...... June 4, 1976. Mahoning Counties. Tennessee: Louisville, town of, Blount County ...... 470405 ...... do. Massachusetts: Ashby, town of, Middlesex County .... 250178 January 31, 1996 ...... April 29, 1977. New EligiblesÐRegular Program New York: West Hampton Dunes, village of, Suffolk 361649 December 8, 1995. County 1. Wisconsin: Sun Prairie, city of, Dane County ...... 550573 December 11, 1995 ...... January 17, 1991. Texas: Josephine, city of, Collin and Hunt Counties ... 480756 December 15, 1995 ...... January 19, 1996. Reinstatements Indiana: Harrison County, unincorporated areas ...... 180085 March 19, 1975, Emerg.; November 1, 1995, Reg.; November 1, November 1, 1995, Susp.; December 4, 1995, 1995. Rein. New Jersey: Leonia, borough of, Bergen County ...... 340045 August 25, 1975, Emerg.; July 5, 1982, Reg.; Sep- September 20, tember 20, 1995, Susp.; December 4, 1995, Rein. 1995. North Arlington, borough of, Bergen County ...... 340055 July 3, 1975, Emerg.; April 3, 1978, Reg.; September Do. 20, 1995, Susp.; December 4, 1995, Rein. Pennsylvania: Churchill, borough of, Allegheny County ...... 420023 July 2, 1974, Emerg.; December 15, 1974, Reg.; Oc- October 4, 1995. tober 4, 1995, Susp.; December 5, 1995, Rein. Ohio, township of, Allegheny County ...... 421089 September 26, 1975, Emerg.; November 4, 1988, Do. Reg.; October 4, 1995, Susp.; December 5, 1995, Rein. Springdale, borough of, Allegheny County ...... 421282 October 30, 1974, Emerg.; July 16, 1980, Reg.; Oc- Do. tober 4, 1995, Susp.; December 5, 1995, Rein. Kilbuck, township of, Allegheny County ...... 421073 August 18, 1975, Emerg.; February 1, 1980, Reg.; Do. October 4, 1995, Susp.; December 6, 1995, Rein. Scott, township of, Allegheny County ...... 421100 October 9, 1974, Emerg.; May 3, 1982, Reg.; Octo- Do. ber 4, 1995, Susp.; December 12, 1995, Rein. South Park, township of, Allegheny County ...... 421165 April 26, 1974, Emerg.; November 5, 1980, Reg.; Oc- Do. tober 4, 1995, Susp.; December 12, 1995, Rein. Hamilton, township of, Monroe County ...... 421888 March 31, 1978, Emerg.; March 2, 1989, Reg.; Sep- September 6, tember 6, 1995, Susp.; December 15, 1995, Rein. 1995. New Jersey: Midland Park, borough of, Bergen County ...... 340051 May 26, 1972, Emerg.; September 30, 1977, Reg.; September 20, September 20, 1995, Susp.; December 18, 1995, 1995. Rein. Palisades Park, borough of, Bergen County ...... 340061 May 22, 1975, Emerg.; June 1, 1982, Reg.; Septem- Do. ber 20, 1995, Susp.; December 18, 1995, Rein. Pennsylvania: Roscoe, borough of, Washington 420858 March 20, 1975, Reg.; October 18, 1995, Susp.; De- October 18, 1995. County. cember 19, 1995, Rein. New Jersey: Garfield, city of, Bergen County ...... 340037 May 5, 1972, Emerg.; September 20, 1995, Reg.; September 20, September 20, 1995, Susp.; January 22, 1996, 1995. Rein. Tenafly, borough of, Bergen County ...... 340076 April 21, 1975, Emerg.; April 15, 1980, Reg.; Sep- Do. tember 20, 1995, Susp.; January 22, 1996, Rein. Pennsylvania: Shaler, township of, Allegheny County ...... 421101 April 22, 1974, Emerg.; March 18, 1980, Reg.; Octo- October 4, 1995. ber 4, 1995, Susp.; January 22, 1996, Rein. California, borough of, Washington County ...... 420848 July 5, 1974, Emerg.; June 15, 1981, Reg.; Septem- September 6, ber 6, 1995, Susp.; January 22, 1996, Rein. 1995. Dunlevy, borough of, Washington County ...... 422133 December 5, 1974, Emerg.; July 16, 1981, Reg.; Oc- October 18, 1995. tober 18, 1995, Susp.; January 22, 1996, Rein. Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Rules and Regulations 7999

Community Current effective State/location No. Effective date of eligibility map date

Oakdale, borough of, Allegheny County ...... 420059 July 22, 1975, Emerg.; August 15, 1983, Reg.; Octo- October 4, 1995. ber 4, 1995, Susp.; January 22, 1996, Rein. Ross, township of, Allegheny County ...... 420979 October 24, 1973, Emerg.; December 28, 1979, Do. Reg.; October 4, 1995, Susp.; January 22, 1996, Rein. Pittsburgh, city of, Allegheny County ...... 420063 April 13, 1973, Emerg.; December 15, 1981, Reg.; Do. October 4, 1995, Susp.; January 22, 1996, Rein. South Fayette, township of, Allegheny County ..... 421106 October 30, 1974, Emerg.; February 3, 1982, Reg.; Do. October 4, 1995, Susp.; January 22, 1996, Rein. Indiana: Hendricks County, unincorporated areas ...... 180415 March 17, 1975, Emerg.; March 16, 1981, Reg.; March 16, 1981. June 2, 1994, Susp.; January 22, 1996, Rein. Virginia: Haymarket, town of, Prince William County .. 510121 January 31, 1990, Reg.; January 5, 1995, Susp.; January 5, 1995. January 22, 1996, Rein. Pennsylvania: Ben Avon, borough of, Allegheny County ...... 420010 June 2, 1976, Emerg.; July 16, 1981, Reg.; October October 4, 1995. 4, 1995, Susp.; January 23, 1996, Rein. Wilkins, township of, Allegheny County ...... 420090 March 16, 1973, Emerg.; September 29, 1978, Reg.; Do. October 4, 1995, Susp.; January 23, 1996, Rein. East Deer, township of, Allegheny County ...... 421061 February 5, 1975, Emerg.; August 15, 1980, Reg.; Do. October 4, 1995, Susp.; January 25, 1996, Rein. Iowa: Humboldt, city of, Humboldt County ...... 190155 January 28, 1975, Emerg.; May 19, 1981, Reg.; No- May 19, 1981. vember 6, 1991, Susp.; January 25, 1996, Rein. Pennsylvania: Franklin Park, borough of, Allegheny County ...... 420037 January 10, 1975, Emerg.; January 1, 1982, Reg.; October 4, 1995. October 4, 1995, Susp.; January 26, 1996, Rein. Millvale, borough of, Allegheny County ...... 420053 May 21, 1973, Emerg.; July 16, 1979, Reg.; October Do. 4, 1995, Susp.; January 26, 1996, Rein. Sewickly, borough of, Allegheny County ...... 420070 November 22, 1974, Emerg.; September 14, 1979, Do. Reg.; October 4, 1995, Susp.; January 30, 1996, Rein. Indiana: Princeton, city of, Allegheny County ...... 180073 March 19, 1975, Emerg.; January 21, 1983, Reg.; January 21, 1983. August 16, 1993, Susp.; January 30, 1996, Rein. 1 The Village of West Hampton Dunes has adopted the Town of Southampton's (CID #365342) Flood Insurance Rate Map (FIRM) and Flood Insurance Study dated 7±2±87 for floodplain management and insurance purposes. Code for reading third column: Emerg.- Emergency; Reg.- Regular; Rein.- Reinstatement; Susp.- Suspension; With.- Withdrawn.

(Catalog of Federal Domestic Assistance No. Mississippi, substituted Channel 267A 47 CFR Part 73 83.100, ‘‘Flood Insurance’’) for Channel 266A, Vicksburg, Issued: February 20, 1996. Mississippi, and substituted Channel [MM Docket No. 90±189; RM±6904, RM± 7114, RM±7186, RM±7415, RM±7298] Richard W. Krimm, 225A for Channel 265C3 at Hazlehurst, Acting Associate Director, Mitigation Mississippi. The Notice erroneously Radio Broadcasting Services: Directorate. indicated that the upgrade at Utica was Farmington, Grass Valley, Jackson, [FR Doc. 96–4815 Filed 2–29–96; 8:45 am] a non-adjacent upgrade rather than an Linden, Placerville and Fair Oaks, CA, BILLING CODE 6718±05±P incompatible channel swap. The and Carson City and Sun Valley, NV Commission concluded that it was within the scope of the Notice to treat AGENCY: Federal Communications FEDERAL COMMUNICATIONS the Utica upgrade as an incompatible Commission. COMMISSION channel swap, thereby obviating the ACTION: Final rule, petition for need for competing expressions of reconsideration. 47 CFR Part 73 interest in the channel. With this action, SUMMARY: This document dismisses a [MM Docket No. 93±158; RM±8239 and RM± this proceeding is terminated. Petition for Reconsideration filed by 8317] FOR FURTHER INFORMATION CONTACT: Gold Country Communications, Inc. Radio Broadcasting Services; Kathleen Scheuerle, Mass Media directd to the First Report and Order in Hazlehurst, Utica & Vicksburg, MS Bureau, (202) 418–2180. this proceeding. See 60 FR 48425, September 19, 1995. AGENCY: Federal Communications List of Subjects in 47 CFR Part 73 Commission. EFFECTIVE DATE: March 1, 1996. Radio broadcasting. ACTION: Final rule; petition for FOR FUTHER INFORMATION CONTACT: reconsideration. Federal Communications Commission. Robert Hayne, Mass Media Bureau, Douglas W. Webbink, (202) 418–2180. SUMMARY: The Commission denies the petition filed by Donald Brady Chief, Policy and Rules Division, Mass Media SUPPLEMENTARY INFORMATION: This is a (‘‘Brady’’) for reconsideration of the Bureau. synopsis of the Memorandum Opinion Report and Order in MM Docket 93– [FR Doc. 96–4789 Filed 2–29–96; 8:45 am] and Order in MM Docket No. 90–189, 158, 59 FR 55593, November 8, 1994. BILLING CODE 6712±01±F adopted November 15, 1995, and The Report and Order substituted released February 22, 1996. The full text Channel 265C2 for Channel 225A, Utica, of this decision is available for 8000 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Rules and Regulations inspection and copying during normal Company, reallots Channel 3 from this decision may also be purchased business hours in the FCC Dockets Gallup to Farmington, New Mexico, as from the Commission’s copy contractor, Branch (Room 230), 1919 M Street, NW., the community’s second local television International Transcription Service, Washington, DC. The complete text of service, and modifies the construction Inc., (202) 857–3800, 2100 M Street, this decision may also be purchased permit of Station KOAV-TV NW., Suite 140, Washington, DC 20037. from the Commission’s copy contractor, accordingly. See 57 FR 14554, April 21, List of Subjects in 47 CFR Part 73 International Transcription Service, 1992. Channel 3 can be allotted to (202) 857–3800, 2100 M Street, NW., Farmington in compliance with the Television broadcasting. Washington, DC 20037. Commission’s minimum distance separation requirements with a site Part 73 of title 47 of the Code of List of Subjects in 47 CFR Part 73 restriction of 4.7 kilometers (2.9 miles) Federal Regulations is amended as Radio broadcasting. southeast, at coordinates 36–41–48 follows: North Latitude and 108-10-39 West Federal Communications Commisson. PART 73Ð[AMENDED] Douglas W. Webbink, Longitude. This allotment is not affected by the Commission’s temporary freeze 1. The authority citation for Part 73 Chief, Policy and Rules Division, Mass Media on new television allotments in certain Bureau. continues to read as follows: metropolitan areas. With this action, [FR Doc. 96–4788 Filed 2–29–96; 8:45 am] this proceeding is terminated. Authority: Secs. 303, 48 Stat., as amended, BILLING CODE 6712±01±F 1082; 47 U.S.C. 154, as amended. EFFECTIVE DATE: April 8, 1996. FOR FURTHER INFORMATION CONTACT: § 73.606 [Amended] 47 CFR Part 73 Leslie K. Shapiro, Mass Media Bureau, 2. Section 73.606(b), the Table of (202) 418–2180. [MM Docket No. 92±81; RM±7875] Television Allotments under New SUPPLEMENTARY INFORMATION: This is a Mexico, is amended by removing Television Broadcasting Services; synopsis of the Commission’s Report Channel 3 at Gallup and adding Farmington and Gallup, NM and Order, MM Docket No. 92–81, Channel 3 at Farmington. adopted February 1, 1996, and released AGENCY: Federal Communications February 23, 1996. The full text of this Federal Communications Commission. Commission. Commission decision is available for John A. Karousos, ACTION: Final rule. inspection and copying during normal Chief, Allocations Branch, Policy and Rules business hours in the FCC Reference Division, Mass Media Bureau. SUMMARY: The Commission, at the Center (Room 239), 1919 M Street, NW., [FR Doc. 96–4786 Filed 2–29–96; 8:45 am] request of Pulitzer Broadcasting Washington, DC. The complete text of BILLING CODE 6712±01±F 8001

Proposed Rules Federal Register Vol. 61, No. 42

Friday, March 1, 1996

This section of the FEDERAL REGISTER SUPPLEMENTARY INFORMATION: Road to its intersection with contains notices to the public of the proposed Background Lockbourne Road, the point of issuance of rules and regulations. The beginning, all within the County of purpose of these notices is to give interested As part of a continuing program to Franklin, State of Ohio. persons an opportunity to participate in the obtain more efficient use of its rule making prior to the adoption of the final personnel, facilities, and resources, and If the proposed extension of the port rules. to provide better service to carriers, of Columbus is adopted, the limits in importers, and the general public, the port column adjacent to the listing Customs proposes to amend § 101.3, of Columbus in the list of Customs ports DEPARTMENT OF THE TREASURY Customs Regulations (19 CFR 101.3) by of entry in 19 CFR 101.3 and the list of Customs Service extending the geographical limits of the user fee airports in 19 CFR 122.15 will port of Columbus, Ohio, to include the be amended accordingly. 19 CFR Part 101 territory encompassing Rickenbacker Airport. Rickenbacker Airport is Comments Extension of Port Limits of Columbus, currently a user fee airport. Much Prior to adoption of this proposal, Ohio business has shifted within the port to consideration will be given to written Rickenbacker Airport to make it AGENCY: Customs Service, Department comments timely submitted to Customs. worthwhile for Customs to include it Submitted comments will be available of the Treasury. within the Columbus port boundaries. for public inspection in accordance with ACTION: Notice of proposed rulemaking. Customs even plans to relocate its the Freedom of Information Act (5 offices to Rickenbacker Airport. If the U.S.C. 552), section 1.4, Treasury SUMMARY: This document proposes to boundaries of the port of Columbus are amend the Customs Regulations extended as proposed, the Customs Department Regulations (31 CFR 1.4), pertaining to the field organization of Regulations would also be amended to and section 103.11(b), Customs Customs by extending the geographical remove Rickenbacker Airport from the Regulations (19 CFR 103.11(b)), on limits of the port of Columbus, Ohio, to list of user fee airports in § 122.15, regular business days between the hours include Rickenbacker Airport which is Customs Regulations. If the proposal is of 9:00 a.m. and 4:30 p.m. at the currently operating as a user fee airport. adopted, Customs will use existing Regulations Branch, Office of The boundary expansion of the staffing to service the expanded area of Regulations and Rulings, 1099 14th Columbus port is proposed because the port of Columbus, Ohio. Street NW., Suite 4000, Washington, enough business within the port has D.C. shifted to Rickenbacker Airport to make Current Port Limits of Columbus it worthwhile for the Customs Service to The current port limits of the port of Authority plan to relocate its port offices there. If Columbus, Ohio were established in This change is proposed under the the boundaries of the port are extended Treasury Decision (T.D.) 82–9, effective authority of 5 U.S.C. 301 and 19 U.S.C. as proposed, the Customs Regulations February 11, 1982. The current port 2, 66, and 1624. would also be amended to remove limits of the port of Columbus include Rickenbacker Airport’s designation as a all of the territory within the corporate The Regulatory Flexibility Act and user fee airport. This proposed change limits of Columbus, Ohio, all of the Executive Order 12866 is being made as part of Customs territory completely surrounded by the continuing program to obtain more city of Columbus, and all of the territory Customs routinely establishes, efficient use of its personnel, facilities, enclosed by Interstate Highway 270 expands, and consolidates Customs and resources and to provide better (outer belt), which completely ports of entry throughout the United service to carriers, importers, and the surrounds the city. States to accommodate the volume of general public. Customs-related activity in various parts Proposed Extension of Port of the country. Thus, although this DATES: Comments must be received on or before April 30, 1996. As proposed, the expanded port limits document is being issued with notice of Columbus, Ohio, would encompass for public comment, because it relates to ADDRESSES: Written comments the port limits set forth in T.D. 82–9 as agency management and organization, it (preferably in triplicate) may be well as the following territory: is not subject to the notice and public submitted to the Regulations Branch, Beginning at the intersection of Rohr procedure requirements of 5 U.S.C. 553. Office of Regulations and Rulings, U. S. and Lockbourne Roads, then proceeding Accordingly, this document is not Customs Service, 1301 Constitution southerly along Lockbourne Road to subject to the provisions of the Avenue NW., Washington, D.C. 20229. Commerce Street, thence easterly along Regulatory Flexibility Act (5 U.S.C. 601 Comments submitted may be inspected Commerce Street to its intersection with et seq.). at the Regulations Branch, Office of the N & W railroad tracks, then Regulations and Rulings, 1099 14th southerly along the N & W railroad Agency organization matters such as Street NW., Suite 4000, Washington, tracks to the Franklin-Pickaway County this proposed port extension are exempt D.C. on regular business days between line, thence easterly along the Franklin- from consideration under Executive the hours of 9:00 a.m. and 4:30 p.m. Pickaway County line to its intersection Order 12866. FOR FURTHER INFORMATION CONTACT: with Pontius Road, then northerly along Drafting Information: The principal author Harry Denning, Office of Field Pontius Road to its intersection with of this document was Janet L. Johnson, Operations, (202) 927–0196. Rohr Road, thence westerly along Rohr Regulations Branch. However, personnel 8002 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Proposed Rules from other offices participated in its scientific research indicating that CFC’s CFR part 82, appendix A to subpart A). development. may reduce the amount of ozone in the Class II substances include George J. Weise, stratosphere and thereby increase the hydrochlorofluorocarbons (HCFC’s) (see Commissioner of Customs. amount of ultraviolet radiation reaching 40 CFR part 82, appendix B to subpart Approved: January 31, 1996. the earth. An increase in ultraviolet A). radiation may increase the incidence of Dennis M. O’Connell, II. Petition Received by FDA skin cancer, change the climate, and Acting Deputy Assistant Secretary of the produce other adverse effects of Bryan submitted a petition under Treasury. unknown magnitude on humans, § 2.125(f) and 21 CFR part 10 requesting [FR Doc. 96–4798 Filed 2–29–96; 8:45 am] animals, and plants. Section 2.125(d) an addition to the list of CFC uses BILLING CODE 4820±02±P exempts from the adulteration and considered essential. The petition is on misbranding provisions of § 2.125(c) file under the docket number appearing certain products containing CFC in the heading of this document and DEPARTMENT OF HEALTH AND propellants that FDA determines may be seen in the Dockets Management HUMAN SERVICES provide unique health benefits that Branch (address above). The petition would not be available without the use requested that sterile aerosol talc be Food and Drug Administration of a CFC. These products are referred to included in § 2.125(e) as an essential in the regulation as essential uses of use of CFC’s. The petition contained a 21 CFR Part 2 CFC’s and are listed in § 2.125(e). discussion supporting the position that [Docket No. 95P±0088] Under § 2.125(f), any person may there are no technically feasible petition the agency to request additions alternatives to the use of CFC’s in the Chlorofluorocarbon Propellants in to the list of uses considered essential. product. It included information Self-Pressurized Containers; Addition To demonstrate that the use of a CFC is showing that no alternative delivery to List of Essential Uses essential, the petition must be systems (e.g., the pneumatic atomizer) supported by an adequate showing that: can assure consistent sterility. The AGENCY: Food and Drug Administration, (1) There are no technically feasible petition also stated that Bryan is HHS. alternatives to the use of a CFC in the unaware of any appropriate substitute ACTION: Proposed rule. product; (2) the product provides a propellants (e.g., compressed gases). substantial health, environmental, or Also, the petition stated that the product SUMMARY: The Food and Drug other public benefit unobtainable provides a substantial health benefit Administration (FDA) is proposing to without the use of the CFC; and (3) the that would not be obtainable without grant the petition of Bryan Corp. (Bryan) use does not involve a significant the use of CFC’s. In this regard, the to add sterile aerosol talc to the list of release of CFC’s into the atmosphere or, petition contained information to products containing a if it does, the release is warranted by the support the use of this product in the chlorofluorocarbon (CFC) propellant for consequence if the use were not treatment of malignant pleural an essential use. Essential use products permitted. effusions, a condition in which fluid are exempt from FDA’s ban on the use EPA regulations implementing accumulates in the space between the of CFC propellants in FDA-regulated provisions of the Clean Air Act contain outside surface of the lung and the products and the Environmental a general ban on the use of CFC’s in inside surface of the chest wall (pleural Protection Agency’s (EPA’s) ban on the pressurized dispensers (40 CFR 82.64(c) cavity) as a result of involvement by an use of CFC’s in pressurized dispensers. and 82.66(d)). These regulations exempt underlying cancer. The petition also This document proposes to amend from the general ban ‘‘medical devices’’ provided information indicating that FDA’s regulations governing use of that FDA considers essential and that use of the product would involve a CFC’s to include sterile aerosol talc as are listed in § 2.125(e). Section 601(8) of limited release of CFC’s into the an essential use. the Clean Air Act (42 U.S.C. 7671(8)) atmosphere and the release is warranted DATES: Written comments by April 1, defines ‘‘medical device’’ as any device by the health benefits of the product. 1996. (as defined in the Federal Food, Drug, and Cosmetic Act), diagnostic product, III. FDA’S Review of the Petition ADDRESSES: Submit written comments drug (as defined in the Federal Food, The agency has tentatively decided to the Dockets Management Branch Drug, and Cosmetic Act), and drug that for many patients suffering from (HFA–305), Food and Drug delivery system, if such device, product, malignant pleural effusions, the use of Administration, 12420 Parklawn Dr., drug, or drug delivery system uses a sterile aerosol talc provides a special rm. 1–23, Rockville, MD 20857. class I or class II ozone-depleting benefit that would be unavailable FOR FURTHER INFORMATION CONTACT: substance for which no safe and without the use of CFC’s. Based on the Wayne H. Mitchell, Center for Drug effective alternative has been developed evidence currently before it, FDA also Evaluation and Research (HFD–7), Food (and where necessary, approved by the agrees that the use of CFC’s for this and Drug Administration, 7500 Standish Commissioner of Food and Drugs (the product does not involve a significant Pl., Rockville, MD 20855, 301–594– Commissioner)); and if such device, release of CFC’s into the atmosphere. 1049. product, drug, or drug delivery system Therefore, FDA is proposing to amend SUPPLEMENTARY INFORMATION: has, after notice and opportunity for § 2.125(e) to include sterile aerosol talc public comment, been approved and I. Background administered intrapleurally by determined to be essential by the thoracoscopy for human use in the list Under § 2.125 (21 CFR 2.125), any Commissioner in consultation with the of essential uses of CFC propellants. A food, drug, device, or cosmetic in a self- Administrator of EPA (the copy of this document has been pressurized container that contains a Administrator). Class I substances provided to the Administrator. CFC propellant for a nonessential use is include CFC’s, halons, carbon adulterated and/or misbranded under tetrachloride, methyl chloroform, IV. Analysis of Impacts the Federal Food, Drug, and Cosmetic methyl bromide, and other chemicals FDA has examined the impacts of the Act. This prohibition is based on not relevant to this document (see 40 proposed rule under Executive Order Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Proposed Rules 8003

12866 and the Regulatory Flexibility Act 2. Section 2.125 is amended by Administration and Management, Office (Pub. L. 96–354). Executive Order 12866 adding new paragraph (e)(15) to read as of the Secretary of Defense has directs agencies to assess all costs and follows: determined that this Privacy Act rule for benefits of available regulatory the Department of Defense does not alternatives and, when regulation is § 2.125 Use of chlorofluorocarbon constitute ‘significant regulatory action’. propellants in self-pressurized containers. necessary, to select regulatory Analysis of the rule indicates that it approaches that maximize net benefits * * * * * does not have an annual effect on the (including potential economic, (e) * * * economy of $100 million or more; does (15) Sterile aerosol talc administered environmental, public health and safety, not create a serious inconsistency or intrapleurally by thoracoscopy for and other advantages; distributive otherwise interfere with an action taken human use. impacts; and equity). The agency or planned by another agency; does not believes that this proposed rule is * * * * * materially alter the budgetary impact of consistent with the regulatory Dated: February 22, 1996. entitlements, grants, user fees, or loan philosophy and principles identified in William K. Hubbard, programs or the rights and obligations of the Executive Order. In addition, the Associate Commissioner for Policy recipients thereof; does not raise novel proposed rule is not a significant Coordination. legal or policy issues arising out of legal regulatory action as defined by the [FR Doc. 96–4714 Filed 2–29–96; 8:45 am] mandates, the President’s priorities, or Executive Order and so is not subject to BILLING CODE 4160±01±F the principles set forth in Executive review under the Executive Order. Order 12866 (1993). The Regulatory Flexibility Act Regulatory Flexibility Act of 1980. The requires agencies to analyze regulatory DEPARTMENT OF DEFENSE Director, Administration and options that would minimize any Management, Office of the Secretary of significant impact of a rule on small Office of the Secretary Defense certifies that this Privacy Act entities. Because the agency is not aware rule for the Department of Defense does of any adverse impact of this proposed 32 CFR Part 324 not have significant economic impact on rule will have on any small entities, the [DFAS Regulation 5400.11±R] a substantial number of small entities agency certifies that the proposed rule because it is concerned only with the will not have a significant economic Defense Finance and Accounting administration of Privacy Act systems of impact on a substantial number of small Service Privacy Act Program records within the Department of entities. Therefore, under the Regulatory Defense. AGENCY: Defense Finance and Flexibility Act, no further analysis is Paperwork Reduction Act. The required. Accounting Service, DOD. ACTION: Proposed rule. Director, Administration and V. Opportunity for Public Comment Management, Office of the Secretary of SUMMARY: This proposed rule Defense certifies that this Privacy Act Interested persons may, on or before establishes the Defense Finance and rule for the Department of Defense April 1, 1996, submit to the Dockets Accounting Service (DFAS) Privacy Act imposes no information requirements Management Branch (address above) Program. DFAS was established to beyond the Department of Defense and written comments regarding this provide finance and accounting services that the information collected within proposal. Two copies of any comments for the DoD Components and other the Department of Defense is necessary are to be submitted, except that Federal activities, as designated by the and consistent with 5 U.S.C. 552a, individuals may submit one copy. Comptroller, DoD. known as the Privacy Act of 1974. Comments are to be identified with the The Defense Finance and Accounting This proposed rule establishes the docket number found in brackets in the Service was activated on January 15, Defense Finance and Accounting heading of this document. Received 1991, to improve the overall Service (DFAS) Privacy Act Program. comments may be seen in the office effectiveness of DoD financial DFAS was established to provide above between 9 a.m. and 4 p.m., management through the consolidation, finance and accounting services for the Monday through Friday. standardization and integration of DoD Components and other Federal finance and accounting systems, List of Subjects in 21 CFR Part 2 activities, as designated by the procedures and operations. DFAS is also Comptroller, DoD. Administrative practice and responsible for identifying and procedure, Cosmetics, Devices, Drugs, implementing finance and accounting List of subjects in 32 CFR part 324 Foods. requirements, systems and functions for Therefore, under the Federal Food, appropriated and non-appropriated Privacy. Drug, and Cosmetic Act and under funds, as well as working capital, Accordingly, 32 CFR part 324 is authority delegated to the Commissioner revolving funds and trust fund added to read as follows: of Food and Drugs, it is proposed that activities--including security assistance. 21 CFR part 2 be amended as follows: DATES: Comments must be received by PART 324±DFAS PRIVACY ACT April 30, 1996, to be considered by the PROGRAM PART 2ÐGENERAL ADMINISTRATIVE agency. RULINGS AND DECISIONS Subpart A±General Information ADDRESSES: Send comments to the Defense Finance and Accounting 324.1 Issuance and purpose. 1. The authority citation for 21 CFR 324.2 Applicability and scope. part 2 continues to read as follows: Service, 1931 Jefferson Davis Highway, 324.3 Policy. Room 416, Arlington, VA 22240–5291. 324.4 Responsibilities. Authority: Secs. 201, 301, 305, 402, 408, FOR FURTHER INFORMATION CONTACT: Ms. 409, 501, 502, 505, 507, 512, 601, 701, 702, 704 of the Federal Food, Drug, and Cosmetic Genevieve Turney (703) 607–5165 or Subpart B±Systems of Records Act (21 U.S.C. 321, 331, 335, 342, 346a, 348, DSN 327–5165. 324.5 General information. 351, 352, 355, 357, 360b, 361, 371, 372, 374); SUPPLEMENTARY INFORMATION: Executive 324.6 Procedural rules. 15 U.S.C. 402, 409. Order 12866. The Director, 324.7 Exemption rules. 8004 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Proposed Rules

Subpart C±Individual Access to Records (1) Ensures the DFAS Privacy Act Privacy Act policy. Resolves any 324.8 Right of access. Program is implemented at all DFAS conflicts resulting from implementation 324.9 Notification of record’s existence. locations. of the DFAS Privacy Act Program 324.10 Individual requests for access. (2) The Director, DFAS, will be the policy. 324.11 Denials. Final Denial Appellate Authority. This (2) Serves as the DFAS single point of 324.12 Granting individual access to records authority may be delegated to the contact with the Department of Defense 324.13 Access to medical and psychological Director for Resource Management. Privacy Office. This duty may be records. (3) Appoints the Director for External delegated. 324.14 Relationship between the Privacy Act (3) Ensures that the collection, and the Freedom of Information Act. Affairs and Administrative Support, or a designated replacement, as the DFAS maintenance, use and/or dissemination Appendix A to part 324 – DFAS Reporting of records of identifiable personal Requirements Headquarters Privacy Act Officer. Appendix B to part 324 – System of Records (b) DFAS Headquarters General information is for a necessary and Notice Counsel. lawful purpose, that the information is Authority: Pub. L. 93–579, 88 Stat 1896 (5 (1) Ensures uniformity is maintained current and accurate for the intended U.S.C. 552a). in legal rulings and interpretation of the use and that adequate security Privacy Act. safeguards are provided. Subpart A ± General information (2) Consults with DoD General (4) Monitors system notices for agency Counsel on final denials that are systems of records. Ensures that new, § 324.1 Issuance and purpose. inconsistent with other final decisions amended, or altered notices are The Defense Finance and Accounting within DoD. Responsible to raise new promptly prepared and published. Service fully implements the policy and legal issues of potential significance to Reviews all notices submitted by the procedures of the Privacy Act and the other Government agencies. DFAS Privacy Act Officers for (3) Provides advice and assistance to DoD 5400.11-R 1, ‘Department of correctness and submits same to the the DFAS Director, Center Directors, Defense Privacy Program’ (see 32 CFR Department of Defense Privacy Office and the FSO as required, in the part 310). This regulation supplements for publication in the Federal Register. discharge of their responsibilities the DoD Privacy Program only to Maintains and publishes a listing of pertaining to the Privacy Act. establish policy for the Defense Finance DFAS Privacy Act system notices. (4) Acts as the DFAS focal point on (5) Establishes DFAS Privacy Act and Accounting Service (DFAS) and Privacy Act litigation with the reporting requirement due dates. provide DFAS unique procedures. Department of Justice. Compiles all Agency reports and § 324.2 Applicability and scope. (5) Reviews Headquarters’ denials of submits the completed annual report to initial requests and appeals. the Defense Privacy Office. DFAS This regulation applies to all DFAS, (c) DFAS Center Directors. reporting requirements are provided in Headquarters, DFAS Centers, the (1) Ensures that all DFAS Center Appendix A to this part. Financial System Organization (FSO), personnel, all personnel at subordinate (6) Conducts annual Privacy Act and other organizational components. It levels, and contractor personnel Program training for DFAS Headquarters applies to contractor personnel who working with personal data comply (HQ) personnel. Ensures that have entered a contractual agreement with the DFAS Privacy Act Program. subordinate DFAS Center and FSO with DFAS. Prospective contractors will (2) Serves as the DFAS Center Initial Privacy Act Officers fulfill annual be advised of their responsibilities Denial Authority for requests made as a training requirements. under the Privacy Act Program. result of denying release of requested (f) FSO and Financial System § 324.3 Policy. information at locations within DFAS Activities (FSAs) Legal Support. The Center authority. Initial denial authority FSO and subordinate FSA DFAS personnel will comply with the may not be redelegated. Initial denial organizational elements will be Privacy Act of 1974, the DoD Privacy appeals will be forwarded to the supported by the appropriate DFAS-HQ Program and the DFAS Privacy Act appropriate DFAS Center marked to the or DFAS Center General Counsel office. Program. Strict adherence is required to attention of the DFAS Center Initial (g) DFAS Center(s) Assistant General ensure uniformity in the Denial Authority. Counsel. implementation of the DFAS Privacy (d) Director, FSO. (1) Ensures uniformity is maintained Act Program and to create conditions (1) Ensures that FSO and subordinate in legal rulings and interpretation of the that will foster public trust. Personal personnel and contractors working with Privacy Act and this regulation. information maintained by DFAS personal data comply with the Privacy Consults with the DFAS-HQ General organizational elements will be Act Program. Counsel as required. safeguarded. Information will be made (2) Serves as the FSO Initial Denial (2) Provides advice and assistance to available to the individual to whom it Authority for requests made as a result the DFAS Center Director and the FSA pertains to the maximum extent of denying release of requested in the discharge of his/her practicable. Specific DFAS policy is information at locations within FSO responsibilities pertaining to the Privacy provided for Privacy Act training, authority. FSO Initial denial authority Act. responsibilities, reporting procedures may not be redelegated. (3) Coordinates on DFAS Center and and implementation requirements. (3) Appoints a Privacy Act Officer for the FSA denials of initial requests. DFAS Components will not define the FSO and each Financial System (h) DFAS Center Privacy Act Officer. policy for the Privacy Act Program. Activity (FSA). (1) Implements and administers the (e) DFAS Headquarters Privacy Act DFAS Privacy Act Program for all § 324.4 Responsibilities. Officer. personnel, to include contractor (a) Director, DFAS. (1) Establishes, issues and updates personnel, within the Center, Operating policy for the DFAS Privacy Act Locations (OpLocs) and Defense 1 Copies may be obtained at cost from the Program and monitors compliance. Accounting Offices (DAOs). National Technical Information Service, 5285 Port Serves as the DFAS single point of (2) Ensures that the collection, Royal Road, Springfield, VA 22161. contact on all matters concerning maintenance, use, or dissemination of Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Proposed Rules 8005 records of identifiable personal reply with other organizational elements (4) Complies with the publication information is in a manner that assures as required. requirements of DoD 5400.11-R, that such action is for a necessary and (4) Prepares denials and partial ‘Department of Defense Privacy lawful purpose; the information is denials for signature by the Director, Program’ (see 32 CFR part 310). Submits timely and accurate for its intended use; FSO and obtains required coordination final publication requirements to the and that adequate safeguards are with the assistant General Counsel. appropriate DFAS Privacy Act Officer. provided to prevent misuse of such Responses will include written (l) DFAS program manager(s). information. Advises the Program justification citing a specific exemption Reviews system alterations or Manager that systems notices must be or exemptions. amendments to evaluate for relevancy published in the Federal Register prior (5) Prepares input for the annual and necessity. Reviews will be to collecting or maintenance of the Privacy Act Report (RCS: DD- conducted annually and reports information. Submits system notices to DA&M(A)1379) as required using the prepared outlining the results and the DFAS-HQ Privacy Act Officer for guidelines provided in Appendix A to corrective actions taken to resolve review and subsequent submission to this part. problems. Reports will be forwarded to the Department of Defense Privacy (6) Conducts training on the DFAS the appropriate Privacy Act Officer. Office. Privacy Act Program for FSO personnel. (m) Federal government contractors. (3) Administratively controls and (j) DFAS employees. When a DFAS organizational element processes Privacy Act requests. Ensures (1) Will not disclose any personal contracts to accomplish an agency that the provisions of this regulation information contained in any system of function and performance of the and the DoD Privacy Act Program are records, except as authorized by this contract requires the operation of a followed in processing requests for regulation. system of records or a portion thereof, records. Ensures all Privacy Act requests (2) Will not maintain any official files DoD 5400.11-R, ‘Department of Defense are promptly reviewed. Coordinates the which are retrieved by name or other Privacy Program’ (see 32 CFR part 310) reply with other organizational elements personal identifier without first and this part apply. For purposes of as required. ensuring that a system notice has been criminal penalties, the contractor and its (4) Prepares denials and partial published in the Federal Register. employees shall be considered denials for the Center Director’s (3) Reports any disclosures of employees of DFAS during the signature and obtain required personal information from a system of performance of the contract. coordination with the assistant General records or the maintenance of any (1) Contracting Involving Operation of Counsel. Responses will include written system of records not authorized by this Systems of Records. Consistent with justification citing a specific exemption regulation to the appropriate Privacy Federal Acquisition Regulation (FAR) 2 or exemptions. Act Officer for action. and the DoD Supplement to the Federal (5) Prepares input for the annual (k) DFAS system managers (SM). Acquisition Regulation (DFAR) 3, Part Privacy Act Report as required using the (1) Ensures adequate safeguards have 224.1, contracts involving the operation guidelines provided in Appendix A to been established and are enforced to of a system of records or portion thereof this part. prevent the misuse, unauthorized shall specifically identify the record (6) Conducts training on the DFAS disclosure, alteration, or destruction of system, the work to be performed and Privacy Act Program for Center personal information contained in shall include in the solicitations and personnel. system records. resulting contract such terms (i) FSO Privacy Act Officer. (2) Ensures that all personnel who specifically prescribed by the FAR and (1) Implements and administers the have access to the system of records or DFAS Privacy Act Program for all DFAR. are engaged in developing or (2) Contracting. For contracting personnel, to include contractor supervising procedures for handling subject to this part, the Agency shall: personnel, within the FSO. records are totally aware of their (2) Ensures that the collection, (i) Informs prospective contractors of responsibilities to protect personal their responsibilities under the DFAS maintenance, use, or dissemination of information established by the DFAS records of identifiable personal Privacy Act Program. Privacy Act Program. (ii) Establishes an internal system for information is in a manner that assures (3) Evaluates each new proposed that such action is for a necessary and reviewing contractor performance to system of records during the planning ensure compliance with the DFAS lawful purpose; the information is stage. The following factors should be timely and accurate for its intended use; Privacy Act Program. considered: (3) Exceptions. This rule does not and that adequate safeguards are (i) Relationship of data to be collected apply to contractor records that are: provided to prevent misuse of such and retained to the purpose for which (i) Established and maintained solely information. Advises the Program the system is maintained. All to assist the contractor in making Manager that systems notices must be information must be relevant to the internal contractor management published in the Federal Register prior purpose. decisions, such as records maintained to collecting or maintenance of the (ii) The impact on the purpose or by the contractor for use in managing information. Submits system notices to mission if categories of information are the contract. the DFAS-HQ Privacy Act Officer for not collected. All data fields must be (ii) Maintained as internal contractor review and subsequent submission to necessary to accomplish a lawful employee records, even when used in the Department of Defense Privacy purpose or mission. conjunction with providing goods or Office. (iii) Whether informational needs can services to the agency. (3) Administratively controls and be met without using personal processes Privacy Act requests. Ensures (4) Contracting procedures. The identifiers. Defense Acquisition Regulatory Council that the provisions of this regulation (iv) The disposition schedule for and the DoD Privacy Act Program are information. 2 Copies may be obtained at cost from the followed in processing requests for (v) The method of disposal. Superintendent of Documents, PO Box 37195, records. Ensure all Privacy Act requests (vi) Cost of maintaining the Pittsburgh, PA 15250–7954. are promptly reviewed. Coordinate the information. 3 See footnote 2 to § 324.4(m)(1) 8006 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Proposed Rules is responsible for developing the DFAS Privacy Act Officer to the an exemption, which may contain specific policies and procedures for Department of Defense Privacy Office. isolated items of properly classified soliciting, awarding, and administering Appendix B to this part provides the information contracts. correct format. Guidance may be (1) General exemptions. [Reserved] (5) Disclosing records to contractors. obtained from the DFAS-HQ and DFAS (2) Specific exemptions. [Reserved] Disclosing records to a contractor for Center Records Managers on the use in performing a DFAS contract is preparation of procedural rules for Subpart C ± Individual Access to considered a disclosure within DFAS. publication. Records The contractor is considered the agent § 324.7 Exemption rules. § 324.8 Right of access. of DFAS when receiving and maintaining the records for the agency. (a) Submitting proposed exemption The provisions of DoD 5400.11-R, rules. Each proposed exemption rule ‘Department of Defense Privacy Subpart B ± Systems of Records submitted for publication in the Federal Program’ (see 32 CFR part 310) apply to Register must contain: The agency all DFAS personnel about whom records § 324.5 General information. identification and name of the record are maintained in systems of records. (a) The provisions of DoD 5400.11-R, system for which an exemption will be All information that can be released ‘Department of Defense Privacy established; The subsection(s) of the consistent with applicable laws and Program’ (see 32 CFR part 310) apply to Privacy Act which grants the agency regulations should be made available to all DFAS systems of records. DFAS authority to claim an exemption for the the subject of record. Privacy Act Program Procedural Rules, system; The particular subsection(s) of DFAS Exemption Rules and System of the Privacy Act from which the system § 324.9 Notification of record's existence. Record Notices are the three types of will be exempt; and the reasons why an All DFAS Privacy Act Officers shall documents relating to the Privacy Act exemption from the particular establish procedures for notifying an Program that must be published in the subsection identified in the preceding individual, in response to a request, if Federal Register. subparagraph is being claimed. No the system of records contains a record (b) A system of records used to exemption to all provisions of the pertaining to him/her. retrieve records by a name or some other Privacy Act for any System of records personal identifier of an individual will be granted. Only the Director, § 324.10 Individual requests for access. must be under DFAS control for DFAS may make a determination that an Individuals shall address requests for consideration under this regulation. exemption should be established for a access to records to the appropriate DFAS will maintain only those Systems system of record. Privacy Act Officer by mail or in person. of Records that have been described (b) Submitting exemption rules for Requests for access should be through notices published in the publication. Exemption rules must be acknowledged within 10 working days Federal Register. published in the Federal Register first after receipt and provided access within (1) First amendment guarantee. No as proposed rules to allow for public 30 working days. Every effort will be records will be maintained that describe comment, then as final rules. No system made to provide access rapidly; how individuals exercise their rights of records shall be exempt from any however, records cannot usually be guaranteed by the First Amendment provision of the Privacy Act until the made available for review on the day of unless maintenance of the record is exemption rule has been published in request. Requests must provide expressly authorized by Statute, the the Federal Register as a final rule. The information needed to locate and individual or for an authorized law DFAS Privacy Act Officer will submit identify the record, such as individual enforcement purpose. proposed exemption rules, in proper identifiers required by a particular (2) Conflicts. In case of conflict, the format, to the Defense Privacy Office, for system, to include the requester’s full provisions of DoD 5400.11-R take review and submission to the Federal name and social security number. precedence over this supplement or any Register for publication. Amendments DFAS directive or procedure concerning to exemption rules are submitted in the § 324.11 Denials. the collection, maintenance, use or same manner as the original exemption Only a designated denial authority disclosure of information from rules. may deny access. The denial must be in individual records. (c) Exemption for classified records. writing. (3) Record system notices. Record Any record in a system of records maintained by the Defense Finance and § 324.12 Granting individual access to system notices are published in the records. Federal Register as notices and are not Accounting Service which falls within subject to the rule making procedures. the provisions of 5 U.S.C. 552a(k)(1) (a) The individual should be granted The public must be given 30 days to may be exempt from the following access to the original record (or exact comment on any proposed routine uses subsections of 5 U.S.C. 552a: (c)(3), (d), copy) without any changes or deletions. prior to implementing the system of (e)(1), (e)(4)(G)-(e)(4)(I) and (f) to the A record that has been amended is record. extent that a record system contains any considered the original. (4) Amendments. Amendments to record properly classified under (b) The DFAS component that system notices are submitted in the Executive Order 12589 and that the maintains control of the records will same manner as the original notices. record is required to be kept classified provide an area where the records can in the interest of national defense or be reviewed. The hours for review will § 324.6 Procedural rules. foreign policy. This specific exemption be set by each DFAS location. DFAS procedural rules (regulations rule, claimed by the Defense Finance (c) The custodian will require having a substantial and direct impact and Accounting Service under authority presentation of identification prior to on the public) must be published in the of 5 U.S.C. 552a(k)(1), is applicable to providing access to records. Acceptable Federal Register first as a proposed rule all systems of records maintained, identification forms include military or to allow for public comment and then including those individually designated government civilian identification as a final rule. Procedural rules will be for an exemption herein as well as those cards, driver’s license, or other similar submitted through the appropriate not otherwise specifically designated for photo identification documents. Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Proposed Rules 8007

(d) Individuals may be accompanied 6. Total number of Amendment is used, or if the addresses in the by a person of their own choosing when Requests Granted in part: directory are incomplete, the address of reviewing the record; however, the 7. Total number of Amendment each location where a portion of the custodian will not discuss the record in Requests wholly denied: record system is maintained must the presence of the third person without 8. The results of reviews undertaken appear under the ‘system location’ written authorization. in response to paragraph 3a of caption. (e) On request, copies of the record Appendix I to OMB Circular A-130 4. e. Classified addresses shall not be will be provided at a cost of $.15 per listed but the fact that they are classified page. Fees will not be assessed if the Appendix B to part 324±System of Records shall be indicated. cost is less that $30.00. Individuals Notice f. The U.S. Postal Service two-letter requesting copies of their official The following data captions are state abbreviation and the nine-digit zip personnel records are entitled to one required for each system of records code shall be used for all domestic free copy and then a charge will be notice published in the Federal addresses. assessed for additional copies. Register. An explanation for each 6. Categories of individuals covered caption is provided. by the system. Use clear, non technical § 324.13 Access to medical and 1. System identifier. The system terms which show the specific psychological records. identifier must appear in all system categories of individuals to whom Individual access to medical and notices. It is limited to 21 positions, records in the system pertain. Broad psychological records should be including agency code, file number, descriptions such as ‘all DFAS provided, even if the individual is a symbols, punctuation, and spaces. personnel’ or ‘all employees’ should be minor, unless it is determined that 2. Security classification. Self avoided unless the term actually reflects access could have an adverse effect on explanatory. (DoD does not publish this the category of individuals involved. the mental or physical health of the caption. However, each agency is 7. Categories of records in the system. individual. In this instance, the responsible for maintaining the Use clear, non technical terms to individual will be asked to provide the information.) describe the types of records maintained name of a personal physician, and the 3. System name. The system name in the system. The description of record will be provided to that must indicate the general nature of the documents should be limited to those physician in accordance with guidance system of records and, if possible, the actually retained in the system of in Department of Defense 5400.11-R, general category of individuals to whom records. Source documents used only to ‘Department of Defense Privacy it pertains. Acronyms should be collect data and then destroyed should Program’ (see 32 CFR part 310). established parenthetically following not be described. the first use of the name (e.g., ‘Field 8. Authority for maintenance of the § 324.14 Relationship between the Privacy system. The system of records must be Act and the Freedom of Information Act. Audit Office Management Information authorized by a Federal law or Access requests that specifically state System (FMIS)’). Acronyms shall not be used unless preceded by such an Executive Order of the President, and or reasonably imply that they are made the specific provision must be cited. under FOIA, are processed pursuant to explanation. The system name may not exceed 55 character positions, including When citing federal laws, include the the DFAS Freedom of Information Act popular names (e.g., ‘5 U.S.C. 552a, The Regulation. Access requests that punctuation and spaces. 4. Security classification. This Privacy Act of 1974’) and for Executive specifically state or reasonably imply Orders, the official titles (e.g., ‘Executive that they are made under the PA are category is not published in the Federal Register but is required to be kept by the Order 9397, Numbering System for processed pursuant to this regulation. Federal Accounts Relating to Individual Access requests that cite both the FOIA Headquarters Privacy Act Officer. 5. System location. a. For a system Persons’). and the PA are processed under the Act 9. Purpose(s). The specific purpose(s) that provides the greater degree of maintained in a single location, provide the exact office name, organizational for which the system of records was access. Individual access should not be created and maintained; that is, the uses denied to records otherwise releasable identity, routing symbol, and full mailing address. Do not use acronyms in of the records within DFAS and the rest under the PA or the FOIA solely of the Department of Defense should be because the request does not cite the the location address. b. For a geographically or listed. appropriate statute. The requester 10. Routine uses of records organizationally decentralized system, should be informed which Act was used maintained in the system, including describe each level of organization or in granting or denying access. categories of users and purposes of the element that maintains a portion of the uses. All disclosures of the records Appendix A to part 324±DFAS Reporting system of records. outside DoD, including the recipient of Requirements c. For an automated data system with the disclosed information and the uses By February 1, of each calendar year, a central computer facility and input or the recipient will make of it should be DFAS Centers and Financial Systems output terminals at geographically listed. If possible, the specific activity or Organizations will provide the DFAS separate locations, list each location by element to which the record may be Headquarters Privacy Act Officer with category. disclosed (e.g., ‘to the Department of the following information: d. If multiple locations are identified Veterans Affairs, Office of Disability 1. Total number of access requests by type of organization, the system Benefits’) should be listed. General granted in whole: location may indicate that official statements such as ‘to other Federal 2. Total number of access requests mailing addresses are published as an Agencies as required’ or ‘to any other granted in part: appendix to the agency’s compilation of appropriate Federal Agency’ should not 3. Total number of access requests systems of records notices in the be used. The blanket routine uses, wholly denied: Federal Register. If no address directory 4. Total number of access requests for published at the beginning of the which no record was found: 4 Copies available from the Office of Personnel agency’s compilation, applies to all 5. Total number of Amendment Management, 1900 E. Street, Washington, DC system notices, unless the individual Requests Granted in whole: 20415. system notice states otherwise. 8008 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Proposed Rules

11. Disclosure to consumer reporting 18. Notification procedures. (1) Act, it should be so stated. If the system agencies: This entry is optional for Notification procedures describe how an has not been exempted, this caption certain debt collection systems of individual can determine if a record in must describe where DFAS obtained the records. the system pertains to him/her. If the information maintained in the system. 12. Policies and practices for storing, record system has been exempted from Describing the record sources in general retrieving, accessing, retaining, and the notification requirements of terms is sufficient; specific individuals, disposing of records in the system. This subsection (f)(l) or subsection (e)(4)(G) organizations, or institutions need not section is divided into four parts. of the Privacy Act, it should be so be identified. 13. Storage: The method(s) used to stated. If the system has not been 22. Exemptions claimed for the store the information in the system (e.g., exempted, the notice must provide system. If no exemption has been ‘automated, maintained in computers sufficient information to enable an established for the system, indicate and computer output products’ or individual to request notification of ‘None.’ If an exemption has been ‘manual, maintained in paper files’ or whether a record in the system pertains established, state under which provision ‘hybrid, maintained in paper files and in to him/her. Merely referring to a DFAS of the Privacy Act it is established (e.g., computers’) should be stated. Storage regulation is not sufficient. This section ‘Portions of this system of records may does not refer to the container or facility should also include the title (not the be exempt under the provisions of 5 in which the records are kept. name) and address of the official U.S.C. 552a(k)(2).’) 14. Retrievability: How records are (usually the Program Manager) to whom Dated: February 26, 1996. retrieved from the system (e.g., ‘by the request must be directed; any name,’ ‘by SSN,’ or ‘by name and SSN’) specific information the individual must should be indicated. provide in order for DFAS to respond to L.M. Bynum, 15. Safeguards: The categories of the request (e.g., name, SSN, date of Alternate OSD Federal Register Liaison agency personnel who use the records birth, etc.); and any description of proof Officer, Department of Defense. of identity for verification purposes and those responsible for protecting the [FR Doc. 96–4750 Filed 2–29–96; 8:45 am] required for personal visits by the records from unauthorized access BILLING CODE 5000±04±F should be stated. Generally the methods requester. 19. Record access procedures. This used to protect the records, such as section describes how an individual can safes, vaults, locked cabinets or rooms, review the record and obtain a copy of ENVIRONMENTAL PROTECTION guards, visitor registers, personnel it. If the system has been exempted from AGENCY screening, or computer ‘fail-safe’ access and publishing access procedures systems software should be identified. under subsections (d)(1) and (e)(4)(H), 40 CFR Part 52 Safeguards should not be described in respectively, of the Privacy Act, it such detail as to compromise system [CA 71±8±6938b; FRL±5424±1] should be so indicated. If the system has security. not been exempted, describe the Approval and Promulgation of State 16. Retention and disposal: Describe procedures an individual must follow in Implementation Plans; California State how long records are maintained. When order to review the record and obtain a Implementation Plan Revision, Kern appropriate, the length of time records copy of it, including any requirements County Air Pollution Control District, are maintained by the agency in an for identity verification. If appropriate, Sacramento Metropolitan Air Quality active status, when they are transferred the individual may be referred to the Management District to a Federal Records Center, how long system manager or another DFAS they are kept at the Federal Records official who shall provide a detailed AGENCY: Environmental Protection Center, and when they are transferred to description of the access procedures. Agency (EPA). the National Archives or destroyed Any addresses already listed in the ACTION: Proposed rule. should be stated. If records eventually address directory should not be are destroyed, the method of destruction repeated. SUMMARY: EPA is proposing to approve (e.g., shredding, burning, pulping, etc.) 20. Contesting records procedures. revisions to the California State should be stated. If the agency rule is This section describes how an Implementation Plan (SIP) which cited, the applicable disposition individual may challenge the denial of concern the control of oxides of nitrogen schedule shall also be identified. access or the contents of a record that (NOx) emissions from the operations of 17. System manager(s) and address. pertains to him or her. If the system of stationary gas turbines and the removal The title (not the name) and address of record has been exempted from of a rule from the SIP that controls NOx the official or officials responsible for allowing amendments to records or emissions from steam generators used in managing the system of records should publishing amendment procedures the oil production operations. be listed. If the title of the specific under subsections (d)(1) and (e)(4)(H), The intended effect of proposing official is unknown, such as with a local respectively, of the Privacy Act, it approval of these rules is to regulate system, the local director or office head should be so stated. If the system has emissions of NOx in accordance with as the system manager should be not been exempted, this caption the requirements of the Clean Air Act, indicated. For geographically separated describes the procedures an individual as amended in 1990 (CAA or the Act). or organizationally decentralized must follow in order to challenge the In the Final Rules Section of this activities with which individuals may content of a record pertaining to him/ Federal Register, the EPA is approving correspond directly when exercising her, or explain how he/she can obtain the state’s SIP revision as a direct final their rights, the position or title of each a copy of the procedures (e.g., by rule without prior proposal because the category of officials responsible for the contacting the Program Manager or the Agency views this as a noncontroversial system or portion thereof should be appropriate DFAS Privacy Act Officer). revision amendment and anticipates no listed. Addresses that already are listed 21. Record source categories: If the adverse comments. A detailed rationale in the agency address directory or system has been exempted from for this approval is set forth in the direct simply refer to the directory should not publishing record source categories final rule. If no adverse comments are be included. under subsection (e)(4)(I) of the Privacy received in response to this proposed Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Proposed Rules 8009 rule, no further activity is contemplated Dated: January 30, 1996. section of this Federal Register. Copies in relation to this rule. If EPA receives Felicia Marcus, of the request and the USEPA’s analysis adverse comments, the direct final rule Regional Administrator. are available for inspection at the will be withdrawn and all public [FR Doc. 96–4572 Filed 2–29–96; 8:45 am] following address: (It is recommended comments received will be addressed in BILLING CODE 6560±50±P that you telephone Christos Panos at a subsequent final rule based on this (312) 353–8328 before visiting the proposed rule. The EPA will not Region 5 Office.) institute a second comment period on 40 CFR Part 52 United States Environmental Protection this document. Any parties interested in [MI44±01±7147b; FRL±5408±6] Agency, Region 5, Air and Radiation commenting on this action should do so Division, Air Toxics and Radiation Branch, at this time. Approval and Promulgation of 77 West Jackson Boulevard, Chicago, Illinois DATES: Comments on this proposed rule Implementation Plans; Michigan 60604–3590. must be received in writing by April 1, Authority: 42 U.S.C. 7401–7671(q). 1996. AGENCY: Environmental Protection Dated: December 14, 1995. ADDRESSES: Written comments on this Agency (USEPA). Valdas V. Adamkus, action should be addressed to: Daniel A. ACTION: Proposed rule. Regional Administrator. Meer, Rulemaking Section (A–5–3), Air [FR Doc. 96–4849 Filed 2–29–96; 8:45 am] and Toxics Division, U.S. SUMMARY: In this action, USEPA BILLING CODE 6560±50±P Environmental Protection Agency, proposes to approve the State Region 9, 75 Hawthorne Street, San Implementation Plan (SIP) revision for the Wayne County, Michigan, Francisco, CA 94105–3901. 40 CFR Part 52 Copies of the rules and EPA’s particulate matter nonattainment area. evaluation report of each rule are The SIP submittal consists of State [MD3±1±7132, MD25±2±6170; FRL±5432±5] available for public inspection at EPA’s Administrative Rule 374 (R 336.1374), Region 9 office during normal business effective July 26, 1995, and is intended Approval and Promulgation of Air hours. Copies of the submitted rules are to satisfy the contingency measures Quality Implementation Plans; also available for inspection at the requirement specified in section Maryland; Major VOC Source RACT following locations: 172(c)(9) of the Clean Air Act. In the and Minor VOC Source Requirements final rules section of this Federal California Air Resources Board, AGENCY: Environmental Protection Register, USEPA is approving the SIP Stationary Source Division, Rule Agency (EPA). revision as a direct final rule without Evaluation Section, 2020 ‘‘L’’ Street, ACTION: Proposed rule. Sacramento, CA 95814. prior proposal, because the Agency Kern County Air Pollution Control views this as a noncontroversial SUMMARY: EPA is proposing conditional District, 2700 M Street, Suite 290, revision amendment and anticipates no approval of State Implementation Plan Bakersfield, CA 93301. adverse comments. A detailed rationale (SIP) revisions submitted by the State of Sacramento Metropolitan Air Quality for the approval is set forth in the direct Maryland. These revisions pertain to Management District, 8411 Jackson final rule. If no adverse comments are Maryland’s major source volatile Road, Sacramento, CA 95826. received in response to this proposed organic compound (VOC) reasonably FOR FURTHER INFORMATION CONTACT: rule, no further activity is contemplated available control technology (RACT) Daniel A. Meer, Rulemaking Section (A– in relation to this proposed rule. If regulation and minor VOC source 5–3), Air and Toxics Division, U.S. USEPA receives adverse comments, the requirements. The RACT regulation Environmental Protection Agency, direct final rule will be withdrawn and applies to major VOC sources that are Region 9, 75 Hawthorne Street, San all public comments received will be not covered by Maryland’s category Francisco, CA 94105–3901, Telephone: addressed in a subsequent final rule specific VOC RACT regulations. The (415) 744–1185. based on this proposed rule. The minor source requirements apply to SUPPLEMENTARY INFORMATION: This USEPA will not institute a second smaller VOC sources that are not document concerns Kern County Air comment period on this action. Any covered by RACT regulations. EPA is Pollution Control District’s (KCAPCD) parties interested in commenting on this proposing approval of these SIP Rule 425, Cogeneration Gas Turbine action should do so at this time. revisions on the condition that the State Engines (Oxides of Nitrogen), and DATES: Comments on this proposed of Maryland certifies that it has Sacramento Metropolitan Air Quality action must be received by April 1, determined and imposed RACT for all Management District’s (SMAQMD) Rule 1996. the major VOC sources covered by the 413, Stationary Gas Turbines. The rule ADDRESSES: Written comments should VOC RACT regulation, and has being removed from the SIP is KCAPCD be sent to: Carlton T. Nash, Chief, submitted those enforceable RACT Rule 425, Oxides of Nitrogen Emissions Regulation Development Section, Air determinations to EPA as SIP revisions. from Steam Generators Used in Toxics and Radiation Branch (AT–18J), That certification must be made by the Thermally Enhanced Oil Recovery— USEPA Region 5, 77 West Jackson Maryland Department of the Western Kern County Fields. The Boulevard, Chicago, Illinois 60604– Environment by no later than one year KCPACD rules were submitted by the 3590. from the date EPA promulgates final California Air Resources Board (CARB) FOR FURTHER INFORMATION CONTACT: conditional approval of this SIP to EPA on November 18, 1993 and the Christos Panos, Regulation Development revision. If the State fails to do so, that SMAQMD rule was submitted on June Section, Air Toxics and Radiation final conditional approval will convert 16, 1995. For further information, please Branch (AT–18J), USEPA Region 5, 77 to a disapproval. This action is being see the information provided in the West Jackson Boulevard, Chicago, taken in accordance with the SIP Direct Final action which is located in Illinois 60604, (312) 353–8328. submittal and revision provisions of the the Rules Section of this Federal SUPPLEMENTARY INFORMATION: For Act. Register. additional information, see the Direct DATES: Comments must be received on Authority: 42 U.S.C. 7401–7671q. Final rule which is located in the Rules or before April 1, 1996. 8010 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Proposed Rules

ADDRESSES: Comments may be mailed to deficiencies in Maryland’s Stage I Vapor the Maryland portion of pre-enactment Marcia L. Spink, Associate Director, Air, Recovery regulation. This rulemaking Washington, DC nonattainment areas Radiation, and Toxics Division, action pertains only to the amendments with the potential to emit ≥ 100 TPY of Mailcode 3AT00, U.S. Environmental contained in Maryland’s June 8, 1993 VOC and which were not subject to Protection Agency, Region III, 841 submittal related to its generic major COMAR 26.11.11, 26.11.13, or Chestnut Building, Philadelphia, VOC source RACT regulation and its 26.11.19.03–.15, Maryland’s category- Pennsylvania 19107. Copies of the minor VOC source regulations, COMAR specific VOC RACT regulations. documents relevant to this action are 26.11.19.02G and COMAR 26.11.06.06, Subsequently, Maryland revised its available for public inspection during respectively. All other regulations generic major source VOC RACT normal business hours at the Air, contained in the June 8, 1993 submittal regulation to comply with the RACT Radiation, and Toxics Division, U.S. were the subject of a separate Catch-up provisions of section 182(b)(2) Environmental Protection Agency, rulemaking action. (See 60 FR 2018.) of the Act. The regulation was revised Region III, 841 Chestnut Building, As required by 40 CFR 51.102, the to make it applicable statewide and to Philadelphia, Pennsylvania 19107; and State of Maryland has certified that apply to ‘‘major stationary sources of the Maryland Department of the public hearings with regard to these VOC’’ rather than to VOC sources that Environment, 2500 Broening Highway, proposed revisions were held in have the potential to emit ≥ 100 TPY. Baltimore, Maryland, 21224. Maryland on October 11, 1990 in The term ‘‘major stationary source of FOR FURTHER INFORMATION CONTACT: Annapolis, Maryland and on November VOC,’’ COMAR 26.11.19.01B(4), is Maria A. Pino, (215) 597–9337, at the 17, 18, and 20, 1992 in Frederick, defined as any stationary source with EPA Region III office, or via e-mail at Centreville, and Columbia, respectively. the potential to emit: (a) 25 TPY of VOC [email protected]. While EPA is soliciting public comments on or more in the City of Baltimore and information may be requested via e- the issues discussed in this document or Anne Arundel, Baltimore, Carroll, Cecil, mail, comments must be submitted in on other relevant matters. These Harford, and Howard Counties, and (b) writing to the above Region III address. comments will be considered before 50 TPY in the remainder of the State. taking final action. Interested parties Approval of the addition of this term to SUPPLEMENTARY INFORMATION: On April may participate in the federal Maryland’s SIP was the subject of a 5, 1991, the State of Maryland formally rulemaking procedure by submitting separate rulemaking action. (See 60 FR submitted amendments to its air quality written comments to the EPA Regional 2018.) regulations to EPA as a SIP revision. office listed in the ADDRESSES section of Furthermore, Maryland revised Among the amendments submitted were this document. COMAR 26.11.19.02G to require non- revisions to COMAR 26.11.06.06, CTG generic VOC sources to notify Maryland’s minor VOC source I. Background Maryland by August 15, 1993 if they are requirements. Also included in To comply with the RACT provisions major sources subject to RACT. Under Maryland’s April 5, 1991 SIP revision of the Act, Maryland was required to Maryland’s regulation, these sources request was the addition of COMAR expand its RACT regulations to apply were required to submit a written RACT 26.11.19.02G, which requires RACT for statewide. It had to adopt all RACT proposal and schedule for compliance major sources of VOC that are not regulations for all VOC sources for by November 15, 1993. These sources covered by Maryland’s category specific which EPA has published a Control must comply with RACT, as determined VOC RACT regulations. Throughout the Techniques Guideline (CTG) and all by Maryland, by no later than May 15, remainder of this notice, COMAR major non-CTG VOC sources (so-called 1995. Upon Maryland’s approval of a 26.11.19.02G shall be termed generic VOC sources) with the potential RACT proposal, the regulation requires Maryland’s generic major source VOC to emit ≥ 25 TPY in Cecil County and the State to either amend the source’s RACT regulation. All other amendments the Baltimore nonattainment area and ≥ permit to operate to incorporate the submitted to EPA in Maryland’s April 5, 50 TPY in the remainder of the State. RACT conditions, adopt a regulation 1991 SIP revision request have been These major non-CTG sources are that reflects the RACT requirement, or approved into Maryland’s SIP through subject to Maryland’s generic VOC issue an order that includes the RACT separate rulemaking actions. (See 58 FR RACT regulation. requirement. Finally, COMAR 63085, 59 FR 60908 and 60 FR 2018.) 26.11.19.02G states that Maryland will This rulemaking action only pertains to II. EPA Evaluation and Proposed submit all RACT determinations to EPA the portion of Maryland’s April 5, 1991 Action for approval via the federal rulemaking submittal related to the addition of The following is EPA’s evaluation and process for incorporation into the SIP. COMAR 26.11.19.02G, Maryland’s proposed action for the State of Maryland’s minor VOC source generic major VOC source RACT Maryland. Detailed descriptions of the regulation, COMAR 26.11.06.06, was regulation, and revisions to COMAR amendments addressed in this also submitted as part of Maryland’s 26.11.06.06, Maryland’s minor VOC document, and EPA’s evaluation of the RACT Fix-ups. (See 58 FR 50307.) This source requirements. amendments, are contained in the regulation was applicable in the On June 8, 1993, the Maryland technical support document (TSD) Baltimore and the Maryland portion of Department of the Environment again prepared for these revisions. Copies of the pre-enactment Washington, DC submitted amendments to its air quality the TSD are available from the EPA nonattainment areas. This regulation regulations to EPA as a SIP revision. Regional office listed in the ADDRESSES exempted sources which were subject to The June 8, 1993 submittal establishes section of this document. other VOC regulations, including RACT statewide applicability for Maryland’s State Submittal: Maryland’s generic as established by Maryland pursuant to major VOC source generic RACT major source VOC RACT regulation, COMAR 26.11.19.02G. regulation and category specific VOC COMAR 26.11.19.02G, was originally Maryland amended COMAR RACT regulations, lowers the submitted to EPA on April 5, 1991 to 26.11.06.06A (Applicability) to expand applicability threshold for VOC RACT comply with the RACT Fix-up the applicability of COMAR regulations, expands the geographic requirements of section 182(a)(2) of the 26.11.06.06C-E (VOC-Water Separators, applicability of Maryland’s minor VOC Act. COMAR 26.11.19.02G required VOC Disposal, and Exceptions) source requirements, and corrects RACT for sources in the Baltimore and statewide. Additionally, Maryland’s Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Proposed Rules 8011 minor source regulation, COMAR regulations, and has found that they do request for revision to any SIP. Each 26.11.06.06B (Control of VOC from not fully comply with the Act’s major request for revision to the SIP shall be Installations), was revised to add new source RACT requirements. considered separately in light of specific requirements for sources located in However, in a letter dated February 7, technical, economic, and environmental Cecil County and the counties which 1996, Maryland affirmed that it will factors and in relation to relevant were added to the Maryland portion of submit all RACT determinations for statutory and regulatory requirements. the Washington, DC nonattainment area, major sources of VOC in the state, and Under the Regulatory Flexibility Act, namely Calvert, Charles, and Frederick will provide a written statement to EPA 5 U.S.C. 600 et seq., EPA must prepare Counties. Sources in these newly that, to the best of its knowledge, there a regulatory flexibility analysis regulated areas, Calvert, Cecil, Charles, are no other sources subject to the RACT assessing the impact of any proposed or and Frederick Counties, are required to requirement. final rule on small entities. 5 U.S.C. 603 reduce their VOC emissions by 85 Therefore, EPA is proposing approval and 604. Alternatively, EPA may certify percent overall. Finally, COMAR of this SIP revision on the condition that that the rule will not have a significant 26.11.06.06A was revised to exempt the Maryland Department of the impact on a substantial number of small sources ‘‘subject to the provisions of’’ Environment certifies that it has entities. Small entities include small Maryland’s generic major source VOC determined and imposed RACT for the businesses, small not-for-profit RACT regulation, COMAR 26.11.19.02G, major VOC sources covered by COMAR enterprises, and government entities from the requirements of COMAR 26.11.19.02G, and has submitted those with jurisdiction over populations of 26.11.06.06. Thus, sources subject to enforceable and approvable RACT less than 50,000. COMAR 26.11.19.02G, which have not determinations to EPA as SIP revisions. Conditional approvals of SIP yet had a RACT determination approved If the State fails to do so, that final submittals under section 110 and by Maryland, are not subject to any VOC conditional approval will convert to a subchapter I, part D of the Act do not emission standard. disapproval using the mechanism create any new requirements but simply EPA’s Evaluation: Through revisions described below. approve requirements that the State is made to Maryland general VOC Proposed Action: Pursuant to section already imposing. Therefore, because regulation, COMAR 26.11.06.06, its 110(k)(4) of the Act, EPA is proposing the Federal SIP approval does not geographic applicability was expanded, to approve, conditionally, the addition impose any new requirements, I certify resulting in the regulation of sources of and subsequent revisions to COMAR that it does not have a significant impact which were previously not regulated. 26.11.19.02G and the revisions to on any small entities affected. Moreover, However, other specific amendments to COMAR 26.11.06.06A and B submitted due to the nature of the Federal-State COMAR 26.11.06.06, found at by the State of Maryland on April 5, relationship under the Act, preparation 26.11.06.06A, narrowed the 1991 and June 8, 1993. In order to of a flexibility analysis would constitute applicability of COMAR 26.11.06.06B receive a full approval for meeting the Federal inquiry into the economic such that certain sources in Maryland’s non-CTG RACT requirement, the reasonableness of state action. The pre-enactment nonattainment areas that Maryland Department of the Clean Air Act forbids EPA to base its were previously subject to COMAR Environment must certify that it has actions concerning SIPs on such 26.11.06.06B are no longer covered by determined and imposed approvable grounds. Union Electric Co. v. U.S. EPA, any enforceable emissions limit until RACT standards for its major non-CTG 427 U.S. 246, 255–66 (1976); 42 U.S.C. such time as Maryland approves RACT VOC sources, pursuant to COMAR 7410(a)(2). standards for them pursuant to the 26.11.19.02G, and submitted those If the conditional approval is requirements its generic major VOC approvable RACT rules to EPA as SIP converted to a disapproval under RACT regulation, COMAR 26.11.19.02G. revisions. If the State submits the case- section 110(k), based on the State’s This results in a lapse of coverage for by-case RACT rules, the conditional failure to meet the commitment, it will previously regulated non-CTG generic approval will remain in place until such not affect any existing state sources major VOC sources in the State time as EPA takes final action approving requirements applicable to small of Maryland. or disapproving the case-by-case SIP entities. Federal disapproval of the state Maryland’s generic major source VOC revisions. When EPA determines that submittal does not affect its state- RACT regulation, COMAR 26.11.19.02G, Maryland has submitted approvable enforceability. Moreover, EPA’s requires all case-by-case, category- case-by-case RACT determinations for disapproval of the submittal does not specific or source-specific RACT its non-CTG major VOC sources, EPA impose a new Federal requirement. requirements to be submitted as SIP will convert the conditional approval to Therefore, EPA certifies that this revisions to EPA. It does not, itself, a full approval. A document will be disapproval action does not have a contain enforceable RACT standards for published in the Federal Register significant impact on a substantial these major non-CTG VOC sources. announcing that the SIP revision has number of small entities because it does Because COMAR 26.11.19.02G does not, been fully approved. If Maryland fails to not remove existing requirements nor in and of itself, fully satisfy the Act’s submit approvable rules, the EPA does it substitute a new federal requirements requiring for RACT on all Regional Administrator will make a requirement. major VOC sources, it is not finding, by letter, that the conditional Under section 202 of the Unfunded unconditionally approvable. The Act’s approval is converted to a disapproval Mandates Reform Act of 1995 major source RACT requirements will and the clock for imposition of (‘‘Unfunded Mandates Act’’), signed be fully satisfied only when Maryland sanctions under section 179(a) of the into law on March 22, 1995, EPA must determines and imposes actual RACT Act will start as of the date of the letter. prepare a budgetary impact statement to standards on the generic sources and Subsequently, a document will be accompany any proposed or final that submits those RACT determinations to published in the Federal Register includes a Federal mandate that may EPA as SIP revisions. announcing that the SIP revision has result in estimated costs to State, local, EPA has evaluated Maryland’s generic been disapproved. or tribal governments in the aggregate; major source VOC RACT regulation and Nothing in this action should be or to the private sector, of $100 million its minor VOC source regulations for construed as permitting or allowing or or more. Under section 205, EPA the consistency with the Act and EPA establishing a precedent for any future most cost-effective and least 8012 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Proposed Rules burdensome alternative that achieves National Priorities List; Request for I. Introduction the objectives of the rule and is Comments. The U.S. Environmental Protection consistent with statutory requirements. Agency (EPA) Region V announces its Section 203 requires EPA to establish a SUMMARY: The United States intent to delete the Kummer Sanitary plan for informing and advising any Environmental Protection Agency (U.S. Landfill Site from the National Priorities small governments that may be EPA) Region V announces its intent to List (NPL), which constitutes Appendix significantly or uniquely impacted by delete the Kummer Sanitary Landfill B of the National Oil and Hazardous the rule. Site from the National Priorities List Substances Pollution Contingency Plan EPA has determined that the (NPL) and requests public comment on (NCP), and requests comments on the conditional approval action proposed this action. The NPL constitutes proposed deletion. The EPA identifies does not include a Federal mandate that Appendix B of 40 CFR part 300 which sites that may present a significant risk may result in estimated costs of $100 is the National Oil and Hazardous to public health, welfare or the million or more to either State, local, or Substances Pollution Contingency Plan environment, and maintains the NPL as tribal governments in the aggregate, or (NCP), which U.S. EPA promulgated the list of those sites. Sites on the NPL to the private sector. This Federal action pursuant to Section 105 of the may be the subject of remedial actions proposes to conditionally approve pre- Comprehensive Environmental financed by the Hazardous Substance existing requirements under State or Response, Compensation, and Liability Superfund Response Trust Fund (Fund) local law, and imposes no new Federal Act of 1980 (CERCLA) as amended. This or by responsible parties. Pursuant to requirements. Accordingly, no action is being taken by U.S. EPA and Section 300.425(e)(3) of the NCP, any additional costs to State, local, or tribal the State of Minnesota. Both Agencies site deleted from the NPL remains governments, or to the private sector, have determined that no further Federal eligible for Fund-financed remedial result from this action. response under CERCLA is appropriate. actions if the conditions at the site This action has been classified as a Any necessary future response actions warrant such action. Table 3 action under the SIP processing will be undertaken by the State under The U.S. EPA will accept comments guidelines of the July 10, 1995 the Minnesota Landfill Law enacted in on this proposal for thirty (30) days after memorandum from the Assistant 1994. publication of this notice in the Federal Administrator for Air and Radiation. Register. Table 3 actions are delegated for DATES: Comments concerning the Section II of this notice explains the Regional Administrator decision and proposed deletion of the Site from the criteria for deleting sites from the NPL. signoff. The OMB has exempted this NPL may be submitted on or before Section III discusses procedures that regulatory action from E.O. 12866 April 1, 1996. EPA is using for this action. Section IV discusses the history of this site and review. ADDRESSES: Comments may be mailed to explains how the site meets the deletion The Regional Administrator’s Terry Roundtree (SR–6J), Remedial criteria. decision to approve or disapprove this Project Manager or Gladys Beard (SR– SIP revision, pertaining to Maryland’s Deletion of sites from the NPL does 6J), Associate Remedial Project not itself create, alter, or revoke any major source VOC RACT and minor Manager, Office of Superfund, U.S. EPA, VOC source requirements, will be based individual’s rights or obligations. Region V, 77 W. Jackson Blvd., Chicago, Furthermore, deletion from the NPL on whether it meets the requirements of IL 60604. Comprehensive information section 110(a)(2)(A)-(K), and Part D of does not in any way alter U.S. EPA’s on the site is available at U.S. EPA’s right to take enforcement actions, as the Clean Air Act, as amended, and EPA Region V office and at the local regulations in 40 CFR Part 51. appropriate. The NPL is designed information repository located at: The primarily for informational purposes List of Subjects in 40 CFR Part 52 Bemidji City Library, 6th and Beltrami, and to assist in Agency management. Bemidji, MN 56601. Requests for Environmental protection, Air comprehensive copies of documents II. NPL Deletion Criteria pollution control, Hydrocarbons, should be directed formally to the Intergovernmental relations, Ozone, The NCP establishes the criteria the Region V Docket Office. The address Reporting and recordkeeping Agency uses to delete Sites from the and phone number for the Regional requirements. NPL. In accordance with 40 CFR Docket Officer is Jan Pfundheller (H–7J), 300.425(e), sites may be deleted from Authority: 42 U.S.C. 7401–7671q. U.S. EPA, Region V, 77 W. Jackson the NPL where no further response is Dated: February 16, 1996. Blvd., Chicago, IL 60604, (312) 353– appropriate. In making this Stanley L. Laskowski, 5821. determination, U.S. EPA will consider, Acting Regional Administrator, Region III. in consultation with the State, whether FOR FURTHER INFORMATION CONTACT: any of the following criteria have been [FR Doc. 96–4832 Filed 2–29–96; 8:45 am] Gladys Beard (SR–6J), Associate BILLING CODE 6560±50±P met: Remedial Project Manager, Office of (i) Responsible parties or other Superfund, U.S. EPA, Region V, 77 W. persons have implemented all Jackson Blvd., Chicago, IL 60604, (312) 40 CFR Part 300 appropriate response actions required; 886–7253 or Cheryl Allen (P–19J), or Office of Public Affairs, U.S. EPA, [FRL±5433±2] (ii) All appropriate Fund-financed Region V, 77 W. Jackson Blvd., Chicago, responses under CERCLA have been National Oil and Hazardous IL 60604, (312) 353–6196. implemented, and no further response Substances Pollution Contingency SUPPLEMENTARY INFORMATION: action by responsible parties is Plan; National Priorities List appropriate; or Table of Contents (iii) The Remedial investigation has AGENCY: Environmental Protection I. Introduction shown that the release poses no Agency. II. NPL Deletion Criteria significant threat to public health or the ACTION: Notice of intent to delete the III. Deletion Procedures environment and, therefore, remedial Kummer Sanitary Landfill from the IV. Basis for Intended Site Deletion measures are not appropriate. Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Proposed Rules 8013

III. Deletion Procedures letters from MDH on August 29, 1984, which provides no exposure of Upon determination that at least one which notified them that they should contaminated ground water to potential of the criteria described in 300.425(e) discontinue the use of their private receptors. The major components of the has been met, U.S. EPA may formally wells for drinking and cooking amended remedy for OU3 include: • Installation of a pilot scale field begin deletion procedures once the State purposes. demonstration to determine the has concurred. This Federal Register Because of the complexity of work at feasibility of insitu biodegradation of notice, and a concurrent notice in the the Kummer Sanitary Landfill, the the chemicals of concern; local newspaper in the vicinity of the activities at the site have been divided into three operable units, which are: • Installation of a full scale insitu Site, announce the initiation of a 30-day bioremediation system after one year of comment period. The public is asked to Operable Unit 1. Northern Township operation of the pilot scale field comment on U.S. EPA’s intention to Municipal Water System Operable Unit 2. Source Control of demonstration if necessary to meet the delete the Site from the NPL. All critical Maximum Contaminant Level (MCL) for documents needed to evaluate U.S. contaminants emanating from the landfill Operable Unit 3. Management of the chemicals of concern located in ground EPA’s decision are included in the contaminated ground water water; information repository and the deletion • Long term monitoring of ground docket. On June 12, 1985, a Record of water to verify that the concentrations of Upon completion of the public Decision (ROD) for Operable Unit 1 was the chemicals of concern are continuing comment period, if necessary, the U.S. signed which selected an alternative to decline and to measure performance EPA Regional Office will prepare a water supply as the remedial action. of the pilot scale field demonstration Responsiveness Summary to evaluate The selected remedy provided for an and or full scale insitu bioremediation and address comments that were extension of the existing public water system; received. The public is welcome to supply from the city of Bemidji. • Continued observance of the contact the U.S. EPA Region V Office to Construction of the water system began Minnesota Health Department Well obtain a copy of this responsiveness in June 1987, and was completed in the Advisory which regulates the location of summary, if one is prepared. If U.S. EPA summer of 1990. A total of 198 future potable wells near the Site; then determines the deletion from the connections to individual homes, • Institutional Controls in the form of NPL is appropriate, final notice of businesses, and a mobile home park Site access restrictions that protect the deletion will be published in the were completed in operable unit one. remedy; and operation and maintenance Federal Register. Due to the complexity of the site, the of the remedy, including periodic RI investigation was completed in IV. Basis for Intended Site Deletion inspection of the Site. phases. The Final RI Report was The public accepted the remedy in The Kummer Landfill Sanitary is approved in May 1990. The Source the 1990 OU3 ROD. A public located in Northern Township, Beltrami Control Operable Unit (Operable Unit 2) information meeting was held by the County, Minnesota and borders the city FS was completed in September 1988. State of Minnesota on June 5, 1995, in of Bemidji. The Northern township has On September 30, 1988, a second ROD Northern Township to inform interested an estimated population of 3,997 in was signed which selected a cover parties on the amend remedy and the 1993 and contains a large mobile home system for the landfill as the remedial State ’s desire to amend the 1990 ROD. park which is located east and southeast action for Operable Unit 2. The selected There were no strong comments against of the Site. The Kummer Landfill waste remedy included a low permeability the change in the remedy. occupies approximately 23 acres in the cap, site deed restrictions, fencing and In 1994, the Legislature of the State of southern portion of the township and is long-term operation and maintenance to Minnesota enacted the Landfill Cleanup about 750 feet from the nearest provide inspections and repairs to the Law, Minn. Laws 1994, ch. 639, codified residence. The landfill is situated above cap. The Construction of the cap was at Minn. Stat. § § 115B.39 to 115B.46 a shallow surficial sand aquifer which completed in October 1991. (the Act), authorizing the Commissioner serves as a primary source of drinking The Ground Water Operable unit of the Minnesota Pollution Control water for the area. (Operable Unit 3) RI/FS was completed Agency (MPCA) to assume In June 1984, the Site was placed on in July, 1990. Three ground water responsibility for future environmental the National Priorities List (NPL), monitoring programs were completed, response actions at qualified landfills Federal Register 51 page 21071. and eight rounds of data were collected. that have received notices of On September 29, 1984, the U. S. EPA The results revealed that VOCs were compliance from the Commissioner of and MPCA executed a Cooperative being introduced into the shallow MPCA. Additionally, the Act Agreement for implementing a Remedial ground water by the landfill. However, established funds to enable the MPCA to Investigation/Feasibility Study (RI/FS). ground water monitoring has shown perform all necessary response, Following the discovery of ground water that the plume does not extend to Lake operation and maintenance at such contamination, a Determination of Bemidji. landfills. At sites where no responsible Emergency was issued by the MPCA on On September 29, 1990, a third ROD parties are conducting response actions July 17, 1984. This permitted the was signed which selected a remedy under CERCLA, MPCA is responsible expenditure of State Superfund money that included ground water extraction for issuing a notice of compliance, after for a temporary water supply for for an estimated period of 30 years, it determines that all work that could be affected residents. The Minnesota during which the system’s performance expected under a state order or under Department of Health (MDH) and MPCA would be carefully monitored on a state closure requirements has been delineated a three and one-half block regular basis and adjusted as warranted completed. area east of the landfill as a well by the performance data collected A notice of compliance was issued by advisory area. On August 28, 1994, the during operation. MPCA for the Kummer Sanitary Landfill MPCA authorized the expenditure of On November 21, 1995, a ROD Site on November 7, 1995. MPCA has State Superfund money for a focused FS Amendment was signed concerning the since assumed all responsibility for the on a water system for the advisory area. ground water Operable unit (OU3). The Kummer Landfill under the Act. Eighty-one property owners received remedy selected was bioremediation Therefore, no further response actions 8014 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Proposed Rules under CERCLA are appropriate at this FOR FURTHER INFORMATION CONTACT: is currently known only from Santa time. Consequently, U.S EPA proposed Leslie K. Shapiro, Mass Media Bureau, Cruz County, California. The five known to delete the site from the NPL. (202) 418–2180. populations may be threatened by the EPA, with concurrence from the State SUPPLEMENTARY INFORMATION: This is a following factors: habitat fragmentation of Minnesota, has determined that all synopsis of the Commission’s Notice of and destruction due to urban appropriate Fund-financed responses Proposed Rule Making, MM Docket No. development, habitat degradation due to under CERCLA at the Kummer Sanitary 96–19, adopted February 6, 1996, and invasion of non-native vegetation, and Landfill Superfund Site have been released February 20, 1996. The full text vulnerability to stochastic local completed, and no further CERCLA of this Commission decision is available extirpations. However, the Service finds response is appropriate in order to for inspection and copying during that the information presented in the provide protection of human health and normal business hours in the FCC petition, in addition to information in the environment. Therefore, EPA Reference Center (Room 239), 1919 M the Service’s files, does not provide proposes to delete the site from the NPL. Street, NW., Washington, DC. The conclusive data on biological vulnerability and threats to the species Dated: February 20, 1996. complete text of this decision may also be purchased from the Commission’s and/or its habitat. Available information Valdas V. Adamkus, does not confirm that the species is Regional Administrator, U.S. EPA, Region V. copy contractor, International Transcription Services, Inc., (202) 857– limited to a specific habitat type. After [FR Doc. 96–4830 Filed 2–29–96; 8:45 am] 3800, 2100 M Street, NW., Suite 140, review of all available scientific and BILLING CODE 6560±50±P Washington, DC 20037. commercial information, the Service Provisions of the Regulatory determines that listing is not warranted Flexibility Act of 1980 do not apply to for the Ohlone tiger beetle at this time. DATES: The finding announced in this FEDERAL COMMUNICATIONS this proceeding. Members of the public should note document was made on November 9, COMMISSION that from the time a Notice of Proposed 1995. Comments and information 47 CFR Part 73 Rule Making is issued until the matter concerning this finding may be is no longer subject to Commission submitted until further notice. consideration or court review, all ex ADDRESSES: Data, information, [MM Docket No. 96±19; RM±8744] parte contacts are prohibited in comments or questions concerning this Television Broadcasting Services; Commission proceedings, such as this petition finding may be submitted to the Geneseo, NY one, which involve channel allotments. Field Supervisor, Ventura Field Office, See 47 CFR 1.1204(b) for rules U.S. Fish and Wildlife Service, 2493 AGENCY: Federal Communications governing permissible ex parte contacts. Portola Road, Suite B, Ventura, Commission. For information regarding proper California 93003. The petition, finding, ACTION: Proposed rule. filing procedures for comments, see 47 supporting data and comments are CFR 1.415 and 1.420. available for public inspection, by SUMMARY: The Commission requests List of Subjects in 47 CFR Part 73 appointment, during normal business comments on a petition filed by Renard hours at the above address. Communications Corp. seeking the Television broadcasting. FOR FURTHER INFORMATION CONTACT: Carl allotment of UHF TV Channel 39– to Federal Communications Commission. Benz, Assistant Field Supervisor, Geneseo, NY, as the community’s first John A Karousos, Listing and Recovery (See ADDRESSES local television transmission service. Chief, Allocations Branch, Policy and Rules section) at 805/644–1766. Channel 39– can be allotted to Geneseo Division, Mass Media Bureau. in compliance with the Commission’s SUPPLEMENTARY INFORMATION: [FR Doc. 96–4787 Filed 2–29–96; 8:45 am] minimum distance separation Background requirements with a site restriction of BILLING CODE 6712±01±F Section 4(b)(3)(B) of the Endangered 21.4 kilometers (13.3 miles) east, at Species Act of 1973, as amended (16 coordinates 42–46–10 North Latitude U.S.C. 1531 et seq.), requires that, for and 77–33–21 West Longitude, to avoid DEPARTMENT OF THE INTERIOR any petition to revise the Lists of a short-spacing to TV Channel 39+ at Fish and Wildlife Service Endangered and Threatened Wildlife Kitchener, Ontario. Canadian and Plants that contains substantial concurrence is required since Geneseo 50 CFR Part 17 scientific and commercial information, is located within 400 kilometers (250 the Service make a finding within 12 miles) of the U.S.-Canadian border. This Endangered and Threatened Wildlife months of the date of receipt of the proposed allotment is not affected by and Plants; 12-Month Finding for a petition whether the petitioned action is the Commission’s freeze on new Petition To List the Ohlone Tiger (a) not warranted, (b) warranted, or (3) allotments in certain metropolitan areas. Beetle as Endangered warranted but precluded from DATES: Comments must be filed on or AGENCY: Fish and Wildlife Service, immediate proposal by other pending before April 12, 1996, and reply Interior. proposals. Such 12-month findings are comments on or before April 29, 1996. ACTION: Notice of 12-month petition to be published promptly in the Federal ADDRESSES: Federal Communications finding. Register. Commission, Washington, DC 20554. In On February 18, 1993, the Service addition to filing comments with the SUMMARY: The Fish and Wildlife Service received a petition from Randall Morgan FCC, interested parties should serve the (Service) announces a 12-month finding of Soquel, California requesting that the petitioner, or its counsel or consultant, on a petition to list the Ohlone tiger Service add the Ohlone tiger beetle as follows: Craig L. Fox, President, beetle (Cicindela ohlone) as endangered (Cicindela ohlone) to the list of Renard Communications Corp. 4853 pursuant to the Endangered Species Act threatened and endangered species Manor Hill Drive, Syracuse, New York (Act) of 1973, as amended. The Ohlone pursuant to the Act. The petition 13215–1336 (Petitioner). tiger beetle was discovered in 1990 and specified endangered status because of Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Proposed Rules 8015 the beetle’s limited distribution, Two principal features distinguishing from southwestern San Mateo County to specialized habitat requirements, and the Ohlone tiger beetle from other northwestern Monterey County, threats from proposed residential species of tiger beetles are its early California (Freitag et al. 1993). Much of developments and other habitat seasonal adult activity period, and its this habitat has been destroyed, disturbances. A 90-day finding was disjunct distribution. While other tiger degraded, and fragmented by urban made by the Service that the petition beetle species, such as Cicindela development and invasion of non-native presented substantial information purpurea, are active during spring, vegetation. Currently, the extent of indicating that the requested action may summer, or early fall (Nagano 1980, habitat that is potentially suitable for be warranted. The 90-day finding was Freitag et al. 1993), the Ohlone tiger the Ohlone tiger beetle is estimated at announced in the Federal Register on beetle is active from late January to early 200 to 300 acres in Santa Cruz County, January 27, 1994 (59 FR 3830). A status April (Freitag et al. 1993). The Ohlone California (Freitag et al. 1993). However, review was initiated. tiger beetle is also the southernmost restriction of the species to these habitat The Service has reviewed the petition, member of its related group of tiger parameters has not been demonstrated the literature cited in the petition, other beetles (Freitag et al. 1993). These and the occurrence of the Ohlone tiger available literature and information, and unusual characteristics may, in part beetle beyond this range is not known. consulted with biologists and account for the lack of historical Barry Knisley (entomologist, Randolph- researchers familiar with tiger beetles. collections of the species. Collectors Macon College, pers. comm. 1995) On the basis of the best available would not expect to find tiger beetles suggests that soil type, rather than plant scientific and commercial information, during late winter or in the Santa Cruz community, may define the range and the Service finds that listing the Ohlone area. However, because Cicindela is a emphasized the need for additional field tiger beetle (Cicindela ohlone) as very popular insect genus to collect (C. work to verify soil relationships. endangered is not warranted. Nagano, U.S. Fish and Wildlife Service, Extensive range-wide surveys have not The Ohlone tiger beetle is a member pers. comm. 1993), and because been conducted. of the Coleopteran family Cicindelidae entomologists commonly collect out of The five known populations face (tiger beetles), which includes more season and out of known ranges in order threats from habitat fragmentation and than 2,000 species worldwide and more to find temporally and spatially outlying destruction due to urban development, than 100 species in the United States specimens, one would expect more habitat degradation due to invasion of (Pearson and Cassola 1992). Tiger specimens to have been collected if the non-native vegetation, and vulnerability beetles are crepuscular, predatory Ohlone tiger beetle were more to stochastic local extirpations. insects that prey on small arthropods. widespread and common. A limited, Collection, pesticides, and recreational Tiger beetle species occur in many localized occurrence of the species may use of habitat are recognized as different habitats including riparian also help explain why the Ohlone tiger potential threats. However, the Service habitats, beaches, dunes, woodlands, beetle was not discovered until 1990. grasslands, and other open areas Currently, the known adult Ohlone concludes that life history information (Pearson 1988, Knisley and Hill 1992). tiger beetle habitat is characterized by and survey data are currently A common habitat component appears open native grassland, with California inadequate to conclusively determine to be open sunny areas that are used by oatgrass (Danthonia californica) and that the Ohlone tiger beetle is restricted tiger beetles for hunting and purple needlegrass (Stipa pulchra), on to the described habitat. Listing the thermoregulation (Knisley et al. 1990, level or nearly level slopes. Substrate is species as either endangered or Knisley and Hill 1992). Individual shallow, pale, poorly drained clay or threatened is not warranted at this time species are generally highly habitat sandy clay soil that bakes to a hard crust because sufficient information is not specific because of larval sensitivity to by summer, after winter and spring available indicating that the species is soil moisture, composition, and rains cease (Freitag et al. 1993). Habitat clearly in danger of extinction or temperature (Pearson 1988, Pearson and for oviposition by females and expected to become so in the foreseeable Cassola 1992, Kaulbars and Freitag subsequent larval development is future. The Ohlone tiger beetle is a 1993). unknown. species of concern to the Service and The Ohlone tiger beetle was first The historic range of the Ohlone tiger additional information regarding the described in 1993 from specimens beetle cannot be precisely assessed status, range, and habitat of adult and collected near Soquel, Santa Cruz because the species was only recently larval forms will continue to be County, California in 1990. Currently, discovered, and no historic specimens solicited. five populations have been found and or records are available. The earliest If additional data become available in both male and female specimens have specimen recorded was collected from a the future, the Service may reassess the been collected. The larvae of the Ohlone site northwest of Santa Cruz in 1987 candidate status and listing priority for tiger beetle have yet to be seen or (Freitag et al. 1993). Based on available this species or the need for listing. collected, but are presumed to be information on topography, substrates, References Cited similar to other tiger beetle species. soils, and vegetation, potential suitable Collection of Ohlone tiger beetles has habitat for the Ohlone tiger beetle may Freitag, R., D.H. Kavanaugh and R. Morgan. 1993. A new species of Cicindela occurred only in Santa Cruz County, have been more extensive and (Cicindela) (Coleoptera: Carabidae: where populations are known only from continuous than at present. If, indeed, Cicindelini) from remnant native coastal terraces supporting remnant the beetle is restricted to coastal terraces grassland in Santa Cruz County, patches of native grassland habitat on of clay or sandy clay soils, then based California. The Coleopterists Bulletin clay and sandy clay soils. on soil maps, it may once have extended 47:113–120. 8016 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Proposed Rules

Kaulbars, M.M. and R. Freitag. 1993. DATES: The finding announced in this United States fisher populations may be Geographical variation, classification, document was made on November 22, warranted. reconstructed phylogeny, and 1995. Historically, fishers ranged from geographical history of the Cicindela ADDRESSES: Data, information, northern British Columbia, Canada, into sexguttata group (Coleoptera: central California in the Pacific region, Cicindelidae). The Canadian comments or questions concerning this and into Idaho, Montana and Wyoming Entomologist 125:267–316. petition should be submitted to the Knisley, C.B. and J.M. Hill. 1992. Effects of Western Washington Office, U.S. Fish in the Rocky Mountains. In the central habitat change from ecological and Wildlife Service, 3704 Griffin Lane United States, fishers may have been distributed as far south as southern succession and human impacts on tiger S.E., Suite 102, Olympia, Washington beetles. Virginia Journal of Science Illinois, and in the eastern states, fishers 98501. The petition, finding, supporting 43:133–142. occurred as far south as North Carolina data, and comments are available for Knisley, C.B., T.D. Schultz and T.H. and Tennessee in the Appalachian public inspection, by appointment, Hasewinkel. 1990. Seasonal activity and Mountains (Powell and Zielinski 1994). thermoregulatory behavior of Cicindela during normal business hours at the During the late 1800s and early 1900s, patruela (Coleoptera: Cicindelidae). above address. Annals of the Entomological Society of fishers were extirpated over much of America 83:911–915. FOR FURTHER INFORMATION CONTACT: their range in both the United States and Nagano, C.D. 1980. Population status of the David C. Frederick, Supervisor (see Canada. Overtrapping and logging are tiger beetles of the genus Cicindela ADDRESSES above), at (360) 753–9440. believed to have been the primary cause (Coleoptera: Cicindelidae) inhabiting the SUPPLEMENTARY INFORMATION: of that decline (Powell and Zielinski marine shoreline of southern California. 1994). Atala 8:33–42. Background Fishers today occur across the Pearson, D.L. 1988. Biology of Tiger Beetles. Annual Review of Entomology 33:123– Section 4(b)(3)(A) of the Endangered Canadian provinces (Banci 1989). In the 147. Species Act of 1973, as amended (Act) Pacific States, fishers still occur in the Pearson, D.L. and F. Cassola. 1992. World- (16 U.S.C. 1531 et seq.), requires that the Cascade Range and Okanogan Highlands wide species richness patterns of tiger Service make a finding on whether a of Washington State, and are probably beetles (Coleoptera: Cicindelidae): still present in the Olympic Mountains indicator taxon for biodiversity and petition to list, delist or reclassify a species presents substantial scientific or (Aubry and Houston 1992). The status of conservation studies. Conservation the fisher in Washington is believed to Biology 6:376–391. commercial information indicating that the petitioned action may be warranted. be ‘‘very rare’’ although distribution Author: The primary author of this notice patterns between 1955–1979 and 1980– is Carl Benz, Ventura Field Office (see To the maximum extent practicable, this 1991 were similar (Aubry and Houston ADDRESSES section) (telephone 805/644– finding is to be made within 90 days of 1992). Little is known of the status in 1766). the date the petition was received, and Oregon, although sightings are the finding is to be published promptly Authority extremely rare. Powell and Zielinski in the Federal Register. If the finding is The authority for this action is the (1994) report that fishers have recently that substantial information was Endangered Species Act of 1973, as amended been detected by remote camera just (16 U.S.C. 1531 et seq.). presented, the Service also is required to west of the Cascade Crest in southern Dated: November 9, 1995. commence a review of the status of the Oregon. In California, the fishers in the species involved if one has not already John G. Rogers, Sierra Nevada appear to be isolated from been initiated under the Service’s Acting Director, Fish and Wildlife Service. the animals in the northwestern part of internal candidate assessment process. [FR Doc. 96–4802 Filed 2–29–96; 8:45 am] the state (Powell and Zielinski 1994). BILLING CODE 4310±55±P On December 29, 1994, a petition to Though the Sierran fishers may be doing list the fisher (Martes pennanti) in the well (Powell and Zielinski 1994), western United States was received by California Fish and Game biologists 50 CFR Part 17 the Service. The petition, dated have expressed concern over their long December 22, 1994, was submitted by term viability (pers. comm. in Gibilisco Endangered and Threatened Wildlife D.C. ‘‘Jasper’’ Carlton, Director for the 1994). Fishers in northwestern and Plants; 90-Day Finding for a Biodiversity Legal Foundation, Boulder, California have apparently remained Petition To List the Fisher in the Colorado. The petition requested listing stable since early in this century, and Western United States as Threatened of two fisher populations in the western several researchers suggest this AGENCY: Fish and Wildlife Service, United States (Washington, Oregon, population may have the highest Interior. California, Idaho, Montana and abundance of all the populations in the Wyoming) as threatened species. The ACTION: Notice of 90-day petition western United States (Powell and petition stated that two fisher finding. Zielinski 1994) and it may increase in populations from the Pacific Coast and the near future (Gibilisco 1994). SUMMARY: The Fish and Wildlife Service northern Rocky Mountain areas of the In the Rocky Mountains, fishers occur (Service) announces a 90-day finding for western United States are vulnerable to in central Idaho and northwestern a petition to list the fisher (Martes extirpation due to habitat loss and Montana; successful reintroductions pennanti) in the western United States fragmentation of late-successional and have occurred in both states (Gibilisco as threatened under the Endangered old-growth forests from road 1994). Although some reintroductions Species Act of 1973, as amended. The construction and logging, threats from have been unsuccessful (Powell and Service finds that the petition did not direct and incidental trapping, and the Zielinski 1994, Roy 1991), fisher present substantial information effects of small population size. populations in the Rocky Mountains indicating that the two fisher After a review of the above may be more stable than those in the populations in the western United information, and based on the best Pacific States (Powell and Zielinski States requested to be listed constitute scientific and commercial information 1994). Fishers are occasionally sighted distinct vertebrate population segments. available, the Service finds the petition in Wyoming, but have always been rare Therefore, the Service makes a negative does not present substantial information (Biodiversity Legal Foundation 1994). finding on this petition. indicating that listing two western Fisher populations have increased in Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Proposed Rules 8017 many areas in the eastern United States (1994) state that the contiguous range of the population warranted listing since trapping seasons were closed in fishers across North America allows free throughout the entire range of the the 1930s and 1940s over much of the interchange of genes. The petition states species within the conterminous United species range, in combination with that the unsuitable habitat of the Great States. The ‘‘United States population’’ several successful reintroduction efforts Plains separates fishers in the western was not broken down into in the eastern and central states. In United States from mid-west and subpopulations. As was stated in the Canada, fisher are relatively abundant in northeastern United States populations. petition finding for the North Cascades the eastern provinces; however, in However, the continuity of the fisher’s lynx (Felis lynx canadensis) (58 FR British Columbia (i.e., western Canada), range through Canada, and between 36924), ‘‘ ‘[d]istinct population populations are low, and the trapping Canada and the United States, provides segments’ listed as endangered or season has recently been closed for genetic exchange throughout North threatened species typically consist of: (Province of British Columbia, undated). America. Under the Act, the Service may list a In the past, the Service questioned (1) Populations that are reproductively species that is in danger of extinction whether the Pacific subspecies of the isolated from other members of the (endangered), or likely to become an fisher (Martes pennanti pacifica) was a species, or (2) the entire United States endangered species within the distinct subspecies and designated it as population of the species.’’ The Service foreseeable future (threatened) a category 2 candidate species for which is not required to make a decision based throughout all or a significant portion of there was not sufficient information on solely on the existence of an its range. The term ‘‘species’’ is defined biological vulnerability and threats to international boundary through the under the Act to include ‘‘subspecies justify a proposed listing. The range of a species. Service policy has ** * and any distinct population designation of Category 2 species as allowed for the flexibility to delimit segment of any species of vertebrate fish candidates has resulted in confusion international boundary populations if or wildlife which interbreeds when about the listing status of these taxa. To that listing is in the best interest of the mature’’ (16 U.S.C. 1532 (16)). The Act’s reduce that confusion, the designation species. In the case of the fisher, the legislative history indicates a of Category 2 species has been petition did not provide sufficient Congressional intent that populations be discontinued by the Service. The information concerning the control of listed only ‘‘sparingly’’ (Senate Report Service now regards these species as exploitation, management of habitat, 151, 96th Congress, 1st Session). On species of concern but not as candidates conservation status or regulatory December 21, 1994, the Service and the for listing. mechanisms in Canada to allow the National Marine Fisheries Service Furthermore, the taxonomic Service to make a determination of the jointly published a draft policy distinctness of fisher subspecies appropriateness of delimiting the regarding distinct vertebrate population including the Pacific fisher is segments (59 FR 65884). In determining questionable. Recent literature cited in western United States population of the whether groups of vertebrate fish or the petition (Heinemeyer and Jones fisher based on the international wildlife are distinct population 1994, Powell and Zielinski 1994) refutes boundary between Canada and the segments, the Service has, consistent the distinctness of the putative United States. with the draft policy, considered subspecies. Powell and Zielinski (1994) In summary, the Service finds that the whether (1) the population is discrete, state that ‘‘[t]he continuous range of the petition does not present substantial and (2) the population is significant to fisher across North America, allowing information indicating that the fishers the species as a whole. free interchange of genes, is consistent in the Pacific Coast and Rocky The petition requested listing the with a lack of valid subspecies.’’ The Mountain areas of the western United fisher in the western United States and petition does not address the Pacific States are distinct vertebrate population its two populations: The Pacific Coast Coast fishers as a separate subspecies segments listable under the Act. and Rocky Mountain populations. The and does not provide new information However, because available information petition claimed that ‘‘fisher in the to support listing those animals either as Pacific Coast and Rocky Mountain states a subspecies as a distinct population indicates fishers have experienced are geographically separate and distinct under the Act. declines in the past, and may be from each other * * * and from The petition further argues that the vulnerable to the removal and remaining fisher populations to the east Pacific Coast and Rocky Mountain fragmentation of mature/old-growth in the remainder of the contiguous groups of fishers warrant listing based habitat and incidental trapping United States.’’ In 1991, the Service on the Service’s precedent with other pressure, the Service will continue to viewed the Pacific fisher as ‘‘probably populations, comparing these groups of treat the entire fisher species (Martes genetically, though not fishers with other listed populations pennanti) as a species of concern. morphometrically distinct from the such as the woodland caribou (Rangifer Moreover, the Service will continue to Rocky Mountain form’’ (56 FR 1159). tarandus caribou), grizzly bear (Ursus accept information on the status and The best scientific evidence available arctos), bald eagle (Haliaeetus threats to the fisher. today indicates that the range of the leucocephalus) and gray wolf (Canis fisher is contiguous across Canada, with lupus). The petition correctly states that References Cited peninsular extensions projecting these populations were listed in the Aubry, K. B., and D. B. Houston. 1992. southward into the United States in the lower 48 states despite the fact that the Distribution and status of the fisher Pacific States, Rocky Mountains, and species occur more commonly in (Martes pennanti) in Washington. the central and eastern United States. Canada and/or Alaska. The Service has Northwestern Naturalist 73: 69–79. No evidence was provided by the listed populations that are delimited by Banci, V. 1989. A fisher management strategy for British Columbia. Wildlife Bulletin petitioner to demonstrate that any international boundaries within which No. B–63. physical, physiological, ecological, or significant differences in control of behavioral factors separate fishers in the exploitation, management of habitat, western United States from the fishers conservation status or regulatory in the remainder of the species’ mechanisms exist. However, in most distribution. Powell and Zielinski instances, including those referenced, 8018 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Proposed Rules

Powell, R. A. and W. J. Zielinski. 1994. SUPPLEMENTARY INFORMATION: Oasis Valley (Stejneger 1893). Between Fisher. In: Ruggiero, L. F., K. B. Aubry, Background 1931 and 1981, Amargosa toads were S. W. Buskirk, L. J. Lyon, and W. J. observed at only three sites within Oasis Zielinski, eds.; The Scientific Basis for Section 4(b)(3)(B) of the Endangered Valley and at one isolated spring Conserving Forest Carnivores in the Species Act of 1973, as amended (Act) system, despite intensive searches Western United States: American (16 U.S.C. 1531 et seq.), requires that for Marten, Fisher, Lynx, and Wolverine. (Linsdale 1940, Savage 1959, Altig 1981, any petition to revise the Lists of Altig and Dodd 1987). Thousands of USDA Forest Service, General Technical Endangered and Threatened Wildlife Report RM–254; pp 38–73. Amargosa toads were observed in June and Plants that contains substantial Author: The primary author of this 1958 (Savage 1959). The Amargosa toad scientific or commercial information, a was considered severely restricted in document is Leslie Propp, Western finding be made within 12 months of Washington Office (see ADDRESSES section). distribution and threatened by habitat the date of receipt of the petition on destruction by 1981 (Altig 1981). Authority whether the petitioned action is (a) not During a 1983 survey, Amargosa toads warranted, (b) warranted, or (c) were observed at 11 sites within Oasis The authority for this action is the warranted but precluded from Valley and two isolated spring systems, Endangered Species Act (16 U.S.C. 1531 immediate proposal by other pending and assumed present at 14 additional et seq.). proposals. Such 12-month findings are sites, based on statements from area Dated: November 22, 1995. to be published promptly in the Federal residents and suitability of habitat, even Register. John G. Rogers, though toads were not observed On September 21, 1994, the Service (Maciolek 1983a, 1983b). Amargosa Acting Director, U.S. Fish and Wildlife received a petition dated September 19, toad, though restricted to the Oasis Service. 1994, to emergency list the Amargosa Valley and vicinity, was considered [FR Doc. 96–4803 Filed 2–29–96; 8:45 am] toad (Bufo nelsoni) as an endangered well distributed and abundant in 1983 BILLING CODE 4310±55±P species. The Service’s finding that (Maciolek 1983b). substantial information existed Amargosa toad surveys have been indicating the petitioned action may be conducted at 20 sites since 1990, but not 50 CFR Part 17 warranted was published in the Federal all sites were visited during each survey Register on March 17, 1995 (60 FR or with equal frequency (Hoff 1993, Endangered and Threatened Wildlife 15280). A status review was initiated at 1994a, 1994b; Clemmer 1995; Heinrich and Plants: 12-Month Finding for a that time. 1995). Available data from the sites Petition To List the Amargosa Toad The Amargosa toad has been surveyed since 1990 suggests that (Bufo nelsoni) as Endangered identified as either a category 1 or Amargosa toads have been extirpated category 2 species under the Act, since from one spring and are not as abundant AGENCY: Fish and Wildlife Service, December 30, 1982 (47 FR 58454; 50 FR as in previous years at four other springs Interior. 37958; 59 FR 58982). The Amargosa (Savage 1959; Altig 1981; Maciolek toad was a category 1 candidate species ACTION: Notice of 12-month petition 1983a, 1983b; Hoff 1993; Hoff 1994a, with a listing priority of 2 at the time finding. 1994b; Clemmer 1995; Heinrich 1995). the petition was received by the Service. At the other 15 sites, however, On July 26, 1995, the Service observations of Amargosa toad adults, SUMMARY: The Fish and Wildlife Service recommended removal of the Amargosa juveniles, tadpoles, and eggs have (Service) announces a 12-month finding toad from category 1 candidate status fluctuated but remained relatively on a petition to list the Amargosa toad based information obtained during the constant, and the occurrence of eggs or (Bufo nelsoni) as an endangered species 1995 status review. The information tadpoles at sites where no adults were under the Endangered Species Act of suggested that the Amargosa toad is observed implies the presence of adults. 1973, as amended (Act). After review of more widespread and abundant within Estimates of the size of the adult all available scientific and commercial the Oasis Valley than previous reports population of Amargosa toads during information concerning the status of the indicated. However, additional 1993 and 1994 vary from 30 toads for species, the Service finds that listing of information is necessary to adequately each year to 130 and 85 toads for the 2 the Amargosa toad is not warranted. determine the status of the species, and years, respectively (Hoff 1994a, 1994b; DATES: The finding announced in this conservation efforts have been initiated Heinrich 1995). Both estimates were document was made on November 9, to remove identified threats. based on direct observations of 1995. The Amargosa toad is unique to Amargosa toad adults, juveniles, riparian habitats associated with the tadpoles, and egg masses at the same ten ADDRESSES: Data, information, Amargosa River, tributary springs of the sites. The disparity between these comments, or questions concerning this Amargosa River in Oasis Valley and estimates may be due to the difficulty notice should be submitted to the State isolated spring systems near Beatty, Nye inherent in adequately surveying for Supervisor, U.S. Fish and Wildlife County, Nevada. The petition stated that Amargosa toads. Service, Nevada State Office, 4600 the Amargosa toad was restricted to The available information does not Kietzke Lane, Building C–125, Reno, seven sites within Oasis Valley, and two support the petitioner’s claim that the Nevada 89502. The petition, findings, isolated spring systems, and that these Amargosa toad population is severely and supporting data are available for sites are impacted by livestock and feral restricted in both abundance and public inspection, by appointment, burro grazing, water diversion, flood distribution. Comprehensive Amargosa during normal business hours at the control activities, off-road vehicle use, toad status information is unavailable above address. and nonnative species introductions. because not all historically identified The petition stated that the Amargosa habitats have been surveyed since 1983. FOR FURTHER INFORMATION CONTACT: toad had declined from thousands in Information from Oasis Valley residents Donna Withers, Staff Biologist, at the 1958 to only 30 individuals in 1994. suggests that Amargosa toads still above address, or telephone (702) 784– Amargosa toads were first collected in occupy springs on several private 5227. 1891 from an unidentified location in properties not surveyed in recent years. Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Proposed Rules 8019

A comprehensive evaluation of the After reviewing all scientific and amend Appendices I or II. Such status and distribution of Amargosa toad commercial information available, the amendments may concern the addition will only be possible when additional Service has determined that listing the of species to Appendix I or II, the surveys are conducted in potential Amargosa toad is not warranted at this transfer of species from one appendix to amphibian habitat with Oasis Valley. time. This decision is based on another, or the removal of species from Habitats occupied by Amargosa toads information contained in the petition, Appendix I or II. This notice also invites are subject to various natural and received during the status review, and information and comments from the human-induced modifications resulting otherwise available to the Service at the public on possible resolutions and from flooding, flood-control and time the 12-month finding was made, agenda items for discussion at COP10. restoration activities, nonnative species which indicates that the Amargosa toad DATES: The Service will consider all introductions, livestock and feral burro is more widespread and abundant information and comments received by grazing, off-road vehicle use, and release within the Oasis Valley than stated in April 30, 1996. of pollutants (Altig 1981, Maciolek the petition. In addition, conservation ADDRESSES: Correspondence concerning 1983a, Hoff 1994b). The information on efforts have been initiated to remove this request pertaining to species the release of pollutants is anecdotal. identified threats. The Service amendments should be sent to the Voluntary conservation activities have recognizes the need to monitor the Office of Scientific Authority; Room been recently initiated to address these species’ status to determine Amargosa 750; U.S. Fish and Wildlife Service, threats to Amargosa toads and their toad population trends and measure the 4401 North Fairfax Drive; Arlington, habitats. These activities will provide a effectiveness of the conservation Virginia, 22203. Correspondence sound foundation for appropriate measures. concerning this request pertaining to management of Amargosa toad habitats. References Cited resolutions and agenda items should be The petitioner acknowledged the sent to the Office of Management existence of these conservation A list of references cited is available Authority, Room 420, at the same activities, but questioned their from the Nevada State Office (see address. Comments and materials effectiveness. The conservation ADDRESSES section above). received will be available for public activities initiated to date have only Author: The primary author of this inspection, by appointment, from 8 a.m. been in place a short time, and document is Donna Withers (see ADDRESSES to 4 p.m., Monday through Friday, at the additional time is necessary for the section above). Office of Scientific or Management benefits of these actions to be realized. Authority. The Nevada Division of Wildlife Authority FOR FURTHER INFORMATION CONTACT: Dr. (NDOW) and Nevada Natural Heritage The authority for this action is the Marshall A. Howe, Office of Scientific Program have conducted status surveys Endangered Species Act of 1973, as Authority, phone 703/358–1708, fax and undertaken conservation activities, amended (16 U.S.C. 531 et seq.). 703/358–2276, e-mail including initiation of cooperative Dated: November 9, 1995. [email protected]; or Dr. agreements with involved agencies and Mollie H. Beattie, Susan S. Lieberman, Office of local governments and conservation Management Authority, phone 703/358– agreements with private landowners. Director, Fish and Wildlife Service. 2095, fax 703/358–2280, e-mail The Bureau of Land Management (BLM) [FR Doc. 96–4804 Filed 2–29–96; 8:45 am] [email protected]. actively manages the public lands BILLING CODE 4310±55±M occupied by Amargosa toad for the SUPPLEMENTARY INFORMATION: conservation of the species. BLM has Background restricted off-road vehicle use in or near 50 CFR Part 23 The Convention on International Amargosa toad habitat, constructed Request for Species Amendments and enclosure fences to eliminate damage to Trade in Endangered Species of Wild Resolutions for Consideration at the riparian habitats from feral burro and Fauna and Flora, TIAS 8249, hereinafter Tenth Regular Meeting of the livestock use, proposed all occupied referred to as CITES, is an international Conference of the Parties to the habitats as Areas of Critical treaty designed to control and regulate Convention on International Trade in Environmental Concern, and initiated a international trade in certain animal and Endangered Species of Wild Fauna cadastral survey of the Amargosa River plant species that now or potentially are and Flora in Oasis Valley to establish property threatened with extinction. These boundaries. The Nature Conservancy AGENCY: Fish and Wildlife Service, species are listed in appendices to (TNC) has been working with the Beatty Interior. CITES, copies of which are available Beautification Committee toward ACTION: Notice; request for information. from the Office of Management development of a park along the Authority or Office of Scientific Amargosa River or a pond area which SUMMARY: The Fish and Wildlife Service Authority at the ADDRESSES, above. would provide recreational (Service) announces the time and place Currently, 130 countries, including the opportunities for the residents, and of the tenth regular meeting of the United States, are CITES Parties. CITES attract tourists, as well as create or Conference of the Parties (COP10) to the calls for biennial meetings of the conserve Amargosa toad habitat. TNC is Convention on International Trade in Conference of the Parties, which review currently negotiating the purchase of Endangered Species of Wild Fauna and its implementation, make provisions two private properties that contain Flora (CITES). This notice solicits enabling the CITES Secretariat in Amargosa toad habitat. The Nye County recommendations for amending CITES Switzerland to carry out its functions, Department of Public Works has agreed Appendices I or II and solicits consider amendments to the list of to notify NDOW prior to any activity suggestions for resolutions and agenda species in Appendices I and II, consider within the Amargosa River channel to items for discussion at COP10. The reports presented by the Secretariat, and avoid impacts to the Amargosa toad. Service invites information and make recommendations for the Owners of two private properties with comment from the public on animal or improved effectiveness of CITES. Any Amargosa toad habitat on their land plant species that should be considered country that is a Party to CITES may have initiated conservation activities. as candidates for U.S. proposals to propose amendments to Appendices I 8020 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Proposed Rules and II or resolutions, for consideration Appendix III includes species that any 2.2 Habitat availability. by the other Parties. Party country identifies as being subject 2.3 Population status. This is the first in a series of Federal to regulation within its jurisdiction for 2.4 Population trends. Register notices which, together with purposes of preventing or restricting 2.5 Geographic trends. announced public meetings, provide an exploitation, and for which it needs the 2.6 Role of the species in its opportunity for the public to participate cooperation of other Parties to control ecosystems. in the development of the United States’ trade. The present notice concerns only 2.7 Threats. negotiating positions for the tenth Appendices I and II. 3. Utilization and Trade regular meeting of the Conference of the CITES specifies that international 3.1 National utilization. Parties to CITES. The Service’s trade in any readily recognizable part or 3.2 Legal international trade. regulations governing this public derivative of animals listed in Appendix 3.3 Illegal trade. process are found in Title 50 of the Code I or II, or plants listed in Appendix I, is 3.4 Actual or potential trade of Federal Regulations §§ 23.31–23.39. subject to the same conditions that impacts. apply to trade in the whole organism. 3.5 Captive breeding or artificial Notice of the Tenth Regular Meeting of propagation for commercial the Conference of the Parties With certain standard exclusions formally approved by the Parties, the purposes (outside country of The Service hereby notifies the public same applies to parts and derivatives of origin). of the convening of the tenth meeting of most plant species listed in Appendix II. 4. Conservation and Management the Conference of the Parties (COP10) to Parts and derivatives usually not 4.1 Legal status. be held in Zimbabwe, June 9–20, 1997. included (i.e., not regulated) for 4.1.1 National. 4.1.2 International. Appendix II plants are: seeds, spores, Request for Information and Comments: 4.2. Species management. pollen (including pollinia), tissue Species 4.2.1 Population monitoring. One of the purposes of this notice is cultures, and flasked seedling cultures. 4.2.2 Habitat conservation. to solicit information that will help the Also see 50 CFR § 23.23(d) and the 4.2.3 Management measures. Service identify species that are October 6, 1995 Federal Register (60 FR 4.3 Control measures. candidates for addition, removal, or 52450) for further exceptions and 4.3.1 International trade. reclassification in the CITES appendices limitations. Further guidance on criteria 4.3.2 Domestic measures. or to identify issues warranting for adding or deleting species in the 5. Information on similar species attention by the CITES Nomenclature appendices is contained in several 6. Other comments (including Committee. This request is not limited CITES resolutions available from the consultation with range states) to species occurring in the United Office of Scientific Authority (see 7. Additional remarks States. Although U.S. proposals ADDRESSES section). 8. References (published literature submitted for recent Conferences of the Until the ninth meeting of the and other documents) Parties have focused on species native Conference of the Parties in 1994, Persons wishing to submit proposals to the United States, any Party may resolutions Conf. 1.1 and 1.2 had for the United States to consider should submit proposals concerning wild provided the primary criteria for consult Conf. 9.24 for detailed animal or plant species occurring proposing amendments to Appendices I explanation of each of the above anywhere in the world. The Service and II. With the adoption of resolution categories. Proposals to transfer a encourages the submission of well- Conf. 9.24, new listing criteria were species from Appendix I to Appendix II, documented proposals formatted established by the Parties and Conf. 1.1, or to remove a species from Appendix according to specifications presented 1.2, and ten other related resolutions II, must be consistent with the new below. were repealed. These new criteria apply precautionary measures described in The term ‘‘species’’ is defined in to all future proposals and are available Annex 4 of Conf. 9.24. CITES as ‘‘any species, subspecies, or from the CITES Secretariat or upon Persons having information and geographically separate population written request to the Office of comments on species that are potential thereof.’’ Each species for which trade is Scientific Authority. Conf. 9.24 candidates for CITES proposals are controlled is included in one of three establishes a new format for proposals, urged to contact the Service’s Office of appendices, either as a separate listing replacing that described in Conf. 2.17. Scientific Authority. Submitted or incorporated within the listing of a The new format includes the following proposals should be as fully developed higher taxon. The basic standards for categories: as possible in accordance with the inclusion of species in the appendices A. Proposal outline provided above and amplified in are contained in Article II of CITES. B. Proponent (Party country) Conf. 9.24. Appendix I includes species threatened C. Supporting statement with extinction that are or may be 1. Taxonomy Request for Information and Comments: affected by trade. Appendix II includes 1.1 Class. Resolutions and Agenda Items species that, although not necessarily 1.2 Order. Although it has not yet received threatened with extinction, may become 1.3 Family. formal notice of the provisional agenda so unless trade in them is strictly 1.4 Genus, species or subspecies for COP10, the Service invites input controlled. Appendix II also lists including author(s) and year and from the public on possible agenda species that must be subject to taxonomic reference, if other than items the United States could regulation in order that trade in those that adopted by the Conference of recommend for inclusion, or on possible currently and potentially threatened the Parties. resolutions of the Conference of the species may be brought under effective 1.5 Scientific synonyms. Parties that the United States could control. Such listings frequently are 1.6 Common names. submit. Copies of the agenda for the last required because of difficulty in 1.7 Code numbers, when applicable, meeting of the Conference of the Parties distinguishing specimens of currently or from CITES Identification Manual. (COP9) in Florida in 1994 are available potentially threatened species from 2. Biological Parameters from the Office of Management other species at ports of entry. 2.1 Distribution. Authority under ADDRESSES, above. A Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Proposed Rules 8021 full agenda for COP9 and summaries of for consideration at COP10, and about ADDRESSES: Comments may be mailed to all U.S. negotiating positions on those how to obtain observer status from the William Stelle, Jr., Director, Northwest agenda items and resolutions were Service. The Service will also publish Region, NMFS, 7600 Sand Point Way published in the November 8, 1994 announcements of public meetings to be NE., BIN C15700, Seattle, WA 98115– Federal Register (59 FR 55617). held in September 1996 and April 1997 0070; or Hilda Diaz-Soltero, Director, Southwest Region, NMFS, 501 W. Observers to receive public input on its positions regarding COP10 issues. Ocean Blvd., Suite 4200, Long Beach, Article XI, paragraph 7 of CITES CA 90802–4213. Information relevant to provides: Any body or agency Authors: This notice was prepared by Dr. Marshall A. Howe, Office of Scientific this proposed rule is available for public technically qualified in protection, Authority, and Dr. Susan S. Lieberman, review during business hours at the conservation or management of wild Office of Management Authority, under the Office of the Director, Northwest fauna and flora, in the following authority of U.S. Endangered Species Act of Region, NMFS, and at the Office of the categories, which has informed the 1973, as amended (16 U.S.C. 1531 et seq.). Director, Southwest Region, NMFS. Secretariat of its desire to be represented List of Subjects in 50 CFR Part 23 Copies of the Environmental at meetings of the Conference by Assessment/Regulatory Impact Reviews observers, shall be admitted unless at Endangered and threatened species, (EA/RIRs) can be obtained from the least one-third of the Parties present Exports, Imports, Treaties. Pacific Fishery Management Council object: Dated: February 13, 1996. (Council), 2000 SW First Avenue, Suite (a) international agencies or bodies, Bruce Blanchard, 420, Portland, OR 97201. either governmental or FOR FURTHER INFORMATION CONTACT: nongovernmental, and national Director. [FR Doc. 96–4853 Filed 2–29–96; 8:45 am] William L. Robinson at 206–526–6140, governmental agencies and bodies; and or Rodney R. McInnis at 310–980–4030. (b) national nongovernmental BILLING CODE 4310±55±P SUPPLEMENTARY INFORMATION: agencies or bodies which have been NMFS is proposing to delay the start approved for this purpose by the State of the regular fishing seasons for the in which they are located. DEPARTMENT OF COMMERCE limited entry fisheries for nontrawl Once admitted, these observers shall sablefish and for whiting, as have the right to participate but not to National Oceanic and Atmospheric recommended by the Council at its vote. The Service will publish Administration October 1995 meeting in Portland, OR. information on how to request approved 50 CFR Part 663 The background and rationale for this observer status in a future Federal proposed rule are summarized below. Register notice. [Docket No. 960221041±6041±01; I.D. More details appear in the EA/RIRs for Future Actions 013196A] these actions.

