Pages 28317±28508 Vol. 60 5±31±95 No. 104 federal register May 31,1995 Wednesday this issue. Boston, MAseeannouncementontheinsidecoverof For informationonbriefingsinWashington,DCand Briefings onHowToUsetheFederalRegister 1 II Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995
SUBSCRIPTIONS AND COPIES
PUBLIC Subscriptions: Paper or fiche 202–512–1800 FEDERAL REGISTER Published daily, Monday through Friday, Assistance with public subscriptions 512–1806 (not published on Saturdays, Sundays, or on official holidays), by Online: the Office of the Federal Register, National Archives and Records Telnet swais.access.gpo.gov, login as newuser 2 III Contents Federal Register Vol. 60, No. 104 Wednesday, May 31, 1995 Agricultural Marketing Service Commodity Futures Trading Commission RULES NOTICES Potatoes (Irish) grown in— Contract market proposals: Colorado, 28318–28319 New York Mercantile Exchange— Washington, 28317–28318 Gulf Coast unleaded regular gasoline, 28391–28392 Consolidated Farm Service Agency Agricultural Research Service RULES NOTICES Program regulations: Patent licenses; non-exclusive, exclusive, or partially Debt settlement; IRS reporting requirement, 28321–28322 exclusive: Property management, chattel property, and real Opta Food Ingredients, Inc., et al., 28387 property; debt settlement conformity; voluntary liquidation liability releases approval, 28319–28321 Agriculture Department See Agricultural Marketing Service Corporation for National and Community Service See Agricultural Research Service RULES See Animal and Plant Health Inspection Service Solicitation and acceptance or rejection of donated property See Consolidated Farm Service Agency and services, 28355–28356 See Forest Service Defense Department See Rural Business and Cooperative Development Service See Engineers Corps See Rural Housing and Community Development Service See Navy Department See Rural Utilities Service RULES Federal Acquisition Regulation (FAR): Animal and Plant Health Inspection Service Double-sided copying on recycled paper, 28493–28494 RULES Environmentally preferable and energy-efficient products Interstate transportation of animals and animal products and services, 28494–28500 (quarantine): European Community (EC) Country and sanctioned Brucellosis in cattle and bison— member state of EC; additions to definitions— State and area classifications, 28322–28323 Austria, etc., 28501–28502 NOTICES Interdivisional transfers at price rather than cost, 28503– International sanitary and phytosanitary standard-setting 28504 activities, 28387–28389 Ozone depleting substances; items containing, using or manufactured with, 28500–28501 Rules summary presentation; request for comment, Antitrust Division 28492–28493 NOTICES Trade sanctions; Germany, 28502–28503 National cooperative research notifications: PROPOSED RULES Cable Television Laboratories, Inc., et al., 28430 Individuals with Disabilities Education Act (IDEA); Frame Relay Forum, 28430 implementation: Health Data Sciences Corp., 28430 DOD dependents in overseas areas; provision of early PowerOpen Association, Inc., 28430 intervention and special education services, 28362– 28376 Army Department See Engineers Corps Education Department NOTICES Agency information collection activities under OMB Centers for Disease Control and Prevention review, 28394–28395 NOTICES Grants and cooperative agreements; availability, etc.: Meetings: Federal Pell grant program— Immunization Practices Advisory Committee, 28413 Need analysis methodology, 28454–28459 Coast Guard Energy Department See Federal Energy Regulatory Commission RULES Ports and waterways safety: Engineers Corps National vessel traffic service (VTS) systems, 28326– NOTICES 28333 Base realignment and closure: PROPOSED RULES Surplus Federal property— Federal regulatory review, 28376–28377 Camp Evans Facility, Fort Monmouth, NJ, 28392 Environmental statements; notice of intent: Commerce Department Newark Bay, NJ; confined dredged material disposal See National Oceanic and Atmospheric Administration facility, 28393 IV Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Contents Environmental Protection Agency Federal Energy Regulatory Commission RULES NOTICES Air quality implementation plans; approval and Electric rate and corporate regulation filings: promulgation; various States: Century Power Corp. et al., 28396 District of Columbia, 28339 Kentucky Utilities Co. et al., 28396–28398 Puerto Rico, 28333–28338 Environmental statements; availability, etc.: Air quality implementation plans; approval and Transwestern Pipeline Co., 28398–28399 promulgation; various States; air quality planning Natural gas certificate filings: purposes; designation of areas: Colorado Interstate Gas Co. et al., 28399–28400 Minnesota, 28339–28344 Southern Natural Gas Co. et al., 28400–28402 Pesticides; tolerances in food, animal feeds, and raw Applications, hearings, determinations, etc.: agricultural commodities: Southern Natural Gas Co., 28395 Alachlor, 28344–28345 Williston Basin Interstate Pipeline Co., 28395–28396 Benzoic acid, 28345–28347 Cyfluthrin, 28353–28355 Federal Maritime Commission Difenoconazole, 28347–28348 NOTICES Sethoxydim, 28351–28353 Agreements filed, etc., 28410–28411 Tebuconazole, 28348–28351 Casualty and nonperformance certificates: PROPOSED RULES Carnival Corp., 28411 Air pollution; standards of performance for new stationary Freight forwarder licenses: sources: Ocean Customs Brokers et al., 28411 Polychlorinated dibenzo-p-dioxins, etc. (Appendix A, test method 23), 28378–28379 Federal Reserve System Air quality implementation plans; approval and promulgation; various States; air quality planning NOTICES purposes; designation of areas: Meetings; Sunshine Act, 28437 Minnesota, 28377–28378 Applications, hearings, determinations, etc.: NOTICES Barker, H. Glenn, et al., 28411 Air pollution control; new motor vehicles and engines: Berens Corp., 28411–28412 Urban buses (1993 and earlier model years); retrofit/ Societe Generale, 28412–28413 rebuild requirements; equipment certification application approvals— Fish and Wildlife Service Engelhard Corp., 28402–28404 NOTICES Lead-based paint interim controls and operation and Endangered and threatened species permit applications, maintenance; instruction manual for abatement workers 28428–28429 and maintenance personnel; availability, 28404–28405 Environmental statements; availability, etc.: Meetings: Incidental take permits— Science Advisory Board, 28405–28406 Baldwin County, AL; Alabama beach mouse, 28428 Pesticide, food, and feed additive petitions: Troy Biosciences, Inc., 28409 Food and Drug Administration Pesticide registration, cancellation, etc.: NOTICES Mycogen Corp., 28406–28407 Food for human consumption: Rhone-Poulenc AG Co. et al., 28407–28408 Food Chemicals Codex, 4th Edition— Pesticides; temporary tolerances: Changes and new monographs, 28413–28414 Triflusulfuron methyl, 28408–28409 Toxic and hazardous substances control: Forest Service Chemical testing— NOTICES Data receipt, 28409–28410 Meetings: National Directory of AHERA Accredited Courses; Olympic Provincial Interagency Executive Committee availability, 28410 Advisory Committee, 28389 Executive Office of the President See Presidential Documents General Services Administration RULES Federal Aviation Administration Federal Acquisition Regulation (FAR): RULES Double-sided copying on recycled paper, 28493–28494 Air traffic operating and flight rules: Environmentally preferable and energy-efficient products Flights between Republic of Yugoslavia (Serbia and and services, 28494–28500 Montenegro) and U.S.; prohibition, 28476–28478 European Community (EC) Country and sanctioned member state of EC; additions to definition— Federal Communications Commission Austria, etc., 28501–28502 RULES Interdivisional transfers at price rather than cost, 28503– Radio stations; table of assignments: 28504 Illinois; correction, 28356–28357 Ozone depleting substances; items containing, using or Montana; correction, 28357 manufactured with, 28500–28501 Television broadcasting: Rules summary presentation; request for comment, Cable television systems— 28492–28493 Major television markets; list, 28357–28359 Trade sanctions; Germany, 28502–28503 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Contents V Geological Survey Environmentally preferable and energy-efficient products NOTICES and services, 28494–28500 Grants and cooperative agreements; availability, etc.: European Community (EC) Country and sanctioned Indonesia; comprehensive geographic information system member state of EC; additions to definitions— development, 28429 Austria, etc., 28501–28502 Interdivisional transfers at price rather than cost, 28503– Health and Human Services Department 28504 See Centers for Disease Control and Prevention Ozone depleting substances; items containing, using or See Food and Drug Administration manufactured with, 28500–28501 See Health Care Financing Administration Rules summary presentation; request for comment, See National Institutes of Health 28492–28493 See Public Health Service Trade sanctions; Germany, 28502–28503 NOTICES Grants and cooperative agreements; availability, etc.: National Archives and Records Administration State administrative data linkage, 28419–28423 NOTICES Health Care Financing Administration Meetings: NOTICES Records of Congress Advisory Committee, 28430–28431 Organization, functions, and authority delegations: Office of Associate Administrator for External Affairs, National Institutes of Health 28414–28416 NOTICES Meetings: Housing and Urban Development Department National Cancer Institute, 28416–28417 RULES National Heart, Lung, and Blood Institute, 28417 Employment and business opportunity: National Institute of Mental Health, 28417–28418 Economic opportunities for low- and very low-income Research Grants Division special emphasis panels, persons, 28325–28326 28418–28419 NOTICES Agency information collection activities under OMB National Oceanic and Atmospheric Administration review, 28423–28426 RULES Regulatory waiver requests; quarterly listing, 28462–28473 Fishery conservation and management: Alaska scallop, 28359–28361 Indian Affairs Bureau PROPOSED RULES NOTICES Marine mammals: Indian tribes, acknowledgment of existence determinations, Incidental taking— etc.: Small takes by harassment, 28379–28386 Huron Potawatomi, Inc., 28426–28427 NOTICES Jena Band of Choctaw Indians, 28480–28481 Meetings: Florida Keys National Marine Sanctuary Advisory Interior Department Committee, 28389 See Fish and Wildlife Service Permits: See Geological Survey See Indian Affairs Bureau Foreign fishing, 28389–28390 See Land Management Bureau Marine mammals, 28390–28391 See National Park Service Marine mammals, and endangered and threatened species, 28390 International Trade Commission NOTICES National Park Service Meetings; Sunshine Act, 28437 NOTICES Meetings: Justice Department Native American Graves Protection and Repatriation See Antitrust Division Review Committee, 28429 RULES Grants: National Transportation Safety Board Juvenile Justice and Delinquency Prevention Office; NOTICES formula grants, 28440–28451 Meetings; Sunshine Act, 28437 NOTICES Grants and cooperative agreements; availability, etc.: Navy Department Americans with Disabilities Act; technical assistance NOTICES program, 28484–28489 Environmental statements; availability, etc.: Land Management Bureau Base realignment and closure— NOTICES Naval Training Center Orlando, FL, 28393–28394 Agency information collection activities under OMB review, 28427–28428 Nuclear Regulatory Commission RULES National Aeronautics and Space Administration Radiography licenses and radiation safety requirements for RULES radiographic operations: Federal Acquisition Regulation (FAR): Radiography equipment; performance requirements, Double-sided copying on recycled paper, 28493–28494 28323–28325 VI Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Contents NOTICES Transportation Department Environmental statements; availability, etc.: See Coast Guard Houston Lighting & Power Co. et al., 28431 See Federal Aviation Administration See Research and Special Programs Administration Presidential Documents EXECUTIVE ORDERS Treasury Department Committees; establishment, renewal, termination, etc.: NOTICES Gulf War Veterans’ Illnesses; Presidential Advisory Organization, functions, and authority delegations: Committee on (EO 12961), 28507–28508 Secret Service, Director; direction to close streets to make Public Health Service White House Perimeter secure, 28435–28436 See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health Separate Parts In This Issue NOTICES Meetings: Part II National Toxicology Program; Scientific Counselors Department of Justice, 28440–28451 Board, 28423 Part III Research and Special Programs Administration Department of Education, 28454–28459 NOTICES Pipeline safety: Part IV User fees, 28434–28435 Department of Housing and Urban Development, 28462– Rural Business and Cooperative Development Service 28473 RULES Program regulations: Part V Debt settlement; IRS reporting requirement, 28321–28322 Department of Transportation, Federal Aviation Property management, chattel property, and real Administration, 28476–28478 property; debt settlement conformity; voluntary liquidation liability releases approval, 28319–28321 Part VI Department of the Interior, Bureau of Indian Affairs, 28480– Rural Housing and Community Development Service 28481 RULES Program regulations: Part VII Debt settlement; IRS reporting requirement, 28321–28322 Department of Justice, 28484–28489 Property management, chattel property, and real property; debt settlement conformity; voluntary Part VIII liquidation liability releases approval, 28319–28321 Department of Defense, General Services Administration, and National Aeronautics and Space Administration, Rural Utilities Service 28492–28504 RULES Program regulations: Part IX Debt settlement; IRS reporting requirement, 28321–28322 The President, 28507–28508 Property management, chattel property, and real property; debt settlement conformity; voluntary liquidation liability releases approval, 28319–28321 Reader Aids Securities and Exchange Commission Additional information, including a list of public laws, NOTICES telephone numbers, and finding aids, appears in the Reader Meetings: Aids section at the end of this issue. Capital Formation and Regulatory Processes Advisory Committee, 28432 Self-regulatory organizations; proposed rule changes: Electronic Bulletin Board Chicago Board Options Exchange, Inc., 28432–28433 Free Electronic Bulletin Board service for Public Law Pacific Stock Exchange, Inc., 28433–28434 numbers, Federal Register finding aids, and a list of Applications, hearings, determinations, etc.: documents on public inspection is available on 202–275– Pure Tech International, Inc., 28431–28432 1538 or 275–0920. Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Contents VII CFR PARTS AFFECTED IN THIS ISSUE A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue. 3 CFR 50 CFR Executive Orders: 673...... 28359 12961 of May 26, Proposed Rules: 1995 ...... 28507 228...... 28379 7 CFR 946...... 28317 948...... 28318 1955...... 28319 1956...... 28321 1962...... 28319 1965...... 28319 9 CFR 78...... 28322 10 CFR 34...... 28323 14 CFR 91...... 28476 24 CFR 135...... 28325 28 CFR 31...... 28440 32 CFR Proposed Rules: 57...... 28362 33 CFR 26...... 28326 161...... 28326 162...... 28326 165...... 28326 Proposed Rules: Ch. I ...... 28376 40 CFR 52 (3 documents) ...... 28333, 28339 81...... 28339 180 (6 documents) ...... 28344, 28345, 28347, 28348, 28351, 28353 185...... 28353 186 (2 documents) ...... 28351, 28353 Proposed Rules: 52...... 28377 60...... 28378 81...... 28377 45 CFR 2544...... 28355 46 CFR Proposed Rules: Ch. I ...... 28376 47 CFR 73 (2 documents) ...... 28356, 28357 76...... 28357 48 CFR Ch. 1 ...... 28492 4...... 28493 7...... 28494 10...... 28494 11...... 28494 15...... 28494 23 (2 documents) ...... 28494, 28500 25 (2 documents) ...... 28501, 28502 31...... 28503 36...... 28494 42...... 28494 52 (5 documents) ...... 28493, 28494, 28500, 28501, 28502 28317 Rules and Regulations Federal Register Vol. 60, No. 104 Wednesday, May 31, 1995 This section of the FEDERAL REGISTER of 1937, as amended (7 U.S.C. 601–674), this marketing order, and approximately contains regulatory documents having general hereinafter referred to as the Act. 50 handlers. Small agricultural applicability and legal effect, most of which The Department is issuing this rule in producers have been defined by the are keyed to and codified in the Code of conformance with Executive Order Small Business Administration (13 CFR Federal Regulations, which is published under 12866. 50 titles pursuant to 44 U.S.C. 1510. 121.601) as those having annual receipts This rule has been reviewed under of less than $500,000, and small The Code of Federal Regulations is sold by Executive Order 12778, Civil Justice agricultural service firms are defined as the Superintendent of Documents. Prices of Reform. Under the provisions of the those whose annual receipts are less new books are listed in the first FEDERAL marketing order now in effect, than $5,000,000. The majority of REGISTER issue of each week. Washington potatoes are subject to Washington potato producers and assessments. It is intended that the handlers may be classified as small assessment rate as issued herein will be entities. DEPARTMENT OF AGRICULTURE applicable to all assessable potatoes handled during the 1995–96 fiscal The budget of expenses for the 1995– Agricultural Marketing Service period, which begins July 1, 1995, and 96 fiscal period was prepared by the ends June 30, 1996. This final rule will State of Washington Potato Committee, 7 CFR Part 946 not preempt any State or local laws, the agency responsible for local administration of the marketing order, [Docket No. FV95±946±1FIR] regulations, or policies, unless they present an irreconcilable conflict with and submitted to the Department for approval. The members of the Irish Potatoes Grown in Washington; this rule. Committee are producers and handlers Expenses and Assessment Rate The Act provides that administrative proceedings must be exhausted before of Washington potatoes. They are AGENCY: Agricultural Marketing Service, parties may file suit in court. Under familiar with the Committee’s needs and USDA. section 608c(15)(A) of the Act, any with the costs of goods and services in ACTION: Final rule. handler subject to an order may file their local area and are thus in a with the Secretary a petition stating that position to formulate an appropriate SUMMARY: The Department of the order, any provision of the order, or budget. The budget was formulated and Agriculture (Department) is adopting as any obligation imposed in connection discussed in a public meeting. Thus, all a final rule, without change, the with the order is not in accordance with directly affected persons have had an provisions of an interim final rule that law and request a modification of the opportunity to participate and provide authorized expenses and established an order or to be exempted therefrom. Such input. assessment rate that generated funds to handler is afforded the opportunity for The assessment rate recommended by pay those expenses. Authorization of a hearing on the petition. After the the Committee was derived by dividing this budget enables the State of hearing the Secretary would rule on the anticipated expenses by expected Washington Potato Committee petition. The Act provides that the shipments of Washington potatoes. (Committee) to incur expenses that are district court of the United States in any Because that rate will be applied to reasonable and necessary to administer district in which the handler is an actual shipments, it must be established the program. Funds to administer this inhabitant, or has his or her principal at a rate that will provide sufficient program are derived from assessments place of business, has jurisdiction in income to pay the Committee’s on handlers. equity to review the Secretary’s ruling expenses. on the petition, provided a bill in equity EFFECTIVE DATE: July 1, 1995, through The Committee met February 22, June 30, 1996. is filed not later than 20 days after the date of the entry of the ruling. 1995, and unanimously recommended a FOR FURTHER INFORMATION CONTACT: Pursuant to the requirements set forth 1995–96 budget of $42,300, $4,200 more Martha Sue Clark, Marketing Order in the Regulatory Flexibility Act (RFA), than the previous year. Budget items for Administration Branch, Fruit and the Administrator of the Agricultural 1995–96 which have increased Vegetable Division, AMS, USDA, P.O. Marketing Service (AMS) has compared to those budgeted for 1994–95 Box 96456, room 2523–S, Washington, considered the economic impact of this (in parentheses) are: Miscellaneous, DC 20090–6456, telephone 202–720– rule on small entities. $2,000 ($1,500), audit, $1,500 ($1,000), 9918, or Dennis L. West, Northwest The purpose of the RFA is to fit and compliance audits, $6,000 ($5,200). Marketing Field Office, Fruit and regulatory actions to the scale of The Committee also recommended $400 Vegetable Division, AMS, USDA, Green- business subject to such actions in order for social security tax expenses for Wyatt Federal Building, room 369, 1220 that small businesses will not be unduly which no funding was recommended Southwest Third Avenue, Portland, OR or disproportionately burdened. separately last year and $17,400 for an 97204, telephone 503–326–2724. Marketing orders issued pursuant to the agreement with the Washington State SUPPLEMENTARY INFORMATION: This rule Act, and the rules issued hereunder, are Potato Commission to provide certain is issued under Marketing Agreement unique in that they are brought about services to the Committee as specified No. 113 and Order No. 946, both as through group action of essentially in the agreement. Included in the amended (7 CFR part 946), regulating small entities acting on their own $17,400 for this year are salaries and the handling of Irish potatoes grown in behalf. Thus, both statutes have small salary expenses which were budgeted Washington. The marketing agreement entity orientation and compatibility. separately last year at $11,200 and and order are effective under the There are approximately 450 $1,800 and other expenses which were Agricultural Marketing Agreement Act producers of Washington potatoes under $2,400 for last year. In this year’s 28318 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations budget, these items are included under 7 CFR Part 948 This interim final rule has been the Commission agreement. reviewed under Executive Order 12778, [Docket No. FV95±948±1IFR] The Committee also unanimously Civil Justice Reform. Under the recommended an assessment rate of Irish Potatoes Grown in Colorado; marketing order now in effect, Colorado $0.003 per hundredweight, $0.002 less Expenses and Assessment Rate potatoes are subject to assessments. than last season. This rate, when Funds to administer the Colorado potato AGENCY: applied to anticipated shipments of 9 Agricultural Marketing Service, marketing order are derived from such million hundredweight, will yield USDA. assessments. It is intended that the $27,000 in assessment income. This, ACTION: Interim final rule with request assessment rate as issued herein will be along with $15,300 from the for comments. applicable to all assessable potatoes during the 1995–96 fiscal period, which Committee’s authorized reserve will be SUMMARY: This interim final rule adequate to cover budgeted expenses. begins July 1, 1995, and ends June 30, authorizes expenditures and establishes 1996. This interim final rule will not Funds in the reserve as of March 31, an assessment rate under Marketing 1995, were $75,025, which is within the preempt any State or local laws, Order No. 948 for the 1995–96 fiscal regulations, or policies, unless they maximum permitted by the order of two period. Authorization of this budget fiscal periods’ expenses. present an irreconcilable conflict with enables the Colorado Potato this rule. An interim final rule was published Administrative Committee, Northern The Act provides that administrative in the Federal Register on April 6, 1995 Colorado Office (Area III) (Committee) proceedings must be exhausted before (60 FR 17433). That interim final rule to incur expenses that are reasonable parties may file suit in court. Under added § 946.247 to authorize expenses and necessary to administer the section 8c(15)(A) of the Act, any handler and establish an assessment rate for the program. Funds to administer this subject to an order may file with the Committee. That rule provided that program are derived from assessments Secretary a petition stating that the interested persons could file comments on handlers. order, any provision of the order, or any through May 8, 1995. No comments DATES: Effective July 1, 1995, through obligation imposed in connection with were received. June 30, 1996. Comments received by the order is not in accordance with law While this rule will impose some June 30, 1995, will be considered prior and request a modification of the order additional costs on handlers, the costs to issuance of a final rule. or to be exempted therefrom. Such are in the form of uniform assessments ADDRESSES: Interested persons are handler is afforded the opportunity for on all handlers. Some of the additional invited to submit written comments a hearing on the petition. After the costs may be passed on to producers. concerning this interim final rule. hearing the Secretary would rule on the However, these costs will be offset by Comments must be sent in triplicate to petition. The Act provides that the the benefits derived by the operation of the Docket Clerk, Fruit and Vegetable district court of the United States in any the marketing order. Therefore, the Division, AMS, USDA, P.O. Box 96456, district in which the handler is an Administrator of the AMS has room 2523–S, Washington, DC 20090– inhabitant, or has his or her principal determined that this rule will not have 6456, FAX 202–720–5698. Comments place of business, has jurisdiction in a significant economic impact on a should reference the docket number and equity to review the Secretary’s ruling substantial number of small entities. the date and page number of this issue on the petition, provided a bill in equity is filed not later than 20 days after the After consideration of all relevant of the Federal Register and will be available for public inspection in the date of the entry of the ruling. material presented, including the Pursuant to requirements set forth in Office of the Docket Clerk during regular information and recommendation the Regulatory Flexibility Act (RFA), the business hours. submitted by the Committee and other Administrator of the Agricultural available information, it is hereby found FOR FURTHER INFORMATION CONTACT: Marketing Service (AMS) has that this rule, as hereinafter set forth, Martha Sue Clark, Marketing Order considered the economic impact of this will tend to effectuate the declared Administration Branch, Fruit and rule on small entities. policy of the Act. Vegetable Division, AMS, USDA, P.O. The purpose of the RFA is to fit Box 96456, room 2523–S, Washington, List of Subjects in 7 CFR Part 946 regulatory actions to the scale of DC 20090–6456, telephone 202–720– business subject to such actions in order Marketing agreements, Potatoes, 9918, or Dennis L. West, Northwest that small businesses will not be unduly Reporting and recordkeeping Marketing Field Office, Fruit and or disproportionately burdened. requirements. Vegetable Division, AMS, USDA, Green- Marketing orders issued pursuant to the Wyatt Federal Building, room 369, 1220 Act, and the rules issued thereunder, are For the reasons set forth in the Southwest Third Avenue, Portland, OR unique in that they are brought about preamble, 7 CFR part 946 is amended as 97204, telephone 503–326–2724. through group action of essentially follows: SUPPLEMENTARY INFORMATION: This rule small entities acting on their own PART 946ÐIRISH POTATOES GROWN is issued under Marketing Agreement behalf. Thus, both statutes have small IN WASHINGTON No. 97 and Marketing Order No. 948, entity orientation and compatibility. both as amended (7 CFR part 948), There are approximately 85 producers Accordingly, the interim final rule regulating the handling of Irish potatoes of Colorado Area III potatoes under the adding § 946.247 which was published grown in Colorado. The marketing marketing order and approximately 15 at 60 FR 17433, is adopted as a final rule agreement and order are effective under handlers. Small agricultural producers without change. the Agricultural Marketing Agreement have been defined by the Small Act of 1937, as amended (7 U.S.C. 601– Business Administration (13 CFR Dated: May 24, 1995. 674), hereinafter referred to as the Act. 121.601) as those having annual receipts Sharon Bomer Lauritsen, The Department of Agriculture of less than $500,000, and small Deputy Director, Fruit and Vegetable Division. (Department) is issuing this rule in agricultural service firms are defined as [FR Doc. 95–13238 Filed 5–30–95; 8:45 am] conformance with Executive Order those whose annual receipts are less BILLING CODE 3410±02±P 12866. than $5,000,000. The majority of Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations 28319 Colorado Area III potato producers and Funds in the reserve at the end of the § 948.213 Expenses and assessment rate. handlers may be classified as small 1995-96 fiscal period, estimated at Expenses of $27,362.50 by the entities. $35,195, will be within the maximum Colorado Potato Administrative The budget of expenses for the 1995- permitted by the order of two fiscal Committee, Northern Colorado Office 96 fiscal period was prepared by the periods’ expenses. (Area III) are authorized, and an Colorado Potato Administrative While this action will impose some assessment rate of $0.02 per Committee, Northern Colorado Office additional costs on handlers, the costs hundredweight of assessable potatoes is (Area III), the agency responsible for are in the form of uniform assessments established for the fiscal period ending local administration of the marketing on all handlers. Some of the additional June 30, 1996. Unexpended funds may order, and submitted to the Department costs may be passed on to producers. be carried over as a reserve. for approval. The members of the However, these costs will be offset by Dated: May 24, 1995. Committee are producers and handlers the benefits derived by the operation of Sharon Bomer Lauritsen, of Colorado Area III potatoes. They are the marketing order. Therefore, the familiar with the Committee’s needs and Deputy Director, Fruit and Vegetable Division. Administrator of the AMS has [FR Doc. 95–13237 Filed 5–30–95; 8:45 am] with the costs for goods and services in determined that this action will not BILLING CODE 3410±02±P their local area and are thus in a have a significant economic impact on position to formulate an appropriate a substantial number of small entities. budget. The budget was formulated and After consideration of all relevant discussed in a public meeting. Thus, all Rural Housing and Community material presented, including the directly affected persons have had an Development Service information and recommendation opportunity to participate and provide submitted by the Committee and other Rural Business and Cooperative input. Development Service The assessment rate recommended by available information, it is hereby found the Committee was derived by dividing that this rule, as hereinafter set forth, Rural Utilities Service anticipated expenses by expected will tend to effectuate the declared Consolidated Farm Service Agency shipments of Colorado Area III potatoes. policy of the Act. Pursuant to 5 U.S.C. 553, it is also Because that rate will be applied to 7 CFR Parts 1955, 1962, and 1965 actual shipments, it must be established found and determined upon good cause at a rate that will provide sufficient that it is impracticable, unnecessary, Administrative Changes to Provide income to pay the Committee’s and contrary to the public interest to Authority to Approve Releases of expenses. give preliminary notice prior to putting Liability in Connection with Voluntary In Colorado, both a State and a this rule into effect because: (1) The Liquidations Federal marketing order operate Committee needs to have sufficient simultaneously. The State order funds to pay its expenses which are AGENCIES: Rural Housing and authorizes promotion, including paid incurred on a continuous basis; (2) the Community Development Service, Rural advertising, which the Federal order fiscal period begins on July 1, 1995, and Business and Cooperative Development does not. All expenses in this category the marketing order requires that the Service, Rural Utilities Service, and are financed under the State order. The rate of assessment for the fiscal period Consolidated Farm Service Agency, jointly operated programs consume apply to all assessable potatoes handled USDA. about equal administrative time and the during the fiscal period; (3) handlers are ACTION: Final rule. two orders continue to split aware of this action which was SUMMARY: administrative costs equally. unanimously recommended by the The Consolidated Farm The Committee met on April 13, 1995, Committee at a public meeting and is Service Agency (CFSA) is the successor and unanimously recommended a 1995- similar to other budget actions issued in to the Farmers Home Administration 96 budget of $27,362.50, $3,037.50 more past years; and (4) this interim final rule pursuant to Section 226 of the than the previous year. Budget items for provides a 30-day comment period, and Department of Agriculture the 1995-96 Federal portion of the all comments timely received will be Reorganization Act of 1994 (Pub. L. administrative budget which have considered prior to finalization of this 103–354, October 13, 1994). The CFSA increased compared to those budgeted rule. amends its Property Management, for 1994-95 (in parentheses) are: Audit, Chattel Property, and Real Property $450 ($400), medical insurance, $685 List of Subjects in 7 CFR Part 948 regulations to conform with changes ($620), office equipment, $4,500 Marketing agreements, Potatoes, made to its debt settlement regulations ($2,000), payroll tax, $902.50 ($880), Reporting and recordkeeping in April 1993. These conforming Federal meetings, $500 ($400), and $300 requirements. changes are made to give State Directors for other salary for which no funding release of liability authority for For the reasons set forth in the borrowers whose total indebtness is less was recommended last year. preamble, 7 CFR part 948 is amended as The Committee also unanimously than one million dollars. The intended follows: recommended an assessment rate of effect is to expedite the processing of requests from borrowers who are unable $0.02 per hundredweight, the same as PART 948ÐIRISH POTATOES GROWN to repay all of their CFSA debts. last season. This rate, when applied to IN COLORADO anticipated potato shipments of EFFECTIVE DATE: May 31, 1995. 1,200,500 hundredweight, will yield 1. The authority citation for 7 CFR FOR FURTHER INFORMATION CONTACT: $24,010 in assessment income. This, part 948 continues to read as follows: Edward R. Yaxley, Jr., Senior Loan along with $1,500 in interest income, Authority: 7 U.S.C. 601–674. Officer, Farm Credit Programs Loan $1,200 in rent from the sublease of Servicing and Property Management office space to the State inspection 2. A new § 948.213 is added to read Division, Consolidated Farm Service service, and $652.50 from the as follows: Agency, USDA, room 5449, South Committee’s authorized reserve will be Note: This section will not appear in the Agriculture Building, 14th and adequate to cover budgeted expenses. Code of Federal Regulations. Independence Avenue SW., 28320 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations Washington, DC 20250, telephone (202) when the unsatisfied CFSA indebtness 7 CFR Part 1965 720–4572. is less than $1,000,000. Foreclosure, Loan programs— (2) Section 1955.20(b)(2) to give State SUPPLEMENTARY INFORMATION: Agriculture, Rural areas. Directors authority to accept and Classification process offers to convey chattel property Therefore, chapter XVIII, title 7, Code This action is not subject to the when the unsatisfied CFSA indebtness of Federal Regulations is amended as provisions of Executive Order 12866 is less than $1,000,000. follows: because it involves only internal agency CFSA amends subpart A of part 1962: PART 1955ÐPROPERTY management and it has no impact on (1) Section 1962.34(h) to give State MANAGEMENT CFSA borrowers or other members of Directors authority to approve the the public. This action is not published transfer and assumption of CFSA for notice and comment under the 1. The authority citation for part 1955 accounts to eligible and ineligible continues to read as follows: Administrative Procedure Act since the transferees and release the transferors of changes only involve internal liability when the CFSA debt secured by Authority: 7 U.S.C. 1989; 42 U.S.C. 1480; processing of documents by CFSA chattels minus their market value is less 5 U.S.C. 301; 7 CFR 2.23 and 2.70. employees which will expedite the than $1,000,000. Subpart AÐLiquidation of Loans administrative review process for CFSA amends subpart A of part 1965: Secured by Real Estate and releases of liability, permitting more (1) Section 1965.26(f)(5)(ii) to give Acquisition of Real and Chattel timely debt relief to CFSA borrowers, State Directors authority to approve Property and consequently reducing the Agency’s release of liability for borrowers whose portfolio of inactive uncollectible outstanding CFSA debt after a cash sale 2. Section 1955.10 is amended by accounts. It is published so that CFSA of real property is less than $1,000,000. revising the third and the last sentences borrowers will be aware of the authority of paragraph (f)(2)(ii) to read as follows: of State Directors to execute releases (2) Section 1965.27(f) to give State from liability for certain debts. Directors authority to approve the § 1955.10 Voluntary conveyance of real transfer and assumption of CFSA property by the borrower to the Paperwork Reduction Act accounts to eligible and ineligible Government. The information collection transferees and release the transferors of * * * * * liability when the CFSA debt secured by requirements contained in these (f) * * * regulations have been approved by the real property minus its market value is Office of Management and Budget less than $1,000,000. (2) * * * (OMB) under the provisions of 44 U.S.C. Programs Affected (ii) * * * When the Agency debt less Chapter 35 and have been assigned the market value and prior liens is $1 OMB control numbers 057–0109 and The programs are listed in the Catalog million or more (including principal, 057–0086. This final rule does not of Federal Domestic Assistance (CFDA) interest and other charges), release of revise or impose any new information under: liability must be approved by the collection requirement from those 10.404 Emergency Loans Administrator or designee; otherwise, previously approved by OMB. 10.406 Farm Operating Loans the State Director must approve the 10.407 Farm Ownership Loans release of liability. All cases requiring a Background 10.410 Low Income Housing Loans release of liability will be submitted for The CFSA amends its Property 10.411 Rural Housing Site Loans review in accordance with exhibit A of Management, Chattel Property, and Real 10.415 Rural Rental Housing Loans subpart B of part 1956 of this chapter Property regulations to conform with 10.416 Soil and Water Loans 10.417 Very Low-Income Housing Repair (available in any CFSA office). changes made to its debt settlement Loans and Grants * * * * * regulations on April 21, 1993 (58 FR 21344). These conforming changes are Environmental Impact Statement 3. Section 1955.20 is amended by made to give State Directors release of revising the third sentence of paragraph This document has been reviewed in (b)(2) to read as follows: liability authority for borrowers whose accordance with 7 CFR part 1940, total indebtness (including principal, subpart G, ‘‘Environmental Program.’’ § 1955.20 Acquisition of chattel property. interest and other charges) is less than CFSA has determined that this action * * * * * one million dollars. This action only does not constitute a major Federal (b) * * * involves internal processing of action significantly affecting the quality (2) * * * When the Agency debt less documents by CFSA employees which of the human environment, and in the market value and prior liens is $1 will expedite the administrative review accordance with the National million or more (including principal, process for releases of liability, Environmental Policy Act of 1969, Pub. interest and other charges), release of permitting more timely debt relief to L. 91–190, an Environmental Impact liability must be approved by the CFSA borrowers, and consequently Statement is not required. reducing the Agency’s portfolio of Administrator or designee; otherwise, inactive uncollectible accounts. It is List of Subjects the State Director must approve the release of liability. * ** helpful to CFSA borrowers to know the 7 CFR Part 1955 authority levels for releases of liability * * * * * by State Directors. The procedure for the Foreclosure, Government acquired release in all cases is set forth in 7 CFR property. PART 1962ÐPERSONAL PROPERTY part 1956, subpart B. 7 CFR Part 1962 CFSA amends subpart A of part 1955: 4. The authority citation for part 1962 (1) Section 1955.10(f)(2) to give State Crops, Government property, continues to read as follows: Directors authority to accept and Livestock, Loan programs—Agriculture, Authority: 7 U.S.C. 1989; 42 U.S.C. 1480; process offers to convey real property Rural areas. 5 U.S.C. 301; 7 CFR 2.23; 7 CFR 2.70. Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations 28321 Subpart AÐServicing and Liquidation Dated: May 3, 1995. comment are not required. For the same of Chattel Security Eugene Moos, reason, this rule is exempt from the provisions of Executive Order No. 5. Section 1962.34 is amended by Under Secretary, Farm and Foreign 12778, 56 FR 55195 (1991), and the revising the second sentence of Agricultural Services. Regulatory Flexibility Act, Pub. L. No. paragraph (h) to read as follows: Dated: May 3, 1995. 96–354. This rule is being made effective immediately upon publication § 1962.34 Transfer of chattel security and Michael V. Dunn, in the Federal Register since it concerns EO property and assumption of debts. Acting Under Secretary, Rural Economic and internal management and public loans, grants, benefits, or contracts. These * * * * * Community Development. subjects are exempted from 5 U.S.C. 553 (h) * * * When the Agency debt less [FR Doc. 95–13243 Filed 5–30–95; 8:45 am] requirements. The Agencies are the market value and prior liens is $1 BILLING CODE 3410±07±V amending their debt settlement million or more (including principal, regulations to remove internal interest and other charges), release of procedures for reporting discharges of liability must be approved by the indebtedness to the Internal Revenue Administrator or designee; otherwise, 7 CFR Part 1956 Service (IRS). These procedures will be the State Director must approve the covered by internal instructions release of liability. * ** Reporting Discharged Debts to the consistent with IRS policy. Internal Revenue Service PART 1965ÐREAL PROPERTY Paperwork Reduction Act AGENCIES: Rural Housing and The information collection 6. The authority citation for part 1965 Community Development Service, Rural requirements contained in these continues to read as follows: Business and Cooperative Development regulations have been previously Service, Rural Utilities Service, and approved by the Office of Management Authority: 7 U.S.C. 1989; 42 U.S.C. 1480; Consolidated Farm Service Agency, and Budget (OMB) under the provisions 5 U.S.C. 301; 7 CFR 2.23; 7 CFR 2.70. USDA. of 44 U.S.C. Chapter 35 and have been ACTION: Final rule. assigned OMB control numbers 0575– Subpart AÐServicing of Real Estate 0118 and 0575–0124 in accordance with Security for Farmer Program Loans the Paperwork Reduction Act of 1980 and Certain Note-Only Cases SUMMARY: The Rural Housing and (44 U.S.C. 3507). This rule does not Community Development Service revise or impose any new information 7. Section 1965.26 is amended by (RHCDS), Rural Business and collection requirement from those revising the first sentence of paragraph Cooperative Development Service approved by OMB. (f)(5)(ii) to read as follows: (RBCDS), Rural Utilities Service (RUS), and Consolidated Farm Service Agency Environmental Impact Statement § 1965.26 Liquidation action. (CFSA), amends their debt settlement This document has been reviewed in regulations. The intended effect is to accordance with 7 CFR part 1940, * * * * * remove debt settlement regulations subpart G, ‘‘Environmental Program.’’ It (f) * * * concerning the Internal Revenue Service is the determination of RHCDS, RBCDS, (IRS) requirement that certain agency (5) * * * RUS, and CFSA that this action does not discharges of indebtedness be reported constitute a major Federal action (ii) When the Agency debt less the to the IRS. This action is necessary to significantly affecting the quality of the market value and prior liens is $1 remove strictly internal procedural human environment, and in accordance million or more (including principal, requirements from the debt settlement with the National Environmental Policy interest and other charges), release of regulation. Act of 1969, Pub. L. 91–190, an liability must be approved by the EFFECTIVE DATE: May 31, 1995. Environmental Impact Statement is not Administrator or designee; otherwise, required. the State Director must approve the FOR FURTHER INFORMATION CONTACT: release of liability. * ** Debra A. Deters, Accountant, Operations Intergovernmental Consultation Division, Rural Housing and * * * * * 1. This activity is not subject to Community Development Service, Executive Order (EO) 12372 which 8. Section 1965.27 is amended by USDA, Finance Office, Room 3529, 1520 requires intergovernmental consultation revising the second sentence of Market Street, St. Louis, Missouri with State and local officials and is not paragraph (f) to read as follows: 63103, Telephone (314) 539–2492. listed in the Catalog of Federal Domestic Assistance, however, affected programs § 1965.27 Transfer of real estate security. SUPPLEMENTARY INFORMATION: 10.411, 10.416, and 10.437 are subject to * * * * * Classification the provisions of EO 12372. (f) * * * When the Agency debt less Program Affected the market value and prior liens is $1 This final rule has been determined to million or more (including principal, be not-significant for purposes of These changes affect the following interest and other charges), release of Executive Order 12866 because it has no USDA programs listed in the Catalog of liability must be approved by the adverse impact on borrowers or other Federal Domestic Assistance under Administrator or designee; otherwise, members of the public and involves numbers: the State Director must approve the only internal Agency management. 10.404 Emergency Loans release of liability. * ** Since this rule relates only to internal 10.406 Farm Operating Loans agency procedures, notice of proposed 10.407 Farm Ownership Loans * * * * * rulemaking and opportunity for 10.411 Rural Housing Site 28322 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations 10.416 Soil and Water Loans the interstate movement of cattle from reactors found in the course of Market 10.417 Very Low-Income Housing Nebraska. Cattle Identification (MCI) testing; (3) Repair Loans and Grants DATES: Interim rule effective May 31, maintaining a surveillance system that 10.421 Indian Tribes and Tribal 1995. Consideration will be given only includes testing of dairy herds, Corporation Loans to comments received on or before July participation of all recognized 10.435 Agricultural Loan Mediation 31, 1995. slaughtering establishments in the MCI Program ADDRESSES: Please send an original and program, identification and monitoring 10.437 Interest Assistance Program three copies of your comments to of herds at high risk of infection List of Subjects in 7 CFR Part 1956 Docket No. 95–033–1, Regulatory (including herds adjacent to infected Analysis and Development, PPD, herds and herds from which infected Accounting, Loan programs— APHIS, Suite 3C03, 4700 River Road animals have been sold or received), Agriculture, Rural areas. Therefore, Unit 118, Riverdale, MD 20737–1238. and having an individual herd plan in chapter XVIII, title 7, Code of Federal Please state that your comments refer to effect within a stated number of days Regulations is amended as follows: Docket No. 95–033–1. Comments after the herd owner is notified of the finding of brucellosis in a herd he or she PART 1956ÐDEBT SETTLEMENT received may be inspected at USDA, room 1141, South Building, 14th Street owns; and (4) maintaining minimum 1. The authority citation for part 1956 and Independence Avenue, SW., procedural standards for administering continues to read as follows: Washington, DC, between 8 a.m. and the program. Before the effective date of this Authority: 7 U.S.C. 1989; 42 U.S.C. 1480; 4:30 p.m., Monday through Friday, except holidays. Persons wishing to interim rule, Nebraska was classified as 5 U.S.C. 301; 31 U.S.C. 3711; 7 CFR 2.23; 7 a Class A State. CFR 2.70 inspect comments are requested to call To attain and maintain Class Free ahead on (202) 690–2817 to facilitate status, a State or area must (1) remain Subpart BÐDebt SettlementÐFarmer entry into the comment reading room. Programs and Housing free from field strain Brucella abortus FOR FURTHER INFORMATION CONTACT: Dr. infection for 12 consecutive months or § 1956.86 [Removed] Michael J. Gilsdorf, Senior Staff longer; (2) trace back at least 90 percent Veterinarian, Cattle Diseases and 2. Section 1956.86 is removed and of all brucellosis reactors found in the Surveillance Staff, VS, APHIS, Suite reserved. course of MCI testing to the farm of 3B08, 4700 River Road Unit 36, origin; (3) successfully close at least 95 Subpart CÐDebt SettlementÐ Riverdale, MD 20737–1231, (301) 734– percent of the MCI reactor cases traced Community and Business Programs 7708. to the farm of origin during the 12 consecutive month period immediately § 1956.146 [Removed] SUPPLEMENTARY INFORMATION: prior to the most recent anniversary of 3. Section 1956.146 is removed and Background the date the State or area was classified reserved. Brucellosis is a contagious disease Class Free; and (4) have a specified Dated: April 20, 1995. affecting animals and humans, caused surveillance system, as described above, Dallas R. Smith, by bacteria of the genus Brucella. including an approved individual herd Acting Under Secretary for Farm and Foreign The brucellosis regulations, contained plan in effect within 15 days of locating Agricultural Services. in 9 CFR part 78 (referred to below as the source herd or recipient herd. Dated: April 6, 1995. the regulations), provide a system for After reviewing the brucellosis Michael V. Dunn, classifying States or portions of States program records for Nebraska, we have according to the rate of Brucella Acting, Under Secretary for Rural Economic concluded that the State meets the and Community Development. infection present, and the general standards for Class Free status. effectiveness of a brucellosis control and [FR Doc. 95–13242 Filed 5–30–95; 8:45 am] Therefore, we are removing Nebraska eradication program. The classifications from the list of Class A States in BILLING CODE 3410±07±U are Class Free, Class A, Class B, and § 78.41(b) and adding it to the list of Class C. States or areas that do not meet Class Free States in § 78.41(a). This Animal and Plant Health Inspection the minimum standards for Class C are action relieves certain restrictions on Service required to be placed under Federal moving cattle interstate from Nebraska. quarantine. Immediate Action 9 CFR Part 78 The brucellosis Class Free classification is based on a finding of no The Administrator of the Animal and [Docket No. 95±033±1] known brucellosis in cattle for the 12 Plant Health Inspection Service has Brucellosis in Cattle; State and Area months preceding classification as Class determined that there is good cause for Classifications; Nebraska Free. The Class C classification is for publishing this interim rule without States or areas with the highest rate of prior opportunity for public comment. AGENCY: Animal and Plant Health brucellosis. Class B and Class A fall Immediate action is warranted to Inspection Service, USDA. between these two extremes. remove unnecessary restrictions on the ACTION: Interim rule and request for Restrictions on moving cattle interstate interstate movement of cattle from comments. become less stringent as a State Nebraska. approaches or achieves Class Free Because prior notice and other public SUMMARY: We are amending the status. procedures with respect to this action brucellosis regulations concerning the The standards for the different are impracticable and contrary to the interstate movement of cattle by classifications of States or areas entail public interest under these conditions, changing the classification of Nebraska (1) maintaining a cattle herd infection we find good cause under 5 U.S.C. 553 from Class A to Class Free. We have rate not to exceed a stated level during to make it effective upon publication in determined that Nebraska meets the 12 consecutive months; (2) tracing back the Federal Register. We will consider standards for Class Free status. This to the farm of origin and successfully comments that are received within 60 action relieves certain restrictions on closing a stated percent of all brucellosis days of publication of this rule in the Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations 28323 Federal Register. After the comment Executive Order 12778 testing criteria. The specified torque test period closes, we will publish another This rule has been reviewed under for the drive cable that is currently in document in the Federal Register. It Executive Order 12778, Civil Justice the regulations is not practical to meet, will include a discussion of any Reform. This rule: (1) Preempts all State given the design of radiographic comments we receive and any and local laws and regulations that are equipment. Further, the amendment amendments we are making to the rule in conflict with this rule; (2) has no allows for the use of engineering as a result of the comments. retroactive effect; and (3) does not analysis to demonstrate that a modest require administrative proceedings change in an already approved design is Executive Order 12866 and Regulatory acceptable without the need to perform Flexibility Act before parties may file suit in court challenging this rule. prototype tests. The amendment is This rule has been reviewed under necessary to relieve licensees from Executive Order 12866. For this action, Paperwork Reduction Act compliance with an impractical and the Office of Management and Budget This document contains no unnecessary test criterion. has waived its review process required information collection or recordkeeping EFFECTIVE DATE: June 30, 1995. by Executive Order 12866. requirements under the Paperwork FOR FURTHER INFORMATION CONTACT: Cattle moved interstate are moved for Reduction Act of 1980 (44 U.S.C. 3501 Thomas Rich or J. Bruce Carrico, Office slaughter, for use as breeding stock, or et seq.). of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory for feeding. Changing the brucellosis List of Subjects in 9 CFR Part 78 status of Nebraska from Class A to Class Commission, Washington, DC 20555, Free will promote economic growth by Animal diseases, Bison, Cattle, Hogs, telephone (301) 415–7893 or (301) 415– reducing certain testing and other Quarantine, Reporting and 7826. recordkeeping requirements, requirements governing the interstate SUPPLEMENTARY INFORMATION: movement of cattle from the State. Transportation. Testing requirements for cattle moved Accordingly, 9 CFR part 78 is Background interstate for immediate slaughter or to amended as follows: On January 10, 1990 (55 FR 843) the quarantined feedlots are not affected by U.S. Nuclear Regulatory Commission this change. Cattle from certified PART 78ÐBRUCELLOSIS published a revision to 10 CFR 34.20. brucellosis-free herds moving interstate 1. The authority citation for part 78 This regulation required that significant are not affected by this change. continues to read as follows: safety improvements be made to radiography equipment. Some of these The groups affected by this action will Authority: 21 U.S.C. 111–114a–1, 114g, be herd owners in Nebraska, as well as 115, 117, 120, 121, 123–126, 134b, and 134f; are stated explicitly in the regulation buyers and importers of cattle from the 7 CFR 2.17, 2.51, and 371.2(d). and some are required through an State. incorporation by reference of American § 78.41 [Amended] There are an estimated 24,000 cattle National Standards Institute N432–1980 herds in Nebraska that would be 2. In § 78.41, paragraph (a) is (ANSI–N432). All newly manufactured affected by this rule. Ninety-eight amended by adding ‘‘Nebraska,’’ radiographic exposure devices and percent of these are owned by small immediately after ‘‘Montana,’’. associated equipment acquired by NRC 3. In § 78.41, paragraph (b) is entities. Test-eligible cattle offered for licensees after January 10, 1992, must amended by removing ‘‘Nebraska,’’. sale interstate from other than certified- meet the requirements specified in 10 free herds must have a negative test Done in Washington, DC, this 25th day of CFR 34.20, including the provisions of under present Class A status May 1995. ANSI–N432. All equipment in use after regulations, but not under regulations Terry L. Medley, January 10, 1996, must meet these concerning Class Free status. If such Acting Administrator, Animal and Plant requirements. Vendors of source testing were distributed equally among Health Inspection Service. assemblies, associated equipment, and all herds affected by this rule, Class Free [FR Doc. 95–13365 Filed 5–30–95; 8:45 am] radiography exposure devices have registered their designs with the NRC or status would save approximately $4.60 BILLING CODE 3410±34±P per herd. an Agreement State. This process allows both the user and regulatory agency to Therefore, we believe that changing determine if the equipment meets the NUCLEAR REGULATORY the brucellosis status of Nebraska would applicable safety requirements. Two COMMISSION not have a significant economic impact vendors are located in Agreement States on the small entities affected by this 10 CFR Part 34 and three are under NRC jurisdiction. interim rule. It has come to the attention of the Under these circumstances, the RIN 3150±AF28 NRC staff that one of the test criteria Administrator of the Animal and Plant specified in section 8.9.2(c) of ANSI– Health Inspection Service has Performance Requirements for N432 is not practical and cannot be determined that this action will not Radiography Equipment implemented. This test criterion is also have a significant economic impact on AGENCY: Nuclear Regulatory not needed for demonstration of safety, a substantial number of small entities. Commission. given the current design and use of Executive Order 12372 ACTION: Final rule. radiography equipment. The test in question is a prototype endurance test of This program/activity is listed in the SUMMARY: The Nuclear Regulatory the entire radiography system and, in Catalog of Federal Domestic Assistance Commission (NRC) is amending the particular, is intended to ensure the under No. 10.025 and is subject to regulations pertaining to performance integrity of the source assembly for Executive Order 12372, which requires requirements for radiography 20,000 operating cycles. The tests have intergovernmental consultation with equipment. The amended provision been performed for the specified State and local officials. (See 7 CFR part permits a licensee to use an alternate number of cycles and at the proper 3015, subpart V.) value of torque for the performance rotational speed, but not at the value of 28324 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations torque specified in ANSI–N432. The The Amendment change preserves the status quo for the specific torque translates to particular component. approximately 1345 newtons (300 Section 34.20 is being amended, first, Compatibility of Agreement State pounds-force) tensile/compressive load by inserting a new sentence in Regulations on the teleflex cable. It is apparently not paragraph (a) that will permit an possible to actually test at the torque applicant or licensee to submit an Section 34.20 is currently designated values specified in the ANSI standard. engineering analysis to demonstrate the as a Division II Matter of Compatibility The torque requirement specified in applicability of previously performed for Agreement State regulations. The the ANSI test is not a reasonable testing on similar individual revisions addressed in this rule correct standard. First, it exceeds by a radiography equipment components. a flaw in the regulations. The rule does considerable amount the torque that a This addition codifies a long-standing not affect the current compatibility human can exert on the radiography staff practice in evaluating radiography designations and therefore, 10 CFR system while cranking the source in and equipment. For example, an engineering 34.20 continues to be designated as a out by hand. Second, it would require analysis can demonstrate that a modest Division II Matter of Compatibility. that the drive cable (Type 187 teleflex change in design is acceptable without cable used in radiography cameras for repeating a prototype test. Environmental Impact: Categorical Exclusion the past decade) be operated beyond the Second, because of the flaw in the working load recommended by the ANSI standard criteria, the Commission The NRC has determined that this supplier of that component. The is amending its regulation in 10 CFR final rule is the type of action described recommended working load for the 34.20 to eliminate the impractical in categorical exclusion 10 CFR standard cable for 10,000 cycles is less torque test. In its place, a radiography 51.22(c)(2). Therefore, neither an than 583 newtons (130 pounds-force). exposure device and associated systems environmental impact statement nor an For 20,000 cycles, which the ANSI will be considered to be in compliance environmental assessment has been endurance test specifies, the working with the performance requirements if prepared for this rule. load would be lower. the prototype equipment was tested Paperwork Reduction Act Statement The design of the drive cable system using a value of a torque representative in most radiography cameras has been of the torque that an individual using This final rule does not contain a new unchanged for more than a decade. The the radiography equipment can or amended information collection NRC staff is not aware of any cable realistically exert, provided the requirement subject to the Paperwork failures as a result of fatigue. Cable exposure device and associated Reduction Act of 1980 (44 U.S.C. 3501 failures of this type would be clearly equipment are in compliance with all et seq.). Existing requirements were visible to the radiographer and 10 CFR other criteria in the referenced ANSI approved by the Office of Management 34.30 requires reporting to NRC. Based standard. To accomplish this objective, and Budget approval number 3150– on the good operating experience with a new paragraph (f) is being added to 10 0007. the standard cable and the fact that an CFR 34.20, to specify that compliance Regulatory Analysis individual is highly unlikely to generate with the ANSI-N432–1980 torque value 1345 newtons of force continuously on The NRC has prepared this final rule for the endurance test is not required, to cure a defect in its regulations that the cable, the NRC staff believes that and that use of a realistic torque value testing equipment to the high torque places an unnecessary and unwarranted will satisfy the performance requirement of ANSI–N432 is not burden on certain of its licensees that requirement. Furthermore, all needed to ensure system safety. use sources and devices for radiography. The NRC staff requested the American radiography equipment currently shown There is no other procedure available to National Standards Institute Committee and sold by vendors meeting the current the NRC to efficiently and effectively N43, the organization responsible for part 34 requirements, will meet the rectify the matter. There is no cost to the development of the standard, to clarify revised § 34.20. These vendors have licensed and regulated community in the basis for the test criterion. The previously provided test results or the promulgation of this rule. This committee’s response indicates that the engineering analysis to either the discussion constitutes the regulatory requirement was adopted from an Agreement State or NRC to demonstrate analysis for this rule. International Standards Organization the products meet § 34.20. The revision standard, that it was not aware of the imposes a practical performance Backfit Analysis severity of the requirement, and that it requirement that is consistent with The NRC has determined that the was not aware of any manufacturer that industry practice while meeting NRC’s backfit rule, 10 CFR 50.109, does not has tested equipment to this objective to provide radiographers with apply to this final rule, and therefore, requirement. Based on further safe equipment. Therefore, the filing of that a backfit analysis is not required for discussion with the N43’s working additional information with the this final rule because these group subcommittee chairman, the NRC Commission to demonstrate compliance amendments do not involve any staff understands that the working group with the revised § 34.20 requirement is provisions that would impose backfits intends to revise the standard to not necessary. as defined in 10 CFR 50.109(a)(1). incorporate a more realistic torque The Commission finds that public List of Subjects in 10 CFR Part 34 requirement for the endurance test. comment on this rule is unnecessary However, considering the approval and because the purpose of the rule is to Criminal penalties, Incorporation by publication process, a revised standard remove from the regulations an reference, Packaging and containers, would not be issued for at least 18 impractical requirement and to stipulate Radiation protection, Radiography, months. At that time the NRC staff will in its stead a practical standard that will Reporting and recordkeeping evaluate the revised ANSI standard and permit continued use of a specific requirements, Scientific equipment, consider revising its regulations, if component, the drive cable, of Security measures. necessary and appropriate for industrial radiography equipment long For the reasons set out in the maintaining public safety, when in use without violating the preamble and under the authority of the radiography equipment is used. Commission’s regulation. The rule Atomic Energy Act of 1954, as amended, Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations 28325 the Energy Reorganization Act of 1974, representative of the torque that an effect, in accordance with its own as amended, and 5 U.S.C. 552 and 553, individual using the radiography regulations on rulemaking, 24 CFR part the Commission is adopting the equipment can realistically exert on the 10. However, part 10 provides for following amendments to 10 CFR Part lever or crankshaft of the drive exceptions from that general rule where 34. mechanism. the agency finds good cause to omit Dated at Rockville, MD, this 17th day of advance notice and public participation. PART 34ÐLICENSES FOR May, 1995. The good cause requirement is satisfied RADIOGRAPHY AND RADIATION For the Nuclear Regulatory Commission. when prior public procedure is SAFETY REQUIREMENTS FOR James M. Taylor, ‘‘impracticable, unnecessary, or contrary RADIOGRAPHIC OPERATIONS to the public interest’’ (24 CFR 10.1). Executive Director for Operations. HUD finds that good cause exists to 1. The authority citation for Part 34 [FR Doc. 95–13205 Filed 5–30–95; 8:45 am] continues to read as follows: publish this rule for effect without first BILLING CODE 7590±01±P soliciting public comment, because Authority: Secs. 81, 161, 182, 183, 68 Stat. prior public procedure is unnecessary. 935, 948, 953, 954, as amended (42 U.S.C. This final rule is technical, in that it 2111, 2201, 2232, 2233); sec. 201, 88 Stat. DEPARTMENT OF HOUSING AND merely extends the effective period for 1242, as amended (42 U.S.C. 5841). URBAN DEVELOPMENT Section 34.32 also issued under sec. 206, existing regulations, and it effects no substantive change to those regulations. 88 Stat. 1246 (42 U.S.C. 5846). Office of the Assistant Secretary for The public has had an opportunity to Fair Housing and Equal Opportunity 2. Section 34.20 is amended by comment on the substance of the revising paragraph (a) and adding a new 24 CFR Part 135 regulations, as the interim rule for this paragraph (f) to read as follows: program was published subject to the [Docket No. R±95±1677; FR±2898±F±03] § 34.20 Performance requirements for normal 60-day public comment period, radiography equipment. RIN 2529±AA49 and the interim rule was preceded by a * * * * * proposed rule which also provided a 60- (a) Each radiographic exposure device Economic Opportunities for Low- and day public comment period. Very Low-Income Persons; Notice of and all associated equipment must meet II. Background the requirements specified in American Extension of Effective Date for Interim Rule On June 30, 1994 (59 FR 33866), HUD National Standards Institute N432– published an interim rule that amended 1980, ‘‘Radiological Safety for the AGENCY: Office of the Assistant 24 CFR part 135 to implement Design and Construction of Apparatus Secretary for Fair Housing and Equal comprehensive changes made to section for Gamma Radiography,’’ (published as Opportunity, HUD. 3 of the Housing and Urban NBS Handbook 136, issued January ACTION: Final rule; Extension of effective Development Act of 1968 by the 1981). This publication has been period of interim rule. Housing and Community Development approved for incorporation by reference Act of 1992. Section 3, as amended, SUMMARY: by the Director of the Federal Register This rule extends the effective requires that economic opportunities in accordance with 5 U.S.C. 552(a). This period for HUD’s interim rule that generated by certain HUD financial publication may be purchased from the amended part 135 to implement the assistance for housing (including public Superintendent of Documents, U.S. comprehensive changes made to section and Indian housing) and community Government Printing Office, 3 of the Housing and Urban development programs shall, to the Washington, DC 20402. Copies of the Development Act of 1968 by the greatest extent feasible, be given to low- document are available for inspection at Housing and Community Development and very low-income persons, the Nuclear Regulatory Commission Act of 1992, until HUD publishes the particularly those who are recipients of library, 11545 Rockville Pike, Rockville, final rule for this program. government assistance for housing, and Maryland, 20852–2738. A copy of the EFFECTIVE DATE: This rule, which to businesses that provide economic document is also on file at the Office of extends the effective period of the opportunities for these persons. the Federal Register, 800 North Capitol interim rule, is effective June 30, 1995. The preamble to the interim rule Street NW., Suite 700, Washington, DC The effective period for 24 CFR part described HUD’s policy of setting an 20408. 135 is extended from June 30, 1995 until expiration date for an interim rule that Engineering analyses may be the final rule implementing the is effective unless a final rule is submitted by an applicant or licensee to comprehensive changes made to section published before that date. This demonstrate the applicability of 3 of the Housing and Urban ‘‘sunset’’ provision appears in § 135.2 of previously performed testing on similar Development Act of 1968 by the the interim rule, and provides that the individual radiography equipment Housing and Community Development interim rule will expire on June 30, components. Upon review, the Act of 1992, is published and becomes 1995, which is 12 months after the Commission may find this an acceptable effective. publication date. alternative to actual testing of the FOR FURTHER INFORMATION CONTACT: John The final rule amending 24 CFR part component pursuant to the referenced Waller, Office of Economic Opportunity, 135 to implement the comprehensive standard. Room 5232, Department of Housing and changes made to section 3 of the * * * * * Urban Development, 451 Seventh Street, Housing and Urban Development Act of (f) Notwithstanding paragraphs (a), SW, Washington, DC 20410, telephone 1968 (12 U.S.C. 1701u), by the Housing (d), and (e) of this section, equipment (202) 708–2251 (voice/TDD). (This is and Community Development Act of used in industrial radiographic not a toll-free number.) 1992, is in its last stages of review, and operations need not comply with SUPPLEMENTARY INFORMATION: publication is anticipated in June 1995. section 8.9.2(c) of the Endurance Test in However, in order to prevent a period in American National Standards Institute I. Justification for Final Rulemaking which the Department will be without N432–1980, if the prototype equipment In general, HUD publishes a rule for effective regulations, HUD is extending has been tested using a torque value public comment before issuing a rule for the effective period of the interim rule 28326 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations until the final rule is published and (60 FR 23368, 23399) under Executive published in the Federal Register (59 becomes effective. Order 12866 and the Regulatory FR 36316) on July 15, 1994. This rule is Flexibility Act. intended to promote safe vessel III. Other Matters movement by reducing the potential for List of Subjects in 24 CFR Part 135 National Environmental Policy Act collisions, rammings, and groundings A Finding of No Significant Impact Administrative practice and and their attendant loss of lives, with respect to the environment has procedure, Community development, property and environmental harm. been made in accordance with HUD Equal employment opportunity, EFFECTIVE DATE: This rule is effective on regulations at 24 CFR part 50 Government contracts, Grant May 31, 1995. implementing section 102(2)(C) of the programs—housing and community ADDRESSES: Unless otherwise indicated, National Environmental Policy Act of development, Housing, Loan documents referred to in this preamble 1969, 42 U.S.C. 4332. The Finding of No programs—housing and community are available for inspection or copying Significant Impact is available for public development, Reporting and at the office of the Executive Secretary, inspection and copying between 7:30 recordkeeping requirements, Small Marine Safety Council (G–LRA/3406), a.m. and 5:30 p.m. weekdays at the businesses. U.S. Coast Guard Headquarters, 2100 Office of Rules Docket Clerk, 451 In accordance with the reasons set Second Street, SW., room 3406, Seventh Street, SW, room 10276, forth in the preamble, 24 CFR part 135 Washington, DC 20593–0001 between 8 Washington, DC 20410–0500. is amended as follows: a.m. and 3 p.m., Monday through Friday, except Federal holidays. The Regulatory Flexibility Act PART 135ÐECONOMIC telephone number is (202) 267–1477. The Secretary, in accordance with the OPPORTUNITIES FOR LOW- AND VERY LOW-INCOME PERSONS FOR FURTHER INFORMATION CONTACT: Regulatory Flexibility Act (5 U.S.C. Ms. Irene Hoffman, Project Manager, 605(b)), has reviewed this rule before 1. The authority citation for 24 CFR Vessel Traffic Services Division (G– publication and by approving it certifies part 135 continues to read as follows: NVT), at (202) 267–6277. that the rule will not have a significant economic impact on a substantial Authority: 12 U.S.C. 1701u; 42 U.S.C. SUPPLEMENTARY INFORMATION: 3535(d). number of small entities. The rule Drafting Information merely extends the effective period for 2. Section 135.2 is revised to read as the interim rule. follows: The principal persons involved in drafting this document are Ms. Irene Executive Order 12606, The Family § 135.2 Effective date of regulation. Hoffman, Project Manager, and CDR The General Counsel, as the The regulations of this part will Thomas Cahill, Project Counsel, Office Designated Official under Executive remain in effect until the date the final of Chief Counsel. Order 12606, The Family, has rule adopting the regulations of this part Regulatory History determined that the rule may have the with or without changes is published potential to promote family formation, and becomes effective, at which point On August 1, 1991, the Coast Guard maintenance, and general well-being. If the final rule will remain in effect. published a notice of proposed the revised part 135 regulations, rulemaking (NPRM) entitled ‘‘National Dated: May 23, 1995. implemented by this rule, contribute to Vessel Traffic Services Regulations’’ in successful implementation of section 3, Elizabeth K. Julian, the Federal Register (58 FR 36910). On an increased number of low-income Acting Deputy Assistant Secretary for Policy July 15, 1994, the Coast Guard persons will be employed which may and Initiatives. published the final rule in the Federal promote family unification and general [FR Doc. 95–13221 Filed 5–30–95; 8:45 am] Register (59 FR 36316). BILLING CODE 4210±28±P well-being. Since the impact of this rule Background and Purpose is anticipated to be beneficial, no further review under the Order is necessary. Under the Ports and Waterways Safety DEPARTMENT OF TRANSPORTATION Act of 1972, as amended by the Port and Executive Order 12611, Federalism Tanker Safety Act (PTSA) and the Oil The General Counsel, as the Coast Guard Pollution Act (OPA 90), the Secretary of Designated Official under section 6(a) of Transportation may construct, operate, Executive Order 12611, Federalism, has 33 CFR Parts 26, 161, 162, and 165 maintain, improve, or expand VTSs in determined that the rule will not have [CGD 95±033] any port or place under the jurisdiction a substantial, direct effect on the States of the United States, including the RIN 2115±AF12 or on the relationship between the navigable waters of the United States, or Federal government and the States, or National Vessel Traffic Services in any area covered by an international on the distribution of power or Regulations agreement negotiated under 33 U.S.C. responsibilities among the various 1230. The Act requires certain vessels levels of government. The rule provides, AGENCY: Coast Guard, DOT. which operate in a VTS area to use and consistent with section 3, that the ACTION: Final rule. comply with the VTS. preference requirements of section 3 are In response to this mandate, the final to be carried out consistent with SUMMARY: The Coast Guard is amending rule published on July 15, 1994, existing Federal, State, and local laws its Vessel Traffic Services (VTS) amended the VTS regulations to make and regulations. regulations to clarify certain sections participation in all VTSs mandatory. and correct inaccurate geographic This rule also simplified existing VTS Semiannual Agenda of Regulations information. In addition, the final rule regulations by amending 33 CFR part The rule implementing this program is deleting certain sections and adding 161 to incorporate: (1) Standard national was listed as sequence number 1511 in existing vessel traffic management vessel traffic management rules the HUD’s Semiannual Agenda of information which was inadvertently applicable to all VTSs; (2) vessel Regulations published on May 8, 1995 omitted in a separate final rule movement reporting requirements for Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations 28327 certain vessels operating in the VTS previously contained in 33 CFR which regulations should be developed areas; and (3) geographic descriptions 161.402. For ease of use, this rule on the national level, to avoid and local regulations pertaining to combines both §§ 165.809 and 165.810 unreasonably burdensome variances specific VTS areas. Additionally, the in § 165.810. and confusion in applicability and rule redesignated other regulations, not Additionally, the final rule published operating requirements. These unique to VTS operations, into more on July 15, 1994 inadvertently omitted regulations which provide uniform VTS appropriate parts within Title 33. a vessel traffic management information operating requirements preempt States section which was previously included from adopting similar requirements. Discussion of Changes in the NPRM published on August 1, The National Vessel Traffic Services 1991. Section 162.117(c) (St. Marys Environment Regulations contain inaccurate River, Sault Ste. Marie, Michigan) is The Coast Guard considered the latitudes, longitudes, geographic being added. environmental impact of this final rule location descriptions, VTS area Regulatory Evaluation and concluded that under section 2.B.2. descriptions, and administrative of Commandant Instruction M16475.1B, omissions in tables 26.03(f) This rule is not a significant this final rule is categorically excluded (Radiotelephone Required), 161.12(b) regulatory action under section 3(f) of from further environmental (Vessel Operating Requirements), Executive Order 12866 and does not documentation. While the Coast Guard 161.35(b) (Vessel Traffic Service require an assessment of potential costs recognizes that this rule will have a Houston/Galveston), 161.35(c) (Vessel and benefits under section 6(a)(3) of that positive effect on the environment by Traffic Service Houston/Galveston), order. It has not been reviewed by the minimizing the risk of environmental 161.45(b) (Vessel Traffic Service St. Office of Management and Budget under harm resulting from collisions, Marys River), 161.60(d) (Vessel Traffic that order. It is not significant under the groundings, and rammings, the impact Service Prince William Sound), Regulatory Policies and Procedures of is not expected to be significant enough 165.811(e) (Atchafalaya River, Berwick the Department of Transportation (DOT) to warrant further documentation. A Bay, LA—regulated navigation area) and (44 FR 11040; February 26, 1979). The Categorical Exclusion Determination is § 161.50 (Vessel Traffic Service San Coast Guard expects the economic available in the docket for inspection or Francisco). These inaccuracies and impact of this proposal to be so minimal copying where indicated under omissions are being addressed in this that a full regulatory evaluation is ADDRESSES. rule. unnecessary. List of Subjects Minor editorial changes have been Regulatory Justification made to §§ 26.04 (Use of the designated 33 CFR Part 26 frequency), 26.07 (Communications), This rule corrects geographic and 162.117(g) (St. Marys River, Sault Ste. editorial inaccuracies and adds material Communications equipment, Marie, Michigan), 165.811(f) included in the NPRM but inadvertently Navigation (water), Marine safety, (Atchafalaya River, Berwick Bay, LA— omitted in the Final Rule. Therefore, the Radio, Telephone, Vessels. Coast Guard finds under 5 U.S.C. 553 (c) regulated navigation area), and tables 33 CFR Part 161 161.40(c) (Vessel Traffic Service and (d) that good cause exists to publish Berwick Bay) and 162.117(g) (St. Marys this as a final rule, effective upon Harbors, Navigation (water), River, Sault Ste. Marie, Michigan). publication, without notice and Reporting and recordkeeping Sections 161.60 (c)(2) and (c)(3) opportunity to comment. requirements, Vessels, Waterways. (Vessel Traffic Service Prince William Small Entities 33 CFR Part 162 Sound), are being rewritten in order to This rule only makes editorial Navigation (water), Waterways. clarify intent and §§ 161.60(c)(4) (Vessel changes and minor additions to existing Traffic Service Prince William Sound). vessel traffic management regulations. 33 CFR Part 165 Sections 165.1704(c)(4) (Prince William Therefore, the Coast Guard certifies Sound, Alaska—regulated navigation Harbors, Marine safety, Navigation under section 605(b) of the Regulatory (water), Reporting and recordkeeping area) is being deleted and sections Flexibility Act (5 U.S.C. 601 et seq.) that 165.1704(c)(5), (c)(6), and (c)(7) are requirements, Security measures, this rule will not have a significant Waterways. being redesignated. economic impact on a substantial On April 19, 1994 the Coast Guard number of small entities. For the reasons set out in the published an interim final rule in the preamble, the Coast Guard is amending Federal Register (59 FR 18486) Collection of Information 33 CFR parts 26, 161, 162, and 165, as establishing a Regulated Navigation This rule contains no collection-of- follows: Area at the Oliver Lock and Dam at MM information requirements under the 338 of the Black Warrior River. That Paperwork Reduction Act (44 U.S.C. PART 26ÐVESSEL BRIDGE-TO- rule was codified at 33 CFR 165.809. 3501 et seq.). BRIDGE RADIOTELEPHONE Due to a change in conditions on the REGULATIONS Black Warrior River that Regulated Federalism 1. The authority citation for part 26 Navigation Area is no longer necessary The Coast Guard has analyzed this continues to read as follows: and has been rescinded. In the final rule under the principles and criteria rule, ‘‘National Vessel Traffic Services contained in Executive Order 12612 and Authority: 33 U.S.C. 1201–1208; 49 CFR Regulations’’, published July 15, 1994, has determined that this rule does not 1.46. Sections 26.04 and 26.09 also issued 33 CFR 165.809 set forth a Purpose and have sufficient federalism implications under sec. 4118, Pub. L. 101–380, 104 Stat. 523 (33 U.S.C. 1203 note). Applicability section for vessel to warrant the preparation of a operating rules contained in § 165.810. Federalism Assessment. These VTS 2. In § 26.03(f), table 26.03(f) is Those vessel operating rules were operating procedures are a matter for revised to read as follows: 28328 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations TABLE 26.03(f)ÐVESSEL TRAFFIC SERVICES (VTS) CALL SIGNS, DESIGNATED FREQUENCIES, AND MONITORING AREAS Designated fre- Vessel traffic services1 (call sign) quency 2 (channel Monitoring area designation) New York New York Traffic 3 ...... 156.700 MHz (Ch. The waters of the Lower New York Bay west of a line drawn from Norton Point 14). to Breezy Point and north of the line drawn from Ambrose Entrance Lighted Gong Buoy #1 to Ambrose Channel Lighted Gong Buoy #9 thence to West Bank Light and thence to Great Kills Light. The waters of the Upper New York Bay, south of 40°42.40′N. (Brooklyn Bridge) and 40°43.70′N. (Holland Tunnel Ventilator Shaft); and in Newark Bay, north of 40°38.25′N. (Arthur Kill Railroad Bridge), and south of 40°41.95′N. (Lehigh Valley Draw Bridge); and the Kill Van Kull. 156.550 MHz (Ch. The waters of Raritan Bay east of a line drawn from Great Kills Light to Point 11). Comfort in New Jersey and south of a line drawn from Great Kills Light to West Bank Light, thence to Ambrose Channel Lighted Gong Buoy #9, and thence to Ambrose Channel Lighted Gong Buoy #1 and west of a line drawn from Ambrose Channel Lighted Gong Buoy #1 to the Sandy Hook Channel Entrance Buoys (Sandy Hook Lighted Gong Buoy #1 and Sandy Hook Light- ed Bell Buoy #2). 156.600 MHz (Ch. Each vessel at anchor within the above areas. 12). Houston 3 The navigable waters north of 29°N., west of 94°20′W., south of 29°49′N., and east of 95°20′W.: Houston Traffic ...... 156.550 MHz (Ch. The navigable waters north of a line extending due west from the southern 11). most end of Exxon Dock #1 (29°43.37′N., 95°01.27′W.). 156.600 MHz (Ch. The navigable waters south of a line extending due west from the southern 12). most end of Exxon Dock #1 (29°43.37′N., 95°01.27′W.). Berwick Bay Berwick Traffic ...... 156.550 MHz (Ch. The navigable waters south of 29°45′N., west of 91°10′W., north of 29°37′N., 11). and east of 91°18′W. St. Marys River Soo Control ...... 156.600 MHz (Ch. The navigable waters of the St. Marys River between 45°57′N. (De Tour Reef 12). Light) and 46°38.7′N. (lle Parisienne Light), except the St. Marys Falls Canal and those navigable waters east of a line from 46°04.16′N. and 46°01.57′N. (La Pointe to Sims Point in Potagannissing Bay and Worsley Bay and Worsley Bay). San Francisco 3 San Francisco Traffic ...... 156.600 MHz (Ch. The waters within a 38 nautical mile radius of Mount Tamalpais (37°55.8′N., 12). 122°34.6′W.) excluding the San Francisco Offshore Precautionary Area. 156.700 MHz (Ch. The waters of the San Francisco Offshore Precautionary Area eastward to San 14). Francisco Bay including its tributaries extending to the ports of Stockton, Sacramento and Redwood City. Puget Sound 4 Seattle Traffic 5 ...... 156.700 MHz (Ch. The navigable waters of Puget Sound, Hood Canal and adjacent waters south 14). of a line connecting Marrowstone Point and Lagoon Point in Admiralty Inlet and south of a line drawn due east from the southernmost tip of Possession Point on Whidbey Island to the shoreline. 156.250 MHz (Ch. The navigable waters of the Strait of Juan de Fuca east of 124°40′W. exclud- 5A). ing the waters in the central portion of the Strait of Juan de Fuca north and east of Race Rocks; the navigable waters of the Strait of Georgia east of 122°52′W.; the San Juan Island Archipelago, Rosario Strait, Bellingham Bay: Admiralty Inlet north of a line connecting Marrowstone Point and Lagoon Point and all waters east of Whidbey Island north of a line drawn due east form the southernmost tip of Possession Point on Whidbey Island to the shoreline. Tofino Traffic 6 ...... 156.725 MHz (Ch. The waters west of 124°40′W. within 50 nautical miles of the coast of Van- 74). couver Island including the waters north of 48°N., and east of 127°W. Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations 28329 TABLE 26.03(f)ÐVESSEL TRAFFIC SERVICES (VTS) CALL SIGNS, DESIGNATED FREQUENCIES, AND MONITORING AREASÐ Continued Designated fre- Vessel traffic services1 (call sign) quency 2 (channel Monitoring area designation) Vancouver Traffic ...... 156.550 MHz (Ch. The navigable waters of the Strait of Georgia west of 122°52′W., the navigable 11). waters of the central Strait of Juan de Fuca north and east of Race Rocks, including the Gulf Island Archipelago, Boundary Pass and Haro Strait. Prince William Sound 7 Valdez Traffic ...... 156.650 MHz (Ch. The navigable waters south of 61°05′N., east of 147°20′W., north of 60°N., and 13). west of 146°30′W.; and, all navigable waters in Port Valdez. Louisville 7 Louisville Traffic ...... 156.650 MHz (Ch. The navigable waters of the Ohio River between McAlpine Locks (Mile 606) 13). and Twelve Mile Island (Mile 593), only when the McAlpine upper pool gauge is at approximately 13.0 feet or above. Notes: 1 VTS regulations are denoted in 33 CFR Part 161. All geographic coordinates (latitude and longitude) are expressed in North American Datum of 1983 (NAD 83). 2 In the event of a communication failure either by the vessel traffic center or the vessel or radio congestion on a designated VTS frequency, communications may be established on an alternate VTS frequency. The bridge-to-bridge navigational frequency, 156.650 MHz (Channel 13), is monitored in each VTS area; and it may be used as an alternate frequency, however, only to the extent that doing so provides a level of safety beyond that provided by other means. 3 Designated frequency monitoring is required within U.S. navigable waters. In areas which are outside the U.S. navigable waters, designated frequency monitoring is voluntary. However, prospective VTS Users are encouraged to monitor the designated frequency. 4 A Cooperative Vessel Traffic Service was established by the United States and Canada with adjoining waters. The appropriate vessel traffic center administers the rules issued by both nations; however, it will enforce only its own set of rules within its jurisdiction. 5 Seattle Traffic may direct a vessel to monitor the other primary VTS frequency 156.250 MHz or 156.700 MHz (Channel 5A or 14) depending on traffic density, weather conditions, or other safety factors, rather than strictly adhering to the designated frequency required for each monitor- ing area as defined above. This does not require a vessel to monitor both primary frequencies. 6 A portion of Tofino Sector's monitoring area extends beyond the defined CVTS area. Designated frequency monitoring is voluntary in these portions outside of VTS jurisdiction, however, prospective VTS Users are encouraged to monitor the designated frequency. 7 The bridge-to-bridge navigational frequency, 156.650 MHz (Channel 13), is used in these VTSs because the level of radiotelephone trans- missions does not warrant a designated VTS frequency. The listening watch required by § 26.05 of this chapter is not limited to the monitoring area. § 26.04 [Amended] required to be monitored in accordance PART 161ÐVESSEL TRAFFIC 3. In § 26.04, paragraph (e) is revised with § 26.05. MANAGEMENT to read as follows: * * * * * 5. The authority citation for part 161 * * * * * § 26.07 [Amended] continues to read as follows: (e) On those navigable waters of the Authority: 33 U.S.C. 1231; 33 U.S.C. 1223; 4. In § 26.07, insert a comma after ‘‘no United States within a VTS area, the 49 CFR 1.46. person may serve as’’ designated VTS frequency is an 6. In § 161.12, table 161.12(b) is additional designated frequency revised to read as follows: TABLE 161.12(b)ÐVESSEL TRAFFIC SERVICES (VTS) CALL SIGNS, DESIGNATED FREQUENCIES, AND MONITORING AREAS Designated Fre- Vessel traffic services (call sign) quency 1 (Channel Monitoring area designation) New York New York Traffic 2 ...... 156.700 MHz (Ch. The waters of the Lower New York Bay west of a line drawn from Norton Point 14). to Breezy Point and north of a line drawn from Ambrose Entrance Lighted Gong Buoy #1 to Ambrose Channel Lighted Gong Buoy #9 thence to West Bank Light and thence to Great Kills Light. The waters of the Upper New York Bay, south of 40°42.40′N. (Brooklyn Bridge) and 40°43.70′N. (Holland Tunnel Ventilator Shaft); and in Newark Bay, north of 40°38.25′N. (Arthur Kill Railroad Bridge), and south of 40°41.95′N (Lehigh Valley Draw Bridge); and the Kill Van Kull. 28330 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations TABLE 161.12(b)ÐVESSEL TRAFFIC SERVICES (VTS) CALL SIGNS, DESIGNATED FREQUENCIES, AND MONITORING AREASÐContinued Designated Fre- Vessel traffic services (call sign) quency 1 (Channel Monitoring area designation) 156.550 MHz (Ch. The waters of Raritan Bay east of a line drawn from Great Kills Light to Point 11). Comfort in New Jersey and south of a line drawn from Great Kills Light to West Bank Light. Thence to Ambrose Channel Lighted Gong Buoy #9, and thence to Ambrose Channel Lighted Gong Buoy #1 and west of a line drawn from Ambrose Channel Lighted Gong Buoy #1 to the Sandy Hook Channel Entrance Buoys (Sandy Hook Lighted Gong Buoy #1 and Sandy Hook Light- ed Bell Buoy #2). 156.600 MHz (Ch. Each vessel at anchor within the above areas. 12). Houston 2 The navigable waters north of 29°N., west of 94°20′W., south of 29°49′N., and east of 95°20′W.: Houston Traffic ...... 156.550 MHz (Ch. The navigable waters north of a line extending due west from the southern 11). most end of Exxon Dock #1 (29°43.37′N., 95°01.27′W.). 156.600 MHz (Ch. The navigable waters south of a line extending due west from the southern 12). most end of Exxon Dock #1 (29°43.37′N., 95°01.27′W.). Berwick Bay Berwick Traffic ...... 156.550 MHz (Ch. The navigable waters south of 29°45′N., west of 91°10′W., north of 29°37′N., 11). and east of 91°18′W. St. Marys River Soo Control ...... 156.600 MHz (Ch. The navigable waters of the St. Marys River between 45°57′N. (De Tour Reef 12). Light) and 46°38.7′N. (IIe Parisienne Light), except the St. Marys Falls Canal and those navigable waters east of a line from 46°04.16′N. and 46°01.57′N. (La Pointe to Sims Point In Potagannissing Bay and Worsley Bay). San Francisco 2 San Francisco Traffic ...... 156.600 MHz (Ch. The waters within a 38 nautical mile radius of Mount Tamalpais (37°55.8′N., 12). 122°34.6′W.) excluding the San Francisco Offshore Precautionary Area. 156.700 MHz (Ch. The waters of the San Francisco Offshore Precautionary Area eastward to San 14). Francisco Bay including its tributaries extending to the ports of Stockton, Sacramento and Redwood City. Puget Sound 3 Seattle Traffic 4 ...... 156.700 MHz (Ch. The navigable waters of Puget Sound, Hood Canal and adjacent waters south 14). of a line connecting Marrowstone Point and Lagoon Point in Admiralty Inlet and south of a line drawn due east from the southernmost tip of Possession Point on Whidbey Island to the shoreline. 156.250 MHz (Ch. The navigable waters of the Strait of Juan de Fuca east of 124°40′W. exclud- 5A). ing the waters in the central portion of the Strait of Juan de Fuca north and east of Race Rocks; the navigable waters of the Strait of Georgia east of 122°52′W.; the San Juan Island Archipelago, Rosario Strait, Bellingham Bay; Admiralty Inlet north of a line connecting Marrowstone Point and Lagoon Point and all waters east of Whidbey Island north of a line drawn due east from the southernmost tip of Possession Point on Whidbey Island to the shoreline. Tofino Traffic 5 ...... 156.725 MHz (Ch. The waters west of 124°40′W. within 50 nautical miles of the coast of Van- 74). couver Island including the waters north of 48°N., and east of 127°W. Vancouver Traffic ...... 156.550 MHz (Ch. The navigable waters of the Strait of Georgia west of 122°52′W., the navigable 11). waters of the central Strait of Juan de Fuca north and east of Race Rocks, including the Gulf Island Archipelago, Boundary Pass and Haro Strait. Prince William Sound 6 Valdez Traffic ...... 156.650 MHz (Ch. The navigable waters south of 61°05′N., east of 147°20′W., north of 60°N., and 13). west of 146°30′W.; and, all navigable waters in port Valdez. Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations 28331 TABLE 161.12(b)ÐVESSEL TRAFFIC SERVICES (VTS) CALL SIGNS, DESIGNATED FREQUENCIES, AND MONITORING AREASÐContinued Designated Fre- Vessel traffic services (call sign) quency 1 (Channel Monitoring area designation) Louisville 6 Louisville Traffic ...... 156.650 MHz (Ch. The navigable waters of the Ohio River between McAlpine Locks (Mile 606) 13). and Twelve Mile Island (Mile 593), only when the McAlpine upper pool gauge is at approximately 13.0 feet or above. Notes: 1 In the event of a communication failure either by the vessel traffic center or the vessel or radio congestion on a designated VTS frequency, communications may be established on an alternate VTS frequency. The bridge-to-bridge navigational frequency, 156.650 MHz (Channel 13), is monitored in each VTS area; and it may be used as an alternate frequency, however, only to the extent that doing so provides a level of safety beyond that provided by other means. 2 Designated frequency monitoring is required within U.S. navigable waters. In areas which are outside the U.S. navigable waters, designated frequency monitoring is voluntary. However, prospective VTS Users are encouraged to monitor the designated frequency. 3 A Cooperative Vessel Traffic Service was established by the United States and Canada within adjoining waters. The appropriate vessel traffic center administers the rules issued by both nations; however, it will enforce only its own set of rules within its jurisdiction. 4 Seattle Traffic may direct a vessel to monitor the other primary VTS frequency 156.250 MHz or 156.700 MHz (Channel 5A or 14) depending on traffic density, weather conditions, or other safety factors, rather than strictly adhering to the designated frequency required for each monitor- ing area as defined above. This does not require a vessel to monitor both primary frequencies. 5 A portion of Tofino Sector's monitoring area extends beyond the defined CVTS area. Designated frequency monitoring is voluntary in these portions outside of VTS jurisdiction, however, prospective VTS Users are encouraged to monitor the designated frequency. 6 The bridge-to-bridge navigational frequency, 156.650 MHz (Channel 13), is used in these VTSs because the level of radiotelephone trans- missions does not warrant a designated VTS frequency. The listening watch required by § 26.05 of this chapter is not limited to the monitoring area. 7. In § 161.35(b), table 161.35(b) is revised to read as follows: TABLE 161.35(b)ÐVTS HOUSTON/GALVESTON PRECAUTIONARY AREAS Center point Precautionary area name Radius (yds.) Latitude Longitude Bolivar Roads ...... 4000 29°20.9′N 94°47.0′W Red Fish Bar ...... 4000 29°29.8′N 94°51.9′W Bayport Channel ...... 4000 29°36.7′N 94°57.2′W Morgans Point ...... 2000 29°41.0′N 94°59.0′W Upper San Jacinto Bay ...... 1000 29°42.3′N 95°01.1′W Baytown ...... 1000 29°43.6′N 95°01.4′W Lynchburg ...... 1000 29°45.8′N 95°04.8′W Carpenters Bayou ...... 1000 29°45.3′N 95°05.6′W Jacintoport ...... 1000 29°44.8′N 95°06.0′W Greens Bayou ...... 1000 29°44.8′N 95°10.2′W Hunting Bayou ...... 1000 29°44.3′N 95°12.1′W Sims Bayou ...... 1000 29°43.1′N 95°14.4′W Brady Island ...... 1000 29°43.5′N 95°16.4′ W Buffalo Bayou ...... 1000 29°45.0′N 95°17.3′W Note: Each Precautionary Area encompasses a circular area of the radius denoted. 8. In § 161.35(c), table 161.35(c) is revised to read as follows: TABLE 161.35(c)ÐVTS HOUSTON/GALVESTON REPORTING POINTS Designator Geographic name Geographic description Latitude/longitude Notes 1 ...... Galveston Bay Entrance Chan- Galveston Bay Entrance CH 29°18.4′N; 94°37.6′W. nel. Lighted Buoy (LB) ``GB''. 2 ...... Galveston Bay Entrance Chan- Galveston Bay Entrance Chan- 29°20.6′N; 94°44.6′W. nel. nel LB 11 and 12. E ...... Bolivar Land Cut ...... Mile 349 Intracoastal Waterway 29°22.5′N; 94°46.9′ W ...... Tows entering HSC also (ICW). report at HSC LB 25 & 26. W ...... Pelican Cut ...... Mile 351 ICW ...... 29°21.4′N; 94°48.5′ W ...... Tow entering HSC also re- port at HSC LB 25 & 26. GCG ...... Galveston Harbor ...... USCG Base. At the entrance 29°20.0′N; 94°46.5′W. to Galveston Harbor. T ...... Texas City Channel ...... Texas City Channel LB 12 ...... 29°22.4′N; 94°50.9′W. 28332 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations TABLE 161.35(c)ÐVTS HOUSTON/GALVESTON REPORTING POINTSÐContinued Designator Geographic name Geographic description Latitude/longitude Notes X ...... Houston Ship Channel ICW Houston Ship Channel (HSC) 29°22.1′N; 94°48.1′W...... Tow entering HSC from Intersection. LB 25 and 26. ICW or Texas Cut Only. 3 ...... Lower Galveston Bay ...... HSC LB 31 and 32 ...... 29°23.5′N; 94°48.8′W. 4 ...... Red Fish Bar ...... HSC Lt. 53A & 54A ...... 29°30.3′N; 94°52.4′W. P ...... Bayport Ship Channel ...... Bayport Ship Channel Lt. 7 29°36.8′N; 94°59.5′ W; ...... Report at the North Land and 8. Cut. 4A ...... Upper Galveston Bay ...... HSC Buoys 69 and 70 ...... 29°34.7′N; 94°55.8′ W ...... Tows only. 5 ...... Morgan's Point ...... Barbour's Cut ...... 29°41.0′N; 94°58.9′W...... Abeam Barbours Cut. 6 ...... Exxon ...... Baytown Bend ...... 29°43.5′N; 95°01.4′W. 7 ...... Lynchburg ...... Ferry crossing ...... 29°45.8′N; 95°04.8′W. 8 ...... Shell Oil ...... Boggy Bayou ...... 29°44.1′N; 95°08.0′W. 9 ...... Greens Bayou ...... Greens Bayou ...... 29°44.8′N; 95°10.1′W. 10 ...... Hess Turning Basin ...... Hunting Bayou Turning Basin .. 29°44.3′N;95°12.1′W. 11 ...... Lyondell Turning Basin ...... Sims Bayou Turning Basin ...... 29°43.2′N; 95°14.4′W. 12 ...... I±610 Bridge ...... I±610 Bridge ...... 29°43.5′N; 95°16.0′W. 13 ...... Houston Turning Basin ...... Buffalo Bayou ...... 29°45.0′N; 95°17.4′W. § 161.40 [Amended] 9. In § 161.40(c), table 161.40(c) is amended by adding the heading ‘‘Table 161.40(c)—VTS Berwick Bay Reporting Points’’. 10. In § 161.45(b), table 161.45(b) is revised to read as follows: TABLE 161.45(b)ÐVTS ST. MARYS RIVER REPORTING POINTS Designator Geographic name Geographic description Latitude/longitude Notes 1 ...... Ile Parisienne ...... Ile Parisienne Light ...... 46°37.3′N; 84°45.9′ W ...... Downbound Only. 2 ...... Gros Cap Reef ...... Gros Cap Reefs Light ...... 46°30.6′N; 84°37.1′ W ...... Upbound Only. 3 ...... Round Island ...... Round Island Light 32 ...... 46°26.9′N; 84°31.7′W. 4 ...... Pointe Louise ...... Pointe Louise Light ...... 46°27.8′N; 84°28.2′W. 5* ...... West End of Locks ...... West Center Pierhead Light ...... 46°30.2′N; 84°22.2′ W ...... Upbound Only. 6 ...... East End of Locks ...... East Center Pierhead Light ...... 46°30.1′N; 84°20.3′ W ...... Downbound Only. 7 ...... Mission Point ...... Light 99 ...... 46°29.2′N; 84°18.1′W. 8 ...... Six Mile Point ...... Six Mile Point ...... 46°26.1′N; 84°15.4′W. 9 ...... Ninemile Point ...... Light 80 ...... 46°23.5′N; 84°14.1′W. 10 ...... West Neebish Channel ...... Light 29 ...... 46°16.9′N; 84°12.5′ W ...... Downbound Only. 11 ...... Munuscong Lake Junction ...... Lighted Junction Buoy ...... 46°10.8′N; 84°05.6′W. 12 ...... De Tour Reef ...... De Tour Reef Light ...... 46°56.9′N; 83°53.7′W. § 161.50 [Amended] § 161.60 Vessel Traffic Service Prince (iii) A southbound vessel shall remain 11. In § 161.50, remove ‘‘(a)’’ at the William Sound in Port Valdez east of 146°35′W. and beginning of the section; remove the * * * * * north of 61°06′N. until the VTS has words ‘‘Petaluma River Entrance Lights (c) * * * granted permission to proceed. ‘1’ and ‘2’ ’’ and add, in their place, the (1) * * * (3) Paragraph (c)(2) of this section words ‘‘Petaluma River Entrance applies to— Channel Daybeacon 19 and Petaluma (2) For a vessel listed in paragraph River Entrance Channel Light 20’’; and (c)(3) of this section— (i) A vessel of 1600 gross tons or remove the words ‘‘Redwood City’’ and (i) Approval to enter this area will not more; and add, in their place, ‘‘the Dumbarton be granted to a vessel when a tank (ii) A towing vessel of 8 meters or vessel of more than 20,000 deadweight Bridge.’’ more in length, except for a vessel tons is navigating therein; 12. In § 161.60, paragraph (c)(4) is performing duties as an escort vessel as removed; and paragraphs (c)(2) and (ii) A northbound vessel shall remain defined in 33 CFR Part 168. (c)(3) and the table in paragraph (d) are south of 61°N. until the VTS has granted revised to read as follows: permission to proceed; and (d) Reporting Points. TABLE 161.60(d)ÐVTS PRINCE WILLIAM SOUND REPORTING POINTS Designator Geographic name Geographic description Latitude/longitude Notes 1A ...... Cape Hinchinbrook ...... Cape Hinchinbrook ...... 60°16′18′′N; 146°45′30′′ W ...... Northbound Only. 1B ...... Schooner Rock ...... Schooner Rock ...... 