The next regular meeting of the RIN 0648±AI34 Background Conference of the Parties (COP10) is I. Nontrawl Sablefish Season scheduled for June 9–20, 1997, in Pacific Coast Groundfish Fishery; Zimbabwe. Any proposals to amend Delay in Start of Regular Fishing The commercial sablefish harvest Appendix I or II, or any draft resolutions Seasons for Nontrawl Sablefish and guideline (the annual harvest guideline or other documents for discussion at Pacific Whiting reduced by the amount set aside for COP10, must be submitted by the coastal treaty Indian tribes) is allocated United States to the CITES Secretariat AGENCY: National Marine Fisheries between the limited entry and open by January 10, 1997 (150 days prior to Service (NMFS), National Oceanic and access fisheries. The limited entry COP10). In order to accommodate this Atmospheric Administration (NOAA), allocation has been further divided into deadline, the Service plans to publish a Commerce. allocations for trawl-gear and nontrawl- Federal Register notice in August 1996 ACTION: Proposed rule; request for gear fisheries. Historically, the trawl- to announce tentative species proposals comments. gear fishery has been managed with trip and draft resolutions to be submitted by limits, the amount of fish that may be the United States and to solicit further SUMMARY: NMFS is proposing harvested during a fishing trip or set information and comments on them. In regulations that would delay the start of time period, primarily to extend the September, a public meeting will be the ‘‘regular’’ fishing seasons by 1 fishery throughout most of the year. The held to allow for additional public month or less for the nontrawl sablefish nontrawl-gear fishery, in contrast, has input. All CITES Parties within the and the Pacific whiting (whiting) taken most of its allocation in what has geographic ranges of species proposed limited entry fisheries 3–200 nautical become an intense, open competition for amendments to the appendices will miles off Washington, Oregon, and called the regular or derby season, be consulted by mid-October 1996 so California (WOC). This proposed rule during which the only trip limit in that final proposals will have the benefit considers requests from the industry for effect applies to small sablefish (smaller of their input. Another Federal Register delayed fishing seasons, which are than 22 inches (56 cm) total length in notice in February 1997 will announce intended primarily to enable nontrawl 1995 and in 1996). Before 1995, the start the Service’s final decisions and those sablefish fishers to participate in other of the WOC regular season was linked species proposals and resolutions fisheries and to enhance the quality of to the first nontrawl sablefish season submitted by the United States to the whiting. These actions would be taken opening in the Gulf of Alaska under 50 CITES Secretariat. under the authority of the Pacific Coast CFR part 672. In 1995, the start of the Through a series of additional notices Groundfish Fishery Management Plan WOC regular season was changed to in advance of COP10, the Service will (FMP) and the Magnuson Fishery August 6, primarily for safety reasons inform the public about preliminary and Conservation and Management Act (because winds generally are calmer final negotiating positions on (Magnuson Act). along the coast at this time of year) and resolutions and amendments to the DATES: Comments must be submitted in to avoid overlapping with other appendices proposed by other Parties writing by March 22, 1996. fisheries and fishing opportunities (60 8022 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Proposed Rules

FR 34472, July 3, 1995). The regular vessels that normally would have ‘‘per trip’’ limit for whiting (currently season is followed 3–4 weeks later by a delivered to processors in Puget Sound 10,000 lb (4,536 kg)) is in effect. mop-up fishery to take the remainder of have had to choose between reducing At its October 1995 meeting, the the nontrawl allocation, except for small their fishing time (by leaving the Council recommended that the start of amounts to be taken in the daily trip grounds early enough to get to their the regular season for whiting north of limits before and after the mop-up normal processors in Puget Sound), or 42° N. lat. be delayed from April 15 to season. delivering to a different processor closer May 15. This delay was supported by At its October 1995 meeting, the to the fishing grounds. Therefore, the most members of the industry testifying Council heard testimony that September State of Washington is considering for both the at-sea and shore-based 1 would be a preferable date for the start establishing special procedures for sectors. Some suggested an even later of the 1996 regular season, because it vessels landing in Puget Sound that opening, but few preferred the current would not conflict as much as August would ensure that they were off the April 15 date. The 1-month delay was 6 with albacore tuna and expected sablefish fishing grounds at the end of recommended for the following reasons: salmon seasons. The weather, on the regular season but may not require (1) Whiting spawn in the winter, average, coastwide appears to be as that they be in port offloading. These primarily in January-February. They are stable in September as in August, in proposed Federal regulations would emaciated afterwards, taking several keeping with the Council’s goal of acknowledge the State regulation, and months to recover and to produce minimizing weather-related risk during allow for vessels landing in Puget optimal flesh for processing. Although the regular season. However, a later Sound to be governed by the whiting generally are well on their way mop-up season may fall at a time when Washington regulation. to recovery by April 15 north of 42° N. weather is less stable. Because the mop- The Council is considering a number lat., the spawning stock as a whole is in up season provides a single, cumulative of other management strategies for this better condition by mid-May. If the limit for each vessel, and a longer time fishery in 1997 and beyond, but has not amount of whiting available for harvest in which to take the limit compared to yet made its recommendation to NMFS. is relatively low, the quality of the the regular season, fishers are more The Council may select yet another product and the product recovery rate likely to wait out the storms and fish opening date, or a framework for are even more important to maintain the when conditions are safer. Also, in determining an opening date, if the economic viability of the fishery. (2) 1996, tides would be slack on regular season fishing structure remains With a month’s delay in harvest, September 1 and therefore would in effect in 1997. whiting will be slightly larger with an provide a smoother, and possibly safer, additional month’s growth, increasing transit to the grounds for those vessels II. Pacific Whiting Season (in small measure) the yield per fish. (3) crossing the bar at the mouth of the At the October Council meeting, some Columbia River. Even though the Since 1991, harvest of the whiting Council members and industry sablefish would be slightly larger if the resource has been allocated between representatives speculated that bycatch fishery were delayed 3 weeks, this user groups. Whiting has been allocated rates of salmon and other groundfish would have a negligible impact on between vessels that deliver their catch species could be reduced with a 1- recruitment. For the most part, this shoreside and vessels that deliver their month delay in the start of the regular change in the regular season would be catch at sea (which includes catcher season, but the data are not conclusive. made to accommodate participation in processors that both harvest and process alternate fisheries, while conducting the their catch, and catcher vessels that The at-sea sector has not operated in derby when weather is relatively stable. deliver to motherships at sea). The late May since 1991, so there is little The closed period that applies before shore-based sector has conducted a information for these operations at this the regular season (to open access and longer, slower season (extending time of year. The EA/RIR indicates that limited entry vessels using fixed gear to through the summer and into the fall), the shore-based fleet has consistently take and retain sablefish) would remain whereas the at-sea sector has conducted shown a trend in decreasing salmon in effect, but would be shifted from a more intense, shorter fishery (less than bycatch as the season progresses, at least early August to late August. a month in recent years). To satisfy both through June. This could be due to a The Federal provisions for ending the strategies, both sectors compete for the seasonal effect or to start-up problems regular season also remain the same. first 60 percent of the commercial that sometimes occur at the beginning of However, the State of Washington may harvest guideline (the annual harvest a fishing season. Bycatch of salmon by establish special procedures for vessels guideline reduced by the amount set either sector may be more highly that deliver in Puget Sound, because the aside for harvest, if any, by coastal correlated with abundance and transit time is longer than for most treaty Indian tribes). When 60 percent of availability of salmon, the ability of the vessels operating on the coast. Under the commercial harvest guideline is skipper, and the incentive to avoid both the current and proposed reached, at-sea processing of whiting is bycatch. The influence of these factors regulations, a small trip limit comes into prohibited, and the remainder of the is not readily measurable. The EA/RIR effect at the end of the regular season. commercial harvest guideline is states that delaying the season opening Therefore, a vessel must be in port and reserved for the shore-based sector. If date to May 15 is unlikely to affect offloading its sablefish at the time the not projected to be fully used, the rockfish bycatch rates. For the most regular season ends (that is, before the surplus reserve may be released on or part, the delay in the season would be new lower trip limit is effective), which after August 15. The regular season made to provide better quality fish for the Council supports for closing the currently begins on April 15 north of processing. season. Transit time has become a bigger 42° N. lat. (the Oregon/California The allocation of whiting between the concern as the regular season becomes border) and south of 40° 30′ N. lat. (the shore-based and at-sea sectors will be shorter, only 7 days in 1995. The transit southern border of the Eureka statistical reconsidered in 1996 for fisheries in time from the fishing grounds to ports subarea), and on March 1 between 42° 1997 and beyond. The start of the in Puget Sound is substantially longer and 40° 30′ N. lat. At-sea processing is regular season may be reconsidered at than the transit time for most vessels prohibited south of 42° N. lat. Before the same time, and potentially could operating on the coast. As a result, and after the regular season, a small differ for each sector. Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Proposed Rules 8023

Classification nontrawl sablefish fishery may be DATES: Comments on Amendment 45 The Assistant Administrator for subject to trip limits to protect juvenile should be submitted on or before April Fisheries, NOAA has initially sablefish. The regular season will end 26, 1996. determined that this action is consistent when 70 percent of the limited entry ADDRESSES: Comments on Amendment with the FMP and the national nontrawl allocation has been or is 45 should be submitted to Ronald J. standards and other provisions of the projected to be taken. The end of the Berg, Chief, Fisheries Management Magnuson Act. regular season may be announced in the Division, Alaska Region, NMFS, P.O. This proposed rule has been Federal Register either before or during Box 21668, Juneau, AK, 99802–1668 determined to be not significant for the the regular season. Attn: Lori Gravel, or delivered to the purposes of E.O. 12866. * * * * * Federal Building, 709 West 9th Street, The Assistant General Counsel for (iv) The dates and times that the Juneau, AK. Copies of Amendment 45 Legislation and Regulation of the regular season ends (and trip limits on and the Environmental Assessment/ Department of Commerce certified to sablefish of all sizes are resumed) and Regulatory Impact Review prepared for the Chief Counsel for Advocacy of the the mop-up season begins and ends, and the amendment are available from the Small Business Administration that this the size of the trip limit for the mop-up North Pacific Fishery Management proposed rule, if adopted, would not fishery, will be announced in the Council, 605 West Fourth Ave., have a significant economic impact on Federal Register, and may be modified. Anchorage, AK 99501–2252; telephone a substantial number of small entities. Unless otherwise announced, these 907–271–2809. This rule, if adopted, would not change seasons will begin and end at 12 noon FOR FURTHER INFORMATION CONTACT: Kent the amount of fish caught or retained or on the specified date. A vessel landing Lind, 907–586–7228. the number of vessels participating, and sablefish in Puget Sound that was taken SUPPLEMENTARY INFORMATION: The would not confer a competitive under a limited entry permit with Magnuson Fishery Conservation and advantage to any user group. As a result, nontrawl gear during a regular season is Management Act (Magnuson Act) a regulatory flexibility analysis was not not subject to trip limits on that trip requires that each Regional Fishery prepared. (except the regular season trip limits to Management Council submit any fishery protect juvenile sablefish), provided the List of Subjects in 50 CFR Part 663 management plan or plan amendment it landing complies with Washington State prepares to NMFS for review and Fisheries, Fishing, Reporting and regulations governing sablefish landings approval, disapproval, or partial recordkeeping requirements. in Puget Sound after the regular season. disapproval. The Magnuson Act also Dated: February 26, 1996. * * * * * requires that NMFS, upon receiving a Gary Matlock, (3) Pacific Whiting—(i) Season. The fishery management plan or Program Management Officer, National regular season for Pacific whiting begins amendment, immediately publish a Marine Fisheries Service. on May 15 north of 42°00′ N. lat., on document that the fishery management ° ′ For the reasons set out in the March 1 between 42 00 N. lat. and plan or amendment is available for ° ′ preamble, 50 CFR part 663 is proposed 40 30 N. lat., and on April 15 south of public review and comment. NMFS will ° ′ to be amended as follows: 40 30 N. lat. Before and after the regular consider the public comments received season, trip landing or frequency limits during the comment period in PART 663ÐPACIFIC COAST may be imposed under paragraph (c) of determining whether to approve the GROUNDFISH FISHERY this section. FMP or amendment. If approved, Amendment 45 would l. The authority citation for part 663 * * * * * [FR Doc. 96–4752 Filed 2–29–96; 8:45 am] allow NMFS to establish seasonal continues to read as follows: allowances of pollock total allowable BILLING CODE 3510±22±F Authority: 16 U.S.C. 1801 et seq. catch (TAC) by regulation. Included 2. In § 663.23, paragraphs (b)(2)(i)(A), with Amendment 45 is a regulatory (b)(2)(i)(B), (b)(2)(ii), (b)(2)(iv), and 50 CFR Part 675 amendment that would combine the (b)(3)(i) are revised to read as follows: third and fourth quarterly allowances of [I.D. 022396A] pollock TAC in the Western and Central § 663.23 Catch restrictions. Regulatory Areas of the Gulf of Alaska. Groundfish of the Gulf of Alaska; Under this proposal, the third and * * * * * Pollock Seasonal Allowances (b) * * * fourth quarterly allowances of pollock (2) * * * AGENCY: National Marine Fisheries would be combined into a single (i) * * * (A) Sablefish taken with fixed Service (NMFS), National Oceanic and seasonal allowance equal to 50 percent gear in the limited entry or open access Atmospheric Administration (NOAA), of the TAC available on October 1 in the fishery in the EEZ may not be retained Commerce. Western Regulatory Area and September or landed from 12 noon August 29 ACTION: Notice of Availability of an 1 in the Central Regulatory Area. through 12 noon September 1. amendment to a fishery management This action is intended to result in (B) All fixed gear used to take and plan; request for comments. four types of management retain groundfish must be out of EEZ improvements: (1) Reduced chum waters from 12 noon August 29 through SUMMARY: The North Pacific Fishery salmon bycatch, which has been 12 noon September 1, except that pot Management Council (Council) has excessively high during the third gear used to take and retain groundfish submitted Amendment 45 to the Fishery quarter (July 1) opening; (2) reduced may be deployed and baited in the EEZ Management Plan for the Groundfish scheduling conflicts with summer after 12 noon on August 31. Fishery of the Bering Sea and Aleutian salmon processing activities; (3) (ii) Regular season—Limited entry Islands (FMP) for Secretarial review and reduced operating costs for industry fishery. The regular season for the is requesting comments from the public. through a reduction in the number of limited entry nontrawl sablefish fishery Copies of the amendment may be seasonal openings from four to three; begins at 12:01 on September 1. During obtained from the Council (See and (4) reduced risk of harvest overruns the regular season, the limited entry ADDRESSES). during extremely short openings. 8024 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Proposed Rules

Authority: 16 U.S.C. 1801 et seq. Dated: February 26, 1996. Richard W. Surdi, Acting Director, Office of Fisheries Conservation and Management, National Marine Fisheries Service. [FR Doc. 96–4748 Filed 2–26–96; 4:53 pm] BILLING CODE 3510±22±P 8025

Notices Federal Register Vol. 61, No. 42

Friday, March 1, 1996

This section of the FEDERAL REGISTER SUMMARY: The United States Grain of Central Iowa and Montana end on contains documents other than rules or Standards Act, as amended (Act), August 31, 1996. proposed rules that are applicable to the provides that official agency The geographic area presently public. Notices of hearings and investigations, designations will end not later than assigned to Central Iowa, in the State of committee meetings, agency decisions and triennially and may be renewed. The Iowa, pursuant to Section 7(f)(2) of the rulings, delegations of authority, filing of petitions and applications and agency designations of Central Iowa Grain USGSA, which may be assigned to the statements of organization and functions are Inspection Service, Inc. (Central Iowa), applicant selected for designation is as examples of documents appearing in this and the Montana Department of follows: section. Agriculture (Montana) will end August Bounded on the North by U.S. Route 31, 1996, according to the Act, and 30 east to N44; N44 south to E53; E53 GIPSA is asking persons interested in east to U.S. Route 30; U.S. Route 30 east DEPARTMENT OF AGRICULTURE providing official services in the Central to the Boone County line; the western Iowa and Montana areas to submit an Boone County line north to E18; E18 Forest Service application for designation. east to U.S. Route 169; U.S. Route 169 DATES: Applications must be north to the Boone County line; the California Spotted OwlÐSierra northern Boone County line; the NevadaÐManagement Direction for postmarked or sent by telecopier (FAX) on or before March 30, 1996. western Hamilton County line north to National Forests in California U.S. Route 20; U.S. Route 20 east to R38; ADDRESSES: Applications must be R38 north to the Hamilton County line; AGENCY: Forest Service, USDA. submitted to Janet M. Hart, Chief, the northern Hamilton County line east ACTION: Notice of change in responsible Review Branch, Compliance Division, to Interstate 35; Interstate 35 northeast official from Chief to Regional Forester. GIPSA, USDA, Room 1647 South to C55; C55 east to S41; S41 north to Building, P.O. Box 96454, Washington, SUMMARY: The USDA, Forest Service is State Route 3; State Route 3 east to U.S. DC 20090–6454. Telecopier (FAX) users designating the Pacific Southwest Route 65; U.S. Route 65 north to C25; may send applications to the automatic Regional Forester as the responsible C25 east to S56; S56 north to C23; C23 telecopier machine at 202–690–2755, official for amending the Pacific east to T47; T47 south to C33; C33 east attention: Janet M. Hart. If an Southwest Regional Guide and to T64; T64 north to B60; B60 east to application is submitted by telecopier, significantly amending 10 National U.S. Route 218; U.S. Route 218 north to GIPSA reserves the right to request an Forest Plans. Chickasaw County; the western original application. All applications Chickasaw County line; and the western ADDRESSES: Send written comments to will be made available for public and northern Howard County lines. Janice Gauthier, California Spotted Owl inspection at this address located at Bounded on the East by the eastern EIS Team Leader, Land Management 1400 Independence Avenue, S.W., Howard and Chickasaw County lines; Planning, 2999 Fulton Avenue, during regular business hours. Sacramento, CA 95821. the eastern and southern Bremer County FOR FURTHER INFORMATION CONTACT: lines; V49 south to State Route 297; FOR FURTHER INFORMATION CONTACT: Janet M. Hart, telephone 202–720–8525. Janice Gauthier, California Spotted Owl State Route 297 south to D38; D38 west EIS Team Leader, Land Management SUPPLEMENTARY INFORMATION: to State Route 21; State Route 21 south Planning, (916) 979–2026. This action has been reviewed and to State Route 8; State Route 8 west to determined not to be a rule or regulation U.S. Route 63; U.S. Route 63 south to SUPPLEMENTARY INFORMATION: On March as defined in Executive Order 12866 18, 1993, a Notice of Intent (NOI) to Interstate 80; Interstate 80 east to the and Departmental Regulation 1512–1; prepare an Environmental Impact Poweshiek County line; the eastern therefore, the Executive Order and Statement (EIS) was published in the Poweshiek, Mahaska, Monroe, and Departmental Regulation do not apply Federal Register (Vol. 58, No. 51, Appanoose County lines; to this action. 14554–14555). Bounded on the South by the Section 7(f)(1) of the Act authorizes southern Appanoose, Wayne, Decatur, Dated: February 23, 1996. GIPSA’s Administrator to designate a Ringgold, and Taylor County lines; Katherine Clement, qualified applicant to provide official Bounded on the West by the western Director, Ecosystem Conservation. services in a specified area after Taylor County line; the southern [FR Doc. 96–4805 Filed 2–29–96; 8:45 am] determining that the applicant is better Montgomery County line west to State BILLING CODE 3410±11±M able than any other applicant to provide Route 48; State Route 48 north to M47; such official services. GIPSA designated M47 north to the Montgomery County Central Iowa, main office located in Des line; the northern Montgomery County Grain Inspection, Packers and Moines, Iowa, and Montana, main office line; the western Cass and Audubon Stockyards Administration located in Great Falls, Montana, to County lines; the northern Audubon provide official inspection services County line east to U.S. Route 71; U.S. Opportunity for Designation in the under the Act on September 1, 1993. Route 71 north to U.S. Route 30. Central Iowa (IA) Area and the State of Section 7(g)(1) of the Act provides The following grain elevators, located Montana that designations of official agencies outside of the above contiguous AGENCY: Grain Inspection, Packers and shall end not later than triennially and geographic area, are part of this Stockyards Administration (GIPSA). may be renewed according to the geographic area assignment: Farmers criteria and procedures prescribed in Co-op Elevator Company, Chapin, ACTION: Notice. Section 7(f) of the Act. The designations Franklin County; and CENEX Land 8026 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices

O’Lakes, Inc., Rockwell, Cerro Gordo ADDRESSES: Janet M. Hart, Chief, Review Dated: February 26, 1996. County (located inside D. R. Schaal Branch, Compliance Division, GIPSA, Harold Davis, Agency’s area). USDA, Room 1647 South Building, P.O. Acting Deputy Administrator, Packers and Central Iowa’s assigned geographic Box 96454, Washington, DC 20090– Stockyards Programs. area does not include the following 6454. [FR Doc. 96–4854 Filed 2–29–96; 8:45 am] grain elevators inside Central Iowa’s FOR FURTHER INFORMATION CONTACT: BILLING CODE 3410±KD±P area which have been and will continue Janet M. Hart, telephone 202–720–8525. to be serviced by the following official SUPPLEMENTARY INFORMATION: agencies: This action has been reviewed and Proposed Posting of Stockyards 1. A. V. Tischer and Son, Inc.: determined not to be a rule or regulation Farmers Co-op Elevator, Boxholm, as defined in Executive Order 12866 The Grain Inspection, Packers and Boone County; and and Departmental Regulation 1512–1; Stockyards Administration, United 2. Omaha Grain Inspection Service, therefore, the Executive Order and States Department of Agriculture, has Inc.: T&K Evans, Elliot, Montgomery Departmental Regulation do not apply information that the livestock markets County; and Hemphill Feed & Grain, to this action. and Hansen Feed & Grain, both in named below are stockyards as defined GIPSA announces that the designation Griswold, Cass County. in Section 302 of the Packers and of the Maine Department of Agriculture, The geographic area presently Stockyards Act (7 U.S.C. 202), and Food and Rural Resources ends on assigned to the State of Montana, should be made subject to the August 31, 1996. As of January 31, 1996, pursuant to Section 7(f)(2) of the provisions of the Packers and the State of Maine had not performed USGSA, which may be assigned to the Stockyards Act, 1921, as amended (7 any official services since 1991. applicant selected for designation is the U.S.C. 181 et seq.). Accordingly, GIPSA determined that, entire State of Montana, except those pursuant to the provisions of the Act, AR–171 export port locations within the State there is an inadequate demand for which are serviced by FGIS. Roden’s Auction Service, Dequeen, official services to designate an official Interested persons, including Central Arkansas agency. Therefore, GIPSA is not asking Iowa and Montana, are hereby given the MD–119 for applications from persons interested opportunity to apply for designation to in designation as an official agency to Kolb’s Sale Barn, Woodsboro, provide official services in the provide services in the area currently Maryland geographic areas specified above under assigned to Maine. Any persons in the provisions of Section 7(f) of the Act NC–169 Maine who may require official and section 800.196(d) of the North Carolina Horse Auction, inspection services after August 31, regulations issued thereunder. 1996, should contact GIPSA’s Baltimore Goldston, North Carolina Designation in the specified geographic Office at 410–962–3968 (FAX: 410–766– SC–154 areas is for the period beginning 8604). September 1, 1996, and ending August Double H Livestock, Pelzer, South 31, 1999. Persons wishing to apply for Authority: Pub. L. 94–582, 90 Stat. 2867, Carolina as amended (7 U.S.C. 71 et seq.) designation should contact the Pursuant to the authority under Compliance Division at the address Dated: February 13, 1996 Section 302 of the Packers and listed above for forms and information. Neil E. Porter Stockyards Act, notice is hereby given Applications and other available Director, Compliance Division that it is proposed to designate the information will be considered in [FR Doc. 96–4019 Filed 2–29–96; 8:45 am] stockyards named above as posted determining which applicant will be BILLING CODE 3410±EN±F stockyards subject to the provisions of designated. said Act. Authority: Pub. L. 94–582, 90 Stat. 2867, as amended (7 U.S.C. 71 et seq.) Amendment to Certification of Central Any person who wishes to submit Filing SystemÐOklahoma written data, views or arguments Dated: February 13, 1996 concerning the proposed designation Neil E. Porter The Statewide central filing system of may do so by filing them with the Director, Compliance Division Oklahoma has been previously certified, Director, Livestock Marketing Division, [FR Doc. 96–4020 Filed 2–29–96; 8:45 am] pursuant to Section 1324 of the Food Grain Inspection, Packers and BILLING CODE 3410±EN±F Security Act of 1985, on the basis of Stockyards Administration, Room 3408– information submitted by the Oklahoma South Building, U. S. Department of Secretary of State, for farm products Agriculture, Washington, D.C. 20250 by Inadequate Demand for Official produced in that State (52 FR 49056, Services in Maine March 9,1996. All written submissions December 29, 1987). made pursuant to this notice will be The certification is hereby amended AGENCY: Grain Inspection, Packers and made available for public inspection in on the basis of information submitted by Stockyards Administration (GIPSA). the office of the Director of the Tom Cole, Secretary of State, for an Livestock Marketing Division during ACTION: Notice. additional farm product produced in normal business hours. SUMMARY: GIPSA has determined there that State as follows: is inadequate demand for official elk Done at Washington, D.C. this 23rd day of services to designate an organization to This is issued pursuant to authority February 1996. provide official services in the State of delegated by the Secretary of Daniel L. Van Ackeren, Maine after expiration of the current Agriculture. Director, Livestock Marketing Division, Packers and Stockyards Programs. designation. Authority: Sec. 1324(c)(2), Pub. L. 99–198, DATE: The State of Maine’s designation 99 Stat. 1535, 7 U.S.C. 1631(c)(2); 7 CFR [FR Doc. 96–4855 Filed 2–29–96; 8:45 am] ends August 31, 1996. 2.18(e)(3), 2.56(a)(3), 55 FR 22795. BILLING CODE 3410±KD±P Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices 8027

DEPARTMENT OF COMMERCE ACTION: To give firms an opportunity to comment. Economic Development Administration Petitions have been accepted for filing on the dates indicated from the firms Notice of Petitions by Producing Firms for Determination of Eligibility To listed below. Apply for Trade Adjustment Assistance

AGENCY: Economic Development Administration (EDA), Commerce.

LIST OF PETITION ACTION BY TRADE ADJUSTMENT ASSISTANCE FOR PERIOD 01/18/96±02/20/96

Date peti- Firm Name Address tion Accept- Product ed

Twang, Inc ...... 800 Buena Vista, Bldg. 2, Ste 200, San 01/24/96 Salt and lemon confections. Antonio TX 78207. Data Specifics Corporation ...... 2100 E. Moffat Avenue, Springfield IL 01/30/96 Near-infrared analyzers, radiating & opti- 62702. cally collected light, incorporating com- puter data analysis. St. Mary's Sewing Industry ...... 501 S. Llano Grande, P.O. Box 157, 01/30/96 Women's trousers. Edcouch TX 78538. Tifton Textiles, Inc ...... 217 Southwell Boulevard, Tifton GA 01/30/96 Knit fabric such as jersey, rib, pique, and 31794. fleece. Big Jim Halter Co., DBA Flying Circle 10045 Johns Road, Boerne TX 78006 .... 01/31/96 Travel, sports, and similar bags. Bags. Littonian Shoe Company ...... 31 Kaystone Street, P.O. Box 95, 02/01/96 Infant's and children's shoes and lead- Littlestown PA 17340. filled protective aprons. Custom Packaging Systems, Inc ...... 201 Glocheski St., P.O. Box 183, 02/05/96 Polypropylene and polyethylene bulk Manistee MI 49660. bags and liners for packing and trans- porting liquid & dry goods. CR Technology, Inc ...... 27752 El Lazo Road, Suite A, Laguna 02/12/96 Machinery used in electronic manufactur- Niguel CA 92656. ing: X-ray imaging devices. Magic Novelty Co., Inc ...... 308 Dyckman Street, New York NY 02/12/96 Imitation Jewelry. 10034-5351.

The petitions were submitted February 23, 1996. 81u), and the regulations of the Board pursuant to Section 251 of the Trade Act Lewis R. Podolske, (15 CFR Part 400). It was formally filed of 1974 (19 U.S.C. 2341). Consequently, Director, Trade Adjustment Assistance on February 21, 1996. the United States Department of Division. Subzone 78A was approved in 1982 Commerce has initiated separate [FR Doc. 96–4710 Filed 2–29–96; 8:45 am] for the manufacture of pickup trucks investigations to determine whether BILLING CODE 3510±24±M (Board Order 190, 47 FR 16191, 4–12– increased imports into the United States 82), and the scope of manufacturing of articles like or directly competitive authority was expanded to include with those produced by each firm Foreign-Trade Zones Board automobiles, engines and transaxles in contributed importantly to total or 1984 (Board Order 272, 49 FR 35395, 9– partial separation of the firm’s workers, [Docket 13±96] 7–84). In 1993, the subzone boundaries or threat thereof, and to a decrease in were expanded, as was the scope of sales or production of each petitioning Foreign-Trade Subzone 78AÐNissan authority to manufacture under zone firm. Motor Manufacturing Corporation procedures (Board Order 632, 58 FR Any party having a substantial U.S.A. (Motor Vehicles and 18850, 3–30–93). interest in the proceedings may request Components); Expansion of Subzone; Smyrna, TN NMMC now requests that the subzone a public hearing on the matter. A status be extended to include its new request for a hearing must be received An application has been submitted to engine/powertrain plant (currently by the Trade Adjustment Assistance the Foreign-Trade Zones Board (the under construction) in Decherd Division, Room 7023, Economic Board) by the Metropolitan Nashville- (Franklin County), Tennessee, some 65 Development Administration, U.S. Davidson County Port Authority, miles west of Chattanooga. The new Department of Commerce, Washington, grantee of FTZ 78, Nashville, Tennessee, manufacturing facility (200,000 sq. ft. on DC 20230, no later than the close of requesting authority to expand FTZ 958 acres) will be used to produce business of the tenth calendar day Subzone 78A (Nissan Motor 200,000 engines and 300,000 transaxles following the publication of this notice. Manufacturing Corporation U.S.A. annually. The engines will equip autos The Catalog of Federal Domestic (NMMC) plant, Smyrna, Tennessee), to manufactured at NMMC’s Smyrna plant. Assistance official program number and include a site in Decherd, Tennessee. The transaxles will be used to equip title of the program under which these The application was submitted pursuant autos manufactured in NMMC’s Smyrna petitions are submitted is 11.313, Trade to the provisions of the Foreign-Trade plant and minivans (a Ford/Nissan Adjustment Assistance. Zones Act, as amended (19 U.S.C. 81a– joint-venture vehicle) manufactured at 8028 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices

Ford’s Avon Lake, Ohio, plant (Subzone A copy of the application and the Department has not received a request 40C). The application states that the accompanying exhibits will be available to conduct an administrative review for powertrain components produced at the for public inspection at each of the the most recent four consecutive annual new Decherd plant (471 employees) will following locations: anniversary months: displace imports of finished Nissan Office of the Port Director, U.S. Customs Antidumping Proceeding engines and transaxles. Actually, Service, Post Office Box 270008, 939 NMMC already has authority to produce Airport Service Road, Nashville, TN 37227; Australia these items under zone procedures and Canned Bartlett Pears within FTZ Subzone 78A (450,000 Office of the Executive Secretary, Foreign- A–602–039 engines, 270,000 transaxles annually) Trade Zones Board, U.S. Department of Commerce, Room 3716, 14th Street & 38 FR 7566 for vehicles assembled at Smyrna and March 23, 1973 Avon Lake, so this proposed subzone Pennsylvania Avenue, NW., Washington, DC 20230 Contact: Matthew Rosenbaum at (202) expansion will allow some of these 482–4377 items to be produced under zone Dated: February 22, 1996. procedures at the new plant site. John J. Da Ponte, Jr., Chile Parts and materials that would Executive Secretary. Standard Carnations initially be sourced from abroad [FR Doc. 96–4753 Filed 2–29–96; 8:45 am] A–337–602 include: gaskets/seals, articles of plastic BILLING CODE 3510±DS±P 52 FR 8939 and rubber, hoses, roller chain, steel March 20, 1987 studs, fasteners, cylinder heads, Contact: Lyn Johnson at (202) 482–5287 connecting rods, water pumps, filters, International Trade Administration valves, camshafts, crankshafts, bearings, France flywheels, pulleys, spark plugs, Intent to Revoke Antidumping Duty Brass Sheet & Strip distributors, ignition parts, clutches Orders and Findings and to Terminate A–427–602 (and related parts), electronic Suspended Investigations 52 FR 6995 March 6, 1987 controlling apparatus, thermostats, other AGENCY: Import Administration, Contact: Thomas Killiam at (202) 482– parts of internal combustion engines, International Trade Administration, 2704 lubricating pumps, valve bodies, and Department of Commerce. electronic controlling apparatus (duty ACTION: Notice of Intent to Revoke Israel rate range: free–10.8%). The application Antidumping Duty Orders and Findings indicates that the projected level of Oil Country Tubular Goods and to Terminate Suspended domestic parts sourcing at the Decherd A–508–602 Investigations. facility will be similar to the pattern for 52 FR 7000 March 6, 1987 motor vehicles manufactured at SUMMARY: The Department of Commerce Contact: Michael Heaney at (202) 482– NMMC’s Smyrna plant. (the Department) is notifying the public 4475 Zone procedures would continue to of its intent to revoke the antidumping exempt NMMC from Customs duty duty orders and findings and to Italy payments on the foreign components terminate the suspended investigations used in production for export. On its Brass Fire Protection Equipment listed below. Domestic interested parties A–475–401 domestic sales, the company would be who object to these revocations and able to continue to choose the lower 50 FR 8354 terminations must submit their March 1, 1985 duty rate that applies to finished autos comments in writing no later than the Contact: Leon McNeill at (202) 482– (2.5%) for the foreign inputs noted last day of March 1996. 4236 above. On finished engines and EFFECTIVE DATE: March 1, 1996. transaxles transferred to other auto Japan assembly subzones, duties on their FOR FURTHER INFORMATION CONTACT: Michael Panfeld or the analyst listed Televisions foreign components could be paid when A–588–015 those finished vehicles are withdrawn under Antidumping Proceeding at: Office of Antidumping Compliance, 36 FR 4597 for Customs entry. The application March 10, 1971 indicates that the savings from zone Import Administration, International Trade Administration, U.S. Department Contact: Sheila Forbes at (202) 482– procedures would help improve the 5253 Decherd plant’s international of Commerce, 14th Street & Constitution competitiveness. Avenue, N.W., Washington, D.C. 20230, Taiwan telephone (202) 482–4737. In accordance with the Board’s Light-Walled Welded Rectangular regulations, a member of the FTZ Staff SUPPLEMENTARY INFORMATION: Carbon Steel Tubing has been designated examiner to Background A–583–803 investigate the application and report to 54 FR 12457 the Board. The Department may revoke an March 27, 1989 Public comment on the application is antidumping duty order or finding or Contact: Thomas Barlow at (202) 482– invited from interested parties. terminate a suspended investigation if 0410 Submissions (original and three copies) the Secretary of Commerce concludes shall be addressed to the Board’s that it is no longer of interest to The People’s Republic of China Executive Secretary at the address interested parties. Accordingly, as Chloropicrin below. The closing period for their required by § 353.25(d)(4) of the A–570–002 receipt is April 30, 1996. Rebuttal Department’s regulations, we are 49 FR 10691 comments in response to material notifying the public of our intent to March 22, 1984 submitted during the foregoing period revoke the following antidumping duty Contact: Andrea Chu at (202) 482–4733 may be submitted during the subsequent orders and findings and to terminate the If no interested party requests an 15-day period (to May 15, 1996). suspended investigations for which the administrative review in accordance Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices 8029 with the Department’s notice of Avenue, N.W., Washington, D.C. 20230; postponed the preliminary opportunity to request administrative telephone: (202) 482–0116 or (202) 482– determination to January 26, 1996. See review, and no domestic interested 6320. Notice of Postponement of Preliminary party objects to the Department’s intent THE APPLICABLE STATUTE: Unless Determinations: Antidumping to revoke or terminate pursuant to this otherwise indicated, all citations to the Investigation of Large Newspaper notice, we shall conclude that the Tariff Act of 1930, as amended (the Act) Printing Presses and Components antidumping duty orders, findings, and are references to the provisions effective Thereof, Whether Assembled or suspended investigations are no longer January 1, 1995, the effective date of the Unassembled from Japan (60 FR 54841, of interest to interested parties and shall amendments made to the Act by the October 26, 1995). proceed with the revocation or Uruguay Rounds Agreements Act. On October 19, 1995, the petitioner termination. PRELIMINARY DETERMINATION: As alleged that there are reasonable grounds to believe or suspect that MHI Opportunity To Object explained in the memoranda from the Assistant Secretary for Import and TKS made below-cost sales of the Domestic interested parties, as Administration dated November 22, subject merchandise in Japan, and that defined in § 353.2(k) (3), (4), (5), and (6) 1995, and January 11, 1996, the these below-cost sales must be excluded of the Department’s regulations, may Department of Commerce (the from the Department’s calculation of object to the Department’s intent to Department) has exercised its discretion profit for constructed value (CV). revoke these antidumping duty orders to toll all deadlines for the duration of Because we determined the appropriate and findings or to terminate the the partial shutdowns of the Federal basis for normal value (NV) to be CV, we suspended investigations by the last day Government from November 15 through did not address petitioner’s below-cost of March 1996. Any submission to the November 21, 1995, and December 16, allegation. We did, however, solicit Department must contain the name and contract price and production costs data 1995, through January 6, 1996. Thus, all case number of the proceeding and a for MHI’s and TKS’s home market sales deadlines in this investigation have statement that explains how the of subject merchandise in order to been extended by 28 days, i.e., one day objecting party qualifies as a domestic compute selling,general and for each day (or partial day) the interested party under § 353.2(k) (3), (4), administratie expenses (SG&A) and Department was closed. The revised (5), and (6) of the Department’s profit for CV in accordance with section deadline for this preliminary regulations. 773(e)(2)(A) of the Act. (See ‘‘Product Seven copies of such objections determination is February 23, 1996. We preliminarily determine that large Comparisons’’ section of this notice.) should be submitted to the Assistant The Department issued Sections C newspaper printing presses and Secretary for Import Administration, and D of its questionnaire to MHI on components thereof (LNPPs) from Japan International Trade Administration, October 27, 1995.2 The Department are being, or are likely to be, sold in the Room B–099, U.S. Department of issued Section C, D, and E 3 to TKS on United States at less than fair value Commerce, Washington, D.C. 20230. October 27, 1995. MHI submitted its (LTFV), as provided in section 733 of You must also include the pertinent response to Section C and D on the Act. The estimated margins of sales certification(s) in accordance with December 1, 1995, as revised December at LTFV are shown in the ‘‘Suspension § 353.31(g) and § 353.31(i) of the 13, 1995. TKS submitted its response to of Liquidation’’ section of this notice. Department’s regulations. In addition, Section C, D, and E on December 1, the Department requests that a copy of Case History 1995. Because of the first partial federal the objection be sent to Michael F. Since the initiation of this government shutdown mentioned Panfeld in Room 4203. This notice is in investigation on July 20, 1995 (60 FR previously, a supplemental accordance with 19 CFR 353.25(d)(4)(i). 38546 (July 27, 1995)), the following questionnaire was not issued until December 8, 1995. Because of the Dated: February 26, 1996. events have occurred: second partial government shutdown, Joseph A. Spetrini, On August 14, 1995, the United States International Trade Commission (ITC) MHI and TKS responded to the Deputy Assistant Secretary for Compliance. supplemental questionnaires on January [FR Doc. 96–4851 Filed 2–29–96; 8:45 am] notified the Department of Commerce (the Department) of its affirmative 18, 1996. BILLING CODE 3510±DS±P On October 26 and 31, 1995, TKS preliminary determination. (See ITC requested that the Department exclude a Investigation No. 731–TA–736 and 737.) [A±588±837] On August 28, 1995, we presented certain sale to the Dallas Morning News Section A 1 of the questionnaires to the and a sale to the Spokane Spokesman Review from our antidumping analysis. Notice of Preliminary Determination of Japanese embassy, counsel for During the period preceding this Sales at Less Than Fair Value and Mitsubishi Heavy Industries, Ltd., (MHI) preliminary determination, the Postponement of Final Determination: and Tokyo Kikai Seisakusho, Ltd. (TKS). petitioner objected on several occasions Large Newspaper Printing Presses and MHI submitted responses to Section A to TKS’s proposal. We determined to Components Thereof, Whether on September 27, 1995, and October 10, include these two sales in our Assembled or Unassembled, From 1995, as revised on December 13, 1995. preliminary antidumping analysis, Japan TKS submitted responses to Section A contrary to TKS’s arguments, since U.S. on September 27, 1995, and October 2,5, AGENCY: Import Administration, sales cannot classified as outside the and 10, 1995, as revised on October 17, International Trade Administration, ordinary course of trade, and because 1995. Department of Commerce. there are no administrative barriers to On October 20, 1995, at the request of EFFECTIVE DATE: March 1, 1996. conducting an analysis of these sales. Rockwell Graphics Systems, Inc. And its FOR FURTHER INFORMATION CONTACT: parent company, Rockwell International 2 Section C requests data on sales to the United William Crow or Irene Darzenta, Office Corporation (the petitioner), we of Antidumping Investigations, Import States. Section D requests data on the cost of production and constructed value. Administration, International Trade 1 Section A requests data concerning corporate 3 Section E requests data on the cost of further Administration, U.S. Department of organization, accounting practices, markets and manufacturing or assembly performed in the United Commerce, 14th Street and Constitution merchandise. States. 8030 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices

See February 23, 1996, Memorandum to Postponement of Final Determination systems, press additions and press Richard W. Moreland, from The Team, and Extension of Provisional Measures components, whether assembled or Re: Request for Exclusion of TKS Sales. Pursuant to section 735(a)(2)(A) of the unassembled, that are capable of During the period July 28, 1995 Act, on February 9, 1996, MHI printing or otherwise manipulating a through January 23, 1996, the petitioner, requested, and on February 13, 1996, roll of paper more than two pages MHI and TKS filed comments TKS requested that, in the event of an across. A page is defined as a newspaper requesting clarification of the scope of affirmative preliminary determination broadsheet page in which the lines of this investigation with respect to in this investigation, the Department type are printed perpendicular to the elements (i.e., parts or subcomponents) postpone its final determination until 60 running of the direction of the paper or of covered components, and spare and days after the date of the scheduled final a newspaper tabloid page with lines of replacement parts. Respondents in the determination, which is equivalent to type parallel to the running of the companion investigation of LNPPs from 135 days after the publication of an direction of the paper. Germany, Ko¨nig Bauer Albert and MAN affirmative preliminary determination In addition to complete systems, the Roland Druckmaschienen, also in the Federal Register. In accordance scope of these investigations includes submitted comments concerning scope with 19 CFR 353.20(b), because our the five press system components. They on the record of this preceding. On preliminary determination is are: January 23, 1996, petitioner clarified the affirmative, the respondent accounts for (1) A printing unit, which is any scope to exclude used presses. See a significant proportion of exports of the component that prints in monocolor, Scope of Investigation section of this subject merchandise, and no compelling spot color and/or process (full) color, or notice. At the Department’s request, on reasons for denial exist, we are granting a printing-unit cylinder; February 8, 1996, the parties filed respondents’ request and postponing the (2) A reel tension paster (RTP), which comments on suspension of liquidation final determination. is any component that feeds a roll of instructions. Section 773(d) of the Act provides paper more than two newspaper that provisional measures may not broadsheet pages in width into a subject On February 2, 1996, petitioner filed printing unit; comments on issues concerning MHI to remain in effect for more than four (3) A folder, which is a module or be resolved and on general months. However, that provision of the combination of modules capable of methodologies to be employed in the Act also states that the Department may cutting, folding, and/or delivering the preliminary determination. Petitioner extend that period to six months at the paper from a roll or rolls of newspaper filed additional comments concerning request of exporters representing a broadsheet paper more than two pages MHI issues on February 8, 1996, and significant proportion of exports of the in width into a newspaper format; concerning TKS issues on February 6, subject merchandise. Such a request (4) Conveyance and access apparatus 1996. MHI and TKS filed such was made by both respondents in this capable of manipulating a roll of paper comments on February 6 and 16, 1996, investigation on February 23, 1996. more than two newspaper broadsheet respectively. Accordingly, we are extending the applicability of the provisional pages across through the production Respondent Selection measures to six months in this process and which provides structural investigation. support and access; and The producers named in the petition (5) A computerized control system, were MHI and TKS. On August 2, 1995, Scope of Investigation which is any computer equipment and/ we contacted the U.S. Embassy in As specified below, we have revised or software designed specifically to Tokyo, requesting the identification of the scope since our notice of initiation control, monitor, adjust, and coordinate Japanese producers and exporters of to exclude used presses, in accordance the functions and operations of large LNPPs to the United States, and the with the petitioner’s January 23, 1996, newspaper printing presses or press volume and value of subject clarification. Furthermore, we have components. merchandise they sold to the United clarified the scope to include A press addition is comprised of a States during the period January 1, 1991 ‘‘elements’’ (otherwise referred to as union of one or more of the press through May 31, 1995. On July 31, 1996, ‘‘parts’’ or ‘‘subcomponents’’) of an components defined above and the we requested the names and addresses LNPP system, addition or component, equipment necessary to integrate such of manufacturers or exporters; and the which taken as a whole, constitute a components into an existing press value and quantity of the subject subject LNPP system, addition or system. merchandise sold and shipped to the component used to fulfill an LNPP Because of their size, large newspaper United States for each company during contract. See ‘‘Scope Issues’’ section of printing press systems, press additions, the period January 1, 1991 through May this notice concerning the treatment of and press components are typically 31, 1995, from the Embassy of Japan in elements in the scope. In addition, we shipped either partially assembled or Washington D.C. On August 11, 1995, have stipulated that spare or unassembled. Any of the five we received a reply from the Embassy replacement parts, which are imported components, or collection of of Japan indicating that there were no pursuant to an LNPP contract and are components, the use of which is to other Japanese exporters of subject separately identified and valued in that fulfill a contract for large newspaper merchandise to the United States. At the contract, whether or not shipped in printing press systems, press additions, time of respondent selection, no reply combination with covered merchandise, or press components, regardless of had been received from our Embassy in are excluded from the scope of the degree of assembly and/or degree of Tokyo. investigation. (See February 23, 1996, combination with non-subject elements Based on the petition and the Decision Memorandum to Richard before or after importation, is included information received from the Embassy Moreland from The Team Re: Scope in the scope of this investigation. Also of Japan, we issued questionnaires to Issues.) included in the scope are elements of an MHI and TKS. (See the August 28, 1995, The products covered by these LNPP system, addition or component, Memorandum to The File Re: investigations are large newspaper which taken as a whole, constitute a Questionnaire Recipients.) printing presses, including press subject LNPP system, addition or Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices 8031 component used to fulfill an LNPP they comprise an incomplete subject Department will consider in its final contract. component. (For a complete discussion determination. Therefore, we are This scope does not cover spare or of these comments, see February 23, presently soliciting comments from replacement parts. Spare or replacement 1996 Memorandum to Richard W. interested parties as to the merits of parts imported pursuant to an LNPP Moreland from The Team Re: Scope these approaches and/or others that may contract, which are not integral to the Issues.) be relevant for use in the final original start-up and operation of the As stated in the ‘‘Scope of determination. Interested party LNPP, and are separately identified and Investigations’’ section above, we comments on this topic are due no later valued in an LNPP contract, whether or interpret the scope to include those than May 1, 1996. not shipped in combination with elements or collection of elements covered merchandise, are excluded from imported from a subject country in so Period of Investigation (POI) the scope of this investigation. Used far as they constitute any one of the five The petitioner, MHI, and TKS filed presses are also not subject to this covered components which are, in turn, comments on October 19, 20, 25 and 26, scope. Used presses are those that have used to fulfill a contract for a LNPP 1995, concerning the appropriate period been previously sold in an arm’s length press system, press addition or press of investigation (POI) and the use of transaction to a purchaser that used component. Individual parts per se are home market sales as the basis for NV. them to produce newspapers in the not covered by the scope of these On October 27, 1995, we established the ordinary course of business. investigations unless taken as a whole appropriate POI for MHI to be July 1, Further, these investigations cover all they constitute a subject component 1991 through June 30, 1995, and for current and future printing technologies used to fulfill an LNPP contract. This TKS to be July 1, 1992 through June 30, capable of printing newspapers, interpretation, however, raises a including, but not limited to question: at what point do the elements 1995. lithographic (offset or direct), imported from a subject country rise to As a result of changes to section flexographic, and letterpress systems. the level of an LNPP component, 773(b)(2)(B) of the Act, which codified The products covered by these addition or system subject to the scope the normal period within which sales investigations are imported into the of these investigations? made below the cost of production are United States under subheadings The Department must decide on a to be analyzed, the Department 8443.11.10, 8443.11.50, 8443.30.00, reasonable and practicable approach in modified its practice so that the 8443.59.50, 8443.60.00, and 8443.90.50 determining what constitutes a subject standard POI would cover a one-year of the HTSUS. Large newspaper printing LNPP component, addition or system, period. In this investigation, however, presses may also enter under HTSUS and in so doing, establish the basis on in order to capture sufficient and subheadings 8443.21.00 and 8443.40.00. which we will include elements in the representative sales, the Department Large newspaper printing press scope. We are considering two established a POI beyond the normal computerized control systems may enter alternative approaches for analyzing one-year period because of the nature of under HTSUS subheadings 8471.49.10, what governs the inclusion of parts or the LNPP industry, characterized by 8471.49.21, 8471.49.26, 8471.50.40, subcomponents, other than spare or custom order sales and long term sales 8471.50.80, 8524.51.30, 8524.52.20, replacement parts, within the scope of contracts. (See October 27, 1995, 8524.53.20, 8524.91.00, 8524.99.00 and these investigations. One approach Memorandum to Richard W. Moreland, 8537.10.90. Although the HTSUS would consider, on a case-by-case basis, from The Team Re: Establishing the subheadings are provided for whether the imported parts or Period of Investigation.) convenience and customs purposes, our subcomponents when taken together are written description of the scope of these essentially an LNPP system, addition or Exclusion of the Washington Post Sale investigations is dispositive. component. This so called ‘‘essence’’ On October 27, 1995, the Department approach is of necessity subjective and Scope Issues decided to exclude MHI’s sale to the turns on the question of how near the Washington Post from our antidumping Since our initiation, we received sum of the imported parts comes to analysis. (See Period of Investigation numerous comments from interested comprising a complete LNPP system, Memorandum). On November 7, and parties in this investigation and the addition or component. A second November 20, 1995, the petitioner concurrent investigation involving approach would consider the value of requested that the Department Germany, requesting that the the imported parts or subcomponents reconsider its decision. On November Department clarify the treatment of relative to the total value of the finished 13 and November 29, 1995, MHI ‘‘elements’’ in the scope of the LNPP component, addition or system in rebutted the petitioner’s arguments. investigation. the United States. That is, we would In general, respondents believe that if determine that the imported parts or The Department reaffirmed its the imported elements do not constitute subcomponents would be within the exclusion of the Washington Post sale a complete, albeit unassembled, scope if they comprised a certain from its margin analysis because (1) this component, or are missing ‘‘essential’’ minimum percentage of the value of the sale was unbuilt, unshipped, and elements to function as one of the five parts of a finished LNPP system, uninstalled at the time of our analysis; components named in the scope, they addition or component. (2) the Department believes that the would not be subject to the scope of this Both of these approaches raise historical bench-marking integral to the investigation and the concurrent threshold questions. Because certain use of estimated costs was not investigation involving Germany. The sales reported by respondents in both reasonably available; and (3) because petitioner believes that, because an the German and Japanese investigations the Department had two other sales imported LNPP press, addition or consist of imported elements from available for analysis which were built, component will almost always contain Germany or Japan, rather than a delivered and installed. (See February elements, which, by themselves, are not complete LNPP component, addition or 23, 1996, Memorandum to Richard W. subject to the scope, it is not practical system, acceptance of either of the two Moreland from The Team Re: to exclude these elements from the approaches will have implications as to Continuing the Exclusion of the scope of the investigation in so far as which of the respondents sales the Washington Post Sale). 8032 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices

The Nature of the Guard Sale transaction-specific NVs because there revenue for TKS USA during the fiscal On November 1, 1995, the petitioner are few sales and the merchandise is years 1991 through 1995, in order to requested that the Department custom-made. remove distortions in TKS USA’s financial statements caused by auditors’ determine that the correct price for the Constructed Export Price (CEP) and Department to examine with regard to modifications to revenue recognized Further Manufacturing (FM) during the POI. the ultimate purchase of an LNPP by the We also deducted the cost of any Guard Publication Company (Guard) is TKS further manufacturing or assembly TKS reported its sales as CEP and that set between MHI and the Sumitomo (including additional material and CEP/FM sales. Because we have Trading Company. In response to the labor). Finally, we made an adjustment classified installation expenses as petitioner’s questions, the Department for CEP profit in accordance with further manufacturing, we have treated held an ex parte meeting with counsel section 772(d)(3) of the Act. for MHI on December 7, 1995. all TKS sales as CEP/FM sales. We Furthermore, we have reclassified Following this meeting MHI submitted calculated CEP, in accordance with TKS’s combined training and U.S. documentation with respect to this subsections 772 (b) and (d) of the Act, testing expenses as installation transaction on December 7, 1995. MHI for (1) those sales to the first unaffiliated expenses. We then reclassified total supplemented this submission with purchaser that took place after installation expenses as U.S. further more documentation on December 12, importation by a seller affiliated with manufacturing activity. 1995. On January 11, 1996, the the producer/exporter and (2) those We classified installation charges as petitioner submitted comments sales involved in further manufacturing part of further manufacturing, because analyzing MHI’s documentation of the in the United States. the U.S. installation process involves transaction. Finally, MHI submitted We calculated CEP sales based on extensive technical activities on the part additional information concerning this packed, installed prices to unaffiliated of engineers and installation supervisors sale in its January 18, 1996, customers. We made deductions from and the integration of subject and non- supplemental response. MHI the starting price (gross unit price), for subject merchandise necessary for the maintained that the documentation was foreign inland freight to port in Japan, operation of LNPPs. See Certain evidence that the sale was made by MHI foreign brokerage and handling, Internal-Combustion, Industrial Forklift to Guard. international freight, combined marine Trucks from Japan, 53 FR 12565 (Apr. Because of the participation of MHI in and foreign insurance, U.S. brokerage 15, 1988) and Small Business Telephone the business dealings between and handling, U.S. Customs duty, U.S. Systems and Subassemblies thereof Sumitomo and Guard, the documented inland freight port to customer, U.S. from Korea, 54 FR 53151 (Dec. 27, correspondence between MHI and inland freight U.S. warehouse to 1989). Guard, and MHI’s actual performance customer, and U.S. inland insurance. We have also classified as part of pursuant to the Guard’s technical We also made deductions for imputed further manufacturing costs the costs of requirements, we established that the credit, warranty, and other direct selling certain non-Japanese items shipped appropriate transaction to examine was expenses including certain U.S. trade directly to the United States without the sale from MHI to Guard Publishing show expenses. further processing in Japan, and non- Company. (See February 23, 1996, In calculating imputed credit, we took Japanese items sourced in the United Memorandum to Richard W. Moreland into account the unique nature and States, for integration into the overall from The Team Re: Establishing the magnitude of the LNPP projects under LNPP during the installation process. Proper Guard Sale.) investigation. These projects require We recomputed the U.S. further substantial capital expenditures over an Product Comparisons manufacturer’s reported G&A rate using extended time period because of their the cost of goods sold amount reported Although the home market was size and their lengthy production in its audited financial statements; and viable, in accordance with section 773 process. Moreover, the projects we included interest expense relating to of the Act, we based NV on constructed generally call for the purchaser to the cost of installation in U.S. further value (CV) because we determined that provide scheduled progress payments manufacturing. the particular market situation, which prior to the completion of a given requires that the subject merchandise be project. In consideration of these factors, MHI built to each customer’s specifications, we computed credit by applying an MHI reported its sales as EP sales. We does not permit proper price-to-price interest rate to the net balance of have classified all MHI sales as CEP/FM comparisons. (See November 9, 1995, production costs incurred and progress sales because MHI’s affiliated U.S. sales Memorandum to Richard W. Moreland payments made during the construction agent acted as more than a processor of from The Team Re: Determining the period. We imputed credit expenses for sales-related documentation and a Appropriate Basis for Normal Value.) U.S. sales using U.S. prime short-term communication link with the interest rates as reported by the Federal unaffiliated U.S. customers; the U.S. Fair Value Comparisons Reserve, calculated as a weighted- affiliate engaged in a broad range of To determine whether MHI’s and average rate for each fiscal year in the activities including coordination of TKS’s sales of LNPPs to the United POI, since these sales were denominated installation, which we have classified as States were made at less than fair value, in U.S. dollars. However, because TKS further manufacturing. We calculated we compared Constructed Export Price reported that it did not borrow in U.S. CEP, in accordance with subsections (CEP) to the NV, as described in the dollars, we used U.S. prime short-term 772 (b) and (d) of the Act, for these sales ‘‘Constructed Export Price’’ and interest rates as a surrogate rate. because they involved further ‘‘Normal Value’’ sections of this notice. We deducted those indirect selling manufacturing in the United States. In accordance with section expenses that related to economic We calculated CEP sales based on 777A(d)(1)(A)(ii), we calculated activity in the United States. We have packed, installed prices to unaffiliated transaction-specific CEPs (which in this recalculated TKS’s reported indirect customers in the United States. We case were synonymous with model- selling expenses incurred in the United made deductions for inland freight to specific CEPs) for comparison to States using the total expenses and total port in Japan; foreign brokerage and Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices 8033 handling; international freight; engineers and installation supervisors contractual documentation and combined foreign inland and marine and the integration of subject and non- therefore was not excluded from CEP. insurance, export insurance and U.S. subject merchandise necessary for the For selling expenses, we used the inland insurance, U.S. brokerage and operation of LNPPs. weighted-average home market selling handling, U.S. Customs duty. We have also classified as part of expense rate, calculated based on sales We also made deductions for post-sale further manufacturing costs the costs of made in the ordinary course of trade, warehousing, commissions, imputed certain non-Japanese items shipped and applied this rate to U.S. cost of credit, direct warranty and training directly to the United States without manufacture. expenses, where applicable. further processing in Japan, and non- In accordance with section With respect to reported technical Japanese items sourced in the United 773(a)(6)(B), we added U.S. packing service expenses, direct and indirect, we States, for integration into the overall costs to a CV net of packing. have included these as part of total LNPP during the installation process. MHI installation expenses. We then We also deducted the cost of any reclassified total installation expenses further manufacturing or assembly In accordance with section 773(e)(1) as U.S. further manufacturing activity. (including additional material and of the Act, we calculated CV based on We are continuing to use the amounts labor). We made an adjustment for CEP the sum of the respondent’s cost of reported for technical expenses for profit in accordance with section materials, fabrication, SG&A and U.S. purposes of the preliminary 772(d)(3) of the Act. Finally, we packing costs as reported in the U.S. determination. In light of MHI’s claim adjusted MHI’s reported U.S. further sales database. In accordance with that the expenses are limited in time, manufacturing costs to include a portion section 773(e)(2)(A), we based SG&A the magnitude of any changes, and the of MHI’s G&A and interest expense. and profit on the amounts incurred and relationship between technical services We also deducted the value of spare realized by the respondent in in future years and the nature of MHI and replacement parts which are connection with the production and sale product warranties, we are not changing excluded from the scope of the of the foreign like product in the the reported values; we will require investigation, from the starting price, ordinary course of trade, for MHI to explain explicitly the where the value of these spare and consumption in the foreign country. administration of its technical servicing replacement parts was separately We relied on the respondent’s CV for purposes of the final determination. identified in the contractual amounts except in the following specific We deducted those indirect selling documentation relevant to the sale. instances wherein the reported costs expenses that related to economic were improperly valued: activity in the United States. We have Normal Value/Constructed Value 1. We increased materials and modified the calculation of Mitsubishi For the reasons outlined in the contract labor costs to account for Lithographic Presses—(MLP’s) reported ‘‘Product Comparisons’’ section of this inputs purchased from affiliated parties indirect selling expenses to correct the notice, we based NV on CV. at below cost prices; and allocation methodology for common 2. We recalculated G&A and interest G&A expenses. TKS expense to include all four years of the In calculating imputed credit, we took In accordance with section 773(e)(1) POI. into account the unique nature and of the Act, we calculated CV based on We calculated imputed credit for CV magnitude of the LNPP projects under the sum of the respondent’s cost of purposes in accordance with the investigation. These projects require materials, fabrication, SG&A and U.S. methodology explained in the substantial capital expenditures over an packing costs as reported in the U.S. ‘‘Constructed Export Price’’ section of extended time period because of their sales database. In accordance with this notice. We imputed credit expenses size and their lengthy production section 773(e)(2)(A), we based SG&A for CV using the weighted-average home process. Moreover, the projects and profit on the amounts incurred and market short-term interest rate reported generally call for the purchaser to realized by the respondent in for the POI since these sales were provide scheduled progress payments connection with the production and sale denominated in yen. prior to the completion of a given of the foreign like product in the For selling expenses, we used the project. In consideration of these factors, ordinary course of trade, for weighted-average home market selling we computed credit by applying an consumption in the foreign country. expense rate, calculated based on sales interest rate to the net balance of We relied on the respondent’s CV made in the ordinary course of trade, production costs incurred and progress amounts except in the following specific and applied this rate to U.S. cost of payments made during the construction instance wherein the reported costs manufacture. period. We imputed credit expenses for were improperly valued: For one Dallas In accordance with section U.S. sales using U.S. prime short-term Morning News sale, we included the 773(a)(6)(B), we added the U.S. packing interest rates as reported by the Federal costs of parts from earlier unsold costs to a CV net of packing. Reserve, calculated as a weighted- models. Price to CV Comparisons average rate for each fiscal year in the We calculated imputed credit for CV POI, since these sales were denominated purposes in accordance with the TKS in U.S. dollars. However, because MHI methodology explained in the For CEP to CV comparisons, we reported that it did not borrow in U.S. ‘‘Constructed Export Price’’ section of deducted from CV the weighted-average dollars, we used U.S. prime short-term this notice. We imputed credit expenses home market direct selling expenses, interest rates as a surrogate rate. for CV using the weighted-average home pursuant to section 773(a)(8) of the Act. Furthermore, we classified total market short-term interest rate reported installation expenses as part of U.S. for the POI since these sales were MHI further manufacturing activity. We denominated in yen. For CEP to CV comparisons, we classified installation charges as part of We also included in CV the costs of deducted from CV the weighted-average further manufacturing, because the U.S. spare and replacement parts for those home market direct selling expenses installation process involves extensive U.S. sales where the value of these parts including commissions, pursuant to technical activities on the part of could not be separately identified in the section 773(a)(8) of the Act. 8034 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices

Currency Conversion for consumption, on or after the date of determination is affirmative, the ITC Section 773A(a) of the Act directs the publication of this notice in the Federal will determine before the later of 120 Department to convert foreign Register. Furthermore, because we are days after the date of this preliminary currencies based on the dollar exchange still in the process of clarifying the determination or 45 days after our final rate in effect on the date of sale of the definition of a subject LNPP system, determination whether these imports subject merchandise, except if it is addition, or component, as explained in are materially injuring, or threaten established that a currency transaction the ‘‘Scope Issues’’ section of this material injury to, the U.S. industry. notice, we are also directing the on forward markets is directly linked to Public Comment an export sale. When a company Customs Service to suspend liquidation of entries of elements (parts or demonstrates that a sale on forward Case briefs or other written comments subcomponents) of components markets is directly linked to a particular in at least ten copies must be submitted export sale in order to minimize its imported to fulfill a contract for an LNPP system, addition, or component, to the Assistant Secretary for Import exposure to exchange rate losses, the Administration no later than May Department will use the rate of from Japan, that are entered, or withdrawn from warehouse for 24,1996, and rebuttal briefs, no later exchange in the forward currency sale than May 30, 1996. A list of authorities agreement. In this case, although one consumption, on or after the date of publication of this notice in the Federal used and an executive summary of respondent reported that foreign issues should accompany any briefs exchange currency contracts applied to Register. In addition, in order to ensure that submitted to the Department. Such its reported U.S. sales, the record our suspension of liquidation summary should be limited to five pages information was not sufficient to instructions are not so broad as to cover total, including footnotes. In accordance conclude that these contracts were merchandise imported for non-subject directly linked to the particular sales in with section 774 of the Act, we will uses, foreign producers/exporters and question. hold a public hearing, if requested, to U.S. importers in the LNPP industry Therefore, for the purpose of the afford interested parties an opportunity shall be required to provide certification preliminary determination, we made to comment on arguments raised in case that the imported merchandise would currency conversions based on the or rebuttal briefs. Tentatively, the not be used to fulfill an LNPP contract. official exchange rates in effect on the hearing will be held on June 4, 1996, We will also request that these parties dates of the U.S. sales as certified by the time and place to be determined, at the register with the Customs Service the Federal Reserve Bank. Section 773A(a) U.S. Department of Commerce, 14th LNPP contract number pursuant to directs the Department to use a daily Street and Constitution Avenue, N.W., which the merchandise is imported. exchange rate in order to convert foreign Washington, D.C. 20230. Parties should With respect to entries of LNPP spare currencies into U.S. dollars, unless the confirm by telephone the time, date, and and replacement parts, and used daily rate involves a ‘‘fluctuation.’’ For place of the hearing 48 hours before the presses, from Japan, which are expressly this preliminary determination, we have scheduled time. excluded from the scope of the determined that a fluctuation exists investigation, we will instruct the Interested parties who wish to request when the daily exchange rate differs Customs Service not to suspend a hearing, or to participate if one is from the benchmark rate by 2.25 liquidation of these entries if they are requested, must submit a written percent. The benchmark is defined as separately identified and valued in the request to the Assistant Secretary for the rolling average of rates for the past LNPP contract pursuant to which they Import Administration, U.S. Department 40 business days. When we determined are imported. a fluctuation existed, we substituted the of Commerce, Room B–099, within ten The Customs Service will require a days of the publication of this notice. benchmark for the daily rate. cash deposit or posting of a bond equal Further, section 773A(b) directs the Requests should contain: (1) The party’s to the estimated amount by which the name, address, and telephone number; Department to allow a 60-day normal value exceeds the export price adjustment period when a currency has (2) the number of participants; and (3) as shown below. These suspension of a list of the issues to be discussed. Oral undergone a sustained movement. Such liquidation instructions will remain in an adjustment period is required only presentations will be limited to issues effect until further notice. raised in the briefs. If this investigation when a foreign currency is appreciating The weighted-average dumping proceeds normally, we will make our against the U.S. dollar. The use of an margins are as follows: adjustment period was not warranted in final determination by 135 days after the this case, because the dates of sale Weighted- publication of this notice in the Federal occurred within periods where the Exporter/Manufacturer average Register. Japanese yen remained generally margin per- centage This determination is published constant against the U.S. dollar. pursuant to section 733(f) of the Act. Mitsubishi Heavy Industries, Verification Dated: February 23, 1996. Ltd...... 47.57% As provided in section 782(i) of the Tokyo Kikai Seisakusho, Ltd. ... 58.14% Susan G. Esserman, Act, we will verify all information used All Others ...... 53.72% Assistant Secretary for Import in making our final determination. Administration. The All Others rate applies to all Suspension of Liquidation [FR Doc. 96–4729 Filed 2–29–96; 8:45 am] entries of subject merchandise except BILLING CODE 3510±DS±P In accordance with section 733(d) of for entries of merchandise produced by the Act, we are directing the Customs MHI and TKS. Service to suspend liquidation of all entries of LNPP systems, additions, and ITC Notification components, whether assembled or In accordance with section 733(f) of unassembled, from Japan, that are the Act, we have notified the ITC of our entered, or withdrawn from warehouse determination. If our final Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices 8035

[A±428±821] 60 FR 38546 (July 27, 1995)(Initiation to these sections of the questionnaire Notice)), the following events have were received on December 13, 1995. A Notice of Preliminary Determination of occurred: supplemental questionnaire was not Sales at Less Than Fair Value and On August 14, 1995, the United States issued to MAN Roland on January 18, Postponement of Final Determination: International Trade Commission (‘‘ITC’’) 1996. On January 30, 1996, MAN Large Newspaper Printing Presses and notified the Department of Commerce Roland submitted corrections to clerical Components Thereof, Whether (the Department) of its affirmative errors contained in its December 13, Assembled or Unassembled, From preliminary determination (see ITC 1995, Section D response. MAN Germany Investigation No. 731–TA–736 and 737). Roland’s responses to the Department’s On August 28, 1995, we presented supplemental questionnaire were AGENCY: Import Administration, Section A of the Department’s received on January 31, and February 1, International Trade Administration, questionnaire 1 to MAN Roland 1996. A revised U.S. sales listing was Department of Commerce. Druckmaschinen AG and its U.S. submitted on February 2, 1996. EFFECTIVE DATE: March 1, 1996. affiliate MAN Roland Inc. (collectively During the period July 28, 1995 FOR FURTHER INFORMATION CONTACT: ‘‘MAN Roland’’), and Koenig & Bauer- through January 23, 1996, the petitioner, Irene Darzenta or William Crow, Office Albert AG and its U.S. affiliate KBA- MAN Roland and KBA filed comments of Antidumping Investigations, Import Motter Corp. (collectively, ‘‘KBA’’). See requesting clarification of the scope of Administration, International Trade the ‘‘Respondent Selection’’ section of this investigation with respect to Administration, U.S. Department of this notice. MAN Roland’s responses to elements (i.e., parts or subcomponents) Commerce, 14th Street and Constitution Section A were received on September of covered components, and spare and Avenue, N.W., Washington, D.C. 20230; 27, 1995 (as amended on September 29, replacement parts. Respondents in the telephone: (202) 482–6320 or (202) 482– 1995), October 4, 1995, and October 10, concurrent investigation of LNPPs from 0116. 1995. On September 25, 1995, KBA Japan, Mitsubishi Heavy Industries, Ltd. and Tokyo Kikai Seisakusho, also The Applicable Statute informed the Department that it would not be responding to the Department’s submitted comments concerning scope. Unless otherwise indicated, all questionnaire. On January 23, 1996, the petitioner citations to the Tariff Act of 1930, as On October 20, 1995, at the request of clarified the scope to exclude used amended (the Act) are references to the Rockwell International Corporation (the presses. See ‘‘Scope of Investigation’’ provisions effective January 1, 1995, the petitioner), we postponed the section of this notice. At the effective date of the amendments made preliminary determination to January Department’s request, on February 8, to the Act by the Uruguay Rounds 26, 1996. (See Notice of Postponement 1996, the parties filed comments on Agreements Act. of Preliminary Determinations: suspension of liquidation instructions. On February 2 and 9, 1996, the Preliminary Determination Antidumping Investigation of Large Newspaper Printing Presses and petitioner filed comments on issues to As explained in the memoranda from Components Thereof, Whether be resolved and methodologies to be the Assistant Secretary for Import Assembled or Unassembled From Japan, employed in the preliminary Administration dated November 22, 60 FR 54841, October 26, 1995.) determination. KBA and MAN Roland 1995, and January 11, 1996, the On October 24, 1995, the petitioner filed such comments on February 8 and Department of Commerce (the alleged that there are reasonable 12, 1996, respectively. Department) has exercised its discretion grounds to believe or suspect that MAN Facts Available to toll all deadlines for the duration of Roland made below-cost sales of the the partial shutdowns of the Federal subject merchandise in Germany, and KBA failed to respond to the Government from November 15 through that these below-cost sales must be Department’s questionnaire. Section November 21, 1995, and December 16, excluded from the Department’s 776(a)(2) of the Act provides that if an 1995, through January 6, 1996. Thus, all calculation of profit for constructed interested party (1) withholds deadlines in this investigation have value (‘‘CV’’). Because we determined information that has been requested by been extended by 28 days, i.e., one day the appropriate basis for normal value the Department, (2) fails to provide such for each day (or partial day) the (‘‘NV’’) to be CV, we did not address information in a timely manner or in the Department was closed. The revised petitioner’s below-cost allegation. We form or manner requested, (3) deadline for this preliminary did, however, solicit contract price and significantly impedes a determination determination is February 23, 1996. production cost data for MAN Roland’s under the antidumping statute, or (4) We preliminarily determine that large home market sales of subject provides such information but the newspaper printing presses and merchandise in order to compute information cannot be verified, the components thereof (‘‘LNPPs’’) from selling, general and administrative Department shall use facts otherwise Germany are being, or are likely to be, (SG&A) expenses, and profit for CV in available in reaching the applicable sold in the United States at less than fair accordance with section 773(e)(2)(A) of determination. Because KBA failed to value (‘‘LTFV’’), as provided in section the Act. (See ‘‘Product Comparisons’’ respond to the Department’s 733 of the Act. The estimated margins section of this notice.) questionnaire, we must use facts of sales at LTFV are shown in the The Department issued Sections C, D otherwise available with regard to KBA. ‘‘Suspension of Liquidation’’ section of and E of its questionnaire 2 to MAN Section 776(b) provides that adverse this notice. Roland on October 27, 1995. Responses inferences may be used against a party that has failed to cooperate by not acting Case History 1 Section A requests data concerning corporate to the best of its ability to comply with Since the initiation of this organization, accounting practices, markets and requests for information. See also investigation on July 20, 1995 (Notice of merchandise. Statement of Administrative Action, at Initiation of Antidumping Duty 2 Section C requests data on sales to the United 870. KBA’s failure to reply to the States. Section D requests data on the cost of Investigation: Large Newspaper Printing production and constructed value. Section E Department’s questionnaire Presses and Components Thereof, requests data on the cost of further manufacturing demonstrates that KBA has failed to Whether Assembled or Disassembled, or assembly performed in the United States. cooperate to the best of its ability in this 8036 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices investigation. Thus, the Department has manufacturers of various press component used to fulfill an LNPP determined that, in selecting among the technologies, it did not specify whether contract. See ‘‘Scope Issues’’ section of facts otherwise available to KBA, an they were producers/exporters of the this notice concerning the treatment of adverse inference is warranted. As facts subject merchandise. elements in the scope. In addition, we otherwise available, we are assigning to Based on the petition and the have stipulated that spare or KBA the margin stated in the notice of information received from the U.S. replacement parts, which are imported initiation, 46.40 percent. Embassy, we issued questionnaires to pursuant to an LNPP contract and are Section 776(c) provides that when the MAN Roland and KBA. We did not send separately identified and valued in that Department relies on secondary any additional questionnaires, as no contract, whether or not shipped in information (such as the petition) in evidence on the record suggested that combination with covered merchandise, using the facts otherwise available it any other German manufacturer sold are excluded from the scope of the must, to the extent practicable, LNPPs in the United States during the investigation. See February 23, 1996, corroborate that information from specified period. (See Memorandum to Decision Memorandum to Richard independent sources that are reasonably The File Re: Questionnaire Recipients, Moreland from The Team Re: Scope at its disposal. When analyzing the dated August 28, 1995.) Issues. petition, the Department reviewed all of Postponement of Final Determination The products covered by these the data the petitioner had in and Extension of Provisional Measures investigations are large newspaper calculating the estimated dumping printing presses, including press margin. This estimated dumping margin Pursuant to section 735(a)(2)(A) of the systems, press additions and press Act, on February 23, 1996, MAN was based on a comparison of the bid components, whether assembled or Roland, requested that, in the event of price for a sale of a LNPP system made unassembled, that are capable of an affirmative preliminary by MAN Roland to an unrelated U.S. printing or otherwise manipulating a determination in this investigation, the customer and the CV of that LNPP roll of paper more than two pages Department postpone its final system. As a result of that analysis, the across. A page is defined as a newspaper determination until 60 days after the Department modified the CV broadsheet page in which the lines of date of the scheduled final methodology that the petitioner relied type are printed perpendicular to the determination, which is equivalent to upon in calculating the estimated running of the direction of the paper or 135 days after the publication of an margin. On the basis of those a newspaper tabloid page with lines of affirmative preliminary determination modifications, the Department type parallel to the running of the in the Federal Register. In accordance recalculated the estimated dumping direction of the paper. with 19 CFR 353.20(b)(1995), because margin and found it to be 46.40 percent. In addition to complete systems, the See Initiation Notice. The Department our preliminary determination is affirmative, the respondent accounts for scope of these investigations includes corroborated all of the secondary the five press system components. They information from which the margin was a significant proportion of exports of the are: calculated during our pre-initiation subject merchandise, and no compelling (1) A printing unit, which is any analysis of the petition, to the extent reasons for denial exist, we are granting component that prints in monocolor, appropriate information was available respondent’s request and postponing the spot color and/or process (full) color, or for this purpose at that time. For final determination. a printing-unit cylinder; purposes of the preliminary Section 733(d) of the Act provides determination, the Department that provisional measures may not (2) A reel tension paster (RTP), which reexamined the price information remain in effect for more than four is any component that feeds a roll of provided in the petition in light of months. However, that provision of the paper more than two newspaper information developed during the Act also states that the Department may broadsheet pages in width into a subject investigation, and found that it extend that period to six months at the printing unit; continues to be of probative value. request of exporters representing a (3) A folder, which is a module or significant proportion of exports of the combination of modules capable of Respondent Selection subject merchandise. No such explicit cutting, folding, and/or delivering the The producers named in the petition request was made in this case. However, paper from a roll or rolls of newspaper were MAN Roland and KBA. On August we interpret the request of MAN Roland broadsheet paper more than two pages 4, 1995, we contacted the U.S. Embassy to extend the final determination in this in width into a newspaper format; in Bonn, Germany, requesting the investigation to contain an implied (4) Conveyance and access apparatus identification of German producers and request to extend provisional measures capable of manipulating a roll of paper exporters of LNPPs to the United States, in accordance with Section 733(d) of the more than two newspaper broadsheet and the volume and value of subject Act. Accordingly, we have extended the pages across through the production merchandise they sold to the United period for provisional measures to six process and which provides structural States during the period January 1, 1991 months. support and access; and through May 31, 1995. On August 24, (5) A computerized control system, 1995, we received a reply cable with Scope of Investigation which is any computer equipment and/ information concerning the U.S. sales As specified below, we have revised or software designed specifically to activities of MAN Roland and KBA. The the scope since our notice of initiation control, monitor, adjust, and coordinate cable did not indicate that there were to exclude used presses, in accordance the functions and operations of large other German exporters of subject with the petitioner’s January 23, 1996, newspaper printing presses or press merchandise to the United States. In clarification. Furthermore, we have components. addition to this cable, we received a clarified the scope to include A press addition is comprised of a separate cable from the U.S. Embassy ‘‘elements’’ (otherwise referred to as union of one or more of the press replying to the ITC’s request for ‘‘parts’’ or ‘‘subcomponents’’) of an components defined above and the information on German manufacturers LNPP system, addition or component, equipment necessary to integrate such of subject merchandise. While this cable which taken as a whole, constitute a components into an existing press identified eight additional German subject LNPP system, addition or system. Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices 8037

Because of their size, large newspaper clarify the treatment of ‘‘elements’’ in LNPP component, addition or system in printing press systems, press additions, the scope of the investigation. the United States. That is, we would and press components are typically In general, respondents believe that if determine that the imported parts or shipped either partially assembled or the imported elements do not constitute subcomponents would be within the unassembled. Any of the five a complete, albeit unassembled, scope if they comprised a certain components, or collection of component, or are missing ‘‘essential’’ minimum percentage of the value of the components, the use of which is to elements to function as one of the five parts of a finished LNPP system, fulfill a contract for large newspaper components named in the scope, they addition or component. would not be subject to the scope of this printing press systems, press additions, Both of these approaches raise investigation and the concurrent or press components, regardless of threshold questions. Because certain investigation involving Japan. The degree of assembly and/or degree of sales reported by respondents in both petitioner believes that, because an combination with non-subject elements the German and Japanese investigations imported LNPP press, addition or before or after importation, is included consist of imported elements from component will almost always contain in the scope of this investigation. Also Germany or Japan, rather than a elements, which, by themselves, are not included in the scope are elements of an complete LNPP component, addition or subject to the scope, it is not practical LNPP system, addition or component, system, acceptance of either of the two to exclude these elements from the which taken as a whole, constitute a approaches will have implications as to subject LNPP system, addition or scope of the investigation in so far as they comprise an incomplete subject which of the respondents’ sales the component used to fulfill an LNPP Department will consider in its final contract. component. For a complete discussion of these comments, see February 23, determination. Therefore, we are This scope does not cover spare or presently soliciting comments from replacement parts. Spare or replacement 1996 Memorandum to Richard W. Moreland from The Team Re: Scope interested parties as to the merits of parts imported pursuant to an LNPP these approaches and/or others that may contract, which are not integral to the Issues. As stated in the ‘‘Scope of be relevant for use in the final original start-up and operation of the Investigations’’ section above, we determination. Interested party LNPP, and are separately identified and interpret the scope to include those comments on this topic are due no later valued in an LNPP contract, whether or elements or collection of elements than May 1, 1996. not shipped in combination with imported from a subject country in so covered merchandise, are excluded from Period of Investigation (POI) far as they constitute any one of the five the scope of this investigation. Used covered components which are, in turn, The petitioner and MAN Roland filed presses are also not subject to this used to fulfill a contract for a LNPP comments during the period October 19 scope. Used presses are those that have press system, press addition or press through 26, 1995, concerning the been previously sold in an arm’s length component. Individual parts per se are appropriate POI. On October 27, 1995, transaction to a purchaser that used not covered by the scope of these we established the appropriate POI for them to produce newspapers in the investigations unless taken as a whole MAN Roland to be July 1, 1993 through ordinary course of business. they constitute a subject component June 30, 1995. Further, these investigations cover all used to fulfill an LNPP contract. This As a result of changes to section current and future printing technologies interpretation, however, raises a capable of printing newspapers, 773(b)(2)(B) of the Act, which codified question: at what point do the elements the normal period within which sales including, but not limited to imported from a subject country rise to made below the cost of production are lithographic (offset or direct), the level of an LNPP component, to be analyzed, the Department flexographic, and letterpress systems. addition or system subject to the scope modified the standard POI to cover a The products covered by these of these investigations? investigations are imported into the The Department must decide on a one year period. In this investigation, United States under subheadings reasonable and practicable approach in however, in order to capture sufficient 8443.11.10, 8443.11.50, 8443.30.00, determining what constitutes a subject and representative sales, the Department 8443.59.50, 8443.60.00, and 8443.90.50 LNPP component, addition or system, extended the POI to two years, instead of the HTSUS. Large newspaper printing and in so doing, establish the basis on of the normal one-year period, because presses may also enter under HTSUS which we will include elements in the of the nature of the LNPP industry, subheadings 8443.21.00 and 8443.40.00. scope. We are considering two characterized by custom order sales and Large newspaper printing press alternative approaches for analyzing long term sales contracts. (See October computerized control systems may enter what governs the inclusion of parts or 27, 1995 Memorandum to Richard W. under HTSUS subheadings 8471.49.10, subcomponents, other than spare or Moreland from The Team Re: 8471.49.21, 8471.49.26, 8471.50.40, replacement parts, within the scope of Establishing the Period of Investigation.) 8471.50.80, 8524.51.30, 8524.52.20, these investigations. One approach Product Comparisons 8524.53.20, 8524.91.00, 8524.99.00 and would consider, on a case-by-case basis, 8537.10.90. Although the HTSUS whether the imported parts or Although the home market was subheadings are provided for subcomponents when taken together are viable, in accordance with section 773 convenience and customs purposes, our essentially an LNPP system, addition or of the Act, we based NV on CV because written description of the scope of these component. This so-called ‘‘essence’’ we determined that the particular investigations is dispositive. approach is of necessity subjective and market situation, which requires that turns on the question of how near the the subject merchandise be built to each Scope Issues sum of the imported parts comes to customer’s specifications, does not Since our initiation, we received comprising a complete LNPP system, permit proper price-to-price numerous comments from interested addition or component. A second comparisons. (See November 9, 1995, parties in this investigation and the approach would consider the value of Memorandum to Richard W. Moreland concurrent investigation involving the imported parts or subcomponents from The Team Re: Determining the Japan, requesting that the Department relative to the total value of the finished Appropriate Basis for Normal Value.) 8038 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices

Fair Value Comparisons We also deducted those indirect of the foreign like product in the selling expenses that related to ordinary course of trade, for To determine whether MAN Roland’s economic activity in the United States. consumption in the foreign country. sales of LNPPs to the United States were We recalculated these expenses based We relied on the respondent’s CV made at less than fair value, we on sales revenues, rather than sales amounts, except in the following compared Constructed Export Price orders. We disallowed an adjustment for specific instances wherein the reported (‘‘CEP’’) to the NV, as described in the the warehousing income claimed for costs were improperly valued: ‘‘Constructed Export Price’’ and one sale because of insufficient 1. We excluded respondent’s reported ‘‘Normal Value’’ sections of this notice. evidence on the record to support negative interest expense amounts for In accordance with section respondent’s claim that such an all sales; 777A(d)(1)(A)(ii), we calculated adjustment was warranted. 2. We excluded the multiple facility transaction-specific CEPs (which in this We also deducted the value of spare adjustment reported in cost of case were synonymous with model- and replacement parts, which are manufacturing (‘‘COM’’); specific CEPs) for comparison to excluded from the scope of the 3. For each uncompleted press, we transaction-specific NVs because of the investigation, where the value of these applied to the submitted standard limited number of sales and the custom- spare and replacement parts was overhead costs the variance experienced made merchandise. separately identified in the contractual by MAN Roland for the most recently Constructed Export Price documentation governing the sale. In completed fiscal year (July 1, 1994 addition, for one sale, we deducted the through June 30, 1995); In accordance with subsections 772(b) value of the used equipment portion of 4. We recalculated the time variance and (d) of the Act, we calculated CEP for the LNPP which is excluded from the for manufacturing overhead costs based sales to the first unaffiliated purchaser scope of the investigation. on the adjusted costs as computed in by a seller affiliated with the producer/ We classified installation expenses, as item 3 above; exporter that took place before well as special testing and start-up costs 5. We recalculated product line importation and involved further associated with the installation process, research and development costs, and manufacturing in the United States. as part of further manufacturing in the G&A expenses based on the full cost of We calculated CEP sales based on United States because the U.S. each U.S. contract; packed, delivered and/or installed installation process involves extensive 6. In calculating the CV profit rate and prices to unaffiliated customers in the technical activities on the part of selling expense rates, we adjusted the United States. We made deductions engineers and installation supervisors, reported home market cost data for from the starting price (gross unit price), and the integration of subject and non- items 1 through 3 noted above; where appropriate, for the following subject merchandise necessary for the We also included in CV the costs of charges: inland freight to port in operation of LNPPs. We also classified spare and replacement parts for those Germany, foreign inland insurance, as part of further manufacturing costs, U.S. sales where the value of these parts foreign brokerage and handling, the cost of certain non-German items could not be separately identified in the international freight, marine insurance, either shipped directly to the United contractual documentation and U.S. brokerage and handling, U.S. States without further processing in therefore could not be excluded from Customs duty and U.S. inland freight. Germany, or sourced in the United CEP. We made corrections to respondent’s States, for integration into the overall For selling expenses, we used the data where the data reported in the U.S. LNPP during the installation process. average home market selling expense Furthermore, we deducted the cost of sales listing conflicted with the data rate, calculated based on the selling any further manufacturing or assembly contained in support documentation expenses reported for home market sales (including additional material and submitted in its questionnaire made in the ordinary course of trade, labor, installation, special testing and responses. and applied this rate to the U.S. COM. start-up costs). We recomputed the U.S. We recalculated home market indirect We also made deductions for post-sale further manufacturer’s reported general selling expenses based on sales warehousing, commissions, imputed and administrative (‘‘G&A’’) expense revenues, rather than sales orders. credit, training, warranty and product rate using the cost of sales amount We calculated imputed credit for CV liability. In calculating imputed credit, reported in its financial statements; and purposes in accordance with the we took into account the unique nature for one U.S. sale, we reduced the further methodology explained in the and magnitude of the LNPP projects manufacturing costs by the reported cost ‘‘Constructed Export Price’’ section of under investigation. These projects of used equipment. Finally, we made an this notice. We imputed credit expenses require substantial capital expenditures adjustment for CEP profit in accordance for CV using the weighted-average home over an extended time period because of with section 772(d)(3) of the Act. market short-term interest rate reported their size and their lengthy production Normal Value/Constructed Value for the POI since these sales were process. Moreover, the projects denominated in deutschemarks. generally call for the purchaser to For the reasons outlined in the In accordance with section provide scheduled progress payments ‘‘Product Comparisons’’ section of this 773(a)(6)(B), we added U.S. packing prior to the completion of a given notice, we based NV on CV. costs to a CV net of packing. project. In consideration of these factors, In accordance with section 773(e)(1) we computed credit by applying an of the Act, we calculated CV based on Price to CV Comparisons interest rate to the net balance of the sum of the respondent’s cost of For CEP to CV comparisons, we production costs incurred and progress materials, fabrication, SG&A and U.S. deducted from CV the average home payments made during the construction packing costs as reported in the U.S. market direct selling expenses pursuant period. We imputed credit expenses for sales database. In accordance with to section 773(a)(8) of the Act. U.S. sales using the weighted-average section 773(e)(2)(A), we based SG&A U.S. short-term interest rate reported for and profit on the amounts incurred and Currency Conversion the POI because these sales were realized by the respondent in Section 773A(a) of the Act directs the denominated in U.S. dollars. connection with the production and sale Department to convert foreign Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices 8039 currencies based on the dollar exchange addition or component, as explained in days after the date of this preliminary rate in effect on the date of sale of the the ‘‘Scope Issues’’ section of this determination or 45 days after our final subject merchandise, except if it is notice, we are also directing the determination whether these imports established that a currency transaction Customs Service to suspend liquidation are materially injuring, or threaten on forward markets is directly linked to of entries of elements (parts or material injury to, the U.S. industry. an export sale. When a company subcomponents) of components Public Comment demonstrates that a sale on forward imported to fulfill a contract for an markets is directly linked to a particular LNPP system, addition, or component, Case briefs or other written comments export sale in order to minimize its from Germany, that are entered, or in at least ten copies must be submitted exposure to exchange rate losses, the withdrawn from warehouse for to the Assistant Secretary for Import Department will use the rate of consumption, on or after the date of Administration no later than May 16, exchange in the forward currency sale publication of this notice in the Federal 1996, and rebuttal briefs, no later than agreement. In this case, although MAN Register. May 23, 1996. A list of authorities used Roland reported that forward currency In addition, in order to ensure that and an executive summary of issues exchange contracts applied to certain our suspension of liquidation should accompany any briefs submitted U.S. sales, the record information was instructions are not so broad as to cover to the Department. Such summary not sufficient to conclude that these merchandise imported for non-subject should be limited to five pages total, contracts were directly linked to the uses, foreign producers/exporters and including footnotes. In accordance with particular sales in question. Therefore, U.S. importers in the LNPP industry section 774 of the Act, we will hold a for the purpose of the preliminary shall be required to provide certification public hearing, if requested, to afford determination, we made currency that the imported merchandise would interested parties an opportunity to conversions based on the official not be used to fulfill an LNPP contract. comment on arguments raised in case or exchange rates in effect on the dates of We will also request that these parties rebuttal briefs. Tentatively, the hearing the U.S. sales as certified by the Federal register with the Customs Service the will be held on June 4, 1996, time and Reserve Bank. LNPP contract numbers pursuant to place to be determined, at the U.S. Section 773A(a) directs the which subject merchandise is imported. Department of Commerce, 14th Street Department to use a daily exchange rate With respect to entries of LNPP spare and Constitution Avenue, N.W., in order to convert foreign currencies and replacement parts, and used Washington, D.C. 20230. Parties should into U.S. dollars, unless the daily rate presses, from Germany, which are confirm by telephone the time, date, and involves a ‘‘fluctuation.’’ For this expressly excluded from the scope of place of the hearing 48 hours before the preliminary determination, we have the investigation, we will instruct the scheduled time. determined that a fluctuation exists Customs Service not to suspend Interested parties who wish to request when the daily exchange rate differs liquidation of these entries if they are a hearing, or to participate if one is from the benchmark rate by 2.25 separately identified and valued in the requested, must submit a written percent. The benchmark is defined as LNPP contract pursuant to which they request to the Assistant Secretary for the rolling average of rates for the past are imported. The Customs Service will Import Administration, U.S. Department 40 business days. When we determined require a cash deposit or posting of a of Commerce, Room B–099, within ten a fluctuation existed, we substituted the bond equal to the estimated amount by days of the publication of this notice. benchmark for the daily rate. which the normal value exceeds the Requests should contain: (1) The party’s Further, section 773A(b) directs the export price as shown below. These name, address, and telephone number; Department to allow a 60-day suspension of liquidation instructions (2) the number of participants; and (3) adjustment period when a currency has will remain in effect until further notice. a list of the issues to be discussed. Oral undergone a sustained movement. Such The weighted-average dumping presentations will be limited to issues an adjustment period is required only margins are as follows: raised in the briefs. If this investigation when a foreign currency is appreciating proceeds normally, we will make our against the U.S. dollar. No adjustment Weighted- final determination by 135 days after the period is warranted in this case, because Exporter/Manufacturer average publication of this notice in the Federal the deutschemark generally remained margin per- centage Register. constant against the U.S. dollar during This determination is published the POI. MAN Roland Druckmaschinen pursuant to section 733(f) of the Act. Verification AG ...... 17.70 Dated: February 23, 1996. Koenig & Bauer-Albert AG ...... 46.40 As provided in section 782(i) of the All Others ...... 17.70 Susan G. Esserman, Act, we will verify all information used Assistant Secretary for Import in making our final determination. The Department has excluded the Administration. margin for KBA, which is based on [FR Doc. 96–4730 Filed 2–29–96; 8:45 am] Suspension of Liquidation adverse facts available, from the BILLING CODE 3510±DS±P In accordance with section 733(d) of calculation of the All Others rate. the Act, we are directing the Customs The All Others rate applies to all [A±560±801, A±583±825, and A±570±844] Service to suspend liquidation of all entries of subject merchandise except entries of LNPP systems, additions and for entries of merchandise produced by Initiation of Antidumping Duty components, whether assembled or MAN Roland and KBA. Investigation: Melamine Institutional unassembled, from Germany, that are ITC Notification Dinnerware Products From Indonesia, entered, or withdrawn from warehouse Taiwan and the People's Republic of for consumption, on or after the date of In accordance with section 733(f) of China publication of this notice in the Federal the Act, we have notified the ITC of our Register. Furthermore, because we are determination. If our final AGENCY: Import Administration, still in the process of clarifying the determination is affirmative, the ITC International Trade Administration, definition of a subject LNPP system, will determine before the later of 120 Department of Commerce. 8040 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices

EFFECTIVE DATE: March 1, 1996. A review of the production data based on a PRC producer’s affiliated FOR FURTHER INFORMATION CONTACT: Kate provided in the petition and other reseller’s price quote. Petitioners Johnson at (202) 482–4929 or Erik information readily available to the deducted cash discounts, ocean freight, Warga at (202) 482–0922, Office of Department indicates that petitioners U.S. inland freight, containerization, Antidumping Investigations, Import account for more than 25 percent of the and duties. For purposes of initiation, Administration, International Trade total production of the domestic like we disallowed the deduction for U.S. Administration, U.S. Department of product and for more than 50 percent of inland freight because the petition did Commerce, 14th Street and Constitution that produced by companies expressing not specify the U.S. customer’s location Avenue, N.W., Washington, DC 20230. support for, or opposition to, the and did not contain any evidence petition. Petitioners represent more than indicating the actual amount of any INITIATION OF INVESTIGATION: 90 percent of total production of the inland freight expenses incurred. The Applicable Statute domestic like product. Moreover, the Alternatively, petitioners argue that Unless otherwise indicated, all only other known domestic producer of the Act requires U.S.-incurred selling citations to the statute are references to MIDPs, Gessner Products, has expressed expenses to be deducted from CEP. the provisions effective January 1, 1995, support for the petition. The Although section 772(d)(1) of the Act the effective date of the amendments Department received no expressions of requires this deduction from CEP, made to the Tariff Act of 1930 (‘‘the opposition to the petition from any petitioners did not make a Act’’) by the Uruguay Round domestic producer or workers. corresponding adjustment to NV for Agreements Act (‘‘URAA’’). Accordingly, the Department selling expenses. Therefore, we have not determines that the petition is accepted this deduction for purposes of The Petition supported by the domestic industry. the initiation. We may consider this On February 6, 1996, the Department issue further later in the investigation. Scope of the Investigation of Commerce (‘‘the Department’’) Petitioners assert that the PRC is a received a petition filed in proper form The scope of this investigation is all non-market economy (NME) within the by The American Melamine items of dinnerware (e.g., plates, cups, meaning of sections 771(18) of the Act Institutional Tableware Association saucers, bowls, creamers, gravy boats, and in accordance with section 773(c) of (‘‘petitioners’’), whose members include serving dishes, platters, and trays) that the Act. Accordingly, the normal value Continental/SiLite International Co., contain at least 50 percent melamine by of the product should be based on the Lexington United Corp./National weight and have a minimum wall producer’s factors of production, valued Plastics Corp., and Plastics thickness of 0.08 inch. This in a surrogate market economy country. Manufacturing Company (domestic merchandise is classifiable under In previous investigations, the producers of melamine institutional subheadings 3924.10.20, 3924.10.30, Department has determined that the dinnerware products (‘‘MIDPs’’)). and 3924.10.50 of the Harmonized Tariff PRC is an NME, and the presumption of In accordance with section 732(b) of Schedule of the United States (HTSUS). NME status continues for the initiation the Act, petitioners allege that imports Although the HTSUS subheadings are of this investigation. See, e.g., Final of MIDPs from Indonesia, Taiwan and provided for convenience and customs Determination of Sales at Less Than Fair the People’s Republic of China (PRC) are purposes, our written description of the Value: Pure Magnesium and Alloy being, or are likely to be sold in the scope of this investigation is dispositive. Magnesium from the People’s Republic United States at less than fair value of China, 60 FR 16437 (March 30, 1995). within the meaning of section 731 of the Export Price and Normal Value It is our practice in NME cases to Act, and that such imports are The following are descriptions of the calculate NV based on the factors of materially injuring, or threatening allegations of sales at less than fair value production of those factories that material injury to, a U.S. industry. upon which our decisions to initiate are produced MIDPs sold to the United Petitioners are an association the based. Should the need arise to use any States during the period of majority of whose members are of this information in our preliminary or investigation. producers of the domestic like product final determinations, we will re- In the course of this investigation, all and, therefore, have standing to file the examine the information and may revise parties will have the opportunity to petition because they are an interested the margin calculations, if appropriate. provide relevant information related to party, as defined under section 771(9)(E) the issues of the PRC’s NME status and of the Act. Indonesia the granting of separate rates to Petitioners based export price (EP) on individual exporters. See, e.g., Final Determination of Industry Support for a price quotation for a 9-inch plate Determination of Sales at Less Than Fair the Petition obtained from a market research report. Value: Silicon Carbide from the PRC, 59 Section 732(c)(4)(A) of the Act The terms are ex-factory and, hence, no FR 22585 (May 2, 1994). requires the Department to determine, deductions to EP were made. Petitioners based the PRC producers’ prior to the initiation of an Petitioners based normal value (NV) factors of production (i.e., raw materials, investigation, that a minimum on a price quotation for a 9-inch plate labor, and energy) for MIDPs on percentage of the domestic industry obtained from a market research report. petitioners’ own usage amounts. supports an antidumping petition. A The terms are ex-factory and, hence, no Petitioners valued these factors, where petition meets these minimum deductions to NV were made. possible, on publicly available requirements if the domestic producers Based on comparisons of EP to NV, published Indonesian data. Where this or workers who support the petition the calculated dumping margin for data was unavailable, petitioners used account for (1) at least 25 percent of the MIDPs from Indonesia is 89.84 percent other acceptable sources of information. total production of the domestic like ad valorem. Petitioners estimated the surrogate value product; and (2) more than 50 percent of scrap based on their own experience of the production of the domestic like PRC as to the scrap rate in MIDP production. product produced by that portion of the Petitioners prepared two calculations Indonesia is an acceptable surrogate industry expressing support for, or of constructed export price (CEP). In the country because its level of economic opposition to, the petition. first instance, petitioners calculated CEP development is comparable to that of Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices 8041 the PRC and Indonesia is a significant Initiation of Investigations shown below are intended to be used, producer of comparable merchandise. We have examined the petitions on are being manufactured in the United Petitioners also based factory MIDPs and have found that they meet States. overhead and general expenses on data the requirements of section 732 of the Comments must comply with 15 CFR contained on the public records of Act, including the requirements 301.5(a)(3) and (4) of the regulations and previous investigations in which the concerning allegations of the material be filed within 20 days with the information was also used as surrogate injury or threat of material injury to the Statutory Import Programs Staff, U.S. values for factors of production of domestic producers of a domestic like Department of Commerce, Washington, merchandise from the PRC. product by reason of the complained-of D.C. 20230. Applications may be Petitioners based profit on a publicly imports, allegedly sold at less than fair examined between 8:30 A.M. and 5:00 available published industry study of value. Therefore, we are initiating P.M. in Room 4211, U.S. Department of the Reserve Bank of India Bulletin, antidumping duty investigations to Commerce, 14th Street and Constitution September 1994, for the Processing and determine whether imports of MIDPs Avenue, N.W., Washington, D.C. Docket Number: 96–001. Applicant: Manufacturing of Metals, Chemicals, from Indonesia, the PRC and Taiwan are University of California, Davis, 174 and Products thereof. being, or are likely to be, sold in the Physics/Geology Bldg., Davis, CA Finally, petitioners based packing on United States at less than fair value. 95616-8605. Instrument: Water Gas their own U.S. packing costs, not Unless extended, we will make our Phase Equilibration System. including packing for ocean voyage. For preliminary determinations by July 15, Manufacturer: Finnigan MAT, Germany. the purposes of this investigation, we 1996. have disallowed the packing costs Intended Use: The instrument will be because they were based on U.S. values Distribution of Copies of the Petition used to analyze the stable oxygen and 18 16 rather than a factor value from an In accordance with section hydrogen isotopic composition ( 0/ 0 appropriate surrogate country. 732(b)(3)(A) of the Act, a copy of the and D(euterium) /H) of water samples Based on comparisons of CEP to the public version of the petition has been derived from seawater samples collected factors of production, the calculated provided to the representatives of the during experimental research and dumping margin for MIDPs from the governments of Indonesia and PRC, as ground water samples from PRC, after adjustments made by the well as to the Taiwan authorities. We hydrographic studies. The experiments Department, is 7.06 percent ad valorem. will attempt to provide a copy of the will involve studies of the physiological and environmental parameters Taiwan public version of the petition to each exporter named in the petition. responsible for stable isotope variability Petitioners used a market research in the calcium carbonate shells of fossil firm to obtain an EP price quotation International Trade Commission (ITC) organisms via the study of living from a Taiwanese producer. Petitioners Notification representatives in the laboratory and deducted a discount from this price. We have notified the ITC of our field. In addition, the instrument will be In addition, petitioners calculated initiations, as required by section 732(d) used in the course Geology 227, Stable CEP based on a Taiwan company’s of the Act. Isotope Biochemistry introducing affiliated reseller price quotation. graduate students to different Petitioners believe that the Department Preliminary Determination by the ITC applications of stable isotope should use CEP because there is The ITC will determine by March 22, geochemistry in the research substantial evidence that, during the 1996, whether there is a reasonable environment. Application Accepted by POI, this manufacturer produced subject indication that imports of MIDPs from Commissioner of Customs: January 3, merchandise in Taiwan that was sold in Indonesia, the PRC and Taiwan are 1996. the United States. causing material injury, or threatening Docket Number: 96–002. Applicant: Petitioners deducted from CEP to cause material injury, to a U.S. DHHS/Food and Drug Administration, discounts, ocean freight, U.S. inland industry. A negative ITC determination National Center for Toxicological freight, containerization, selling in any of the investigations will result Research, Division of Chemistry, 3900 expenses and inventory carrying in that investigation being terminated; NCTR Road, Jefferson, AR 72079. expenses. otherwise, the investigations will Instrument: ICP Mass Spectrometer, For purposes of initiation, we are proceed according to statutory and Model PlasmaQuad XR. Manufacturer: rejecting this CEP calculation because regulatory time limits. Fisons Instruments, United Kingdom. there is insufficient evidence that the Dated: February 26, 1996. Intended Use: The instrument will be used for studies of food, food Taiwan manufacturer, Tar-Hong, Paul L. Joffe, ingredients, animal diets, animal tissues produced in Taiwan the subject Acting Assistant Secretary for Import merchandise sold by its U.S. affiliate Administration. and water to determine the quantitation of the levels of trace elements of interest during the POI. However, as this [FR Doc. 96–4850 Filed 2–29–96; 8:45 am] investigation proceeds, we will consider in these samples. The instrument will BILLING CODE 3510±DS±P this issue further. also be used for speciation studies for Based on comparisons of EP to NV, toxicologically important elements such the calculated dumping margin for Applications for Duty-Free Entry of as As, Cr, and Mn among others. MIDPs from Taiwan, after adjustments Scientific Instruments Application Accepted by Commissioner made by the Department, is 53.13 of Customs: January 4, 1996. percent ad valorem. Pursuant to Section 6(c) of the Docket Number: 96–003. Applicant: Educational, Scientific and Cultural Mount Holyoke College, 50 College Fair Value Comparisons Materials Importation Act of 1966 (Pub. Street, South Hadley, MA 01075. Based on the data provided by L. 89–651; 80 Stat. 897; 15 CFR part Instrument: Electron Microscope, Model petitioners, there is reason to believe 301), we invite comments on the CM100. Manufacturer: Philips, The that imports of MIDPs from Indonesia, question of whether instruments of Netherlands. Intended Use: The the PRC and Taiwan are being, or are equivalent scientific value, for the instrument will be used in a wide likely to be, sold at less than fair value. purposes for which the instruments variety of research projects in the 8042 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices biological sciences which include but used to measure the stable isotope ratios Intended Use: See notice at 60 FR are not limited to: (a) assessment of of CO2 from standard and reference 64158, December 14, 1995. Reasons: which structural components of the materials as required to maintain the The foreign instrument provides in-situ nucleus remain after progressive integrity and calibration of the data base measurement of equilibrium dismantling of nuclear components by of atmospheric measurements. concentrations of ammonia in a high salt, nuclease, and detergent Application Accepted by Commissioner ventilated chamber employing passive treatment in research designed to probe of Customs: February 6, 1996. diffusion samplers. Advice Received nuclear matrix structure and function in Docket Number: 96–008. Applicant: From: National Institutes of Health, plant cells and (b) characterization of University of California, Los Alamos February 5, 1996. cellular defects in various Drosophila National Laboratory, P.O. Box 990, Los The National Institutes of Health mutants which figure prominently in Alamos, NM 87545. Instrument: Mass advises in its memoranda that (1) the molecular biology. In addition, the Spectrometer, Model Plasma Trace 2. capabilities of each of the foreign instrument will be used for educational Manufacturer: Fisons Instruments, instruments described above are purposes in several biology courses. United Kingdom. Intended Use: The pertinent to each applicant’s intended Application Accepted by Commissioner instrument will be used for studies of purpose and (2) it knows of no domestic of Customs: January 4, 1996. soils, high purity silicon chips, waters instrument or apparatus of equivalent Docket Number: 96–004. Applicant: and low level waste streams to scientific value for the intended use of University of California at Berkeley, 485 determine trace analytes in a given each instrument. Hearst Mining Bldg., Berkeley, CA sample. Application Accepted by We know of no other instrument or 94720. Instrument: Mass/Energy Commissioner of Customs: February 7, apparatus being manufactured in the Spectrometer. Manufacturer: Hiden 1996. United States which is of equivalent Analytical Ltd., United Kingdom. scientific value to either of the foreign Intended Use: The instrument will be Frank W. Creel instruments. used for determining the mass, energy Frank W. Creel, and flux of ions, neutrals and radicals Director, Statutory Import Programs Staff Director, Statutory Import Programs Staff. generated by an activated nitrogen [FR Doc. 96–4754 Filed 2–29–96; 8:45 am] [FR Doc. 96–4755 Filed 2–29–96; 8:45 am] source. It will also be used for trace BILLING CODE 3510±DS±F impurity measurements. Application BILLING CODE 3510±DS±M Accepted by Commissioner of Customs: January 11, 1996. University of Hawaii, et al.; Notice of Docket Number: 96–005. Applicant: Consolidated Decision on Applications National Oceanic and Atmospheric Scripps Research Institute, 10666 North for Duty-Free Entry of Scientific Administration Instruments Torrey Pines Road, La Jolla, CA 92037. Bluefin Tuna Dealer Reports Instrument: Electron Microscope, Model This is a decision consolidated CM120. Manufacturer: Philips, The pursuant to Section 6(c) of the ACTION: Proposed Collection; comment Netherlands. Intended Use: The Educational, Scientific, and Cultural request. instrument will be used for studies of Materials Importation Act of 1966 (Pub. the structure of tobacco, alfalfa, and SUMMARY: The Department of L. 89–651, 80 Stat. 897; 15 CFR part cucumber mosaic viruses, muscle Commerce, as part of its continuing 301). Related records can be viewed proteins, nuclear pore complexes, effort to reduce paperwork and between 8:30 A.M. and 5:00 P.M. in microtubules, CHIP28 water channels, respondent burden, invites the general acetylcholine receptors, gap junctions, Room 4211, U.S. Department of public and other Federal agencies to rotavirus and reovirus, and rice yellow Commerce, 14th and Constitution take this opportunity to comment on mottle virus. The goals of the Avenue, N.W., Washington, D.C. proposed and/or continuing information investigations are in general to Comments: None received. Decision: collections, as required by the understand the structural basis for how Approved. No instrument of equivalent Paperwork Reduction Act of 1995, the subcellular organelles and scientific value to the foreign Public Law 104–13 (44 U.S.C. supramolecular assemblies function and instruments described below, for such 3506(c)(2)(A)). purposes as each is intended to be used, to elucidate the role that they play in DATES: Written comments must be is being manufactured in the United the life of the cell. In addition, the submitted on or before April 30, 1996. States. instrument will be used to provide ADDRESSES: Direct all written comments training in use of the electron Docket Number: 94–154R. Applicant: University of Hawaii, Honolulu, HI to Linda Engelmeier, Acting microscope as a research tool. Departmental Forms Clearance Officer, Application Accepted by Commissioner 96822. Instrument: ICP Mass Spectrometer, Model PlasmaQuad. Department of Commerce, Room 5327, of Customs: February 6, 1996. 14th and Constitution Avenue, NW., Docket Number: 96–007. Applicant: Manufacturer: Fisons Instruments, Washington DC 20230. U.S. Department of Commerce, NOAA/ United Kingdom. Intended Use: See ERL/CMDL, R/E/CGI, 325 Broadway, notice at 60 FR 5165, January 26, 1995. FOR FURTHER INFORMATION CONTACT: Boulder, CO 80303. Instrument: Stable Reasons: The foreign instrument Requests for additional information or Isotope Mass Spectrometer, Model provides a UV laser ablation sample copies of the information collection OPTIMA. Manufacturer: Fisons introduction system. Advice Received instrument(s) and instructions should Instruments, United Kingdom. Intended From: National Institutes of Health, be directed to Kevin Foster, NMFS— Use: The instrument will be used to February 14, 1996. One Blackburn Drive, Gloucester, MA 01915 (508–281–9260). measure the stable isotope ratios of CO2 Docket Number: 95–115. Applicant: from flask samples of atmospheric air University of Vermont, Burlington, VT SUPPLEMENTARY INFORMATION: sampled weekly from about 50 sites 05405–0082. Instrument: Ammonia worldwide and analyzed for the mixing Emission Measurement Equipment. I. Abstract ratios of methane, carbon monoxide and Manufacturer: Swedish Institute of The information collected in the other gases. The instrument will also be Agricultural Engineering, Sweden. Dealer Package is used by NMFS to Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices 8043 monitor the U.S. catch in relation to the clarity of the information to be SUPPLEMENTARY INFORMATION: The quota, thereby ensuring that the United collected; and (d) ways to minimize the subject modification is requested under States complies with its international burden of the collection of information the authority of the Marine Mammal obligations to the International on respondents, including through the Protection Act of 1972, as amended (16 Commission for the Conservation of use of automated collection techniques U.S.C. 1361 et seq.), and the Regulations Atlantic Tunas (ICCAT). Other or other forms of information Governing the Taking and Importing of provisions of the domestic regulations technology. Marine Mammals (50 CFR part 216), the are also monitored through this Comments submitted in response to Endangered Species Act of 1973, as collection of information, such as this notice will be summarized and/or amended (16 U.S.C. 1531 et seq.), and compliance with area closures, fishing included in the request for OMB the regulations governing the taking, seasons, and subquotas by gear type approval of this information collection; importing, and exporting of endangered and/or user group. This information they also will become a matter of public fish and wildlife (50 CFR parts 217– provides the catch data necessary to record. 222). assess the status of bluefin tuna Dated: February 26, 1996. The Permit Holder is currently resources. Assessments are conducted Linda Engelmeier, authorized to harass (i.e., through vessel approach, photogrammetry, and and presented to ICCAT annually. The Acting Departmental Forms Clearance data provide the basis for ICCAT Officer, Office of Management and photographic identification, and tissue management recommendations which Organization. biopsy) several marine mammal species become binding on member nations. In [FR Doc. 96–4779 Filed 2–29–96; 8:45 am] in Pacific, Southern, and Indian Oceans, over a 5-year period. addition, the Dealer Package provides BILLING CODE 3510±22±P essential information for domestic The Permit Holder is now requesting management policy and rule making. emergency modification of the Permit [I.D. 022696B] for authorization to increase the number II. Method of Collection of humpback whales (Megaptera Dealers who buy, sell, or receive for Marine Mammals novaeangliae) to be biopsy sampled commercial purposes any large, AGENCY: National Marine Fisheries from 20 to 100 for 1996, including 15 medium, or giant size class Atlantic Service (NMFS), National Oceanic and cow/calf pairs (i.e., 30 animals), in bluefin tuna are required to report all Atmospheric Administration (NOAA), Hawaiian waters during the 1996 field transactions to NMFS via daily and Commerce. season. In light of the Permittee’s need to begin sampling activities in March biweekly reporting forms. These collect ACTION: Receipt of application to modify 1996, or otherwise lose a unique certain information for each Atlantic permit no. 873 (P77(2) #63). bluefin tuna that is sold at landing. research opportunity, we are Dealers who purchase any other types or SUMMARY: Notice is hereby given that considering whether this action meets sizes of Atlantic tuna, or Pacific coast the Southwest Fisheries Science Center, legal criteria for granting the requested dealers who export or import bluefin National Marine Fisheries Service, P.O. modification prior to the close of the 30- tuna, are required to submit biweekly Box 271, La Jolla, CA 92038–0271, has day comment period. reports only. requested a modification to Permit No. Concurrent with the publication of 873. this notice in the Federal Register, III. Data DATES: Written comments must be NMFS is forwarding copies of this OMB Number: 0648–0239 received on or before April 1, 1996. application to the Marine Mammal Commission and its Committee of Form Number: None ADDRESSES: The modification request Type of Review: Regular submission for and related documents are available for Scientific Advisors. extension of a currently approved review upon written request or by Dated: February 26, 1996. collection appointment in the following office(s): Ann D. Terbush, Affected Public: Business or other for- Chief, Permits and Documentation Division, profit (tuna dealers) Permits Division, Office of Protected Resources, NMFS, 1315 East-West Office of Protected Resources, National Estimated Number of Respondents: 452 Marine Fisheries Service. Estimated Time Per Response: 3 Highway, Room 13130, Silver Spring, [FR Doc. 96–4751 Filed 2–26–96; 4:53 pm] minutes for the daily reports, 16 MD 20910 (301/713–2289); minutes for the biweekly Atlantic Director, Southwest Region, NMFS, 501 BILLING CODE 3510±22±P report, 21 minutes for the Pacific West Ocean Boulevard, Suite 4200, biweekly report, and 13 minutes for Long Beach, CA 90802–4213 (310/ the biweekly report on other Atlantic 980–4001); and COMMITTEE FOR THE Coordinator, Pacific Area Office, NMFS, tunas. IMPLEMENTATION OF TEXTILE Estimated Total Annual Burden Hours: NOAA, 2570 Dole Street, Room 106, AGREEMENTS Honolulu, HI 9682–2396 (808/973– 1,087 hours Adjustment of Import Restraint Levels Estimated Total Annual Cost: $0 2987). Written data or views, or requests for for Certain Cotton, Wool and Man- IV. Request for Comments a public hearing on this request should Made Textile Products Produced or Comments are invited on: (a) Whether be submitted to the Chief, Permits Manufactured in Mexico the proposed collection of information Division, F/PR1, Office of Protected February 26, 1996. is necessary for the proper performance Resources, National Marine Fisheries AGENCY: Committee for the of the functions of the agency, including Service, Silver Spring, MD 20910. Those Implementation of Textile Agreements whether the information shall have individuals requesting a hearing should (CITA). set forth the specific reasons why a practical utility; (b) the accuracy of the ACTION: Issuing a directive to the hearing on this particular request would agency’s estimate of the burden Commissioner of Customs increasing be appropriate. (including hours and cost) of the levels. proposed collection of information; (c) FOR FURTHER INFORMATION CONTACT: ways to enhance the quality, utility, and Jeannie Drevenak, 301/713–2289. EFFECTIVE DATE: March 4, 1996. 8044 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices

FOR FURTHER INFORMATION CONTACT: January 1, 1996 and extending through After consideration of the material Naomi Freeman, International Trade December 31, 1996. The levels established in presented to it concerning capability of Specialist, Office of Textiles and that directive do not apply to NAFTA (North qualified nonprofit agencies to provide Apparel, U.S. Department of Commerce, America Free Trade Agreement) originating the services and impact of the additions goods, as defined in Annex 300–B, Chapter (202) 482–4212. For information on the 4 and Annex 401 of NAFTA or to goods on the current or most recent quota status of these levels, refer to the assembled in Mexico from fabrics wholly contractors, the Committee has Quota Status Reports posted on the formed and cut in the United States and determined that the services listed bulletin boards of each Customs port or exported from and re-imported into the below are suitable for procurement by call (202) 927–5850. For information on United States under U.S. tariff item the Federal Government under 41 U.S.C. embargoes and quota re-openings, call 9802.00.90. 46–48c and 41 CFR 51–2.4. (202) 482–3715. Effective on March 4, 1996, you are I certify that the following action will directed to increase the levels for the SUPPLEMENTARY INFORMATION: following categories, pursuant to the not have a significant impact on a substantial number of small entities. Authority: Executive Order 11651 of March provisions of the agreement between the 3, 1972, as amended; section 204 of the Governments of the United States, Mexico The major factors considered for this Agricultural Act of 1956, as amended (7 and Canada: certification were: U.S.C. 1854). 1. The action will not result in any Twelve-month restraint additional reporting, recordkeeping or The current levels for Categories 340/ Category 1 level other compliance requirements for small 640 and 443 are being increased for entities other than the small carryover. 340/640 ...... 152,945 dozen. organizations that will furnish the These restrictions and consultation 443 ...... 180,086 numbers. services to the Government. levels do not apply to NAFTA (North 1 The levels have not been adjusted to ac- 2. The action will not have a severe America Free Trade Agreement) count for any imports exported after December economic impact on current contractors originating goods, as defined in Annex 31, 1995. for the services. 300–B, Chapter 4 and Annex 401 of the The Committee for the Implementation of 3. The action will result in agreement. In addition, restrictions and Textile Agreements has determined that consultation levels do not apply to these actions fall within the foreign affairs authorizing small entities to furnish the textile and apparel goods that are exception of the rulemaking provisions of 5 services to the Government. assembled in Mexico from fabrics U.S.C. 553(a)(1). 4. There are no known regulatory wholly formed and cut in the United Sincerely, alternatives which would accomplish States and exported from and re- D. Michael Hutchinson, the objectives of the Javits-Wagner- imported into the United States under Acting Chairman, Committee for the O’Day Act (41 U.S.C. 46–48c) in U.S. tariff item 9802.00.90. Implementation of Textile Agreements. connection with the services proposed A description of the textile and [FR Doc. 96–4852 Filed 2–29–96; 8:45 am] for addition to the Procurement List. apparel categories in terms of HTS BILLING CODE 3510±DR±F Accordingly, the following services numbers is available in the are hereby added to the Procurement CORRELATION: Textile and Apparel List: Categories with the Harmonized Tariff COMMITTEE FOR PURCHASE FROM Administrative Services, Social Security Schedule of the United States (see PEOPLE WHO ARE BLIND OR Administration, Great Lakes Program Federal Register notice 60 FR 65299, SEVERELY DISABLED Service Center, 600 West Madison Street, published on December 19, 1995). Also Chicago, Illinois see 60 FR 57404, published on Procurement List; Additions Janitorial/Custodial, Basewide, Fort Indiantown Gap, Annville, Pennsylvania November 15, 1995. AGENCY: Committee for Purchase From Operation of SERVMART, Naval Station, The letter to the Commissioner of People Who Are Blind or Severely Everett Home Port, Everett, Washington Customs and the actions taken pursuant Disabled. to it are not designed to implement all This action does not affect current ACTION: Additions to the Procurement contracts awarded prior to the effective of the provisions of Annex 300(B) of the List. North America Free Trade Agreement, date of this addition or options that may but are designed to assist only in the SUMMARY: This action adds to the be exercised under those contracts. implementation of certain of its Procurement List services to be Beverly L. Milkman, provisions. furnished by nonprofit agencies Executive Director. D. Michael Hutchinson, employing persons who are blind or [FR Doc. 96–4856 Filed 2–29–96; 8:45 am] Acting Chairman, Committee for the have other severe disabilities. BILLING CODE 6353±01±P Implementation of Textile Agreements. EFFECTIVE DATE: April 1, 1996. Committee for the Implementation of Textile ADDRESSES: Committee for Purchase Agreements From People Who Are Blind or Severely Procurement List; Proposed Additions and Deletions February 26, 1996. Disabled, Crystal Square 3, Suite 403, Commissioner of Customs, 1735 Jefferson Davis Highway, AGENCY: Committee for Purchase From Department of the Treasury, Washington, DC Arlington, Virginia 22202–3461. People Who Are Blind or Severely 20229. FOR FURTHER INFORMATION CONTACT: Disabled. Dear Commissioner: This directive Beverly Milkman (703) 603–7740. ACTION: Proposed Additions to and amends, but does not cancel, the directive SUPPLEMENTARY INFORMATION: On Deletions from Procurement List. issued to you on November 8, 1995, by the October 13, December 8 and 29, 1995, Chairman, Committee for the Implementation the Committee for Purchase From SUMMARY: of Textile Agreements. That directive The Committee has received concerns imports of certain cotton, wool and People Who Are Blind or Severely proposals to add to the Pocurement List man-made fiber textile products, produced or Disabled published notices (60 F.R. services to be furnished by nonprofit manufactured in Mexico and exported during 53338, 63026 and 67351) of proposed agencies employing persons who are the twelve-month period beginning on additions to the Procurement List. blind or have other severe disabilities, Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices 8045 and to delete commodities previously NPA: WORKTEC, Jonesboro, Georgia information will be published in a furnished by such agencies. Janitorial/Custodial, Lenkalis USARC, 20 newspaper of general circulation in the Washington Avenue West Hazelton, COMMENTS MUST BE RECEIVED ON OR area of each installation. There will be Pennsylvania additional Notices providing this same BEFORE: April 1, 1996. NPA: White Haven Center, White Haven, ADDRESSES: Committee for Purchase Pennsylvania information about the LRAs for other From People Who Are Blind or Severely closing or realigning installations as Deletions Disabled, Crystal Square 3, Suite 403, those LRAs are recognized by the Office 1735 Jefferson Davis Highway, I certify that the following action will of Economic Adjustment (OEA). Arlington, Virginia 22202–3461. not have a significant impact on a EFFECTIVE DATE: March 1, 1996. FOR FURTHER INFORMATION CONTACT: substantial number of small entities. FOR FURTHER INFORMATION CONTACT: Beverly Milkman (703) 603–7740. The major factors considered for this Helene O’Connor, Office of Assistant certification were: Secretary of Defense for Economic SUPPLEMENTARY INFORMATION: This 1. The action will not result in any Security, Office of Economic notice is published pursuant to 41 additional reporting, recordkeeping or Adjustment, 400 Army Navy Drive, U.S.C. 47(a)(2) and 41 CFR 51–2.3. Its other compliance requirements for small Suite 200, Arlington, VA 22202, (703) purpose is to provide interested persons entities. 604–5948. an opportunity to submit comments on 2. The action does not appear to have the possible impact of the proposed Local Redevelopment Authorities (LRAs) for a severe economic impact on future Closing and Realigning Military Installations actions. contractors for the commodities. Additions 3. The action will result in ARKANSAS authorizing small entities to furnish the Installation Name: Fort Chaffee If the Committee approves the commodities to the Government. LRA Name: Fort Chaffee Redevelopment proposed addition, all entities of the 4. There are no known regulatory Authority Federal Government (except as alternatives which would accomplish Point of Contact: Mr. W. R. Harper, Sebastian otherwise indicated) will be required to the objectives of the Javits-Wagner- County Judge Address: County Court House, 35 South 6th procure the services listed below from O’Day Act (41 U.S.C. 46–48c) in nonprofit agencies employing persons Street, Fort Smith, Arkansas 72901 connection with the commodities Phone: (501) 783–6139 who are blind or have other severe proposed for deletion from the disabilities. Procurement List. CALIFORNIA I certify that the following action will The following commodities have been Installation Name: Long Beach Naval not have a significant impact on a proposed for deletion from the Shipyard substantial number of small entities. Procurement List: LRA Name: City of Long Beach The major factors considered for this Point of Contact: Mr. Gerald Miller certification were: Neck Strap, Telephone Address: 200 Pine Avenue, Suite 400, Long 5965–00–340–6790 Beach, California 90802 1. The action will not result in any Cover, Service Cap Phone: (310) 570–3851 additional reporting, recordkeeping or 8405–01–046–8544 Installation Name: McClellan Air Force Base other compliance requirements for small 8405–01–046–8545 LRA Name: Board of Supervisors Sacramento entities other than the small Beverly L. Milkman, County organizations that will furnish the Executive Director. Point of Contact: Mr. Rob Leonard services to the Government. Address: 700 H Street, Room 7650, [FR Doc. 96–4857 Filed 2–29–96; 8:45 am] 2. The action does not appear to have Sacramento, California 95814 a severe economic impact on current BILLING CODE 6353±01±P Phone: (916) 440–5833 contractors for the services. Installation Name: Rio Vista Army Reserve 3. The action will result in Center authorizing small entities to furnish the DEPARTMENT OF DEFENSE LRA Name: Rio Vista Local Redevelopment Authority services to the Government. Office of the Secretary Point of Contact: Mr. Norman Repanich 4. There are no known regulatory Address: City of Rio Vista, 1 Main Street, Rio alternatives which would accomplish Base Closure and Community Vista, CA 94571 the objectives of the Javits-Wagner- Redevelopment and Homeless Phone: (707) 374–6451 O’Day Act (41 U.S.C. 46–48c) in Assistance Act; Base Realignments Installation Name: Sierra Army Depot connection with the services proposed and Closures; Economic Security LRA Name: Sierra Army Depot Local Reuse for addition to the Procurement List. Authority Comments on this certification are AGENCY: Department of Defense. Point of Contact: Mr. Patrick Landon invited. Commenters should identify the ACTION: Notice. Address: 707 Nevada Street, Room 236, statement(s) underlying the certification Susanville, California 96130 Phone: (916) 251–8308 on which they are providing additional SUMMARY: This Notice provides the information. second partial list of closing or GUAM The following services have been realigning military installations Installation Name: Navy Ship Repair Facility, proposed for addition to Procurement pursuant to the 1995 Defense Base Guam Naval Activities, Guam Fleet and List for production by the nonprofit Closure and Realignment (BRAC) Industrial Supply Center, Guam agencies listed: Report, and the points of contact, LRA Name: Government of Guam addresses, and telephone numbers for Point of Contact: Mr. Larry Toves Cutting and Assembly of FTESFB for F–15, the Local Redevelopment Authorities Address: Cabras Highway, Suite 201, Piti, Robins Air Force Base, Georgia (LRAs) for those installations. Guam 96925 NPA: Middle Georgia Easter Seal Society, Phone: 011(671)477–5931 Inc., Dublin, Georgia Representatives of State and local Janitorial/Custodial, U.S. Army Health governments and homeless providers ILLINOIS Clinic, Buildings 100, 101, 105, 162, 163, interested in the reuse of an installation Installation Name: Savanna Army Depot 165, 170, 170A and 170B, Fort should contact the person or LRA Name: Savanna Army Depot Local McPherson, Georgia organization listed. The following Redevelopment Authority 8046 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices

Point of Contact: Mr. Steven M. Haring DEPARTMENT OF ENERGY HQ) Interconnection, consist of a 450- Address: P.O. Box 325, Savanna, Illinois kilovolt (kV), direct current (DC) [FE Docket No. EA±111] 61074 transmission line that extends from the Phone: (815) 273–4371 Application To Export Electricity; Sandy Point converter terminal located MASSACHUSETTS Northeast Utilities Service Company between the towns of Ayer and Groton, Installation Name: Naval Air Station South Massachusetts, to the Comerford AGENCY: Office of Fossil Energy, DOE. Weymouth converter terminal located in the town LRA Name: Naval Air Station Planning ACTION: Notice of application. of Monroe, New Hampshire, and from Committee SUMMARY: Northeast Utilities Service there to the U.S.-Canada border in the Point of Contact: Ms. Mary S. McElroy vicinity of Norton, Vermont. The Address: Base Transition Field Office, 1134 Company (NUSCO) has requested authorization to export electric energy construction of these facilities Main Street, South Weymouth, previously was authorized by DOE in Massachusetts 02190–5000 to Canada. Presidential Permit PP–76. The NU Phone: (617) 682–2187 DATES: Comments, protests, or requests System companies have the right to use Installation Name: Squantum Gardens and to intervene must be submitted on or 33% of the transfer capacity of the PP– Naval Terrace before April 1, 1996. 76 facilities for transactions with Hydro- LRA Name: City of Quincy ADDRESSES: Comments, protests, or Point of Contact: Mayor James A. Sheets requests to intervene should be Quebec. In FE Order EA–76–C (February Address: City Hall, 1305 Hancock Street, addressed as follows: Office of Coal & 19, 1993), the New England Power Pool Quincy, Massachusetts 02169 Electricity (FE–52), Office of Fuels was authorized to use the PP–76 Phone: (617) 376–1990 Programs, Fossil Energy, U.S. facilities in the export mode at a NEW JERSEY Department of Energy, 1000 maximum rate of transmission of 2000 megawatts (MW). Accordingly, NUSCO Installation Name: Camp Kilmer Independence Avenue, S.W., has requested that FE authorize an LRA Name: Township of Edison Washington, D.C. 20585–0350. Point of Contact: Mayor George A. Spadoro FOR FURTHER INFORMATION CONTACT: electricity export of approximately 665 Address: 100 Municipal Boulevard, Edison, Warren E. Williams (Program Office) MW, or 33% of the total capability of New Jersey 08816 202–586–9629 or Michael T. Skinker the NE/HQ Interconnection. Phone: (908) 248–7298 (Program Attorney) 202–586–6667. Procedural Matters Installation Name: Camp Pedricktown SUPPLEMENTARY INFORMATION: Exports of LRA Name: Oldmans Township Committee electricity from the United States to a Any persons desiring to be heard or Point of Contact: Mayor George W. Bradford foreign country are regulated and to protest this application should file a Address: Oldmans Township, P.O. Box P, require authorization under section petition to intervene or protest at the Pedricktown, New Jersey 08067 202(e) of the Federal Power Act (FPA) address provided above in accordance Phone: (609) 299–0780 (16 U.S.C.§ 824a(e)). with §§ 385.211 or 385.214 of the Rules NEW YORK On January 31, 1995, NUSCO filed an of Practice and Procedure (18 CFR Installation Name: Fort Totten application with the Office of Fossil 385.211, 385.214). Fifteen copies of LRA Name: Fort Totten Redevelopment Energy (FE) of the Department of Energy such petitions and protests should be Authority (DOE) for authorization to export filed with the DOE on or before the date Point of Contact: Mr. David Nocenti electric energy to Canada pursuant to listed above. Additional copies are to be Address: Counsel to the Borough President, section 202(e) of the FPA. NUSCO is a filed directly with: Mr. John Ash and 120–55 Queens Boulevard, New Gardens, Connecticut corporation that provides Ms. Phyllis E. Lemell, Northeast New York 11424–1015 centralized services to and acts as agent Utilities Company, P.O. Box 270, Phone: (718) 286–2880 for the Northeast Utilities (‘‘NU’’) Hartford, CT 06140–0270, (860) 665– TEXAS System. NU is an investor-owned registered electric utility holding 5626. Installation Name: Kelly Air Force Base company made up of the following A final decision will be made on this LRA Name: Greater Kelly Development operating companies: The Connecticut application after the environmental Corporation Point of Contact: Mr. Paul Roberson Light and Power Company, Western impacts have been evaluated pursuant Address: Municipal Plaza Building, 10th Massachusetts Electric Company, to the National Environmental Policy Floor, 114 West Commerce Street, San Holyoke Power and Electric Company, Act of 1969 (NEPA), and a Antonio, Texas 78204 Holyoke Water Power Company, and determination is made by the DOE that Phone: (210) 207–2147 Public Service Company of New the proposed action will not adversely Hampshire. WASHINGTON impact on the reliability of the U.S. In its application, NUSCO asserts that electric power supply system. Installation Name: Camp Bonneville the NU System companies currently LRA Name: Camp Bonneville Local have, and will have for more than a Copies of this application will be Redevelopment Authority decade, generating resources greater made available, upon request, for public Point of Contact: Ms. Janice Davin than those needed to serve their retail inspection and copying at the address Address: Clark County Department of Public customers and committed sales. provided above. Works, 1300 Esther Street, P.O. Box 9810, Therefore, NUSCO proposes to sell Issued in Washington, DC, on February 27, Vancouver, Washington 98666–9810 surplus electric energy, when available, Phone: (360) 699–2475 Ext. 4330 1996. to Canada, specifically, Hydro-Quebec. Anthony J. Como, Dated: February 26, 1996. NUSCO proposes to transmit the L.M. Bynum, Director, Office of Coal & Electricity, Office exported energy to Hydro-Quebec over of Fuels Programs, Office of Fossil Energy. Alternate OSD Federal Register Liaison the international transmission facilities [FR Doc. 96–4827 Filed 2–29–96; 8:45 am] Officer, Department of Defense. of Vermont Electric Transmission [FR Doc. 96–4749 Filed 2–29–96; 8:45 am] Company. These facilities, also known BILLING CODE 6450±01±P BILLING CODE 5000±04±M as the New England/Hydro-Quebec (NE/ Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices 8047

Office of Environment, Safety and to work-related exposures. Because share information on ongoing needs Health; Notice of Availability of Funds medical surveillance for former workers assessments. and Request for Applications To is a highly complex process, DOE is During phase I, investigators will Support Medical Surveillance for proposing to fund at this time develop a detailed plan and proposed Former Department of Energy Workers cooperative agreements for a limited budget for phase II focusing on the number of projects as described below. groups of workers at significant risk for AGENCY: Office of Environment, Safety Experience with these projects will health effects. This plan for phase II is and Health, Department of Energy. help DOE to evaluate options for a more expected at least 60 days prior to the ACTION: Notice of Availability of Funds comprehensive medical surveillance conclusion of phase I. Phase I will and Request for Applications. program for former workers and to conclude with delivery of the needs determine how such a program can be assessment to DOE. SUMMARY: The Department of Energy effectively integrated with other ongoing (DOE) Office of Environment, Safety and site activities. Phase II Health (EH) announces the availability DOE will determine the need for II. Project Description of funds to evaluate former workers phase II activities and will support these whose employment at departmental DOE intends to award approximately efforts through continuation awards to facilities may have placed their long- five cooperative agreements with phase I participants for new budget term health at significant risk. This specific goals. The goals of the projects periods. Where phase II plans are Request for Applications is a follow on are to: approved by DOE, the investigators will: • to a more general, annual notice of Identify groups of workers at 1. Identify and locate those former potential availability of grants and significant risk for occupational workers who based on their actual or cooperative agreements for diseases. • probable exposure history are ‘‘at risk’’; epidemiology and other health studies Notify members of these risk 2. Ascertain the health concerns of published in the Federal Register (60 groups. • former workers identified in task 1 FR 50562) on September 29, 1995. Offer these workers medical related to their past DOE employment; DATES: Applications submitted in screening that can lead to medical 3. Communicate risk information to response to this announcement must be interventions. former workers regarding the nature of Each cooperative agreement will received by May 15, 1996. their health risk and discuss the actions potentially have two phases. Phase I that could be taken; FOR FURTHER INFORMATION CONTACT: will be a needs assessment. Phase II will 4. Provide medical screening to Requests for further information and be the implementation of medical targeted former worker populations application forms may be directed to Dr. screening. John Peeters, Office of Occupational There will be approximately five based on exposure history and the Medicine and Medical Surveillance awards totalling about $2.5 million for availability of acceptable screening (EH–61), U.S. Department of Energy, phase I. Phase I will take approximately tests; 19901 Germantown Road, Germantown, 12 months. Phase II could continue up 5. Assist in the coordination of Maryland 20874–1290; Telephone: (301) to 4 years, renewable annually. The referrals, diagnostic workup, and 903–5902; facsimile: (301) 903–5072. award continuation for phase II, if followup treatment, including the Applications may be submitted to Dr. made, will be based on the results from coordination with workman’s Peeters at the address listed above. phase I, the availability of funds, and compensation and other existing insurance and benefits programs; SUPPLEMENTARY INFORMATION: negotiation of the costs for phase II. Only those who participate in phase I 6. Ensure dialogue with local parties Table of Contents will be eligible to participate in phase concerned with the project; I. Purpose II. 7. Evaluate former workers II. Project Description satisfaction with the project; and III. Applications Phase I 8. Attend semiannual DOE- IV. Proposal Format During phase I, the applicants will coordinated meetings of investigators to V. Evaluation Criteria conduct a comprehensive needs share information on ongoing screening VI. DOE’s Role assessment. The needs assessment will programs. VII. Applicants include a review of existing site-specific Potential Sites I. Purpose information and other means to initially identify the most significant radiation Applicants for the cooperative Section 3162 of the National Defense and nonradiation exposures. During agreements will propose individual (or Authorization Act for Fiscal Year 1993 phase I, investigators will: alternative groups of) DOE sites for (Public Law 102–484) directs the 1. Identify existing information study and justify the factors in site(s) Secretary of Energy, in consultation relevant to exposure and health selection. Such factors should consider: with the Secretary of Health and Human outcomes among former workers; 1. The presence of existing worker Services, to develop a program of 2. Utilize this information to identify and community health programs; medical evaluation for current and or develop viable methods for 2. Availability of information on former DOE workers at significant risk contacting these former workers; former workers and their exposures; for health problems due to exposures to 3. Provide an initial determination of 3. The levels and types of exposures; hazardous or radioactive substances the most significant worker hazards, 4. The number of former workers and during employment. problems and concerns for each site; access to them; Approximately five medical 4. Identify approaches for conducting 5. The concerns of workers about surveillance projects will be funded the project in partnership with unions, specific past exposures; through cooperative agreements to site management, operating contractors, 6. The concerns of DOE site managers identify, and, where appropriate, notify community representatives, and State and operating contractors about specific and medically screen groups of former and local health officials; and past exposures; and workers who are potentially at 5. Attend semiannual DOE- 7. The concerns of both national and significant risk for health problems due coordinated meetings of investigators to local unions about past exposures. 8048 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices

III. Applications must demonstrate that the offeror is Availability. DOE will conduct the This Notice of Availability is issued perceived as neutral and credible, and is selection and award process, which will pursuant to DOE regulations contained capable of conducting scientifically include evaluations by persons outside in 10 CFR Part 602: Epidemiology and valid and responsible medical the Federal government. DOE will Other Health Studies Financial surveillance projects. evaluate the results of phase I and, Proposals must demonstrate that the Assistance Program, as published in the where warranted, authorize and fund offeror has the experience and Federal Register on January 31, 1995 phase II. DOE will facilitate awardee capability to plan, organize, manage, (60 FR 5841). The Catalog of Federal access to the target sites and exposure and facilitate worker and union Domestic Assistance number for 10 CFR records. DOE will establish participation in planning and execution. part 602 is 81.108, and its solicitation requirements and controls for data Proposals must also demonstrate that control number is EOHSFAP 10 CFR collection and handling. DOE will the offeror has the experience and part 602. 10 CFR 602 contains the consult with project investigators and ability to effectively communicate specific requirements for applications, coordinate semiannual meetings. DOE complicated scientific information on evaluation, and selection criteria. Only will interact with an independent potential risks and uncertainties, to those applications following these advisory group that will provide advice workers, local and national specific criteria and forms will be to DOE and to project investigators. stakeholders, concerned citizens, and considered. Application forms may be Finally, DOE will monitor and decision makers at all levels. Proposals obtained at the address cited above. must demonstrate that the offeror evaluate the results of the projects, Applications will be peer reviewed by presently has or is capable of obtaining including the participant’s level of evaluators apart from DOE employees staff with the training, expertise, and satisfaction, to determine how these and contractors as described under experience needed to conduct pilots could be expanded to other section 10 CFR 602.9(c), and submission scientifically complex needs, groups of former workers both at the of an application constitutes agreement assessments and medical surveillance project sites and at other DOE sites. In that this is acceptable to the programs. Proposals must identify the addition to helping former workers, investigator(s) and the submitting technical and scientific staff that will information gained from these projects institution. actually conduct the studies and detail will contribute to DOE’s ongoing efforts IV. Proposal Format their professional experience, as well as to improve health and safety programs for current workers. The proposal shall contain two their level of program involvement. sections, technical and cost. Technical Proposals must demonstrate that the VII. Applicants proposals shall be no more than fifty offeror has capability, for both financial (50) pages in length; resumes of and scientific management, and a Applicants for the cooperative proposed key personnel should be demonstrated skill in planning and agreements could include domestic submitted as an appendix to the scheduling projects of comparable nonprofit and for profit organizations, technical proposal and will not be magnitude to those proposed under this universities, medical centers, research counted against the page limit. Cost Request for Applications. institutions, other public and private proposals shall have no page limit. c. The cost proposal must include a organizations, including State and local Because each project will be conducted summary breakdown of all costs, and governments, labor unions and other in two phases, and the scope of phase provide a detailed breakdown of costs employee representative groups, and II is dependent on the results of phase on a task-by-task basis for each task small, minority and/or women-owned I, the technical description for phase II contained in the project description. businesses. Consortiums of interested may be less specific than that for phase Any expectation concerning cost organizations are encouraged to apply. I, but must clearly demonstrate a sharing must be clearly stated. Cost Awardees for each project will work capability to conduct phase II. It is left sharing is encouraged, but it will not be cooperatively with former workers, DOE to the proposer to determine how best considered in the selection process. site officials, DOE operating contractors, to structure the proposal. However, the V. Evaluation Criteria labor organizations, health officials, and designated community representatives. following information shall be included: DOE will evaluate applications based a. Proposals shall include a detailed upon the following criteria in 10 CFR Issued in Washington, D.C., on February project description that discusses the 602.9(d) that are listed in descending 23, 1996. specific tasks to be performed under the order of importance: Paul J. Seligman, proposed project. At a minimum, the 1. The scientific and technical merit tasks listed under section II above must Deputy Assistant Secretary for Health Studies. of the proposed research; [FR Doc. 96–4826 Filed 2–29–96; 8:45 am] be described. The project description 2. The appropriateness of the must include clear statements of what is proposed method or approach; BILLING CODE 6450±01±P not known and what is uncertain, as 3. Competency of research personnel well as statements of what is known. and adequacy of proposed resources; Federal Energy Regulatory The project description must describe and Commission how independent, external peer review 4. Reasonableness and of the results of the project will be appropriateness of the proposed budget. conducted. The project description must [Docket No. EG96±45±000, et al.] demonstrate that the offeror has the VI. DOE’s Role ability to integrate their work with the In order for DOE to utilize cooperative Yichange CMI Power Developement activities of other organizations agreements for these medical Company, Ltd., et al.; Electric Rate and conducting medical surveillance surveillance projects, there must be Corporate Regulation Filings activities. substantial involvement between DOE b. Proposals must demonstrate the and any awardee(s). DOE established February 23, 1996. competency of research personnel and the core tasks for these projects and Take notice that the following filings the adequacy of resources. Proposals prepared this Federal Register Notice of have been made with the Commission Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices 8049

1. Yichang CMI Power Development Coordination Sales Tariff (Tariff). The 6. Entergy Power, Inc. Company, Ltd. Service Agreement adds Allegheny [Docket No. ER96–1092–000] Electric Cooperative, Inc. as a customer [Docket No. EG96–45–000] Take notice that on February 20, 1996, under the Tariff. DLC requests an On February 20, 1996, Yichang CMI Entergy Power, Inc. (Entergy Power), effective date of January 9, 1996 for the Power Development Company, Ltd. tendered for filing a unit power sale Service Agreement. (‘‘Applicant’’), whose business address agreement between Entergy Power and Comment date: March 8, 1996, in is Yichang Economic and Technological City of Tallahassee. Entergy Power accordance with Standard Paragraph E Development Zone, Yichang, Hubei requests an effective date for the at the end of this notice. Province, People’s Republic of China, Agreement of March 1, 1996, and filed with the Federal Energy Regulatory 4. Montaup Electric Company respectfully requests waiver of the Commission an application for [Docket No. ER96–1090–000] Commission’s notice requirements determination of exempt wholesale under § 35.11 of the Commission’s generator status pursuant to Part 365 of Take notice that on February 20, 1996, Regulations. the Commission’s Regulations. Montaup Electric Company (Montaup), Comment date: March 8, 1996, in Applicant intends, directly or tendered for filing tariffs providing for accordance with Standard Paragraph E indirectly, to own or operate all or part point-to-point and network transmission at the end of this notice. of eligible facilities, including without service which Montaup states are 7. Cinergy Services, Inc. limitation a 24 MW electric generating consistent in all substantive respects facility located in Hubei Province in the with the terms and conditions of service [Docket No. ER96–1093–000] People’s Republic of China. contained in the draft pro forma tariffs Take notice that on February 20, 1996, Comment date: March 15, 1996, in included in the Notice of Proposed Cinergy Services, Inc. (Cinergy), accordance with Standard Paragraph E Rulemaking in ‘‘Promoting Wholesale tendered for filing on behalf of its at the end of this notice. The Competition Through Open-Access operating companies, The Cincinnati Commission will limit its consideration Non-Discriminatory Transmission Gas & Electric Company (CG&E) and PSI of comments to those that concern the Services by Public Utilities,’’ Docket No. Energy, Inc. (PSI), an Electric Sales adequacy or accuracy of the application. RM95–8–000. Montaup also tendered Agreement, dated February 1, 1996, for filing amendments to its system sales 2. Jamaica Energy Partners between Cinergy, CG&E, PSI and tariff to place the transmission of those WestPlains Energy-Kansas (WPE–KS). [Docket No. EG96–46–000] sales under its proposed point-to-point The Electric Sales Agreement On February 20, 1996, Jamaica Energy tariff. Montaup asks that the provides for the following service Partners, c/o Wartsila Power Commission allow the filing to become between Cinergy and WPE–KS: Development, Inc., 116 Defense effective on April 21, 1996. 1. Service Schedule A—Emergency Highway, Suite 301, Annapolis, Comment date: March 8, 1996, in Service Maryland 21491, filed with the Federal accordance with Standard Paragraph E 2. Service Schedule B—System Energy Energy Regulatory Commission an at the end of this notice. 3. Service Schedule C—Negotiated application for redetermination of 5. IES Utilities Inc. Capacity and Energy exempt wholesale generator status Cinergy and WPE–KS have requested pursuant to Part 365 of the [Docket No. ER96–1091–000] an effective date of March 1, 1996. Commission’s Regulations. Take notice that on February 20, 1996, Copies of the filing were served on Applicant will own an approximately IES Utilities Inc. (IES), tendered for WestPlains Energy-Kansas, the State 76 MW floating diesel-engine-powered filing proposed changes in its FERC Corporation Commission, the Kentucky electric generating facility located at Old Electric Service Tariff, Original Volume Public Service Commission, Public Harbour Bay, Jamaica. The Facility’s 1. The proposed changes would amend Utilities Commission of Ohio and the electricity will be sold exclusively at the IES and Central Iowa Power Indiana Utility Regulatory Commission. wholesale, with the possible exception Cooperative (CIPCO) Operating and Comment date: March 8, 1996, in of some retail sales in Jamaica. None of Transmission Agreement by adding accordance with Standard Paragraph E the electric energy generated by the Appendix 14. at the end of this notice. Appendix 14 deals with the division Facility will be sold to consumers in the 8. Louisville Gas and Electric Company United States. of revenues received via the Mid- Redetermination of exempt wholesale America Power Pool (MAPP) [Docket No. ER96–1094–000] generator status is sought to reflect that Transmission Service Change. IES and Take notice that on February 20, 1996, Montana Power Company and Illinois CIPCO operate a combined control area Louisville Gas and Electric Company, Power Company have become affiliate and are recognized as one entity by tendered for filing copies of service and associate companies of Applicant. MAPP. Power sales/purchases that agreements between Louisville Gas and Comment date: March 15, 1996, in utilize the IES/CIPCO transmission Electric Company and Rainbow Energy accordance with Standard Paragraph E system will result in a revenue stream Marketing Corporation under Rate GSS. at the end of this notice. The to IES/CIPCO from MAPP. The method Comment date: March 8, 1996, in Commission will limit its consideration in Appendix 14 divides these revenues accordance with Standard Paragraph E of comments to those that concern the on the basis of installed rules of high at the end of this notice. adequacy or accuracy of the application. voltage transmission line averaged with 9. Louisville Gas and Electric Company installed MVA of transmission voltage 3. Duquesne Light Company transformers for each of the parties. [Docket No. ER96–1095–000] [Docket No. ER96–1018–000] Copies of the filing were served upon Take notice that on February 20, 1996, Take notice that on February 5, 1996, CIPCO and the Iowa State Utilities Louisville Gas and Electric Company, Duquesne Light Company (DLC) filed a Board. tendered for filing copies of a service Service Agreement dated January 9, Comment date: March 8, 1996, in agreement between Louisville Gas and 1996, with Allegheny Electric accordance with Standard Paragraph E Electric Company and Louis Dreyfus Cooperative, Inc. under DLC’s FERC at the end of this notice. Electric Power Inc. under Rate GSS. 8050 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices

Comment date: March 8, 1996, in Power), 500 South 27th Street, Decatur, [Project No. 2170±003 Alaska] accordance with Standard Paragraph E Illinois 62526, tendered for filing firm at the end of this notice. and non-firm transmission agreements Chugach Electric Association, Inc.; under which MidCon Power Services Notice of Availability of Environmental 10. Louisville Gas and Electric Corp. will take transmission service Assessment Company pursuant to its open access transmission February 26, 1996. [Docket No. ER96–1096–000] tariff. The agreements are based on the An environmental assessment (EA) is Form of Service Agreement in Illinois Take notice that on February 20, 1996, available for public review. The EA is Louisville Gas and Electric Company, Power’s tariff. for an application to amend the license tendered for filing copies of a service Illinois Power has requested an for the Cooper Lake Project. The agreement between Louisville Gas and effective date of January 17, 1996. application is to relocate an Electric Company and Koch Power Comment date: March 8, 1996, in approximately 1.7-mile-long section of Services Inc. under Rate GSS. accordance with Standard Paragraph E Comment date: March 8, 1996, in at the end of this notice. the project’s existing 115-kilovolt transmission line and associated 100- accordance with Standard Paragraph E 15. John E. Lobbia at the end of this notice. foot-wide right-of-way. The EA finds [Docket No. ID–2478–001 that approval of the application would 11. Louisville Gas and Electric Take notice that on December 28, not constitute a major Federal action Company 1995, John E. Lobbia, (Applicant) significantly affecting the quality of the [Docket No. ER96–1097–000] tendered for filing an application under human environment. The Cooper Lake Take notice that on February 20, 1996, Section 305(b) of the Federal Power Act Project is located on Cooper Lake, Louisville Gas and Electric Company, to hold the following positions: Cooper Creek, Kenai Lake in the Municipality of Anchorage, Alaska. tendered for filing copies of service Chief Executive Officer, Chairman and The EA was written by staff in the agreements between Louisville Gas and Director—Detroit Edison Company Electric Company and Catex Vitol Director—NBD Bank, Detroit Office of Hydropower Licensing, Federal Energy Regulatory Commission. Electric under Rate GSS. Comment date: March 8, 1996, in Copies of the EA are available for review Comment date: March 8, 1996, in accordance with Standard Paragraph E at the Commission’s Reference and accordance with Standard Paragraph E at the end of this notice. at the end of this notice. Information Center, Room 2–A, 888 16. Terence E. Adderley First Street, N.E., Washington, DC 12. Louisville Gas and Electric [Docket No. ID–2930–000] 20426. Company For further information, please Take notice that on December 28, contact Jon Cofrancesco at (202) 219– [Docket No. ER96–1098–000] 1995, Terence E. Adderley, (Applicant) 0079. Take notice that on February 20, 1996, tendered for filing an application under Louisville Gas and Electric Company, Section 305(b) of the Federal Power Act Lois D. Cashell, tendered for filing copies of service to hold the following positions: Secretary. agreements between Louisville Gas and Director—Detroit Edison Company [FR Doc. 96–4765 Filed 2–29–96; 8:45 am] Electric Company and Noram Energy Director—First Chicago NBD BILLING CODE 6717±01±M Services under Rate GSS. Corporation Comment date: March 8, 1996, in accordance with Standard Paragraph E Comment date: March 8, 1996, in [Docket No. CP96±153±000] at the end of this notice. accordance with Standard Paragraph E at the end of this notice. Southern Natural Gas Company; 13. PECO Energy Company Standard Paragraph Notice of Intent To Prepare an [Docket No. ER96–1099–000] Environmental Impact Statement for E. Any person desiring to be heard or Take notice that on February 20, 1996, the Proposed North Alabama Pipeline to protest said filing should file a Project, Request for Comments on PECO Energy Company (PECO), filed a motion to intervene or protest with the Service Agreement dated February 1, Environmental Issues, and Notice of Federal Energy Regulatory Commission, Public Scoping Meeting 1996, with Commonwealth Edison 888 First Street, N.E., Washington, D.C. Company (Commonwealth Edison) 20426, in accordance with Rules 211 February 26, 1996. under PECO’s FERC Electric Tariff and 214 of the Commission’s Rules of The staff of the Federal Energy Original Volume No. 1 (Tariff). The Practice and Procedure (18 CFR 385.211 Regulatory Commission (FERC or Service Agreement adds Commonwealth and 18 CFR 385.214). All such motions Commission) will prepare an Edison as a customer under the Tariff. or protests should be filed on or before environmental impact statement (EIS) PECO requests an effective date of the comment date. Protests will be that will discuss the environmental February 1, 1996, for the Service considered by the Commission in impacts of the construction and Agreement. determining the appropriate action to be operation of the facilities proposed in PECO states that copies of this filing 1 have been supplied to Commonwealth taken, but will not serve to make the North Alabama Pipeline Project. Edison and to the Pennsylvania Public protestants parties to the proceeding. This EIS will be used by the Utility Commission. Any person wishing to become a party Commission in its decision-making Comment date: March 8, 1996, in must file a motion to intervene. Copies process to determine whether to accordance with Standard Paragraph E of this filing are on file with the approve the project. at the end of this notice. Commission and are available for public We are asking a number of Federal inspection. agencies to indicate whether they wish 14. Illinois Power Company Lois D. Cashell, [Docket No. ER96–1100–000] Secretary. 1 Southern Natural Gas Company’s application was filed with the Commissioner under Section 7 Take notice that on February 20, 1996, [FR Doc. 96–4767 Filed 2–29–96; 8:45 am] of the Natural Gas Act and Part 157 of the Illinois Power Company (Illinois BILLING CODE 6717±01±P Commission’s regulations. Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices 8051 to cooperate with us in the preparation agricultural areas. Southern proposes to —Impact on Wheeler Wildlife Refuge of the EIS. These agencies are listed in maintain a 50-foot-wide permanent and other areas of critical appendix 1 and may choose to easement. environmental concern. participate once they have evaluated —Consistency with local land use plans The EIS Process each proposal relative to their agencies’ and zoning. responsibilities.2 The National Environmental Policy —Impact on residences and recreation Act (NEPA) requires the Commission to areas. Summary of the Proposed Project take into account the environmental • Air Quality and Noise Southern Natural Gas Company impacts that could result from an action —Air quality and noise impacts (Southern) wants to expand the capacity whenever it considers the issuance of a associated with construction. of its facilities in Alabama to transport Certificate of Public Convenience and —Effect on local and regional air quality an additional 76,350 thousand cubic Necessity. NEPA also requires us to and local noise environment as a feet per day of natural gas to five local discover and address concerns the result of operation of additional distribution companies. Southern seeks public may have about proposals. We compression at the McConnells and authority to construct and operate: call this ‘‘scoping’’. The main goal of the Providence Compressor Stations. • About 105 miles of 16-inch- scoping process is to focus the analysis • Reliability and Safety diameter pipeline in Tuscaloosa, in the EIS on the important —Assessment of hazards associated Fayette, Walker, Cullman, Morgan, and environmental issues. By this Notice of with natural gas pipelines. Madison Counties, Alabama. The Intent, the Commission requests public We will also evaluate possible proposed pipeline would begin at a tie- comments on the scope of the issues it alternatives to the proposed project or in at Southern’s existing McConnells will address in the EIS. All comments portions of the project, and make Compressor Station in Tuscaloosa received are considered during the recommendations on how to lessen or County, Alabama, and proceeds preparation of the EIS. State and local avoid impacts on the various resource northeast to its termination in Madison government representatives are areas. County, Alabama; encouraged to notify their constituents Our independent analysis of the • Two new meter stations: Huntsville of this proposed action and encourage issues will result in the publication of Meter Station and North Alabama Gas them to comment on their areas of a Draft EIS which will be mailed to District Meter Station, both located in concern. Federal, state, and local agencies, public Madison County, Alabama; The EIS will discuss impacts that interest groups, interested individuals, • About 8.5 miles of 12-inch-diameter could occur as a result of the affected landowners, newspapers, lateral and the Decatur Meter Station in construction and operation of the libraries, and the Commission’s official Morgan County, Alabama; proposed project under these general service list for these proceedings. A 45– • One additional 1,600-horsepower headings: day comment period will be allocated (hp) compressor at Southern’s existing • Geology and Soils for the review of the Draft EIS. We will McConnells Compressor Station in —Seismology and soil liquefaction. consider all comments on the Draft EIS Tuscaloosa County, Alabama; and and revise the document, as necessary, • —Hazardous waste. One additional 4,700-hp —Effect of blasting. before issuing a Final EIS. The Final EIS compressor at Southern’s recently —Topsoil/subsoil mixing. will include our response to each comment received. authorized Providence Compressor —Soil compaction. Station (approved by the Commission in —Erosion control. Currently Identified Environmental May 1995 in Docket No. CP95–505–000) —Right-of-way restoration. Issues in Tuscaloosa County, Alabama. • The general location of the project Water Resources We have already identified several facilities are shown in appendix 2.3 —Groundwater withdrawal and issues that we think deserve attention discharge to surrounding surface based on a preliminary review of the Land Requirements for Construction waters. proposed facilities and the Construction of the proposed facilities —Directional drilling of the Tennessee environmental information provided by would require about 935 acres of land. River. Southern. Keep in mind that this is a Following construction, about 329 acres —128 perennial waterbody crossings, preliminary list: • would be maintained as new right-of- including Sipsey Fork, Lost River, and Twenty-three federally listed way. The remaining 606 acres of land the North River. endangered or threatened species may would be restored and allowed to revert occur in the proposed project area. —Effect on water quality and riparian • to its former use. resources. About 33 acres of forested wetlands Southern proposes to use a 70-foot- would be affected. • Biological Resources • wide right-of-way in nonagricultural About 128 perennial streams, areas; and a 90-foot-wide right-of-way in —Effect of pipeline construction and several over 50 feet-wide, would be operation on wildlife and fisheries crossed by the proposed project. • 2 The appendices referenced in this notice are not habitat. About 391 acres of upland forest being printed in the Federal Register. Copies are —Effect on federally threatened, would be affected. available from the Commission’s Public Reference endangered, or sensitive animal and • The proposed pipeline crosses the and Files Maintenance Branch, 888 First Street, NE, plant species and their habitats. Wheeler National Wildlife Refuge Room 2A, Washington, DC 20426 or call (202) 208– 1371. Copies of the appendices were sent to all —Effect on forested wetlands and other (Tennessee River) from mileposts (MP) those receiving this notice in the mail. wetland habitats. 107.81 to 108.72. • 3 The appendices referenced in this notice are not • Cultural Resources Nineteen residences are located being printed in the Federal Register. Copies are within 50 feet of the proposed available from the Commission’s Public Reference —Effect on historic and prehistoric construction right-of-way. and Files Maintenance Branch, 888 First Street, sites. The list of issues may be added to, N.E., Washington, D.C. 20426, or call (202) 208– —Native American and tribal concerns. 1371. Copies of the appendices were sent to all subtracted from, or changed based on those receiving this notice in the mail. • Land Use your comments and our analysis. 8052 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices

Two nonjurisdictional small-diameter of speakers. Priority will be given to Alisa Lykens, EIS Project Manager, at pipeline laterals are associated with this those persons representing groups. A (202) 208–0766. proposal. These laterals would service list will be available at the public Lois D. Cashell, the municipal of Decatur and meeting to allow for non-preregistered Secretary. Huntsville, Alabama. We have speakers to sign up. A transcript will be [FR Doc. 96–4766 Filed 2–29–96; 8:45 am] determined that those facilities will be made of the meeting and comments will BILLING CODE 6717±01±M included in the environmental be used to help determine the scope of document. the Draft EIS. [Project Nos. 10773±015, et al.] Public Participation/Scoping Meeting Becoming an Intervenor Hydroelectric Applications [Alaska You can make a difference by sending In addition to involvement in the EIS Aquaculture, Inc. et al.]; Notice of a letter addressing your specific scoping process, you may want to Applications comments or concerns about the project. become an official party to the You should focus on the potential proceeding or become an ‘‘intervenor’’. Take notice that the following environmental effects of the proposal, Among other things, intervenors have hydroelectric applications have been alternatives to the proposal (including the right to receive copies of case- filed with the Commission and are alternative routes), and measures to related Commission documents and available for public inspection: avoid or lessen environmental impact. filings by other intervenors. Likewise, 1 a. Type of Application: Amendment The more specific your comments, the each intervenor must provide copies of more useful they will be. Please follow of license. its filings to all other parties. If you b. Project No: 10773–015. the instructions below to ensure that want to become an intervenor you must your comments are received and c. Date Filed: Original date: March 13, file a motion to intervene according to 1995. Supplemental date: February 8, properly recorded: Rule 214 of the Commission’s Rules of • Address your letter to: Lois Cashell, 1996. Practice and Procedure (18 CFR d. Applicant: Alaska Aquaculture, Secretary, Federal Energy Regulatory 385.214) (see appendix 3). Commission, 888 First St., N.E., Inc. Washington, D.C. 20426; The date for filing timely motions to e. Name of Project: Burnett River • Reference Docket No. CP96–153– intervene in this proceeding has passed. Hatchery. 000; Therefore, parties now seeking to file f. Location: First Judicial District • Send a copy of your letter to: Ms. late interventions must show good Alaska. Alisa Lykens, EIS Project Manager, cause, as required by § 385.214(b)(3), g. Filed Pursuant to: Federal Power Federal Energy Regulatory Commission, why this time limitation should be Act, 16 U.S.C. Section 791(a)–825(r). 888 First St., N.E., PR 11.1, Washington, waived. Environmental issues have been h. Applicant Contact: Mr. Tod Jones, D.C. 20426; and viewed as good cause for late Box 830, 730 Case Ave., Suite C, • Mail your comments so that they intervention. You do not need Wrangell, AK 99929, (907) 874–2250. will be received in Washington, D.C. on intervenor status to have your scoping i. FERC Contact: Susan Tseng, (202) or before April 5, 1996. comments considered. 219–2798. Beyond asking for written comments, j. Comment Date: April 3, 1996. Environmental Mailing List we invite you to attend our public k. Description of Project: Alaska scoping meeting that will be held on This notice is being sent to Aquaculture has filed an application to Monday, April 1, 1996 at 7:00 p.m., at individuals, organizations, and approve revised exhibit G drawings for the Sheraton Airport Inn, 1000 Glenn government entities interested and/or the Burnett River Hatchery. The revised Hearn Blvd., Huntsville, Alabama potentially affected by the proposed exhibit G drawings show a change in 35824, (205) 772–9661. project. It is also being sent to all project boundary for the project. The The purpose of the scoping meeting is potential right-of-way grantors to solicit amount of federal lands within the to obtain input from state and local focused comments regarding project boundary for the project would governments and from the public. environmental considerations related to decrease from 550 acres to 170 acres. Federal agencies have formal channels the proposed project.4 As details of the l. This notice also consists of the for input into the Federal process project become established, following standard paragraphs: B, C1, (including separate meetings where representatives of Southern will directly and D2. appropriate) on an interagency basis. contact landowners, communities, and 2 a. Type of filing: Notice of Intent to Federal agencies are expected to public agencies concerning any other File Application for New License. transmit their comments directly to the matters, including acquisition of b. Project No.: 2060. FERC and not use the scoping meetings permits and rights-of-way. c. Date filed: January 22, 1996. for this purpose. If you do not want to send comments d. Submitted By: Niagara Mohawk Southern will be invited to present a at this time but still want to keep Power Corporation, current licensee. description of its proposal at the informed and receive copies of the Draft e. Name of Project: Carry Falls. scoping meeting. Interested groups and and Final EISs, please return the f. Location: On the Raquette River, in individuals are encouraged to attend the Information Request (appendix 4). If you the Town of Colton, St. Lawrence meeting and present oral comments on do not return the Information Request County, New York. the environmental issues which they you will be taken off the mailing list. g. Filed Pursuant to: Section 15 of the believe should be addressed in the Draft Federal Power Act, 18 CFR 16.6 of the EIS. The more specific your comments, Additional information about the Commission’s regulations. the more useful they will be. Anyone proposed project is available from Ms. h. Effective date of original license: who would like to make an oral February 1, 1951. presentation at the meeting should 4 Southern has supplied a preliminary landowner i. Expiration date of original license: list. This list is based on the ownership of the land contact the EIS Project Manager containing the existing right-of-way. A January 31, 2001. identified at the end of this notice to supplemental mailing will be made, if necessary, j. The project consists of: (1) a 76-foot- have his or her name placed on the list after the route has been surveyed. high, 830-foot-long concrete gravity-type Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices 8053 dam with an overflow spillway; (2) two intake; (e) a penstock; (f) a powerhouse h. Applicant Contact: Mr. Sam S. 14.5-foot by 27-foot Tainter regulating containing a 13,913–Kw generating unit; Hirschey, Niagara Mohawk Power Corp., gates; (3) an intake for future power and (g) appurtenant facilities; 300 Erie Boulevard West, Syracuse, NY installation; (4) five earth dikes with (3) the Rainbow Falls Development 13202 (315) 428–5561. lengths varying from 320 feet to 1,015 comprising: (a) a 75-foot-high concrete i. FERC Contact: Joseph C. Adamson, feet and maximum heights varying from gravity-type dam with a concrete (202) 219–1040. 12 feet to 31 feet; (5) a 5-mile-long overflow section flanked by a 1,600- j. Comment Date: March 25, 1996. reservoir having a 3,170 acre surface foot-long earth dike; (b) an earth saddle k. Description of Proposed Action: area and a 114,000 acre-foot storage dike; (c) a 3.5-mile-long reservoir at NIMO filed, for Commission approval, capacity at normal pool elevation 1,385 normal pool elevation 1,181.5 feet plans and specifications for the feet m.s.l.; and (6) appurtenant facilities. USGS; (d) an intake; (e) a penstock; (f) Queensbury Site Remedial Action Plan The project has no installed generating a powerhouse containing a 22,828–Kw for the removal of polychlorinated capacity. generating unit; and (g) appurtenant biphenyls (PCBs) contaminated k. Pursuant to 18 CFR 16.7, facilities; sediments within the project boundary. information on the project is available (4) the Five Falls Development The site consists of approximately 0.75 at: Niagara Mohawk Power Corporation, comprising: (a) a 50-foot-high concrete acre of upland and 8 acres of Hydro Licensing & Regulatory gravity-type dam with a concrete contaminated sediment along the Compliance, D–2, 300 Erie Boulevard overflow section flanked at each end by shoreline of the Hudson River. The West, Syracuse, New York 13202, an earth dike; (b) a 1.0-mile-long proposal consists of removing Contact: Jerry L. Sabattis (315) 428– reservoir at normal pool elevation approximately 5,150 tons of 5582. 1,077.0 feet USGS; (c) an intake; (d) a contaminated sediment from the site, of l. FERC contact: Charles T. Raabe 1,200-foot-long penstock; (e) a which 3,800 tons are non-hazardous and (202) 219–2811. powerhouse containing a 22,828–Kw 1,250 tons hazardous. The hazardous m. Pursuant to 18 CFR 16.9(b)(1) each generating unit; and (f) appurtenant sediment will be transported and application for a new license and any facilities; and deposited in a hazardous material competing license applications must be (5) the South Colton Development disposal site. The removal plan consists filed with the Commission at least 24 comprising: (a) a 45-foot-high concrete of: (a) lowering the project’s reservoir by months prior to the expiration of the gravity-type dam with a concrete 4 feet to the approximate elevation of existing license. All applications for overflow section and earth abutments; 346 feet; (b) installing a water-filled license for this project must be filed by (b) a 1.5-mile-long reservoir at normal bladder cofferdam along the edge of the January 31, 1999. pool elevation 973.5 feet USGS; (c) an river side of the site; (c) excavation of 3 a. Type of filing: Notice of Intent to intake; (d) a 1,300-foot-long penstock; near shore material to a uniform depth File Application for New License. (e) a powerhouse containing an 18,948– of 2 feet; (d) excavation of upland soil b. Project No.: 2084. Kw generating unit; and (f) appurtenant to a uniform depth of 1 foot, within the c. Date filed: January 22, 1996. facilities. upland soil excavation limits; and (e) The project has a total installed d. Submitted By: Niagara Mohawk placement of erosion and sediment capacity of 102,389–Kw. control measures. After removal is Power Corporation, current licensee. k. Pursuant to 18 CFR 16.7, e. Name of Project: Upper Raquette completed the site will be restored. The information on the project is available restoration plan consists of: (a) River. at: Niagara Mohawk Power Corporation f. Location: On the Raquette River, in backfilling the site with 5,000 tons of Hydro Licensing & Regulatory backfill material and 1,550 tons of the Towns of Colton and Parishville, St. Compliance, D–2, 300 Erie Boulevard Lawrence County, New York. topsoil; (b) grading and placement of rip West, Syracuse, New York 13202, rap, a boulder edge system, stone g. Filed Pursuant to: Section 15 of the Contact: Jerry L. Sabattis (315) 428– Federal Power Act, 18 CFR 16.6 of the channels, and a boulder wall; and (b) 5582. revegetating the site with woody species Commission’s regulations. l. FERC contact: Charles T. Raabe h. Effective date of original license: and field grass. (202) 219–2811. l. This notice also consists of the February 1, 1952. m. Pursuant to 18 CFR 16.9(b)(1) each following standard paragraphs: B, C1, i. Expiration date of original license: application for a new license and any and D2. January 31, 2002. competing license applications must be j. The project consists of five filed with the Commission at least 24 5 a. Type of filing: Notice of Intent to developments: months prior to the expiration of the File An Application for a New License. (1) the Stark Falls Development existing license. All applications for b. Project No.: 2697. comprising: (a) a 35-foot-high concrete license for this project must be filed by c. Date filed: January 31, 1996. gravity-type dam with a concrete January 31, 2000. d. Submitted By: Northern States overflow section and a control gate 4 a. Type of Application: Plans and Power Company, current licensee. section flanked by earth dikes; (b) six specifications for the Queensbury Site e. Name of Project: Cedar Falls. earth saddle dikes; (c) a 1.5-mile-long Remedial Action Plan. f. Location: On Red Cedar River, in reservoir at normal pool elevation b. Project No.: 2482. Dunn County, Wisconsin. 1,355.0 feet USGS; (d) an intake; (e) a c. Dated Filed: February 12, 1996. g. Filed Pursuant to: 18 CFR 16.6 of penstock; (f) a powerhouse containing a d. Applicant: Niagara Mohawk Power the Commission’s regulations. 23,872–Kw generating unit; and (g) Corp. (NIMO). h. Effective date of original license: appurtenant facilities; e. Name of Project: Hudson Project, April 17, 1956. (2) the Blake Falls Development Sherman Island Development. i. Expiration date of original license: comprising: (a) a 75-foot-high concrete f. Location: Hudson River, at Corinth January 31, 2001. gravity-type dam with a concrete Road, 4 miles west of the City of Glens j. The project consists of: (1) a 19-foot- overflow section; (b) an earth dike; (c) Falls, Warren County, New York. high, 508-foot-long concrete dam; (2) a a 5.5-mile-long reservoir at normal pool g. Filed Pursuant to: Federal Power 7-mile-long reservoir having an 1,800 elevation 1,250.5 feet USGS; (d) an Act, 16 U.S.C. § 791(a)–825(r). acre surface area at normal pool 8054 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices elevation; (3) an intake structure; (4) a In responding, commenters may 1,768 feet (USGS) composed of two penstock; (5) a powerhouse containing submit a copy of their comments on a sections. The eastern section, about 50 three generators with a total installed 31⁄2 inch diskette formatted for MS–DOS feet long, is constructed of mortared capacity of 6,000-kW; and (6) based computers. In light of our ability rubble and capped with reinforced appurtenant facilities. to translate MS–DOS based materials, concrete; the western section is about k. Pursuant to 18 CFR 16.7, the text need only be submitted in the 100 feet long, and is constructed of information on the project is available format and version that it was generated reinforced concrete, with wooden trash at: Northern States Power Company, 100 (i.e., MS Word, WordPerfect 5.1/5.2, racks and a concrete gate. A square, North Barstow street, P.O. Box 8, Eau ASCII, etc.). It is not necessary to reinforced concrete conduit (4 feet by 4 Claire, WI 54702, Contact: Lloyd reformat word processor generated text feet), 12 inches thick, and about 232 feet Everhart (715) 839–2692. to ASCII. For Macintosh users, it would long, conveys water from an intake l. FERC contact: Charles T. Raabe be helpful to save the documents in structure through the embankment to (202) 219–2811. Macintosh word processor format and the outlet structure. The reinforced m. Pursuant to 18 CFR 16.8, 16.9, and then write them to files on a diskette concrete outlet structure is controlled by 16.10, each application for a new formatted for MS–DOS machines. five gate valves (with two 6-inch, two 8- license and any competing license o. Available Locations of Application: inch, and one 10-inch diameter valves) applications must be filed with the A copy of the application is available for and discharges into Sucker Brook. Commission at least 24 months prior to inspection and reproduction at the The Sucker Brook diversion dam the expiration of the existing license. Commission’s Public Reference and creates an impoundment with a surface All applications for license for this Files Maintenance Branch, located at area of about 2 acres and a gross storage project must be filed by January 31, 888 1st Street, NE., Room 2–A, capacity of 20 acre-feet at the maximum 1999. Washington, DC 20426, or by calling surface elevation of 1,312 feet USGS. At 6 a. Type of Application: Major (202) 219–1371. A copy is also available the normal pond elevation of 1,288 feet License. for inspection and reproduction at Mr. USGS, the surface area of the b. Project No.: 10805–002. Peter H. Burno, R.R. #2, Box 345, impoundment is less than a quarter of c. Date filed: September 25, 1992. Edgerton, WI (608) 884–9416. an acre, resulting in about 1 acre-foot of d. Applicant: Midwest Hydraulic 7 a. Type of Application: Original storage volume. The dam consists of an Company. License. earth embankment, approximately 665 e. Name of Project: Hatfield Hydro b. Project No.: 11478–000. feet long with a maximum height of 38 Project. c. Date Filed: May 9, 1994, and feet; the spillway consists of a 60-foot- f. Location: On the Black River, in amended on April 21, 1995. long concrete weir. An intake structure Jackson and Clark Counties, Wisconsin. contains a manually operated timber g. Filed Pursuant to: Federal Power d. Applicant: Central Vermont Public headgate with trash racks. A penstock Act 16 U.S.C. §§ 791 (a)–825(r). Service Corporation. h. Applicant Contact: Peter H. Burno, e. Name of Project: Silver Lake with a diameter ranging from 36 inches R.R. #2, Box 345, Edgerton, WI 53534, Project. at the intake structure to 42 inches at (608) 884–9416. f. Location: On the Sucker Brook in the outfall extends 7,000 feet from the i. FERC Contact: Mary C. Golato (202) Addison County, Vermont. Sucker Brook diversion dam to Silver 219–2804. g. Filed pursuant to: Federal Power Lake, with sections comprised of j. Deadline Date: April 12, 1996. Act, 16 U.S.C. 791(a)–825(r). corrugated metal, wood stave, and k. Status of Environmental Analysis: h. Applicant Contact: Mr. Bruce concrete pipe. This application is ready for Peacock, Central Vermont Public The Silver Lake portion of the project environmental analysis at this time—see Service Corporation, 77 Grove Street, consists of a reservoir with a surface attached paragraph D10. Rutland, Vt. 05701, (802) 747–5463. area of 110 acres and a gross storage l. Description of Project: The i. FERC Contact: Jim Haimes (202) volume of 3,120 acre-feet at the normal proposed project consists of the 219–2780. surface elevation of 1,250 feet USGS. following: (1) an existing diversion dam j. Deadline Date: See standard The dam consists of a buttressed 3,100 feet long and 48 feet high; (2) an paragraph D10. concrete wall section with earthfill on existing reservoir with a surface area of k. Status of Environmental Analysis: the upstream and downstream sides of 945 acres with a gross storage capacity This application has been accepted for the wall. The dam is approximately 257 of 10,800 acre-feet; (3) two 10-foot- filing and is ready for environmental feet long with a maximum height of 30 diameter penstocks extending 265 feet analysis at this time. feet. The intake is a reinforced concrete long; (4) an existing powerhouse l. Description of Project: The existing, structure with trash racks. There is a 60- containing two existing turbine- operating Silver Lake Project consists of foot-long conduit that conveys water generator units at a total capacity of three separate developments: (1) the from the intake structure into the outlet 6,000 kilowatts (Kw) and two proposed Sugar Hill storage reservoir; (2) the structure, which is also reinforced low flow units at a total rated capacity Sucker Brook diversion facility; and (3) concrete topped with a wooden of 532 Kw; and (5) appurtenant the Silver Lake dam, reservoir, and superstructure, containing an facilities. The applicant estimates that powerhouse. electrically operated slide gate. A the total average annual generation The Sugar Hill reservoir, created by penstock extends about 5,200 feet from would be 20,000,000 kilowatthours. The the Goshen Dam, has a surface area of the Silver Lake outlet structure to the dam is owned by Hatfield Hydro 74 acres and a gross storage capacity of powerhouse. It is constructed of Partnership. 1,590 acre-feet at the normal surface fiberglass (2,400 feet), wood stave (100 m. Purpose of the Project; All project elevation of 1,768 feet United States feet), and steel (2,400 feet), with a surge energy generated would be utilized by Geological Survey (USGS) datum. The tank located between the wood stave the applicant for sale. Goshen Dam consists of an earthfill section and the steel section. The n. This notice also consists of the embankment section, about 680 feet penstock diameter ranges from 48 following standard paragraphs: A4 and long with a maximum height of 60 feet, inches at the intake structure to 36 D10. and a spillway with a crest elevation of inches at the surge tank. Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices 8055

The project powerhouse is about 47 acre-feet, and a 1,063-foot-long, 40-foot- of 2,606 acre-feet; (3) the 15-foot 6-inch feet by 67 feet, with a concrete high dam; (3) the 106-acre Twin Lake by 13-foot, 2.7-mile-long West Point substructure and a brick superstructure, with a useable storage capacity of 1,207 Tunnel; (4) a 84 and 120-inch-diameter containing: a single horizontal Francis acre-feet, and a 1,520-foot-long, 22-foot- penstock; (5) a powerhouse with a turbine, rated at 3,000 horsepower (hp), high dam; (4) the 140-acre Meadow Lake turbine generator having an installed with a maximum hydraulic capacity of with a useable storage capacity of 5,656 capacity of 12.8 MW; (6) a 23.5-mile- 60 cubic feet per second (cfs), which acre-feet, and a 775-foot-long, 77-foot- long, 60 kV transmission line; and (7) operates with a net head of 645 feet; a high dam; (5) the 169-acre Upper Bear appurtenant facilities. PG&E proposes to horizontal shaft generator, rated 2,750 River reservoir with a usable storage upgrade the turbine generator unit by kilovolt-ampere (kVA); and appurtenant capacity of 6,756 acre-feet, and a 760- 0.8 MW to 13.6 MW. facilities. The project’s 2,200-kilowatt foot-long, 77-foot-high dam; and (6) the The Electra Development consists of: generator produces an average annual 727-acre Lower Bear River reservoir (1) the 188-foot-long Electra diversion generation of 6,443,000 kilowatt-hours. with a useable storage capacity of dam; (2) the 15-foot 6-inch by 13-foot- m. Purpose of Project: Project power 49,079 acre-feet, and a 979-foot-long, wide, 8-mile-long Electra Tunnel; (3) the is distributed to customers of the 249-foot-high dam connected by rock to 636-foot-long, 123-foot-high Lake Central Vermont Public Service a 865-foot-long, 145-foot-high second Tabeaud dam; (4) a 42-acre reservoir Corporation. dam. with a useable storage capacity of 990 n. This notice also consists of the The Salt Springs Development acre-feet; (5) the 12-foot by 12-foot, 0.5- following standard paragraphs: A4 and consists of: (1) a 1,257-foot-long, 328- mile-long Tabeaud Tunnel; (6) a D10. foot-high dam with a 480-foot-long powerhouse with three turbine o. Available Location of Application: spillway and 13 radial gates; (2) the 963- generators with an installed capacity of A copy of the application is available for acre Salt Springs reservoir with a 84.4 MW; and (7) appurtenant facilities. inspection and reproduction at the useable storage capacity of 141,817 acre- The project lands for the Mokelumne Commission’s Public Reference and feet; (3) a 19-foot-long, 10-foot-diameter Project include 1,059 acres administered Files Maintenance Branch, located at buried penstock; (4) a powerhouse with by the Eldorado and Stanislaus National 888 First Street, N.E., Room 2A, two turbine generators having a Forests and 49 acres administered by Washington, D.C., 20426, or by calling combined installed capacity of 39.1 the Bureau of Land Management (BLM). (202) 208–1371. A copy is also available megawatts (MW); (5) a 16.5-mile-long, A 25,000-acre State Game Refuge and for inspection and reproduction at the 115 kilovolt (kV) transmission line; and the 12,200-acre Mokelumne Central Vermont Public Service (6) appurtenant facilities. Archaeological District are also within Corporation, 77 Grove Street, Rutland, The Tiger Creek Development consists the project boundaries. of: (1) the upper Tiger Creek Conduit Vt. 05701, (802) 747–5463. m. Purpose of Project: Project power comprised of 14.8 miles of flume, 2.7 would be utilized by the applicant for 8 a. Type of Application: New miles of tunnel, and 0.3 miles of License. sale to its customers. penstock; (2) the lower Tiger Creek n. This notice also consists of the b. Project No.: 137–002. Conduit is a 2.5-mile-long flume following standard paragraphs: A4 and c. Date Filed: December 26, 1972. receiving water from six diversion dams D10. d. Applicant: Pacific Gas and Electric including: (a) the 187-foot-long Cole o. Available Location of Application: Company (PG&E). Creek diversion; (b) the 91-foot-long A copy of the application, as amended e. Name of Project: Mokelumne River Cole Creek feeder, and a 315-foot-long, and supplemented, is available for Project. 3 and 5-foot-diameter penstock; (c) the inspection and reproduction at the f. Location: On the North Fork 102-foot-long Bear River feeder, and a Commission’s Public Reference and Mokelumne River in Alpine, Amador, 528-foot-long, 6-foot horseshoe tunnel, Files Maintenance Branch, located at and Calaveras Counties, California. and 737-foot-long flume; (d) the 43-foot- 888 First Street, N.E., Room 2–A, g. Field pursuant to: Federal Power long Beaver Creek feeder, and a 475- Washington, DC 20426, or by calling Act, 16 U.S.C. 791(a)–825(r). foot-long, 16-inch-diameter penstock; (e) (202) 208–1371. A copy is also available h. Applicant Contact: Mr. David the 64-foot-long East Panther Creek for inspection and reproduction at Moller, Pacific Gas and Electric feeder, and a 635-foot-long, 36-inch- Pacific Gas and Electric Company, 201 Company, 201 Mission Street, P.O. Box diameter penstock; and (f) the 58-foot- Mission Street, San Francisco, CA 770000, San Francisco, CA 94177, (415) long West Panther Creek feeder, and a 94177, or by calling David Moller at 973–4696. 3,696-foot-long penstock; (3) the 486- (415) 973–4696. i. FERC Contact: Tom Dean (202) 219– foot-long, 100-foot-high Tiger Creek 9 a. Type of Application: Major New 2778. Regulator dam; (4) a 13-acre reservoir License. j. Deadline Date: See standard with a useable storage capacity of 234- b. Project No.: 1984–056. paragraph D10. acre-feet; (5) the 900-foot-long, 33-foot- c. Date filed: January 25, 1996. k. State of Environmental Analysis: high Tiger Creek Forebay dam; (6) a 2.3- d. Applicant: Wisconsin River Power This application has been accepted for acre reservoir with a useable storage Company. filing and is ready for environmental capacity of 42 acre-feet; (7) a 96-inch- e. Name of Project: Petenwell and analysis at this time. diameter penstock, and a 24-inch- Castle Rock Project. l. Description of Project: The existing diameter sluice penstock; (8) a f. Location: on the Wisconsin River in Mokelumne Project consists of six powerhouse with two turbine generators Adams, Juneau, and Wood Counties, storage reservoirs and four having a combined installed capacity of Wisconsin. developments. 51 MW; (9) a 13.8-mile-long and a 23.4- g. Filed Pursuant to: Federal Power The six storage reservoirs include: (1) mile-long, 230 kV transmission line; and Act 16 U.S.C. §§ 791 (a)–825(r). the 343-acre Upper Blue Lake with a (10) appurtenant facilities. h. Applicant Contact: Mr. Richard L. useable storage capacity of 7,300 acre- The West Point Development consists Hilliker, President, Wisconsin River feet, and a 837-foot-long, 31-foot-high of: (1) the 448-foot-long, 100-foot-high Power Company, P. O. Box 8050, dam; (2) the 198-acre Lower Blue Lake Tiger Creek Afterbay dam; (2) a 70-acre Wisconsin Rapids, WI 54495, (715) 422– with a useable storage capacity of 5,091 reservoir with a useable storage capacity 3722. 8056 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices

i. FERC Contact: Robert Bell (202) must be filed in response to and in Commission within 60 days from the 219–2806. compliance with public notice of the issuance date of this notice (April 22, j. Comment Date: 60 days from the initial development application. No 1996 for Project No. 11478–000 and filing date in paragraph C. competing applications or notices of April 23, 1996 for Project No. 137–002). k. Description of Project: The current intent may be filed in response to this All reply comments must be filed with licensed project consists of the notice. the Commission within 105 days from following two developments: B. Comments, Protests, or Motions to the date of this notice (June 6, 1996 for Intervene—Anyone may submit Petenwell Development Project No. 11478–000 and June 7, 1996 comments, a protest, or a motion to for Project No. 137–002). Anyone may (1) the existing Petenwell Dam intervene in accordance with the obtain an extension of time for these consists of a series of dams and dikes requirements of Rules of Practice and 15,505 feet long and approximately 38 Procedure, 18 CFR 385.210, .211, .214. deadlines from the Commission only feet high; (2) an impoundment having a In determining the appropriate action to upon a showing of good cause or surface area of 25,180 acres, with a take, the Commission will consider all extraordinary circumstances in storage capacity of 495,000 acre-feet at protests or other comments filed, but accordance with 18 CFR 385.2008. normal water surface elevation of 923.9 only those who file a motion to All filings must (1) bear in all capital feet msl; (3) the Existing intake intervene in accordance with the letters the title ‘‘COMMENTS’’, ‘‘REPLY structure; (4) the existing powerhouse Commission’s Rules may become a COMMENTS’’, having 4 generating units having a total party to the proceeding. Any comments, ‘‘RECOMMENDATIONS,’’ ‘‘TERMS installed capacity of 20–MW; (5) an protests, or motions to intervene must AND CONDITIONS,’’ or existing transmission line; and (6) be received on or before the specified ‘‘PRESCRIPTIONS;’’ (2) set forth in the appurtenant facilities. comment date for the particular heading the name of the applicant and Castle Rock Development application. the project number of the application to C1. Filing and Service of Responsive which the filing responds; (3) furnish (1) the existing Castle Rock Dam Documents—Any filings must bear in the name, address, and telephone consist of a series of dams and dikes all capital letters the title number of the person submitting the 19,374 feet long and approximately 30 ‘‘COMMENTS’’, feet high; (2) an impoundment having a ‘‘RECOMMENDATIONS FOR TERMS filing; and (4) otherwise comply with surface area of 14,900 acres and storage AND CONDITIONS’’, ‘‘PROTEST’’, OR the requirements of 18 CFR 385.2001 capacity of 136,000 acre-feet at normal ‘‘MOTION TO INTERVENE’’, as through 385.2005. All comments, water surface elevation of 881.9 feet applicable, and the Project Number of recommendations, terms and conditions msl; (3) the Existing intake structure; (4) the particular application to which the or prescriptions must set forth their the existing powerhouse having 5 filing refers. Any of the above-named evidentiary basis and otherwise comply generating units having a total installed documents must be filed by providing with the requirements of 18 CFR 4.34(b). capacity of 15–MW; (5) an existing the original and the number of copies Agencies may obtain copies of the transmission line; and (6) appurtenant provided by the Commission’s application directly from the applicant. facilities. regulations to: The Secretary, Federal Any of these documents must be filed No additional is being proposed for Energy Regulatory Commission, 888 by providing the original and the this project under this new license. First Street, N.E., Washington, D.C. number of copies required by the l. With this notice, we are initiating 20426. A copy of any motion to Commission’s regulations to: The consultation with the Wisconsin STATE intervene must also be served upon each Secretary, Federal Energy Regulatory HISTORIC PRESERVATION OFFICER representative of the Applicant Commission, 888 First Street, N.E., (SHPO), as required by § 106, National specified in the particular application. Washington, D.C. 20426. An additional Historic Preservation Act, and the D2. Agency Comments—Federal, copy must be sent to Director, Division regulations of the Advisory Council on state, and local agencies are invited to of Project Review, Office of Hydropower Historic Preservation, 36 CFR 800.4. file comments on the described Licensing, Federal Energy Regulatory m. Pursuant to Section 4.32(b)(7) of 18 application. A copy of the application Commission, at the above address. Each CFR of the Commission’s Regulations, if may be obtained by agencies directly filing must be accompanied by proof of any resource agency, Indian Tribe, or from the Applicant. If an agency does service on all persons listed on the person believes that an additional not file comments within the time service list prepared by the Commission specified for filing comments, it will be scientific study should be conducted in in this proceeding, in accordance with order to form an adequate factual basis presumed to have no comments. One 18 CFR 4.34(b), and 385.2010. for a complete analysis of the copy of an agency’s comments must also application on its merit, the resource be sent to the Applicant’s Dated: February 26, 1996. agency, Indian Tribe, or person must file representatives. Lois D. Cashell, a request for a study with the D10. Filing and Service of Responsive Secretary. Documents—The application is ready Commission not later than 60 days from [FR Doc. 96–4768 Filed 2–29–96; 8:45 am] the filing date and serve a copy of the for environmental analysis at this time, BILLING CODE 6717±01±P request on the applicant. and the Commission is requesting comments, reply comments, Standard Paragraphs recommendations, terms and A4. Development Application— conditions, and prescriptions. [Docket No. CP96±191±000, et al.] Public notice of the filing of the initial The Commission directs, pursuant to development application, which has section 4.34(b) of the regulations (see Southern Natural Gas Company, et al.; already been given, established the due Order No. 533 issued May 8, 1991, 56 Natural Gas Certificate Filings date for filing competing applications or FR 23108, May 20, 1991) that all notices of intent. Under the comments, recommendations, terms and February 23, 1996. Commission’s regulations, any conditions and prescriptions concerning Take notice that the following filings competing development application the application be filed with the have been made with the Commission: Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices 8057

1. Southern Natural Gas Company 2. K N Wattenberg Transmission 000.1 Further, NGT seeks to continue [Docket No. CP96–191–000] Limited Liability Company operating a new 4-inch rotary meter and [Docket No. CP96–195–000] two new 1-inch regulators that were Take notice that on February 15, 1996, installed under the emergency Take notice that on February 16, 1996, Southern Natural Gas Company provisions of Section 284.261. NGT (Southern), P.O. Box 2563, Birmingham, K N Wattenberg Transmission Limited Liability Company (K N Wattenberg), states that it replaced its meter station Alabama, 35202–2563, filed in Docket facilities to allow for peak deliveries of No. CP96–191–000 a request pursuant to located at 370 Van Gordon Street, Lakewood, Colorado 80228, filed in 1,200 MMBtu per day. NGT advises that Section 157.205, and 157.211 of the Arkla has agreed to reimburse NGT for Commission’s Regulations under the Docket No. CP96–195–000, an abbreviated application pursuant to the cost of replacing the facilities, Natural Gas Act (18 CFR 157.205 and estimated to be $10,529. 157.211) for approval to change the Section 7(b) of the Natural Gas Act, as operation of a meter station for delivery amended, and Part 157 of the Comment date: April 8, 1996, in of gas to Apache Corporation (Apache), Commission’s Regulations for accordance with Standard Paragraph G a producer, for use in its production authorization permitting and approving at the end of this notice. the abandonment of three compressor activities located offshore, Louisiana, 4. Koch Gateway Pipeline Company under Southern’s blanket certificate units and appurtenant facilities currently located at its Brighton and Texas Eastern Transmission authority issued in Docket No. CP82– Corporation 406–000, pursuant to Section 7(c) of the Compressor Station in Adams County, Natural Gas Act (NGA), all as more fully Colorado by transfer to K N Gas [Docket No. CP96–200–000] set forth in the request which is on file Gathering, Inc. (KNGG). K N Wattenberg further states that it does not have any Take notice that on February 20, 1996, with the Commission and open to Koch Gateway Pipeline Company (Koch public inspection. need for these excess compressor units elsewhere on its system. Finally, K N Gateway), P.O. Box 1478, Houston, Southern proposes to modify an Wattenberg states that no customer will Texas 77251–1478, and Texas Eastern existing meter station located on the have its existing service terminated or Transmission Corporation (TETCO), production platform at or near Block diminished as a result of the proposal 5400 Westheimer Court, P.O. Box 1642, 151, offshore, Louisiana, by replacing herein. Houston, Texas 77251–1642, filed in and reversing one of two 6 inch meters Comment date: March 15, 1996, in Docket No. CP96–200–000 a request at the existing meter station with a three accordance with Standard Paragraph F pursuant to Sections 157.205 and inch meter in order to deliver gas to at the end of this notice. 157.212 of the Commission’s Apache. Southern indicates that Apache Regulations under the Natural Gas Act 3. NorAm Gas Transmission Company has agreed to reimburse Southern for the (18 CFR 157.205, 157.212) for total actual cost of modifying the [Docket No. CP96–197–000] authorization to reassign certain existing station to allow for the delivery Take notice that on February 16, 1996, exchange volumes to various delivery of gas. It is further indicated that such NorAm Gas Transmission Company points under blanket certificates issued cost is estimated to be $52,172. (NGT), 1600 Smith Street, Houston, to Koch Gateway in Docket No. CP82– Southern advises that it will provide Texas 77002, filed in Docket No. CP96– 430–000 and to TETCO in Docket No. the transportation service to the meter 197–000 a request pursuant to Sections CP82–535–000 pursuant to Section 7 of station pursuant to the terms and 157.205, 157.211 and 157.216 of the the Natural Gas Act, all as more fully set conditions of Southern’s Rate Schedule Commission’s Regulations under the forth in the request that is on file with IT. Southern states that SONAT Natural Gas Act (18 CFR 157.205, the Commission and open to public Marketing Company has requested 157.211, 157.216) for authorization to inspection. transportation of the gas for delivery at replace certain meter facilities used to Koch Gateway and TETCO propose to the meter station under Southern’s provide service to Arkla, a distribution remove the Sharon exchange point from FERC Gas Tariff by having the meter division of NorAm Energy Corp. (Arkla), the transmission and exchange station added as a delivery point to its under NGT’s blanket certificate issued agreements on file with the Commission Service Agreement dated October 1, in Docket No. CP82–384–000, et al., as Koch Gateway’s Rate Schedule Nos. 1995. Southern indicates that it will pursuant to Section 7 of the Natural Gas X–2 and X–3, and TETCO’s Rate provide Apache with an average 500 Act, all as more fully set forth in the Schedule No. X–6. It is stated that such Mcf of natural gas per day and 182,500 request that is on file with the delivery point is located at an existing Mcf annually on an interruptible basis Commission and open to public interconnect between the two pipelines under its Part 284 blanket certificate. inspection. in Claiborne Parish, Louisiana. It is NGT proposes to continue to operate Southern states that performance of further stated that volumes for this point certain meter facilities which were the interruptible transportation service would be reassigned to the remaining installed due to the emergency situation for delivery to Apache at the meter exchange points covered by the created by extreme cold winter station will have no significant impact agreements. on Southern’s peak day or firm service conditions and the sudden obligations. Southern further states that unanticipated increase in demand from Koch Gateway and TETCO state that the modification and operation of the its existing customer base located at its the proposed change would not impact existing facilities is allowed by its tariff. Town Border Station No. 2 in Searcy, either of the certificate holder’s peak It is indicated that Southern has the Arkansas, as reported in Docket No. day or annual deliveries and neither capacity to accomplish the deliveries EM96–7–000. NGT specifically seeks pipeline’s tariff prohibits the proposed proposed by the installation without authority to abandon a 4-inch elimination of the delivery point. detriment or disadvantage to its firm diaphragm meter and two 1-inch Comment date: April 8, 1996, in customers. regulators originally installed under accordance with Standard Paragraph G Comment date: April 8, 1996, in authorization in Docket No. CP68–108– at the end of this notice. accordance with Standard Paragraph G at the end of this notice. 1 38 FPC 1162 (1967). 8058 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices

Standard Paragraphs authorization pursuant to Section 7 of Center, room M1500, U.S. the Natural Gas Act. Environmental Protection Agency F. Any person desiring to be heard or Lois D. Cashell, (6102), 401 M Street S.W., Washington, make any protest with reference to said Secretary. D.C. 20460. Please identify comments filing should on or before the comment [FR Doc. 96–4769 Filed 2–29–96; 8:45 am] with the docket number A–91–73 date file with the Federal Energy BILLING CODE 6717±01±P Category VIII–B. Comments and data Regulatory Commission, 888 First may also be submitted electronically by Street, N.E., Washington, D.C. 20426, a sending electronic mail (e-mail) to: A– motion to intervene or a protest in ENVIRONMENTAL PROTECTION and–R–[email protected]. accordance with the requirements of the AGENCY Electronic comments must be submitted Commission’s Rules of Practice and as ASCII file avoiding the use of special Procedure (18 CFR 385.211 and [FRL±5433±5] characters and any form of encryption. 385.214) and the Regulations under the Comments and data will also be Natural Gas Act (18 CFR 157.10). All Accidental Release Prevention accepted on disks in WordPerfect in 5.1 protests filed with the Commission will Requirements: Risk Management file format or ASCII file format. All Programs Under Section 112(r)(7) of be considered by it in determining the comments and data in electronic form the Clean Air Act as Amended; Draft appropriate action to be taken but will must be identified by the docket number Guidances not serve to make the protestants parties A–91–73 Category VIII–B. No to the proceeding. Any person wishing AGENCY: Environmental Protection Confidential Business Information (CBI) to become a party to a proceeding or to Agency. should be submitted through e-mail. participate as a party in any hearing ACTION: Extension of Comment Electronic comments on this draft therein must file a motion to intervene Deadline. guidance may be filed online at many in accordance with the Commission’s Federal Depository Libraries. Rules. SUMMARY: EPA published a notice on FOR FURTHER INFORMATION CONTACT: January 30, 1996 (61 FR 3031) Contact the Emergency Planning and Take further notice that, pursuant to announcing the availability of draft Community Right-to-Know Information the authority contained in and subject to guidance documents associated with Hotline at (800) 535–0202 or (703) 412– jurisdiction conferred upon the Federal risk management programs under 9877 when calling from local Energy Regulatory Commission by Section 112(r)(7) of the Clean Air Act Washington, D.C. area or contact Craig Sections 7 and 15 of the Natural Gas Act (CAA), as amended. These draft Matthiessen in the Chemical Emergency and the Commission’s Rules of Practice guidance documents are: ‘‘Offsite Preparedness and Prevention Office at and Procedure, a hearing will be held Consequence Assessment’’; ‘‘Generic (202) 260–9781. without further notice before the Guidance Risk Management Program Dated: February 26, 1996. Commission or its designee on this (RMP) for Ammonia Refrigeration Jim Makris, filing if no motion to intervene is filed Facilities’’; and ‘‘Risk Management Plan within the time required herein, if the Data Elements’’ and ‘‘Data Elements Director, Chemical Emergency Preparedness and Prevention Office. Commission on its own review of the Instructions.’’ EPA has learned that matter finds that a grant of the some of guidance materials were not [FR Doc. 96–4833 Filed 2–29–96; 8:45 am] certificate is required by the public immediately available and that more BILLING CODE 6560±50±P convenience and necessity. If a motion time is necessary for review and for leave to intervene is timely filed, or comment. This notice extends the [FRL±5432±1] if the Commission on its own motion deadline for submission of comments. believes that a formal hearing is As the initial notice of availability Formation and Open Meeting of the required, further notice of such hearing stated, these documents are not rules or Industrial Non-Hazardous Waste will be duly given. proposed rules. The Agency is willing to Stakeholders Focus Group accept and consider comments at any Under the procedure herein provided AGENCY: Environmental Protection time during the life of these guidance for, unless otherwise advised, it will be Agency. documents. However, the CAA requires unnecessary for the applicant to appear that certain guidance materials must be ACTION: Notice of establishment of the or be represented at the hearing. issued when EPA promulgates Industrial Non-Hazardous Waste G. Any person or the Commission’s regulations under section 112(r)(7)(B). Stakeholders Focus Group and Notice of staff may, within 45 days after the Consequently, comments received by first meeting. issuance of the instant notice by the the deadline will be used to shape the SUMMARY: As required by sections 9 Commission, file pursuant to Rule 214 guidance to be issued at that time. (a)(2) and 10 (a)(2) of the Federal of the Commission’s Procedural Rules While comments received after the Advisory Committee Act (Pub. L. 92– (18 CFR 385.214) a motion to intervene deadline may be considered, those 463), EPA is giving notice of the or notice of intervention and pursuant comments and even those after formation of the Industrial Non- to § 157.205 of the Regulations under publication may be used in future Hazardous Waste Stakeholders’ Focus the Natural Gas Act (18 CFR 157.205) a revisions to the guidance documents. Group and of its first meeting. EPA has protest to the request. If no protest is DATES: Those who wish to express their determined that this action is in the filed within the time allowed therefore, views concerning the material contained public interest. The purpose of this the proposed activity shall be deemed to in the guidances should submit written committee is to advise EPA and be authorized effective the day after the comments by March 29, 1996 to Docket ASTSWMO (the Association of State time allowed for filing a protest. If a A–91–73 Category VIII–B, at the address and Territorial Solid Waste Management protest is filed and not withdrawn below, or via e-mail to A–and–R– Officials) in developing voluntary within 30 days after the time allowed [email protected]. guidance for the management of for filing a protest, the instant request ADDRESSES: Docket. EPA Air and industrial nonhazardous waste in land- shall be treated as an application for Radiation Docket and Information based disposal units. The Focus Group Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices 8059 will facilitate the exchange of operating requirements, and closure and officials. Following is a list of information and ideas among the post-closure practices. representatives from the interested interested parties relating to the The State/EPA Steering Committee is parties: development of such guidance. The convening this Stakeholders Focus Public interest groups—Doris agenda of the first meeting will include Group to obtain recommendations from Cellarius, Sierra Club; Michael Gregory, a discussion of the purpose and scope individuals who are members of a broad Sierra Club; John Harney, Citizens of the guidance under development, the spectrum of public interest groups and Round Table/Pennsylvanians United to ground rules for future meetings, affected industries. All Rescue the Environment; and Rick tailoring management practices to risk, recommendations from Focus Group Lowery, Texas Center for Policy Studies. and liner system designs at industrial participants will be forwarded to the Industry sectors—Tim Saylor, nonhazardous waste facilities. There State/EPA Steering Committee for International Paper; Gary Robbins, will be an opportunity for public consideration, as the Stakeholders’ Exxon Company USA; Walter Carey, comment before the close of the Focus Group will not strive for New Milford Farms/Nestle USA; Robert meeting. consensus. The State/EPA Steering Giraud, Dupont Company; Paul Bork, DATES: The committee’s first meeting Committee will also provide an Dow Chemical Company; Bruce Steiner, will be held on April 11–12, 1996 opportunity for public comment on the American Iron and Steel Institute; James beginning at 9:00 A.M. on each day. The draft guidance document. Meiers, Indianapolis Power and Light meeting will conclude at 5:00 P.M. on Background Company; Andrew Miles, The Dexter April 11 and at 3:00 P.M. on April 12. Corporation; Scott Murto, General ADDRESSES: The location of the meeting ‘‘Industrial nonhazardous waste’’ Motors Corporation; Lisa Williams, The is the Hall of States, Room 383–385, 444 under the federal Resource Conservation Aluminum Association; Jonathan N. Capitol Street, N.W., Washington, and Recovery Act (RCRA) means waste Greenberg, Browning-Ferris Industries; D.C. The seating capacity of the room is that is neither municipal solid waste and Ed Skernolis, WMX Technologies, approximately 75 people, and seating under RCRA Subtitle D nor a hazardous Inc. will be on a first-come basis. Supporting waste under RCRA Subtitle C. Industrial States—James Warner, Minnesota materials are available for viewing at nonhazardous waste consists primarily Pollution Control Agency; Anne Dobbs, Docket # F–96–INHA-FFFFF in the of manufacturing process wastes, Texas Natural Resources Conservation RCRA Information Center (RIC), located including wastewaters and non- Commission. at Crystal Gateway One, 1235 Jefferson wastewater sludges and solids. Federal officials—Paul Cassidy, Davis Highway, First Floor, Arlington, EPA estimates there are 7.6 billion Patricia Cohn, Richard Kinch, John VA. The RIC is open from 9:00 a.m. to tons of industrial nonhazardous waste Sager and Bruce Weddle of the U.S. 4:00 p.m., Monday through Friday, generated annually in the U.S. and Environmental Protection Agency. disposed on-site by approximately excluding federal holidays. To review Dated: February 22, 1995. docket materials, the public must make 12,000 industrial facilities in surface Bruce R. Weddle, an appointment by calling (703) 603– impoundments, landfills, land 9230. The public may copy a maximum application units, or waste piles. Most Acting Director, Office of Solid Waste. of 100 pages from any regulatory docket of this waste is managed in surface [FR Doc. 96–4835 Filed 2–29–96; 8:45 am] at no charge. Additional copies cost impoundments, which are designed to BILLING CODE 6560±50±P $.15/page. For general information, hold wastewaters. These wastes present contact the RCRA Hotline at 1–800– a broad range of risk, from nearly 424–9346 or TDD 1–800–553–7672 hazardous to inert. [ER±FRL±5413±9] (hearing impaired). In the Washington Under RCRA Subtitle D, the states are metropolitan area, call 703–412–9610 or responsible for regulating the Environmental Impact Statements and TDD 703–412–3323. management of industrial nonhazardous Regulations; Availability of EPA waste. State requirements vary widely, FOR FURTHER INFORMATION, CONTACT: Comments and may include standards for design Persons needing further information on and operation, location, monitoring, and Availability of EPA comments the committee should contact Patricia record keeping. This guidance is prepared February 12, 1996 through Cohn, Municipal and Industrial Solid intended to complement existing state February 16, 1996 pursuant to the Waste Division, Office of Solid Waste, at programs. Environmental Review Process (ERP), (703) 308–8675. EPA’s role in the management of under Section 309 of the Clean Air Act SUPPLEMENTARY INFORMATION: industrial nonhazardous waste is very and Section 102(2)(c) of the National Environmental Policy Act as amended. Purpose of the Focus Group limited. Under RCRA Subtitle D, EPA issued minimal criteria prohibiting Requests for copies of EPA comments EPA and ASTSWMO have formed a ‘‘open dumps’’ (40 CFR 257) in 1979. can be directed to the Office of Federal State/EPA Steering Committee to jointly The states, not EPA, are responsible for Activities at (202) 564–7167. develop voluntary facility guidance for implementing the ‘‘open dumping An explanation of the ratings assigned the management of industrial criteria,’’ and EPA has no back-up to draft environmental impact nonhazardous waste in land-based enforcement role. statements (EISs) was published in FR disposal units. The purpose of the Copies of the minutes of all dated April 14, 1995 (60 FR 19047). guidance is to recommend management Stakeholder Focus Group meetings will Draft EISs practices that are environmentally be made available through the docket at sound, that are protective of public the RCRA Information Center. ERP No. D–DOE–A09825–00 Rating health, and that recognize opportunities EC2, Disposition of Surplus Weapons- for pollution prevention and waste Participants Usable Highly Enriched Uranium (HEU) minimization. The guidance will The Stakeholders Focus Group will to Low Enriched Uranium (LEU), Site address such topics as appropriate consist of approximately 25 members, Selection, Y–12 Plant Oak Ridge, TN; groundwater monitoring and corrective who represent public interest groups, Savannah River Site, Aiken, SC; action requirements, liner designs, daily affected industries, states, and federal Babcock & Wilcox Naval Nuclear Fuel 8060 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices

Division, Lynchburg, VA and Nuclear Improvements, (College Avenue) 564–7167 OR (202) 564–7153. Weekly Fuel Services Plant, Erwin, TN. between State College and Pleasant Gap, receipt of Environmental Impact Summary: EPA requested additional Funding, Appalachian Mountain, Centre Statements Filed February 19, 1996 information concerning the highly County, PA. Through February 23, 1996 Pursuant to enriched uranium and the preferred Summary: Based on our review and 40 CFR 1506.9. alternative to strenghten the final EIS due to the diligent efforts of PADOT EIS No. 960087, Draft EIS, COE, CA, San and provide more clarity to the public. project team to avoid impacts to Pedro Creek Section 205 Flood ERP No. D–FHW–D40272–PA Rating environmental resources, EPA has Control Project, Construction, Flood EC2, PA–0322 (Section B01) assigned a rating of LO. EPA supports Protection, COE Section 10 and 404 Transportation Corridor, Improvements the selection of Yellow-Green Option I Permits and Permits Approval, San from PA–0655 to Mt. Pleasant, Funding as the environmentally preferable Mateo County, CA, Due: April 15, and COE Section 404 Permit, Mifflin alternative. 1996, Contact: Bill Dejager (415) 744– County, PA. ERP No. D–ICC–D53008–WV Rating 3341. Summary: EPA expressed concerns EC2, Elk River Railroad Railline (Docket EIS No. 960088, Draft EIS, FHW, PA, for the potential impacts to wetlands, No. 31989), Construction Exemption Erie East Side Access Study, farmlands, and the Anabaptist and Operation, NPDES Permit and Transportation Improvement, PA– community in the project area. In Approval of Permits, Clay and Kanawha 4034, Section A40, COE Section 404 addition, there is insufficient Counties, WV. Permit, Erie County, PA, Due: April information provided to determine the Summary: The ICC should propose 22, 1996, Contact: Manuel A. Mark potential indirect impacts of the project. adequate mitigation for noise impacts in (717) 782–3461. ERP No. D–FHW–D40273–PA Rating the final EIS as well as a clear statement EIS No. 960089, Final EIS, AFS, MT, EO2, US 220 Transportation of purpose and need. Beaverhead National Forests Oil and Improvements Project, Bald Eagle ERP No. D–NPS–D61042–VA Rating Gas Leasing, Exploration, Village to Interstate 80 (I–80), Funding LO, Richmond National Battlefield Park Development and Land Acquisition, and COE Section 404 Permit, Blair and General Management Plan and Land Beaverhead, Madison, Silver Bow, Centre Counties, PA. Protection Plan, Implementation, Deer Lodge and Gallatin, MT, Due: Summary: EPA expressed objections Hanover, Henrico and Chesterfield April 01, 1996, Contact: Peri Suenram to the potential impacts to high quality Counties, VA. (406) 683–3900. streams, terrestrial and wildlife habitat, Summary: EPA expressed lack of EIS No. 960090, Final EIS, FHW, IL, wetlands productive agricultural lands objections with the proposed action. FAP Route 340 Transportation and farm operations. EPA recommends that the final EIS Project, Construction from I–55 to I– ERP No. D–FHW–D40274–PA Rating include an impact assessment of the EC2, US 222 Relocation/Reconstruction 80, Funding, US Coast Guard Permit proposed action on visitor use. and COE Section 404 Permit, Cook, Project, Construction of the Warren ERP No. D1–NAS–A12038–00 Rating Street Extension, Funding, Berks Dupage and Will Counties, IL, Due: LO, International Space Station, April 01, 1996, Contact: Kennett County, PA. Assembly and Operation, Space Station Summary: EPA expressed concerns Perret (708) 283–3510. Freedom (SSF). EIS No. 960091, Final EIS, SFW, CA, with the potential impacts to streams Summary: EPA’s abbreviated review and wetlands from both the limited and Stephens’ Kangaroo Rat (SKR) revealed no concerns with the proposed Authorization for Incidental Take and controlled access alternatives. The project. project alternatives also have the Implementation of a Long-Term potential to significantly impact Final EISs Habitat Conservation Plan, Western floodplains and wetlands. Riverside County, CA, Due: April 01, ERP No. F–NPS–E61071–FL, 1996, Contact: Jeff Newman (619) ERP No. D–FHW–D40276–PA Rating Timucuan Ecological and Historic EC2, US 22 (S.R. 0022—Section C02) 431–9440. Preserve, General Management Plan and EIS No. 960092, Draft Supplement, COE, Highway Improvement, US 22 west of Development Concept Plans, the Strodes Mills Area to US 322 near IL, Sugar Creek Municipal Water Implementation, Fort Caroline National Supply Reservoir Construction, Lewistown. Funding and COE Section Memorial Area, Duval County, FL. 404 Permit Issuance, Mifflin County, Additional Information, COE Section Summary: EPA expressed concerns 404 Permit Issuance, City of Marion, PA. regarding impacts due to off-road Summary: EPA expressed concerns Williamson and Johnson Counties, IL, vehicular use. It is proposed that Due: April 15, 1996, Contact: Terry S. for secondary impacts, air quality, and impacts will be mitigated by the for the 200 acres of forested habitat Siemsen (502) 582–5550. development of off-road vehicular use EIS No. 960093, Final EIS, AFS, MT, impacted by the proposed project. guidelines. ERP No. D–FHW–D40277–WV Rating Bull Sweats Vegetation Manipulation EC2, Merrick Creek Connector Dated: February 26, 1996 Project, Implementation, Helena Improvements Project, between US 60 to B. Katherine Biggs, National Forest, Helena Ranger WV–2 also a New Interchange at I–64, Associate Director, NEPA Compliance District, Lewis and Clark County, MT, Funding and COE Section 404 Permit, Division, Office of Federal Activities Due: March 11, 1996, Contact: David Cabell County, WV. [FR Doc. 96–4846 Filed 2–29–96; 8:45 am] Turner (406) 449–5490. Summary: EPA’s rating is based, in BILLING CODE 6560±50±U The above FEIS was inadvertenly not part, on the potential impacts to area published in the February 9, 1996 streams resulting from various stream Federal Register. The 30 day Wait [ER±FRL±5413±8] channel relocations, pipes and/or Period is Calculated from the Intended culverts and bridging which EPA Environmental Impact Statements; Federal Register Date of 2–9–96. believes will adversely affect the quality Notice of Availability of the existing environment. Amended Notices ERP No. D–FHW–D40278–PA Rating Responsible Agency: Office of Federal EIS No. 950098, Draft Supplement, FTA, LO, PA–26 Transportation Activities, General Information (202) MA, Old Colony Railroad Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices 8061

Rehabilitation Project, Transit Worker Protection; was approved 08/17/ Credit Administration Board, (703) 883– Improvements, New and Updated 95; OMB No. 2070–0072; expires 08/31/ 4025, TDD (703) 883–4444. Information concerning construction 98. ADDRESSES: Farm Credit of the Greenbush Line Corridor, MA, EPA ICR No. 0783.28; The California Administration, 1501 Farm Credit Drive, Due: May 22, 1995, Contact: Mary Pilot Test Program and Clean-Fuel McLean, Virginia 22102–5090. Beth Mello (617) 494–2055. Vehicle Standards for Light-Duty Dated: February 27, 1996. Published FR 03–24–95—Officially Vehicles and Light-Duty Trucks; was Cancelled by the Preparing Agency. approved 09/29/95; OMB No. 2060– Floyd Fithian, EIS No. 950533, Draft EIS, NPS, ID, 0104; expires 08/31/98. Secretary, Farm Credit Administration Board. Hagerman Fossil Beds National EPA ICR No. 1426.04; EPA Worker [FR Doc. 96–4994 Filed 2–28–96; 2:40 am] Monument, General Management Protection Standard for Hazardous BILLING CODE 6705±01±P Plan, Implementation, Twin Falls and Waste Operations and Emergency Gooding County, ID, Due: March 08, Response; was approved 01/30/96; OMB 1996, Contact: Rick Ernenwein (303) No. 2050–0105; expires 01/31/99. 969–2274. EPA ICR No. 1569.03; Approval of FEDERAL COMMUNICATIONS State Coastal Nonpoint Pollution COMMISSION Published FR 11–17–95—Review Control Programs (CZARA Section Period Extended. 6217); was approved 01/30/96; OMB Notice of Public Information EIS No. 950583, Draft EIS, FHW, WA, No. 2040–0153; expires 01/32/99. Collections Submitted to OMB for WA–509 Extension/South Access EPA ICR No. 1100.08; National Review and Approval Road Corridor Project, Construction, Emission Standards for Hazardous Air February 22, 1996. Funding and Possible COE Section Pollutants: Radionuclide; was approved 404 Permit, the Cities of SeaTac, Des 01/31/96; OMB No. 2060–0191; expires SUMMARY: The Federal Communications, Moines, Kent and Federal Way, King 01/31/99. as part of its continuing effort to reduce County, WA, Due: March 11, 1996, EPA ICR No. 1154.04; NESHAP for paperwork burden invites the general Contact: Dale Morimoto (206) 440– Benzene Emissions from Bulk Transfer public and other Federal agencies to 4548. Operations (Subpart BB); was approved take this opportunity to comment on the Published FR 01–26–96—Review 01/31/96; OMB No. 2060–0182; expires following proposed and/or continuing Period Extended. 01/31/99. information collections, as required by Dated: February 27, 1996. EPA ICR No. 1753.01; National the Paperwork Reduction Act of 1995, B. Katherine Biggs, Survey of Gross Alpha Methodology; Public Law 104–13. Comments are Associate Director, NEPA Compliance was approved 08/10/95; OMB No. 2080– requested concerning (a) whether the Division, Office of Federal Activities. 0054; expires 08/31/98. proposed collection of information is necessary for the proper performance of [FR Doc. 96–4847 Filed 2–29–96; 8:45 am] OMB Disapproval BILLING CODE 6560±50±U the functions of the Commission, EPA ICR No. 0226.13; NPDES including whether the information shall Wastewater Permit Application Forms have practical utility; (b) the accuracy of [FRL±5432±4] and Regulatory Revisions for Municipal the Commissions burden estimates; (c) Discharges and Sewage Sludge Use or ways to enhance the quality, utility, and Agency Information Collection Disposal—Forms 2A/2S; was clarity of the information collected and Activities Under OMB Review disapproved 02/15/96. (d) ways to minimize the burden of the AGENCY: Environmental Protection Dated: February 23, 1996. collection of information on the Agency (EPA). David Schwartz, respondents, including the use of ACTION: Notice. Acting Director, Regulatory Information automated collection techniques or Division. other forms of information technology. SUMMARY: In compliance with the [FR Doc. 96–4834 Filed 2–29–96; 8:45 am] DATES: Written comments should be Paperwork Reduction Act (44 U.S.C. BILLING CODE 6560±50±M submitted on or before [insert date 30 3501 et seq.), this notice announces the days after date of publication in the Office of Management and Budget’s Federal Register]. If you anticipate that (OMB) responses to Agency PRA FARM CREDIT ADMINISTRATION you will be submitting comments, but clearance requests. An agency may not find it difficult to do so within the conduct or sponsor, and a person is not Farm Credit Administration Board period of time allowed by this notice, required to respond to, a collection of Sunshine Act Meeting; Regular you should advise the contact listed information unless it displays a Meeting below as soon as possible. currently valid OMB control number. ADDRESS: Direct all comments to The OMB control numbers for EPA’s AGENCY: Farm Credit Administration. regulations are listed in 40 CFR Part 9 Dorothy Conway, Federal and 48 CFR Chapter 15. SUMMARY: Notice is hereby given, Communications, Room 234, 1919 M pursuant to the Government in the St., NW., Washington, DC 20554 or via FOR FURTHER INFORMATION CONTACT: internet to [email protected] and Sandy Farmer (202) 260–2740, Please Sunshine Act (5 U.S.C. 552b(e)(3)), that Timothy Fain, OMB Desk Officer, 10236 refer to the EPA ICR No. the March 14, 1996 regular meeting of the Farm Credit Administration Board NEOB 725 17th Street, NW., SUPPLEMENTARY INFORMATION: (Board) will not be held and that a Washington, DC 20503 or _ OMB Responses to Agency PRA special meeting of the Board is fain [email protected]. Clearance Requests scheduled for Tuesday, March 12, 1996 FOR FURTHER INFORMATION CONTACT: For at 10:00 a.m. An agenda for this meeting additional information or copies of the OMB Approvals will be published at a later date. information collections contact Dorothy EPA ICR No. 1246.05; Reporting and FOR FURTHER INFORMATION CONTACT: Conway at 202–418–0217 or via internet Recordkeeping for Asbestos Abatement Floyd Fithian, Secretary to the Farm at [email protected]. 8062 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices

SUPPLEMENTARY INFORMATION: Needs and Uses: Cordless telephone Association, concerning use of the 37.0– OMB Approval No.: 3060–0402. security features protect the public 38.6 GHz (37 GHz) and 38.6–40.0 GHz Title: Application for New or switched telephone network from (39 GHz) bands. The petition requests Modified Microwave Radio Station unintentional line seizure and that the Commission, among other License Authorization Under Part 21. telephone dialing. These features things, modify the existing technical Form No.: 494. prevent unauthorized access to the standards governing point-to-point Type of Review: Reinstatement of a telephone line, the dailing of calls in operations in the 39 GHz band. The previously approved collection. response to signals other than those existing rules governing the 39 GHz Respondents: Business or other for from the owner’s handset and the band are inconsistent with the proposal profit. unintentional ringing of a cordless contained in the petition. Thus, the Number of Respondents: 9,700. telephone handset. Use of cordless petition for rulemaking, if granted, Estimated Time Per Response: 2 telephone security features reduce the would require new application hours. harm caused by some cordless processing and technical rules for this Total Annual Burden: 19,400 hours. telephones to the ‘‘911’’ Emergency frequency band. Total Annualized Cost per Service Telephone System and the 2. Over 2,100 applications for 39 GHz respondent: The costs for this collection telephone network in general. licenses have been filed since January are $180 filing fee and $140 regulatory Federal Communications Commission. 1995. The increasing number of fee for each new application. There is William F. Caton, applications constitutes a burden on the Commission’s scarce resources and may $180 filing fee for application Acting Secretary. modifications. The Commission limit the impact of a Commission [FR Doc. 96–4722 Filed 2–29–96; 8:45 am] rulemaking in response to the petition estimates 2,910 new applications and BILLING CODE 6712±01±F 6,790 modifications will be submitted. because applications being filed and Needs and Uses: The FCC 494 is used processed are not necessarily in by telecommunications entities to [DA 95±2341] conformance with application and request authorization to construct and technical requirements that may be Applications in the 37.0±38.6 GHz and developed for the 39 GHz bands if the operate microwave facilities. It is the 38.6±40 GHz Bands initial application for requesting rulemaking petition is granted. authorization for facilities governed AGENCY: Federal Communications Consequently, we find that the public under Part 21 of the Commission rules. Commission. interest will be served by not accepting any further applications for licensing The FCC 494 is a multipurpose ACTION: Notice. new 39 GHz frequency assignments, application to request authorization for SUMMARY: On November 13, 1995, the pending Commission action on the new or modified radio station facilities Acting Chief, Wireless rulemaking petition. Accordingly, in the following Part 21 services: Point Telecommunications Bureau adopted an effective upon the release date of this to Point Microwave; Local Television Order that imposes a freeze on the Order, no applications in the Common Transmission Service and Digital Commission accepting applications in Carrier or Operational Fixed Point-to- Electronic Message Service. The form is the Common Carrier or Operational Point Microwave Radio Services for the used to apply for a license for a new Fixed Point-to-Point Microwave Radio 39 GHz band will be accepted for filing. radio station; to amend an pending Services for the 38.6–40.0 GHz Any such applications received on or license application; to modify a granted frequency assignments. The Order was after this date will be returned as license; and to notify the Commission of released November 13, 1995. The freeze unacceptable for filing. This freeze does certain changes. The Commission used was necessary so that the public interest not apply to applications for assignment the information to determine if an can be served by not accepting further or transfer of control of license. applicant is qualified legally, applications pending Commission 3. The Commission’s decision to technically and financially to be action on a rulemaking petition that impose this freeze is procedural in licensed to use microwave radio would modify application processing nature and therefore the freeze is not frequencies. and technical rules for this frequency subject to the notice and comment and OMB Approval No.: 3060–0436. band. The effect of the freeze is to give effective date requirements of the Title: Equipment Authorization - the public consistent technical Administrative Procedure Act. See 5 Cordless Telephone Security Coding standards for the 38.6–40.0 GHz U.S.C. 553(b)(A), (d); Kessler v. FCC, 326 Sections 15.214(c), 68.200(k). frequency assignments. F.2d 673 (D.C. Cir. 1963). Moreover, Form No.: N/A. EFFECTIVE DATE: November 13, 1995. there is good cause for the Type of Review: Reinstatement of a FOR FURTHER INFORMATION CONTACT: Commission’s not using notice and previously approved collection. Robert James of the Wireless comment procedures in this case, or Respondents: Business or other for Telecommunications Bureau at (202) making the freeze effective 30 days after profit. 418–0680. publication in the Federal Register, Number of Respondents: 100 because to do so would be impractical, respondents for Section 15.214(d)(3) SUPPLEMENTARY INFORMATION: unnecessary, and contrary to the public and 100 respondents for section Order interest because compliance would 68.200(k). Adopted: November 13, 1995 undercut the purposes of the freeze. See Estimated Time Per Response: 1.5 Released: November 13, 1995 5 U.S.C. 553(b)(B), (d)(3). hours per response for section By the Acting Chief, Wireless 4. Wherefore, as discussed herein, it is 15.24(d)(3) and .5 hours per response for Telecommunications Bureau: hereby ordered that effective upon the section 68.200(k). 1. Pending before the Commission is release date of this Order, no Total Annual Burden: 200 hours. a petition for rulemaking (RM–8553, applications will be accepted for filing Total Annualized Cost per Public Notice, Report No. 2044, released for the 38.6–40.0 GHz frequency band in respondent: There are no start-up or December 1, 1994) filed by the Point-to- the Common Carrier or Operational operational and maintenance costs Point Microwave Section of the Fixed Point-to-Point Microwave Radio associated with this collection. Telecommunications Industry Services. This freeze will continue until Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices 8063 the Commission makes an FEDERAL EMERGENCY of the Robert T. Stafford Disaster Relief announcement that such application MANAGEMENT AGENCY and Emergency Assistance Act (42 acceptance will resume. U.S.C. 5121 et seq.), in a letter to James [FEMA±1102±DR] L. Witt, Director of the Federal Federal Communications Commission. Emergency Management Agency, as Gerald P. Vaughan, Idaho; Amendment to Notice of a Major Disaster Declaration follows: Acting Chief, Wireless Telecommunications I have determined that the damage in Bureau. AGENCY: Federal Emergency certain areas of the State of Maryland, [FR Doc. 96–4721 Filed 2–29–96; 8:45 am] Management Agency (FEMA). resulting from flooding on January 19–31, BILLING CODE 6712±01±P ACTION: Notice. 1996, is of sufficient severity and magnitude to warrant the expansion of the incident type SUMMARY: This notice amends the notice to include damage resulting from severe of a major disaster for the State of Idaho, storms and flooding in the major disaster FEDERAL DEPOSIT INSURANCE (FEMA–1102–DR), dated February 11, declaration of January 23, 1996, under the 1996, and related determinations. Robert T. Stafford Disaster Relief and CORPORATION Emergency Assistance Act (‘‘the Stafford EFFECTIVE DATE: February 20, 1996 Act’’). Agency Sunshine Act Meeting FOR FURTHER INFORMATION CONTACT: All other conditions specified in the Pauline C. Campbell, Response and original declaration remain the same. Pursuant to the provisions of the Recovery Directorate, Federal Please notify the Governor of the State of ‘‘Government in the Sunshine Act’’ (5 Emergency Management Agency, Maryland and the Federal Coordinating U.S.C. 552b), notice is hereby given that Washington, DC 20472, (202) 646–3606. Officer of this amendment to my major disaster declaration. at 11:10 a.m. on Tuesday, February 27, SUPPLEMENTARY INFORMATION: The notice 1996, the Board of Directors of the of a major disaster for the State of Idaho, (Catalog of Federal Domestic Assistance No. 83.516, Disaster Assistance) Federal Deposit Insurance Corporation is hereby amended to include the met in closed session to consider following areas among those areas G. Clay Hollister, matters relating to the Corporation’s determined to have been adversely Deputy Associate Director, Response and supervisory activities. affected by the catastrophe declared a Recovery Directorate. [FR Doc. 96–4817 Filed 2–29–96; 8:45 am] In calling the meeting, the Board major disaster by the President in his BILLING CODE 6718±02±P determined, on motion of Vice declaration of February 11, 1996: Chairman Andrew C. Hove, Jr., Benewah, Bonner, Boundary, Clearwater, seconded by Director Joseph H. Neely Idaho, Kootenai, Latah, Lewis, Nez Perce [FEMA±1097±DR] and Shoshone Counties and the Nez Perce (Appointive), concurred in by Director Indian Reservation for Public Assistance Ohio; Amendment to Notice of a Major Jonathan L. Fiechter (Acting Director, and Hazard Mitigation (already designated Disaster Declaration Office of Thrift Supervision), Mr. for Individual Assistance) Stephen R. Steinbrink, acting in the (Catalog of Federal Domestic Assistance No. AGENCY: Federal Emergency place and stead of Director Eugene A. 83.516, Disaster Assistance) Management Agency (FEMA). Ludwig (Comptroller of the Currency), William C. Tidball, ACTION: Notice. and Chairman Ricki Helfer, that Associate Director, Response and Recovery Corporation business required its Directorate. SUMMARY: This notice amends the notice of a major disaster for the State of Ohio consideration of the matters on less than [FR Doc. 96–4820 Filed 2–29–96; 8:45 am] (FEMA–1097–DR), dated January 27, seven days’ notice to the public; that no BILLING CODE 6718±02±P 1996, and related determinations. earlier notice of the meeting was EFFECTIVE DATE: February 15, 1996. practicable; that the public interest did [FEMA±1094±DR] not require consideration of the matters FOR FURTHER INFORMATION CONTACT: Pauline C. Campbell, Response and in a meeting open to public observation; Maryland; Amendment to Notice of a Recovery Directorate, Federal and that the matters could be Major Disaster Declaration Emergency Management Agency, considered in a closed meeting by Washington, DC 20472, (202) 646–3606. authority of subsections (c)(4), (c)(6), AGENCY: Federal Emergency SUPPLEMENTARY INFORMATION: (c)(8), and (c)(9)(A)(ii) of the Management Agency (FEMA). Notice is hereby given that the incident period for ‘‘Government in the Sunshine Act’’ (5 ACTION: Notice. this disaster is closed effective January U.S.C. 552b (c)(4), (c)(6), (c)(8), and SUMMARY: This notice amends the notice 31, 1996. (c)(9)(A)(ii)). of a major disaster for the State of (Catalog of Federal Domestic Assistance No. The meeting was held in the Board Maryland (FEMA–1094–DR), dated 83.516, Disaster Assistance) January 23, 1996, and related Room of the FDIC Building located at G. Clay Hollister, 550–17th Street, N.W., Washington, D.C. determinations. Deputy Associate Director, Response and Dated: February 27, 1996. EFFECTIVE DATE: February 12, 1996. Recovery Directorate. Federal Deposit Insurance Corporation. FOR FURTHER INFORMATION CONTACT: [FR Doc. 96–4816 Filed 2–29–96; 8:45 am] Pauline C. Campbell, Response and BILLING CODE 6718±02±P Robert E. Feldman, Recovery Directorate, Federal Deputy Executive Secretary. Emergency Management Agency, [FR Doc. 96–4950 Filed 2–28–96; 2:40 pm] Washington, DC 20472, (202) 646–3606. [FEMA±1099±DR] BILLING CODE 6714±01±M SUPPLEMENTARY INFORMATION: Notice is Oregon; Amendment to Notice of a hereby given that, in a letter dated Major Disaster Declaration February 12, 1996, the President amended the major disaster declaration AGENCY: Federal Emergency of January 23, 1996, under the authority Management Agency (FEMA). 8064 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices

ACTION: Notice. (Catalog of Federal Domestic Assistance No. [FEMA±1098±DR] 83.516, Disaster Assistance) SUMMARY: This notice amends the notice G. Clay Hollister, Virginia; Amendment to Notice of a of a major disaster for the State of Deputy Associate Director, Response and Major Disaster Declaration Oregon, (FEMA–1099–DR), dated Recovery Directorate. AGENCY: Federal Emergency February 9, 1996, and related [FR Doc. 96–4822 Filed 2–29–96; 8:45 am] determinations. Management Agency (FEMA). BILLING CODE 6718±02±P ACTION: Notice. EFFECTIVE DATE: February 18, 1996. FOR FURTHER INFORMATION CONTACT: SUMMARY: This notice amends the notice Pauline C. Campbell, Response and [FEMA±1093±DR] of a major disaster for the Recovery Directorate, Federal Commonwealth of Virginia, (FEMA– Emergency Management Agency, Pennsylvania; Amendment to Notice of 1098–DR), dated January 27, 1996, and Washington, DC 20472, (202) 646–3606. a Major Disaster Declaration related determinations. SUPPLEMENTARY INFORMATION: The notice EFFECTIVE DATE: February 20, 1996 AGENCY: Federal Emergency of a major disaster for the State of FOR FURTHER INFORMATION CONTACT: Management Agency (FEMA). Oregon dated February 9, 1996, is Pauline C. Campbell, Response and hereby amended to include the ACTION: Notice. Recovery Directorate, Federal following areas among those areas Emergency Management Agency, determined to have been adversely SUMMARY: This notice amends the notice Washington, DC 20472, (202) 646–3606. affected by the catastrophe declared a of a major disaster for the SUPPLEMENTARY INFORMATION: The notice major disaster by the President in his Commonwealth of Pennsylvania, of a major disaster for the declaration of February 9, 1996: (FEMA–1093–DR), dated January 21, Commonwealth of Virginia, is hereby Gilliam County for Public Assistance and 1996, and related determinations. amended to include the following areas Hazard Mitigation Assistance. among those areas determined to have EFFECTIVE DATE: February 12, 1996. Benton, Hood River, Jefferson, Morrow, been adversely affected by the Union, Wallowa, and Washington Counties FOR FURTHER INFORMATION CONTACT: for Public Assistance and Hazard catastrophe declared a major disaster by Mitigation Assistance. (Already designated Pauline C. Campbell, Response and the President in his declaration of for Individual Assistance) Recovery Directorate, Federal January 27, 1996: (Catalog of Federal Domestic Assistance No. Emergency Management Agency, Clarke County for Public Assistance and 83.516, Disaster Assistance) Washington, DC 20472, (202) 646–3606. Hazard Mitigation Assistance. G. Clay Hollister, SUPPLEMENTARY INFORMATION: Notice is (Catalog of Federal Domestic Assistance No. Deputy Associate Director, Response and hereby given that, in a letter dated 83.516, Disaster Assistance) Recovery Directorate. February 12, 1996, the President William C. Tidball, [FR Doc. 96–4821 Filed 2–29–96; 8:45 am] amended the major disaster declaration Associate Director, Response and Recovery BILLING CODE 6718±02±P of January 21, 1996, under the authority Directorate. of the Robert T. Stafford Disaster Relief [FR Doc. 96–4823 Filed 2–29–96; 8:45 am] and Emergency Assistance Act (42 BILLING CODE 6718±02±P [FEMA±1099±DR] U.S.C. 5121 et seq.), in a letter to James L. Witt, Director of the Federal Oregon; Amendment to Notice of a Emergency Management Agency, as [FEMA±1100±DR] Major Disaster Declaration follows: Washington; Amendment to Notice of AGENCY: Federal Emergency I have determined that the damage in a Major Disaster Declaration Management Agency (FEMA). certain areas of the Commonwealth of ACTION: Notice. Pennsylvania, resulting from flooding on AGENCY: Federal Emergency January 19 through February 1, 1996, is of Management Agency (FEMA). SUMMARY: This notice amends the notice sufficient severity and magnitude to warrant ACTION: Notice. of a major disaster for the State of the expansion of the incident type to include damage resulting from severe storms and Oregon, (FEMA–1099–DR), dated SUMMARY: This notice amends the notice February 9, 1996, and related flooding in the major disaster declaration of January 21, 1996, under the Robert T. of a major disaster for the State of determinations. Stafford Disaster Relief and Emergency Washington, (FEMA–1100–DR), dated EFFECTIVE DATE: February 15, 1996. Assistance Act (‘‘the Stafford Act’’). February 9, 1996, and related FOR FURTHER INFORMATION CONTACT: determinations. All other conditions specified in the Pauline C. Campbell, Response and EFFECTIVE DATE: February 16, 1996. original declaration remain the same. Recovery Directorate, Federal FOR FURTHER INFORMATION CONTACT: Emergency Management Agency, Please notify the Governor of the Pauline C. Campbell, Response and Washington, DC 20472, (202) 646–3606. Commonwealth of Pennsylvania and the Recovery Directorate, Federal SUPPLEMENTARY INFORMATION: The notice Federal Coordinating Officer of this Emergency Management Agency, of a major disaster for the State of amendment to my major disaster Washington, DC 20472, (202) 646–3606. declaration. Oregon is hereby amended to include SUPPLEMENTARY INFORMATION: The notice the following areas among those areas (Catalog of Federal Domestic Assistance No. of a major disaster for the State of determined to have been adversely 83.516, Disaster Assistance) Washington, is hereby amended to affected by the catastrophe declared a G. Clay Hollister, include the following area among those major disaster by the President in his Deputy Associate Director, Response and areas determined to have been adversely declaration of February 9, 1996: Recovery Directorate. affected by the catastrophe declared a Douglas, Jefferson, Josephine, and Wallowa [FR Doc. 96–4818 Filed 2–29–96; 8:45 am] major disaster by the President in his Counties for Individual Assistance BILLING CODE 6718±02±P declaration of February 9, 1996: Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices 8065

Garfield County for Individual Assistance, Unless otherwise noted, comments Board of Governors, Sunshine Act Public Assistance, and Hazard Mitigation. regarding each of these applications Meeting (Catalog of Federal Domestic Assistance No. must be received at the Reserve Bank 83.516, Disaster Assistance.) indicated or the offices of the Board of AGENCY HOLDING THE MEETING: Board of G. Clay Hollister, Governors not later than March 25, Governors of the Federal Reserve Deputy Associate Director, Response and 1996. System. TIME AND DATE: 10:00 a.m., Wednesday, Recovery Directorate. A. Federal Reserve Bank of St. Louis March 6, 1996. [FR Doc. 96–4819 Filed 2–29–96; 8:45 am] (Randall C. Sumner, Vice President) 411 BILLING CODE 6718±02±P Locust Street, St. Louis, Missouri 63166: PLACE: Marriner S. Eccles Federal Reserve Board Building, C Street 1. Crawford Financial Corporation, entrance between 20th and 21st Streets, Indianapolis, Indiana; to become a bank N.W., Washington, D.C. 20551. FEDERAL RESERVE SYSTEM holding company by acquiring 71.38 STATUS: percent of the voting shares of Marengo Closed. Formations of, Acquisitions by, and MATTERS TO BE CONSIDERED: Mergers of Bank Holding Companies State Bank, Marengo, Indiana. B. Federal Reserve Bank of Kansas 1. Personnel actions (appointments, The companies listed in this notice promotions, assignments, reassignments, City (John E. Yorke, Senior Vice and salary actions) involving individual have applied to the Board for approval, President) 925 Grand Avenue, Kansas pursuant to the Bank Holding Company Federal Reserve System employees. City, Missouri 64198: 2. Any items carried forward from a Act of 1956 (12 U.S.C. § 1841 et seq.) 1. The Stuart Family Partnership, previously announced meeting. (BHC Act), Regulation Y (12 CFR Part Lincoln, Nebraska; The Catherine Stuart CONTACT PERSON FOR MORE INFORMATION: 225), and all other applicable statutes Schmoker Family Partnership, Lincoln, Mr. Joseph R. Coyne, Assistant to the and regulations to become a bank Nebraska; The James Stuart, Jr. Family Board; (202) 452–3204. You may call holding company and/or to acquire the Partnership, Lincoln, Nebraska; The (202) 452–3207, beginning at assets or the ownership of, control of, or Scott Stuart Family Partnership, approximately 5 p.m. two business days the power to vote shares of a bank or Lincoln, Nebraska; First Commerce before this meeting, for a recorded bank holding company and all of the Bancshares, Inc., Lincoln, Nebraska, and announcement of bank and bank banks and nonbanking companies National Bank of Commerce Trust and holding company applications owned by the bank holding company, Savings Association, Lincoln, Nebraska, scheduled for the meeting. including the companies listed below. The applications listed below, as well as trustees, to control 5.2 percent of the Dated: February 28, 1996. as other related filings required by the voting shares of First State Bank, Jennifer J. Johnson, Board, are available for immediate Randolph, Nebraska and 14.1 percent of Deputy Secretary of the Board. inspection at the Federal Reserve Bank the voting shares of Bank of Bertrand, [FR Doc. 96–4910 Filed 2–28–96; 10:09 am] Bertrand, Nebraska. indicated. Once the application has BILLING CODE 6210±01±P been accepted for processing, it will also C. Federal Reserve Bank of Dallas be available for inspection at the offices (Genie D. Short, Vice President) 2200 of the Board of Governors. Interested North Pearl Street, Dallas, Texas 75201- DEPARTMENT OF HEALTH AND persons may express their views in 2272: HUMAN SERVICES writing on the standards enumerated in 1. Outsource Capital Group, Inc., the BHC Act (12 U.S.C. § 1842(c)). If the Lubbock, Texas; to become a bank Office of the Secretary proposal also involves the acquisition of holding company by acquiring 100 Agency Information Collection a nonbanking company, the review also percent of the voting shares of Activities: Proposed Collections; includes whether the acquisition of the Outsource Delaware Capital Group, Inc., Comment Requestq01 nonbanking company complies with the Dover, Delaware, and thereby indirectly standards in section 4 of the BHC Act, acquire First Bank & Trust Co. White The Department of Health and Human including whether the acquisition of the Deer, Texas Services, Office of the Secretary will nonbanking company can ‘‘reasonably In addition with this application, periodically publish summaries of be expected to produce benefits to the Outsource Delaware Capital Group, Inc., proposed information collections public, such as greater convenience, Dover, Delaware, also has applied to projects and solicit public comments in increased competition, or gains in become a bank holding company by compliance with the requirements of efficiency, that outweigh possible acquiring at least 88.4 percent of the Section 3506(c)(2)(A) of the Paperwork adverse effects, such as undue voting shares of First Bank & Trust Co., Reduction Act of 1995. To request more concentration of resources, decreased or White Deer, Texas. information on the project or to obtain unfair competition, conflicts of In connection with this application, a copy of the information collection interests, or unsound banking practices’’ Outsource Capital Group, Inc., Lubbock, plans and instruments, call the OS (12 U.S.C. § 1843). Any request for Texas, has also applied to engage in Reports Clearance Officer on (202) 619– a hearing must be accompanied by a through its subsidiary, Outsource 1053. statement of the reasons a written Capital Group, Inc., d/b/a Outsource Comments are invited on: (a) Whether presentation would not suffice in lieu of Lease, Lubbock, Texas, in leasing the proposed collection of information a hearing, identifying specifically any activities, pursuant to § 225.25(b)(5) of is necessary for the proper performance questions of fact that are in dispute, the Board’s Regulation Y. of the functions of the agency, including summarizing the evidence that would whether the information shall have be presented at a hearing, and indicating Board of Governors of the Federal Reserve practical utility; (b) the accuracy of the how the party commenting would be System, February 26, 1996. agency’s estimate of the burden of the aggrieved by approval of the proposal. Jennifer J. Johnson, proposed collection of information; (c) Unless otherwise noted, nonbanking Deputy Secretary of the Board. ways to enhance the quality, utility and activities will be conducted throughout [FR Doc. 96–4770 Filed 2–29–96; 8:45 am] clarity of the information to be the United States. BILLING CODE 6210±01±F collected; and (d) ways to minimize the 8066 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices burden of the collection of information ACTION: Notice. FOR FURTHER INFORMATION CONTACT: on respondents, including through the Hortense S. Macon, Center for Food use of automated collection techniques SUMMARY: The Food and Drug Safety and Applied Nutrition (HFS– or other forms of information Administration (FDA) is announcing the 216), Food and Drug Administration, technology. withdrawal, without prejudice to a 200 C St. SW., Washington, DC 20204, 1. Alternative Models of Personal future filing, of a food additive petition 202–418–3086. Assistance Services—NEW—The Office (FAP 8B4080), filed by Ciba-Geigy Corp. SUPPLEMENTARY INFORMATION: In a notice of the Assistant Secretary for Planning proposing that the food additive published in the Federal Register of and Evaluation is planning a data regulations be amended to provide for ′ March 16, 1990 (55 FR 9975), FDA collection which will compare modes of the safe use of N,N -1,4-phenylenebis[4- announced that a food additive petition service delivery used to provide [(2,5-dichlorophenyl)azo]-3-hydroxy-2- (FAP 9B4162) had been filed by Ciba- personal care services to the frail elderly naphthalenecarboxamide] as a colorant Geigy Corp., Seven Skyline Dr., and disabled persons of all ages. The for food-contact polymers. Hawthorne, NY 10532–2188 (currently, three main provider modes to be FOR FURTHER INFORMATION CONTACT: c/o 1001 G St. NW., suite 500 West, compared are consumer-directed Hortense S. Macon, Center for Food Washington, DC 20001. The petition independent providers, supported Safety and Applied Nutrition (HFS– proposed to amend the food additive independent providers, and contract or 216), Food and Drug Administration, regulations in § 178.3297 Colorants for agency providers. The comparison is 200 C St. SW., Washington, DC 20204, polymers (21 CFR 178.3297) to provide intended to further knowledge of the 202–418–3086. for the safe use of 3,3′-[(2-chloro-5- advantages and disadvantages of the SUPPLEMENTARY INFORMATION: In a notice methyl-1,4-phenylene)bis[imino(1- alternative provider modes. published in the Federal Register of acetyl-2-oxo-2,1-ethanediyl)azo]]bis[4- Respondents: Individuals or May 26, 1988 (53 FR 19045), FDA chloro-N-(3-chloro 2- households; state or local governments, announced that a food additive petition methylphenyl)benzamide] as a colorant business or other for-profit, not-for- (FAP 8B4080) had been filed on behalf for food-contact polymers. Ciba-Geigy profit institutions. Burden Information of Ciba-Geigy Corp., Three Skyline Dr., Corp. has now withdrawn the petition for Client Questionnaire—Responses: Hawthorne, NY 10532 (currently c/o without prejudice to a future filing (21 1230; Burden per Response: 45 minutes; Keller and Heckman, 1001 G St. NW., CFR 171.7). Total Burden: 923 hours—Burden for suite 500 West, Washington, DC 20001). Dated: February 9, 1996. Provider Questionnaire—Response: 530; The petition proposed to amend the Alan M. Rulis, Burden per Response: 40 minutes; Total food additive regulations in § 178.3297 Director, Office of Premarket Approval, Burden: 353 hours—Burden Information Colorants for polymers (21 CFR Center for Food Safety and Applied Nutrition. for Case Manager Questionnaire— 178.3297) to provide for the safe use of [FR Doc. 96–4713 Filed 2–29–96; 8:45 am] Responses: 100; Burden per Response: N,N′-1,4-phenylenebis[4-(2,5- BILLING CODE 4160±01±F 60 minutes; Total Burden: 100 hours— dichlorophenyl)azo]-3-hydroxy-2- Burden Information for Client naphthalenecarboxamide] as a colorant Qualitative Interview—Responses: 100; for food-contact polymers. Ciba-Geigy [Docket No. 88F±0208] Burden per Response: 60 minutes; Total Corp. has now withdrawn the petition Burden: 100 hours—Burden Information without prejudice to a future filing (21 Ciba-Geigy Corp.; Withdrawal of Food for Provider Qualitative Interview— CFR 171.7). Additive Petition Responses: 150; Burden per Response: Dated: February 12, 1996. AGENCY: Food and Drug Administration, 55 minutes; Total Burden: 137 hours— Laura M. Tarantino, HHS. Burden Information for Family ACTION: Notice. Qualitative Interview—Responses: 150; Acting Director, Office of Premarket Approval, Center for Food Safety and Applied Burden per Response: 45 minutes; Total Nutrition. SUMMARY: The Food and Drug Burden: 113 hours—Total Burden for Administration (FDA) is announcing the [FR Doc. 96–4712 Filed 2–29–96; 8:45 am] Project: 1,726 hours. withdrawal, without prejudice to future Send comments to Cynthia Agens BILLING CODE 4160±01±F filing, of a food additive petition (FAP Bauer, OS Reports Clearance Officer, 8B4079), filed by Ciba-Geigy Corp., Room 503H, Humphrey Building, 200 [Docket No. 90F±0071] proposing that the food additive Independence Avenue S.W., regulations be amended to provide for Washington, DC, 20201. Written Ciba-Geigy Corp.; Withdrawal of Food the safe use of N,N’-(2-chloro-1,4- comments should be received within 60 Additive Petition phenylene)bis[4-[(2,5- days of this notice. AGENCY: Food and Drug Administration, dichlorophenyl)azo]-3-hydroxy-2- Dated: February 26, 1996. HHS. naphthalenecarboxamide] as a colorant for food-contact polymers. Dennis P. Williams, ACTION: Notice. Deputy Assistant Secretary, Budget. FOR FURTHER INFORMATION CONTACT: [FR Doc. 96–4796 Filed 2–29–96; 8:45 am] SUMMARY: The Food and Drug Hortense S. Macon, Center for Food Safety and Applied Nutrition (HFS– BILLING CODE 4150±04±M Administration (FDA) is announcing the withdrawal, without prejudice to future 216), Food and Drug Administration, filing, of a food additive petition (FAP 200 C St. SW., Washington, DC 20204, Food and Drug Administration 9B4162), filed by Ciba-Geigy Corp. 202–418–3086. proposing that the food additive SUPPLEMENTARY INFORMATION: In a notice [Docket No. 88F±0167] regulations be amended to provide for published in the Federal Register of ′ Ciba-Geigy Corp.; Withdrawal of Food the safe use of 3,3 -[(2-chloro-5-methyl- July 20, 1988 (53 FR 27399), FDA Additive Petition 1,4-phenylene)bis[imino(1-acetyl-2-oxo- announced that a food additive petition 2,1-ethanediyl)azo]]bis[4-chloro-N-(3- (FAP 8B4079) had been filed by Ciba- AGENCY: Food and Drug Administration, chloro-2-methylphenyl)benzamide] as a Geigy Corp., Three Skyline Dr., HHS. colorant for food-contact polymers. Hawthorne, NY 10532 (currently, c/o Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices 8067

1001 G St. NW., suite 500 West, biologics in human subjects. If FDA ‘‘anonymously.’’ The committee Washington, DC 20001. The petition determines that a proposed or ongoing consists of senior managers of CBER, a proposed to amend the food additive study may pose significant risks for senior official from the Center for Drug regulations in § 178.3297 Colorants for human subjects or is otherwise seriously Evaluation and Research, and the FDA polymers (21 CFR 178.3297) to provide deficient, as discussed in the Chief Mediator and Ombudsman. for the safe use of N,N’-(2-chloro-1,4- investigational new drug regulations, it Clinical holds to be reviewed will be phenylene)bis[4-[(2,5- may order a clinical hold on the study. chosen randomly. In addition, the dichlorophenyl)azo]-3-hydroxy-2- The clinical hold is one of FDA’s naphthalenecarboxamide] as a colorant primary mechanisms for protecting committee will review some of the for food-contact polymers. Ciba-Geigy subjects who are involved in clinical holds proposed for review by Corp. has now withdrawn the petition investigational new drug or biologic biological product sponsors. In general, without prejudice to a future filing (21 trials. Section 312.42 describes the a biological product sponsor should CFR 171.7). grounds for ordering a clinical hold. consider requesting review when it A clinical hold is an order that FDA disagrees with FDA’s scientific or Dated: February 9, 1996. issues to a sponsor to delay a proposed procedural basis for the decision. Alan M. Rulis, investigation or to suspend an ongoing Requests for committee review of a Director, Office of Premarket Approval, investigation. The clinical hold may be Center for Food Safety and Applied Nutrition. clinical hold should be submitted to the ordered on one or more of the FDA Chief Mediator and Ombudsman, [FR Doc. 96–4715 Filed 2–29–96; 8:45 am] investigations covered by an who is responsible for selecting clinical BILLING CODE 4160±01±F investigational new drug application (IND). When a proposed study is placed holds for review. The committee and on clinical hold, subjects may not be CBER staff, with the exception of the Investigational Biological Product given the investigational drug or FDA Chief Mediator and Ombudsman, Trials; Procedure to Monitor Clinical biologic as part of that study. When an are never advised, either in the review Hold Process; Meeting of Review ongoing study is placed on clinical process or thereafter, which of the Committee and Request for hold, no new subjects may be recruited clinical holds were randomly chosen Submissions to the study and placed on the and which were submitted by sponsors. AGENCY: Food and Drug Administration, investigational drug or biologic and The committee will evaluate the HHS. patients already in the study should selected clinical holds for scientific stop receiving therapy involving the content and consistency with FDA ACTION: Notice. investigational drug or biologic unless regulations and CBER policy. SUMMARY: The Food and Drug FDA specifically permits it. The meetings of the review committee When FDA concludes that there is a Administration (FDA) is announcing a are closed to the public because deficiency in a proposed or ongoing meeting of its clinical hold review committee discussions deal with committee, which reviews the clinical clinical trial that may be grounds for ordering a clinical hold, ordinarily FDA confidential commercial information. hold orders that the Center for Biologics Summaries of the committee Evaluation and Research (CBER) has will attempt to resolve the matter deliberations, excluding confidential placed on certain investigational through informal discussions with the commercial information, may be biological product trials. FDA is inviting sponsor. If that attempt is unsuccessful, any interested biological product a clinical hold may be ordered by or on requested in writing from the Freedom company to use this confidential behalf of the director of the division that of Information Office (HFI–35), Food mechanism to submit to the committee is responsible for the review of the IND. and Drug Administration, 5600 Fishers for its review the name and number of FDA regulations in § 312.48 provide Lane, rm. 12A–16, Rockville, MD 20857, any investigational biological product dispute resolution mechanisms through approximately 15 working days after the trial placed on clinical hold during the which sponsors may request meeting, at a cost of 10 cents per page. past 12 months that the company wants reconsideration of clinical hold orders. If the status of a clinical hold changes the committee to review. The regulations encourage the sponsor following the committee’s review, the to attempt to resolve disputes directly DATES: The meeting will be held in May appropriate division will notify the with the review staff responsible for the 1996. Biological product companies sponsor. review of the IND. If necessary, the may submit review requests for the May sponsor may request a meeting with the FDA invites biological product meeting by April 1, 1996. review staff and management to discuss companies to submit to the FDA Chief ADDRESSES: Submit clinical hold review the clinical hold. Mediator and Ombudsman the name requests to Amanda B. Pedersen, FDA CBER began a process to evaluate the and IND number of any investigational Chief Mediator and Ombudsman, Office consistency and fairness of practices in biological product trial that was placed of the Commissioner (HF–7), Food and ordering clinical holds by instituting a on clinical hold during the past 12 Drug Administration, 5600 Fishers review committee to review clinical months that they want the committee to Lane, rm. 14–105, Rockville, MD 20857, holds (see 61 FR 1033, January 11, review at its May 1996 meeting. 301–827–3390. 1996). CBER held its first clinical hold Submissions should be made by April 1, FOR FURTHER INFORMATION CONTACT: Joy review committee meeting on May 17, 1996, to Amanda B. Pedersen, FDA A. Cavagnaro, Center for Biologics 1995, and plans to conduct further Chief Mediator and Ombudsman Evaluation and Research (HFM–2), Food quality assurance oversight of the IND (address above). and Drug Administration, 1401 process. The committee last met in Dated: February 26, 1996. Rockville Pike, Rockville, MD 20852– February 1996. The review procedure of 1448, 301–827–0379. the committee is designed to afford an William K. Hubbard, SUPPLEMENTARY INFORMATION: FDA opportunity for a sponsor who does not Associate Commissioner for Policy regulations in part 312 (21 CFR part wish to seek formal reconsideration of a Coordination. 312) provide procedures that govern the pending clinical hold to have that [FR Doc. 96–4785 Filed 2–29–96; 8:45 am] use of investigational new drugs and clinical hold considered BILLING CODE 4160±01±F 8068 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices

Health Resources and Services The OMB Catalog of Federal Domestic reasonable accommodations should contact Administration Assistance number for this program is Dr. Paulette Gray in advance of the meeting. 93.918. Dated: February 23, 1996. The Ryan White Comprehensive AIDS Dated: February 26, 1996. Susan K. Feldman, Resources Emergency Act of 1990 Ciro V. Sumaya, Committee Management Officer, NIH. Availability of Funds for Early Administrator. [FR Doc. 96–4746 Filed 2–29–96; 8:45 am] Intervention Services [FR Doc. 96–4720 Filed 2–29–96; 8:45 am] BILLING CODE 4140±01±M BILLING CODE 4160±15±P AGENCY: Health Resources and Services Administration, HHS. National Heart, Lung, and Blood ACTION: Notice of Pre-Application National Institutes of Health Institute; Notice of a Closed Meeting Technical Assistance Workshops. National Cancer Institute Notice of Pursuant to Section 10(d) of the SUMMARY: The Health Resources and Meetings Federal Advisory Committee Act, as Services Administration will hold two Pursuant to Section 10(d) of the amended (5 U.S.C. Appendix 2), notice pre-application technical assistance is hereby given of the following Heart, workshops for competing applicants Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice Lung, and Blood Special Emphasis under Title III(b), HIV Early Intervention Panel (SEP) meeting: Services, of the Ryan White is hereby given of the following Comprehensive AIDS Resources meetings of the National Cancer Name of SEP: Review on the Early Natural Emergency Act of 1990, Public Law Institute Board of Scientific Advisors History of Arteriosclerosis. Date: March 28, 1996. 101–381. and the Board of Scientific Counselors, National Cancer Institutes on March 21, Time: 11 a.m. Eligible applicants are public entities Place: DoubleTree Hotel, 300 Army Navy and nonprofit private entities that are: 1996 at the National Institutes of Health, Drive, Arlington, Virginia. Migrant health centers under Section 9000 Rockville Pike Building 31, C Contact Person: C. James Scheirer, Ph.D., 329 of the PHS Act; community health Wing, 6th Floor, Conference Rooms 10, Two Rockledge Center, Room 7220, 6701 centers under Section 330 of the PHS 9 and 8, Bethesda, MD 20892. Rockledge Drive, Bethesda, MD 20892–7924, Act; health care for the homeless A joint session of the two committees (301) 435–0266. grantees under Section 340 of the PHS will be open to the public in Conference Purpose/Agenda: To review and evaluate Act; family planning grantees under Room 10 from 8:30 am to 12:30 pm for grant applications. orientation of members. The meeting will be closed in accordance Section 1001 of the PHS Act other than with the provisions set forth in sections States; comprehensive hemophilia These meetings will be closed to the public as indicated below in accordance 552b(c)(4) and 552b(c)(6), Title 5, U.S.C. diagnostic and treatment centers; Applications and/or proposals and the federally-qualified health centers under with the provisions set forth in sections discussions could reveal confidential trade section 1905(1)(2)(B) of the Social 552b(c)(4) and 552b(c)(6), Title 5, U.S.C. secrets or commercial property such as Security Act; or public and private for discussion of confidential issues patentable material and personal information nonprofit entities that currently provide relating to the review and evaluation of concerning individuals associated with the comprehensive primary care services to individual programs and projects. These applications and/or proposals, the disclosure populations at risk of HIV disease. discussions will reveal confidential of which would constitute a clearly trade secrets or commercial property unwarranted invasion of personal privacy. PURPOSE: The purpose of the technical such as patentable material, and (Catalog of Federal Domestic Assistance assistance workshops is to provide personal information including Programs Nos. 93.837, Heart and Vascular information about the Ryan White CARE consideration of personnel Diseases Research; 93.838, Lung Diseases Act Early Intervention Services program qualifications and performance, the Research; and 93.839, Blood Diseases and and application procedures. Eligible Resources Research, National Institutes of competence of individual investigators Health.) entities will have an opportunity to and similar matters, the disclosure of Dated: February 26, 1996. review the program guidance and to which would constitute a clearly receive technical assistance pertaining unwarranted invasion of personal Susan K. Feldman, to all aspects of writing a grant privacy. Committee Management Officer, NIH. applications. [FR Doc. 96–4742 Filed 2–29–96; 8:45 am] Committee Name: National Cancer FOR FURTHER INFORMATION CONTACT: Institute Board of Scientific Advisors. BILLING CODE 4140±01±M Anyone interested in attending the Closed: March 21, 1996, 12:30 to 5:00 pm. meetings should contact Ms. Andrea Agenda: To discuss confidential issues Kay, Professional and Scientific relating to the review and evaluation of National Institute of Allergy and Associates, Inc., 8180 Greensboro Drive, individual extramural programs and projects. Infectious Diseases; Notice of Closed Suite 1050, McLean, VA 22102. She Committee Name: Board of Scientific Meeting may be reached by telephone at 703– Counselors, National Cancer Institute. 442–9824 or by fax at 703–442–9826. Closed: March 21, 1996, 12:30 to 5:00 pm. Pursuant to Section 10(d) of the Room reservations should be made Agenda: To discuss administrative Federal Advisory Committee Act, as directly with the hotel. Costs of confidential site visit reports pertaining to amended (5 U.S.C. Appendix 2), notice laboratories in the Divisions of Basic and is hereby given of the following attending the workshop are the sole Clinical Sciences. responsibility of the attendee. National Institute of Allergy and Information pertaining to the meetings may Infectious Diseases Special Emphasis DATE, TIME, LOCATION: be obtained from Dr. Paulette Gray, Executive panel (SEP) meeting: Thursday, March 14, 1996, 9:00 a.m.– Secretary, National Cancer Institute Board of Name of SEP: Cooperative Clinical Trial in 5:00 p.m., Radisson Hotel Dallas, Scientific Advisors, National Cancer Institute, 6130 Executive Blvd., EPN, Rm 600, Adult Transplantation. Dallas, Texas, 214–634–8850 Bethesda, MD 20892, (301–496–4218). Date: March 21, 1996. Friday, March 22, 1996, 9:00 a.m.–5:00 Individuals who plan to attend the open Time: 10:30 a.m. p.m., Doubletree Hotel, Rockville, session and need special assistance such as Place: Solar Bldg., Room 4A07, 6003 Maryland, 301–468–1100 sign language interpretation or other Executive Boulevard, Bethesda, MD 20892. Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices 8069

Contact Person: Dr. Kevin Callahan, Contact Person: Dr. Gilbert Meier, Dated: February 23, 1996. Scientific Review Adm., 6003 Executive Scientific Review Administrator, 6701 Susan K. Feldman, Boulevard, Solar Bldg., Room 4C20, Rockledge Drive, Room 4200, Bethesda, Committee Management Officer, NIH. Bethesda, MD 20892–7610, (301) 496–8424. Maryland 20892, (301) 435–1219. [FR Doc. 96–4744 Filed 2–29–96; 8:45 am] Purpose/Agenda: To evaluate grant Name of SEP: Biological and Physiological BILLING CODE 4140±01±M applications. Sciences. The meeting will be closed in accordance Date: March 28, 1996. with the provisions set forth in sections Time: 8 a.m. 552b(c)(4) and 552b(c)(6), Title 5, U.S.C. Place: American Inn, Bethesda, MD. Division of Research Grants; Notice of Applications and/or proposals and the Contact Person: Dr. Nicholas Mazarella, Closed Meetings discussions could reveal confidential trade secrets or commercial property such as Scientific Review Administrator, 6701 Pursuant to Section 10(d) of the patentable material and personal information Rockledge Drive, Room 5128, Bethesda, Federal Advisory Committee Act, as Maryland 20892, (301) 435–1018. individuals associated with the applications amended (5 U.S.C. Appendix 2), notice and/or proposals, the disclosure of which Name of SEP: Behavioral and is hereby given of the following Division would constitute a clearly unwarranted Neurosciences. of Research Grants Special Emphasis Date: March 29, 1996. invasion of personal privacy. Panel (SEP) meetings: (Catalog of Federal Domestic Assistance Time: 9 a.m. Programs Nos. 93.855, Immunology, Allergic Place: Holiday Inn, Chevy Chase, MD. Purpose/Agenda: To review individual and Immunologic Diseases Research; 93.856, Contact Person: Dr. Jane Hu, Scientific grant applications. Microbiology and Infectious Diseases Review Administrator, 6701 Rockledge Drive, Name of SEP: Biological and Physiological Research, National Institute of Health.) Room 5158, Bethesda, Maryland 20892, (301) Sciences. 435–1245. Date: March 21–22, 1996. Dated: February 26, 1996. Name of SEP: Biological and Physiological Time: 7:00 p.m. Susan K. Feldman, Sciences. Place: Ramada Inn, Rockville, Maryland. Committee Management Officer, NIH. Date: April 15, 1996. Contact Person: Dr. Anthony D. Carter, [FR Doc. 96–4743 Filed 2–29–96; 8:45 am] Time: 10 a.m. Scientific Review Administrator, 6701 Rockledge Drive, Room 5108, Bethesda, BILLING CODE 4140±01±M Place: NIH, Rockledge 2, Room 5200, Telephone Conference. Maryland 20892, (301) 435–1167. Contact Person: Dr. Robert Weller, Name of SEP: Clinical Sciences. Division of Research Grants; Notice of Scientific Review Administrator, 6701 Date: March 27, 1996. Closed Meetings Rockledge Drive, Room 5200, Bethesda, Time: 8:30 a.m. Maryland 20892, (301) 435–1259. Place: Holiday Inn, Bethesda, Maryland. Pursuant to Section 10(d) of the The meetings will be closed in accordance Contact Person: Dr. Gertrude McFarland, Federal Advisory Committee Act, as with the provisions set forth in sections Scientific Review Administrator, 6701 amended (5 U.S.C. Appendix 2), notice 552b(c)(4) and 552b(c)(6), Title 5, U.S.C. Rockledge Drive, Room 4110, Bethesda, Maryland 20892, (301) 435–1784. is hereby given of the following Division Applications and/or proposals and the of Research Grants Special Emphasis discussions could reveal confidential trade Name of SEP: Chemistry and Related Sciences. Panel (SEP) meetings: secrets or commercial property such as patentable material and personal information Date: March 28, 1996. Purpose/Agenda: To review individual concerning individuals associated with the Time: 11:00 a.m. grant applications. applications and/or proposals, the disclosure Place: NIH, Rockledge 2, Room 4176, Name of SEP: Behavioral and of which would constitute a clearly Telephone Conference. Neurosciences. unwarranted invasion of personal privacy. Contact Person: Dr. Mike Radtke, Scientific Date: March 14, 1996. (Catalog of Federal Domestic Assistance Review Administrator, 6701 Rockledge Drive, Time: 10 a.m. Program Nos. 93.306, 93.333, 93.337, 93.393– Room 4176, Bethesda, Maryland 20892, (301) Place: Holiday Inn, Bethesda, MD. 93.396, 93.837–93.844, 93.846–93.878, 435–1728. Contact Person: Dr. Herman Teitelbaum, 93.892, 93,893, National Institutes of Health, Name of SEP: Biological and Physiological Scientific Review Administrator, 6701 HHS) Sciences. Rockledge Drive, Room 5190, Bethesda, Dated: February 23, 1996. Date: April 1, 1996. Maryland 20892, (301) 435–1254. Time: 2:00 p.m. Name of SEP: Clinical Sciences. Susan K. Feldman, Place: NIH, Rockledge 2, Room 5124, Date: March 20, 1996. Committee Management Officer, NIH. Telephone Conference. Time: 10 a.m. [FR Doc. 96–4726 Filed 2–29–96; 8:45 am] Contact Person: Dr. Everett Sinnett, Place: NIH, Rockledge 2, Room 4218, BILLING CODE 4140±01±M Scientific Review Administrator, 6701 Telephone Conference. Rockledge Drive, Room 5124, Bethesda, Contact Person: Dr. Shirley Hilden, Maryland 20892, (301) 435–1016. Scientific Review Administrator, 6701 Division of Research Grants; Amended Name of SEP: Biological and Physiological Rockledge Drive, Room 4218, Bethesda, Notice of Meeting Sciences. Maryland 20892, (301) 435–1198. Date: April 4, 1996. Name of SEP: Behavioral and Time: 2:00 p.m. Neurosciences. Notice is hereby given of a change in Place: NIH, Rockledge 2, Room 5124, Date: March 25, 1996. the meeting April 9–10, 1996, 8:30 a.m., Telephone Conference. Time: 8:30 a.m. ANA Hotel, Washington, DC, of the Oral Contact Person: Dr. Everett Sinnett, Place: Holiday Inn, Bethesda, MD. Biology and Medicine Study Section (1), Scientific Review Administrator, 6701 Contact Person: Dr. Lillian Pubols, which was published in the Federal Rockledge Drive, Room 5124, Bethesda, Scientific Review Administrator, 6701 Register on February 9, 1996 (61 28 FR Maryland 20892, (301) 435–1016. Rockledge Drive, Room 5184, Bethesda, 5006). Name of SEP: Chemistry and Related Maryland 20892, (301) 435–1255. This meeting has been changed to Sciences. Name of SEP: Biological and Physiological Date: April 10, 1996. Sciences. March 27–28, 1996, Holiday Inn Old Time: 1:00 p.m. Date: March 26–27, 1996. Town, Alexandria, Virginia. As Place: NIH, Rockledge 2, Room 4154, Time: 8 a.m. previously announced the meeting will Telephone Conference. Place: The Courtyard by Marriott, begin at 8:30 a.m. and is closed to the Contact Person: Dr. Gopa Rakhit, Scientific Rockville, MD. public. Review Administrator, 6701 Rockledge Drive, 8070 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices

Room 4154, Bethesda, Maryland 20892, (301) contact the RCHCA at (909) 275–1100. proposed measures to minimize, 435–1721. Documents will be available for public monitor, and mitigate impacts of the The meetings will be closed in accordance inspection by appointment during proposed take of SKR. with the provisions set forth in sections normal business hours (8 a.m. to 5 p.m., The applicants propose to minimize 552b(c)(4) and 552b(c)(6), Title 5, U.S.C. and mitigate the impacts of take by Applications and/or proposals and the Monday through Thursday) at the discussions could reveal confidential trade RCHCA, 4080 Lemon Street, 12th Floor, ensuring that the seven proposed Core secrets or commercial property such as Riverside, California, 92501. Documents Reserves are established by completing patentable material and personal information will also be available for public the acquisitions and securing the concerning individuals associated with the inspection by appointment during remaining agreements necessary to applications and/or proposals, the disclosure normal business hours (8 am to 5 pm, conserve the remaining private lands in of which would constitute a clearly Monday through Friday) at the Service those reserves. The habitat within the unwarranted invasion of personal privacy. Office at the above referenced address reserves will be conserved by restricting (Catalog of Federal Domestic Assistance and telephone. A letter announcing any take within the Core Reserves. To Program Nos. 93.306, 93.333, 93.337, 93.393– availability of the Final Joint EIS/EIR help manage the reserves the non- 93.396, 93.837–93.844, 93.846–93.878, has been sent to all agencies and parties wasting endowments or equivalent 93.892, 93, 893, National Institutes of Health, annual funding sources will be HHS) who previously received notice of availability of the Draft EIS/EIR, and/or established in the amount of $6,000,600. Date: February 23, 1996. who requested a copy of the Draft EIS/ Through cooperative agreements with Susan K. Feldman, EIR or commented on the Draft EIS/EIR. BLM, the Core Reserves will be Committee Management Officer, NIH. expanded to 15,000 acres of occupied [FR Doc. 96–4745 Filed 2–29–96; 8:45 am] SUPPLEMENTARY INFORMATION: SKR habitat. BILLING CODE 4140±01±M Background The funding for the implementation of the plan will be provided through a The Service listed the SKR as an combination of local, Federal and State endangered species, on October 31, DEPARTMENT OF THE INTERIOR contributions. Federal and State 1988 (53 FR 38485), under the agencies will provide $2.5 million in Endangered Species Act of 1973, as Fish and Wildlife Service land acquisition funding and ‘‘in lieu’’ amended (Act). Under the Act, no land management services, and a Endangered and Threatened Species person may harass, harm, pursue, hunt, matching fund of $1.6 million towards Permit Application shoot, wound, kill, trap, capture or financing the plan. BLM will provide collect the species, or attempt to engage 10,700 acres of Federal land for AGENCY: Fish and Wildlife Service, in such conduct (16 USC 1538). The exchange, which will then be sold to Interior. Service, however, may issue permits to purchase an additional 2,500 acres of ACTION: Notice of Availability. conduct activities involving endangered occupied SKR habitat adjacent to the species under certain circumstances, current reserves. The State will provide Notice of Availability of the Final including carrying out scientific Joint Environmental Impact Statement partial management for the state lands at purposes, enhancing the propagation or San Jacinto/Perris Core Reserve and (EIS) and Environmental Impact Report survival of the species, or incidentally (EIR) on the proposed issuance of an through a cooperative effort with taking the species in connection with RCHCA try to reduce or eliminate the incidental take permit for the otherwise lawful activities. Regulations endangered Stephens’ Kangaroo Rat balance of management funds required governing permits are in 50 CFR 17.22, for this reserve. (SKR) in Western Riverside County, 17.23, and 17.32. California. The Record of Decision will The underlying purpose or goal of the The RCHCA presently has a short- proposed action is to develop a program be published no sooner than 30 days term 10(a)(1)(B) permit from the Service from this notice. designed to ensure the continued to incidentally take SKR’s in connection existence of the species, while resolving SUMMARY: This notice advises the public with various proposed public and potential conflicts that may arise from that the Final Joint EIS/EIR on the private projects in the western portion otherwise lawful private and public application to incidentally take SKR is of Riverside County. Under the program improvement projects. available for public review. The established through this interim permit, Riverside County Habitat Conservation SKR habitat in public and private Development of the Final EIS/EIR Agency (RCHCA) has applied to the U.S. ownership is being acquired and This draft Joint EIS/EIR has been Fish and Wildlife Service (Service) for managed for the long-term benefit of the developed cooperatively by the Service, a 30-year Incidental Take Permit species. Acquisition of private lands is Carlsbad Field Office (lead agency); and pursuant to section 10(a)(1)(B) of the funded in part from mitigation fees the RCHCA. Endangered Species Act. Publication of collected by the RCHCA as In the development of this Final Joint the Record of Decision and issuance of developments proceed. As intended EIS/EIR, the Service has initiated action the permit will occur no sooner than 30 when the interim permit was granted in to assure compliance with the purpose days from this notice. This notice is August 1990, the RCHCA is applying to and intent of the National provided pursuant to section 10 of the the Service for a 30-year incidental take Environmental Policy Act of 1969 Act and the National Environmental permit for the same purposes. The area (NEPA), as amended. Scoping activities Policy Act Regulations (40 CFR 1506.6). covered by the proposed 30-year permit were undertaken preparatory to FOR FURTHER INFORMATION CONTACT: Pete will include much of the historical developing the Draft EIS/EIR with a Sorensen, Endangered Species Division, range of the SKR in Riverside County variety of Federal, State, and local Chief, U.S. Fish and Wildlife Service, and will allow development to proceed entities. A Notice of Intent to prepare Carlsbad Field Office, 2730 Loker Ave. on 15,000 acres of occupied SKR the EIS/EIR was published in the West, Carlsbad, California 92008, (619) habitat. The permit application was Federal Register on March 2, 1993. 431–9440). received on April 14, 1995, and was The RCHCA’s preparation of the long- Individuals wishing copies of this accompanied by the Long-term SKR term HCP has been on-going since the Final EIS/EIR should immediately Habitat Conservation Plan that details short-term permit was authorized. In Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices 8071

March 1993, the Service and the RCHCA alternative is the Service’s preferred SUPPLEMENTARY INFORMATION: initiated a joint scoping process for the action and is discussed above. Key Background preparation of a combined EIS/EIR in issues addressed in the Final EIS/EIR anticipation of the Service receiving a are identified as the effects that The Fish and Wildlife Service permit application for a 30-year Section implementation of various alternatives (Service) published a Notice of 10(a) permit for incidental take SKR. would have upon: (1) The endangered Availability of the draft ‘‘Black-footed The scoping process was initiated in SKR; (2) other wildlife and their Ferret Survey Guidelines for Oil and accordance with NEPA to solicit habitats; (3) land uses and general plans; Gas Activities in Wyoming for comments on issues and alternatives to (4) provision of public facilities, Compliance with the Endangered be addressed in the EIS/EIR. Because of services and utilities; and (5) social and Species Act’’ which appeared in the the extended two-year scoping process, economic conditions. In addition, a Federal Register on January 30, 1996 the Draft Scoping Report was prepared second assessment of funding was (61 FR 3051). It established a public to update public knowledge of the prepared in response to comments on comment period ending on February 29, scoping process. This report the Draft EIS/EIR. 1996. Requests for extending the summarized the 2-year scoping process, comment period have been received Each alternative was evaluated for its from persons that have indicated that 30 identified the scoping issues raised by potential to result in significant adverse interested parties at public meetings and days is not sufficient time to review and impacts, and the adequacy or comment on the Guidelines. The in written statements, and outlined the inadequacy of the proposed measures to issues and alternatives to be addressed comment period is, therefore, extended avoid, minimize, and substantially to march 15, 1996. in the Draft EIS/EIR. The availability of reduce the effects. the Draft Scoping Report was published Public Comments Solicited in the Federal Register on March 24, Dated: February 22, 1996. 1995. Thomas Dwyer, The Service solicits written comments A Notice of Availability of a Draft EIS/ Deputy Regional Director, Region 1, Portland, on the draft guidelines described above. EIR and receipt of an Application for an Oregon. All comments received by the date DATES Incidental Take Permit for SKR in [FR Doc. 96–4496 Filed 2–29–96; 8:45 am] specified in the section above will be considered prior to approval of Western Riverside County, California BILLING CODE 4310±55±P was published in the Federal Register the guidelines. August 4, 1995. Dated: February 23, 1996. Potential consequences, in terms of Extension of the Public Comment Terry T. Terrell, adverse impacts and benefits associated Period for the ``Black-footed Ferret Deputy Regional Director, Denver, CO. with the implementation of each Survey Guidelines for Oil and Gas [FR Doc. 96–4806 Filed 2–29–96; 8:45 am] alternative, were described in the Draft Activities in Wyoming for Compliance BILLING CODE 4310±55±M EIS/EIR. The Service received 39 letters With the Endangered Species Act'' of comment on the Draft EIS/EIR that primarily focused on the following AGENCY: Fish and Wildlife Service, Bureau of Land Management subject areas: (1) The range of Interior. alternatives in the document; (2) [UT±054±1040±00±24±1A] ACTION: Notice of extension of comment inadequate analysis of effects to SKR, period. Land Closure; Utah effects on local General Plans, effects on local economic conditions, cumulative AGENCY: Bureau of Land Management. SUMMARY: The Fish and Wildlife Service effects, and growth-inducing effects; (3) is extending the comment period for ACTION: Notice of closure and restriction mitigation measures for effects to SKR; review of the draft ‘‘Black-footed Ferret on public land. (4) population viability analysis model; Survey Guidelines For Oil And Gas and (5) analysis of funding SUMMARY: Notice is hereby given that, Activities In Wyoming For Compliance effective immediately and until further requirements, sources and assurances. With The Endangered Species Act.’’ The Responses to Comments notice, the last 1,000 feet of the road document for the FEIS/EIR contains DATES: Comments on the draft leading to the warm springs, near Gandy copies of all comments received and guidelines must be received on or before Utah, located in the SW1⁄4 of Sec. 31, T. responses to all comments received. March 15, 1996, to ensure they receive 15 S., R. 19 W. S.L.B.M., Utah, is closed Issues and potential consequences consideration by the Service. to all vehicular traffic. Personnel that are exempt from the closure include any remain constant from the Draft to the ADDRESSES: Persons wishing to review federal, state, or local officer, or member Final EIS/EIR. the draft guidelines may obtain a copy of any organized rescue or fire fighting by contacting the Field Supervisor, Alternatives Analyzed in the Final EIS/ force in the performance of an official Ecological Services, U.S. Fish and EIR duty, or any person authorized by the Wildlife Service, 4000 Morrie Avenue, Four alternatives were considered for Bureau. Foot traffic will be allowed. analysis in the Final EIS/EIR: (1) Cheyenne, Wyoming 82001. Written The purpose of the closure is to Proposed Action/Project (approve and comments and materials regarding the protect the riparian and wildlife values implement the Long-term SKR HCP); (2) draft guidelines should be sent to the associated with the spring and to reduce Expanded Conservation/Protection Field Supervisor at the Cheyenne erosion caused by vehicle travel on this (conserve additional SKR habitat); (3) address given above. Comments and section of road. Existing Reserves/Public Lands (focus of materials received are available on The authority for this closure is the SKR habitat already protected); and (4) request for public inspection, by Code of Federal Regulations, Title 43 a No Project/No Action Alternative appointment, during normal business Subpart 8364.1. hours at the above address. (assume no regional program). Issuance FOR FURTHER INFORMATION CONTACT: Rex of the permit with the mitigating, FOR FURTHER INFORMATION CONTACT: Rowley, House Range Resource Area minimizing, and monitoring measures Chuck Davis (see ADDRESSES above), at Manager. P.O. Box 778 Fillmore, UT outlined in the Proposed Action/Project telephone 307/772–2374. 84631 or Phone 801–743–6811. 8072 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices

Dated: February 22, 1996. DATES: The meeting will begin at 8 a.m. [NM±070±1430±01; NMNM95249] David R. Henderson, and run to 9 p.m. April 1, 1996 and 8 Associate District Manager. a.m. to 12 p.m. April 2, 1996. Notice of Realty Action; Recreation and Public Purpose (R&PP) Act [FR Doc. 96–4812 Filed 2–29–96; 8:45 am] ADDRESSES: The meeting will take place Classification, New Mexico BILLING CODE 4310±DQ±P in the Harney County Museum Club Room, 18 West ‘‘D’’ Street, Burns, AGENCY: Bureau of Land Management, Interior. Notice of Meeting; Lower Snake River Oregon. ACTION: Notice of R&PP lease/patent of District FOR FURTHER INFORMATION CONTACT: public land in Sandoval County, New AGENCY: Lower Snake River District, Jonne Hower, Bureau of Land Mexico. Bureau of Land Management, Interior. Management, Vale District, 100 Oregon ACTION: Notice of meeting. Street, Vale, OR 97918 (Telephone 541 SUMMARY: The following described 473–3144). public land is determined suitable for SUMMARY: The Lower Snake River James E. May, classification for leasing and patenting District Resource Advisory Council will to the Presbyterian Medical Services meet on March 16, 1996 at 9:00 a.m. to District Manager. (Presbyterian), Cuba, New Mexico under begin developing proposed guidelines [FR Doc. 96–4747 Filed 2–29–96; 8:45 am] the provisions of the Recreation and for managing livestock grazing on public BILLING CODE 4310±33±M Public Purposes (R&PP) Act, as lands. The Council will continue their amended (43 U.S.C. 869 et seq.). work on the proposed guidelines on Presbyterian proposes to use the land March 28 and 29 beginning at 8:30 a.m. Bureau of Land Management for medical clinic facilities. both days. A public comment period will be held at 11:00 a.m. on all three State Office Identifier (NM±930±1310± New Mexico Principal Meridian days. 01); (NMNM 84866) New Mexico: T. 23 N., R. 6 W., Sec. 21, E1⁄2SE1⁄4NW1⁄4NE1⁄4. DATES: March 16, 1996, beginning at Proposed Reinstatement of Terminated 9:00 a.m.; March 28 and 29, 1996, Oil and Gas Lease Containing 5 acres, more or less. beginning at 8: 30 a.m. COMMENT DATES: On or before April 15, ADDRESSES: The meetings will be held at Under the provisions of Public Law 1996 interested parties may submit the Bureau of Land Management’s Idaho 97–451, a petition for reinstatement of comments regarding the proposed State Office, 3380 Americana Terrace, oil and gas lease NMNM 84866 for lands leasing and conveyance or classification Boise, Idaho 83706. in Eddy County, New Mexico, was of the lands to the Bureau of Land FOR FURTHER INFORMATION CONTACT: timely filed and was accompanied by all Management at the following address. Barry Rose, Lower Snake River District required rentals and royalties accruing Any adverse comments will be reviewed Office (208–384–3393). from September 1, 1995, the date of by the Bureau of Land Management, Barry Rose, termination. Farmington District Manager, 1235 Public Affairs Specialist. No valid lease has been issued LaPlata Highway, Farmington, NM [FR Doc. 96–4809 Filed 2–29–96; 8:45 am] affecting the lands. The lessee has 87401, who may sustain, vacate, or modify this realty action. In the absence BILLING CODE 1020±GG±P agreed to new lease terms for rentals and royalties at rates of $10.00 per acre of any adverse comments, this realty action becomes the final determination or fraction thereof and 162⁄3 percent, Bureau of Land Management respectively. The lessee has paid the of the Department of the Interior and effective April 29, 1996. [OR±030±06±1220±00: GP6±0075] required $500 administrative fee and has reimbursed the Bureau of Land FURTHER INFORMATION: Information Notice of Meeting of Southeastern Management for the cost of this Federal related to this action including the Oregon Resource Advisory Council Register notice. environmental assessment, is available for review at the Bureau of Land The lessee has met all the AGENCY: Vale District, Bureau of Land Management, Farmington District Management, Interior. requirements for reinstatement of the Office, 1235 LaPlata Highway, ACTION: Notice of meeting. lease as set out in Sections 31(d) and (e) Farmington, NM 87401. of the Mineral Leasing Act of 1920 (30 SUMMARY: Notice is given that a meeting USC 188), and the Bureau of Land SUPPLEMENTARY INFORMATION: of the Southeastern Oregon Resource Management is proposing to reinstate Publication of this notice segregates the Advisory Council will be held April 1, the lease effective September 1, 1995, public land described above from all other forms of appropriation under the 1996 from 8 a.m. to 9 p.m. and April 2, subject to the original terms and public land laws, including the general 1996 from 8 a.m. to 12 p.m. at the conditions of the lease and the mining laws, except for leasing and Harney County Museum Club Room, 18 increased rental and royalty rates cited conveyance under the Recreation and West ‘‘D’’ Street, Burns, Oregon. above. At an appropriate time, the Council Public Purposes Act and leasing under will recess for approximately one hour FOR FURTHER INFORMATION CONTACT: the mineral leasing laws for a period of for lunch and one and one-half hours for Becky C. Olivas, BLM, New Mexico two (2) years from date of this dinner. Public comments will be State Office, (505) 438–7609. publication in the Federal Register. The received from 7 p.m. to 7:30 p.m., April segregative affect will terminate upon Dated: February 22, 1996. 1. Topics to be discussed are issuance of the lease and patent to administrative activities of the Council, Becky C. Olivas, Presbyterian, or two (2) years from the the Southeastern Oregon Resource Land Law Examiner, Fluids Adjudication date of this publication, whichever Management Plan, and standards and Team 1. occurs first. guidelines for livestock grazing on [FR Doc. 96–4808 Filed 2–29–96; 8:45 am] The lease, when issued, will be public lands. BILLING CODE 4310±FB±M subject to the following terms: Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices 8073

1. Provisions of the Recreation and [UT±942±1430±01; U±67483] Public Purposes, located in the S1⁄2 Public Purposes Act and to all section 29, T. 43 S., R. 13 W. For a applicable regulations of the Secretary Notice, Direct Sale of Public Lands and complete legal description of these Application to Purchase the Mineral of the Interior. lands contact the Dixie Resource Area Estate, and Recreation and Public Office at the address listed below. The 2. Provisions of the Resource Purposes Classification Termination, classification for these lands will be Conservation and Recovery Act of 1976 Washington County, Utah terminated upon issuance of a patent (RCRA) as amended, 42 U.S.C. 6901– conveying title to the public lands. 6987 and the Comprehensive AGENCY: Bureau of Land Management, Interior. Detailed information concerning these Environmental Response, Compensation reservations as well as specific ACTION: Notice. and Liability Act of 1980 (CERCLA) as conditions of the sale are available for amended, 42 U.S.C. 9601 and all SUMMARY: The following described review at the Dixie Resource Area Office applicable regulations. public lands have been found suitable Bureau of Land Management, 345 East 3. Provisions of Title VI of the Civil for sale under section 203 of the Federal Riverside Drive, St. George. Rights Act of 1964. Land Policy and Management Act of For a period of 45 days from the date of publication of this notice in the 4. Provisions that the lease be 1976 (90 Stat. 2750, 43 U.S.C. 1713), at no less than the appraised fair market Federal Register, interested parties may operated in compliance with the value. The lands will not be offered for submit comments to the Area Manager, approved Development Plan. sale for at least 60 days after the date of Dixie Resource Area, at the above The patent, when issued, will be publication of this notice. address. In the absence of timely subject to the following terms: objections, this proposal shall become Salt Lake Meridian the final determination of the 1. Reservation to the United States of T. 41 S., R. 13 W., Department of the Interior. a right-of-way for ditches and canals in Sec. 29, N1⁄2NE1⁄4NW1⁄4SW1⁄4, Dated: February 21, 1996. accordance with 43 U.S.C. 945. W1⁄2NW1⁄4SW, N1⁄2NW1⁄4SW1⁄4SW1⁄4, 1 1 1 1 Jerry Meredith, 2. Reservation to the United States of SW ⁄4NW ⁄4SW ⁄4SW ⁄4; District Manager. all minerals. Containing 32.50 acres. [FR Doc. 96–4811 Filed 2–29–96; 8:45 am] Publication of this notice segregates 3. All valid existing rights, e.g. rights- BILLING CODE 4210±DQ±M of-way and leases of record. the public lands described above from appropriation under the public land 4. Provisions that if the patentee or its laws and the mining laws. The [ID±957±1430±00] successor attempts to transfer title to or segregation will end upon disposition of control over the land to another or the this action, or 270 days from the date of Idaho: Filing of Plats of Survey; Idaho land is devoted to a use other than that publication of this notice, whichever for which the land was conveyed, The plat of the following described occurs first. land was officially filed in the Idaho without the consent of the Secretary of This land is being offered for direct State Office, Bureau of Land the Interior or his delegate, or prohibits sale to the City of Hurricane, Utah, for Management, Boise, Idaho, effective or restricts, directly or indirectly, or a municipal golf course. Disposal of this 9:00 a.m., February 21, 1996. permits its agents, employees, tract would serve important public The plat representing the corrective contractors, or subcontractors, including objectives, including community dependent resurvey of portions of the without limitation, lessees and expansion and economic development. subdivisional lines and subdivision of permittees), to prohibit or restrict, Pursuant to Section 209 of the Federal section 11, T. 10 S., R. 27 E., Boise, directly or indirectly, the use of any part Land Policy and Management Act of Meridian, Idaho, Group No. 925, was of the patented lands or any of the 1976 (43 U.S.C. 1719) the City has made accepted, February 21, 1996. facilities whereon by any person application to purchase the mineral This survey was executed to meet because of such person’s race, creed, estate of the above described land. certain administrative needs of the color, or national origin, title shall The patent, when issued, would Bureau of Land Management. revert to the United States. reserve to the United States: All inquiries concerning the survey of A right-of-way for ditches and canals the above described land must be sent The lands are not needed for Federal constructed under the authority of the to the Chief, Cadastral Survey, Idaho purposes. Leasing and later patenting is Act of August 30, 1890 (26 Stat. 391, 43 State Office, Bureau of Land consistent with current Bureau of Land U.S.C. 945 (1970)). Management, 3380 Americana Terrace, Management policies and land use The patent would also be subject to Boise, Idaho, 83706. planning. The estimated intended time the following existing rights: Dated: February 21, 1996. of lease issuance is April 30, 1996, with 1. Rights-of-way to the City of the patent being issued upon substantial Hurricane for a road and powerline, Duane E. Olsen, development taking place. The proposal serial number U–55652, and sewer line, Chief Cadastral Surveyor for Idaho. serves the public interest since it would serial number U–44040. [FR Doc. 96–4810 Filed 2–29–96; 8:45 am] provide modern facilities that would 2. Right-of-way to the Utah BILLING CODE 4310±GG±M meet the medical needs of the Association of Municipal Power for a powerline, serial number U–72212. surrounding public. In conjunction with this land sale, National Park Service Dated: February 22, 1996. there is an exchange being processed Robert Moore, with the City of Hurricane which Dayton Aviation Heritage Commission Acting Assistant District Manager for Lands involves public lands adjacent to the AGENCY: National Park Service, Interior. and Renewable Resources. 32.5 acres proposed for sale. These ACTION: Notice of meeting. [FR Doc. 96–4724 Filed 2–29–96; 8:45 am] lands are currently under a Recreation and Public lease. There are 155 acres SUMMARY: This notice sets the schedule BILLING CODE 4310±FB±M currently classified for Recreation and for the forthcoming meeting of the 8074 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices

Dayton Aviation Heritage Commission. FOR FURTHER INFORMATION CONTACT: Request for Determination of Valid Notice of this meeting is required under Superintendent JoAnn Kyral, Existing Rights Within the Wayne the Federal Advisory Committee Act Mississippi National River and National Forest (Pub. L. 92–463). Recreation Area, 175 East Fifth Street, MEETING DATE AND TIME: Monday, March Suite 418, St. Paul, Minnesota 55101 or AGENCY: Office of Surface Mining 25, 1996; 5:15 p.m. to 6:30 p.m. telephone 612–290–4160. Reclamation and Enforcement, Interior. ACTION: Notice of request for ADDRESSES: Innerwest Priority Board Dated: February 16, 1996. conference room, 1024 West Third determination and invitation for Street, Dayton, Ohio 45407. William W. Schenk, interested persons to participate. AGENDA TOPICS INCLUDE: Update on the Field Director, Midwest Field Area. SUMMARY: park and general management plan. [FR Doc. 96–4783 Filed 2–29–96; 8:45 am] The Office of Surface Mining Reclamation and Enforcement (OSM) This business meeting will be open to BILLING CODE 4310±70±P the public. Space and facilities to has received a request for a accommodate members of the public are determination that Buckingham Coal limited and persons accommodated on Office of Surface Mining Reclamation Co., Inc. (the requester) has valid a first-come, first-served basis. The and Enforcement existing rights (VER) pursuant to section Chairman will permit attendees to 522(e) of the Surface Mining Control address the Commission, but may Cancellation of a Notice of Intent To and Reclamation Act of 1977 (SMCRA) restrict the length of presentations. An Prepare an Environmental Impact to mine coal by surface methods on 25.2 agenda will be available from the Statement on the Proposed acres of Federal land within the Wayne Superintendent, Dayton Aviation, one Development of the Bull Mountains National Forest in Perry County, Ohio. week prior to the meeting. Mine No. 1 and Associated Support By this notice, OSM is inviting interested persons to participate in the FOR FURTHER INFORMATION CONTACT: Facilities, Musselshell and Yellowstone William Gibson, Superintendent, Counties, Montana proceeding and to submit relevant Dayton Aviation, National Park Service, factual information on the matter. P.O. Box 9280, Wright Brothers Station, AGENCY: Office of Surface Mining DATES: OSM will accept written Dayton, Ohio 45409, or telephone 513– Reclamation and Enforcement, Interior. comments on this request until 5:00 225–7705. p.m. local time on April 15, 1996. ACTION: Cancellation of a notice of intent SUPPLEMENTARY INFORMATION: The to prepare an environmental impact ADDRESSES: Mail or hand deliver written Dayton Aviation Heritage Commission statement. comments to the Office of Surface was established by Public Law 102–419, Mining Reclamation and Enforcement, October 16, 1992. Appalachian Regional Coordinating SUMMARY: Notice is hereby given that Dated: February 16, 1996. Center, Room 218, Three Parkway the Office of Surface Mining Center, Pittsburgh, PA 15220. William W. Schenk, Reclamation and Enforcement (OSM) is The Administrative Record for this Field Director, Midwest Field Area. cancelling the notice published in the [FR Doc. 96–4782 Filed 2–29–96; 8:45 am] request is available for review at both Federal Register on May 9, 1990 (55 FR the address above and OSM’s Columbus BILLING CODE 4310±70±P 19365) for the preparation of an Office, Eastland Professional Plaza, 4480 environmental impact statement (EIS) Refugee Road, Suite 201, Columbus, on the proposed development of the Mississippi River Coordinating Ohio 43232 during normal business Bull Mountains Mine No. 1 and its Commission Meeting hours, Monday through Friday, associated support facilities. Meridian excluding holidays. AGENCY: National Park Service, Interior. Minerals Company (Meridian) had FOR FURTHER INFORMATION CONTACT: ACTION: submitted a permit application package Notice of meeting. Peter Michael, Office of Surface Mining (PAP) for their proposed underground Reclamation and Enforcement, SUMMARY: This notice announces an coal mine and its associated support Appalachian Regional Coordinating upcoming meeting of the Mississippi facilities, located about 35 miles River Coordinating Commission. Notice Center, Room 218, Three Parkway northeast of Billings, Montana and 12 Center, Pittsburgh, PA 15220. of this meeting is required under the miles southeast of Roundup, Montana. Federal Advisory Committee Act (Public Telephone: (412) 937–2867. Decisions on the application for a Law 92–463). Federal permit to mine coal and for the SUPPLEMENTARY INFORMATION: MEETING DATE AND TIME: Monday, April possible Federal approval of a mining 1, 1996; 6:30 p.m. to 9:30 p.m. I. Background on VER Requirements plan are no longer required. for National Forest Lands ADDRESSES: Metropolitan Council Chambers, 230 Fifth Street East, St. FOR FURTHER INFORMATION CONTACT: Section 522(e) of SMCRA (30 U.S.C. Paul, Minnesota. Floyd McMullen, Environmental Project 1272(e)) prohibits surface coal mining An agenda for the meeting will be Manager, Office of Surface Mining operations on certain lands unless a available by March 20, 1996, from the Reclamation and Enforcement, Western person has VER to conduct such Superintendent of the Mississippi Regional Coordinating Center, 1999 operations or unless the operation was National River and Recreation Area at Broadway, Suite 3320, Denver, Colorado in existence on August 3, 1977. Section the address below. Public statements 80202–5733 (telephone: 303–672–5601). 522(e)(2) applies the prohibition to about matters related to the Mississippi Federal lands within the boundaries of Dated: February 14, 1996. National River and Recreation Area will any national forest unless the Secretary be taken at the meeting. Richard J. Seibel, of the Interior finds that there are no SUPPLEMENTARY INFORMATION: The Regional Director, Western Regional significant recreational, timber, Mississippi River Coordinating Coordinating Center. economic, or other values that may be Commission was established by Public [FR Doc. 96–4800 Filed 2–29–96; 8:45 am] incompatible with surface coal mining Law 100–696, November 18, 1988. BILLING CODE 4310±05±M operations and the surface operations Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices 8075 and impacts are incident to an OSM invites interested persons to § 1320.10. Written comments and/or underground coal mine. provide factual information as to suggestions regarding the item(s) Under section 523 of the Act and 30 whether the requester has the property contained in this notice, especially CFR 740.11, the approved State program right to mine by the proposed methods. regarding the estimated public burden (including the State definition of VER) OSM also solicits comment on whether and associated response time, should be applies to all Federal lands within the request meets the VER criteria of the directed to the Office of Management States with approved regulatory approved Ohio program, as defined in and Budget, Office of Regulatory Affairs, programs. However, under 30 CFR OAC 1501:13–1–02 of the Ohio Attention: Department of Justice Desk 745.13, the Secretary has exclusive Administrative Code; or whether Officer, Washington, DC 20530. authority to determine VER for surface application of the prohibitions in Additionally, comments may be coal mining and reclamation operations section 522(e)(2) of SMCRA or OAC submitted to OMB via facsimile to 202– on Federal lands within the boundaries 1501:13–3–03 of the Ohio 395–7285. Comments may also be of the areas specified in paragraphs Administrative Code would constitute a submitted to the Department of Justice (e)(1) and (e)(2) of section 522 of the compensable taking of property under (DOJ), Justice Management Division, Act. OSM reaffirmed these basic the Fifth and Fourteenth Amendments Information Management and Security principles in the preamble to the to the U.S. Constitution. Staff, Attention: Department Clearance suspension notice concerning VER If OSM determines that the requester Officer, Suite 850, 1001 G Street NW., published on November 20, 1986 (51 FR has VER, he may apply for a permit Washington, DC 20530. Additionally, 41954) with the caveat that, in States from the Ohio Department of Natural comments may be submitted to DOJ via with an all-permits standard for VER, Resources, which, if granted, would facsimile to 202–514–1534. OSM would apply the standard as if it authorize surface coal mining Written comments and suggestions contained a good-faith component. operations on the property in question. from the public and affected agencies Ohio represents a special case in that If OSM determines that the requester should address one or more of the OSM is not restricted to use of the State does not have VER, no permits may be following points: program definition of VER. In situations issued for surface coal mining (1) Evaluate whether the proposed in which application of the State operations. However, the lack of VER collection of information is necessary definition would result in a denial of would not prohibit issuance of a permit for the proper performance of the permission to conduct surface coal for underground coal mining operations, functions of the agency/component, mining operations, OSM may rely on a provided the Secretary determines that including whether the information will takings standard, in accordance with such operations are compatible with the have practical utility; Belville Mining Co. v. Lujan, No. C–1– recreational, timber, economic, and (2) evaluate the accuracy of the 89–790 (S.D. Ohio 1991), Mot. for other values associated with this agencies/components estimate of the recons. granted, Sept. 18, 1992. In other property. burden of the proposed collection of words, OSM may find that a person has information, including the validity of VER if application of the prohibitions of Dated: February 7, 1996. the methodology and assumptions used; section 522(e) of the Act would result in Ron Recker, (3) enhance the quality, utility, and a compensable taking under the Fifth Acting Regional Director, Appalachian clarity of the information to be and Fourteenth Amendments to the U.S. Regional Coordinating Center. collected; and Constitution. [FR Doc. 96–4799 Filed 2–29–96; 8:45 am] (4) minimize the burden of the II. Request for VER Determination BILLING CODE 4310±05±M collection of information on those who are to respond, including through the By letter dated August 14, 1995, James use of appropriate automated, F. Graham of Buckingham Coal DEPARTMENT OF JUSTICE electronic, mechanical, or other Company, Inc. requested that OSM technological collection techniques or determine whether he has VER to Office of Justice Programs other forms of information technology, remove the No. 6 coal seam, using block Bureau of Justice Assistance e.g., permitting electronic submission of cut, contour, and area mining methods, responses. from 25.2 acres located within the Agency Information Collection The proposed collection is listed Wayne National Forest in Perry County, below: Ohio. The requester alleges that he is Activities: Proposed Collection; Comment Request (1) Type of information collection. the lessee of all coal underlying this Revision of a currently approved tract. The United States of America ACTION: Notice of information collection collection. purchased the surface rights from Daniel under review; Edward Byrne Memorial (2) The title of the form/collection. C. Jenkins, Jr. and other interested State and Local Law Enforcement Edward Byrne Memorial State and Local parties on April 24, 1967, and from Assistance Program. Law Enforcement Assistance Program. Edward G. Blaire on May 1, 1967. The (3) The agency form number, if any, land is currently managed by the U.S. Office of Management and Budget and the applicable component of the Department of Agriculture as part of the (OMB) approval is being sought for the Department sponsoring the collection. Wayne National Forest. information collection listed below. Form: None. Office of Justice The property extends from north to This proposed information collection Assistance, Office of Justice Programs, south along an ephemeral tributary of was previously published in the Federal United States Department of Justice. Pine Run and is about 1.8 miles Register and allowed 60 days for public (4) Affected public who will be asked northeast of the city of Shawnee, Ohio. comment. or required to respond, as well as a brief Its southern limit is adjacent to County The purpose of this notice is to allow abstract. Primary: State, Local or Tribal Route 43. The center of the property lies an additional 30 days for public Governments. Other: None. on the boundary between Sections 11 comments from the date listed at the top This collection contains the ‘‘Program and 14 on the New Straightsville, Ohio of this page in the Federal Register. Guidance and Application Kit’’ the USGS Quadrangle. Its southern limit is This process is conducted in accordance states will use to apply for grants under adjacent to County Route 43. with 5 Code of Federal Regulation, the Edward Byrne Memorial State and 8076 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices

Local Law Enforcement Assistance SUPPLEMENTARY INFORMATION: Under Notice of Extension of Designation of Program. section 244A of the Act, as amended by Liberia Under the Temporary Protected (5) An estimate of the total number of section 302(a) of Public Law 101–649 Status Program respondents and the amount of time and section 304(b) of Public Law 102– By the authority vested in me as estimated for an average respondent to 232 (8 U.S.C. 1254a), the Attorney Attorney General under sections 244A respond. 56 respondents: Items (a–d) at General is authorized to grant of the Immigration and Nationality Act, 10 minutes per response, item (e) at 60 Temporary Protected Status in the as amended, (8 U.S.C. 1254a), and hours per response, item (f) at 30 United States to eligible aliens who are pursuant to sections 244A(b)(3) (A) and minutes per response, and item (g) 10 nationals of a foreign state designated by (C) of the Act, I have had consultations minutes per response. the Attorney General, or who have no with the appropriate agencies of the (6) An estimate of the total public nationality and who last habitually Government concerning (a) the burden (in hours) associated with the resided in that state. The Attorney conditions in Liberia; and (b) whether collection. 26,829 annual burden hours. General may designate a state upon permitting nationals of Liberia, and Public comment on this proposed finding that the state is experiencing aliens having no nationality who last information collection is strongly ongoing armed conflict, environmental habitually resided in Liberia, to remain encouraged. disaster, or certain other extraordinary temporarily in the United States is and temporary conditions that prevent Dated: February 26, 1996. contrary to the national interest of the nationals or residents of the country Robert B. Briggs, United States. As a result, I determine from returning in safety. Department Clearance Officer, United States Effective on March 27, 1991, the that the conditions for the original Department of Justice. Attorney General designated Liberia for designation of Temporary Protected [FR Doc. 96–4725 Filed 2–29–96; 8:45 am] Temporary Protected Status for a period Status for Liberia continue to be met. BILLING CODE 4410±18±M of 12 months, 56 FR 12746. The Accordingly, it is ordered as follows: Attorney General extended the (1) The designation of Liberia under section 244A(b) of the Act is extended Immigration and Naturalization Service designation of Liberia under the TPS program for additional 12-month for an additional 12-month period from [INS No. 1746±96; AG Order No. 2011±96] periods until March 28, 1996, 60 FR March 29, 1996, to March 28, 1997. (2) I estimate that there are RIN 1115±AE26 16163. This notice extends the designation of approximately 4000 nationals of Liberia, and aliens having no nationality who Extension of Designation of Liberia Liberia under the Temporary Protected last habitually resided in Liberia, who Under Temporary Protected Status Status program for an additional 12 have been granted Temporary Protected Program months, in accordance with sections 244A(b)(3) (A) and (C) of the Act. This Status and who are eligible for re- AGENCY: Immigration and Naturalization notice also describes the procedures registration. Service, Justice. which eligible aliens who are nationals (3) In order to maintain current ACTION: Notice. of Liberia, or who have no nationality registration for Temporary Protected and who last habitually resided in Status, a national of Liberia, or an alien SUMMARY: This notice extends, until Liberia, must comply with in order to having no nationality who last March 28, 1997, the Attorney General’s re-register for TPS. habitually resided in Liberia, who designation of Liberia under the In addition to timely re-registrations received a grant of TPS during the Temporary Protected Status (TPS) and late re-registrations authorized by initial period of designation from March program provided for in section 244A of this notice’s extension of Liberia’s TPS 27, 1991, to March 27, 1992, must the Immigration and Nationality Act, as designation, late initial registrations are comply with the re-registration amended (‘‘the Act’’). Accordingly, possible for some Liberians under 8 CFR requirements contained in 8 CFR eligible aliens who are nationals of 240.2(f)(2). Such late initial registrants 240.17, which are described in pertinent Liberia, or who have no nationality and must have been ‘‘continuously part in paragraphs (4) and (5) of this who last habitually resided in Liberia, physically present’’ in the United States notice. may re-register for Temporary Protected since March 27, 1991, must have had a (4) A national of Liberia, or an alien Status and extension of employment valid immigrant or non-immigrant having no nationality who last authorization. This re-registration is status during the original registration habitually resided in Liberia, who limited to persons who already have period, and must register no later than previously has been granted TPS, must registered for the initial period of TPS 30 days from the expiration of such re-register by filing a new Application which ended on March 27, 1992. In status. for Temporary Protected Status, Form I– addition, some Liberians may be eligible An Application for Employment 821, together with an Application for for late initial registration pursuant to 8 Authorization, Form I–765, must always Employment Authorization, Form I– CFR 240.2(f)(2). be filed as part of either a re-registration 765, within the 30-day period beginning EFFECTIVE DATES: This extension of or as part of a late initial registration on March 1, 1996, and ending on April designation is effective on March 29, together with the Application for 1, 1996, in order to be eligible for 1996, and will remain in effect until Temporary Protected Status, Form I– Temporary Protected Status during the March 28, 1997. The primary re- 821. The appropriate filing fee must period from March 29, 1996, until registration procedures become effective accompany Form I–765 unless a March 28, 1997. Late re-registration on March 1, 1996, and will remain in properly documented fee waiver request applications will be allowed pursuant to effect until April 1, 1996. is submitted to the Immigration and 8 CFR 240.17(c). FOR FURTHER INFORMATION CONTACT: Naturalization Service or unless the (5) There is no fee for Form I–821 Ronald Chirlin, Adjudications Officer, applicant does not request employment filed as part of the re-registration Immigration and Naturalization Service, authorization. The Immigration and application. The fee prescribed in 8 CFR Room 3214, 425 I Street, NW., Naturalization Service requires TPS 103.7(b)(1), currently seventy dollars Washington, DC 20536, telephone (202) registrants to submit Form I–765 for ($70), will be charged for Form I–765, 514–5014. data-gathering purposes. filed by an alien requesting employment Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices 8077 authorization pursaunt to the provisions accordance with the Davis-Bacon Act. entitled ‘‘General Wage Determinations of paragraph (4) of this notice. An alien The prevailing rates and fringe benefits Issued Under the Davis-Bacon and who does not request employment determined in these decisions shall, in Related Acts’’ being modified are listed authorization must nonetheless file accordance with the provisions of the by Volume and State. Dates of Form I–821 together with Form I–765, foregoing statutes, constitute the publication in the Federal Register are but in such cases both Form I–821 and minimum wage payable on Federal and in parentheses following the decisions Form I–765 should be submitted federally assisted construction projects being modified. without fee. to laborers and mechanics of the (6) Pursuant to section 244A(b)(3)(A) specified classes engaged on contract Volume I of the Act, the Attorney General will work of the character and in the None review, at least 60 days before March 28, localities described therein. 1997, the designation of Liberia under Good cause is hereby found for not Volume II the TPS program to determine whether utilizing notice and public comment None the conditions for designation continue procedure thereon prior to the issuance Volume III to be met. Notice of that determination, of these determinations as prescribed in including the basis for the 5 U.S.C. 553 and not providing for delay None determination, will be published in the in the effective date as prescribed in that Volume IV Federal Register. section, because the necessity to issue (7) Information concerning the TPS current construction industry wage None program for nationals of Liberia, and determinations frequently and in large Volume V aliens having no nationality who last volume causes procedures to be None habitually resided in Liberia, will be impractical and contrary to the public available at local Immigration and interest. Volume VI Naturalization Service offices upon General wage determination None publication of this notice. decisions, and modifications and General Wage Determination Dated: February 26, 1996. supersedeas decisions thereto, contain Publication Janet Reno, no expiration dates and are effective from their date of notice in the Federal Attorney General. Register, or on the date written notice General wage determinations issued [FR Doc. 96–4924 Filed 2–29–96; 8:45 am] is received by the agency, whichever is under the Davis-Bacon and related Acts, BILLING CODE 4410±01±M earlier. These decisions are to be used including those noted above, may be in accordance with the provisions of 29 found in the Government Printing Office CFR Parts 1 and 5. Accordingly, the (GPO) document entitled ‘‘General Wage DEPARTMENT OF LABOR applicable decision, together with any Determinations Issued Under The Davis- modifications issued, must be made a Bacon and Related Acts’’. This Employment Standards Administration part of every contract for performance of publication is available at each of the 50 Wage and Hour Division the described work within the Regional Government Depository Minimum Wages for Federal and geographic area indicated as required by Libraries and many of the 1,400 Federally Assisted Construction; an applicable Federal prevailing wage Government Depository Libraries across General Wage Determination Decisions law and 29 CFR Part 5. The wage rates the county. and fringe benefits, notice of which is The general wage determinations General wage determination decisions published herein, and which are issued under the Davis-Bacon and of the Secretary of Labor are issued in contained in the Government Printing related Acts are available electronically accordance with applicable law and are Office (GPO) document entitled by subscription to the FedWorld based on the information obtained by ‘‘General Wage Determinations Issued the Department of Labor from its study Under The Davis-Bacon And Related Bulletin Board System of the National of local wage conditions and data made Acts,’’ shall be the minimum paid by Technical Information Service (NTIS) of available from other sources. They contractors and subcontractors to the U.S. Department of Commerce at specify the basic hourly wage rates and laborers and mechanics. (703) 487–4630. fringe benefits which are determined to Any person, organization, or Hard-copy subscriptions may be be prevailing for the described classes of governmental agency having an interest purchased from: Superintendent of laborers and mechanics employed on in the rates determined as prevailing is Documents, U.S. Government Printing construction projects of a similar encouraged to submit wage rate and Office, Washington, D.C. 20402, (202) character and in the localities specified fringe benefit information for 512–1800. therein. consideration by the Department. The determinations in these decisions Further information and self- When ordering hard-copy of prevailing rates and fringe benefits explanatory forms for the purpose of subscription(s), be sure to specify the have been made in accordance with 29 submitting this data may be obtained by State(s) of interest, since subscriptions CFR Part 1, by authority of the Secretary writing to the U.S. Department of Labor, may be ordered for any or all of the six of Labor pursuant to the provisions of Employment Standards Administration, separate volumes, arranged by State. the Davis-Bacon Act of March 3, 1931, Wage and Hour Division, Division of Subscriptions include an annual edition as amended (46 Stat. 1494, as amended, Wage Determinations, 200 Constitution (issued in January or February) which 40 U.S.C. 276a) and of other Federal Avenue, N.W., Room S–3014, includes all current general wage statutes referred to in 29 CFR Part 1, Washington, D.C. 20210. determinations for the States covered by Appendix, as well as such additional each volume. Throughout the remainder Modifications to General Wage statutes as may from time to time be of the year, regular weekly updates are Determination Decisions enacted containing provisions for the distributed to subscribers. payment of wages determined to be The number of decisions listed in the prevailing by the Secretary of Labor in Government Printing Office document 8078 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices

Signed at Washington, D.C., this 23rd day happens to the records after this period. records migrated to a new electronic of February 1996. Some schedules are comprehensive and system. Philip J. Gloss, cover all the records of an agency or one 6. National Telecommunications and Chief, Branch of Construction Wage of its major subdivisions. These Information Administration (N1–417– Determinations. comprehensive schedules provide for 96–1). Records of the Interdepartmental [FR Doc. 96–4539 Filed 2–29–96; 8:45 am] the eventual transfer to the National Radio Advisory Committee. BILLING CODE 4510±27±M Archives of historically valuable records and authorize the disposal of all other 7. Office of Thrift Supervision (N1– records. Most schedules, however, cover 483–93–22). Databases used to assemble records of only one office or program or and edit data as prescribed by the Home NATIONAL ARCHIVES AND RECORDS Mortgage Disclosure Act. ADMINISTRATION a few series of records, and many are updates of previously approved 8. U.S. Atlantic Command (N1–528– Records Schedules; Availability and schedules. Such schedules also may 96–1). Medical treatment records of Request for Comments include records that are designated for Cuban Refugees at U.S. Naval Base permanent retention. Guantanamo Bay, Cuba, during calendar AGENCY: National Archives and Records Destruction of records requires the year 1995. Records will be retained for Administration, Office of Records approval of the Archivist of the United 10 years. Administration. States. This approval is granted after a Dated: February 12, 1996. ACTION: Notice of availability of thorough study of the records that takes James W. Moore, proposed records schedules; request for into account their administrative use by comments. the agency of origin; the rights of the Assistant Archivist for Records Government and of private persons Administration. SUMMARY: The National Archives and directly affected by the Government’s [FR Doc. 96–4813 Filed 2–29–96; 8:45 am] Records Administration (NARA) activities, and historical or other value. BILLING CODE 7515±01±M publishes notice at least once monthly This public notice identifies the of certain Federal agency requests for Federal agencies and their subdivisions records disposition authority (records requesting disposition authority, schedules). Records schedules identify includes the control number assigned to NATIONAL SCIENCE FOUNDATION records of sufficient value to warrant each schedule, and briefly describes the preservation in the National Archives of Alan T. Waterman Award Committee; records proposed for disposal. The the United States. Schedules also Notice of Meeting records schedule contains additional authorize agencies after a specified information about the records and their period to dispose of records lacking In accordance with the Federal disposition. Further information about administrative, legal, research, or other Advisory Committee Act (Pub. L. 92– the disposition process will be value. Notice is published for records 463, as amended), the National Science furnished to each requester. schedules that (1) propose the Foundation announces the following destruction of records not previously Schedules Pending meeting: authorized for disposal, or (2) reduce 1. Defense Contract Audit Agency Name: Alan T. Waterman Award the retention period for records already (N1–372–96–1). Records of a general Committee (I172). authorized for disposal. NARA invites nature pertaining to Internal Date and Time: Friday, March 22, 1996; public comments on such schedules, as Management Control. 8:30 a.m.–3:00 p.m. required by 44 U.S.C. 3303a(a). 2. Department of Defense Inspector Place: Room 370, National Science DATES: Request for copies must be General (N1–509–93–3). Routine records Foundation, 4201 Wilson Blvd., Arlington, received in writing on or before April relating to preliminary aspects of the VA 22230. 15, 1996. Once the appraisal of the ‘‘Tailhook’’ investigation and to persons Type of Meeting: Closed. records is completed, NARA will send who were cleared of wrong-doing. Contact Person: Mrs. Susan E. Fannoney, a copy of the schedule. The requester (Substantive records, such as the DOD Executive Secretary, Room 1220, National will be given 30 days to submit IG review of the Naval Investigative Science Foundation, 4201 Wilson Blvd, comments. Service investigation, policy and Arlington, VA 22230. Telephone: 703/306– 1096. ADDRESSES: Address requests for single procedural records, subpoenas, Purpose of Meeting: To provide advice and copies of schedules identified in this evidence and exhibits, individual recommendations in the selection of the Alan notice to the Records Appraisal and jackets and related records, background T. Waterman Award recipient. Disposition Division (NIR), National files, and final report, are all proposed Agenda: To review and evaluate Archives and Records Administration, as permanent.) nominations as part of the selection process College Park, MD 20740. Requesters 3. Department of Energy (N1–434–96– for awards. must cite the control number assigned 3). Administrative records relating to Reason for Closing: The nominations being to each schedule when requesting a the clearance and vetting of persons reviewed include information of a personal copy. The control number appears in appointed to non-career positions. nature where disclosure would constitute the parentheses immediately after the Required documentation will be unwarranted invasions of personal privacy. name of the requesting agency. maintained in the employee’s Official These matters are exempt under 5 U.S.C. SUPPLEMENTARY INFORMATION: Each year Personnel File. 552b(c)(6) of the Government in the Sunshine U.S. Government agencies create 4. Department of Energy (N1–434–96– Act. 4). Film badges that measure radiation billions of records on paper, film, Dated: February 26, 1996. magnetic tape, and other media. In order exposure of employees. Records will be to control this accumulation, agency retained for 75 years. M. Rebecca Winkler records managers prepare records 5. Department of Interior, Bureau of Committee Management Officer schedules specifying when the agency Land Management (N1–49–94–1). [FR Doc. 96–4764 Filed 2–29–96; 8:45 am] no longer needs the records and what Routine administrative records for and BILLING CODE 7555±01±M Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices 8079

Special Emphasis Panel in Purpose of Meeting: To carry out Foundation announces the following Bioengineering and Environmental Committee of Visitors (COV) review, meeting: Systems; Notice of Meeting including examination of decisions on proposals, reviewer comments, and other Name: Advisory Committee for Geosciences (#1755). In accordance with the Federal privileged materials. Agenda: To provide oversight review of the Dates: March 18–19, 1996. Advisory Committee Act (Pub. L. 92– NSFNET Program. Time: 8:30 am.–5:00 p.m. 463, as amended), the National Science Reason for Closing: The meeting is closed Place: Room 1235, National Science Foundation announces the following to the public because the Committee is Foundation, 4201 Wilson Boulevard, meeting. reviewing proposal actions that will include Arlington, Virginia 22230. Type of Meeting: Open. Name: Special Emphasis Panel in privileged intellectual property and personal information that could harm individuals if Contact Person: Dr. Thomas J. Baerwald, Bioengineering and Environmental Systems they are disclosed. If discussions were open Deputy Assistant Director for Geosciences, (No. 1189). to the public, these matters that are exempt Suite 705, National Science Foundation, Date and Time: March 13–14, 1996; 8:30 under 5 U.S.C. 552b(c) (4) and (6) of the 4201 Wilson Boulevard, Arlington, Virginia am–5:00 pm. Government in the Sunshine Act would be 22230, 703–306–1502. Place: National Science Foundation, 4201 improperly disclosed. Minutes: May be obtained from the contact Wilson Boulevard, Room 1295, Arlington, person listed above. VA 22230. Dated: February 26, 1996. Purpose of Meeting: To provide advice, Type of Meeting: Closed. M. Rebecca Winkler, recommendations, and oversight concerning Contact Person: Gilbert B. Devey, Program Committee Management Officer. support for research, education, and human Director, Biomedical Engineering and [FR Doc. 96–4761 Filed 2–29–96; 8:45 am] resources development in the geosciences. Research to Aid Persons with Disabilities, Agenda: GEO budgetary and operational Division of Bioengineering and BILLING CODE 7555±01±M updates, GEO long-range planning; The role Environmental Systems, National Science of centers in geoscience research and Foundation, 4201 Wilson Boulevard, education, Geoscience education, NSF-wide Arlington, VA 22230, Telephone: (703) 306– Special Emphasis Panel in Elementary, initiatives related to the integration of 1318. Secondary and Informal Education; research and education, NSF-wide Purpose of Meeting: To provide advice and Notice of Meeting operational and management activities, recommendations concerning proposals Issues referred to AC/GEO by subcommittees, submitted to NSF for financial support. In accordance with the Federal Continuation of items from previous meeting. Agenda: To review and evaluate proposals Advisory Committee Act (Pub. L. 92– as part of the selection process for awards. 463, as amended), the National Science Dated: February 26, 1996. Reason for Closing: The proposals being Foundation announces the following M. Rebecca Winkler, reviewed include information of a meeting. Committee Management Officer. proprietary or confidential nature, including [FR Doc. 96–4760 Filed 2–29–96; 8:45 am] technical information; financial data, such as Name and Committee Code: Special Emphasis Panel in Elementary, Secondary BILLING CODE 7555±01±M salaries; and personal information # concerning individuals associated with the and Informal Education ( 59). proposals. These matters are exempt under 5 Date and Time: March 21–22, 1996. U.S.C. 552b(c), (4) and (6) of the Government Place: Room 340 National Science Special Emphasis Panel in in the Sunshine Act. Foundation, 4201 Wilson Boulevard, Geosciences; Notice of Meeting Arlington, VA 22230. Dated: February 26, 1996. Type of Meeting: Closed. In accordance with the Federal M. Rebecca Winkler, Contact Person: Dr. Janice Earle, Program Advisory Committee Act (Pub. L. 92– Committee Management Officer. Director, Division of Elementary, Secondary 463, as amended), the National Science and Informal Education, National Science Foundation announces the following [FR Doc. 96–4762 Filed 2–29–96; 8:45 am] Foundation, 4201 Wilson Blvd., Arlington, BILLING CODE 7555±01±M VA 22230. Telephone: (703) 306–1614. meeting. Purpose of Meeting: To provide advice and Name: Special Emphasis Panel in recommendations concerning proposals Geosciences (1756). Advisory Committee for Computer and submitted to NSF for financial support. Date and Time: March 19, 1996; 8 a.m–5 Information Science and Engineering; Agenda: To review and evaluate proposals p.m. Committee of Visitors; Notice of as part of the selection process for awards. Place: Room #730, 4201 Wilson Blvd., Meeting Reason for Closing: To proposals being Arlington, VA. reviewed include information of a Type of Meeting: Closed. In accordance with the Federal proprietary or confidential nature, including Contact Person: Dr. Michael Mayhew, Advisory Committee Act (Pub. L. 92– technical information; financial data, such as Program Director, Education and Human 463, as amended), the National Science salaries; and personal information Resources Program, Division of Earth concerning individuals associated with the Foundation announces the following Sciences, Room 785, National Science proposals. These matters are exempt under 5 Foundation, 4201 Wilson Blvd., Arlington, meeting. U.S.C. 552b(c) (4) and (6) of the Government VA 22230. Telephone: (703) 306–1557. Name: Advisory Committee for Computer in the Sunshine Act. Purpose of Meeting: To provide advice and and Information Science and Engineering; Dated: February 26, 1996. recommendations concerning proposals Committee of Visitors, NSFNET Program Rebecca M. Winkler, submitted to NSF for financial support. (1115). Committee Management Officer. Agenda: To review and evaluate Date and Time: March 19–20, 1996; 8:30 Postdoctoral Fellowship Panel proposals as a.m. to 5 p.m. each day. [FR Doc. 96–4759 Filed 2–29–96; 8:45 am] part of the selection process for awards. Place: Room 1120, National Science BILLING CODE 7555±01±M Reason for Closing: The proposals being Foundation, 4201 Wilson Blvd, Arlington, reviewed include information of a VA. proprietary or confidential nature, including Type of Meeting: Closed. Advisory Committee for Geosciences technical information; financial data, such as Contact Person: Mr. David A. Staudt, (1755); Notice of Meeting salaries; and personal information Division of NCRI, National Science concerning individuals associated with the Foundation, Rm. 1175, 4201 Wilson In accordance with the Federal proposals. These matters are exempt under 5 Boulevard, Arlington, VA 22230. Telephone: Advisory Committee Act (Pub. L. 92– U.S.C. 552b(c), (4) and (6) of the Government (703) 306–1949. 463, as amended), the National Science in the Sunshine Act. 8080 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices

Dated: February 26, 1996. Purpose of Meeting: To review the MIT submitted a surrogate urine sample M. Rebecca Winkler, subactivity of the LIGO project including the which he had collected on a previous Research and Development, the Detector Committee Management Officer. date and maintained for that purpose. Fabrication, and the Facilities Support. [FR Doc. 96–4757 Filed 2–29–96; 8:45 am] 2. Mr. Bolton admitted that he Evaluate the past activities and assess the provided surrogate urine samples in the BILLING CODE 7555±01±M proposed program through the end of the LIGO construction period (1999) with the past when selected for FFD testing in view toward the long term operations. order to avoid detection of the presence Special Emphasis Panel in Materials Agenda: To review the MIT subactivity of of illegal substances. Research; Notice of Meeting the LIGO project, the past activities and the On October 6, 1995, a Demand for proposed program. Information (DFI) was issued to Mr. In accordance with the Federal Reason for Closing: The Project plans being Bolton based on the findings of the OI Advisory Committee Act (Pub. L. 92– reviewed include information of a investigation. The DFI indicated that 463 as amended), the National Science proprietary or confidential nature, including Mr. Bolton had engaged in deliberate Foundation announces the following technical information; information on misconduct in violation of 10 CFR meetings: personnel and proprietary data for present 50.5(a)(2), in that he provided to the and future subcontracts. These matters are facility licensee information which he Name: Special Emphasis Panel in Materials exempt under 5 U.S.C. 552b(c), (4) and (6) of Research (DMR). the Government in the Sunshine Act. knew to be inaccurate in some respect Date and Time: March 21, 1996, 8:00 pm– material to the NRC. Mr. Bolton’s 5:00 pm. Dated: February 26, 1996. actions also constituted a violation of 10 Place: National Science Foundation, 4201 M. Rebecca Winkler, CFR 50.5(a)(1) in that he deliberately Wilson Boulevard, Room 1020, Arlington, Committee Management Officer. provided a urine sample that he knew VA 22230. [FR Doc. 96–4758 Filed 2–29–96; 8:45 am] to be inaccurate and which, but for Type of Meetings: Closed. Contact Person: Dr. Bruce A. MacDonald, BILLING CODE 7555±01±M detection, would have caused the Program Director, Division of Materials Licensee to be in violation of 10 CFR Research, Room 1065, National Science 50.9, ‘‘Completeness and accuracy of Foundation, 4201 Wilson Blvd, Arlington, NUCLEAR REGULATORY information.’’ VA, 22230, Telephone (703) 306–1835. COMMISSION The DFI requested that Mr. Bolton Purpose of Meetings: To provide advice provide a response, within 30 days from and recommendations concerning proposals [IA 96±009] the date of the DFI, that would: (A) submitted to NSF for financial support. Identify whether he currently is Agenda: To review and evaluate proposals Bolton, Eugene; Order Prohibiting employed by any company subject to submitted to the Faculty Early Career Involvement in NRC-Licensed NRC regulation, and if so, describe in Development (CAREER) Program. Activities (Effective Immediately) Reason for Closing: The proposals being what capacity; and (B) Describe why the reviewed may include information of a I NRC should have confidence that Mr. proprietary or confidential nature, including Bolton will meet NRC requirements to technical information, financial data such as Eugene Bolton (Mr. Bolton) was provide complete and accurate salaries, and personal information employed as a Senior Nuclear information to the NRC and its licensees concerning individuals associated with the Production Technician at the New York in the future. proposal. These matters are exempt under 5 Power Authority (NYPA) (Licensee). The DFI further stated that, if Mr. U.S.C. 552 b. (c)(4) and (6) of the Government Licensee is the holder of License No. Bolton did not respond as specified, the in the Sunshine Act. DPR–64 issued by the Nuclear NRC would proceed on the basis of Dated: February 26, 1996. Regulatory Commission (NRC or available information and could take M. Rebecca Winkler, Commission) pursuant to 10 CFR Part other actions as necessary to ensure Committee Management Officer. 50. The license authorizes the operation compliance with regulatory [FR Doc. 96–4763 Filed 2–29–96; 8:45 am] of Indian Point 3 (facility) in accordance requirements. Although a response to with the conditions specified therein. BILLING CODE 7555±01±M the DFI was due on November 6, 1995, The facility is located on the Licensee’s as of the date of this Order, Mr. Bolton site in Buchanan, New York. has not responded. Special Emphasis Panel in Physics; II III Notice of Meeting On March 10, 1993, the NRC, Region Based on the above, it appears that In accordance with the Federal I, received information from NYPA that Mr. Bolton, an employee of the Licensee Advisory Committee Act (Pub. L. 92– Mr. Bolton had attempted to substitute at the time of the incident, engaged in 463, as amended), the National Science a ‘‘cold’’ [surrogate] urine sample during deliberate misconduct in violation of 10 Foundation announces the following random Fitness-for-Duty (FFD) testing CFR 50.5(a)(2), in that he submitted to meeting. required by NRC regulations, that a the Licensee information which he Name: Special Emphasis Panel in Physics subsequent witnessed sample provided knew to be inaccurate in some respect (#1208). by Mr. Bolton had tested positive for material to the NRC, and 10 CFR Date: March 20–22, 1996. marijuana, that Mr. Bolton had been 50.5(a)(1), in that he deliberately Place: Massachusetts Institute of referred to the Employee Assistance provided a urine sample that he knew Technology, Room 37–252, The Marlar Program, and his authorization for to be inaccurate and which, but for Lounge, 70 Vassar Street, Cambridge, access to the Indian Point 3 facility had detection, would have caused the Massachusetts. been suspended. In response to this facility licensee to be in violation of 10 Type of Meeting: closed. information, NRC initiated an Contact Person: Dr. David Berley, Program CFR 50.9. Manager, Laser Interferometer Gravitational investigation by the Office of The NRC must be able to rely on its Observatory, Physics Division, Room 1015, Investigations (OI) of this matter. The Licensees and their employees to National Science Foundation, 4201 Arlington investigation established that: comply with NRC requirements, Blvd., Arlington, VA 22230. Telephone: (703) 1. When called for a FFD test on including the requirement to provide 306–1892. March 9, 1993, Mr. Bolton knowingly information and maintain records that Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices 8081 are complete and accurate in all Enforcement, U.S. Nuclear Regulatory For the Nuclear Regulatory Commission. material respects. Mr. Bolton’s actions Commission, Washington, DC 20555, James L. Milhoan, in using illegal drugs and attempting to and include a statement of good cause Deputy Executive Director for Nuclear Reactor circumvent FFD requirements have for the extension. The answer may Regulation, Regional Operations, and raised serious doubt as to whether he consent to this Order. Unless the answer Research. can be relied upon to comply with NRC consents to this Order, the answer shall, [FR Doc. 96–4790 Filed 2–29–96; 8:45 am] requirements and to provide complete in writing and under oath or BILLING CODE 7590±01±P and accurate information to the NRC affirmation, specifically admit or deny and its Licensees. Although a DFI was each allegation or charge made in this issued on October 6, 1995, which Order and shall set forth the matters of OFFICE OF THE UNITED STATES provided Mr. Bolton an opportunity to fact and law on which Mr. Bolton or TRADE REPRESENTATIVE describe why the NRC should have other person adversely affected relies confidence that he will meet NRC and the reasons as to why the Order Notice of Agricultural Policy Advisory requirements to provide complete and should not have been issued. Any Committee for Trade and Agricultural Technical Advisory Committees for accurate information to the NRC and its answer or request for a hearing shall be Trade Meetings Licensees in the future, Mr. Bolton has submitted to the Secretary, U.S. Nuclear not responded to the DFI. Consequently, I lack the requisite Regulatory Commission, Attn: Chief, AGENCY: Office of the United States reasonable assurance that: (1) Mr. Docketing and Service Section, Trade Representative. Bolton will conduct any NRC-licensed Washington, DC 20555. Copies also ACTION: Notice. activities in compliance with the shall be sent to the Director, Office of Enforcement, U.S. Nuclear Regulatory SUMMARY: The Agricultural Policy Commission’s requirements; and (2) that Advisory Committee for Trade (APAC) the health and safety of the public will Commission, Washington, DC 20555, to the Assistant General Counsel for and the Agricultural Technical Advisory be protected with Mr. Bolton granted Committees for Trade (ATACs) will unescorted access to NRC-licensed Hearings and Enforcement at the same address, to the Regional Administrator, hold meetings during the period of facilities at this time. Therefore, I find March 1, 1996–June 30, 1996. The NRC Region I, 475 Allendale Road, King that the public health, safety, and meetings will include a review and of Prussia, Pennsylvania 19406, and to interest require that Mr. Bolton be discussion of current issues which Mr. Bolton if the answer or hearing prohibited from seeking unescorted influence U.S. agricultural trade policy request is by a person other than Mr. access to NRC-licensed facilities for five that include, but are not limited to, Bolton. If a person other than Mr. Bolton years from the date of his termination of issues concerning GATT accession unescorted access by NYPA on March 9, requests a hearing, that person shall set negotiations with various countries; 1993. Furthermore, pursuant to 10 CFR forth with particularity the manner in U.S./Mexico bilateral agricultural trade 2.202, I find that the significance of the which his interest is adversely affected issues; U.S./Canada bilateral misconduct described above is such that by this Order and shall address the agricultural trade issues; Chile NAFTA the public health, safety, and interest criteria set forth in 10 CFR 2.714(d). accession negotiations; international require that this Order be immediately If a hearing is requested by Mr. Bolton sanitary and phytosanitary barriers to effective. or a person whose interest is adversely trade; and WTO Uruguay Round IV affected, the Commission will issue an Agreement implementation issues. Order designating the time and place of Pursuant to section 2155(f)(2) of title Accordingly, pursuant to sections any hearing. If a hearing is held, the 19 of the United States Code, the U.S. 103, 161b, 161i, 161o, 182, and 186 of issue to be considered at such hearing Trade Representative has determined the Atomic Energy Act of 1954, as shall be whether this Order should be that these meetings will be concerned amended, and the Commission’s sustained. solely with matters the matters of regulations in 10 CFR 2.202 and 10 CFR disclosure of which would seriously Pursuant to 10 CFR 2.202(c)(2)(i), Mr. 50.5, it is hereby ordered, effective compromise the development by the Bolton, or any other person adversely immediately, that: United States Government of trade Mr. Bolton is prohibited for five years affected by this Order, may, in addition policy priorities, negotiating objectives, from the date of his termination of to demanding a hearing, at the time the bargaining positions. Accordingly, these unescorted access by NYPA on March 9, answer is filed or sooner, move the meetings will be closed to the public. presiding officer to set aside the 1993, from seeking unescorted access to ADDRESSES: The meetings will be held at immediate effectiveness of the Order on facilities licensed by the NRC. the U.S. Department Agriculture, 14th the ground that the Order, including the The Director, OE, may, in writing, and Independence Avenue, SW, relax or rescind any of the above need for immediate effectiveness, is not Washington, D.C. 20250 unless an conditions upon demonstration by Mr. based on adequate evidence but on mere alternate site is necessary. Bolton of good cause. suspicion, unfounded allegations, or FOR FURTHER INFORMATION CONTACT: error. V Clayton Parker, Director of In the absence of any request for In accordance with 10 CFR 2.202, Mr. Intergovernmental Affairs, Office of the hearing, or written approval of an Bolton must, and any other person United States Representative at (202) extension of time in which to request a adversely affected by this Order may, 395–6120 or John B. Winski, Joint submit an answer to this Order, and hearing, the provisions specified in Executive Secretary, Agricultural Policy may request a hearing on this Order, Section IV above shall be final 20 days Advisory Committee for Trade, Foreign within 20 days of the date of this Order. from the date of this Order without Agricultural Services, U.S. Department Where good cause is shown, further order or proceedings. An answer of Agriculture, at (202) 720–6829. consideration will be given to extending or a request for hearing shall not stay Michael Kantor, the time to request a hearing. A request the immediate effectiveness of this United States Trade Representative. for extension of time must be made in order. [FR Doc. 96–4776 Filed 2–29–96; 8:45 am] writing to the Director, Office of Dated: February 23, 1996. BILLING CODE 3190±01±M 8082 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices

OFFICE OF PERSONNEL Office of Personnel Management. issued unless the SEC orders a hearing. MANAGEMENT Lorraine A. Green, Interested persons may request a Deputy Director. hearing by writing to the SEC’s Notice of Intention to Request [FR Doc. 96–9583 Filed 2–29–96; 8:45 am] Secretary and serving applicant with a Reclearance of Information Collection BILLING CODE 6325±01±M copy of the request, personally or by Forms SF 2802, SF 2802B and RI 36± mail. Hearing requests should be 7 received by the SEC by 5:30 p.m. on Federal Salary Council; Meeting March 19, 1996 and should be AGENCY: Office of Personnel accompanied by proof of service on Management. AGENCY: Office of Personnel applicant, in the form of an affidavit or, ACTION: Notice. Management. for lawyers, a certificate of service. ACTION: Notice of meeting. Hearing requests should state the nature SUMMARY: In accordance with the of the writer’s interest, the reason for the Paperwork Reduction Act of 1995 SUMMARY: According to the provisions of request, and the issues contested. (Public Law 104–13, May 22, 1995), this section 10 of the Federal Advisory Persons may request notification of a notice announces that the Office of Committee Act (Pub. L. 92–463), notice hearing by writing to the SEC’s Personnel Management intends to is hereby given that the forty-eighth Secretary. submit to the Office of Management and meeting of the Federal Salary Council Budget a request for reclearance of the will be held at the time and place ADDRESSES: Secretary, SEC, 450 5th following information collections. SF shown below. At the meeting the Street NW., Washington, DC 20549. 2802, Application for Refund of Council will continue discussing issues Applicant, c/o Eric G. Woodbury, Esq., Retirement Deductions (CSRS), SF relating to locality-based comparability 24 Federal Street, Boston, MA 02110. 2802B, Current/Former Spouse’s payments authorized by the Federal FOR FURTHER INFORMATION CONTACT: Notification of Application for Refund Employees Pay Comparability Act of Robert Robertson, Branch Chief, at (202) of Retirement Deductions, and RI 36–7, 1990 (FEPCA). The meeting is open to 942–0564 (Division of Investment Marital Information Required of Refund the public. Management, Office of Investment Company Regulation). Applicants. OPM must have the SF 2802 DATES: March 14, 1996, at 1:00 p.m. SUPPLEMENTARY INFORMATION: The completely filled out and signed before ADDRESSES: Office of Personnel paying a refund of retirement Management, 1900 E Street NW., Room following is a summary of the contributions. SF 2802B must also be 7B09, Washington, DC. application. The complete application may be obtained for a fee at the SEC’s completed if there are spouse(s) or FOR FURTHER INFORMATION CONTACT: Public Reference Branch. former spouse(s) who must be notified Ruth O’Donnell, Chief, Salary Systems of the employee’s intent to take a Division, Office of Personnel Applicant’s Representations refund. RI 36–7 is needed when the SF Management, 1900 E Street NW., Room 1. Applicant is an open-end 2802 is incomplete as to the applicant’s 6H31, Washington, DC 20415–0001, management investment company marital status. (202) 606–2838. organized as a Massachusetts business Approximately 35,000 SF 2802 forms For the President’s Pay Agent. trust. On October 16, 1974, applicant are completed annually. Each form takes registered under the Act, and on the approximately 45 minutes to complete. Lorraine A. Green, same date filed a registration statement The annual estimated burden is 26,250 Deputy Director. pursuant to section 8(b) of the Act and hours. Approximately 31,500 SF 2802B [FR Doc. 96–4582 Filed 2–29–96; 8:45 am] the Securities Act of 1933. The forms are completed annually. Each BILLING CODE 6325±01±M registration statement became effective form takes approximately 15 minutes to on January 27, 1975, and applicant’s complete. The annual estimated burden SECURITIES AND EXCHANGE initial public offering commenced soon is 7,875 hours. Approximately 21,050 RI thereafter. Applicant is a feeder fund in COMMISSION 36–7 forms are completed annually. a master-feeder structure and therefore Each form takes approximately 10 [Investment Company Act Release No. has no investment adviser. minutes to complete. The annual 21774; 811±2534] 2. On June 19, 1995, applicant’s board estimated burden is 3,508 hours. The of trustees approved an Agreement and combined total annual burden is 37,633 Eaton Vance Cash Management Fund; Plan of Reorganization whereby hours. Notice of Application applicant would transfer all of its assets For copies of this proposal, contact Jim February 23, 1996. and liabilities to a corresponding new Farron on (202) 418–3208, or e-mail to AGENCY: Securities and Exchange series of Eaton Vance Government [email protected] Commission (‘‘SEC’’). Obligations Trust (now named Eaton Vance Mutual Funds Trust) (the DATES: Comments on this proposal ACTION: Notice of application for ‘‘Trust’’). The new series is Eaton Vance should be received on or before April deregistration under the Investment Cash Management Fund (the ‘‘Successor 30, 1996. Company Act of 1940 (the ‘‘Act’’). Fund’’). ADDRESSES: Send or deliver comments 3. Pursuant to rule 17a–8, which to Lorraine E. Dettman, Chief, APPLICANT: Eaton Vance Cash governs mergers of certain affiliated Operations Support Division, Management Fund. investment companies, applicant’s Retirement and Insurance Service, U.S. RELEVANT ACT SECTION: Section 8(f). board of directors determined that such Office of Personnel Management, 1900 E SUMMARY OF APPLICATION: Applicant reorganization would be in the best Street, NW, Room 3349, Washington, requests an order declaring that it has interests of applicant and the interests DC 20415. ceased to be an investment company. of applicant’s existing shareholders FILING DATE: FOR INFORMATION REGARDING The application was filed would not be diluted.1 No shareholder ADMINISTRATIVE COORDINATION, CONTACT: on February 8, 1996. Mary Beth Smith-Toomey, Management HEARING OR NOTIFICATION OF HEARING: An 1 Although purchases and sales between affiliated Services Division, (202) 606–0623. order granting the application will be persons generally are prohibited by Section 17(a) of Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices 8083 approval was required by the FILING DATE: The application was filed not be diluted.1 No shareholder Declaration of Trust of applicant or the on February 8, 1996. approval was required by the Trust, or by applicable law. HEARING OR NOTIFICATION OF HEARING: An Declaration of Trust of applicant or the 4. On August 31, 1995, applicant order granting the application will be Trust, or by applicable law. transferred all of the assets and issued unless the SEC orders a hearing. 4. On November 3, 1995, applicant liabilities to the Successor Fund. Interested persons may request a transferred all of its assets and liabilities Shareholders in applicant received hearing by writing to the SEC’s to the Fund. Shareholders in the shares of beneficial interest of the Secretary and serving applicant with a applicant received shares of beneficial Successor Fund equal in value to their copy of the request, personally or by interest of the Fund equal in value to shares in the applicant in complete mail. Hearing requests should be their shares in applicant in complete liquidation and dissolution of applicant. received by the SEC by 5:30 p.m. on liquidation and dissolution of applicant. Specifically, in exchange for March 19, 1996 and should be Specifically, in exchange for $128,833,538 of assets transferred to the accompanied by proof of service on $23,814,445 of assets transferred to the Successor Fund, applicant issued applicant, in the form of an affidavit or, Fund applicant issued 2,027,296 shares 128,833,538 shares of beneficial interest. for lawyers, a certificate of service. of beneficial interest. No brokerage No brokerage commissions were paid as Hearing requests should state the nature commissions were paid as a result of the a result of the exchange. of the writer’s interest, the reason for the exchange. 5. The applicant and the Successor request, and the issues contested. 5. Applicant assumed all expenses in Fund each assumed its own expenses in Persons may request notification of a connection with the reorganization. connection with the reorganization. hearing by writing to the SEC’s Such expenses were approximately Such expenses included, but were not Secretary. $30,644 and included, but were not limited to legal fees, registration fees ADDRESSES: Secretary, SEC, 450 5th limited to legal fees and registration and printing expenses. Street NW., Washington, D.C. 0549. fees. 6. At the time of the filing of the 6. At the time of the filing of the Applicant, c/o Eric G. Woodbury, Esq., application, applicant had no assets or application, applicant had no assets or 24 Federal Street, Boston, MA 02110. liabilities and was not a party to any liabilities and was not a party to any FOR FURTHER INFORMATION CONTACT: litigation or administrative proceeding litigation or administrative proceeding Robert Robertson, Branch Chief, at (202) and had no shareholders. Applicant is and had no shareholders. Applicant is 942–0564 (Division of Investment neither engaged, nor does it propose to neither engaged, nor does it propose to Management, Office of Investment engage, in any business activities other engage, in any business activities other Company Regulation). than those necessary for the winding-up than those necessary for the winding-up SUPPLEMENTARY INFORMATION: The of its affairs. of its affairs. following is a summary of the For the Commission, by the Division of For the Commission, by the Division of application. The complete application Investment Management, pursuant to Investment Management, pursuant to may be obtained for a fee at the SEC’s delegated authority. delegated authority. Public Reference Branch. Margaret H. McFarland, Margaret H. McFarland, Applicant’s Representations Deputy Secretary. Deputy Secretary. [FR Doc. 96–4731 Filed 2–9–96; 8:45 am] [FR Doc. 96–4738 Filed 2–29–96; 8:45 am] 1. Applicant is an open-end BILLING CODE 8010±01±M BILLING CODE 8010±01±M management investment company organized as a Massachusetts business trust. On August 11, 1987, applicant [Investment Company Act Release No. [Investment Company Act Release No. 178; registered under the Act, and filed a 21777; 811±6157] 811±5453] registration statement pursuant to section 8(b) of the Act and the Securities Eaton Vance Investment Fund, Inc.; Eaton Vance Equity-Income Trust; Act of 1933. The registration statement Notice of Application Notice of Application became effective on October 20, 1987, February 23, 1996. and applicant’s initial public offering February 3, 1996. AGENCY: Securities and Exchange commenced soon thereafter. Applicant AGENCY: Securities and Exchange Commission (‘‘SEC’’). is a feeder fund in a master-feeder Commission (‘‘SEC’’). ACTION: structure and therefore has no Notice of application for ACTION: Notice of application for investment adviser. deregistration under the Investment deregistration under the Investment 2. On August 7, 1995, applicant’s Company Act of 1940 (the ‘‘Act’’). Company Act of 1940 (the ‘‘Act’’). board of trustees approved an APPLICANT: Eaton Vance Investment Agreement and Plan of Reorganization APPLICANT: Eaton Vance Equity-Income Fund, Inc. whereby applicant would transfer all of Trust. RELEVANT ACT SECTION: Section 8(f). its assets and liabilities to EV Marathon SUMMARY OF APPLICATION: Applicant RELEVANT ACT SECTION: Section 8(f). Total Return Fund (the ‘‘Fund’’) a series requests an order declaring that it has SUMMARY OF APPLICATION: Applicant of Eaton Vance Special Investment Trust ceased to be an investment company. requests an order declaring that it has (the ‘‘Trust’’). ceased to be an investment company. 3. Pursuant to rule 17a–8, which 1 Although purchases and sales between affiliated governs mergers of certain affiliated persons generally are prohibited by Section 17(a) of the Act, rule 17a–8 provides an exemption for investment companies, applicant’s the Act, rule 17a–8 provides an exemption for certain purchases and sales among investment trustees determined that the certain purchases and sales among investment companies that are affiliated persons of one another companies that are affiliated persons of one another solely by reason of having a common investment reorganization was in the best interests solely by reason of having a common investment adviser, common trustees, and/or common officers. of applicant and the interests of adviser, common trustees, and/or common officers. Applicant and the Trust may be deemed to be applicant’s existing shareholders would Applicant and the Trust may be deemed to be affiliated persons of each other by reason of having affiliated persons of each other by reason of having common trustees and officers, and therefore may common trustees and officers, and therefore may rely on the rule. rely on the rule. 8084 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices

FILING DATE: The application was filed Marathon Strategic Fund (together, the [Investment Company Act Release No. on February 8, 1996. ‘‘Successor Funds’’). 21780; 811±8] HEARING OR NOTIFICATION OF HEARING: An 3. Pursuant to rule 17a–8, which governs mergers of certain affiliated Eaton Vance Investors Trust; Notice of order granting the application will be Application issued unless the SEC orders a hearing. investment companies, applicant’s Interested persons may request a board of directors determined that such February 23, 1996. hearing by writing to the SEC’s reorganizations would be in the best AGENCY: Securities and Exchange Secretary and serving applicant with a interests of applicant and the interests Commission (‘‘SEC’’). of applicant’s existing shareholders copy of the request, personally or by ACTION: Notice of application for would not be diluted.1 mail. Hearing requests should be deregistration under the Investment 4. Applicant filed its preliminary received by the SEC by 5:30 p.m. on Company Act of 1940 (the ‘‘Act’’). March 19, 1996 and should be proxy materials on Form N–14 with the accompanied by proof of service on SEC on June 29, 1995 and filed APPLICANT: Eaton Vance Investors Trust. definitive copies of its proxy materials applicant, in the form of an affidavit or, RELEVANT ACT SECTION: Section 8(f). on July 18, 1995. EV Marathon Strategic for lawyers, a certificate of service. SUMMARY OF APPLICATION: Applicant Hearing requests should state the nature Income Fund’s shareholders approved the Plan at a meeting held on August 31, requests an order declaring that it has of the writer’s interest, the reason for the ceased to be an investment company. request, and the issues contested. 1995, and the sole shareholder of EV Classic Strategic Income Fund approved FILING DATE: The application was filed Persons may request notification of a on February 08, 1996. hearing by writing to the SEC’s its Plan. HEARING OR NOTIFICATION OF HEARING: An Secretary. 5. On October 31, 1995, applicant transferred all of its assets and liabilities order granting the application will be ADDRESSES: Secretary, SEC, 450 5th of the Funds to their corresponding issued unless the SEC orders a hearing. Street NW., Washington, D.C. 20549. Successor Funds. Shareholders in the Interested persons may request a Applicant, c/o Eric G. Woodbury, Esq., Funds received shares of beneficial hearing by writing to the SEC’s 24 Federal Street, Boston, MA 02110. interest of each Successor Fund equal in Secretary and serving applicant with a FOR FURTHER INFORMATION CONTACT: value to their shares in a Fund in copy of the request, personally or by Robert Robertson, Branch Chief, at (202) complete liquidation and dissolution of mail. Hearing requests should be 942–0564 (Division of Investment applicant. Specifically, in exchange for received by the SEC by 5:30 p.m. on Management, Office of Investment $11,407 and $150,878,362, respectively March 19, 1996 and should be Company Regulation). of assets transferred to New Classic accompanied by proof of service on SUPPLEMENTARY INFORMATION: The Strategic and New Marathon Strategic, applicant, in the form of an affidavit or, following is a summary of the the Trust, on behalf of each Successor for lawyers, a certificate of service. application. The complete application Fund, issued 1,006 and 17,756,597 Hearing requests should state the nature may be obtained for a fee at the SEC’s shares. No brokerage commissions were of the writer’s interest, the reason for the Public Reference Branch. paid as a result of the exchange. request, and the issues contested. 6. Each Fund and each Successor Persons may request notification of a Applicant’s Representations Fund assumed its own expenses in hearing by writing to the SEC’s 1. Applicant is an open-end connection with the reorganization. Secretary. management investment company Such expenses included, but were not ADDRESSES: Secretary, SEC, 450 5th organized as a Maryland business limited to legal fees, registration fees Street NW., Washington, D.C. 20549. corporation. On August 22, 1990, and printing expenses. Applicant, c/o Eric G. Woodbury, Esq., applicant registered under the Act, and 7. At the time of the filing of the 24 Federal Street, Boston, MA 02110. on August 23, 1990 filed a registration application, applicant had no assets or FOR FURTHER INFORMATION CONTACT: statement pursuant to section 8(b) of the liabilities and was not a party to any Robert Robertson, Branch Chief, at (202) Act and the Securities Act of 1933. The litigation or administrative proceeding 942–0564 (Division of Investment registration statement became effective and had no shareholders. Applicant is Management, Office of Investment on November 20, 1990, and applicant’s neither engaged, nor does it propose to Company Regulation). engage, in any business activities other initial public offering commenced soon SUPPLEMENTARY INFORMATION: The thereafter. Applicant consists of two than those necessary for the winding-up of its affairs. following is a summary of the series, EV Classic Strategic Income Fund application. The complete application (‘‘Classic Strategic’’) and EV Marathon For the Commission, by the Division of may be obtained for a fee at the SEC’s Strategic Income Fund (‘‘Marathon Investment Management, pursuant to Public Reference Branch. Strategic’’) (collectively the ‘‘Funds’’). delegated authority. Applicant’s series are feeder funds in a Margaret H. McFarland, Applicant’s Representations master-feeder structure and therefore Deputy Secretary. 1. Applicant is an open-end have no investment adviser. [FR Doc. 96–4736 Filed 2–29–96; 8:45 am] management investment company 2. On June 19, 1995, applicant’s board BILLING CODE 8010±01±M organized as a Massachusetts business of trustees approved an Agreement and trust. On June 24, 1946, applicant Plan of Reorganization whereby 1 Although purchases and sales between affiliated registered under the Act, and filed a applicant would transfer all of the assets persons generally are prohibited by Section 17(a) of registration statement pursuant to the Act, rule 17a-8 provides an exemption for and liabilities of Classic Strategic and certain purchases and sales among investment section 8(b) of the Act and the Securities Marathon Strategic to a corresponding companies that are affiliated persons of one another Act of 1933. The registration statement new series of Eaton Vance Government solely by reason of having a common investment became effective on July 26, 1946, and Obligations Trust (now named Eaton adviser, common trustees, and/or common officers. applicant’s initial public offering Applicant and the Trust may be deemed to be Vance Mutual Funds Trust) (the affiliated persons of each other by reason of having commenced soon thereafter. Applicant ‘‘Trust’’). These new series are EV common trustees and officers, and therefore may consists of three series, EV Classic Classic Strategic Income Fund and EV rely on the rule. Investors Fund (‘‘Classic Investors’’), EV Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices 8085

Marathon Investors Fund (‘‘Marathon liabilities and was not a party to any may be obtained for a fee at the SEC’s Investors’’) and EV Traditional Investors litigation or administrative proceeding Public Reference Branch. Fund (‘‘Traditional Investors’’) and had no shareholders. Applicant is Applicant’s Representations (collectively the ‘‘Funds’’). Applicant’s neither engaged, nor does it propose to series are feeder funds in a master- engage, in any business activities other 1. Applicant is an open-end feeder structure and therefore have no than those necessary for the winding up management investment company investment adviser. of its affairs. organized as a Massachusetts business 2. On June 19, 1995, applicant’s board trust. On May 20, 1987, applicant For the Commission, by the Division of registered under the Act, and filed a of trustees approved an Agreement and Investment Management, pursuant to Plan of Reorganization for each Fund delegated authority. registration statement pursuant to section 8(b) of the Act and the Securities whereby applicant would transfer all of Margaret H. McFarland, the assets and liabilities of Classic Act of 1933. The registration statement Deputy Secretary. Investors, Marathon Investors and became effective on May 28, 1987, and Traditional Investors to a corresponding [FR Doc. 96–4733 Filed 2–29–96; 8:45 am] applicant’s initial public offering new series of Eaton Vance Special BILLING CODE 8010±01±M commenced soon thereafter. Applicant Investment Trust (the ‘‘Trust’’). These consists of two series, Eaton Vance new series are EV Classic Investors [Investment Company Act Release No. Liquid Assets Fund (‘‘Liquid Assets’’) Fund, EV Marathon Investors Fund and 21781; 811±5176] and Eaton Vance Money Market Fund EV Traditional Investors Fund (together, (‘‘Money Market Fund’’) (collectively the ‘‘Successor Funds’’). Eaton Vance Liquid Asset Trust; the ‘‘Funds’’). Applicant’s series are 3. Pursuant to rule 17a–8, which Notice of Application feeder funds in a master-feeder structure governs mergers of certain affiliated and therefore have no investment investment companies, applicant’s February 23, 1996. adviser. trustees determined that the AGENCY: Securities and Exchange 2. On June 19, 1995, applicant’s board reorganization was in the best interests Commission (‘‘SEC’’). of trustees approved an Agreement and of applicant and the interests of ACTION: Notice of application for Plan of Reorganization for each Fund applicant’s existing shareholders would deregistration under the Investment whereby applicant would transfer all of not be diluted.1 No shareholder Company Act of 1940 (the ‘‘Act’’). the assets and liabilities of Liquid approval was required by the Assets and Money Market Fund to a APPLICANT: Declaration of Trust of applicant or the Eaton Vance Liquid Assets corresponding new series of Eaton Trust, or by applicable law. Trust. Vance Government Obligations Trust 4. On July 31, 1995, applicant RELEVANT ACT SECTION: Section 8(f). (now named Eaton Vance Mutual Funds transferred all of the assets and SUMMARY OF APPLICATION: Applicant Trust) (the ‘‘Trust’’). These new series liabilities of the Funds to their requests an order declaring that it has are Eaton Vance Liquid Assets Fund and corresponding Successor Funds. ceased to be an investment company. Eaton Vance Money Market Fund Shareholders in the Funds received FILING DATE: The application was filed (together, the ‘‘Successor Funds’’). shares of beneficial interest of each on February 08, 1996. 3. Pursuant to rule 17a–8, which governs mergers of certain affiliated Successor Fund equal in value to their HEARING OR NOTIFICATION OF HEARING: An shares in the appropriate Fund in order granting the application will be investment companies, applicant’s complete liquidation and dissolution of issued unless the SEC orders a hearing. trustees determined that the applicant. Specifically, in exchange for Interested persons may request a reorganization was in the best interests $5,277,910, $22,828,748 and hearing by writing to the SEC’s of applicant and the interests of $222,844,596, respectively of assets applicant’s existing shareholders would Secretary and serving applicant with a 1 transferred to new Classic Total Return, copy of the request, personally or by not be diluted. No shareholder New Marathon Total Return and New mail. Hearing requests should be approval was required by the Traditional Total Return, the Trust, on received by the SEC by 5:30 p.m. on Declaration of Trust of applicant or the behalf of each Successor Fund, issued March 19, 1996 and should be Trust, or by applicable law. 4. On August 31, 1995, applicant 479,374, 2,072,701 and 28,231,149 accompanied by proof of service on transferred all of the assets and shares, respectively, of beneficial applicant, in the form of an affidavit or, liabilities of the Funds to their interest. No brokerage commissions for lawyers, a certificate of service. corresponding Successor Funds. were paid as a result of the exchange. Hearing requests should state the nature Shareholders in the Funds received 5. Each Fund and each Successor of the writer’s interest, the reason for the shares of beneficial interest of each Fund assumed its own expenses in request, and the issues contested. Successor Fund equal in value to their connection with the reorganization. Persons may request notification of a shares in the appropriate Fund in Such expenses included, but were not hearing by writing to the SEC’s complete liquidation and dissolution of limited to, legal fees, registration fees Secretary. and printing expenses. applicant. Specifically, in exchange for 6. At the time of the filing of the ADDRESSES: Secretary, SEC, 450 5th $40,734,914 and $11,991,558, application, applicant had no assets or Street NW., Washington, DC 20549. respectively of assets transferred to New Applicant, c/o Eric G. Woodbury, Esq., 1 Although purchases and sales between affiliated 24 Federal Street, Boston, MA 02110. 1 Although purchases and sales between affiliated persons generally are prohibited by Section 17(a) of FOR FURTHER INFORMATION CONTACT: persons generally are prohibited by Section 17(a) of the Act, rule 17a–8 provides an exemption for Robert Robertson, Branch Chief, at (202) the Act, rule 17a–8 provides an exemption for certain purchases and sales among investment certain purchases and sales among investment companies that are affiliated persons of one another 942–0564 (Division of Investment companies that are affiliated persons of one another solely by reason of having a common investment Management, Office of Investment solely by reason of having a common investment adviser, common trustees, and/or common officers. Company Regulation). adviser, common trustees, and/or common officers. Applicant and the Trust may be deemed to be SUPPLEMENTARY INFORMATION: Applicant and the Trust may be deemed to be affiliated persons of each other by reason of having The affiliated persons of each other by reason of having common trustees and officers, and therefore may following is a summary of the common trustees and officers, and therefore may rely on the rule. application. The complete application rely on the rule. 8086 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices

Liquid Assets and New Money Market hearing by writing to the SEC’s approval was required by the Fund, the Trust, on behalf of each Secretary. Declaration of Trust of applicant or the Successor Fund, issued 40,734,914 and ADDRESSES: Secretary, SEC, 450 5th Trust, or by applicable law. 11,991,558 shares, respectively, of Street NW., Washington, D.C. 20549. 4. On July 31, 1995, applicant beneficial interest. No brokerage Applicant, c/o Eric G. Woodbury, Esq., transferred all of the assets and commissions were paid as a result of the 24 Federal Street, Boston, MA 02110. liabilities of the Funds to their exchange. FOR FURTHER INFORMATION CONTACT: corresponding Successor Funds. 5. Each Fund and each Successor Robert Robertson, Branch Chief, at (202) Shareholders in the Funds received Fund assumed its own expenses in 942–0564 (Division of Investment shares of beneficial interest of each connection with the reorganization. Management, Office of Investment Successor Fund equal in value to their Such expenses included, but were not Company Regulation). shares in a Fund in complete limited to legal fees and registration liquidation and dissolution of applicant. SUPPLEMENTARY INFORMATION: The fees. following is a summary of the Specifically, in exchange for $860,560, 6. At the time of the filing of the application. The complete application $4,029,963 and $95,421,833, application, applicant had no assets or may be obtained for a fee at the SEC’s respectively of assets transferred to New liabilities and was not a party to any Public Reference Branch. Classic Stock, New Marathon Stock and litigation or administrative proceeding New Traditional Stock, the Trust, on and had no shareholders. Applicant is Applicant’s Representations behalf of each Successor Fund, issued neither engaged, nor does it propose to 1. Applicant is an open-end 73,138, 350,279 and 7,296,249 shares. engage, in any business activities other management investment company No brokerage commissions were paid as than those necessary for the winding-up organized as a Massachusetts business a result of the exchange. of its affairs. trust. On July 12, 1941, applicant 5. Each Fund and each Successor For the Commission, by the Division of registered under the Act, and on January Fund assumed its own expenses in Investment Management, pursuant to 31, 1955 filed a registration statement connection with the reorganization. delegated authority. pursuant to section 8(b) of the Act and Such expenses included, but were not Margaret H. McFarland, the Securities Act of 1933. The limited to legal fees, registration fees Deputy Secretary. registration statement became effective and printing expenses. [FR Doc. 96–4732 Filed 2–29–96; 8:45 am] on February 15, 1955, and applicant’s 6. At the time of the filing of the application, applicant had no assets or BILLING CODE 8010±01±M initial public offering commenced soon thereafter. Applicant consists of three liabilities and was not a party to any series, EV Classic Stock Fund (‘‘Classic litigation or administrative proceeding [Investment Company Act Release No. Stock’’), EV Marathon Stock Fund and had no shareholders. Applicant is 21776; 811±161] (‘‘Marathon Stock’’) and EV Traditional neither engaged, nor does it propose to engage, in any business activities other Eaton Vance Securities Trust Stock Fund (‘‘Traditional Stock’’) (collectively the ‘‘Funds’’). Applicant’s than those necessary for the winding-up February 23, 1996. series are feeder funds in a master- of its affairs. AGENCY: Securities and Exchange feeder structure and therefore have no For the Commission, by the Division of Commission (‘‘SEC’’). investment adviser. Investment Management, pursuant to delegated authority. ACTION: Notice of application for 2. On June 19, 1995, applicant’s board deregistration under the Investment of trustees approved an Agreement and Margaret H. McFarland, Company Act of 1940 (the ‘‘Act’’). Plan of Reorganization for each fund Deputy Secretary. whereby applicant would transfer all of [FR Doc. 96–4737 Filed 2–29–96; 8:45 am] APPLICANT: Eaton Vance Securities the assets and liabilities of Classic BILLING CODE 8010±01±M Trust. Stock, Marathon Stock and Traditional RELEVANT ACT SECTION: Section 8(f). Stock to a corresponding new series of Eaton Vance Special Investment Trust [Investment Company Act Release No. SUMMARY OF APPLICATION: Applicant (the ‘‘Trust’’). These new series are EV 21775; 811±3226] requests an order declaring that is has Classic Stock Fund, EV Marathon Stock ceased to be an investment company. Eaton Vance Tax Free Reserves; Fund and EV Traditional Stock Fund Notice of Application FILING DATE: The application was filed (together, the ‘‘Successor Funds’’). on February 8, 1996. 3. Pursuant to rule 17a–8, which February 23, 1996. HEARING OR NOTIFICATION OF HEARING: An governs mergers of certain affiliated AGENCY: Securities and Exchange order granting the application will be investment companies, applicant’s Commission (‘‘SEC’’). issued unless the SEC orders a hearing. board of directors determined that such ACTION: Notice of Application for Interested persons may request a reorganizations would be in the best Deregistration under the Investment hearing by writing to the SEC’s interests of applicant and the interests Company Act of 1940 (the ‘‘Act’’). Secretary and serving applicant with a of applicant’s existing shareholders copy of the request, personally or by would not be diluted.1 No shareholder APPLICANT: Eaton Vance Tax Free mail. Hearing requests should be Reserves. 1 Although purchases and sales between affiliated received by the SEC by 5:30 p.m. on RELEVANT ACT SECTION: Section 8(f). March 19, 1996 and should be persons generally are prohibited by Section 17(a) of the Act, rule 17a–8 provides an exemption for SUMMARY OF APPLICATION: Applicant accompanied by proof of service on certain purchases and sales among investment applicant, in the form of an affidavit or, requests an order declaring that it has companies that are affiliated persons of one another ceased to be an investment company. for lawyers, a certificate of service. solely by reason of having a common investment Hearing requests should state the nature adviser, common trustees, and/or common officers. FILING DATE: The application was filed Applicant and the Trust may be deemed to be on February 08, 1996. of the writer’s interest, the reason for the affiliated persons of each other by reason of having request, and the issues contested. common trustees and officers, and therefore may HEARING OR NOTIFICATION OF HEARING: An Persons may request notification of a rely on the rule. order granting the application will be Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices 8087 issued unless the SEC orders a hearing. approval was required by the HEARING OR NOTIFICATION OF HEARING: An Interested persons may request a Declaration of Trust of applicant or the order granting the application will be hearing by writing to the SEC’s Trust or by applicable law. issued unless the SEC orders a hearing. Secretary and serving applicant with a 4. On August 31, 1995, applicant Interested persons may request a copy of the request, personally or by transferred all of the assets and hearing by writing to the SEC’s mail. Hearing requests should be liabilities to the Successor Fund. Secretary and serving applicant with a received by the SEC by 5:30 p.m. on Shareholders in the applicant received copy of the request, personally or by March 19, 1996 and should be shares of beneficial interest of the mail. Hearing requests should be accompanied by proof of service on Successor Fund equal in value to their received by the SEC by 5:30 p.m. on applicant, in the form of an affidavit or, shares in the applicant in complete March 19, 1996 an should be for lawyers, a certificate of service. liquidation and dissolution of applicant. accompanied by proof of service on Hearing requests should state the nature Specifically, in exchange for applicant, in the form of an affidavit or, of the writer’s interest, the reason for the $52,556,898 of assets transferred to the for lawyers, a certificate of service. request, and the issues contested. Successor Fund, applicant issued Hearing requests should state the nature Persons may request notification of a 52,556,898 shares of beneficial interest. of the writer’s interest, the reason for the hearing by writing to the SEC’s No brokerage commissions were paid as request, and the issues contested. Secretary. a result of the exchange. Persons may request notification of a ADDRESSES: Secretary, SEC, 450 5th 5. The applicant and the Successor hearing by writing to the SEC’s Street, NW., Washington, DC 20549. Fund each assumed its own expenses in Secretary. Applicant, c/o Eric G. Woodbury, Esq., connection with the reorganization. ADDRESSES: Secretary, SEC, 450 5th 24 Federal Street, Boston, MA 02110. Such expenses included, but were not Street, N.W., Washington, D.C. 20549. FOR FURTHER INFORMATION CONTACT: limited to legal fees, registration fees Applicant, c/o Eric G. Woodbury, Esq., Robert Robertson, Branch Chief, at (202) and printing expenses. 24 Federal Street, Boston, MA 02110. 6. At the time of the filing of the 942–0564 (Division of Investment FOR FURTHER INFORMATION CONTACT: Management, Office of Investment application, applicant had no assets or Robert Robertson, Branch Chief, at (202) Company Regulation). liabilities and was not a party to any 942–0564 (Division of Investment litigation or administrative proceeding SUPPLEMENTARY INFORMATION: The Management, Office of Investment following is a summary of the and had no shareholders. Applicant is Company Regulation). neither engaged, nor does it propose to application. The complete application SUPPLEMENTARY INFORMATION: engage, in any business activities other The may be obtained for a fee at the SEC’s following is a summary of the Public Reference Branch. than those necessary for the winding-up of its affairs. application. The complete application Applicant’s Representations may be obtained for a fee at the SEC’s For the Commission, by the Division of Public Reference Branch. 1. Applicant is an open-end Investment Management, pursuant to management investment company delegated authority. Applicant’s Representations organized as a Massachusetts business Margaret H. McFarland, 1. Applicant is an open-end trust. On July 15, 1981, applicant Deputy Secretary. management investment company registered under the Act, and on the [FR Doc. 96– 4739 Filed 2–29–96; 8:45 am] organized as a Massachusetts business same date filed a registration statement BILLING CODE 8010±01±M trust. On October 9, 1981, applicant pursuant to section 8(b) of the Act and registered under the Act, and filed a the Securities Act of 1933. The registration statement pursuant to registration statement became effective [Investment Company Act Release No. section 8(b) of the Act and the Securities 21779; 811±3283] on November 24, 1982, and applicant’s Act of 1933. The registration statement initial public offering commenced soon Eaton Vance Total Return Trust; Notice became effective on November 13, 1981, thereafter. of Application and applicant’s initial public offering 2. On June 19, 1995, applicant’s board commenced soon thereafter. Applicant of trustees approved an Agreement and February 23, 1996. consists of three series, EV Classic Total Plan of Reorganization whereby AGENCY: Securities and Exchange Return Fund (‘‘Classic Total Return’’), applicant would transfer all of its assets Commission (‘‘SEC’’). EV Marathon Investors Fund and liabilities to a corresponding new ACTION: Notice of Application for (‘‘Marathon Total Return’’) and EV series of Eaton Vance Government Deregistration under the Investment Traditional Total Return Fund Obligations Trust (now named Eaton Company Act of 1940 (the ‘‘Act’’). (‘‘Traditional Total Return’’) Vance Mutual Funds Trust) (the (collectively the ‘‘Funds’’). Applicant’s ‘‘Trust’’). The new series is Eaton Vance APPLICANT: Eaton Vance Total Return series are feeder funds in a master- Tax Free Reserves (the ‘‘Successor Trust. feeder structure and therefore have no Fund’’). RELEVANT ACT SECTION: Section 8(f). investment adviser. 3. Pursuant to rule 17a–8, which SUMMARY OF APPLICATION: Applicant 2. On June 19, 1995, applicant’s board governs mergers of certain affiliated requests an order declaring that it has of trustees approved an Agreement and investment companies, applicant’s ceased to be an investment company. Plan of Reorganization for each Fund board of directors determined that such FILING DATE: whereby applicant would transfer all of reorganization would be in the best The application was filed on February 08, 1996. the assets and liabilities of Classic Total interests of applicant and the interests Return, Marathon Total Return and of applicant’s existing shareholders Traditional Total Return to a 1 companies that are affiliated persons of one another would not be diluted. No shareholder solely by reason of having a common investment corresponding new series of Eaton adviser, common trustees, and/or common offices. Vance Special Investment Trust (the 1 Although purchases and sales between affiliated Applicant and the Trust may be deemed to be persons generally are prohibited by Section 17(a) of affiliated persons of each other by reason of having ‘‘Trust’’). These new series are EV the Act, rule 17a–8 provides an exemption for common trustees and officers, and therefore may Classic Total Return Fund, EV Marathon certain purchases and sales among investment rely on the rule. Total Return Fund and EV Traditional 8088 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices

Total Return Fund (together, the [Investment Company Act Release No. Plan of Reorganization whereby ‘‘Successor Funds’’). 21778; 811±5272] applicant would transfer all of its assets 3. Pursuant to rule 17a–8, which and liabilities to a corresponding new EV Marathon Gold & Natural series of Eaton Vance Growth Trust (the governs mergers of certain affiliated Resources Fund; Notice of Application investment companies, applicant’s ‘‘Trust’’). The new series is EV Marathon Gold and Natural Resources trustees determined that the February 23, 1996. Fund (the ‘‘Successor Fund’’). reorganization was in the best interests AGENCY: Securities and Exchange Commission (‘‘SEC’’). 3. Pursuant to rule 17a–8, which of applicant and the interests of governs mergers of certain affiliated ACTION: Notice of Application for applicant’s existing shareholders would investment companies, applicant’s not be diluted.1 No shareholder Deregistration under the Investment Company Act of 1940 (the ‘‘Act’’). trustees determined that the approval was required by the reorganization was in the best interests Declaration of Trust of applicant or the APPLICANT: EV Marathon Gold & Natural of applicant and the interests of Trust, or by applicable law. Resources Fund. applicant’s existing shareholders would 4. On July 31, 1995, applicant RELEVANT ACT SECTION: Section 8(f). not be diluted.1 transferred all of the assets and SUMMARY OF APPLICATION: Applicant 4. Applicant filed its preliminary liabilities of the Funds to their requests an order declaring that it has proxy materials on Form N–14 with the corresponding Successor Funds. ceased to be an investment company. SEC on June 28, 1995 and filed definitive copies of its proxy materials Shareholders in the Funds received FILING DATE: The application was filed on July 18, 1995. Applicant’s shares of beneficial interest of each on February 8, 1996. Successor Fund equal in value to their shareholders approved the Plan at a HEARING OR NOTIFICATION OF HEARING: An meeting held on August 30, 1995. No shares in the appropriate Fund in order granting the application will be complete liquidation and dissolution of shareholder approval was required by issued unless the SEC orders a hearing. the Declaration of Trust of applicant or applicant. Specifically, in exchange for Interested persons may request a $5,443,056, $29,878,953 and the Trust, or by applicable law. hearing by writing to the SEC’s 5. On August 31, 1995, applicant $438,492,388, respectively of assets Secretary and serving applicant with a transferred all of its assets and liabilities transferred to New Classic Total Return, copy of the request, personally or by to the Successor Fund. Shareholders in New Marathon Total Return and New mail. Hearing requests should be the applicant received shares of Traditional Total Return, the Trust, on received by the SEC by 5:30 p.m. on beneficial interest of the Successor Fund behalf of each Successor Fund, issued March 19, 1996 and should be equal in value to their shares in 595,351, 3,299,729 and 52,639,765 accompanied by proof of service on applicant in complete liquidation and shares, respectively, of beneficial applicant, in the form of an affidavit or, dissolution of applicant. Specifically, in interest. No brokerage commissions for lawyers, a certificate of service. exchange for $15,246,776 of assets were paid as a result of the exchange. Hearing requests should state the nature transferred to the Fund applicant issued 5. Each Fund and each Successor of the writer’s interest, the reason for the 928,590 shares of beneficial interest. No Fund assumed its own expenses in request, and the issues contested. brokerage commissions were paid as a connection with the reorganization. Persons may request notification of a result of the exchange. Such expenses included, but were not hearing by writing to the SEC’s 5. Applicant assumed all expenses in limited to, legal fees, registration fees Secretary. connection with the reorganization. and printing expenses. ADDRESSES: Secretary, SEC, 450 5th Such expenses were included, but were Street, NW., Washington, DC 20549. not limited to legal fees, registration fees 6. At the time of the filing of the Applicant, c/o Eric G. Woodbury, Esq., and printing expenses. application, applicant had no assets or 24 Federal Street, Boston, MA 02110. 6. At the time of the filing of the liabilities and was not a party to any FOR FURTHER INFORMATION CONTACT: application, applicant had no assets or litigation or administrative proceeding Robert Robertson, Branch Chief, at (202) liabilities and was not a party to any and had no shareholders. Applicant is 942–0564 (Division of Investment litigation or administrative proceeding neither engaged, nor does it propose to Management, Office of Investment and had no shareholders. Applicant is engage, in any business activities other Company Regulation). neither engaged, nor does it propose to than those necessary for the winding-up SUPPLEMENTARY INFORMATION: The engage, in any business activities other of its affairs. following is a summary of the than those necessary for the winding-up For the Commission, by the Division of application. The complete application of its affairs. Investment Management, pursuant to may be obtained for a fee at the SEC’s For the Commission, by the Division of delegated authority. Public Reference Branch. Investment Management, pursuant to delegated authority. Margaret H. McFarland, Applicant’s Representations Margaret H. McFarland, Deputy Secretary. 1. Applicant is an open-end Deputy Secretary. [FR Doc. 96–4734 Filed 2–29–96; 8:45 am] management investment company [FR Doc. 96–4735 Filed 2–29–96; 8:45 am] BILLING CODE 8010±01±M organized as a Massachusetts business BILLING CODE 8010±01±M trust. On August 7, 1987, applicant 1 Although purchases and sales between affiliated registered under the Act, and filed a 1 Although purchases and sales between affiliated persons generally are prohibited by Section 17(a) of registration statement pursuant to persons generally are prohibited by Section 17(a) of the Act, rule 17a–8 provides an exemption for section 8(b) of the Act and the Securities the Act, rule 17a–8 provides an exemption for certain purchases and sales among investment certain purchases and sales among investment companies that are affiliated persons of one another Act of 1933. The registration statement companies that are affiliated persons of one another solely by reason of having a common investment became effective on October 20, 1987, solely by reason of having a common investment adviser, common trustees, and/or common officers. and applicant’s initial public offering adviser, common trustees, and/or common officers. Applicant and the Trust may be deemed to be Applicant and the Trust may be deemed to be affiliated persons of each other by reason of having commenced soon thereafter. affiliated persons of each other by reason of having common trustees and officers, and therefore may 2. On June 19, 1995, applicant’s board common trustees and officers, and therefore may rely on the rule. of trustees approved an Agreement and rely on the rule. Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices 8089

[Release No. 35±26476] 6(a), 7, 9(a), 12(b) and 13(b) of the Act rate in excess of 2.0% over the prime and rules 45 and 52 thereunder. rate, London Interbank Offered Rate or Filings Under the Public Utility Holding AEP proposes from time to time other appropriate index in effect from Company Act of 1935, as Amended through December 31, 2000, to form one time to time or (b) bear a fixed rate in (``Act'') or more direct or indirect new excess of 2.5% above the yield at the subsidiaries (‘‘New Subsidiaries’’) to time of issuance of United States February 23, 1996. engage in the business of brokering and Treasury obligations of a comparable marketing energy commodities, which maturity. Any commitment and other Notice is hereby given that the are defined to include natural and fees on the debt will not exceed 50 basis following filing(s) has/have been made manufactured gas, electric power, points per annum on the total amount with the Commission pursuant to emission allowances, coal, oil, refined of debt financing. provisions of the Act and rules petroleum and petroleum products and AEP may guarantee other obligations promulgated thereunder. All interested natural gas liquids (‘‘Energy where needed for the New Subsidiaries persons are referred to the application(s) Commodities’’). The New Subsidiaries to demonstrate that they have support and/or declaration(s) for complete will receive a commission for their for their contractual obligations. Other statements of the proposed transactions brokering activities, which will include obligations that AEP may guarantee, summarized below. The application(s) arranging the sale and purchase, excluding debt, may take the form of bid and/or declaration(s) and any transportation, transmission and storage bonds or performance or other direct or amendments thereto is/are available for of Energy Commodities. Their proposed indirect guarantees of contractual or public inspection through the marketing activities encompass entering other obligations. Commission’s Office of Public into contracts to sell, purchase, The New Subsidiaries propose to Reference. exchange, pool, transport, transmit, enter into service agreements with Interested persons wishing to distribute, store and otherwise deal in AEPSC and the Operating Companies, comment or request a hearing on the Energy Commodities. The New under which personnel and other application(s) and/or declaration(s) Subsidiaries may from time to time have resources, if available, of AEPSC and the should submit their views in writing by an inventory of Energy Commodities; Operating Companies may be used to March 18, 1996, to the Secretary, however, they will not own or operate support the New Subsidiaries’ activities. Securities and Exchange Commission, facilities used for the production, Any service agreements will require that Washington, D.C. 20549, and serve a generation, processing, storage, AEPSC and the Operating Companies provide, account for and bill their copy on the relevant applicant(s) and/or transmission, transportation, or services, utilizing a work order system, declarant(s) at the address(es) specified distribution of Energy Commodities. on a full cost reimbursement in below. Proof of service (by affidavit or, The applicants assert that no New accordance with rules 90 and 91. All in case of an attorney at law, by Subsidiary will be a public utility direct charges and prorated shares of certificate) should be filed with the company under the Act. The New Subsidiaries propose to other related service costs will be request. Any request for hearing shall broker and market Energy Commodities reimbursed. identify specifically the issues of fact or to wholesale customers and, where Any service agreements also will law that are disputed. A person who so permitted by law, to retail customers. In provide that AEPSC and the Operating requests will be notified of any hearing, order to manage risks associated with Companies make warranties of due care if ordered, and will receive a copy of brokering and marketing Energy and compliance with applicable laws to any notice or order issued in the matter. Commodities, the New Subsidiaries may the New Subsidiaries with respect to the After said date, the application(s) and/ enter into futures, forwards, swaps and performance of the servicesrequested, or declaration(s), as filed or as amended, options contracts relating to Energy but failure to meet these obligations will may be granted and/or permitted to Commodities (‘‘Arbitrage Transaction’’). not subject them to any claim or become effective. No Arbitrage Transaction will be liability, other than to reperform the American Electric Power Company, entered into for speculation. work at cost. Furthermore, AEPSC and Inc., et al. (70–8779) The applicants propose that a New the Operating Companies will be Subsidiary initially issue and sell up to indemnified by the New Subsidiaries American Electric Power Company, 100 shares of common stock for against liabilities to or claims of third Inc. (‘‘AEP’’), a registered holding approximately $100 to AEP or a parties arising out of the performance of company, its service company subsidiary of AEP. Subsequently, work on behalf of the New Subsidiaries. subsidiary, American Electric Power American intends to acquire additional Initially, the New Subsidiaries are not Service Corporation (‘‘AEPSC’’), both of shares of stock or make capital expected to have employees and will 1 Riverside Plaza, Columbus, Ohio contributions to the New Subsidiaries in use the personnel and resources of 43215, and all of AEP’s public-utility an amount that, when aggregated with AEPSC and the Operating Companies to company subsidiaries (‘‘Operating the initial capitalization of the New broker and market Energy Commodities. Companies’’),1 have filed an Subsidiaries, will not exceed $100 No more than 1% of the employees of application-declaration under sections million. the Operating Companies will render, AEP also proposes from time to time directly or indirectly, services to the 1Appalachian Power Company, 40 Franklin Rd., through December 31, 2000, to New Subsidiaries at any one time. Roanoke, Virginia, 24022; Columbus Southern guarantee the debt and other obligations Power Company, 215 No. Front St., Columbus, of the New Subsidiaries. The maximum New England Electric System, et al. Ohio, 43215; Indiana Michigan Power Company, (70–8733) One Summit Sq., Fort Wayne, Indiana, 46801; amount of debt and other obligations Kentucky Power Company, 1701 Central Ave., that AEP proposes to guarantee is $50 New England Electric System (NEES), Ashland, Kentucky, 41101; Kingsport Power million and $200 million, respectively. a registered holding company, and its Company, 422 Broad St., Kingsport, Tennessee, Debt financing of the New Subsidiaries nonutility subsidiary company, New 37660; Ohio Power Company, 339 Cleveland Ave., S.W., Canton, Ohio 44702; and Wheeling Power that is guaranteed by AEP will not (i) England Electric Resources, Inc. Company 51–16th St., Wheeling, West Virginia, exceed a term of 15 years or (ii)(a) bear (‘‘NEERI’’) (together, ‘‘Applicants’’), 26003. a rate equivalent to a floating interest both located at 25 Research Drive, 8090 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices

Westborough, Massachusetts 01582, The Project Parents may issue reduced from time-to-time by the have filed an application-declaration securities to NEES and/or NEERI and amount of NEES Investments and/or under sections 6(a), 7, 9(a), 10, 12(b), NEES and/or NEERI may acquire such Exempt Company Investments made, 13(b), 32, and 33 of the Act and rules securities. The securities may take the and Non-Recourse Debt issued, and be 45 and 54 thereunder. form of capital stock or shares, debt increased from time-to-time by: (1) NEES and NEERI propose to acquire securities, trust certificates, partnership Proceeds received upon the sale, interests in, finance the acquisition, and interests or other equity or participation liquidation, repayment or other hold the securities, of one or more interests. disposition of any NEES Investment or exempt wholesale generators (‘‘EWG’’) NEERI may provide Project Parents, Exempt Company Investment; (2) as defined in section 32 of the Act and/ and Project Parents may provide their proceeds generated from NEERI or or foreign utility companies (‘‘FUCO’’) subsidiaries, services necessary or Project Parents’ activities in connection as defined in section 33 (together, desirable for their operations, including, with their investments in Exempt ‘‘Exempt Companies’’), either directly or without limitation, management, Companies or any particular Investment indirectly, through a project entity engineering, employment, Project in which NEERI or NEES has an (‘‘Project Parent’’), as discussed below, administrative, tax, consulting, interest; (3) the reimbursement of such without filing specific project accounting, and computer and software NEES Investments or Exempt Company applications. The Applicants propose support. The services that NEERI and/or Investments out of the proceeds of any the following limitations on such the Project Parents will provide will not third party financing of NEERI’s or authority: (1) The full amount of any be provided for any associate company Project Parents’ activities or any investment or financing, as well as any which derives, directly or indirectly, particular Investment Project in which authorized guarantees or assumptions of any material part of its income from NEERI or NEES, directly or indirectly, liability, shall be counted as part of a sources within the United States, and has an interest; or (4) the extent to total investment cap of $60 million which is a public utility company which Non-Recourse Debt issued has (‘‘Total Authority’’), as defined below; operating within the United States. In been paid. In any case in which NEES and (2) no investment or financing will these cases the Applicants have and NEERI together own less than all of be made unless at the time of the requested an exemption under section the equity interests of a Project Parent, investment or financing, and after giving 13(b) of the Act. only that percentage of the non-recourse effect to the investment or financing, NEES proposes to finance, from time- indebtedness of such Project Parent NEES’ ‘‘aggregate investment,’’ as to-time through December 31, 1998, the equal to NEES’ and NEERI’s combined defined in rule 53(a)(1)(i), in EWGs, activities of NEERI and Project Parents equity ownership percentage shall be FUCOs and Project Parents does not (‘‘NEES Investments’’). The NEES included for purposes of the foregoing exceed 50% of the system’s Investments may take the form of limitation. ‘‘consolidated retained earnings,’’ as purchases of capital shares, partnership defined in rule 53(a)(1)(ii). interests, trust certificates (or the NEES Investments may be made from To facilitate the acquisition and equivalent of any of the foregoing under NEES to NEERI and/or Project Parents ownership of Exempt Companies, NEES the laws of foreign jurisdictions), capital directly or indirectly. Any open account and NEERI seek authority to organize, contributions, subordinated loans advance made by NEES will be non- form or acquire, and to liquidate, evidenced by subordinated promissory interest bearing and shall have a dissolve or sell, in whole or in part, notes, open account advances, maturity not exceeding one year. Any subsidiary Project Parents. Project guarantees, bid bonds or other credit promissory note issued to NEES by Parents shall engage, directly or support to secure obligations incurred NEERI or a Project Parent, or to NEERI indirectly, and exclusively, in the by NEERI and/or Project Parents in by a Project Parent, and any promissory business of owning and holding the connection with Exempt Company note or other similar evidence of interests and securities of one or more investments or of NEERI’s undertaking indebtedness issued by a Project Parent Exempt Companies and in project to contribute equity to a Project Parent. to a person other than NEES or NEERI development activities relating to the NEES may enter into reimbursement with respect to which NEES or NEERI acquisition of such interests and agreements with banks to support letters may issue a guarantee, would mature securities and the underlying electrical of credit delivered as security for NEES’ not later than 30 years after the date of generation, transmission and or NEERI’s equity contribution issuance. It would bear interest at a rate distribution projects (‘‘Investment obligation to a Project Parent or not greater than the prime rate of a bank Projects’’). otherwise in connection with a Project to be designated by NEES in the case of Project parents shall be special Parent’s or NEERI’s Exempt Company a promissory note issued to NEES or purpose domestic or foreign project development activities. NEERI. In the case of any note or similar corporations, partnerships or limited NEES and NEERI also propose to, evidence of indebtedness issued to a liability companies (or the equivalent of from time-to-time through December 31, person other than NEES or NEERI and such entities in the foreign country 1998: (1) Guarantee the indebtedness or guaranteed by NEES or NEERI, the rate where such Project Parent may be other obligations of one or more Exempt would not exceed (a) the greater of 250 formed). NEES and NEERI propose to Companies; (2) assume the liabilities of basis points above the lending bank’s or form Project Parents at any time: (1) To one or more Exempt Companies; and/or other recognized prime rate and 50 basis make bids or submit proposals to (3) enter into guarantees and letters of points above the federal funds rate; (b) acquire interests in Exempt Companies; credit reimbursement agreements in 400 basis points above the specified and (2) to facilitate and/or close on the support of equity contribution London Interbank Offered Rate plus any acquisition or financing of interests in obligations or otherwise in connection applicable reserve requirement; or (c) a Exempt Companies. Project Parents may with project development activities for negotiated fixed rate 500 basis points also be formed to participate in joint one or more Exempt Companies above the 30 year ‘‘current coupon’’ ventures with nonassociates for the (‘‘Exempt Company Investments’’), as treasury bond rate if such note or other purpose of owning interests in Exempt discussed below. indebtedness is U.S. dollar Companies and/or engaging in NEES and NEERI propose that the denominated. If such note or other Investment Projects. amount of the Total Authority be indebtedness is denominated in the Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices 8091 currency of a foreign nation, the interest early warning of some potential Fidelity Bank, National Association, rate will not exceed a fixed or floating catastrophic failures; and (3) ultimately New Jersey) (‘‘FUNB’’) and to issue to rate which, when adjusted for the more efficient turbine performance. FUNB its unsecured promissory notes prevailing rate of inflation, would be While initially targeted at electric maturing not later than September 30, equivalent to a rate on a U.S. dollar utilities, RVM technology has the 1998, representing borrowings denominated borrowing of identical potential for further application in other thereunder in the amount of up to $16.5 average life that does not exceed 10% areas, such as propulsion and industrial million (of which $11.5 million over the highest rate set forth above. turbines. constituted a term loan and $5 million Any reimbursement agreement In consideration of NEERI’s initial a revolving credit facility which facility supporting a letter of credit would have $500,000 equity investment and has expired). The proceeds of the term a term not in excess of 30 years. subsequent investments in the same loan borrowings were used to refinance Drawings under any such letter of credit amount, MTC will: (1) Issue shares of $11.5 million of Service Company’s would bear interest at not more than 5% preferred stock and warrants to NEERI; then outstanding indebtedness which above the prime rate of the letter of (2) waive a participation fee, currently Service Company had incurred to credit bank as in effect from time-to- estimated at $200,000, for NEERI’s finance the construction and equipping time, and letter of credit fees would not associated power company, New of its Parsippany, New Jersey exceed 1% annually of the face amount England Power (‘‘NEP’’), to participate headquarters office building. The of the letter of credit. as a testing site for MTC’s vibration revolving credit borrowings were to be monitoring technology; and (3) offer New England Electric Resources, Inc. used for general corporate purposes NEP significant discounts on certain (70–8785) including capital expenditures. The future services from MTC. Commission further authorized GPU to New England Electric System NEERI proposes to purchase shares of unconditionally guarantee payment of (‘‘NEES’’), a registered holding MTC’s convertible preferred stock principal of and interest on the notes company, and its research and (‘‘Shares’’) at a price of $1.75 per share, and Service Company’s other development subsidiary company, New for a total equity investment of obligations to FUNB under the FUN England Electric Resources, Inc. $500,000. NEERI’s investment in the Loan Agreement. (‘‘NEERI’’) (together, ‘‘Applicants’’), Shares will result in NEERI’s ownership By order dated April 24, 1986 (HCAR both located at 25 Research Drive, of not more than 4.99% of the voting No. 24069) (‘‘April Order’’), the Westborough, Massachusetts 01582, securities of MTC. The Shares may be Commission, among other things, have filed an application under sections converted to shares of common stock authorized Service Company to issue to 9(a) and 10 of the Act. upon the closing of an initial public Aetna Life Insurance Company By order dated February 23, 1995 offering, in which MTC’s proceeds from (‘‘Aetna’’) $32 million aggregate (HCAR No. 26235) (‘‘Order’’), NEERI such offering are not less than $10 principal amount of its secured notes was authorized to invest up to $10 million and in which the share offering (‘‘Aetna Loan’’), maturing not later than million in research and development price is $3.50 or more. NEERI will also December 31, 2001, secured by a first activities. The Order provided that receive A and B warrants which will be lien and security interest in Service NEERI could invest in projects and exercisable under certain terms and Company’s Reading, Pennsylvania office technologies, which could include conditions to ensure that NEERI’s building. The proceeds of such electro-technologies, energy efficiency ownership does not exceed 4.99% of the borrowing were used to repay then and power quality measures, other voting securities of MTC. Both the outstanding borrowings incurred to developing environmental technologies Shares and warrants will have full finance the construction and equipping and new generation and transmission ratchet anti-dilution protection. of the Reading office building and for technologies. The Order was issued on Further, the Applicants propose to working capital purposes. The April the condition that particular make additional investments in MTC on Order also authorized GPU to guarantee acquisitions remained subject to further an emergency basis prior to its Service Company’s payment of Commission authorization. commercialization period in amounts of principal and interest on and Applicants now propose to make an up to $500,000. The investments will performance of its other obligations initial investment of $500,000, and a take the form of preferred or common with respect to these secured notes. possible second investment in the same stock, warrants or debt that is As of February 1, 1996, the principal amount, in Monitoring Technology convertible to equity. amount of borrowings outstanding Corporation (‘‘MTC’’), a Virginia under the FUNB Loan Agreement and corporation and the developer of a General Public Utilities Corporation Aetna Loan was $11.5 million and $19.2 vibration monitoring technology for the (70–8793) million, respectively. The Aetna Loan risk management and performance General Public Utilities Corporation bears interest at a fixed rate of 10.87% monitoring of power turbines. MTC is (‘‘GPU’’), 100 Interpace Parkway, per annum. Notes issued under the developing a method to read vibration Parsippany, New Jersey 07054, has filed FUNB Loan Agreement bear interest at frequency ‘‘signatures’’ of power a declaration under sections 6(a), 7 and fluctuating rates based upon (i) FUNB’s turbines and other turbomachines. This 12(b) of the Act and rules 45 and 54 base rate, or (ii) the London Interbank technology, referred to as Rotational thereunder. Offered Rate plus 37.5 basis points and Vibration Monitoring (‘‘RVM’’), would By order dated September 29, 1993 the applicable reserve. enable turbine operators to monitor (HCAR No. 25898), the Commission, Service Company has determined that their machines during normal among other things, authorized GPU market conditions are sufficiently operations and quantitatively analyze Service Corporation, GPU’s subsidiary favorable to warrant a refinancing of the turbine performance and predict service company (‘‘Service Company’’), Aetna Loan and, possibly, at the same mechanical problems. This method of to enter into a Term Loan, Revolving time a refinancing of borrowings under continuous, automated on-line Credit and Guaranty Agreement, dated the FUNB Loan Agreement as well. monitoring, when compared to present September 30, 1993 (‘‘FUNB Loan Accordingly, Service Company now technology, would result in: (1) Agreement’’), with First Union National intends, from time to time through Reduced turbine maintenance costs; (2) Bank (successor in interest to First February 1, 2006, to borrow up to $40 8092 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices million from one or more commercial SUMMARY: The Chairman of the The Chairman of the Committee is banks or other institutions under one or Commission, with the concurrence of Commissioner Steven M.H. Wallman. more new term loan and/or revolving the other member of the Commission, The Committee will conduct its credit facilities (‘‘New Loan has renewed the Securities and operations in accordance with the Agreement’’) entered into on or before Exchange Commission Advisory provisions of the Federal Advisory February 1, 2006. Each New Loan Committee on the Capital Formation Committee Act. The duties of the Agreement would provide for interest at and Regulatory Processes Committee are solely advisory. negotiated market rates but, in any case, (‘‘Committee’’), which will advise the Determinations of action to be taken and not in excess of the greater of (i) 150 Commission regarding the informational policy to be expressed with respect to basis points above the greater of (a) the needs of investors and the regulatory matters upon which the Advisory lending bank’s or other recognized costs imposed on the U.S. securities Committee provides advice or prime rate and (b) 50 basis points above markets. recommendations shall be made solely the federal funds rate, (ii) 200 basis ADDRESSES: Written comments should by the Commission. The Committee will meet at such points above the specified London be submitted in triplicate and should intervals as are necessary to carry out its Interbank Offered Rate plus any refer to File No. 265–20. Comments functions. It is expected that meetings of applicable reserve requirement, (iii) a should be submitted to Jonathan G. negotiated fixed rate which, in any the full Committee generally will occur Katz, Secretary, Securities and Exchange event, would not exceed 300 basis no more frequently than 5 times; Commission, 450 Fifth Street, NW., points above the treasury bond rate with meetings of subgroups of the full Washington, DC 20549. an identical average life, or (iv) a rate Advisory Committee will likely occur equal to the average domestic money FOR FURTHER INFORMATION CONTACT: more frequently. The Securities and bid rate for certificates of deposit of Meridith Mitchell, Assistant General Exchange Commission will provide similar maturities, plus up to 100 basis Counsel, Office of the General Counsel, necessary support services to the points and any applicable reserve at 202–942–0890; Securities and Committee. requirements; and would include other Exchange Commission, 450 Fifth Street, The Committee will terminate on customary terms and conditions. Loans NW., Washington, DC 20549. September 30, 1996 unless, prior to under each New Loan Agreement would SUPPLEMENTARY INFORMATION: In such time, its charter is renewed for a have a maturity of up to 20 years and accordance with the requirements of the further period in accordance with the may be evidenced by promissory notes. Federal Advisory Committee Act, 5 Federal Advisory Committee Act, or Proceeds of borrowings under the New U.S.C. App., the Securities and unless the Chairman, with the Loan Agreement would be used to repay Exchange Commission has directed concurrence of the other members of the all or a portion of the outstanding publication of this notice that Chairman Commission, determines that borrowings under the FUNB Loan Arthur Levitt, with the concurrence of continuance of the Committee is no Agreement. The balance would be used the other member of the Commission, longer in the public interest. for working capital and other corporate has renewed the ‘‘Securities and Concurrent with publication of this purposes. Exchange Commission Advisory notice in the Federal Register, a copy of In order to enable Service Company to Committee on the Capital Formation the charter of the Committee will be borrow at more favorable rates and other and Regulatory Processes.’’ Chairman filed with the Chairman of the terms, GPU proposes, from time to time Levitt certifies that he has determined Commission, the Senate Committee on through February 1, 2006, to enter into that the renewal of the Committee is Banking, Housing, and Urban Affairs guaranty agreements in favor of the necessary and in the public interest. and the House Committee on banks or other institutional lenders Commerce. A copy of the charter will under the New Loan Agreements to The Committee’s charter directs the Committee to assist the Commission in also be furnished to the Library of unconditionally guarantee payment of Congress and placed in the principal, interest and Service evaluating the efficiency and effectiveness of the regulatory process Commission’s Public Reference Room Company’s other obligations under the for public inspection. New Loan Agreements. and the disclose requirements relating to public offerings of securities, Dated: February 23, 1996. For the Commission, by the Division of secondary market trading and corporate By the Commission. Investment Management, pursuant to reporting, and in identifying and Jonathan G. Katz, delegated authority. developing means to minimize costs Secretary. Margaret H. McFarland, imposed by current regulatory Deputy Secretary. [FR Doc. 96–4741 Filed 2–29–96; 8:45 am] programs, from the perspective of BILLING CODE 8010±01±M [FR Doc. 96–4740 Filed 2–29–96; 8:45 am] investors, issuers, the various market BILLING CODE 8010±01±M participants, and other interested persons and regulatory authorities. [Release No. 34±36874; File No. SR±PSE± 95±32] [Release Nos. 33±7266; 34±36881; File No. The Committee members are able to 265±20] represent the varied interests affected by Self-Regulatory Organizations; Notice the range of issues being considered. of Filing of Proposed Rule Change by Advisory Committee on the Capital The Committee’s membership includes, Pacific Stock Exchange, Inc. to Formation and Regulatory Processes; among others, persons who represent Establish a Competing Specialist Renewal investors, issuers, market participants, Program AGENCY: Securities and Exchange independent public accountants, Commission. regulators and the public at large. The February 22, 1996. Committee’s members are able to Pursuant to Section 19(b)(1) of the ACTION: Notice of the Renewal of the represent a variety of viewpoints and Securities Exchange Act of 1934 Securities and Exchange Commission have varying experience, and the (‘‘Act’’), 15 U.S.C. 78s(b)(1), notice is Advisory Committee on the Capital Committee is fairly balanced in terms of hereby given that on December 21, 1995, Formation and Regulatory Processes. points of view, backgrounds and tasks. the Pacific Stock Exchange, Inc. (‘‘PSE’’ Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices 8093 or ‘‘Exchange’’) filed with the Securities forth in Rule 2.2(b) of the Rules of the a. The total number of stocks in which and Exchange Commission Exchange, and conform to all other competition will be permitted shall initially (‘‘Commission’’) the proposed rule performance requirements and standards set be limited to ten per applicant firm, or a change, and on February 16, 1996, forth in the Rules of the Exchange. All number (not to exceed twenty) as determined applicants who control, are controlled by, or by the Board of Governors. Amendment No. 1 to the proposed rule are under common control with another 1 b. No applicant firm will have more than change, as described in Items I, II and person engaged in a securities or related one Competing Specialist. III below, which Items have been business shall have and maintain appropriate c. The number of Competing Specialists prepared by the self-regulatory Chinese Wall procedures as approved by a will be limited to two on each Equity Floor. organization. The Commission is self-regulatory organization. A competing d. The number of competitors in any given publishing this notice to solicit specialist will be subject to all the rules and stock will be limited to three (two Registered comments on the proposed rule change policies applicable to a regular specialist, Specialists and one Competing Specialist). from interested persons. unless otherwise indicated. e. There will be a quarterly review of the 4. All applicant organizations, existing or program, or upon request by a Registered I. Self-Regulatory Organization’s newly created, must satisfy the Equity Floor Specialist in a specific Competing Specialist Statement of the Terms of Substance of Trading Committee that they have sufficient issue. the Proposed Rule Change staffing to enable them to fulfill the functions of a specialist in all of the stocks in which Once the program has operated for The PSE is proposing to establish a the applicant will be registered as a one year, the Board of Governors will competing specialist pilot program. The Competing Specialist. evaluate it and determine whether to proposal includes specific procedures 5. Order flow not specifically designated continue the program or to modify its for competing specialists, including for a Competing Specialist must be routed to terms.3 procedures for registration, withdrawal, either Registered Specialist. However, a firm that is affiliated with a competing specialist II. Self-Regulatory Organization’s and participation in the competing in an issue must designate all PSE order flow Statement of the Purpose of, and specialist program. The Exchange is also to that competing specialist in that issue. Statutory Basis for, the Proposed Rule proposing to extend its official policies 6. In a competitive situation, if the Change relating to circuit breakers to Competing Competing Specialist organization that Specialists.2 received approval to compete with the In its filing with the Commission, the The Text of the proposed procedures Registered Specialist desires to terminate the self-regulatory organization included for competing specialists is as follows: competition by requesting that it be relieved statements concerning the purpose of of the stock that is the subject of the and basis for the proposed rule change Pacific Stock Exchange incorporated; competition, it should so notify the Equity Procedures for Competing Specialists Floor Trading Committee at least 3 business and discussed any comments it received The following are procedures for the days prior to the desired effective date of on the proposed rule change. The text Competing Specialist Pilot Program. such withdrawal, except in those situations of these statements may be examined at 1. Registered Specialists are not eligible to when such notice is not practicable. the places specified in Item IV below. act as Competing Specialists. 7. Any Competing Specialist who The self-regulatory organization has 2. Applications to compete must be withdraws his/her registration in a stock will prepared summaries, set forth in directed to the Equity Floor Trading be barred from applying to compete in that Sections A, B, and C below, of the most Committee in writing and must list in order same stock for a period of ninety (90) days significant aspects of such statements. of preference the stock(s) in which the following the effective date of withdrawal. applicant intends to compete. The Equity 8. Notwithstanding the existence of A. Self-Regulatory Organization’s Floor Trading Committee will consider the Competing Specialist situations, there is only Statement of the Purpose of, and following in reviewing an application: one Exchange market in a security subject to Statutory Basis for, the Proposed Rule • Financial capability. competition. Competitors must cooperate Change • Adequacy of staffing on the Floor. with the Registered Specialist regarding • Existence of adequate Chinese Wall openings and reopenings to ensure that they 1. Purpose Procedures at the applicant firm. are unitary. • Agreement of both Registered Specialist 9. Limit orders entrusted to the Competing The purpose of the proposed rule to allow trading of specific issues by the Specialist are to be represented and executed change is to establish a competing Competing Specialist. strictly according to time priority as to specialist pilot program. Under the 3. All applicants must be registered as receipt of the order on the Exchange in proposal, competing specialists are members with the Exchange and must meet accordance with Exchange rules. permitted to compete with registered the net capital requirements pursuant to SEC 10. Competing Specialists must keep the specialist on the floor of the Exchange. Rule 15c3–1 and capital requirements set Registered Specialists informed about the full Orders are directed either to a registered size of any executable ‘‘all or none’’ orders 1 See letter from David P. Semak, Vice President in their possession since all-or-none orders specialist or the competing specialist in Regulation, to Katherine A. Simmons, Attorney, cannot be represented in the disseminated an issue based on each customer’s SEC, dated February 15, 1996. Amendment No. 1 quote. The Competing Specialist is expected independent decision, but all orders in provided additional description of the proposal and to represent such orders on a ‘‘best efforts’’ a stock received by the Exchange are changes to the Procedures for Competing basis to ensure the execution of the entire Specialists. These additions and changes are executed in accordance with strict time incorporated herein. order at a single price or prices, or not at all. priority. Once all limit orders at a price 2 Securities Exchange Act Release No. 26368 11. The registration of any Competing level are depleted, each specialist is (December 16, 1988), 53 FR 51942 (December 23, Specialist may be suspended or terminated responsible for the market orders by the Equity Floor Trading Committee upon 1996). The PSE filed the rule in the form of an directed to them. official policy that stated it would cooperate with a determination of any substantial or a request from the Commission to halt trading in all continued failure by such Competing The registered specialists are equity and equity-related products traded on the Specialist to engage in dealing in accordance responsible for updating quotations and Exchange in conjunction with halted trading at with the Constitution and Rules of the coordinating openings and reopenings other U.S. markets. The Commission, in approving Exchange. to ensure that they are unitary. All ITS the PSE’s proposed rule change, requested that the 12. The Exchange shall establish an PSE implement its policy statement by imposing a activity must be cleared through a trading halt as quickly as practicable whenever the effective date for competition to commerce. NYSE and other equity markets have suspended Since the Exchange cannot know what the 3 The Commission notes that the Exchange will be trading. See also Securities Exchange Act Release impact of competition will be on its required to file a proposed rule change pursuant to No. 27370 (October 23, 1989), 54 FR 43881, n.5 marketplace, it will limit competition during Section 19(b) of the Act before it may modify the (October 27, 1989). the first year of operation as follows: terms of the program. 8094 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices registered specialist. To all other and synchronizing orders (and (B) Institute proceedings to determine markets in the national market system, executions) with the corresponding whether the proposed rule change there is only one PSE market. Trading specialist on the other Floor.9 PSE should be disapproved. halts are coordinated through a specialists currently have the capability IV. Solicitation of Comments registered specialist and apply to all to enter their own quotes into P/COAST, competitors in the stock. and Competing Specialists at the PSE Interested persons are invited to Under the proposed competing will have the same capability. In submit written data, views and specialist program, the Exchange’s rules addition, the Exchange anticipates arguments concerning the foregoing. governing the auction market principles having in place by March 31, 1996, a Persons making written submissions of priority, parity, and precedence Consolidated Limit Order File, which should file six copies thereof with the remain unchanged for quotes at the will allow all of the PSE specialists in Secretary, Securities and Exchange NBBO.4 Under the PSE’s rules, if two or a given issue to have access to the Commission, 450 Fifth Street, N.W., more specialists are quoting at the information in each other’s limit order Washington, D.C. 20549. Copies of the NBBO, the earliest bid/offer at that price books.10 submission, all subsequent has time priority and will be filled first All competing specialists will be amendments, all written statements up to its specified size.5 When none of evaluated on competing stocks in with respect to the proposed rule the specialists are quoting at the NBBO, accordance with the Exchange’s change that are filed with the the competing specialist program Specialist Performance Evaluation Commission, and all written permits orders to be executed by a Program. In addition, at any time, a communications relating to the particular specialist at the NBBO or registered specialist may request an proposed rule change between the better.6 If a particular specialist is not evaluation of a competing specialist’s Commission and any person, other than specified, the order is directed to a performance in an issue that is traded those that may be withheld from the regular specialist. However, if a routine by both the registered and competing public in accordance wit the provisions firm is affiliated with a Competing specialists. of 5 U.S.C. 552, will be available for Specialist, that firm may not route inspection and copying at the 2. Statutory Basis orders to another specialist, but must Commission’s Public Reference Section, route them to the member firm’s The proposed rule change is 450 Fifth Street, N.W., Washington, D.C. affiliated specialist, thereby preventing consistent with Section 6(b) of the Act, 20549. Copies of such filing will also be member firms affiliated with a specialist in general, and furthers the objectives of available for inspection and copying at from routing non-profitable orders to Section 6(b)(5), in particular, in that it the principal office of the PSE. All another specialist when market is designed to promote just and submissions should refer to File No. conditions are unfavorable.7 equitable principles of trade and to SR–PSE–95–32 and should be submitted All limit orders will be represented protect investors and the public interest. by March 22, 1996. and executed strictly according to time B. Self-Regulatory Organization’s For the Commission, by the Division of priority on the Exchange.8 Incoming Statement on Burden on Competition Market Regulation, pursuant to delegated orders are first executed against any authority. contra-side limit orders on the The PSE does not believe that the Margaret H. McFarland, Exchange. All specialists may execute proposed rule change will impose any Deputy Secretary. their designated order flow unless there burden on competition that is not [FR Doc. 96–4824 Filed 2–29–96; 8:45 am] is a contra-side limit order on the necessary or appropriate in furtherance BILLING CODE 8010±01±M Exchange or another specialist has a of the purposes of the Act. superior quote (with tie priority) at the C. Self-Regulatory Organization’s NBBO. Statement on Comments on the SMALL BUSINESS ADMINISTRATION Where a security is traded on both Proposed Rule Change Received From [Declaration of Disaster Loan Area #2833] equity floors, each specialist is Members, Participants or Others responsible for properly coordinating No written comments on the proposed Pennsylvania (and Contiguous 4 rule change were neither solicited nor Counties in New Jersey); Declaration See PSE Rules 5.8(a)–(i). PSE Rule 5.8(c) states # in part: ‘‘When a bid or offer is clearly established received. of Disaster Loan Area (Amendment 1) as the first made at a particular price regardless of the floor, the maker shall be entitled to priority and III. Date of Effectiveness of the The above-numbered Declaration is shall have precedence on the next sale at that price Proposed Rule Change and Timing for hereby amended to reflect new interest * * *.’’ Commission Action rates effective for all disasters which 5 See PSE Rule 5.8(c). occurred on or after January 24, 1996: 6 For example, assume that the NBBO is 20 bid Within 35 days of the publication of The current interest rates are: to 20/18 offered, and specialist A is bidding 193⁄4 this notice in the Federal Register or while specialist B is bidding 191⁄2. A market order to sell may be directed to specialist B for execution within such longer period (i) as the Percent even though specialist A has a better bid because Commission may designate up to 90 neither specialist is bidding at the NBBO. Under the days of such date if it finds such longer For Physical Damage: competing specialist program, specialist B would period to be appropriate and publishes Homeowners with credit avail- execute the order at 20 (the NBBO) or better. If its reasons for so finding or (ii) as to able elsewhere ...... 7.250 specialist A had been bidding 20 (the NBBO), Homeowners without credit avail- specialist A would have had priority to execute the which the self-regulatory organization able elsewhere ...... 3.625 order even though it was designated to specialist B. consents, the Commission will: Businesses with credit available 7 As noted above, however, if another specialist (A) By order approve the proposed elsewhere ...... 8.000 is quoting the NBBO and clearly has established rule change, or Businesses and non-profit orga- priority on the PSE floors, then that specialist will fill the order despite the fact that the order was nizations without credit avail- designated for the affiliated Competing Specialist. 9 See PSE Rule 5.8(c). able elsewhere ...... 4.000 8 There is only one PSE market in a particular 10 See letter from David P. Semak, Vice President Others (Including non-profit orga- security, and time priority is maintained among all Regulation, PSE, to Katherine A. Simmons, nizations) with credit available orders received by the PSE. Attorney, SEC, dated February 20, 1996. elsewhere ...... 7.125 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices 8095

Percent the address listed below the information determine whether an institution’s collections.) policies and practices conform with For Economic Injury: 1. Letter to Landlord Requesting SSA’s regulations in the use of benefits, Businesses and small agricul- Rental Information—0960–0454. The and whether the institution is tural cooperatives without information collected on form SSA– performing other duties and credit available elsewhere ...... 4.000 L5061 is used to determine if a rental responsibilities required of a subsidy agreement exists between a representative payee. The information Dated: February 15, 1996. landlord and an applicant for, or also provides the basis for conducting John T. Spotila, recipient of, Supplemental Security the actual onsite review and is used in Acting Administrator. Income benefits. The affected public is the preparation of the subsequent report [FR Doc. 96–4780 Filed 2–29–96; 8:45 am] landlords who may be subsidizing such of findings and recommendations which BILLING CODE 8025±01±P a rental arrangement. is provided to the institution. The Number of Respondents: 49,000 respondents are state mental institutions [License No. 04/04±0230] Frequency of Response: As needed to which serve as representative payees for verify subsidy arrangements Social Security beneficiaries. North Riverside Capital Corporation; Average Burden Per Response: 10 Number of Respondents: 183 Notice of Surrender of Licensee minutes Frequency of Response: 1 per year Estimated Annual Burden: 8,167 hours Average Burden per Response: 1 hour Notice is hereby given that North Estimated Annual Burden: 183 hours 2. Farm Arrangement Questionnaire— Riverside Capital Corporation, 50 0960–0064. The information collected Technology Park/Atlanta, Norcross, Social Security Administration on form SSA–7157 is used to determine Georgia 30092, has surrendered its Written comments and if farm rental income may be considered License to operate as a small business recommendations regarding these self-employment income for Social investment company under the Small information collections should be sent Security coverage purposes. The Business Investment Act of 1958, as within 60 days from the date of this respondents are individuals alleging amended (the Act). North Riverside publication, directly to the SSA Reports self-employment income from the Captial Corporation was licensed by the Clearance Officer at the following activity of renting land for farming Small Business Administration on address: Social Security Administration, activities. August 24, 1984. DCFAM, Attn: Charlotte S. Whitenight, Under the authority vested by the Act Number of Respondents: 38,000 6401 Security Blvd., 1–A–21 Operations and pursuant to the Regulations Frequency of Responses: 1 Bldg., Baltimore, MD 21235. promulgated thereunder, the surrender Average Burden Per Response: 30 In addition to your comments on the of the License was accepted on this minutes accuracy of the agency’s burden date, and accordingly, all rights, Estimated Annual Burden: 19,000 hours estimate, we are soliciting comments on privileges, and franchises derived 3. Request for Hearing By the need for the information; its therefrom have been terminated. Administrative Law Judge—0960–0269. practical utility; ways to enhance its The information on form HA–501 is quality, utility and clarity; and on ways (Catalog of Federal Domestic Assistance used by the Social Security Program No. 59.011, Small Business to minimize burden on respondents, Investment Companies) Administration to document an including the use of automated individual’s request for a hearing on an Dated: February 22, 1996. collection techniques or other forms of unfavorable determination concerning information technology. Agency Donald A. Christensen, his or her benefits. The respondents are Information Collection Activities: Associate Administrator for Investment. such individuals who request a hearing. Submission for OMB Review; Comment [FR Doc. 96–4781 Filed 2–29–96; 8:45 am] Number of Respondents: 625,563 Request. BILLING CODE 8025±01±P Frequency of Response: 1 The information collection listed Average Burden Per Response: 10 below, which was published in the minutes Federal Register on December 29, 1995, SOCIAL SECURITY ADMINISTRATION Estimated Annual Burden: 104,260 has been submitted to OMB. 4. Petition to Obtain Approval of a Plans for Achieving Self-Support— Agency Information Collection Fee for Representing a Claimant before 0960–NEW. The information is Activities: Proposed Collection the Social Security Administration— collected when a Supplemental Security Request 0960–104. The information on form Income (SSI) recipient desires to use available income and resources to Normally on Fridays, the Social SSA–1560 is used to determine if a obtain education and/or training in Security Administration publishes a list representative is asking for a reasonable order to become self-supportive. The of information collection packages that fee for representing a claimant before information is used to evaluate the will require submission to the Office of the Social Security Administration recipient’s plan for achieving self- Management and Budget (OMB) for (SSA). The respondents are attorneys or support to determine whether the plan clearance in compliance with Public other persons representing claimants may be approved. The respondents are Law 104–13 effective October 1, 1995, before SSA. SSI recipients. The Paperwork Reduction Act. Since Number of Respondents: 89,724 the last list was published in the Frequency of Response: 1 Number of Respondents: 5,500 Frequency of Response: 1 Federal Register on February 26, 1996, Average Burden Per Response: 30 Average Burden Per Response: 20 the information collections listed below minutes minutes have been proposed or will require Estimated Annual Burden: 44,862 Estimated Annual Burden: 1,833 hours extension of the current OMB approvals. 5. State Mental Institution Policy (Call the SSA Reports Clearance Officer Review—0960–0110. The information Social Security Administration on (410) 965–4142 for a copy of the collected on form SSA–9584 is used by Written comments and form(s) or package(s), or write to her at the Social Security Administration to recommendations regarding this 8096 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices information collection should be sent Dated: February 27, 1996. Airlift Command uses Form 41 data in within 30 days of the date of this Warren Christopher, ratemaking for the Civil Reserve Air publication. Comments may be directed Secretary of State. Fleet Program, and for its Air Carrier to OMB and SSA at the following [FR Doc. 96–4972 Filed 2–28–96; 3:23 pm] Analysis Support System (ACAS). addresses: BILLING CODE 4710±45±M DOT uses operational and financial (OMB), Office of Management and data to review International Air Budget, OIRA, Attn: Laura Oliven, Transport Association Agreements New Executive Office Building, Room DEPARTMENT OF TRANSPORTATION (IATA), to review initial air carrier 10230, Washington, D.C. 20503 fitness, to review air carrier continuing fitness, to review foreign air carrier (SSA), Social Security Administration, Bureau of Transportation Statistics applications and monitor the status of DCFAM, Attn: Charlotte S. Agency Information Collection; the air transport industry. The Justice Whitenight, 6401 Security Blvd, 1–A– Activity Under OMB Review; Department uses the data in its antitrust 21 Operations Bldg., Baltimore, MD Accounting and Reporting analyses. DOT meets its responsibility 21235 Requirements for Large Certificated to International Civil Aviation Dated: February 22, 1996. Air Carriers Organization, an arm of the United Charlotte Whitenight, Nations, by the use of Form 41 data. ACTION: Notice. Reports Clearance Officer, Social Security Traffic data, especially enplanement Administration. SUMMARY: In compliance with the data, are used for the National Plan of [FR Doc. 96–4482 Filed 2–29–96; 8:45 am] Paperwork Reduction Act of 1995, Integrated Airport Systems, airport BILLING CODE 4190±29±P Public Law 104–13, the Bureau of capacity analyses, the Airport Transportation Statistics (BTS) invites Improvement Program, systems the general public, industry and other planning at airports, exemption requests Federal Agencies to comment on the to transport hazardous materials, and DEPARTMENT OF STATE continuing need and usefulness of the essential air service analyses. BTS Form 41. Comments are requested The Department of Energy uses Form Office of the Secretary concerning whether (a) the continuation 41 fuel data in monitoring industry fuel of Form 41 is necessary for DOT to carry consumption for emergency [Public Notice 2350] out its mission of promoting air preparedness planning. transportation; (b) BTS accurately The Federal Aviation Administration Extension of the Restriction on the Use estimated the reporting burden; (c) there and the National Transportation Safety of United States Passports for Travel are other ways to enhance the quality, Board use Form 41 data in safety To, In, or Through Lebanon utility and clarity of the information analyses (operational), air carrier collected; and (d) there are ways to certification, safety forecasting/ On January 26, 1987, pursuant to the regulatory analysis and air carrier safety authority of 22 U.S.C. 211a and minimize reporting burden, including the use of automated collection surveillance and inspection. Executive Order 11295 (31 FR 10603), DOT uses aircraft inventory data in its and in accordance with 22 CFR techniques or other forms of information technology. administration of the War Air Service 51.73(a)(3), all United States passports, Program (Emergency Preparedness). with the exception of passports of DATES: Written comments should be submitted by April 30, 1996. The Department of Commerce, Bureau immediate family members of hostages of Economic Analysis, uses Form 41 FOR FURTHER INFORMATION CONTACT: in Lebanon, were declared invalid for data in its estimation of the Gross travel to, in, or through Lebanon unless Bernie Stankus, Office of Airline National Product, analyses of specifically validated for such travel. Information, BTS, at (202) 366–4387. international trade accounts and to This action was taken because the SUPPLEMENTARY INFORMATION: OMB compile the Input-Output Tables of the situation in Lebanon was such that Approval No. 2138–0013. United States. American citizens there could not be Title: Report of Financial and Operation The Department of Labor uses considered safe from terrorist acts. Statistics for Large Certificated Air employment statistics in its Productivity Although there continues to be Carriers Studies and Indices. improvement in the security situation, Form No.: BTS Form 41 Dated: February 26, 1996. review of the situation there has led me Type of Review: Extension of a Timothy E. Carmody, to conclude that Lebanon continues to currently approved collection. be an area ‘‘* * * where there is Respondents: Large certificated air Acting Director, Office of Airline Statistics, Bureau of Transportation Statistics. imminent danger to the public health or carriers the physical safety of United States Number of Respondents: 98 [FR Doc. 96–4801 Filed 2–29–96; 8:45 am] travelers’’ within the meaning of 22 Estimated Time Per Response: 4 hours BILLING CODE 4910±7E±P U.S.C. 211a and 22 CFR 51.73(a)(3). Total Annual Burden: 35287 Accordingly, all United States Needs and Uses: DOT uses Form 41 Aviation Proceedings; Agreements passports shall remain invalid for travel traffic data to help formulate the United Filed During the Week Ending to, in, or through Lebanon unless States position in international February 23, 1996 specifically validated for such travel negotiations, to select carriers for under the authority of the Secretary of international routes and to conduct The following Agreements were filed State. environmental impact analyses. DOT with the Department of Transportation This Public Notice shall be effective uses Form 41 cost data to calculate the under the provisions of 49 U.S.C 412 upon publication in the Federal Standard Fare Levels (Passenger and and 414. Answers may be filed within Register and shall expire at the end of Cargo) and to set the Intra-Alaska and 21 days of date of filing. six months unless extended or sooner international mail rates. The Docket Number: OST–96–1092. revoked by Public Notice. Department of the Air Force, Military Date filed: February 21, 1996. Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices 8097

Parties: Members of the International Subpart Q of the Regulations, requests has decided that the motor vehicle is Air Transport Association. authority to engage in charter air substantially similar to a motor vehicle Subject: TC1 Telex Mail Vote 781, St. transportation of passengers, property, originally manufactured for importation Croix and St. Thomas add-ons, Intended and mail: Between a place in (i) a into and sale in the United States, effective date: March 1, 1996. State, territory, or possession of the certified under 49 U.S.C. 30115 Docket Number: OST–96–1093. United States and a place in the (formerly section 114 of the Act), and of Date filed: February 21, 1996. District of Columbia or another State, the same model year as the model of the Parties: Members of the International territory or possession of the United motor vehicle to be compared, and is Air Transport Association. States; (ii) Hawaii and another place capable of being readily altered to Subject: COMP Telex Mail Vote 782, in Hawaii through the airspace over a conform to all applicable Federal motor Burundi Currency Change, r-1— 010z place outside Hawaii; (iii) the District vehicle safety standards. Where there is r-2—010ff, Intended effective date: April of Columbia and another place in the no substantially similar U.S.-certified 1, 1996. District of Columbia; and (iv) a motor vehicle, 49 U.S.C. 30141(a)(1)(B) Paulette V. Twine, territory or possession of the United (formerly section 108(c)(3)(A)(i)(II) of Chief, Documentary Services Division. States and another place in the same the Act) permits a nonconforming motor territory or possession. vehicle to be admitted into the United [FR Doc. 96–4840 Filed 2–29–96; 8:45 am] Docket Number: OST–96–1103 States if its safety features comply with, BILLING CODE 4910±62±P Date filed: February 23, 1996 or are capable of being altered to comply Due Date for Answers, Conforming with, all applicable Federal motor vehicle safety standards based on Notice of Applications for Certificates Applications, or Motion to Modify destructive test data or such other of Public Convenience and Necessity Scope: March 22, 1996 Description: Application of Sky Trek evidence as the Secretary of and Foreign Air Carrier Permits Filed International Airlines, Inc., pursuant Transportation decides to be adequate. Under Subpart Q During the Week to 49 U.S.C. Section 41102, and Under 49 U.S.C. 30141(a)(1) (formerly Ending February 23, 1996 Subpart Q of the Regualtions, requests section 108(c)(3)(C)(i) of the Act), The following Applications for authority to engage in charter air import eligibility decisions may be Certificates of Public Convenience and transportation of passengers, property, made ‘‘on the initiative of the Secretary Necessity and Foreign Air Carrier and mail: Between any place in the of Transportation or on petition of a Permits were filed under Subpart Q of United States and any place outside manufacturer or importer registered the Department of Transportation’s thereof. under [49 U.S.C. 30141(c)].’’ The Procedural Regulations (See 14 CFR Paulette V. Twine, Secretary’s authority to make these 302.1701 et. seq.). The due date for Chief, Documentary Services Division. decisions has been delegated to the Answers, Conforming Applications, or [FR Doc. 96–4839 Filed 2–29–96; 8:45 am] Administrator of NHTSA under 49 CFR 1.50(a). The Administrator initially Motions to modify Scope are set forth BILLING CODE 4910±62±P below for each application. Following redelegated to the Associate the Answer period DOT may process the Administrator for Enforcement (now application by expedited procedures. National Highway Traffic Safety Safety Assurance) the authority to grant Such procedures may consist of the Administration or deny petitions for import eligibility adoption of a show-cause order, a decisions submitted by motor vehicle tentative order, or in appropriate cases Annual List of Nonconforming manufacturers and registered importers, a final order without further Vehicles Decided To Be Eligible for and subsequently transferred this proceedings. Importation authority to the Director, Office of Vehicle Safety Compliance (49 CFR Docket Number: OST–96–1091 AGENCY: National Highway Traffic 501.8(l)). Thus far, a number of import Date filed: February 21, 1996 Safety Administration (NHTSA), DOT. eligibility decisions have been made on Due Date for Answers, Conforming ACTION: Annual list of nonconforming the Administrator’s own initiative, and Applications, or Motion to Modify vehicles decided to be eligible for the Associate Administrator and Office Scope: March 20, 1996 importation. Director have granted many petitions for Description: Application of American such decisions submitted by registered SUMMARY: This notice lists all vehicles Airlines, Inc., pursuant to 49 U.S.C. importers. Section 41108 and Subpart Q of the not originally manufactured to comply Under 49 U.S.C. 30141(b)(2) (formerly Regulations, applies for a certificate of with all applicable Federal motor section 108(c)(3)(C)(iv) of the Act), a list public convenience and necessity vehicle safety standards that have been of all import eligibility decisions must authorizing foreign air transportation decided, as of January 22, 1996, to be be published annually in the Federal of persons, property and mail between eligible for importation into the United Register. That list is set forth in Annex the terminal points Chicago, Illinois, States. A and is current as of January 22, 1996. Los Angeles, California, and New FOR FURTHER INFORMATION CONTACT: Each vehicle on the list is preceded by York, New York and the terminal George Entwistle, Office of Vehicle a vehicle eligibility number. The point Tokyo, Japan, with the right to Safety Compliance, NHTSA (202–366– importer of a vehicle admissible under integrate such authority with its 5306). any eligibility decision must write that certificate for Route 137. SUPPLEMENTARY INFORMATION: Under 49 number on the Form HS–7 Docket Number: OST–96–1102 U.S.C. 30141(a)(1)(A) (formerly section accompanying entry to indicate that the Date filed: February 23, 1996 108(c)(3)(A)(i)(I) of the National Traffic vehicle is eligible for importation. Due Date for Answers, Conforming and Motor Vehicle Safety Act (the Act)), ‘‘VSA’’ eligibility numbers are assigned Applications, or Motion to Modify a motor vehicle that was not originally to all vehicles that are decided to be Scope: March 22, 1996 manufactured to conform to all eligible for importation on the initiative Description: Application of Sky Trek applicable Federal motor vehicle safety of the Administrator. ‘‘VSP’’ eligibility International Airlines, Inc., pursuant standards shall be refused admission numbers are assigned to vehicles that to 49 U.S.C. Section 41102, and into the United States unless NHTSA are decided to be eligible under 49 8098 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices

U.S.C. 30141(a)(1)(A), based on a imported into the United States without (b) All passenger cars manufactured petition from a manufacturer or regard to their compliance with on or after September 1, 1989, and registered importer which establishes applicable Federal motor vehicle safety before September 1, 1996, which are that a substantially similar U.S.-certified standards. Since the importation of a equipped with an automatic restraint vehicle exists. ‘‘VCP’’ eligibility vehicle more than 25 years old is not system that complies with Federal numbers are assigned to vehicles that conditioned on the existence of an Motor Vehicle Safety Standard (FMVSS) are decided to be eligible under 49 eligibility decision, NHTSA has No. 208; U.S.C. 30141(a)(1)(B), based on a amended its eligibility decisions so that (c) All multipurpose passenger petition from a manufacturer or they no longer apply to such vehicles. vehicles, trucks, and buses less than 25 registered importer which establishes Authority: 49 U.S.C. 30141(b)(2); 49 CFR years old that were manufactured before that the vehicle has safety features that 593.8; delegations of authority at 49 CFR 1.50 comply with, or are capable of being and 501.8. September 1, 1991; altered to comply with, all applicable Issued on: February 27, 1996. (d) All multipurpose passenger Federal motor vehicle safety standards. Marilynne Jacobs, vehicles, trucks, and buses Vehicles for which eligibility decisions Director, Office of Vehicle Safety Compliance. manufactured on and after September 1, have been made are listed in Annex A 1991, certified by their original Annex A—Vehicles Certified by Their alphabetically by make. Eligible models manufacturer to comply with the Original Manufacturer as Complying within each make are listed numerically requirements of FMVSS No. 202 and by ‘‘VSA,’’ ‘‘VSP,’’ or ‘‘VCP’’ number. With All Applicable Canadian Motor Vehicle Safety Standards 208 to which they would have been Under 49 U.S.C. 30112(b)(9) (formerly subject had they been manufactured for # section 108(i) of the Act), ‘‘any motor VSA 1 sale in the United States; and vehicle that is at least 25 years old’’ is (a) All passenger cars less than 25 (e) All trailers and motorcycles less not subject to importation restrictions. years old that were manufactured before than 25 years old. Such vehicles may therefore be September 1, 1989;

VEHICLES MANUFACTURED FOR OTHER THAN THE CANADIAN MARKET

VSP No. Model type Model year

Acura

51 ...... Legend ...... 1988. 77 ...... Legend ...... 1989.