60°18′42′′N; 146°51′36′′ W ...... Southbound Only. Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations 28333 TABLE 161.60(d)ÐVTS PRINCE WILLIAM SOUND REPORTING POINTSÐContinued Designator Geographic name Geographic description Latitude/longitude Notes 2A ...... Naked Island ...... Naked Island ...... 60°40′00′′N; 147°01′24′′ W ...... Northbound Only. 2B ...... Naked Island ...... Naked Island ...... 60°40′00′′N; 147°05′00′′ W ...... Southbound Only. 3A ...... Bligh Reef ...... Bligh Reef Light (Pilot Embark) ..... 60°50′36′′N; 146°57′30′′ W ...... Northbound Only. 3B ...... Bligh Reef ...... Bligh Reef Light (Pilot Disembark) 60°51′00′′N; 147°01′24′′ W ...... Southbound Only. 4A ...... Rocky Point ...... Rocky Point ...... 60°57′48′′N; 146°47′30′′ W ...... Northbound Only. 4B ...... Rocky Point ...... Rocky Point ...... 60°57′48′′N; 146°50′00′′ W ...... Southbound Only. 5 ...... Entrance Island ...... Entrance Island Light ...... 61°05′24′′N; 146°37′30′′W.. PART 162ÐINLAND WATERWAYS PART 165ÐREGULATED NAVIGATION ENVIRONMENTAL PROTECTION NAVIGATION REGULATIONS AREAS AND LIMITED ACCESS AREAS AGENCY 13. The authority citation for part 162 16. The authority citation for part 165 40 CFR Part 52 continues to read as follows: continues to read as follows: Authority: 33 U.S.C. 1231; 49 CFR 1.46. Authority: 33 U.S.C. 1231; 50 U.S.C. 191; [Region II Docket No. 136, PR3±2±6731, 33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5; FRL±5209±5] § 162.117 [Amended] 49 CFR 1.46. 14. In 162.117, paragraph (c) is Approval and Promulgation of PM10 revised to read as follows: § 165.809 [Removed] Implementation Plan for the * * * * * 17. Section 165.809 is removed. Commonwealth of Puerto Rico (c) Anchoring Rules AGENCY: Environmental Protection (1) A vessel must not anchor: § 165.810 [Amended] Agency (EPA). (i) within the waters between Brush 18. In § 165.810 redesignate ACTION: Point and the waterworks intake crib off paragraphs (a), (b) and (c) as paragraphs Final rule. Big Point southward of the Point Aux (b), (c) and (d) respectively; and add SUMMARY: The EPA is approving the Pins range; or paragraph (a) to read as follows: State Implementation Plan (SIP) (i) within 0.2 nautical miles of the (a) Purpose and Applicability. This revision submitted by the intake crib off Big Point. section prescribes rules for all vessels (2) In an emergency, vessels may Commonwealth of Puerto Rico for the operating in the Mississippi River below purpose of attaining the National anchor in a dredged channel. Vessels Baton Rouge, LA, including South and shall anchor as near to the edge of the Ambient Air Quality Standards Southwest Passes, to assist in the (NAAQS) for particulate matter with an channel as possible and shall get prevention of collisions and groundings underway as soon as the emergency aerodynamic diameter less than or equal and to protect the navigable waters of to a nominal 10 micrometers (PM10). ceases, unless otherwise directed. the Mississippi River from Vessel Traffic Services St. Marys River The SIP addresses sources impacting the environmental harm resulting from Municipality of Guaynabo, Puerto Rico must be advised of any emergency those incidents. anchoring as soon as is practicable. which has been designated (3) Vessels collected in any part of the * * * * * nonattainment. EFFECTIVE DATE VTS Area by reason of temporary § 165.811 [Amended] : This action will be closure of a channel or an impediment effective June 30, 1995. 19. In § 165.811, in paragraph (e), to navigation shall get underway and ADDRESSES: Copies of the state submittal amend the table heading by adding depart in the order in which they are available at the following addresses ‘‘Table 165.812(e)—’’ before the words arrived, unless otherwise directed by for inspection during normal business ‘‘Minimum Available Horsepower Vessel Traffic Service St. Marys River. hours: Requirement’’; and in paragraph Vessel Traffic Service St. Marys River Environmental Protection Agency, (f)(4)(ii), remove the word may advance any vessel in the order of Region II Office, Library, 290 Broadway, ‘‘horizontally’’ and add, in its place, the departure to expedite the movement of 16th Floor, New York, New York, word ‘‘vertically.’’ mails, passengers, cargo of a perishable 10007–1866. nature, to facilitate passage of vessels § 165.1704 [Amended] Environmental Protection Agency, through any channel by reason of 20. In § 165.1704 remove paragraph Region II, Caribbean Field Office, Centro special circumstance, or to facilitate (c)(4) and redesignate paragraphs (c)(5), Europa Building, Suite 417, 1492 Ponce passage through the St. Marys Falls (c)(6) and (c)(7) as paragraphs (c)(4), De Leon Avenue, Stop 22, Santurce, Canal. (c)(5) and (c)(6), respectively. Puerto Rico, 00909. * * * * * Commonwealth of Puerto Rico, 15. In § 162.117(g), Table 162.117(g), Dated: May, 16, 1995. Environmental Quality Board, Banco add the heading ‘‘Table 162.117(g)—St. G.A. Penington, National Plaza, 8th Floor, 431 Ponce De Marys River Speed Rules’’; and in Rear Admiral, U.S. Coast Guard Chief, Office Leon Avenue, Hato Rey, Puerto Rico, paragraph (g)(2), add the words of Navigation Safety and Waterways Services. 00917. ‘‘Commanding Officer’’ before ‘‘Vessel [FR Doc. 95–13268 Filed 5–30–95; 8:45 am] Environmental Protection Agency, Air Traffic Service St. Marys River.’’ BILLING CODE 4910±14±M and Radiation Docket and Information 28334 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations Center (MC 6102), 401 M. Street, S.W. these comments are discussed in IV. D. Reasonably Available Control Washington, D.C. 20460. Public Comment. Measures (RACM) including Reasonably Available Control Technology (RACT) FOR FURTHER INFORMATION CONTACT: III. Analysis of Puerto Rico’s SIP Kirk J. Wieber, Air Programs Branch, Submission Moderate PM10 nonattainment areas Environmental Protection Agency, were required to submit provisions to Region II Office, 290 Broadway, 20th A. Administrative Requirements assure that RACM (including RACT) Floor, New York, New York 10007– The Commonwealth of Puerto Rico would have been implemented no later 18666 (212) 637–4249. held a public hearing on October 15, than December 10, 1993 or four years or 1993 to accept public comments on the after designation in the case of an area Carl Soderberg, Director, Environmental implementation plan for the classified as moderate nonattainment after November 15, 1990. [see sections Protection Agency, Region II, Municipality of Guaynabo PM10 Caribbean Field Office, Centro Europa nonattainment area. Following the 172(c)(1) and 189(a)(1)(C)]. The Building, Suite 417, 1492 Ponce De public hearing the plan was adopted by Municipality of Guaynabo was Leon Avenue, Stop 22, Santurce, Puerto Rico and was submitted to EPA designated and classified as moderate nonattainment for PM Puerto Rico, 00909, (809) 729–6951. as a revision to the SIP on November 14, 10 on November 15, 1990 by operation of law, therefore, SUPPLEMENTARY INFORMATION: 1994. The submittal was supplemented the Puerto Rico PM10 implementation with administrative documents on plan needed to assure that RACT/RACM I. Background March 18, 1994 and March 30, 1994. would have been implemented no later The SIP submittal included revisions to The Clean Air Act, as amended in than December 10, 1993. The SIP the Puerto Rico Regulations for the 1990 (the Act), requires all areas that contains enforceable commitments by have measured a violation of the Control of Atmospheric Pollution which the Puerto Rico Environmental Quality NAAQS for PM10 before January 1, 1989 include the following: Part I; Rule 102, Board (EQB) to achieve various RACM be designated nonattainment. On ‘‘Definitions,’’ Part II; Rule 201, requirements through regulations as November 15, 1990 by operation of law ‘‘Location Approval,’’ Rule 202, ‘‘Air well as through Memoranda of the Municipality of Guaynabo, Puerto Quality Impact Analysis,’’ Rule 203, Understanding (MOU). These were Rico was designated nonattainment for ‘‘Permit to Construct a Source,’’ and Part effective upon adoption. The EQB has PM10 and classified as moderate based IV; Rule 401, ‘‘Generic Prohibitions,’’ signed MOU’s with various entities on violations measured in 1987 in the Rule 402, ‘‘Open Burning,’’ Rule 403, which include details of how the Municipality. [see 56 FR 11101 (March ‘‘Visible Emissions,’’ Rule 404, various RACM requirements would be 15, 1991)]. The Act requires state or ‘‘Fugitive Dust,’’ and Rule 423, implemented. territorial governments to revise their ‘‘Limitations for the Guaynabo PM 10 EPA has reviewed Puerto Rico’s SIP SIP for all areas that are designated as Nonattainment Area,’’ which became documentation and concluded that its nonattainment to ensure that the effective on April 2, 1994. The entire choice of control measures has provided NAAQS will be attained. Under the Act, SIP revision was reviewed by EPA to for attainment of the PM10 NAAQS by the Commonwealth of Puerto Rico is determine completeness in accordance December 31, 1994. By this notice, EPA regarded as a state. The reader should with the completeness criteria set out at is determining that the control strategies refer to the ‘‘General Preamble’’ [see 40 CFR 51, and found to be are consistent with the RACM and generally 57 FR 13498 (April 16, 1992) administratively complete. and 57 FR 18070 (April 28, 1992)] for RACT requirements contained in the a more detailed discussion of the B. Emissions Inventory Act. designation of PM10 nonattainment Puerto Rico submitted an emissions E. Contingency Measures areas. inventory for base year 1990. EPA is As provided in section 172(c)(9) of the II. Today’s Action approving the emissions inventory Act, all PM10 nonattainment area SIP’s because it is accurate and Section 110(k) of the Act sets out must include contingency measures (see comprehensive, and provides a provisions governing EPA’s review of generally 57 FR 13543–44). These sufficient basis for determining the SIP submittals. (See 57 FR 13565– measures were required to be submitted adequacy of the attainment 13566.) In this action, EPA is approving by November 15, 1993 for the moderate demonstration for this area consistent the Puerto Rico PM10 implementation PM10 nonattainment areas. [see 57 FR plan revision submitted to EPA on with the requirements of sections 13543 (April 16, 1992)]. Contingency November 14, 1993. This submittal was 172(c)(3) and 110(a)(2)(K) of the Act. measures should consist of other available measures, not already part of intended to satisfy those moderate PM10 C. New Source Review (NSR) PM10 nonattainment area SIP requirements Permit Program the area’s control strategy, that take due November 15, 1991 and the effect without further action by the moderate PM10 nonattainment area New The statutory permit requirements for Commonwealth or EPA upon a Source Review requirements due June moderate PM10 nonattainment areas are determination by EPA that the area has 30, 1992. EPA proposed to approve the contained in section 173 and section failed to make Reasonable Further submittal on August 11, 1994, 57 FR 189 of the Act. For all moderate PM10 Progress (RFP) or attain the PM10 41265. The reader is referred to the nonattainment areas, states must adopt NAAQS by the applicable statutory proposal for a detailed explanation of the appropriate major source threshold, deadline. The Municipality of Guaynabo Puerto Rico’s PM10 SIP and EPA’s offset ratio, significance level for PM10 nonattainment area SIP contains evaluation. In response to the Federal modifications, and provisions for PM10 contingency measures which are Register notice and a Public Meeting precursors. Puerto Rico’s PM10 included in Rule 423(D). held by EPA Region II on September 11, implementation plan submittal After review of the contingency 1994 in the Municipality of Catan˜ o, addressed all NSR Act requirements, measures contained in the SIP, EPA has comments were received from ten therefore, EPA is approving the PM10 determined they meet the requirements interested parties. EPA’s response to NSR permit program SIP revision. of the Act. Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations 28335 F. Demonstration of Attainment section 172(b)(6)]. The SIP must also be implemented pursuant to the MOU’s. contain a program which provides for Once incorporated into the approved Moderate PM10 nonattainment areas were required to submit a enforcement of the control measures SIP, the requirements of the MOU may demonstration (including air quality and other elements in the SIP and the not be changed except by a revision to modeling) showing that the plan will regulation of the modification and the SIP that has been submitted to and construction of any stationary source provide for attainment as expeditiously approved by EPA. within the areas covered by the plan as Puerto Rico’s revisions to the as practicable but no later than necessary to assure that the NAAQS are regulations include a new definition for December 31, 1994 [see sections achieved, including a permit program ‘‘PM10’’ in Rule 102. Although test 188(c)(1) and 189(a)(1)(B) of the Act). required under Part C or D of Title I of methods are not contained in Puerto EQB performed an attainment the Act. [see, section 110(a)(2)(C)]. All Rico’s definition of ‘‘PM10’’ as they are demonstration using the Industrial measures and other elements in the SIP in 40 CFR 51.100 (qq), EPA is approving Source Complex (ISC2) dispersion must be enforceable by the Puerto Rico’s definition of ‘‘PM10,’’ model and five years of National Commonwealth and EPA [see sections since the relevant test methods are Weather Service meteorological data. 172(c)(6), 110(a)(2)(A) and 57 FR found in other provisions of the EPA recommends that implementation 13556]. Moderate PM10 nonattainment regulations. plans show maintenance of the PM10 area plan provisions must also contain I. PM10 Precursors NAAQS for at least three years beyond a program which provides for the attainment date. Puerto Rico’s enforcement of the control measures The Act states that ‘‘control demonstration, included in their PM10 and other elements in the SIP [see requirements applicable to major implementation plan, indicates the section 110(a)(2)(C)]. stationary sources of PM10 must also NAAQS for PM10 were attained by The SIP requires that all affected apply to major stationary sources of December 31, 1994 in the Municipality stationary sources must be in full PM10 precursors except where the of Guaynabo. In addition, Puerto Rico compliance with the applicable RACT Administrator determines that such went beyond EPA’s recommendation of requirements by December 10, 1993. sources do not contribute significantly demonstrating maintenance of the PM10 However, if a physical alteration of the to PM10 levels which exceed the NAAQS for three years and stationary source is necessary to achieve NAAQS in the area.’’ Based on filter demonstrated they would be maintained compliance, the SIP requires that analyses of the Guaynabo nonattainment at least until 1999. EPA is approving the construction of the alteration must have area, the relatively minor contribution attainment demonstration. been commenced by February 15, 1994, of precursors to overall nonattainment, G. Quantitative Milestones and RFP and must have been completed by and the effectiveness of the November 30, 1994. EQB has prepared Commonwealth’s RACT/RACM The moderate PM10 nonattainment a compliance schedule for those sources strategies, EPA agrees with EQB’s area plan revisions demonstrating that still need to make alterations. determination that no controls of PM10 attainment must contain quantitative Compliance with these RACT precursors beyond what are already milestones which are to be achieved requirements must be demonstrated controlled in the Puerto Rico SIP are every three years until the area is using the applicable EPA Reference Test needed for attainment. Nonetheless, redesignated attainment and which Methods. Puerto Rico has an Puerto Rico has chosen to include demonstrate reasonable further progress enforcement program that will ensure within the NSR provisions a (RFP) toward attainment by December that these RACT requirements are requirement for control of PM10 31, 1994 (see section 189(c)(1) of the adequately enforced. There are civil precursors unless EPA and EQB Act). RFP is defined in section 171(1) as penalties for noncompliance with the determine otherwise. such annual incremental reductions in Regulation containing these RACT IV. Public Comment emissions of the relevant air pollutant as requirements. are required by Part D or may In addition to the RACT requirements EPA proposed to approve the Puerto reasonably be required by the for stationary sources, the SIP contains Rico PM10 implementation plan on Administrator for the purpose of enforceable commitments by EQB to August 11, 1994, 57 FR 41265. ensuring attainment of the applicable achieve various RACM requirements. To Comments were received from ten NAAQS by the applicable date. implement these measures, EQB has interested parties. Comments were also The assurance that milestones and signed an MOU with the Puerto Rico received during the Public Meeting held RFP will be achieved is based upon the Department of Transportation, the by EPA Region II on September 11, 1994 Commonwealth adopting and Puerto Rico Electric Power Authority, in the Municipality of Catan˜ o. EPA implementing the particular control the Municipality of Guaynabo, and the evaluated all the comments with respect measures contained in the PM10 SIP, Port Authority that contain details on to EPA’s proposed approval. Due to the RACM (including RACT). how each of these entities will meet large number of comments, EPA these RACM commitments. The prepared a separate ‘‘Responsiveness H. Enforceability commitments to implement the RACM Document’’ which summarizes each The SIP must include enforceable requirements are in the SIP itself, and comment and includes EPA’s evaluation emission limitations and other control thus are enforceable as requirements of and detailed response. This document is measures, means or techniques the SIP. In addition, the MOU’s, having available from EPA upon request. In this necessary or appropriate to meet the gone through public review and Federal Register notice EPA has requirements of the Act. [see section comment, will be incorporated into the summarized major comments and 110(a)(2)(A) of the Act]. Nonattainment SIP by reference, and are effective as of responses. plan provisions must also include the date each was signed. The The following summaries of enforceable emission limitations and attainment demonstration, which shows comments and responses is divided into other control measures, means or attainment of the PM10 NAAQS by several major areas; the designation of techniques necessary or appropriate to December 31, 1994, uses emissions the nonattainment area, the SIP provide for attainment of the NAAQS by reductions from the identified RACM attainment demonstration, and RACT the applicable attainment date. [see measures, and thus EPA expects them to determinations. 28336 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations Designation of Nonattainment Municipality of Guaynabo and in the the wind. The terrain in the Puerto Comment: Puerto Rico’s plan is based Municipality of Catan˜ o. Nuevo area where the largest emitting Response: EPA believes the current on air quality data which is incomplete sources are located is mainly flat like PM10 monitoring network in Puerto Rico and insufficient for determining that the the area near the Airport. Comparison is representative of the highest PM10 Municipality of Guaynabo was not in between the San Juan Airport data and concentrations in the entire attainment of the air quality standards. data collected at a meteorological tower nonattainment area. This design is Air quality now meets the NAAQS. in the Municipality of Guaynabo consistent with the monitoring Response: The Commonwealth confirm that they are subject to the same objectives and methodologies described presented no information which meteorological patterns. in Part 58 of the Code of Federal In reference to the PREPA Palo Seco invalidates the air quality data Regulations, Appendix D. They are sited issue, the attainment demonstration did previously collected which indicated immediately downwind of major point consider the impact of the Palo Seco nonattainment. Section 107(d)(4)(B) of and area sources in locations where a Power Plant’s PM10 emissions on the the Act mandated the designation of long record of total suspended Catan¯ o—Guaynabo area. The areas as nonattainment for PM10 by particulate monitors had measured the atmospheric dispersion model used in operation of law: highest levels in Puerto Rico. Thus they the attainment demonstration showed ‘‘(B) PM10 Designations.—By operation of meet the monitor-siting objective of that the greatest impact of the power law, * * * (ii) any area containing a site for measuring air quality in the area where plant’s emissions remained over water. which air quality monitoring data show a the highest concentrations of a pollutant The plants contribution to the Guaynabo violation of the national ambient air quality can be expected to occur. nonattainment area (only about three standard for PM10 before January 1, 1989 (as Locations in southern Catan˜ o and determined under part 50, appendix K of title and one half percent of the time) is less 40 of the Code of Federal Regulations) is Guaynabo do not have the same than the deminimis impact levels hereby designated nonattainment for PM10;’’ potential to measure high contained in EPA regulations. Since the concentrations due to the lack of major power plant is located outside of the This section of the Act confines the EPA sources of particulate matter, as Guaynabo nonattainment area, EPA’s to review air quality data prior to demonstrated by the emission inventory guidance to the states is that RACT January 1, 1989, not after January 1, of the Municipality of Guaynabo. strategies need only be applied to those 1989, in designating an area for PM10. Consequently, their absence should not sources which have a significant impact The designation of the Municipality of make the Commonwealth’s plan any on the nonattainment area. Thus RACT Guaynabo as nonattainment for PM10 less approvable. at the Palo Seco Power Plant would was based on the PM10 concentration of have no real benefit to attainment of 285 µg/m3, recorded at the Electrical Attainment Demonstration # PM10 standards in the Guaynabo. Substation 24 on August 1, 1987. There Comments: The dispersion model However, all power plants in Puerto was no evidence presented by the used in the attainment demonstration is Rico are subject to the same 20 percent Commonwealth that showed this not conservative. Wrong meteorological opacity limit that is required of the reading to be invalid. Further, air data being used. The Puerto Rico power plant in Puerto Nuevo. quality data available to the Electrical Power Authority (PREPA) Administrator indicated that there were Palo Seco plant should have been RACT Determinations for Electrical violations of the annual standard in included in the Plan. Utilities 1987 and 1988. EPA does not find any Response: The dispersion model is Comment: A mass emissions limit evidence to conclude that the conservative because it predicts higher should be adopted by Puerto Rico. The nonattainment designation was made in concentrations than observed for almost 1.5 percent sulfur-in-fuel limit is not error. the entire set of observed data. The cost effective nor stringent enough to If indeed the area is attaining the graph in the Commonwealth’s PM10 show attainment. EQB has no PM10 NAAQS in the Municipality of plan comparing concentrations independent way of verifying sulfur-in- Guaynabo as a result of permanent predicted by the model with the fuel limits. reductions in emission, the observed data may not demonstrate this Response: There is no requirement Commonwealth can request a fact because the plotted predicted that a mass emission limit be used redesignation to attainment. Section 107 concentrations lack the background exclusively in state clean air plans. EPA (d)(3) of the Act specifies the procedures contribution from outside the modeled can approve a SIP revision as long as it and requirements for changing an area’s area of (approximately 31 ug/m3). When contains emission limits which are designation. The redesignation of an the concentrations predicted by the enforceable and which provide for area from nonattainment to attainment model are correctly included, however, attainment of the standards. The Act is an entirely separate procedure from the predicted concentrations are higher states ‘‘each implementation plan today’s SIP approval action. However, than the observed concentrations. Thus, submitted by a State * * * shall include one requirement of a redesignation is EPA concludes that the model generally enforceable emission limitations and that the Commonwealth has an over predicts PM10 concentrations and other control measures, means, or approved PM10 attainment SIP. A is conservative. This is further techniques * * * as well as schedules redesignation request, which may be supported by recent air quality and timetables for compliance, as may submitted at any time, would be measurements which show annual be necessary or appropriate to meet the processed expeditiously by EPA as a concentrations significantly well below applicable requirements of this Act, separate rulemaking. concentrations predicted by the model, section 110(a)(2)(A).’’ Comment: The location of EQB’s PM10 even after control measures have been The Puerto Rico SIP relies on a sulfur- air quality monitors are not enacted. in-fuel limit and a 20% opacity representative of the air in the The San Juan Airport site is limitation, both of which are remainder of the nonattainment area representative of the industrialized area enforceable. Further, the Agency has and in the surrounding areas of of Guaynabo since it is also located on collected emission data from a variety of Guaynabo. Monitors should be located the north coast of Puerto Rico and fuel oil burning power plants from in the center and southern end of the subject to the same land-sea effects on which the particulates can be Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations 28337 calculated. These factors are contained control technology that is reasonably in warm climates. In other parts of the in the Compilation of Air Pollutant available considering technological and country, (PM10 attainment and Emission Factors (AP–42), Supplement economic feasibility.’’ Congress nonattainment areas), 99.9% is F, emissions factor equation. These specified that nonattainment area plans routinely required. One commenter emissions were factored into the Puerto were to ‘‘require * * * reasonable argued that conditions at grain handling Rico plan and attainment with health further progress * * * including such facilities in Puerto Rico would prevent related ambient air quality standards reduction in emissions from existing 99.5% efficiency from being achieved. was demonstrated. sources in the area as may be obtained EPA has reviewed permits issued to EQB included in their SIP submittal through the adoption, at a minimum, of grain mills in warm climates and an Economic Feasibility Analysis of RACT.’’ determined that the 99.5% limit Alternative Emission Control Strategies Through modeling, EQB’s contractor proposed in the SIP is achievable on a in the Guaynabo Municipality. This demonstrated that emissions from the continuous basis providing there is document presented an analysis of the grain mills contributed in a large way to proper operation and maintenance of cost of reducing emissions in Guaynabo the violations of the PM10 air quality the control systems. and the cost effectiveness of alternative standard predicted by the model. Taking control strategies. this into consideration, EQB determined Environmental Justice Concerns EPA reviewed the document and that stringent RACT measures were Comment: Several commenters raised determined the costs of low sulfur needed at these facilities to show environmental justice concerns in their residual oil were accurate to determine attainment. comments. the cost effectiveness of controls EPA guidance identifies that Response: EPA recognizes that air applicable to PREPA. The analysis Industrial process fugitive particulate pollution sources in the SIP area raise showed that 1.0, 1.5, and 2.0 percent emissions are produced during all environmental justice issues, and EPA sulfur oils cost about the same for each phases of grain handling and processing has taken steps to address these ton of sulfur reduced, however, including: unloading, receiving, concerns in the SIP process. In according to the Economic Feasibility handling, drying, cleaning, milling, and particular, EPA has had meetings and Analysis provided with the SIP, it will land-out. EPA’s Control Techniques for contacts with affected communities and cost more than $6.6 million per year to Particulate Emissions from Stationary organizations, and intends to continue reduce the sulfur content from 1.5 to 1.0 Sources recommends that for grain these contacts as air programs are percent at the PREPA San Juan plant. handling and storage ‘‘the most common implemented and enforced. In addition, EQB has informed EPA that it has the control strategy is to enclose and hood EPA and other agencies such as the necessary equipment to analyze fuel the processing equipment or area with Centers for Disease Control have been samples. Compliance of the sulfur-in- ventilation to cyclones and filters.’’ assessing environmental health factors fuel limit will be verified by a variety Thus, the emission reductions that can in these communities. EPA will of methods. In accordance with the be obtained from this strategy depend continue to review progress in January 31, 1994 Memorandum Of upon both process modifications to implementing the SIP and other Understanding (MOU), PREPA and its optimize the capture efficiency of the environmental programs with respect to fuel supplier will send sampling data to ventilation system and the installation Executive Order 12898 and the EPA EQB. When the fuel supplier delivers of control devices. Environmental Justice Strategy. EQB determined that for a very dusty the fuel, it will send its analysis of the V. Summary fuel content to EQB. EQB can compare process such as Clamshell loading and the supplier’s analysis against reports unloading, RACT for this process would In this action, EPA is approving the from the facility. be the prohibition of Clamshell loading SIP revision submitted to EPA on In summary, the two procedures set and unloading and the utilization of November 14, 1993 and supplemented forth in the PM10 SIP, the sulfur-in-fuel telescopic loading spouts in a fully on March 18, 1994 and March 30, 1994 limit that correlates to a 0.08 #/MMBtu enclosed area with a ventilation system. by Puerto Rico for the Municipality of mass emission rate, and the 20% This control strategy is considered both Guaynabo PM10 nonattainment area. opacity restriction are easily measured, technologically and economically Specifically, EPA is approving the readily enforceable, and when feasible. EPA has verified this in emissions inventory, the control strategy combined with the other control discussions with grain facilities in the including RACM and RACT, the measures adopted by the United States who are currently using demonstration that the Municipality of Commonwealth, can demonstrate the telescopic loading spouts. Guaynabo PM10 nonattainment area will attainment of the PM10 NAAQS. The EPA has not been able to conclude attain the PM10 NAAQS by December Agency therefore has determined that that a ban on loading/unloading using 31, 1994 and maintain the PM10 NAAQS the limits provided can and should be clamshells is not an acceptable RACT through 1999, the NSR permit approved. determination. Telescoping loading provisions and the contingency spouts are used in the industry to load measures. EPA determined that PM10 RACT Determinations for Grain and unload grain or grain products. precursor controls are not needed for Handling Facilities However, EPA would object to a RACT attainment. EPA is approving the Comment: Puerto Rico’s ban on the determination that is less stringent than revisions to the Puerto Rico Regulations use of clamshell unloading of ships is could be technologically and for the Control of Atmospheric Pollution not supportable as RACT. The 99.9% economically justified. Should the which include the following: Part I; filtration efficiency required of grain Commonwealth decide in the future to Rule 102, ‘‘Definitions,’’ Part II; Rule mills is not technically achievable. propose an alternative to a ban on the 201, ‘‘Location Approval,’’ Rule 202, Response: The General Preamble for use of clamshells, the SIP could be ‘‘Air Quality Impact Analysis,’’ Rule the Implementation of Title I of the revised accordingly. 203, ‘‘Permit to Construct a Source,’’ Clean Air Act Amendments of 1990 The SIP requires the installation of and Part IV; Rule 401, ‘‘Generic defines RACT as ‘‘the lowest emission control equipment with a 99.5% Prohibitions,’’ Rule 402, ‘‘Open limitation that a particular source is efficiency. Upon review EPA has Burning,’’ Rule 403, ‘‘Visible capable of meeting by the application of concluded that this is achievable even Emissions,’’ Rule 404, ‘‘Fugitive Dust,’’ 28338 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations and Rule 423, ‘‘Limitations for the program provided for under sections § 52.2720 Identification of plan. Guaynabo PM10 Nonattainment Area.’’ 110(a)(2), 172(c), 173 and 189(a) of the * * * * * EPA is approving this PM10 SIP Clean Air Act. These rules may bind (c) * * * submittal in relation to its satisfying all state, local and tribal governments to (35) A revision submitted on Act requirements. perform certain actions and also require November 14, 1993 by the Chairman of Previously, the Governor of Puerto the private sector to perform certain the Puerto Rico Environmental Quality Rico was notified on December 16, 1991 duties. To the extent that the rules being Board (EQB) for the Municipality of by the EPA Regional Administrator that approved by this action would impose Guaynabo. The submittal was made to Puerto Rico had not submitted the PM10 any mandate upon the state, local or satisfy those moderate PM10 SIP requirements due on November 15, tribal governments either as the owner nonattainment area SIP requirements 1991. This action formally started both or operator of a source or as a regulator, due for the Municipality of Guaynabo as an 18-month Sanction clock and a 24- or would impose any mandate upon the outlined in the Clean Air Act of 1990. month Federal Implementation Plan private sector, EPA’s action would (i) Incorporation by reference: (FIP) clock. In a January 15, 1993 letter, impose no new requirements; such (A) Regulations: the Governor was notified that another sources are already subject to these (1) Amendments to Part I, Rule 102, 18-month Sanction clock and 24-month regulations under state law. ‘‘Definitions,’’ of the Puerto Rico FIP clock, for the failure to submit a Accordingly, no additional costs to Regulations for the Control of permit program for the NSR state, local, or tribal governments, or to Atmospheric Pollution, effective April requirements by June 30, 1992, had the private sector, result from this 2, 1994. begun. Since the November 14, 1993 action. EPA has also determined that (2) Amendments to Part II, Rule 201, submittal was found to be complete, the this final action does not include a ‘‘Location Approval,’’ Rule 202, ‘‘Air findings made on December 16, 1991 mandate that may result in estimated Quality Impact Analysis,’’ and Rule 203, and January 15, 1993 of non-submittal annual costs of $100 million or more to ‘‘Permit to Construct a Source,’’ of the have been corrected and no sanctions state, local, or tribal governments in the Puerto Rico Regulations for the Control will be imposed. With the approval of aggregate or to the private sector. of Atmospheric Pollution, effective this SIP revision, all Clean Air Act The Office of Management and Budget April 2, 1994. requirements have been met and it is no has exempted this action from review (3) Amendments to Part IV, Rule 401, longer necessary for EPA to adopt a FIP under Executive Order 12866. ‘‘Generic Prohibitions,’’ Rule 402, to address the PM10 deficiencies. Under section 307(b)(l) of the Act, ‘‘Open Burning,’’ Rule 403, ‘‘Visible This notice is issued as required by petitions for judicial review of this rule Emissions,’’ Rule 404, ‘‘Fugitive Dust,’’ Section 110 of the Clean Air Act, as must be filed in the United States Court and Rule 423, ‘‘Limitations for the amended. The Administrator’s decision of Appeals for the appropriate circuit Guaynabo PM10 Nonattainment Area,’’ regarding the approval of this plan within 60 days from date of publication. of the Puerto Rico Regulations for the revision is based on its meeting the Filing a petition for reconsideration by Control of Atmospheric Pollution, requirements of Section 110 of the Clean the Administrator of this final rule does effective April 2, 1994. Air Act, and 40 CFR Part 51. not affect the finality of this rule for the (B) Memoranda of Understanding The Agency has reviewed this request purposes of judicial review nor does it (MOU): for revision of the federally-approved extend the time within which a petition (1) MOU signed by the Chairman of SIP for conformance with the provisions for judicial review may be filed and EQB and the Executive Director of of the 1990 Amendments enacted on shall not postpone the effectiveness of Puerto Rico Electrical Power Authority, November 15, 1990. The Agency has such rule or action. This rule may not San Juan plant, limiting the sulfur-in- determined that this action conforms be challenged later in proceedings to fuel level, annual operation capacity, with those requirements irrespective of enforce its requirements. (See 307(b)(2)). and requiring the submittal of monthly the fact that the submittal preceded the List of Subjects in 40 CFR Part 52 sampling reports of its fuel’s sulfur date of enactment. content, effective January 31, 1994. Nothing in this rule should be Environmental protection, Air (2) MOU signed by the Chairman of construed as permitting or allowing or pollution control, Incorporation by EQB and the Secretary of Puerto Rico establishing a precedent for any future reference, Intergovernmental relations, Department of Transportation and request for revision to any SIP. Each Particulate matter, Reporting and Public Works and the Executive Director request for revision to any SIP shall be recordkeeping requirements, Sulfur of the Highway Authority to maintain considered separately in light of specific oxides. and control the reconstruction of technical, economic, and environmental Dated: May 14, 1995. existing roads and the construction of factors and in relation to relevant William J. Muszynski, new roads, effective July 2, 1993. statutory and regulatory requirements. (3) MOU signed by the Chairman of Under sections 202, 203, and 205 of Acting Regional Administrator. EQB and the Mayor of the Municipality the Unfunded Mandates Reform Act of Part 52, chapter I, title 40 of the Code of Guaynabo to pave and maintain the 1995 (‘‘Unfunded Mandates Act’’), of Federal Regulations is amended as streets, roads and parking areas located signed into law on March 22, 1995, EPA follows: in the Municipality of Guaynabo, must undertake various actions in PART 52Ð[AMENDED] effective December 13, 1993. association with proposed or final rules (4) MOU signed by the Chairman of that include a federal mandate that may 1. The authority citation for part 52 EQB and the Executive Director of the result in estimated annual costs of $100 continues to read as follows: Puerto Rico Port Authority to pave and million or more to the private sector, or Authority: 42 U.S.C. 7401–7671q. maintain the streets, roads, and parking to state, local, or tribal governments in areas that lead into the port area in the aggregate. Subpart BBBÐPuerto Rico Puerto Nuevo, Guaynabo and San Juan, Through submission of this state effective October 14, 1993. implementation plan or plan revision, 2. Section 52.2720 is amended by the state and any affected local or tribal adding new paragraph (c)(35) to read as [FR Doc. 95–13181 Filed 5–30–95; 8:45 am] governments have elected to adopt the follows: BILLING CODE 6560±50±P Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations 28339 40 CFR Part 52 rulemaking action, this action would be Copies of the redesignation request withdrawn. EPA received adverse and USEPA’s analysis are available for [SIPTRAX NO. DC23±1±6790a; FRL±5213± 1] comment within the prescribed public inspection during normal comment period. Therefore, EPA is business hours at the following address: Approval and Promulgation of Air withdrawing the May 2, 1995 final United States Environmental Protection Quality Implementation Plans; District rulemaking action pertaining to the Agency, Region 5, Air and Radiation of Columbia; Withdrawal of the Final District of Columbia SIP. All public Division, 77 West Jackson Boulevard Rule Pertaining to the Promulgation of comments received will be addressed in (AE–17J), Chicago, Illinois 60604; and the GSA Central and West Heating a subsequent rulemaking action based Office of Air and Radiation (OAR), Plants Implementation Plan on the proposed rule. Docket and Information Center (Air Docket (6102) Room M1500, United List of Subjects in 40 CFR Part 52 AGENCY: Environmental Protection States Environmental Protection Agency (EPA). Environmental protection, Air Agency, 401 M Street, S.W. Washington, ACTION: Withdrawal of Notice of Direct pollution control, Reporting and D.C., 20460. Final Rulemaking. recordkeeping requirements, Sulfur FOR FURTHER INFORMATION CONTACT: Oxides. Randy Robinson, Air Enforcement SUMMARY: On May 2, 1995, EPA Dated: May 18, 1995. Branch, Regulation Development published a final rule approving a Section (AE–17J), United States revision to the State implementation William T. Wisniewski, Acting Regional Administrator, Region III. Environmental Protection, Region 5, plan for the District of Columbia. The Chicago, Illinois 60604, (312) 353–6713. revision limits air pollution from two [FR Doc. 95–13283 Filed 5–30–95; 8:45 am] steam-generating facilities operated by BILLING CODE 6560±50±P SUPPLEMENTARY INFORMATION: the General Services Administration I. Summary of State Submittal (GSA) in the District of Columbia. This action was published without prior 40 CFR Parts 52 and 81 A request for redesignation to proposal because EPA anticipated no attainment for PM for the Rochester area adverse comment. Because EPA [MN±36±1±6752a; FRL±5202±1] of Olmsted County and for SO2 for the received adverse comments on this Twin Cities area (excluding the St. Paul Approval and Promulgation of action, EPA is withdrawing the May 2, Park area) was submitted by the MPCA Implementation Plans and Designation 1995 final rulemaking action pertaining on September 7, 1994. The submittal of Areas for Air Quality Planning to the State implementation plan for the was received by USEPA on September Purposes: Minnesota District of Columbia. 12, 1994. In addition to the redesignation requests, a revision to the EFFECTIVE DATE: May 31, 1995. AGENCY: Environmental Protection administrative order for RPU was Agency (USEPA). FOR FURTHER INFORMATION CONTACT: submitted to support the request for the David J. Campbell, Technical ACTION: Direct final rule. Rochester area. Assessment Section (3AT22), U.S. The Rochester area was designated as SUMMARY: On September 7, 1994, the Environmental Protection Agency, a moderate nonattainment area for PM Minnesota Pollution Control Agency Region III, 841 Chestnut Building, upon enactment of the Clean Air Act (MPCA) submitted a request for Philadelphia, Pennsylvania 19107, Amendments (CAAA) of 1990 (56 FR redesignation to attainment for phone: 215 597–9781. 56694, November 6, 1991). As required particulate matter (PM) in the Rochester SUPPLEMENTARY INFORMATION: On May 2, in the CAAA, revisions to the State portion of Olmsted County and sulfur 1995, EPA published a final rule to Implementation Plan (SIP) were dioxide (SO2) in the Air Quality Control approve a revision to the District of submitted on November 26, 1991, Region (AQCR) 131 Twin Cities and Columbia State implementation plan August 31, 1992, and November 13, Pine Bend areas (excluding the St. Paul (SIP) (60 FR 21453). The revision 1992. These revisions were approved by Park area). A revision to the consists of a September 8, 1994 USEPA on February 15, 1994 (59 FR administrative order for Rochester operating permit issued by the District 7218). of Columbia to GSA for its Central and Public Utilities (RPU) was also The AQCR 131 area of Minnesota was West Heating Plants. The permit submitted in support of the Olmsted designated primary nonattainment for County redesignation request. The establishes general operating procedures SO2 on March 3, 1978 (43 FR 8692). In and emission limitations at GSA’s USEPA is approving, through the use of response to the redesignation, the direct final rulemaking procedures, the Central Heating Plant (CHP) and West MPCA submitted a SO2 plan in August Heating Plant (WHP). EPA approved redesignation requests and the 1980. The USEPA published a final rule administrative order revision for RPU. this direct final rulemaking without approving the State’s SO2 Part D plan on prior proposal because the Agency EFFECTIVE DATES: This action will be April 8, 1981 (46 FR 20997). Subsequent viewed it as non-controversial and effective July 31, 1995 unless notice is monitored violations of the SO2 anticipated no adverse comments. The received by June 30, 1995, that someone National Ambient Air Quality Standards final rule was published in the Federal wishes to submit adverse or critical (NAAQS) prompted a 1982 notice of SIP Register with a provision for a 30 day comments. If the effective date is inadequacy for the Dakota County area comment period. At the same time, EPA delayed, timely notice will be published of AQCR 131. Also, as a result of the published a proposed rule which in the Federal Register. promulgation of the Good Engineering announced that this final rule would ADDRESSES: Written comments should stack height rule in 1985, the MPCA convert to a proposed rule in the event be addressed to: William L. MacDowell, identified modeled attainment problems that adverse comments were submitted Chief, Regulation Development Section, in other areas of AQCR 131. The to EPA within 30 days of publication of Air Enforcement Branch (AE–17J), submittal of a revised plan for the area the rule in the Federal Register (60 FR United States Environmental Protection was further delayed by the passage of 21489). By publishing a notice Agency, 77 West Jackson Boulevard, the CAAA in 1990. Final SO2 SIP announcing withdrawal of the final Chicago, Illinois 60604. revisions were submitted to USEPA in 28340 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations three parts. The plan for the majority of concentrations of PM did not violate the to reductions in emissions which are the AQCR 131 area was submitted May NAAQS. A more detailed discussion of permanent and enforceable. 29, 1992, and approved by USEPA on the modeling demonstration can be Section 107(d)(3)(E)(iv) states that April 14, 1994 (59 FR 17703). The plan found in the June 25, 1993, notice of USEPA may not promulgate a for the Pine Bend area (including the proposed rulemaking on the Rochester redesignation request to attainment Koch Refining Company) of Dakota PM SIP revision (58 FR 34297). That unless USEPA has fully approved a County was submitted on July 29, 1992, proposed rulemaking concluded that the maintenance plan for the area as and approved by USEPA on September air dispersion modeling met the meeting the requirements of section 9, 1994 (59 FR 46553). The plan for the appropriate requirements. 175A. St. Paul Park area (Ashland Petroleum Ambient air monitoring data for the Section 175A defines the general Company) of AQCR 131 was submitted years 1988 through the first quarter of framework of a maintenance plan as a on December 22, 1992, and was 1994, was submitted from a PM monitor SIP revision and that it must provide for approved on January 18, 1995 (60 FR located at 7th Street and West Silver maintenance of the NAAQS in the area 3544), effective March 20, 1995. Lake Drive. This data has been quality for at least 10 years after redesignation. The remainder of this rulemaking will assured and is available for review in Section 175A further states that the plan (1) evaluate the PM request for the Aerometric Information Retrieval shall contain such additional measures, redesignation including the revised System (AIRS), monitor number as may be necessary to ensure such administrative order, (2) detail a review 271090015. No monitored exceedances maintenance. In addition, the of the SO2 request for redesignation, and of the PM NAAQS have occurred in maintenance plan must contain (3) present the final rulemaking action. Olmsted County since the violation on contingency measures to promptly June 14, 1988, which precipitated the correct a violation of the NAAQS. II. Analysis of Submittal redesignation to nonattainment for the Maintenance Plan Particulate Matter Request Rochester area. Section 107(d)(3)(E)(ii) states that The primary components of a The State PM redesignation request USEPA may not promulgate a maintenance plan are (1) the attainment submittal consisted primarily of a redesignation to attainment unless inventory; (2) the maintenance maintenance plan and air quality USEPA has fully approved the area SIP demonstration; (3) verification of monitoring data. An administrative under section 110(k). The PM SIP for continued attainment; (4) the order was also included in the submittal the Rochester area of Olmsted County monitoring network; and (5) the in support of the maintenance was approved by USEPA on February contingency plan. demonstration. The submittal contained 15, 1994. The revised administrative Attainment Inventory text describing how the statutory order for RPU, submitted with the requirements were met. These redesignation requests and discussed The SIP revision submittal, approved requirements are detailed in Title I, more fully in a later section, is being on February 15, 1994, included a PM section 107(d)(3)(E) of the CAA. The approved in this direct final rulemaking. emission inventory as part of the specific criteria and how the State Section 107(d)(3)(E)(iii) states that modeling demonstration. The modeling complied with the requirements are USEPA may not promulgate a analysis showed that the level of detailed below. redesignation request to attainment emissions in the area was sufficient to Section 107(d)(3)(E)(i) requires a unless USEPA determines that ‘‘the attain the PM NAAQS. determination of whether the area has improvement in air quality is due to Maintenance Demonstration attained the NAAQS. The State used permanent and enforceable reductions both air quality monitoring data and a in emissions resulting from As stated previously, RPU is the dispersion modeling analysis to show implementation of the applicable primary source of PM in the that the area has attained the 24-hour implementation plan and applicable nonattainment area. An administrative and annual NAAQS of 150 µg/m3 and 50 Federal air pollutant control regulations order, issued to RPU, contains emission µg/m3, respectively. The modeling and other permanent and enforceable limits and operating restrictions which demonstration was included in the reductions.’’ were shown through the modeling proposed SIP revision initially The primary source of PM emissions demonstration to provide for attainment submitted to USEPA on November 26, in the Rochester nonattainment area is of the NAAQS. The administrative order 1991, and August 31, 1992. The RPU. An administrative order, which does not expire, therefore assuring that modeling was performed in accordance does not expire and which was emissions from RPU will not increase with the USEPA document entitled approved by USEPA on February 15, over the next 10 years. A significant part ‘‘Guideline on Air Quality Models, 1994, imposes emission limits and of the modeled attainment (Revised), including Supplement A,’’ operating restrictions upon the demonstration is the contribution made 1987. The Industrial Source Complex- Company. The initial order became from sources not included in the Short Term (ISCST) model was used for effective at the State level in November modeling inventory. The contribution the analysis. The modeling utilized 1992. The attainment demonstration from these sources is called the urban dispersion coefficient, 5 years of submitted with the proposed SIP background concentration and is added National Weather Service revision showed that the NAAQS for to the modeled concentration for a total meteorological data, regulatory default PM were not violated with the limits PM concentration. The background modeling options, and 100 meter and restrictions in effect. Ambient air concentrations for the 24-hour and spacing in high predicted impact areas. monitoring data shows there have been annual values were approximately 24 The demonstration explicitly modeled no exceedances since June 1988. µg/m3 and 12 µg/m3, respectively. impacts from Rochester Public Utilities, Additionally, in 1988, RPU emitted 14.0 Vehicle emissions represent a and added in a concentration tons of PM, compared to 1992 annual background source of PM that change representative of local background emissions of 8.9 tons. The information over time. The submittal projected a 14 sources. The analysis showed that, with presented by the State adequately percent increase in vehicle miles all control measures in operation, demonstrates that the improvement in traveled (VMT) for the period from 1990 modeled plus background air quality can reasonably be attributed to 2005, based on information from Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations 28341 Olmsted County. This percentage or USEPA and are to be implemented requested to be redesignated to increase, when applied entirely to VMT immediately upon a violation of the PM attainment. results in a 24-hour background value of NAAQS. Section 107(d)(3)(E)(iii) states that an 27 µg/m3, which results in a total area Section 107(d)(3)(E)(v) states that area may not be redesignated to concentration of about 132 µg/m3. This USEPA may not promulgate a attainment unless it is determined that is well below the NAAQS of 150 µg/m3. redesignation request to attainment the improvement in air quality is due to The new annual total area concentration unless the State has met all the permanent and enforceable reductions would be about 34 µg/m3, also well requirements applicable to the in emissions resulting from the below the NAAQS. To account for nonattainment area under section 110 implementation of applicable SIP limits future industrial growth, the State and part D. The State initially submitted and operating restrictions. The AQCR permitting process requires any PM revisions to its SIP for the Rochester 131 Twin cities area was originally source potentially emitting 25 tons a nonattainment area on November 26, designated nonattainment based on year to demonstrate, through dispersion 1991. The submittal was reviewed monitored violations of the NAAQS modeling, that attainment is met before against the requirements of the CAA, which occurred in the late seventies. the source may obtain a permit. Minor including section 110, section 189, and Many factors could have contributed to source growth will be checked through section 172. A final approval the improvement in air quality since ambient air monitoring, but is unlikely rulemaking, dated February 15, 1994, that time (e.g., better technology, lower to be significant enough to threaten the concluded that the submittal met the sulfur fuels, reduction in number of NAAQS given the current level of applicable requirements. sources). However, it can reasonably be modeled and monitored concentrations. determined that the enforceable Sulfur Dioxide Request emission limits, fuel quality Verification of Continued Attainment The request for redesignation to specifications, and operating restrictions Growth in the area will be monitored attainment for the Twin Cities and Pine that have been imposed on the by use of the following: tracking new Bend area of AQCR 131 included significant sources in the Twin Cities permit applications; tracking requests technical support information such as area have contributed greatly to, and are for permit amendments; review of ambient air monitoring data and air the primary reason for, the continued annual emission inventories required by dispersion modeling summaries. The attainment of the SO2 NAAQS in the all permitted facilities. request package referenced the area. The State submitted data showing Monitoring Network attainment demonstration which the percent reductions in emissions for supported the recently approved SIP the facilities which were issued The monitor currently in operation in administrative orders as part of the SIP the Rochester nonattainment area will revision submittals for the Twin Cities and Pine Bend areas. The request also revision. Those facilities are Federal remain operating to verify the Hoffman, Incorporated, GAF Building attainment status of the area. The describes how it meets the requirements of Section 107, Title I, of the CAA. The Materials Corporation, Minneapolis monitor will continue to operate in Energy Center, Incorporated, Northern accordance with 40 Code of Federal specific requirements, although listed above, are summarized again in this States Power Company-Riverside, Regulations Part 58, and the data will United Defense, L.P., Koch Refining continue to be reported in AIRS. section along with details of how the State complies with those requirements. Company and Sulfur Acid Unit Plant, Contingency Plan Section 107(d)(3)(E)(i) states that the Continental Nitrogen and Resources Company, and Northern States Power Section 175(A)(d) of the CAA requires Administrator may not promulgate a Company-Inver Hills. The reductions the submission of contingency redesignation of a nonattainment area to are primarily the result of tighter provisions to assure that the State will attainment unless the Administrator emission limits imposed by the promptly correct any violation of the determines that the area has attained the NAAQS. On May 29, 1992, and July 29, administrative orders. PM standard which occurs after the area Section 107(d)(3)(E)(iv) states that the 1992, the MPCA submitted SIP revisions has been redesignated to attainment. Administrator may not promulgate a for the Twin Cities and Pine Bend areas The administrative order for RPU redesignation to attainment unless the of AQCR 131. The SIP revision contains a contingency plan. A area has a fully approved maintenance submittals demonstrated attainment proposed amendment to the order was plan. The maintenance plan must meet with the SO2 NAAQS through the use of submitted so that the contingency plan the requirements of section 175(A) as air dispersion modeling. These shall be implemented if a violation of mentioned previously. The primary modeling demonstrations were found to the NAAQS is determined from requirement is for the SIP to provide for meet the applicable requirements (59 FR monitoring the area after the area has maintenance of the NAAQS for at least 17703 and 59 FR 46553). In addition to been designated attainment. Prior to the 10 years after the redesignation. amendment, the plan would be the modeled attainment demonstration, implemented if timely attainment failed ambient air monitoring data from the Maintenance Plan to occur. Thus, the amendment changes area network was included which The basic components needed to the triggering criteria but not the showed no violations. The most recent ensure proper maintenance of the substance of the contingency measures exceedances occurred in 1987. NAAQS are: attainment inventory, that were approved in the February 15, Section 107(d)(3)(E)(ii) states that an maintenance demonstration, verification 1994, final rulemaking. The contingency area may not be redesignated to of continued attainment, ambient air plan consists of applying a chemical attainment unless it has a fully monitoring network, and a contingency binding agent to the coal pile, along approved SIP under section 110(k). The plan. with appropriate recordkeeping, and, if SIP for the Twin Cities area was the violation is severe enough, wheel approved by USEPA on April 14, 1994. Attainment Inventory washing of vehicles leaving the coal The SIP revision for the Pine Bend area The air dispersion modeling included yard. These measures become was approved by USEPA on September in the May 29, 1992, and July 29, 1992, enforceable without further legislative 9, 1994. The combination of these two SIP submittals contained an emission or rulemaking action by either the State area SIPs comprises the region inventory of the significant SO2 sources 28342 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations in the Twin Cities and Pine Bend areas. measures for SO2 need only consist of request for revision to any SIP. USEPA The inventory was used in the computer a comprehensive program to identify shall consider each request for revision dispersion modeling analyses to sources of violations of the SO2 NAAQS to the SIP in light of specific technical, demonstrate attainment. The modeling and to undertake an aggressive followup economic, and environmental factors demonstrations met the appropriate for compliance and enforcement. The and in relation to relevant statutory and requirements. MPCA has the necessary enforcement regulatory requirements. and compliance programs, as well as Maintenance Demonstration and This action has been classified as a means by which to identify violators. Verification Table 2 action by the Regional Section 107(d)(3)(E)(v) states that the Administrator under the procedures The critical component of a Administrator may not redesignate an published in the Federal Register on maintenance demonstration is the area to attainment unless the area has January 19, 1989 (54 FR 2214–2225), as ability to project attainment for a period met the applicable requirements under revised by an October 4, 1993 of at least 10 years following the section 110 and Part D. It was memorandum from Michael H. Shapiro, redesignation. The MPCA relied on the determined in the final rulemaking Acting Assistant Administrator for Air dispersion modeling, submitted with approval of the Twin Cities and Pine and Radiation. The Office of the earlier SIP revisions, to demonstrate Bend area plans that the requirements Management and Budget exempted this that the limits and operating restrictions under section 110 and Part D were met. contained in the administrative orders regulatory action from Executive Order were adequate to reach attainment. The III. Rulemaking Action 12866 review. administrative orders are Federally The USEPA has evaluated the Under the Regulatory Flexibility Act, enforceable and do not expire. Future approvability of a request for 5 U.S.C. 600 et seq., USEPA must growth in the area will be monitored on redesignation to attainment for PM for prepare a regulatory flexibility analysis a regular basis through the State’s Rochester, MN, (including an assessing the impact of any proposed or permitting process. The permitting amendment to the administrative order final rule on small entities (5 U.S.C. 603 threshold for SO2 is 50 tons a year. for Rochester Public Utilities-Silver and 604). Alternatively, USEPA may Emission inventories must be submitted Lake Plant), and for SO2 for the Twin certify that the rule will not have a to the State on an annual basis. This Cities area and the Pine Bend area of significant impact on a substantial will allow for monitoring of inventory AQCR 131. The submittal is being number of small entities. Small entities changes and growth in the area. approved based on the determination include small businesses, small not-for- There are several reasons to expect that it meets the applicable profit enterprises, and government that future actual and estimated requirements of Title I of the CAA. The entities with jurisdiction over emissions of SO2 will not increase in the USEPA is also using this publication to populations of less than 50,000. Twin Cities and Pine Bend areas; correct codification information for the SIP approvals under section 110 and production and use of lower sulfur Dakota County, MN lead SIP revision subchapter I, part D of the CAA do not diesel fuel, reducing SO2 emissions to and redesignation approved on October create any new requirements, but avoid the permitting process, and the 18, 1994 (59 FR 52431). simply approve requirements that the The USEPA is publishing this action conservative nature of the air dispersion State is already imposing. Therefore, without prior proposal because USEPA modeling demonstration. because the Federal SIP approval does views this action as a noncontroversial not impose any new requirements, I Ambient Air Monitoring revision and anticipates no adverse certify that it does not have a significant The SO2 ambient air monitoring comments. However, USEPA is impact on any small entities affected. network, currently in place in the Twin publishing a separate document in this Moreover, due to the nature of the Cities and Pine Bend areas, will remain Federal Register publication, which Federal-State relationship under the in operation in order to continue constitutes a ‘‘proposed approval’’ of the CAA, preparation of a regulatory verification of attainment status and the requested SIP revision and clarifies that flexibility analysis would constitute data will continue to be reported in the rulemaking will not be deemed final Federal inquiry into the economic AIRS. if timely adverse or critical comments reasonableness of State action. The CAA are filed. The ‘‘direct final’’ approval Contingency Plan forbids USEPA to base its actions shall be effective on July 31, 1995, concerning SIPS on such grounds. Section 175A of the CAA requires that unless USEPA receives adverse or Union Electric Co. v. USEPA, 427 U.S. the maintenance plan include critical comments by June 30, 1995. 246, 256–66 (S.CT. 1976); 42 U.S.C. contingency provisions to correct any If USEPA receives comments adverse 7410(a)(2). violation of the NAAQS after to or critical of the approval discussed redesignation of the area. However, in above, USEPA will withdraw this Under Section 307(b)(1) of the Clean the proposed General Preamble for the approval before its effective date, and Air Act, petitions for judicial review of Implementation of Title I of the CAA publish a subsequent Federal Register this action must be filed in the United Amendments of 1990, (57 FR 13498), it notice which withdraws this final States Court of Appeals for the states that SO2 provisions require action. All public comments received appropriate circuit by July 31, 1995. special considerations. A primary will then be addressed in a subsequent Filing a petition for reconsideration by reason is that SO2 control methods are rulemaking notice. the Administrator of this final rule does well established and understood. This Any parties interested in commenting not affect the finality of this rule for the results in less uncertainty in the on this action should do so at this time. purposes of judicial review nor does it modeled attainment demonstrations. It If no such comments are received, extend the time within which a petition is considered unlikely that an area USEPA hereby advises the public that for judicial review may be filed, and would fail to attain the standards after this action will be effective on July 31, shall not postpone the effectiveness of it has demonstrated, through modeling, 1995. such rule or action. This action may not that attainment is reached after the Nothing in this action should be be challenged later in proceedings to limits and restrictions are fully construed as permitting, allowing or enforce its requirements. (See Section enforced. Therefore, contingency establishing a precedent for any future 307(b)(2).) Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations 28343 List of Subjects in 40 CFR Part 52 2. Section 52.1220 is amended by (1) The maintenance plan for lead for Air pollution control, Incorporation adding paragraph (c)(42) to read as Dakota County, submitted June 22, by reference, Particulate matter. follows. 1993. (2) The maintenance plan for § 52.1220 Identification of plan. List of Subjects in 40 CFR Part 81 particulate matter for Rochester, Air pollution control. * * * * * submitted September 7, 1994. (c) * * * Note—Incorporation by reference of the (3) The maintenance plan for sulfur State Implementation Plan for the State of (42) On September 7, 1994, the State dioxide for the Twin Cities area except Minnesota was approved by the Director of of Minnesota submitted a revision to its for the Ashland Refinery area, submitted the Federal Register on July 1, 1982. State Implementation Plan (SIP) for September 7, 1994. Dated: April 19, 1995. particulate matter for the Rochester area Valdas V. Adamkus, of Olmsted County, Minnesota. PART 81ÐDESIGNATION OF AREAS FOR AIR QUALITY PLANNING Regional Administrator. (i) Incorporation by reference. (A) Amendment Two to the PURPOSES Title 40 of the Code of Federal administrative order for the Silver Lake Regulations, Chapter I, parts 52 and 81, 1. The authority citation for part 81 Plant of Rochester Public Utilities, are amended as follows: continues to read as follows: located in Rochester, Minnesota, dated PART 52ÐAPPROVAL AND and effective August 31, 1994, Authority: 42 U.S.C. 7401–7671q. PROMULGATION OF submitted September 7, 1994. 2. In § 81.324, the table ‘‘Minnesota IMPLEMENTATION PLANS 3. Section 52.1229 is revised to read SO2’’ is amended by revising the entry as follows: § 52.1229 Maintenance of for ‘‘AQCR 131’’ to read as follows: 1. The authority citation for part 52 national standards. continues to read as follows: (a) USEPA has approved the following § 81.324 Minnesota. Authority: 42 U.S.C. 7401–7671q. maintenance plans: * * * * * MINNESOTAÐSO2 Does not Does not meet pri- meet sec- Cannot be Better than Designated area mary stand- ondary classified national ards standards standards AQCR 131: Anoka County ...... X Carver County ...... X Dakota County ...... X Hennepin County ...... X Ramsey County ...... X Scott County (part) The area bounded on the north by Interstate 494; on the west by Highway 52; on the south by a line from the intersection of Highway 52 and 56 east to the County Line; on the east by the County line ...... X Rest of Scott County ...... X Washington County (part) The area bounded on the west by the County line; on the south by a line extending from the County line east to 100th Street; on the east by Jamaica Avenue; on the north by Military Road and Interstate 494 ...... X Rest of Washington County ...... X ******* * * * * * for ‘‘Olmstead County’’ to read as § 81.324 Minnesota. 3. In § 81.324 the table ‘‘Minnesota follows: * * * * * PM10’’ is amended by revising the entry MINNESOTAÐPM10 Designation Classification Designated area Date Type Date Type ******* Olmsted County ...... July 31, 1995 ...... Attainment .... ******* * * * * * 4. In § 81.324 the table ‘‘Minnesota § 81.324 Minnesota Lead’’ is revised to read as follows: * * * * * 28344 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations MINNESOTAÐLEAD Designation Classification Designated area Date Type Date Type Dakota County ...... 12/19/94 Attainment .... Rest of State not designated. * * * * * sending electronic mail (e-mail) to: opp- and/or request a hearing with the [FR Doc. 95–13179 Filed 5–30–95; 8:45 am] [email protected]. Copies of Hearing Clerk, at the address given BILLING CODE 6560±50±P objections and hearing requests must be above (40 CFR 178.20). A copy of the submitted as an ASCII file avoiding the objections and/or hearing requests filed use of special characters and any form with the Hearing Clerk should be 40 CFR Part 180 of encryption. Copies of objections and submitted to the OPP docket for this hearing requests will also be accepted rulemaking. The objections submitted [PP 8F3671/R2137; FRL±4955±7] on disks in WordPerfect in 5.1 file must specify the provisions of the RIN 2070±AB78 format or ASCII file format. All copies regulation deemed objectionable and the of objections and hearing requests in grounds for the objections (40 CFR Alachlor; Pesticide Tolerance electronic form must be identified by 178.25). Each objection must be the docket number [PP 8F3671/R2137]. accompanied by the fee prescribed by AGENCY: Environmental Protection No Confidential Business Information 40 CFR 180.33(i). If a hearing is Agency (EPA). (CBI) should be submitted through e- requested, the objections must include a ACTION: Final rule. mail. Electronic copies of objections and statement of the factual issue(s) on hearing requests on this rule may be which a hearing is requested, the SUMMARY: This document establishes an filed online at many Federal Depository requestor’s contentions on such issues, increased tolerance for residues of the Libraries. Additional information on and a summary of any evidence relied herbicide alachlor (2-chloro-2’,6’- electronic submissions can be found upon by the objector (40 CFR 178.27). A diethyl-N-(methoxymethyl) acetanilide) below in this document. request for a hearing will be granted if and its metabolites in or on the raw FOR FURTHER INFORMATION CONTACT: the Administrator determines that the agricultural commodity (RAC) sorghum By material submitted shows the following: forage at 2.0 parts per million (ppm). mail: Robert J. Taylor, Product Manager, There is a genuine and substantial issue The Monsanto Co. requested the (PM 25), Registration Division (7505C), of fact; there is a reasonable possibility establishment of this maximum Environmental Protection Agency, 401 M St., SW., Washington, DC 20460. that available evidence identified by the permissible residue of the herbicide Office location and telephone number: requestor would, if established, resolve pursuant the Federal Food, Drug and Rm. 241, CM #2, 1921 Jefferson Davis one or more of such issues in favor of Cosmetic Act (FFDCA). Hwy., Arlington, VA 22202, (703)-305- the requestor, taking into account EFFECTIVE DATE: This regulation 6800; e-mail: uncontested claims or facts to the becomes effective May 31, 1995. [email protected]. contrary; and resolution of the factual ADDRESSES: Written objections and SUPPLEMENTARY INFORMATION: In the issue(s) in the manner sought by the hearing requests, identified by the Federal Register of April 12, 1995 (60 requestor would be adequate to justify document control number, [PP 8F3671/ FR 18558), EPA issued a proposed rule the action requested (40 CFR 178.32). R2137], may be submitted to: Hearing that gave notice that the Monsanto Co., A record has been established for this Clerk (1900), Environmental Protection 1101 17th St., NW., Washington, DC rulemaking under docket number [PP Agency, Rm. M3708, 401 M St., SW., 20036, proposed amending 40 CFR 8F3671/R2137] (including any Washington, DC 20460. Fees 180.249 by establishing a regulation to objections and hearing requests accompanying objections and hearing permit the residues of the herbicide submitted electronically as described requests shall be labeled ‘‘Tolerance alachlor (2-chloro-2’,6’-diethyl-N- below). A public version of this record, Petition Fees’’ and forwarded to: EPA (methoxymethyl) acetanilide) and its including printed, paper versions of Headquarters Accounting Operations metabolites in or or sorghum forage at electronic comments, which does not Branch, OPP (Tolerance Fees), P.O. Box 2.0 part per million (ppm). include any information claimed as CBI, 360277M, Pittsburgh, PA 15251. A copy There were no comments or requests is available for inspection from 8 a.m. to of any objections and hearing requests for referral to an advisory committee 4:30 p.m., Monday through Friday, filed with the Hearing Clerk should be received in response to the proposed excluding legal holidays. The public identified by the document control rule. record is located in Room 1132 of the number and submitted to: Public The data submitted with the proposal Public Response and Program Resources Response and Program Resources and other relevant material have been Branch, Field Operations Division Branch, Field Operations Division evaluated and discussed in the (7506C), Office of Pesticide Programs, (7506C), Office of Pesticide Programs, proposed rule. Based on the data and Environmental Protection Agency, Environmental Protection Agency, 401 information considered, the Agency Crystal Mall #2, 1921 Jefferson Davis M St., SW., Washington, DC 20460. In concludes that the tolerance will protect Highway, Arlington, VA. person, bring copy of objections and the public health. Therefore, the Written objections and hearing hearing requests to: Rm. 1132, CM #2, tolerance is established as set forth requests, identified by the document 1921 Jefferson Davis Hwy., Arlington, below. control number [PP 8F3671/R2137], VA 22202. Any person adversely affected by this may be submitted to the Hearing Clerk A copy of objections and hearing regulation may, within 30 days after (1900), Environmental Protection requests filed with the Hearing Clerk publication of this document in the Agency, Rm. 3708, 401 M St., SW., may also be submitted electronically by Federal Register, file written objections Washington, DC 20460. Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations 28345 A copy of electronic objections and statement to this effect was published in ADDRESSES: Written objections and hearing requests filed with the Hearing the Federal Register of May 4, 1981 (46 hearing requests, identified by the Clerk can be sent directly to EPA at: FR 24950). document control number, [PP 4F4280/ [email protected] R2135], may be submitted to: Hearing List of Subjects in 40 CFR Part 180 Clerk (1900), Environmental Protection A copy of electronic objections and Environmental protection, Agency, Rm. M3708, 401 M St., SW., hearing requests filed with the Hearing Administrative practice and procedure, Washington, DC 20460. Fees Clerk must be submitted as an ASCII file Agricultural commodities, Pesticides accompanying objections shall be avoiding the use of special characters and pests, Reporting and recordkeeping labeled ‘‘Tolerance Petition Fees’’ and and any form of encryption. requirements. forwarded to: EPA Headquarters The official record for this Dated: May 18, 1995. Accounting Operations Branch, OPP rulemaking, as well as the public (Tolerance Fees), P.O. Box 360277M, version, as described above will be kept Stephen L. Johnson, Pittsburgh, PA 15251. A copy of any in paper form. Accordingly, EPA will Director, Registration Division, Office of objections and hearing requests filed transfer any objections and hearing Pesticide Programs. with the Hearing Clerk should be requests received electronically into Therefore, 40 CFR part 180 is identified by the document control printed, paper form as they are received amended as follows: number and submitted to: Public and will place the paper copies in the Response and Program Resources official rulemaking record which will PART 180Ð[AMENDED] Branch, Field Operations Division also include all objections and hearing (7506C), Office of Pesticide Programs, requests submitted directly in writing. 1. The authority citation for part 180 continues to read as follows: Environmental Protection Agency, 401 The official rulemaking record is the M St., SW., Washington, DC 20460. In paper record maintained at the address Authority: 21 U.S.C. 346a and 371. person, bring copy of objections and in ADDRESSES at the beginning of this 2. In § 180.249, by amending the table hearing requests to Rm. 1132, CM #2, document. therein by revising the entry for 1921 Jefferson Davis Hwy., Arlington, Under Executive Order 12866 (58 FR sorghum forage, to read as follows: VA 22202. 51735, Oct. 4, 1993), the Agency must A copy of objections and hearing determine whether the regulatory action § 180.249 Alachlor; tolerances for requests filed with the Hearing Clerk residues. is ‘‘significant’’ and therefore subject to may also be submitted electronically by review by the Office of Management and * * * * sending electronic mail (e-mail) to: opp- Budget (OMB) and the requirements of * [email protected]. Copies of the Executive Order. Under section 3(f), objections and hearing requests must be the order defines a ‘‘significant Parts per Commodity million submitted as an ASCII file avoiding the regulatory action’’ as an action that is use of special characters and any form likely to result in a rule (1) having an of encryption. Copies of objections and annual effect on the economy of $100 ***** hearing requests will also be accepted million or more, or adversely and Sorghum, forage ...... 2.0 on disks in WordPerfect in 5.1 file materially affecting a sector of the format or ASCII file format. All copies economy, productivity, competition, ***** of objections and hearing requests in jobs, the environment, public health or electronic form must be identified by safety, or State, local, or tribal [FR Doc. 95–13249 Filed 5–30–95; 8:45 am] the docket number [PP 4F4280/R2135]. governments or communities (also BILLING CODE 6560±50±F No Confidential Business Information referred to as ‘‘economically (CBI) should be submitted through e- significant’’); (2) creating serious mail. Electronic copies of objections and inconsistency or otherwise interfering 40 CFR Part 180 hearing requests on this rule may be with an action taken or planned by filed online at many Federal Depository another agency; (3) materially altering [PP 4F4280/R2135; FRL±4954±4] Libraries. Additional information on the budgetary impacts of entitlement, RIN 2070±AB78 electronic submissions can be found grants, user fees, or loan programs or the below in this document. rights and obligations of recipients Benzoic Acid; Pesticide Tolerance thereof; or (4) raising novel legal or FOR FURTHER INFORMATION CONTACT: By policy issues arising out of legal AGENCY: Environmental Protection mail: Richard P. Keigwin, Jr., Product mandates, the President’s priorities, or Agency (EPA). Manager (PM) 10, Registration Division the principles set forth in this Executive ACTION: Final rule. (7505C), Office of Pesticide Programs, Order. Environmental Protection Agency, 401 Pursuant to the terms of the Executive SUMMARY: This document establishes a M St., SW., Washington, DC 20460. Order, EPA has determined that this tolerance for residues of the insecticide Office location and telephone number: rule is not ‘‘significant’’ and is therefore benzoic acid, 3,5-dimethyl-1-(1,1- Rm. 214, CM #2, 1921 Jefferson Davis not subject to OMB review. dimethylethyl)-2-(4- Highway, Arlington, VA 22202, (703)- Pursuant to the requirements of the ethylbenzoyl)hydrazide, in or on the 305-7001; e-mail: Regulatory Flexibility Act (Pub. L. 96- raw agricultural commodity walnuts. [email protected]. 354, 94 Stat. 1164, 5 U.S.C. 601-612), The Rohm & Haas Co. requested this SUPPLEMENTARY INFORMATION: EPA the Administrator has determined that regulation pursuant to the Federal Food, issued a notice, published in the regulations establishing new tolerances Drug and Cosmetic Act (FFDCA). The Federal Register of April 5, 1995 (60 FR or raising tolerance levels or regulation establishes a maximum 17357), which announced that Rohm & establishing exemptions from tolerance permissible level for residues of benzoic Haas Co. had submitted pesticide requirements do not have a significant acid in or on the commodity. petition PP 4F4280 to EPA requesting economic impact on a substantial EFFECTIVE DATE: This regulation that the Administrator, pursuant to number of small entities. A certification becomes effective May 31, 1995. section 408(d) of the Federal Food, 28346 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations Drug, and Cosmetic Act (FFDCA), 21 ethylbenzoyl)hydrazide on walnuts for A record has been established for this U.S.C. 346a(d), establish a tolerance for the overall U.S. population is less than rulemaking under docket number [PP residues of the insecticide benzoic acid, 0.000001 mg/kg/day and represents 4F4280/R2135] (including objections 3,5-dimethyl-1,1-(1,1-dimethylethyl)-2- 0.003% of the RfD. The TMRC for the and hearing requests submitted (4-ethylbenzoyl)hydrazide, in or on the highest exposed subgroup, children electronically as described below). A raw agricultural commodity walnuts at (ages 1 6 years old), is less than public version of this record, including 0.1 part per million (ppm). 0.000001 mg/kg/day and represents printed, paper versions of electronic The scientific data submitted in the 0.008% of the RfD. comments, which does not include any petition and other relevant material The metabolism of benzoic acid, 3,5- information claimed as CBI, is available have been evaluated. The toxicological dimethyl-1-(1,1dimethylethyl)-2-(4- for inspection from 8 a.m. to 4:30 p.m., data considered in support of the ethylbenzoyl)hyrazide, is adequately Monday through Friday, excluding legal tolerance include: understood. An adequate analytical holidays. The public record is located in 1. A 1-year dog feeding study with a method, HPLC separation with UV Rm. 1132 of the Public Response and lowest-observable-effect level (LOEL) of detection, is available for enforcement Program Resources Branch, Field 250 ppm (9 mg/kg/day for male and purposes and is being provided to FDA Operations Division (7506C), Office of female dogs ) based on decreases in for inclusion in the Pesticide Analytical Pesticide Programs, Environmental RBC, HCT, and HGB, increases in Heinz manual, Vol. II. Protection Agency, Crystal Mall #2, bodies, methemoglobin, MCV, MCH, There are currently no actions 1921 Jefferson Davis Highway, reticulocytes, platelets, plasma total pending against the registration of this Arlington, VA. bilirubin, spleen weight, and spleen/ chemical. There is no expectation of Written objections and hearing body weight ratio, and liver weight and residues occurring in meat, milk, requests, identified by the document liver/body weight ratio. Hematopoiesis poultry, or eggs from this tolerance. control number [PP 4F4280/R2135], and sinusoidal engorgement occurred in Based on the information and data may be submitted to the Hearing Clerk (1900), Environmental Protection the spleen, and hyperplasia occurred in considered, the Agency has determined Agency, Rm. 3708, 401 M St., SW., the marrow of the femur and sternum. that the tolerance established by The liver showed an increased pigment Washington, DC 20460. amending 40 CFR part 180 will protect A copy of electronic objections and in the Kupffer cells. The no-observable- the public health. Therefore, the effect level (NOEL) for systemic toxicity hearing requests can be sent directly to tolerance is established as set forth EPA at: in both sexes is 50 ppm (1.9 mg/kg/day). below. 2. An 18-month mouse [email protected] Any person adversely affected by this carcinogenicity study with no regulation may, within 30 days after carcinogenicity observed at dosage A copy of electronic objections and publication of this document in the levels up to and including 1,000 ppm. hearing requests must be submitted as 3. A 2-year rat carcinogenicity study Federal Register, file written objections an ASCII file avoiding the use of special with no carcinogenicity observed at to the regulation and may also request characters and any form of encryption. dosage levels up to and including 2,000 a hearing on those objections. The official record for this ppm (97 mg/kg/day and 125 mg/kg/day Objections and hearing requests must be rulemaking, as well as the public for males and females, repectively). filed with the Hearing Clerk, at the version, as described above will be kept 4. A two-generation rat reproduction address given above (40 CFR 178.20). A in paper form. Accordingly, EPA will study with a NOEL of 150 ppm (12.1 copy of the objections and/or hearing transfer any objections and hearing mg/kg/day) for reproductive effects requests filed with the Hearing Clerk requests received electronically into compared to a systemic NOEL of 10 should be submitted to the OPP docket printed, paper form as they are received ppm (0.85 mg/kg/day). for this rulemaking. The objections and will place the paper copies in the 5. A rat developmental study with a submitted must specify the provisions official rulemaking record which will NOEL of 1,000 mg/kg/day for of the regulation deemed objectionable also include all objections and hearing developmental toxicity. and the grounds for the objections (40 requests submitted directly in writing. 6. A rabbit developmental study with CFR 178.25). Each objection must be The official rulemaking record is the a NOEL of 1,000 mg/kg/day for accompanied by the fee prescribed by paper record maintained at the address developmental toxicity. 40 CFR 180.33(i). If a hearing is in ADDRESSES at the beginning of this 7. Several mutagenicity tests which requested, the objections must include a document. were all negative. These include an statement of the factual issue(s) on Under Executive Order 12866 (58 FR Ames assay with and without metabolic which a hearing is requested, the 51735, October 4, 1993), the Agency activation, an in vivo cytogenetic assay requestor’s contentions on such issues, must determine whether the regulatory in rat bone marrow cells, an in vitro and a summary of any evidence relied action is ‘‘significant’’ and therefore chromosome aberration assay in CHO upon by the objector (40 CFR 178.27). A subject to all the requirements of the cells, a CHO/HGPRT assay, a reverse request for a hearing will be granted if Executive Order (i.e., Regulatory Impact mutation assay with E. coli, and an the Administrator determines that the Analysis, review by the Office of unscheduled DNA synthesis assay material submitted shows the following: Management and Budget (OMB)). Under (UDS) in rat hepatocytes. There is genuine and substantial issue section 3(f), the order defines The reference dose (RfD), for chronic of fact; there is a reasonable possibility ‘‘significant’’ as those actions likely to toxicity as defined in a 1-year chronic that available evidence identified by the lead to a rule (1) having an annual effect dog study is 0.019 mg/kg/day based requestor would, if established, resolve on the economy of $100 million or upon a NOEL of 1.9 mg/kg/day in dogs one or more of such issues in favor of more, or adversely and materially of both sexes and applying an the requestor, taking into account affecting a sector of the economy, uncertainty factor of 100. The uncontested claims or facts to the productivity, competition, jobs, the theoretical maximum residue contrary; and resolution of the factual environment, public health or safety, or contribution (TMRC) for this first food issue(s) in the manner sought by the State, local or tribal governments or use of benzoic acid, 3,5-dimethyl-1-(1,1- requestor would be adequate to justify communities (also known as dimethylethyl)-2-(4- the action requested (40 CFR 178.32). ‘‘economically significant’’); (2) creating Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations 28347 serious inconsistency or otherwise 40 CFR Part 180 the docket number [PP 2E4051/R2136]. interfering with an action taken or No Confidential Business Information planned by another agency; (3) [PP 2E4051/R2136; FRL±4955±5] (CBI) should be submitted through e- materially altering the budgetary RIN 2070±AB78 mail. Electronic copies of objections and impacts of entitlement, grants, user fees, hearing requests on this rule may be or loan programs; or (4) raising novel Difenoconazole; Pesticide Tolerances filed online at many Federal Depository legal or policy issues arising out of legal Libraries. Additional information on mandates, the President’s priorities, or AGENCY: Environmental Protection electronic submissions can be found the principles set forth in this Executive Agency (EPA). below in this document. Order. ACTION: Final rule. FOR FURTHER INFORMATION CONTACT: By Pursuant to the terms of this mail: James Stone, Acting Product SUMMARY: This document establishes Executive Order, EPA has determined Manager (PM) 22, Registration Division import tolerances for residues of the that this rule is not ‘‘significant’’ and is (7505C), Environmental Protection fungicide difenoconazole in or on the therefore not subject to OMB review. Agency, 401 M St., SW., Washington, raw agricultural commodities barley DC 20460. Office location and telephone Pursuant to the requirements of the grain, rye grain, and wheat grain at 0.1 number: Rm. 259, 1921 Jefferson Davis Regulatory Flexibility Act (Pub. L. 96- part per million (ppm); fat, meat, and Hwy., Arlington, VA 22202, (703)-305- 354, 94 Stat. 1164, 5 U.S.C. 601-612), meat byproducts of cattle, goats, hogs, 7391; e-mail: the Administrator has determined that horses, poultry, and sheep and eggs at [email protected]. regulations establishing new tolerances 0.05 ppm; and milk at 0.01 ppm. Ciba- SUPPLEMENTARY INFORMATION: In the or raising tolerance levels or Geigy Corp. requested this regulation Federal Register of April 12, 1995 (60 establishing exemptions from tolerance pursuant to the Federal Food, Drug and FR 18555), EPA issued a proposed rule requirements do not have a significant Cosmetic Act (FFDCA). The regulation that gave notice that Ciba-Geigy Corp., economic impact on a substantial establishes the maximum permissible P.O. Box 18300, Greensboro, NC 27419- number of small entities. A certification level for residues of the fungicide in or 8300, had petitioned EPA under section statement to this effect was published in on the commodities. 408 of the FFDCA, 21 U.S.C. 346a, to the Federal Register of May 4, 1981 (46 EFFECTIVE DATE: This regulation FR 24950). establish import tolerances under 40 becomes effective May 31, 1995. CFR 180.475 for residues of the List of Subjects in 40 CFR Part 180 ADDRESSES: Written objections and fungicide difenoconazole, [(2S,4R)/ hearing requests, identified by the (2R,4S)]/[(2R,4R/2S,4S)] 1-(2-[4-(4- Environmental protection, document control number, [PP 2E4051/ chlorophenoxy)-2-chlorophenyl]-4- Administrative practice and procedure, R2136], may be submitted to: Hearing methyl-1,3-dioxolan-2-yl-methyl)-1H- Agricultural commodities, Pesticides Clerk (1900), Environmental Protection 1,2,4-triazole, in or on the raw and pests, Reporting and recordkeeping Agency, Rm. M3708, 401 M St., SW., agricultural commodities (RACs) barley requirements. Washington, DC 20460. Fees grain, rye grain, and wheat grain at 0.1 Dated: May 12, 1995. accompanying objections and hearing ppm; fat, meat, and meat byproducts requests shall be labeled ‘‘Tolerance (mbyp) of cattle, goats, hogs, horses, Daniel M. Barolo, Petition Fees’’ and forwarded to: EPA poultry, and sheep and eggs at 0.04 Director, Office of Pesticide Programs. Headquarters Accounting Operations ppm; and milk at 0.01 ppm. Therefore, 40 CFR part 180 is Branch, OPP (Tolerance Fees), P.O. Box There were no comments or requests amended as follows: 360277M, Pittsburgh, PA 15251. A copy for referral to an advisory committee of any objections and hearing requests received in response to the proposed PART 180Ð[AMENDED] filed with the Hearing Clerk should be rule. identified by the document control The data submitted with the proposal 1. The authority citation for part 180 number and submitted to: Public and other relevant material have been continues to read as follows: Response and Program Resources evaluated and discussed in the Branch, Field Operations Division proposed rule. Based on the data and Authority: 21 U.S.C. 346a and 371. (7506C), Office of Pesticide Programs, information considered, the Agency 2. By adding new § 180.842, to read as Environmental Protection Agency, 401 concludes that the tolerances will follows: M St., SW., Washington, DC 20460. In protect the public health. Therefore, the person, bring copy of objections and tolerances are established as set forth § 180.842 Benzoic acid; tolerances for hearing requests to: Rm. 1132, CM #2, below. residues. 1921 Jefferson Davis Hwy., Arlington, Any person adversely affected by this A tolerance is established for residues VA 22202. regulation may, within 30 days after of the insecticide benzoic acid, 3,5- A copy of objections and hearing publication of this document in the dimethyl-1-(1,1-dimethylethyl)-2-(4- requests filed with the Hearing Clerk Federal Register, file written objections ethylbenzoyl)hydrazide, in or on the may also be submitted electronically by and/or request a hearing with the following raw agricultural commodity: sending electronic mail (e-mail) to: opp- Hearing Clerk, at the address given [email protected]. Copies of above (40 CFR 178.20). A copy of the Parts per objections and hearing requests must be objections and/or hearing requests filed Commodity million submitted as an ASCII file avoiding the with the Hearing Clerk should be use of special characters and any form submitted to the OPP docket for this of encryption. Copies of objections and rulemaking. The objections submitted Walnuts ...... 0.1 hearing requests will also be accepted must specify the provisions of the on disks in WordPerfect in 5.1 file regulation deemed objectionable and the format or ASCII file format. All copies grounds for the objections (40 CFR [FR Doc. 95–13250 Filed 5–30–95; 8:45 am] of objections and hearing requests in 178.25). Each objection must be BILLING CODE 6560±50±F electronic form must be identified by accompanied by the fee prescribed by 28348 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations 40 CFR 180.33(i). If a hearing is paper record maintained at the address Authority: 21 U.S.C. 346a and 371. requested, the objections must include a in ADDRESSES at the beginning of this 2. In § 180.475, by adding new statement of the factual issue(s) on document. paragraph (c), to read as follows: which a hearing is requested, the Under Executive Order 12866 (58 FR requestor’s contentions on such issues, 51735, Oct. 4, 1993), the Agency must § 180.475 Difenoconazole; tolerances for and a summary of any evidence relied determine whether the regulatory action residues. upon by the objector (40 CFR 178.27). A is ‘‘significant’’ and therefore subject to * * * * request for a hearing will be granted if review by the Office of Management and * the Administrator determines that the Budget (OMB) and the requirements of (c) Tolerances are established for material submitted shows the following: the Executive Order. Under section 3(f), difenoconazole, [(2S,4R)/(2R,4S)]/ There is a genuine and substantial issue the order defines a ‘‘significant [(2R,4R/2S,4S)] 1-(2-[4-(4- of fact; there is a reasonable possibility regulatory action’’ as an action that is chlorophenoxy)-2-chlorophenyl]-4- that available evidence identified by the likely to result in a rule (1) having an methyl-1,3-dioxolan-2-yl-methyl)-1H- requestor would, if established, resolve annual effect on the economy of $100 1,2,4-triazole, in or on the following raw one or more of such issues in favor of million or more, or adversely and agricultural commodities: the requestor, taking into account materially affecting a sector of the uncontested claims or facts to the economy, productivity, competition, Commodity Parts per contrary; and resolution of the factual jobs, the environment, public health or million issue(s) in the manner sought by the safety, or State, local, or tribal 1 requestor would be adequate to justify Barley, grain ...... 0.1 governments or communities (also Cattle, fat ...... 0.05 the action requested (40 CFR 178.32). referred to as ‘‘economically Cattle, meat ...... 0.05 A record has been established for this significant’’); (2) creating serious Cattle, mbyp ...... 0.05 rulemaking under docket number [PP inconsistency or otherwise interfering Eggs ...... 0.05 2E4051/R2136] (including any with an action taken or planned by Goats, fat ...... 0.05 objections and hearing requests another agency; (3) materially altering Goats, meat ...... 0.05 submitted electronically as described the budgetary impacts of entitlement, Goats, mbyp ...... 0.05 below). A public version of this record, grants, user fees, or loan programs or the Hogs, fat ...... 0.05 including printed, paper versions of rights and obligations of recipients Hogs, meat ...... 0.05 electronic comments, which does not Hogs, mbyp ...... 0.05 thereof; or (4) raising novel legal or Horses, fat ...... 0.05 include any information claimed as CBI, policy issues arising out of legal is available for inspection from 8 a.m. to Horses, meat ...... 0.05 mandates, the President’s priorities, or Horses, mbyp ...... 0.05 4:30 p.m., Monday through Friday, the principles set forth in this Executive Milk ...... 0.01 excluding legal holidays. The public Order. Poultry, fat ...... 0.05 record is located in Room 1132 of the Pursuant to the terms of the Executive Poultry, meat ...... 0.05 Public Response and Program Resources Order, EPA has determined that this Poultry, mbyp ...... 0.05 Branch, Field Operations Division rule is not ‘‘significant’’ and is therefore Rye, grain1 ...... 0.1 (7506C), Office of Pesticide Programs, not subject to OMB review. Sheep, fat ...... 0.05 Environmental Protection Agency, Pursuant to the requirements of the Sheep, meat ...... 0.05 Crystal Mall #2, 1921 Jefferson Davis Sheep, mbyp ...... 0.05 Regulatory Flexibility Act (Pub. L. 96- Wheat, grain ...... 0.1 Highway, Arlington, VA. 354, 94 Stat. 1164, 5 U.S.C. 601-612), Written objections and hearing the Administrator has determined that 1There are no U.S. registrations as of April requests, identified by the document regulations establishing new tolerances 12, 1995. control number [PP 2E4051/R2136], or raising tolerance levels or may be submitted to the Hearing Clerk [FR Doc. 95–13248 Filed 5–30–95; 8:45 am] establishing exemptions from tolerance BILLING CODE 6560±50±F (1900), Environmental Protection requirements do not have a significant Agency, Rm. 3708, 401 M St., SW., economic impact on a substantial Washington, DC 20460. number of small entities. A certification A copy of electronic objections and 40 CFR Part 180 statement to this effect was published in hearing requests filed with the Hearing the Federal Register of May 4, 1981 (46 [PP 3F4167/R2129; FRL±4952±2] Clerk can be sent directly to EPA at: [email protected] FR 24950). RIN 2070±AB78 List of Subjects in 40 CFR Part 180 A copy of electronic objections and Environmental protection, Tebuconazole; Pesticide Tolerance hearing requests filed with the Hearing Administrative practice and procedure, AGENCY: Environmental Protection Clerk must be submitted as an ASCII file Agricultural commodities, Pesticides Agency (EPA). avoiding the use of special characters and pests, Reporting and recordkeeping and any form of encryption. requirements. ACTION: Final rule. The official record for this rulemaking, as well as the public Dated: May 18, 1995. SUMMARY: This rule establishes a version, as described above will be kept Stephen L. Johnson, tolerance of 0.05 part per million (ppm) for residues of the fungicide in paper form. Accordingly, EPA will Director, Registration Division, Office of transfer any objections and hearing Pesticide Programs. tebuconazole (alpha-[2-(4- requests received electronically into chlorophenyl)-ethyl]-alpha-(1,1- printed, paper form as they are received Therefore, 40 CFR part 180 is dimethylethyl)-1H-1,2,4-triazole-1- and will place the paper copies in the amended as follows: ethanol) in or on the raw agricultural official rulemaking record which will PART 180Ð[AMENDED] commodity bananas. Miles, Inc., also include all objections and hearing submitted a petition pursuant to the requests submitted directly in writing. 1. The authority citation for part 180 Federal Food, Drug and Cosmetic Act The official rulemaking record is the continues to read as follows: (FFDCA) for the regulation to establish Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations 28349 a maximum permissible level for Inc., Agricultural Division (formerly 5. A rat oral developmental toxicity residues of the fungicide. Mobay Corp., Agricultural Chemicals study with a maternal NOEL of 30 mg/ EFFECTIVE DATE: This regulation Division), P.O. Box 4913, Kansas City, kg bw/day and a LEL of 60 mg/kg bw/ becomes effective May 31, 1995. MO 64120-0013, had submitted day based on elevation of absolute and ADDRESSES: Written objections and pesticide petition (PP) 3F4167 to EPA relative liver weights. For hearing requests, identified by the requesting that the Administrator, developmental toxicity, a NOEL of 30 document control number, [PP 3F4167/ pursuant to section 408(d) of the Federal mg/kg bw/day and an LEL of 60 mg/kg R2129], may be submitted to: Hearing Food, Drug, and Cosmetic Act (FFDCA), bw/day was determined, based on Clerk (1900), Environmental Protection 21 U.S.C. 346a(d), establish a tolerance delayed ossification of thoracic, cervical Agency, Rm. M3708, 401 M St., SW., for residues of the fungicide and sacral vertebrae, sternum, fore and Washington, DC 20460. Fees tebuconazole (alpha-[2-(4- hind limbs and increase in accompanying objections shall be chlorophenyl)-ethyl]-alpha-(1,1- supernumerary ribs. labeled ‘‘Tolerance Petition Fees’’ and dimethylethyl)-1H-1,2,4-triazole-1- 6. A rabbit oral developmental forwarded to: EPA Headquarters ethanol) in or on the raw agricultural toxicity study with a maternal NOEL of Accounting Operations Branch, OPP commodity bananas at 0.05 ppm. 30 mg/kg bw/day and an LEL of 100 mg/ (Tolerance Fees), P.O. Box 360277M, There were no comments received in kg bw/day based on depression of body Pittsburgh, PA 15251. A copy of any response to the notice of filing. The weight gains and food consumption. A objections and hearing requests filed scientific data submitted in the petition developmental NOEL of 30 mg/kg bw/ with the Hearing Clerk should be and other relevant material have been day and an LEL of 100 mg/kg bw/day identified by the document control evaluated. The toxicological data were based on increased post- number and submitted to: Public considered in support of the tolerance implantation losses, from both early and Response and Program Resources include: late resorptions and frank Branch, Field Operations Division 1. A 90-day rat feeding study with a malformations in eight fetuses of five (7506C), Office of Pesticide Programs, no-observed-effect-level (NOEL) of 34.8 litters. Environmental Protection Agency, 401 milligrams per kilogram of body weight 7. A mouse oral developmental M St., SW., Washington, DC 20460. In per day (mg/kg bw/day) (400 ppm) and toxicity study with a maternal NOEL of a lowest-effect-level (LEL) of 171.7 mg/ person, bring copy of objections and 10 mg/kg bw/day and an LEL of 20 mg/ kg bw/day (1,600 ppm) in males, based hearing requests to Rm. 1132, CM #2, kg bw/day based on a supplementary on decreased body weight gains and 1921 Jefferson Davis Hwy., Arlington, study indicating reduction in hematocrit histological changes in the adrenals. For VA 22202. and histological changes in liver. A females, the NOEL was 10.8 mg/kg bw/ A copy of objections and hearing developmental NOEL of 10 mg/kg bw/ day (100 ppm), and the LEL was 46.5 requests filed with the Hearing Clerk day and an LEL of 30 mg/kg bw/day mg/kg bw/day (400 ppm) based on may also be submitted electronically by based on dose-dependent increases in decreased body weights, decreased body sending electronic mail (e-mail) to: opp- runts/dam at 30 and 100 mg/kg bw/day. weight gains, and histological changes [email protected]. Copies of 8. A mouse dermal developmental objections and hearing requests must be in the adrenals. 