Alfa Romeo

44 ...... Spider ...... 1972. 70 ...... Spider ...... 1987. 76 ...... 164 ...... 1991. 124 ...... GTV ...... 1985.

Aston Martin

123 ...... Volante ...... 1990 through 1991.

Audi

93 ...... 100 ...... 1989.

BMW

3 ...... 2002 ...... 1972 through 1976. 7 ...... 2002A ...... 1972 through 1976. 10 ...... 2002Tii ...... 1972 through 1974. 11 ...... 3.0 and 3.0A Bavaria ...... 1972. 12 ...... 3.0CSi and 3.0SiA ...... 1972 through 1974. 13 ...... 3.0S and 3.0SA ...... 1974. 14 ...... 3.0Si and 3.0SiA ...... 1975. 15 ...... 530i and 530iA ...... 1975 through 1978. 16 ...... 320, 320i, and 320iA ...... 1976 through 1985. 17 ...... 630CSi 630CSiA ...... 1977. 18 ...... 633CSi and 633CSiA ...... 1977 through 1984. 19 ...... 733i and 733iA ...... 1977 through 1984. 20 ...... 528i and 528iA ...... 1979 through 1984. 21 ...... 528e and 528eA ...... 1982 through 1988. 22 ...... 533i and 533iA ...... 1983 through 1984. 23 ...... 318i and 318iA ...... 1981 through 1989. 24 ...... 325e and 325eA ...... 1984 through 1987. 25 ...... 535i and 535iA ...... 1985 through 1989. 26 ...... 524tdA ...... 1985 through 1986. Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices 8099

VEHICLES MANUFACTURED FOR OTHER THAN THE CANADIAN MARKETÐContinued

VSP No. Model type Model year

27 ...... 635, 635CSi, and 635CSiA ...... 1979 through 1989. 28 ...... 735, 735i, and 735iA ...... 1980 through 1989. 29 ...... L7 ...... 1986 through 1987. 30 ...... 325, 325i, 325iA, and 325E ...... 1985 through 1989. 31 ...... 325 is and 325isA ...... 1987 through 1989. 32 ...... M6 ...... 1987 through 1988. 33 ...... 325iX and 325iXA ...... 1988 through 1989. 34 ...... M5 ...... 1988. 35 ...... M3 ...... 1988 through 1989. 66 ...... 316 ...... 1978 through 1982. 67 ...... 323i ...... 1978 through 1985. 68 ...... 520 and 520i ...... 1978 through 1983. 69 ...... 525 and 525i ...... 1979 through 1982. 70 ...... 728 and 728i ...... 1977 through 1985. 71 ...... 730, 730i, and 730iA ...... 1978 through 1980. 72 ...... 732i ...... 1980 through 1984. 73 ...... 745i ...... 1980 through 1986. 78 ...... All other models except those in the M1 and Z1 series ...... 1972 through 1989.

BMW

4 ...... 518i ...... 1986. 5 ...... 525i ...... 1989. 6 ...... 730iA ...... 1988. 9 ...... 520iA ...... 1989. 10 ...... 850i ...... 1991. 14 ...... 728i ...... 1986. 15 ...... 625CSi ...... 1981. 24 ...... 730i ...... 1991. 25 ...... 316 ...... 1986. 32 ...... 628CSi ...... 1980. 41 ...... 750iL ...... 1993. 46 ...... 518i ...... 1991. 55 ...... 850i ...... 1993. 57 ...... 730i ...... 1993. 79 ...... 525i ...... 1991±1992. 81 ...... 750iL ...... 1991. 91 ...... 750iL ...... 1990. 96 ...... 325i ...... 1991. 99 ...... 840Ci ...... 1993. 110 ...... 520i ...... 1992. 119 ...... 520i ...... 1994. 131 ...... 730i ...... 1993 through 1994. 133 ...... 525i ...... 1993.

BMW Motorcycle

30 ...... R75/6 ...... 1974. 58 ...... R100S ...... 1977.

Bristol Bus

2 ...... VRT BusÐDouble Decker ...... 1978±1981. 4 ...... VRT BusÐDouble Decker ...... 1977. 10 ...... VRT BusÐDouble Decker ...... 1972 through 1973.

Citroen

1 ...... XM ...... 1990 through 1992.

Dodge

112 ...... Colt ...... 1973. 8100 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices

VEHICLES MANUFACTURED FOR OTHER THAN THE CANADIAN MARKET

VSP No. Model type Model year

135 ...... Ram ...... 1994 through 1995.

Ferrari

36 ...... 308 (all models) ...... 1974 through 1985. 37 ...... 328 GTS ...... 1985 through 1989. 37 ...... 328 (all other models) ...... 1985 and 1988 through 1989. 38 ...... GTO ...... 1985. 39 ...... Testarossa ...... 1987 through 1989. 74 ...... Mondial (all models) ...... 1980 through 1989. 76 ...... 208, 208 Turbo (all models) ...... 1974 through 1988.

Ferrari

86 ...... 348TB ...... 1992. 100 ...... 365 GTB/4 Daytona ...... 1972±1973. 107 ...... Dino ...... 1973.

Ford

9 ...... Escort RS ...... 1994 through 1995.

GMC

134 ...... Suburban ...... 1992 through 1994.

Hobson

8 ...... Horse Trailer ...... 1985.

Honda

128 ...... Civic DX ...... 1989.

Honda Motorcycle

34 ...... VFR750 ...... 1990. 106 ...... CB1000F ...... 1988.

Jaguar

40 ...... XJS ...... 1980 through 1987. 41 ...... XJ6 ...... 1972 through 1986. 47 ...... XJ6 ...... 1987. 78 ...... Sovereign ...... 1993 129 ...... XJS ...... 1992.

Jaguar Daimler

12 ...... Limousine ...... 1985.

Kenworth

115 ...... T800 ...... 1992.

Lancia

7 ...... Fulvia ...... 1973.

Laverda Motorcycle

37 ...... 1000 ...... 1975. Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices 8101

VEHICLES MANUFACTURED FOR OTHER THAN THE CANADIAN MARKETÐContinued

VSP No. Model type Model year

Mazda

42 ...... RX7 ...... 1978 through 1981.

VSA No. Model type Model ID Model year

Mercedes Benz

43 ...... 600 ...... 100.012 1972 through 1981. 43 ...... 600 Long 4dr ...... 100.014 1972 through 1981. 43 ...... 600 Landaulet ...... 100.015 1972 through 1981. 43 ...... 600 Long 6dr ...... 100.016 1972 through 1981. 44 ...... 280 S.C ...... 107.022 1975 through 1981. 44 ...... 350 S.C ...... 107.023 1972 through 1979. 44 ...... 450 S.C ...... 107.024 1973 through 1989. 44 ...... 380 S.C ...... 107.025 1981 through 1989. 44 ...... 500 S.C ...... 107.026 1978 through 1981. 44 ...... 300 SL ...... 107.041 1986 through 1988. 44 ...... 280 SL ...... 107.042 1972 through 1985. 44 ...... 350 SL ...... 107.043 1972 through 1978. 44 ...... 450 SL ...... 107.044 1972 through 1989. 44 ...... 380 SL ...... 107.045 1980 through 1989. 44 ...... 500 SL ...... 107.046 1980 through 1989. 44 ...... 420 SL ...... 107.047 1986. 44 ...... 560 SL ...... 107.048 1986 through 1989. 45 ...... 280 S ...... 108.016 1972. 45 ...... 280 SE ...... 108.018 1972. 45 ...... 280 SEL ...... 108.019 1972. 45 ...... 280 SE (3.5) ...... 108.057 1972 through 1973. 45 ...... 280 SEL (3.5) ...... 108.058 1972 through 1973. 45 ...... 280 SE (4.5) ...... 108.067 1972. 45 ...... 280 SEL (4.5) ...... 108.068 1972. 46 ...... 300 SEL ...... 109.016 1972. 46 ...... 300 SEL (6.3) ...... 109.018 1972. 46 ...... 300 SEL (4.5) ...... 109.057 1972. 49 ...... 230.6 ...... 114.015 1972 through 1976. 49 ...... 250 ...... 114.010 1972 through 1976. 49 ...... 250 ...... 114.011 1972 through 1976. 49 ...... 250 CE ...... 114.022 1972 through 1976. 49 ...... 250 C ...... 114.023 1972 through 1976. 49 ...... 280 ...... 114.060 1972 through 1976. 49 ...... 280 E ...... 114.062 1972 through 1976. 49 ...... 280 CE ...... 114.072 1972 through 1976. 49 ...... 280 C ...... 114.073 1972 through 1976. 50 ...... 200 ...... 115.015 1976 through 1976. 59 ...... 230.4 ...... 115.017 1974 through 1976. 50 ...... 220 D ...... 115.110 1972 through 1976. 50 ...... 240 D (3.0) ...... 115.114 1974 through 1976. 50 ...... 240 D ...... 115.117 1974 through 1976. 51 ...... 280 S ...... 116.020 1973 through 1980. 51 ...... 280 SE ...... 116.024 1972 through 1988. 51 ...... 280 SEL ...... 116.025 1972 through 1980. 51 ...... 350 SE ...... 116.028 1973 through 1980. 51 ...... 350 SEL ...... 116.029 1972 through 1980. 51 ...... 450 SE ...... 116.032 1972 through 1980. 51 ...... 450 SEL ...... 116.033 1972 through 1988. 51 ...... 450 SEL (6.9) ...... 116.036 1972 through 1988. 52 ...... 200 ...... 123.020 1976 through 1980. 52 ...... 230 ...... 123.023 1976 through 1985. 52 ...... 250 ...... 123.026 1976 through 1985. 52 ...... 280 ...... 123.030 1976 through 1985. 52 ...... 280 E ...... 123.033 1976 through 1985. 52 ...... 230 C ...... 123.043 1978 through 1980. 52 ...... 280 C ...... 123.050 1977 through 1980. 52 ...... 280 CE ...... 123.053 1977 through 1985. 52 ...... 230 T ...... 123.083 1977 through 1985. 52 ...... 280 TE ...... 123.093 1977 through 1985. 52 ...... 200 D ...... 123.120 1980 through 1982. 52 ...... 240 D ...... 123.123 1977 through 1985. 52 ...... 300 D ...... 123.130 1976 through 1985. 52 ...... 300 D ...... 123.133 1977 through 1985. 8102 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices

VSA No. Model type Model ID Model year

52 ...... 300 CD ...... 123.150 1978 through 1985. 52 ...... 240 TD ...... 123.183 1977 through 1985. 52 ...... 300 TD ...... 123.193 1977 through 1985. 52 ...... 200 ...... 123.220 1979 through 1985. 52 ...... 230 E ...... 123.223 1977 through 1985. 52 ...... 230 CE ...... 123.243 1980 through 1984. 52 ...... 230 TE ...... 123.283 1977 through 1985. 53 ...... 280 S ...... 126.021 1980 through 1983. 53 ...... 280 SE ...... 126.022 1980 through 1985. 53 ...... 280 SEL ...... 126.023 1980 through 1985. 53 ...... 300 SE ...... 126.024 1985 through 1989. 53 ...... 300 SEL ...... 126.025 1986 through 1989. 53 ...... 380 SE ...... 126.032 1979 through 1989. 53 ...... 380 SEL ...... 126.033 1980 through 1989. 53 ...... 420 SE ...... 126.034 1985 through 1989. 53 ...... 420 SEL ...... 126.035 1986 through 1989. 53 ...... 500 SE ...... 126.036 1980 through 1986. 53 ...... 500 SEL ...... 126.037 1980 through 1989. 53 ...... 560 SEL ...... 126.039 1986 through 1989. 53 ...... 380 SE ...... 126.043 1982 through 1989. 53 ...... 500 SEC ...... 126.044 1981 through 1989. 53 ...... 560 SEC ...... 126.045 1986 through 1989. 53 ...... 300 SD ...... 126.120 1981 through 1989. 54 ...... 190 ...... 201.022 1984. 54 ...... 190 E (2.3) ...... 201.024 1983 through 1989. 54 ...... 190 E ...... 201.028 1986 through 1989. 54 ...... 190 E (2.6) ...... 201.029 1986 through 1989. 54 ...... 190 E 2.3 16 ...... 201.034 1984 through 1989. 54 ...... 190D (2.2) ...... 201.122 1984 through 1989. 54 ...... 190 D ...... 201.126 1984 through 1989. 55 ...... 200 ...... 124.020 1985. 55 ...... 230E ...... 124.023 1985 through 1987. 55 ...... 260E ...... 124.026 1985 through 1989. 55 ...... 300 E ...... 124.030 1985 through 1989. 55 ...... 300 CE ...... 124.050 1988 through 1989. 55 ...... 230 TE ...... 124.083 1985. 55 ...... 300 TE ...... 124.090 1986 through 1989. 55 ...... 300 D ...... 124.130 1985 and 1986. 55 ...... 300 D Turbo ...... 124.133 1985 through 1989. 55 ...... 300 TD Turbo ...... 124.193 1986 through 1989. 77 ...... All other models except Model ID 114 and 115 with ...... 1972 through 1989. sales designations ``long,'' ``station wagon,'' or ``ambulance'' 1 ...... 230 E ...... 124.023 1988. 2 ...... 230 TE ...... 124.083 1989. 3 ...... 200 TE ...... 124.081 1989. 7 ...... 300SL ...... 107.041 1989. 11 ...... 200E ...... 124.021 1989. 17 ...... 200D ...... 124.120 1986. 18 ...... 260SE ...... 126.020 1986. 19 ...... 230E ...... 124.023 1990. 20 ...... 230E ...... 124.023 1989. 21 ...... 300SEL ...... 126.025 1990. 22 ...... 190E ...... 201.024 1990. 23 ...... 500SEL ...... 129.066 1989. 26 ...... 500SE ...... 140.050 1991. 27 ...... 600SEL ...... 140.057 1992. 28 ...... 260SE ...... 126.020 1989. 33 ...... 500SL ...... 129.066 1991. 35 ...... 500SE ...... 126.036 1988. 40 ...... 300TE ...... 124.090 1990. 45 ...... 190E ...... 201.024 1991. 48 ...... 420SEL ...... 126.035 1990. 50 ...... 500SE ...... 140.050 1992. 54 ...... 300SL ...... 129.006 1992. 56 ...... 500E ...... 124.036 1991. 60 ...... 500SL ...... 129.006 1992. 63 ...... 500SEL ...... 126.037 1991. 64 ...... 300CE ...... 124.051 1990. 66 ...... 500SEC ...... 126.044 1990. 67 ...... 300SE ...... 140.032 1993. 68 ...... 300SE ...... 126.024 1990. 69 ...... 300SE ...... 140.032 1992. 71 ...... 190E ...... 201.028 1992. Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices 8103

VSA No. Model type Model ID Model year

74 ...... 230E ...... 124.023 1991. 75 ...... 200E ...... 124.019 1993. 83 ...... 300CE ...... 124.051 1991. 84 ...... 230CE ...... 124.043 1991. 85 ...... S280 ...... 140.028 1994. 89 ...... 560SEL ...... 126.039 1990. 105 ...... 260E ...... 124.026 1992. 109 ...... 200E ...... 124.012 1991. 114 ...... 300E ...... 124.031 1992. 117 ...... 300Ce ...... 124.050 1992. 120 ...... S320 ...... 140.033 1994. 121 ...... 600SL ...... 129.076 1992. 126 ...... 190E ...... 201.018 1992. 127 ...... 230E ...... 124.023 1993. 130 ...... 600SL ...... 129.076 1992 through 1993. 140 ...... 500SL ...... 129.067 1993 through 1995. 141 ...... 560SEC ...... 126.045 1990. 3 ...... 300GE ...... 463.228 1993. 5 ...... 300GE ...... 463.228 1990±1992, 1994. 6 ...... G320 ...... 1995. 11 ...... 463 ...... 1996.

VSP No. Model type Model year

MG

98 ...... MGB GT Coupe ...... 1972 136 ...... MGB Roadster ...... 1972

Mitsubishi

8 ...... Galant VX ...... 1988 13 ...... Galant SUP ...... 1989

Moto Guzzi

118 ...... Daytona ...... 1993

Nissan

75 ...... Z and 280Z ...... 1973 through 1981 75 ...... Fairlady and Fairlady Z ...... 1975 through 1979 138 ...... Maxima ...... 1989

Peugeot

65 ...... 405 ...... 1989

Porsche

56 ...... 911 Coupe ...... 1972 through 1989 56 ...... 911 Targa ...... 1972 through 1989 56 ...... 911 Turbo ...... 1976 through 1989 56 ...... 911 Cabriolet ...... 1984 through 1989 56 ...... 911 Carrera ...... 1972 through 1989. 58 ...... 914 ...... 1972 through 1976. 59 ...... 924 Coupe ...... 1976 through 1989. 59 ...... 924 Turbo Coupe ...... 1979 through 1989. 59 ...... 924 S ...... 1987 through 1989. 60 ...... 928 Coupe ...... 1976 through 1989. 60 ...... 928 S Coupe ...... 1983 through 1989. 60 ...... 928 S4 ...... 1979 through 1989. 60 ...... 928 GT ...... 1979 through 1989. 61 ...... 944 Coupe ...... 1982 through 1989. 61 ...... 944 Turbo Coupe ...... 1985 through 1989. 61 ...... 944 S Coupe ...... 1987 through 1989. 79 ...... All other models except Model 959 ...... 1972 through 1989. 29 ...... 911 C4 ...... 1990. 52 ...... 911 Carrera ...... 1992. 97 ...... 944 ...... 1990. 8104 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices

VSP No. Model type Model year

103 ...... Carrera ...... 1994. 116 ...... 946 ...... 1994. 125 ...... 911 Turbo ...... 1992.

Rolls Royce

62 ...... Silver Shadow ...... 1972 through 1979. 16 ...... Bentley ...... 1989. 53 ...... Bentley Turbo ...... 1986. 122 ...... Camargue ...... 1984 through 1985.

Saab

59 ...... 900 ...... 1988.

Sprite

12 ...... Musketeer Trailer ...... 1980.

Suzuki Motorcycle

111 ...... GS850 ...... 1985.

Toyota

63 ...... Camry ...... 1987 through 1988. 64 ...... Celica ...... 1987 through 1988. 65 ...... Corolla ...... 1987 through 1988. 39 ...... Camry ...... 1989. 101 ...... Landcruiser ...... 1989. 102 ...... Landcruiser ...... 1991.

Triumph

108 ...... Spitfire ...... 1973.

Volkswagen

42 ...... Scirocco ...... 1986. 73 ...... Golf Rally ...... 1988. 80 ...... Golf ...... 1988. 92 ...... Golf ...... 1993.

Volvo

43 ...... 262C ...... 1981. 87 ...... 740 Sedan ...... 1988. 95 ...... 940GL ...... 1993.

Yamaha

113 ...... FJ1200 ...... 1991.

[FR Doc. 96–4837 Filed 2–29–96; 8:45 am] Surface Transportation Board 1 under 49 CFR 1180.2(d)(2) to continue BILLING CODE 4910±59±P±M in control of Illinois & Midland [STB Finance Docket No. 32863] Railroad, Inc. (IMR), upon IMR’s becoming a class III rail carrier. IMR, a Genesee & Wyoming, Inc.Ð noncarrier, has concurrently filed a Continuance in Control ExemptionÐ notice of exemption in Illinois & Illinois & Midland Railroad, Inc. Midland Railroad, Inc.—Acquisition Genesee & Wyoming, Inc. (GWI), a and Operation Exemption—Chicago & noncarrier, has filed a verified notice Illinois Midland Railway Company, STB Finance Docket No. 32862, in which 1 The ICC Termination Act of 1995, Pub. L. No. IMR seeks to acquire and operate 98 104–88, 109 Stat. 803 (the Act), which was enacted on December 29, 1995, and took effect on January to the Surface Transportation Board (Board). This 1, 1996, abolished the Interstate Commerce notice relates to functions that are subject to Board Commission (ICC) and transferred certain functions jurisdiction pursuant to 49 U.S.C. 11323. Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices 8105 miles of rail lines of Chicago & Illinois By the Board, David M. Konschnik, Eric M. Hocky, Esq., Gollatz, Griffin & Midland Railway Company (CIMR), in Director, Office of Proceedings. Ewing, P.O. Box 796, 213 West Miner the State of Illinois. IMR also seeks to Vernon A. Williams, St., West Chester, PA 19381–0796. acquire the interest of CIMR in 25.4 Secretary. Decided: February 22, 1996. miles of overhead trackage rights in the [FR Doc. 96–4794 Filed 2–29–96; 8:45 am] By the Board, David M. Konschnik, State of Illinois. The transaction was to BILLING CODE 4915±00±P Director, Office of Proceedings. have been consummated on or about Vernon A. Williams, February 8, 1996. [STB Finance Docket No. 32862] Secretary. GWI also controls through stock [FR Doc. 96–4793 Filed 2–29–96; 8:45 am] ownership 9 other nonconnecting class Illinois & Midland Railroad, Inc.; BILLING CODE 4915±00±P III rail carriers: Genesee & Wyoming Acquisition and Operation Exemption; Railroad Company; Dansville and Chicago & Illinois Midland Railway Company [STB Finance Docket No. 32858] Mount Morris Railroad Company; Rochester & Southern Railroad, Inc.; Illinois & Midland Railroad, Inc. Illinois Central Corporation and Illinois Louisiana & Delta Railroad, Inc.; Buffalo (IMR), a noncarrier, has filed a notice of Central Railroad Company; Control; & Pittsburgh Railroad, Inc.; Bradford exemption to acquire and operate 98 CCP Holdings, Inc., Chicago, Central & Industrial Rail, Inc.; Allegheny & miles of rail lines of Chicago & Illinois Pacific Railroad Company and Cedar Eastern Railroad, Inc.; Willamette & Midland Railway Company (CIMR) River Railroad Company Pacific Railroad, Inc.; and GWI extending from milepost 10 at Pekin to AGENCY: Surface Transportation Board. Switching Services.2 milepost 87 at Springfield, and extending from milepost 100 at Cimic to ACTION: Notice of acceptance of The transaction is exempt from the milepost 121 at Taylorville, in the State application. prior approval requirements of 49 U.S.C. of Illinois. IMR will also acquire the SUMMARY: The Board accepts for 11323 [formerly section 11343] because: interest of CIMR in 25.4 miles of (1) The railroads will not connect with consideration the application filed overhead trackage rights over: (1) The January 31, 1996, by Illinois Central each other or with any railroad in their line of railroad of Peoria & Pekin Union corporate family; (2) the continuance in Corporation (IC Corp.), Illinois Central Railway Company extending from Railroad Company (ICR), CCP Holdings, control is not part of a series of milepost 0.0 at Peoria to milepost 10 at anticipated transactions that would Inc. (Holdings), Chicago, Central and Pekin; and (2) the line of railroad of Pacific Railroad Company (CCPR), and connect the railroads with each other or Illinois Central Railroad Company Cedar River Railroad Company (CRRC) with any railroad in their corporate extending from milepost 191.9 at (collectively referred to as applicants) family; and (3) the transaction does not Springfield to milepost 207.3 at Cimic, for approval and authorization of IC involve a class I carrier. in the State of Illinois. The transaction Corp.’s acquisition of control of CCPR As a condition to this exemption, any was to have been consummated on or and CRRC through ownership of the employees adversely affected by the about February 8, 1996. stock of Holdings, CCPR/CRRC’s parent. This proceeding is related to Genesee transaction will be protected under New IC Corp. already controls ICR through & Wyoming, Inc.—Continuance in York Doc Ry.—Control—Brooklyn ownership of all of ICR’s stock.2 In Control Exemption—Illinois & Midland accordance with 49 CFR Eastern Dist., 360 I.C.C. 60 (1979). Railroad, Inc., STB Finance Docket No. 1180.4(b)(2)(iv), the Board finds that If the verified notice contains false or 32863, wherein Genesee & Wyoming, this is a minor transaction as described misleading information, the exemption Inc., has concurrently filed a notice of in 49 CFR 1180.2(c). is void ab initio. Petitions to reopen the exemption to continue to control IMR DATES: This decision is effective on proceeding to revoke the exemption upon its becoming a rail carrier. March 1, 1996. Written comments, This notice is filed under 49 CFR under 49 U.S.C. 10502(d) [formerly including comments from the Secretary 1150.31. If the notice contains false or section 10505(d)] may be filed at any of Transportation and the Attorney misleading information, the exemption time. The filing of a petition to reopen General of the United States, must be is void ab initio. Petitions to reopen the will not automatically stay the filed with the Board no later than April proceeding to revoke the exemption transaction. An original and 10 copies of 1, 1996, and concurrently served on under 49 U.S.C. 10502(d) [formerly all pleadings, referring to STB Finance applicants’ representatives. The Board section 10505(d)] may be filed at any Docket No. 32863, must be filed with will issue a service list shortly time. The filing of a petition to reopen the Office of the Secretary, Case Control thereafter. Comments must be served on will not automatically stay the Branch, Surface Transportation Board, all parties of record within 5 days after transaction. An original and 10 copies of 1201 Constitution Ave., N.W., the Board issues the service list and all pleadings, referring to STB Finance Washington, DC 20423. In addition, a confirmed by certificate of service filed Docket No. 32862, must be filed with with the Board indicating that all copy of each pleading must be served on the Office of the Secretary, Case Control designated individuals and Eric M. Hocky, Esq., Gollatz, Griffin & Branch, Surface Transportation Board, Ewing, P.O. Box 796, 213 West Miner 1201 Constitution Ave., N.W., St., West Chester, PA 19381–0796. 1 The ICC Termination Act of 1995, Pub. L. 104– Washington, DC 20423. In addition, a 88, 109 Stat. 803 (the Act), which was enacted on Decided: February 22, 1996. copy of each pleading must be served on December 29, 1995, and took effect on January 1, 1996, abolished the Interstate Commerce 1 The ICC Termination Act of 1995, Pub. L. 104– Commission (ICC) and transferred certain functions 88, 109 Stat. 803 (the Act), which was enacted on to the Surface Transportation Board (Board). This 2 Also, GWI has in Genesee & Wyoming December 29, 1995, and took effect on January 1, notice relates to a railroad acquisition of control Industries, Inc.—Continuance in Control 1996, abolished the Interstate Commerce transaction that is subject to Board jurisdiction Exemption—Portland & Western Railroad, Finance Commission (ICC) and transferred certain functions pursuant to 49 U.S.C. 11323–25. Docket No. 32759, a pending petition for exemption to the Surface Transportation Board (Board). This 2 Where appropriate, IC Corp. and ICR are to continue in control of a connecting Class III notice relates to functions that are subject to Board collectively referred to as IC, and CCPR and CRRC railroad. jurisdiction pursuant to 49 U.S.C. 10901. are collectively referred to as CC&P. 8106 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices organizations on the service list have miles of rail lines in six Midwestern and provide shippers and receivers on IC been properly served. Applicants’ reply South Central States. ICR is a wholly and CC&P with new routing options and is due April 22, 1996.3 owned subsidiary of IC Corp., a more efficient and competitive single- ADDRESSES: Send an original and 10 noncarrier holding company. ICR line service. For example, according to copies of pleadings referring to STB controls and operates the Kensington & applicants, CC&P grain shippers will Finance Docket No. 32858 to: Office of Eastern Railroad Company and Waterloo gain direct, single-line access to long- the Secretary, Surface Transportation Railway Company, applicant carriers haul destination markets in the South- Board, Case Control Branch, 1201 that own rail property in the States of Central United States and to export Constitution Avenue, N.W., Illinois and Mississippi. ICR also owns markets through the Gulf ports of New Washington, DC 20423. In addition, non-controlling stock interests in Orleans and Mobile, AL. At the same send one copy of all documents to several switching and terminal time, grain receivers on IC will be applicants’ representatives: (1) William railroads.4 assured reliable, independent and long- C. Sippel, Two Prudential Plaza, 45th Applicant CCPR is a Class II rail term access to grain from Iowa origins. Floor, 180 North Stetson Avenue, carrier that owns and operates Coal shippers and receivers on IC’s lines Chicago, IL 60601; (2) Myles L. Tobin, approximately 724 miles of rail line will likewise gain access to additional 455 North Cityfront Plaza Drive, between Chicago, IL, on the east and markets via CC&P’s lines. Applicants Chicago, IL 60611–5504; and (3) Byron Sioux City, IA, and Council Bluffs, IA/ state that all customers will benefit from D. Olsen, 4200 First Bank Place, 601 Omaha, NE, on the west. The Chicago- the improved transit times, better 2nd Avenue South, Minneapolis, MN Sioux City/Omaha line was formerly the equipment utilization and other 55402. Iowa Division of IC; CCPR purchased operating efficiencies made possible by FOR FURTHER INFORMATION CONTACT: the line from IC and began operations in common control. Beryl Gordon, (202) 927–5610. [TDD for 1985. Applicants maintain that, in addition the hearing impaired: (202) 927–5721.] Applicant CRRC is a Class III rail to generating benefits for the shipping public, the proposed transaction will SUPPLEMENTARY INFORMATION: By carrier that owns or operates strengthen the combined IC/CC&P application filed January 31, 1996, approximately 102 miles of rail lines system and improve both its operating Board approval is being sought under 49 between Waterloo, IA, and Glenville, and financial performance. Applicants U.S.C. 11323–25 (formerly 49 U.S.C. MN. CRRC was formed in 1991 as a 5 estimate that common control will 11343–45) for IC Corp.’s acquisition of wholly owned subsidiary of CCPR to attract approximately 11,500 new control of CCPR and CRRC through acquire the Waterloo-Albert Lea, MN carloads of traffic annually to the IC/ ownership of the stock of Holdings. line from the defunct Cedar Valley The applicants recite that their Railroad Company. CC&P system and will present transaction is a ‘‘minor transaction’’ Applicant Holdings is a noncarrier significant opportunities to reduce subject to the provisions of 49 CFR holding company which directly expenses and rationalize operations. 1180.2, the regulations that controls CCPR and CRRC. Holdings also Applicants maintain that the proposed implemented former sections 11343–45. controls Iron Horse Properties, Inc. and transaction will help position IC to The transaction here specifically is the Missouri River Bridge Company, remain a competitive, independent and both noncarriers. Holdings is controlled viable carrier amid consolidation and subject to the standards of new section 6 11324(d), because it does not involve by Donald R. Wood, Jr. market aggregation in the rail industry. Applicants submit that the proposed the merger or control of two Class I IC Corp. proposes to acquire control end-to-end combination of IC and CC&P railroads. Also, as discussed below, of CCPR and CRRC through purchase of under common control will have no because we have determined that the all of the issued and outstanding adverse impact on competition. To the transaction is not of regional or national common stock of Holdings. Although contrary, they state that common control significance, the procedures set out at CCPR and CRRC will be marketed as of IC and CC&P will enhance new section 11325(d) apply. Section part of the IC rail system and CCPR’s competition and provide improved 204(a) of the Act provides that all ICC operations will be coordinated with service and routing options for shippers rules in effect on the date of the those of ICR, they will remain separate on ICR and CC&P lines. According to enactment of the Act ‘‘shall continue in legal entities. IC Corp. has no present applicants, grain shippers on CC&P in effect according to their terms until plans to merge CCPR or CRRC into IC. particular will benefit from new single- modified, terminated, superseded, set IC proposes to consummate control of CC&P (through IC Corp.’s acquisition of line routes to major grain processing aside, or revoked in accordance with plants on ICR and from competitive law by the Board . . . or operation of Holdings’ stock) as soon as a Board decision approving this application and single-line rail access to export grain law.’’ While the standards and markets via ICR’s lines to the ports of procedures of former sections 11343–45 authorizing the proposed control transaction has become effective. New Orleans and Mobile. These and new sections 11323–25 are shippers will also benefit by having substantially similar insofar as minor Applicants state that common control transactions are concerned, the of IC and CC&P will position both rail systems to more effectively serve their 6 In Union Pacific Corporation, Union Pacific procedures of new section 11325(d) Railroad Company, and Missouri Pacific Railroad differ slightly from those contained in customers and compete in the Company—Control and Merger—Southern Pacific the regulations at 49 CFR 1180.4 and, increasingly concentrated rail Rail Corporation, Southern Pacific Transportation Company, St. Louis Southwestern Railway therefore, shall govern. Otherwise, the marketplace which surrounds them. The proposed transaction assertedly will Company, SPCSL Corp., and The Denver and Rio use of the regulations at 49 CFR Part Grande Western Railroad Company, Finance Docket 1180 for this proceeding appears proper. No. 32760, applicants in that proceeding have Applicant ICR is a Class I railroad 4 IC owns non-controlling stock interests in The submitted a settlement agreement entered into with Belt Railway Company of Chicago, the Mississippi IC that, among other things, calls for developing operating approximately 2,624 route Export Railroad Company, the Paducah & Illinois traffic through joint marketing efforts after Railroad Company, the Peoria & Pekin Union consummation of the UP/SP merger if it is 3 This procedural schedule comports with the Railway Company and the Terminal Railroad approved. See applicants’ submission of settlement schedule proposed by applicants in their petition Association of St. Louis. agreements with Utah Railway and Illinois Central, for establishment of a procedural schedule, filed 5 CRRC is now a wholly owned subsidiary of UP/SP–74, filed February 2, 1996, in Finance concurrently with the application. Holdings and a sister company to CCPR. Docket No. 32760. Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices 8107 access to ICR’s fleet of over 4,000 consolidation of dispatching functions (c) The commenting party’s position, covered hopper cars. Applicants also at the latter facility. Some CC&P i.e., whether it supports or opposes the state that grain receivers on ICR, maintenance-of-way positions will be proposed transaction; including grain processors in Illinois, eliminated by introduction of modern (d) A statement whether the Tennessee, Mississippi, Louisiana and mechanized track maintenance commenting party intends to participate Alabama will benefit from reliable, long- procedures on CC&P’s lines. However, formally in the proceeding, or merely term, independent access to Iowa grain. all maintenance work on CC&P lines comment on the proposal; In addition to grain shippers and will continue to be performed by CC&P (e) If desired, a request for an oral receivers, applicants submit that the employees. hearing with reasons supporting this combination of CC&P and IC into a The applicable level of labor request; the request must indicate the single system will open new single-line protection for the control transaction disputed material facts that can be routes for shippers of Illinois Basin coal proposed herein is that set forth in New resolved only at a hearing; and from ICR origins in Illinois to York Dock Ry.—Control—Brooklyn (f) A list of all information sought to destinations on CC&P’s lines and new Eastern Term. Dist., 360 I.C.C. 60 (1979). be discovered from applicant carriers. marketing opportunities for intermodal No employee protection agreements Because we have determined that this shippers. have been reached as of the date of the proposal is a minor transaction, no Applicants maintain that shippers on application. IC anticipates offering responsive applications will be both railroads will benefit from transfer or a severance package to permitted. Except as noted above, the improved car supply from access to the employees whose positions are time limits for processing a minor larger car fleet of the combined system, eliminated as a result of IC’s acquisition transaction, set forth at 49 U.S.C. and from faster transit times and of control of CC&P. 11325(d), govern. improved operating efficiency. They Discovery may begin immediately. We state that no customer will lose rail Under 49 CFR 1180, we must determine whether a proposed admonish the parties to resolve all service as a result of the transaction. discovery matters expeditiously and Indeed, they claim that a combined IC/ transaction is a major, significant, or minor transaction. The proposed amicably. CC&P system will be stronger, This action will not significantly financially and operationally, than transaction, which does not involve the merger or control of two or more Class affect either the quality of the human either carrier could be separately, and environment or the conservation of thus will be better able to compete with I railroads and which will reunite under common control rail lines that were energy resources. other railroads, motor carriers and It is ordered: barges in providing effective and previously operated by IC as a single system, has no regional or national 1. This application is accepted for efficient service to the shipping public. consideration under 49 U.S.C. 11323–25 According to applicants, common significance and will not have any as a minor transaction under 49 CFR control will have no adverse impact on anticompetitive effects. Accordingly, we 1180.2(c). the continuation of essential find the proposal to be a minor transportation services by IC, CC&P or transaction under 49 CFR 1180.2(c), 2. The parties shall comply with all any other carrier. Diversions of traffic consistent with the categories of provisions stated above. from other rail carriers will be minimal. transactions now defined at 49 U.S.C. 3. This decision is effective on March Furthermore, they state that the 11325(a). Because the application 1, 1996. transaction will assure the preservation substantially complies with the Decided: February 23, 1996. and continued viability of CC&P’s lines. regulations governing minor By the Board, Chairman Morgan, Vice Applicants do not anticipate that any transactions, we are accepting it for Chairman Simmons, and Commissioner existing ICR employees will be consideration. Owen. adversely affected by the proposed The application and exhibits are Vernon A. Williams, control transaction. All of CCPR’s non- available for inspection in the Public Secretary. management employees and CRRC’s Docket Room at the Offices of the [FR Doc. 96–4795 Filed 2–29–96; 8:45 am] maintenance-of-way employees are Surface Transportation Board in BILLING CODE 4915±00±P represented by national unions and Washington, DC. In addition, they may covered under existing collective be obtained upon request from bargaining agreements. According to applicants’ representatives named applicants, these agreements will above. UNITED STATES INFORMATION AGENCY remain in force, modified as necessary Interested persons, including to achieve the efficiency benefits of the government entities, may participate in proposed transaction, after Culturally Significant Objects Imported this proceeding by submitting written for Exhibition; Determination consummation of control. Some work comments. Any person who files timely currently performed by CC&P comments will be considered a party of Notice is hereby given of the employees will be transferred to IC record if the person so requests. No following determination: Pursuant to locations. petition for leave to intervene need be the authority vested in me by the Act of As a result of the proposed filed. October 19, 1965 (79 Stat. 985, 22 U.S.C. transaction, applicants anticipate that a Consistent with 49 CFR 2459), Executive Order 12047 of March total of 57 positions subject to collective 27, 1978 (43 FR 13359, March 29, 1978), bargaining will be eliminated in the first 1180.4(d)(1)(iii), written comments must contain: and Delegation Order No. 85–5 of June year of common control. No labor 27, 1985 (50 FR 27393, July 2, 1985), I impacts are anticipated in the second (a) The docket number and title of the proceeding; hereby determine that the objects to be and third years after consummation. included in the exhibit, In addition, five CC&P dispatchers (b) The name, address, and telephone ‘‘Agayuliyararput (Our Way of Making currently located in Waterloo will be number of the commenting party and its Prayer): The Living Tradition of Yup’ ik transferred to IC’s dispatching center in representative upon whom service shall Homewood, IL, as a result of the me made; 8108 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices

Masks’’ (See list 1), imported from listed exhibit objects at The Jewish Culturally Significant Objects Imported abroad for the temporary exhibition Museum, New York, NY, on or about for Exhibition; Determination without profit within the United States, March 31, 1996 through August 30, are of cultural significance. These 1996, is in the national interest. Public On February 2, 1996, notice was objects are imported pursuant to a loan Notice of this determination is ordered published at page 3964 of the Federal agreement with the foreign lenders. I to be published in the Federal Register. Register [61 FR 3964] by the United also determine that the temporary Dated: February 27, 1996. States Information Agency pursuant to exhibition or display of the listed Les Jin, the Act of October 19, 1965 (79 Stat. exhibit objects at the Anchorage General Counsel. 985, 22 U.S.C. 2459) relating to objects Museum of History and Art, Anchorage, [FR Doc. 96–4845 Filed 2–29–96; 8:45 am] being imported by the Yeshiva Alaska from on or about May 9, 1996 to BILLING CODE 8230±01±M University Museum for an exhibit on or about October 29, 1996, is in the entitled ‘‘Sacred Realm: The Emergence national interest. Public Notice of this of the Synagogue in the Ancient determination is ordered to be Culturally Significant Objects Imported World.’’ Since that notice was published in the Federal Register. for Exhibition; Determination Dated: February 27, 1996. published, the Yeshiva University Les Jin, Notice is hereby given of the Museum has decided to add an General Counsel. following determination: Pursuant to additional object to the proposed the authority vested in me by the Act of [FR Doc. 96–4844 Filed 2–29–96; 8:45 am] exhibit, namely a certain seven-armed October 19, 1965 (79 Stat. 985, 22 U.S.C. marble chandelier from the 3rd BILLING CODE 8230±01±M 2459), Executive Order 12047 of March century.1 I hereby determine that the 27, 1978 (43 F.R. 13359, March 29, chandelier to be added to the exhibit, Culturally Significant Objects Imported 1978), and Delegation Order No. 85–5 of imported fro abroad for the temporary for Exhibition; Determination June 27, 1985 (50 F.R. 27393, July 2, exhibition without profit within the 1985), I hereby determine that the United States, is of cultural significance. Notice is hereby given of the objects to be included in the exhibit, The object will be imported pursuant to following determination: Pursuant to ‘‘Picasso and Potraiture: Representation the authority vested in me by the Act of and Transformation’’ (See list 1), a loan agreement with the foreign October 19, 1965 (79 Stat. 985, 22 U.S.C. imported from abroad for the temporary lender. I also determine that the 2459), Executive Order 12047 of March exhibition without profit within the temporary exhibition or display of the 27, 1978 (43 F.R. 13359, March 29, United States, are of cultural additional object at Yeshiva University 1978), and Delegation Order No. 85–5 of significance. These objects are imported Museum, New York, New York, from on June 27, 1985 (50 F.R. 27393, July 2, pursuant to a loan agreement with the or about March 1, 1996, to on or about 1985), I hereby determine that the foreign lenders. I also determine that the February 28, 1997, is in the national objects to be included in the exhibit, temporary exhibition or display of the interest. ‘‘Marc Chagall 1907–1917’’ (See list 1), listed exhibit objects at The Museum of Public notice of this determination is imported from abroad for the temporary Modern Art, New York, NY, from on or ordered to be published in the Federal exhibition without profit within the about April 24, 1996, to on or about Register. United States, are of cultural September 17, 1996, is in the national significance. These objects are imported interest. Public Notice of this Dated: February 27, 1996. pursuant to a loan agreement with the determination is ordered to be Les Jin, foreign lenders. I also determine that the published in the Federal Register. General Counsel. temporary exhibition or display of the Dated: February 27, 1996. [FR Doc. 96–4842 Filed 2–27–96; 8:45 am] Les Jin, BILLING CODE 8230±01±M 1 A copy of this list may be obtained by contacting Mr. Paul W. Manning, Assistant General General Counsel. Counsel, at 202 619–5997, and the address is Room [FR Doc. 96–4843 Filed 2–29–96; 8:45 am] 700, U.S. Information Agency, 301 Fourth Street, BILLING CODE 8230±01±M SW., Washington, DC 20547–0001. 1 A copy of the complete list of objects may be 1 A Copy of this list may be obtained by 1 A copy of this list may be obtained by obtained by contacting Mr. Paul W. Manning of the contacting Mr. Paul W. Manning, Assistant General contacting Ms. Jacqueline H. Caldwell, Assistant Office of the General Counsel of USIA. The Counsel, at 202/619–5997, and the address is Room General Counsel, at 202/619–6982, and the address telephone number is 202/619–5997, and the address 700, U.S. Information Agency, 301 Fourth Street, is Room 700, U.S. Information Agency, 301 Fourth is Room 700, United States Information Agency, S.W., Washington, D.C. 20547–0001. Street, S.W., Washington, D.C. 20547–0001. 301 4th Street SW., Washington, DC 20547. federal register March 1,1996 Friday Assist theHomeless;Notice Federal PropertySuitableasFacilities to Community PlanningandDevelopment Office oftheAssistantSecretaryfor Development Housing andUrban Department of Part II 8109 8110 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices

DEPARTMENT OF HOUSING AND Properties listed as suitable/available Department of the Navy, Real Estate URBAN DEVELOPMENT will be available exclusively for Operations, Naval Facilities Engineering homeless use for a period of 60 days Command, Code 241A, 200 Stovall Office of the Assistant Secretary for from the date of this Notice. Homeless Street, Alexandria, VA 22332–2300; Community Planning and assistance providers interested in any (703) 325–0474; (These are not toll-free Development such property should send a written numbers). [Docket No. FR±3778±N±74] expression of interest to HHS, addressed Dated: February 22, 1996. to Brian Rooney, Division of Property Jacquie M. Lawing, Federal Property Suitable as Facilities Management, Program Support Center, HHS, room 5B–41, 5600 Fishers Lane, Deputy Assistant Secretary for Economic To Assist the Homeless Development. Rockville, MD 20857; (301) 443–2265. AGENCY: Office of the Assistant (This is not a toll-free number.) HHS TITLE V, FEDERAL SURPLUS PROPERTY Secretary for Community Planning and will mail to the interested provider an PROGRAM FEDERAL REGISTER REPORT Development, HUD. application packet, which will include FOR 03/01/96 ACTION: Notice. instructions for completing the Suitable/Available Properties application. In order to maximize the SUMMARY: This Notice identifies Buildings (by State) opportunity to utilize a suitable unutilized, underutilized, excess, and property, providers should submit their Arizona surplus Federal property reviewed by written expressions of interest as soon Facility #18 HUD for suitability for possible use to as possible. For complete details Gila Bend AF Auxiliary Field assist the homeless. concerning the processing of Gila Bend Co: Maricopa AZ 86025– FOR FURTHER INFORMATION CONTACT: applications, the reader is encouraged to Landholding Agency: Air Force Mark Johnston, room 7256, Department Property Number: 189510024 refer to the interim rule governing this of Housing and Urban Development, Status: Excess program, 56 FR 23789 (May 24, 1991). 451 Seventh Street SW., Washington, Comment: 5925 sq. ft., 1 story, good For properties listed as suitable/to be condition, off-site removal only, most DC 20410; telephone (202) 708–1226; excess, that property may, if TDD number for the hearing- and recent use—storage. subsequently accepted as excess by Facility #21 speech-impaired (202) 708–2565 (these GSA, be made available for use by the telephone numbers are not toll-free), or Gila Bend AF Auxiliary Field homeless in accordance with applicable Gila Bend Co: Maricopa AZ 86025– call the toll-free Title V information line law, subject to screening for other Landholding Agency: Air Force at 1–800–927–7588. Federal use. At the appropriate time, Property Number: 189510025 SUPPLEMENTARY INFORMATION: In HUD will publish the property in a Status: Excess accordance with 56 FR 23789 (May 24, Notice showing it as either suitable/ Comment: 2500 sq. ft., slump blocks frame, 1991) and section 501 of the Stewart B. available or suitable/unavailable. 1 story, good condition, off-site removal McKinney Homeless Assistance Act (42 only, most recent use—child care. For properties listed as suitable/ # U.S.C. 11411), as amended, HUD is unavailable, the landholding agency has Facility 22 publishing this notice to identify decided that the property cannot be Gila Bend AF Auxiliary Field Federal buildings and other real Gila Bend Co: Maricopa AZ 86025– declared excess or made available for Landholding Agency: Air Force property that HUD has reviewed for use to assist the homeless, and the Property Number: 189510026 suitability for use to assist the homeless. property will not be available. Status: Excess The properties were reviewed using Properties listed as unsuitable will Comment: 13752 sq. ft., slump blocks frame, information provided to HUD by not be made available for any other 1 story, good condition, off-site removal Federal landholding agencies regarding purpose for 20 days from the date of this only, most recent use—gymnasium. unutilized and underutilized buildings Notice. Homeless assistance providers Facility #23 and real property controlled by such interested in a review by HUD of the Gila Bend AF Auxiliary Field agencies or by GSA regarding its determination of unsuitability should Gila Bend Co: Maricopa AZ 86025– inventory of excess or surplus Federal call the toll free information line at 1– Landholding Agency: Air Force property. This Notice is also published 800–927–7588 for detailed instructions Property Number: 189510027 Status: Excess in order to comply with the December or write a letter to Mark Johnston at the Comment: 485 sq. ft., slump blocks frame, 1 12, 1988 Court Order in National address listed at the beginning of this story, good condition, off-site removal Coalition for the Homeless v. Veterans’ Notice. Included in the request for only, most recent use—storage. Administration, No. 88–2503–OG review should be the property address Facility #27 (D.D.C.). (including zip code), the date of Gila Bend AF Auxiliary Field Properties reviewed are listed in this publication in the Federal Register, the Gila Bend Co: Maricopa AZ 86025– Notice according to the following landholding agency, and the property Landholding Agency: Air Force categories: Suitable/available, suitable/ number. Property Number: 189510028 unavailable, suitable to be excess, and For more information regarding Status: Excess unsuitable. The properties listed in the particular properties identified in this Comment: 3252 sq. ft., wood frame, 1 story, three suitable categories have been Notice (i.e., acreage, floor plan, existing good condition, off-site removal only, most reviewed by the landholding agencies, sanitary facilities, exact street address), recent use—base chapel. # and each agency has transmitted to providers should contact the Facility 29 HUD: (1) Its intention to make the appropriate landholding agencies at the Gila Bend AF Auxiliary Field Gila Bend Co: Maricopa AZ 86025– property available for use to assist the following addresses: U.S. Air Force: Ms. Landholding Agency: Air Force homeless, (2) its intention to declare the Barbara Jenkins, Air Force Real Estate Property Number: 189510029 property excess to the agency’s needs, or Agency (Area–MI), Bolling Air Force Status: Excess (3) a statement of the reasons that the Base, 112 Luke Avenue, Suite 104, Comment: 85 sq. ft., wood frame, 1 story, property cannot be declared excess or Building 5683, Washington, DC 20332– good condition, off-site removal only, most made available for use as facilities to 8020; (202) 767–4184; Navy: Mr. John J. recent use—storage. assist the homeless. Kane, Deputy Division Director, Facility #31 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices 8111

Gila Bend AF Auxiliary Field Landholding Agency: Air Force 4—Fourplex Family Housing Gila Bend Co: Maricopa AZ 86025– Property Number: 189510038 Gila Bend AF Auxiliary Field Landholding Agency: Air Force Status: Excess Gila Bend Co: Maricopa AZ 86025– Property Number: 189510030 Comment: 373 sq. ft. slump blocks frame, 1 Location: Inc. bldgs. 2337, 2339, 2347, 2355 Status: Excess story, good condition, off-site removal on Conrad Circle Comment: 2720 sq. ft., steel frame, 1 story, only, most recent use—storage. Landholding Agency: Air Force good condition, off-site removal only, most 18 Detached Garages Property Number: 189510046 recent use—sales store. Gila Bend AF Auxiliary Field Status: Excess Facility #32 Gila Bend Co: Maricopa AZ 86025– Comment: 4728 sq. ft., slump blocks frame, Gila Bend AF Auxiliary Field Location: Inc. bldgs. 630, 640, 670, 680, 710, 1 story, good condition, off-site removal Gila Bend Co: Maricopa AZ 86025– 720, 740, 760, 790, 800, 820, 840, 870, 880, only, most recent use—residences. Landholding Agency: Air Force 910, 920, 950, 960 on Milan Loop California Landholding Agency: Air Force Property Number: 189510031 Bldg. 604 Property Number: 189510039 Status: Excess Point Arena Air Force Station Co: Mendocino Status: Excess Comment: 1200 sq. ft., wood frame, 1 story, CA 95468–5000 Comment: 186 sq. ft. ea., wood frame, 1 story, good condition, off-site removal only, most Landholding Agency: Air Force good condition, off-site removal only, most recent use—hobby shop. Property Number: 189010237 recent use—storage. Facility #34 Status: Unutilized Gila Bend AF Auxiliary Field Facility #1004 Comment: 1232 sq ft.; stucco-wood frame; Gila Bend Co: Maricopa AZ 86025– Gila Bend AF Auxiliary Field most recent use—housing. Gila Bend Co: Maricopa AZ 86025– Landholding Agency: Air Force Bldg. 605 Landholding Agency: Air Force Property Number: 189510032 Point Arena Air Force Station Co: Mendocino Property Number: 189510040 Status: Excess CA 95468–5000 Status: Excess Comment: 1937 sq. ft., slump blocks frame, Landholding Agency: Air Force Comment: 1734 sq. ft., slump blocks frame, 1 story, good condition, off-site removal Property Number: 189010238 1 story, good condition, off-site removal only, most recent use—bath house. Status: Unutilized only, most recent use—residence. Facility #35 Comment: 1232 sq ft.; stucco-wood frame; # Gila Bend AF Auxiliary Field Facility 1010 most recent use—housing. Gila Bend AF Auxiliary Field Gila Bend Co: Maricopa AZ 86025– Bldg. 612 Gila Bend Co: Maricopa AZ 86025– Landholding Agency: Air Force Point Arena Air Force Station Co: Mendocino Landholding Agency: Air Force Property Number: 189510033 CA 95468–5000 Property Number: 189510041 Status: Excess Landholding Agency: Air Force Status: Excess Comment: 7685 sq. ft., concrete block frame, Property Number: 189010239 Comment: 4155 sq. ft., quonset hut frame, 1 story, good condition, off-site removal Status: Unutilized good condition, off-site removal only, most only, most recent use—open mess. Comment: 1232 sq ft.; stucco-wood frame; recent use—theater. Facility #37 most recent use—housing. Facility # 4140 Gila Bend AF Auxiliary Field Bldg. 611 Gila Bend AF Auxiliary Field Gila Bend Co: Maricopa AZ 86025– Point Arena Air Force Station Co: Mendocino Gila Bend Co: Maricopa AZ 86025– Landholding Agency: Air Force CA 95468–5000 Landholding Agency: Air Force Property Number: 189510034 Landholding Agency: Air Force Property Number: 189510042 Status: Excess Property Number: 189010240 Status: Excess Comment: 21295 sq. ft., wood frame, 2 story, Status: Unutilized Comment: 3584 sq. ft., metal frame, 1 story, good condition, off-site removal only, most Comment: 1232 sq ft.; stucco-wood frame; good condition, off-site removal only, most recent use—dormitory/multi-purpose. most recent use—housing. recent use—bowling center. Facility #38 Bldg. 613 Facility # 4520 Gila Bend AF Auxiliary Field Point Arena Air Force Station Co: Mendocino Gila Bend AF Auxiliary Field Gila Bend Co: Maricopa AZ 86025– CA 95468–5000 Gila Bend Co: Maricopa AZ 86025– Landholding Agency: Air Force Landholding Agency: Air Force Landholding Agency: Air Force Property Number: 189510035 Property Number: 189010241 Property Number: 189510043 Status: Excess Status: Excess Status: Unutilized Comment: 4115 sq. ft., metal frame, good Comment: 7800 sq. ft., prefab steel frame, 2 Comment: 1232 sq. ft.; stucco-wood frame; condition, 1 story, off-site removal only, story, good condition, off-site removal most recent use—housing. most recent use—commissary. only, most recent use—dormitory. Bldg. 614 38 Family Housing Facility # 4252 Point Arena Air Force Station Co: Mendocino Gila Bend AF Auxiliary Field Gila Bend AF Auxiliary Field CA 95468–5000 Gila Bend Co: Maricopa AZ 86025– Gila Bend Co: Maricopa AZ 86025– Landholding Agency: Air Force Landholding Agency: Air Force Landholding Agency: Air Force Property Number: 189010242 Property Number: 189510036 Property Number: 189510044 Status: Unutilized Status: Excess Status: Excess Comment: 1232 sq. ft.; stucco-wood frame; Comment: 1170 sq. ft. ea., 1 story relocatable Comment: 144 sq. ft., metal frame, 1 story, most recent use—housing. framed residences, good condition, secured good condition, off-site removal only, most Bldg. 615 area w/alternate access. recent use—storage. Point Arena Air Force Station Co: Mendocino 26 Family Housing 10 Duplex Family Housing CA 95468–5000 Gila Bend AF Auxiliary Field Gila Bend AF Auxiliary Field Landholding Agency: Air Force Gila Bend Co: Maricopa AZ 86025– Gila Bend Co: Maricopa AZ 86025– Property Number: 189010243 Landholding Agency: Air Force Location: Inc. bldgs. 2334, 2335, 2340, 2343, Status: Unutilized Property Number: 189510037 2344, 2348, 2351, 2352, 2356, 2360 on Comment: 1232 sq. ft.; stucco-wood frame; Status: Excess Conrad Circle most recent use—housing. Comment: 1456 sq. ft. ea., 1 story slump Landholding Agency: Air Force Bldg. 616 block frame residences, off-site removal Property Number: 189510045 Point Arena Air Force Station Co: Mendocino only, good condition. Status: Excess CA 95468–5000 Facility #510 Comment: 3176 sq. ft., slump blocks frame, Landholding Agency: Air Force Gila Bend AF Auxiliary Field 1 story, good condition, off-site removal, Property Number: 189010244 Gila Bend Co: Maricopa AZ 86025– most recent use—residences. Status: Unutilized 8112 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices

Comment: 1232 sq. ft.; stucco-wood frame; Location: Access is through Route 1, Marine Comment: 3200 sq. ft., 1 story wood frame, most recent use—housing. Drive. needs repair, presence of lead base paint Bldg. 617 Landholding Agency: Air Force and asbestos, most recent use—base Point Arena Air Force Station Co: Mendocino Property Number: 189010545 chapel. CA 95468–5000 Status: Unutilized Bldg. 2201 Landholding Agency: Air Force Comment: various sq. ft.; 1 story frame/ Mountain Home Air Force Base Property Number: 189010245 modified quonset; on 376 acres; portions of Mountain Home Co: Elmore ID 83648– Status: Unutilized building and land leased to Government of Landholding Agency: Air Force Comment: 1232 sq. ft.; stucco-wood frame; Guam Property Number: 189520005 most recent use—housing. Harmon VORsite (Portion) (AJKZ) Status: Underutilized Bldg. 618 Municipality of Dededo Comment: 6804 sq. ft., 1 story wood frame, Point Arena Air Force Station Co: Mendocino Dededo Co: Guam GU 96912– most recent use—temporary garage for base CA 95468–5000 Location: Approx. 12 miles southwest of fire dept. vehicles, presence of lead paint Landholding Agency: Air Force Anderson AFB proper. and asbestos shingles. Property Number: 189010246 Landholding Agency: Air Force Iowa Property Number: 189120234 Status: Unutilized Bldg. 00627 Status: Unutilized Comment: 1232 sq. ft.; stucco-wood frame; Sioux Gateway Airport Comment: 550 sq. ft. bldg., needs rehab on most recent use—housing; needs rehab. Sioux City Co: Woodbury IA 51110– 82 acres. Florida Landholding Agency: Air Force Hawaii Property Number: 189310001 Bldg. 244 Bldg. S87, Radio Trans. Fac. Status: Unutilized MacDill Auxiliary Airfield No. 1 Lualualei, Naval Station, Eastern Pacific Comment: 1932 sq. ft., 1-story concrete block Avon Park Co: Polk FL 33825– Wahiawa Co: Honolulu HI 96786–3050 bldg., most recent use—storage, pigeon Landholding Agency: Air Force Landholding Agency: Navy infested, contamination investigation in Property Number: 189520001 Property Number: 779240011 progress. Status: Excess Status: Unutilized Bldg. 00669 Comment: 6239 sq. ft.; masonry frame, needs Comment: 7566 sq. ft., 1-story, needs rehab, Sioux Gateway Airport rehab, secured area w/alternate access, most recent use—storage, off-site use only. Sioux City Co: Woodbury IA 51110– most recent use—commissary. Bldg. 466, Radio Trans. Fac. Landholding Agency: Air Force Bldg. 242 Lualualei, Naval Station, Eastern Pacific Property Number: 189310002 MacDill Auxiliary Airfield No. 1 Wahiawa Co: Honolulu HI 96786–3050 Status: Unutilized Avon Park Co: Polk FL 33825– Landholding Agency: Navy Comment: 1113 sq. ft., 1 story concrete block Landholding Agency: Air Force Property Number: 779240012 bldg., contamination clean-up in process. Property Number: 189520002 Status: Unutilized Louisiana Status: Excess Comment: 100 sq. ft., 1-story, needs rehab, Barksdale Radio Beacon Annex Comment: 8554 sq. ft.; steel frame module, most recent use—gas station, off-site use secured area w/alternate access, most Curtis Co: Bossier LA 71111– only. Location: 7 miles south of Bossier City on recent use—exchange branch. Bldg. T33, Radio Trans. Facility highway 71 south; left 11⁄4 miles on Bldg. 427 Naval Computer & Telecommunications Area highway C1552. MacDill Auxiliary Airfield No. 1 Wahiawa Co: Honolulu HI 96786–3050 Landholding Agency: Air Force Avon Park Co: Polk FL 33825– Landholding Agency: Navy Property Number: 189010269 Landholding Agency: Air Force Property Number: 779310003 Status: Unutilized Property Number: 189520003 Status: Unutilized Comment: 360 sq. ft., 1 story wood/concrete; Status: Excess Comment: 1536 sq. ft., 1 story, access on 11.25 acres. Comment: 5258 sq. ft.; metal & masonry restrictions, needs rehab, most recent use— Maine frame, secured area w/alternate access, storage, off-site use only. most recent use—bowling center. Naval Air Station Bldg. 64, Radio Trans. Facility Transmitter Site Guam Naval Computer & Telecommunications Area Old Bath Road Anderson VOR Wahiawa Co: Honolulu HI 96786–3050 Brunswick Co: Cumberland ME 04053– In the municipality of Dededo Landholding Agency: Navy Landholding Agency: Navy Dededo Co: Guam GU 96912– Property Number: 779310004 Property Number: 779010110 Location: Access is through Route 1 and Status: Unutilized Status: Underutilized Route 3, Marine Drive. Comment: 3612 sq. ft., 1 story, access Comment: 7,270 sq. ft., 1 story bldg, most Landholding Agency: Air Force restrictions, needs rehab, most recent use— recent use—storage, structural deficiencies. storage, off-site use only. Property Number: 189010267 Bldg. 373, Topsham Annex Status: Unutilized Idaho Naval Air Station Comment: 550 sq. ft.; 1 story perm/concrete; Bldg. 121 Topsham Co: Sagadahoc ME on 226 acres. Mountain Home Air Force Base Landholding Agency: Navy Anderson Radio Beacon Annex Main Avenue (See County) Co: Elmore ID Property Number: 779320024 In the municipality Dededo 83648– Status: Excess Dededo Co: Guam GU 96912– Landholding Agency: Air Force Comment: 1300 sq. ft., 1 story, most recent Location: Approximately 7.2 miles southwest Property Number: 189030007 use—public works maintenance shop, on of Anderson AFB proper; access is from Status: Excess 2.55 acres. Route 3, Marine Drive. Comment: 3375 sq. ft., 1 story wood frame; Michigan Landholding Agency: Air Force potential utilities; needs rehab; presence of Bldg. 30 Property Number: 189010268 asbestos; building is set on piers; most Calumet Air Force Station Status: Unutilized recent use—medical administration, Calumet Co: Keweenaw MI 49913– Comment: 480 sq. ft.; 1 story perm/concrete; veterinary services. Landholding Agency: Air Force on 25 acres; most recent use—radio beacon Bldg. 611 Property Number: 189010779 facility. Mountain Home Air Force Base Status: Excess Annex No. 4 Mountain Home AFB Co: Elmore ID 83648– Comment: 2593 sq. ft.; 1 floor; concrete Anderson Family Housing Landholding Agency: Air Force block; possible asbestos; potential utilities; Municipality of Dededo Property Number: 189440016 most recent use—communications Dededo Co: Guam GU 96912– Status: Underutilized transmitter building. Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices 8113

Bldg. 46 Bldg. 59 Calumet Co: Keweenaw MI 49913– Calumet Air Force Station Calumet Air Force Station Landholding Agency: Air Force Calumet Co: Keweenaw MI 49913– Calumet Co: Keweenaw MI 49913— Property Number: 189010808 Landholding Agency: Air Force Landholding Agency: Air Force Status: Excess Property Number: 189010786 Property Number: 189010799 Comment: 1478 sq. ft.; 1 story wood frame Status: Excess Status: Excess residence with garage; possible asbestos. Comment: 5898 sq. ft.; 2 story; concrete Comment: 1134 sq. ft.; 1 story wood frame Bldg. 70 block; potential utilities; possible asbestos; residence with garage; possible asbestos. Calumet Air Force Station most recent use—visiting personnel Bldg. 60 Calumet Co: Keweenaw MI 49913– housing. Calumet Air Force Station Landholding Agency: Air Force Bldg. 51 Calumet Co: Keweenaw MI 49913— Property Number: 189010809 Calumet Air Force Station Landholding Agency: Air Force Status: Excess Calumet Co: Keweenaw MI 49913– Property Number: 189010800 Comment: 1394 sq. ft.; 1 story concrete block; Landholding Agency: Air Force Status: Excess possible asbestos; most recent use—youth Property Number: 189010791 Comment: 1134 sq. ft.; 1 story wood frame center Status: Excess residence with garage; possible asbestos. Bldg. 72 Comment: 1134 sq. ft.; 1 story wood frame Bldg. 61 Calumet Air Force Station residence with garage; possible asbestos. Calumet Air Force Station Calumet Co: Keweenaw MI 49913– Bldg. 52 Calumet Co: Keweenaw MI 49913— Landholding Agency: Air Force Calumet Air Force Station Landholding Agency: Air Force Property Number: 189010811 Calumet Co: Keweenaw MI 49913– Property Number: 189010801 Status: Excess Landholding Agency: Air Force Status: Excess Comment: 1168 sq. ft.; 1 story wood frame Property Number: 189010792 Comment: 1134 sq. ft.; 1 story wood frame residence; potential utilities; possible Status: Excess residence with garage; possible asbestos. asbestos. Comment: 1134 sq. ft.; 1 story wood frame Bldg. 62 Bldg. 73 residence with garage; possible asbestos. Calumet Air Force Station Calumet Air Force Station Bldg. 53 Calumet Co: Keweenaw MI 49913— Calumet Co: Keweenaw MI 49913– Calumet Air Force Station Landholding Agency: Air Force Landholding Agency: Air Force Calumet Co: Keweenaw MI 49913– Property Number: 189010802 Property Number: 189010812 Landholding Agency: Air Force Status: Excess Status: Excess Property Number: 189010793 Comment: 1134 sq. ft.; 1 story wood frame Comment: 1168 sq. ft.; 1 story wood frame Status: Excess residence with garage; possible asbestos. residence; potential utilities; possible Comment: 1134 sq. ft.; 1 story wood frame Bldg. 63 asbestos. residence with garage; possible asbestos. Calumet Air Force Station Bldg. 74 Bldg. 54 Calumet Co: Keweenaw MI 49913— Calumet Air Force Station Calumet Air Force Station Landholding Agency: Air Force Calumet Co: Keweenaw MI 49913– Calumet Co: Keweenaw MI 49913– Property Number: 189010803 Landholding Agency: Air Force Landholding Agency: Air Force Status: Excess Property Number: 189010813 Property Number: 189010794 Comment: 1306 sq. ft.; 1 story wood frame Status: Excess Status: Excess residence with garage; possible asbestos. Comment: 1168 sq. ft.; 1 story wood frame Comment: 1134 sq. ft.; 1 story wood frame Bldg. 64 residence; potential utilities; possible residence with garage; possible asbestos Calumet Air Force Station asbestos. Bldg. 55 Calumet Co: Keweenaw MI 49913— Bldg. 75 Calumet Air Force Station Landholding Agency: Air Force Calumet Air Force Station Calumet Co: Keweenaw MI 49913– Property Number: 189010804 Calumet Co: Keweenaw MI 49913– Landholding Agency: Air Force Status: Excess Landholding Agency: Air Force Property Number: 189010795 Comment: 1306 sq. ft.; 1 story wood frame Property Number: 189010814 Status: Excess residence with garage; possible asbestos. Status: Excess Comment: 1134 sq. ft.; 1 story wood frame Bldg. 65 Comment: 1168 sq. ft.; 1 story wood frame residence with garage; possible asbestos. Calumet Air Force Station residence; potential utilities; possible Bldg. 56 Calumet Co: Keweenaw MI 49913— asbestos. Calumet Air Force Station Landholding Agency: Air Force Bldg. 76 Calumet Co: Keweenaw MI 49913– Property Number: 189010805 Calumet Air Force Station Landholding Agency: Air Force Status: Excess Calumet Co: Keweenaw MI 49913– Property Number: 189010796 Comment: 1306 sq. ft.; 1 story wood frame Landholding Agency: Air Force Status: Excess residence with garage; possible asbestos. Property Number: 189010815 Comment: 1134 sq. ft.; 1 story wood frame Bldg. 66 Status: Excess residence with garage; possible asbestos Calumet Air Force Station Comment: 1168 sq. ft.; 1 story wood frame Bldg. 57 Calumet Co: Keweenaw MI 49913— residence; potential utilities; possible Calumet Air Force Station Landholding Agency: Air Force asbestos. Calumet Co: Keweenaw MI 49913– Property Number: 189010806 Bldg. 77 Landholding Agency: Air Force Status: Excess Calumet Air Force Station Property Number: 189010797 Comment: 1306 sq. ft.; 1 story wood frame Calumet Co: Keweenaw MI 49913– Status: Excess residence with garage; possible asbestos. Landholding Agency: Air Force Comment: 1134 sq. ft.; 1 story wood frame Bldg. 67 Property Number: 189010816 residence with garage; possible asbestos. Calumet Air Force Station Status: Excess Bldg. 58 Calumet Co: Keweenaw MI 49913— Comment: 1168 sq. ft.; 1 story wood frame Calumet Air Force Station Landholding Agency: Air Force residence; potential utilities; possible Calumet Co: Keweenaw MI 49913— Property Number: 189010807 asbestos. Landholding Agency: Air Force Status: Excess Bldg. 78 Property Number: 189010798 Comment: 1306 sq. ft.; 1 story wood frame Calumet Air Force Station Status: Excess residence with garage; possible asbestos. Calumet Co: Keweenaw MI 49913– Comment: 1134 sq. ft.; 1 story wood frame Bldg. 68 Landholding Agency: Air Force residence with garage; possible asbestos. Calumet Air Force Station Property Number: 189010817 8114 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices

Status: Excess Comment: 1168 sq. ft.; 1 story wood frame Property Number: 189010849 Comment: 1168 sq. ft.; 1 story wood frame residence; potential utilities; possible Status: Excess residence; potential utilities; possible asbestos. Comment: 780 sq. ft., 1 story wood frame asbestos. Bldg. 87 housing garage. Bldg. 79 Calumet Air Force Station Bldg. 219 Calumet Air Force Station Calumet Co: Keweenaw MI 49913– Calumet Air Force Station Calumet Co: Keweenaw MI 49913– Landholding Agency: Air Force Calumet Co: Keweenaw MI 49913– Landholding Agency: Air Force Property Number: 189010826 Landholding Agency: Air Force Property Number: 189010818 Status: Excess Property Number: 189010850 Status: Excess Comment: 1168 sq. ft.; 1 story wood frame Status: Excess Comment: 1168 sq. ft.; 1 story wood frame residence; potential utilities; possible Comment: 780 sq. ft., 1 story wood frame residence; potential utilities; possible asbestos. housing garage. asbestos. Bldg. 88 Bldg. 220 Bldg. 80 Calumet Air Force Station Calumet Air Force Station Calumet Co: Keweenaw MI 49913– Calumet Co: Keweenaw MI 49913– Calumet Air Force Station Landholding Agency: Air Force Landholding Agency: Air Force Calumet Co: Keweenaw MI 49913– Property Number: 189010827 Property Number: 189010851 Landholding Agency: Air Force Status: Excess Status: Excess Property Number: 189010819 Comment: 1168 sq. ft.; 1 story wood frame Comment: 780 sq. ft., 1 story wood frame Status: Excess residence; potential utilities; possible housing garage. Comment: 1168 sq. ft.; 1 story wood frame asbestos. residence; potential utilities; possible Bldg. 221 asbestos. Bldg. 89 Calumet Air Force Station Calumet Air Force Station Calumet Co: Keweenaw MI 49913– Bldg. 81 Calumet Co: Keweenaw MI 49913– Landholding Agency: Air Force Calumet Air Force Station Landholding Agency: Air Force Property Number: 189010852 Calumet Co: Keweenaw MI 49913– Property Number: 189010828 Status: Excess Landholding Agency: Air Force Status: Excess Comment: 780 sq. ft., 1 story wood frame Property Number: 189010820 Comment: 1168 sq. ft.; 1 story wood frame housing garage. Status: Excess residence; potential utilities; possible Bldg. 222 Comment: 1168 sq. ft.; 1 story wood frame asbestos. Calumet Air Force Station residence; potential utilities; possible Bldg. 97 Calumet Co: Keweenaw MI 49913– asbestos. Calumet Air Force Station Landholding Agency: Air Force Bldg. 82 Calumet Co: Keweenaw MI 49913– Property Number: 189010853 Calumet Air Force Station Landholding Agency: Air Force Status: Excess Calumet Co: Keweenaw MI 49913– Property Number: 189010829 Comment: 780 sq. ft., 1 story wood frame Landholding Agency: Air Force Status: Excess housing garage. Property Number: 189010821 Comment: 171 sq. ft.; 1 floor; potential Bldg. 223 Status: Excess utilities; most recent use—pump house. Calumet Air Force Station Comment: 1168 sq. ft.; 1 story wood frame Bldg. 98 Calumet Co: Keweenaw MI 49913– residence; potential utilities; possible Calumet Air Force Station Landholding Agency: Air Force asbestos. Calumet Co: Keweenaw MI 49913– Property Number: 189010854 Bldg. 83 Landholding Agency: Air Force Status: Excess Calumet Air Force Station Property Number: 189010830 Comment: 780 sq. ft.; 1 story wood frame Calumet Co: Keweenaw MI 49913– Status: Excess housing garage. Landholding Agency: Air Force Comment: 114 sq. ft., 1 floor; potential Bldg. 224 Property Number: 189010822 utilities; most recent use—pump house. Calumet Air Force Station Status: Excess Bldg. 10 Calumet Co: Keweenaw MI 49913– Comment: 1168 sq. ft.; 1 story wood frame Calumet Air Force Station Landholding Agency: Air Force residence; potential utilities; possible Calumet Co: Keweenaw MI 49913– Property Number: 189010855 asbestos. Landholding Agency: Air Force Status: Excess Bldg. 84 Property Number: 189010836 Comment: 780 sq. ft.; 1 story wood frame Calumet Air Force Station Status: Excess housing garage. Calumet Co: Keweenaw MI 49913– Comment: 1056 sq. ft., 1 story wood frame Bldg. 215 Landholding Agency: Air Force residence. Calumet Air Force Station Property Number: 189010823 Bldg. 216 Calumet Co: Keweenaw MI 49913– Status: Excess Calumet Air Force Station Landholding Agency: Air Force Comment: 1168 sq. ft.; 1 story wood frame Calumet Co: Keweenaw MI 49913– Property Number: 189010856 residence; possible utilities; possible Landholding Agency: Air Force Status: Excess asbestos. Property Number: 189010847 Comment: 390 sq. ft.; 1 story wood frame Bldg. 85 Status: Excess housing garage. Calumet Air Force Station Comment: 780 sq. ft., 1 story wood frame Bldg. 212 Calumet Co: Keweenaw MI 49913– housing garage. Calumet Air Force Station Landholding Agency: Air Force Bldg. 217 Calumet Co: Keweenaw MI 49913– Property Number: 189010824 Calumet Air Force Station Landholding Agency: Air Force Status: Excess Calumet Co: Keweenaw MI 49913– Property Number: 189010859 Comment: 1168 sq. ft.; 1 story wood frame Landholding Agency: Air Force Status: Excess residence; potential utilities; possible Property Number: 189010848 Comment: 780 sq. ft.; 1 story wood frame asbestos. Status: Excess housing garage. Bldg. 86 Comment: 780 sq. ft., 1 story wood frame Bldg. 214 Calumet Air Force Station housing garage. Calumet Air Force Station Calumet Co: Keweenaw MI 49913– Bldg. 218 Calumet Co: Keweenaw MI 49913– Landholding Agency: Air Force Calumet Air Force Station Landholding Agency: Air Force Property Number: 189010825 Calumet Co: Keweenaw MI 49913– Property Number: 189010861 Status: Excess Landholding Agency: Air Force Status: Excess Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices 8115

Comment: 780 sq. ft.; 1 story wood frame Property Number: 779530005 Houghton Township housing garage. Status: Excess Calumet Co: Keweenaw MI 49913– Bldg. 23 Comment: 3 bldgs. on 2.53 acres of land, Landholding Agency: Air Force Calumet Air Force Station limited utilities, limited use prior to Property Number: 189010862 Calumet Co: Keweenaw MI 49913– environmental cleanup. Status: Excess Landholding Agency: Air Force Pennsylvania Comment: 34 acres; potential utilities. Property Number: 189010865 Calumet Air Force Station Naval Reserve Center Status: Excess Section 31, T58N, R30W Dalton Ave. & Mayfair St. Comment: 44 sq. ft.; 1 story; metal frame; Houghton Township McKeesport Co: Allegheny PA 15132– prior use—storage of fire hoses. Calumet Co: Keweenaw MI 49913– Landholding Agency: Navy Bldg. 24 Landholding Agency: Air Force Property Number: 779520034 Property Number: 189010863 Calumet Air Force Station Status: Excess Calumet Co: Keweenaw MI 49913– Status: Excess Comment: 3 interconnected quonset huts, Comment: 3.78 acres; potential utilities. Landholding Agency: Air Force need rehab, possible lead paint, lease Property Number: 189010866 restrictions, off-site removal only. Texas Status: Excess # South Dakota Peary Point 2 Comment: 44 sq. ft.; 1 story; metal frame; Naval Air Station prior use—storage of fire hoses. West Communications Annex Corpus Christi Co: Nueces TX 78419–5000 Bldg. 36 Ellsworth Air Force Base Landholding Agency: Navy Calumet Air Force Station Ellsworth AFB Co: Meade SD 57706– Property Number: 779030001 Calumet Co: Keweenaw MI 49913– Landholding Agency: Air Force Status: Excess Landholding Agency: Air Force Property Number: 189340051 Comment: 43.48 acres; 60% of land under Property Number: 189010872 Status: Unutilized lease until 8/93. Status: Excess Comment: 2 bldgs. on 2.37 acres, remote area, GSA Number: 7–N–TX–402–V. Comment: 25 sq. ft.; 1 floor metal frame; prior lacks infrastructure, road hazardous during use—storage of fire hoses. winter storms, most recent use—industrial Suitable/Unavailable Properties Bldg. 37 storage. Buildings (by State) Calumet Air Force Station Land (by State) California Calumet Co: Keweenaw MI 49913– California Landholding Agency: Air Force Hawes Site (KHGM) Property Number: 189010873 60 ARG/DE March AFB Status: Excess Travis ILS Outer Marker Annex Hinckley Co: San Bernardino CA 92402– Landholding Agency: Air Force Comment: 25 sq. ft.; 1 floor metal frame; prior Rio-Dixon Road Property Number: 189010084 use—storage of fire hoses. Travis AFB Co: Solano CA 94535–5496 Status: Unutilized Bldg. 201 Location: State Highway 113 Landholding Agency: Air Force Comment: 9290 sq. ft., 2 story concrete, most Calumet Air Force Station recent use-radio relay station, possible Calumet Co: Keweenaw MI 49913– Property Number: 189010189 Status: Excess asbestos, land belongs to Bureau of Land Landholding Agency: Air Force Management, potential utilities. Property Number: 189010879 Comment: .13 acres; most recent use— Status: Excess location for instrument landing systems Idaho Comment: 25 sq. ft.; 1 floor metal frame; prior equipment. Bldg. 516 use—storage of fire hoses. Georgia Mountain Home Air Force Base Mountain Home Co: Elmore ID 86348– Montana Naval Submarine Base Grid R–2 to R–3 to V–4 to V–1 Landholding Agency: Air Force Bldg. — Conrad Training Site Property Number: 189520004 15 miles east of the City of Conrad Co: Kings Bay Co: Camden GA 31547– Landholding Agency: Navy Status: Excess Pondera MT 59425– Comment: 4928 sq. ft., 1 story wood frame, Landholding Agency: Air Force Property Number: 779010229 Status: Underutilized presence of lead paint and asbestos, most Property Number: 189420025 recent use—offices. Status: Unutilized Comment: 111.57 acres; areas may be Maine Comment: 7000 sq. ft., 1-story brick, most environmentally protected; secured area recent use—technical training site. with alternate access. Bldg. 376, Naval Air Station Bldg. 1807, Malstrom AFB Guam Topsham Annex Topsham Co: Sagadahoc ME Malstrom Communications Annex Annex 1 Landholding Agency: Navy Malstrom AFB Co: Cascade MT 59405– Andersen Communication Property Number: 779320011 Landholding Agency: Air Force Dededo Co: Guam GU 96912– Status: Unutilized Property Number: 189510023 Location: In the municipality of Dededo. Comment: 4530 sq. ft., 2-story, most recent Status: Excess Landholding Agency: Air Force use—quarters, needs rehab. Comment: 1966 sq. ft., 1-story masonry block Property Number: 189010427 bldg. on 22 acres, limited utilities, roof Status: Underutilized Maryland needs replacement. Comment: 862 acres; subject to utilities Bldg. 230 Facility #1 easements. Naval Communication Detachment Havre Training Site Co: Hill MT 59501– Annex 2, (Partial) 9190 Commo Road Landholding Agency: Air Force Andersen Petroleum Storage Cheltenham Co: Prince George MD 20397– Property Number: 189530047 Dededo Co: Guam GU 96912– 5520 Status: Excess Location: In the municipality of Dededo. Landholding Agency: Navy Comment: 6843 sq. ft., 1-story brick frame, Landholding Agency: Air Force Property Number: 779330010 good condition, most recent use—technical Property Number: 189010428 Status: Unutilized training site. Status: Underutilized Comment: 12,384 sq. ft., 4-story, needs rehab, New Hampshire Comment: 35 acres, subject to utilities potential utilities, includes 37 acres of easements. land. Naval & Marine Corp. Rsv. Ctr. 199 North Main St. Michigan Michigan Manchester NH 03102– Calumet Air Force Station Bldg. 20 Landholding Agency: Navy Section 1, T57N, R31W Calumet Air Force Station 8116 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices

Calumet Co: Keweenaw MI 49913– Landholding Agency: Air Force Status: Excess Landholding Agency: Air Force Property Number: 189010784 Comment: 1056 sq. ft.; 1 story wood frame Property Number: 189010775 Status: Excess residence. Status: Excess Comment: 7216 sq. ft.; 2 story; concrete Bldg. 11 Comment: 13404 sq. ft.; 1 floor; concrete block; possible asbestos; potential utilities; Calumet Air Force Station block; potential utilities; possible asbestos; most recent use—dormitory. Calumet Co: Keweenaw MI 49913– most recent use—warehouse/supply Bldg. 45 Landholding Agency: Air Force facility. Calumet Air Force Station Property Number: 189010837 Bldg. 21 Calumet Co: Keweenaw MI 49913– Status: Excess Calumet Air Force Station Landholding Agency: Air Force Comment: 1056 sq. ft.; 1 floor wood frame Calumet Co: Keweenaw MI 49913– Property Number: 189010785 residence. Landholding Agency: Air Force Status: Excess Bldg. 12 Property Number: 189010776 Comment: 6070 sq. ft.; 2 story; concrete Calumet Air Force Station Status: Excess block; potential utilities; possible asbestos; Calumet Co: Keweenaw MI 49913– Comment: 2146 sq. ft.; 1 floor; concrete most recent use—administrative facility. Landholding Agency: Air Force block; potential utilities; possible asbestos; Bldg. 47 Property Number: 189010838 most recent use—storage. Calumet Air Force Station Status: Excess Bldg. 22 Calumet Co: Keweenaw MI 49913– Comment: 1056 sq. ft.; 1 story wood frame Calumet Air Force Station Landholding Agency: Air Force residence. Calumet Co: Keweenaw MI 49913– Property Number: 189010787 Bldg. 13 Landholding Agency: Air Force Status: Excess Calumet Air Force Station Property Number: 189010777 Comment: 83 sq. ft.; 1 story; concrete block; Calumet Co: Keweenaw MI 49913– Status: Excess potential utilities; most recent use— Landholding Agency: Air Force Comment: 1546 sq. ft.; 1 floor; concrete storage. Property Number: 189010839 block; potential utilities; possible asbestos; Bldg. 48 Status: Excess most recent use—administrative facility. Calumet Air Force Station Comment: 1056 sq. ft., 1 story wood frame Bldg. 28 Calumet Co: Keweenaw MI 49913– residence. Calumet Air Force Station Landholding Agency: Air Force Bldg. 5 Calumet Co: Keweenaw MI 49913– Property Number: 189010788 Calumet Air Force Station Landholding Agency: Air Force Status: Excess Calumet Co: Keweenaw MI 49913– Property Number: 189010778 Comment: 96 sq. ft.; 1 story; concrete block; Status: Excess potential utilities; most recent use— Landholding Agency: Air Force Comment: 1000 sq. ft.; 1 floor; possible storage. Property Number: 189010840 Status: Excess asbestos; potential utilities; most recent Bldg. 49 use—maintenance facility. Comment: 864 sq. ft., 1 floor wood frame Calumet Air Force Station residence; possible asbestos. Bldg. 40 Calumet Co: Keweenaw MI 49913– Calumet Air Force Station Landholding Agency: Air Force Bldg. 6 Calumet Co: Keweenaw MI 49913– Property Number: 189010789 Calumet Air Force Station Landholding Agency: Air Force Status: Excess Calumet Co: Keweenaw MI 49913– Property Number: 189010780 Comment: 1944 sq. ft.; 1 story; concrete Landholding Agency: Air Force Status: Excess block; potential utilities; most recent use— Property Number: 189010841 Comment: 2069 sq. ft.; 2 floors; concrete dormitory. Status: Excess Comment: 864 sq. ft., 1 floor wood frame block; possible asbestos; potential utilities; Bldg. 50 residence; possible asbestos. most recent use—administrative facility. Calumet Air Force Station Bldg. 41 Calumet Co: Keweenaw MI 49913– Bldg. 7 Calumet Air Force Station Landholding Agency: Air Force Calumet Air Force Station Calumet Co: Keweenaw MI 49913– Property Number: 189010790 Calumet Co: Keweenaw MI 49913– Landholding Agency: Air Force Status: Excess Landholding Agency: Air Force Property Number: 189010781 Comment: 6171 sq. ft.; 1 story; concrete Property Number: 189010842 Status: Excess block; potential utilities; possible asbestos; Status: Excess Comment: 2069 sq. ft.; 1 floor; concrete most recent use—Fire Department vehicle Comment: 864 sq. ft., 1 floor wood frame block; potential utilities; possible asbestos; parking building. residence; possible asbestos. most recent use—dormitory. Bldg. 14 Bldg. 8 Bldg. 42 Calumet Air Force Station Calumet Air Force Station Calumet Air Force Station Calumet Co: Keweenaw MI 49913– Calumet Co: Keweenaw MI 49913– Calumet Co: Keweenaw MI 49913– Landholding Agency: Air Force Landholding Agency: Air Force Landholding Agency: Air Force Property Number: 189010833 Property Number: 189010843 Property Number: 189010782 Status: Excess Status: Excess Status: Excess Comment: 6751 sq. ft.; 1 floor concrete block; Comment: 864 sq. ft., 1 floor wood frame Comment: 4017 sq. ft.; 1 floor; concrete possible asbestos; most recent use— residence; possible asbestos. block; potential utilities; possible asbestos; gymnasium. Bldg. 4 most recent use—dining hall. Bldg. 16 Calumet Air Force Station Bldg. 43 Calumet Air Force Station Calumet Co: Keweenaw MI 49913– Calumet Air Force Station Calumet Co: Keweenaw MI 49913– Landholding Agency: Air Force Calumet Co: Keweenaw MI 49913– Landholding Agency: Air Force Property Number: 189010844 Landholding Agency: Air Force Property Number: 189010834 Status: Excess Property Number: 189010783 Status: Excess Comment: 2340 sq. ft., 1 floor concrete block; Status: Excess Comment: 3000 sq. ft.; 1 floor concrete block; most recent use—heating facility. Comment: 3674 sq. ft.; 2 story; concrete most recent use—commissary facility. Bldg. 3 block; potential utilities; possible asbestos; Bldg. 9 Calumet Air Force Station most recent use—dormitory. Calumet Air Force Station Calumet Co: Keweenaw MI 49913– Bldg. 44 Calumet Co: Keweenaw MI 49913– Landholding Agency: Air Force Calumet Air Force Station Landholding Agency: Air Force Property Number: 189010845 Calumet Co: Keweenaw MI 49913– Property Number: 189010835 Status: Excess Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices 8117

Comment: 5314 sq. ft., 1 floor concrete block; Status: Excess Status: Excess possible asbestos; most recent use— Comment: 25 sq. ft.; 1 floor metal frame; prior Comment: 3744 sq. ft.; 1 story concrete/steel maintenance shop and office. use—storage of fire hoses. facility; (radar tower bldg.); potential use— Bldg. 1 Bldg. 202 storage. Calumet Air Force Station Calumet Air Force Station Missouri Calumet Co: Keweenaw MI 49913– Calumet Co: Keweenaw MI 49913– Jefferson Barracks ANG Base Landholding Agency: Air Force Landholding Agency: Air Force Missouri National Guard Property Number: 189010846 Property Number: 189010880 1 Grant Road Status: Excess Status: Excess St. Louis Co: St. Louis MO 63125–4118 Comment: 4528 sq. ft., 1 floor concrete block; Comment: 25 sq. ft.; 1 floor metal frame; prior Landholding Agency: Air Force possible asbestos; most recent use—office. use—storage of fire hoses. Property Number: 189010081 Bldg. 158 Bldg. 203 Status: Underutilized Calumet Air Force Station Calumet Air Force Station Comment: 20 acres; portion near flammable Calumet Co: Keweenaw MI 49913– Calumet Co: Keweenaw MI 49913– materials; portion on archaeological site; Landholding Agency: Air Force Landholding Agency: Air Force special fencing required. Property Number: 189010857 Property Number: 189010881 Status: Excess Status: Excess Montana Comment: 3603 sq. ft., 1 story concrete/steel; Comment: 25 sq. ft.; 1 floor metal frame; prior Bldg. 00007 possible asbestos; most recent use— use—storage of fire hoses. Havre Air Force Station Co: Hill MT 59501– electrical power station. Bldg. 204 Landholding Agency: Air Force Bldg. 15 Calumet Air Force Station Property Number: 189330066 Calumet Air Force Station Calumet Co: Keweenaw MI 49913– Status: Unutilized Calumet Co: Keweenaw MI 49913– Landholding Agency: Air Force Comment: 992 sq. ft., 1-story metal, most Landholding Agency: Air Force Property Number: 189010882 recent use—auto/hobby shop. Property Number: 189010864 Status: Excess Bldg. 00008 Status: Excess Comment: 25 sq. ft.; 1 floor metal frame; prior Havre Air Force Station Co: Hill MT 59501– Comment: 538 sq. ft., 1 floor; concrete/wood use—storage of fire hoses. Landholding Agency: Air Force structure; potential utilities; most recent Bldg. 205 Property Number: 189330067 use—gymnasium facility. Calumet Air Force Station Status: Unutilized Bldg. 31 Calumet Co: Keweenaw MI 49913– Comment: 2640 sq. ft., 1-story metal, most Calumet Air Force Station Landholding Agency: Air Force recent use—vehicle parking. Calumet Co: Keweenaw MI 49913– Property Number: 189010883 Bldg. 00016 Landholding Agency: Air Force Status: Excess Havre Air Force Station Co: Hill MT 59501– Property Number: 189010867 Comment: 25 sq. ft.; 1 floor metal frame; prior Landholding Agency: Air Force Status: Excess use—storage of fire hoses. Property Number: 189330068 Comment: 36 sq. ft.; 1 story; metal frame; Bldg. 206 Status: Unutilized prior use—storage of fire hoses. Calumet Air Force Station Comment: 3640 sq. ft., 1-story cinder block, Bldg. 32 Calumet Co: Keweenaw MI 49913– most recent use—storage. Calumet Air Force Station Landholding Agency: Air Force Bldg. 00023 Calumet Co: Keweenaw MI 49913– Property Number: 189010884 Havre Air Force Station Co: Hill MT 59501– Landholding Agency: Air Force Status: Excess Landholding Agency: Air Force Property Number: 189010868 Comment: 25 sq. ft.; 1 floor metal frame; prior Property Number: 189330069 Status: Excess use—storage of fire hoses. Status: Unutilized Comment: 36 sq. ft.; 1 story metal frame; Bldg. 207 Comment: 3315 sq. ft., 1-story wood, most prior use—storage of fire hoses. Calumet Air Force Station recent use—fire station. Bldg. 33 Calumet Co: Keweenaw MI 49913– Bldg. 00024 Calumet Air Force Station Landholding Agency: Air Force Havre Air Force Station Co: Hill MT 59501– Calumet Co: Keweenaw MI 49913– Property Number: 189010885 Landholding Agency: Air Force Landholding Agency: Air Force Status: Excess Property Number: 189330070 Property Number: 189010869 Comment: 25 sq. ft.; 1 floor metal frame; prior Status: Unutilized Status: Excess use—storage of fire hoses. Comment: 5016 sq. ft., 1-story brick, most Comment: 36 sq. ft.; 1 story metal frame; Bldg. 153 recent use—dormitory. prior use—storage of fire hoses. Calumet Air Force Station Bldg. 00027 Bldg. 34 Calumet Co: Keweenaw MI 49913– Havre Air Force Station Co: Hill MT 59501– Calumet Air Force Station Landholding Agency: Air Force Landholding Agency: Air Force Calumet Co: Keweenaw MI 49913– Property Number: 189010886 Property Number: 189330071 Landholding Agency: Air Force Status: Excess Status: Unutilized Property Number: 189010870 Comment: 4314 sq. ft.; 2 story concrete block Comment: 14280 sq. ft., 1-story cinder block, Status: Excess facility; (radar tower bldg.) potential use— most recent use—recreation center and Comment: 36 sq. ft.; 1 story metal frame; storage. commissary store. prior use—storage of fire hoses. Bldg. 154 Bldg. 00029 Bldg. 35 Calumet Air Force Station Havre Air Force Station Co: Hill MT 59501– Calumet Air Force Station Calumet Co: Keweenaw MI 49913– Landholding Agency: Air Force Calumet Co: Keweenaw MI 49913– Landholding Agency: Air Force Property Number: 189330072 Landholding Agency: Air Force Property Number: 189010887 Status: Unutilized Property Number: 189010871 Status: Excess Comment: 63 sq. ft., 1-story metal. Status: Excess Comment: 8960 sq. ft.; 4 story concrete block Bldg. 00031 Comment: 36 sq. ft.; 1 story metal frame; facility; (radar tower bldg.) potential use— Havre Air Force Station Co: Hill MT 59501– prior use—storage of fire hose. storage. Landholding Agency: Air Force Bldg. 39 Bldg. 157 Property Number: 189330073 Calumet Air Force Station Calumet Air Force Station Status: Unutilized Calumet Co: Keweenaw MI 49913– Calumet Co: Keweenaw MI 49913– Comment: 3130 sq. ft., 1-story cinder block, Landholding Agency: Air Force Landholding Agency: Air Force most recent use—maintenance shop and Property Number: 189010874 Property Number: 189010888 admin. 8118 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices

Bldg. 00032 Comment: 1455 sq. ft. each, 1-story wood, Comment: Reinforced concrete structures, Havre Air Force Station Co: Hill MT 59501– most recent use—residential. limited access, needs rehab, most recent Landholding Agency: Air Force Bldgs. 76, 80 use—transmitter and power house. Property Number: 189330074 Havre Air Force Station Co: Hill MT 59501– Texas Status: Unutilized Landholding Agency: Air Force Bldg. 696 Comment: 64 sq. ft., metal, most recent use— Property Number: 189330085 storage. Brooks Air Force Base Status: Unutilized San Antonio Co: Bexar TX 78235– Bldg. 00035 Comment: 1343 sq. ft. each, 1-story wood, Landholding Agency: Air Force Havre Air Force Station Co: Hill MT 59501– most recent use—residential. Property Number: 189110091 Landholding Agency: Air Force Bldg. 82 Status: Unutilized Property Number: 189330075 Havre Air Force Station Co: Hill MT 59501– Comment: 1344 sq. ft.; possible asbestos; Status: Unutilized Landholding Agency: Air Force most recent use—auto hobby shop; needs Comment: 2252 sq. ft., 4-story metal, most Property Number: 189330086 rehab. recent use—storage. Status: Unutilized Bldg. 697 Bldg. 00039 Comment: 1553 sq. ft., 1-story wood, most Brooks Air Force Base Havre Air Force Station Co: Hill MT 59501– recent use—residential. San Antonio Co: Bexar TX 78235– Landholding Agency: Air Force Landholding Agency: Air Force Property Number: 189330076 Bldgs. 150, 152, 154, 156, 158, 160, 162, 164, Property Number: 189110092 Status: Unutilized 168, 170, 172, 174, 176, 178, 180, 182, 184 Status: Unutilized Comment: 21824 sq. ft., 1-story masonry, Havre Air Force Station Co: Hill MT 59501– Comment: 770 sq. ft.; possible asbestos; most most recent use—storage. Landholding Agency: Air Force Property Number: 189330087 recent use—supply store; needs rehab. Bldg. 00040 Status: Unutilized Bldg. 698 Havre Air Force Station Co: Hill MT 59501– Comment: 1247 sq. ft. each, 1-story wood, Brooks Air Force Base Landholding Agency: Air Force most recent use—residential. San Antonio Co: Bexar TX 78235– Property Number: 189330077 Landholding Agency: Air Force Status: Unutilized Bldgs. 106–109, 112–113 Property Number: 189110093 Comment: 874 sq. ft., 1-story masonry, most Havre Air Force Station Co: Hill MT 59501– Status: Unutilized recent use—storage. Landholding Agency: Air Force Comment: 5815 sq. ft.; 1 story corrugated Bldg. 00041 Property Number: 189330088 Status: Unutilized iron; possible asbestos; needs rehab; most Havre Air Force Station Co: Hill MT 59501– recent use—recreation, workshop. Landholding Agency: Air Force Comment: 36 sq. ft. each, most recent use— Bldg. 2435 Property Number: 189330078 fire hose house. Laguna Housing Area Status: Unutilized Bldgs. 202, 204, 206, 212, 214, 216, 218 NAS Corpus Christi Comment: 108 sq. ft., 1-story masonry. Havre Air Force Station Co: Hill MT 59501– Corpus Christi Co: Nueces TX 78419– Landholding Agency: Air Force Bldg. 00042 Landholding Agency: Navy Property Number: 189330089 Havre Air Force Station Co: Hill MT 59501– Property Number: 779010161 Landholding Agency: Air Force Status: Unutilized Status: Underutilized Property Number: 189330079 Comment: 72 sq. ft. each, most recent use— Comment: 1730 sq. ft.; 1 story residence. Status: Unutilized storage units. Bldg. 2436 Comment: 760 sq. ft., 1-story masonry, most Bldgs. 208, 210 Laguna Housing Area recent use—warehouse. Havre Air Force Station Co: Hill MT 59501– NAS Corpus Christi Bldg. 00044 Landholding Agency: Air Force Corpus Christi Co: Nueces TX 78419– Havre Air Force Station Co: Hill MT 59501– Property Number: 189330090 Landholding Agency: Navy Landholding Agency: Air Force Status: Unutilized Property Number: 779010162 Property Number: 189330080 Comment: 36 sq. ft. each, most recent use— Status: Underutilized Status: Unutilized storage. Comment: 3352 sq. ft.; 1 story residence. Comment: 3298 sq. ft., 1-story metal, most New Hampshire Bldg. 2460 recent use—wood hobby shop. Bldg. 127 Laguna Housing Area Bldgs. 51, 52, 56, 58 New Boston Air Force Station NAS Corpus Christi Havre Air Force Station Co: Hill MT 59501– Amherst Co: Hillsborough NH 03031–1514 Corpus Christi Co: Nueces TX 78419– Landholding Agency: Air Force Landholding Agency: Air Force Landholding Agency: Navy Property Number: 189330081 Property Number: 189320057 Property Number: 779010163 Status: Unutilized Status: Excess Status: Underutilized Comment: 1352 sq. ft. each, 1-story wood, Comment: 698 sq. ft., 1-story, concrete and Comment: 1758 sq. ft.; 1 story residence. most recent use—residential. metal frame, possible asbestos, access Bldg. 2462 Bldgs. 53–55, 57, 59, 61, 63, 65, 67, 69, 71 restrictions, most recent use—storage. Laguna Housing Area Havre Air Force Station Co: Hill MT 59501– Ohio NAS Corpus Christi Landholding Agency: Air Force Corpus Christi Co: Nueces TX 78419– Property Number: 189330082 Naval & Marine Corps Res. Cntr Landholding Agency: Navy Status: Unutilized 315 East LaClede Avenue Property Number: 779010164 Comment: 1152 sq. ft. each, 1-story wood, Youngstown OH Status: Underutilized most recent use—residential. Landholding Agency: Navy Comment: 1758 sq. ft.; 1 story residence. Property Number: 779320012 Bldgs. 60, 62, 64, 66, 68 Bldg. 2464 Status: Unutilized Havre Air Force Station Co: Hill MT 59501– Laguna Housing Area Comment: 3067 sq. ft. 2 story, possible Landholding Agency: Air Force NAS Corpus Christi asbestos. Property Number: 189330083 Corpus Christi Co: Nueces TX 78419– Status: Unutilized Puerto Rico Landholding Agency: Navy Comment: 1361 sq. ft. each, 1-story wood, Bldgs. 501 & 502 Property Number: 779010165 most recent use—residential. U.S. Naval Radio Transmitter Facility Status: Underutilized Bldgs. 70, 72, 74, 78 State Road No. 2 Comment: 1758 sq. ft.; 1 story residence. Havre Air Force Station Co: Hill MT 59501– Juana Diaz PR 00795– Bldg. 2466 Landholding Agency: Air Force Landholding Agency: Navy Laguna Housing Area Property Number: 189330084 Property Number: 779530007 NAS Corpus Christi Status: Unutilized Status: Unutilized Corpus Christi Co: Nueces TX 78419– Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices 8119

Landholding Agency: Navy Status: Underutilized Bldg. 2454 Property Number: 779010166 Comment: 1676 sq. ft.; 1 story residence. Laguna Housing Area Status: Underutilized Bldg. 2522 NAS Corpus Christi Comment: 1576 sq. ft.; 1 story residence. Laguna Housing Area Corpus Christi Co: Nueces TX 78419– Bldg. 2467 NAS Corpus Christi Landholding Agency: Navy Laguna Housing Area Corpus Christi Co: Nueces TX 78419– Property Number: 779010185 NAS Corpus Christi Landholding Agency: Navy Status: Underutilized Corpus Christi Co: Nueces TX 78419– Property Number: 779010176 Comment 3152 sq. ft.; 1 story residence. Landholding Agency: Navy Status: Underutilized Bldg. 2477 Property Number: 779010167 Comment: 1676 sq. ft.; 1 story residence. Laguna Housing Area Status: Underutilized Bldg. 2526 NAS Corpus Christi Comment: 3532 sq. ft.; 1 story residence. Laguna Housing Area Corpus Christi Co: Nueces TX 78419– Bldg. 2468 NAS Corpus Christi Landholding Agency: Navy Laguna Housing Area Corpus Christi Co: Nueces TX 78419– Property Number: 779010186 NAS Corpus Christi Landholding Agency: Navy Status: Underutilized Corpus Christi Co: Nueces TX 78419– Property Number: 779010177 Comment 3152 sq. ft.; 1 story residence. Landholding Agency: Navy Status: Underutilized Bldg. 2485 Property Number: 779010168 Comment: 1676 sq. ft.; 1 story residence. Laguna Housing Area Status: Underutilized Bldg. 2423 NAS Corpus Christi Comment: 1758 sq. ft.; 1 story residence. Laguna Housing Area Corpus Christi Co: Nueces TX 78419– Bldg. 2472 NAS Corpus Christi Landholding Agency: Navy Laguna Housing Area Corpus Christi Co: Nueces TX 78419– Property Number: 779010187 NAS Corpus Christi Landholding Agency: Navy Status: Underutilized Corpus Christi Co: Nueces TX 78419– Property Number: 779010178 Comment 3152 sq. ft.; 1 story residence. Landholding Agency: Navy Status: Underutilized Bldg. 2499 Property Number: 779010169 Comment: 3532 sq. ft.; 1 story residence. Laguna Housing Area Status: Underutilized Bldg. 2427 NAS Corpus Christi Comment: 1758 sq. ft.; 1 story residence. Laguna Housing Area Corpus Christi Co: Nueces TX 78419– Bldg. 2476 NAS Corpus Christi Landholding Agency: Navy Laguna Housing Area Corpus Christi Co: Nueces TX 78419– Property Number: 779010188 NAS Corpus Christi Landholding Agency: Navy Status: Underutilized Corpus Christi Co: Nueces TX 78419– Property Number: 779010179 Comment 3152 sq. ft.; 1 story residence. Landholding Agency: Navy Status: Underutilized Bldg. 2503 Property Number: 779010170 Comment: 3532 sq. ft.; 1 story residence. Laguna Housing Area Status: Underutilized Bldg. 2431 NAS Corpus Christi Comment: 1758 sq. ft.; 1 story residence. Laguna Housing Area Corpus Christi Co: Nueces TX 78419– Bldg. 2482 NAS Corpus Christi Landholding Agency: Navy Laguna Housing Area Corpus Christi Co: Nueces TX 78419– Property Number: 779010189 NAS Corpus Christi Landholding Agency: Navy Status: Underutilized Corpus Christi Co: Nueces TX 78419– Property Number: 779010180 Comment 3152 sq. ft.; 1 story residence. Landholding Agency: Navy Status: Underutilized Bldg. 2507 Property Number: 779010171 Comment: 3532 sq. ft.; 1 story residence. Laguna Housing Area Status: Underutilized Bldg. 2424 NAS Corpus Christi Comment: 1760 sq. ft.; 1 story residence. Laguna Housing Area Corpus Christi Co: Nueces TX 78419– Bldg. 2495 NAS Corpus Christi Landholding Agency: Navy Laguna Housing Area Corpus Christi Co: Nueces TX 78419– Property Number: 779010190 NAS Corpus Christi Landholding Agency: Navy Status: Underutilized Corpus Christi Co: Nueces TX 78419– Property Number: 779010181 Comment 3152 sq. ft.; 1 story residence. Landholding Agency: Navy Status: Underutilized Bldg. 2513 Property Number: 779010172 Comment 3352 sq. ft.; 1 story residence. Laguna Housing Area Status: Underutilized Bldg. 2433 NAS Corpus Christi Comment: 1760 sq. ft.; 1 story residence. Laguna Housing Area Corpus Christi Co: Nueces TX 78419– Bldg. 2514 NAS Corpus Christi Landholding Agency: Navy Laguna Housing Area Corpus Christi Co: Nueces TX 78419– Property Number: 779010191 NAS Corpus Christi Landholding Agency: Navy Status: Underutilized Corpus Christi Co: Nueces TX 78419– Property Number: 779010182 Comment 3152 sq. ft.; 1 story residence. Landholding Agency: Navy Status: Underutilized Bldg. 2521 Property Number: 779010173 Comment 3352 sq. ft.; 1 story residence. Laguna Housing Area Status: Underutilized Bldg. 2428 NAS Corpus Christi Comment: 1730 sq. ft.; 1 story residence. Laguna Housing Area Corpus Christi Co: Nueces TX 78419– Bldg. 2518 NAS Corpus Christi Landholding Agency: Navy Laguna Housing Area Corpus Christi Co: Nueces TX 78419– Property Number: 779010192 NAS Corpus Christi Landholding Agency: Navy Status: Underutilized Corpus Christi Co: Nueces TX 78419– Property Number: 779010183 Comment 3152 sq. ft.; 1 story residence. Landholding Agency: Navy Status: Underutilized Bldg. 2451 Property Number: 779010174 Comment 3352 sq. ft.; 1 story residence. Laguna Housing Area Status: Underutilized Bldg. 2429 NAS Corpus Christi Comment: 1676 sq. ft.; 1 story residence. Laguna Housing Area Corpus Christi Co: Nueces TX 78419– Bldg. 2520 NAS Corpus Christi Landholding Agency: Navy Laguna Housing Area Corpus Christi Co: Nueces TX 78419– Property Number: 779010193 NAS Corpus Christi Landholding Agency: Navy Status: Underutilized Corpus Christi Co: Nueces TX 78419– Property Number: 779010184 Comment 1758 sq. ft.; 1 story residence. Landholding Agency: Navy Status: Underutilized Bldg. 2458 Property Number: 779010175 Comment 3152 sq. ft.; 1 story residence. Laguna Housing Area 8120 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices

NAS Corpus Christi Landholding Agency: Navy Status: Underutilized Corpus Christi Co: Nueces TX 78419– Property Number: 779010203 Comment: 3356 sq. ft.; 1 story residence. Landholding Agency: Navy Status: Underutilized Bldg. 2501 Property Number: 779010194 Comment: 1758 sq. ft.; 1 story residence. Laguna Housing Area Status: Underutilized Bldg. 2500 NAS Corpus Christi Comment 1758 sq. ft.; 1 story residence. Laguna Housing Area Corpus Christi Co: Nueces TX 78419– Bldg. 2461 NAS Corpus Christi Landholding Agency: Navy Laguna Housing Area Corpus Christi Co: Nueces TX 78419– Property Number: 779010213 NAS Corpus Christi Landholding Agency: Navy Status: Underutilized Corpus Christi Co: Nueces TX 78419– Property Number: 779010204 Comment: 3356 sq. ft.; 1 story residence. Landholding Agency: Navy Status: Underutilized Bldg. 2505 Property Number: 779010195 Comment: 1758 sq. ft.; 1 story residence. Laguna Housing Area Status: Underutilized Bldg. 2502 NAS Corpus Christi Comment 1758 sq. ft.; 1 story residence. Laguna Housing Area Corpus Christi Co: Nueces TX 78419– Bldg. 2473 NAS Corpus Christi Landholding Agency: Navy Laguna Housing Area Corpus Christi Co: Nueces TX 78419– Property Number: 779010214 NAS Corpus Christi Landholding Agency: Navy Status: Underutilized Corpus Christi Co: Nueces TX 78419– Property Number: 779010205 Comment: 3356 sq. ft.; 1 story residence. Landholding Agency: Navy Status: Underutilized Bldg. 2515 Property Number: 779010196 Comment: 1758 sq. ft.; 1 story residence. Laguna Housing Area Status: Underutilized Bldg. 2506 NAS Corpus Christi Comment 1758 sq. ft.; 1 story residence. Laguna Housing Area Corpus Christi Co: Nueces TX 78419– Bldg. 2478 NAS Corpus Christi Landholding Agency: Navy Laguna Housing Area Corpus Christi Co: Nueces TX 78419– Property Number: 779010215 NAS Corpus Christi Landholding Agency: Navy Status: Underutilized Corpus Christi Co: Nueces TX 78419– Property Number: 779010206 Comment: 3356 sq. ft.; 1 story residence. Landholding Agency: Navy Status: Underutilized Bldg. 2517 Property Number: 779010197 Comment: 1758 sq. ft.; 1 story residence. Laguna Housing Area Status: Underutilized Bldg. 2508 NAS Corpus Christi Comment 1758 sq. ft.; 1 story residence. Laguna Housing Area Corpus Christi Co: Nueces TX 78419– Bldg. 2480 NAS Corpus Christi Landholding Agency: Navy Laguna Housing Area Corpus Christi Co: Nueces TX 78419– Property Number: 779010216 NAS Corpus Christi Landholding Agency: Navy Status: Underutilized Corpus Christi Co: Nueces TX 78419– Property Number: 779010207 Comment: 3356 sq. ft.; 1 story residence. Landholding Agency: Navy Status: Underutilized Bldg. 2519 Property Number: 779010198 Comment: 1758 sq. ft.; 1 story residence. Laguna Housing Area Status: Underutilized Bldg. 2525 NAS Corpus Christi Comment 1758 sq. ft.; 1 story residence. Laguna Housing Area Corpus Christi Co: Nueces TX 78419– Bldg. 2484 NAS Corpus Christi Landholding Agency: Navy Laguna Housing Area Corpus Christi Co: Nueces TX 78419– Property Number: 779010217 NAS Corpus Christi Landholding Agency: Navy Status: Underutilized Corpus Christi Co: Nueces TX 78419– Property Number: 779010208 Comment: 3356 sq. ft.; 1 story residence. Landholding Agency: Navy Status: Underutilized Bldg. 2523 Property Number: 779010199 Comment: 1758 sq. ft.; 1 story residence. Laguna Housing Area Status: Underutilized Bldg. 2452 NAS Corpus Christi Comment 1758 sq. ft.; 1 story residence. Laguna Housing Area Corpus Christi Co: Nueces TX 78419– Bldg. 2486 NAS Corpus Christi Landholding Agency: Navy Laguna Housing Area Corpus Christi Co: Nueces TX 78419– Property Number: 779010218 NAS Corpus Christi Landholding Agency: Navy Status: Underutilized Corpus Christi Co: Nueces TX 78419– Property Number: 779010209 Comment: 3356 sq. ft.; 1 story residence. Landholding Agency: Navy Status: Underutilized Bldg. 2465 Property Number: 779010200 Comment: 3356 sq. ft.; 1 story residence. Laguna Housing Area Status: Underutilized Bldg. 2475 NAS Corpus Christi Comment 1758 sq. ft.; 1 story residence. Laguna Housing Area Corpus Christi Co: Nueces TX 78419– Bldg. 2487 NAS Corpus Christi Landholding Agency: Navy Laguna Housing Area Corpus Christi Co: Nueces TX 78419– Property Number: 779010219 NAS Corpus Christi Landholding Agency: Navy Status: Underutilized Corpus Christi Co: Nueces TX 78419– Property Number: 779010210 Comment: 1576 sq. ft.; 1 story residence. Landholding Agency: Navy Status: Underutilized Bldg. 2493 Property Number: 779010201 Comment: 3356 sq. ft.; 1 story residence. Laguna Housing Area Status: Underutilized Bldg. 2479 NAS Corpus Christi Comment: 1758 sq. ft.; 1 story residence. Laguna Housing Area Corpus Christi Co: Nueces TX 78419– Bldg. 2488 NAS Corpus Christi Landholding Agency: Navy Laguna Housing Area Corpus Christi Co: Nueces TX 78419– Property Number: 779010220 NAS Corpus Christi Landholding Agency: Navy Status: Underutilized Corpus Christi Co: Nueces TX 78419– Property Number: 779010211 Comment: 1576 sq. ft.; 1 story residence. Landholding Agency: Navy Status: Underutilized Bldg. 2510 Property Number: 779010202 Comment: 3356 sq. ft.; 1 story residence. Laguna Housing Area Status: Underutilized Bldg. 2497 NAS Corpus Christi Comment: 1758 sq. ft.; 1 story residence. Laguna Housing Area Corpus Christi Co: Nueces TX 78419– Bldg. 2494 NAS Corpus Christi Landholding Agency: Navy Laguna Housing Area Corpus Christi Co: Nueces TX 78419– Property Number: 779010221 NAS Corpus Christi Landholding Agency: Navy Status: Underutilized Corpus Christi Co: Nueces TX 78419– Property Number: 779010212 Comment: 1576 sq. ft.; 1 story residence. Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices 8121

Bldg. 2474 Landholding Agency: Air Force Landholding Agency: Navy Laguna Housing Area Property Number: 189010045 Property Number: 779010259 NAS Corpus Christi Status: Excess Status: Unutilized Corpus Christi Co: Nueces TX 78419– Comment: 35.30 acres + .11 acres easement; Comment: 2628 sq. ft.; 1 story permanent Landholding Agency: Navy 30 + acres undeveloped; potential utilities; bldg; possible asbestos; secure facility with Property Number: 779010222 secured area; alternate access. alternate access; use—office space. Status: Underutilized Norton Com. Facility Annex Bldg. 102 Comment: 3528 sq. ft.; 1 story residence. Norton AFB Naval Facilities Point Sur Bldg. 2481 Sixth and Central Streets CVB Detachment Laguna Housing Area Highland Co: San Bernadino CA 92409–5045 Monterey Co: Monterey CA 93940– NAS Corpus Christi Landholding Agency: Air Force Landholding Agency: Navy Corpus Christi Co: Nueces TX 78419– Property Number: 189010194 Property Number: 779010260 Landholding Agency: Navy Status: Excess Status: Unutilized Property Number: 779010223 Comment: 30.3 acres; most recent use— Comment: 580 sq. ft.; 1 story permanent bldg; Status: Underutilized recreational area; portion subject to possible asbestos; secure facility with Comment: 3528 sq. ft.; 1 story residence. easements. alternate access; most recent use—office. Bldg. 2509 Florida Bldg. 103 Laguna Housing Area Naval Facilities Point Sur Woodland Tract NAS Corpus Christi CVB Detachment Elgin AFB, AF Enlisted Widows’ Home Corpus Christi Co: Nueces TX 78419– Monterey Co: Monterey CA 93940– Landholding Agency: Navy Ft. Walton Beach Co: Okaloosa FL 32542– Landholding Agency: Navy Property Number: 779010224 5000 Property Number: 779010261 Status: Underutilized Landholding Agency: Air Force Status: Unutilized Comment: 1676 sq. ft.; 1 story residence. Property Number: 189540020 Comment: 3675 sq. ft.; 1 story permanent Status: Unutilized Bldg. 2511 bldg; possible asbestos; secure facility with Comment: 3.43 acres, easement. Laguna Housing Area alternate access; most recent use—dinning NAS Corpus Christi Naval Public Works Center hall. Corpus Christi Co: Nueces TX 78419– Naval Air Station Bldg. 109 Landholding Agency: Navy Pensacola Co: Escambia FL 32508– Naval Facilities Point Sur Property Number: 779010225 Location: Southeast corner of Corey station— CVB Detachment Status: Underutilized next to family housing. Monterey Co: Monterey CA 93940– Comment: 1676 sq. ft.; 1 story residence. Landholding Agency: Navy Landholding Agency: Navy Bldg. 2512 Property Number: 779010157 Property Number: 779010262 Laguna Housing Area Status: Unutilized Status: Unutilized NAS Corpus Christi Comment: 22 acres. Comment: 1045 sq. ft.; 2 story permanent Corpus Christi Co: Nueces TX 78419– Georgia bldg; possible asbestos; secure facility with Landholding Agency: Navy Naval Submarine Base alternate access; most recent use—barracks. Property Number: 779010226 Grid AA–1 to AA–4 to EE–7 to FF–2 Bldg. 110 Status: Underutilized Kings Bay Co: Camden GA 31547– Naval Facilities Point Sur Comment: 1676 sq. ft.; 1 story residence. Landholding Agency: Navy CVB Detachment Bldg. 2527 Property Number: 779010255 Monterey Co: Monterey CA 93940– Laguna Housing Area Status: Underutilized Landholding Agency: Navy NAS Corpus Christi Comment: 495 acres, 86 acre portion located Property Number: 779010263 Corpus Christi Co: Nueces TX 78419– in floodway; secured area with alternate Status: Unutilized Landholding Agency: Navy access. Comment: 4439 sq. ft.; 1 story permanent Property Number: 779010227 bldg; possible asbestos; secure facility with Virgin Islands Status: Underutilized alternate access; most recent use—shop. Comment: 1676 sq. ft.; 1 story residence. Ham’s Bluff Test Site Bldg. 113 Freddriksted Co: St. Croix VI 00840– Virginia Naval Facilities Point Sur Landholding Agency: Navy CVB Detachment Naval Medical Clinic Property Number: 779530006 Monterey Co: Monterey CA 93940– 6500 Hampton Blvd. Status: Unutilized Landholding Agency: Navy Norfolk Co: Norfolk VA 23508– Comment: 22.5 acres, bldg. construction Property Number: 779010264 Landholding Agency: Navy underway, secured area w/alternate access, Status: Unutilized Property Number: 779010109 property reverts to transportation when Comment: 100 sq. ft.; 1 story permanent bldg; Status: Unutilized Navy vacates. secured facility with alternate access; most Comment: 3665 sq. ft., 1 story, possible recent use—storage. asbestos, most recent use—laundry. Virginia Bldg. 138 West Virginia Naval Base Norfolk Co: Norfolk VA 23508– Naval Facilities Point Sur Naval & Marine Corps Res. Ctr. Location: Northeast corner of base, near CVB Detachment N. 13th St & Ohio River Willoughby housing area. Monterey Co: Monterey CA 93940– Wheeling Co: Ohio WV 26003– Landholding Agency: Navy Landholding Agency: Navy Landholding Agency: Navy Property Number: 779010156 Property Number: 779010265 Property Number: 779010077 Status: Unutilized Status: Unutilized Status: Excess Comment: 60 acres; most recent use— Comment: 110 sq. ft.; 1 story permanent bldg; Comment: 32000 sq. ft.; 1 floor; most recent sandpit; secured area with alternate access. possible asbestos; secure facility with use—offices; 15% of total space occupied; alternate access; most recent use—filling needs rehab; land leased from city— Suitable/To Be Excessed station. expires September 1990. Buildings (by State) Bldg. 144 Land (by State) Naval Facilities Point Sur California CVB Detachment California Bldg. 100 Monterey Co: Monterey CA 93940– Camp Kohler Annex Naval Facilities Point Sur Landholding Agency: Navy McClellan AFB CVB Detachment Property Number: 779010266 Sacramento Co: Sacramento CA 95652–5000 Monterey Co: Monterey CA 93940– Status: Unutilized 8122 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices

Comment: 4320 sq. ft.; 1 story semi- Comment: 2750 Sq. ft., one story family Nellis Air Force Base permanent bldg; possible asbestos; secure housing, easement restrictions, potential Indian Springs AF Aux. Field facility with alternate access; most recent utilities, off-site removal only. Indian Springs Co: Clark NV 89018– use—bowling alley. Bldg. 306 Landholding Agency: Air Force Bldg. 145 Nellis Air Force Base Property Number: 189120014 Naval Facilities Point Sur Indian Springs AF Aux. Field Status: Unutilized CVB Detachment Indian Springs Co: Clark NV 89018- Comment: 2424 Sq. ft., one story family Monterey Co: Monterey CA 93940- Landholding Agency: Air Force housing, easement restrictions, potential Landholding Agency: Navy Property Number: 189120007 utilities, off-site removal only. Property Number: 779010267 Status: Unutilized Bldg. 314 Status: Unutilized Comment: 2750 Sq. ft., one story family Nellis Air Force Base Comment: 4000 sq. ft.; 1 story semi- housing, easement restrictions, potential Indian Springs AF Aux. Field permanent bldg; possible asbestos secure utilities, off-site removal only. Indian Springs Co: Clark NV 89018– facility with alternate access; most recent Bldg. 307 Landholding Agency: Air Force use—recreation building. Nellis Air Force Base Property Number: 189120015 Status: Unutilized Nevada Indian Springs AF Aux. Field Indian Springs Co: Clark NV 89018– Comment: 2424 Sq. ft., one story family Bldg. 300 Landholding Agency: Air Force housing, easement restrictions, potential Nellis Air Force Base Property Number: 189120008 utilities, off-site removal only. Indian Springs AF Aux. Field Status: Unutilized Bldg. 315 Indian Springs Co: Clark NV 89018- Comment: 2170 Sq. ft., one story family Nellis Air Force Base Landholding Agency: Air Force housing, easement restrictions, potential Indian Springs AF Aux. Field Property Number: 189120001 utilities, off-site removal only. Indian Springs Co: Clark NV 89018– Status: Unutilized Landholding Agency: Air Force Bldg. 308 Comment: 1573 Sq. ft., one story family Property Number: 189120016 Nellis Air Force Base housing, easement restrictions, potential Status: Unutilized Indian Springs AF Aux. Field utilities, off-site removal only. Comment: 2424 Sq. ft., one story family Indian Springs Co: Clark NV 89018– housing, easement restrictions, potential Bldg. 301 Landholding Agency: Air Force utilities, off-site removal only. Nellis Air Force Base Property Number: 189120009 Indian Springs AF Aux. Field Status: Unutilized Bldg. 316 Indian Springs Co: Clark NV 89018- Comment: 2170 Sq. ft., one story family Nellis Air Force Base Landholding Agency: Air Force housing, easement restrictions, potential Indian Springs AF Aux. Field Property Number: 189120002 utilities, off-site removal only. Indian Springs Co: Clark NV 89018– Landholding Agency: Air Force Status: Unutilized Bldg. 309 Comment: 1573 Sq. ft., one story family Property Number: 189120017 Nellis Air Force Base Status: Unutilized housing, easement restrictions, potential Indian Springs AF Aux. Field utilities, off-site removal only. Comment: 2424 Sq. ft., one story family Indian Springs Co: Clark NV 89018– housing, easement restrictions, potential Bldg. 302 Landholding Agency: Air Force utilities, off-site removal only. Nellis Air Force Base Property Number: 189120010 Indian Springs AF Aux. Field Status: Unutilized Bldg. 317 Nellis Air Force Base Indian Springs Co: Clark NV 89018- Comment: 2170 Sq. ft., one story family Indian Springs AF Aux. Field Landholding Agency: Air Force housing, easement restrictions, potential Indian Springs Co: Clark NV 89018– Property Number: 189120003 utilities, off-site removal only. Status: Unutilized Landholding Agency: Air Force Bldg. 310 Property Number: 189120018 Comment: 1573 Sq. ft., one story family Nellis Air Force Base housing, easement restrictions, potential Status: Unutilized Indian Springs AF Aux. Field Comment: 2424 Sq. ft., one story family utilities, off-site removal only. Indian Springs Co: Clark NV 89018– housing, easement restrictions, potential Bldg. 303 Landholding Agency: Air Force utilities, off-site removal only. Nellis Air Force Base Property Number: 189120011 Bldg. 318 Indian Springs AF Aux. Field Status: Unutilized Nellis Air Force Base Indian Springs Co: Clark NV 89018- Comment: 2170 Sq. ft., one story family Indian Springs AF Aux. Field Landholding Agency: Air Force housing, easement restrictions, potential Indian Springs Co: Clark NV 89018– Property Number: 189120004 utilities, off-site removal only. Landholding Agency: Air Force Status: Unutilized Bldg. 311 Property Number: 189120019 Comment: 2750 Sq. ft., one story family Nellis Air Force Base Status: Unutilized housing, easement restrictions, potential Indian Springs AF Aux. Field Comment: 2170 Sq. ft., one story family utilities, off-site removal only. Indian Springs Co: Clark NV 89018– housing, easement restrictions, potential Bldg. 304 Landholding Agency: Air Force utilities, off-site removal only. Nellis Air Force Base Property Number: 189120012 Bldg. 319 Indian Springs AF Aux. Field Status: Unutilized Nellis Air Force Base Indian Springs Co: Clark NV 89018- Comment: 2424 Sq. ft., one story family Indian Springs AF Aux. Field Landholding Agency: Air Force housing, easement restrictions, potential Indian Springs Co: Clark NV 89018– Property Number: 189120005 utilities, off-site removal only. Landholding Agency: Air Force Status: Unutilized Bldg. 312 Property Number: 189120020 Comment: 2750 Sq. ft., one story family Nellis Air Force Base Status: Unutilized housing, easement restrictions, potential Indian Springs AF Aux. Field Comment: 2424 Sq. ft., one story family utilities, off-site removal only. Indian Springs Co: Clark NV 89018– housing, easement restrictions, potential Bldg. 305 Landholding Agency: Air Force utilities, off-site removal only. Nellis Air Force Base Property Number: 189120013 Bldg. 320 Indian Springs AF Aux. Field Status: Unutilized Nellis Air Force Base Indian Springs Co: Clark NV 89018- Comment: 2424 Sq. ft., one story family Indian Springs AF Aux. Field Landholding Agency: Air Force housing, easement restrictions, potential Indian Springs Co: Clark NV 89018– Property Number: 189120006 utilities, off-site removal only. Landholding Agency: Air Force Status: Unutilized Bldg. 313 Property Number: 189120021 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices 8123

Status: Unutilized Nellis Air Force Base Status: Unutilized Comment: 2170 Sq. ft., one story family Indian Springs AF Aux. Field Comment: 1170 Sq. ft., one story family housing, easement restrictions, potential Indian Springs Co: Clark NV 89018– housing, easement restrictions, potential utilities, off-site removal only. Landholding Agency: Air Force utilities, off-site removal only. Bldg. 321 Property Number: 189120029 Bldg. 340 Nellis Air Force Base Status: Unutilized Nellis Air Force Base Indian Springs AF Aux. Field Comment: 1170 Sq. ft., one story family Indian Springs AF Aux. Field Indian Springs Co: Clark NV 89018– housing, easement restrictions, potential Indian Springs Co: Clark NV 89018– Landholding Agency: Air Force utilities, off–site removal only. Landholding Agency: Air Force Property Number: 189120022 Bldg. 333 Property Number: 189120037 Status: Unutilized Nellis Air Force Base Status: Unutilized Comment: 2170 Sq. ft., one story family Indian Springs AF Aux. Field Comment: 1170 Sq. ft., one story family housing, easement restrictions, potential Indian Springs Co: Clark NV 89018– housing, easement restrictions, potential utilities, off-site removal only. Landholding Agency: Air Force utilities, off-site removal only. Bldg. 322 Property Number: 189120030 Bldg. 341 Nellis Air Force Base Status: Unutilized Nellis Air Force Base Indian Springs AF Aux. Field Comment: 1170 Sq. ft., one story family Indian Springs AF Aux. Field Indian Springs Co: Clark NV 89018– housing, easement restrictions, potential Indian Springs Co: Clark NV 89018– Landholding Agency: Air Force utilities, off–site removal only. Landholding Agency: Air Force Property Number: 189120023 Bldg. 334 Property Number: 189120038 Status: Unutilized Nellis Air Force Base Status: Unutilized Comment: 2170 Sq. ft., one story family Indian Springs AF Aux. Field Comment: 1170 Sq. ft., one story family housing, easement restrictions, potential Indian Springs Co: Clark NV 89018– housing, easement restrictions, potential utilities, off-site removal only. Landholding Agency: Air Force utilities, off-site removal only. Bldg. 323 Property Number: 189120031 Bldg. 343 Nellis Air Force Base Status: Unutilized Nellis Air Force Base Indian Springs AF Aux. Field Comment: 1170 Sq. ft., one story family Indian Springs AF Aux. Field Indian Springs Co: Clark NV 89018– housing, easement restrictions, potential Indian Springs Co: Clark NV 89018– Landholding Agency: Air Force utilities, off–site removal only. Landholding Agency: Air Force Property Number: 189120024 Bldg. 335 Property Number: 189120039 Status: Unutilized Nellis Air Force Base Status: Unutilized Comment: 1233 Sq. ft., one story family Indian Springs AF Aux. Field Comment: 1170 Sq. ft., one story family housing, easement restrictions, potential Indian Springs Co: Clark NV 89018– housing, easement restrictions, potential utilities, off–site removal only. Landholding Agency: Air Force utilities, off-site removal only. Bldg. 324 Property Number: 189120032 Bldg. 345 Nellis Air Force Base Status: Unutilized Nellis Air Force Base Indian Springs AF Aux. Field Comment: 1170 Sq. ft., one story family Indian Springs AF Aux. Field Indian Springs Co: Clark NV 89018– housing, easement restrictions, potential Indian Springs Co: Clark NV 89018– Landholding Agency: Air Force utilities, off-site removal only. Landholding Agency: Air Force Property Number: 189120025 Bldg. 336 Property Number: 189120040 Status: Unutilized Nellis Air Force Base Status: Unutilized Comment: 2424 Sq. ft., one story family Indian Springs AF Aux. Field Comment: 1170 Sq. ft., one story family housing, easement restrictions, potential Indian Springs Co: Clark NV 89018– housing, easement restrictions, potential utilities, off–site removal only. Landholding Agency: Air Force utilities, off-site removal only. Bldg. 325 Property Number: 189120033 Bldg. 346 Nellis Air Force Base Status: Unutilized Nellis Air Force Base Indian Springs AF Aux. Field Comment: 1170 Sq. ft., one story family Indian Springs AF Aux. Field Indian Springs Co: Clark NV 89018– housing, easement restrictions, potential Indian Springs Co: Clark NV 89018– Landholding Agency: Air Force utilities, off-site removal only. Landholding Agency: Air Force Property Number: 189120026 Bldg. 337 Property Number: 189120041 Status: Unutilized Nellis Air Force Base Status: Unutilized Comment: 2424 Sq. ft., one story family Indian Springs AF Aux. Field Comment: 1170 Sq. ft., one story family housing, easement restrictions, potential Indian Springs Co: Clark NV 89018– housing, easement restrictions, potential utilities, off–site removal only. Landholding Agency: Air Force utilities, off-site removal only. Bldg. 326 Property Number: 189120034 Bldg. 348 Nellis Air Force Base Status: Unutilized Nellis Air Force Base Indian Springs AF Aux. Field Comment: 1170 Sq. ft., one story family Indian Springs AF Aux. Field Indian Springs Co: Clark NV 89018– housing, easement restrictions, potential Indian Springs Co: Clark NV 89018– Landholding Agency: Air Force utilities, off-site removal only. Landholding Agency: Air Force Property Number: 189120027 Bldg. 338 Property Number: 189120042 Status: Unutilized Nellis Air Force Base Status: Unutilized Comment: 2424 Sq. ft., one story family Indian Springs AF Aux. Field Comment: 1170 Sq. ft., one story family housing, easement restrictions, potential Indian Springs Co: Clark NV 89018– housing, easement restrictions, potential utilities, off–site removal only. Landholding Agency: Air Force utilities, off-site removal only. Bldg. 331 Property Number: 189120035 Bldg. 349 Nellis Air Force Base Status: Unutilized Nellis Air Force Base Indian Springs AF Aux. Field Comment: 1170 Sq. ft., one story family Indian Springs AF Aux. Field Indian Springs Co: Clark NV 89018– housing, easement restrictions, potential Indian Springs Co: Clark NV 89018– Landholding Agency: Air Force utilities, off-site removal only. Landholding Agency: Air Force Property Number: 189120028 Bldg. 339 Property Number: 189120043 Status: Unutilized Nellis Air Force Base Status: Unutilized Comment: 1170 Sq. ft., one story family Indian Springs AF Aux. Field Comment: 1170 Sq. ft., one story family housing, easement restrictions, potential Indian Springs Co: Clark NV 89018– housing, easement restrictions, potential utilities, off–site removal only. Landholding Agency: Air Force utilities, off-site removal only. Bldg. 332 Property Number: 189120036 Bldg. 350 8124 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices

Nellis Air Force Base Landholding Agency: Air Force Comment: 120 Sq. ft., one story, most recent Indian Springs AF Aux. Field Property Number: 189120051 use—storage, easement restrictions, Indian Springs Co: Clark NV 89018– Status: Unutilized potential utilities, off-site removal only. Landholding Agency: Air Force Comment: 2605 Sq. ft., one story, most recent Bldg. 3034 Property Number: 189120044 use—child care facility, easement Nellis Air Force Base Status: Unutilized restrictions, potential utilities, off-site Indian Springs AF Aux. Field Comment: 1170 Sq. ft., one story family removal only. Indian Springs Co: Clark NV 89018– housing, easement restrictions, potential Bldg. 3027 Landholding Agency: Air Force utilities, off-site removal only. Nellis Air Force Base Property Number: 189120059 Bldg. 351 Indian Springs AF Aux. Field Status: Unutilized Nellis Air Force Base Indian Springs Co: Clark NV 89018– Comment: 120 Sq. ft., one story, most recent Indian Springs AF Aux. Field Landholding Agency: Air Force use—storage, easement restrictions, Indian Springs Co: Clark NV 89018– Property Number: 189120052 potential utilities, off-site removal only. Landholding Agency: Air Force Status: Unutilized Bldg. 3035 Property Number: 189120045 Comment: 120 Sq. ft., one story, most recent Nellis Air Force Base Status: Unutilized use—storage, easement restrictions, Indian Springs AF Aux. Field Comment: 1170 Sq. ft., one story family potential utilities, off-site removal only. Indian Springs Co: Clark NV 89018– housing, easement restrictions, potential Landholding Agency: Air Force utilities, off-site removal only. Bldg. 3028 Property Number: 189120060 Nellis Air Force Base Status: Unutilized Bldg. 352 Indian Springs AF Aux. Field Nellis Air Force Base Comment: 120 Sq. ft., one story, most recent Indian Springs Co: Clark NV 89018– Indian Springs AF Aux. Field use—storage, easement restrictions, Landholding Agency: Air Force Indian Springs Co: Clark NV 89018– potential utilities, off-site removal only. Property Number: 189120053 Landholding Agency: Air Force Bldg. 3036 Status: Unutilized Property Number: 189120046 Nellis Air Force Base Comment: 60 Sq. ft., one story, most recent Status: Unutilized Indian Springs AF Aux. Field use—storage, easement restrictions, Comment: 1170 Sq. ft., one story family Indian Springs Co: Clark NV 89018– potential utilities, off-site removal only. housing, easement restrictions, potential Landholding Agency: Air Force utilities, off-site removal only. Bldg. 3029 Property Number: 189120061 Nellis Air Force Base Bldg. 353 Status: Unutilized Nellis Air Force Base Indian Springs AF Aux. Field Comment: 120 Sq. ft., one story, most recent Indian Springs AF Aux. Field Indian Springs Co: Clark NV 89018– use—storage, easement restrictions, Indian Springs Co: Clark NV 89018– Landholding Agency: Air Force potential utilities, off-site removal only. Landholding Agency: Air Force Property Number: 189120054 Bldg. 3037 Property Number: 189120047 Status: Unutilized Nellis Air Force Base Status: Unutilized Comment: 120 Sq. ft., one story, most recent Indian Springs AF Aux. Field Comment: 1170 Sq. ft., one story family use—storage, easement restrictions, Indian Springs Co: Clark NV 89018– housing, easement restrictions, potential potential utilities, off-site removal only. Landholding Agency: Air Force utilities, off-site removal only. Bldg. 3030 Property Number: 189120062 Bldg. 400 Nellis Air Force Base Status: Unutilized Nellis Air Force Base Indian Springs AF Aux. Field Comment: 120 Sq. ft., one story, most recent use—storage, easement restrictions, Indian Springs AF Aux. Field Indian Springs Co: Clark NV 89018– potential utilities, off-site removal only. Indian Springs Co: Clark NV 89018– Landholding Agency: Air Force Landholding Agency: Air Force Property Number: 189120055 Bldg. 3038 Property Number: 189120048 Status: Unutilized Nellis Air Force Base Status: Unutilized Comment: 120 Sq. ft., one story, most recent Indian Springs AF Aux. Field Comment: 2464 Sq. ft., one story, most recent use—storage, easement restrictions, Indian Springs Co: Clark NV 89018– use—maintenance shop, easement potential utilities, off-site removal only. Landholding Agency: Air Force restrictions, potential utilities, off-site Bldg. 3031 Property Number: 189120063 removal only. Nellis Air Force Base Status: Unutilized Comment: 120 Sq. ft., one story, most recent Bldg. 402 Indian Springs AF Aux. Field Indian Springs Co: Clark NV 89018– use—storage, easement restrictions, Nellis Air Force Base potential utilities, off-site removal only. Indian Springs AF Aux. Field Landholding Agency: Air Force Indian Springs Co: Clark NV 89018– Property Number: 189120056 Bldg. 3039 Landholding Agency: Air Force Status: Unutilized Nellis Air Force Base Property Number: 189120049 Comment: 120 Sq. ft., one story, most recent Indian Springs AF Aux. Field Status: Unutilized use—storage, easement restrictions, Indian Springs Co: Clark NV 89018– Comment: 2570 Sq. ft., one story, most recent potential utilities, off-site removal only. Landholding Agency: Air Force Property Number: 189120064 use—Chapel, easement restrictions, Bldg. 3032 Status: Unutilized potential utilities, off-site removal only. Nellis Air Force Base Comment: 120 Sq. ft., one story, most recent Indian Springs AF Aux. Field Bldg. 404 use—storage, easement restrictions, Indian Springs Co: Clark NV 89018– Nellis Air Force Base potential utilities, off-site removal only. Indian Springs AF Aux. Field Landholding Agency: Air Force Indian Springs Co: Clark NV 89018– Property Number: 189120057 Bldg. 3040 Landholding Agency: Air Force Status: Unutilized Nellis Air Force Base Property Number: 189120050 Comment: 120 Sq. ft., one story, most recent Indian Springs AF Aux. Field Status: Unutilized use—storage, easement restrictions, Indian Springs Co: Clark NV 89018– Comment: 2376 Sq. ft., one story, most recent potential utilities, off-site removal only. Landholding Agency: Air Force use—religious education facility, easement Property Number: 189120065 Bldg. 3033 Status: Unutilized restrictions, potential utilities, off-site Nellis Air Force Base removal only. Comment: 120 Sq. ft., one story, most recent Indian Springs AF Aux. Field use—storage, easement restrictions, Bldg. 406 Indian Springs Co: Clark NV 89018– potential utilities, off-site removal only. Nellis Air Force Base Landholding Agency: Air Force Indian Springs AF Aux. Field Property Number: 189120058 New York Indian Springs Co: Clark NV 89018– Status: Unutilized Bldg. 1 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices 8125

Hancock Field Land (by State) Maxwell Air Force Base Syracuse Co: Onandaga NY 13211– Illinois Montgomery Co: Montgomery AL 36112– Landholding Agency: Air Force Landholding Agency: Air Force Property Number: 189530048 Libertyville Training Site Property Number: 189330065 Libertyville Co: Lake IL 60048– Status: Excess Status: Unutilized Landholding Agency: Navy Comment: 4955 sq. ft., 2 story concrete block, Reason: Secured Area. Property Number: 779010073 needs rehab, most recent use— Status: Excess Alaska administration. Comment: 114 acres; possible radiation Bldg. 2 hazard; existing FAA use license. Bldg. 203 Hancock Field Tin City Air Force Station Michigan Syracuse Co: Onandaga NY 13211– 21 CSG/DEER Landholding Agency: Air Force Marine Corps Reserve Center Elmendorf AFB Co: Anchorage AK 99506– Property Number: 189530049 3109 Collowingwood Parkway 5000 Status: Excess Flint MI 48502– Landholding Agency: Air Force Comment: 1476 sq. ft., 1 story concrete block, Landholding Agency: Navy Property Number: 189010296 needs rehab, most recent use—repair shop. Property Number: 779240019 Status: Unutilized Status: Excess Bldg. 6 Reason: Secured Area, Isolated area, Not Comment: 5 acres, previously had four bldgs. accessible by road, Contamination. Hancock Field on it. Syracuse Co: Onandaga NY 13211– Bldg. 165 Landholding Agency: Air Force New York Sparrevohn Air Force Station Property Number: 189530050 14.90 Acres 21 CSG/DEER Status: Excess Hancock Field Elmendorf AFB Co: Anchorage AK 99506– Comment: 2466 sq. ft., 1 story concrete block, Syracus Co: Onandaga NY 13211– 5000 needs rehab, most recent use—repair shop. Landholding Agency: Air Force Landholding Agency: Air Force Property Number: 189010298 Bldg. 11 Property Number: 189530057 Status: Unutilized Hancock Field Status: Excess Reason: Secured Area, Isolated area, Not Syracuse Co: Onandaga NY 13211– Comment: Fenced in compound, most recent accessible by road, Contamination. Landholding Agency: Air Force use—Air Natl. Guard Communication & Property Number: 189530051 Electronics Group. Bldg. 150 Sparrevohn Air Force Station Status: Excess Unsuitable Properties Comment: 1750 sq. ft., 1 story wood frame, 21 CSG/DEER needs rehab, most recent use—storage. Buildings (by State) Elmendorf AFB Co: Anchorage AK 99506– 5000 Alabama Bldg. 8 Landholding Agency: Air Force Hancock Field Bldg. 1435 Property Number: 189010299 Syracuse Co: Onandaga NY 13211– Maxwell Air Force Base Status: Unutilized Landholding Agency: Air Force Mimosa Road Reason: Secured Area, Isolated area, Not Property Number: 189530052 Montgomery Co: Montgomery AL 36112– accessible by road, Contamination. Status: Excess Landholding Agency: Air Force Comment: 1812 sq. ft., 1 story concrete block, Bldg. 130 Property Number: 189030220 Sparrevohn Air Force Base needs rehab, most recent use—repair shop Status: Unutilized communications. 21 CSG/DEER Comment: Floodway, Secured Area. Elmendorf AFB Co: Anchorage AK 99506– Bldg. 14 Education Center 5000 Hancock Field Maxwell Air Force Base Landholding Agency: Air Force Syracuse Co: Onandaga NY 13211– Montgomery Co: Montgomery AL 36112– Property Number: 189010300 Landholding Agency: Air Force Landholding Agency: Air Force Status: Unutilized Property Number: 189530053 Property Number: 189320044 Reason: Secured Area, Isolated area, Not Status: Excess Status: Unutilized accessible by road, Contamination. Comment: 156 sq. ft., 1 story wood frame, Reason: Secured Area, Other Bldg. 306 most recent use—vehicle fuel station. Comment: Extensive Deterioration. King Salmon Airport Bldg. 30 Admin. Office 21 CSG/DEER Hancock Field Maxwell Air Force Base Elmendorf AFB Co: Anchorage AK 99506– Syracuse Co: Onandaga NY 13211– Montgomery Co: Montgomery AL 36112– 5000 Landholding Agency: Air Force Landholding Agency: Air Force Landholding Agency: Air Force Property Number: 189530054 Property Number: 189320045 Property Number: 189010301 Status: Excess Status: Unutilized Status: Unutilized Comment: 3649 sq. ft., 1 story, needs rehab, Reason: Secured Area, Other Reason: Secured Area, Isolated area, Not most recent use—assembly hall. Comment: Extensive Deterioration. accessible by road, Contamination. Bldg. 31 Bldg. 402 Bldg. 11–230 Hancock Field Maxwell Air Force Base Elmendorf Air Force Base Syracuse Co: Onandaga NY 13211– Montgomery Co: Montgomery AL 36112– 21 CSG/DEER Landholding Agency: Air Force Landholding Agency: Air Force Elmendorf AFB Co: Anchorage AK 99506– Property Number: 189530055 Property Number: 189330049 5000 Status: Excess Status: Unutilized Landholding Agency: Air Force Comment: 8252 sq. ft., one story concrete Reason: Secured Area. Property Number: 189010303 block, most recent use—storage. Bldg. 864 Status: Unutilized Bldg. 32 Maxwell Air Force Base Reason: Secured Area, Contamination. Hancock Field Montgomery Co: Montgomery AL 36112– Bldg. 21–116 Syracuse Co: Onandaga NY 13211– Landholding Agency: Air Force Elmendorf Air Force Base Landholding Agency: Air Force Property Number: 189330064 21 CSG/DEER Property Number: 189530056 Status: Unutilized Elmendorf AFB Co: Anchorage AK 99506– Status: Excess Reason: Extensive deterioration, Secured 5000 Comment: 8252 sq. ft., one story concrete Area. Landholding Agency: Air Force block, most recent use—storage. Bldg. 875 Property Number: 189010304 8126 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices

Status: Unutilized Landholding Agency: Air Force Bldg. 150 Reason: Secured Area, Contamination. Property Number: 189010314 Cape Lisburne Air Force Station Bldg. 63–320 Status: Unutilized 21 CSG/DEER Elmendorf Air Force Base Reason: Secured Area; Isolated area; Not Elmendorf AFB Co: Anchorage AK 99506– 21 CSG/DEER accessible by road; Contamination. 5000 Elmendorf AFB Co: Anchorage AK 99506– Bldg. 118 Landholding Agency: Air Force 5000 Ft. Yukon Air Force Station Property Number: 189010323 Landholding Agency: Air Force 21 CSG/DEER Status: Unutilized Property Number: 189010307 Elmendorf AFB Co: Anchorage AK 99506– Reason: Secured Area, Isolated area, Not Status: Unutilized 5000 accessible by road, Contamination. Reason: Secured Area, Contamination. Landholding Agency: Air Force Bldg. 152 Bldg. 63–325 Property Number: 189010315 Cape Lisburne Air Force Station Elmendorf Air Force Base Status: Unutilized 21 CSG/DEER 21 CSG/DEER Reason: Secured Area; Isolated area; Not Elmendorf AFB Co: Anchorage AK 99506– Elmendorf AFB Co: Anchorage AK 99506– accessible by road; Contamination. 5000 5000 Bldg. 1018 Landholding Agency: Air Force Landholding Agency: Air Force Ft. Yukon Air Force Station Property Number: 189010324 Property Number: 189010308 21 CSG/DEER Status: Unutilized Status: Unutilized Elmendorf AFB Co: Anchorage AK 99506– Reason: Secured Area, Isolated area, Not Reason: Secured Area; Contamination. 5000 accessible by road, Contamination. Bldg. 103 Landholding Agency: Air Force Bldg. 301 Ft. Yukon Air Force Station Property Number: 189010317 Cape Lisburne Air Force Station 21 CSG/DEER Status: Unutilized 21 CSG/DEER Elmendorf AFB Co: Anchorage AK 99506– Reason: Secured Area, Isolated area, Not Elmendorf AFB Co: Anchorage AK 99506– 5000 accessible by road, Contamination. 5000 Landholding Agency: Air Force Bldg. 1025 Landholding Agency: Air Force Property Number: 189010309 Ft. Yukon Air Force Station Property Number: 189010325 Status: Unutilized 21 CSG/DEER Status: Unutilized Reason: Secured Area; Isolated area; Not Elmendorf AFB Co: Anchorage AK 99506– Reason: Secured Area, Isolated area, Not accessible by road; Contamination. 5000 accessible by road, Contamination. Bldg. 110 Landholding Agency: Air Force Bldg. 1001 Ft. Yukon Air Force Station Property Number: 189010318 Cape Lisburne Air Force Station 21 CSG/DEER Status: Unutilized 21 CSG/DEER Elmendorf AFB Co: Anchorage AK 99506– Reason: Secured Area, Isolated area, Not Elmendorf AFB Co: Anchorage AK 99506– 5000 accessible by road, Contamination. 5000 Landholding Agency: Air Force Bldg. 1055 Landholding Agency: Air Force Property Number: 189010310 Ft. Yukon Air Force Station Property Number: 189010326 Status: Unutilized 21 CSG/DEER Status: Unutilized Reason: Secured Area, Isolated area; Not Elmendorf AFB Co: Anchorage AK 99506– Reason: Secured Area, Isolated area, Not accessible by road, Contamination. 5000 accessible by road, Contamination. Bldg. 112 Landholding Agency: Air Force Bldg. 1003 Ft. Yukon Air Force Station Property Number: 189010319 Cape Lisburne Air Force Station 21 CSG/DEER Status: Unutilized 21 CSG/DEER Elmendorf AFB Co: Anchorage AK 99506– Reason: Secured Area, Isolated area, Not Elmendorf AFB Co: Anchorage AK 99506– 5000 accessible by road, Contamination. 5000 Landholding Agency: Air Force Bldg. 107 Landholding Agency: Air Force Property Number: 189010311 Cape Lisburne Air Force Station Property Number: 189010327 Status: Unutilized 21 CSG/DEER Status: Unutilized Reason: Secured Area, Isolated area; Not Elmendorf AFB Co: Anchorage AK 99506– Reason: Secured Area, Isolated area, Not accessible by road; Contamination. 5000 accessible by road, Contamination. Bldg. 113 Landholding Agency: Air Force Bldg. 1055 Ft. Yukon Air Force Station Property Number: 189010320 Cape Lisburne Air Force Station 21 CSG/DEER Status: Unutilized 21 CSG/DEER Elmendorf AFB Co: Anchorage AK 99506– Reason: Secured Area, Isolated area, Not Elmendorf AFB Co: Anchorage AK 99506– 5000 accessible by road, Contamination. 5000 Landholding Agency: Air Force Bldg. 115 Landholding Agency: Air Force Property Number: 189010312 Cape Lisburne Air Force Station Property Number: 189010328 Status: Unutilized 21 CSG/DEER Status: Unutilized Reason: Secured Area; Isolated area; Not Elmendorf AFB Co: Anchorage AK 99506– Reason: Secured Area, Isolated area, Not accessible by road; Contamination. 5000 accessible by road, Contamination. Bldg. 114 Landholding Agency: Air Force Bldg. 1056 Ft. Yukon Air Force Station Property Number: 189010321 Cape Lisburne Air Force Station 21 CSG/DEER Status: Unutilized 21 CSG/DEER Elmendorf AFB Co: Anchorage AK 99506– Reason: Secured Area, Isolated area, Not Elmendorf AFB Co: Anchorage AK 99506– 5000 accessible by road, Contamination. 5000 Landholding Agency: Air Force Bldg. 113 Landholding Agency: Air Force Property Number: 189010313 Cape Lisburne Air Force Station Property Number: 189010329 Status: Unutilized 21 CSG/DEER Status: Unutilized Reason: Secured Area; Isolated area; Not Elmendorf AFB Co: Anchorage AK 99506– Reason: Secured Area, Isolated area, Not accessible by road; Contamination. 5000 accessible by road, Contamination. Bldg. 115 Landholding Agency: Air Force Bldg. 103 Ft. Yukon Air Force Station Property Number: 189010322 Kotzebue Air Force Station 21 CSG/DEER Status: Unutilized 21 CSG/DEER Elmendorf AFB Co: Anchorage AK 99506– Reason: Secured Area, Isolated area, Not Elmendorf AFB Co: Anchorage AK 99506– 5000 accessible by road, Contamination. 5000 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices 8127

Landholding Agency: Air Force Bldg. 1001 Bldg. 1844, Galena Airport Property Number: 189010330 Kotzebue Air Force Station Elmendorf AFB AK 99506–4420 Status: Unutilized 21 CSG/DEER Landholding Agency: Air Force Reason: Secured Area, Isolated area, Not Elmendorf AFB Co: Anchorage AK 99506– Property Number: 189420007 accessible by road, Contamination. 5000 Status: Unutilized Bldg. 104 Landholding Agency: Air Force Reason: Floodway, Secured Area, Extensive Kotzebue Air Force Station Property Number: 189010338 deterioration. 21 CSG/DEER Status: Unutilized Bldg. 1853, Galena Airport Elmendorf AFB Co: Anchorage AK 99506– Reason: Secured Area, Isolated area, Not Elmendorf AFB AK 99506–4420 5000 accessible by road, Contamination. Landholding Agency: Air Force Landholding Agency: Air Force Bldg. 1015 Property Number: 189440011 Property Number: 189010331 Kotzebue Air Force Station Status: Unutilized Status: Unutilized 21 CSG/DEER Reason: Secured Area, Floodway. Reason: Secured Area, Isolated area, Not Elmendorf AFB Co: Anchorage AK 99506– Bldg. 24–825 accessible by road, Contamination. 5000 Elmendorf Air Force Base Bldg. 105 Landholding Agency: Air Force Anchorage AK 99506–5000 Kotzebue Air Force Station Property Number: 189010339 Landholding Agency: Air Force 21 CSG/DEER Status: Unutilized Property Number: 189440012 Elmendorf AFB Co: Anchorage AK 99506– Reason: Secured Area, Isolated area, Not Status: Unutilized 5000 accessible by road, Contamination. Reason: Secured Area, Within airport runway Landholding Agency: Air Force Bldg. 50 clear zone. Property Number: 189010332 Cold Bay Air Force Station Bldg. 24–820 Status: Unutilized 21 CSG/DEER Elmendorf Air Force Base Reason: Secured Area, Isolated area, Not Elmendorf AFB Co: Anchorage AK 99506– Anchorage AK 99506–5000 accessible by road, Contamination. 5000 Landholding Agency: Air Force Bldg. 110 Landholding Agency: Air Force Property Number: 189440013 Kotzebue Air Force Station Property Number: 189010433 Status: Unutilized 21 CSG/DEER Status: Unutilized Reason: Secured Area, Within airport runway Elmendorf AFB Co: Anchorage AK 99506– Reason: Other, Isolated area, Not accessible clear zone. 5000 by road Bldg. 21–878 Landholding Agency: Air Force Comment: Isolated and remote; Arctic Elmendorf Air Force Base Property Number: 189010333 environment. Anchorage AK 99506–5000 Status: Unutilized Bldg. 1548, Galena Airport Landholding Agency: Air Force Reason: Secured Area, Isolated area, Not Elmendorf AFB AK 99506–4420 Property Number: 189440014 accessible by road, Contamination. Landholding Agency: Air Force Status: Unutilized Bldg. 114 Property Number: 189420001 Reason: Secured Area; Extensive Kotzebue Air Force Station Status: Unutilized deterioration. 21 CSG/DEER Reason: Floodway, Secured Area, Extensive Bldg. 10–480 Elmendorf AFB Co: Anchorage AK 99506– deterioration. Elmendorf Air Force Base 5000 Bldg. 1568, Galena Airport Anchorage AK 99506–5000 Landholding Agency: Air Force Elmendorf AFB AK 99506–4420 Landholding Agency: Air Force Property Number: 189010334 Landholding Agency: Air Force Property Number: 189440015 Status: Unutilized Property Number: 189420002 Status: Unutilized Reason: Secured Area, Isolated area, Not Status: Unutilized Reason: Secured Area; Extensive accessible by road, Contamination. Reason: Floodway, Secured Area, Extensive deterioration. Bldg. 202 deterioration. Bldg. 142 Kotzebue Air Force Station Bldg. 1570, Galena Airport Tin City Long Range Radar Site 21 CSG/DEER Elmendorf AFB AK 99506–4420 Wales Co: Nome AK Elmendorf AFB Co: Anchorage AK 99506– Landholding Agency: Air Force Landholding Agency: Air Force 5000 Landholding Agency: Air Force Property Number: 189420003 Property Number: 189520013 Property Number: 189010335 Status: Unutilized Status: Unutilized Status: Unutilized Reason: Floodway, Secured Area, Extensive Reason: Secured Area; Extensive Reason: Secured Area, Isolated area, Not deterioration. deterioration. accessible by road, Contamination. Bldg. 1700, Galena Airport Bldg. 110 Bldg. 204 Elmendorf AFB AK 99506–4420 Tin City Long Range Radar Site Kotzebue Air Force Station Landholding Agency: Air Force Wales Co: Nome AK 21 CSG/DEER Property Number: 189420004 Landholding Agency: Air Force Elmendorf AFB Co: Anchorage AK 99506– Status: Unutilized Property Number: 189520014 5000 Reason: Floodway, Secured Area, Extensive Status: Unutilized Landholding Agency: Air Force deterioration. Reason: Secured Area; Extensive Property Number: 189010336 Bldg. 1832, Galena Airport deterioration. Status: Unutilized Elmendorf AFB AK 99506–4420 Bldg. 646 Reason: Secured Area, Isolated area, Not Landholding Agency: Air Force King Salmon Airport accessible by road, Contamination. Property Number: 189420005 Naknek Co: Bristol Bay AK Bldg. 205 Status: Unutilized Landholding Agency: Air Force Kotzebue Air Force Station Reason: Floodway, Secured Area, Extensive Property Number: 189520015 21 CSG/DEER deterioration. Status: Unutilized Elmendorf AFB Co: Anchorage AK 99506– Bldg. 1842, Galena Airport Reason: Secured Area; Extensive 5000 Elmendorf AFB AK 99506–4420 deterioration. Landholding Agency: Air Force Landholding Agency: Air Force Bldg. 2541 Property Number: 189010337 Property Number: 189420006 Galena Airport Status: Unutilized Status: Unutilized Galena Co: Yukon AK Reason: Secured Area, Isolated area, Not Reason: Floodway, Secured Area, Extensive Landholding Agency: Air Force accessible by road, Contamination. deterioration. Property Number: 189520016 8128 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices

Status: Unutilized Bldg. 18 Elmendorf AFB AK 99506–4420 Reason: Secured Area; Extensive Lonely Dewline Site Landholding Agency: Air Force deterioration. Elmendorf AFB AK 99506–4420 Property Number: 18530012 Bldg. 1770 Landholding Agency: Air Force Status: Unutilized Galena Airport Property Number: 189530003 Reason: Secured Area, Extensive Galena Co: Yukon AK Status: Unutilized deterioration. Landholding Agency: Air Force Reason: Secured Area; Extensive Bldg. 8 Property Number: 189520017 deterioration. Barter Island Status: Unutilized Bldg. 23 Elmendorf AFB AK 99506–4420 Reason: Secured Area; Extensive Lonely Dewline Site Landholding Agency: Air Force deterioration. Elmendorf AFB AK 99506–4420 Property Number: 189530013 Bldg. 1 Landholding Agency: Air Force Status: Unutilized Lonely Dewline Site Property Number: 189530004 Reason: Secured Area, Extensive Fairbanks Co: Fairbanks NS AK Status: Unutilized deterioration. Landholding Agency: Air Force Reason: Secured Area; Extensive Bldg. 75 Property Number: 189520024 deterioration. Barter Island Status: Unutilized Bldg. 1015 Elmendorf AFB AK 99506–4420 Reason: Extensive deterioration. Kotzebue Long Range Radar Site Landholding Agency: Air Force Bldg. 2 Elmendorf AFB AK 99506–4420 Property Number: 189530014 Lonely Dewline Site Landholding Agency: Air Force Status: Unutilized Fairbanks Co: Fairbanks NS AK Property Number: 189530005 Reason: Secured Area, Extensive Landholding Agency: Air Force Status: Unutilized deterioration. Property Number: 189520025 Reason: Secured Area; Extensive Bldg. 86 Status: Unutilized deterioration. Barter Island Reason: Extensive deterioration; Not Bldg. 1 Elmendorf AFB AK 99506–4420 accessible by road. Flaxman Island DEW Site Landholding Agency: Air Force Bldg. 12 Elmendorf AFB AK 99506–4420 Property Number: 189530015 Lonely Dewline Site Landholding Agency: Air Force Status: Unutilized Fairbanks Co: Fairbanks NS AK Property Number: 189530006 Reason: Secured Area, Extensive Landholding Agency: Air Force Status: Unutilized deterioration. Property Number: 189520026 Reason: Secured Area; Extensive Bldg. 3060 Status: Unutilized deterioration. Barter Island Reason: Extensive deterioration; Not Bldg. 2 Elmendorf AFB AK 99506–4420 accessible by road. Flaxman Island DEW Site Landholding Agency: Air Force Bldg. 1 Elmendorf AFB AK 99506–4420 Property Number: 189530016 Wainwright Dewline Site Landholding Agency: Air Force Status: Unutilized Fairbanks Co: Fairbanks NS AK Property Number: 189530007 Reason: Secured Area, Extensive Landholding Agency: Air Force Status: Unutilized deterioration. Property Number: 189520027 Reason: Secured Area; Extensive Bldg. 11–330 Status: Unutilized deterioration. Elmendorf AFB AK 99506–4420 Reason: Extensive deterioration; Not Bldg. 3 Landholding Agency: Air Force accessible by road. Flaxman Island DEW Site Property Number: 189530017 Bldg. 2 Elmendorf AFB AK 99506–4420 Status: Unutilized Wainwright Dewline Site Landholding Agency: Air Force Reason: With airport runway clear zone, Fairbanks Co: Fairbanks NS AK Property Number: 189530008 Secured Area, Extensive deterioration. Landholding Agency: Air Force Status: Unutilized Bldg. 11–490 Property Number: 189520028 Reason: Secured Area, Extensive Elmendorf Air Force Base Status: Unutilized deterioration. Anchorage AK 99506–3240 Reason: Extensive deterioration; Not Bldg. 4100 Landholding Agency: Air Force accessible by road. Cape Romanzof Long Range Radar Site Property Number: 189530018 Bldg. 3 Elmendorf AFB AK 99506–4420 Status: Unutilized Wainwright Dewline Site Landholding Agency: Air Force Reason: Within airport runway clear zone, Fairbanks Co: Fairbanks NS AK Property Number: 18530009 Secured Area, Extensive deterioration. Landholding Agency: Air Force Status: Unutilized Bldg. 21–870 Property Number: 189520029 Reason: Secured Area, Extensive Elmendorf Air Force Base Status: Unutilized deterioration. Anchorage AK 99506–3240 Reason: Extensive deterioration; Not Bldg. 200 Landholding Agency: Air Force accessible by road. Cape Newenham Long Range Radar Site Property Number: 189530019 Bldg. 3024 Elmendorf AFB AK 99506–4420 Status: Unutilized Tatalina Long Range Radar Site Landholding Agency: Air Force Reason: Secured Area. Elmendorf AFB AK 99506–4420 Property Number: 18530010 Bldg. 22–010 Landholding Agency: Air Force Status: Unutilized Elmendorf Air Force Base Property Number: 189530001 Reason: Secured Area, Extensive Anchorage AK 99506–3240 Status: Unutilized deterioration. Landholding Agency: Air Force Reason: Secured Area; Extensive Bldg. 2166 Property Number: 189530020 deterioration. Cape Newenham Long Range Radar Site Status: Unutilized Bldg. 3045 Elmendorf AFB AK 99506–4420 Reason: Within 2000 ft. of flammable or Tatalina Long Range Radar Site Landholding Agency: Air Force explosive material, Secured Area, Elmendorf AFB AK 99506–4420 Property Number: 18530011 Extensive deterioration. Landholding Agency: Air Force Status: Unutilized Bldg. 24–811 Property Number: 189530002 Reason: Secured Area, Extensive Elmendorf Air Force Base Status: Unutilized deterioration. Anchorage AK 99506–3240 Reason: Secured Area; Extensive Bldg. 5500 Landholding Agency: Air Force deterioration. Cape Newenham Long Range Radar Site Property Number: 189530021 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices 8129

Status: Unutilized LORAN Station, Map Grid 09L11 Holbrook Co: Navajo AZ 86025– Reason: Within airport runway clear zone, Naval Air Station Landholding Agency: Air Force Secured Area, Extensive deterioration. Adak Co: Adak AK 98791– Property Number: 189340049 Bldg. 31–342 Landholding Agency: Navy Status: Unutilized Elmendorf Air Force Base Property Number: 779120006 Reason: Within airport runway clear zone. Anchorage AK 99506–3240 Status: Unutilized California Landholding Agency: Air Force Reason: Secured Area. Bldg. 4052 Property Number: 189530022 Bldg. 10196 March AFB Status: Unutilized Naval Security Group Activity Ice House in West March Reason: Secured Area, Extensive Adak Co: Adak AK 98791– Riverside Co: Riverside CA 92518– deterioration. Landholding Agency: Navy Landholding Agency: Air Force Property Number: 779310021 Bldg. 32–126 Property Number: 189010082 Status: Unutilized Elmendorf Air Force Base Status: Unutilized Reason: Secured Area. Anchorage AK 99506–3240 Reason: Within airport runway clear zone. Landholding Agency: Air Force Bldg. 10517 Bldg. 1182 60 ABG/DE Property Number: 189530023 Naval Security Group Activity Travis Air Force Base Status: Unutilized Adak Co: Adak AK 98791– Perimeter Road Reason: Within airport runway clear zone, Landholding Agency: Navy Travis AFB Co: Solano CA 94535–5496 Secured Area, Extensive deterioration. Property Number: 779310022 Landholding Agency: Air Force Status: Unutilized Bldg. 32–129 Property Number: 189010188 Reason: Secured Area. Elmendorf Air Force Base Status: Unutilized Anchorage AK 99506–3240 Bldg. 10518 Reason: Within airport runway clear zone, Landholding Agency: Air Force Naval Security Group Activity Secured Area. Adak Co: Adak AK 98791– Property Number: 189530024 Bldg. 152 60 ABG/DE Landholding Agency: Navy Status: Unutilized Travis Air Force Base Property Number: 779310023 Reason: Within airport runway clear zone, Broadway Street Status: Unutilized Secured Area, Extensive deterioration. Travis AFB Co: Solano CA 94535–5496 Reason: Secured Area. Bldg. 42–350 Landholding Agency: Air Force Elmendorf Air Force Base Bldg. 10535 Property Number: 189010190 Anchorage AK 99506–3240 Naval Security Group Activity Status: Unutilized Landholding Agency: Air Force Adak Co: Adak AK 98791– Reason: Within 2000 ft. of flammable or Property Number: 189530025 Landholding Agency: Navy explosive material, Secured Area. Property Number: 779310024 Status: Unutilized Bldg. 159 60 ABG/DE Status: Unutilized Reason: Within airport runway clear zone, Travis Air Force Base Reason: Secured Area. Secured Area, Extensive deterioration. Broadway Street Bldg. 44–775 Bldg. 10538 Travis AFB Co: Solano CA 94535–5496 Elmendorf Air Force Base Naval Security Group Activity Landholding Agency: Air Force Anchorage AK 99506–3240 Adak Co: Adak AK 98791– Property Number: 189010191 Landholding Agency: Air Force Landholding Agency: Navy Status: Unutilized Property Number: 189530026 Property Number: 779310025 Reason: Within 2000 ft. of flammable or Status: Unutilized Status: Unutilized explosive material, Secured Area. Reason: Secured Area. Reason: Within airport runway clear zone, Bldg. 384 60 ABG/DE Secured Area, Extensive deterioration. Bldg. 10539 Travis Air Force Base Bldg. 73–402 Naval Security Group Activity Hospital Drive Elmendorf Air Force Base Adak Co: Adak AK 98791– Travis AFB Co: Solano CA 94535–5496 Anchorage AK 99506–3240 Landholding Agency: Navy Landholding Agency: Air Force Landholding Agency: Air Force Property Number: 779310026 Property Number: 189010192 Property Number: 189530027 Status: Unutilized Status: Unutilized Status: Unutilized Reason: Secured Area. Reason: Within 2000 ft. of flammable or Reason: Within airport runway clear zone, Bldg. 10540 explosive material, Secured Area. Secured Area. Naval Security Group Activity Bldg. 707 63 ABG/DE Bldg. 73–403 Adak Co: Adak AK 98791– Norton Air Force Base Elmendorf Air Force Base Landholding Agency: Navy Norton Co: San Bernadino CA 92409–5045 Property Number: 779310027 Anchorage AK 99506–3240 Landholding Agency: Air Force Status: Unutilized Landholding Agency: Air Force Property Number: 189010193 Reason: Secured Area. Property Number: 189530028 Status: Excess Status: Unutilized Bldg. 10603 Reason: Within 2000 ft. of flammable or Reason: Within airport runway clear zone, Naval Security Group Activity explosive material, Secured Area. Adak Co: Adak AK 98791– Secured Area, Extensive deterioration. Bldg. 575 63 ABG/DE Landholding Agency: Navy Bldg. 21–737 Norton Air Force Base Property Number: 779310028 Elmendorf Air Force Base Norton Co: San Bernadino CA 92409–5045 Status: Unutilized Anchorage AK 99506–5000 Landholding Agency: Air Force Reason: Secured Area. Landholding Agency: Air Force Property Number: 189010195 Property Number: 189540001 Generator Bldg. Status: Excess Status: Unutilized Naval Security Group Activity Reason: Within 2000 ft. of flammable or Reason: Secured Area, Extensive Adak Island AK explosive material. deterioration. Landholding Agency: Navy Property Number: 779430017 Bldg. 502 63 ABG/DE Sand Shed, Map Grid 45024 Status: Unutilized Norton Air Force Base Naval Air Station Reason: Secured Area, Extensive Norton Co: San Bernadino CA 92409–5045 Adak Co: Adak AK 98791– deterioration. Landholding Agency: Air Force Landholding Agency: Navy Property Number: 189010196 Property Number: 779120004 Arizona Status: Excess Status: Unutilized Facility 90002 Reason: Within 2000 ft. of flammable or Reason: Secured Area. Holbrook Radar Site explosive material, Secured Area. 8130 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices

Bldg. 23 63 ABG/DE Location: Highway 1, Highway 246, Coast Landholding Agency: Air Force Norton Air Force Base Road, Pt Sal Road, Miguelito Cyn. Property Number: 189310014 Norton Co: San Bernadino CA 92409–5045 Landholding Agency: Air Force Status: Unutilized Landholding Agency: Air Force Property Number: 189010549 Reason: Secured Area. Property Number: 189010197 Status: Unutilized Bldg. 5428, Vandenberg AFB Status: Excess Reason: Secured Area. Vandenberg Co: Santa Barbara CA 93437– Reason: Within 2000 ft. of flammable or Bldg. 1823 Landholding Agency: Air Force explosive material, Secured Area. Vandenberg Air Force Base Property Number: 189310015 Bldg. 100 Vandenberg AFB Co: Santa Barbara CA Status: Unutilized Point Arena Air Force Station 93437– Reason: Secured Area. (See County) Co: Mendocino CA 95468–5000 Location: Highway 1, Highway 246, Coast Bldg. 5430, Vandenberg AFB Landholding Agency: Air Force Road, PT Sal Rd., Miguelito CYN Vandenberg Co: Santa Barbara CA 93437– Property Number: 189010233 Landholding Agency: Air Force Landholding Agency: Air Force Status: Unutilized Property Number: 189130360 Property Number: 189310016 Reason: Secured Area. Status: Excess Status: Unutilized Bldg. 101 Reason: Secured Area; Within 2000 ft. of Reason: Secured Area. Point Arena Air Force Station flammable or explosive material. Bldg. 5431, Vandenberg AFB (See County) Co: Mendocino CA 95468–5000 Bldg. 10312 Vandenberg Co: Santa Barbara CA 93437– Landholding Agency: Air Force Vandenberg Air Force Base Landholding Agency: Air Force Property Number: 189010234 Vandenberg AFB Co: Santa Barbara CA Property Number: 189310017 Status: Underutilized 93437– Status: Unutilized Reason: Secured Area. Landholding Agency: Air Force Reason: Secured Area. Bldg. 116 Property Number: 189210026 Bldg. 6407, Vandenberg AFB Point Arena Air Force Station Status: Unutilized Vandenberg Co: Santa Barbara CA 93437– (See County) Co: Mendocino CA 95468–5000 Reason: Secured Area. Landholding Agency: Air Force Landholding Agency: Air Force Bldg. 10503 Property Number: 189310024 Property Number: 189010235 Vandenberg Air Force Base Status: Unutilized Status: Unutilized Vandenberg AFB Co: Santa Barbara CA Reason: Secured Area. Reason: Secured Area. 93437– Bldg. 6425, Vandenberg AFB Bldg. 202 Landholding Agency: Air Force Vandenberg Co: Santa Barbara CA 93437– Point Arena Air Force Station Property Number: 189210028 Landholding Agency: Air Force (See County) Co: Mendocino CA 95468–5000 Status: Unutilized Property Number: 189310027 Landholding Agency: Air Force Reason: Secured Area. Status: Unutilized Property Number: 189010236 Bldg. 16104, Vandenberg AFB Reason: Secured Area. Status: Unutilized Vandenberg AFB Co: Santa Barbara CA Bldg. 6444, Vandenberg AFB Reason: Secured Area. 93437– Vandenberg Co: Santa Barbara CA 93437– Bldg. 201 Location: Highway 1, Highway 246, Coast Landholding Agency: Air Force Vandenberg Air Force Base Road, Pt Sal Rd., Miguelito Cyn Property Number: 189310028 Point Arguello Landholding Agency: Air Force Status: Unutilized Vandenberg AFB Co: Santa Barbara CA Property Number: 189230020 Reason: Secured Area. 93437– Status: Underutilized Bldg. 7304, Vandenberg AFB Location: Highway 1, Highway 246, Coast Reason: Secured Area. Vandenberg Co: Santa Barbara CA 93437– Road, Pt Sal Road, Miguelito Cyn. Bldg. 1791 Landholding Agency: Air Force Landholding Agency: Air Force Vandenberg Air Force Base Property Number: 189310030 Property Number: 189010546 Vandenberg AFB Co: Santa Barbara CA Status: Unutilized Status: Unutilized 93437– Reason: Secured Area. Reason: Secured Area. Location: Highway 1, Highway 246, Coast Bldg. 13010, Vandenberg AFB Bldg. 202 Road, PT Sal Road; Miguelito CYN Vandenberg Co: Santa Barbara CA 93437– Vandenberg Air Force Base Landholding Agency: Air Force Landholding Agency: Air Force Point Arguello Property Number: 189240044 Property Number: 189310036 Vandenberg AFB Co: Santa Barbara CA Status: Unutilized Status: Unutilized 93437– Reason: Secured Area. Reason: Secured Area. Location: Highway 1, Highway 246, Coast Bldg. 10721 Bldg. 5437 Road, Pt Sal Road, Miguelito Cyn. Vandenberg Air Force Base Vandenberg Air Force Base Landholding Agency: Air Force Vandenberg AFB Co: Santa Barbara CA Vandenberg AFB Co: Santa Barbara CA Property Number: 189010547 93437– 93437– Status: Unutilized Location: Highway 1, Highway 246, Coast Landholding Agency: Air Force Reason: Secured Area. Road, PT Sal Road; Miguelito CYN Property Number: 189330011 Bldg. 203 Landholding Agency: Air Force Status: Unutilized Vandenberg Air Force Base Property Number: 189240048 Reason: Secured Area. Point Arguello Status: Underutilized Bldg. 6206 Vandenberg AFB Co: Santa Barbara CA Reason: Secured Area. Vandenberg Air Force Base 93437– Bldg. 13028 Vandenberg AFB Co: Santa Barbara CA Location: Highway 1, Highway 246, Coast Vandenberg Air Force Base 93437– Road, Pt Sal Road, Miguelito Cyn. Vandenberg AFB Co: Santa Barbara CA Landholding Agency: Air Force Landholding Agency: Air Force 93437– Property Number: 189330013 Property Number: 189010548 Location: Hwy 1, Hwy 246; Coast Rd., PT Sal Status: Unutilized Status: Unutilized Road; Miguelito CYN Reason: Secured Area. Reason: Secured Area. Landholding Agency: Air Force Bldg. 8215 Bldg. 204 Property Number: 189240050 Vandenberg Air Force Base Vandenberg Air Force Base Status: Unutilized Vandenberg AFB Co: Santa Barbara CA Point Arguello Reason: Secured Area. 93437– Vandenberg AFB Co: Santa Barbara CA Bldg. 5427, Vandenberg AFB Landholding Agency: Air Force 93437– Vandenberg Co: Santa Barbara CA 93437– Property Number: 189330016 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices 8131

Status: Unutilized Status: Unutilized Bldg. 11190 Reason: Secured Area. Reason: Secured Area. Vandenberg Air Force Base Bldg. 8220 Bldg. 6418 Vandenberg AFB Co: Santa Barbara CA Vandenberg Air Force Base Vandenberg Air Force Base 93437– Vandenberg AFB Co: Santa Barbara CA Vandenberg AFB Co: Santa Barbara CA Landholding Agency: Air Force 93437– 93437– Property Number: 189340025 Landholding Agency: Air Force Landholding Agency: Air Force Status: Unutilized Property Number: 189330019 Property Number: 189340015 Reason: Secured Area. Status: Unutilized Status: Unutilized Bldg. 11308 Reason: Secured Area. Reason: Secured Area. Vandenberg Air Force Base Bldg. 9001 Bldg. 6429 Vandenberg AFB Co: Santa Barbara CA Vandenberg Air Force Base Vandenberg Air Force Base 93437– Vandenberg AFB Co: Santa Barbara CA Vandenberg AFB Co: Santa Barbara CA Landholding Agency: Air Force 93437– 93437– Property Number: 189340026 Landholding Agency: Air Force Landholding Agency: Air Force Status: Unutilized Property Number: 189330028 Property Number: 189340017 Reason: Secured Area. Status: Unutilized Status: Unutilized Bldg. 16164 Reason: Extensive deterioration; Secured Reason: Secured Area. Vandenberg Air Force Base Area. Bldg. 6441 Vandenberg AFB Co: Santa Barbara CA Bldg. 13025 Vandenberg Air Force Base 93437– Vandenberg Air Force Base Vandenberg AFB Co: Santa Barbara CA Landholding Agency: Air Force Vandenberg AFB Co: Santa Barbara CA 93437– Property Number: 189340028 93437– Landholding Agency: Air Force Status: Unutilized Landholding Agency: Air Force Property Number: 189340018 Reason: Secured Area. Property Number: 189330032 Status: Unutilized Bldg. 6521 Status: Unutilized Reason: Secured Area. Vandenberg Air Force Base Reason: Secured Area. Bldg. 6442 Vandenberg AFB Co: Santa Barbara CA Bldg. 1988 Vandenberg Air Force Base 93437– Vandenberg Air Force Base Vandenberg AFB Co: Santa Barbara CA Landholding Agency: Air Force Vandenberg AFB Co: Santa Barbara CA 93437– Property Number: 189410004 93437– Landholding Agency: Air Force Status: Unutilized Landholding Agency: Air Force Property Number: 189340019 Reason: Secured Area. Property Number: 189340003 Status: Unutilized Bldg. 13019 Status: Unutilized Reason: Secured Area. Vandenberg Air Force Base Reason: Other; Secured Area. Bldg. 6443 Vandenberg AFB Co: Santa Barbara CA Comment: Electrical Power Generator Bldg. Vandenberg Air Force Base 93437– Bldg. 1324 Vandenberg AFB Co: Santa Barbara CA Landholding Agency: Air Force Vandenberg Air Force Base 93437– Property Number: 189410005 Vandenberg AFB Co: Santa Barbara CA Landholding Agency: Air Force Status: Unutilized 93437– Property Number: 189340020 Reason: Secured Area. Landholding Agency: Air Force Status: Unutilized Bldg. 501 Property Number: 189340006 Reason: Secured Area. Vandenberg Air Force Base Status: Unutilized Bldg. 7301 Vandenberg AFB Co: Santa Barbara CA Reason: Secured Area. Vandenberg Air Force Base 93437– Bldg. 1341 Vandenberg AFB Co: Santa Barbara CA Landholding Agency: Air Force Vandenberg Air Force Base 93437– Property Number: 189420008 Vandenberg AFB Co: Santa Barbara CA Landholding Agency: Air Force Status: Unutilized 93437– Property Number: 189340021 Reason: Secured Area, Extensive Landholding Agency: Air Force Status: Unutilized deterioration. Property Number: 189340007 Reason: Secured Area. Bldg. 13020 Status: Unutilized Bldg. 7306 Vandenberg Air Force Base Reason: Secured Area. Vandenberg Air Force Base Vandenberg AFB Co: Santa Barbara CA Bldg. 1955 Vandenberg AFB Co: Santa Barbara CA 93437– Vandenberg Air Force Base 93437– Landholding Agency: Air Force Vandenberg AFB Co: Santa Barbara CA Landholding Agency: Air Force Property Number: 189420011 93437– Property Number: 189340022 Status: Unutilized Landholding Agency: Air Force Status: Unutilized Reason: Secured Area, Extensive Property Number: 189340008 Reason: Secured Area. deterioration. Status: Unutilized Bldg. 8309 Bldg. 1203 Reason: Secured Area. Vandenberg Air Force Base Vandenberg Air Force Base Bldg. 5007 Vandenberg AFB Co: Santa Barbara CA Vandenberg AFB Co: Santa Barbara CA Vandenberg Air Force Base 93437– 93437– Vandenberg AFB Co: Santa Barbara CA Landholding Agency: Air Force Landholding Agency: Air Force 93437– Property Number: 189340023 Property Number: 189440001 Landholding Agency: Air Force Status: Unutilized Status: Unutilized Property Number: 189340009 Reason: Secured Area. Reason: Secured Area. Status: Unutilized Bldg. 9310 Bldg. 1786 Reason: Secured Area. Vandenberg Air Force Base Vandenberg Air Force Base Bldg. 6008 Vandenberg AFB Co: Santa Barbara CA Vandenberg AFB Co: Santa Barbara CA Vandenberg Air Force Base 93437– 93437– Vandenberg AFB Co: Santa Barbara CA Landholding Agency: Air Force Landholding Agency: Air Force 93437– Property Number: 189340024 Property Number: 189440002 Landholding Agency: Air Force Status: Unutilized Status: Unutilized Property Number: 189340014 Reason: Secured Area. Reason: Secured Area. 8132 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices

Bldg. 11183 Reason: Secured Area; Extensive Bldg. 508 Vandenberg Air Force Base deterioration. Vandenberg Air Force Base Vandenberg AFB Co: Santa Barbara CA Bldg. 11559 Vandenberg AFB Co: Santa Barbara CA 93437– Vandenberg Air Force Base 93437– Landholding Agency: Air Force Vandenberg AFB Co: Santa Barbara CA Landholding Agency: Air Force Property Number: 189440005 93437– Property Number: 189530033 Status: Unutilized Landholding Agency: Air Force Status: Unutilized Reason: Secured Area. Property Number: 189520020 Reason: Secured Area; Extensive Bldg. 11219 Status: Excess deterioration. Vandenberg Air Force Base Reason: Secured Area; Extensive Bldg. 951 Vandenberg AFB Co: Santa Barbara CA deterioration. Vandenberg Air Force Base 93437– Bldg. 13002 Vandenberg AFB Co: Santa Barbara CA Landholding Agency: Air Force Vandenberg Air Force Base 93437– Property Number: 189440006 Vandenberg AFB Co: Santa Barbara CA Landholding Agency: Air Force Status: Unutilized 93437– Property Number: 189530034 Reason: Secured Area. Landholding Agency: Air Force Status: Unutilized Bldg. 11238 Property Number: 189520021 Reason: Secured Area; Extensive Vandenberg Air Force Base Status: Excess deterioration. Vandenberg AFB Co: Santa Barbara CA Reason: Secured Area; Extensive Bldg. 6011 93437– deterioration. Vandenberg Air Force Base Landholding Agency: Air Force Bldg. 13004 Vandenberg AFB Co: Santa Barbara CA Property Number: 189440007 Vandenberg Air Force Base 93437– Status: Unutilized Vandenberg AFB Co: Santa Barbara CA Landholding Agency: Air Force Reason: Secured Area. 93437– Property Number: 189530035 Bldg. 11511 Landholding Agency: Air Force Status: Unutilized Vandenberg Air Force Base Property Number: 189520022 Reason: Secured Area; Extensive Vandenberg AFB Co: Santa Barbara CA Status: Excess deterioration. 93437– Reason: Secured Area; Extensive Bldg. 6520 Landholding Agency: Air Force deterioration. Vandenberg Air Force Base Property Number: 189440008 Bldg. 16195 Vandenberg AFB Co: Santa Barbara CA Status: Unutilized Vandenberg Air Force Base 93437– Reason: Secured Area; Extensive Vandenberg AFB Co: Santa Barbara CA Landholding Agency: Air Force deterioration. 93437– Property Number: 189530036 Bldg. 13412 Landholding Agency: Air Force Status: Unutilized Vandenberg Air Force Base Property Number: 189520023 Reason: Secured Area; Extensive Vandenberg AFB Co: Santa Barbara CA Status: Excess deterioration. 93437– Reason: Secured Area; Extensive Bldg. 6606 Landholding Agency: Air Force deterioration. Vandenberg Air Force Base Property Number: 189440009 Bldg. 422 Vandenberg AFB Co: Santa Barbara CA Status: Unutilized Vandenberg Air Force Base 93437– Reason: Secured Area. Vandenberg AFB Co: Santa Barbara CA Landholding Agency: Air Force Bldg. 460 93437– Property Number: 189530037 Vandenburg Air Force Base Landholding Agency: Air Force Status: Unutilized Vandenburg AFB Co: Santa Barbara CA Property Number: 189530029 Reason: Secured Area; Extensive 93437– Status: Unutilized deterioration. Landholding Agency: Air Force Reason: Secured Area; Extensive Bldg. 7200 Property Number: 189510019 deterioration. Vandenberg Air Force Base Status: Unutilized Bldg. 431 Vandenberg AFB Co: Santa Barbara CA Reason: Secured Area; Extensive Vandenberg Air Force Base 93437– deterioration. Vandenberg AFB Co: Santa Barbara CA Landholding Agency: Air Force Bldg. 6348 93437– Property Number: 189530038 Vandenburg Air Force Base Landholding Agency: Air Force Status: Unutilized Vandenburg AFB Co: Santa Barbara CA Property Number: 189530030 Reason: Secured Area; Extensive 93437– Status: Unutilized deterioration. Landholding Agency: Air Force Reason: Secured Area; Extensive Bldg. 7307 Property Number: 189510020 deterioration. Vandenberg Air Force Base Status: Unutilized Bldg. 470 Vandenberg AFB Co: Santa Barbara CA Reason: Secured Area. Vandenberg Air Force Base 93437– Bldg. 908 Vandenberg AFB Co: Santa Barbara CA Landholding Agency: Air Force Vandenberg Air Force Base 93437– Property Number: 189530039 Vandenberg AFB Co: Santa Barbara CA Landholding Agency: Air Force Status: Unutilized 93437– Property Number: 189530031 Reason: Secured Area; Extensive Landholding Agency: Air Force Status: Unutilized deterioration. Property Number: 189520018 Reason: Secured Area; Extensive Bldg. 9351 Status: Excess deterioration. Vandenberg Air Force Base Reason: Other Bldg. 480 Vandenberg AFB Co: Santa Barbara CA Comment: Detached Latrine. Vandenberg Air Force Base 93437– Bldg. 11514 Vandenberg AFB Co: Santa Barbara CA Landholding Agency: Air Force Vandenberg Air Force Base 93437– Property Number: 189530040 Vandenberg AFB Co: Santa Barbara CA Landholding Agency: Air Force Status: Unutilized 93437– Property Number: 189530032 Reason: Secured Area; Extensive Landholding Agency: Air Force Status: Unutilized deterioration. Property Number: 189520019 Reason: Secured Area; Extensive Bldg. 10717 Status: Excess deterioration. Vandenberg Air Force Base Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices 8133

Vandenberg AFB Co: Santa Barbara CA Reason: Secured Area. Status: Excess 93437– Bldg. 31107 Reason: Secured Area. Landholding Agency: Air Force Naval Air Weapons Station Bldg. 00430 Property Number: 189530041 China Lake Co: San Bernardino CA 93555– Naval Air Weapons Station Status: Unutilized Landholding Agency: Navy China Lake Co: Kern CA 93555– Reason: Secured Area; Extensive Property Number: 779420001 Landholding Agency: Navy deterioration. Status: Unutilized Property Number: 779520008 Bldg. 10720 Reason: Secured Area. Status: Excess Vandenberg Air Force Base Bldg. 15951 Reason: Secured Area. Vandenberg AFB Co: Santa Barbara CA Naval Air Weapons Stations 5 Bldgs. 93437– China Lake Co: San Bernardino CA 93555– Naval Air Weapons Station Landholding Agency: Air Force 6001 China Lake Co: Kern CA 93555– Property Number: 189530042 Landholding Agency: Navy Location: Include: #’s 00360, 00415, 00419, Status: Unutilized Property Number: 779430006 00423, 00414 Reason: Secured Area; Extensive Status: Unutilized Landholding Agency: Navy deterioration. Reason: Secured Area; Extensive Property Number: 779520009 Bldg. 10722 deterioration; Within 2000 ft. of flammable Status: Excess Vandenberg Air Force Base or explosive material. Reason: Secured Area. Vandenberg AFB Co: Santa Barbara CA Bldg. 31539 5 Bldgs. 93437– Naval Air Weapons Station Naval Air Weapons Station Landholding Agency: Air Force China Lake Co: San Bernardino CA 93555– China Lake Co: Kern CA 93555– Property Number: 189530043 Landholding Agency: Navy Location: Include: #’s 00428, 00359, 00362, Status: Unutilized Property Number: 779430016 00369, 00409 Reason: Secured Area; Extensive Status: Unutilized Landholding Agency: Navy deterioration. Reason: Within 2000 ft. of flammable or Property Number: 779520010 Bldg. 13213 explosive material; Secured Area; Status: Excess Vandenberg Air Force Base Extensive deterioration. Reason: Secured Area. Vandenberg AFB Co: Santa Barbara CA Bldg. 00366 5 Bldgs. 93437– Naval Air Weapons Station Naval Air Weapons Station Landholding Agency: Air Force China Lake Co: Kern CA 93555– China Lake Co: Kern CA 93555– Property Number: 189530044 Landholding Agency: Navy Location: Include: #’s 00367, 00416, 00425, Status: Unutilized Property Number: 779520001 00365, 00368 Reason: Secured Area; Extensive Status: Excess Landholding Agency: Navy deterioration. Reason: Secured Area. Property Number: 779520011 Bldg. 13215 Bldg. 00405 Status: Excess Vandenberg Air Force Base Naval Air Weapons Station Reason: Secured Area. Vandenberg AFB Co: Santa Barbara CA China Lake Co: Kern CA 93555– 4 Bldgs. 93437– Landholding Agency: Navy Naval Air Weapons Station Landholding Agency: Air Force Property Number: 779520002 China Lake Co: Kern CA 93555– Property Number: 189530045 Status: Excess Location: Include: #’s 00370, 00371, 00385, Status: Unutilized Reason: Secured Area. 00404 Reason: Secured Area; Extensive Bldg. 00418 Landholding Agency: Navy deterioration. Naval Air Weapons Station Property Number: 779520012 Bldg. 105 China Lake Co: Kern CA 93555– Status: Excess Naval FPS, CVB Detachment Landholding Agency: Navy Reason: Secured Area. Monterey Co: Monterey CA 93940– Property Number: 779520003 4 Bldgs. Landholding Agency: Navy Status: Excess Naval Air Weapons Station Property Number: 779010159 Reason: Secured Area. China Lake Co: Kern CA 93555– Status: Unutilized Bldg. 00421 Location: Include: #’s 00412, 00433, 00434, Reason: Within 2000 ft. of flammable or Naval Air Weapons Station 00435 explosive material. China Lake Co: Kern CA 93555– Landholding Agency: Navy Bldg. 165 Landholding Agency: Navy Property Number: 779520013 Naval FPS, CVB Detachment Property Number: 779520004 Status: Excess Monterey Co: Monterey CA 93940– Status: Excess Reason: Secured Area. Landholding Agency: Navy Reason: Secured Area. Bldgs. 31030, 31031 & 31034 Property Number: 779010160 Bldg. 00426 Naval Air Weapons Station Status: Unutilized Naval Air Weapons Station China Lake Co: San Bernardino CA 93555– Reason: Within 2000 ft. of flammable or China Lake Co: Kern CA 93555– 6001 explosive material. Landholding Agency: Navy Landholding Agency: Navy Bldg. 146 Property Number: 779520005 Property Number: 779520015 Naval Facilities Point Sur Status: Excess Status: Excess CVB Detachment Reason: Secured Area. Reason: Secured Area; Within 2000 ft. of Monterey Co: Monterey CA 93940– Bldg. 00427 flammable or explosive material. Landholding Agency: Navy Naval Air Weapons Station Bldg. 481 Property Number: 779010268 China Lake Co: Kern CA 93555– Naval Air Weapons Station, China Lake Status: Unutilized Landholding Agency: Navy China Lake Co: Kern CA 93555– Reason: Other Property Number: 779520006 Landholding Agency: Navy Comment: Sewer treatment facility. Status: Excess Property Number: 779520018 Bldg. 31104 Reason: Secured Area. Status: Unutilized Naval Air Weapons Station Bldg. 00429 Reason: Secured Area. China Lake Co: San Bernardino CA 93555– Naval Air Weapons Station Bldg. 482 Landholding Agency: Navy China Lake Co: Kern CA 93555– Naval Air Weapons Station, China Lake Property Number: 779340003 Landholding Agency: Navy China Lake Co: Kern CA 93555– Status: Unutilized Property Number: 779520007 Landholding Agency: Navy 8134 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices

Property Number: 779520019 Naval Air Weapons Station, China Lake Property Number: 189330006 Status: Excess China Lake Co: Kern CA 93555– Status: Unutilized Reason: Secured Area. Landholding Agency: Navy Reason: Extensive deterioration; Secured Bldg. 356 Property Number: 779520030 Area. Naval Air Weapons Station, China Lake Status: Excess Bldg. 502 China Lake Co: Kern CA 93555– Reason: Secured Area. Buckley Air National Guard Base Landholding Agency: Navy Bldg. 424 Aurora Co: Arapahoe CO 80011–9599 Property Number: 779520020 Naval Air Weapons Station, China Lake Landholding Agency: Air Force Status: Excess China Lake Co: Kern CA 93555– Property Number: 189330007 Reason: Secured Area. Landholding Agency: Navy Status: Unutilized Bldg. 361 Property Number: 779520031 Reason: Extensive deterioration; Secured Naval Air Weapons Station, China Lake Status: Excess Area. China Lake Co: Kern CA 93555– Reason: Secured Area. Bldg. 32 Landholding Agency: Navy Bldg. 30735 Buckley Air National Guard Base Property Number: 779520021 Naval Air Weapons Center Aurora Co: Arapahoe CO 80011–9599 Status: Excess China Lake Co: Kern CA 93555– Landholding Agency: Air Force Reason: Secured Area. Landholding Agency: Navy Property Number: 189330008 Bldg. 364 Property Number: 779530029 Status: Unutilized Naval Air Weapons Station, China Lake Status: Excess Reason: Extensive deterioration; Secured China Lake Co: Kern CA 93555– Reason: Secured Area; Extensive Area. Landholding Agency: Navy deterioration. Bldg. 27 Property Number: 779520022 Bldg. 20186 Buckley Air National Guard Base Status: Excess Observation Tower, Naval Air Weapons Aurora Co: Arapahoe CO 80011–9599 Reason: Secured Area. Station Landholding Agency: Air Force Bldg. 373 China Lake Co: Kern CA 93555– Property Number: 189330009 Naval Air Weapons Station, China Lake Landholding Agency: Navy Status: Unutilized China Lake Co: Kern CA 93555– Property Number: 779540001 Reason: Extensive deterioration; Secured Landholding Agency: Navy Status: Excess Area. Property Number: 779520023 Reason: Extensive deterioration. Bldg. 23 Status: Excess Bldg. 120 Buckley Air National Guard Base Reason: Secured Area. Naval Air Weapons Station, Point Mugu Aurora Co: Arapahoe CO 80011–9599 Bldg. 407 San Nicholas Island Co: Ventura CA 97042– Landholding Agency: Air Force Naval Air Weapons Station, China Lake Landholding Agency: Navy Property Number: 189330010 China Lake Co: Kern CA 93555– Property Number: 779540002 Status: Unutilized Landholding Agency: Navy Status: Unutilized Reason: Extensive deterioration; Secured Property Number: 779520024 Reason: Secured Area; Extensive Area. Status: Excess deterioration. Bldg. 00910 Reason: Secured Area. Colorado ‘‘Blue Barn’’—Falcon Air Force Base Bldg. 413 Bldg. 712 Falcon CO: El Paso CO 80912– Naval Air Weapons Station, China Lake Buckley Air National Guard Base Landholding Agency: Air Force China Lake Co: Kern CA 93555– Aurora Co: Arapahoe CO 80011–9599 Property Number: 189530046 Landholding Agency: Navy Landholding Agency: Air Force Status: Underutilized Property Number: 779520025 Property Number: 189330002 Reason: Secured Area. Status: Excess Status: Unutilized Connecticut Reason: Secured Area. Reason: Extensive deterioration; Secured Naval Housing—7 Bldgs. Bldg. 366 Area. Naval Submarine Base Naval Air Weapons Station, China Lake Bldg. 518 New London Co: Groton CT China Lake Co: Kern CA 93555– Buckley Air National Guard Base Landholding Agency: Navy Landholding Agency: Navy Aurora Co: Arapahoe CO 80011–9599 Property Number: 779510001 Property Number: 779520026 Landholding Agency: Air Force Status: Unutilized Status: Unutilized Property Number: 189330003 Reason: Secured Area. Reason: Secured Area. Status: Unutilized Delaware Bldg. 432 Reason: Extensive deterioration; Secured Naval Air Weapons Station, China Lake Area. Bldg. 1304 (436 CSG) Dover Air Force Base China Lake Co: Kern CA 93555– Bldg. 505 Dover Co: Kent DE 19902–5065 Landholding Agency: Navy Buckley Air National Guard Base Landholding Agency: Air Force Property Number: 779520027 Aurora Co: Arapahoe CO 80011–9599 Property Number: 189140018 Status: Excess Landholding Agency: Air Force Status: Unutilized Reason: Secured Area. Property Number: 189330004 Reason: Secured Area; Within airport runway Bldg. 472 Status: Unutilized Naval Air Weapons Station, China Lake Reason: Extensive deterioration; Secured clear zone. China Lake Co: Kern CA 93555– Area. Florida Landholding Agency: Navy Bldg. 504 Bldg. 902 Property Number: 779520028 Buckley Air National Guard Base Tyndall Air Force Base Status: Excess Aurora Co: Arapahoe CO 80011–9599 Panama City Co: Bay FL 32403–5000 Reason: Secured Area. Landholding Agency: Air Force Landholding Agency: Air Force Bldg. 417 Property Number: 189330005 Property Number: 189130348 Naval Air Weapons Station, China Lake Status: Unutilized Status: Underutilized China Lake Co: Kern CA 93555– Reason: Extensive deterioration; Secured Reason: Secured Area. Landholding Agency: Navy Area. Bldg. 400 Property Number: 779520029 Bldg. 503 Patrick Air Force Base Status: Excess Buckley Air National Guard Base C Street bet. First & Second Streets Reason: Secured Area. Aurora Co: Arapahoe CO 80011–9599 Cocoa Beach Co: Brevard FL 32925– Bldg. 422 Landholding Agency: Air Force Landholding Agency: Air Force Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices 8135

Property Number: 189220001 Landholding Agency: Air Force Reason: Secured Area; Extensive Status: Underutilized Property Number: 189430003 deterioration. Reason: Secured Area. Status: Unutilized Bldg. 872 Bldg. 430 Reason: Secured Area. Eglin Air Force Base Patrick Air Force Base Bldg. 2613 Eglin AFB Co: Okaloosa FL 32542–5000 Third Street bet. B and C Streets Tyndall Air force Base Landholding Agency: Air Force Cocoa Beach Co: Brevard FL 32925– Panama City Co: Bay FL 32403– Property Number: 189540005 Landholding Agency: Air Force Landholding Agency: Air Force Status: Unutilized Property Number: 189220002 Property Number: 189430004 Reason: Secured Area; Extensive Status: Underutilized Status: Unutilized deterioration. Reason: Secured Area. Reason: Secured Area; Extensive Bldg. 30004 Bldg. 1176 deterioration. Eglin Air Force Base Patrick Air Force Base Bldg. 2625 Eglin AFB Co: Okaloosa FL 32542–5000 1176 School Avenue Co: Brevard FL 32935– Tyndall Air force Base Landholding Agency: Air Force Landholding Agency: Air Force Panama City Co: Bay FL 32403– Property Number: 189540006 Property Number: 189240029 Landholding Agency: Air Force Status: Unutilized Status: Underutilized Property Number: 189430005 Reason: Secured Area; Extensive Reason: Secured Area; Other Status: Unutilized deterioration. Comment: Extensive Deterioration. Reason: Secured Area; Extensive Bldg. 12513 Bldg. 1179 deterioration. Eglin Air Force Base Patrick Air Force Base Bldg. 2639 Eglin AFB Co: Okaloosa FL 32542–5000 1179 School Avenue Co: Brevard FL 32935– Tyndall Air force Base Landholding Agency: Air Force Landholding Agency: Air Force Panama City Co: Bay FL 32403– Property Number: 189540007 Property Number: 189240030 Landholding Agency: Air Force Status: Unutilized Status: Underutilized Property Number: 189430006 Reason: Secured Area; Extensive Reason: Secured Area; Other Status: Unutilized deterioration. Comment: Extensive Deterioration. Reason: Secured Area; Extensive East Martello Bunker #1 Bldg. 321 deterioration. Naval Air Station Patrick Air Force Base Co: Brevard FL 32925– Bldg. 2642 Key West Co: Monroe FL 33040– Landholding Agency: Air Force Tyndall Air Force Base Landholding Agency: Navy Property Number: 189320001 Panama City Co: Bay FL 32403– Property Number: 779010101 Status: Underutilized Landholding Agency: Air Force Status: Excess Reason: Secured Area; Within 2000 ft. of Property Number: 189430007 Reason: Within airport runway clear zone. flammable or explosive material; Other. Status: Unutilized Georgia Comment: Extensive Deterioration. Reason: Secured Area; Extensive Naval Submarine Base—Kings Bay Bldg. 510 deterioration. 1011 USS Daniel Boone Avenue Patrick Air Force Base Co: Brevard FL 32925– 23 Family Housing Kings Bay Co: Camden GA 31547– Landholding Agency: Air Force MacDill Auxiliary Airfield No. 1 Landholding Agency: Navy Property Number: 189320002 Avon Park Co: Polk FL 33825– Property Number: 779010107 Status: Underutilized Location: Include Bldgs: 448, 451 thru 470, Status: Unutilized Reason: Secured Area; Within 2000 ft. of 472 and 474 Reason: Secured Area. flammable or explosive material; Other Landholding Agency: Air Force Guam Comment: Extensive Deterioration. Property Number: 189520006 Bldg. 575 Status: Excess Bldg. 96 Patrick Air Force Base Co: Brevard FL 32925– Reason: Within airport runway clear zone. U.S. Naval Ship Repair Facility PSC 455 Co: Box 191, FPO AP GU 96540– Landholding Agency: Air Force Bldg. 240 1400 Property Number: 189320004 MacDill Auxiliary Airfield No. 1 Landholding Agency: Navy Status: Underutilized Avon Park Co: Polk FL 33825– Property Number: 779240018 Reason: Secured Area; Within 2000 ft. of Landholding Agency: Air Force Status: Unutilized flammable or explosive material; Within Property Number: 189520007 Reason: Extensive deterioration. airport runway clear zone; Other Status: Excess Bldg. 1720 Comment: Extensive Deterioration. Reason: Extensive deterioration. Marine Drive Bldg. 184, MacDill AFB Bldg. 243 Agana GU 96540–1000 MacDill AFB Co: Hillsbourgh FL 33608– Eglin Air Force Base Landholding Agency: Navy Landholding Agency: Air Force Eglin AFB Co: Okaloosa FL 32542–5000 Property Number: 779530008 Property Number: 189320100 Landholding Agency: Air Force Status: Excess Status: Unutilized Property Number: 189540002 Reason: Secured Area; Extensive Reason: Extensive deterioration. Status: Unutilized deterioration. Facility 90523 Reason: Secured Area; Extensive Bldg. 1986, Naval Activities Cape Canaveral AFS deterioration. Sierra Waterfront Center Cape Canaveral AFS Co: Brevard FL Bldg. 510 Agana GU 96540–1000 Landholding Agency: Air Force Eglin Air Force Base Landholding Agency: Navy Property Number: 189330001 Eglin AFB Co: Okaloosa FL 32542–5000 Property Number: 779530012 Status: Underutilized Landholding Agency: Air Force Status: Excess Reason: Secured Area. Property Number: 189540003 Reason: Secured Area; Extensive Bldg. 921 Status: Unutilized deterioration. Patrick Air Force Base Co: Brevard FL 32925– Reason: Secured Area; Extensive Bldg. 3113, Naval Activities Landholding Agency: Air Force deterioration. Corner of Tango/Uniform Wharves Property Number: 189430002 Bldg. 521 Agana GU 96540–1000 Status: Unutilized Eglin Air Force Base Landholding Agency: Navy Reason: Within 2000 ft. of flammable or Eglin AFB Co: Okaloosa FL 32542–5000 Property Number: 779530013 explosive material; Secured Area. Landholding Agency: Air Force Status: Excess Facility No. 01676V Property Number: 189540004 Reason: Secured Area; Extensive Cape Canaveral AFS Co: Brevard FL 32925– Status: Unutilized deterioration. 8136 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices

Bldg. 6002, Naval Activities Facility 5985 Property Number: 779510009 Wharf V–6 Naval Station Pearl Harbor Status: Unutilized Agana GU 96540–1000 Honolulu Co: Honolulu HI 96860– Reason: Extensive deterioration. Landholding Agency: Navy Landholding Agency: Navy Bldg. 15 Property Number: 779530014 Property Number: 779310086 Naval Magazine Lualualei Status: Excess Status: Excess Waipio Peninsula Co: Oahu HI Reason: Extensive deterioration. Reason: Extensive deterioration. Landholding Agency: Navy Hawaii Bldg. 6, Pearl Harbor Property Number: 779510010 Bldg. 126, Naval Magazine Richardson Recreational Area Status: Unutilized Waikele Branch Honolulu Co: Honolulu HI 96860– Reason: Extensive deterioration. Lualualei Co: Oahu HI 96792– Landholding Agency: Navy Bldg. 39 Landholding Agency: Navy Property Number: 779410003 Naval Magazine Lualualei Property Number: 779230012 Status: Unutilized Waipio Peninsula Co: Oahu HI Status: Unutilized Reason: Extensive deterioration. Landholding Agency: Navy Reason: Secured Area; Within 2000 ft. of Bldg. 10, Pearl Harbor Property Number: 779510011 flammable or explosive material; Other Richardson Recreational Area Status: Unutilized Comment: Extensive Deterioration. Honolulu Co: Honolulu HI 96860– Reason: Extensive deterioration. Bldg. Q75, Naval Magazine Landholding Agency: Navy Bldg. 40 Lualualei Branch Property Number: 779410004 Naval Magazine Lualualei Lualualei Co: Oahu HI 96792– Status: Unutilized Waipio Peninsula Co: Oahu HI Landholding Agency: Navy Reason: Extensive deterioration. Landholding Agency: Navy Property Number: 779230013 Bldg. 7 Property Number: 779510012 Status: Unutilized Naval Magazine Lualualei Status: Unutilized Reason: Secured Area; Other Waipio Peninsula Co: Oahu HI Reason: Extensive deterioration. Comment: Extensive Deterioration. Landholding Agency: Navy Bldg. 43 Bldg. 7, Naval Magazine Property Number: 779510002 Naval Magazine Lualualei Lualualei Branch Status: Unutilized Waipio Peninsula Co: Oahu HI Lualualei Co: Oahu HI 96792– Reason: Extensive deterioration. Landholding Agency: Navy Landholding Agency: Navy Bldg. 8 Property Number: 779510013 Property Number: 779230014 Naval Magazine Lualualei Status: Unutilized Status: Unutilized Waipio Peninsula Co: Oahu HI Reason: Extensive deterioration. Reason: Secured Area; Other Landholding Agency: Navy Bldg. 44 Comment: Extensive Deterioration. Property Number: 779510003 Naval Magazine Lualualei Facility 189, Naval Air Facil. Status: Unutilized Waipio Peninsula Co: Oahu HI Midway Island Reason: Extensive deterioration. Landholding Agency: Navy Pearl Harbor HI 96516– Bldg. 9 Property Number: 779510014 Landholding Agency: Navy Naval Magazine Lualualei Status: Unutilized Property Number: 779310045 Waipio Peninsula Co: Oahu HI Reason: Extensive deterioration. Status: Unutilized Landholding Agency: Navy Bldg. 45 Reason: Extensive deterioration; Secured Property Number: 779510004 Naval Magazine Lualualei Area. Status: Unutilized Waipio Peninsula Co: Oahu HI Facility 342, Naval Air Facil. Reason: Extensive deterioration. Landholding Agency: Navy Midway Island Bldg. 10 Property Number: 779510015 Pearl Harbor HI 96516– Naval Magazine Lualualei Status: Unutilized Landholding Agency: Navy Waipio Peninsula Co: Oahu HI Reason: Extensive deterioration. Property Number: 779310046 Landholding Agency: Navy Status: Unutilized Bldg. 46 Property Number: 779510005 Naval Magazine Lualualei Reason: Extensive deterioration; Secured Status: Unutilized Area. Waipio Peninsula Co: Oahu HI Reason: Extensive deterioration. Landholding Agency: Navy Facility 343, Naval Air Facil. Bldg. 11 Property Number: 779510016 Midway Island Naval Magazine Lualualei Status: Unutilized Pearl Harbor HI 96516– Waipio Peninsula Co: Oahu HI Reason: Extensive deterioration. Landholding Agency: Navy Landholding Agency: Navy Property Number: 779310047 Bldg. 101 Property Number: 779510006 Status: Unutilized Naval Magazine Lualualei Reason: Extensive deterioration; Secured Status: Unutilized Waipio Peninsula Co: Oahu HI Area. Reason: Extensive deterioration. Landholding Agency: Navy Facility S6194 Bldg. 12 Property Number: 779510017 Naval Air Facility Naval Magazine Lualualei Status: Unutilized Midway Island Waipio Peninsula Co: Oahu HI Reason: Extensive deterioration. Pearl Harbor HI 96516– Landholding Agency: Navy Bldg. 9 Landholding Agency: Navy Property Number: 779510007 Naval Public Works Center Property Number: 779310048 Status: Unutilized Kolekole Road Status: Unutilized Reason: Extensive deterioration. Lualualei Co: Honolulu HI 96782– Reason: Extensive deterioration; Secured Bldg. 13 Landholding Agency: Navy Area. Naval Magazine Lualualei Property Number: 779530009 Facility S7124 Waipio Peninsula Co: Oahu HI Status: Excess Naval Air Facility Landholding Agency: Navy Reason: Secured Area; Within 2000 ft. of Midway Island Property Number: 779510008 flammable or explosive material. Pearl Harbor HI 96516– Status: Unutilized Bldg. X5 Landholding Agency: Navy Reason: Extensive deterioration. Nanumea Road Property Number: 779310049 Bldg. 14 Pearl Harbor Co: Honolulu HI 96782– Status: Unutilized Naval Magazine Lualualei Landholding Agency: Navy Reason: Extensive deterioration; Secured Waipio Peninsula Co: Oahu HI Property Number: 779530010 Area. Landholding Agency: Navy Status: Excess Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices 8137

Reason: Secured Area. Scott AFB Co: St. Clair IL 62225–5001 Landholding Agency: Navy Bldg. SX30 Landholding Agency: Air Force Property Number: 779310041 Nanumea Road Property Number: 189010248 Status: Unutilized Pearl Harbor Co: Honolulu HI 96860– Status: Unutilized Reason: Secured Area. Landholding Agency: Navy Reason: Secured Area. Bldg. 232 Property Number: 779530011 Bldg. 503 Naval Training Center Status: Excess Scott Air Force Base Great Lakes Co: Lake IL Reason: Secured Area. Scott AFB Co: St. Clair IL 62225– Landholding Agency: Navy Bldg. 541, Ford Island Landholding Agency: Air Force Property Number: 779310042 Naval Station Property Number: 189010725 Status: Unutilized Pearl Harbor Co: Honolulu HI 96860– Status: Unutilized Reason: Secured Area. Landholding Agency: Navy Reason: Secured Area. Bldg. 233 Property Number: 779610015 Bldg. 869 Naval Training Center Status: Unutilized Scott Air Force Base Great Lakes Co: Lake IL Reason: Extensive deterioration. 375 CSG/DEER Landholding Agency: Navy Property Number: 779310043 Idaho Scott AFB Co: St. Clair IL 62225–5045 Landholding Agency: Air Force Status: Unutilized Bldg. 1012 Property Number: 189110087 Reason: Secured Area. Mountain Home Air Force Base Status: Unutilized Bldg. 234 7th Avenue (See County) Co: Elmore ID Reason: Secured Area. Naval Training Center 83648– Bldg. 865 Great Lakes Co: Lake IL Landholding Agency: Air Force Scott Air Force Base Landholding Agency: Navy Property Number: 189030004 Belleville Co: St. Clair IL 62225– Property Number: 779310044 Status: Excess Landholding Agency: Air Force Status: Unutilized Reason: Within 2000 ft. of flammable or Property Number: 189130347 Reason: Secured Area. explosive material. Status: Unutilized Iowa Bldg. 923 Reason: Secured Area. Bldg. 00273 Mountain Home Air Force Base Bldg. 928 Sioux Gateway Airport 7th Avenue (See County) Co: Elmore ID Naval Training Center Sioux Co: Woodbury IA 51110– 83648– Great Lakes Landholding Agency: Air Force Landholding Agency: Air Force Great Lakes Co: Lake IL 60088– Property Number: 189310008 Property Number: 189030005 Landholding Agency: Navy Status: Unutilized Status: Excess Property Number: 779010120 Reason: Secured Area. Reason: Within 2000 ft. of flammable or Status: Underutilized explosive material. Bldg. 00671 Reason: Secured Area. Sioux Gateway Airport Bldg. 604 Bldg. 28 Sioux Co: Woodbury IA 51110– Mountain Home Air Force Base Naval Training Center Landholding Agency: Air Force Pine Street (See County) Co: Elmore ID Great Lakes Property Number: 189310009 83648– Great Lakes Co: Lake IL 60088– Status: Unutilized Landholding Agency: Air Force Landholding Agency: Navy Reason: Other Property Number: 189030006 Property Number: 779010123 Comment: Fuel pump station. Status: Excess Status: Unutilized Bldg. 00736 Reason: Within 2000 ft. of flammable or Reason: Secured Area. explosive material. Sioux Gateway Airport Bldg. 25 Sioux Co: Woodbury IA 51110– Bldg. 229 Naval Training Center Landholding Agency: Air Force Mt. Home Air Force Base Great Lakes Property Number: 189310010 1st Avenue and A Street Great Lakes Co: Lake IL 60088– Status: Unutilized Mt. Home AFB Co: Elmore ID 83648– Landholding Agency: Navy Reason: Other Landholding Agency: Air Force Property Number: 779010126 Comment: Pump station. Property Number: 189040857 Status: Unutilized Kansas Status: Unutilized Reason: Secured Area. Bldg. 1407 Reason: Within 2000 ft. of flammable or South Wing—Building No. 62 McConnell Air Force Base explosive material; Within airport runway Great Lakes Co: Lake IL 60088–5000 Wichita Co: Sedgwick KS 67221– clear zone. Landholding Agency: Navy Bldg. 4403 Landholding Agency: Air Force Property Number: 779110001 Property Number: 189340029 Mountain Home Air Force Base Status: Underutilized Mountain Home Co: Elmore ID 83647– Status: Unutilized Reason: Secured Area. Reason: Within airport runway clear zone; Landholding Agency: Air Force Bldg. 235 Property Number: 189520008 Secured Area. Naval Training Center Bldg. 186 Status: Unutilized Great Lakes Co: Lake IL Reason: Extensive deterioration. McConnell Air Force Base Landholding Agency: Navy Wichita Co: Sedgwick KS 67221– Illinois Property Number: 779310039 Landholding Agency: Air Force Bldg. 3191 Status: Unutilized Property Number: 189340030 Scott Air Force Base Reason: Secured Area. Status: Unutilized East Drive 375/ABG/DE Bldg. 2B Reason: Extensive deterioration; Secured Scott AFB Co: St. Clair IL 62225–5001 Naval Training Center Area. Landholding Agency: Air Force Great Lakes Co: Lake IL Bldg. 187 Property Number: 189010247 Landholding Agency: Navy McConnell Air Force Base Status: Unutilized Property Number: 779310040 Wichita Co: Sedgwick KS 67221– Reason: Within airport runway clear zone; Status: Unutilized Landholding Agency: Air Force Secured Area. Reason: Secured Area. Property Number: 189340031 Bldg. 3670 Bldg. 90 Status: Unutilized Scott Air Force Base Naval Training Center Reason: Extensive deterioration; Secured East Drive 375 ABG/DE Great Lakes Co: Lake IL Area. 8138 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices

Louisiana 1005 C. Street Landholding Agency: Air Force Bldg. 3477 Selfridge Co: Macomb MI 48045– Property Number: 189010831 Barksdale Air Force Base Landholding Agency: Air Force Status: Excess Davis Avenue Property Number: 189010526 Reason: Other Barksdale AFB Co: Bossier LA 71110–5000 Status: Unutilized Comment: water well. Landholding Agency: Air Force Reason: Secured Area. Bldg. 100 (WATER WELL) Property Number: 189140015 Bldg. 1012 Calumet Air Force Station Status: Unutilized Selfridge Air National Guard Base Calument Co: Keweenaw MI 49913– Reason: Secured Area. 1012 A. Street Landholding Agency: Air Force Maine Selfridge Co: Macomb MI 48045– Property Number: 189010832 Landholding Agency: Air Force Status: Excess Bldg. 293, Naval Air Station Property Number: 189010527 Reason: Other Brunswick Co: Cumberland ME 04011– Status: Unutilized Comment: water well. Landholding Agency: Navy Reason: Secured Area. Bldg. 118 Property Number: 779240015 Bldg. 1041 Calumet Air Force Station Status: Excess Selfridge Air National Guard Base Calument Co: Keweenaw MI 49913– Reason: Secured Area. Selfridge Co: Macomb MI 48045– Landholding Agency: Air Force Bldg. 384 Landholding Agency: Air Force Property Number: 189010875 Naval Air Station Topsham Property Number: 189010528 Status: Excess Brunswick Co: Sagadahoc ME Status: Unutilized Reason: Other Landholding Agency: Navy Reason: Secured Area. Comment: Gasoline Station. Property Number: 779340001 Bldg. 1412 Bldg. 120 Status: Unutilized Calumet Air Force Station Reason: Extensive deterioration. Selfridge Air National Guard Base 1412 Castle Avenue Calument Co: Keweenaw MI 49913– Massachusetts Selfridge Co: Macomb MI 48045– Landholding Agency: Air Force Bldg. 1900 Landholding Agency: Air Force Property Number: 189010876 Westover Air Force Base Property Number: 189010529 Status: Excess Chicopee Co: Hampden MA 01022– Status: Unutilized Reason: Other Landholding Agency: Air Force Reason: Secured Area. Comment: Gasoline Station. Property Number: 189010438 Bldg. 1434 Bldg. 166 Status: Unutilized Selfridge Air National Guard Base Calumet Air Force Station Reason: Secured Area. 1434 Castle Avenue Calument Co: Keweenaw MI 49913– Bldg. 1833 Selfridge Co: Macomb MI 48045– Landholding Agency: Air Force Westover Air Force Base Landholding Agency: Air Force Property Number: 189010877 Chicopee Co: Hampden MA 01022–5000 Property Number: 189010530 Status: Excess Landholding Agency: Air Force Status: Unutilized Reason: Other Property Number: 189040002 Reason: Secured Area. Comment: Pump lift station. Status: Unutilized Bldg. 1688 Bldg. 168 Reason: Secured Area. Selfridge Air National Guard Base Calumet Air Force Station Michigan Selfridge Co: Macomb MI 48045– Calument Co: Keweenaw MI 49913– Landholding Agency: Air Force Bldg. 560 Location: Near South Perimeter Road, near Building 1694. Property Number: 189010878 Selfridge Air National Guard Base Status: Excess Selfridge Co: Macomb MI 48045– Landholding Agency: Air Force Property Number: 189010531 Reason: Other Location: North end of airfield Comment: Gasoline station. Landholding Agency: Air Force Status: Unutilized Property Number: 189010522 Reason: Secured Area. Bldg. 69 Status: Unutilized Bldg. 1689 Calumet Air Force Station Reason: Secured Area. Selfridge Air National Guard Base Calument Co: Keweenaw MI 49913– Landholding Agency: Air Force Bldg. 5658 Selfridge Co: Macomb MI 48045– Location: Near South Perimeter Road, near Property Number: 189010889 Selfridge Air National Guard Base Status: Excess Selfridge Co: Macomb MI 48045– Building 1694. Landholding Agency: Air Force Reason: Other Location: Near South Perimeter Road, near Comment: Sewer pump facility. Building 590. Property Number: 189010532 Landholding Agency: Air Force Status: Unutilized Bldg. 2 Property Number: 189010523 Reason: Secured Area. Calumet Air Force Station Status: Unutilized Bldg. 5670 Calument Co: Keweenaw MI 49913– Reason: Secured Area. Selfridge Air National Guard Base Landholding Agency: Air Force Selfridge Co: Macomb MI 48045– Property Number: 189010890 Bldg. 580 Status: Excess Selfridge Air National Guard Base Landholding Agency: Air Force Property Number: 189010533 Reason: Other Selfridge Co: Macomb MI 48045– Comment: Water pump station. Location: South end of airfield. Status: Unutilized Landholding Agency: Air Force Reason: Secured Area. Missouri Property Number: 189010524 Bldg. 71 Bldg. 42 Status: Unutilized Calumet Air Force Station Jefferson Barracks ANG Base Reason: Secured Area. Calument Co: Keweenaw MI 49913– 1 Grant Road, Missouri National Guard Bldg. 856 Landholding Agency: Air Force St. Louis Co: St. Louis MO 63125– Selfridge Air National Guard Base Property Number: 189010810 Landholding Agency: Air Force Selfridge Co: Macomb MI 48045– Status: Excess Property Number: 189010726 Landholding Agency: Air Force Reason: Other Status: Unutilized Property Number: 189010525 Comment: sewage treatment and disposal Reason: Secured Area. Status: Unutilized facility. Bldg. 45 Reason: Secured Area. Bldg. 99 (WATER WELL) Jefferson Barracks ANG Base Bldg. 1005 Calumet Air Force Station 1 Grant Road, Missouri National Guard Selfridge Air National Guard Base Calument Co: Keweenaw MI 49913– St. Louis Co: St. Louis MO 63125– Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices 8139

Landholding Agency: Air Force Property Number: 189510004 Status: Underutilized Property Number: 189010728 Status: Underutilized Reason: Secured Area. Status: Unutilized Reason: Within 2000 ft. of flammable or Bldg. 1309, Malstrom AFB Reason: Secured Area. explosive material. Malmstrom AFB Co: Cascade MT 59402– Bldg. 46 Bldg. 210 Landholding Agency: Air Force Jefferson Barracks ANG Base Malstrom Air Force Base Property Number: 189540015 1 Grant Road, Missouri National Guard Malstrom AFB Co: Cascade MT 59405– Status: Underutilized St. Louis Co: St. Louis MO 63125– Landholding Agency: Air Force Reason: Secured Area. Landholding Agency: Air Force Property Number: 189510005 Nebraska Property Number: 189010729 Status: Unutilized #3 Status: Unutilized Reason: Secured Area; Extensive Offutt Communications Annex— Reason: Secured Area. deterioration. Offutt Air Force Base Scribner Co: Dodge NE 68031– Bldg. 47 Bldg. 529 Landholding Agency: Air Force Jefferson Barracks ANG Base Malstrom Air Force Base Property Number: 189210006 1 Grant Road, Missouri National Guard Malstrom AFB Co: Cascade MT 59405– Status: Unutilized St. Louis Co: St. Louis MO 63125– Landholding Agency: Air Force Reason: Other. Landholding Agency: Air Force Property Number: 189510011 Comment: Former sewage lagoon. Property Number: 189010730 Status: Underutilized Status: Unutilized Reason: Secured Area; Within 2000 ft. of Bldg. 637 Reason: Secured Area. flammable or explosive material. Lincoln Municipal Airport 2301 West Adams Bldg. 61 Bldg. 625 Lincoln Co: Lancaster NE 68524– Jefferson Barracks ANG Base Malstrom Air Force Base Landholding Agency: Air Force 1 Grant Road, Missouri National Guard Malstrom AFB Co: Cascade MT 59405– Property Number: 189230021 St. Louis Co: St. Louis MO 63125– Landholding Agency: Air Force Status: Unutilized Landholding Agency: Air Force Property Number: 189510014 Reason: Extensive deterioration. Property Number: 189010731 Status: Unutilized Status: Unutilized Reason: Secured Area. Bldg. 639 Reason: Secured Area. Lincoln Municipal Airport Bldg. 780 2301 West Adams Montana Malstrom Air Force Base Lincoln Co: Lancaster, NE 68524– Bldg. 280 Malstrom AFB Co: Cascade MT 59402– Landholding Agency: Air Force Malmstrom AFB Landholding Agency: Air Force Property Number: 189230022 Flightline & Avenue G Property Number: 189520012 Status: Unutilized Malmstrom Co: Cascade MT 59402– Status: Unutilized Reason: Extensive deterioration. Reason: Secured Area. Landholding Agency: Air Force Bldg. 31 Property Number: 189010077 Bldg. 546, Malstrom AFB Offutt Air Force Base Status: Underutilized Malstrom AFB Co: Cascade MT 59402– Sac Boulevard Reason: Within 2000 ft. of flammable or Landholding Agency: Air Force Offutt Co: Sarpy NE 68113– explosive material; Within airport runway Property Number: 189540008 Landholding Agency: Air Force clear zone; Secured Area; Other Status: Underutilized Property Number: 189240007 environmental. Reason: Secured Area. Status: Unutilized Bldg. 440 Bldg. 548, Malstrom AFB Reason: Secured Area. Malmstrom Air Force Base Malstrom AFB Co: Cascade MT 59402– Bldg. 311 Great Falls Co: Cascade MT 59402–7525 Landholding Agency: Air Force Offutt Air Force Base Landholding Agency: Air Force Property Number: 189540009 Nelson Drive Property Number: 189430008 Status: Underutilized Offutt Co: Sarpy NE 68113– Status: Unutilized Reason: Secured Area. Landholding Agency: Air Force Reason: Extensive deterioration; Secured Bldg. 557, Malstrom AFB Property Number: 189240008 Area. Malstrom AFB Co: Cascade MT 59402– Status: Unutilized Bldg. 444 Landholding Agency: Air Force Reason: Secured Area. Malmstrom Air Force Base Property Number: 189540010 Bldg. 401 Great Falls Co: Cascade MT 59402–7525 Status: Underutilized Offutt Air Force Base Landholding Agency: Air Force Reason: Secured Area. Custer Drive Property Number: 189430009 Bldg. 666, Malstrom AFB Offutt Co: Sarpy NE 68113– Status: Unutilized Malstrom AFB Co: Cascade MT 59402– Landholding Agency: Air Force Reason: Secured Area; Extensive Landholding Agency: Air Force Property Number: 189240009 deterioration. Property Number: 189540011 Status: Unutilized Bldg. 464 Status: Underutilized Reason: Secured Area. Malmstrom Air Force Base Reason: Secured Area. Bldg. 416 Great Falls Co: Cascade MT 59402–7525 Bldg. 766, Malstrom AFB Offutt Air Force Base Landholding Agency: Air Force Malstrom AFB Co: Cascade MT 59402– Sherman Turnpike Property Number: 189430010 Landholding Agency: Air Force Offutt Co: Sarpy NE 68113– Status: Unutilized Property Number: 189540012 Landholding Agency: Air Force Reason: Secured Area. Status: Underutilized Property Number: 189240010 Bldg. 495 Reason: Secured Area. Status: Unutilized Malmstrom Air Force Base Bldg. 1189, Malstrom AFB Reason: Secured Area. Great Falls Co: Cascade MT 59402–7525 Malstrom AFB Co: Cascade MT 59402– Bldg. 417 Landholding Agency: Air Force Landholding Agency: Air Force Offutt Air Force Base Property Number: 189430011 Property Number: 189540013 Sherman Turnpike Status: Unutilized Status: Underutilized Offutt Co: Sarpy NE 68113– Reason: Secured Area. Reason: Secured Area. Landholding Agency: Air Force Bldg. 205 Bldg. 1308, Malstrom AFB Property Number: 189240011 Malstrom Air Force Base Malstrom AFB Co: Cascade MT 59402– Status: Unutilized Malstrom AFB Co: Cascade MT 59405– Landholding Agency: Air Force Reason: Secured Area. Landholding Agency: Air Force Property Number: 189540014 Bldg. 545 8140 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices

Offutt Air Force Base Status: Excess Comment: Contamination. Offutt Co: Sarpy NE 68113– Reason: Other Bldg. 529 Landholding Agency: Air Force Comment: Contamination. Hastings Family Housing Property Number: 189240012 Bldg. 512 Hastings Radar Bomb Scoring Site Status: Unutilized Hastings Family Housing Hastings Co: Adams NE 68901– Reason: Secured Area. Hastings Radar Bomb Scoring Site Landholding Agency: Air Force Bldg. 21 Hastings Co: Adams NE 68901– Property Number: 189320075 Hastings Radar Bomb Scoring Site Landholding Agency: Air Force Status: Excess Hastings Co: Adams NE 68901– Property Number: 189320067 Reason: Other Landholding Agency: Air Force Status: Excess Comment: Contamination. Property Number: 189320058 Reason: Other Bldg. 531 Status: Excess Comment: Contamination. Hastings Family Housing Reason: Other Comment: Generator. Bldg. 515 Hastings Radar Bomb Scoring Site Bldg. 4, Hastings Family Hsg. Hastings Family Housing Hastings Co: Adams NE 68901– Hastings Radar Bomb Scoring Site Hastings Radar Bomb Scoring Site Landholding Agency: Air Force Hastings Co: Adams NE 68901– Hastings Co: Adams NE 68901– Property Number: 189320076 Landholding Agency: Air Force Landholding Agency: Air Force Status: Excess Property Number: 189320059 Property Number: 189320068 Reason: Other Status: Excess Status: Excess Comment: Contamination. Reason: Other Comment: Contamination. Reason: Other Bldg. 533 Bldg. 500 Comment: Contamination. Hastings Family Housing Hastings Family Housing Bldg. 517 Hastings Radar Bomb Scoring Site Hastings Radar Bomb Scoring Site Hastings Family Housing Hastings Co: Adams NE 68901– Hastings Co: Adams NE 68901– Hastings Radar Bomb Scoring Site Landholding Agency: Air Force Landholding Agency: Air Force Hastings Co: Adams NE 68901– Property Number: 189320077 Property Number: 189320060 Landholding Agency: Air Force Status: Excess Status: Excess Property Number: 189320069 Reason: Other Reason: Other Comment: Contamination. Status: Excess Comment: Contamination. Bldg. 502 Reason: Other Bldg. 534 Hastings Family Housing Comment: Contamination. Hastings Family Housing Hastings Radar Bomb Scoring Site Bldg. 519 Hastings Radar Bomb Scoring Site Hastings Co: Adams NE 68901– Hastings Family Housing Hastings Co: Adams NE 68901– Landholding Agency: Air Force Hastings Radar Bomb Scoring Site Landholding Agency: Air Force Property Number: 189320061 Hastings Co: Adams NE 68901– Property Number: 189320078 Status: Excess Landholding Agency: Air Force Status: Excess Reason: Other Comment: Contamination. Property Number: 189320070 Reason: Other Bldg. 504 Status: Excess Comment: Contamination. Hastings Family Housing Reason: Other Bldg. 536 Hastings Radar Bomb Scoring Site Comment: Contamination. Hastings Family Housing Hastings Co: Adams NE 68901– Bldg. 521 Hastings Radar Bomb Scoring Site Landholding Agency: Air Force Hastings Family Housing Hastings Co: Adams NE 68901– Property Number: 189320062 Hastings Radar Bomb Scoring Site Landholding Agency: Air Force Status: Excess Hastings Co: Adams NE 68901– Property Number: 189320079 Reason: Other Comment: Contamination. Landholding Agency: Air Force Status: Excess Bldg. 506 Property Number: 189320071 Reason: Other Hastings Family Housing Status: Excess Comment: Contamination. Hastings Radar Bomb Scoring Site Reason: Other Bldg. 538 Hastings Co: Adams NE 68901– Comment: Contamination. Hastings Family Housing Landholding Agency: Air Force Bldg. 523 Hastings Radar Bomb Scoring Site Property Number: 189320063 Hastings Family Housing Hastings Co: Adams NE 68901– Status: Excess Hastings Radar Bomb Scoring Site Landholding Agency: Air Force Reason: Other Comment: Contamination. Hastings Co: Adams NE 68901– Property Number: 189320080 Bldg. 507 Landholding Agency: Air Force Status: Excess Hastings Family Housing Property Number: 189320072 Reason: Other Hastings Radar Bomb Scoring Site Status: Excess Comment: Contamination. Hastings Co: Adams NE 68901– Reason: Other Bldg. 541 Landholding Agency: Air Force Comment: Contamination. Hastings Family Housing Property Number: 189320064 Bldg. 525 Hastings Radar Bomb Scoring Site Status: Excess Hastings Family Housing Hastings Co: Adams NE 68901– Reason: Other Comment: Contamination. Hastings Radar Bomb Scoring Site Landholding Agency: Air Force Bldg. 509 Hastings Co: Adams NE 68901– Property Number: 189320081 Hastings Family Housing Landholding Agency: Air Force Status: Excess Hastings Radar Bomb Scoring Site Property Number: 189320073 Reason: Other Hastings Co: Adams NE 68901– Status: Excess Comment: Contamination. Landholding Agency: Air Force Reason: Other Bldg. 542 Property Number: 189320065 Comment: Contamination. Hastings Family Housing Status: Excess Bldg. 526 Hastings Radar Bomb Scoring Site Reason: Other Comment: Contamination. Hastings Family Housing Hastings Co: Adams NE 68901– Bldg. 511 Hastings Radar Bomb Scoring Site Landholding Agency: Air Force Hastings Family Housing Hastings Co: Adams NE 68901– Property Number: 189320082 Hastings Radar Bomb Scoring Site Landholding Agency: Air Force Status: Excess Hastings Co: Adams NE 68901– Property Number: 189320074 Reason: Other Landholding Agency: Air Force Status: Excess Comment: Contamination. Property Number: 189320066 Reason: Other Bldg. 544 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices 8141

Hastings Family Housing Hastings Co: Adams NE 68901– Bldg. 686 Hastings Radar Bomb Scoring Site Landholding Agency: Air Force Offutt Air Force Base Hastings Co: Adams NE 68901– Property Number: 189320091 Offutt Co: Sarpy NE 68113– Landholding Agency: Air Force Status: Excess Landholding Agency: Air Force Property Number: 189320083 Reason: Other Property Number: 189510021 Status: Excess Comment: Contamination. Status: Unutilized Reason: Other Bldg. 560 Reason: Secured Area. Comment: Contamination. Hastings Family Housing Bldg. 439 Bldg. 546 Hastings Radar Bomb Scoring Site Offutt Air Force Base Hastings Family Housing Hastings Co: Adams NE 68901– Offutt Co: Sarpy NE 68113– Hastings Radar Bomb Scoring Site Landholding Agency: Air Force Landholding Agency: Air Force Hastings Co: Adams NE 68901– Property Number: 189320092 Property Number: 189510022 Landholding Agency: Air Force Status: Excess Status: Unutilized Property Number: 189320084 Reason: Other Reason: Secured Area. Status: Excess Comment: Contamination. New Hampshire Reason: Other 27 Detached Garages Bldg. 101 Comment: Contamination. Hastings Family Housing New Boston Air Force Station Bldg. 549 Hastings Radar Bomb Scoring Site Amherst Co: Hillsborough NH 03031–1514 Hastings Family Housing Hastings Co: Adams NE 68901– Landholding Agency: Air Force Hastings Radar Bomb Scoring Site Landholding Agency: Air Force Property Number: 189320005 Hastings Co: Adams NE 68901– Property Number: 189320093 Status: Unutilized Landholding Agency: Air Force Status: Excess Reason: Within 2000 ft. of flammable or Property Number: 189320085 Reason: Other explosive material. Status: Excess Comment: Contamination. Bldg. 102 Reason: Other Bldg. 17 New Boston Air Force Station Comment: Contamination. Hastings Family Housing Amherst Co: Hillsborough NH 03031–1514 Bldg. 550 Hastings Radar Bomb Scoring Site Landholding Agency: Air Force Hastings Family Housing Hastings Co: Adams NE 68901– Property Number: 189320006 Hastings Radar Bomb Scoring Site Landholding Agency: Air Force Status: Unutilized Hastings Co: Adams NE 68901– Property Number: 189320094 Reason: Within 2000 ft. of flammable or Landholding Agency: Air Force Status: Excess explosive material. Property Number: 189320086 Reason: Other Bldg. 104 Status: Excess Comment: Contamination. New Boston Air Force Station Reason: Other Bldg. 16 Amherst Co: Hillsborough NH 03031–1514 Comment: Contamination. Hastings Radar Bomb Scoring Site Landholding Agency: Air Force Bldg. 552 Hastings Co: Adams NE 68901– Property Number: 1893200076 Hastings Family Housing Landholding Agency: Air Force Status: Unutilized Hastings Radar Bomb Scoring Site Property Number: 189320095 Reason: Within 2000 ft. of flammable or Hastings Co: Adams NE 68901– Status: Excess explosive material. Landholding Agency: Air Force Reason: Other Bldg. 116 Property Number: 189320087 Comment: Contamination. New Boston Air Station Status: Excess Bldg. 18 Amherst Co: Hillsborough NH 03031–1514 Reason: Other Hastings Radar Bomb Scoring Site Landholding Agency: Air Force Comment: Contamination. Hastings Co: Adams NE 68901– Property Number: 189540016 Bldg. 553 Landholding Agency: Air Force Status: Unutilized Hastings Family Housing Property Number: 189320096 Reason: Extensive deterioration.. Hastings Radar Bomb Scoring Site Status: Excess Hastings Co: Adams NE 68901– Reason: Other New Mexico Landholding Agency: Air Force Comment: Contamination. Bldg. 831 Property Number: 189320088 Bldg. 6 833 CSG/DEER Status: Excess Hastings Family Housing Holloman AFB Co: Otero NM 88330– Reason: Other Hastings Radar Bomb Scoring Site Landholding Agency: Air Force Comment: Contamination. Hastings Co: Adams NE 68901– Property Number: 189130333 Bldg. 555 Landholding Agency: Air Force Status: Unutilized Hastings Family Housing Property Number: 189320097 Reason: Secured Area. Hastings Radar Bomb Scoring Site Status: Excess Bldg. 21 Hastings Co: Adams NE 68901– Reason: Other Holloman Air Force Base Co: Otero NM Landholding Agency: Air Force Comment: Contamination. 88330– Property Number: 189320089 Bldg. 547 Landholding Agency: Air Force Status: Excess Hastings Family Housing Property Number: 189240032 Reason: Other Hastings Radar Bomb Scoring Site Status: Unutilized Comment: Contamination. Hastings Co: Adams NE 68901– Reason: Secured Area. Bldg. 557 Landholding Agency: Air Force Bldg. 80 Hastings Family Housing Property Number: 189320098 Holloman Air Force Base Co: Otero NM Hastings Radar Bomb Scoring Site Status: Excess 88330– Hastings Co: Adams NE 68901– Reason: Other Comment: Contamination. Landholding Agency: Air Force Landholding Agency: Air Force Bldg. 604 Property Number: 189240033 Property Number: 189320090 Hastings Family Housing Status: Unutilized Status: Excess Hastings Radar Bomb Scoring Site Reason: Secured Area. Reason: Other Hastings Co: Adams NE 68901– Bldg. 98 Comment: Contamination. Landholding Agency: Air Force Holloman Air Force Base Co: Otero NM Bldg. 558 Property Number: 189320099 88330– Hastings Family Housing Status: Excess Landholding Agency: Air Force Hastings Radar Bomb Scoring Site Reason: Other Comment: Contamination. Property Number: 189240034 8142 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices

Status: Unutilized Bldg. 134 Bldg. 599 Reason: Secured Area. Holloman Air Force Base Co: Otero NM Holloman Air Force Base Co: Otero NM Bldg. 324 88330– 88330– Holloman Air Force Base Co: Otero NM Landholding Agency: Air Force Landholding Agency: Air Force 88330– Property Number: 189430014 Property Number: 189510001 Landholding Agency: Air Force Status: Unutilized Status: Unutilized Property Number: 189240035 Reason: Secured Area. Reason: Secured Area. Status: Unutilized Bldg. 640 Bldg. 600 Reason: Secured Area. Holloman Air Force Base Co: Otero NM Holloman Air Force Base Co: Otero NM Bldg. 598 88330– 88330– Holloman Air Force Base Co: Otero NM Landholding Agency: Air Force Landholding Agency: Air Force 88330– Property Number: 189430015 Property Number: 189510002 Landholding Agency: Air Force Status: Unutilized Status: Unutilized Property Number: 189240036 Reason: Secured Area. Reason: Secured Area. Status: Unutilized Bldg. 703 Bldg. 599 Reason: Secured Area. Holloman Air Force Base Co: Otero NM Holloman AFB Co: Otero NM 88330– Bldg. 801 88330– Landholding Agency: Air Force Holloman Air Force Base Co: Otero NM Landholding Agency: Air Force Property Number: 189610007 88330– Property Number: 189430016 Status: Unutilized Landholding Agency: Air Force Status: Unutilized Reason: Secured Area. Property Number: 189240037 Reason: Within airport runway clear zone; Bldg. 600 Status: Unutilized Secured Area. Holloman AFB Co: Otero NM 88330– Reason: Secured Area. Bldg. 813 Landholding Agency: Air Force Bldg. 802 Holloman Air Force Base Co: Otero NM Property Number: 189610008 Holloman Air Force Base Co: Otero NM 88330– Status: Unutilized 88330– Landholding Agency: Air Force Reason: Secured Area. Landholding Agency: Air Force Property Number: 189430017 Bldg. 995 Property Number: 189240038 Status: Unutilized Holloman AFB Co: Otero NM 88330– Status: Unutilized Reason: Secured Area. Landholding Agency: Air Force Reason: Secured Area. Bldg. 821 Property Number: 189610009 Bldg. 1095 Holloman Air Force Base Co: Otero NM Status: Unutilized Holloman Air Force Base Co: Otero NM 88330– Reason: Secured Area. 88330– Landholding Agency: Air Force New York Property Number: 189430018 Landholding Agency: Air Force Bldg. 626 (Pin: RVKQ) Property Number: 189240039 Status: Unutilized Niagara Falls International Airport Status: Unutilized Reason: Secured Area. 914th Tactical Airlift Group Reason: Secured Area. Bldg. 829 Niagara Falls Co: Niagara NY 14303–5000 Bldg. 1096 Holloman Air Force Base Co: Otero NM Landholding Agency: Air Force Holloman Air Force Base Co: Otero NM 88330– Property Number: 189010075 88330– Landholding Agency: Air Force Status: Unutilized Landholding Agency: Air Force Property Number: 189430019 Reason: Within 2000 ft. of flammable or Property Number: 189240040 Status: Unutilized explosive material; Secured Area. Status: Unutilized Reason: Within airport runway clear zone; Bldg. 272 Reason: Secured Area. Secured Area. Griffiss Air Force Base Facility 321 Bldg. 867 Rome Co: Oneida NY 13441– Holloman Air Force Base Co: Otero NM Holloman Air Force Base Co: Otero NM Landholding Agency: Air Force 88330– 88330– Property Number: 189140022 Landholding Agency: Air Force Landholding Agency: Air Force Status: Excess Property Number: 189240041 Property Number: 189430020 Reason: Secured Area. Status: Unutilized Status: Unutilized Bldg. 888 Reason: Secured Area. Reason: Secured Area. Griffiss Air Force Base Facility 75115 Bldg. 884 Rome Co: Oneida NY 13441– Holloman Air Force Base Co: Otero NM Holloman Air Force Base Co: Otero NM Landholding Agency: Air Force 88330– 88330– Property Number: 189140023 Landholding Agency: Air Force Landholding Agency: Air Force Status: Excess Property Number: 189240042 Property Number: 189430021 Reason: Secured Area. Status: Unutilized Status: Unutilized Facility 814, Griffiss AFB Reason: Secured Area. Reason: Within airport runway clear zone; NE of Weapons Storage Area Bldg. 874 Secured Area. Rome Co: Oneida NY 13441– Holloman Air Force Base Co: Otero NM Bldg. 886 Landholding Agency: Air Force 88330– Holloman Air Force Base Co: Otero NM Property Number: 189230001 Landholding Agency: Air Force 88330– Status: Excess Property Number: 189320041 Landholding Agency: Air Force Reason: Within airport runway clear zone; Status: Unutilized Property Number: 189430022 Secured Area. Reason: Secured Area; Other Status: Unutilized Facility 808, Griffiss AFB Comment: Extensive Deterioration. Reason: Within airport runway clear zone; Perimeter Road Bldg. 1258 Secured Area. Rome Co: Oneida NY 13441– Holloman Air Force Base Co: Otero NM Bldg. 908 Landholding Agency: Air Force 88330– Holloman Air Force Base Co: Otero NM Property Number: 189230002 Landholding Agency: Air Force 88330– Status: Excess Property Number: 189320042 Landholding Agency: Air Force Reason: Within airport runway clear zone; Status: Unutilized Property Number: 189430023 Secured Area. Reason: Secured Area; Other Status: Unutilized Facility 807, Griffiss AFB Comment: Extensive Deterioration. Reason: Secured Area. Perimeter Road Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices 8143

Rome Co: Oneida NY 13441– Landholding Agency: Air Force Property Number: 189420023 Landholding Agency: Air Force Property Number: 189240028 Status: Unutilized Property Number: 189230003 Status: Unutilized Reason: Secured Area; Extensive Status: Excess Reason: Secured Area. deterioration. Reason: Within airport runway clear zone; Bldg. 759, Hancock Field Bldg. 914, Pope Air Force Base Secured Area. 6001 East Molloy Road Fayetteville Co: Cumberland NC 28308–2003 Facility 126 Syracuse Co: Onondaga NY 13211–7099 Landholding Agency: Air Force Griffiss Air Force Base Landholding Agency: Air Force Property Number: 189420024 Hanger Road Property Number: 189310007 Status: Unutilized Rome Co: Oneida NY 13441–4520 Status: Unutilized Reason: Secured Area; Extensive Landholding Agency: Air Force Reason: Extensive deterioration, Secured deterioration. Property Number: 189240020 Area. Bldg. 633, Pope Air Force Base Status: Unutilized Facility 841 Fayetteville Co: Cumberland NC 28308– Reason: Secured Area. Griffiss Air Force Base Landholding Agency: Air Force Facility 127 Rome Co: Oneida NY 13441–4520 Property Number: 189540019 Griffiss Air Force Base Landholding Agency: Air Force Status: Unutilized Hanger Road Property Number: 189330097 Reason: Secured Area; Extensive Rome Co: Oneida NY 13441–4520 Status: Unutilized deterioration. Landholding Agency: Air Force Reason: Secured Area. Bldg. SH–7 Property Number: 189240021 Bldg. 852 Marine Corps Base Status: Unutilized Niagara Falls International Airport Camp Lejeune Co: Onslow NC 28542–0004 Reason: Secured Area. 914th Tactical Airlift Group Landholding Agency: Navy Facility 135 Niagara Falls Co: Niagara NY 14304–5000 Property Number: 779410017 Griffiss Air Force Base Landholding Agency: Air Force Status: Unutilized Hanger Road Property Number: 189240013 Reason: Secured Area; Extensive Rome Co: Oneida NY 13441–4520 Status: Unutilized deterioration. Landholding Agency: Air Force Reason: Secured Area. Bldg. SH–11 Property Number: 189240022 Marine Corps Base North Carolina Status: Unutilized Camp Lejeune Co: Onslow NC 28542–0004 Reason: Secured Area. Bldg. 4230—Youth Center Landholding Agency: Navy Facility 137 Cannon Ave. Property Number: 779410018 Griffiss Air Force Base Goldsboro Co: Wayne NC 27531–5005 Status: Unutilized Otis Street Landholding Agency: Air Force Reason: Secured Area; Extensive Rome Co: Oneida NY 13441–4520 Property Number: 189120233 deterioration. Landholding Agency: Air Force Status: Underutilized Bldg. SH–13 Property Number: 189240023 Reason: Secured Area. Marine Corps Base Status: Unutilized Bldg. 607, Pope Air Force Base Camp Lejeune Co: Onslow NC 28542–0004 Reason: Secured Area. Fayetteville Co: Cumberland NC 28308–2890 Landholding Agency: Navy Facility 138 Landholding Agency: Air Force Property Number: 779410019 Griffiss Air Force Base Property Number: 189330041 Status: Unutilized Otis Street Status: Unutilized Reason: Secured Area; Extensive Rome Co: Oneida NY 13441–4520 Reason: Extensive deterioration; Secured deterioration. Landholding Agency: Air Force Area. Bldg. SH–16 Property Number: 189240024 Bldg. 255, Pope Air Force Base Marine Corps Base Status: Unutilized Fayetteville Co: Cumberland NC 28308–2003 Camp Lejeune Co: Onslow NC 28542–0004 Reason: Secured Area. Landholding Agency: Air Force Landholding Agency: Navy Facility 173 Property Number: 189420019 Property Number: 779410020 Griffiss Air Force Base Status: Unutilized Status: Unutilized Selfridge Street Reason: Secured Area; Extensive Reason: Secured Area; Extensive Rome Co: Oneida NY 13441–4520 deterioration. deterioration. Landholding Agency: Air Force Bldg. 370, Pope Air Force Base Bldg. SH–17 Property Number: 189240025 Fayetteville Co: Cumberland NC 28308–2003 Marine Corps Base Status: Unutilized Landholding Agency: Air Force Camp Lejeune Co: Onslow NC 28542–0004 Reason: Secured Area. Property Number: 189240020 Landholding Agency: Navy Facility 261 Status: Unutilized Property Number: 779410021 Griffiss Air Force Base Reason: Secured Area; Extensive Status: Unutilized McDill Street deterioration. Reason: Secured Area; Extensive Rome Co: Oneida NY 13441–4520 Bldg. 904, Pope Air Force Base deterioration. Landholding Agency: Air Force Fayetteville Co: Cumberland NC 28308–2003 Bldg. SH–21 Property Number: 189240026 Landholding Agency: Air Force Marine Corps Base Status: Unutilized Property Number: 189420021 Camp Lejeune Co: Onslow NC 28542–0004 Reason: Secured Area. Status: Unutilized Landholding Agency: Navy Facility 308 Reason: Secured Area; Extensive Property Number: 779410022 Griffiss Air Force Base deterioration. Status: Unutilized 205 Chanute Street Bldg. 910, Pope Air Force Base Reason: Secured Area; Extensive Rome Co: Oneida NY 13441–4520 Fayetteville Co: Cumberland NC 28308–2003 deterioration. Landholding Agency: Air Force Landholding Agency: Air Force Bldg. SH–31 Property Number: 189240027 Property Number: 189420022 Marine Corps Base Status: Unutilized Status: Unutilized Camp Lejeune Co: Onslow NC 28542–0004 Reason: Secured Area. Reason: Secured Area; Extensive Landholding Agency: Navy Facility 1200 deterioration. Property Number: 779410023 Griffiss Air Force Base Bldg. 912, Pope Air Force Base Status: Unutilized Donaldson Road Fayetteville Co: Cumberland NC 28308–2003 Reason: Secured Area; Extensive Rome Co: Oneida NY 13441–4520 Landholding Agency: Air Force deterioration. 8144 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices

Bldg. SSH–10 Camp Lejeune Co: Onslow NC 28542–0004 Reason: Secured Area; Extensive Marine Corps Base Landholding Agency: Navy deterioration. Camp Lejeune Co: Onslow NC 28542–0004 Property Number: 779410033 Bldg. 282 Landholding Agency: Navy Status: Unutilized Marine Corps Air Station Property Number: 779410024 Reason: Secured Area; Extensive Havelock Co: Craven NC 28533– Status: Unutilized deterioration. Landholding Agency: Navy Reason: Secured Area; Extensive Bldg. SM–173 Property Number: 779420010 deterioration. Marine Corps Base Status: Excess Bldg. AS–209 Camp Lejeune Co: Onslow NC 28542–0004 Reason: Secured Area; Extensive Marine Corps Base Landholding Agency: Navy deterioration. Camp Lejeune Co: Onslow NC 28542–0004 Property Number: 779410034 Bldg. 88 Landholding Agency: Navy Status: Unutilized Marine Corps Air Station Property Number: 779410025 Reason: Secured Area; Extensive Havelock Co: Craven NC 28533– Status: Unutilized deterioration. Landholding Agency: Navy Reason: Secured Area; Extensive Bldg. 1744 Property Number: 779420011 deterioration. Marine Corps Base Status: Excess Bldg. AS–589 Camp Lejeune Co: Onslow NC 28542–0004 Reason: Secured Area; Extensive Marine Corps Base Landholding Agency: Navy deterioration. Camp Lejeune Co: Onslow NC 28542–0004 Property Number: 779410035 Bldg. 98 Landholding Agency: Navy Status: Unutilized Marine Corps Air Station Property Number: 779410026 Reason: Secured Area; Extensive Havelock Co: Craven NC 28533– Status: Unutilized deterioration. Landholding Agency: Navy Reason: Secured Area; Extensive Bldg. PT–42 Property Number: 779420012 deterioration. Marine Corps Base Status: Excess Bldg. AS–590 Camp Lejeune Co: Onslow NC 28542–0004 Reason: Secured Area; Extensive Marine Corps Base Landholding Agency: Navy deterioration. Camp Lejeune Co: Onslow NC 28542–0004 Property Number: 779420002 Bldg. 99 Landholding Agency: Navy Status: Unutilized Marine Corps Air Station Property Number: 779410027 Reason: Secured Area; Extensive Havelock Co: Craven NC 28533– Status: Unutilized deterioration. Landholding Agency: Navy Reason: Secured Area; Extensive Bldg. S–93 Property Number: 779420013 deterioration. Marine Corps Base Status: Excess Bldg. AS–4138 Camp Lejeune Co: Onslow NC 28542–0004 Reason: Secured Area; Extensive Marine Corps Base Landholding Agency: Navy deterioration. Camp Lejeune Co: Onslow NC 28542–0004 Property Number: 779420003 Bldg. 1234 Landholding Agency: Navy Status: Unutilized Marine Corps Air Station Property Number: 779410028 Reason: Secured Area. Havelock Co: Craven NC 28533– Status: Unutilized Bldg. TC–910 Landholding Agency: Navy Reason: Secured Area; Extensive Marine Corps Base Property Number: 779420014 deterioration. Camp Lejeune Co: Onslow NC 28542–0004 Status: Excess Bldg. AS–4139 Landholding Agency: Navy Reason: Secured Area; Extensive Marine Corps Base Property Number: 779420004 deterioration. Camp Lejeune Co: Onslow NC 28542–0004 Status: Unutilized Bldg. 1235 Landholding Agency: Navy Reason: Secured Area; Extensive Marine Corps Air Station Property Number: 779410029 deterioration. Havelock Co: Craven NC 28533– Status: Unutilized Bldg. S–942 Landholding Agency: Navy Reason: Secured Area; Extensive Marine Corps Base Property Number: 779420015 deterioration. Camp Lejeune Co: Onslow NC 28542–0004 Status: Excess Bldg. 867 Landholding Agency: Navy Reason: Secured Area; Extensive Marine Corps Base Property Number: 779420005 deterioration. Camp Lejeune Co: Onslow NC 28542–0004 Status: Unutilized Bldg. 1246 Landholding Agency: Navy Reason: Secured Area; Extensive Marine Corps Air Station Property Number: 779410030 deterioration. Havelock Co: Craven NC 28533– Status: Unutilized Bldg. S–1213 Landholding Agency: Navy Reason: Secured Area; Extensive Marine Corps Base Property Number: 779420016 deterioration. Camp Lejeune Co: Onslow NC 28542–0004 Status: Excess Bldg. 939 Landholding Agency: Navy Reason: Secured Area; Extensive Marine Corps Base Property Number: 779420006 deterioration. Camp Lejeune Co: Onslow NC 28542–0004 Status: Unutilized Bldg. 1390 Landholding Agency: Navy Reason: Secured Area; Extensive Marine Corps Air Station Property Number: 779410031 deterioration. Havelock Co: Craven NC 28533– Status: Unutilized Bldg. 79 Landholding Agency: Navy Reason: Secured Area; Extensive Marine Corps Air Station Property Number: 779420017 deterioration. Havelock Co: Craven NC 28533– Status: Excess Bldg. 940 Landholding Agency: Navy Reason: Secured Area; Extensive Marine Corps Base Property Number: 779420008 deterioration. Camp Lejeune Co: Onslow NC 28542–0004 Status: Excess Bldg. 1710 Landholding Agency: Navy Reason: Secured Area. Marine Corps Air Station Property Number: 779410032 Bldg. 281 Havelock Co: Craven NC 28533– Status: Unutilized Marine Corps Air Station Landholding Agency: Navy Reason: Secured Area; Extensive Havelock Co: Craven NC 28533– Property Number: 779420018 deterioration. Landholding Agency: Navy Status: Excess Bldg. H–38 Property Number: 779420009 Reason: Secured Area; Extensive Marine Corps Base Status: Excess deterioration. Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices 8145

Bldg. 1742 Bldg. 9021 Status: Unutilized Marine Corps Air Station Piney Island Reason: Secured Area; Extensive Havelock Co: Craven NC 28533– Marine Corps Air Stations deterioration. Landholding Agency: Navy Cherry Point Co: Carteret NC Facility 1972, Cherry Point Property Number: 779420019 Landholding Agency: Navy Marine Corps Air Station Status: Excess Property Number: 779430003 Havelock Co: Craven NC 28533– Reason: Secured Area; Extensive Status: Unutilized Landholding Agency: Navy deterioration. Reason: Secured Area; Extensive Property Number: 779430026 Bldg. 1743 deterioration. Status: Unutilized Marine Corps Air Station Bldg. 9023 Reason: Secured Area; Extensive Havelock Co: Craven NC 28533– Piney Island deterioration. Landholding Agency: Navy Marine Corps Air Stations Bldg. 3248 Property Number: 779420020 Cherry Point Co: Carteret NC Marine Corps Air Station, Cherry Point Status: Excess Landholding Agency: Navy Havelock Co: Craven NC 28533– Reason: Secured Area; Extensive Property Number: 779430004 Landholding Agency: Navy deterioration. Status: Unutilized Property Number: 779440009 Bldg. 1744 Reason: Secured Area; Extensive Status: Unutilized Marine Corps Air Station deterioration. Reason: Secured Area; Extensive Havelock Co: Craven NC 28533– Bldg. 9035 deterioration. Landholding Agency: Navy Piney Island Bldg. AS 552, Camp Lejeune Property Number: 779420021 Marine Corps Air Stations Camp Lejeune Co: Onslow NC 28542–0004 Status: Excess Cherry Point Co: Carteret NC Landholding Agency: Navy Reason: Secured Area; Extensive Landholding Agency: Navy Property Number: 779440010 deterioration. Property Number: 779430005 Status: Unutilized Status: Unutilized Reason: Secured Area; Extensive Bldg. 1745 Reason: Extensive deterioration. deterioration. Marine Corps Air Station Havelock Co: Craven NC 28533– Structure #AS582 Bldg. AS 587, Camp Lejeune Landholding Agency: Navy New River Air Station Camp Lejeune Co: Onslow NC 28542–0004 Property Number: 779420022 Camp Lejeune Co: Onslow NC 28542–0004 Landholding Agency: Navy Status: Excess Landholding Agency: Navy Property Number: 779440011 Reason: Secured Area; Extensive Property Number: 779430015 Status: Unutilized Reason: Secured Area; Extensive deterioration. Status: Unutilized Reason: Secured Area; Extensive deterioration. Bldg. 3450 deterioration. Bldg. TT 38, Camp Lejeune Marine Corps Air Station Camp Lejeune Co: Onslow NC 28542–0004 Havelock Co: Craven NC 28533– Bldg. AS–299, Camp Lejeune Landholding Agency: Navy Landholding Agency: Navy Camp Lejeune Co: Onslow NC 28542–0004 Landholding Agency: Navy Property Number: 779440012 Property Number: 779420023 Status: Unutilized Status: Excess Property Number: 779430020 Status: Unutilized Reason: Secured Area; Extensive Reason: Secured Area; Extensive deterioration. deterioration. Reason: Secured Area; Extensive deterioration. Bldg. 49, Camp Lejeune Bldg. 8067 Camp Lejeune Co: Onslow NC 28542–0004 Bldg. 854, Camp Lejeune Marine Corps Air Station Landholding Agency: Navy Camp Lejeune Co: Onslow NC 28542–0004 Havelock Co: Craven NC 28533– Property Number: 779440013 Landholding Agency: Navy Landholding Agency: Navy Status: Unutilized Property Number: 779430021 Property Number: 779420024 Reason: Secured Area; Extensive Status: Excess Status: Unutilized deterioration. Reason: Secured Area; Extensive Reason: Secured Area; Extensive deterioration. Bldg. AS 147, Camp Lejeune deterioration. Camp Lejeune Co: Onslow NC 28542–0004 Bldg. 3546 Bldg. 883, Camp Lejeune Landholding Agency: Navy Marine Corps Air Station Camp Lejeune Co: Onslow NC 28542–0004 Property Number: 779440014 Havelock Co: Craven NC 28533– Landholding Agency: Navy Status: Unutilized Landholding Agency: Navy Property Number: 779430022 Reason: Secured Area; Extensive Property Number: 779420025 Status: Unutilized deterioration. Reason: Secured Area; Extensive Status: Excess Bldg. BB 166, Camp Lejeune deterioration. Reason: Secured Area; Extensive Camp Lejeune Co: Onslow NC 28542–0004 deterioration. Bldg. TC–174, Camp Lejeune Landholding Agency: Navy Bldg. 9017 Camp Lejeune Co: Onslow NC 28542–0004 Property Number: 779440015 Piney Island Landholding Agency: Navy Status: Unutilized Marine Corps Air Stations Property Number: 779430023 Reason: Secured Area; Extensive Cherry Point Co: Carteret NC Status: Unutilized deterioration. Landholding Agency: Navy Reason: Secured Area; Extensive Bldg. SM 183, Camp Lejeune Property Number: 779430001 deterioration. Camp Lejeune Co: Onslow NC 28542–0004 Status: Unutilized Bldg. TC–179, Camp Lejeune Landholding Agency: Navy Reason: Secured Area; Extensive Camp Lejeune Co: Onslow NC 28542–0004 Property Number: 779440016 deterioration. Landholding Agency: Navy Status: Unutilized Bldg. 9019 Property Number: 779430024 Reason: Secured Area; Extensive Piney Island Status: Unutilized deterioration. Marine Corps Air Stations Reason: Secured Area; Extensive Bldg. BB 222, Camp Lejeune Cherry Point Co: Carteret NC deterioration. Camp Lejeune Co: Onslow NC 28542–0004 Landholding Agency: Navy Bldg. 935, Cherry Point Landholding Agency: Navy Property Number: 779430002 Marine Corps Air Station Property Number: 779440017 Status: Unutilized Havelock co: Craven NC 28533– Status: Unutilized Reason: Secured Area; Extensive Landholding Agency: Navy Reason: Secured Area; Extensive deterioration. Property Number: 779430025 deterioration. 8146 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices

Bldg. 451, Camp Lejeune Landholding Agency: Navy Bldg. 1741 Camp Lejeune Co: Onslow NC 28542–0004 Property Number: 779510023 Marine Corps Air Station—Cherry Point Landholding Agency: Navy Status: Unutilized Havelock Co: Craven NC 28533– Property Number: 779440018 Reason: Secured Area. Landholding Agency: Navy Status: Unutilized Structure # 1966 Property Number: 779530020 Reason: Secured Area; Extensive Camp Lejeune Status: Excess deterioration. Camp Lejeune Co: Onslow NC 28542–0004 Reason: Secured Area; Extensive Bldg. 630, Camp Lejeune Landholding Agency: Navy deterioration. Camp Lejeune Co: Onslow NC 28542–0004 Property Number: 779510024 Bldg. 1990 Landholding Agency: Navy Status: Unutilized Marine Corps Air Station—Cherry Point Property Number: 779440019 Reason: Secured Area; Extensive Havelock Co: Craven NC 28533– Status: Unutilized deterioration. Landholding Agency: Navy Reason: Secured Area; Extensive Structure # 2322 Property Number: 779530021 deterioration. Camp Lejeune Status: Excess Bldg. S 745, Camp Lejeune Camp Lejeune Co: Onslow NC 28542–0004 Reason: Secured Area; Extensive Camp Lejeune Co: Onslow NC 28542–0004 Landholding Agency: Navy deterioration. Landholding Agency: Navy Property Number: 779510025 Bldg. 1991 Property Number: 779440020 Status: Unutilized Marine Corps Air Station—Cherry Point Status: Unutilized Reason: Secured Area. Havelock Co: Craven NC 28533– Reason: Secured Area; Extensive Structure RR–85 Landholding Agency: Navy deterioration. Camp Lejeune, Base Rifle Range Property Number: 779530022 Bldg. 805, Camp Lejeune Camp Lejeune Co: Onslow NC 28542–0004 Status: Excess Camp Lejeune Co: Onslow NC 28542–0004 Landholding Agency: Navy Reason: Secured Area; Extensive Landholding Agency: Navy Property Number: 779520016 deterioration. Property Number: 779440021 Status: Unutilized Bldg. 914 Status: Unutilized Reason: Secured Area; Extensive Marine Corps Air Station—Cherry Point Reason: Secured Area; Extensive deterioration. Havelock Co: Craven NC 28533– deterioration. Structure SRR–86 Landholding Agency: Navy Bldg. AS 866, Camp Lejeune Camp Lejeune, Base Rifle Range Property Number: 779530023 Camp Lejeune Co: Onslow NC 28542–0004 Camp Lejeune Co: Onslow NC 28542–0004 Status: Excess Landholding Agency: Navy Landholding Agency: Navy Reason: Extensive deterioration. Property Number: 779440022 Property Number: 779520017 Bldg. 981 Status: Unutilized Status: Unutilized Marine Corps Air Station—Cherry Point Reason: Secured Area; Extensive Reason: Secured Area; Extensive Havelock Co: Craven NC 28533– deterioration. deterioration. Landholding Agency: Navy Bldg. 954, Camp Lejeune Bldg. 168 Property Number: 779530024 Camp Lejeune Co: Onslow NC 28542–0004 Marine Corps Air Station—Cherry Point Status: Excess Landholding Agency: Navy Havelock Co: Craven NC 28533– Reason: Secured Area; Extensive Property Number: 779440023 Landholding Agency: Navy deterioration. Status: Unutilized Property Number: 779530015 Bldg. 986 Reason: Secured Area; Extensive Status: Excess Marine Corps Air Station—Cherry Point deterioration. Reason: Secured Area; Extensive Havelock Co: Craven NC 28533– deterioration. Bldg. 1808, Camp Lejeune Landholding Agency: Navy Camp Lejeune Co: Onslow NC 28542–0004 Bldg. 959 Property Number: 779530025 Landholding Agency: Navy Marine Corps Air Station—Cherry Point Status: Excess Havelock Co: Craven NC 28533– Property Number: 779440024 Reason: Secured Area; Extensive Landholding Agency: Navy Status: Unutilized deterioration. Property Number: 779530016 Reason: Secured Area; Extensive Bldg. 987 Status: Excess deterioration. Marine Corps Air Station—Cherry Point Reason: Secured Area; Extensive Havelock Co: Craven NC 28533– Bldg. 1810, Camp Lejeune deterioration. Camp Lejeune Co: Onslow NC 28542–0004 Landholding Agency: Navy Bldg. 977 Landholding Agency: Navy Property Number: 779530026 Marine Corps Air Station—Cherry Point Property Number: 779440025 Status: Excess Havelock Co: Craven NC 28533– Status: Unutilized Reason: Secured Area; Extensive Landholding Agency: Navy Reason: Secured Area; Extensive deterioration. Property Number: 779530017 Bldg. 988 deterioration. Status: Excess Structure #SVL 142 Marine Corps Air Station—Cherry Point Reason: Secured Area; Extensive Havelock Co: Craven NC 28533– Camp Lejeune deterioration. Camp Lejeune Co: Onslow NC 28542–0004 Landholding Agency: Navy Bldg. 1056 Property Number: 779530027 Landholding Agency: Navy Marine Corps Air Station—Cherry Point Property Number: 779510021 Status: Excess Havelock Co: Craven NC 28533– Reason: Secured Area; Extensive Status: Unutilized Landholding Agency: Navy Reason: Secured Area; Extensive deterioration. Property Number: 779530018 Bldg. 1652 deterioration. Status: Excess Marine Corps Air Station—Cherry Point Structure #FC 363 Reason: Secured Area; Extensive Havelock Co: Craven NC 28533– Camp Lejeune deterioration. Landholding Agency: Navy Camp Lejeune Co: Onslow NC 28542–0004 Bldg. 1739 Landholding Agency: Navy Property Number: 779530028 Marine Corps Air Station—Cherry Point Status: Excess Property Number: 779510022 Havelock Co: Craven NC 28533– Status: Unutilized Reason: Other Landholding Agency: Navy Comment: Detached Latrine. Reason: Secured Area. Property Number: 779530019 Structure #AS 583 Status: Excess North Dakota Camp Lejeune Reason: Secured Area; Extensive Bldg. 422 Camp Lejeune Co: Onslow NC 28542–0004 deterioration. Minot Air Force Base Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices 8147

Minot Co: Ward ND 58705– Kings-Graves Road Reason: Extensive deterioration. Landholding Agency: Air Force Vienna Co: Trumbull OH 44473–5000 Bldg. 206, South Nike Ed Annex Property Number: 189010724 Landholding Agency: Air Force Ellsworth Air Force Base Status: Underutilized Property Number: 189220016 Ellsworth AFB Co: Pennington SD 57706– Reason: Secured Area. Status: Unutilized Landholding Agency: Air Force Bldg. 50 Reason: Secured Area. Property Number: 189320053 Fortuna Air Force Station Puerto Rico Status: Unutilized Extreme northwestern corner of North Dakota Reason: Extension deterioration. Bldg. 10 Fortuna Co: Divide ND 58844– Punta Salinas Radar Site Bldg. 00605 Landholding Agency: Air Force Toa Baja Co: Toa Baja PR 00759– Ellsworth Air Force Base Property Number: 189310107 Landholding Agency: Air Force Ellsworth AFB Co: Pennington SD 57706– Status: Excess Property Number: 189010544 Landholding Agency: Air Force Reason: Other Status: Underutilized Property Number: 189320054 Comment: Garbage Incinerator. Reason: Secured Area. Status: Underutilized Bldg. 119 Reason: Secured Area. Rhode Island Minot Air Force Base Bldg. 88535 Minot Co: Ward ND 58701– Bldg. 32 Ellsworth Air Force Base Landholding Agency: Air Force Naval Underwater Systems Center Ellsworth AFB Co: Meade SD 57706– Property Number: 189320034 Gould Island Annex Landholding Agency: Air Force Status: Unutilized Middletown Co: Newport RI 02840– Property Number: 189340032 Reason: Secured Area. Landholding Agency: Navy Status: Unutilized Bldg. 191 Property Number: 779010273 Reason: Secured Area. Status: Excess Minot Air Force Base Bldg. 88470 Reason: Secured Area. Minot Co: Ward ND 58701– Ellsworth Air Force Base Landholding Agency: Air Force South Dakota Ellsworth AFB Co: Meade SD 57706– Property Number: 189320035 Bldg. 88513 Landholding Agency: Air Force Status: Unutilized Ellsworth Air Force Base Property Number: 189340033 Reason: Secured Area. Porter Avenue Status: Unutilized Bldg. 490 Ellsworth AFB Co: Meade SD 57706– Reason: Within 2000 ft. of flammable or Minot Air Force Base Landholding Agency: Air Force explosive material; Secured Area. Minot Co: Ward ND 58701– Property Number: 189210001 Bldg. 88304 Landholding Agency: Air Force Status: Unutilized Ellsworth Air Force Base Property Number: 189320036 Reason: Extensive deterioration. Ellsworth AFB Co: Meade SD 57706– Status: Unutilized Bldg. 88501 Landholding Agency: Air Force Reason: Secured Area. Ellsworth Air Force Base Property Number: 189340034 Bldg. 509 Ellsworth AFB Co: Meade SD 57706– Status: Unutilized Minot Air Force Base Landholding Agency: Air Force Reason: Within 2000 ft. of flammable or Minot Co: Ward ND 58701– Property Number: 189210002 explosive material; Other; Secured Area. Landholding Agency: Air Force Status: Unutilized Comment: Extension deterioration. Property Number: 189320037 Reason: Extensive deterioration. Bldg. 9011 Status: Unutilized Bldg. 200, South Nike Ed Annex Ellsworth Air Force Base Reason: Secured Area. Ellsworth Air Force Base Ellsworth AFB Co: Meade SD 57706– Bldg. 526 Ellsworth AFB Co: Pennington SD 57706– Landholding Agency: Air Force Minot Air Force Base Landholding Agency: Air Force Property Number: 189340035 Minot Co: Ward ND 58701– Property Number: 189320048 Status: Unutilized Landholding Agency: Air Force Status: Unutilized Reason: Within 2000 ft. of flammable or Property Number: 189320038 Reason: Extensive deterioration. explosive material; Other; Secured Area. Status: Unutilized Bldg. 201, South Nike Ed Annex Comment: Extensive deterioration. Reason: Secured Area. Ellsworth Air Force Base Bldg. 7506 Bldg. 895 Ellsworth AFB Co: Pennington SD 57706– Ellsworth Air Force Base Minot Air Force Base Landholding Agency: Air Force Ellsworth AFB Co: Meade SD 57706– Minot Co: Ward ND 58701– Property Number: 189320049 Landholding Agency: Air Force Landholding Agency: Air Force Status: Unutilized Property Number: 189340037 Property Number: 189320039 Reason: Extensive deterioration. Status: Unutilized Status: Unutilized Bldg. 203, South Nike Ed Annex Reason: Secured Area. Reason: Secured Area. Ellsworth Air Force Base Bldg. 6908 Bldg. 1019 Ellsworth AFB Co: Pennington SD 57706– Ellsworth Air Force Base Minot Air Force Base Landholding Agency: Air Force Ellsworth AFB Co: Meade SD 57706– Minot Co: Ward ND 58701– Property Number: 189320050 Landholding Agency: Air Force Landholding Agency: Air Force Status: Unutilized Property Number: 189340038 Property Number: 189320040 Reason: Extensive deterioration. Status: Unutilized Status: Unutilized Bldg. 204, South Nike Ed Annex Reason: Within 2000 ft. of flammable or Reason: Secured Area. Ellsworth Air Force Base explosive material; other; Secured Area. Ohio Ellsworth AFB Co: Pennington SD 57706– Comment: Extensive deterioration. Bldg. 404, Hydrant Fuel Landholding Agency: Air Force Bldg. 6904 910 Airlift Group Property Number: 189320051 Ellsworth Air Force Base Kings-Graves Road Status: Unutilized Ellsworth AFB Co: Meade SD 57706– Vienna Co: Trumbull OH 44473–5000 Reason: Extensive deterioration. Landholding Agency: Air Force Landholding Agency: Air Force Bldg. 205, South Nike Ed Annex Property Number: 189340039 Property Number: 189220015 Ellsworth Air Force Base Status: Unutilized Status: Unutilized Ellsworth AFB Co: Pennington SD 57706– Reason: Within 2000 ft. of flammable or Reason: Secured Area. Landholding Agency: Air Force explosive material; Other; Secured Area. Bldg. 405, Test Cell Property Number: 189320052 Comment: Extensive deterioration. 910 Airlift Group Status: Unutilized Bldg. 4102 8148 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices

Ellsworth Air Force Base Landholding Agency: Air Force Reason: Secured Area. Ellsworth AFB Co: Mead SD 57706– Property Number: 189520009 Bldg. 03130 Landholding Agency: Air Force Status: Unutilized Reese Air Force Base Property Number: 189340040 Reason: Secured Area. Lubbock Co: Lubbock TX 79489–5000 Status: Unutilized Bldg. 7245 Landholding Agency: Air force Reason: Secured Area. Ellsworth Air Force Base Property Number: 189540018 Bldg. 4101 Ellsworth AFB Co: Meade SD 57706– Status: Unutilized Ellsworth Air Force Base Landholding Agency: Air Force Reason: Secured Area. Ellsworth AFB Co: Mead SD 57706– Property Number: 189520010 Bldg. 2426 Landholding Agency: Air Force Status: Unutilized Laguna Shores Housing Area Property Number: 189340041 Reason: Secured Area; Within 2000 ft. of Corpus Christi Co: Nueces TX 78419– Status: Unutilized flammable or explosive material; Within Landholding Agency: Navy Reason: Secured Area. airport runway clear zone. Property Number: 779010279 Bldg. 4100 Bldg. 7502 Status: Underutilized Ellsworth Air Force Base Ellsworth Air Force Base Reason: Floodway. Ellsworth AFB Co: Mead SD 57706– Ellsworth AFB Co: Meade SD 57706– Bldg. 2432 Landholding Agency: Air Force Landholding Agency: Air Force Laguna Shores Housing Area Property Number: 189340042 Property Number: 189520011 Corpus Christi Co: Nueces TX 78419– Status: Unutilized Status: Unutilized Landholding Agency: Navy Reason: Secured Area. Reason: Secured Area; Within 2000 ft. of Property Number: 779010280 Bldg. 3016 flammable or explosive material. Status: Underutilized Ellsworth Air Force Base Bldg. 1111 Reason: Floodway. Ellsworth AFB Co: Mead SD 57706– Ellsworth Air Force Base Bldg. 2476 Landholding Agency: Air Force Ellsworth AFB Co: Pennington SD 57706– Laguna Shores Housing Area Property Number: 189340043 Landholding Agency: Air Force Corpus Christi Co: Nueces TX 78419– Status: Unutilized Property Number: 189610005 Landholding Agency: Navy Reason: Within 2000 ft. of flammable or Status: Unutilized Property Number: 779010281 explosive material; Other, Secured Area Reason: Secured Area. Status: Underutilized Comment: Waste treatment bldg. Bldg. 1213 Reason: Floodway. Bldg. 1115 Ellsworth Air Force Base Bldg. 2498 Ellsworth Air Force Base Ellsworth AFB Co: Pennington SD 57706– Laguna Shores Housing Area Ellsworth AFB Co: Mead SD 57706– Landholding Agency: Air Force Corpus Christi Co: Nueces TX 78419– Landholding Agency: Air Force Property Number: 189610006 Landholding Agency: Navy Property Number: 189340044 Status: Unutilized Property Number: 779010282 Status: Unutilized Reason: Secured Area. Status: Underutilized Reason: Secured Area. Texas Reason: Floodway. Bldg. 1210 Bldg. 400 Bldg. 2504 Ellsworth Air Force Base Laughlin Air Force Base Laguna Shores Housing Area Ellsworth AFB Co: Mead SD 57706– Val Verde Co. Co: Val Verde TX 78843–5000 Corpus Christi Co: Nueces TX 78419– Landholding Agency: Air Force Location: Six miles on Highway 90 east of Landholding Agency: Navy Property Number: 189340045 Del Rio, Texas. Property Number: 779010283 Status: Unutilized Landholding Agency: Air Force Status: Underutilized Reason: Secured Area. Property Number: 189010173 Reason: Floodway. Bldg. 1112 Status: Unutilized Bldg. 1730 Ellsworth Air Force Base Reason: Within 2000 ft. of flammable or Laguna Shores Housing Area Ellsworth AFB Co: Mead SD 57706– explosive material; Within airport runway Corpus Christi Co: Nueces TX 78419– Landholding Agency: Air Force clear zone. Landholding Agency: Navy Property Number: 189340046 Bldg. 40 Property Number: 779010284 Status: Unutilized Laughlin Air Force Base Co: Val Verde TX Status: Underutilized Reason: Secured Area. 78843–5000 Reason: Floodway. Bldg. 1110 Landholding Agency: Air Force Bldg. 2422 Ellsworth Air Force Base Property Number: 189420014 Laguna Shores Housing Area Ellsworth AFB Co: Mead SD 57706– Status: Unutilized Corpus Christi Co: Nueces TX 78419– Landholding Agency: Air Force Reason: Extensive deterioration. Landholding Agency: Navy Property Number: 189340047 Bldg. 107 Property Number: 779010285 Status: Unutilized Laughlin Air Force Base Co: Val Verde TX Status: Underutilized Reason: Secured Area. 78843–5000 Reason: Floodway. Bldg. 606 Landholding Agency: Air Force Bldg. 2425 Ellsworth Air Force Base Property Number: 189420015 Laguna Shores Housing Area Ellsworth AFB Co: Mead SD 57706– Status: Unutilized Corpus Christi Co: Nueces TX 78419– Landholding Agency: Air Force Reason: Extensive deterioration. Landholding Agency: Navy Property Number: 189340048 Bldg. 119 Property Number: 779010286 Status: Unutilized Laughlin Air Force Base Co: Val Verde TX Status: Underutilized Reason: Within 2000 ft. of flammable or 78843–5000 Reason: Floodway. explosive material; Secured Area. Landholding Agency: Air Force Bldg. 2430 Bldg. 6905, Ellsworth AFB Property Number: 189420016 Laguna Shores Housing Area Ellsworth AFB Co: Mead SD 57706– Status: Unutilized Corpus Christi Co: Nueces TX 78419– Landholding Agency: Air Force Reason: Extensive deterioration. Landholding Agency: Navy Property Number: 189340010 Bldg. 00153 Property Number: 779010287 Status: Underutilized Reese Air Force Base Status: Underutilized Reason: Secured Area. Lubbock Co: Lubbock TX 79489–5000 Reason: Floodway. Bldg. 1208 Landholding Agency: Air Force Bldg. 2434 Ellsworth Air Force Base Property Number: 189540017 Laguna Shores Housing Area Ellsworth AFB Co: Meade SD 57706– Status: Unutilized Corpus Christi Co: Nueces TX 78419– Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices 8149

Landholding Agency: Navy Utah Reason: Within 2000 ft. of flammable or Property Number: 779010288 Bldg. 789 explosive material Secured Area. Status: Underutilized Hill Air Force Base Bldg. 1335 Reason: Floodway. (See County) Co: Davis UT 84056– Norfolk Naval Shipyard Bldg. 2449 Landholding Agency: Air Force Portsmouth VA 23709– Laguna Shores Housing Area Property Number: 189040859 Landholding Agency: Navy Corpus Christi Co: Nueces TX 78419– Status: Unutilized Property Number: 779520043 Landholding Agency: Navy Reason: Within airport runway clear zone Status: Unutilized Property Number: 779010289 Secured Area. Reason: Within 2000 ft. of flammable or Status: Underutilized explosive material Secured Area. Virginia Reason: Floodway. Bldg. 1488 Bldg. 2450 Bldg. 63 Norfolk Naval Shipyard Laguna Shores Housing Area Norfolk Naval Shipyard Portsmouth VA 23709– Corpus Christi Co: Nueces TX 78419– Portsmouth VA 23709– Landholding Agency: Navy Landholding Agency: Navy Landholding Agency: Navy Property Number: 779520044 Property Number: 779010290 Property Number: 779520035 Status: Unutilized Status: Underutilized Status: Unutilized Reason: Within 2000 ft. of flammable or Reason: Floodway. Reason: Within 2000 ft. of flammable or explosive material Secured Area. Bldg. 2453 explosive material Secured Area. Washington Laguna Shores Housing Area Bldg. 244 Bldg. 640 Corpus Christi Co: Nueces TX 78419– Norfolk Naval Shipyard Fairchild AFB Landholding Agency: Navy Portsmouth VA 23709– Fairchild Co: Spokane WA 99011– Property Number: 779010291 Landholding Agency: Navy Landholding Agency: Air Force Status: Underutilized Property Number: 779520036 Property Number: 189010139 Reason: Floodway. Status: Unutilized Status: Unutilized Bldg. 2455 Reason: Within 2000 ft. of flammable or Reason: Secured Area. explosive material Secured Area. Laguna Shores Housing Area Bldg. 641 Corpus Christi Co: Nueces TX 78419– Bldg. 286 Fairchild AFB Landholding Agency: Navy Norfolk Naval Shipyard Fairchild Co: Spokane WA 99011– Property Number: 779010292 Portsmouth VA 23709– Landholding Agency: Air Force Status: Underutilized Landholding Agency: Navy Property Number: 189010140 Reason: Floodway. Property Number: 779520037 Status: Unutilized Bldg. 2456 Status: Unutilized Reason: Secured Area. Laguna Shores Housing Area Reason: Within 2000 ft. of flammable or Bldg. 642 Corpus Christi Co: Nueces TX 78419– explosive material Secured Area. Fairchild AFB Landholding Agency: Navy Bldg. 416 Fairchild Co: Spokane WA 99011– Property Number: 779010293 Norfolk Naval Shipyard Landholding Agency: Air Force Status: Underutilized Portsmouth VA 23709– Property Number: 189010141 Reason: Floodway. Landholding Agency: Navy Status: Unutilized Bldg. 2463 Property Number: 779520038 Reason: Secured Area. Laguna Shores Housing Area Status: Unutilized Bldg. 643 Corpus Christi Co: Nueces TX 78419– Reason: Within 2000 ft. of flammable or Fairchild AFB Landholding Agency: Navy explosive material Secured Area. Fairchild Co: Spokane WA 99011– Property Number: 779010294 Bldg. 521 Landholding Agency: Air Force Status: Underutilized Norfolk Naval Shipyard Property Number: 189010142 Reason: Floodway. Portsmouth VA 23709– Status: Unutilized Bldg. 2483 Landholding Agency: Navy Reason: Secured Area. Laguna Shores Housing Area Property Number: 779520039 Bldg. 645 Corpus Christi Co: Nueces TX 78419– Status: Unutilized Fairchild AFB Landholding Agency: Navy Reason: Within 2000 ft. of flammable or Fairchild Co: Spokane WA 99011– Property Number: 779010295 explosive material Secured Area. Landholding Agency: Air Force Status: Underutilized Bldg. 539 Property Number: 189010143 Reason: Floodway. Norfolk Naval Shipyard Status: Unutilized Bldg. 2516 Portsmouth VA 23709– Reason: Secured Area. Laguna Shores Housing Area Landholding Agency: Navy Bldg. 646 Corpus Christi Co: Nueces TX 78419– Property Number: 779520040 Fairchild AFB Landholding Agency: Navy Status: Unutilized Fairchild Co: Spokane WA 99011– Property Number: 779010296 Reason: Within 2000 ft. of flammable or Landholding Agency: Air Force Status: Underutilized explosive material Secured Area. Property Number: 189010144 Reason: Floodway. Bldg. 760 Status: Unutilized Bldg. 2524 Norfolk Naval Shipyard Reason: Secured Area. Laguna Shores Housing Area Portsmouth VA 23709– Bldg. 647 Corpus Christi Co: Nueces TX 78419– Landholding Agency: Navy Fairchild AFB Landholding Agency: Navy Property Number: 779520041 Fairchild Co: Spokane WA 99011– Property Number: 779010297 Status: Unutilized Landholding Agency: Air Force Status: Underutilized Reason: Within 2000 ft. of flammable or Property Number: 189010145 Reason: Floodway. explosive material Secured Area. Extensive Status: Unutilized Bldg. 2528 deterioration. Reason: Secured Area. Laguna Shores Housing Area Bldg. 763 Bldg. 1415 Corpus Christi Co: Nueces TX 78419– Norfolk Naval Shipyard Fairchild AFB Landholding Agency: Navy Portsmouth VA 23709– Fairchild Co: Spokane WA 99011– Property Number: 779010298 Landholding Agency: Navy Landholding Agency: Air Force Status: Underutilized Property Number: 779520042 Property Number: 189010146 Reason: Floodway. Status: Unutilized Status: Unutilized 8150 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices

Reason: Within 2000 ft. of flammable or Status: Unutilized Bldg. 2143 explosive material Secured Area. Reason: Secured Area. Fairchild Air Force Base Bldg. 1429 Bldg. 3514 Fairchild AFB Co: Spokane WA 99011– Fairchild AFB Fairchild AFB Landholding Agency: Air Force Fairchild Co: Spokane WA 99011– Fairchild Co: Spokane WA 99011– Property Number: 189310059 Landholding Agency: Air Force Landholding Agency: Air Force Status: Unutilized Property Number: 189010147 Property Number: 189010157 Reason: Secured Area; Within 2000 ft. of Status: Unutilized Status: Unutilized flammable or explosive material. Reason: Within 2000 ft. of flammable or Reason: Secured Area. Bldg. 2385 explosive material Secured Area. Bldg. 3518 Fairchild Air Force Base Bldg. 1464 Fairchild AFB Fairchild AFB Co: Spokane WA 99011– Fairchild AFB Fairchild Co: Spokane WA 99011– Landholding Agency: Air Force Fairchild Co: Spokane WA 99011– Landholding Agency: Air Force Property Number: 189310060 Landholding Agency: Air Force Property Number: 189010158 Status: Unutilized Property Number: 189010148 Status: Unutilized Reason: Secured Area. Status: Unutilized Reason: Secured Area. Bldg. 3509 Reason: Within 2000 ft. of flammable or Bldg. 3521 Fairchild Air Force Base explosive material Secured Area. Fairchild AFB Fairchild AFB Co: Spokane WA 99011– Bldg. 1465 Fairchild Co: Spokane WA 99011– Landholding Agency: Air Force Fairchild AFB Landholding Agency: Air Force Property Number: 189310061 Fairchild Co: Spokane WA 99011– Property Number: 189010159 Status: Unutilized Landholding Agency: Air Force Status: Unutilized Reason: Secured Area. Property Number: 189010149 Reason: Secured Area. Bldg. 1405 Status: Unutilized Bldg. 100, Geiger Heights Fairchild Air Force Base Reason: Within 2000 ft. of flammable or Grove and Hallet Streets Fairchild AFB Co: Spokane WA 99011– explosive material Secured Area. Fairchild AFB Co: Spokane WA 99204– Landholding Agency: Air Force Bldg. 1466 Landholding Agency: Air Force Property Number: 189310062 Fairchild AFB Property Number: 189210004 Status: Unutilized Fairchild Co: Spokane WA 99011– Status: Unutilized Reason: Secured Area; Within 2000 ft. of Landholding Agency: Air Force Reason: Extensive deterioration. flammable or explosive material. Property Number: 189010150 Bldg. 261 Bldg. 1468 Status: Unutilized Fairchild Air Force Base Fairchild Air Force Base Reason: Within 2000 ft. of flammable or Fairchild AFB Co: Spokane WA 99011– Fairchild AFB Co: Spokane WA 99011– explosive material Secured Area. Landholding Agency: Air Force Landholding Agency: Air Force Bldg. 3503 Property Number: 189310053 Property Number: 189310063 Fairchild AFB Status: Unutilized Status: Unutilized Fairchild Co: Spokane WA 99011– Reason: Secured Area. Reason: Secured Area; Within 2000 ft. of Landholding Agency: Air Force Bldg. 284 flammable or explosive material. Property Number: 189010151 Fairchild Air Force Base Bldg. 1469 Status: Unutilized Fairchild AFB Co: Spokane WA 99011– Fairchild Air Force Base Landholding Agency: Air Force Reason: Secured Area. Fairchild AFB Co: Spokane WA 99011– Property Number: 189310054 Bldg. 3504 Landholding Agency: Air Force Status: Unutilized Fairchild AFB Property Number: 189310064 Reason: Secured Area. Fairchild Co: Spokane WA 99011– Status: Unutilized Landholding Agency: Air Force Facility 923 Reason: Secured Area; Within 2000 ft. of Property Number: 189010152 Fairchild Air Force Base flammable or explosive material. Fairchild AFB Co: Spokane WA 99011– Status: Unutilized Bldg. 2450 Reason: Secured Area. Landholding Agency: Air Force Property Number: 189310055 Fairchild Air Force Base Bldg. 3505 Status: Unutilized Fairchild AFB Co: Spokane WA 99011– Fairchild AFB Reason: Secured Area. Landholding Agency: Air Force Fairchild Co: Spokane WA 99011– Property Number: 189310065 Bldg. 1330 Landholding Agency: Air Force Status: Unutilized Fairchild Air Force Base Property Number: 189010153 Reason: Secured Area; Within 2000 ft. of Fairchild AFB Co: Spokane WA 99011– Status: Unutilized flammable or explosive material. Landholding Agency: Air Force Reason: Secured Area. Property Number: 189310056 Bldg. 1, Waste Annex Bldg. 3506 Status: Unutilized West of Craig Road Co: Spokane WA 99022– Fairchild AFB Reason: Secured Area; Within 2000 ft. of Landholding Agency: Air Force Fairchild Co: Spokane WA 99011– flammable or explosive material. Property Number: 189320043 Landholding Agency: Air Force Bldg. 1336 Status: Unutilized Property Number: 189010154 Fairchild Air Force Base Reason: Secured Area. Status: Unutilized Fairchild AFB Co: Spokane WA 99011– Bldg. 1220 Reason: Secured Area. Landholding Agency: Air Force Fairchild Air Force Base Bldg. 3507 Property Number: 189310057 Fairchild AFB Co: Spokane WA 99011– Fairchild AFB Status: Unutilized Landholding Agency: Air Force Fairchild Co: Spokane WA 99011– Reason: Secured Area; Within 2000 ft. of Property Number: 189330091 Landholding Agency: Air Force flammable or explosive material. Status: Unutilized Property Number: 189010155 Bldg. 2000 Reason: Within 2000 ft. of flammable or Status: Unutilized Fairchild Air Force Base explosive material; Secured Area. Reason: Secured Area. Fairchild AFB Co: Spokane WA 99011– Bldg. 1224 Bldg. 3510 Landholding Agency: Air Force Fairchild Air Force Base Fairchild AFB Property Number: 189310058 Fairchild AFB Co: Spokane WA 99011– Fairchild Co: Spokane WA 99011– Status: Unutilized Landholding Agency: Air Force Landholding Agency: Air Force Reason: Secured Area; Within 2000 ft. of Property Number: 189330092 Property Number: 189010156 flammable or explosive material. Status: Unutilized Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices 8151

Reason: Within 2000 ft. of flammable or Landholding Agency: Air Force Status: Unutilized explosive material; Secured Area. Property Number: 189320033 Reason: Other; Isolated area; Not accessible Bldg. 2004 Status: Unutilized by road Fairchild Air Force Base Reason: Secured Area. Comment: Isolated and remote area; Arctic Fairchild AFB Co: Spokane WA 99011– Wyoming coast. Landholding Agency: Air Force Bldg. 31 Nikolski Radio Relay Site Property Number: 189330093 F.E. Warren Air Force Base 21 CSG/DEER Status: Unutilized Cheyenne Co: Laramie WY 82005– Elmendorf AFB Co: Anchorage AK 99506– Reason: Secured Area. Landholding Agency: Air Force 5000 Bldg. 2018 Property Number: 189010198 Landholding Agency: Air Force Fairchild Air Force Base Status: Unutilized Property Number: 189010432 Fairchild AFB Co: Spokane WA 99011– Reason: Secured Area. Status: Unutilized Landholding Agency: Air Force Reason: Other; Isolated area; Not accessible Bldg. 34 Property Number: 189330094 by road. F.E. Warren Air Force Base Status: Unutilized Comment: Isolated and remote area; Arctic Cheyenne Co: Laramie WY 82005– Reason: Within 2000 ft. of flammable or coast. Landholding Agency: Air Force explosive material; Secured Area. Property Number: 189010199 California Bldg. 2150 Status: Unutilized Naval Air Station, Miramar Fairchild Air Force Base Reason: Secured Area. SAn Diego Co: San Diego CA 92145–5005 Fairchild AFB Co: Spokane WA 99011– Bldg. 37 Landholding Agency: Navy Landholding Agency: Air Force F.E. Warren Air Force Base Property Number: 779440026 Property Number: 189330095 Cheyenne Co: Laramie WY 82005– Status: Underutilized Status: Unutilized Landholding Agency: Air Force Reason: Within airport runway clear zone; Reason: Within 2000 ft. of flammable or Property Number: 189010200 Other explosive material; Secured Area. Status: Unutilized Comment: Inaccessible. Bldg. 2164 Reason: Secured Area. Florida Fairchild Air Force Base Bldg. 284 Fairchild AFB Co: Spokane WA 99011– Land F.E. Warren Air Force Base Landholding Agency: Air Force MacDill Air Force Base Cheyenne Co: Laramie WY 82005– Property Number: 189330096 6601 S. Manhattan Avenue Landholding Agency: Air Force Status: Unutilized Tampa Co: Hillsborough FL 33608– Property Number: 189010201 Reason: Within 2000 ft. of flammable or Landholding Agency: Air Force Status: Unutilized explosive material; Secured Area. Property Number: 189030003 Reason: Secured Area. Status: Excess Bldg. 57 Bldg. 385 Reason: Floodway. Naval Supply Center Puget Sound F.E. Warren Air Force Base Manchester Co: Kitsap WA 98353– Boca Chica Field Cheyenne Co: Laramie WY 82005– Landholding Agency: Navy Naval Air Station Landholding Agency: Air Force Property Number: 779010091 Key West Co: Monroe FL 23040– Property Number: 189010202 Status: Unutilized Landholding Agency: Navy Status: Unutilized Reason: Within 2000 ft. of flammable or Property Number: 779010097 Reason: Secured Area. explosive material; Secured Area. Status: Unutilized Bldg. 2780 Reason: Floodway. Bldg. 47 (Report 1) Warren Air Force Base # Naval Supply Center Puget Sound East Martello Battery 2 Cheyenne Co: Laramie WY 82005–5000 Manchester Co: Kitsap WA 98353– Naval Air Station Landholding Agency: Air Force Landholding Agency: Navy Key West Co: Monroe FL 33040– Property Number: 189240005 Property Number: 779010230 Landholding Agency: Navy Status: Unutilized Status: Unutilized Property Number: 779010275 Reason: Secured Area. Reason: Secured Area. Status: Excess Bldg. 2781 Reason: Within airport runway clear zone. Bldg. 14 Warren Air Force Base Naval Undersea Warfare Center Div., Keyport Georgia Cheyenne Co: Laramie WY 82005–5000 Co: Kitsap WA 98345–7610 Landholding Agency: Air Force Naval Submarine Base Landholding Agency: Navy Property Number: 189240006 Grid G–5 to G–10 to Q–6 to P–2 Property Number: 779440001 Status: Unutilized Kings Bay Co: Camden GA 31547– Status: Unutilized Reason: Secured Area. Landholding Agency: Navy Reason: Secured Area. Property Number: 779010228 Bldg. 39 Land (by State) Status: Underutilized Naval Undersea Warfare Center Co: Kitsap Alaska Reason: Secured Area. WA 98345– Campion Air Force Station Maryland Landholding Agency: Navy 21 CSG/DEER Property Number: 779510020 Land Elmendorf AFB Co: Anchorage AK 99506– Status: Unutilized Brandywine Storage Annex 5000 Reason: Secured Area; Extensive 1776 ABW/DE Brandywine Road, Route 381 Landholding Agency: Air Force deterioration. Andrews AFB Co: Prince Georges MD 20613– Property Number: 189010430 Landholding Agency: Air Force Wisconsin Status: Unutilized Property Number: 189010263 Bldg. 204, 440 Airlift Wing Reason: Other; Isolated area; Not accessible Status: Unutilized Gen. Mitchell IAP by road Reason: Secured Area. Milwaukee Co: Milwaukee WI 53207–6299 Comment: isolated and remote area; Arctic 5,635 sq. ft. of Land Landholding Agency: Air Force environment. Solonon’s Annex Property Number: 189320032 Lake Louise Recreation Solomon’s MD Status: Unutilized 21 CSG–DEER Landholding Agency: Navy Reason: Secured Area. Elmendorf AFB Co: Anchorage AK 99506– Property Number: 779230001 Bldg. 306, 440 Airlift Wing 5000 Status: Excess Gen. Mitchell IAP Landholding Agency: Air Force Reason: Other Milwaukee Co: Milwaukee WI 53207–6299 Property Number: 189010431 Comment: Drainage Ditch. 8152 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices

New Mexico Status: Unutilized Virginia Air National Guard Facility 75100 Reason: Secured Area. Virginia Beach Co: (See County) VA 23451– Holloman Air Force Base Co: Otero NM Virginia Landholding Agency: Air Force Property Number: 189010589 88330– Parcel 1 (Byrd Field) Landholding Agency: Air Force Status: Unutilized Richmond IAP Reason: Secured Area. Property Number: 189240043 5680 Beulah Road Status: Unutilized Richmond Co: Henrico VA 23150– Washington Reason: Secured Area. Landholding Agency: Air Force Fairchild AFB Puerto Rico Property Number: 189010435 SE corner of base Status: Unutilized Destino Tract Fairchild AFB Co: Spokane WA 99011– Reason: Floodway. Eastern Maneuver Area Landholding Agency: Air Force Vieques PR 00765– Parcel 3, (Byrd Field) Property Number: 189010137 Landholding Agency: Navy Richmond IAP Status: Unutilized Property Number: 779240016 5680 Beulah Road Reason: Secured Area. Status: Excess Richmond Co: Henrico VA 23150– Fairchild AFB Landholding Agency: Air Force Reason: Other Fairchild AFB Co: Spokane WA 99011– Property Number: 189010436 Comment: Inaccessible. Location: NW corner of base Status: Unutilized Punta Figueras—Naval Station Landholding Agency: Air Force Reason: Within 2000 ft. of flammable or Property Number: 189010138 Ceiba PR 00735– explosive material. Landholding Agency: Navy Status: Unutilized Parcel 2, (Byrd Field) Property Number: 779240017 Reason: Secured Area. Richmond IAP Status: Excess Land (Report 2), 234 acres 5680 Beulah Road Reason: Floodway. Naval Supply Center, Puget Sound Richmond Co: Henrico VA 23150– Manchester Co: Kitsap WA 98353– South Dakota Landholding Agency: Air Force Landholding Agency: Navy Property Number: 189010437 Badlands Bomb Range Property Number: 779010231 Status: Unutilized 60 miles southeast of Rapid City, SD Status: Unutilized 1 Reason: Within 2000 ft. of flammable or 1 ⁄2 miles south of Highway 44 Co: Shannon Reason: Secured Area. SD explosive material; Secured Area. Landholding Agency: Air Force ANG Site [FR Doc. 96–4436 Filed 2–29–96; 8:45 am] Property Number: 189210003 Camp Pendleton BILLING CODE 4210±29±M federal register March 1,1996 Friday Harmonisation; Notice International Conferenceon Food andDrugAdministration Services Health andHuman Department of Part III 8153 8154 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices

DEPARTMENT OF HEALTH AND been undertaken by regulatory assessments of applications. The HUMAN SERVICES authorities and industry associations to objectives of carcinogenicity studies are promote international harmonization of to identify a tumorigenic potential in Food and Drug Administration regulatory requirements. FDA has animals and to understand the potential [Docket No. 95D±0217] participated in many meetings designed for such risk in humans. Any cause for to enhance harmonization and is concern derived from laboratory International Conference on committed to seeking scientifically investigations, animal toxicity studies, Harmonisation; Final Guideline on the based harmonized technical procedures and data in humans may lead to a need Need for Long-Term Rodent for pharmaceutical development. One of for carcinogenicity studies. The Carcinogenicity Studies of the goals of harmonization is to identify fundamental considerations in assessing Pharmaceuticals; Availability and then reduce differences in technical the need for carcinogenicity studies are requirements for drug development the maximum duration of patient AGENCY: Food and Drug Administration, among regulatory agencies. treatment and any perceived cause for HHS. ICH was organized to provide an concern arising from other ACTION: Notice. opportunity for tripartite harmonization investigations. Other factors may also be initiatives to be developed with input considered such as the intended patient SUMMARY: The Food and Drug from both regulatory and industry population, prior assessment of Administration (FDA) is publishing a representatives. FDA also seeks input carcinogenic potential, the extent of final guideline entitled ‘‘Guideline on from consumer representatives and systemic exposure, the (dis)similarity to the Need for Long-Term Rodent others. ICH is concerned with endogenous substances, the appropriate Carcinogenicity Studies of harmonization of technical study design, or the timing of study Pharmaceuticals.’’ The guideline was requirements for the registration of performance relative to clinical prepared under the auspices of the pharmaceutical products among three development. International Conference on regions: The European Union, Japan, In the past, guidelines have generally Harmonisation of Technical and the United States. The six ICH been issued under § 10.90(b) (21 CFR Requirements for Registration of sponsors are the European Commission, 10.90(b)), which provides for the use of Pharmaceuticals for Human Use (ICH). the European Federation of guidelines to state procedures or The guideline is intended to define the Pharmaceutical Industries Associations, standards of general applicability that conditions for which carcinogenicity the Japanese Ministry of Health and are not legal requirements but are studies should be conducted, to provide Welfare, the Japanese Pharmaceutical acceptable to FDA. The agency is now guidance to avoid the unnecessary use Manufacturers Association, the Centers in the process of revising § 10.90(b). of animals in testing, and to provide for Drug Evaluation and Research and Although this guideline does not create consistency in worldwide regulatory Biologics Evaluation and Research, or confer any rights on or for any person assessments of applications. FDA, and the Pharmaceutical Research and does not operate to bind FDA in any DATES: Effective March 1, 1996. Submit and Manufacturers of America. The ICH way, it does represent the agency’s written comments at any time. Secretariat, which coordinates the current thinking on long-term rodent ADDRESSES: Submit written comments preparation of documentation, is carcinogenicity studies of on the guideline to the Dockets provided by the International pharmaceuticals. Management Branch (HFA–305), Food Federation of Pharmaceutical As with all of FDA’s guidelines, the and Drug Administration, 12420 Manufacturers Associations (IFPMA). public is encouraged to submit written The ICH Steering Committee includes Parklawn Dr., rm. 1–23, Rockville, MD comments with new data or other new representatives from each of the ICH 20857. Copies of the guideline are information pertinent to this guideline. sponsors and the IFPMA, as well as available from the Division of The comments in the docket will be observers from the World Health Communications Management (HFD– periodically reviewed, and, where Organization, the Canadian Health 210), Center for Drug Evaluation and appropriate, the guideline will be Protection Branch, and the European Research, Food and Drug amended. The public will be notified of Free Trade Area. Administration, 7500 Standish Pl., any such amendments through a notice In the Federal Register of August 21, in the Federal Register. Rockville, MD 20855, 301–594–1012. 1995 (60 FR 43498), FDA published a An electronic version of this guideline Interested persons may, at any time, draft tripartite guideline entitled submit written comments on the final is also available via Internet by ‘‘Conditions Which Require connecting to the CDER file transfer guideline to the Dockets Management Carcinogenicity Studies for Branch (address above). Two copies of protocol (FTP) server Pharmaceuticals.’’ The notice gave (CDVS2.CDER.FDA.GOV). any comments are to be submitted, interested persons an opportunity to except that individuals may submit one FOR FURTHER INFORMATION CONTACT: submit comments by October 5, 1995. Regarding the guideline: Joy A. copy. Comments are to be identified After consideration of the comments with the docket number found in Cavagnaro, Center for Biologics received and revisions to the guideline, Evaluation and Research (HFM– brackets in the heading of this a final draft of the guideline was document. The guideline and received 500), Food and Drug submitted to the ICH Steering Administration, 1401 Rockville comments may be seen in the office Committee and endorsed by the three above between 9 a.m. and 4 p.m., Pike, Rockville, MD 20852, 301– participating regulatory agencies at the 827–0379. Monday through Friday. ICH meeting held on November 29, The text of the guideline follows: Regarding ICH: Janet Showalter, 1995. Office of Health Affairs (HFY–1), The guideline is intended to define Guideline on the Need for Long-Term Food and Drug Administration, the conditions for which carcinogenicity Rodent Carcinogenicity Studies of 5600 Fishers Lane, Rockville, MD studies should be conducted, to provide Pharmaceuticals 20857, 301–443–1382. guidance to avoid the unnecessary use 1. Introduction SUPPLEMENTARY INFORMATION: In recent of animals in testing, and to provide The objectives of carcinogenicity studies years, many important initiatives have consistency in worldwide regulatory are to identify a tumorigenic potential in Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices 8155 animals and to assess the relevant risk in (dis)similarity to endogenous substances, the assay for genotoxicity does not necessarily humans. Any cause for concern derived from appropriate study design, or the timing of mean that the test compound poses a laboratory investigations, animal toxicology study performance relative to clinical genotoxic hazard to humans (see the ICH studies, and data in humans may lead to a development. Guideline on Specific Aspects of Regulatory need for carcinogenicity studies. The practice Genotoxicity Tests). 4. Factors to Consider for Carcinogenicity of requiring carcinogenicity studies in Testing 4.4 Indication and Patient Population rodents was instituted for pharmaceuticals that were expected to be administered 4.1 Duration and Exposure When carcinogenicity studies are required regularly over a substantial part of a patient’s they usually need to be completed before Carcinogenicity studies should be application for marketing approval. However, lifetime. The design and interpretation of the performed for any pharmaceutical whose results from these studies preceded much of completed rodent carcinogenicity studies are expected clinical use is continuous for at not needed in advance of the conduct of large the available current technology to test for least 6 months (see Note 1). genotoxic potential and the more recent scale clinical trials unless there is special Certain classes of compounds may not be concern for the patient population. advances in technologies to assess systemic used continuously over a minimum of 6 exposure. These studies also preceded our For pharmaceuticals developed to treat months but may be expected to be used certain serious diseases, carcinogenicity current understanding of tumorigenesis with repeatedly in an intermittent manner. It is nongenotoxic agents. Results from testing need not be conducted before market difficult to determine and to justify approval although these studies should be genotoxicity studies, toxicokinetics, and scientifically what time represents a mechanistic studies can now be routinely conducted post-approval. This speeds the clinically relevant treatment period for availability of pharmaceuticals for life- applied in preclinical safety assessment. frequent use with regard to carcinogenic These additional data are important not only threatening or severely debilitating diseases, potential, especially for discontinuous especially where no satisfactory alternative in considering whether to perform treatment periods. For pharmaceuticals used carcinogenicity studies but for interpreting therapy exists. frequently in an intermittent manner in the In instances where the life-expectancy in study outcomes with respect to relevance for treatment of chronic or recurrent conditions, human safety. Since carcinogenicity studies the indicated population is short (i.e., less carcinogenicity studies are generally needed. than 2 to 3 years), no long-term are time consuming and resource intensive, Examples of such conditions include allergic carcinogenicity studies may be required. For they should be performed only when human rhinitis, depression, and anxiety. example, oncolytic agents intended for exposure warrants the need for information Carcinogenicity studies may also need to be treatment of advanced systemic disease do from life-time studies in animals in order to considered for certain delivery systems not generally need carcinogenicity studies. In assess carcinogenic potential. which may result in prolonged exposures. cases where the therapeutic agent for cancer 2. Historical Background Pharmaceuticals administered infrequently is generally successful and life is or for short duration of exposure (e.g., In Japan, according to the 1990 significantly prolonged, there may be later anesthetics and radiolabeled imaging agents) concerns regarding secondary cancers. When ‘‘Guidelines for Toxicity Studies of Drugs do not need carcinogenicity studies unless Manual,’’ carcinogenicity studies were such pharmaceuticals are intended for there is cause for concern. adjuvant therapy in tumor free patients or for needed if the clinical use was expected to be prolonged use in noncancer indications, continuously for 6 months or longer. If there 4.2 Cause for Concern carcinogenicity studies are usually needed. was cause for concern, pharmaceuticals Carcinogenicity studies may be generally used continuously for less than 6 recommended for some pharmaceuticals if 4.5 Route of Exposure months may have needed carcinogenicity there is concern about their carcinogenic The route of exposure in animals should be studies. In the United States, most potential. Criteria for defining these cases the same as the intended clinical route when pharmaceuticals were tested in animals for should be very carefully considered because feasible (see the ICH Guideline on Dose their carcinogenic potential before this is the most important reason to conduct Selection for Carcinogenicity Studies of widespread use in humans. According to the carcinogenicity studies for most categories of Pharmaceuticals). If similar metabolism and U.S. Food and Drug Administration, pharmaceuticals. Several factors which could systemic exposure can be demonstrated by pharmaceuticals generally used for 3 months be considered may include: (1) Previous differing routes of administration, or more necessitated carcinogenicity studies. demonstration of carcinogenic potential in carcinogenicity studies should only be In Europe, the Rules Governing Medicinal the product class that is considered relevant conducted by a single route, recognizing that Products in the European Community to humans; (2) structure-activity relationship it is important that relevant organs for the defined the circumstances when suggesting carcinogenic risk; (3) evidence of clinical route (e.g., lung for inhalational carcinogenicity studies were required. These preneoplastic lesions in repeated dose agents) be adequately exposed to the test circumstances included administration over toxicity studies; and (4) long-term tissue material. Evidence of adequate exposure may a substantial period of life, i.e., continuously retention of parent compound or be derived from pharmacokinetic data (see during a minimum period of 6 months or metabolite(s) resulting in local tissue the ICH Guideline on Repeated Dose Tissue frequently in an intermittent manner so that reactions or other pathophysiological Distribution Studies). the total exposure was similar. responses. 4.6 Extent of Systemic Exposure 3. Objective of the Guideline 4.3 Genotoxicity Pharmaceuticals applied topically (e.g., The objective of this guideline is to define Unequivocally genotoxic compounds, in dermal and ocular routes of administration) the conditions under which carcinogenicity the absence of other data, are presumed to be may need carcinogenicity studies. studies should be conducted to avoid the transspecies carcinogens, implying a hazard Pharmaceuticals showing poor systemic unnecessary use of animals in testing, and to to humans. Such compounds need not be exposure from topical routes in humans may provide consistency in worldwide regulatory subjected to long-term carcinogenicity not need studies by the oral route to assess assessments of applications. It is expected studies. However, if such a drug is intended the carcinogenic potential to internal organs. that these studies will be performed in a to be administered chronically to humans, a Where there is cause for concern for manner that reflects currently accepted chronic toxicity study (up to 1 year) may be photocarcinogenic potential, carcinogenicity scientific standards. necessary to detect early tumorigenic effects. studies by dermal application (generally in The fundamental considerations in Assessment of the genotoxic potential of a mice) may be needed. Pharmaceuticals assessing the need for carcinogenicity studies compound should take into account the administered by the ocular route may not are the maximum duration of patient totality of the findings and acknowledge the need carcinogenicity studies unless there is treatment and any perceived cause for intrinsic value and limitations of both in cause for concern or unless there is concern arising from other investigations. vitro and in vivo tests. The test battery significant systemic exposure. Other factors may also be considered such as approach of in vitro and in vivo tests is For different salts, acids, or bases of the the intended patient population, prior designed to reduce the risk of false negative same therapeutic moiety, where prior assessment of carcinogenic potential, the results for compounds with genotoxic carcinogenicity studies are available, extent of systemic exposure, the potential. A single positive result in any evidence should be provided that there are 8156 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices no significant changes in pharmacokinetics, pituitary-derived growth hormone, and of human safety are often cause for debate. pharmacodynamics, or toxicity. When calcitonin). Further research may be needed, changes in exposure and consequent toxicity Although not usually necessary, long-term investigating the mode of action, which may are noted, additional bridging studies may be carcinogenicity studies in rodent species result in confirming the presence or the lack used to determine whether additional should be considered for the other of carcinogenic potential for humans. carcinogenicity studies are needed. For esters biotechnology products noted above if Mechanistic studies are useful to evaluate the and complex derivatives, similar data would indicated by the treatment duration, clinical relevance of tumor findings in animals for be valuable in assessing the need for an indication, or patient population (provided additional carcinogenicity study, but this neutralizing antibodies are not elicited to human safety. should be considered on a case-by-case basis. such an extent in repeated dose studies as to Supplementary Note invalidate the results). Conduct of Note 1: It is expected that most 4.7 Endogenous Peptides and Protein carcinogenicity studies may be important in pharmaceuticals indicated for 3-months Substances or Their Analogs the following circumstances: (1) For products treatment would also likely be used for 6 Endogenous peptides or proteins and their where there are significant differences in months. In an inquiry to a number of analogs produced by chemical synthesis, by biological effects to the natural pharmaceutical research and regulatory extraction/purification from an animal/ counterpart(s); (2) for products where groups, no cases were identified in which a human source, or by biotechnological modifications lead to significant changes in pharmaceutical would be used only for 3 methods such as recombinant DNA structure compared to the natural months. technology, may require special counterpart; and (3) for products resulting in considerations. humans in a significant increase over the Dated: February 23, 1996 Carcinogenicity studies are not generally existing local or systemic concentration (i.e., William K. Hubbard, needed for endogenous substances given pharmacological levels). Associate Commissioner for Policy essentially as replacement therapy (i.e., Coordination. physiological levels), particularly where 5. Need for Additional Testing there is previous clinical experience with The relevance of the results obtained from [FR Doc. 96–4791 Filed 2–29–96; 8:45 am] similar products (e.g., animal insulins, animal carcinogenicity studies for assessment BILLING CODE 4160±01±F federal register March 1,1996 Friday Disabilities; FinalRule Related AssistanceforIndividualsWith State GrantsProgramforTechnology- 34 CFRPart345 Education Department of Part IV 8157 8158 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Rules and Regulations

DEPARTMENT OF EDUCATION On August 9, 1995, the Secretary Discussion: The language ‘‘sparsely published a notice of proposed populated, with a wide geographic 34 CFR Part 345 rulemaking for this program in the spread’’ comes directly from the Act in Federal Register (60 FR 40688). The section 103(c)(1)(D)(ii). The Secretary RIN 1820±AB28 preamble to the notice of proposed believes that adding the additional rulemaking (60 FR 40688 - 40690) statutory language ‘‘with a wide State Grants Program for Technology- included a summary and discussion of geographic spread’’ will help to clarify Related Assistance for Individuals the 1994 Amendments and other major ‘‘sparsely populated’’. With Disabilities issues that were addressed in the Changes: The Secretary has added the proposed regulations. statutory language ‘‘with a wide AGENCY: Department of Education. geographic spread’’ as stated in section Analysis of Comments and Changes ACTION: Final regulations. 103(c)(1)(D)(ii) of the Act. In response to the Secretary’s SUMMARY: The Secretary issues these invitation in the notice of proposed Public Agencies and Lead Agencies final regulations for the State Grants rulemaking, 5 parties submitted (§ 345.4, 345.5) Program for Technology-Related comments on the proposed regulations, Comments: One letter requested a Assistance for Individuals with including one letter that represented the clarification of what constitutes a public Disabilities. This program provides comments of 28 parties. An analysis of agency. The commenter also asked grants to States to support systems the comments and of the changes in the whether a State must designate both a change and advocacy activities designed regulations since publication of the responsible public agency and a lead to assist States in developing and notice of proposed rulemaking follows. agency. implementing consumer-responsive Major issues are grouped according to Discussion: The regulations already comprehensive Statewide programs of subject, with appropriate sections of the refer to the definition of ‘‘public’’ in 34 technology-related assistance. These regulations referenced in parentheses. CFR 77.1. The Secretary believes this regulations are needed to implement the Technical and other minor changes are definition is sufficient guidance Technology-Related Assistance for not addressed. regarding what constitutes a public Individuals with Disabilities Act agency. The Act does not require the Purposes of the Program (§ 345.2) Amendments of 1994. The final lead agency also to be a public agency, regulations incorporate statutory Comments: Commenters stated that but does require that money received requirements and provide rules for the proposed § 345.2 omitted two from this program must flow through a applying for and spending Federal purposes pertaining to Federal policy as public agency. Although a structure that funds under this program. contained in sections 2(b) (2) and (3) of uses two agencies could result in EFFECTIVE DATES: These regulations take the Act. The commenters recommended additional administrative complexity, effect April 1, 1996. Compliance with that the Secretary include all purposes the Act permits this type of arrangement §§ 345.30, 345.31, 345.42, 345.50, of the Act. which the Secretary is not authorized to 345.53, and 345.55 is not required until Discussion: The Secretary listed in the change. the information collection requirements proposed regulations only those Changes: None. purposes in section 2(b)(1) of the Act in those sections have been approved by University-Affiliated Program (§ 345.6) the Office of Management and Budget because section 102(e)(7) of the Act (OMB). specifically requires States to make an Comments: Commenters thought it assurance that it will carry out activities would be helpful if the Secretary FOR FURTHER INFORMATION CONTACT: to meet the purposes in section 2(b)(1). included in the regulations a notation Carol G. Cohen. Telephone: (202) 205– The Secretary did not intend to imply that a university-affiliated program is 5666. Individuals who use a that sections 2(b) (2) and (3) were not generally also a public agency. telecommunications device for the deaf important purposes of the Act. The Discussion: The Secretary does not (TDD) may call the Federal Information Secretary believes that the purposes in believe it is necessary to add the Relay Service (FIRS) at 1–800–877–8339 sections 2(b) (2) and (3) authorize, but language that the commenters between 8 a.m. and 5 p.m., Eastern time, do not require, grantees to carry out suggested. The Secretary believes it Monday through Friday. activities to accomplish these purposes. could be confusing to add the word SUPPLEMENTARY INFORMATION: These Therefore, the Secretary believes that a ‘‘generally’’ rather than giving a specific proposed regulations would implement reference to these purposes in the rule. Also, the regulations already refer Title I of the Technology-Related regulatory provision that lists allowable to the definition of public in 34 CFR Assistance for Individuals with program activities is necessary. 77.1, which the Secretary believes is Disabilities Act of 1988 (the Act), as Changes: The Secretary adds the sufficient guidance about whether a amended by the Technology-Related purposes in sections 2(b)(2) and (3) of university-affiliated program constitutes Assistance for Individuals with the Act to § 345.2. In addition, the a public agency. Furthermore, the Disabilities Act Amendments of 1994 Secretary adds paragraph (4) to Developmental Disabilities Assistance (1994 Amendments) (Pub. L. 103–218, § 345.20(b) to reflect that States may and Bill of Rights Act (Developmental enacted March 9, 1994). Title I of the carry out activities that accomplish the Disabilities Assistance Act) specifies Act establishes the State Grants Program purposes in sections 2(b)(2) and (3). All that university-affiliated programs are for Technology-Related Assistance for cross-references have been amended to public agencies if they are associated Individuals with Disabilities. This reflect these changes. with a public entity. program provides grants to States to Changes: None. support systems change and advocacy Increases in Extension Grants (§ 345.3) activities designed to assist States in Comments: One commenter urged the Allowable Expenses (§ 345.20(d)) developing and implementing Secretary to add the statutory language Comments: One commenter stated consumer-responsive comprehensive ‘‘with a wide geographic spread’’ in that the term ‘‘in financial need’’ used Statewide programs of technology- § 345.3 to clarify which States are in § 345.20(d) needs clarification. The related assistance. sparsely populated. commenter stated that many definitions Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Rules and Regulations 8159 would include only individuals Changes: None. apportion the indirect cost rate to the receiving some State or Federal discretion of States and the Secretary Contracting To Provide Protection and assistance and would exclude many supports giving States the flexibility to Advocacy Services (§ 345.30(b)(12)(ii)) individuals who might otherwise be negotiate these rates. unable to participate in the program Comments: Commenters advised the Changes: None. activities. The commenter also stated Secretary that they believed the regulations omitted a section of the Act Compliance With Section 508 of the that the term ‘‘eligible’’ needed Rehabilitation Act of 1973 (§ 345.31(d)) clarification. that allows States to continue to Commenters also urged the Secretary contract with an entity that is capable of Comments: Commenters expressed to add to the list of examples of performing the functions that would the belief that, because the Secretary’s allowable expenses items such as child otherwise be performed by the interpretation of section 508 of the care, respite care, drivers, and other protection and advocacy services Rehabilitation Act of 1973 (section 508) supportive services. providers. was broad, the interpretation needed to Discussion: In implementing this Discussion: The Secretary provides for be clarified in the regulations. These program, the Secretary has attempted to that statutory option in § 345.55(a)(i). commenters also pointed out that the give States and subrecipients the most The Secretary recognizes that the language in the preamble summarizing flexibility and autonomy possible while proposed regulations did not refer to this section was overly inclusive adhering to the purposes of the statute. that statutory option in the regulatory because it stated that section 508 would The Secretary believes that the State provisions regarding the content of an apply to ‘‘all offices, agencies, and should make determinations regarding application for a development grant. entities in a State.’’ Furthermore, financial need and which individuals to The Secretary believes it would be commenters stated that the Secretary support. The Secretary believes this useful and helpful to users of the needs to clarify what entities are matter is best determined on a case-by- regulations to refer to this option in included as a part of ‘‘the State’’ for the case basis and that a single regulatory discussing application content. purposes of the assurance that the State rule would not meet all States’ Changes: In § 345.30(b)(12)(i), the will comply with guidelines established concerns. Also, ‘‘eligible’’ was used only Secretary has added a reference to the under section 508. in the preamble to the notice of provision regarding the statutory option. Discussion: Based on the language in proposed rulemaking and not in the Indirect Costs (§ 345.30(b)(14)) the Act and section 508, the Secretary proposed regulations. As used in the believes that the requirements of section preamble to the notice of proposed Comments: Commenters stated that 508 apply broadly. In the proposed rulemaking, ‘‘eligible’’ referred to those the Secretary should provide more regulations, the Secretary intended to participants that the State determined guidance regarding the implementation reflect that section 508 applies to the could participate in the program. of the 10 percent cap on indirect costs. State (including any State offices, Moreover, the regulations allow a The commenters requested more agencies, and entities) and all recipients State to include the suggested additional guidance on whether the 10 percent cap and subrecipients of funds made examples as allowable expenses. The on indirect costs applies to the lead available to the State under the Act. The Secretary believes that each State agency, the lead agency’s Secretary believes it is unnecessary to should have the flexibility to make its subcontractors, or a combination of regulate what entities are encompassed own determination about what expenses both. Another commenter, who is a in the term ‘‘the State’’ because each may be necessary to ensure access to the subcontractor under this program, stated State should determine which of its comprehensive statewide program. that it had negotiated an agreement, in entities are considered part of the State. Changes: None. the capacity as a lead agency, with In addition, the Secretary believes that another U.S. agency to allocate 12.6 a State needs only to submit an Development Grant Application Content percent of its grants to indirect costs. (§ 345.30(b)(12)(i)) assurance regarding compliance with Therefore, the commenter suggested that section 508. The Secretary believes that Comments: Commenters expressed the final regulations should allow a State should determine how it will their belief that the conjunction between indirect costs for subcontractors to be ensure that its subrecipients comply the Developmental Disabilities limited to an approved indirect cost with section 508. Assistance Act, the Protection and rate, rather than left up to the lead Changes: Because the language in the Advocacy for Mentally Ill Individuals agency to determine. preamble and § 345.31(d) was unclear, Act, and section 509 of the Discussion: As clearly explained in the Secretary has modified the language Rehabilitation Act of 1973 should be an the preamble to the notice of proposed to include a reference to any ‘‘or’’ rather than an ‘‘and’’. The rulemaking, the amount of indirect costs subrecipients. This addition clarifies commenters stated that the ‘‘and’’ may not exceed 10 percent of the total that all State offices, agencies, and implies that a State must contract with amount of the grant as stated in section entities are required to comply with an entity that provides all three of these 102(e)(22) of the Act. Also in the section 508. programs and that in some States preamble, on page 40689, the Secretary multiple entities provide these three states that the indirect cost rate must be Reporting Requirement (§ 345.50(b)) programs. negotiated by the State and the Comments: Commenters expressed Discussion: The conjunction subcontractor or subgrantee. The concern that requiring States to make connecting these three programs is clarifying language used in the preamble reports readily available to the public at correct because it reflects the language is confusing because there is no no extra cost could be burdensome if of the Act. Awards under each of these authority requiring a State to negotiate States may not charge for reasonable programs are made to the protection and an indirect cost rate with a duplication and handling costs. advocacy system designated for each subcontractor or subgrantee; rather, the Discussion: This section of the State. Under the Developmental Secretary strongly encourages States to regulations does not allow a State to Disabilities Assistance Act, there is only negotiate indirect cost rates. The charge for duplication or handling costs, one designated protection and advocacy Secretary declines to regulate on this however, the provision does not require system for each State. issue because the Act leaves how to a State to make copies and send them 8160 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Rules and Regulations out to individuals who request the Changes: In § 345.55(e)(2)(ii), the technology-related assistance in a form report. The Secretary believes a State Secretary has clarified the language that will allow individuals to effectively could make a report readily available to regarding the minimum amount. use the information. The Secretary the public through a variety of means believes that States are capable of State Redesignation of Protection and making determinations regarding how to such as putting the report in a location Advocacy Service Providers (§ 345.63) to which the public has access, a library make information available and how to for example, or making the report Comments: One commenter suggested give notice and to accept comments. available electronically. In making a that the Secretary specify the hearing Therefore, the Secretary gives States report available to the public, a State and posthearing procedures for cases flexibility to set their own procedures. should ensure the public’s access to the that reach the Secretary or incorporate The Secretary disagrees with the report and realize that using only one the procedures that address commenter’s belief that the standard in method of making a report available redesignation under the Developmental § 345.63(a) is too high given a limited may not be sufficient. Disabilities Assistance Act. The amount of resources. Before a protection Changes: None. commenter also suggested that the and advocacy services provider may be Secretary require the type of notice and changed, the regulations require that Minimum Amount for Protection and specific timelines for giving individuals there must be good cause to provide the Advocacy Services (§ 345.55) with disabilities and their protection and advocacy services for the Comments: Commenters questioned representatives timely notice and an State through a contract with a second the reliance on the size of a State’s grant opportunity for public comment. entity. If the only reason a protection In addition, the commenter made in determining the minimum amount and advocacy entity cannot meet the some suggestions regarding how to give that a State must expend on protection needs is because of limited resources, notification in an accessible format. The and advocacy services. other protection and advocacy entities commenter suggested that individuals will face the same difficulties. If the Another commenter stated that the be able to offer verbal or written State chooses to change a protection and language regarding the minimum comments in addition to any public advocacy services provider under the funding amounts to be received by the meetings. State protection and advocacy systems Lastly, the commenter noted that the Act, it may not change the provider was confusing. The commenter standard to meet the protection and simply because the protection and suggested that the Secretary add the advocacy service needs in § 345.63(a) is advocacy entity does not have enough statement in the preamble that there is too high because of limited available resources to meet all the protection and no statutory limit or ceiling on the resources. The commenter suggested advocacy services needs; the State must amount a State may expend on that the Secretary require that an entity also find another provider that it protection and advocacy services. providing services may be changed only believes can better meet the needs. Discussion: The Secretary does not if the protection and advocacy entity The Secretary believes that the State rely solely on the size of the State’s does not set priorities, goals, and and the protection and advocacy grant in determining the minimum objectives in consultation with services provider should work together amount a State must spend on consumers and work toward achieving to define an acceptable and reasonable protection and advocacy activities. As those priorities, goals, and objectives. scope of work based on the amount of required by the Act, the Secretary also Discussion: The Secretary believes resources available. Ideally the State considers other factors in determining using ‘‘redesignate’’ in this context is and the protection and advocacy the minimum protection and advocacy confusing because of the particular services provider would negotiate to amount. These factors include the needs meaning of ‘‘redesignate’’ in the agree on deliverable services and of individuals with disabilities within Developmental Disabilities Assistance expected outcomes. the State, the population of the State, Act. The procedures outlined in Changes: The Secretary changes the and the geographic size of the State. § 345.63 apply only to situations in title of § 345.63 so that changing a Because the Secretary takes the which the State determines that the protection and advocacy service population into account in determining entity providing protection and provider under the Act is not confused the State’s grant, the Secretary believes advocacy services under the Act has not with redesignating a protection and it is appropriate to base the protection met the protection and advocacy service advocacy entity. and advocacy minimum primarily on needs of the individuals with Technical Assistance the size of the State’s. disabilities and their family members, The Secretary agrees that the language guardians, advocates, or authorized Comments: Commenters pointed out regarding the minimum funding representatives under the Act. This that, on page 40689 of the preamble, the amounts to be received by the State process is not to be confused with the Secretary made reference to providing protection and advocacy systems may redesignation of a protection and information and technical assistance to be confusing. The Secretary has clarified advocacy agency when the entire agency participating States, as well as to the language to specify that a minimum is in jeopardy. If a protection and individuals with disabilities, but that amount is established for each State and advocacy agency is being redesignated, there was no mention of the provision the minimum amount may range from then the procedures in the of technical assistance in the $40,000 to $100,000. However, the Developmental Disabilities Assistance regulations. Secretary does not believe it is Act will govern. Discussion: The provision of technical necessary to include in the regulations The Secretary believes it is assistance is an activity performed by the explanatory language used in the unnecessary to regulate the amount of the Secretary and, thus, is not required preamble. The preamble and regulations time and the format for giving notice to be in regulations. As a general clearly explain that each State may have and opportunity for public comment. Department policy, regulations are for a different minimum amount and that Section 345.30(b)(9) requires States to grantees’ use and compliance and not there is no maximum amount. assure that they will make available to for the purpose of regulating the Additional regulations on this issue are individuals with disabilities and their Department. unnecessary. family members information concerning Changes: None. Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Rules and Regulations 8161

Performance Guidelines records. To the extent the and the regulations in 34 Part 79. The Comments: Commenters noted that Developmental Disabilities Assistance objective of the Executive order is to the language regarding performance Act governs a protection and advocacy foster an intergovernmental partnership guidelines on pages 40689–40690 of the system, those right of access provisions and a strengthened federalism by preamble was not in the regulations and would apply. relying on processes developed by State Changes: None. existed only in the preamble. The and local governments for coordination and review of proposed Federal commenters suggested that the Secretary Executive Order 12866 clarify the language. They also financial assistance. These final regulations have been In accordance with the order, this suggested that the guidelines should be reviewed in accordance with Executive document is intended to provide early distributed well in advance of progress Order 12866. Under the terms of the notification of the Department’s specific report and application deadlines to order the Secretary has assessed the plans and actions for this program. allow States to collect needed potential costs and benefits of this information and to understand what is regulatory action. Assessment of Educational Impact expected of them. The potential costs associated with Based on the response to the proposed Discussion: The Department is the final regulations are those resulting regulations and on its own review, the currently developing the performance from statutory requirements and those Department has determined that the guidelines with input from the States. determined by the Secretary to be regulations in this document do not Once the performance guidelines are necessary for administering this require transmission of information that finalized the Secretary will make them program effectively and efficiently. is being gathered by or is available from available to the States. Under a new In assessing the potential costs and any other agency or authority of the Department policy regarding non- benefits—both quantitative and United States. competing continuation grants, the qualitative—of these regulations, the List of Subjects in 34 CFR Part 345 Department will not require Secretary has determined that the submissions of project performance benefits of the regulations justify the Disabled, Education, Grant program- reports until seven months after the costs. education, Handicapped, Reporting and beginning of a project period at the recordkeeping requirements, Science earliest. Thus, the guidelines will be Summary of Potential Costs and and technology. available well in advance of any Benefits Dated: January 16, 1996. reporting deadlines. The Secretary The potential costs and benefits of Howard R. Moses, expects the performance guidelines to these final regulations are discussed remain the same for the entire Acting Assistant Secretary for Special elsewhere in this preamble under the Education and Rehabilitative Services. authorization of the program. Therefore, following heading: Analysis of grantees may use the same guidelines (Catalog of Federal Domestic Assistance Comments and Changes. Number 84.224—State Grants Program for every year and will know exactly what Paperwork Reduction Act of 1995 Technology-Related Assistance for is expected of them. Individuals with Disabilities) Because these guidelines are not Sections 345.30, 345.31, 345.42, binding, the Secretary will not publish 345.50, 345.53, and 345.55 contain The Secretary amends Title 34 of the the guidelines in the regulations. information collection requirements. As Code of Federal Regulations by revising Changes: None. required by the Paperwork Reduction Part 345 to read as follows: Act of 1995 (44 U.S.C. 3507(d)), the Recycling Devices PART 345ÐSTATE GRANTS Department of Education has submitted PROGRAM FOR TECHNOLOGY- Comments: Commenters suggested a copy of these sections to the OMB for RELATED ASSISTANCE FOR that in order for the Secretary to its review. INDIVIDUALS WITH DISABILITIES administer the recycling of assistive Collection of Information: State technology devices as discussed on page Grants Program for Technology-Related Subpart AÐGeneral 40690 of the preamble, he would need Assistance for Individuals with Sec. to formally encourage individuals and Disabilities. 345.1 What is the State Grants Program for provide information regarding who to States are eligible to apply for grants Technology-Related Assistance for call to facilitate recycling. under these regulations. The Individuals with Disabilities? Discussion: The Secretary only Department needs and uses the 345.2 What are the purposes of the State recommends recycling and cannot information to make grants and to grants program for technology-related mandate recycling because it is evaluate a recipient’s performance. assistance for individuals with allowable, not mandatory, under the Annual public reporting burden for this disabilities? 345.3 What are the types of awards under Act. The Secretary is gathering collection of information is estimated to this program? information about recycling devices and be 30 hours per response for 56 345.4 Who is eligible to receive a will provide that information once the respondents, including the time for development grant? Department completes the project. reviewing instructions, searching 345.5 What are the responsibilities of the Changes: None. existing data sources, gathering and lead agency or public agency in applying maintaining the data needed, and for and in administering a development Access to Records completing and reviewing the collection grant? Comments: One commenter suggested of information. Thus, the total annual 345.6 How does a State designate the lead that the Secretary add requirements reporting and recordkeeping burden for agency? similar to the Developmental 345.7 Who is eligible to receive an this collection is estimated to be 1,680 extension grant? Disabilities Assistance Act allowing hours. 345.8 What are the responsibilities of the access to client records. Intergovernmental Review lead agency in applying for and in Discussion: The Act does not administering an extension grant? authorize the Secretary to include This program is subject to the 345.9 What regulations apply to this provisions regarding access to client requirements of Executive Order 12372 program? 8162 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Rules and Regulations

345.10 What definitions apply to this developing and implementing devices and assistive technology program? consumer-responsive comprehensive services; Subpart BÐWhat Kinds of Activities Does Statewide programs of technology- (7) Increase the probability that the Department Support? related assistance that accomplish the individuals with disabilities of all ages 345.20 What types of activities are purposes in § 345.2. will, to the extent appropriate, be able authorized under this program? (Authority: 29 U.S.C. 2211(a); Section 101(a) to secure and maintain possession of of the Act) assistive technology devices as these Subpart CÐHow Does a State Apply for a individuals make the transition between Grant? § 345.2 What are the purposes of the State services offered by human service 345.30 What is the content of an grants program for technology-related agencies or between settings of daily application for a development grant? assistance for individuals with disabilities? living; 345.31 What is the content of an The purposes of this program are to application for an extension grant? (8) Enhance the skills and provide financial assistance to States to competencies of individuals involved in Subpart DÐHow Does the Secretary Make support systems change and advocacy providing assistive technology devices a Grant? activities designed to assist each State in and assistive technology services; 345.40 How does the Secretary evaluate an developing and implementing a (9) Increase awareness and knowledge application for a development grant consumer-responsive comprehensive of the efficacy of assistive technology under this program? statewide program of technology-related devices and assistive technology 345.41 What other factors does the assistance, for individuals with services among— Secretary take into consideration in making development grant awards under disabilities of all ages, that is designed (i) Individuals with disabilities and this program? to— their family members, guardians, 345.42 What is the review process for an (a)(1) Increase the availability of, advocates, and authorized application for an extension grant? funding for, access to, and provision of, representatives; 345.43 What priorities does the Secretary assistive technology devices and (ii) Individuals who work for public establish? assistive technology services; agencies, or for private entities Subpart EÐWhat Conditions Must Be Met (2) Increase the active involvement of (including insurers), that have contact After an Award? individuals with disabilities and their with individuals with disabilities; 345.50 What are the reporting requirements family members, guardians, advocates, (iii) Educators and related services for the recipients of development and and authorized representatives, in the personnel; extension grants? planning, development, (iv) Technology experts (including 345.51 When is a State making significant implementation, and evaluation of the engineers); progress? program; (v) Employers; and 345.52 Who retains title to devices (3) Increase the involvement of (vi) Other appropriate individuals; provided under this program? individuals with disabilities and, if (10) Increase the capacity of public 345.53 What are the requirements for agencies and private entities to provide grantee participation in the Secretary’s appropriate, their family members, guardians, advocates, or authorized and pay for assistive technology devices progress assessments? and assistive technology services on a 345.54 How may grant funds be used under representatives, in decisions related to this program? the provision of assistive technology statewide basis for individuals with 345.55 What are the responsibilities of a devices and assistive technology disabilities of all ages; and State in carrying out protection and services; (11) Increase the awareness of the needs of individuals with disabilities for advocacy services? (4) Increase the provision of outreach assistive technology devices and for Subpart FÐWhat Compliance Procedures to underrepresented populations and assistive technology services. May the Secretary Use? rural populations, to enable the two (b)(1) Identify Federal policies that populations to enjoy the benefits of 345.60 Who is subject to a corrective action facilitate payment for assistive plan? programs carried out to accomplish the technology devices and assistive 345.61 What penalties may the Secretary purposes described in this section to the technology services. impose on a grantee that is subject to same extent as other populations; corrective action? (2) Identify Federal policies that (5) Increase and promote coordination impede this payment. 345.62 How does a State redesignate the among State agencies, and between lead agency when it is subject to (3) Eliminate inappropriate barriers to corrective action? State agencies and private entities, that this payment. 345.63 How does a State change the entity are involved in carrying out activities (c) Enhance the ability of the Federal responsible for providing protection and under this part, particularly providing Government to provide States with— advocacy services? assistive technology devices and (1) Technical assistance, information, Authority: 29 U.S.C. 2201–2217, unless assistive technology services, that training, and public awareness programs otherwise noted. accomplish a purpose described in relating to the provision of assistive another paragraph of this section; technology devices and assistive PART 345ÐSTATE GRANTS (6)(i) Increase the awareness of laws, technology services; and PROGRAM FOR TECHNOLOGY- regulations, policies, practices, (2) Funding for demonstration RELATED ASSISTANCE FOR procedures, and organizational projects. INDIVIDUALS WITH DISABILITIES structures, that facilitate the availability (Authority: 29 U.S.C. 2201(b); Section 2(b) of or provision of assistive technology Subpart AÐGeneral the Act) devices and assistive technology § 345.1 What is the State Grants Program services; and § 345.3 What are the types of awards for Technology-Related Assistance for (ii) Facilitate the change of laws, under this program? Individuals with Disabilities? regulations, policies, practices, (a) Under this program, the This program provides grants to States procedures, and organizational Secretary— to support systems change and advocacy structures, that impede the availability (1) Awards three-year development activities designed to assist States in or provision of assistive technology grants to assist States in developing and Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Rules and Regulations 8163 implementing consumer-responsive provided that the Governor has (1) To respond to assistive technology comprehensive statewide programs that designated a lead agency to carry out the needs across disabilities and ages; accomplish the purposes in § 345.2; responsibilities contained in § 345.5. (2) To promote the availability (2) May award an initial two-year (Authority: 29 U.S.C. 2212(a)(1) and 2212 throughout the State of assistive extension grant to any State that meets (d)(1); Section 102(a) and 102(d)(1) of the technology devices and assistive the standards in § 345.42(a); and Act) technology services; (3) May award a second extension (3) To promote and implement grant, for a period of not more than 5 § 345.5 What are the responsibilities of the systems change and advocacy activities; years, to any State that meets the lead agency or public agency in applying (4) To promote and develop public- standards in § 345.42(b). for and in administering a development private partnerships; grant? (b) The Secretary calculates the (5) To exercise leadership in amount of the development grants in (a) The lead agency is responsible for identifying and responding to the paragraph (a)(1) of this section on the the following: technology needs of individuals with basis of— (1) Submitting the application disabilities and their family members, (1) Amounts available for making containing the information and guardians, advocates, and authorized grants under this part; assurances contained in § 345.30. representatives; (2) The population of the State or (2) Administering and supervising the (6) To promote consumer confidence, territory concerned; and use of amounts made available under responsiveness, and advocacy; and (3) The types of activities proposed by the grant. (7) To exercise leadership in the State relating to the development of (3)(i) Coordinating efforts related to, implementing effective strategies for a consumer-responsive comprehensive and supervising the preparation of, the capacity building, staff and consumer statewide program of technology-related application; training, and enhancement of access to assistance. (ii) Coordinating the planning, funding for assistive technology devices (c) The Secretary calculates the development, implementation, and and assistive technology services across amount of the extension grants in evaluation of the consumer-responsive agencies. paragraph (a)(2) of this section on the comprehensive statewide program of technology-related assistance among (Authority: 29 U.S.C. 2212(d)(2) and (3); basis of— Sections 102(d)(2) and (3) of the Act) (1) Amounts available for making public agencies and between public grants; agencies and private agencies, including § 345.7 Who is eligible to receive an (2) The population of the State; coordinating efforts related to entering extension grant? (3) The types of assistance proposed into interagency agreements; and A State is eligible to receive an by the State in its application; and (iii) Coordinating efforts related to, extension grant under this program. (4) A description in its application of and supervising, the active, timely, and the amount of resources committed by meaningful participation by individuals § 345.8 What are the responsibilities of the the State and available to the State from with disabilities and their family lead agency in applying for and in administering an extension grant? other sources to sustain the program members, guardians, advocates, or after federal funding ends. authorized representatives, and other (a) To be eligible to receive an initial (d)(1) In providing any increases in appropriate individuals, with respect to extension grant, the lead agency shall— initial extension grants in paragraph activities carried out under the grant. (1) Submit an application containing (a)(2) of this section above the amounts (4) The delegation, in whole or in the information and assurances in provided to States for Fiscal Year 1993, part, of any responsibilities described in § 345.31; and the Secretary may give priority to States paragraphs (a)(1) through (3) of this (2) Hold a public hearing in the third (other than the territories) that— section to one or more appropriate year of a program carried out under a (i) Have the largest populations, based offices, agencies, entities, or development grant, after providing on the most recent census data; and individuals. appropriate and sufficient notice to (ii) Are sparsely populated, with a (b) If the lead agency is not a public allow interested groups and wide geographic spread. agency, a public agency shall have the organizations and all segments of the (2) To be eligible for the priority in responsibility of controlling and public an opportunity to comment on paragraph (d)(1) of this section, the administering amounts received under the program. circumstances in paragraphs (d)(1)(i) or the grant. (b) To be eligible to receive a second extension grant, the lead agency shall— (ii) must have impeded the development (Authority: 29 U.S.C. 2212(d)(1) and of a consumer-responsive, 2212(e)(12)(A); Section 102(d)(1) and (1) Submit an application containing comprehensive statewide program of 102(e)(12)(A) of the Act) the information and assurances in technology-related assistance in a State. § 345.31; and (e) During the fourth and fifth years of § 345.6 How does a State designate the (2) Hold a public hearing in the a State’s second extension grant, the lead agency? second year of a program carried out amount received by a State will be (a) The Governor may designate— under an initial extension grant, after reduced to 75% and 50%, respectively, (1) A commission appointed by the providing appropriate and sufficient of the amount paid to the State for the Governor; notice to allow interested groups and third year of the grant. (2) A public-private partnership or organizations and all segments of the consortium; public an opportunity to comment on (Authority: 29 U.S.C. 2212(b), 2213(a), (3) A university-affiliated program; 2213(c)(1)(B) and (2), and 2213(c)(1)(D); the program. Sections 102(b), 103(a), 103(c)(1)(B) and (2), (4) A public agency; (Authority: 29 U.S.C. 2213(d) and (e); Section 103(c)(1)(D) of the Act) (5) A council established under 103(d) and (e) of the Act) Federal or State law; or § 345.4 Who is eligible to receive a (6) Another appropriate office, § 345.9 What regulations apply to this development grant? agency, entity, or individual. program? A State is eligible to receive a (b) The State shall provide evidence The following regulations apply to the development grant under this program, that the lead agency has the ability— State Grants Program for Technology- 8164 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Rules and Regulations

Related Assistance for Individuals with Secretary (2) The demonstration of assistive Disabilities: State technology devices, including— (a) The Education Department General Systems change and related activities (i) The provision of a location or Administrative Regulations (EDGAR) as Technology-related assistance locations within the State where the follows: Underrepresented population following individuals can see and touch (1) 34 CFR Part 74 (Administration of (2) The following term used in this assistive technology devices, and learn Grants to Institutions of Higher part is defined in section 102(b)(5) of about the devices from personnel who Education, Hospitals, and Nonprofit the Act: are familiar with such devices and their Organizations); Territory applications: (2) 34 CFR Part 75 (Direct Grant (d) Other definitions. The following (A) Individuals with disabilities and Programs), except § 75.618; definitions also apply to this part: their family members, guardians, (3) 34 CFR Part 77 (Definitions That Initial extension grant means the two- advocates, and authorized Apply to Department Regulations); year extension grant following a three- representatives; (4) 34 CFR Part 79 (Intergovernmental year development grant under this (B) Education, rehabilitation, health Review of Department of Education program. care, and other service providers; Programs and Activities); Second extension grant means the (C) Individuals who work for Federal, (5) 34 CFR Part 80 (Uniform extension grant following the initial State, or local government entities; and Administrative Requirements for Grants extension grant under this program. The (D) Employers. (ii) The provision of counseling and and Cooperative Agreements to State period of this grant is for a period of not assistance to individuals with and Local Governments), except more than 5 years. §§ 80.32(a) and 80.33(a); disabilities and their family members, (Authority: 29 U.S.C. 2201–2217; Sections guardians, advocates, and authorized (6) 34 CFR Part 81 (General Education 101–107 of the Act) Provisions Act—Enforcement); representatives to determine individual (7) 34 CFR Part 85 (Governmentwide Subpart BÐWhat Kinds of Activities needs for assistive technology devices Debarment and Suspension Does the Department Support and assistive technology services; and (Nonprocurement) and (iii) The demonstration or short-term Governmentwide Requirements for § 345.20 What type of activities are loan of assistive technology devices to Drug-Free Workplace (Grants)); and authorized under this program? individuals, employers, public agencies, (8) Part 86 (Drug-Free Schools and Any State that receives a development or public accommodations seeking Campuses). or extension grant shall use the funds strategies to comply with the Americans (b) The regulations in this part. made available through the grant to with Disabilities Act of 1990 (42 U.S.C. accomplish the purposes described in 12101 et seq.) and section 504 of the (Authority: 29 U.S.C. 2201–2217; Sections Rehabilitation Act of 1973 (29 U.S.C. 101–107 of the Act) § 345.2(a) and, in accomplishing such purposes, may carry out any of the 794); and § 345.10 What definitions apply to this following systems change and advocacy (3) The establishment of information program? activities: systems about, and recycling centers for, (a) Definitions in EDGAR. The (a) Support activities to increase the redistribution of assistive following terms used in this part are access to, and funding for, assistive technology devices and equipment that defined in 34 CFR 77.1: technology, including— may include device and equipment loans, rentals, or gifts. Applicant (1) The development, and evaluation of the efficacy, of model delivery (b) Support activities to— Application (1) Identify and coordinate Federal Award systems that provide assistive technology devices and assistive and State policies, resources, and Department services, relating to the provision of EDGAR technology services to individuals with disabilities, that pay for devices and assistive technology devices and Fiscal year assistive technology services, including Grant period services, and that, if successful, could be replicated or generally applied, such entering into interagency agreements; Nonprofit (2) Convene interagency work groups Nonpublic as— (i) The development of systems for the to enhance public funding options and Private coordinate access to funding for Project purchase, lease, other acquisition, or payment for the provision, of assistive assistive technology devices and Project period assistive technology services for Public technology devices and assistive technology services; or individuals with disabilities of all ages, (b) Definitions in the Technology- (ii) The establishment of alternative with special attention to the issues of Related Assistance for Individuals with State or privately financed systems of transition (such as transition from Disabilities Act of 1988. subsidies for the provision of assistive school to work, and transition from (1) The following terms used in this technology devices and assistive participation in programs under part H part are defined in section 3 of the Act: technology services, such as— of the Individuals with Disabilities Advocacy services (A) A loan system for assistive Education Act (20 U.S.C. 1471 et seq.), Assistive technology device technology devices; to participation in programs under part Assistive technology service (B) An income-contingent loan fund; B of such Act (20 U.S.C. 1411 et seq.)) Comprehensive statewide program of (C) A low interest loan fund; home use, and individual involvement technology-related assistance (D) A revolving loan fund; in the identification, planning, use, Consumer-responsive (E) A loan insurance program; or delivery, and evaluation of such devices Disability (F) A partnership with private entities and services; or Individual with a disability; individuals for the purchase, lease, or other (3) Document and disseminate with disabilities acquisition of assistive technology information about interagency activities Institution of higher education devices and the provision of assistive that promote coordination with respect Protection and advocacy services technology services; to assistive technology devices and Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Rules and Regulations 8165 assistive technology services, including need of assistive technology devices and (including insurers), that have contact evidence of increased participation of assistive technology services, and a with individuals with disabilities; State and local special education, description of the devices and services (C) Educators and related services vocational rehabilitation, and State needed; personnel; medical assistance agencies and (4) Information on the cost of (D) Technology experts (including departments. providing assistive technology devices engineers); (c) Carry out activities to encourage and assistive technology services to all (E) Employers; and the creation or maintenance of, support, individuals with disabilities within the (F) Other appropriate individuals and or provide assistance to, statewide and State who need such devices and entities; or community-based organizations, or services; (ii) Establish and support the program systems, that provide assistive (5) A description of State and local if no such program exists. technology devices and assistive public resources and private resources (2) A public awareness program that technology services to individuals with (including insurance) that are available may include the— disabilities or that assist individuals to establish a consumer-responsive (i) Development and dissemination of with disabilities in using assistive comprehensive statewide program of information relating to the— technology devices or assistive technology-related assistance; (A) Nature of assistive technology devices and assistive technology technology services. The activities may (6) Information identifying Federal services; include outreach to consumer and State laws, regulations, policies, (B) Appropriateness, cost, and organizations and groups in the State to practices, procedures, and availability of, and access to, assistive coordinate the activities of the organizational structures, that facilitate technology devices and assistive organizations and groups with efforts or interfere with the operation of a technology services; and (including self-help, support groups, consumer responsive comprehensive and peer mentoring) to assist (C) Efficacy of assistive technology statewide program of technology related devices and assistive technology individuals with disabilities and their assistance; family members, guardians, advocates, services with respect to enhancing the (7) A description of the procurement capacity of individuals with disabilities; or authorized representatives, to obtain policies of the State and the extent to funding for, and access to, assistive (ii) Development of procedures for which such policies will ensure, to the providing direct communication among technology devices and assistive extent practicable, that assistive technology services. public providers of assistive technology technology devices purchased, leased, devices and assistive technology (d) Pay for expenses, including travel or otherwise acquired with assistance expenses, and services, including services and between public providers made available through a development and private providers of devices and services of qualified interpreters, or extension grant under this part are readers, and personal assistants services services (including employers); and compatible with other technology (iii) Development and dissemination that may be necessary to ensure access devices, including technology devices to the comprehensive statewide program of information relating to the use of the designed primarily for use by— program by individuals with disabilities of technology-related assistance by (i) Individuals who are not individuals with disabilities who are and their family members, guardians, individuals with disabilities; advocates, or authorized determined by the State to be in (ii) Individuals who are elderly; or financial need. The expenses must be representatives, professionals who work (iii) Individuals with particular in a field related to an activity described incurred by participants in activities disabilities; and associated with the state technology in this section, and other appropriate (8) Information resulting from an program. individuals. inquiry about whether a State agency or (e) Conduct a statewide needs (g) Carry out directly, or may provide task force (composed of individuals assessment that may be based on data in support to a public or private entity to representing the State and individuals existence on the date on which the carry out, training and technical representing the private sector) should assessment is initiated and may assistance activities that— study the practices of private insurance include— (1)(i) Are provided for individuals (1) Estimates of the numbers of companies holding licenses within the with disabilities and their family individuals with disabilities within the State that offer health or disability members, guardians, advocates, and State, categorized by residence, type and insurance policies under which an authorized representatives, and other extent of disabilities, age, race, gender, individual may obtain reimbursement appropriate individuals; and and ethnicity; for— (ii) May include— (2) In the case of an assessment (i) The purchase, lease, or other (A) Training in the use of assistive carried out under a development grant, acquisition of assistive technology technology devices and assistive a description of efforts, during the fiscal devices; or technology services; year preceding the first fiscal year for (ii) The use of assistive technology (B) The development of written which the State received a grant, to services. materials, training, and technical provide assistive technology devices (f) Support— assistance describing the means by and assistive technology services to (1)(i) A public awareness program which agencies consider the needs of an individuals with disabilities within the designed to provide information relating individual with a disability for assistive State, including— to the availability and efficacy of technology devices and assistive (i) The number of individuals with assistive technology devices and technology services in developing, for disabilities who received appropriate assistive technology services for— the individual, any individualized assistive technology devices and (A) Individuals with disabilities and education program described in section assistive technology services; and their family members, guardians, 614(a)(5) of the Individuals with (ii) A description of the devices and advocates, or authorized Disabilities Education Act (20 U.S.C. services provided; representatives; 1414(a)(5)), any individualized written (3) Information on the number of (B) Individuals who work for public rehabilitation program described in individuals with disabilities who are in agencies, or for private entities section 102 of the Rehabilitation Act of 8166 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Rules and Regulations

1973 (29 U.S.C. 722), any individualized telephone-based information systems, (Authority: 29 U.S.C. 2201(b) and 2211(b); family service plan described in section and other media as technological Sections 2(b)(2), 2(b)(3) and 101(b) of the Act) 677 of the Individuals with Disabilities innovation may make appropriate; Subpart CÐHow Does a State Apply Education Act (20 U.S.C. 1477), and any (ii) Identify and classify existing for a Grant? other individualized plans or programs; funding sources, and the conditions of (C) Training regarding the rights of the and criteria for access to such sources, § 345.30 What is the content of an persons described in paragraph (f)(1)(i) including any funding mechanisms or application for a development grant? of this section to assistive technology strategies developed by the State; (a) Applicants for development grants devices and assistive technology (iii) Identify existing support groups under this program shall include the services under any law other than this and systems designed to help following information in their Act, to promote fuller independence, individuals with disabilities make applications: productivity, and inclusion in and effective use of an activity carried out (1) Information identifying the lead integration into society of such persons; under another paragraph of this section; agency designated by the Governor and and under § 345.4 and the evidence (D) Training to increase consumer (iv) Maintain a record of the extent to described in § 345.6(b). participation in the identification, which citizens of the State use or make (2) A description of the nature and planning, use, delivery, and evaluation inquiries of the system established in extent of involvement of various State of assistive technology devices and paragraph (i)(1) of this section, and of agencies, including the State insurance assistive technology services; and the nature of inquiries. department, in the preparation of the (2)(i) Enhance the assistive technology (4) The information system may be application and the continuing role of skills and competencies of— organized on an interstate basis or as each agency in the development and (A) Individuals who work for public part of a regional consortium of States implementation of the consumer- agencies or for private entities in order to facilitate the establishment of responsive comprehensive statewide (including insurers) that have contact compatible, linked information systems. program of technology-related with individuals with disabilities; (j)(1) The State may enter into (B) Educators and related services assistance, including the identification cooperative agreements with other of the available resources and financial personnel; States to expand the capacity of the (C) Technology experts (including responsibility of each agency for paying States involved to assist individuals engineers); for assistive technology devices and with disabilities of all ages to learn (D) Employers; and assistive technology services. (E) Other appropriate personnel; and about, acquire, use, maintain, adapt, and (3)(i) A description of procedures that (ii) Include taking actions to facilitate upgrade assistive technology devices provide for— the development of standards, or, when and assistive technology services that (A)(1) The active involvement of appropriate, the application of individuals need at home, at school, at individuals with disabilities and their standards, to ensure the availability of work, or in other environments that are family members, guardians, advocates, qualified personnel. part of daily living. and authorized representatives, and (h) Support the compilation and (2) The State may operate or other appropriate individuals, in the evaluation of appropriate data related to participate in a computer system development, implementation, and a program described in § 345.1. through which the State may evaluation of the program; and (i)(1) Develop, operate, or expand a electronically communicate with other (2) To the maximum extent system for public access to information States to gain technical assistance in a appropriate, the active involvement of concerning an activity carried out under timely fashion and to avoid the individuals with disabilities who use another paragraph of this section, duplication of efforts already assistive technology devices or assistive including information about assistive undertaken in other States. technology services, in decisions technology devices and assistive (k) Support the establishment or relating to such devices and services; technology services, funding sources continuation of partnerships and and and costs of assistance, and individuals, cooperative initiatives between the (B) Mechanisms for determining organizations, and agencies capable of public sector and the private sector to consumer satisfaction and participation carrying out such an activity for promote the greater participation by of individuals with disabilities who individuals with disabilities. business and industry in the— represent a variety of ages and types of (2) Access to the system may be (1) Development, demonstration, and disabilities, in the consumer-responsive provided through community-based dissemination of assistive technology comprehensive statewide program of entities, including public libraries, devices; and technology-related assistance. centers for independent living (as (2) Ongoing provision of information (ii) A description of the nature and defined in section 702(1) of the about new products to assist individuals extent of the— Rehabilitation Act of 1973 (29 U.S.C. with disabilities. (A) Involvement, in the designation of 796a(1)), and community rehabilitation (l) Provide advocacy services. the lead agency under § 345.4, and in programs, as defined in section 7(25) of (m) Utilize amounts made available the development of the application, of— such Act (29 U.S.C. 706(25)). through development and extension (1) Individuals with disabilities and (3) In developing, operating, or grants for any systems change and their family members, guardians, expanding a system described in advocacy activities, other than the advocates, or authorized paragraph (i)(1) of this section, the State activities described in another representatives; may— paragraph of this section, that are (2) Other appropriate individuals who (i) Develop, compile, and categorize necessary for developing, implementing, are not employed by a State agency; and print, large print, braille, audio, and or evaluating the consumer-responsive (3) Organizations, providers, and video materials, computer disks, comprehensive statewide program of interested parties, in the private sector; compact discs (including compact discs technology-related assistance. and formatted with read-only memory), (n)(1) Accomplish the purposes in (B) Continuing role of the individuals information that can be used in § 345.2(b) and (c). and entities described in paragraph Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Rules and Regulations 8167

(a)(3)(ii)(A) of this section in the demonstrates through the progress assistance to work with such program. reports required under § 345.50 that populations; and (4) A tentative assessment of the significant progress has been made in (F) The development and extent of the need of individuals with the development and implementation of implementation of strategies to ensure disabilities in the State, including a consumer-responsive comprehensive timely acquisition and delivery of individuals from underrepresented statewide program of technology-related assistive technology devices and populations or rural populations for a assistance, and that other systems assistive technology services, statewide program of technology-related change and advocacy activities will particularly for children. assistance and a description of previous increase the likelihood that the program (2) An assurance that the State will efforts and efforts continuing on the will accomplish the purposes described conduct an annual assessment of the date of the application to develop a in § 345.2(a): consumer-responsive comprehensive consumer-responsive comprehensive (A) The development, statewide program of technology-related statewide program of technology-related implementation, and monitoring of assistance, in order to determine— assistance. State, regional, and local laws, (i) The extent to which the State’s (5) A description of State resources regulations, policies, practices, goals and objectives for systems change and other resources (to the extent this procedures, and organizational and advocacy activities, as identified in information is available) that are structures, that will improve access to, the State plan under paragraph (a)(6) of available to commit to the development provision of, funding for, and timely this section, have been achieved; and (ii) The areas of need that require of a consumer-responsive acquisition and delivery of, assistive attention in the next year. comprehensive statewide program of technology devices and assistive technology-related assistance. (3) An assurance that amounts technology services; received under the grant will be (6) Information on the program with (B) The development and respect to the— expended in accordance with the implementation of strategies to provisions of this part; (i) Goals and objectives of the State for overcome barriers regarding access to, the program; (4) An assurance that amounts provision of, and funding for, such received under the grant— (ii) Systems change and advocacy devices and services, with priority for activities that the State plans to carry (i) Will be used to supplement identification of barriers to funding amounts available from other sources out under the program; and through State education (including (iii) Expected outcomes of the State that are expended for technology-related special education) services, vocational for the program, consistent with the assistance, including the provision of rehabilitation services, and medical purposes described in § 345.2(a). assistive technology devices and (7)(i) A description of the data assistance services or, as appropriate, assistive technology services; and collection system used for compiling other health and human services, and (ii) Will not be used to pay a financial information on the program, consistent with particular emphasis on overcoming obligation for technology-related with requirements established by the barriers for underrepresented assistance (including the provision of Secretary for systems, and, when a populations and rural populations; assistive technology devices or assistive national classification system is (C) Coordination of activities among technology services) that would have developed pursuant to section 201 of State agencies, in order to facilitate been paid with amounts available from other sources if amounts under the grant the Act, consistent with the access to, provision of, and funding for, had not been available, unless— classification system; and assistive technology devices and (A) The payment is made only to (ii) Procedures that will be used to assistive technology services; prevent a delay in the receipt of conduct evaluations of the program. (D) The development and (8) A description of the policies and implementation of strategies to appropriate technology-related procedures governing contracts, grants, empower individuals with disabilities assistance (including the provision of assistive technology devices or assistive and other arrangements with public and their family members, guardians, technology services) by an individual agencies, private nonprofit advocates, and authorized with a disability; and organizations, and other entities or representatives, to successfully advocate (B) The entity or agency responsible individuals for the purpose of providing for increased access to, funding for, and subsequently reimburses the assistive technology devices and provision of, assistive technology appropriate account with respect to assistive technology services consistent devices and assistive technology programs and activities under the grant with this part. services, and to increase the in an amount equal to the amount of the (b) Applicants for development grants participation, choice, and control of payment; shall include the following assurances individuals with disabilities and their family members, guardians, advocates, (5) An assurance that— in their applications: (i) A public agency shall control and and authorized representatives in the (1)(i) An assurance that the State will administer amounts received under the selection and procurement of assistive use funds from a development or grant; and extension grant to accomplish the technology devices and assistive (ii) A public agency or an individual purposes described in § 345.2(a) and the technology services; with a disability shall— goals, objectives, and outcomes (E) The provision of outreach to (A) Hold title to property purchased described in paragraph (a)(6) of this underrepresented populations and rural with such amounts; and section, and to carry out the systems populations, including identifying and (B) Administer such property. change and advocacy activities assessing the needs of such populations, (6) An assurance that the State will— described in paragraph (a)(6)(ii) of this providing activities to increase the (i) Prepare reports to the Secretary in section, in a manner that is consumer- accessibility of services to such the form and containing information responsive. populations, training representatives of required by the Secretary to carry out (ii) An assurance that the State, in such populations to become service the Secretary’s functions under this carrying out systems change and providers, and training staff of the part; and advocacy activities, shall carry out the consumer-responsive comprehensive (ii) Keep records and allow access to following activities, unless the State statewide program of technology-related records as the Secretary may require to 8168 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Rules and Regulations ensure the correctness and verification that the Secretary annually reserve, from information and assurances that the of information provided to the Secretary the funds made available for a Secretary may reasonably require. under this paragraph of this section. development or extension grant, an (Authority: 29 U.S.C. 2212(e); Section 102(e) (7) An assurance that amounts amount calculated in accordance with of the Act) received under the grant will not be section 102(f)(4) of the Act, in order for commingled with State or other funds; the Secretary to make a grant to or enter 345.31 What is the content of an (8) An assurance that the State will into a contract with a system to support application for an extension grant? adopt fiscal control and accounting protection and advocacy services. A State that seeks an extension grant procedures as may be necessary to (13) An assurance that the State— shall include the following in an ensure proper disbursement of an (i) Will develop and implement application: accounting for amounts received under strategies for including personnel (a) The information and assurances the grant; training regarding assistive technology described in § 345.30, except the (9) An assurance that the State will— within existing Federal- and State- preliminary needs assessment described (i) Make available to individuals with funded training initiatives, in order to in § 345.30(a)(4). disabilities and their family members, enhance assistive technology skills and (b) A description of the following: guardians, advocates, or authorized competencies; and (1) The needs relating to technology- representatives information concerning (ii) Will document the training; related assistance of individuals with technology-related assistance in a form (14) An assurance that the percentage disabilities (including individuals from that will allow individuals to effectively of the funds received under the grant underrepresented populations or rural use the information; and that is used for indirect costs (as defined populations) and their family members, (ii) In preparing information for in OMB Circular A–87 incorporated by guardians, advocates, or authorized dissemination, consider the media- reference in 34 CFR 80.22(b)) shall not representatives, and other appropriate related needs of individuals with exceed 10 percent of the total amount of individuals within the State. disabilities who have sensory and the grant; and (2) Any problems or gaps that remain cognitive limitations and consider the (15) An assurance that the lead agency with the development and use of auditory materials, including will coordinate the activities funded implementation of a consumer- audio cassettes, visual materials, through a development or extension responsive comprehensive statewide including video cassettes and video grant under this part with the activities program of technology-related discs, and braille materials. carried out by councils within the State, assistance in the State. (10) An assurance that, to the extent including— (3) The strategies that the State will practicable, technology-related (i) Any council or commission pursue during the grant period to assistance made available with amounts specified in the assurance provided by remedy the problems or gaps with the received under the grant will be the State in accordance with section development and implementation of a equitably distributed among all 101(a)(36) of the Rehabilitation Act of program. geographical areas of the State; 1973 (29 U.S.C. 721(a)(36)); (4) Outreach activities to be (11) An assurance that the lead agency (ii) The Statewide Independent Living conducted by the State, including will have the authority to use funds Council established under section 705 dissemination of information to eligible made available through a development of the Rehabilitation Act of 1973 (29 populations, with special attention to or extension grant to comply with the U.S.C. 796d)); underrepresented populations and rural requirements of this part, including the (iii) The advisory panel established populations. ability to hire qualified staff necessary under section 613(a)(12) of the (5)(i) The specific systems change and to carry out activities under the Individuals with Disabilities Education advocacy activities described in program; Act (20 U.S.C. 1413(a)(12)); § 345.20 (including the activities (12)(i) An assurance that the State will (iv) The State Interagency described in § 345.30(b)(1)) carried out annually provide, from the funds made Coordinating Council established under under the development grant received available to the State through a section 682 of the Individuals with by the State, or, in the case of an development or extension grant under Disabilities Education Act (20 U.S.C. application for a second extension grant, this part, an amount calculated in 1482)); under an initial extension grant received accordance with section 102(f)(4) of the (v) The State Planning Council by the State under this section, Act in order to make a grant to, or enter described in section 124 of the including— into a contract with— Developmental Disabilities Assistance (A) A description of systems change (A) An entity to support protection and Bill of Rights Act (20 U.S.C. 6024); and advocacy activities that were and advocacy services through the (vi) The State mental health planning undertaken to produce change on a systems established to provide council established under section 1914 permanent basis for individuals with protection and advocacy under the of the Public Health Service Act (42 disabilities of all ages; Developmental Disabilities Assistance U.S.C. 300x–3); (B) A description of activities and Bill of Rights Act (42 U.S.C. 6000 (vii) Any council established under undertaken to improve the involvement et seq.), the Protection and Advocacy for section 204, 206(g)(2)(A), or 712(a)(3)(H) of individuals with disabilities in the Mentally Ill Individuals Act (42 U.S.C. of the Older Americans Act of 1965 (42 program, including training and 10801 et seq.), and section 509 of the U.S.C. 3015, 3017(g)(2)(A), or technical assistance efforts to improve Rehabilitation Act of 1973 (29 U.S.C. 3058g(a)(3)(H)). individual access to assistive technology 794e); or (16) An assurance that there will be devices and assistive technology (B) An entity described in coordination between the activities services as mandated under other laws § 345.55(a)(1). funded through the grant and other and regulations in effect on the date of (ii) The State need not provide the related systems change and advocacy the application, and including actions assurance in paragraph (b)(12)(i) of this activities funded by either Federal or undertaken to improve the participation section, if the State requests in its State sources. of underrepresented populations and annual progress report or first or second (c) Applicants for development grants rural populations, such as outreach extension application, as applicable, shall provide any other related efforts; and Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Rules and Regulations 8169

(C) An evaluation of the impact and (3) Educators and related services significant progress, toward the results of the activities described in personnel; development and implementation of a paragraph (b)(5)(i)(A) and (B) of this (4) Technology experts (including consumer-responsive comprehensive section. engineers); statewide program of technology-related (ii) The relationship of systems (5) Employers; and assistance, consistent with this part; and change and advocacy activities to the (6) Other appropriate individuals and (3) Holds a public hearing in the third development and implementation of a entities. year of a program carried out under a consumer-responsive comprehensive (d) An assurance that the State, any development grant, after providing statewide program of technology-related recipient, and any subrecipient of funds appropriate and sufficient notice to assistance. made available to the State under the allow interested groups and (iii) The progress made toward the Act will comply with guidelines organizations and all segments of the development and implementation of a established under section 508 of the public an opportunity to comment on consumer-responsive comprehensive Rehabilitation Act of 1973 (29 U.S.C. the program. statewide program of technology-related 794d). (b) The Secretary may award a second assistance. (e)(1) A copy of the protection and extension grant to any State that-(1) (6)(i) In the case of an application for advocacy contract or grant agreement Provides the evidence described in an initial extension grant, a report on entered into by the State; § 345.6(b) and makes the demonstration the hearing described in § 345.8(a)(2) or, (2) Evidence of ongoing negotiations described in paragraph (a)(2) of this in the case of an application for a with an entity to provide protection and section; second extension grant, a report on the advocacy services, if the State has not (2) Describes the steps the State has hearing described in § 345.8(b)(2). yet entered into a grant or contract; or taken or will take to continue on a (ii) A description of State actions, (3) A request that the Secretary enter permanent basis the consumer- other than a hearing, designed to into a grant agreement with an entity to responsive comprehensive statewide determine the degree of satisfaction of provide protection and advocacy program of technology-related individuals with disabilities, and their services, pursuant to § 345.30(b)(12)(ii). assistance with the ability to maintain, family members, guardians, advocates, at a minimum, the outcomes achieved or authorized representatives, public (Authority: 29 U.S.C. 2213 (d) and (e); by the systems change and advocacy Section 103 (d) and (e) of the Act). service providers and private service activities; providers, educators and related service Subpart DÐHow Does the Secretary (3) Identifies future funding options providers, technology experts (including Make a Grant? and commitments for the program from engineers), employers, and other the public and private sector and the appropriate individuals and entities § 345.40 How does the Secretary evaluate key individuals, agencies, and with— an application for a development grant organizations to be involved in, and to (A) The degree of their ongoing under this program? direct future efforts of, the program; and involvement in the development and The Secretary evaluates each (4) Holds a public hearing in the implementation of the consumer- application using the selection criteria second year of a program carried out responsive comprehensive statewide in 34 CFR 75.210. under an initial extension grant, after program of technology-related (Authority: 29 U.S.C. 2212(a); Section 102(a) providing appropriate and sufficient assistance; of the Act) notice to allow interested groups and (B) The specific systems change and organizations and all segments of the advocacy activities described in § 345.41 What other factors does the public an opportunity to comment on § 345.20 (including the activities Secretary take into consideration in making the program. described in § 345.30(b)(1)) carried out development grant awards under this (c) In making any award to a State for program? by the State under the development a second extension grant, the Secretary grant or the initial extension grant; In making development grants under makes an award contingent on a (C) Progress made toward the this program, the Secretary takes into determination, based on the on-site visit development and implementation of a consideration, to the extent feasible— in § 345.53, that the State is making consumer-responsive comprehensive (a) Achieving a balance among States significant progress toward statewide program of technology-related that have differing levels of development and implementation of a assistance; and development of consumer-responsive consumer-responsive comprehensive (D) The ability of the lead agency to comprehensive statewide programs of statewide program of technology-related carry out the activities described in technology-related assistance; and assistance, except where the Secretary § 345.6(b). (b) Achieving a geographically determines that the on-site visit is (c) A summary of any comments equitable distribution of the grants. unnecessary. If the Secretary determines received concerning the issues (Authority: 29 U.S.C. 2212(c); Section 102(c) that the State is not making significant described in paragraph (b)(6) of this of the Act) progress, the Secretary may take an section and response of the State to such action described in § 345.61. comments, solicited through a public § 345.42 What is the review process for an application for an extension grant? (Authority: 29 U.S.C. 2213 (b) and (e) and hearing or through other means, from 2215(a)(2); Section 103 (b) and (e) and individuals affected by the consumer- (a) The Secretary may award an initial 105(a)(2) of the Act) responsive comprehensive statewide extension grant to any State that— program of technology-related (1) Provides the evidence described in § 345.43 What priorities does the Secretary assistance, including— § 345.6(b) and makes the demonstration establish? (1) Individuals with disabilities and described in paragraph (a)(2) of this (a) The Secretary gives, in each of the their family members, guardians, section; 2 fiscal years succeeding the fiscal year advocates, or authorized (2) Demonstrates that the State has in which amounts are first appropriated representatives; made significant progress, and has for carrying out development grants, (2) Public service providers and carried out systems change and priority for funding to States that private service providers; advocacy activities that have resulted in received development grants under this 8170 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Rules and Regulations part during the fiscal year preceding the development, implementation, and § 345.51 When is a State making fiscal year concerned. evaluation of the program, including significant progress? (b) For States that are applying for any interagency agreements that the A State is making significant progress initial extension grants, the Secretary State has developed and implemented when it carries out— gives, in any fiscal year, priority to regarding access to, provision of, and (a) The systems change and advocacy States that received initial extension funding for, assistive technology devices activities listed in § 345.30(b)(1)(ii)(A) grants during the fiscal year preceding and assistive technology services such through (F); or the fiscal year concerned. as agreements that identify available (b) Other systems change and (c) The Secretary may establish other resources for, assistive technology advocacy activities, if the State appropriate priorities under the Act. devices and assistive technology demonstrates through the progress (Authority: 29 U.S.C. 2212(b)(4) and 2213(c); services and the responsibility of each reports developed by the Secretary and Section 102(b)(4) and 103(c) of the Act) agency for paying for such devices and required to be submitted by a State in services. § 345.50 that it has accomplished the Subpart EÐWhat Conditions Must Be (4) The activities undertaken to purposes of the program listed in Met After an Award? collect and disseminate information § 345.2(a). about the documents or activities § 345.50 What are the reporting (Authority: 29 U.S.C. 2212(e)(7) and 2214(a); requirements for the recipients of analyzed or described in paragraphs (a) Sections 102(e)(7) and 104(a) of the Act) development and extension grants? (1) through (3) of this section, including (a) States receiving development and outreach activities to underrepresented § 345.52 Who retains title to devices provided under this program? extension grants shall submit annually populations and rural populations and to the Secretary a report that documents efforts to disseminate information by Title to devices purchased with grant significant progress in developing and means of electronic communication. funds under this part, either directly or implementing a consumer-responsive (5) The involvement of individuals through any contract or subgrant, must comprehensive statewide program of with disabilities who represent a variety be held by a public agency or by an technology-related assistance of ages and types of disabilities in the individual with a disability who is the documenting the following: planning, development, beneficiary of the device. If the disabled (1) The progress the State has made, implementation, and assessment of the individual does not have legal status to as determined in the State’s annual consumer-responsive comprehensive hold title, the title may be retained by assessment (consistent with the statewide program of technology-related a parent or legal guardian. assistance, including activities guidelines established by the Secretary (Authority: 29 U.S.C. 2212(e)(12)(B); Section under § 345.51) in achieving the State’s undertaken to improve such 102(e)(12)(B) of the Act) goals, objectives, and outcomes as involvement, such as consumer training identified in the State’s application, and and outreach activities to § 345.53 What are the requirements for underrepresented populations and rural grantee participation in the Secretary's areas of need that require attention in progress assessments? the next year, including unanticipated populations. problems with the achievement of the (6) The degree of consumer Recipients of development grants goals, objectives, and outcomes satisfaction with the program, including shall participate in the Secretary’s described in the application, and the satisfaction by underrepresented assessment of the extent to which States activities the State has undertaken to populations and rural populations. are making significant progress by— rectify these problems. (7) Efforts to train personnel as well (a) Participating in the on-site (2) The systems change and advocacy as consumers. monitoring visits that will be made to activities carried out by the State (8) Efforts to reduce the service each grantee during the final year of the including— delivery time for receiving assistive development grant; (i) An analysis of the laws, technology devices and assistive (b) Participating in an on-site regulations, policies, practices, technology services. monitoring visit, that is in addition to procedures, and organizational structure (9) Significant progress in the the visit in paragraph (a), if the State that the State has changed, has provision of protection and advocacy applies for a second extension grant and attempted to change, or will attempt to services, in each of the areas described whose initial on-site visit occurred prior change during the next year, to facilitate in § 345.55(c)(1)(ii). to the date of the enactment of the and increase timely access to, provision (b) The State shall make these reports Technology-Related Assistance for of, or funding for, assistive technology readily available to the public at no Individuals with Disabilities Act devices and assistive technology extra cost. Amendments of 1994, unless the services; and (c) The State shall submit on an Secretary determines that the visit is not (ii) A description of any written annual basis— necessary. policies and procedures that the State (1) A copy of the protection and (c) Providing written evaluations of has developed and implemented advocacy contract or grant agreement the State’s progress toward fulfilling its regarding access to, provision of, and entered into by the State; goals and the objectives of the project, funding for, assistive technology devices (2) Evidence of ongoing negotiations and such other documents as the and assistive technology services, with an entity to provide protection and Secretary may reasonably require to particularly policies and procedures advocacy services, if the State has not complete the required assessment. yet entered into a grant or contract; or regarding access to, provision of, and (Authority: 29 U.S.C. 2215(a); Section 105(a) funding for, such devices and services (3) A request that the Secretary enter of the Act) under education (including special into a grant agreement with an entity to education), vocational rehabilitation, provide protection and advocacy § 345.54 How may grant funds be used and medical assistance programs. services, pursuant to § 345.30(b)(12)(ii). under this program? (3) The degree of involvement of (Authority: 29 U.S.C. 2212(e)(16)(A) and (a) States receiving funds under this various State agencies, including the 2214(b); Sections 102(e)(16)(A) and 104(b) of part shall comply with the assurances State insurance department, in the the Act) provided under §§ 345.30 and 345.31. Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Rules and Regulations 8171

(b) A State receiving a grant may make term abilities of individuals with (Authority: 29 U.S.C. 2212(f); Section 102(f) contracts or subgrants to the eligible disabilities and their family members, of the Act) entities in § 345.6, provided that— guardians, advocates, and authorized (1) A designated public agency representatives to successfully advocate Subpart FÐWhat Compliance maintains fiscal responsibility and for assistive technology devices and Procedures May the Secretary Use? accountability; and assistive technology services to which § 345.60 Who is subject to a corrective (2) All appropriate provisions related the individuals with disabilities are action plan? to data collection, recordkeeping, and entitled under law other than this Act. (a) Any State that fails to comply with cooperation with the Secretary’s (D) Coordinating activities with the requirements of this part is subject evaluation and program monitoring protection and advocacy services to a corrective action plan. efforts are applied to all subcontractors funded through sources other than this (b) A State may appeal a finding that and subgrantees as well as to the agency Act, and coordinating activities with the it is subject to corrective action within receiving the grant. systems change and advocacy activities 30 days of being notified in writing by (Authority: 29 U.S.C. 2212(e), 2213(d), and carried out by the State lead agency. the Secretary of the finding. 2215(a)(5); Sections 102(e), 103(d), and (2) The system or entity shall submit the reports to the lead agency in the (Authority: 29 U.S.C. 2215(b)(1); Section 105(a)(5) of the Act; Section 437 of the 105(b)(1) of the Act) General Education Provisions Act; 20 U.S.C. State not less often than every 6 months. 1232f) (3) The system or entity shall provide § 345.61 What penalties may the Secretary monthly updates to the lead agency impose on a grantee that is subject to § 345.55 What are the responsibilities of a concerning the activities and corrective action? State in carrying out protection and information described in paragraph (c) advocacy services? A State that fails to comply with the of this section. requirements of this part may be subject (a)(1) A State is eligible to receive (d) Before making a grant or entering to corrective actions such as— funding to provide protection and into a contract under § 345.30(b)(12)(ii) (a) Partial or complete termination of advocacy services if— to support the protection and advocacy funds; (i) The State, as of June 30, 1993, has services described in § 345.30(b)(12)(ii) (b) Ineligibility to participate in the provided for protection and advocacy in a State, the Secretary shall solicit and grant program in the following year; services through an entity that is consider the opinions of the lead agency (c) Reduction in funding for the capable of performing the functions that in the State with respect to the terms of following year; or would otherwise be performed under the grant or contract. (d) Required redesignation of the lead § 345.30(b)(12) by the system described (e)(1) In each fiscal year, the Secretary agency. in that section; and specifies for each State receiving a (ii) The entity referred to in (Authority: 29 U.S.C. 2215(b)(2); Section development or an extension grant the 105(b)(2) of the Act) § 345.30(b)(12)(i) is not a system minimum amount that the State shall described in that section. use to provide protection and advocacy § 345.62 How does a State redesignate the (b) A State that meets both of the services. lead agency when it is subject to corrective descriptions in paragraph (a)(1) of this (2)(i) Except as provided for in action? section also shall comply with the same paragraphs (e) (3) and (4), the Secretary (a) Once a State becomes subject to a requirements of this part as a system calculates this minimum amount based corrective action plan under § 345.60, that receives funding under on the size of the grant, the needs of the Governor of the State, subject to § 345.30(b)(12). individuals with disabilities within the approval by the Secretary, shall appoint, (c)(1) A system that receives funds State, the population of the State, and within 30 days after the submission of under § 345.30(b)(12)(i) to carry out the the geographic size of the State. the plan to the Secretary, a monitoring protection and advocacy services (ii) The Secretary establishes a panel consisting of the following described in § 345.30(b)(12)(i) in a State, minimum amount for each State that representatives: or an entity described in paragraph ranges from at least $40,000 up to (1) The head of the lead agency (a)(1) of this section, shall prepare $100,000. designated by the Governor; reports that contain the information (3) If a State receives a second (2) Two representatives from different required by the Secretary, including the extension grant, the Secretary specifies public or private nonprofit following: a minimum amount for the fourth year organizations that represent the interests (i) A description of the activities (if any) of the grant period that equals of individuals with disabilities; carried out by the system or entity with 75 percent of the minimum amount (3) Two consumers who are users of the funds; specified for the State for the third year assistive technology devices and (ii) Documentation of significant of the second extension grant of the assistive technology services and who progress, in providing protection and State. are not— advocacy services, in each of the (4) If a State receives a second (i) Members of the advisory council, following areas: extension grant, the Secretary specifies if any, of the consumer-responsive (A) Conducting activities that are a minimum amount for the fifth year (if comprehensive statewide program of consumer-responsive, including any) of the grant period that equals 50 technology-related assistance; or activities that will lead to increased percent of the minimum amount (ii) Employees of the State lead access to funding for assistive specified for the State for the third year agency; and technology devices and assistive of the second extension grant of the (4) Two service providers with technology services. State. knowledge and expertise in assistive (B) Executing legal, administrative, (5) After the fifth year (if any) of the technology devices and assistive and other appropriate means of grant period, no Federal funds may be technology services. representation to implement systems made available under this title by the (b) The monitoring panel must be change and advocacy activities. State to a system described in ethnically diverse. The panel shall (C) Developing and implementing § 345.30(b)(12) or an entity described in select a chairperson from among the strategies designed to enhance the long- paragraph (a) of this section. members of the panel. 8172 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Rules and Regulations

(c) The panel shall receive periodic Secretary, based on the findings and advocates, or authorized reports from the State regarding progress recommendations of the monitoring representatives, have timely notice of in implementing the corrective action panel, and after providing to the public the determination and opportunity for plan and shall have the authority to notice and opportunity for comment, public comment; and request additional information shall make a final determination (3) The first entity has the opportunity necessary to determine compliance. regarding whether to order the Governor to appeal the determination to the (d) The meetings of the panel to to redesignate the lead agency. The Secretary within 30 days of the determine compliance shall be open to Governor shall make any redesignation determination on the basis that there is the public (subject to confidentiality in accordance with the requirements not good cause to enter into the concerns) and held at locations that are that apply to designations under § 345.6. contract. accessible to individuals with (Authority: 29 U.S.C. 2215(c); Section 105(c) (c)(1) When the Governor of a State disabilities. of the Act) determines that there is good cause to (e) The panel shall carry out the enter into a contract with a second duties of the panel for the entire period § 345.63 How does a State change the entity to provide the protection and of the corrective action plan, as entity responsible for providing protection advocacy services, the Governor shall and advocacy services? determined by the Secretary. hold an open competition within the (f) A failure by a Governor of a State (a) The Governor of a State, based on State and issue a request for proposals to comply with the requirements of input from individuals with disabilities by entities desiring to provide the paragraphs (a) through (e) of this section and their family members, guardians, services. results in the termination of funding for advocates, or authorized (2) The Governor shall not issue a the State under this part. representatives, may determine that the request for proposals by entities desiring (g) Based on its findings, a monitoring entity providing protection and to provide protection and advocacy panel may determine that a lead agency advocacy services has not met the services until the first entity has been designated by a Governor has not protection and advocacy service needs given notice and an opportunity to accomplished the purposes described in of the individuals with disabilities and respond. If the first entity appeals the § 345.2(a) and that there is good cause their family members, guardians, determination to the Secretary, the for redesignation of the agency and the advocates, or authorized Governor shall issue such request only temporary loss of funds by the State representatives, for securing funding for if the Secretary decides not to overturn under this part. and access to assistive technology the determination of the Governor. The (h) For the purposes of this section, devices and assistive technology Governor shall issue such request ‘‘good cause’’ includes the following: services, and that there is good cause to within 30 days after the end of the (1) Lack of progress with employment provide the protection and advocacy period during which the first entity has of qualified staff; services for the State through a contract the opportunity to respond, or after the (2) Lack of consumer-responsive with a second entity. decision of the Secretary, as activities; (b) On making the determination in appropriate. (3) Lack of resource allocation to paragraph (a) of this section, the (3) The competition shall be open to systems change and advocacy activities; Governor may not enter into a contract entities with the same expertise and (4) Lack of progress with meeting the with a second entity to provide the ability to provide legal services as a assurances in § 345.30(b); or protection and advocacy services unless system in § 345.30(b)(12). The (5) Inadequate fiscal management. good cause exists and unless— competition shall ensure public (i) If a monitoring panel determines (1) The Governor has given the first involvement, including a public hearing that the lead agency should be entity 30 days notice of the intention to and adequate opportunity for public redesignated, the panel shall enter into the contract, including comment. recommend to the Secretary that further specification of good cause, and an remedial action be taken or that the opportunity to respond to the assertion (Authority: 29 U.S.C. 2215(d); Section 105(d) of the Act) Secretary order the Governor to that good cause has been shown; redesignate the lead agency within 90 (2) Individuals with disabilities and [FR Doc. 96–4861 Filed 2–29–96; 8:45 am] days or lose funds under this part. The their family members, guardians, BILLING CODE 4000±01±P federal register March 1,1996 Friday Revocations; ProposedRule Pesticide Tolerances,Proposed 40 CFRPart180 Protection Agency Environmental Part V 8173 8174 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Proposed Rules

ENVIRONMENTAL PROTECTION inspection in the OPP Docket, Rm. 1132 II. Background at the Virginia address given above, AGENCY A. Statutory Background from 8 a.m. to 4:30 p.m., Monday 40 CFR Part 180 through Friday, excluding legal The Federal Food, Drug and Cosmetic Act (FFDCA) (21 U.S.C. 301 et seq.) [OPP±300415; FRL±5351±6] holidays. Comments and data may also be authorizes the establishment of RIN 2070±AB18 submitted electronically by sending maximum permissible levels of electronic mail (e-mail) to: opp- pesticides in foods, which are referred Pesticide Tolerances; Proposed [email protected]. Electronic to as ‘‘tolerances’’ (21 U.S.C. 346a, 348). Revocations comments must be submitted as an Without such a tolerance or an ASCII file avoiding the use of special exemption from a tolerance, a food AGENCY: Environmental Protection containing a pesticide residue is Agency (EPA). characters and any form of encryption. Comments and data will also be ‘‘adulterated’’ under section 402 of the ACTION: Proposed rule. accepted on disks in WordPerfect 5.1 FFDCA and may not be legally moved in interstate commerce (21 U.S.C. 342). SUMMARY: EPA announces its decision file format or ASCII file format. All on whether to propose revocation of 41 comments and data in electronic form Monitoring and enforcement of pesticide residues are carried out by the section 408 tolerances for 22 pesticides. must be identified by the docket number U.S. Food and Drug Administration Under EPA’s policy concerning the [OPP–300415]. No CBI should be (FDA) and the U.S. Department of coordination of its authorities under submitted through e-mail. Electronic comments on this proposed rule may be Agriculture (USDA). sections 408 and 409 of the Federal The FFDCA governs tolerances for Food, Drug and Cosmetic Act (FFDCA), filed online at many Federal Depository Libraries. Additional information on raw agricultural commodities (RACs) EPA proposes to revoke the following and processed foods separately. For nine section 408 tolerances: dicofol on electronic submissions can be found in [OPP–300415]. of this document. pesticide residues in or on RACs, EPA apples, grapes, and plums; mancozeb on establishes tolerances, or exemptions FOR FURTHER INFORMATION CONTACT: By oats and wheat; propargite on apples from tolerances when appropriate, mail: Niloufar Nazmi, Special Review and figs; simazine on sugarcane; and under section 408. For processed foods, triadimefon on wheat. These proposed and Reregistration Division (7508W), food additive regulations (FARs) setting revocations are one of a series of actions Environmental Protection Agency, 401 maximum permissible levels of being taken in response to a decision of M St. SW., Washington, DC, 20460. pesticide residues are established under the Ninth Circuit Court of Appeals Office location and telephone number: section 409. Section 409 FARs are regarding the Delaney clause in section Crystal Station #1, 2800 Crystal Drive, needed, however, only for certain 409 of the Federal Food, Drug and Arlington, VA. Telephone 703–308– pesticide residues in processed food. Cosmetic Act (FFDCA). EPA proposes to 8028, nazmi@[email protected]. Under section 402(a)(2) of the FFDCA, SUPPLEMENTARY INFORMATION: leave the remaining tolerances in place. no section 409 FAR is required for DATES: Written comments, identified by Table of Contents: pesticide residues carrying from raw to the docket number [OPP–300415], must processed food if the residue in the be received on or before May 30, 1996. I. Introduction II. Background processed food, when ready to eat, is ADDRESSES: By mail, submit comments A. Statutory Background equal to or below the section 408 to: Public Response Section, Field B. EPA’s Policy Concerning Coordination tolerance for that pesticide in or on the Operations Division (7506C), Office of of Its Authorities Under Sections 408 and 409 RAC from which it was derived, and all Pesticide Programs, Environmental of the FFDCA other conditions of section 402(a)(2) are Protection Agency, 401 M St., SW., C. Regulatory Background met. This exemption in section 402(a)(2) Washington, DC 20460. In person, bring III. Today’s Action is commonly referred to as the ‘‘flow- comments to: OPP Docket, Public IV. Determination of the Need for a Section through’’ provision because it allows the Information Branch, Field Operations 409 FAR section 408 raw food tolerance to flow Division, Rm. 1132, Crystal Mall #2, A. Pesticide Uses that Do Not Need a Section 409 FAR through to the processed food form. 1921 Jefferson Davis Hwy., Arlington, B. Pesticide Uses Previously Found Not Thus, a section 409 FAR is necessary to VA. The telephone number for the OPP to Need Any Section 409 FARs prevent foods from being deemed docket is (703) 305–5805. Information C. Additional Pesticide Uses Found Not adulterated when the concentration of submitted as a comment concerning this to Need Any Section 409 FARs the pesticide residue in a processed document may be claimed confidential D. Pesticide Uses that Need a Section food carrying over from the RAC is by marking any part or all of that 409 FAR greater than the tolerance prescribed for information as ‘‘Confidential Business V. Delaney Clause Determinations for the RAC, or if the processed food itself Information’’ (CBI). Information so Needed Section 409 FARs VI. Proposed Revocations is treated or comes in contact with a marked will not be disclosed except in VII. Consideration of Comments pesticide. accordance with procedures set forth in VIII. Public Docket To establish a tolerance regulation 40 CFR part 2 and in section 10 of the IX. Regulatory Requirements under section 408, EPA must find that Federal Insecticide, Fungicide and the regulation would ‘‘protect the public Rodenticide Act (FIFRA). For questions I. Introduction health.’’ 21 U.S.C. 346a(b). In reaching related to disclosure of materials, In this notice, EPA announces its this determination, EPA is directed to contact the OPP Docket at the telephone decision whether 41 section 408 consider, among other things, the number given above. A copy of the tolerances for 22 pesticides should be ‘‘necessity for the production of an comment that does not contain CBI revoked under EPA’s policy concerning adequate, wholesome, and economical must be submitted for inclusion in the the coordination of its authorities under food supply.’’ Id. If a food additive public record. Information not marked sections 408 and 409 of FFDCA. For regulation must be established, section confidential may be disclosed publicly those tolerances that EPA has 409 of the FFDCA requires that the use by EPA without prior notice. All written determined should be revoked, EPA is of the pesticide will be ‘‘safe’’ (21 U.S.C. comments will be available for public in this notice proposing revocation. 348(c)(3)). Section 409 also contains the Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Proposed Rules 8175