2. A 90-day dog feeding study with a toxicity study with a maternal NOEL of submitted as an ASCII file avoiding the NOEL of 200 ppm (73.7 mg/kg bw/day 30 mg/kg bw/day and an LEL of 60 mg/ use of special characters and any form in males and 73.4 mg/kg bw/day in kg bw/day based on a supplementary of encryption. Copies of objections and females) and a LEL of 1,000 ppm (368.3 study indicating increased liver hearing requests will also be accepted mg/kg bw/day in males and 351.8 mg/ microsomal enzymes and histological on disks in WordPerfect in 5.1 file kg bw/day in females). The LEL was changes in liver. The NOEL for format or ASCII file format. All copies based on decreases in mean body developmental toxicity in the dermal of objections and hearing requests in weights, body weight gains, and food study in the mouse is 1,000 mg/kg bw/ electronic form must be identified by consumption, and an increase in liver day, the highest dose tested (HDT). the docket number [PP 3F4167/R2129]. N-demethylase activity. 9. A two-generation rat reproduction No Confidential Business Information 3. A 1-year dog feeding study with a study with a dietary maternal NOEL of (CBI) should be submitted through e- NOEL of 1 mg/kg bw/day (40 ppm) and 15 mg/kg bw/day (300 ppm) and a LEL mail. Electronic copies of objections and a LEL of 5 mg/kg bw/day (200 ppm), of 50 mg/kg bw/day (1,000 ppm) based hearing requests on this rule may be based on lenticular and corneal opacity on depressed body weights, increased filed online at many Federal Depository and hepatic toxicity in either sex (the spleen hemosiderosis, and decreased Libraries. Additional information on current Reference Dose was determined liver and kidney weights. A electronic submissions can be found based on this study). A subsequent 1- reproductive NOEL of 15 mg/kg bw/day below in of this document. year dog feeding study, using lower (300 ppm) and an LEL of 50 mg/kg bw/ FOR FURTHER INFORMATION CONTACT: By doses to further define the NOEL for day (1,000 ppm) were based on neonatal mail: Connie B. Welch, Product tebuconazole, defines a systemic LOEL birth weight depression. Manager (PM) 21, Registration Division of 150 ppm (based on adrenal effects in 10. An Ames mutagenesis study in (7505C), Office of Pesticide Programs, both sexes) and a systemic NOEL of 100 Salmonella that showed no Environmental Protection Agency, 401 ppm. mutagenicity with or without metabolic M St., SW., Washington, DC 20460. 4. A 2-year rat chronic feeding study activation. Office location and telephone number: defined, a NOEL of 7.4 mg/kg bw/day 11. A micronucleus mutagenesis assay Rm. 227, CM #2, 1921 Jefferson Davis (100 ppm), and a LEL of 22.8 mg/kg bw/ study in mice that showed no Hwy., Arlington, VA 22202, (703)-305- day (300 ppm) based on body weight genotoxicity. 6900; e-mail: depression, decreased hemoglobin, 12. A sister chromatid exchange [email protected]. hematocrit, MCV and MCHC, and mutagenesis study using CHO cells that SUPPLEMENTARY INFORMATION: EPA increased liver microsomal enzymes in was negative at dose levels 4 to 30 issued a notice, published in the females. Tebuconazole was not micrograms per milliliter without Federal Register of October 21, 1993 (58 oncogenic at the dose levels tested (0, activation or 15 to 120 micorgrams per FR 54353), which announced that Miles, 100, 300, 1,000 ppm). milliliter with activation. 28350 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations 13. An unscheduled DNA synthesis analytical method using gas one or more of such issues in favor of (UDS) study that was negative for UDS chromatography is available for the requestor, taking into account in rat hepatocytes. enforcement purposes. uncontested claims or facts to the Additionally, a mouse oncogenicity The enforcement methodology has contrary; and resolution of the factual study at dietary levels of 0, 20, 60, and been submitted to the Food and Drug issue(s) in the manner sought by the 80 ppm for 21 months did not reveal Administration for publication in the requestor would be adequate to justify any oncogenic effect for tebuconazole at Pesticide Analytical Manual, Volume II the action requested (40 CFR 178.32). any dose tested. Because the Maximum (PAM II). Because of the long lead time A record has been established for this Tolerated Dose (MTD) was not reached for publication of the method in PAM II, rulemaking under docket number [PP in this study, the study was classified as the analytical methodology is being 3F4167/R2129] (including objections supplementary. A followup mouse made available in the interim to anyone and hearing requests submitted study at higher doses (0, 500, and 1,500 interested in pesticide enforcement electronically as described below). A ppm in the diet), with an MTD at 500 when requested from: Calvin Furlow, public version of this record, including ppm, revealed statistically significant Public Response and Program Resources printed, paper versions of electronic incidences of hepatocellular adenomas Branch, Field Operations Division comments, which does not include any and carcinomas in males and (7506C), Office of Pesticide Programs, information claimed as CBI, is available carcinomas in females. The initial and Environmental Protection Agency, 401 for inspection from 8 a.m. to 4:30 p.m., followup studies, together with M St., SW., Washington, DC 20460. Monday through Friday, excluding legal supplementary data submitted by Miles, Office location and telephone number: holidays. The public record is located in Inc., were classified as core minimum. Rm. 1132, CM #2, 1921 Jefferson Davis Room 1132 of the Public Response and The Office of Pesticide Programs’ Highway, Arlington, VA 22202, (703)- Program Resources Branch, Field Health Effects Division’s 305-5232. Operations Division (7506C), Office of Carcinogenicity Peer Review Committee There is no reasonable expectation Pesticide Programs, Environmental (CPRC) has classified tebuconazole as a that secondary residues will occur in Protection Agency, Crystal Mall #2, Group C carcinogen (possible human milk, eggs, or meat of livestock and 1921 Jefferson Davis Highway, carcinogen). This classification is based poultry since there are no livestock feed Arlington, VA. on the Agency’s ‘‘Guidelines for items associated with this action. Written objections and hearing Carcinogen Risk Assessment’’ published There are presently no actions requests, identified by the document in the Federal Register of September 24, pending against the continued control number [PP 3F4167/R2129], 1986 (51 FR 33992). The Agency has registration of this chemical. may be submitted to the Hearing Clerk chosen to use the reference dose Based on the information and data (1900), Environmental Protection calculations to estimate human dietary considered, the Agency has determined Agency, Rm. 3708, 401 M St., SW., risk from tebuconazole residues. The that the tolerance established by Washington, DC 20460. decision supporting classification of amending 40 CFR part 180 will protect A copy of electronic objections and tebuconazole as a possible carcinogen the public health. Therefore, the hearing requests can be sent directly to (Group C) rather than a probable tolerance is established as set forth EPA at: carcinogen (Group B) was primarily below. [email protected] based on the statistically significant Any person adversely affected by this increase in the incidence of regulation may, within 30 days after A copy of electronic objections and hepatocellular adenomas, carcinomas, publication of this document in the hearing requests must be submitted as and combined adenomas/carcinomas in Federal Register, file written objections an ASCII file avoiding the use of special both sexes of NMRI mice both by to the regulation and may also request characters and any form of encryption. positive trend and pairwise comparison a hearing on those objections. The official record for this at the HDT, and the structural Objections and hearing requests must be rulemaking, as well as the public correlation with at least six other related filed with the Hearing Clerk, at the version, as described above will be kept triazole pesticides that produce liver address given above (40 CFR 178.20). A in paper form. Accordingly, EPA will tumors. copy of the objections and/or hearing transfer any objections and hearing The Reference Dose (RfD) is requests filed with the Hearing Clerk requests received electronically into established at 0.01 mg/kg of body should be submitted to the OPP docket printed, paper form as they are received weight (bwt)/day, based on a no- for this rulemaking. The objections and will place the paper copies in the observed-effect level (NOEL) of 1.00 mg/ submitted must specify the provisions official rulemaking record which will kg bwt/day and an uncertainty factor of of the regulation deemed objectionable also include all objections and hearing 100. The NOEL is based on a 1-year dog and the grounds for the objections (40 requests submitted directly in writing. feeding study that demonstrated CFR 178.25). Each objection must be The official rulemaking record is the lenticular and corneal opacity and accompanied by the fee prescribed by paper record maintained at the address hepatic toxicity as an endpoint effect. 40 CFR 180.33(i). If a hearing is in ADDRESSES at the beginning of this The Theoretical Maximum Residue requested, the objections must include a document. Contribution (TMRC) from the current statement of the factual issue(s) on Under Executive Order 12866 (58 FR action is estimated at 0.000019 mg/kg which a hearing is requested, the 51735, October 4, 1993), the Agency bwt/day and utilizes 0.19% of the RfD requestor’s contentions on such issues, must determine whether the regulatory for the general population of the 48 and a summary of any evidence relied action is ‘‘significant’’ and therefore States. The TMRCs for the most highly upon by the objector (40 CFR 178.27). A subject to all the requirements of the exposed subgroups, children (1 to 6 request for a hearing will be granted if Executive Order (i.e., Regulatory Impact years old) and children (7 to 12 years the Administrator determines that the Analysis, review by the Office of old) are 0.000060 mg/kg bwt/day (0.60% material submitted shows the following: Management and Budget (OMB)). Under of the RfD) and 0.000032 mg/kg bwt/day There is genuine and substantial issue section 3(f), the order defines (0.32% of the RfD), respectively. of fact; there is a reasonable possibility ‘‘significant’’ as those actions likely to The nature of the residue in bananas that available evidence identified by the lead to a rule (1) having an annual effect is adequately understood. An adequate requestor would, if established, resolve on the economy of $100 million or Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations 28351 more, or adversely and materially Parts per M St., SW., Washington, DC 20460. In affecting a sector of the economy, Commodity million person, bring copy of objections and productivity, competition, jobs, the hearing requests to: Rm. 1132, CM #2, environment, public health or safety, or Bananas ...... 0.05 1921 Jefferson Davis Hwy., Arlington, State, local or tribal governments or VA 22202. communities (also known as ***** A copy of objections and hearing * ‘‘economically significant’’); (2) creating requests filed with the Hearing Clerk serious inconsistency or otherwise may also be submitted electronically by interfering with an action taken or [FR Doc. 95–13251 Filed 5–30–95; 8:45 am] sending electronic mail (e-mail) to: opp- planned by another agency; (3) BILLING CODE 6560±50±F [email protected]. Copies of materially altering the budgetary objections and hearing requests must be impacts of entitlement, grants, user fees, submitted as an ASCII file avoiding the 40 CFR Parts 180 and 186 or loan programs; or (4) raising novel use of special characters and any form legal or policy issues arising out of legal [PP 8F3646 and FAP 8H5558/R2138; FRL± of encryption. Copies of objections and mandates, the President’s priorities, or 4955±8] hearing requests will also be accepted the principles set forth in this Executive RIN 2070±AB78 on disks in WordPerfect in 5.1 file Order. format or ASCII file format. All copies Pursuant to the terms of this Sethoxydim; Pesticide Tolerance and of objections and hearing requests in Executive Order, EPA has determined Feed Additive Regulation electronic form must be identified by that this rule is not ‘‘significant’’ and is the docket number [PP 8F3646 and FAP therefore not subject to OMB review. AGENCY: Environmental Protection 8H5558/R2138]. No Confidential Pursuant to the requirements of the Agency (EPA). Business Information (CBI) should be Regulatory Flexibility Act (Pub. L. 96- ACTION: Final rule. submitted through e-mail. Electronic 354, 94 Stat. 1164, 5 U.S.C. 601-612), copies of objections and hearing the Administrator has determined that SUMMARY: This document establishes an requests on this rule may be filed online regulations establishing new tolerances increased tolerance for residues of the at many Federal Depository Libraries. or raising tolerance levels or herbicide sethoxydim (2-[1- Additional information on electronic establishing exemptions from tolerance (ethoxyimino)butyl]-5-[2- submissions can be found below in this requirements do not have a significant (ethylthio)propyl]-3-hydroxy-2- document. economic impact on a substantial cyclohexen-1-one) and its metabolites FOR FURTHER INFORMATION CONTACT: By number of small entities. A certification containing the 2-cyclohexen-1-one mail: Robert J. Taylor, Product Manager, statement to this effect was published in moiety (calculated as the herbicide) in (PM 25), Registration Division (7505C), the Federal Register of May 4, 1981 (46 or on the raw agricultural commodity Environmental Protection Agency, 401 FR 24950). sugar beet roots to 1.0 part per million M St., SW., Washington, DC 20460. List of Subjects in 40 CFR Part 180 (ppm) and an increase in the established Office location and telephone number: feed additive regulation on the animal Environmental protection, Rm. 241, CM #2, 1921 Jefferson Davis feed commodity sugarbeet molasses to Hwy., Arlington, VA 22202, (703)-305- Administrative practice and procedure, 10.0 ppm. The BASF Corp. requested Agricultural commodities, Pesticides 6800; e-mail: these regulations pursuant to the [email protected]. and pests, Reporting and recordkeeping Federal Food, Drug and Cosmetic Act requirements. SUPPLEMENTARY INFORMATION: In the (FFDCA). These regulations establish Federal Register of April 12, 1995 (60 Dated: May 18, 1995. the maximum permissible levels for FR 18560), EPA issued a proposed rule Stephen L. Johnson, residues of the pesticide in or on the that gave notice that the BASF Corp., above commodities. Director, Registration Division, Office of P.O. Box 13528, Research Triangle Park, Pesticide Programs. EFFECTIVE DATE: This regulation NC 27709-3528, had submitted a becomes effective May 31, 1995. Therefore, 40 CFR part 180 is pesticide petition, PP 8F3646, and a amended as follows: ADDRESSES: Written objections and feed additive petition, FAP 8H5558, to hearing requests, identified by the EPA. PP 8F3646 requests that the PART 180Ð[AMENDED] document control number, [PP 8F3646 Administrator, pursuant to section and FAP 8H5558/R2138], may be 408(d) of the Federal Food, Drug and 1. The authority citation for part 180 submitted to: Hearing Clerk (1900), Cosmetic Act (FFDCA), 21 U.S.C. continues to read as follows: Environmental Protection Agency, Rm. 346a(d), amend 40 CFR part 180 by Authority: 21 U.S.C. 346a and 371. M3708, 401 M St., SW., Washington, DC establishing a tolerance for the 2. In § 180.474, by amending the table 20460. Fees accompanying objections combined residues of the herbicide therein by adding and alphabetically and hearing requests shall be labeled sethoxydim (2-[1-ethoxyimino)butyl]-5- inserting an entry for bananas, to read ‘‘Tolerance Petition Fees’’ and [2-(ethylthio)propyl]-3-hydroxy-2- as follows: forwarded to: EPA Headquarters cyclohexen-1-one) and its metabolites Accounting Operations Branch, OPP containing the 2-cyclohexen-1-one § 180.474 Tebuconazole (alpha-[2-(4- (Tolerance Fees), P.O. Box 360277M, moiety (calculated as the herbicide)) in chlorophenyl)-ethyl]-alpha-(1,1- Pittsburgh, PA 15251. A copy of any or on the raw agricultural commodity dimethylethyl)-1H-1,2,4-triazole-1-ethanol); tolerances for residues. objections and hearing requests filed (RAC) sugarbeet roots at 1.0 part per with the Hearing Clerk should be million (ppm). Feed additive petition * * * * identified by the document control (FAP) 8H5558 requests that the * number and submitted to: Public Administrator, pursuant to section Response and Program Resources Parts per 409(e) of the FFDCA (21 U.S.C. 348), Commodity million Branch, Field Operations Division amend 40 CFR part 186 by establishing (7506C), Office of Pesticide Programs, a feed additive regulation for the Environmental Protection Agency, 401 combined residues of the herbicide 28352 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations sethoxydim and its metabolites Room 1132 of the Public Response and Pursuant to the terms of the Executive containing the 2-cyclohexen-1-one Program Resources Branch, Field Order, EPA has determined that this moiety (calculated as the herbicide) in Operations Division (7506C), Office of rule is not ‘‘significant’’ and is therefore or on the animal feed sugar beet Pesticide Programs, Environmental not subject to OMB review. molasses at 10.0 ppm. Protection Agency, Crystal Mall #2, Pursuant to the requirements of the There were no comments or requests 1921 Jefferson Davis Highway, Regulatory Flexibility Act (Pub. L. 96- for referral to an advisory committee Arlington, VA. 354, 94 Stat. 1164, 5 U.S.C. 601-612), received in response to the proposed Written objections and hearing the Administrator has determined that rule. requests, identified by the document regulations establishing new tolerances The data submitted with the proposal control number [PP 8F3646 and or raising tolerance levels or and other relevant material have been 8H5558/R2138], may be submitted to establishing exemptions from tolerance evaluated and discussed in the the Hearing Clerk (1900), Environmental requirements do not have a significant proposed rule. Based on the data and Protection Agency, Rm. 3708, 401 M St., economic impact on a substantial information considered, the Agency SW., Washington, DC 20460. number of small entities. A certification concludes that the tolerance and animal A copy of electronic objections and statement to this effect was published in feed regulation will protect the public hearing requests filed with the Hearing the Federal Register of May 4, 1981 (46 health. Therefore, the tolerance and Clerk can be sent directly to EPA at: FR 24950). animal feed regulation are established as [email protected] set forth below. List of Subjects in 40 CFR Parts 180 and Any person adversely affected by A copy of electronic objections and 186 these regulations may, within 30 days hearing requests filed with the Hearing Environmental protection, after publication of this document in the Clerk must be submitted as an ASCII file Administrative practice and procedure, Federal Register, file written objections avoiding the use of special characters Agricultural commodities, Feed and/or request a hearing with the and any form of encryption. additives, Pesticides and pests, Hearing Clerk, at the address given The official record for this Reporting and recordkeeping above (40 CFR 178.20). A copy of the rulemaking, as well as the public requirements. objections and/or hearing requests filed version, as described above will be kept with the Hearing Clerk should be in paper form. Accordingly, EPA will Dated: May 18, 1995. submitted to the OPP docket for this transfer any objections and hearing Stephen L. Johnson, rulemaking. The objections submitted requests received electronically into Director, Registration Division, Office of must specify the provisions of the printed, paper form as they are received Pesticide Programs. regulation deemed objectionable and the and will place the paper copies in the grounds for the objections (40 CFR official rulemaking record which will Therefore, chapter I of title 40 of the 178.25). Each objection must be also include all objections and hearing Code of Federal Regulations is amended accompanied by the fee prescribed by requests submitted directly in writing. as follows: 40 CFR 180.33(i). If a hearing is The official rulemaking record is the PART 180Ð[AMENDED] requested, the objections must include a paper record maintained at the address statement of the factual issue(s) on in ADDRESSES at the beginning of this 1. In part 180: which a hearing is requested, the document. a. The authority citation for part 180 requestor’s contentions on such issues, Under Executive Order 12866 (58 FR continues to read as follows: 51735, Oct. 4, 1993), the Agency must and a summary of any evidence relied Authority: 21 U.S.C. 346a and 371. upon by the objector (40 CFR 178.27). A determine whether the regulatory action request for a hearing will be granted if is ‘‘significant’’ and therefore subject to b. In § 180.412(a), by amending the the Administrator determines that the review by the Office of Management and table therein by revising the entry for material submitted shows the following: Budget (OMB) and the requirements of sugar beet, roots, to read as follows: the Executive Order. Under section 3(f), There is a genuine and substantial issue § 180.412 2-[1-(Ethoxyimino)butyl]-5-[2- of fact; there is a reasonable possibility the order defines a ‘‘significant (ethylthio)propyl]-3-hydroxy-2-cyclohexen- that available evidence identified by the regulatory action’’ as an action that is 1-one; tolerances for residues requestor would, if established, resolve likely to result in a rule (1) having an (a) * * * one or more of such issues in favor of annual effect on the economy of $100 the requestor, taking into account million or more, or adversely and Parts per uncontested claims or facts to the materially affecting a sector of the Commodity million contrary; and resolution of the factual economy, productivity, competition, issue(s) in the manner sought by the jobs, the environment, public health or requestor would be adequate to justify safety, or State, local, or tribal ***** the action requested (40 CFR 178.32). governments or communities (also Sugar beet, roots ...... 1.0 A record has been established for this referred to as ‘‘economically rulemaking under docket number [PP significant’’); (2) creating serious ***** 8F3646 and FAP 8H5558/R2138] inconsistency or otherwise interfering (including any objections and hearing with an action taken or planned by * * * * * requests submitted electronically as another agency; (3) materially altering described below). A public version of the budgetary impacts of entitlement, PART 186Ð[AMENDED] this record, including printed, paper grants, user fees, or loan programs or the 2. In part 186: versions of electronic comments, which rights and obligations of recipients a. The authority citation for part 186 does not include any information thereof; or (4) raising novel legal or continues to read as follows: claimed as CBI, is available for policy issues arising out of legal inspection from 8 a.m. to 4:30 p.m., mandates, the President’s priorities, or Authority: 21 U.S.C. 348. Monday through Friday, excluding legal the principles set forth in this Executive b. In § 186.2800, by revising the holidays. The public record is located in Order. section heading and introductory text Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations 28353 and by amending the table therein by Environmental Protection Agency, Rm. on the RAC’s tomatoes at 0.20 part per revising the entry for sugar beet M3708, 401 M St., SW., Washington, DC million (ppm); carrots at 0.20 ppm; molasses, to read as follows: 20460. Fees accompanying objections peppers at 0.50 ppm; radishes at 1.00 and hearing requests shall be labeled ppm; meat, fat, and meat byproducts of § 186.2800 2-[1-(Ethoxyimino)butyl]-5-[2- ‘‘Tolerance Petition Fees’’ and cattle, goats, hogs, horses, and sheep at (ethylthio)propyl]-3-hydroxy-2-cyclohexen- 1-one. forwarded to: EPA Headquarters 0.40 ppm; meat, fat, and meat Accounting Operations Branch, OPP byproducts of poultry at 0.01 ppm; Tolerances are established for the (Tolerance Fees), P.O. Box 360277M, milkfat (reflecting 0.08 ppm in whole combined residues of the herbicide 2-[1- Pittsburgh, PA 15251. A copy of any milk) at 2.50 ppm; and eggs at 0.01 ppm; (ethoxyimino)butyl]-5-[2- objections and hearing requests filed and pursuant to food/feed additive (ethylthio)propyl]-3-hydroxy-2- with the Hearing Clerk should be petition (FAP) 9H5574 submitted to cyclohexen-1-one and its metabolites identified by the document control EPA under section 409(e) of the FFDCA, containing the 2-cyclohexen-1-one number and submitted to: Public EPA proposed to amend 40 CFR moiety (calculated as the herbicide) in Response and Program Resources 185.1250 to establish a time-limited or on the following commodities: Branch, Field Operations Division food additive regulation for tomato, (7506C), Office of Pesticide Programs, concentrated products at 0.5 ppm and to Parts per Food million Environmental Protection Agency, 401 amend 40 CFR 186.1250 to establish a M St., SW., Washington, DC 20460. In time-limited feed additive regulation for person, bring copy of objections and tomato, pomace (dry and wet) at 5.0 ***** hearing requests to: Rm. 1132, CM #2, ppm. Sugar beet molasses ...... 10.0 1921 Jefferson Davis Hwy., Arlington, There were no comments or requests VA 22202. for referral to an advisory committee ***** A copy of objections and hearing received in response to the proposed requests filed with the Hearing Clerk rule. [FR Doc. 95–13247 Filed 5–30–95; 8:45 am] may also be submitted electronically by The data submitted with the proposal BILLING CODE 6560±50±F sending electronic mail (e-mail) to: opp- and other relevant material have been [email protected]. Copies of evaluated and discussed in the objections and hearing requests must be proposed rule. Based on the data and 40 CFR Parts 180, 185, and 186 submitted as an ASCII file avoiding the information considered, the Agency use of special characters and any form concludes that the tolerance, food [PP 9F3731 and FAP 9H5574/R2139; FRL± additive regulation, and animal feed 4955±9] of encryption. Copies of objections and hearing requests will also be accepted regulation will protect the public health. RIN 2070±AB78 on disks in WordPerfect in 5.1 file Therefore, the tolerance, food additive format or ASCII file format. All copies regulation, and animal feed regulation Cyfluthrin; Pesticide Tolerances of objections and hearing requests in are established as set forth below. Any person adversely affected by electronic form must be identified by AGENCY: Environmental Protection these regulations may, within 30 days the docket number [PP 9F3731 and FAP Agency (EPA). after publication of this document in the 9H5574/R2139]. No Confidential ACTION: Final rule. Federal Register, file written objections Business Information (CBI) should be and/or request a hearing with the submitted through e-mail. Electronic SUMMARY: This document establishes Hearing Clerk, at the address given copies of objections and hearing time-limited tolerances, with an above (40 CFR 178.20). A copy of the expiration date of November 15, 1997, requests on this rule may be filed online objections and/or hearing requests filed for residues of the synthetic pyrethroid at many Federal Depository Libraries. with the Hearing Clerk should be cyfluthrin in or on the raw agricultural Additional information on electronic submitted to the OPP docket for this commodities (RAC’s) tomatoes; carrots; submissions can be found below in this rulemaking. The objections submitted peppers; radishes; meat, fat, and meat document. must specify the provisions of the byproducts of cattle, goats, hogs, horses, FOR FURTHER INFORMATION CONTACT: By regulation deemed objectionable and the poultry, and sheep; milkfat; and eggs mail: George T. LaRocca, Product grounds for the objections (40 CFR and in the food/feed additive Manager (PM 13), Registration Division 178.25). Each objection must be commodities tomato, pomace (dry and (7505C), Environmental Protection accompanied by the fee prescribed by wet) and tomato concentrated products. Agency, 401 M St., SW., Washington, 40 CFR 180.33(i). If a hearing is Bayer Corp., Agricultural Division DC 20460. Office location and telephone requested, the objections must include a (formerly Miles Corp., Animal number: Rm. 204, CM #2, 1921 Jefferson statement of the factual issue(s) on Products), requested the tolerances and Davis Hwy., Arlington, VA 22202, (703)- which a hearing is requested, the regulations pursuant to the Federal 305-6100; e-mail: requestor’s contentions on such issues, Food, Drug and Cosmetic Act (FFDCA). [email protected]. and a summary of any evidence relied The tolerances and regulations establish SUPPLEMENTARY INFORMATION: In the upon by the objector (40 CFR 178.27). A maximum permissible levels for Federal Register of April 12, 1995 (60 request for a hearing will be granted if residues of the pesticide in or on the FR 18561), EPA issued a proposed rule the Administrator determines that the commodities. that gave notice that pesticide petition material submitted shows the following: (PP) 9H5574 submitted to EPA under There is a genuine and substantial issue EFFECTIVE DATE: This regulation section 408(d) of the FFDCA proposed of fact; there is a reasonable possibility becomes effective May 31, 1995. to amend 40 CFR 180.436 by that available evidence identified by the ADDRESSES: Written objections and establishing time-limited tolerances for requestor would, if established, resolve hearing requests, identified by the residues of the insecticide cyfluthrin, one or more of such issues in favor of document control number, [PP 9F3731 cyano(4-fluoro-3-phenoxyphenyl)- the requestor, taking into account and FAP 9H5574/R2139], may be methyl-3-(2,2-dichloroethenyl)-2,2- uncontested claims or facts to the submitted to: Hearing Clerk (1900), dimethylcyclopropanecarboxylate, in or contrary; and resolution of the factual 28354 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations issue(s) in the manner sought by the jobs, the environment, public health or Parts per requestor would be adequate to justify safety, or State, local, or tribal Commodity million Expiration date the action requested (40 CFR 178.32). governments or communities (also A record has been established for this referred to as ‘‘economically Cattle, fat ...... 0.40 Do. rulemaking under docket number [PP significant’’); (2) creating serious Cattle, meat ..... 0.40 Do. 9F3731 and FAP 9H5574/R2139] Cattle, mbyp .... 0.40 Do. inconsistency or otherwise interfering Cottonseed ...... 1.0 Do. (including any objections and hearing with an action taken or planned by Eggs ...... 0.01 Do. requests submitted electronically as another agency; (3) materially altering Goats, fat ...... 0.40 Do. described below). A public version of the budgetary impacts of entitlement, Goats, meat ..... 0.40 Do. this record, including printed, paper grants, user fees, or loan programs or the Goats, mbyp .... 0.40 Do. versions of electronic comments, which rights and obligations of recipients Hogs, fat ...... 0.40 Do. does not include any information thereof; or (4) raising novel legal or Hogs, meat ...... 0.40 Do. claimed as CBI, is available for policy issues arising out of legal Hogs, mbyp ..... 0.40 Do. Hops, fresh ...... 4.0 None. inspection from 8 a.m. to 4:30 p.m., mandates, the President’s priorities, or Monday through Friday, excluding legal Horses, fat ...... 0.40 Nov. 15, 1997. the principles set forth in this Executive Horses, meat ... 0.40 Do. holidays. The public record is located in Order. Horses, mbyp .. 0.40 Do. Room 1132 of the Public Response and Pursuant to the terms of the Executive Milkfat (reflect- 2.50 Do. Program Resources Branch, Field Order, EPA has determined that this ing 0.08 ppm Operations Division (7506C), Office of rule is not ‘‘significant’’ and is therefore in whole milk). Pesticide Programs, Environmental not subject to OMB review. Peppers ...... 0.50 Do. Protection Agency, Crystal Mall #2, Pursuant to the requirements of the Poultry, fat ...... 0.01 Do. Poultry, meat ... 0.01 Do. 1921 Jefferson Davis Highway, Regulatory Flexibility Act (Pub. L. 96- Arlington, VA. Poultry, mbyp .. 0.01 Do. 354, 94 Stat. 1164, 5 U.S.C. 601-612), Radishes ...... 1.00 Do. Written objections and hearing the Administrator has determined that requests, identified by the document Sheep, fat ...... 0.40 Do. regulations establishing new tolerances Sheep, meat .... 0.40 Do. control number [PP 9F3731 and FAP or raising tolerance levels or Sheep, mbyp ... 0.40 Do. 9H5574/R2139], may be submitted to establishing exemptions from tolerance Tomato ...... 0.20 Do. the Hearing Clerk (1900), Environmental requirements do not have a significant Protection Agency, Rm. 3708, 401 M St., economic impact on a substantial SW., Washington, DC 20460. number of small entities. A certification A copy of electronic objections and PART 185Ð[AMENDED] statement to this effect was published in hearing requests filed with the Hearing the Federal Register of May 4, 1981 (46 Clerk can be sent directly to EPA at: 2. In part 185: [email protected] FR 24950). a. The authority citation for part 185 continues to read as follows: List of Subjects in 40 CFR Parts 180, A copy of electronic objections and 185, and 186 Authority: 21 U.S.C. 346a and 348. hearing requests filed with the Hearing Environmental protection, b. In § 185.1250, by revising Clerk must be submitted as an ASCII file Administrative practice and procedure, paragraph (a) and removing paragraph avoiding the use of special characters Agricultural commodities, Feed (b) and designating it as reserved, as and any form of encryption. additives, Food additives, Pesticides follows: The official record for this and pests, Reporting and recordkeeping rulemaking, as well as the public § 185.1250 Cyfluthrin. requirements. version, as described above will be kept (a) A time-limited tolerance, to expire in paper form. Accordingly, EPA will Dated: May 19, 1995. on November 15, 1997, is established for transfer any objections and hearing Stephen L. Johnson, residues of the insecticide cyfluthrin requests received electronically into (cyano(4-fluoro-3- Director, Registration Division, Office of printed, paper form as they are received Pesticide Programs. phenoxyphenyl)methyl-3-(2,2- and will place the paper copies in the dichloroethenyl)-2,2- official rulemaking record which will Therefore, chapter I of title 40 of the dimethylcyclopropanecarboxylate) in or also include all objections and hearing Code of Federal Regulations is amended on the following food commodities: requests submitted directly in writing. as follows: The official rulemaking record is the Parts per PART 180Ð[AMENDED] Commodity Expiration date paper record maintained at the address million in ADDRESSES at the beginning of this 1. In part 180: document. a. The authority citation for part 180 Cottonseed oil . 2.0 Nov. 15, 1997. Under Executive Order 12866 (58 FR continues to read as follows: Tomato, con- 0.5 Do. 51735, Oct. 4, 1993), the Agency must Authority: 21 U.S.C. 346a and 371. centrated determine whether the regulatory action products. is ‘‘significant’’ and therefore subject to b. By amending § 180.436 by revising review by the Office of Management and the table therein, to read as follows: Budget (OMB) and the requirements of (b) [Reserved] § 180.436 Cyfluthrin; tolerances for the Executive Order. Under section 3(f), residues * * * * * the order defines a ‘‘significant * * * * * regulatory action’’ as an action that is PART 186Ð[AMENDED] likely to result in a rule (1) having an Parts per 3. In part 186: annual effect on the economy of $100 Commodity million Expiration date million or more, or adversely and a. The authority citation for part 186 materially affecting a sector of the continues to read as follows: economy, productivity, competition, Carrots ...... 0.20 Nov. 15, 1997. Authority: 21 U.S.C. 348. Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations 28355 b. In § 186.1250, by revising Service, 1201 New York Ave. NW., 2544.110 What definitions apply to terms paragraph (a) and removing paragraph Washington DC, 20525. (202) 606–5000 used in this part? (b) and designating it as reserved, as x. 265. 2544.115 Who may offer a donation? follows: 2544.120 What personal services from a SUPPLEMENTARY INFORMATION: The volunteer may be solicited and accepted? § 186.1250 Cyfluthrin. Corporation published in the Federal 2544.125 Who has the authority to solicit Register on April 7, 1995 (60 FR 17761) (a) A time-limited tolerance, to expire and accept or reject a donation? a notice of proposed rule making on the 2544.130 How will the Corporation on November 15, 1997, is established for Solicitation and Acceptance of Donated determine whether to solicit or accept a residues of the insecticide cyfluthrin Property and Services. The proposed donation? (cyano(4-fluoro-3- rule established uniform rules and 2544.135 How should an offer of a donation phenoxyphenyl)methyl-3-(2,2- regulations regarding the solicitation be made? dichloroethenyl)-2,2- and acceptance or rejection of property 2544.140 How will the Corporation accept or reject an offer? dimethylcyclopropanecarboxylate) in or and services. The Corporation did not on the following feed commodities: 2544.145 What will be done with property receive any comments in response to the that is not accepted? April 7, 1995, notice. Accordingly, the Parts per Expiration 2544.150 How will accepted donations be Commodity million date Corporation is submitting the recorded and used? regulations as a Final Rule. Authority: 42 U.S.C. 12501 et seq. Cottonseed, Miscellaneous Requirements § 2544.100 What is the purpose of this hulls ...... 2.0 Nov. 15, The Corporation has determined that part? 1997. this is not a ‘‘significant regulatory This part establishes rules to ensure Tomato, pomace action’’ within the meaning of Executive that the solicitation, acceptance, (dry and wet) . 5.0 Do. Order 12866 and accordingly this rule holding, administration, and use of has not been reviewed by the Office of property and services donated to the (b) [Reserved] Management and Budget. This rule will Corporation: * * * * * not have a substantial impact on a (a) Will not reflect unfavorably upon significant number of small entities, the ability of the Corporation or its [FR Doc. 95–13261 Filed 5–30–95; 8:45 am] thus a regulatory flexibility analysis has officers and employees, to carry out BILLING CODE 6560±50±F not been prepared pursuant to the their official duties and responsibilities Regulatory Flexibility Act, 5 U.S.C. 601 in a fair and objective manner; and et seq. Because this rule does not (b) Will not compromise the integrity CORPORATION FOR NATIONAL AND involve collection of information or of the Corporation’s programs or its COMMUNITY SERVICE impose record keeping requirements, officers and employees involved in such the Paperwork Reduction Act of 1980 programs. 45 CFR Part 2544 does not apply. The Corporation has § 2544.105 What is the legal authority for determined that this rule does not have RIN 3045±AA13 soliciting and accepting donations to the sufficient federalism implications to Corporation? warrant the preparation of a Federalism Solicitation and Acceptance of Section 196(a) of the National and Assessment pursuant to Executive Order Donated Property and Services. Community Service Act of 1990, as 12612. In addition, the Corporation has amended (42 U.S.C. 12651g(a)). AGENCY: Corporation for National and determined that implementation of this Community Service. action will not have any significant § 2544.110 What definitions apply to terms ACTION: Final rule. impact on the quality of the human used in this part? environment pursuant to the National (a) Donation means a transfer of SUMMARY: The Corporation for National Environmental Policy Act. money, property, or services to or for Service (the Corporation) is issuing List of Subjects in 45 CFR Part 2544 the use of the Corporation by gift, uniform rules and regulations regarding devise, bequest, or other means. the solicitation and acceptance or Administrative practice and (b) Solicitation means a request for a rejection of property and services. procedure, Gifts to government, donation. Pursuant to the National and Government property. (c) Volunteer means an individual Community Service Act of 1990, as Dated: May 24, 1995. who donates his/her personal service to amended, the Corporation has the Terry Russell, the Corporation to assist the Corporation authority to solicit and accept General Counsel, Corporation for National in carrying out its duties under the donations. The Corporation is adopting Service. national service laws, but who is not a these rules and regulations to eliminate Accordingly, as set forth in the participant in a program funded or the possibility of confusion for preamble, the Corporation amends title sponsored by the Corporation under the individuals who wish to donate 45, chapter XXV of the Code of Federal National and Community Service Act of property or services to the Corporation. Regulations by adding part 2544 to read 1990, as amended. Such individual is In addition, the Corporation wants to as follows: not subject to provisions of law related insure that no situations arise involving to Federal employment, including those a real or apparent conflict of interest PART 2544ÐSOLICITATION AND relating to hours of work, rates of with respect to a donation or an ACCEPTANCE OF DONATIONS compensation, leave, unemployment individual or group who offers a compensation and Federal employee donation. Sec. 2544.100 What is the purpose of this part? benefits, except that— EFFECTIVE DATE: May 31, 1995. 2544.105 What is the legal authority for (1) Volunteers will be considered FOR FURTHER INFORMATION CONTACT: soliciting and accepting donations to the Federal employees for the purpose of Stewart Davis, Office of the General Corporation? the tort claims provisions of 28 U.S.C. Counsel, The Corporation for National chapter 171; 28356 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations (2) Volunteers will be considered the relevant facts, about the integrity of (4) A statement informing the donor Federal employees for the purposes of 5 the Corporation’s programs or that any acceptance of services or U.S.C. chapter 81, subchapter I, relating operations. property can not be used in any manner, to compensation to Federal employees (d) The Corporation will determine directly or indirectly, that endorses the for work injuries; and whether a conflict of interest exists by donor’s products or services or appears (3) Volunteers will be considered considering any business relationship, to benefit the financial interests or special Government employees for the financial interest, litigation, or other business goals of the donor. purpose of ethics and public integrity factors that may indicate such a conflict. (b) If a purpose or condition for the under the provisions of 18 U.S.C. Donations of property or voluntary use of the donation specified by the chapter 11, part I, and 5 CFR chapter services may not be solicited or offeror can not be accommodated, the XVI, subchapter B. accepted from a source which: Corporation may request the offeror to (d) Inherently governmental function (1) Is a party to a grant or contract modify the terms of the donation. means any activity that is so intimately with the Corporation or is seeking to do § 2544.145 What will be done with property related to the public interest as to business with the Corporation; that is not accepted? mandate performance by an officer or (2) Has pecuniary interests that may In general, property offered to the employee of the Federal Government, be substantially affected by performance Corporation but not accepted will be including an activity that requires either or nonperformance of the Corporation; the exercise of discretion in applying returned to the offeror. If the offeror is or unknown or the donation would spoil if the authority of the Government or the (3) Is an organization a majority of returned, the property will either be use of value judgment in making a whose members are described in disposed of in accordance with Federal decision for the Government. paragraphs (d)(1) and (2) of this section. Property Management regulations (41 (e) Any solicitation or offer of a § 2544.115 Who may offer a donation? CFR chapter 101) or given to local donation that raises a question or charities determined by the Corporation. Anyone, including an individual, concern of a potential, real, or apparent group of individuals, organization, conflict of interest will be forwarded to § 2544.150 How will accepted donations be corporation, or association may offer a the Corporation’s Designated Ethics recorded and used? donation to the Corporation. Official for an opinion. (a) All accepted donations of money § 2544.120 What personal services from a and other property will be reported to § 2544.135 How should an offer of a the Chief Financial Officer (CFO) of the volunteer may be solicited and accepted? donation be made? Corporation for recording and A donation in the form of personal (a) In general, an offer of donation services from a volunteer may be appropriate disposition. should be made by providing a letter of (b) All donations of personal services solicited and accepted to assist the tender that offers a donation. The letter Corporation in carrying out its duties. of a volunteer will be reported to the should be directed to an official CFO and to the Personnel Division of However, volunteers may not perform authorized to accept donations, describe an inherently governmental function. the Corporation for processing and the property or service offered, and documentation. § 2544.125 Who has the authority to solicit specify any purpose for, or condition (c) Donations not designated for a and accept or reject a donation? on, the use of the donation. particular purpose will be used for an The Chief Executive Officer (CEO) of (b) If an offer is made orally, the authorized purpose described in the Corporation has the authority to Corporation will send a letter of § 2544.125. solicit, accept, or reject a donation acknowledgment to the offeror. If the (d) Property will be used as nearly as offered to the Corporation and to make donor is anonymous, the Corporation possible in accordance with the terms of the determinations described in will prepare a memorandum to the file the donation. If no terms are specified, § 2544.130 (c) and (d). The CEO may acknowledging receipt of a tendered or the property can no longer be used delegate this authority in writing to donation and describing the donation for its original purpose, the property other officials of the Corporation. including any special terms or will be converted to another authorized conditions. use or sold in accordance with Federal § 2544.130 How will the Corporation (c) Only those employees or officials regulations. The proceeds of the sale determine whether to solicit or accept a with expressed notice of authority may will be used for an authorized purpose donation? accept donations on behalf of the described in § 2544.125. (a) The Corporation will solicit and Corporation. If an offer is directed to an [FR Doc. 95–13236 Filed 5–30–95; 8:45 am] accept a donation only for the purpose unauthorized employee or official of the BILLING CODE 6050±28±P of furthering the mission and goals of Corporation, that person must the Corporation. immediately forward the offer to an (b) In order to be accepted, the appropriate official for disposition. donation must be economically FEDERAL COMMUNICATIONS advantageous to the Corporation, § 2544.140 How will the Corporation COMMISSION accept or reject an offer? considering foreseeable expenditures for 47 CFR Part 73 matters such as storage, transportation, (a) In general, the Corporation will maintenance, and distribution. respond to an offer of a donation in [MM Docket No. 94±142; RM±8546] (c) An official or employee of the writing and include in the response: Corporation will not solicit or accept a (1) An acknowledgment of receipt of Radio Broadcasting Services; donation if the solicitation or the offer; Knoxville, IL acceptance would present a real or (2) A brief description of the offer and AGENCY: Federal Communications apparent conflict of interest. An any purpose or condition that the Commission. apparent conflict of interest is presented offeror specified for the use of the ACTION: Final rule; correction. if the solicitation or acceptance would donation; raise a question in the mind of a (3) A statement either accepting or SUMMARY: This document contains a reasonable person, with knowledge of rejecting the donation; and correction to the final regulation Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations 28357 document which was published the window period for filing ‘‘Tampa-St. Petersburg-Clearwater- Monday, April 24, 1995 (60 FR 20052). applications should be June 5, 1995 in Lakeland, Florida.’’ No comments in EFFECTIVE DATE: May 31, 1995. lieu of May 29, 1995. opposition to this proposal have been The closing date for filing FOR FURTHER INFORMATION CONTACT: filed. applications should be July 6, 1995 in Gayle Shifflett, Publications Branch, Background lieu of June 13, 1995. (202) 418–0310. 2. Section 76.51 of the Commission’s Federal Communications Commission. SUPPLEMENTARY INFORMATION: Rules enumerates the top 100 television William F. Caton, markets and the designated Need of Correction Acting Secretary. communities within those markets. As published, the final regulation [FR Doc. 95–13214 Filed 5–30–95; 8:45 am] Among other things, this market list is document contains an error in the BILLING CODE 6712±01±M used to determine the scope of effective date, the window period and territorial exclusivity rights that closing date. television broadcast stations may 47 CFR Part 76 Correction of Publication purchase and, in addition, may help [CS Docket No. 94±95; DA 95±1121] define the scope of compulsory Accordingly, the publication on April copyright license liability for cable 24, 1995 of the final regulations, which Cable Television Service; List of Major operators in certain circumstances. were the subject of FR Doc. 95–10026 is Television Markets Certain cable television syndicated corrected as follows: exclusivity and network nonduplication AGENCY: Federal Communications On page 20052, in the second column, rights are also determined by the Commission. in the DATES section, the effective date, presence of broadcast station the window period for filing ACTION: Final rule. communities of license on this list. applications should be June 5, 1995 in SUMMARY: The Commission, through this Some of the markets consist of more lieu of May 29, 1995. action, amends its rules regarding the than one named community (a The closing date for filing listing of major television markets to ‘‘hyphenated market’’). Such applications should be July 6, 1995 in change the designation of the Tampa-St. ‘‘hyphenation’’ of a market is based on lieu of June 13, 1995. Petersburg-Clearwater, Florida the premise that stations licensed to any Federal Communications Commission. television market to include the of the named communities in the William F. Caton, community of Lakeland, Florida. This hyphenated market do, in fact, compete with all stations licensed to such Acting Secretary. action is taken at the request of Public Interest Corporation, licensee of communities. Market hyphenation [FR Doc. 95–13215 Filed 5–30–95; 8:45 am] ‘‘helps equalize competition’’ where BILLING CODE 6712±01±M television station WTMV(TV), channel 32, Lakeland, Florida. portions of the market are located beyond the Grade B contours of some EFFECTIVE DATE: Rule provisions of Part stations in the area yet the stations 47 CFR Part 73 76 shall be effective June 30, 1995. compete for economic support. [MM Docket No. 94±68; RM 8486] FOR FURTHER INFORMATION CONTACT: 3. Section 4 of the Cable Television Leora Hochstein, Cable Services Bureau, Consumer Protection and Competition Radio Broadcasting Services; Billings, (202) 416–0800. Act of 1992 (‘‘Cable Act’’), which MT SUPPLEMENTARY INFORMATION: This is a amended Section 614 of the synopsis of the Commission’s Report Communications Act of 1934, as AGENCY: Federal Communications and Order, CS Docket No. 94–95, Commission. amended (‘‘Act’’), requires the adopted May 16, 1995 and released May Commission to make revisions needed ACTION: Final rule; correction. 