Delaney clause, which specifically However, in responding to the NFPA the adulteration of food (60 FR 49142, provides that, with little exception, ‘‘no petition on June 14, 1995 (60 FR 31300), September 21, 1995). additive shall be deemed safe if it has EPA announced it would consider a far Having completed review (at least been found to induce cancer when greater range of information in making through the stage of issuing a proposed ingested by man or animal’’ (21 U.S.C. the determination concerning the action) of the section 409 FARs 348(c)(3)). likelihood of residues in processed food identified as potentially inconsistent exceeding the section 408 tolerance. with the Delaney clause, EPA, in this B. EPA’s Policy Concerning notice, has focused its attention on the Coordination Of Its Authorities Under C. Regulatory Background application of the coordination policy to Sections 408 and 409 of the FFDCA 1. Les v. Reilly. On May 25, 1989, the the section 408 tolerances. Specifically, EPA traditionally has followed a State of California, the Natural EPA is focusing on the section 408 policy of coordinating its authorities Resources Defense Council (NRDC), tolerances associated with the section under section 408 and section 409 of the Public Citizen, the AFL-CIO, and several 409 FARs considered in the July 1994, FFDCA. Thus, if use of a pesticide individuals filed a petition requesting January 1995, and September 21, 1995 would result in residues in a RAC that EPA revoke several food additive notices, as well as several other section needing a section 408 tolerance and regulations. The petitioners argued that 408 tolerances identified previously as residues in a processed food needing a these food additive regulations should potentially affected by EPA’s section 409 FAR, EPA would not be revoked because they violated the coordination policy. Today’s notice approve either the section 408 tolerance Delaney clause. announces decisions on 41 section 408 or the section 409 FAR if EPA could not EPA responded to the petition by tolerances of 22 pesticides. These approve both. Similarly, EPA would not revoking certain food additive pesticides are summarized in Table 1 of approve a FIFRA registration for a use regulations, but retained several others Unit III of this document. EPA is of a pesticide if all needed tolerances on the grounds that the Delaney clause proposing to revoke 9 section 408 and FARs connected with that use could provides an exception for pesticide tolerances for 5 pesticides and is not be approved. residues posing de minimis risk; EPA proposing not to revoke the remaining In September 1992, the National Food denied the petition with respect to the 31 section 408 tolerances. The one Processors’ Association (NFPA) and food additive regulations determined to remaining section 408 tolerance was other food-related organizations filed a fall under this exception. EPA’s previously revoked. petition with EPA challenging the response was challenged by the 2. California v. Browner. In a court legality of EPA’s coordination policy. In petitioners in the U.S. Court of Appeals, approved settlement, entered on a policy statement issued on January 25, Ninth Circuit. On July 8, 1992, the court February 9, 1995, in the case of 1996, (61 FR 2378) EPA for the most ruled in Les v. Reilly, 968 F.2d 985 (9th California v. Browner, EPA agreed to part rejected the NFPA’s arguments Cir.), cert. denied, 113 S.Ct. 1361 (1993), make decisions regarding pesticides that concerning the coordination policy. that the Delaney clause barred the may be affected by the Delaney clause. EPA will continue to coordinate its establishment of a food additive This settlement agreement includes actions under sections 408 and 409. regulation for pesticides which ‘‘induce appendices listing pesticides and uses Where a pesticide needs a section 409 cancer’’ no matter how infinitesimal the upon which EPA must make decisions, FAR but such FAR cannot be granted risk. In response to the court’s decision and a timetable for making the because of the Delaney clause, EPA in Les v. Reilly, EPA has taken steps to decisions. The settlement required EPA generally will not grant, or allow to identify and revoke all section 409 FARs to rule on the NFPA petition that continue, the associated section 408 for pesticides which ‘‘induce cancer.’’ challenged a number of policies under tolerance. On March 30, 1994, EPA issued a list of which EPA administers its tolerance- The critical issue in the application of pesticide uses which potentially could setting program. This proposal complies the coordination policy is whether there be affected by the court’s decision. (59 with the timeframes in the California v. is a likelihood of residues exceeding the FR 14980) (Note that, for the purpose of Browner settlement. section 408 tolerance in ready-to-eat today’s document, this list has been On June 14, 1995, EPA published a (RTE) processed food. If there is such a superseded by Appendices to the court- partial response to the NFPA petition likelihood of over-tolerance residues, approved settlement in California v. (60 FR 31300). The Agency concluded EPA believes it is a reasonable Browner.) EPA has taken the following that some changes were warranted to its interpretation of section 408 to conclude actions in response to Les v. Reilly: policies concerning application of the that the section 408 tolerance does not (1) Revoked certain FARs of six Delaney clause. On January 25, 1996 (61 meet the statutory standard under pesticides that were the subject of the FR 2378) EPA completed its response to section 408 (‘‘protect the public health’’) original NRDC petition. (58 FR 37862, the NFPA petition by reaffirming its and thus must be revoked. The criteria July 14, 1993; 58 FR 59663, November coordination policy. Today’s proposals EPA follows in determining the 10, 1993; and 59 FR 10993, March 9, are in accordance with EPA’s responses likelihood that residues in processed 1994-a number of these actions have to the NFPA petition. food will exceed the section 408 been challenged in court or have been III. Today’s Action tolerance are called the concentration stayed). policy. Until recently, EPA’s (2) Proposed to revoke 26 FARs for In the California v. Browner concentration policy had focused almost seven pesticides (59 FR 33941, July 1, settlement, EPA agreed to make entirely on the results of food 1994). decisions by April, 1997 concerning processing studies and concentration (3) Proposed to revoke six FARs for whether 81 section 408 tolerances factors derived from those studies. four pesticides (60 FR 3607, January 18, violated EPA policies regarding the Concentration factors measure the ratio 1995). coordination of its authority under between residue levels in the processed (4) Proposed to revoke two FARs for sections 408 and 409. The settlement food and the precursor raw crop (e.g., a two pesticides as inconsistent with the recognized that these policies might be concentration factor of 2 indicates that Delaney clause and proposed to revoke modified by EPA’s response to the residues in the processed food are twice 34 other FARs for 16 pesticides because NFPA petition. Today’s notice the level of residues in the raw crop). the FARs were not needed to prevent announces EPA’s decisions regarding 41 8176 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Proposed Rules of those tolerances (See Table 1 of this TABLE 1.ÐSECTION 408 RAW FOOD concentration policy. EPA applies the document.) EPA has treated the TOLERANCES IN THIS NOTICE.ÐCon- concentration policy to examine the California v. Browner consent decree as tinued likelihood that use of a pesticide on a the equivalent of a petition under raw agricultural commodity will result section 408(e) requesting the Pro- in residues in a processed food reexamination of the legality, under the Pesticide Crop CFR posed exceeding the section 408 tolerance. coordination policy, of the tolerances Cite Deci- sions A. Pesticide Uses that Do Not Need a listed in the appendices to the decree. Section 409 FAR This notice, in effect, acts on the Oxyfluor- Cottonseed 180.381 Retain EPA has determined that its petition by proposing revocation of fen. those tolerances that EPA has coordination policy does not warrant ...... Peppermint 180.381 Retain determined do not meet the statutory revoking 31 of the 41 section 408 standard under section 408 and by ...... Spearmint .. 180.381 Retain tolerances because no section 409 FAR proposing not to initiate a revocation ...... Soybeans .. 180.381 Retain is needed for these tolerances. EPA has proceeding against those tolerances to PCNB ... Tomatoes .. 180.319 Retain concluded that section 409 FARs are not which EPA has found the coordination Permeth- Tomatoes .. 180.378 Retain needed principally for one of three policy is inapplicable. EPA is seeking rin. reasons. First, for several pesticide/ comment on both the proposed Propargi- Apples ...... 180.259 Revoke processed food combinations, EPA has revocations and its proposed decisions te. received new processing studies not to revoke and will issue a final order ...... Figs ...... 180.259 Revoke indicating that residues in processed following the receipt and review of such ...... Grapes ...... 180.259 Retain food are not likely to exceed the section comments...... Plums ...... 180.259 Retain 408 tolerance. Second, application of Simazine Sugarcane . 180.213 Revoke EPA’s new concentration policy has shown that, for several of the pesticide TABLE 1.ÐSECTION 408 RAW FOOD Thiodica- Cottonseed 180.407 Retain uses, residues in processed food are not TOLERANCES IN THIS NOTICE. rb. likely to exceed the section 408 ...... Soybeans .. 180.307 Retain Pro- tolerance. Third, several processing Triadime- Grapes ...... 180.410 Retain byproducts have been dropped from CFR posed fon. Pesticide Crop Cite Deci- EPA’s list of significant animal feed sions ...... Wheat ...... 180.410 Revoke items and therefore FARs are no longer ...... Pineapple .. 180.410 Retain needed for these processed Acephat- Cottonseed 180.108 Retain commodities. See 60 FR 49144. e. In reviewing these 41 section 408 In a proposed revocation published Alachlor . Sunflower 180.249 Pre- tolerances under its coordination policy, September 21, 1995 (60 FR 49142), EPA seed. vious- EPA’s first step was to determine explained which of these factors applied ly re- whether the section 409 FARs for such to several of the section 409 FARs voked tolerances were needed. If a section 409 associated with section 408 tolerances Benomyl Citrus ...... 180.294 Retain FAR is not needed in connection with addressed in this notice. Those FARs ...... Rice ...... 180.294 Retain a section 408 tolerance, the coordination are listed in this unit with a cross- Captan .. Grapes ...... 180.103 Retain policy would not be triggered because it reference to the earlier notice. EPA has ...... Tomatoes .. 180.103 Retain only addresses the appropriate action to also evaluated additional pesticide uses Carbaryl Pineapples . 180.169 Retain be taken where approvals are needed having section 408 tolerances to Dicofol .. Apples ...... 180.163 Revoke under both sections 408 and 409. determine where section 409 FARs If EPA determined that a section 409 would be needed. This notice includes ...... Grapes ...... 180.163 Revoke FAR is needed, EPA then determined explanations of EPA’s conclusions ...... Plums ...... 180.163 Revoke whether a section 409 FAR for the regarding whether section 409 FARs are, ...... Tomatoes .. 180.163 Retain pesticide in question would comply or are not needed. A fuller explanation Difluben- Soybeans .. 180.377 Retain with the Delaney clause. If a needed as to each pesticide use is included in zuron. section 409 FAR would violate the the public docket. Dimethi- Cottonseed 180.406 Retain Delaney clause, EPA applied its B. Pesticide Uses Previously Found Not pin. coordination policy and has, where to Need Any Section 409 FARs Ethylene Whole 180.151 Retain appropriate, proposed in this notice the Oxide. spices (di- revocation of each section 408 tolerance On September 21, 1995, EPA rect treat- for which the Delaney clause bars the proposed to revoke the following FARs ment). establishment or maintenance of a on the ground that no section 409 FAR Iprodione Peanuts ..... 180.399 Retain section 409 FAR. was needed to prevent processed food ...... Rice ...... 180.399 Retain from being considered adulterated: (1) IV. Determination of the Need For a Acephate on cottonseed hulls and Lindane . Tomatoes .. 180.133 Retain Section 409 FAR Mancoz- Barley ...... 180.176 Retain cottonseed meal; (2) benomyl on dried eb. Because the coordination policy has citrus pulp and rice hulls; (3) carbaryl ...... Grapes ...... 180.176 Retain no application to section 408 tolerances on pineapple bran; (4) diflubenzuron on that do not need section 409 FARs, EPA soybean hulls and soybean soapstock; ...... Oats ...... 180.176 Revoke has first examined whether each of the (5) dimethipin on cottonseed hulls; (6) ...... Rye ...... 180.176 Retain 41 section 408 tolerances need FARs iprodione on peanut soapstock, rice ...... Wheat ...... 180.176 Revoke under current Agency policies. The bran and rice hulls; (7) mancozeb on Maneb .. Grapes ...... 180.110 Retain determination whether a section 409 milled fractions of barley, oats, rye and Methom- Wheat ...... 180.253 Retain FAR is needed to prevent a food from wheat; (8) propargite on dried apple yl. being considered adulterated primarily pomace and dried grape pomace; (9) Norflura- Grapes ...... 180.356 Retain involves application of EPA’s thiodicarb on cottonseed hulls and zon. Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Proposed Rules 8177 soybean hulls; and (10) triadimefon on section 409 FAR for prunes. Based on a FAR is not needed. Captan on grapes wet and dry grape pomace and raisin new processing study, EPA has has or needs no other section 409 FARs. waste. 60 FR 49142, September 21, determined that the concentration factor b. Mancozeb on barley and rye. There 1995). for propargite on prunes compared to are section 409 FARs for residues of Based on these determinations, EPA plums is less than one. Therefore, no mancozeb on bran, flour and milled concludes that the following 10 section section 409 FAR is needed for prunes. fractions as an animal feed. 408 tolerances have or need no other Propargite on plums has or needs no Flours of barley and rye. After section 409 FARs and thus there is no other section 409 FARs. examining several processing studies reason under the coordination policy to 2. Revised concentration policy. EPA’s involving mancozeb residues on grains, revoke these tolerances: (1) Acephate on concentration policy is used to EPA has determined that the average cottonseed; (2) benomyl on citrus; (3) determine whether a section 409 FAR is concentration factor for the processing carbaryl on pineapple; (4) diflubenzuron necessary. EPA’s determination focuses of flours is less than one. Therefore, the on soybeans; (5) dimethipin on on the likelihood that residue levels in section 409 FARs are not needed for cottonseed, (6) iprodione on peanuts the processed food will exceed the these flours. and rice; (7) thiodicarb on cottonseed associated section 408 tolerance level. Brans of barley and rye. The use of and soybeans; and (8) triadimefon on In determining the likelihood of mancozeb on barley and rye have grapes. tolerance exceedance, EPA now section 409 FARs for bran. On May 19, It should be noted that unless all considers the averaging of residue 1993, EPA published the receipt of a needed section 409 FARs can be values that results from the blending of petition requesting the revocation of approved, EPA will apply the crops (highest average field trial or brans of barley and rye on the basis that they are not needed (58 FR 29318). EPA coordination policy to revoke the HAFT), average concentration factor has determined that rye bran is not a underlying section 408 tolerance for the (from multiple processing studies), and significant human food item. EPA has RAC. This means that even if EPA can the dilution of residues that occurs also determined that both rye and barley determine that one section 409 FAR is when a not ready-to-eat processed food bran are not RTE foods and that once not needed by application of the factors is made into ready-to-eat food. Below they are prepared to their RTE forms, noted above, but other section 409 FARs EPA explains which of those factors mancozeb residues are unlikely to continue to be needed, the coordination resulted in the determination that exceed the section 408 tolerances for rye policy applies. For example, in the list section 409 FARs are not needed for the above, propargite no longer requires a and barley grains. Therefore, the section following section 408 tolerances. FAR on dried apple pomace because it 409 FARs for mancozeb on brans of a. Captan on grapes. This use has is not a significant animal feed, but does barley and rye are not needed and EPA section 409 FARs for pre-harvest require a FAR on wet apple pomace. will soon be publishing a Federal treatment of grapes and post-harvest Since the FAR on wet apple pomace is Register notice revoking them. treatment of raisins. needed and violates the Delaney clause Mancozeb on barley and rye has or (see Unit IV.D. of this document), EPA Pre-harvest treatment of grapes. EPA needs no other section 409 FARs. is proposing to revoke the section 408 has reconsidered the available grape/ c. Methomyl on wheat. This use does tolerance for propargite on apples. raisin processing studies and has not have a section 409 FAR for wheat determined that only those studies that bran but was previously identified as C. Additional Pesticide Uses Found Not involve washing the fruit after it has needing one. EPA has multiplied the to Need Any Section 409 FARs been dried in the field reflect current HAFT by the average concentration 1. Recent processing studies— a. processing practices. When those data factor to calculate the expected residue oxyfluorfen on soybeans. This use has a which include a washing step were used levels in bran. The data show that section 409 FAR for soybean oil. Based to evaluate the need for a section 409 residues in bran are not likely to on a new processing study, EPA has FAR for raisins, the average significantly exceed the section 408 determined that the concentration factor concentration factor for residues of tolerance and therefore a section 409 for oxyfluorfen residues in soybean oil captan per se on washed raisins is less FAR for bran is not required. Methomyl compared to soybeans is less than one. than one. Therefore, no section 409 FAR on wheat has or needs no other section Therefore, EPA concludes that residues is needed for residues from pre-harvest 409 FARs. in soybean oil are unlikely to exceed the treatment. The Captan Task Force has d. Oxyfluorfen on cottonseed, section 408 tolerance and no section 409 petitioned EPA to revoke the section peppermint, and spearmint. The uses of FAR is needed for soybean oil. 409 FAR to the extent it is premised on oxyfluorfen on cottonseed, peppermint, Oxyfluorfen on soybeans has or needs pre-harvest treatment of grapes and EPA and spearmint have section 409 FARs no other section 409 FARs. will be acting on that petition shortly. for oils produced from these crops. EPA b. Benomyl on rice. This use was Post-harvest treatment of raisins. EPA has determined that cottonseed oil, previously identified as needing a has received a petition from the Captan peppermint oil, and spearmint oils are section 409 FAR for rice bran. Based on Task Force requesting revocation of the not RTE human foods and once in their a new processing study, EPA has section 409 FAR covering the post- RTE forms, the residues of oxyfluorfen determined that the concentration factor harvest treatment of raisins because, are unlikely to exceed the section 408 for benomyl residues in rice bran they claim, captan is not used on drying tolerances. EPA will soon be acting on compared to rice is less than one. raisins and the FAR is outdated and a petition requesting revocation of these Therefore, no section 409 FAR is needed erroneous. EPA agrees with the FARs on these grounds. Oxyfluorfen on for rice bran. As noted above, EPA Petitioner and will shortly publish its cottonseed, peppermint, and spearmint determined in the September 1995 formal determination that no FAR is have or need no other section 409 FARs. notice that no section 409 FAR is needed for post-harvest treatment in a The Agency believes that most refined needed for benomyl on rice hulls. final rule. oils (e.g., soybean oil, olive oil) should Benomyl on rice has or needs no other Grape juice. After examining 17 be considered RTE commodities based section 409 FARs. processing studies, EPA has determined on their availability to the general c. Propargite on plums. This use was that the average concentration factor in public in typical grocery stores and previously identified as needing a juice is less than one. Therefore, this subsequent use on salads. The latter use 8178 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Proposed Rules is very similar to condiments, which the (11)Propargite on grapes does not need TABLE 2.ÐSECTION 408 RAW FOOD Agency noted in its June 1995 response a raisin waste FAR. If no other section TOLERANCES BEING PROPOSED FOR to the NFPA petition should be 409 FARs are needed, the coordination RETENTIONÐContinued considered RTE foods. In this notice, policy does not require revocation of the EPA for the first time makes a RTE section 408 tolerances. Raw commodity determination for cottonseed oil. Unlike 4. Other— a. Alachlor on sunflower Pesticide most other refined oils, cottonseed oil seeds. This tolerance was revoked on Crop CFR has very limited availability in grocery August 3, 1994 (59 FR 39464). cite stores. The National Cottonseed b. Ethylene oxide on raw whole Dimethipin ...... Cottonseed . 180.406 Products Association (NCPA) has spices. Ethylene oxide is used as direct estimated that only 0.1% of all U.S. treatment of raw whole spices and Ethylene Oxide ...... Whole 180.151 cottonseed oil production is sold at the spices (di- processed ground spices. Ethylene oxide rect treat- grocery store level. NCPA has informed has both a section 408 tolerance (raw ment). the Agency that most cottonseed oil is whole spices) and a section 409 FAR Iprodione ...... Peanuts ...... 180.399 used by the snack food industry. As an (processed ground spices). The FAR, ...... Rice ...... 180.399 example, it is a good frying medium for however, is needed only for direct Lindane ...... Tomatoes .... 180.133 production of potato chips. Based on its treatment of processed ground spices almost exclusive use by the food and not because of any concern that Mancozeb ...... Barley ...... 180.176 processing industry, the Agency has treatment of raw whole spices will lead ...... Grapes ...... 180.176 determined that cottonseed oil is not to residues in processed spices at a level ...... Rye ...... 180.176 ready to eat. As noted above, EPA exceeding the section 408 tolerance. The Maneb ...... Grapes ...... 180.110 believes that most other refined oils residues of ethylene oxide in processed Methomyl ...... Wheat ...... 180.253 should be considered ready to eat. The ground spices from treatment of whole Norflurazon ...... Grapes ...... 180.356 Agency is requesting public comment raw spices are not expected to exceed Oxyfluorfen ...... Cottonseed . 180.381 and information on whether oils such as the section 408 tolerance. soybean, peanut, olive and corn should ...... Peppermint . 180.381 c. Triadimefon on pineapple. Pure ...... Spearmint ... 180.381 be considered ready to eat. pineapple bran is no longer considered ...... Soybeans .... 180.381 e. Propargite on grapes. This use has a significant feed item and has been a section 409 FAR for raisins. EPA has dropped from the list of significant feed PCNB ...... Tomatoes .... 180.319 multiplied the HAFT by the average items in the Agency’s Residue Permethrin ...... Tomatoes .... 180.378 concentration factor to calculate the Chemistry Guidelines. However, EPA Propargite ...... Grapes ...... 180.259 expected residue levels in raisins. The has added pineapple process residue to ...... Plums ...... 180.259 data show that residues in raisins are this table of significant feed items Thiodicarb ...... Cottonseed . 180.407 not likely to exceed the section 408 because the Agency has determined that tolerance for grapes and therefore a ...... Soybeans .... 180.407 the material typically fed to livestock is Triadimefon ...... Grapes ...... 180.410 section 409 FAR is not needed. EPA will pineapple process residue. This feed soon be publishing a Federal Register ...... Pineapple .... 180.410 item consists of tops (minus crowns), notice revoking this FAR. The section bottoms, trimmings, pulp (remaining 409 FAR for dry grape pomace was after squeezing for juice), and, in some D. Pesticide Uses that Need a Section proposed for revocation in September cases, cull pineapples. Since the 409 FAR 21, 1995. Propargite on grapes has or processing study for triadimefon in needs no other section 409 FARs. EPA has determined that under its 3. Insignificant animal feeds. As pineapples shows that residues do not revised concentration policy the explained above, several processing concentrate in the process residue, a pesticide uses listed in this unit need byproducts (including tomato pomace, section 409 FAR is not needed. section 409 FARs to prevent the dried grape pomace, and raisin waste) Triadimefon on pineapple has or needs adulteration of processed food. have been dropped from EPA’s list of no other section 409 FARs. In analyzing the need for section 409 significant animal feed items and Table 2 below summarizes the section FARs, EPA has taken into account not therefore their section 409 FARs are not 408 raw food tolerances that EPA is not only existing section 408 tolerances but needed. Table 2 of this unit lists section proposing to revoke under its also available residue data bearing on 408 tolerances with the corresponding coordination policy. whether the current section 408 animal feeds that do not need section tolerance should be revised under 409 FARs: (1) Captan on grapes does not TABLE 2.ÐSECTION 408 RAW FOOD existing tolerance-setting policies. EPA need a raisin waste FAR; (2) captan on TOLERANCES BEING PROPOSED FOR has received large amounts of residue tomatoes does not need a dry tomato RETENTION data as part of the reregistration pomace FAR; (3) dicofol on grapes does program. Review of these data shows not need a dry grape pomace or a raisin Raw commodity that, in several instances, the existing section 408 tolerance is set either too waste FAR; (4) dicofol on tomatoes does Pesticide CFR not need a dry/wet tomato pomace FAR; Crop cite high or too low. Tolerance adjustments (5) lindane on tomatoes does not need would normally be accomplished a dry tomato pomace FAR; (6) mancozeb Acephate ...... Cottonseed . 180.108 through the reregistration program. on grapes does not need a raisin waste Benomyl ...... Citrus ...... 180.294 EPA, however, sees no reason to wait until these tolerances are formally FAR; (7) maneb on grapes does not need ...... Rice ...... 180.294 a raisin waste FAR; (8) norflurazon on revised to determine whether the Captan ...... Grapes ...... 180.103 grapes does not need a raisin waste pesticide concentrates for the purpose of FAR; (9) PCNB on tomatoes does not ...... Tomatoes .... 180.103 applying the coordination policy. EPA need a dry tomato pomace FAR; (10) Carbaryl ...... Pineapples .. 180.169 has decided that it should base its permethrin on tomatoes does not need Dicofol ...... Tomatoes .... 180.163 concentration decision upon the most dry/ wet tomato pomace FAR; and Diflubenzuron ...... Soybeans .... 180.377 recent data on residues in raw crops. If Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Proposed Rules 8179 those data indicate that section 408 EPA determined in its June 1994 1 ppm. This use has a section 409 FAR tolerances should be adjusted, EPA has revision to the Residue Chemistry for oat bran and oat flour. EPA believes used the adjusted section 408 tolerance Guidelines Table II (June 8, 1994; 59 FR that the bran FAR is needed under its level as the basis for its determination 29603) and reaffirmed in September concentration policy but the flour FAR of whether a section 409 FAR is needed. 1995 (September 21, 1995; 60 FR 49150) is not. EPA considers oat bran a The basis for EPA’s determination that that dried apple pomace is not a significant human food item which is the tolerance should be adjusted is in significant animal feed. FARs for dried RTE. The average concentration factor the docket. apple pomace will eventually be in the processing of oat bran is 2 and the In two cases (dicofol/plums and revoked because they are not needed. HAFT for mancozeb on oats is 0.98 mancozeb/oats), the level of residues in However, without a FAR for dried ppm. Because multiplying the average the processed food is between the pomace, wet apple pomace needs a concentration factor by the HAFT current section 408 tolerance and an FAR. Under the criteria of both the June exceeds the adjusted section 408 adjusted lower 408 tolerance. If EPA 1994 and the September 1995 Table II, tolerance for mancozeb on oats, EPA were to make its determination of the wet apple pomace is considered a believes that it is likely that some oat need for a section 409 FAR based on the significant animal feed. This is not a bran will contain residues exceeding the current higher tolerance, EPA might in new determination by EPA; however, recommended tolerance level. After this notice decide that revocation was the decision to remove dried apple examining several processing studies not warranted only to have to revise that pomace highlighted the continued involving mancozeb residues on grains, determination in the near future once status of wet apple pomace as a EPA has determined that the average the overall tolerance reassessment for significant animal feed. Wet apple concentration factor for the processing the pesticide is complete. Once the pomace is also considered a RTE animal of flours is less than one. overall tolerance reassessment for the feed. In addition to a section 408 tolerance pesticide is complete, EPA would take Dicofol currently has no FARs for for oat grain, mancozeb has a section the identical action proposed here: EPA apple pomace, wet or dried. Under the 408 tolerance for oat straw. EPA would explain why the tolerance new Residue Table II, no FAR is needed believes that straw production cannot be needed to be lowered but then propose for dried apple pomace, but one is separated from grain production to revoke the existing tolerance because needed for wet apple pomace. The because oat grain and straw are amending the existing tolerance would average concentration factor in the harvested simultaneously from the not be consistent with the coordination processing of wet apple pomace is 6.6 mature plant. Oats would not be grown policy. and the HAFT for dicofol on apples is solely for straw considering its low In two other cases (dicofol/apples and 2.32. Because multiplying the average value relative to grain. Therefore, it is propargite/apples), the level of residues concentration factor by the HAFT not practical to limit use of a pesticide in the processed food is higher than exceeds the adjusted section 408 to oats grown for straw and the Agency both the current and adjusted section tolerance of 7 ppm for dicofol on apples, is proposing to revoke the oat straw 408 tolerances. In this case, adjusting EPA believes that it is likely that some tolerance for mancozeb. the tolerance is irrelevant to the need for wet apple pomace will contain residues 5. Mancozeb on wheat. The current a section 409 FAR. Nonetheless, in all exceeding the adjusted tolerance level. section 408 tolerance for mancozeb on situations where a tolerance needs to be 2. Dicofol on grapes. This use needs wheat grain is 5 ppm (40 CFR 180.176). adjusted (whether raised or lowered), a section 409 for raisins. The average Evaluation of new residue data indicates EPA believes the focus of the concentration factor in the processing of that the tolerance should be reduced to coordination policy analysis should be raisins is 6.6 and the HAFT for dicofol 1 ppm. This use has a section 409 FAR the tolerance value that would be set on grapes is 3.02. Because multiplying for wheat flour. EPA believes that the taking into account the most current the average concentration factor by the flour FAR is not needed under its data. HAFT exceeds the section 408 tolerance concentration policy. After examining 1. Dicofol on apples. The current for dicofol on grapes (5 ppm), EPA several processing studies involving section 408 tolerance for dicofol on believes that it is likely that some mancozeb residues on grains, EPA has apples is 5 ppm (40 CFR 180.163). raisins will contain residues exceeding determined that the average Evaluation of new residue data indicates the tolerance. concentration factor for the processing that the tolerance should be raised to 7 3. Dicofol on plums. The current of flours is less than one. The section ppm. section 408 tolerance for dicofol on 409 FAR for wheat bran was revoked on This use needs a section 409 FAR for plums is 5 ppm (40 CFR 180.163). July 14, 1993 (58 FR 37682) because it wet apple pomace. When apples are Evaluation of new residue data indicates violated the Delaney clause. The bran processed, residues may concentrate in that the tolerance should be reduced to FAR is needed to prevent the both wet and dried apple pomace, with 1 ppm. This use needs a section 409 adulteration of wheat bran. Multiplying a greater potential concentration in FAR for prunes. The average the average concentration factor in the dried apple pomace. A section 409 FAR concentration factor in the processing of processing of wheat bran (2) times the for dried apple pomace would therefore prunes is 3.1 and the HAFT for dicofol HAFT for mancozeb on wheat (0.97 cover the lower level of residues in wet on plums is 0.79. Because multiplying ppm) yields a result exceeding the apple pomace. In years past EPA often the average concentration factor by the adjusted tolerance level (1 ppm). did not establish a separate section 409 HAFT exceeds the adjusted section 408 In addition to a section 408 tolerance FAR for wet apple pomace, which tolerance for dicofol on plums, EPA for wheat grain, mancozeb has a section tended to obscure the fact that wet believes that it is likely that some 408 tolerance for wheat straw. Wheat pomace itself was regarded by EPA as a prunes will contain residues exceeding production is similar to oat production significant animal feed. More recently, the adjusted tolerance level. with respect to straw, and EPA is tolerance listings for apple pomace have 4. Mancozeb on oats. The current therefore proposing to revoke the included both wet and dried pomace, section 408 tolerance for mancozeb on section 408 tolerance for mancozeb on either with a single tolerance level oat grain is 5 ppm (40 CFR 180.176). wheat straw. based on the dried apple pomace or Evaluation of new residue data indicates 6. Propargite on apples. The current separate tolerance levels. that the tolerance should be reduced to section 408 tolerance for propargite on 8180 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Proposed Rules apples is 3 ppm (40 CFR 180.259). relationships between average residues 10993; 59 FR 33941; 60 FR 3607). Full Evaluation of new residue data indicates and tolerances or maximum field trial copies of each of these reviews and that the tolerance should be raised to 20 residues will be placed in the docket for other references in this document are ppm. this notice. EPA’s conclusion regarding available in the OPP Docket, the This use currently has a section 409 the level of simazine residues in location of which is given under FAR for dried apple pomace, which sugarcane molasses is confirmed by a ‘ADDRESSES’’ above. Information on covers residues in wet apple pomace. processing study in which sugarcane dicofol is contained in OPP Docket The FAR for dried apple pomace is not treated at the maximum application rate OPP–300238, on mancozeb, propargite needed; without the FAR for dried showed total residues of 0.63 ppm in and simazine in OPP Docket OPP– pomace, a FAR for wet apple pomace is molasses, well above the 0.25 ppm 300335, and on triadimefon in OPP needed. The average concentration sugarcane tolerance. Therefore, EPA Docket OPP–300360. factor in the processing of wet apple believes that it is likely that some EPA is currently considering pomace is 5 and the HAFT for molasses will contain residues comments on the proposed revocations propargite on apples is 13.4 ppm. exceeding the tolerance. Sugarcane of section 409 FARs for propargite, Because multiplying the average syrup is not considered a significant mancozeb, simazine and triadimefon. concentration factor by the HAFT human food and therefore no section B. DES Proviso exceeds the adjusted section 408 409 FAR is needed. Bagasse is not tolerance for propargite on apples, EPA considered a significant animal feed. EPA may establish or maintain a believes that it is likely that some wet 9. Triadimefon on wheat. This use has section 409 FAR for a pesticide that apple pomace will contain residues a section 409 FAR for milled fractions induces cancer if the DES proviso exceeding the tolerance. of wheat. EPA considers milled excepts the FAR from the Delaney 7. Propargite on figs. This use has a fractions of wheat to be RTE human clause. Thus, when a pesticide needing section 409 FAR for dried figs and EPA food (i.e. bran). The average a FAR is found to induce cancer, EPA believes that this FAR is needed under concentration factor in the processing of must determine if the FAR is its concentration policy. The average milled fractions of wheat is 3.7 and the nonetheless excepted from the Delaney concentration factor in the processing of HAFT for triadimefon on wheat is 0.6 clause prohibition by the DES proviso. dried figs is 2.7 and the HAFT for ppm. Because multiplying the average The DES proviso applies to a FAR propargite on figs is 1.8 ppm. Because concentration factor by the HAFT when no detectable residues are multiplying the average concentration exceeds the section 408 tolerance for expected in the animal commodities factor by the HAFT exceeds the section triadimefon on wheat (1.0 ppm), EPA (meat, milk, poultry, eggs) as a result of 408 tolerance for propargite on figs (3 believes that it is likely that some milled animal consumption of feeds containing ppm), EPA believes that it is likely that fractions will contain residues residues permitted by the FAR (60 FR some dried figs will contain residues exceeding the tolerance. 49142, September 21, 1995). If no exceeding the tolerance. In addition to a section 408 tolerance detectable residues of the chemical can 8. Simazine on sugarcane. This use for wheat grain, triadimefon also has be found in the animal commodities, the has a corresponding section 409 FAR for section 408 tolerances for wheat green FAR can be maintained or established. molasses as human food and animal forage and straw. EPA is proposing to The nine pesticide uses listed in Unit feed and previously was identified as revoke the section 408 tolerance for IV. D of this document have or need needing FARs for syrup and bagasse. triadimefon on wheat straw for the same section 409 FARs that are or would be EPA considers molasses to be a RTE reasons given for mancozeb. However, inconsistent with the Delaney clause. food and feed item. The average wheat forage in some areas is grown However, only three of these FARs are concentration factor in the processing of solely for the purpose of producing for animal feed items and thus have molasses is 10. A determination of the forage, and not grown to maturity to been further analyzed to determine HAFT has not been made since the produce wheat grain. Some is grown in whether they are allowed under the DES concentration factor is so large that the mixed stands with other grassy crops proviso. HAFT multiplied by that number is 1. Dicofol on wet apple pomace. EPA such as ryegrass, making it impractical certain to appreciably exceed the concludes that the DES proviso would to produce wheat grain from such fields. section 408 tolerance (.25 ppm). not except the dicofol FAR from the Based on these agronomic practices, EPA expects that in most cases the Delaney clause. A dicofol FAR for wet EPA believes that a pesticide label HAFT will not be lower than the apple pomace does not qualify because restriction limiting the use of tolerance by a factor of two. This detectable residues in animal triadimefon to wheat grown for forage is conclusion is based on EPA’s commodities are expected as a result of practical. Therefore, EPA is not experience with setting 408 tolerances feeding treated wet apple pomace to proposing to revoke the section 408 (i.e., how they are derived based on the animals. A memorandum explaining tolerance for triadimefon on wheat highest residue values) and with the EPA’s analysis is included in the green forage even though the grain and relationships between average residues docket. in field trials and either tolerances or straw tolerances are proposed for 2. Propargite on wet apple pomace. maximum field trial residues, which are revocation. EPA concludes that the DES proviso usually close to the tolerance. In most V. Delaney Clause Determinations For does not except the propargite FAR from cases, average residues across all field Needed Section 409 FARs the Delaney clause. The propargite FAR trials for a given crop are 2 to 6 times does not qualify because detectable less than a tolerance or maximum field A. Induce cancer residues in animal commodities are trial value. The highest average field For each of the pesticides listed in expected as a result of feeding trial (HAFT) will be higher than the Unit IV.D., section 409 FARs are either propargite treated wet apple pomace to average residue across all trials. established or needed. In a number of animals. A memorandum explaining Therefore, in this particular case the published proposed revocations, EPA EPA’s analysis is included in the Agency is confident that 10 times the has previously determined that the five docket. HAFT will be appreciably higher than pesticides ‘‘induce cancer’’ within the 3. Simazine on molasses. EPA has the 408 tolerance. Examples of the meaning of the Delaney clause (59 FR previously concluded that the DES Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Proposed Rules 8181 proviso does not except the simazine unlikely to have a significant, much less VIII. Public Docket FAR from the Delaney clause. (60 FR extraordinary, impact on the food A record has been established for this 49142, September 21, 1995). supply, EPA is proposing to revoke rulemaking under docket number [OPP– VI. Proposed Revocations these section 408 tolerances because 300415] (including comments and data they fail to meet the section 408 submitted electronically as described A. Section 408 Tolerances standard for establishing or maintaining below). A public version of this record, EPA proposes that the nine section tolerances. including printed, paper versions of 408 tolerances listed in Table 3 of this electronic comments, which does not unit be revoked. EPA no longer believes TABLE 3.ÐSECTION 408 TOLERANCES include any information claimed as CBI, that these tolerances meet the statutory PROPOSED FOR REVOCATION is available for inspection from 8 a.m. to standard under section 408 (‘‘protect the 4:30 p.m., Monday through Friday, excluding legal holidays. The public public health’’) because use of a Pesticide Raw Crop CFR pesticide under these tolerances is Cite record is located in Room 1132 of the likely to result in residues in processed Public Response and Program Resources food exceeding such tolerance. Such Dicofol ...... Apples ...... 180.163 Branch, Field Operations Division residues will render the processed food Grapes ...... 180.163 (7506C), Office of Pesticide Programs, adulterated under the FFDCA unless Plums ...... 180.163 Environmental Protection Agency, there is a section 409 FAR. Some of the Mancozeb ...... Oats ...... 180.176 Crystal Mall #2, 1921 Jefferson Davis nine section 408 tolerances have Highway, Arlington, VA. Wheat ...... 180.176 existing section 409 FARs that are Electronic comments can be sent inconsistent with the Delaney clause Propargite ...... Apples ...... 180.259 directly to EPA at: and they will be or have been revoked. Figs ...... 180.259 [email protected] The others need FARs but such FARs Simazine ...... Sugarcane .. 180.213 have not been, and under the Delaney Triadimefon ...... Wheat ...... 180.410 Electronic comments must be clause cannot be, established. submitted as an ASCII file avoiding the As EPA explained in its recent use of special characters and any form statement on the coordination policy, B. Impacts of encryption. (January 25, 1996, 61 FR 2378) it The official record for this believes that, if the use of a pesticide As noted in Unit IV.D. of this rulemaking, as well as the public under a section 408 tolerance is likely document, evaluation of the nine version, as described above will be kept to result in residues in a processed food pesticide uses listed in Table 3 of this in paper form. Accordingly, EPA will which Congress has, in the clearest document, under EPA’s concentration transfer all comments received terms, deemed unacceptable, Congress’ policy yields the conclusion that, in all electronically into printed, paper form heightened concern regarding such likelihood, residues in processed food as they are received and will place the residues in processed food must be can exceed the associated section 408 paper copies in the official rulemaking taken into account in determining tolerance. For these pesticide uses, EPA record which will also include all whether the section 408 tolerance also examined what the impact on the comments submitted directly in writing. complies with the statutory standard for food supply would be if these uses were The official rulemaking record is the establishing or maintaining tolerances disallowed. EPA has concluded that paper record maintained at the address under section 408. Moreover, EPA removal of the uses would have little or in ‘‘ADDRESSES’’ at the beginning of believes that where evaluation of no impact on the price or availability of this document. available data indicate that residues in food to the consumer. In fact, removal IX. Regulatory Assessment processed food can exceed the section of most of these uses is not expected to Requirements 408 tolerance, Congress’ heightened have much effect on growers. For four concern about such residues is of the uses no impact is expected. For A. Executive Order 12866 determinative of the finding under the the other five, the impact will be minor. EPA submitted this action to the section 408 standard, absent some Some individual apple, fig, and wheat Office of Management and Budget extraordinary impact upon the food growers may incur significant impacts. (OMB) for review under Executive supply. EPA believes that its revised See Unit IX. A. below for details. Order 12866 (58 FR 51735, October 4, concentration policy (60 FR 31300, June 1993). Any comments or changes made 14, 1995) involves a reasonable VII. Consideration of Comments during that review have been approach to determining the likelihood Any interested person may submit documented in the public record. of residues in processed food exceeding EPA has evaluated the economic comments on the proposed revocations the associated section 408 tolerance. impacts of this particular action for the of tolerance or EPA’s decisions not to EPA expressly noted its willingness to nine proposed revocations. Below is a revoke certain tolerances on or before use all relevant and appropriate data in summary of the results of the economic examining this question. For example, May 30, 1996 at the address given under analysis by crop. EPA stated it would, where appropriate, the‘‘ADDRESSES’’ section above. Before Apples. The most significant consider some type of average residue issuing final orders, EPA will consider economic impacts of the 408 tolerances value, average concentration values, and all relevant comments. After currently proposed for revocation are dilution factors for not RTE food. consideration of comments, EPA will expected on apples from the loss of Because EPA has concluded that the issue a final order. Such order will be propargite and dicofol. Eight states application of its concentration policy subject to objections pursuant to section produce more than 70% of the apples to each of the nine section 408 409(f) (21 U.S.C. 348(f)). Failure to file grown in the United States; regionally, tolerances in the following Table 3 has an objection within the appointed these include the Northwest (CA, OR shown that residues in processed food period will constitute waiver of the right and WA), Michigan in the Midwest, and can exceed the section 408 tolerance to raise issues resolved in the order in the New York/Pennsylvania and North/ and because removal of these uses is future proceedings. South Carolina areas of the East. 8182 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Proposed Rules

In these areas, losses will be more coordination policy. EPA believes that as defined by Title II. The costs acute for propargite which is used on the impacts due to these proposed associated with this action are described 29% of the overall acreage, but up to revocations (and ultimately the in Unit IX. A of this notice. 50% of the acreage in New York and cancellation of the registered uses) are Under Executive Order 12875 (58 FR Michigan. Dicofol, on the other hand, less burdensome than the alternative of 58093, October 28, 1993), EPA must averages use on only 5% of the overall maintaining these tolerances and consult with representatives of affected acreage, with a range of 3% - 9% in the registrations. If the uses and 408 State, local, and tribal governments major producing states. tolerances remain in effect without before promulgating a discretionary The most likely chemical alternatives needed 409 FARs (prohibited by the regulation containing an unfunded are projected to be fenbutatin-oxide, Delaney clause), lawfully treated foods mandate. This action does not contain formetanate hydrochloride, and could potentially be adulterated, and any mandates on States, localities or oxythioquinox. These alternatives are subject to seizure, and the need for tribes and is therefore not subject to the more toxic than propargite and dicofol costly Federal monitoring and requirements of Executive Order 12875. to some beneficial insects in some enforcement would increase. The states, but would likely be used as possibility of adulterated foods could D. Paperwork Reduction Act replacements in most cases. There are create uncertainty among pesticide This order does not contain any mixed results on efficacy of the users and food processors and erode information collection requirements and alternatives compared to propargite and consumer confidence in the food therefore is not subject to the Paperwork dicofol for controlling mite pests from supply. Reduction Act of 1980, 44 U.S.C. 3501 field trials. Many trials suggest the et seq. alternatives have equal or superior B. Regulatory Flexibility Act efficacy, while some others suggest that The Regulatory Flexibility Act of 1980 List of Subjects in 40 CFR Part 180 propargite and dicofol are superior. The (Pub. L. 96–354; 94 Stat. 1164, 5 U.S.C. Environmental protection, Agency assumed a three percent yield 601 et seq.) requires EPA to analyze Administrative practice and procedure, loss due to substitution of the regulatory options to assess the Agricultural commodities, Pesticides alternatives, resulting in a projected loss economic impact on small businesses, and pests, Reporting and recordkeeping of nearly $16 million annually to small governments, and small requirements. current users of propargite and dicofol. organizations. This may overstate potential yield loss Regulating pesticide residues in food Dated: February 26, 1996. because the data on the relative efficacy is, by its nature, indiscriminate with Lynn R. Goldman, of these pesticides are mixed. This respect to the size of the business or figure does not include losses from farm that was the source of the food. Assistant Administrator for Prevention, higher toxicity of alternatives to The existence or absence of a tolerance, Pesticides and Toxic Substances. beneficial insects, or increased and the levels at which they are set Therefore, it is proposed that 40 CFR, development of resistance to the must logically apply to all food chapter I, part 180 be amended as remaining alternatives. Alternatives are available to U.S. consumers. It is also follows: approximately the same or lower cost not feasible to segregate and track food than propargite and dicofol, so that from different farm sizes, once it is in PART 180Ð[AMENDED] there would be little increased cost for channels of trade. Therefore, there is no alternatives. potential regulatory option that would 1. The authority citation for part 180 Figs. Since there are no miticide treat small farms differently from large continues to read as follows: alternatives to propargite, annual loss to farms with respect to pesticide Authority: 2l U.S.C. 346a and 371. growers could be up to $100,000 in tolerances. those years when mite pressures are The Delaney clause leaves no option § 180.163 [Amended] high. to retain the applicable section 409 2. In § 180.163, in the paragraph Wheat. Triadimefon use on wheat is FARs. The section 408 tolerances could beginning with ‘‘5 parts per million...,’’ insignificant. Mancozeb is used on less either be revoked, as called for by the remove the entries ‘‘apples,’’ ‘‘grapes,’’ than 5% of the wheat acres, and coordination policy, or maintained in and ‘‘plums (fresh prunes),’’. numerous alternatives, some of which the absence of the needed 409 FARs. It § 180.176 [Amended] may be more efficacious than mancozeb, is not feasible to quantify the economic are available. impacts of retaining the 408 tolerances, 3. In § 180.176 by revising the Grapes. Impacts will be limited to the for the reasons discussed above, and paragraphs beginning with ‘‘25 parts per loss of dicofol, which is expected to therefore a comparison of the impacts of million...’’ and ‘‘5 parts per million...’’ cause only marginal impacts. Dicofol these two options cannot be made. The to read respectively as follows: was not used in California in 1994, and Agency’s choice to revoke the 408 § 180.176 Coordination product of zinc ion is not recommended by grape specialists tolerances will not disproportionately and maneb; tolerances for residues. because its non-selective mode of action affect small farms over large farms, since * * * * * kills beneficial insects. The preferred the loss of a pesticide is generally 25 parts per million in or on the alternative (propargite) offers superior proportional to the crop acreage. mite control while not harming straws of barley and rye. beneficial insects. C. Unfunded Mandates Reform Act and * * * * * The Delaney clause prohibits Executive Order 12875 5 parts per million in or on celery; establishing or maintaining section 409 Under Title II of the Unfunded corn fodder and forage; and the grains FARs for any pesticide meeting the Mandates Reform Act of 1995 (Pub.L. of barley and rye. ‘‘induces cancer’’ standard, without 104–4), this action does not result in the * * * * * regard to economic impacts. However, expenditure of $100 million or more by this proposed action to revoke section any State, local or tribal governments, or § 180.213 [Amended] 408 tolerances is due to the combined by anyone in the private sector, and will 4. By removing from the table in effect of the Delaney clause and EPA’s not result in any ‘‘unfunded mandates’’ § 180.213 the entry for ‘‘sugarcane’’. Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Proposed Rules 8183

§ 180.259 [Amended] 5. By removing from the table in § 180.259 the entries for ‘‘apples’’ and ‘‘figs’’. § 180.410 [Amended] 6. By removing from the table in § 180.410 the entries for ‘‘Wheat, grain’’, and ‘‘Wheat, straw’’. [FR Doc. 96–4836 Filed 2–29–96; 8:45 am] BILLING CODE 6560±50±F federal register March 1,1996 Friday for VoluntaryCancellation;Notice Review; NoticeofReceiptRequests Determination ToTerminateSpecial Cyanazine; NoticeofPreliminary Protection Agency Environmental Part VI 8185 8186 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices

ENVIRONMENTAL PROTECTION Comments and data may also be yl)amino)-2-methylpropionitrile], an AGENCY submitted electronically by sending herbicide sold under the tradenames of electronic mail (e-mail) to: opp- Bladex and Cynex that is available as a [OPP±30000/60A; FRL±5352±6] [email protected]. Electronic granular or liquid formulation. It is Cyanazine; Notice of Preliminary comments must be submitted as an classified as a ‘‘Restricted Use Determination to Terminate Special ASCII file avoiding the use of special Pesticide’’ based on its reproductive Review; Notice of Receipt of Requests characters and any form of encryption. effects and detection in ground and for Voluntary Cancellation Comments and data will also be surface water. Cyanazine was first accepted on disks in WordPerfect in 5.1 registered by Shell Chemical Company AGENCY: Environmental Protection file format or ASCII file format. All in 1971. Today, DuPont Agricultural Agency (EPA). comments and data in electronic form Products and Griffin Corporation are the ACTION: Notice of Preliminary must be identified by the docket number only registrants of technical grade Determination to Terminate Special ‘‘OPP–30000/60A.’’ No Confidential cyanazine. Ciba Plant Protection also Review; Announcement of Receipt of Business Information (CBI) should be has one registered product, a mixture of Voluntary Cancellation. submitted through e-mail. Electronic cyanazine and metalochlor, but SUMMARY: This Notice sets forth EPA’s comments on this document may be submitted a request for voluntary preliminary determination to terminate filed online at many Federal Depository cancellation of this product which was the Special Review of cyanazine based Libraries. Additional information on announced in the Federal Register of on amendments to the terms and electronic submissions can be found in November 8, 1995 (60 FR 56333) (Ref. conditions of cyanazine registrations. In Unit IX. of this document. 1). A final cancellation order for this effect, the terms and conditions call for Information submitted as a comment product was effective February 8, 1996. an incremental phaseout and voluntary concerning this document may be In April 1985, a Special Review of cancellation of all pesticide products claimed confidential by marking any cyanazine was initiated based on containing cyanazine that are registered part or all of that information as CBI. studies indicating developmental for use in the United States. The Agency Information so marked will not be toxicity in two species after oral has concluded that, based on these disclosed except in accordance with administration of the chemical. The terms and conditions of the amended procedures set forth in 40 CFR part 2. Agency was concerned about potential registration of cyanazine, any A copy of the comment that does not risks to mixer/loaders and applicators unreasonable adverse effects posed by contain CBI must be submitted for exposed to cyanazine. Additional cyanazine use will be eliminated by the inclusion in the public record. dermal developmental toxicity studies phaseout and voluntary cancellation of Information not marked confidential that were submitted to the Agency led the chemical. The Agency concludes may be disclosed publicly by EPA to a refinement of the risk estimates. that the benefits of use of the chemical without prior notice. All written The Special Review was concluded in for the limited period of time and in comments will be available for public 1988 by requiring personal protective strict accordance with all of the terms inspection in Rm. 1132 at the Virginia equipment and revised label language. The Agency continued to assess and conditions of registration, outweigh address given above from 8 a.m. to 4:30 ground and surface water monitoring the risks. In making this determination, p.m., Monday through Friday, excluding data for cyanazine contamination and, the Agency considered the risks and legal holidays. to help address contamination concerns, benefits of cyanazine use in the 7-year FOR FURTHER INFORMATION CONTACT: By approved label amendments in 1993 phaseout, during which maximum label mail: Joseph E. Bailey, Review Manager, that reduced maximum application rates rates will be reduced and closed cab Special Review and Reregistration and required surface water setbacks. application equipment will be required, Division (7508W), Office of Pesticide These amendments, however, did not as well as the risks and benefits Programs, Environmental Protection ameliorate all of the Agency’s risk associated with the ultimate Agency, 401 M St., SW., Washington, concerns and on February 8, 1994, a cancellation of all use of cyanazine. In DC 20460. Office location, telephone preliminary notification letter was addition, pursuant to section 6(f)(1) of number, and e-mail address: Special issued to all cyanazine registrants the Federal Insecticide, Fungicide, and Review Branch, 3rd Floor, Crystal indicating that the Agency was Rodenticide Act (FIFRA), this Notice Station, 2800 Jefferson Davis Highway, considering initiating a Special Review announces EPA’s receipt of requests to Arlington, VA, Telephone: 703-308- of cyanazine because of potential cancer voluntarily cancel all registrations 8173, e-mail: risks from dietary (food and drinking containing cyanazine, effective [email protected]. For a water) and non-dietary exposure. December 31, 1999. copy of documents in the public docket, Additionally, the Agency was also DATES: Comments, data and information to request information concerning the concerned about possible ecological relevant to the Agency’s proposed Special Review, or to request indices to risks to nontarget organisms (aquatic decision must be received on or before the Special Review public docket, organisms, terrestrial plants) and their April 1, 1996. contact the Public Response and ecosystems that may result from the use ADDRESS: Submit three copies of written Program Resources Branch, Field of cyanazine. comments bearing the document Operations Division (7506C), Office of On November 10, 1994, EPA issued number [30000/60A]. By mail to: Public Pesticide Programs, Environmental the Notice of Initiation of Special Response and Program Resources Protection Agency, 401 M St., SW., Review (Position Document 1 or PD 1) Branch, Field Operations Division Washington, DC 20460, Telephone: 703- formally announcing that a Special (7506C), Office of Pesticide Programs, 305-5805. Review was being initiated for Environmental Protection Agency, 401 SUPPLEMENTARY INFORMATION: cyanazine, along with atrazine and M St., SW., Washington, DC 20460. In I. Introduction simazine (58 FR 60412) (Ref. 2). The person, bring comments to Room 1132, Agency formally initiated the Special CM #2, 1921 Jefferson Davis Highway, A. Regulatory Background Review based only on the cancer risk Arlington, VA, Telephone: 703-305- Cyanazine is the common name for [2- concern to humans. The Agency 5805. ((4-chloro-6-(ethylamino)-s-triazine-2- remains concerned about possible Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices 8187 ecological effects; however, these effects components of the Agency’s section 3(c)(5)]. The term ‘‘unreasonable were not considered as formal criteria to assessments, no additional scientific adverse effects on the environment’’ initiate the Special Review. data were received by the Agency that means ‘‘any unreasonable risk to On August 2, 1995, DuPont change the Agency’s previous humans or the environment, taking into voluntarily proposed to amend its conclusions about potential risks from account the economic, social, and cyanazine registrations to effectively cyanazine exposure. The majority of the environmental costs and benefits of the phaseout the production of cyanazine comments received were undocumented use of any pesticide’’ [FIFRA section for use in the U.S. by the end of 1999, testimonials that generally made claims 2(bb)]. This standard requires a finding with incremental reductions in concerning the usefulness of cyanazine. that the benefits of each use of the maximum label application rates in A few commenters provided additional pesticide outweigh the risks of such use, 1997, 1998, and 1999 and a closed cab ground and surface water monitoring when the pesticide is used in requirement for applicators beginning in data. All of the comments relating to compliance with the terms and 1998 (Ref. 3). Cyanazine products that cyanazine benefits have been conditions of registration and in have been released for shipment by a considered in assessing the economic accordance with commonly recognized registrant on or before December 31, impacts of phasing out cyanazine. practices. 1999, may only be distributed and sold Similarly, all of the comments relating The burden of proving that a pesticide in the channels of trade in accordance to cyanazine risks have been considered satisfies the statutory standard is on the with their labels through September 30, in assessing the risks associated with proponents of registration and continues 2002. Such products may only be used the phaseout of cyanazine. Significant as long as the registration remains in through December 31, 2002. EPA comments and the Agency’s responses effect. Under FIFRA section 6, the accepted DuPont’s proposal to amend to the comments are discussed in Administrator may cancel the its cyanazine registrations. Since the appropriate sections of this Notice. registration of a pesticide or require acceptance of DuPont’s proposal to Supporting documentation may be modification of the terms and amend cyanazine registrations, EPA has found in the cyanazine public docket conditions of a registration if the granted new conditional cyanazine (OPP–30000/60). Administrator determines that the registrations to Griffin based on Griffin’s As discussed above, the Agency has pesticide product causes unreasonable agreement to accept the same terms and recently granted cyanazine conditional adverse effects to man or the conditions as part of its cyanazine registrations to Griffin Corporation. environment. EPA created the Special registrations (Refs. 4, 5, 6, 7, and 8). These recently-approved cyanazine Review process to facilitate the The Agency has evaluated the risks registrations, as well as any others that identification of pesticide uses that may and benefits posed by the terms and may be granted by the Agency in the not satisfy the statutory standard for conditions of the phaseout and future, are required to comply with all registration and to provide a public voluntary cancellations submitted by of the same terms and conditions of procedure to gather and evaluate the manufacturers of cyanazine and registration for cyanazine as approved information about the risks and benefits approved by EPA. Among the factors by the Agency for DuPont’s of these uses. considered were the risks of use during registrations. The Griffin products were A Special Review may be initiated if and after the phaseout period and conditionally registered by the Agency a pesticide meets or exceeds the risk arising from use of existing stocks, the provided that Griffin comply with all of criteria set out in the regulations at 40 benefits that will accrue from use during the same terms and conditions of the CFR part 154. When EPA believes that the phaseout and use of existing stocks, DuPont cyanazine registrations. If a pesticide has met such risk criteria, a the incentives for and likelihood of the Griffin does not comply with the same notice is published in the Federal development of alternative control terms and conditions of the cyanazine Register which announces the initiation strategies of a phaseout as opposed to an registration, its registrations are subject of the Special Review. After a PD 1 is immediate commencement of to cancellation by the Agency in issued, registrants and other interested cancellation proceedings, and the accordance with FIFRA section 6(e). persons are invited to review the data litigative risks and uncertainties Griffin’s release for shipment of its upon which the review is based and to attendant to a contested regulatory products containing cyanazine submit data and information to rebut action as opposed to a voluntary action. constitutes acceptance of the terms and EPA’s conclusions by showing that Taking all of these factors into conditions of the registrations. In EPA’s initial determination was in error, consideration, the Agency has accordance with FIFRA section or by showing that use of the pesticide concluded that risks associated with the 3(c)(7)(A), these conditional is not likely to result in unreasonable proposed voluntary phaseout and registrations have been approved adverse effects on human health or the cancellation are outweighed by its because the Agency has determined that environment. In addition to submitting benefits. Accordingly, the Agency they are substantially similar to other rebuttal evidence, commenters may believes the Special Review of currently registered cyanazine products submit relevant information to support cyanazine may be terminated on the or differ only in ways that do not EPA’s initial conclusions or to aid in the basis of the voluntary cancellation. significantly increase the risk of determination of whether the economic, In response to the triazine PD 1 issued unreasonable adverse effects to the social and environmental benefits of the in November 1994, the Agency received environment. use of the pesticide outweigh the risks. a number of comments about the risks After reviewing the comments received and benefits of cyanazine. All of the B. Legal Background and other relevant materials obtained issues raised in the cyanazine comments In order to obtain a registration for a during the Special Review process, EPA received during the comment period are pesticide under FIFRA, an applicant makes a proposed decision on the future addressed in this Notice and are on file must demonstrate that the pesticide status of registrations of the pesticide. in the triazine public docket (OPP– satisfies the statutory standard for The Special Review process may be 30000/60). While a number of the registration. The standard requires, concluded in various ways depending comments challenged the Agency’s among other things, that the pesticide upon the outcome of EPA’s risk/benefit decision to initiate the Special Review will not cause ‘‘unreasonable adverse assessment. If EPA concludes that all of of the triazines and questioned various effects on the environment’’ [FIFRA its risk concerns have been adequately 8188 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices rebutted, the pesticide registration will label amendments, required by B. Comments Regarding the be maintained unchanged. If, however, agreements in any court or Carcinogenicity of Cyanazine and the all risk concerns are not rebutted, then administrative forum. The complete Agency’s Response EPA will proceed to assess risks and terms and conditions that amend Comment: DuPont Agricultural Products benefits. EPA considers possible cyanazine registration are provided in and Griffin Corporation responded that changes to the terms and conditions of Unit X. of this Notice. the Agency does not have sufficient registration that can reduce risks to a II. Summary of Toxicological Concerns toxicological evidence to support its level that satisfies the risk criteria used position that cyanazine may pose a to initiate Special Review. If risks can be A. Carcinogenicity cancer risk to humans. Both state that reduced to the level, then the Agency the Sprague-Dawley rat model is considers whether the benefits outweigh The initiation of the Special Review inappropriate and that evidence those risks. Based upon this analysis, it of cyanazine in 1994 was based on supports their assertion that cyanazine may require that such changes be made evidence that cyanazine may cause tumorigenicity is associated with a in the terms and conditions of the cancer in persons exposed to the hormonally-mediated threshold effect. registration. Alternatively, EPA may chemical through their diet (food and Agency Response: In the PD 1 for determine that no changes in the terms drinking water) and through exposure atrazine, simazine, and cyanazine, the and conditions of a registration will while handling the chemical (mixer/ Agency considered all information adequately assure that use of the loaders and applicators). This risk available at that time to evaluate the pesticide will not cause any carcinogenic potential of the triazines, unreasonable adverse effects. If EPA concern is based on a statistically- including the appropriateness of the makes such a determination, it may seek significant incidence of malignant Sprague-Dawley rat model, the method cancellation, suspension, or change in mammary gland tumors in female of quantifying the carcinogenic risk and classification of the pesticide’s Sprague-Dawley rats that were exposed DuPont’s assertion that cyanazine registration. This determination would to cyanazine through their diet for 2 tumorigenicity occurs through a be set forth in a Notice of Final years. In addition to the mammary gland Determination issued in accordance tumors observed in these rats, the hormonal mechanism. In response to with 40 CFR 154.33. weight-of-the-evidence for the the PD 1, the Agency received When the Administrator proposes to carcinogenic potential of cyanazine additional information with comments submitted for atrazine and simazine that cancel, deny, or change the includes the evidence that cyanazine is will be reviewed and evaluated in the classification of the registration of a structurally related to the other chloro- continuing Special Review of those pesticide product which is the subject of s-triazines which also induce mammary a Special Review, regulations at 40 CFR chemicals. The Agency received no new gland cancer in female Sprague-Dawley information, however, to dispute the 154.31(b) require that the Agency rats. Although cyanazine is structurally submit notices of preliminary carcinogenicity classification for related to the other chloro-s-triazines, cyanazine. Currently, it is the Agency’s determination to the Secretary of cyanazine differs in that it contains a Agriculture and the Scientific Advisory policy to regulate carcinogens based on cyano (nitrile) functional group that is Panel for review and comment. In the risk assessment procedures that utilize highly reactive. * case of the proposed decision for the Q1 approach in the absence of data cyanazine, the Agency does not deem In March 1991, the OPP to support the hypothesis of this necessary because the cancellation Carcinogenicity Peer Review Committee hormonally-mediated threshold of all cyanazine products is a voluntary evaluated the weight-of-the-evidence for responses. On several occasions, DuPont action on behalf of the registrants. cyanazine, with particular emphasis on has indicated that they have undertaken Issuance of this Notice means that the its carcinogenic potential. The Peer research that will attempt to validate a Agency has assessed the potential Review Committee concluded that hormonally-mediated mechanism of adverse effects of cyanazine and has cyanazine should be classified as a carcinogenicity; however, the Agency preliminarily determined that Group C, possible human carcinogen, received no information from DuPont continued, but limited, use of the and recommended quantification of that attempts to prove such a mechanism exists. pesticide under the agreed-upon terms human risk using a linearized multi- Comment: DuPont does not believe that and conditions of cyanazine registration stage model to extrapolate from effects with DuPont and Griffin will not a link between breast cancer and seen at high doses in laboratory studies present unreasonable adverse effects exposure to cyanazine exists and has to predict tumor response at low doses. when considering: (1) Risks and benefits stated that reviews of several of restricted, continued use of cyanazine Using this model, the cancer potency epidemiology studies on estrogen * through the phaseout period and (2) the equivalent (Q1 ) for cyanazine is 1.0 x replacement therapy find no such link. 0 -1 ultimate cancellation of all cyanazine 10 (mg/kg/day) based on the Agency Response: When the Agency registrations. The Agency is proposing development of mammary gland initiated the Special Review for the to terminate the Special Review of adenocarcinomas and carcinosarcomas triazines, it had not concluded that cyanazine based on the fact that use will in female rats. This represents the 95 cyanazine was directly related to an be restricted during the phaseout period percent upper confidence limit of tumor incidence of human breast cancer. Upon and no cyanazine use will be allowed induction likely to occur from a unit review of published literature, the after December 31, 2002, and, therefore, dose. The cancer classification of Agency indicated that such tumor continuation of the Special Review is no cyanazine has not been presented to the development in humans seemed longer necessary. Included as part of the FIFRA Scientific Advisory Panel (SAP) possible and that during the course of terms and conditions of cyanazine for review. the Special Review, further research registration are cyanazine registrants’ into epidemiological studies would A more detailed discussion about the waivers of rights to challenge the hopefully provide information to make evidence that cyanazine may cause Agency’s final action on the cyanazine rational decisions about such cause and Special Review or the terms and cancer can be found in the PD 1. effect relationships. The Agency is not conditions of registration, including in a position at this point to draw any Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices 8189 definitive conclusions about human when other less severe risk reduction III. Summary of Exposure and Related breast cancer and cyanazine; however, measures are not adequate to eliminate Human Health Risks the Agency will continue to consider unreasonable adverse effects. information throughout the Special Comment: NCAMP commented that In the PD 1, the Agency provided Review of the other triazines that may evidence supports the classification of upper bound estimates of carcinogenic help clarify whether an association all of the triazines as Group B risks from dietary exposure from both exists. Information in published carcinogens. food and drinking water and literature support the possibility that Agency Response: The Agency has taken occupational exposure to handlers some link between breast cancer and the its decision about the cancer (mixer/loader/applicators) of cyanazine. triazine herbicides is possible. classification of atrazine and simazine A. Dietary Exposure and Associated Comment: The National Coalition to the SAP on a number of occasions. Risks Against the Misuse of Pesticides The SAP agreed with the Agency’s (NCAMP) provided comments about the cancer classification of atrazine and Dietary exposure to cyanazine can triazines in general without reference to simazine. Current weight-of-the- occur through the direct consumption of cyanazine specifically. NCAMP evidence for cyanazine supports its cyanazine residues in treated food as supports the Agency’s Special Review of classification as a Group C carcinogen. well as from commodities that contain the triazines but unequivocally states Further, NCAMP did not provide any secondary residues from animals that that the Agency must cancel the additional data or evidence to support were fed cyanazine-treated crops. In the triazines due to unreasonable cancer their assertion. Accordingly, the Agency PD 1, the Agency considered all risks. has concluded that cyanazine is a class residues (per its equivalency policy), Agency Response: The terms and C carcinogen. The Agency has not including parent cyanazine and both conditions of DuPont and Griffin presented the cancer classification of chloro and hydroxy metabolites, to be of cyanazine registrations now provide for cyanazine to the SAP, and in light of the toxicological concern. Anticipated voluntary cancellation of all cyanazine cyanazine phaseout and the ultimate residues were calculated using data registrations in 1999 and will eventually cancellation of this chemical, does not from field trials, processing studies, and result in a total phaseout of the use of believe that it is necessary to do so. metabolism studies. cyanazine in the U.S. During the period Comment: In general, Griffin The total upper bound dietary risk of the phaseout, the Agency estimates commented that the Agency failed to estimate from exposure to cyanazine that the risks will be decreasing because provide adequate information to allow residues in food, as reported in the PD of the reductions in allowable maximum others to fully evaluate its risk 1, is 2.9 x 10-5. This estimate did contain application rates and the requirement assessments. a risk contribution from wheat and that applicators must work in closed Agency Response: As required by the sorghum, uses which have been cabs. Taking the cyanazine phaseout regulations governing Special Review voluntarily cancelled and thus removed and voluntary cancellation into procedures, the Agency has provided a from cyanazine labels. Removing the consideration, the Agency has evaluated record of all background documents risk contribution for wheat and sorghum the risks and benefits of cyanazine and used in its assessments through the from the total decreases the total upper determined that the terms and public docket. The public docket bound risk to 2.7 x 10-5. The Agency has conditions of the phaseout and contains all supporting documentation not received any data that justifies the voluntary cancellations, as submitted by that describes all of the assumptions revision of any of the assumptions used the manufacturers and approved by and values used by the Agency to in its dietary risk assessment other than EPA, will ultimately eliminate any conduct the risk assessments. The the information with respect to the unreasonable adverse effects associated Agency has made available the same voluntary cancellation of the wheat and with the use of cyanazine. Accordingly, level of information for the cyanazine sorghum uses. For a detailed discussion the Agency is proposing to terminate the Special Review as it has for other of those assumptions, the reader is Special Review. As with all Special Special Reviews, and this information referred to the PD 1. Table 1 below Reviews, cancellation of uses is an should be adequate to evaluate the provides the dietary risk estimates as available option but is only imposed assessments. discussed in the PD 1. Table 1.ÐDietary Cancer Risk Estimates for Cyanazine

Anticipated Residue Exposure (mg/kg/ Upper Bound Cancer Commodity (ppm) Percent Crop Treated day) Risk Estimates

Corn 0.12 20 1.2 x 10-5 1.2 x 10-5 Cottonseed 0.09 5 9.3 x 10-8 9.3 x 10-8 Milk 0.00028 (milk) Ð 1.2 x 10-6 1.2 x 10-6 0.000034 (non-fat sol- ids) Poultry and eggs 0.00232 Ð 3.1 x 10-6 3.1 x 10-6 0.004322 Red meat 0.00345 Ð 1.0 x 10-5 1.0 x 10-5 0.01031 Sorghum 0.10 5 1.2 x 10-7 1.2 x 10-7 Wheat 0.16 1 2.3 x 10-6 2.3 x 10-6 Total 2.9 x 10-5 Total excluding wheat and sorghum 2.7 x 10-5

1Range of values were used for meat, meat byproducts, fat, liver, and kidney. 2Range of values were used for meat, meat byproducts, fat, liver, kidney and eggs. 8190 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices

B. Comments Regarding Cyanazine other ruminants can be translated only calculations to estimate dietary risk; Dietary Risk Estimates and the Agency’s to other animals such as goats, sheep, however, as discussed above, the AR Response hogs or horses, but not to poultry. value has taken factors into Comment: Griffin contends that Ruminant data exist for cyanazine and consideration to adjust for the fact that Anticipated Residue (AR) values used were used to estimate risks in the PD 1. 100 percent of a crop may not be treated by EPA were not identified and However, at the time the PD 1 was with the chemical. Therefore, further interpolation of EPA’s calculations published, cyanazine poultry percent crop treated adjustments are not reveals that values used are exaggerated metabolism data were not available. necessary and would tend to and inappropriate for determining Therefore, atrazine poultry metabolism underestimate potential risks. actual dietary risks. Griffin further data were translated to cyanazine. Since Comment: Griffin purports that EPA objects to the Agency’s use of translated atrazine and cyanazine were grouped for provided no specific information about data from cattle to estimate anticipated Special Review purposes due to their the exposure frequency and exposure residues in other animal commodities. structural and metabolic similarities, the duration values used in its calculations; DuPont disagreed with the extrapolation Agency considered it to be appropriate i.e., EPA assumes that an individual from metabolism studies to estimate to bridge this data gap by translation. consumes a maximum amount of a residues in meat, milk, and eggs and the Griffin did not provide an alternative particular food all in the same day, assumption that 100 percent of the risk assessment for the Agency to review every day, for an entire lifetime and livestock feed from corn, cotton, wheat, or any additional data for review and does not account for differences in and sorghum has been treated with consideration in refining risk estimates. exposure duration for people living in cyanazine. Comment: Griffin stated that the urban areas, rural areas and farms. Agency Response: The AR values used Agency’s use of information from the Agency Response: The Agency in the Agency’s risk assessment are 1977 - 1978 National Food Consumption acknowledges that there are differences listed in Table 1 above and were Survey to estimate consumption values in food consumption habits across the identified in the PD 1 as well as in the is inappropriate because food U.S. To estimate chronic dietary risk, supporting documentation that was in consumption patterns have changed the Agency considered information it the public docket at the time of dramatically over the past 17 years; has on the general U.S. population as publication of the PD 1. In completing therefore, ingestion rates used in the well as 22 population subgroups. The the dietary risk assessment for dietary risk assessment are invalid. Agency’s Dietary Risk Evaluation cyanazine, the Agency utilized its Griffin also stated that the source of the System utilizes information that was standard approach to estimate AR percent crop treated data was not obtained from the 1977 - 1978 food values and then used those values in provided. consumption survey discussed above. determining dietary exposure estimates Agency Response: Although Griffin did This survey was designed to statistically and carcinogenic risk through its not agree with the Agency’s use of the encompass all income levels and all Dietary Risk Evaluation System (DRES). 1977 - 1978 information to predict population areas of the U.S., including Documentation supporting the ingestion rates, it provided no data that participants from both rural and urban estimation of ARs and dietary exposure the Agency could use to revise the areas. Average dietary consumption of values is contained in the references consumption values. The Agency an individual over a 3–day period is used for the triazine PD 1 and can be acknowledges that the 1977 - 1978 determined. The consumption value is found in the triazine public docket. To National Food Consumption Survey then matched to the self-reported body determine the cyanazine AR values for may not reflect the most current weight of the individual. All data for risk assessment purposes for crop consumption profile of individuals in both consumers and non-consumers of a commodities, the Agency averaged the the United States. The continuing particular commodity are then actual residues detected in field trials; surveys of food intake by individuals combined or averaged to determine for nondetectable residues, the Agency were performed in 1989 through 1991; dietary exposure. Currently, this survey assumed the residue level equalled one- the Agency is working to translate these provides the best estimate of food half of the analytical method’s limit of data into a form useful for the Agency’s consumption patterns in the U.S., detection. This approach precludes the Dietary Risk Evaluation System. assuming average consumption over a possibility of overestimating or However, until these data are in a 70-year lifetime. underestimating risks that could useable form, the Agency will continue Comment: Griffin contends that EPA otherwise be based on residue values at to use the 1977 - 1978 data. provided no information indicating the high or low detections. To estimate the The Agency revised the percent crop values used for body weight ARs for animal commodities, the treated data for cyanazine in 1994 using assumptions. Agency used animal dietary burden data the most current United States Agency Response: Details about the which take into consideration Department of Agriculture (USDA) and assumptions used in the DRES anticipated residues on feed crops as other proprietary usage estimates that calculations were provided in the public well as percent crop treated data and were available at that time. The data docket. To calculate dietary risk animal metabolism studies. Since the reflect annual fluctuations in use estimates for food and drinking water consumption of feed by animals has patterns as well as variability as a consumption, the Agency has used already been adjusted to account for the consequence of using data from various information that was obtained in the percent of the crop that has been treated information sources. Griffin did not 1977 - 1978 food consumption survey. with cyanazine, use of the 100 percent supply any percent crop treated data for This survey matched individual assumption is appropriate. the Agency to evaluate. consumption with individual reported The Agency routinely translates data Comment: Griffin asserts that EPA body weights of the respondents and the between commodities with sufficient calculations incorrectly assume that all information is then used by the Dietary similarities, such as translating apple secondary sources of ingested cyanazine Risk Evaluation System to estimate risk. data to pears. Translation is performed are contaminated with 100 percent of Therefore, the Agency has used the self- when data are either not available or are the AR level. reported body weights to calculate both insufficient. In the case of cyanazine, Agency Response: The Agency does use the dietary and drinking water risk crop data do exist. Data for cattle and 100 percent of the AR level in its estimates. The self-reported body Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices 8191 weights average out to approximately 58 completed its review of the reservoirs that remain constant at kg. hydroxyatrazine study and is currently several µg/L almost year round. The Comment: DuPont states that, because determining the study’s impact on ground and surface water monitoring the use of cyanazine on sorghum and atrazine and simazine anticipated studies that provide evidence of wheat was voluntarily canceled, risks residue calculations. The Agency has cyanazine contamination of water from these sources should be removed decided that translation of the results of supplies are discussed in the PD 1. from the risk assessment calculations. this study to simazine is appropriate. The Agency based its drinking water Agency Response: The Agency accepted However, because the structure of risk concerns on the cyanazine DuPont’s request to voluntarily cancel cyanazine contains the cyano functional detections discussed above and cyanazine use on wheat and sorghum. group and the other two triazines in calculated high end (90th percentile) as The Agency has removed the risk Special Review do not, the Agency has well as risk estimates for mean contribution from use on wheat and decided that it would not be appropriate consumption of cyanazine- sorghum from the dietary risk to translate results of the contaminated drinking water derived assessment. The upper bound dietary hydroxyatrazine study to cyanazine. from both ground and surface water risk estimate without the contribution sources. In the PD 1, the Agency’s C. Drinking Water Exposure and from wheat and sorghum is 2.7 x 10-5 estimates from exposure to a mean Associated Risks which is still considered to be concentration of cyanazine in ground unacceptable. Ground and surface water sources and surface water are 2.3 x 10-6 and 9.7 Comment: DuPont commented that EPA provide drinking water for human x 10-6, respectively. The upper bound has presented upper bound risk consumption. While the Agency does risk estimates from a 90th percentile estimates only and ignored the most not yet have an enforceable regulatory exposure in ground and surface water likely estimates which would be orders standard or Maximum Contaminant are 4.0 x 10-6 and 6.6 x 10-5, of magnitude lower. Level (MCL) for cyanazine respectively. These risk estimates may Agency Response: It is standard policy contamination of drinking water, a underestimate the actual risk because for the Agency to provide upper bound lifetime Health Advisory Level (HAL) they are based on exposure to cyanazine carcinogenic risk estimates. The use of has been established at 1.0 µg/L. parent compound only and do not less than upper bound risk estimates Information from a number of ground include the potential contribution to may not adequately account for risks to and surface water monitoring studies risk from cyanazine degradates. The the most sensitive populations such as has indicated that cyanazine detections Agency is also concerned about infants, children, or the elderly. The are frequently found, especially in exposure to cyanazine degradates that Agency acknowledges that the true risk surface waters. are assumed to be no more or less toxic estimates may be as low as zero for To prepare the PD 1, the Agency than the parent compound. It is some people in some risk scenarios; i.e. considered information from a number important to note that the cyanazine where no exposure is present. of surface water monitoring studies that drinking water risk estimates are Comment: DuPont stated that EPA indicated the presence of cyanazine in representative values for individuals should not make the assumption that areas of the Midwest where it is residing in the corn belt region where chloro and hydroxy metabolites of frequently used. The information from the chemical is used and do not apply cyanazine are as toxic as the parent these studies indicates that cyanazine is to the entire U.S. population, chemical. detected in many streams and rivers for particularly areas where the chemical is Agency Response: In the absence of several months post-application at not used. Details about the Agency’s appropriate toxicological information, it concentrations of at least several µg/L drinking water assessments for ground is the Agency’s policy to use a default due to runoff. However, the percentage and surface water may be found in the assumption that metabolites are no more of detections is lower during early PD 1. Since the publication of the PD 1, or no less toxic than the parent spring (pre-application) and during fall the Agency has not received any compound. The Agency is not aware of and winter, many months after information that would significantly any information that indicates that application. Concentrations are usually alter the cyanazine risk estimates. Table cyanazine metabolites are less toxic less than 1.0 µg/L. There are reports of 2 below shows the drinking water risk than cyanazine itself. The Agency has cyanazine detections in some lakes and estimates as provided in the PD 1. Table 2.ÐExcess Individual Lifetime Cancer Risk Estimates from Consumption of Cyanazine-Contaminated Surface and Ground Water

Mean Exposure 90th Percentile

Cyanazine - surface water 9.7 x 10-6 6.6 x 10-5 Cyanazine - ground water 2.3 x 10-6 4.0 x 10-6

D. Comments Regarding Cyanazine regulatory action to alter cyanazine stating that cyanazine was not detected Drinking Water Risk Estimates and the registration status. DuPont and Griffin in EPA’s National Survey of Pesticides Agency’s Response specifically noted that studies cited in in Drinking Water Wells. However, the Comment: DuPont and Griffin contend the PD 1 do not support the claim that detection limit in the survey was 2.4 µg/ that data from ground water monitoring ground water contamination with L whereas the Agency’s HAL for programs conclusively demonstrate that cyanazine is a concern. cyanazine is 1.0 µg/L. It is quite possible cyanazine ground water detections are Agency Response: The Agency that there were undetected residues of either nonexistent or extremely low. continues to believe that cyanazine cyanazine at or greater than the HAL but Neither EPA’s modeling nor actual contamination of ground water supplies less than the detection limit. The fact ground water survey data support any poses concerns. Griffin was correct in that cyanazine was detected in few 8192 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices wells in the Monsanto National characteristics with some common was skewed. Additionally, the Agency Alachlor Well Water Survey is degradates. Because of the similarity in received raw data from the reasonable because the survey focused fate characteristics, the Agency believes Environmental Working Group in which on the alachlor use area. The Agency that it is reasonable to assume that 29 surface water supplies were does not believe that the use of cyanazine degradates may reach ground monitored for cyanazine biweekly from cyanazine geographically coincides water supplies. Both atrazine and March, April or May through August closely enough with the use of alachlor cyanazine degrade to deisopropyl 1995. Using these data, the Agency to rely heavily on the results of this atrazine, a chlorodegradate that the calculated time-weighted mean study to be representative of the Agency assumes to be no more or less concentrations. Six of the 29 systems contamination potential of cyanazine. toxic than the parent compound. sampled had cyanazine estimated time- For example, in Illinois, only a small Comment: Griffin commented that weighted mean concentrations greater percentage of the total corn acreage is EPA’s use of CHEMRANK and LEACH than the HAL of 1.0 µg/L (Bowling treated with both alachlor and models overestimates cyanazine’s Green, OH - 1.4 µg/L; Columbus, OH - cyanazine. Most alachlor applications leaching potential. 1.04 µg/L; Danville, IL - 2.47 µg/L; are accompanied by treatments with Agency Response: The Agency believes Decatur, IL - 1.88 µg/L; Johnson County, atrazine, dicamba, or glyphosate. that the models used are helpful in KS - 1.01 µg/L; and Springfield, IL - 3.07 Therefore, it would be less likely to judging whether significant differences µg/L) (Ref 6). detect cyanazine in alachlor use areas. exist in the leaching potential between In response to the PD 1, the Illinois Also, no degradates were analyzed for in different pesticides but are not truly Environmental Protection Agency the survey. Griffin further stated that no predictive of the amounts of pesticides submitted data to update their network cyanazine was detected in ground water that will leach to ground water at a of 30 raw surface water sampling sites during retrospective studies conducted particular site. In addition, the from the Moyer and Cross report that by Shell. Although the wells were screening models used do not take covered 1985 - 1988 to include 1989 - located near fields in which corn had degradates into account; one particular 1993. Also provided were data on been grown in the last 5 years, in areas cyanazine degradate, deisopropyl cyanazine concentrations in finished where 60 - 69 percent of the wells were atrazine, is extremely mobile and has water samples collected quarterly from tested, cyanazine was not used or usage been widely found in ground water. So, September 1992, to June 1994, from could not be confirmed in the associated the models may in fact underestimate numerous surface water source supplies corn field. Therefore, these studies do risk. throughout the state. Although the data not represent the most accurate impact Comment: The South Dakota and updating the 30 raw water sampling of cyanazine use on ground water Minnesota Departments of Agriculture stations is in summary form with only quality. Cyanazine was detected in 155 and the Illinois Environmental mean concentrations provided for the of 7,468 wells as noted in EPA’s Protection Agency submitted surface entire sampling period (1985 - 1993) Pesticides in Ground Water Database. water monitoring data in response to the given for each site, the reported The cyanazine detections in the wells of PD 1 that included information for cyanazine average concentrations 14 states probably resulted from cyanazine. equaled or exceeded the HAL at 7 of the nonpoint source mechanisms. Agency Response: The Agency has 30 sites and equaled or exceeded 3 µg/ The Agency acknowledges that the considered the data submitted by each L at 2 of those sites, even with the parent cyanazine compound may not be of these commenters. The South Dakota damping effect associated with long- very persistent under most field and Minnesota data were consistent term multiple year averaging. Although conditions; however, total chloro- with United States Geological Survey the arithmetic averages may be degradate residues of cyanazine are (USGS) 1989 and 1990 reconnaissance somewhat greater than time-weighted potentially very persistent depending on studies of the Midwestern corn belt that mean concentrations, the Agency environmental conditions such as those showed levels of cyanazine in the believes that they are probably not that that may be found in ground water surface waters of those states generally much greater due to the general reservoirs. The Agency also to be substantially lower than in several collection of samples pre-application acknowledges that less information is other states such as Illinois, Iowa and and during the fall as well as a small available about the contamination of Ohio. Although the available data are number post-application. The data ground water with cyanazine than with not sufficient to conclude with certainty further support the Agency’s position atrazine simply because cyanazine has that cyanazine is not a potential that cyanazine detections in the surface not been as extensively researched as problem in either state, the Agency’s waters of Illinois remain of concern. atrazine. However, the information that primary concerns were and remain at Comment: Griffin and DuPont the Agency does have about the fate this time with some of the other corn commented that detections of cyanazine characteristics of cyanazine, the belt states. For example, arithmetic in surface water fluctuate seasonally monitoring data, and the large amounts average annual cyanazine with detections peaking in spring and of cyanazine that are used continues to concentrations for samples collected summer but returning to background support the Agency’s concern for from West Lake, IA, exceeded the HAL levels that do not present health ground water contamination. in 1992 and 1993, and for samples concerns for the majority of the year. Comment: DuPont stated that the collected from Rathbun Reservoir, IA, DuPont believes that studies on Agency has no information indicating exceeded the HAL in 1992 and 1994. effectiveness of best management that cyanazine metabolites will reach Although these averages are arithmetic practices (BMP) provide evidence that ground water in concentrations of and are only of detects, the Agency DuPont’s BMP efforts have helped toxicological concern. believes in this case that the arithmetic reduce surface water levels. Agency Response: The Agency has averages are relatively close to time- Agency Response: The Agency agrees limited data on the detection of weighted mean concentrations because that cyanazine detections tend to be cyanazine degradates in ground water; of the regularity of the sampling dates. seasonal; however, the detections that however, cyanazine is structurally Such regularity would not be observed are reported remain as a concern to the similar to atrazine and simazine and has if there were a significant number of Agency. Monitoring data post 1990 from similar environmental fate non-detects or if the sampling schedule West Lake and Rathbun Reservoir in Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices 8193

Iowa, as well as data provided to the are derived from food, water and air. In point in time should not be compared Agency by the Environmental Working the case of cyanazine, the Agency has to long-term regulatory standards and Group and the Illinois Environmental used the default value of 20 percent due has only compared arithmetic and time- Protection Agency, support the to lack of data to support any other weighted annual mean concentrations to Agency’s concern that average annual value. In other words, the Agency is the HAL for cyanazine. The Agency has cyanazine concentrations in some allowing only 20 percent of the total compared some maximum and surface source drinking water supplies amount of cyanazine exposure to come individual cyanazine concentrations to continue to exceed the HAL of 1 µg/L. from drinking water; the remaining 80 short-term HALs and to 4 times the Data from studies conducted by Baker in percent can be contributed through HAL. The rationale for comparing Ohio and the USGS in the Midwestern other exposure routes such as food and maximum or other individual corn belt show that maximum cyanazine air. In 1994, DuPont requested that the concentrations to 4 times the guidance concentrations exceed the HAL and that Agency revise the RSC value and value is that any single quarterly such concentrations may last several modify the cyanazine HAL accordingly. concentration that is greater than 4 weeks post-application. The Agency The Agency responded to DuPont’s times the guidance value will agrees with DuPont’s statement that request, concluding that the 20 percent automatically make the annual average concentrations of cyanazine exceeding default value for the RSC was of four successive quarterly samples 10 µg/L are more likely to occur in small appropriate at this time due to greater than the guidance value. If this streams rather than larger streams and uncertainties associated with the guidance value was actually a regulatory rivers where the concentration is likely contribution of total triazines and their standard, the system would be out of to be diluted. DuPont’s assertion that degradates to the total exposure. The compliance with the Safe Drinking small streams do not generally supply Agency has received no additional Water Act. drinking water is true. However, information that warrants making this Comment: EPA reports that a high cyanazine concentrations often remain change and, therefore, continues to percentage of samples from the elevated for longer periods of time in believe that the default value is Chesapeake Bay have triazine detects. larger streams and rivers due to appropriate. In the PD 1, the Agency’s DuPont believes such detects should be cyanazine loadings that occur at calculations to determine drinking quantified when assessing risk. different times within the watershed water risk estimates do not use the RSC Agency Response: The statement in the upstream from the sampling location. value or the HAL for cyanazine since PD 1 about a percentage of triazine Also, cyanazine concentrations appear actual intake survey data were used to detections in the Chesapeake Bay was to remain elevated longer in lakes and estimate consumption of drinking water intended to support the fact that the reservoirs such as West Lake and and monitoring data were used to triazines are widely distributed in Rathbun Reservoir due to lower estimate exposure to cyanazine. surface waters. The statement was not microbiological activities coupled with Therefore, changing the RSC value meant to be interpreted as any measure long hydrological residence times. In would have no effect on the Agency’s of risk but rather the far ranging the USGS reconnaissance survey of 129 drinking water risk estimates. distribution of the triazines in the surface water sites within the Comment: DuPont disagrees that environment. Also, the statement Midwestern corn belt, greater than 10 inclusion of cyanazine metabolites may referred to atrazine only, not cyanazine, percent of the sites had post-application increase exposure to cyanazine by 10 and stated that a small percentage of concentrations of cyanazine greater than percent. DuPont submitted data on detections were greater than 3 µg/L. 10 µg/L; in the study by Baker of eight metabolites in several reservoirs. Comment: DuPont recommends that tributaries of Lake Erie over 4 years (32 Agency Response: In the PD 1, the EPA reconsider appropriate action site-years), 19 percent had maximum Agency’s statement that degradates levels for regulating drinking water concentrations exceeding 10 µg/L. could increase exposure by 10 percent contaminants that can occur at varying The Agency does believe that the referred to total triazine degradates in levels over time. Using an identical changes brought about by the adoption general and did not refer specifically to exposure level over 70 years of exposure of the BMPs has helped to decrease the cyanazine. The study on metabolites in represents excessive conservatism in triazine loading of surface waters. The reservoirs, to which DuPont refers, had risk management. Agency believes that the reduction in very high detection limits for major Agency Response: Actual exposure data use rates called for during the phaseout cyanazine degradates; therefore, it is on the same watershed over many years of cyanazine will further help reduce reasonable to conclude that cyanazine are not available so the Agency cannot the loading to surface waters from degradates were detected in a relatively conduct assessments as recommended agricultural runoff. However, the low percentage of samples. However, in by DuPont. Results using modeling, a decreases observed since the use of some of the samples where degradates possible future option, are currently not BMPs are small and recent data show were detected, they were at sufficiently reliable to use in absolute that cyanazine contamination of some concentrations comparable to those of comparisons to MCLs or MCLGs. In surface water source drinking supplies parent cyanazine. addition, for regulatory purposes, the continues to be a concern. Comment: DuPont agrees that there are Safe Drinking Water Act requires the Comment: DuPont disagrees with the numerous sites where a single comparison of running annual average Agency’s use of a 20 percent Relative measurement or even several concentrations based upon four Source Contribution (RSC) factor to measurements may exceed the HAL for successive quarterly samples to be calculate the HAL and suggests that the cyanazine, yet the annual mean may not compared to the MCL. The Agency Agency revisit this issue before exceed the HAL. DuPont states that it is acknowledges that the use of water from assessing risk based on the current inappropriate to use chronic exposure the same source containing the same number. standards in dealing with exposure from contaminant level is conservative since Agency Response: The RSC value is a surface waters which are highly most of the U.S. population moves at factor that is used to establish regulatory variable. some time during their life and does not standards for levels of a contaminant in Agency Response: The Agency agrees live in the same area drinking from the drinking water. The RSC apportions the that the concentration of individual same water source for a 70-year lifetime. allowable doses of a contaminant that surface water samples taken at a given However, it could be considered as 8194 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices either an over- estimation or under- chemicals may increase risks and will residues over an extended period of estimation depending on the continue to evaluate and revise the time in order to reduce any over- or contaminant levels in the other sources combined risk assessment as underestimation effects that may result of drinking water. appropriate though the continuing from the variability of detection levels at Comment: DuPont disagrees with EPA’s triazine Special Review. Safety margins specific sampling times. In estimating statement that the concentration of built into HALs do not account for exposures in surface waters, time- cyanazine in a watershed is additive effects of multiple chemical weighted mean concentrations are proportional to the watershed’s size. exposures. generally better approximations of the Agency Response: The Agency did not Comment: Griffin commented that the actual time integrated mean state that the concentration of cyanazine exposure values EPA used to concentration than are arithmetic means in a watershed is directly proportional characterize daily intake of drinking whose values tend to be greater due to to the watershed size. DuPont has water are not consistent among the the general increase in sampling misquoted the statement actually made calculations to determine risk from frequency during periods when the in the PD 1. The Agency stated that exposure at the HAL, risk from surface highest triazine concentrations are ‘‘peak concentrations of triazines are water exposure and risk from ground expected. generally greater in surface waters water exposure or with accepted risk The Agency has not considered draining small watersheds than in those assessment methodology. surface water treatment effects on the draining large watersheds. . . .’’ The Agency Response: The Agency exposure to cyanazine because it cannot statement was intended to be acknowledges that different body weight be assumed that all individuals are interpreted in the context of discussing assumptions were used in calculating consuming drinking water that has watersheds which receive high the risk assessment performed for actually been treated. It cannot be cyanazine applications. As discussed exposure at the HAL (The Agency assumed that every household is earlier, smaller streams tend to have specified a 70 kg body weight and 2 L/ connected to a public water system that higher concentrations than do larger day water consumption value in the PD provides adequate treatment to remove streams and rivers. 1) than were used to calculate risks from possible triazine contamination. Since Comment: DuPont is not aware of any ground and surface water consumption. most water systems employ only data showing that tile drainage and/or Calculating risk at the HAL is a primary treatment methods (e.g., solids ground water inflow contributes screening level assessment similar to removal), cyanazine concentration in substantially to cyanazine loading of using tolerance level residues to raw and in finished water should surface waters. estimate risk for dietary consumption. generally be comparable. It is true that Agency Response: Both Moyer and The Agency acknowledges that there the Agency did not include Cross (1990) and Squillace and Engberg can be different default assumptions for ‘‘commercial water’’ such as that added (1988) believe that tile drainage and/or water consumption; however, the 2L during the manufacturing and ground water inflow sometimes value used to determine the HAL is a processing of beverages. The survey contribute significantly to triazine traditionally accepted value. However, from which the Agency has taken the loadings of surface waters. Because the Agency provided a refined drinking water consumption value only cyanazine has a shorter half-life in assessment for the PD 1 that used actual included tap water that is consumed surface soil than does atrazine, such ground and surface water monitoring directly or that is used in the contributions are probably substantially data and self-reported body weights preparation of foods or beverages in the smaller for cyanazine than for atrazine. from the 1977 - 1978 food consumption home. Comment: DuPont commented that EPA survey. Use of actual data to estimate Comment: DuPont submitted a number indicates that the cumulative effects of risks, as was done in this case, provides of studies in response to the PD 1 that various triazines are assumed to be a more realistic estimation than does provides information about the effects of additive. DuPont disagreed stating that using default assumptions such as BMPs on cyanazine movement in the information in a study report they exposure at the HAL or an assumed environment. submitted in response to the PD 1 value for body weight. Agency Response: The Agency has not entitled ‘‘Assessment of the Comment: Griffin stated that EPA has reviewed these studies to prepare this Reproductive and Developmental consistently used maximum or high-end Notice. As discussed earlier, the Agency Toxicity of Pesticide/Fertilizer Mixtures values in the drinking water evaluation. does not believe that the BMPs that have Based on Confirmed Pesticide The basis for using time-weighted been put in place have totally addressed Contamination in California and Iowa averages is not clear. Actual exposure the Agency’s ground and surface water Ground Water,’’ indicates no additive and risk is doubled because: (1) EPA has concerns because of the more recent effects and that safety margins in the not considered surface water treatments monitoring data that continue to show HAL are more than adequate to protect that may reduce contamination, (2) it detections. These studies will be human health and the environment. appears that EPA used a body weight of considered in the continuing Special Agency Response: Although it is 50 kg in its calculations, and (3) EPA Review of atrazine and simazine to unclear, the Agency assumes that applied an exposure value reflecting tap evaluate the effects of BMPs on DuPont is referring to additive toxic water only and not commercial herbicide environmental contamination. effects of pesticides as it relates to the beverages. EPA has used maximum Even though some of the BMPs may Agency’s combined risk assessment values in its drinking water assessment have a positive impact on ground and across several triazines and exposure even though cyanazine has actually surface water contamination and routes in the PD 1. The study to which been detected in few samples. potential ecological effects, the risk DuPont is referring assessed the Agency Response: The Agency disagrees concerns associated with occupational reproductive and developmental with Griffin’s statement that maximum exposure and dietary exposure from toxicity, not carcinogenicity, of or high-end values have been used to food consumption will remain pesticide/fertilizer mixtures based on estimate exposure in drinking water. unchanged. ground water contamination. The The Agency has used time-weighted Comment: The Environmental Working Agency continues to believe that mean concentrations to provide a better Group (EWG) submitted its report ‘‘Tap additive effects of exposure to multiple estimate of the exposure to triazine Water Blues’’ to the Agency in response Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices 8195 to the initiation of the triazine review. next several years, it is unlikely that the corn, the predominant use site, for EWG also submitted a follow-up report Agency will establish an MCL for different scenarios depending on entitled ‘‘Weed Killers by the Glass’’ cyanazine. whether the person exposed to which indicates cyanazine detections in Comment: EWG recommends weekly cyanazine was mixing, loading or drinking water samples taken directly monitoring of drinking water in applying cyanazine or performing a from the taps in people’s homes or susceptible regions for all triazines and combination of these tasks. offices. metabolites during high runoff and Additionally, estimates were provided Agency Response: The Agency thinks vulnerable periods. EWG also for growers and commercial applicators that the data indicating cyanazine recommended that exposure estimates and whether open or closed equipment detections in drinking water are must include recent data from Missouri is used. Those estimates were based significant and support the Agency’s and other states demonstrating that peak only on dermal exposure assuming a risk concerns. As discussed earlier, exposures and annual average some of the water systems that were concentrations for many rural dermal absorption value of 2 percent sampled by EWG had time-weighted communities far exceed health and a use rate of 3 pounds active mean concentrations higher than the standards. ingredient per acre (lb/ai/acre). cyanazine HAL of 1.0 µg/L. The Agency Agency Response: The Safe Drinking Just prior to initiating the triazine will fully evaluate the information with Water Act establishes the requirements Special Review, DuPont provided the respect to atrazine and simazine as part for monitoring pollutants in drinking Agency with its own occupational risk of the continuing Special Review of the water. The Agency will consider the assessment that estimated exposure to triazines. most recent monitoring data available to cyanazine by using information in the Comment: EWG comments that EPA estimate triazine exposure in drinking Pesticide Handlers Exposure Database standards for triazines in food and water when the risk estimates are (PHED) for ground application (Ref. 7). drinking water are not consistent and revised for the preliminary After reviewing DuPont’s assessment, allow levels in drinking water that are determination of the triazine Special the Agency revised its own risk unsafe and would not be allowed in Review. assessment for ground application of foods. EWG points out that there is no Comment: EWG commented that the cyanazine by using PHED information to enforceable standard for cyanazine and Agency must concentrate its risk recommends promulgation of a assessment only on exposed estimate worker exposure (Ref. 8). combined MCL for the triazines, populations. Unexposed populations Aerial application risks were not revised including metabolites. NCAMP also deflate risks faced by people with and remain as reported in the PD 1. The commented that the Agency’s regulation contaminated water. Agency used a more recent version of of contaminants in drinking water is Agency Response: The Agency PHED (version 1.1) than did DuPont less stringent than the regulation of acknowledges the value of this comment (version 1.01) that contains more data residues in food and that metabolites and, providing that adequate and therefore provides a greater degree should be included in all regulatory information is available, will respond to of confidence in the exposure estimates. standards. this issue in the PD 2/3 for atrazine and Table 3 below provides the Agency’s Agency Response: While the Agency simazine. revised occupational risk estimates as does not have an MCL for combined E. Occupational Exposure and well as DuPont’s estimates for triazines, including metabolites at this groundboom application of cyanazine. time, it is considering establishing such Associated Risks an enforceable standard. Because For the PD 1, the Agency determined cyanazine is being phased out over the exposure estimates for cyanazine use on Table 3ÐExposure and Risk Estimates for Groundboom Applications of Cyanazine to Corn

Daily Exposure Annual Exposure Estimated Upper Estimated Risk mg/kg/day mg/kg/year LADE mg/kg/day Bound Risk (EPA) (Dupont)

Grower Mixer/Loader Open 0.0099 0.0109 1.5 x 10-5 1.5 x 10-5 1.71 x 10-6 Applicator Open 0.0044 0.0048 6.5 x 10-6 6.5 x 10-6 5.2 x 10-7 M/L/A Open 0.0143 0.0157 2.2 x 10-5 2.2 x 10-5 2.23 x 10-6 Mixer/Loader Closed 0.0020 0.0022 3.0 x 10-6 3.0 x 10-6 N/A Applicator Closed 0.0016 0.0018 2.4 x 10-6 2.4 x 10-6 N/A M/L/A Closed 0.0036 0.0040 5.4 x 10-6 5.4 x 10-6 N/A Commercial Mixer/Loader Open 0.0729 0.0874 1.2 x 10-4 1.2 x 10-4 5.28 x 10-5 Applicator Open 0.0321 0.0385 5.3 x 10-5 5.3 x 10-5 4.64 x 10-6 M/L/A Open 0.1050 0.1259 1.7 x 10-4 1.7 x 10-4 5.75 x 10-5 Mixer/Loader Closed 0.0147 0.0177 2.4 x 10-5 2.4 x 10-5 N/A Applicator Closed 0.0117 0.0139 1.9 x 10-5 1.9 x 10-5 N/A M/L/A Closed 0.0264 0.0316 4.3 x 10-5 4.3 x 10-5 N/A

Daily Exposure = lb ai/day X Unit exposure X % Dermal absorption/70 Annual Exposure = lb ai/year X Unit exposure X % Dermal absorption/70 LADE = Annual exposure } 365 X 35/70 Risk = LADE X Q* Dermal absorption = 2% (DuPont’s estimates are based on 1% dermal absorption) Q* = 1 8196 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices

F. Comments Regarding Cyanazine that the amount remaining bound to the the number of acres treated for exposure Occupational Exposure Risk Estimates skin after washing will be absorbed over estimations. Therefore, the Agency and Agency’s Response time is consistent with the Office of believes its revised estimates are more Pesticide Programs’ risk assessment Comment: Griffin asserts that: (1) EPA accurate than those presented in the PD practices. 1 and those calculated by DuPont. has used an application rate of 3 lb/ai/ Comment: DuPont commented that a, but states that 1.5 lb/ai/acre is occupational exposure risks were in the G. Combined Cancer Risks Across commonly used for cyanazine, and that acceptable range and referenced their Multiple Exposure Pathways and using the higher rate is a violation of risk assessment submitted to the Chemicals EPA’s legal obligation to base regulatory Agency. activities on actual data, (2) EPA used Agency Response: After reviewing In the notice initiating the Special a dermal absorption value of 2 percent DuPont’s assessment, the Agency Review of the triazine herbicides, the to calculate risks, while studies indicate revised its occupational risk assessment Agency provided examples of the actual dermal absorption value to be and then compared the two. In using assessments of total risk that was .84 percent, and (3) EPA’s risk updated PHED information, the possible to individuals who may be assessment is overestimated and Agency’s revised risk estimates were exposed to more than one of the meaningless because application rates lower than those estimates originally triazines and from more than one were doubled and the dermal absorption reported in the PD 1; however, the risk exposure pathway. This was the first value was exaggerated. estimates are not as low as those time that the Agency looked at the Agency Response: The Agency has estimated in DuPont’s assessment. The additive risks associated with a group of estimated occupational exposure to assumptions that the Agency used in its similar pesticide chemicals. In the cyanazine based on an application rate risk estimates vary from the combined risk assessment, the Agency of 3 pounds per acre when applying assumptions used by DuPont. The provided estimates of the total risk from cyanazine alone. The Agency noted in Agency’s unit exposure estimates are exposure to atrazine, simazine and its risk assessment that a rate of 1.5 based on a newer version of PHED and cyanazine from dietary, drinking water, pounds per acre is often used; however, the Agency has also used a different occupational and residential exposure. this rate is typically used when dermal absorption value than DuPont, In the PD 1, the Agency acknowledged cyanazine is applied in combination as discussed above. The Agency used that various total risk estimates were with another herbicide, often atrazine. information from PHED derived from possible depending on the combination While some cyanazine usage occurs at atrazine studies in which application of chemicals to which one is exposed rates greater than 3 lb/ai/acre (up to parameters comparable to those for and the combination of exposure routes. greater than 5.0 lb/ai/acre) the majority cyanazine were used. DuPont’s With the ultimate phaseout of the use of of usage occurs at rates of 3 lb/ai/acre assessment for applicators is cyanazine, this chemical will eventually or less. The dermal absorption rate used unacceptable due to the lack of cease to contribute to the total combined in the Agency’s risk calculation is based sufficient replicates used. Most of the triazine risk. However, during the on the actual amount absorbed plus the exposure estimates for applicators were phaseout, while cyanazine continues to amount remaining bound to the skin based on data representing less than the be used, the Agency will continue to after washing as shown in a dermal required minimum of 15 replicates per evaluate its contribution to the total absorption study. Therefore, the 2 body part. Further, for some of the risks of the triazine herbicides in percent value used in the Agency’s risk exposure scenarios used by DuPont, the Special Review. Table 4 below shows assessment represents the total amount risks were higher than negligible and of the Agency’s upper bound estimates of of cyanazine that could potentially be concern. The Agency has used updated total cancer risks across several absorbed through the skin. Assuming use and usage information to estimate exposure pathways and triazines. Table 4.ÐUpper Bound Total Cancer Risks Across Several Exposure Pathways and Triazines

Exposure Pathway Atrazine Simazine Cyanazine1 Total

Dietary 4.4 x 10-5 1.1 x 10-5 2.7 x 10-5 8.2 x 10-5 Drinking Water2 4.2 x 10-6 6.2 x 10-7 9.7 x 10-6 1.5 x 10-5 Occupational3,4 1.1 x 10-3 N/A N/A 1.1 x 10-3 Residential5 1.1 x 10-4 N/A N/A 1.1 x 10-4 Total 1.3 x 10-3 1.2 x 10-5 3.7 x 10-5 1.3 x 10-3

1Risk contribution from use on wheat not included. 2Derived from surface water. 3Private grower application to corn using ground boom equipment - mixer/loader/applicator. 4Application of a combination of atrazine and cyanazine. 5Lawn treatment by homeowner using hand cyclone spreader.

H. Comments Regarding Combined Risk actually represents an estimate closer to scientifically sound as the estimates Estimates and Agency’s Response a 95-99th percentile range, an were based on the induction of the same overexaggeration that reduces the value tumor type in the same animal strain, Comment: Griffin commented that EPA of the risk estimate for decision making. quite possibly via the same or similar has failed to recognize that a critical factor to be addressed when combining Agency Response: The Agency mode or mechanism of action. The risks is the compounding of maximum acknowledges that a simple additive combined risk estimate contains all of values. For example, if 90th percentile approach was used in combining the the uncertainties of the numbers used in values are used to assess risk for each risks for atrazine, simazine, and the individual calculations. If all of the pathway to be combined, the total risk cyanazine. This approach was deemed triazine risk numbers were roughly of Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices 8197 the same magnitude, then addition of the triazines; therefore the Agency has preemergence, postemergence) and many upper bound numbers could not changed its position regarding the residual activity in addition to eventually lead to an over-estimate of ecological effects. Even though this burndown in no-till crop management. risk. However, adding upper bounds in Notice is proposing the termination of A second advantage, compared to the this case should not be considered to the cyanazine Special Review, the widely used atrazine-based products, is over-estimate the risk since one Agency will continue to look at adverse that cyanazine is less persistent chemical or one pathway ‘‘drives’’ the effects on ecological parameters in the following application, which results in risk. In the case of the triazines, the continuing Special Review of atrazine shorter residual activity. Thus, a occupational risk from atrazine of 1.1 x and simazine. significant advantage of cyanazine alone 10-3 is driving the overall risk of 1.3 x or in mixtures with atrazine, compared Comments Regarding Ecological Risks 10-3. to atrazine alone or atrazine in and Agency’s Response Comment: EWG and NCAMP support combination with other herbicides, is the Agency’s combined risk assessment Comment: NCAMP supported the the ability to plant any triazine-sensitive for the triazines. EWG requests that the Agency’s concerns about potential rotational crop in the fall or the spring Agency calculate the effect of exposure ecological risks associated with the following the application without the to infants and children on their lifetime triazines and cited a number of concern of carryover. This flexibility is cancer risks, the average exposure levels published studies about the toxic effects extremely important in regions where for infants and young children, the on aquatic and terrestrial organisms. growing seasons are shorter, which may degree to which it is disproportionately Agency Response: NCAMP did not result in herbicide applications being occurring in early life and the provide any information other than made later in the spring. A third significance of this exposure. NCAMP citing several studies about the potential advantage is that cyanazine offers the further urges the Agency to extend that ecological risks of the triazines. The grower a wide weed control spectrum, risk assessment concept to include all Agency conducted a comprehensive especially against several problem grass pesticides with similar toxic endpoints. literature search and considered all species. Therefore, in some cases a Agency Response: The Agency agrees published information in its assessment second grass herbicide may be that it is important to consider the of triazine ecological risks at the time unnecessary, or can be used at a differences between infants, children, the triazine PD 1 was issued. The reduced application rate. and adults when estimating risks and is studies that supported the Agency’s The Agency has evaluated how the working to develop scientifically-sound ecological concerns are discussed in phaseout of cyanazine will impact users methodologies to account for such detail in the PD 1. In the PD 1, the as compared to an immediate differences in sensitivity and/or Agency stated that exclusion of cancellation. Data and information from exposure and their impact on the ecological risks as a Special Review publications of the USDA National lifetime cancer risk estimates. Many trigger at that time would not preclude Agricultural Statistical Service (NASS), factors such as the length of exposure the Agency from including those risks USDA/University State Extension and variations in exposure levels need in the review at a later time, should Pesticide Use Recommendation Reports, to be considered in the risk assessment additional information warrant it. The other proprietary marketing research process. The triazines Special Review is Agency will continue to evaluate sources, and comments received in the first case study for estimating total ecological concerns as the Special response to the triazine PD 1 were used risks from chemicals which are similar. Review of atrazine and simazine as the basis for this analysis. Although The Agency will likely apply the proceeds. If new information becomes USDA National Agricultural Pesticide principles that are used in the combined available that changes the Agency’s Impact Assessment Program (NAPIAP) risk assessment in the triazine case position regarding the ecological risks of reports on field corn (1995), cotton study to estimate combined risks from atrazine and simazine, the Agency may (1993), and sorghum (1994) exist, they other pesticides that have concurrent include them in the Special Review. have limited usefulness to EPA in terms exposure and/or common mechanisms of quantitative estimates of impacts. V. Summary of Qualitative Benefits and of toxicity in future risk assessments. The NAPIAP reports generally contain Impacts of Phaseout and Voluntary estimates of yield losses and direct costs IV. Summary of Exposure and Related Cancellation resulting from the use of some Ecological Risks Cyanazine is a broad spectrum alternative chemicals. The NAPIAP At the time the Agency initiated the herbicide which is registered for the report on corn also includes estimates of Special Review of atrazine, simazine, control of many annual grasses and crop damage. The yield loss estimates and cyanazine, it did not include broadleaf weeds in corn, cotton, and were based on a survey of regional weed ecological risk as a formal trigger to sorghum. About 23 - 36 million pounds scientists. For the corn assessment, initiate the review. The Agency did, active ingredient of cyanazine are scientists from 15 states were however, express concerns about the applied each year in the U.S. Corn interviewed as a group to encourage potential risks to aquatic organisms, accounts for 95 percent of cyanazine dialogue. Survey responses were then terrestrial plants and their ecosystems. usage with between 18 and 21 percent used as a basis for quantitative estimates The Agency based its concern on a of the field corn acreage treated each of the economic impact of a cancellation number of studies that indicate acute year. Cotton accounts for about 3 of cyanazine and substitution of effects on various aquatic organisms and percent of all usage with between 12 alternative control methods. The report terrestrial plants. These studies were and 20 percent of the cotton acreage does not specify the basis for the discussed in detail in the PD 1 and the treated annually. Sorghum and opinions of the weed scientists. Thus, it Agency requested any additional sweetcorn account for less than 1 is not clear to what extent the opinions information about ecological effects at percent of all cyanazine usage with of the weed scientists are based on the time the Notice was published. The between 1 and 3 percent of the sorghum comparative product performance tests Agency did not receive any new acreage and about 20 percent of sweet or other comparable scientific data. The information or new studies that either corn acreage treated annually. Agency has concluded that a reliable supported or rebutted its concern about Cyanazine provides the grower with projection of the comparative potential ecological risks from the use of flexibility of application (preplant, performance of pesticide products must 8198 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices be based on scientifically derived data. of the economic impacts of a cyanazine phaseout will not be realized Projections based solely on opinions, cancellation or phaseout, but has used until after 2002, when all use of the even the opinions of experts, do not the reports for other purposes in the chemical is prohibited. However, the provide a sufficiently reliable basis for Agency’s analysis. For example, the Agency does believe that some impacts the quantitative estimation of economic NAPIAP reports do provide useful will occur during the phaseout period as impacts. Accordingly, the Agency has information about the manner and a result of a decrease in the maximum not relied on the NAPIAP reports to extent of cyanazine use. The NAPIAP rates allowed per acre and the closed estimate potential economic impacts of quantitative estimates have been used cab requirements. the cancellation or phaseout of only for the limited purpose of Most cyanazine users are not expected cyanazine registrations. illustrating the relative economic The NAPIAP reports are limited in differences between the two regulatory to be adversely affected by the phaseout several other respects. The commodity options: a complete cancellation or a until the maximum use rate drops below assessments do not focus on cyanazine, phase-down of use followed by a the rate at which they are currently nor do they address specific aspects that complete cancellation. In such an applying the chemical. For example, the could affect the impacts associated with analysis, the accuracy and reliability of majority of cyanazine usage on corn is its anticipated phaseout. Additional the NAPIAP quantitative estimates are applied at rates between 1 and 3 lb/ai/ factors that were not considered in the not crucial because the Agency is using acre. Therefore, the use on corn will not NAPIAP reports include tillage them for the limited purpose of be significantly affected until 1999 practices, potential for crop injury, farm illustrating the relative relationship when the maximum rate is reduced to size, and regional preferences that could between the two regulatory options. 1 lb/ai/acre. Similarly, for cotton, the also influence the overall economic Because the terms and conditions of majority of usage occurs at rates of less impacts to users. Perhaps most the cyanazine phaseout call for than 1 lb/ai/a; therefore, most uses in significantly, the corn and cotton incremental annual reductions in cotton will remain unaffected, assuming assessments were completed before cyanazine usage beginning in 1997, adequate supplies, through 2002, at several newly registered herbicides reaching a maximum of 1 lb/ai/a in which time cyanazine will no longer be entered the market, so they were not 1999, and requirements for closed cab available for use. Table 5 below presents considered. application equipment beginning in the frequency distribution of cyanazine The Agency has not adopted the 1998 and remaining throughout the acre treatments by application rate for NAPIAP reports’ quantitative estimates phaseout period, the full impacts of the each of the use sites. Table 5.ÐDistribution of Cyanazine Usage (Acre Treatments) by Application Rate (1993 - 1994)

Application Rate (lb/ai/acre) Field Corn Cotton Sweet Corn

0 to 1 18% 91% 16% >1 to 3 72% 8% 81% >3 to 5 9.8 1% 3% >5 to 6.5 0.2% -- -- Total 100% 100% 100%

Source: U.S. EPA; Based on proprietary and publicly available data.

The Agency acknowledges that some differences between a phaseout of cancellation. The NAPIAP reports benefits are associated with the use of cyanazine followed by a complete estimate that the aggregrate economic cyanazine throughout the phaseout cancellation and an immediate impacts of an immediate ban of period; however, quantitative estimates cancellation. The Agency has not relied cyanazine would be $25 million for corn of the impact of the phaseout have not on the NAPIAP reports to estimate the and $14 million for cotton. In Table 6, been determined. As discussed earlier, potential economic impact of the the NAPIAP estimates have been used to the Agency has used the quantitative phaseout and cancellation of cyanazine illustrate the ameliorating effect that the estimates of an immediate cancellation other than to merely illustrate that a phaseout of cyanazine may have on as reported by NAPIAP for the limited phaseout incurs less of an impact to individual uses (Ref. 12). purpose of illustrating the relative growers than would an immediate Table 6ÐAllocation of the Impacts of the Phaseout and Voluntary Cancellation of Cyanazine

App Rate (lb/ai/ Total Impacts Year acre) Field Corn ($mil) Cotton ($mil) Sweet Corn ($mil) ($mil)

1996 6.5 $0.00 $0.00 $0.00 $0.00 1997 5 $0.05 $0.00 $0.00 $0.05 1998 3 $6.8 $8.6 $0.1 $15.5 1999 1 $21.4 $9.0 $0.7 $31.1 2000 1 $21.4 $9.0 $0.7 $31.1 2001 1 $21.4 $9.0 $0.7 $31.1 2002 1 $21.4 $9.0 $0.7 $31.1 2003 0 $25 $14 $0.8 $39.8 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices 8199

While the Agency has used the and 11 percent are layby applications. calculated on the basis of 72.9 million NAPIAP quantitative estimates of About 12 - 20 percent of the U.S. cotton acres with a total crop value of $22.16 impacts in Table 6 above, the Agency acreage received a cyanazine billion. Using the above formula, the neither accepts nor rejects them. The application at an average rate of 0.8 lb/ annual economic impact of banning quantitative estimates are used only to ai/a. Preplant applications were cyanazine use on sweet corn is illustrate the relative difference between typically made at the rate of 1.5 - 2.0 lb/ estimated to be $0.8 million. Annual immediate cancellation and a phaseout. ai/acre while postemergence impacts that result from the phaseout of 1. Field corn. Between 18 and 21 applications were made at the rate of 0.5 cyanazine will not significantly impact percent of the 73 million acres planted - 1 lb/ai/a. Alternatives that are sweet corn growers until 1999 when the to field corn receives one or more available for use on cotton include maximum allowable application rate is applications of cyanazine per growing diuron, fluometuron, oxyfluorfen, reduced to 1 lb/ai/a. season at an average rate of 1.9 lb/ai/ prometryn, and the recently registered Wisconsin sweet corn growers may be acre. Approximately 22 - 33 million herbicide pyrithiobac-sodium. Since the severely impacted by the phaseout of pounds of cyanazine are applied majority of cyanazine usage in cotton cyanazine since it is believed that a annually. Treatments are predominantly occurs at rates less than 1 lb/ai/a, the large percentage of cyanazine usage in preemergence and preplant phaseout should not adversely impact that state is a result of the state incorporated; however, cyanazine cotton growers until cyanazine use is restrictions that have been placed on combined with atrazine is commonly prohibited after 2002. Table 6 above atrazine. In some counties, rate used in no-till corn as an early post- illustrates the ameliorating effect that restrictions have reduced the emergence or burndown agent. the phaseout of cyanazine followed by performance of atrazine as a Cyanazine is applied alone or in a voluntary cancellation has on cotton preemergence treatment. Therefore, combination with another herbicide growers relative to an immediate ban. sweet corn growers may have to resort approximately 35 and 65 percent of the 3. Sweet Corn. Approximately to using postemergence herbicides to time, respectively. About 90 percent of 200,000 to 300,000 pounds active control broadleaf weeds unless new cyanazine products are applied ingredient of cyanazine is applied to preemergence herbicides are registered. broadcast using ground equipment and sweet corn per year at an average rate The Agency anticipates that the impact most of the remaining 10 percent of 1.5 lb/ai/acre. About 6 percent of the to sweet corn growers will be similar to applied as a band treatment. Cyanazine 164,000 acres of fresh market sweet corn that anticipated for field corn growers. used alone is applied at an average rate and about 24 percent of the 503,000 Table 6 above illustrates the of 2.25 lb/ai/acre. When used in acres of processed sweet corn receive ameliorating effect that the phaseout of combination with another herbicide, cyanazine applications, with Wisconsin, cyanazine followed by a voluntary cyanazine is applied at an average rate Illinois, New York, Michigan, New cancellation has on sweet corn growers of 1.67 lb/ai/acre. Jersey, and Minnesota having significant relative to an immediate ban. The majority of users who apply cyanazine use on this commodity. The Comments Regarding Benefits of cyanazine to field corn will not be heavy usage in Wisconsin is probably Cyanazine and the Agency’s Response affected until 1999 when the maximum due to the restrictions placed on use rate is lowered to 1 lb/ai/a. atrazine in that state. There are fewer A number of commenters, including However, about 10 percent of cyanazine alternative herbicides registered for use academia and weed extension scientists, usage does occur at rates of 3 lb/ai/acre on sweet corn than for field corn, with grower groups, and chemical producers, or higher on heavier clay soils that atrazine being the primary submitted comments about the general generally contain greater than 3 percent preemergence alternative. Dicamba and benefits of cyanazine use in agricultural organic matter or on soils with greater 2,4-D are postemergence alternatives for practices. These general arguments than 30 percent surface residue. In 1999, broadleaf weed control and alachlor and support cyanazine’s continued use when the maximum rate is reduced to metolachlor are alternatives for grass because of its shorter residual life and 1 lb/ai/a, approximately 82 percent of control. therefore less crop rotation restrictions, cyanazine usage will be affected. As stated earlier, no published better control of certain grass weeds Compared to an immediate cancellation, information was available that estimated other than triazines, effectiveness the phaseout reduces annual impacts the impacts of the unavailability of against germinating and emerged weeds because cyanazine will continue to be cyanazine for sweet corn production. with good burndown action in no-till available to some growers through 2002. The Agency calculated estimates for practices, role in weed resistance Table 6 above illustrates the sweet corn based on information that management, no drift damage to ameliorating effect that the phaseout of was available for field corn. The sensitive crops nearby, and its generally cyanazine followed by a voluntary economic impact on field corn is greater flexibility in weed control cancellation has on corn growers adjusted to account for differences programs. The Agency acknowledges relative to an immediate ban. between the total acres planted and the that there are certain benefits associated Efficacious alternatives to cyanazine per acre value of sweet corn and field with the use of cyanazine and, as include atrazine, nicosulfuron, corn. The following formula is used to required, has considered all of metolachlor, alachlor, dicamba, estimate this impact: cyanazine’s advantages in its acetochlor, halosulfuron and Sweet Corn Impact = Field Corn assessments. prosulfuron. Impact ($25 million) x total acres sweet Comment: NCAMP and EWG criticized 2. Cotton. Cotton is the second largest corn (800,000)/total acres field corn the methodology of the Agency’s crop on which cyanazine is used and it (70,000,000) x per acre value sweet corn analyses of pesticide benefits. NCAMP accounts for 3 percent of the total ($850)/per acre value field corn ($303). commented that a comprehensive cyanazine used in the United States or The per acre value of sweet corn is a benefits assessment will demonstrate about 1 - 2 million pounds of active weighted average of sweet corn grown the appropriateness of cancelling all ingredient. About 62 percent of for the fresh market (224,900 acres, registrations of the triazines. NCAMP cyanazine usage in cotton are $373.7 million) and the processed further stated that the Agency’s method postemergence directed applications, 25 market (516,200 acres, $256.1 million). of assessing benefits is inappropriate percent are preemergence applications The per acre value of field corn was because the assessment looks only at 8200 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices alternative chemical means of impact to growers who have used Agency believes that this action would controlling weed pests. The EWG cyanazine in their weed management have been contested and would have commented that the Agency must practices in the past. First, the phaseout required enormous resources and consider the total social costs of using should allow growers sufficient time to several years of litigation before a final pesticides in its benefits assessment and find suitable alternatives to replace order could have been implemented. that it is not proper to allow a chemical cyanazine, thereby causing little The resources saved by voluntary risk to support the production of disruption to agricultural production. cancellation and phaseout may now be commodities that are subsidized and For example, the majority of cyanazine applied to risk reduction of other where supply exceeds demand. used is applied to field corn. With the products. Also, a contested cancellation phaseout, there will be little impact to Agency Response: Because these would not have brought about the corn growers until 1999 when the comments were not specific to phased-in measures to reduce risk as cyanazine, the Agency intends to maximum allowable use rate drops to 1 currently provided for by the terms and respond to them later in the Special lb/ai/a. With all uses, the full impact of conditions of the voluntary cancellation Review when comments on all triazines the phaseout will not be realized until and phaseout. Finally, the outcome of are addressed, unless it receives after 2002 when cyanazine use will be additional comments demonstrating that prohibited. litigation is uncertain in both result and when those results may be achieved; the these criticisms apply specifically to C. Risks of Alternatives cyanazine. voluntary cancellation and phaseout has Comment: Griffin provided an The Agency has identified the major set a firm schedule for the assessment of the general benefits of chemical alternatives to cyanazine in implementation of risk reduction cyanazine that addressed the following this Notice. Atrazine, one alternative to measures and has established a date aspects of cyanazine: (1) Importance in cyanazine, was placed into Special certain for the final cancellation of controlling a wide spectrum of weeds, Review concurrently with cyanazine cyanazine registrations. (2) providing greater crop rotation based on the potential risk of carcinogenicity to humans. No For all of the foregoing reasons, the flexibility, (3) usefulness in no-till Agency has determined that practices, (4) weed resistance significant risk concerns have been identified with the other alternatives implementation of the voluntary management, and (5) lower cost than cancellation and phaseout of cyanazine alternative chemicals. except for 2,4-D, which is currently being considered for possible Special will eliminate the potential risks posed Agency Response: The Agency agrees by cyanazine identified in the triazine with Griffin that cyanazine offers those Review pending results of further PD 1. benefits as Griffin pointed out; however, studies on its carcinogenic potential. the Agency also believes that alternative D. Risk/Benefit Analysis E. Proposed Decision Regarding Special herbicides are available that provide In light of the terms and conditions of Review comparable weed control at similar the DuPont and Griffin cyanazine In view of its determination discussed costs. Earlier in this Notice, the Agency registrations, the Agency has considered above, that the terms and conditions of acknowledged many of the same the risks and benefits of cyanazine for the cyanazine voluntary cancellation advantages of using cyanazine as Griffin the remaining 7 years that the pesticide noted. will be allowed for use. During the and phaseout will eliminate any unreasonable adverse effects posed by VI. Risk/Benefit Analysis and the phaseout, people will be exposed to the registration of cyanazine, the Special Agency’s Proposed Decision Regarding cyanazine for a limited time period Review need not be continued. Special Review during which application rates will be reduced and closed cab application VII. Request for Voluntary Cancellation A. Risks equipment will be required. As The terms and conditions of the discussed earlier, the Agency believes As part of the terms and conditions of phaseout and cancellation are expected that the potential risks that may result, all registered cyanazine products, to reduce risk from use of cyanazine as while considering the factors of time including those of both DuPont and estimated in the cyanazine PD 1 to zero and exposure imposed by the cyanazine Griffin, voluntary cancellations of all over the course of the phaseout and phaseout, will be less than those risks cyanazine registrations will become depletion of existing stocks. While both articulated in the PD 1. Further, the effective December 31, 1999. Shortly users and the public will be subject to Agency has evaluated the impacts of the thereafter, the Agency will issue a some continued risk during this time, cyanazine phaseout and has concluded cancellation order for all cyanazine the risk to users will decline during the that there are benefits associated with products. Also, as part of the terms and phaseout and depletion of existing the phaseout of cyanazine. conditions, EPA is required to provide stocks due to the imposition of use The phaseout also confers benefits by advance public notification of the restrictions and the risk to the public making it unnecessary to recall and voluntary cancellation of cyanazine will decline due to the reduction in use dispose of unused product and by products as part of the proposal to rates. allowing users to reduce costs through terminate the Special Review of various mechanisms such as allowing cyanazine. This section, Unit VII., will B. Benefits them time to gradually modify weed serve as the Agency’s notification of the In Unit V. of this Notice, a discussion management strategies to replace requests for voluntary cancellation. of the impacts of phasing out cyanazine cyanazine. The Agency also considered compared to an immediate cancellation the costs, time, and uncertainties The cyanazine products that, is presented. The cyanazine phaseout associated with involuntary imposition according to the amended terms and allows for a gradual reduction in use of of regulatory measures. In the absence of conditions of cyanazine registration, the chemical over a period of 7 years. the voluntary cancellation and will be voluntarily canceled, effective There are a number of elements phaseout, the Agency may have used its December 31, 1999, are listed below by inherent in the phaseout of cyanazine authority under FIFRA section 6 to EPA registration number and product that will, in effect, lessen the economic cancel cyanazine registrations. The name. Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices 8201

submitted pursuant to this Notice, writing. The official record is the paper except ‘‘CBI,’’ will be available for record maintained at the address in Registration Product Name public inspection in Rm. 1132, CM #2, ‘‘ADDRESSES’’ at the beginning of this No. 1921 Jefferson Davis Highway, document. Arlington, VA Telephone: 703-308- 352-475 DuPont Cyanazine Technical X. Terms and Conditions Amending 5805. 352-470 DuPont Bladex (R)4L Herbicide Cyanazine Registrations 352-495 DuPont Bladex (R)90 DF Herbi- Comments claimed as CBI must be cide clearly marked as ‘‘confidential,’’ ‘‘trade On August 2, 1995, EPA accepted 352-500 DuPont Extrazine (R)II 4L Her- secret,’’ or other appropriate designation DuPont’s proposed amendments to its bicide on the face of the comments. Comments cyanazine registrations that effectively 352-577 DuPont Extrazine (R)II DF Her- marked as such will be treated in phases out the production of cyanazine bicide accordance with the procedures in 40 for use in the United States by the end 1812-364 Griffin Cyanazine Technical CFR 2.204(e)(4). Comments not claimed of 1999. The amendments also included 1812-365 Griffin Cynex DF as confidential at the time of an incremental reduction of the 1812-366 Griffin Cynex 4L Herbicide Liq- maximum label rates over the course of uid submission, or not clearly labeled as 1812-367 Griffin Cynex Extra 4L containing CBI, will be placed in the the phaseout and a requirement for 1812-368 Griffin Cynex Extra DF public docket. The Agency will consider closed cab application equipment in the failure to clearly identify the 1998. The terms and conditions of the Comments on the requests for claimed confidential status on the face amendments apply to all current voluntary cancellation of these of the comment as a waiver of such DuPont cyanazine registrations as well registrations may be submitted to the claim, and will make such information as any new registration that the Agency contact person listed under the FOR available to the public without further may approve since the acceptance of FURTHER INFORMATION CONTACT notice to the submitter. DuPont’s proposal, including Griffin’s unit of this document during the 30-day All comments and information should recent conditional registrations that comment period provided in this be submitted in triplicate to the address were approved by the Agency. As part Notice. given in this Notice under ADDRESSES of the requirements for approval of any Also included in the terms and to facilitate the work of EPA and others future cyanazine registrations, any conditions of cyanazine registrations is interested in inspecting them. The registrant must agree to comply with all a provision for allowing the continued comments and information should bear of the same terms and conditions to distribution and use of cyanazine end the docket control number, ‘‘OPP– effectively phaseout cyanazine use products beyond the effective 30000/60A.’’ production for use in the United States voluntary cancellation date. The terms by end of 1999. The amended terms and and conditions specifically state that all IX. Public Docket conditions that are required of all cyanazine formulated end use products A record has been established for the cyanazine registrants appear below. released for shipment by a registrant on action under docket number ‘‘OPP– or before December 31, 1999, may Terms and Conditions to Amend Cyanazine 30000/60A’’ (including comments and Registrations continue to be distributed and sold in data submitted electronically as the channels of trade in accordance with described below). A public version of 1. On November 23, 1994, the U.S. Environmental Protection Agency (‘‘EPA’’) labels through September 30, 2002. The this record, including printed, paper terms and conditions further state that initiated a Special Review under the Federal versions of electronic comments, which Insecticide, Fungicide, and Rodenticide Act use of such existing products in does not include any information (‘‘FIFRA’’), for pesticide products that accordance with their labels may claimed as CBI, is available for contain a triazine herbicide as an active continue through December 31, 2002. inspection from 8 a.m. to 4:30 p.m., ingredient, Federal Register Notice, Vol. 59, All labels of cyanazine formulated end Monday through Friday, excluding legal No. 225 (‘‘the Special Review’’). Cyanazine is use products released for shipment by a holidays. The public record is located in one of the triazine products subject to the registrant after July 25, 1996, will state Special Review, and E. I. du Pont de Rm. 1132 of the Public Response and Nemours and Company (‘‘DuPont’’) is the that the product may not be sold or Program Resources Branch, Field distributed after September 30, 2002, primary registrant of cyanazine in the United Operations Division (7506C), Office of States. and that the products may not be used Pesticide Programs, Environmental 2. EPA’s initiation of the Special Review after December 31, 2002. The existing Protection Agency, Crystal Mall #2, for triazine containing products was based on stocks provision will allow any 1921 Jefferson Davis Highway, the Agency’s preliminary determination that remaining product in the channels of Arlington, VA. triazine products trigger risk criteria that trade to be used, thereby precluding the Electronic comments can be sent indicate these products may present unreasonable risks as described in the Notice need for recall and disposal of unused directly to EPA at: product. of Special Review. This preliminary [email protected] determination by EPA with respect to VIII. Public Comment Opportunity cyanazine, however, is not a finding, Electronic comments must be conclusion or other determination, that During the 30-day comment period, submitted as an ASCII file avoiding the cyanazine does in fact present a risk to specific comments are requested on the use of special characters and any form humans or the environment. Agency’s preliminary determination to of encryption. 3. The purpose of this letter is to propose terminate the Special Review of The official record for the document, a comprehensive listing of the terms and cyanazine and on the requests for as well as the public version, as conditions of amendments to DuPont’s voluntary cancellation of cyanazine described above will be kept in paper cyanazine product registrations. The specific products. The Agency will review and form. Accordingly, EPA will transfer all mitigation steps proposed in these consider any comments received during comments received electronically into amendments are designed to reduce the potential for the risk criteria being triggered the official comment period before printed, paper form as they are received in the future and to satisfactorily address issuing a final determination on and will place the paper copies in the EPA’s concerns over potential risks as conclusion of the Special Review of official record which will also include described in the Notice of Special Review. cyanazine. All written comments all comments submitted directly in DuPont’s understanding in agreeing to the 8202 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices proposed mitigation steps is that if they are be released for shipment by a registrant after not require the terms and conditions of required of all current and potential future December 31, 1999. registration as specified in this letter, cyanazine-containing products and (e) EPA shall authorize existing stocks of including cancellation as of December 31, registrations, including but not limited to all cyanazine formulated end use products 1999, or said terms and conditions are DuPont’s cyanazine products and that have been released for shipment by a proposed or imposed upon another party’s registrations, they will adequately address registrant of such products on or before registrations, but are stayed or enjoined in EPA’s concerns that cyanazine products may December 31, 1999, to continue to be whole or in part by the Agency or any court, present risks as described by EPA in the distributed and sold in the channels of trade EPA agrees to permit DuPont to continue its Notice of Special Review. It is DuPont’s in accordance with their labels through registrations in effect beyond December 31, further understanding that based on this September 30, 2002. EPA shall authorize the 1999, and/or amend its cyanazine determination, EPA will proceed to conclude continued use of such existing stocks in registrations, on a specific use and/or site the Special Review as to cyanazine as soon accordance with their labels through specific or use rate basis, in order to delete as practicable. December 31, 2002. Labels of all cyanazine any term or condition of registration set forth 4. DuPont’s agreement to the proposed formulated end use products released for in this letter that is not required of the other amendments set forth herein is not, and shall shipment by a registrant after July 25, 1996, party or as a term or condition of that party’s not be considered as, an admission by shall bear the following statements: ‘‘This registration, and to make such other DuPont that cyanazine used in accordance product may not be sold or distributed after amendments to its cyanazine registrations, with DuPont’s registrations and labels September 30, 2002’’ ‘‘This product may not including but not limited to adding new uses triggers risk criteria as described in the be used after December 31, 2002.’’ or application methods, as are necessary so Notice of Special Review, or otherwise poses (f) The public will have advance that DuPont’s cyanazine registrations may risks to humans or the environment. notification of the voluntary cancellation of contain the same terms and conditions as are contained in the other party’s registrations. 5. Cyanazine Risk Mitigation Measures DuPont’s cyanazine formulated end use Any such amendments are to be shall be comprised of the following steps: (a) registrations and the existing stocks accomplished in accordance with the The labels of all cyanazine formulated end provisions provided for herein as part of the requirements of FIFRA. use products released for shipment by a conclusion of the Special Review, and 7. On April 16, 1992, EPA issued a Data registrantl after July 25, 1996, for use in the DuPont shall have no obligation to recover or recall any cyanazine products, or to Call In for cyanazine (the ‘‘DCI’’). DuPont has U.S., shall specify seasonal use rates that completed and submitted all of the studies limit the maximum amount of cyanazine reimburse, or otherwise compensate or provide additional notice to any purchaser or requested in the DCI. EPA agrees that DuPont active ingredient that may be applied on a has submitted all of the studies requested by per acre basis as follows: other party in connection with or as a result of the voluntary cancellation provided for the DCI, and that EPA will not request further FOR USE: MAXIMUM SEASONAL USE data from DuPont in connection with said herein. RATE CAP (AI/ACRE): DCI. Nothing contained in these amendments (g) cyanazine technical products released Beginning Jan. 1, 1997 5 lbs per acre shall be interpreted as restricting EPA’s for shipment by a registrant after July 25, Beginning Jan. 1, 1998 3 lbs per acre authority to issue a future Data Call In, or 1996, shall bear labels stating that any Beginning Jan. 1, 1999 1 lb per acre otherwise to regulate cyanazine registrations (b) Subject to all the terms and conditions formulated end use products that are made pursuant to FIFRA, should the Agency of these amendments, this letter shall serve from the technical products and that are determine that there is significant new as DuPont’s request, pursuant to FIFRA, that registered for use in the U.S., shall be subject evidence about potential unreasonable risks EPA accept the voluntary cancellation of all to the terms and conditions of cyanazine to the environment presented by use of of DuPont’s existing registrations for registrations set forth in paragraph 5 of this products containing cyanazine. DuPont shall formulated end use products containing letter. retain all of its rights under FIFRA and other cyanazine to become effective December 31, 6.(a) It is DuPont’s understanding that applicable laws and regulations to challenge 1999. The cancellation date of December 31, upon its submission to EPA of a signed copy any such action by EPA. 1999, shall become a part of the terms and of this letter proposing amendments to its 8. Upon EPA’s final acceptance of these conditions of DuPont’s registrations for registrations, EPA will commence such steps amendments, and the Agency’s final action formulated end use products that contain as are necessary to approve finally the concluding the Special Review in accordance cyanazine. amendments and to conclude the Special with the amendments and understandings set (c) The labels of all cyanazine products Review of cyanazine, without requiring forth herein, DuPont agrees to waive its rights released for shipment by a registrant after further mitigation steps by DuPont, and that to challenge EPA’s final action on the Special July 25, 1996, for use in the U.S., shall EPA will complete such final Agency action, Review, or the terms and conditions of label specify that closed cab application will be including any public comment or required amendments that are required by these required for applications to be made during notice to other federal agencies, as soon as amendments, in any court or administrative or after the 1998 use season. practicable. In the event EPA is unable to so forum, and agrees not to assist or encourage (d) No cyanazine formulated end use approve the amendments or to finally any other party to challenge EPA’s final products registered for use in the U.S. shall conclude the Special Review, for whatever actions. Except as expressly set forth in these reason, or if after August 2, 1995, and prior amendments, DuPont shall retain all of its 1For the purpose of determining compliance with to the date EPA finally approves these rights under FIFRA, and other applicable the proposed terms and conditions of amended amendments and finally concludes the laws and regulations, to challenge any action, registrations as set forth in paragraph 5., whenever Special Review, another party obtains a proceeding or determination by EPA, or to the term ‘‘released for shipment by a registrant cyanazine registration that does not contain challenge or intervene in any action by or appears in these amendments, it shall mean the the terms and conditions set forth in these involving a third party, with respect to the shipment of cyanazine formulated end use amendments, for whatever reason, these registration of DuPont’s or any other party’s products, shipped by or at the direction of a amendments may, at DuPont’s election, be cyanazine products. registrant from the facility at which they are finally withdrawn and be without effect, and the formulated for distribution, sale and use in the U.S. XI. References as evidenced by a bill of lading or other verifiable current terms and conditions of DuPont’s shipping documents. The term shall not apply to a) cyanazine registrations shall remain in effect. 1. U.S. Environmental Protection shipments of cyanazine formulated end use In such event, DuPont will retain all of its Agency. Notice of Receipt of Requests to products by agents, distributors, or dealers who rights to participate fully in the Special Voluntarily Cancel Certain receive and further distribute cyanazine products to Review, or any Agency or judicial review of Registrations. Federal Register Notice customers, or b) to cyanazine technical products the same, or to contest any regulatory action shipped within the U.S. for formulation into end that may be initiated against its products and (60 FR 56333). November 8, 1995. use products, or c) to shipments of cyanazine registrations, pursuant to FIFRA or other 2. U.S. Environmental Protection technical or formulated end use products for export. Agency. Atrazine, Simazine, and Any formulated end use product containing applicable laws and regulations, as it deems cyanazine technical products and registered for use appropriate. Cyanazine; Notice of Initiation of in the U.S. shall be subject to the terms and (b) In the event another party obtains a Special Review. Federal Register Notice conditions of paragraph 5 of this letter. registration of a cyanazine product that does (59 FR 60412). November 23, 1994. Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Notices 8203

3. U.S. Environmental Protection 8. U.S. Environmental Protection 11. U.S. Environmental Protection Agency. Letter from Lynn R. Goldman to Agency. Notice of Pesticide Registration. Agency. Memorandum from Olga Jane D. Brooks, Dupont Agricultural February 12, 1996. Odiott, Office of Pesticide Programs, Products. August 2, 1995. 9. U.S. Environmental Protection Health Effects Division. ‘‘DuPont’s 4. U.S. Environmental Protection Agency. Memorandum from Denise Cyanazine Occupational Exposure Agency. Notice of Pesticide Registration. Keehner, Office of Pesticide Programs, Estimates.’’ October 26, 1995. November 6, 1995. Environmental Fate and Effects 12. U.S. Environmental Protection Division. Transmittal of EFED Review of Agency. Biological and Economic 5. U.S. Environmental Protection Comments Including DuPont’s on the Assessment of the Cyanazine Phaseout. Agency. Notice of Pesticide Registration. PD 1 Related to Ground Water and February 9, 1996. September 18, 1995. Surface Water for Cyanazine. November Dated: February 26, 1996. 6. U.S. Environmental Protection 3, 1995. Lynn R. Goldman, Agency. Notice of Pesticide Registration. 10. DuPont Agricultural Products. February 8, 1996. Letter from Tony E. Catka. ‘‘Cyanazine Assistant Administrator for Prevention, Pollution and Toxic Substances. 7. U.S. Environmental Protection Mixer/Loader/Applicator Occupational Agency. Notice of Pesticide Registration. Cancer Risk Estimates.’’ October 19, [FR Doc. 96–4963 Filed 2–29–96; 8:45 am] February 9, 1996. 1994. BILLING CODE 6560±50±F i

Reader Aids Federal Register Vol. 61, No. 42 Friday, March 1, 1996

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING MARCH

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202±523±5227 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since 523±5215 Public inspection announcement line the revision date of each title. Laws Public Laws Update Services (numbers, dates, etc.) 523±6641 For additional information 523±5227 Presidential Documents Executive orders and proclamations 523±5227 The United States Government Manual 523±5227 Other Services Electronic and on-line services (voice) 523±4534 Privacy Act Compilation 523±3187 TDD for the hearing impaired 523±5229

ELECTRONIC BULLETIN BOARD Free Electronic Bulletin Board service for Public Law numbers, Federal Register finding aids, and list of documents on public inspection. 202±275±0920 FAX-ON-DEMAND You may access our Fax-On-Demand service. You only need a fax machine and there is no charge for the service except for long distance telephone charges the user may incur. The list of documents on public inspection and the daily Federal Register’s table of contents are available using this service. The document numbers are 7050-Public Inspection list and 7051-Table of Contents list. The public inspection list will be updated immediately for documents filed on an emergency basis. NOTE: YOU WILL ONLY GET A LISTING OF DOCUMENTS ON FILE AND NOT THE ACTUAL DOCUMENT. Documents on public inspection may be viewed and copied in our office located at 800 North Capitol Street, N.W., Suite 700. The Fax-On-Demand telephone number is: 301±713±6905

FEDERAL REGISTER PAGES AND DATES, MARCH 7979±8204...... 1 ii Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Reader Aids

REMINDERS California et al.; published Shams Pahlavi assets Individual case The rules and proposed rules 3-1-96 unblocked; published 3-4- management; comments in this list were editorially HEALTH AND HUMAN 96 due by 3-4-96; published compiled as an aid to Federal SERVICES DEPARTMENT 1-4-96 Register users. Inclusion or Food and Drug COMMENTS DUE NEXT Personnel: exclusion from this list has no Administration WEEK Conduct on Pentagon legal significance. Food additives: Reservation; comments Mannitol; published 3-1-96 due by 3-8-96; published AGRICULTURE 1-8-96 INTERIOR DEPARTMENT RULES GOING INTO DEPARTMENT Elected school boards-- EFFECT TODAY Minerals Management Agricultural Marketing Service National Defense Service Authorization Act; Royalty management: AGRICULTURE Kiwifruit grown in California; implementation; Oil and gas transportation DEPARTMENT comments due by 3-4-96; comments due by 3-4- and processing published 2-1-96 96; published 1-4-96 Animal and Plant Health allowances, and coal Potatoes (Irish) grown in-- Inspection Service washing and EDUCATION DEPARTMENT Overtime services relating to transportation allowances; Idaho; comments due by 3- Postsecondary education: imports and exports: valuation regulations 4-96; published 2-1-96 Higher Education Act of International commercial revision; published 2-12- Specialty crops; import 1965-- aircraft and vessels; 96 regulations: Federal student quarantine and inspection NATIONAL LABOR Peanuts; comments due by assistance programs; services; user fees; RELATIONS BOARD 3-4-96; published 2-1-96 improved oversight; published 1-29-96 Administrative law judges; AGRICULTURE comments due by 3-4- Plant-related quarantine, unfair labor practice DEPARTMENT 96; published 2-2-96 domestic: proceedings; role in Rural Utilities Service ENVIRONMENTAL expeditious resolution PROTECTION AGENCY Pine shoot beetle; published Consultants funded by facilitation; published 2-23- 1-31-96 borrowers; use; comments Air pollution control; new 96 COMMERCE DEPARTMENT due by 3-4-96; published 1- motor vehicles and engines: PENSION BENEFIT Gasoline spark-ignition and Economic Development 2-96 GUARANTY CORPORATION diesel compression-ignition Administration Electric loans: Single-employer plans: marine engines; emission Federal regulatory review: RUS borrowers; audit policy Valuation of plan benefits-- standards; comments due Simplification and and certified public Interest rates and factors; by 3-8-96; published 2-7- streamlining regulations; accountant requirements; 96 published 2-15-96 comments due by 3-4-96; Federal regulatory review; Air quality implementation SMALL BUSINESS published 1-3-96 published 3-1-96 plans; approval and ADMINISTRATION COMMERCE DEPARTMENT COMMERCE DEPARTMENT promulgation; various Disaster loan programs: National Oceanic and Export Administration States: Federal regulatory review; Atmospheric Administration Bureau Florida; comments due by published 1-31-96 Export licensing: 3-4-96; published 2-1-96 Fishery conservation and Federal regulatory reform: management: Commerce control list-- Georgia; comments due by Business loan programs Puerto Rico and U.S. Virgin Items controlled for 3-4-96; published 2-2-96 Correction; published 3-1- Illinois; comments due by 3- Islands coral reef 96 nuclear nonproliferation resources reasons; Argentina, 4-96; published 2-1-96 Government contracting New Zealand, Poland, Indiana; comments due by Reporting and review recordkeeping South Africa, and South 3-4-96; published 2-1-96 Correction; published 3-1- requirements; published Korea addition to Maryland; comments due by 96 11-27-95 eligibility list; comments 3-4-96; published 2-1-96 Small business size Marine mammals: due by 3-4-96; Michigan; comments due by standards published 2-1-96 3-4-96; published 2-2-96 Commercial fishing Correction; published 3-1- COMMERCE DEPARTMENT Missouri; comments due by operations-- 96 3-7-96; published 2-6-96 Commercial fisheries Surety bond guarantee National Oceanic and North Carolina; comments authorization; list of program Atmospheric Administration fisheries categorized Fishery conservation and due by 3-4-96; published Correction; published 3-1- 2-1-96 according to frequency 96 management: of incidental takes; Pennsylvania; comments Federal regulatory review: Gulf of Mexico reef fish; published 12-28-95 comments due by 3-8-96; due by 3-8-96; published Business loan programs; 2-7-96 ENVIRONMENTAL published 1-31-96 published 2-9-96 PROTECTION AGENCY Pacific Coast groundfish; Rhode Island; comments Government contracting due by 3-4-96; published Superfund program: comments due by 3-8-96; review; published 1-31-96 2-2-96 National oil and hazardous published 1-23-96 Small business size West Virginia; comments substances contingency Tuna Management in the Mid- standards; published 1-31- due by 3-6-96; published plan-- Atlantic Negotiated 96 2-5-96 Rulemaking Committee: National priorities list Surety bond guarantee Air quality implementation update; published 3-1- program; published 1-31- Intent to establish; plans; √A√approval and 96 96 comments due by 3-4-96; promulgation; various FEDERAL TREASURY DEPARTMENT published 2-1-96 States; air quality planning COMMUNICATIONS Foreign Assets Control DEFENSE DEPARTMENT purposes; designation of COMMISSION Office Civilian health and medical areas: Radio stations; table of Iranian assets control program of uniformed Ohio; comments due by 3- assignments: regulations: services (CHAMPUS): 4-96; published 2-1-96 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Reader Aids iii

Air quality planning purposes; Flexible service offerings; Permanent program and Aerospatiale; comments due designation of areas: comments due by 3-4- abandoned mine land by 3-7-96; published 1-25- South Dakota; comments 96; published 2-28-96 reclamation plan 96 submissions: due by 3-7-96; published Fixed point-to-point Airbus Industrie; comments 2-6-96 microwave service in 37 Texas; comments due by 3- due by 3-4-96; published Clean Air Act: GHz band; channeling 4-96; published 2-1-96 2-12-96 Acid rain program-- plan, etc.; comments due JUSTICE DEPARTMENT by 3-4-96; published 2-22- Beech; comments due by 3- Nitrogen oxides emission Immigration and 96 7-96; published 1-25-96 reduction program; Naturalization Service Radio stations; table of comments due by 3-4- Aliens employment control: Boeing; comments due by 96; published 1-19-96 assignments: 3-4-96; published 1-3-96 Kansas; comments due by Employment eligibility State operating permits British Areospace; 3-4-96; published 1-26-96 verification form (Form I- programs-- 9); electronic production comments due by 3-7-96; Massachusetts; comments FEDERAL ELECTION and/or storage published 1-25-96 due by 3-4-96; COMMISSION demonstration project; published 2-2-96 Contribution and expenditure Cessna; comments due by application deadline 3-7-96; published 1-25-96 Massachusetts; comments limitations and prohibitions: extended; comments due due by 3-4-96; Debates and news stories by 3-8-96; published 2-6- Construcciones published 2-2-96 produced by cable 96 Aeronauticas, S.A. (CASA); comments due Pesticides; tolerances in food, television organizations; JUSTICE DEPARTMENT animal feeds, and raw comments due by 3-4-96; by 3-7-96; published 1-25- Prisons Bureau agricultural commodities: published 2-1-96 96 Inmate control, custody, care, 2,4-D(2,4- FEDERAL TRADE etc.: Dornier; comments due by dichlorophenoxyacetic COMMISSION 3-7-96; published 1-25-96 acid); comments due by Trade regulation rules: Telephone regulations and 3-8-96; published 2-22-96 inmate financial Empresa Brasileira de Incandescent lamp (light Aeronautica, S.A. Xanthan Gum-modified; responsibility; comments bulb) industry; comments (EMBRAER); comments comments due by 3-8-96; due by 3-4-96; published due by 3-7-96; published 1-2-96 due by 3-7-96; published published 2-7-96 2-6-96 STATE DEPARTMENT 1-25-96 Water pollution control: HEALTH AND HUMAN Empresa Brasileiro de National pollutant discharge SERVICES DEPARTMENT Press building passes; comments due by 3-4-96; Aeronautico, S.A. elimination system-- Food and Drug Publicly owned treatment published 2-2-96 (EMBRAER); comments Administration due by 3-7-96; published works, etc.; permit Human drugs: Tort claims and certain application property damage claims, 1-25-96 Prescription drug product requirements; comments administrative settlement; labeling; public patient Fairchild; comments due by due by 3-5-96; CFR part removed; education workshop; 3-7-96; published 1-25-96 published 12-6-95 comments due by 3-8-96; comments due by 3-6-96; published 1-30-96 Fokker; comments due by Water quality standards-- published 1-30-96 3-4-96; published 2-12-96 Arizona surface waters; Medical devices: TRANSPORTATION comments due by 3-8- DEPARTMENT Jetstream; comments due Orthopedic devices-- by 3-7-96; published 1-25- 96; published 1-29-96 Coast Guard Pedicle screw spinal 96 FEDERAL systems; classification, Drawbridge operations: Robinson Helicopter Co.; COMMUNICATIONS etc.; comments due by North Carolina; comments comments due by 3-4-96; COMMISSION 3-4-96; published 12-29- due by 3-8-96; published published 2-2-96 Common carrier services: 95 1-23-96 Enhanced 911 services INTERIOR DEPARTMENT Federal regulatory review; SAAB; comments due by 3- compatibility of wireless Fish and Wildlife Service comments due by 3-4-96; 7-96; published 1-25-96 services; comments due published 1-2-96 by 3-4-96; published 2-23- Importation, exportation, and Short Brothers; comments Ports and waterways safety: 96 transportation of wildlife: due by 3-7-96; published Savannah River et al., GA; 1-25-96 Common carriers: Box turtles; export; safety/security zones; Local exchange carriers and comments due by 3-4-96; Class E airspace; comments published 2-2-96 comments due by 3-4-96; due by 3-5-96; published 1- commercial mobile radio published 1-3-96 service providers; equal INTERIOR DEPARTMENT 23-96 TRANSPORTATION access and Surface Mining Reclamation TREASURY DEPARTMENT interconnection and Enforcement Office DEPARTMENT obligations; comments due Permanent program and Federal Aviation Fiscal Service by 3-4-96; published 2-23- abandoned mine land Administration Marketable book-entry 96 reclamation plan submission: Airworthiness directives: Treasury bills, notes and Radio services, special: New Mexico; comments due de Havilland; comments due bonds; sale and issue; Commercial mobile radio by 3-4-96; published 2-1- by 3-7-96; published 1-25- comments due by 3-5-96; services-- 96 96 published 1-5-96 iv Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Reader Aids

TABLE OF EFFECTIVE DATES AND TIME PERIODSÐMARCH 1996

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

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

March 1 March 18 April 1 April 15 April 30 May 30

March 4 March 19 April 3 April 18 May 3 June 3

March 5 March 20 April 4 April 19 May 6 June 3

March 6 March 21 April 5 April 22 May 6 June 4

March 7 March 22 April 8 April 22 May 6 June 5

March 8 March 25 April 8 April 22 May 7 June 6

March 11 March 26 April 10 April 25 May 10 June 10

March 12 March 27 April 11 April 26 May 13 June 10

March 13 March 28 April 12 April 29 May 13 June 11

March 14 March 29 April 15 April 29 May 13 June 12

March 15 April 1 April 15 April 29 May 14 June 13

March 18 April 2 April 17 May 2 May 17 June 17

March 19 April 3 April 18 May 3 May 20 June 17

March 20 April 4 April 19 May 6 May 20 June 18

March 21 April 5 April 22 May 6 May 20 June 19

March 22 April 8 April 22 May 6 May 21 June 20

March 25 April 9 April 24 May 9 May 24 June 24

March 26 April 10 April 25 May 10 May 28 June 24

March 27 April 11 April 26 May 13 May 28 June 25

March 28 April 12 April 29 May 13 May 28 June 26

March 29 April 15 April 29 May 13 May 28 June 27