25, 1995. The complete text of this to update the list of top 100 television document is available for inspection SUMMARY: This document contains a markets and their designated and copying during normal business correction to the final regulation communities in § 76.51 of the hours in the FCC Reference Center document which was published Commission’s Rules. (room 239), 1919 M Street NW., Monday, April 24, 1995 (60 FR 20052). Washington, DC 20554, and may be Rule Making Comments EFFECTIVE DATE: May 31, 1995. purchased from the Commission’s copy 4. The petitioner contends that FOR FURTHER INFORMATION CONTACT: contractor, International Transcription WTMV in Lakeland competes directly Gayle Shifflett, Publications Branch, Service, (202) 857–3800, 1919 M Street with television stations in the Tampa-St. (202) 418–0310. NW., Washington, DC 20554. Petersburg-Clearwater hyphenated SUPPLEMENTARY INFORMATION: market for audience share and Synopsis of the Report and Order advertising revenues. Although Need of Correction 1. Before the Commission is the Lakeland is located inside the Tampa- As published, the final regulation Notice of Proposed Rule Making St. Petersburg ‘‘area of dominant document contains an error in the adopted on August 12, 1994 and influence’’ (‘‘ADI’’), the petitioner effective date, the window period and released on August 15, 1994, 59 FR argues that because Lakeland is not a closing date. 43805 (1994), issued in response to a designated community in the above petition filed by Public Interest market, WTMV is considered a ‘‘distant Correction of Publication Corporation, licensee of television signal’’ for purposes of compulsory Accordingly, the publication on April station WTMV(TV), channel 32, copyright license liability if carried on 24, 1995 of the final regulations, which Lakeland, Florida (‘‘WTMV’’). The cable systems more than 35 miles from were the subject of FR Doc. 95–10025 is Notice proposed to amend § 76.51 of the Lakeland. According to the petitioner, corrected as follows: Commission’s Rules, to change the the consequence of being classified as a On page 20052, in the third column, designation of the Tampa-St. Petersburg- ‘‘distant signal’’ is that cable systems in the DATES section, the effective date, Clearwater, Florida television market to will have to pay significant copyright 28358 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations royalties in order to carry WTMV, and that WTMV carries many ABC, NBC and a station located within the same ADI as WTMV, in turn, will have to indemnify CBS programs when the Tampa network a cable system is no longer considered the cable systems for these royalties. In affiliates preempt their network a ‘‘distant signal’’ on that system for contrast, stations licensed to programming and that WTMV is the purposes of compulsory copyright communities specifically designated in Tampa television affiliate for the Florida license liability and, therefore, is not § 76.51 are considered local for all cable Marlins major league baseball club. The subject to the additional copyright fees systems within the 35-miles zones of the petitioner urges the Commission to add attendant to ‘‘distant signal’’ carriage listed communities in a given Lakeland to the Tampa-St. Petersburg- within the market. Applying the Act to hyphenated market and are not subject Clearwater hyphenated market in order the facts of this proceeding, WTMV to copyright liability. The petitioner to redress what the petitioner perceives would not be considered a ‘‘distant asserts that because WTMV may have to as a competitive imbalance between signal’’ if carried on cable systems pay copyright fees attendant to its WTMV and stations licensed to Tampa, located in the Tampa-St. Petersburg ADI carriage as a ‘‘distant signal’’ that St. Petersburg and Clearwater. and, therefore, would not face stations in Tampa, St. Petersburg and Discussion additional copyright fees relative to Clearwater do not, WTMV is 6. A ‘‘hyphenated market’’ has been other stations located within the same disadvantaged in its competition with ADI. Nevertheless, we find that the these stations. described by the Commission as a television market that contains more equalization of the regulatory status of 5. In support of its proposal, the than one major population center WTMV with stations in Tampa St. petitioner states that it meets all of the supporting all stations in the market, Petersburg and Clearwater through the criteria stipulated by the Commission with competing stations licensed to inclusion of Lakeland as a named for redesignation of the hyphenated different cities within the market area. community in the market is warranted market. The petitioner contends that In evaluating past requests for given that WTMV competes with these Lakeland is sufficiently proximate to hyphenation of a market, the stations for programming, audience and Tampa, St. Petersburg and Clearwater to Commission has considered the advertisers. Such a rationalization of the be considered part of the Tampa-St. following as relevant to its examination: competitive situation appears to be the Petersburg-Clearwater hyphenated (1) The distance between the existing public benefit which congress market. According to the petitioner, designated communities and the anticipated by instructing the Lakeland is only 31 miles from Tampa, community proposed to be added to the Commission, in Section 614(f) of the 47 miles from St. Petersburg, and 50 designation; (2) whether cable carriage, Cable Television Consumer Protection miles from Clearwater. The petitioner if afforded to the subject station, would and Competition Act of 1992, to make maintains that because of this extend to areas beyond its Grade B necessary revisions to update the market geographic proximity, Lakeland, Tampa, signal coverage area; (3) the presence of list. St. Petersburg and Clearwater have a clear showing of a particularized need 9. This proceeding is not intended to shared economic, social and cultural by the station requesting the change of address the specific mandatory cable interests which link them together as a market designation; and (4) an carriage, syndicated exclusivity or single television market. The petitioner indication of benefit to the public from network nonduplication obligations of submits a contour map showing that the proposed change. Each of these WTMV provides city grade contour factors helps the Commission to individual cable systems. Redesignation coverage to part of Tampa, Grade A evaluate individual market conditions of the market reflects in the rules the contour coverage to virtually all of consistent ‘‘with the underlying general competitive situation that in fact Tampa, and Grade B contour coverage to competitive purpose of the market exists in the local area, allowing the all of St. Petersburg. Clearwater is just hyphenation rule to delineate areas application of the more specific rules, beyond WTMV’s Grade B contour, where stations can and do, both actually including those relating to ‘‘area of however, it is part of the Tampa-St. and logically, compete.’’ dominant influence’’ changes, to be Petersburg ADI. A map delineating the 7. Based on the facts presented here, addressed from the perspective of a Grade B contours of stations in the we believe that a case for redesignation properly defined market area. Tampa area reveals that the signal of the subject market has been set forth Accordingly, the proposed rule change contours of WTMV substantially overlap so that this proposal should be adopted. will be adopted. with the signal contours of other It appears from the information before 10. Accordingly, it is ordered, that stations in the Tampa-St. Petersburg us that television stations licensed to effective June 30, 1995, § 76.51 of the ADI. To further support its contention Tampa, St. Petersburg, Clearwater and Commission’s Rules is amended to that WTMV competes directly with Lakeland do compete for programming, include Lakeland, Florida, as follows: Tampa market stations and is an integral audience and advertisers in the Tampa-St. Petersburg-Clearwater- part of the Tampa-St. Petersburg ADI, proposed combined market area, and Lakeland, Florida. the petitioner asserts that WTMV is that sufficient evidence has been widely recognized as a Tampa market presented to demonstrate commonality 11. It is further ordered, that this station. In particular, the petitioner between the proposed community to be proceeding IS TERMINATED. notes the following: Tampa newspapers added to the market designation and the 12. This action is taken by the Cable and magazines include WTMV in market as a whole. In addition, no Services Bureau pursuant to authority television program listings; Tampa- oppositions to the proposed delegated by § 0.321 of the based publications have recognized the rehyphenation have been filed. Commission’s rules. 47 CFR 0.321. station for its programming and 8. We note that the issue raised by the commitment to local service; program petitioner regarding WTMV’s copyright List of Subjects in 47 CFR Part 76 syndicators charge WTMV Tampa license liability has largely been Cable television. market rates for programming; and resolved with the passage of the Tampa businesses as well as regional Satellite Home Viewer Act of 1994, Part 76 of Chapter I of title 47 of the and national advertisers buy time on which amended Section 111(f) of title Code of Federal Regulations is amended WTMV. In addition, the petitioner states 17, United States Code. Under this Act, as follows: Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations 28359 PART 76ÐCABLE TELEVISION (60 FR 11054, as corrected at 60 FR determined that no change to the SERVICE 12825, March 8, 1995) are extended emergency rule is warranted. from May 31, 1995, through August 28, This emergency interim rule has been 1. The authority citation for Part 76 1995. determined to be not significant for continues to read as follows: purposes of E.O. 12866. FOR FURTHER INFORMATION CONTACT: Authority: 47 U.S.C. 154, 303. Susan Salveson, 907–586–7228. Response to Comments 2. Section 76.51 is amended by SUPPLEMENTARY INFORMATION: NMFS Two letters of comments were revising paragraph (a)(28) to read as published an emergency interim rule in received within the comment period follows: the Federal Register on March 1, 1995 that ended March 10, 1995. A summary § 76.51 Major television markets. (60 FR 11054) that closed Federal waters of the comments and NMFS’ response off Alaska to fishing for scallops. The follows. * * * * * Comment 1. NMFS’ implementation (a) * * * closure was intended to prevent unregulated and uncontrolled fishing of the emergency rule was based upon (28) Tampa-St. Petersburg-Clearwater- a recommendation from the Council that Lakeland, Florida for scallops in Federal waters during the period of time the North Pacific Fishery was contrived at an illegally constituted * * * * * Management Council (Council) teleconference meeting in violation of Federal Communications Commission. prepared a Fishery Management Plan for specific procedural requirements set William H. Johnson, the Scallop Fishery off Alaska (FMP). forth in the Magnuson Act, 16 U.S.C. Deputy Chief, Cable Services Bureau. Although the State of Alaska has 1852(j). [FR Doc. 95–13213 Filed 5–30–95; 8:45 am] implemented regulations to manage the Response. The Chairman of the North BILLING CODE 6712±01±M scallop fishery off Alaska, these Pacific Fishery Management Council regulations can be applied by the State (Council) had very little time to respond only to vessels registered under the laws to the emergency situation resulting DEPARTMENT OF COMMERCE of the State of Alaska (section 306 (a)(3) from uncontrolled fishing for scallops of the Magnuson Fishery Conservation off Alaska that precipitated the National Oceanic and Atmospheric and Management Act, 16 U.S.C. 1801 et emergency rule. If necessary, NMFS was Administration seq. (Magnuson Act). Continued fishing prepared to take action to promulgate for scallops by one or more vessels not emergency regulations without Council 50 CFR Part 673 registered with the State of Alaska poses involvement to address the emergency [Docket No. 950223058±5058±01; I.D. significant conservation and in as timely manner as possible. The 022395A] management concerns that can be Council’s ability to convene an effectively addressed in a timely manner emergency meeting and its Scallop Fishery off Alaska; Closure of only through emergency closure of recommendation to proceed with the Federal Waters to Protect Scallop Federal waters off Alaska. Further emergency rule simply lent further Stocks background and descriptive information indication of the widespread support for is contained in the preamble to the closure of Federal waters to protect AGENCY: National Marine Fisheries scallop stocks. Service (NMFS), National Oceanic and emergency rule published in the Federal Register March 1, 1995. Furthermore, NMFS conducted an Atmospheric Administration (NOAA), independent review of the emergency Commerce. The Council has submitted a action recommended by the Council. ACTION: Emergency interim rule; proposed FMP to the Secretary of Based on the administrative record, extension of effective date; response to Commerce for review and approval. NMFS concurred with the Council’s comments. Proposed regulations to implement the determination that immediate closure of FMP were published in the Federal Federal waters off Alaska was necessary SUMMARY: An emergency interim rule Register May 10, 1995 (60 FR 24822). to address the scallop management void that closed Federal waters off Alaska to Given the statutory review and and to address concerns of localized fishing for scallops is in effect through implementation schedule for FMPs set overfishing of scallop stocks. NMFS May 30, 1995. NMFS extends the out under sections 303 and 304 of the followed the appropriate procedures emergency rule for an additional 90-day Magnuson Act, the Council requested and established the rational basis for the period (through August 28, 1995) to NMFS to reimplement the emergency decision to implement the emergency prevent overfishing of scallop stocks in closure of Federal waters off Alaska for rule. Any alleged procedural an uncontrolled fishery for scallops in an additional 90 days as authorized irregularities at the Council level did Federal waters by vessels fishing under section 305(c)(3)(B) of the not affect the Agency’s independent outside Alaska State’s regulatory Magnuson Act. NMFS concurs that this determination to proceed with this authority to govern the scallop fishery. period of time is necessary for the action. This emergency closure is intended to preparation and implementation of a Comment 2. Absolutely no control an unregulated scallop fishery in Federal management program for justification exists for issuance of an Federal waters until a Federal fishery scallops in Federal waters and emergency rule closing Federal waters management plan can be implemented. reimplements this emergency rule for off Alaska to fishing for scallops given NMFS also responds to comments the maximum period of time authorized that a single vessel operating outside submitted on the interim emergency under the Magnuson Act. Alaska State’s regulatory authority rule as published in the Federal Two letters of comments on the could not cause overfishing of the Register on March 1, 1995, for emergency rule as published in the scallop resource off Alaska. comment. No change to the emergency Federal Register March 1, 1995, were Response. NMFS disagrees. Recent rule was made as a result of NMFS’ received within the comment period participation in the scallop fishery by at response to comments. and are summarized in the Response to least one vessel not registered with the EFFECTIVE DATE: The interim regulations Comments section, below. After review State of Alaska, contemplation by other published on March 1, 1995 of the comments received, NMFS vessel owners of fishing in Federal 28360 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations waters outside State regulations management of this resource will be The emergency rule did not specify an governing the scallop fishery, and the necessary until more information OY for the scallop fishery off Alaska and possibility uncontrolled fishing for becomes available to improve comments on the appropriateness of any scallops could occur anywhere off understanding of the dynamics of the OY level for this fishery is outside the Alaska by the highly mobile scallop scallop resource and the effect of scope this action. Nonetheless, the processor fleet, justified emergency rule exploitation on the biological preamble to the proposed rule to action to prevent localized overfishing productivity of scallop stocks off implement the FMP (60 FR 24822, May of scallop stocks. This approach is Alaska. 10, 1995), presents a discussion on an warranted given the limited information Comment 4. The emergency rule is appropriate OY for the scallop fishery in on stock structure and biological not consistent with any of the national Federal waters off Alaska. The preamble productivity of scallops off Alaska, standards. In particular National also discusses the consistency of an coupled with recent scientific evidence Standard 1 is violated given that NMFS interim closure of these waters to that suggests that scallop resources may has not taken any action to achieve the fishing for scallops with the national consist of multiple, discrete, self- optimum yield (OY) from the Alaska standards. sustaining populations that should be scallop fishery. Furthermore, NMFS has Although scientific data are limited, viewed as separate stock units for no idea what the OY for this fishery no evidence suggests that an management. If this is the case, prudent should be because no scientific data unregulated and uncontrolled harvest of management of these stocks is necessary exist upon which to base the OY. scallops off Alaska is supportable as a to prevent localized depletion in order Response. NMFS disagrees. The means of achieving OY. The Council is to maintain the integrity of these stocks emergency interim closure of Federal scheduled to consider alternative and protect their long-term productivity. waters to fishing for scallops was options for an OY for the scallop fishery The single vessel used to participate intended as a short-term conservation off Alaska at its June 1995 meeting, as in the unregulated fishery for scallops measure to control fishing effort and well as a suite of other management that precipitated the emergency rule prevent overfishing of scallop stocks measures under consideration by the Council for a Federally managed fishery. was fishing in the Prince William Sound until an alternative management regime (PWS) area, for which the State’s Comment 5. The emergency rule may be implemented. The interim guideline harvest level (GHL) was meets none of the criteria for emergency closure could be effective for up to a 50,000 lb (22.68 mt) shucked scallop rulemaking set out in NMFS policy 180-day period. Prevention of meat. The 1995 harvest amounts of guidelines, which define an emergency overfishing during this interim period scallops reported by observers on board situation as one that (1) results from would help guarantee achievement of other vessels fishing in this area under unforeseen events; (2) presents serious OY from a healthy, productive scallop the laws of the State resulted in closure conservation and management resource when the fishery is authorized of the area to fishing for scallops on problems; and (3) can be addressed to open under a future management January 26, 1995, when the State’s GHL through emergency regulations for regime. Furthermore, OY would be was reached. The single vessel fishing immediate benefits outweigh the value outside the State’s regulatory authority achieved on a continuing basis, given of advance notice, public comment and did not have an observer on board to that Weathervane scallops, the primary deliberative consideration of the monitor catch and continued to fish commercial species off Alaska, are a impacts on participants to the same once the PWS area was closed. When long-lived species with a low natural extent as would be expected under the the vessel was boarded by the U.S. Coast mortality rate. As a result, NMFS normal rule making process. Guard almost a month later, the vessel believes the scallop harvest foregone Furthermore, these guidelines preclude operator informed the Coast Guard that during the period Federal waters are NMFS from using emergency 54,000 lb (24.49 mt) of shucked scallop closed largely would be available to the rulemaking to close a fishery if the meat was on board. This amount fishery once Federal waters are opened action is controversial and has serious exceeded Alaska State’s GHL for PWS to fishing for scallops under a future economic effects. by over 100 percent. Exceeding the GHL FMP. Response. NMFS disagrees. NMFS by this order of magnitude, combined NMFS recognizes that the economic policy guidelines for emergency with the potential for discrete stock impact of the closure of Federal waters rulemaking published in the Federal structure, creates a very real concern for to fishing for scallops will be substantial Register January 6, 1992 (57 FR 375), localized overfishing of scallop stocks to participants in the scallop fishery. would authorize controversial that the emergency rule was intended to The State of Alaska has announced that emergency action with serious prevent. it will open up State waters in its Dutch economic effects under certain Comment 3. The issuance of the Harbor and Adak registration areas on circumstances. NMFS believes that the emergency rule was based on political July 1 to fishing for scallops, although events and overfishing concerns leading and personal assumptions which were available fishing grounds are limited up to the emergency interim closure of unreasonable and not based on reliable and harvest amounts are not expected to Federal waters to fishing for scallops are scientific data as required by the be significant. The harvest amounts such circumstances that warranted Magnuson Act. from these two registration areas in 1993 emergency rulemaking. Response. NMFS disagrees. See the and 1994 totaled only 40,000 lb and Although the potential always existed response to Comment 2. NMFS has 2,000 lb, respectively. The short-term for one or more vessels to fish for acknowledged that information on foregone opportunity to harvest scallops scallops in Federal waters outside scallop stock structure, abundance, and in Federal waters is justified by the need Alaska State’s regulatory authority, no population dynamics are limited. to prevent overfishing of the scallop vessel had ever done so. Neither NMFS However, as stated in the preamble to resource and ensure the long-term nor the Council anticipated this activity the emergency rule, reasons exist to productivity of the scallop resource when it occurred, nor the conservation manage the Alaska scallop stocks with necessary to support the harvest of OY concerns that ensued from uncontrolled special caution given evidence that on a continuing basis under a future and unregulated fishing for scallops in these stocks are susceptible to management regime that authorizes a Federal waters. Although closure of overfishing. NMFS expects that careful regulated fishery in Federal waters. Federal waters to fishing for scallops Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations 28361 poses substantial costs to current State of Alaska did not, in itself, Comment 7. Under section 306(a)(3) participants in this fishery, these costs constitute illegal activity. Prior to the of the Magnuson Act, NMFS should not are justified to prevent localized emergency rule, however, no Federal rely on the Alaska State scallop overfishing of scallop stocks and protect regulations existed to control fishing for management program as a basis for the long-term productivity of the Alaska scallops in Federal waters. NMFS managing the fishery in Federal waters. scallop resource. NMFS believes that believes that unregulated fishing, Response. Any future Federal the time it would have taken to including the potential for other vessels complete notice-and-comment management program for the scallop joining an uncontrolled fishery, poses a fishery of Alaska would consider State rulemaking would have jeopardized serious overfishing concern (see severely NMFS’ ability to take action to management measures for the scallop responses to comments 2 and 3). NMFS fishery and the justification for those prevent overfishing of scallop stocks. does not claim that it has ‘‘proved’’ Comment 6. The emergency interim measures. However, neither the Council overfishing is occurring in this fishery; rule should be rescinded as an illegal nor NMFS would automatically rather, the emergency rule is an attempt action. No scientific evidence exists that incorporate State management measures can prove overfishing concerns are to prevent such a problem from into Federal regulations without occurring while long-term management warranted and the vessel fishing in adequate assessment and justification. measures are being developed. Finally, Federal waters outside Alaska State Such measures must be consistent with the vessel used to fish for scallops in laws and regulations had a Federal the national standards set out in the Federal waters outside Alaska State’s scallop permit and was fishing legally. Magnuson Act and other applicable law. Response. NMFS disagrees that the regulatory authority was not issued a emergency interim rule was an illegal Federal permit to fishing for scallops off Dated: May 24, 1995. action. Rather, this action was justified Alaska. The fact that the vessel may Richard H. Schaefer, to prevent overfishing of scallop stocks have been issued a Federal permit to Acting Assistant Administrator for Fisheries, and protect the long-term productivity fish for scallops in Federal waters National Marine Fisheries Service. of this resource. NMFS concurs that elsewhere off the continental United [FR Doc. 95–13262 Filed 5–25–95; 4:30 pm] fishing for scallops in Federal waters States is immaterial to the legality of the BILLING CODE 3510±22±F outside the laws and regulations of the closure of Federal waters off Alaska. 28362 Proposed Rules Federal Register Vol. 60, No. 104 Wednesday, May 31, 1995 This section of the FEDERAL REGISTER to include early intervention as well as PART 57ÐPROVISION OF EARLY contains notices to the public of the proposed special education and related services; INTERVENTION AND SPECIAL issuance of rules and regulations. The establishes a DoD Inter-Component EDUCATION SERVICES TO ELIGIBLE purpose of these notices is to give interested Coordinating Council on Early DOD DEPENDENTS IN OVERSEAS persons an opportunity to participate in the AREAS rule making prior to the adoption of the final Intervention; expands the enclosure on definitions to include terminology not rules. Sec. contained in the original rule; and 57.1 Purpose. transfers the administrative 57.2 Applicability and scope. DEPARTMENT OF DEFENSE responsibility for conducting hearings 57.3 Definitions. pursuant to this rule to the Defense 57.4 Policy. Office of the Secretary Office of Hearings and Appeals. 57.5 Responsibilities. 57.6 Procedures. [DoD Instruction 1342.12] DATES: Comments must be postmarked Appendix A to Part 57—Procedures for the by July 31, 1995. 32 CFR Part 57 Provision of Early Intervention Services for ADDRESSES: Forward comments to the Infants and Toddlers With Disabilities and Provision of Early Intervention and Department of Defense Dependents their Families Special Education Services to Eligible Schools, 4040 North Fairfax Drive, Appendix B to Part 57—Procedures for DoD Dependents in Overseas Areas Arlington, VA 22203–1635. Educational Programs and Services for Children With Disabilities, Aged 3 to 21, AGENCY: Department of Defense. FOR FURTHER INFORMATION CONTACT: Inclusive ACTION: Proposed rule. Dr. Rebecca Posante, (703) 696–4493. Appendix C to Part 57—The National Advisory Panel (NAP) on the Education of SUMMARY: Prior to 1991, the Department SUPPLEMENTARY INFORMATION: It is Dependents With Disabilities of Defense Dependents Schools (DoDDS) necessary to revise 32 CFR Part 57 to was required by ‘‘Defense Dependents’ reflect updated policy, responsibilities, Appendix D to Part 57—DoD Coordinating and procedures of early intervention Committee on Early Intervention, Special Education Act of 1978,’’ as amended, to Education, and Medically Related Services adhere to the provisions of the and special education services to ‘‘Education of All Handicapped eligible DoD Dependents overseas. Appendix E to Part 57—DoD Inter- Children Act. With the enactment of Component Coordinating Council (ICC) on Executive Order 12866, ‘‘Regulatory Early Intervention ‘‘Individuals With Disabilities Planning and Review’’ Education Act Amendment of 1991,’’ Appendix F to Part 57—Mediation and the Department of Defense was required It has been determined that this Hearing Procedures to modify the Department’s existing proposed rule will not, if issued as a Authority: 20 U.S.C. 921 and 1400. special education program for children final rule, be significant as defined by § 57.1 Purpose. with disabilities, ages 3 through 21, and Executive Order 12866. to provide early intervention services to This part: children birth through 2 years. The Public Law 96–354, ‘‘Regulatory (a) Implements policy and updates provision of early intervention services Flexibility Act’’ (5 U.S.C. Chapter 6) responsibilities and procedures under will be phased in, with all services in 20 U.S.C. 921–932, 20 U.S.C. 1400 et seq., 32 CFR part 347, and 32 CFR part place by the beginning of school year It has been determined that this 71 for providing the following: 1995–96. This proposed rule includes proposed rule will not, if issued as a (1) A free appropriate public the following revisions: Assigns final rule, have a significant economic impact on substantial numbers of small education (FAPE) for children with responsibility for the implementation of disabilities who are eligible to enroll in the rule to the Under Secretary for entities because it affects only eligible DoD dependents in overseas areas. the Department of Defense Dependents Personnel and Readiness, reflecting a Schools (DoDDS). reorganization of the Department of Public Law 96–511, ‘‘Paperwork (2) Early intervention services for Defense; requires the Department of Reduction Act’’ (44 U.S.C. Chapter 44) infants and toddlers birth through age 2 Defense to provide early intervention years who, but for their age, would be services to children with disabilities It has been certified that this proposed eligible to enroll in the DoDDS under 32 from birth through 2 years of age, rule will not, if issued as a final rule, CFR part 71. effective at the start of school year impose any reporting or recordkeeping (3) A comprehensive and 1995–96; requires the Department of requirements under the Paperwork multidisciplinary program of early Defense Dependents Schools (DoDDS) to Reducation Act of 1980. intervention services for infants and extend special education services to toddlers with disabilities and their List of Subjects in 32 CFR Part 57 students from 3 through 21 years of age families. rather than from 5 through 21 years of Education of individuals with (b) Establishes a National Advisory age; expands the categories of disability disabilities, Elementary and secondary Panel (NAP) on Education for Children to include both autism and traumatic education, Government employees, with Disabilities, aged 3 to 21, inclusive, brain injury; expands special education Military personnel. and a DoD Inter-Component services to include both assistive Coordinating Council (ICC) on Early technology and transition; expands the Accordingly, 32 CFR part 57 is role of the DoD Coordinating Committee revised to read as follows: Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Proposed Rules 28363 Intervention, in accordance with DoD (3) Selecting, designing, fitting, Individualized Education Program (IEP), Directive 5105.4.1 customizing, adapting, applying, in accordance with this part. (c) Establishes a DoD Coordinating maintaining, repairing, or replacing (5) Monitor the development, review, Committee (DoD-CC) on Early assistive technology devices. and revision of IEPs. In addition to the Intervention, Special Education, and (4) Coordinating and using other required members of the CSC, other Medically Related Services (MRS). therapies, interventions, or services membership will vary depending on the (d) Authorizes implementation with assistive technology devices, such purpose of the meeting. A regional CSC, instructions consistent with DoD as those associated with existing appointed by the DoDDS regional 5025.1–M,2 and DoD forms consistent educational and rehabilitative plans and director, acts in the absence of a school with DoD 8320.1–M,3 DoD 8910.1–M,4 programs. CSC. Members of a regional CSC may be and DoD Instruction 7750.7.5 (5) Training or technical assistance for assigned to augment a school CSC. The an individual with disabilities, or, regional CSC must have at least two § 57.2 Applicability and scope. where appropriate, the family of an members in addition to the parent. One This part: individual with disabilities. of the DoDDS members must have the (a) Applies to the Office of the (6) Training or technical assistance for authority to commit DoDDS resources; Secretary of Defense, the Military professionals (including individuals one shall be qualified to provide, or Departments, the Chairman of the Joint providing educational rehabilitative supervise the provision of special Chiefs of Staff, the Unified Combatant services), employers, or other education. Other members may be Commands, the Inspector General of the individuals who provide services to selected from the following groups: Department of Defense, the Defense employ, or are otherwise substantially (i) DoDDS regular education Agencies, and the DoD Field Activities involved in the major life functions of personnel. (hereafter referred to collectively as ‘‘the an individual with a disability. (ii) DoDDS special education DoD Components’’). Audiology. A service that includes the personnel. (b) Does not apply to schools operated following: (iii) MRS personnel. by the Department of Defense in the (1) Identification of children with Child-find. The ongoing process used United States, the District of Columbia, auditory impairments. by the DoDDS, the Military the Commonwealth of Puerto Rico, the (2) Determination of the range, nature, Departments, and the other DoD Commonwealth of the Northern and degree of hearing loss, and Components to seek and identify Marianna Islands, and the possessions communication functions including children from birth to age 21, inclusive, of the United States (excluding the Trust referral for medical or other professional who may require early intervention Territory of the Pacific Islands and attention for the habilitation of hearing. services or special education and related Midway Islands). (3) Provision of habilitative activities, services. Child-find activities include (c) Applies to infants, toddlers, and such as language habilitation, auditory the dissemination of information to the children receiving or entitled to receive training, speech-reading (lip-reading), public, the identification and screening early intervention services or special hearing evaluation, and speech of children, and the use of referral conservation. educational instruction and related procedures. (4) Creation and administration of services from the Department of Children with disabilities (aged 3 to programs for the prevention of hearing Defense, and their parents. 21, inclusive). Children, before loss. graduation from high school or § 57.3 Definitions. (5) Counseling and guidance of pupils completion of the General Education Asessment. Techniques, procedures, for the prevention of hearing loss. (6) Determination of the child’s need Degree, who have one or more and/or instruments used to measure the impairments, as determined by a CSC individual components of an evaluation. for group and individual amplification, selecting and fitting an aid, and and who need special education and Assistive technology device. Any item, related services. piece of equipment, or product system evaluating the effectiveness of amplification. Consent. That term means the that is used to increase, maintain, or following: improve functional capabilities of Autism. A developmental disability significantly affecting verbal and (1) The parent is fully informed of all children with disabilities. information about the activity for which Assistive technology service. Any nonverbal communication and social interaction generally evident before age consent is sought in the native language service that directly assists an or in another mode of communication. individual with a disability in the 3 that adversely affects educational performance. That term does not (2) The parent understands and agrees selection, acquisition, or use of an in writing to the implementation of the assistive technology device. That term include a child with characteristics of the disability termed ‘‘serious emotional activity for which permission is sought. includes the following: That consent describes the activity, lists (1) The evaluation of the needs of an disturbance.’’ Case study committee (CSC). A the child’s records (if any) to be released individual with a disability, including a school-level team comprised of, among outside the Department of Defense, and functional evaluation in the individual’s others, the principal, other educators, specifies to whom the records shall be customary environment. parents, and MRS providers who do the sent. The signed consent acknowledges (2) Purchasing, leasing, or otherwise following: the parent’s understanding that the providing for the acquisition of assistive (1) Oversee screening and referral of parental consent is voluntary and may technology devices by individuals with children who may require special be revoked at any time. disabilities. education. Counseling service. A service (2) Oversee the multidisciplinary provided by a qualified social worker, 1 Copies may be obtained, at cost, from the evaluation of such children. psychologist, guidance counselor, or National Technical Information Service 5285 Port Royal Road, Springfield, VA 22161. (3) Determine the eligibility of the other qualified personnel. 2 See footnote 1 to § 57.1(b). student for special education and Deaf-blindness. Concomitant hearing 3 See footnote 1 to § 57.1(b). related services. and visual impairments. That disability 4 See footnote 1 to § 57.1(b). (4) Formulate an individualized caused such severe communication, 5 See footnote 1 to § 57.1(b). education curriculum reflected in an developmental, and educational 28364 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Proposed Rules problems that it cannot be occupational therapists, physical workers, psychologists, and other accommodated in special education therapists, psychologists, social qualified personnel to assist the family programs solely for children with workers, nurses, nutritionists, family of an infant or toddler eligible for early deafness or blindness. therapists, orientation and mobility intervention services. Those services Deafness. A severe hearing loss or specialists, and pediatricians and other assist a family in understanding the deficit that impairs a child’s ability to physicians. special needs of the child and process linguistic information through (vi) Maximally, are provided in enhancing the child’s development. hearing, with or without amplification, natural environments including the Free appropriate public education and affects the educational performance home and community settings where (FAPE). Special education and related adversely. infants and toddlers without disabilities services that: Developmental delay. That terms participate. (1) Are provided at no cost to parents means the following: (vii) Are provided in conformity with of a child with a disability, and are (1) A significant discrepancy in the an Individualized Family Service Plan under the general supervision and actual functioning of an infant; toddler; (IFSP). direction of the DoDDS. or child, birth through age 5, when (2) Developmental services include, (2) Are provided in the least compared with the functioning of a but are not limited to, the following restrictive environment at a preschool, nondisabled infant, toddler, or child of services: family training, counseling, elementary, or secondary school. the same chronological age in any of the and home visits; special instruction; (3) Are provided in conformity with following areas: physical, cognitive, speech pathology and audiology; an IEP. communication, social or emotional, occupational therapy; physical therapy; (4) Meet the requirements of this part. and adaptive development as measured psychological services; service Functional vocational evaluation. A using standardized evaluation coordination services; medical services student-centered appraisal process for instruments and confirmed by clinical only for diagnostic or evaluation vocational development and career observation and judgment. purposes; early identification, screening decision-making. It allows students, 2. High probability for developmental and assessment services; vision services; educators, and others to gather delay. An infant or toddler, birth and social work services. Also included information about such development through age 2, with a diagnosed are assistive technology devices and and decision making, Functional physical or mental condition, such as assistive technology services; health vocational evaluation activities are chromosomal disorders and genetic services necessary to enable the infant directly related to transitional, syndromes, that places the infant or or toddler to benefit from the above vocational, and career planning; toddler at substantial risk of evidencing early intervention services; and instructional goals; objectives; and a developmental delay without the transportation and related costs implementation. benefit of early intervention services. necessary to enable an infant or toddler Health services. Services necessary to Early identification. The and the family to receive early enable an infant or toddler to benefit implementation of a formal plan for intervention services. from the other early intervention identifying a disability as early as Eligible. That term refers to children services being received under this part. possible in a child’s life. who meet the age, command That term includes the following: Early intervention services. sponsorship, and dependency (1) Services such as clean intermittent (1) Developmental services that meet requirements established by the DDEA, catheterization, tracheotomy care, tube the following criteria: as amended, 20 U.S.C. § 921 et seq., and feeding, changing of dressings or (i) Are provided under the 32 CFR part 71. When those conditions colostomy collection bags, and other supervision of a military medical are met, children without disabilities, health services. department. aged 5 to 21, and children with (2) Consultation by physicians with (ii) Are provided using Military disabilities, aged 3 to 21, inclusive, are other service providers about the special Health Services System resources at no authorized to receive educational healthcare needs of infants and toddlers cost to the parents. Parents may be instruction from the DoDDS. with disabilities that shall need to be charged in those instances where Additionally, an eligible infant or addressed in the course of providing Federal law provides for a system of toddler with disabilities is a child from other early intervention services. payments by families including a birth through age 2 years who meets all (3) That term does not include the schedule of sliding fees, if any, (and of the DoDDS eligibility requirements following: incidental fees; identified in Service except for the age requirement. In (i) Services that are surgical in nature guidance) that are normally charged to school year 1994–95, multi-disciplinary or solely medical. infants, toddlers, and children without assessments, IFSPs, and case (ii) Devices necessary to control or disabilities or to their parents. management services shall be required treat a medical condition. (iii) Are designed to meet the and beginning in school year 1995–96, (iii) Medical or health services developmental needs of an infant or an eligible infant or toddler is entitled routinely recommended for all infants toddler with a disability in any one or to receive early intervention services, in or toddlers. more of the following areas: accordance with 20 U.S.C., § 1400 et Hearing impairment. An impairment (A) Physical. seq. in hearing, whether permanent or (B) Cognitive. Evaluation. The synthesis of fluctuating, which adversely affects a (C) Communication. assessment information by a multi- child’s educational performance, but is (D) Social or emotional. disciplinary team used to determine not included under deafness. (E) Adaptive development. whether a particular child has a Independent evaluation. An (iv) Meet the standards developed or disability, the nature and extent of the evaluation conducted by a qualified adopted by the Department of Defense. disability, and the child’s eligibility to examiner who is not employed by the (v) Are provided by qualified receive early intervention or special DoDDS. personnel including early childhood education and/or related services. Individualized education program special educators, speech and language Family training, counseling and home (IEP). A written document defining pathologists and audiologists, visits. Services provided by social specially designed instruction for a Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Proposed Rules 28365 student with a disability, aged 3 to 21, electronic communication suitable to assistive and orthotic devices to inclusive. That document is developed the occasion may be used to involve the facilitate development and promote the and implemented, in accordance with unavailable party. Parents generally acquisition of functional skills. this part. shall be responsible for the cost of travel (3) Prevention or minimization of the Individualized family service plan to personally attend meetings bout the impact of initial or future impairment, (IFSP). A written document for an infant eligibility or placement of their child. delay in development, or loss of or toddler, ages birth through 2, with a Mental retardation. Significantly functional ability. disability and the family of such infant subaverage general intellectual Orthopedic impairment. A severe or toddler that is based on a functioning, existing concurrently with physical impairment that adversely multidisciplinary assessment of the deficits in adaptive behavior. That affects a child’s educational unique needs of the child and concerns disability is manifested during the performance. That term includes and priorities of the family, and developmental period and adversely congenital impairments such as club identifies the early intervention and affects a child’s educational foot and absence of some member; other services appropriate to meet such performance. impairments caused by disease, such as needs, concerns, and priorities. Multidisciplinary. The involvement of poliomyelitis and bone tuberculosis; Infants and toddlers with disabilities. two or more disciplines or professions and impairments from other causes such Children, age birth through 2, who need in the integration and coordination of as cerebral palsy, amputations, and early intervention services because they: services, including evaluation and fractures or burns causing contractures. (1) Are experiencing a developmental assessment activities, and development Other health impairment. Limited delay; or of an IFSP or an IEP. strength, vitality, or alertness due to (2) Have a diagnosed physical or Native language. When used with chronic or acute health problems that mental condition that has high reference to an individual of limited adversely affect a child’s educational probability of resulting in a English proficiency, the home language performance. Such impairments include developmental delay. normally used by such individuals, or heart condition, tuberculosis, rheumatic Inter-component. Cooperation among in the case of a child, the language fever, nephritis, asthma, sickle cell DoD organizations and programs, normally used by the parent of the anemia, hemophilia, seizure disorder, ensuring coordination and integration of child. lead poisoning, leukemia, diabetes, or services to infants, toddlers, children Natural environments. Settings that attention deficit disorder. with disabilities and to their families. are natural or normal (e.g., home, day Parent. The biological father or Medically related services. care setting) for the infant, toddler, or mother of a child; a person who, by (1) Medical services (as defined in child’s same-age peers who have no order of a court of competent definition ‘‘Medical services’’) are those disability. jurisdiction, has been declared the services provided under professional Non-DoDDS placement. An father or mother of a child by adoption; medical supervision, which are required assignment by the DoDDS of a child the legal guardian of a child; or a person by a CSC to determine a student’s with a disability to a non-DoDDS school in whose household a child resides, eligibility for special education and, if or facility. provided that such person stands in the student is eligible, the special Non-DoDDS school or facility. A loco parentis to that child and education and related services required public or private school or other contributes at least one-half of the by the student under this part. institution not operated by the DoDDS. child’s support. (2) Direct or indirect services Nutrition services. Those services to Parent counseling and training. A pursuant to the development or infants and toddlers include the service to assist parents in implementation of an IEP necessary for following: understanding the special needs of their the student to benefit from the (1) Conducting individual child’s development and by providing educational curriculum. Those services assessments in nutritional history and them with information on child may include: medical services for dietary intake; anthropometric, development and special education. diagnostic or evaluative purpose, social biochemical, and clinical variables; Personally identifiable information. work, community health nursing, feeding skills and feeding problems; and Information that would make it possible dietary, occupational therapy, physical food habits and food preferences. to identify the infant, toddler, or child therapy, audiology, ophthalmology, and (2) Developing and monitoring plans with reasonable certainty. Examples psychological testing and therapy. to address the nutritional needs of include name, parent’s or guardian’s Medical services. Those evaluative, infants and toddlers eligible for early name, address, social security number, diagnostic, therapeutic, and supervisory intervention services. or a list of personal characteristics. services provided by a licensed and/or (3) Making referrals to community Physical therapy. That term includes credentialed physician to assist CSCs resources to carry out nutrition goals. services to children (birth to age 21, and to implement IEPs. Medical services Occupational therapy. That term inclusive) to address the promotion of include diagnosis, evaluation, and includes services to address the sensorimotor function through medical supervision of related services functional needs of children (birth to enhancement of musculoskeletal status, that, by statute, regulation, or age 21, inclusive) related to adaptive neurobehavioral organization, professional tradition, are the development, adaptive behavior and perceptual and motor development, responsibility of a licensed and play; and sensory, motor, and postural cardiopulmonary status, and effective credentialed physician. development. Those services are environmental adaptation. Those Meetings. All parties attending a designed to improve the child’s services include the following: meeting to determine eligibility or functional ability to perform tasks in (1) Screening, evaluation, and placement of a child shall appear home, school, and community settings, assessment to identify movement personally at the meeting site on and include the following: dysfunction. issuance of written notice and (1) Identification, assessment, and (2) Obtaining, interpreting, and establishment of a date convenient to intervention. integrating information appropriate to the concerned parties. When a necessary (2) Adaptation of the environment program planning to prevent, alleviate, participant is unable to attend, and selection, design, and fabrication of or compensate for movement 28366 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Proposed Rules dysfunction and related functional Rehabilitation counseling. Services following: coordinating the performance problems. provided by a rehabilitation counselor of evaluations and assessments; (3) Providing individual and group or other qualified personnel in assisting families to identify their services or treatment to prevent, individual or group sessions that focus resources, concerns, and priorities; alleviate, or compensate for movement specifically on career development, facilitating and participating in the dysfunction and related functional employment preparation, achieving development, review, and evaluation of problems. independence, and integration in the IFSPs; assisting in identifying available Primary referral source. Parents and workplace and community of the service providers; coordinating and the DoD Components, including child student with a disability. monitoring the delivery of available development centers, pediatric clinics, Related services. Transportation and services; informing the family of and newborn nurseries, that suspect an such developmental, corrective, and support or advocacy services; infant or toddler has a disability and other supportive services as required to coordinating with medical and health brings the child to the attention of the assist a child, aged 3 to 21, inclusive, providers and facilitating the EIP. with a disability to benefit from special development of a transition plan to Psychological services. A service that education under the child’s IEP. That preschool services. includes the following: term includes: speech therapy and Service provider. Any individual who (1) Administering psychological and audiology, psychological services, provides services listed in an IEP or an educational tests and other assessment physical and occupational therapy, IFSP. procedures. recreation, early identification and Social work services in schools. A (2) Interpreting test and assessment assessment of disabilities in children, service that includes the following: results. counseling services, and medical (1) Preparing a social or (3) Obtaining, integrating, and services for diagnostic or evaluative developmental history on an child with interpreting information about a child’s purposes. The term also includes: a disability. behavior and conditions relating to the rehabilitation counseling services, (2) Counseling a child and the family learning. school health services, social work on a group or individual basis. (4) Consulting with other staff services in schools, and parent (3) Working with those problems in a members, including service providers, counseling. The sources for those child’s home, school, or community that to plan programs to meet the special services are school, community, and adversely affect adjustment in school. needs of children, as indicated by medical treatment facilities (MTFs). (4) Using school and community psychological tests, interviews, and School health services. Services resources to enable a child to receive behavioral evaluations. provided by a qualified school nurse or maximum benefit from the educational (5) Planning and managing a program other qualified person. program. of psychological services, including Separate facility. A school or a Special education. Instruction and psychological counseling for children portion of a school, regardless of related services for which a child, aged and parents, family counseling, whether it is operated by the DoDDS, 3 to 21, inclusive, becomes entitled consultation on child development, attended exclusively by children with when a CSC determines a child’s parent training, and education disabilities. educational performance is adversely programs. Serious emotional disturbance. A affected by one or more disabling Public awareness program. Activities condition confirmed by clinical conditions. or print materials focusing on early evaluation and diagnosis and that, over (1) Special education is specially identification of infants and toddlers a long period of time and to a marked designed instruction, including physical with disabilities. Materials may include degree, adversely affects educational education, which is provided at no cost information prepared and disseminated performance, and exhibits one or more to the parent or guardians to meet the by a military medical department to all of the following characteristics: primary referral sources and (1) Inability to learn that cannot be unique needs of a child with a information for parents on the explained by intellectual, sensory, or disability, including instruction availability of early intervention health factors. conducted in the classroom, in the services. Procedures to determine the (2) Inability to build or maintain home, in hospitals and institutions, and availability of information on early satisfactory interpersonal relationships in other settings. intervention services to parents are also with peers and teachers. (2) That term includes speech therapy included in that program. (3) Inappropriate types of behavior or any other related service if the service Qualified. A person who meets the under normal circumstances. consists of specially designated DoD-approved or recognized (4) A tendency to develop physical instruction, at no cost to the parents, to certification, licensing, or registration symptoms or fears associated with meet the unique needs of a child with requirements or other comparable personal or school problems. a disability. requirements in the area in which the (5) A general pervasive mood of (3) The term also includes vocational person provides special education or unhappiness or depression. Includes education if it consists of specially related services or early intervention children who are schizophrenic, but designed instruction, at no cost to the services to an infant, toddler, or child does not include children who are parents, to meet the unique needs of a with a disability. socially maladjusted unless it is child with a disability. Recreation. A related service that determined they are seriously (4) At no cost. With regard to a child includes the following: emotionally disturbed. eligible to attend the DoDDS without (1) Assessment of leisure activities. Service coordination. Activities of a paying tuition, specially designed (2) Therapeutic recreational activities. service coordinator to assist and enable instruction and related services are (3) Recreational programs in schools an infant or toddler and the family to provided without charge. Incidental fees and community agencies. receive the rights, procedural normally charged to nondisabled (4) Leisure education. safeguards, and services that are students or their parents as a part of the Regional director. The Director of a authorized to be provided under the regular educational program may be DoDDS region, or designee. DoD EIP. Those activities include the imposed. Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Proposed Rules 28367 (5) Physical education. The disorders and delays in development of physical force resulting in total or development of the following: communication skills. partial functional disability or (i) Physical and motor fitness. (2) Diagnosis and appraisal of specific psychosocial impairment that adversely (ii) Fundamental motor skills and speech or language impairments. affects educational performance. That patterns. (3) Referral for medical or other term includes upon or closed head (iii) Skills in aquatics, dance, and professional attention to correct or injuries resulting in mild, moderate, or individual and group games and sports, habilitate speech or language severe impairments in one or more areas including intramural and lifetime impairments. including cognition, language, memory, sports. (4) Provision of speech and language attention, reasoning, abstract thinking, (iv) A program that includes special services for the correction, habilitation, judgment, problem solving, sensory, physical education, adapted physical and prevention of communicative perceptual and motor abilities, education, movement education, and impairments. psychosocial behavior, physical motor development. (5) Counseling and guidance of function, information processing, and (6) Vocational education. Organized children, parents, and teachers for speech. That term does not include educational programs for the speech and language impairments. brain injuries that are congenital or preparation of individuals for paid or Transition services. That term means degenerative, or brain injuries that are unpaid employment or for additional the following: induced by birth trauma. preparation for a career requiring other (1) A coordinated set of activities for Vision services. Services necessary to than a baccalaureate or advanced a student that may be required to habilitate or rehabilitate the effects of degree. promote movement from early sensory impairment resulting from a Special instruction. That term intervention, pre-school, and other loss of vision. includes the following: educational programs into different Visual impairment. An impairment of (1) The design of learning educational settings or programs. vision that, even with correction, environments and activities to promote (2) For students 14 years of age and adversely affects a child’s educational acquisition of skills in a variety of older, transition services are designed in performance. That term includes both developmental areas, including an outcome-oriented process which partially seeing and blind children. cognitive processes and social promotes movement from school to interaction. post-school activities; including, post- § 57.4 Policy. (2) Curriculum planning, including secondary education, vocational It is DoD policy that: the planned interaction of personnel, training, integrated employment; and (a) Eligible infants and toddlers with materials, time, and space, that leads to including supported employment, disabilities and their families shall be achieving the outcomes in an IEP or an continuing and adult education, adult entitled to receive early intervention IFSP. services, independent living, or services consistent with Appendix A to (3) Providing families with community participation. The this part. information, skills, and support to coordinated set of activities shall be (b) Eligible children with disabilities, enhance skill development. based on the individual student’s needs, aged 3 to 21, inclusive, shall be (4) Working with a child to enhance considering the student’s preferences provided a FAPE in the least restrictive development and cognitive processes. and interests, and shall include environment, consistent with Appendix Specific learning impairment. A instruction, community experiences, the B to this part. disorder in one or more of the basic development of employment and other (c) Parents of eligible infants, psychological processes involved in post-school adult living objectives, and toddlers, and children with disabilities understanding or in using spoken or acquisition of daily living skills and from birth to age 21, inclusive, shall be written language that may manifest functional vocational evaluation. full participants in early intervention itself as an imperfect ability to listen, Transportation. A service that and special education services. think, speak, read, write, spell, includes the following: remember, or do mathematical (1) Services rendered under the IEP of § 57.5 Responsibilities. calculations. The term includes such a child with a disability: (a) The Under Secretary of Defense for conditions as perceptual disabilities, (i) Travel to and from school and Personnel and Readiness (USD(P&R)) brain injury, minimal brain dysfunction, between schools, including travel shall: dyslexia, and developmental aphasia. necessary to permit participation in (1) Establish a NAP consistent with The term, commonly called, ‘‘specific educational and recreational activities Appendix C to this part. learning disability,’’ does not include and related services. (2) Establish and chair, or designate a learning problems that are primarily the (ii) Travel in and around school ‘‘Chair’’, of the DoD–CC on Early result of visual, hearing, or motor buildings. Intervention, Special Education, and disabilities; mental retardation; (iii) Specialized equipment, including MRS consistent with Appendix D to this emotional disturbance; or special or adapted buses, lifts, and part. environmental, cultural, or economic ramps, if required to provide (3) Establish and chair, or designate a differences. transportation for a child with a ‘‘Chair’’, of the DoD Inter-Component Speech and language impairments. A disability. Coordinating Council (ICC) on Early communication disorder, such as (2) Transportation and related costs Intervention consistent with Appendix stuttering, impaired articulation, voice for early intervention services includes E to this part. impairment, or a disorder in the the cost of travel (e.g., mileage or travel (4) Ensure compliance with this part receptive or expressive areas of language by taxi, common carrier, or other means) in the provision of early intervention that adversely affects a child’s and other costs (e.g., tolls and parking services, special education, and related educational performance. expenses) that are necessary to enable services through the DoD–CC in Speech therapy. That related service an eligible child and the family to accordance with DoD Instruction includes the following: receive early intervention services. (1) Identification of children with Traumatic brain injury. An acquired communicative or oropharyngeal injury to the brain caused by an external 28368 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Proposed Rules 1342.14 6 and other appropriate retention of providers of early by the Secretaries of the Military guidances. intervention services, special education, Departments. The Director, DoDDS, may (b) The USD(P&R), in consultation and MRS. act through inter-agency, intra-agency, with the General Counsel of the (ii) Ensuring that personnel and inter-service arrangements, or Department of Defense (GC, DoD) and requirements are established consistent through contracts with private parties the Secretaries of the Military with recognized certification, licensing, when funds are authorized and Departments, shall: registration, or other comparable appropriated. (1) Ensure that eligible infants and requirements for personnel providing (6) Participates in the development toddlers with disabilities and their early intervention services, special and implementation of a comprehensive families are provided early intervention education, or MRS. system of personnel development. services under IDEA, 20 U.S.C. 921 et (iii) Ensuring that training is provided (7) Undertakes activities to ensure seq., and 20 U.S.C. 1400 et seq. in and across disciplines. compliance by the DoDDS with this part (2) Ensure the coordination of early (iv) Training providers of early through monitoring, technical intervention, special education, and intervention services, special education, assistance, and program evaluation of related services. and MRS to work overseas. special education and those related (3) Ensure the development of a DoD- (11) Develop procedures to compile services provided by the DoDDS. wide comprehensive child-find system data on the numbers of eligible infants (e) The Director, Defense Office of to identify eligible infants, toddlers, and and toddlers with disabilities and their Hearings and Appeals (DOHA) shall children age birth to age 21, inclusive, families in need of early intervention ensure impartial due process hearings under 20 U.S.C. 921 and 1400 who may services in accordance with 32 CFR are provided consistent with Appendix require early intervention or special parts 285 and 310. Those data elements F to this part. education services. shall include the following: (4) Ensure that DoD personnel are (i) The number of infants and toddlers § 57.6 Procedures. trained to provide the mediation and their families served. (a) The procedures for early services specified in Appendix F to this (ii) The types of services provided. intervention services for infants and part. (iii) Other information required to toddlers with disabilities and their (5) Ensure that transition services are evaluate the implementation of early families are prescribed in Appendix A available to promote movement from intervention programs (EIPs). to this part. early intervention, preschool, and other (12) Resolve disputes in the DoD (b) The procedures for educational educational programs into different Components arising under Appendix A programs and services for children with educational settings and postsecondary to this part. disabilities, aged 3 to 21, inclusive, are environments. (c) The Secretaries of the military (6) Ensure that DoD personnel who prescribed in Appendix B to this part. departments shall: (c) The procedures for conducting provide services (e.g., child care, (1) Provide MRS for eligible children medical care, and recreation) to infants hearings are prescribed in Appendix F with disabilities, aged 3 to 21, inclusive. to this part. and toddlers and their families are (2) Plan, develop, and implement a participants in a comprehensive inter- comprehensive, coordinated, intra- Appendix A to Part 57—Procedures for Component system for early Component, and community-based the Provision of Early Intervention intervention services. system of early intervention services for Services for Infants and Toddlers With (7) Assign functions and geographic eligible infants and toddlers with Disabilities and Their Families regions of responsibility to the Military disabilities and their families. Departments for providing MRS and A. Requirements for an Early (3) Design and implement activities to Intervention Program (EIP) early intervention services. ensure compliance through technical (8) Ensure that the Military assistance and program evaluation for (1) All eligible infants and toddlers Departments deliver the following: with disabilities from birth through age (i) A comprehensive, coordinated and early intervention and MRS. (d) The Director, Department of 2 and their families shall receive early multidisciplinary program of early intervention services, as follows: intervention services for eligible infants Defense Education Activity (DoDEA), shall ensure that the Director DoDDS, a. In school years 1991 through 1994, and toddlers with disabilities. the Department of Defense planned and (ii) MRS for eligible children with does the following: continues to develop a comprehensive, disabilities, age 3 to 21, inclusive. (1) Ensures that eligible children with (9) Ensure that qualified personnel disabilities, aged 3 to 21, inclusive, are coordinated, multidisciplinary program participate in providing transition provided a FAPE. of early intervention services for infants services for eligible infants, toddlers, (2) Ensures that the educational needs and toddlers with disabilities among and children with disabilities from birth of children with and without disabilities DoD entities involved in providing such to age 21, inclusive. are met comparably, consistent with services. (10) Ensure the development and Appendix B to this part. b. In school year 1994 through 1995, implementation of a comprehensive (3) Ensures that educational facilities the Department of Defense shall system of personnel development for and services operated by the DoDDS for implement the following program the DoDDS and the Military children with and without disabilities components described in paragraph Departments. That system shall include are comparable. A.1.a., of this Appendix: professionals, paraprofessionals, and (4) Maintains records on special (1) Multidisciplinary assessments. primary referral source personnel in the education and related services provided (2) IFSPs. areas of early intervention, special to eligible children with disabilities, (3) Service coordination. education, and MRS. That system may aged 3 to 21, inclusive, consistent with C. In school year 1995 through 1996, include the following: 32 CFR part 310. the Department of Defense will (i) Implementing innovative strategies (5) Provides any or all special implement the program described in and activities for the recruitment and education and related services required paragraph A.1.a. of this Appendix. by a child with a disability, aged 3 to 2. Early intervention services shall be 6 See footnote 1 to § 57.1(b). 21, inclusive, other than those furnished provided in the natural environment. Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Proposed Rules 28369 3. Parents of infants and toddlers with C. Eligibility behaviors based on acceptable objective disabilities are to be full and meaningful Infants and toddlers with disabilities criteria. participants in the EIP. from birth through age 2 are eligible for b. A statement of the family’s resources, priorities, and concerns B. Military Department Responsibilities early intervention services because they meet one of the following criteria: relating to enhancing the child’s Each Military Department shall 1. The child is experiencing a development. develop and implement in its assigned developmental delay as measured by c. A statement of the major outcomes geographic area a system to provide for diagnostic instruments and procedures expected to be achieved for the child the following: and the family. Additionally,the 1. A comprehensive Child-Find of 25 percent (or 2 standard deviations below the mean) in one or more areas, statement shall contain the procedure coordinated with the DoDDS 1 criteria,procedures,and timelines used or 20 percent (or 1 ⁄2 standard Child-Find system and primary referral to determine the degree to which sources such as the child development deviations below the mean) in two or more of the following areas of progress toward achieving the outcomes center and the pediatric clinic. is being made and whether modification 2. Administration and supervision of development; cognitive, physical, communication, social or emotional, or or revision of the outcomes and services EIPs and services. are necessary. 3. Identification of available resources adaptive. 2. The child has a diagnosed physical d. A statement of the specific early and coordination with those resource intervention services necessary to meet providers, including the DoD or mental condition which has a high probability of resulting in the unique needs of the child and the Components, who routinely provide family including the frequency, services to infants and toddlers without developmental delay; e.g., chromosomal disorders or genetic syndromes. intensity, and method of delivering disabilities and their families. services. 4. Procedures to provide timely D. IFSP e. A statement of the natural services for infants and toddlers with environments in which early disabilities and their families. 1. Each military medical department intervention services shall be provided. 5. Procedures to resolve inter- shall develop and implement f. The projected dates for initiation of Component disputes regarding the procedures to ensure that an IFSP is services and the anticipated duration of delivery of early intervention services. developed by a multidisciplinary team 6. Procedures to collect and report including the parents of each infant or those services. data reflecting the number of infants toddler with a disability who meets the g. The name of the EIP service and toddlers and their families served, eligibility criteria in section C.1. of this coordinator. the types of services provided, and other Appendix. h. The steps to be taken supporting information required by the USD(P&R) 2. Meetings to develop and review the the transition of the toddler with a implementation of early intervention IFSP must include the following disability to reschool or other services. services. participants: 5. The IFSP shall be evaluated at least 7. Multidisciplinary, comprehensive, a. The parent or parents of the child. once a year and the family shall be and functional assessment of the unique b. Other family members, as requested provided an opportunity to review the strengths and needs of infants or by the parent, if feasible. plan at 6-month intervals (or more toddlers and the identification of c. An advocate outside of the family frequently, based on the child and services to meet those needs. if the parent requests that person’s family needs). 8. Procedures for a family-directed participation. 6. The contents of the IFSP shall be assessment to determine resources, d. The EIP services coordinator who explained to the parents and an priorities, and concerns of a family and has worked with the family since the informed, written consent from the to identify services necessary to initial referral of the child or who has parents shall be obtained before enhance a family’s capacity to meet the been designated as ‘‘responsible for the providing early intervention services child’s needs. implementation of the IFSP.’’ described in that plan. 9. An IFSP that details the early e. The person(s) directly involved in 7. With the parent’s consent, early intervention services and the conducting the evaluations and intervention services may begin prior to coordination of those services. assessments. completion of the evaluation and 10. A public awareness program f. As appropriate, persons who will assessment when it has been focusing on early identification of provide services to the child or family. determined by a multidisciplinary team infants and toddlers with disabilities. 3. if a person listed in section D.2. of that a service is needed immediately by 11. A central directory that includes this Appendix, is unable to attend a the child and/or the child’s family. An a description of the early intervention meeting, arrangements must be made for IFSP must be developed prior to the services and other relevant resources the person’s involvement through other start of services and the remaining available in each military community means, including the following: assessments must be completed in a overseas. a. Participating in a telephone timely manner. 12. Information to parents about their conference call. 8. If a parent does not provide consent EIP procedural safeguards. b. Having a knowledgeable for participation in all early intervention 13. Establishment of ICCs at representative attend the meeting. services, the services shall be provided appropriate levels. Memberships shall c. Making pertinent records available for those interventions to which a include parents and the DoD at the meeting. parent does give consent. Components who are involved in the 4. The IFSP shall be written within a E. Procedural Safeguards in the EIP delivery of early intervention services. reasonable time after assessment and 14. Policies and procedures for the shall contain the following: 1. Parents of infants and toddlers with establishment and maintenance of a. A statement of the child’s current disabilities are afforded the following standards to ensure that personnel developmental levels including procedural safeguards to ensure that necessary to carry out the EIP are physical, cognitive, communication, their children receive appropriate early prepared and trained. social or emotional, and adaptive intervention services: 28370 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Proposed Rules a. Timely administrative resolution of language tests and reports from that describes the instruments and parental complaints, including hearing healthcare personnel regarding the techniques used, the results of the procedures in Appendix F to this part. health status of a child. testing, and the relationship of those b. The right to confidentiality of d. Analyze school records to obtain findings to educational functioning. personally identifiable information pertinent information regarding the f. The inclusion of a description of the under 32 CFR part 310. basis for suspensions, exclusions, problem area constituting the basis for c. The right to written notice and withdrawals, and disciplinary actions. an MRS referral. consent to the release of relevant e. In cooperation with the Military 2. Standards for Assessment Selection information outside the Department of Departments, conduct on-going child- and Procedures. All DoD elements, Defense. find activities and publish, periodically, including the CSC and MRS providers, d. The right to determine whether any information, guidelines, and shall ensure that assessment materials they, their child, or other family direction regarding child-find activities and evaluation procedures comply, as members shall accept or decline any for eligible children with disabilities, follows: early intervention services without aged 3 to 21, inclusive. a. Selected and administered so as not jeopardizing the other early intervention f. Coordinate the transition of to be racially or culturally services. children from early intervention to discriminatory. e. The opportunity to examine records preschool with the Military Services. b. Administered in the native relating to assessment, screening, 2. Referral of a Child for Special language or mode of communication of eligibility determinations, and the Education or Related Services. The the child, unless it clearly is not feasible development and implementation of the DoDDS officials, MRS providers, or to do so. IFSP. others who suspect that a child has a c. Validated for the specific purpose f. The right to prior written notice possible disabling condition shall refer for which they are used or intended to when the EIP multidisciplinary team that child to the CSC. be used. d. Administered by trained personnel proposes, or refuses to initiate or change B. Assessment and Evaluation the identification, evaluation, in compliance with the instructions of placement, or provision of early Any eligible child who is referred to the testing instrument. intervention services to the infant or a CSC shall receive a full and e. Administered such that no single toddler with a disability. comprehensive diagnostic evaluation of procedure is the sole criterion for g. The right to prior written notice in educational needs. An evaluation shall determining an appropriate educational their native language, unless it clearly is be conducted before an IEP is developed program for a child with a disability. not feasible to do so, which informs or placement is made in a special f. Selected to assess specific areas of them of all procedural safeguards. education program. educational needs and strengths and not h. During the pendency of any 1. Procedures for Assessment and merely to provide a single general proceeding or action involving a Evaluation. A CSC shall ensure that the intelligence quotient. complaint, unless the EIP and the following elements are included in a g. Administered to a child with parents otherwise agree, the child shall comprehensive assessment and impaired sensory, motor, or continue to receive the appropriate early evaluation of a child: communication skills so that the results intervention services currently being a. Assessment of visual and auditory reflect a child’s actual ability or level of provided, or, if applying for initial acuity. achievement, and simply not the services, shall receive the services not in b. A plan to assess the nature and impaired skill itself. dispute. extent of the disability. A child shall be 3. Determination of Eligibility for 2. Parents shall be advised of their assessed in all areas related to the Special Education and Related Services. rights to due process, as defined in suspected disability. When necessary, The CSC shall be convened to determine Appendix F to this part. the assessment plan shall include the the eligibility of a child for special following: education and related services. The CSC Appendix B to Part 57—Procedures for (1) Assessment of the level of shall do the following: Educational Programs and Services for functioning academically, intellectually, a. Ensure that the full comprehensive Children With Disabilities, Aged 3 to emotionally, socially, and in the family. evaluation of a child is accomplished by 21, Inclusive (2) Observation in an educational a multidisciplinary team. The team shall environment. A. Identification and Screening be comprised of teachers or other (3) Assessment of physical status specialists with knowledge in the area It is the responsibility of school including perceptual and motor of the suspected disability. officials of the DoDDS to locate, abilities. b. Meet as soon as possible after a identify, and with the consent of a (4) Assessment of the need for child has been assessed to determine the child’s parent, evaluate all children who transition services for students 14 years eligibility of the child for services. are eligible to enroll in the DoDDS and older, the acquisition of daily living c. Afford the child’s parents the under 32 CFR part 71 who may require skills, and functional vocational opportunity to participate in the CSC special education and related services. assessment. eligibility meeting. 1. Procedures for Identification and c. The involvement of parents, as d. Issue a written eligibility report Screening. The DoDDS officials shall provided in this part. that contains the following: conduct the following activities to d. The use of all locally available (1) A description of the nature of the determine if a child needs special community, medical, and school child’s disabling condition. education and related services: resources to accomplish the assessment. (2) A synthesis of the formal and a. Screen educational records. At least one specialist with knowledge informal finding of the b. Screen students using system-wide in the area of the suspected disability multidisciplinary assessment team as or other basic skill tests in the areas of shall be a member of the they relate to the child’s current reading, math, and language arts. multidisciplinary assessment team. academic progress. c. Screen school health data such as e. The requirement that each assessor (3) A summary of information from reports of hearing, vision, speech, or prepare an individual assessment report the parents, the child, or other persons Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Proposed Rules 28371 having significant previous contact with d. A statement of the physical f. Afford the child’s parents the the child. education program provided in one of opportunity to participate in every CSC (4) A determination of eligibility the following settings: meeting to determine their child’s initial statement. (1) In the regular education program. or continuing eligibility for special (5) A list of the educational areas (2) In the regular education program education and related services, or to affected by a child’s disability and a with adaptations, modifications, or the prepare or change the child’s IEP or to description of a child’s educational use of assistive technology. determine or change the child’s needs. (3) Through specially designed placement. 4. Reevaluation for eligibility for instruction based on the goals and g. Ensure that at least one parent Special Education and Related Services. objectives included in the IEP. understands the special education School officials shall provide a e. A statement of the transition procedures including the due process comprehensive reevaluation of a child services beginning at age 14 and procedures described in Appendix F of with a disability every 3 years, or more annually, thereafter. When appropriate, this part and the importance of the frequently, if conditions warrant. The include a statement of the inter-Agency parent’s participation in those scope and nature of the comprehensive responsibilities or linkages (or both) processes. School officials will use reevaluation shall be determined before the student leaves the school devices or hire interpreters or other individually based on a child’s setting. If a specially designed intermediaries who might be necessary performance, behavior, and needs at the instructional program is required, to foster effective communications time of the reevaluation. include the goals and objectives in the between the school and the parent IEP. concerning the child. C. Individualized Education Program f. A statement of special h. Provide special education and (IEP) transportation requirement. related services, in accordance with the The DoDDS officials shall ensure that g. A statement of the amount of time IEP. The Department of Defense and its the CSC develops and implements an per week that each special education constituent elements and personnel are IEP for each child with a disability who and related service shall be provided to not accountable if a child does not is enrolled in the DoDDS or is placed in the child. achieve the growth projected in the IEP. another institution by the DoDDS. h. The extent to which the child shall i. Ensure that all provisions 1. The CSC Meeting for the participate in regular educational developed for any child entitled to an Development and Implementation of an programs, including the following: education by the DoDDS are fully (1) The projected date for the IEP. The CSC shall establish and implemented in schools or in non- initiation and the anticipated length of convene at meeting to develop, review, DoDDS schools or facilities including IEP activities and services. or revise the IEP of a child with a those requiring special facilities, other (2) Any statements requiring an disability. The meeting shall be adaptations, or assistive devices. scheduled as soon as possible following adjusted school day or an extended a determination by the school or school year program. D. Placement Procedures and Least regional CSC that the child is eligible for i. A statement of the vocational Restrictive Environment education program for secondary special education and related services. 1. A child shall not be placed by the students. If a specially designed The meeting participants shall, DoDDS in any special education instructional program is required, the minimally, include the following: program unless the CSC has developed necessary goals and objectives in the IEP a. A principal or school representative an IEP. If a child with a disability is shall be included. other than the child’s teacher who is applying for initial admission to a 3. Requirements for the qualified to provide or supervise the school, the child shall enter on the same Implementation of the IEP. The DoDDS provision of special education. basis as a child without a disability. CSC shall: b. The child’s teacher. a. Obtain parental agreement and However, a child with a disability and c. A special education teacher. signature before implementation of the with the consent of a parent and school d. One or both of the child’s parents. IEP. officials may receive an initial e. The child, if appropriate. b. Provide a copy of the child’s IEP to placement in a special education f. For a child with a disability who the parents. program under procedures listed in has been evaluated for the first time, a c. Ensure that the IEP is in effect paragraph C.3.e. of this Appendix. representative of the evaluation team before a child receives special education 2. A placement decision requires the who is knowledgeable about the and related services. following: evaluation procedures used and is d. Review and revise the IEP for each a. A parent consent to the placement familiar with the results of the child at least annually in a CSC meeting. before actual placement of the child, evaluation. e. Accept a child’s current IEP when except as otherwise provided herein. g. Other individuals invited at the he or she transfers to the DoDDS b. Delivery of educational instruction discretion of the parent or school. provided that the CSC of the gaining and related services in the least 2. Requirements for the Development school or the regional CSC does the restrictive environment. To the of the IEP. The CSC shall prepare the following: maximum extent, a child with a IEP with the following: (1) Notifies and obtains consent of the disability should be placed with a. A statement of the child’s present parents to the use the current IEP and children who are not disabled. Special levels of educational performance. all elements contained in it. classes, separate schooling, or other b. A statement of annual goals (2) Involves the local DoD Component removal of a child with a disability from including short-term instructional responsible for the delivery of the MRS the regular education environment shall objectives. of the medical requirements in the IEP. occur only when the nature or severity c. Objective criteria for determining, (3) Initiates a CSC meeting to revise of the disability is such that the child at least annually, whether the the current IEP. cannot be educated satisfactorily in educational objectives are being (4) If necessary, initiates an evaluation regular cases with the use of achieved. of the child. supplementary aids and services. 28372 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Proposed Rules c. The CSC to base placements on the (1) Be signed by an authorized DoDDS (3) Change in educational placement. IEP and to review the IEP at least official before it becomes valid. b. If the parent refuses consent to any annually. (2) Include a determination that the formal evaluation or initial placement in d. A child shall participate, to the DoDDS does not currently have or a special education program, the DoDDS maximum extent, in school activities cannot reasonably create an educational or the parent may do the following: including meals, assemblies, recess program appropriate to meet the needs (1) Request a conference between the periods, and field trips with children of the child with a disability. school and parents. who are not disabled. (3) Include a determination that the (2) Request mediation. e. Consideration of factors affecting non-DoDDS school or facility and its (3) Initiate an impartial due process the child’s well-being including the educational program and related hearing under Appendix F of this part effects of separation from parents. services conform to the requirements of to show cause as to why an evaluation f. A child attends a DoDDS school that this Instruction. or placement in a special education is located as close as possible to the 2. Cost of Tuition For Non-DoDDS program should or should not occur residence of the parent who is School or Facility. The Department of without such consent. If the hearing sponsoring the child’s attendance. Defense is not authorized to fund a non- officer sustains the DoDDS position in Unless otherwise required by the IEP, DoDDS placement unless it is directed the impartial due process hearing, the the school should be the same school by the DoDDS Regional Director in DoDDS may evaluate or provide special that the child would have attended had coordination with the Director, DoDDS; education and related services to the he or she not been disabled. or it is directed by an impartial hearing child without the consent of a parent, officer or court of competent subject to the further exercise of due E. Children With Disabilities Who Are jurisdiction. A valid IEP must document process rights. Placed in a Non-DoD School or Facility the necessity of the placement in a non- 3. Independent Evaluation Children with disabilities who are DoDDS school or facility. eligible to receive a DoDDS education, a. A parent is entitled to an but are placed in a non-DoDDS school F. Procedural Safeguards for Children independent evaluation at the expense or facility by the DoDDS, shall have all and Parents of the DoDDS if the parent disagrees the rights of children with disabilities Parents of children with disabilities with the DoDDS evaluation of the child who are enrolled in a DoDDS school. A are afforded procedural safeguards to and successfully challenges the child with a disability may be placed in ensure that their children receive a free evaluation in an impartial due process a non-DoDDS school or facility only if public education consistent with hearing. An independent evaluation required by the IEP. Appendix F of this part. provided at the DoDDS expense must do 1. Requirements For a Non-DoDDS the following: 1. Notice of Procedural Safeguards School or Facility Placement (1) Conform to the requirements of a. Placement in a non-DoDDS school a. Parents shall be provided a written this part. or facility shall be made under the host- notice in a reasonable time before one (2) Be conducted, when possible, in nation requirements. of the following: the area where the child resides. b. Placement in a non-DoDDS school (1) Receiving a proposal to initiate or (3) Follow all DoD Regulations or facility is subject to all treaties, change the identification, evaluation, or regarding the host nation. Executive agreements, and status of educational placement of the child or (4) Meet DoD standards governing forces agreements between the United the provision of free public education to persons qualified to conduct an States and the host nations, and all DoD the child. educational evaluation including an and DoDDS regulations. (2) Receiving refusal from the DoDDS evaluation for MRS. c. If the DoDDS places a child with a to initiate or change the identification, b. If the final decision rendered in an disability in a non-DoDDS school or evaluation, or educational placement of impartial due process hearing sustains facility as a means of providing special the child or the provision of a free the DoDDS evaluation, the parent has education and related services, the public education. the right to an independent evaluation, program of that institution including b. The notice shall inform the parent but not at the DoDDS expense. nonmedical care and room and board, as of the following: c. The DoDDS, the CSC, and a hearing in the child’s IEP, must be provided at (1) Parental procedural rights detailed officer appointed under this part shall no cost to the child or the child’s in Appendix F of this part. consider any evaluation report parents. The DoDDS or the responsible (2) A description of the action presented by a parent. proposed or refused by the DoDDS with DoD Component shall pay the costs in 4. Access to Records accordance with DoD Instruction a brief explanation for the decision. 1010.13.1 c. The notice shall be provided so as The parents of a child with a d. Local school officials shall initiate to ensure the parent’s understanding. disability shall be afforded an and conduct a meeting to develop an That may be achieved by using opportunity to inspect and review IEP for the child before placement. A simplified language, delivering the educational records concerning the representative of the non-DoDDS school notice in the parent’s native language, or identification, evaluation, and or facility should attend the meeting. If using an interpreter or other person educational placement of the child, and the representative cannot attend, the selected by the parents. the provision of a free public education for the child. DoDDS officials shall communicate in 2. Parental Consent other ways to ensure participation 5. Due Process Rights including individual or conference a. The consent of a parent of a child a. The parent of a child with a telephone calls. The IEP must meet the with a disability or suspected of having disability or the DoDDS has the following standards: a disability shall be obtained before any of the following: opportunity to file a written petition for 1 Copies may be obtained, at cost, from the (1) Initiation of formal evaluation an impartial due process hearing at the National Technical Information Service, 5285 Port procedures. DoDDS expense under Appendix F of Royal, Springfield, VA 22161. (2) Initial educational placement. this part. The dispute may concern Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Proposed Rules 28373 issues affecting a particular child’s child, teacher, or school personnel. The parent, student, professional groups, identification, evaluation, or placement, following conditions apply: and individuals with disabilities. or the provision of a free, appropriate, a. The child’s parents shall be notified d. Review the findings of fact and public education. immediately of that suspension and of decisions of each impartial due process b. While an impartial due process the time, purpose, and location of the hearing conducted under Appendix F to hearing or judicial proceeding is CSC meeting and of their right to attend this part. pending, unless the DoDDS and a parent the meeting. e. Assist in developing and reporting of the child agree otherwise, the child b. That suspension remains in effect such information and evaluations as shall remain in the present educational only for the duration of the emergency. may assist the Department of Defense. setting, subject to the disciplinary 4. If it is determined that the child f. Make recommendations based on procedures prescribed in section H of requires a change in educational program and operational information for this Appendix. placement, the CSC or, in the case of a changes in policy and procedures and in child with a disability in a non-DoDDS the budget, organization, and general 6. Dispute Resolution—Other school, authorized DoDDS officials shall management of the special education Complaints ensure that a meeting is held to program. A parent, teacher, or other person determine the appropriate educational g. Comment publicly on rules or covered by this part may file a written placement for the child in consideration standards regarding the education of complaint concerning any aspect of this of the child’s conduct. children with disabilities, aged 3 to 21, part that is not a proper subject for inclusive. Appendix C to Part 57—The National adjudication by a due process hearing h. Perform such other tasks as may be Advisory Panel (NAP) on the Education officer, in accordance with DSR requested by the USD(P&R) or the of Dependents With Disabilities 2500.10.2 Director, DoDDs. A. Membership 2. The NAP members shall serve G. Confidentiality of Records under appointments that shall be for a The NAP shall meet as needed in The DoDDS officials shall maintain all term not to exceed 3 years. publicly announced, accessible student records in accordance with 32 meetings open to the general public and C. Reporting Requirements CFR part 310. shall comply with DoD Directive Submit an annual report of the NAP’s H. Disciplinary Procedures 5105.4.1 The NAP members, appointed activities and suggestions to the All regular disciplinary rules and by the Secretary of Defense, or designee, USD(P&R) and the Director, DoDDS, by procedures applicable to children shall include at least one representative July 31 of each year. That report is receiving educational instruction in the from each of the following groups: exempt from formal review and DoDDS shall apply to children with 1. Persons with disabilities. licensing under section E. of DoD disabilities who violate school rules and 2. The DoDDS special education Instruction 7750.7.2 regulations or disrupt regular classroom teachers. 3. The DoDDS regular education Appendix D to Part 57—DoD activities, subject to the following teachers. Coordinating Committee on Early provisions: 4. Parents of children, aged 3 to 21, Intervention, Special Education, and 1. Before suspending or expelling a inclusive, who are receiving special Medically Related Services child with a disability, the CSC or, in education from the DoDDS. the case of a child with a disability in A. Committee Membership 5. The staff personnel of the DoDDS a non-DoDDS school, authorized DoDDS headquarters. The committee shall meet at least officials, shall determine the following: 6. Special education program twice yearly to facilitate collaboration in a. Whether the behavioral conduct is managers from the DoDDS field the provision of early intervention, the result of the child’s disability. activities. special education, and MRS in the b. If any change in the educational 7. Representatives of the Military Department of Defense. The committee placement is needed. Departments and overseas commands, shall consist of the following members: 2. If it is determined that the child’s including providers of related services. 1. A representative of the USD(P&R) conduct results in whole or part from 8. Providers of the DoD early or designee, who shall serve as the the disability, the child may not be intervention services. Chair. subject to any regular disciplinary rules 9. Other appropriate persons. 2. Representatives of the Secretaries of and procedures and the following the Military Departments. procedures must be followed: B. Activities 3. Representatives of the Assistant a. The child’s parents shall be notified 1. The NAP shall perform the Secretary of Defense (Health Affairs) of the right to have an IEP meeting following activities: (ASD(HA)). before any change in the child’s a. Review information regarding 4. Representatives from the DoD educational placement. improvements in service provided to school systems (domestic and overseas). b. The CSC or authorized DoDDS children with disabilities, aged 3 to 21, 5. Representatives from the GC, DoD. officials shall ensure that a meeting is inclusive, in the Department of Defense. B. Responsibilities held to determine the appropriate b. Receive and consider comments educational placement for the child in from parents, students, professional 1. Advise and assist the USD(P&R) in consideration of the child’s conduct. groups, and individuals with the performance of his or her 3. A child with a disability may be disabilities. responsibilities. suspended on an emergency basis when c. When necessary establish 2. At the direction of the USD(P&R), it reasonably appears that the child’s committees for short-term purposes advise and assist the Military behavior may endanger the health, comprised of representatives from Departments, and the DoD school welfare, or safety of self or any other systems (overseas and domestic) in the 1 Copies may be obtained, at cost, from the coordination of services among 2 Copies of the appropriate forms are available at National Technical Information Service, 5285 Port every school office. Royal Road, Springfield, VA 22161. 2 See footnote 1 to section A. of this Appendix. 28374 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Proposed Rules providers of early intervention, special 2. Advise and assist the DoDDS on the Defense, in accordance with 20 U.S.C., education, and MRS. transition of toddlers with disabilities to § 921 et seq. and 20 U.S.C., § 1400 et 3. Ensure compliance in the provision preschool services. seq. of early intervention services for infants 3. Identify strategies to address areas B. Mediation and toddlers and special education and of conflict, overlap, duplication, or related services for children aged 3 to omission of early intervention services. 1. Mediation may be initiated by 21, inclusive. 4. Review policy memoranda on either a parent or, as appropriate, the 4. Oversee the coordination of early effective inter-Department and inter- Military Department concerned, or the intervention, special education, and Component collaboration. DoDDS to resolve informally a related services. 5. Review reports of technical disagreement on the early intervention 5. Review the recommendations of the assistance and monitoring activities and services for an infant or toddler or the NAP and the Early Intervention ICC to make recommendations to improve the identification, evaluation, educational identify common concerns, ensure policies, procedures, programs, and placement of, or the FAPE provided to, coordination of effort, and forward delivery of early intervention services. a child aged 3 to 21, inclusive. The issues requiring resolution to the 6. Make recommendations based on cognizant Military Department, rather USD(P&R). program and operational information for than the DoDDS, shall participate in 6. Promote the coordination of changes in the policy, procedures, mediation involving early intervention services and information sharing among budget, organization, and general services. Mediation shall consist of, but the providers of early intervention, management of the EIPs. not be limited to, an informal discussion special education, and MRS. 7. Provide advice and technical of the differences between the parties in 7. Assist in the coordination of assistance in the establishment, an effort to resolve those differences. assignments of sponsors of children membership, and operation of The parents and the appropriate school with disabilities who are or who may be installation or command level ICCs. or Military Department officials may eligible for special education and MRS 8. When necessary, establish attend mediation sessions. in the DoDDS or the EIP through the committees for short-term purposes 2. Mediation must be conducted, Military Departments. comprised of parents of children with attempted, or refused in writing by a parent of the infant, toddler, or child Appendix E to Part 57—DoD Inter- disabilities, service providers, and representatives of professional groups. whose early intervention or special Component Coordinating Council (ICC) education services (including related on Early Intervention 9. Submit an annual report of its activities and suggestions to the services) are at issue before a request A. Committee Membership USD(P&R) by July 31 of each year. That for, or initiation of, a formal due process hearing authorized by this Appendix. The USD(P&R) will appoint members report is exempt from formal review and Any request by the DoDDS or the to the ICC. The Council shall meet at licensing under section E. of DoD Military Department for a hearing under least yearly in publicly announced, 7750.7.2 this Appendix shall state how that open meetings that are accessible to the C. Procedures requirement has been satisfied. No general public and shall comply with stigma may be attached to the refusal of DoD Directive 5105.4.1 The Council 1. The USD(P&R) shall nominate and a parent to mediate or to an shall be comprised of the following: select all members to the ICC to include unsuccessful attempt to mediate. 1. Parents. At least 20 percent of the those listed in paragraph A.1 of this members shall be parents with infants Appendix. C. Hearing Administration 2. Appointments shall be for a term or toddlers with disabilities or children 1. The Defense Office of Hearings and not to exceed 3 years except for DoD aged 12 or younger with disabilities, Appeals (DOHA) shall have personnel who are not representing the with knowledge of, or experience with, administrative responsibility for the parent category of membership. programs for infants and toddlers with proceedings authorized by sections D. 3, The USD(P&R), or designee, shall disabilities. At least one such member through G. of this Appendix. shall be a parent of an infant or toddler call and conduct the meeting of the 2. This Appendix shall be or a child aged 6 or younger. Council. administered to ensure that the findings, 2. Representatives of the Surgeons Appendix F to Part 57—Mediation and judgments, and determinations made General of the Military Departments. Hearing Procedures are prompt, fair, and impartial. 3. Representatives of the family 3. Impartial hearing officers who shall support programs of the Military A. Purpose be DOHA Administrative Judges, shall Departments. This Appendix establishes be appointed by the Director, DOHA, 4. Representatives from the ASD(HA) requirements for the resolution of and shall be attorneys in good standing 5. Representative(s) from the DoDDS. conflicts through mediation and of the bar of any State, the District of 6. A representative from the GC, DoD. impartial due process hearings. Parents Columbia, or a territory or possession of B. Responsibilities of infants, toddlers, and children who the United States who are independent of the DoDDS or the Military 1. Advise and assist the Military are covered by this part and, as the case Department concerned in proceedings medical Departments in the may be, the cognizant Military conducted under this Appendix. A performance of their responsibilities, Department or the DoDDS are afforded parent shall have the right to be particularly the identification of impartial mediation and/or impartial represented in such proceedings, at no appropriate resources and Agencies for due process hearings and administrative cost to the Government, by counsel, and providing early intervention services appeals concerning the provision of by persons with special knowledge or and the promoting of inter-Component early intervention services, or the training with respect to the problems of agreements. identification, evaluation, educational placement of, and the FAPE provided individuals with disabilities. The DOHA 1 Copies may be obtained, at cost, from the to, such children by the Department of Department counsel normally shall National Technical Information Service, 5285 Port appear and represent the DoDDS in Royal Road, Springfield, VA 22161. 2 See footnote 1 to section A. of this Appendix. proceedings conducted under this Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Proposed Rules 28375 Appendix, when such proceedings who then shall have jurisdiction over the written transcript or the electronic involve a child aged 3 to 21, inclusive. the resulting proceedings. The Director, recording of the hearing, exhibits When an infant or toddler is involved, DOHA, shall forward all pleadings to admitted into evidence, pleadings or the Military Department responsible the hearing officer. correspondence properly filed and under this Instruction for delivering f. The questions for adjudication shall served on all parties, and such other early intervention services shall either be based on the petition and the answer, matters as the hearing officer may provide its own counsel or request provided that a party may amend a include in the record, provided that counsel from DOHA. pleading if the amendment is filed with such matter is made available to all the hearing officer and is received by parties before the record is closed under D. Hearing Practice and Procedure the other parties at least 5 calendar days paragraph D.1.m. of this section. 1. Hearing before the hearing. l. The hearing officer shall make a full g. The Director, DOHA, shall arrange and complete record of a case presented a. Should mediation be refused or for the time and place of the hearing, otherwise fail to resolve the issues on for adjudication. and shall provide administrative m. The hearing officer shall decide the provision of early intervention support. Such arrangements shall be when the record in a case is closed. services to an infant or toddler or the reasonably convenient to the parties. n. The hearing officer shall issue identification or evaluation of such an h. The purpose of a hearing is to findings of fact and render a decision in individual, the parent may request and establish the relevant facts necessary for a case not later than 50 calendar days shall receive a hearing before a hearing the hearing officer to reach a fair and after being assigned to the case, unless officer to resolve the matter. The parents impartial determination of the case. Oral a discovery request under section D.2. of of an infant or toddler and the Military and documentary evidence that is this section is pending. Department concerned shall be the only relevant and material may be received. parties to a hearing conducted under The technical rules of evidence shall be 2. Discovery this enclosure. relaxed to permit the development of a a. Full and complete discovery shall b. Should mediation be refused or full evidentiary record, with the Federal be available to parties to the proceeding, otherwise fail to resolve the issues on Rules of Evidence (28 U.S.C.) serving as with the ‘‘Federal Rules of Civil the provision of a FAPE to a child with a guide. Procedure’’ (28 U.S.C.) serving as a a disability, aged 3 to 21, inclusive, or i. The hearing officer shall be the guide. the identification, evaluation, or presiding officer, with judicial powers b. If voluntary discovery cannot be educational placement of such an to manage the proceeding and conduct accomplished, a party seeking discovery individual, the parent or the school the hearing. Those powers shall include may file a motion with the hearing principal, on behalf of the DoDDS, may the authority to order an independent officer to accomplish discovery, request and shall receive a hearing evaluation of the child at the expense of provided such motion is founded on the before a hearing officer to resolve the the DoDDS or the Military Department relevance and materiality of the matter. The parents of a child aged 3 to concerned and to call and question proposed discovery to the issues. An 21, inclusive, and the DoDDS shall be witnesses. order granting discovery shall be the only parties to a hearing conducted j. Those normally authorized to attend enforceable as is an order compelling under this enclosure. a hearing shall be the parents of the testimony or the production of c. The party seeking the hearing shall individual with disabilities, the counsel evidence. submit a written request, in the form of and personal representative of the c. A copy of the written or electronic a petition, setting forth the facts, issues, parents, the counsel and professional transcription of a deposition taken by and proposed relief, to the Director, employees of the DoDDS or the Military the DoDDS or the Military Department DOHA. The petitioner shall deliver a Department concerned, the hearing concerned shall be made available free copy of the petition to the opposing officer, and a person qualified to of charge to a parent. party (i.e., the parent or the school transcribe or record the proceedings. principal, on behalf of the DoDDS, or The hearing officer may permit other 3. Witnesses; Production of Evidence the military MTF commander, on behalf persons to attend the hearing, consistent a. All witnesses testifying at the of the Military Department), either in with the privacy interests of the parents hearing shall be advised that it is a person or by first-class mail, postage and the individual with disabilities, criminal offense knowingly and prepaid. Delivery is complete upon provided the parents have the right to willfully to make a false statement or mailing. When the DoDDS or the an open hearing upon waiving in representation to a Department or Military Department petitions for a writing their privacy rights and those of Agency of the U.S. Government as to hearing, it shall inform the other parties the individual with disabilities. any matter within the jurisdiction of of the deadline for filing an answer k. A verbatim transcription of the that Department or Agency. All under paragraph D.1.c. of this section hearing shall be made in written or witnesses shall be subject to cross- and shall provide the other parties with electronic form and shall become a examination by the parties. a copy of this appendix. permanent part of the record. A copy of b. A party calling a witness shall bear d. An opposing party shall submit an the written transcript or electronic the witness’ travel and incidental answer to the petition to the Director, record of the hearing shall be made expenses associated with testifying at DOHA, with a copy to the petitioner, available to a parent upon request and the hearing. The DoDDS or the Military within 15 calendar days of receipt of the without cost. The hearing officer may Department concerned shall pay such petition. The answer shall be as full and allow corrections to the written expenses when a witness is called by complete as possible, addressing the transcript or electronic recording for the the hearing officer. issues, facts, and proposed relief. The purpose of conforming it to actual c. The hearing officer may issue an submission of the answer is complete testimony after adequate notice of such order compelling the attendance of upon mailing. changes is given to all parties. witnesses or the production of evidence e. Within 10 calendar days after l. The hearing officer’s decision of the upon the hearing officer’s own motion receiving the petition, the Director, case shall be based on the record, which or, if good cause be shown, upon motion DOHA, shall assign a hearing officer, shall include the petition, the answer, of a party. 28376 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Proposed Rules d. When the hearing officer 3. Documents submitted to the the parents who are parties in those determines that a person has failed to hearing officer in a case determined cases and the children of such parents, obey an order to testify or to produce without a hearing shall comply with in accordance with 32 CFR part 310. evidence, and such failure is in knowing paragraph D.1.g. of this appendix. A Dated: May 24, 1995. and willful disregard of the order, the party submitting such documents shall L.M. Bynum, hearing officer shall so certify. provide copies to all other parties. e. The party or the hearing officer Alternate OSD Federal Register Liaison F. Appeal Officer, Department of Defense. seeking to compel testimony or the production of evidence may, upon the 1. A party may appeal the hearing [FR Doc. 96–13177 Filed 5–30–95; 8:45 am] certification provide for in paragraph officer’s findings of fact and decision by BILLING CODE 5000±04±M D.3.d. of this section, file an appropriate filing a written notice of appeal with the action in a court of competent Director, DOHA, within 5 calendar days jurisdiction to compel compliance with of receipt of the findings of fact and DEPARTMENT OF TRANSPORTATION the hearing officer’s order. decision. The notice of appeal must contain the appellant’s certification that Coast Guard 4. Hearing Officer’s Findings of Fact and a copy of the notice of appeal has been 33 CFR Ch. I Decision provided to all other parties. Filing is complete upon mailing. a. The hearing officer shall make 46 CFR Ch. I written findings of fact and shall issue 2. Within 10 calendar days of the a decision setting forth the questions filing the notice of appeal, the appellant [CGD 95±022] presented, the resolution of those shall submit a written statement of questions, and the rationale for the issues and arguments to the Director, Presidential Regulation Review resolution. The hearing officer shall file DOHA, with a copy to the other parties. AGENCY: Coast Guard, DOT. The other parties shall submit a reply or the findings of fact and decision with ACTION: Reopening of comment period. the Director, DOHA, with a copy to the replies to the Director, DOHA, within 15 parties. calendar days of receiving the SUMMARY: The Coast Guard is b. The Director, DOHA, shall forward statement, and shall deliver a copy of announcing an initial policy to the Director, DoDDS, or to the each reply to the appellant. Submission determination on regulatory reform Military Department concerned, and to is complete upon mailing. initiatives. The Coast Guard is also the NAP or the ICC, as appropriate, 3. The Director, DOHA, shall refer the reopening the comment period for copies with all personally identifiable matter on appeal to the DOHA Appeal public comment on the Coast Guard’s information deleted, of the hearing Board. It shall determine the matter, regulatory process and its response to officer’s findings of fact and decision or, including the making of interlocutory the President’s Regulatory Reinvention in cases that are administratively rulings, within 60 calendar days of Initiative. appealed, of the final decision of the receiving timely submitted replies DATES: Written comments must be DOHA Appeal Board. under section F.2. of this Appendix. The received not later than December 8, c. The hearing officer shall have the DOHA Appeal Board may require oral 1995. authority to impose financial argument at a time and place reasonably ADDRESSES: Written comments may be responsibility for early intervention convenient to the parties. mailed to the Executive Secretary, 4. The determination of the DOHA services, educational placements, Marine Safety Council (G–LRA), U.S. Appeal Board shall be a final evaluations, and related services under Coast Guard, 2100 Second Street SW., administrative decision and shall be in his or her findings of fact and decision. Washington, DC 20593–0001, or may be d. The findings of fact and decision of written form. It shall address the issues delivered to room 3406 at the same the hearing officer shall become final presented and set forth a rationale for address between 8 a.m. and 3 p.m., unless a notice of appeal is filed under the decision reached. A determination Monday through Friday, except Federal section F.1. of this Appendix. The denying the appeal of a parent in whole holidays. Comments will become part of DoDDS or the Military Department or in part shall state that the parent has this docket ad will be available for concerned shall implement a decision the right under 20 U.S.C. 921 et seq. and inspection or copying at room 3406, as soon as practicable after it becomes 20 U.S.C., 1400 et seq. to bring a civil Coast Guard Headquarters, between 8 final. action on the matters in dispute in a a.m. and 3 p.m., Monday through district court of the United States E. Determination Without Hearing Friday, except Federal holidays. without regard to the amount in 1. At the request of a parent of an controversy. FOR FURTHER INFORMATION CONTACT: Mr. infant, toddler, or child aged 3 to 21, 5. No provision of this part or other Bruce P. Novak, Regulations inclusive, when early intervention or DoD guidance may be construed as Coordinator, Oil Pollution Act (OPA 90) special educational (including related) conferring a further right of Staff, U.S. Coast Guard, 2100 Second services are at issue, the requirement for administrative review. A party must Street SW., Washington, DC 20593– a hearing may be waived, and the case exhaust all administrative remedies 0001, telephone (202) 267–6819. This may be submitted to the hearing officer afforded by this Appendix before telephone is equipped to record on written documents filed by the seeking judicial review of a messages on a 24-hour basis. parties. The hearing officer shall make determination made under this SUPPLEMENTARY INFORMATION: On March findings of fact and issue a decision Appendix. 10, 1995 (60 FR 16423) the Coast Guard within the period fixed by paragraph announced it would be holding a public D.1.n., of this Appendix. G. Publication and Indexing of Final meeting in Washington, DC on April 20, 2. The DoDDS or the Military Decisions 1995, to take comments on the Department concerned may oppose a The Director, DOHA, shall ensure that President’s recently announced request to waive that hearing. In that final decisions in cases arising under Regulatory Reinvention Initiative and event, the hearing officer shall rule on this Enclosure are published and the Coast Guard’s regulatory that request. indexed to protect the privacy rights of development process. The deadline for Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Proposed Rules 28377 written comments was May 1, 1995. On be eliminated. There are several new different requirements to U.D. vessels. April 5, 1995 the Coast Guard published rulemaking projects under development Accordingly, in cooperation with the a second notice in the Federal Register that reflect this new Coast Guard policy. American Bureau of Shipping, the Coast (60 FR 17287) announcing a series of The U.S. maritime industry Guard has identified various U.S. regional public meetings to be held on conducted several studies, some of regulations that differ from the best the same topics. The deadline for which indicated that industry international standards. The Coast written comments in this notice was competitiveness has been adversely Guard is now carefully evaluating each June 5, 1995. impacted by the cost differential of those regulations to determine if it At the April 20, 1995 public meeting between building a vessel to U.S. makes necessary additional safety or and in written comments to the docket, standards and building it to some environmental protection contributions. several commentors requested an foreign standards. The industry reported Those regulations that do not provide extension of the May 1, 1995 comment that differential was from 0% to 15% of necessary added levels of protection period. The issues discussed in the the total construction cost. However, all will be proposed for elimination. notice and at the public meeting are of these industry studies were Because of the global nature of important and require careful thought conducted prior to implementation of maritime commerce, it is seldom and evaluation. Since the regulatory the 1981 and 1983 amendments to the effective for an individual nation to reform initiative is an ongoing process, 1974 Safety of Life at Sea (SOLAS) require substantially different standards a longer comment period can be Convention. The Convention and its for its vessels engaged in international accommodated. In addition to receiving amendments have greatly reduced the trade. Ships of every nationality call at comments on the regulatory policy gap between U.S. and international ports all over the world. Substandard announced in this notice, comments on standards. performers pose a risk to their host the issues raised in the two prior notices The U.S. has sometimes unilaterally nations everywhere. For this reason, may be submitted. To provide adopted more stringent standards than IMO recently formed the Flag State maximum value on this notice, the international regulations Implementation Subcommittee (FSI) to comments should be received by promulgated by the International develop strong international standards December 8, 1995. However, late Maritime Organization (IMO), a for nations that flag vessels (flag states) comments will be accepted and specialized agency of the United and for nations that host vessels (port evaluated to the extent practicable. Nations. A Maritime Administration states). By working closely with the FSI In response to the Federal Register sponsored study conducted in 1979 the Coast Guard will assure both a high notice and public meetings, the Coast reported that the portion of the total and a level playing field for U.S. flag Guard has received and is still receiving construction cost differential directly vessels in international trade. comments suggesting specific attributable to discretionary The Coast Guard invites comment on regulations for review and identifying requirements imposed by the Coast this initial regulatory policy. reasons why those regulations should be Guard was less than one-half of one either amended or eliminated. The percent. However, even a one-half of Dated: May 22, 1995. Coast Guard will fully evaluate each one percent differential in construction J.C. Card, suggestion and may initiate appropriate costs should be avoided if it does not Rear Admiral, U.S. Coast Guard, Chief, Office rulemaking projects at a later date. result in needed additional safety or of Marine Safety, Security and Environmental However, the Coast Guard has already environmental protection. Protection. made a preliminary determination to In the past, international standards [FR Doc. 95–13269 Filed 5–30–95; 8:45 am] proceed immediately with at least two were in large part inadequate or BILLING CODE 4910±14±M regulatory reinvention initiatives. The nonexistent which required the United first is to purge the Code of Federal States to adopt high quality standards of Regulations of obsolete and out-of-date its own. This situation has changed in ENVIRONMENTAL PROTECTION regulations. A Notice of Proposed recent years. Great strides have been AGENCY Rulemaking (NPRM) proposing a wide taken by the responsible members of the range of recissions was published in the international community to adopt 40 CFR Parts 52 and 81 Federal Register of May 9, 1995 (60 FR standards that provide levels of safety [MN±36±1±6752b; FRL±5020±2] 24748). This first set of obsolete and and environmental protection that are out-of-date regulations has minimal generally equivalent to U.S. standards. Approval and Promulgation of impact on the public and no controversy The IMO has adopted a wide range of Implementation Plans and Designation or objection is expected. Additional safety and environmental protection of Area for Air Quality Planning obsolete and out-of-date regulations will requirements that parallel many of the Purposes: Minnesota be proposed for elimination or revision standards that apply to U.S. vessels. in later rulemaking documents. However, the IMO requirements are in AGENCY: Environmental Protection Second, the Coast Guard has some cases general in nature and need Agency (USEPA). established a goal of eliminating any amplifying national regulations. In ACTION: Proposed rule. Coast Guard induced differential addition, IMO requirements do not between requirements that apply to U.S. constitute a complete ship construction SUMMARY: The USEPA proposes to vessels in international trade and those standard. They must be used together approve the request for redesignation to that apply to similar vessels in with classification society standards and attainment for particulate matter (PM) in international trade that fly the flag of flag state requirements. Responsible Olmsted County and sulfur dioxide responsible foreign nations. The Coast foreign flag states and classification (SO2) in the Air Quality Control Region Guard will carefully evaluate every societies now have standards that are (AQCR) 131 Twin Cities and Pine Bend existing and newly proposed regulation. equivalent to U.S. standards. Because areas (excluding the St. Paul Park area). To the maximum extent possible, these responsible flag states and In addition, USEPA proposes to approve requirements that create an unwarranted classification societies now assure high a State Implementation Plan (SIP) differential between U.S. and levels of protection, it is no longer revision to the administrative order for responsible international standards will desirable for the United States to apply PM for Rochester Public Utilities, 28378 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Proposed Rules located in Rochester, Minnesota. The 40 CFR Part 60 inspection and copying between 8:30 Minnesota Pollution Control Agency a.m.–12 p.m. and 1:30 p.m.–3 p.m., [AD±FRL±5211±5] (MPCA) submitted the proposed SIP Monday through Friday, in at EPA’s Air revision and redesignation requests on RIN 2060±AF00 Docket Section (LE–131), Room M–1500 September 7, 1994. In the final rules Waterside Mall (ground floor) 401 M Standards of Performance for New section of this Federal Register, USEPA Street SW., Washington, DC. 20460. A Stationary Sources Appendix A , Test is approving the SIP revision and reasonable fee may be charged for Method 23 requests to redesignation as a direct copying. final rule because the Agency views this AGENCY: Environmental Protection FOR FURTHER INFORMATION CONTACT: Gary as noncontroversial and anticipates no Agency (EPA). McAlister, Emission Measurement adverse comments. A detailed rationale ACTION: Proposed rule. Branch (MD–19), Emissions, for the approval is set forth in the direct Monitoring, and Analysis Division, U.S. SUMMARY: This rule amends Method 23, final rule. If no adverse comments are Environmental Protection Agency, entitled ‘‘Determination of received in response to that direct final Research Triangle Park, North Carolina Polychlorinated Dibenzo-p-Dioxins and 27711, telephone (919) 541–1062. rule no further activity is contemplated Polychlorinated Dibenzofurans from in relation to this proposed rule. If SUPPLEMENTARY INFORMATION: The Stationary Sources,’’ to correct existing proposed regulatory text of the proposed USEPA receives adverse comments, the errors in the method, to eliminate the direct final rule will be withdrawn and rule is not included in this Federal methylene chloride rinse of the Register document, but is available in all public comments received will be sampling train, and to clarify the quality addressed in a subsequent final rule Docket No. A–94–22 or by written or assurance requirements of the method. telephone request from the Air Docket based on this proposed rule. The DATES: Comments. Comments must be USEPA will not institute a second (see ADDRESSES). If necessary, a limited received on or before August 29, 1995. number of copies of the Regulatory Text comment period on this notice. Public Hearing. If anyone contacts are available from the EPA contact DATES: Comments on this proposed rule EPA requesting to speak at a public persons designated earlier in this must be received on or before June 30, hearing by June 14, 1995 a public document. This document with the 1995. hearing will be held on June 28, 1995, proposed regulatory language is also beginning at 10 a.m. available on the Technology Transfer ADDRESSES: Written comments should Request to Speak at Hearing. Persons Network (TTN), one of EPA’s electronic be mailed to: William L. MacDowell, wishing to present oral testimony must bulletin boards. TTN provides Chief, Regulation Development Section, contact EPA by June 14, 1995. information and technology exchange in Air Enforcement Branch (AE–17J), ADDRESSES: Comments should be various areas of air pollution control. United States Environmental Protection submitted (in duplicate if possible) to The service is free except for the cost of Agency, 77 West Jackson Boulevard, Public Docket No. A–94–2 at the the phone call. Dial (919) 541–5742 for Chicago, Illinois 60604. following address: U. S. Environmental up to a 14400 bps modem. If more Protection Agency, Air and Radiation Copies of the State submittal and information on TTN is needed, call the Docket and Information Center, Mail USEPA’s analysis are available for HELP line at (919) 541–5384. Code: 6102, 401 M Street SW., public inspection during normal Washington, DC 20460. The Agency I. Summary business hours at the following address: requests that a separate copy also be Method 23 was promulgated along United States Environmental Protection sent to the contact person listed below. with the New Source Performance Agency, Region 5, Air and Radiation The docket is located at the above Standard for municipal waste Division, 77 West Jackson Boulevard address in room M–1500 Waterside Mall combustors (Subpart Ea). As (AR–17J), Chicago, Illinois 60604. (ground floor), and may be inspected promulgated, the method contained FOR FURTHER INFORMATION CONTACT: from 8:30 a.m.–12 p.m. and 1:30 p.m.– some errors. This action would correct 3 p.m., Monday through Friday. The those errors and would clarify some of Randy Robinson, Air Enforcement proposed regulatory text and other the existing quality assurance Branch, Regulation Development materials related to this rulemaking are requirements. In addition, the current Section (AE–17J) United States available for review in the docket or procedure requires rinsing of the Environmental Protection Agency, copies may be mailed on request from sampling train with two separate Region 5, Chicago, Illinois 60604, (312) the Air Docket by calling 202–260–7548. solvents which must be analyzed 353–6713. A reasonable fee may be charged for separately. Based on data the Agency SUPPLEMENTARY INFORMATION: For copying docket materials. has collected since promulgation of additional information see the direct Public Hearing. If anyone contacts Method 23, we believe that one of these EPA requesting a public hearing, it will final rule published in the rules section rinse steps and the resulting sample be held at EPA’s Emission Measurement of the Federal Register. fraction can be eliminated. This could Laboratory, Research Triangle Park, save as much as $2000 per test run in Dated: April 19, 1995. North Carolina. Persons interested in analytical costs. Valdas V. Adamkus, attending the hearing or wishing to II. The Rulemaking Regional Administrator. present oral testimony should notify Ms. [FR Doc. 95–13180 Filed 5–30–95; 8:45 am] Lala Cheek (MD–19), U.S. This rulemaking does not impose BILLING CODE 6560±50±M Environmental Protection Agency, emission measurement requirements Research Triangle Park, North Carolina beyond those specified in the current 27711, telephone number (919) 541– regulations nor does it change any 5545. emission standard. Rather, the Docket. A Docket, A–94–22, rulemaking would simply amend an containing materials relevant to this existing test method associated with rulemaking, is available for public emission measurement requirements in Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Proposed Rules 28379 the current regulations that would apply (2) Create a serious inconsistency or Paper and paper products industry, irrespective of this rulemaking. otherwise interfere with an action taken Particulate matter, Paving and roofing or planned by another agency; materials, Petroleum, Phosphate, III. Administrative Requirements (3) Materially alter the budgetary Plastics materials and synthetics, A. Public Hearing impact of entitlements, grants, user fees Polymers, Reporting and recordkeeping or loan programs or the rights and A public hearing will be held, if requirements, Sewage disposal, Steel, obligations of recipients thereof; or requested, to discuss the proposed Sulfur oxides, Sulfuric acid plants, (4) Raise novel legal or policy issues amendment in accordance with section Tires, Urethane, Vinyl, Volatile organic arising out of legal mandates, the 307(d)(5)of the Clean Air Act. Persons compounds, Waste treatment and President’s priorities, or the principles wishing to make oral presentations disposal, Zinc. set forth in the Executive Order. Dated: May 22, 1995. should contact EPA at the address given Pursuant to the terms of Executive in the ADDRESSES section of this Order 12866, OMB has determined that Carol M. Browner, preamble. Oral presentations will be this proposed rule is not ‘‘significant’’ Administrator. limited to 15 minutes each. Any because the annual effect on the [FR Doc. 95–13153 Filed 5–30–95; 8:45 am] member of the public may file a written economy will not exceed $100 million. BILLING CODE 6560±50±P statement with EPA before, during, or within 30 days after the hearing. Written D. Regulatory Flexibility Act statements should be addressed to the The Regulatory Flexibility Act (RFA) DEPARTMENT OF COMMERCE Air Docket Section address given in the of 1980 requires the identification of ADDRESSES section of this preamble. potentially adverse impacts of Federal National Oceanic and Atmospheric A verbatim transcript of the hearing regulations upon small business Administration and written statements will be available entities. The RFA specifically requires for public inspection and copying the completion of an analysis in those 50 CFR Part 228 during normal working hours at EPA’s instances where small business impacts Air Docket Section in Washington, DC are possible. This rulemaking does not [Docket No. 950504128±5128±01; I.D. 031095A] (see ADDRESSES section of this impose emission measurement preamble). requirements beyond those specified in RIN 0648±AG80 B. Docket the current regulations, nor does it change any emission standard. Because Small Takes of Marine Mammals; The docket is an organized and this rulemaking imposes no adverse Harassment Takings Incidental to complete file of all the information economic impacts, an analysis has not Specified Activities considered by EPA in the development been conducted. of this rulemaking. The docket is a Pursuant to the provision of 5 U.S.C. AGENCY: National Marine Fisheries dynamic file, since material is added 605(b), I hereby certify that the Service (NMFS), National Oceanic and throughout the rulemaking promulgated rule will not have an Atmospheric Administration (NOAA), development. The docketing system is impact on small entities because no Commerce. intended to allow members of the public additional costs will be incurred. ACTION: Proposed rule; request for and industries involved to identify and comments. locate documents readily so that they E. Paperwork Reduction Act may effectively participate in the This rule does not change any SUMMARY: The Marine Mammal rulemaking process. Along with the information collection requirements Protection Act (MMPA) Amendments of statement of basis and purpose of the subject to Office of Management and 1994 established an expedited process proposed and promulgated test method Budget review under the Paperwork by which citizens of the United States revisions and EPA responses to Reduction Act of 1980, 44 U.S.C. 3501 can apply for an authorization to take significant comments, the contents of et seq. incidentally, but not intentionally, small the docket, except for interagency numbers of marine mammals by review materials, will serve as the F. Statutory Authority harassment. This proposed rule sets record in case of judicial review The statutory authority for this forth the process for applying for and [Section 307(d)(7)(A)]. proposal is provided by sections 111 obtaining an authorization; the time and 301(a) of the Clean Air Act, as limits set by the statute for NMFS C. Executive Order 12866 Review amended: 42 U.S.C., 7411 and 7601(a). review, publication, and public notice Under Executive Order (E.O.) 12866, and comment on any applications for the EPA must determine whether the List of Subjects in 40 CFR Part 60 authorization that would be granted; proposed regulatory action is Environmental protection, and the requirements for submission of ‘‘significant’’ and therefore, subject to Administrative practice and procedure, a plan of cooperation and for scientific the Office of Management and Budget Air pollution control, Aluminum, peer review of an applicant’s monitoring (OMB) review and the requirements of Ammonium sulfate plants, Batteries , plans (if that activity may affect the the Executive Order. The Order defines Beverages, Carbon monoxide, Cement availability of a species or stock of ‘‘significant’’ regulatory action as one industry, Coal, Copper, Dry cleaners, marine mammal for taking for that is likely to lead to a rule that may: Electric power plants, Fertilizers, subsistence purposes). This rule also (1) Have an annual effect on the Fluoride, Gasoline, Glass and glass proposes changes to the existing economy of $100 million or more or products, Grains, Graphic arts industry, regulations to clarify the requirements adversely affect in a material way the Heaters, Household appliances, for obtaining a small take authorization. economy, a sector of the economy, Insulation, Intergovernmental relations, If implemented, this rule would result productivity, competition, jobs, the Iron, Labeling, Lead, Lime, Metallic and in a more streamlined and cost-effective environment, public health or safety in nonmetallic mineral processing plants, method for obtaining small take by State, local, or tribal governments or Metals, Motor vehicles, Natural gas, incidental harassment authorizations, communities; Nitric acid plants, Nitrogen dioxide, without lessening the MMPA’s 28380 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Proposed Rules protection of species and stocks of incidental takings of depleted, need to issue specific regulations marine mammals. endangered, or threatened marine governing the taking of marine DATES: Comments must be received no mammals. Prior to the 1986 mammals for each and every activity. later than July 17, 1995. amendments, section 101(a)(5) of the The proposed rule sets forth: (1) The ADDRESSES: Written comments on the MMPA applied only to non-depleted process for obtaining an authorization; proposed rule should be addressed to marine mammals. On September 29, (2) the specific time limits imposed by Chief, Marine Mammal Division, Office 1989 (54 FR 40338), NMFS and the U.S. the statute for NMFS review and of Protected Resources, National Marine Fish and Wildlife Service, jointly publication, and public notice and Fisheries Service, 1315 East-West published regulations expanding the comment, on any requests for Highway, Silver Spring, MD 20910– scope of the 1982 regulations to include authorization that would be granted 3226. A copy of the Environmental depleted marine mammals, revising the under this paragraph; and (3) the Assessment (EA) may be obtained by definition of negligible impact, and requirements for scientific peer review writing to this address or by telephoning adding a new definition for unmitigable of an applicant’s monitoring plans and the contact listed below. adverse impact. submission of a plan of cooperation (if Comments regarding the burden-hour However, concern was expressed by the subject activity may affect the estimate or any other aspect of the some during Congressional oversight on availability of a species or stock of collection of information requirement the MMPA that the regulatory process marine mammal for taking for contained in this rule should be sent to for authorizing small takes remained subsistence purposes). The proposed the above individual and to the Office lengthy, cumbersome, and with little rule also incorporates the definition of of Information and Regulatory Affairs, correlation to the level of interaction ‘‘harassment’’ added by statute and between the activity and marine Office of Management and Budget would make minor changes to the mammals or the degree of potential (OMB), Attention: NOAA Desk Officer, existing regulations to clarify the harm to the species or stock. The net Washington, D.C. 20503. requirements for obtaining a small take result, these commenters believed, was authorization. FOR FURTHER INFORMATION CONTACT: that scarce Government resources were Kenneth R. Hollingshead, Office of being misallocated and that compliance Discussion Protected Resources, NMFS, (301) 713– with the MMPA was not encouraged 2055. Scope of Incidental Harassment because of the length of time necessary Authorizations SUPPLEMENTARY INFORMATION: to obtain an authorization. In the 1994 Amendments to the Background On April 30, 1994, the President signed Public Law 103–238, the Marine MMPA, Congress defined the term Section 101(a)(5)(A) of the MMPA (16 Mammal Protection Act Amendments of ‘‘harassment’’ as: ‘‘any act of pursuit, U.S.C. 1361 et seq.), as enacted in 1981, 1994. One part of this law amended torment, or annoyance, which (i) has the directs the Secretary of Commerce to section 101(a)(5) of the MMPA to potential to injure a marine mammal or allow, upon request by U.S. citizens establish an expedited process by which marine mammal stock in the wild’’ engaged in a specific activity (other than citizens of the United States can apply (Level A harassment); or ‘‘(ii) has the commercial fishing) in a specified for an authorization to incidentally take potential to disturb a marine mammal or geographical region, the incidental, but small numbers of marine mammals by marine mammal stock in the wild by not intentional, taking of small numbers harassment. It established specific time causing disruption of behavioral of marine mammals, if certain findings limits for public notice and comment on patterns, including, but not limited to, are made and regulations are issued. any requests for authorization which migration, breathing, nursing, breeding, Under the MMPA, the term ‘‘taking’’ would be granted under this new feeding, or sheltering’’ (Level B means to harass, hunt, capture or kill. provision. The legislative history noted harassment). For the purpose of Pursuant to implementing regulations however, that in some instances, incidental harassment authorizations, published on May 18, 1982 (47 FR requests will be made for authorizations NMFS proposes to limit the use of those 21248), permission may be granted for identical to ones issued in the previous authorizations for harassment involving periods up to 5 years if NMFS finds, year. According to the legislative the ‘‘potential to injure’’ to only after notice and opportunity for public history, in such circumstances Congress incidental harassment that may involve comment, that the taking will have a expects NMFS to act expeditiously in non-serious injury. Serious injury for negligible impact on the species or complying with the notice and comment marine mammals, such as permanent stock(s) of marine mammals and will requirements. There is no need in such hearing or eyesight loss, or severe not have an unmitigable adverse impact a case, the legislative history notes, for trauma, could lead fairly quickly to the on the availability of the species or NMFS to use the full 120 days allowed. animal’s death. NMFS does not believe stock(s) for subsistence uses. In The legislative history also notes that that Congress intended to allow addition, NMFS must prescribe activity- NMFS should use the general ‘‘incidental harassment’’ takings to specific regulations that include rulemaking authority available under include injuries that are likely to result permissible methods of taking and other section 112 of the MMPA to establish a in mortality, even where such incidental means effecting the least practicable process for granting authorization in the harassment involves only small adverse impact on the species and its case of small takes by harassment in the numbers of marine mammals. Therefore, habitat, and on the availability of the Arctic Ocean (H.R. Rep. No. 439, 103d if the review of an application for species for subsistence uses, paying Cong., 2d Sess. 29, 30 (Mar. 21, 1994)). incidental harassment indicates that particular attention to rookeries, mating there is a potential for serious injury or grounds and areas of similar Proposed Action death, NMFS proposes that it would significance. These regulations must NMFS is proposing to modify existing either (1) determine that the potential include requirements pertaining to the regulations found at 50 CFR part 228, for serious injury can be negated monitoring and reporting of such taking. subpart A to include the simplified through mitigation requirements that In 1986, the MMPA and the process for authorizing the incidental could be required under the Endangered Species Act (16 U.S.C. 1531 taking of small numbers of marine authorization or (2) deny the incidental et seq.) were amended to authorize mammals by harassment without the harassment authorization and require Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Proposed Rules 28381 the applicant to petition for a regulated after the close of the public comment independent peer review of proposed small take authorization under 50 CFR period, NMFS expects that Federal, monitoring plans or other research proposals 228.5. For example, if an application federally-funded, or federally-permitted where the proposed activity may affect the indicates that an acoustic source at its applicants will have completed their availability of a species or stock for taking for subsistence uses * * *. maximum output level has the potential responsibilities under the National to cause a temporary threshold shift in Environmental Policy Act (NEPA) and To minimize potential conflicts a marine mammal’s hearing ability, that its implementing regulations (40 CFR among user groups over whether a taking would constitute a ‘‘harassment’’ parts 1500–1508) prior to submitting an proposed Monitoring Plan (Plan) is take, since the animal’s hearing ability application for an incidental harassment adequate for determining the effects of would recover and the section authorization. the proposed activity on stocks of 101(a)(5)(D) application would be marine mammals, the applicant would Monitoring Plans appropriate. However, if the acoustic be required to submit a draft Plan either source at its maximum level had the Consistent with the requirements of along with an incidental harassment potential to cause a permanent the MMPA, NMFS proposes to require application or no later than 120 days threshold shift in a marine mammal’s applicants to monitor the impact of their prior to the date an incidental hearing ability, that activity would be activity on marine mammals and to harassment authorization is expected to considered to be capable of causing submit monitoring plans for all be issued. Upon receipt of the draft serious injury to a marine mammal and applications for incidental harassment Plan, NMFS would establish an would therefore not be appropriate for authorizations under part 228. Without independent peer-review panel to an incidental harassment authorization. appropriate monitoring, NMFS would critique the Plan and, if appropriate, to be unable to ensure that authorizations provide NMFS and the applicant with Applications over time have only a negligible impact suggestions for improvement of New section 101(a)(5)(D)(iii) of the on species or stocks of marine mammals monitoring. It is anticipated that the MMPA requires NMFS to publish a and no unmitigable adverse impact on applicant would consider any proposed authorization not later than 45 the availability of species or stocks for comments and recommendations made days after receiving an application taking for subsistence uses. NMFS by the panel or NMFS prior to under this subparagraph. However, recognizes however, that in some cases submitting a final proposed Plan to NMFS does not publish notices, but the level of monitoring necessary to NMFS. This final plan should be rather files notices with the Office of the ensure that the requirements of this submitted a minimum of 30 days prior Federal Register (OFR) for publication. section of the MMPA are met may be to the date an incidental harassment Actual publication normally occurs in low. In such cases, NMFS would strive authorization is expected to be issued. the Federal Register 3 to 4 days after to seek a balance between the need to As an example of a peer-reviewed receipt at the OFR. The occurrence of ensure, through monitoring, that the process, applicants involved in oil and weekends and holidays after the receipt activity is not having more than a gas exploration activities in the Beaufort date of the application at NMFS, negligible impact on the marine Sea cooperate with NMFS and North coupled with the days between delivery mammals or on the health and stability Slope residents and usually a workshop of a notice of proposed authorization at of the ecosystem of which marine is scheduled to peer-review their Plan. the OFR and the actual date of mammals are a part and the logistical That procedure is likely to continue publication in the Federal Register, burden of the monitoring requirements under this rule. For this activity, the often would compress NMFS’ review on the applicant. workshop normally includes 6-10 time to less than 30 working days. As Under these proposed regulations, experts in the fields of population a result, in order for NMFS to accept an when applying for an incidental ecology, survey design, acoustics, and incidental harassment application, such harassment authorization under 50 CFR marine mammal behavior. Panelists are application must be complete, accurate 228.7, the applicant would be required selected by NMFS, in consultation with (to the extent possible), and address in to include a site-specific plan to monitor the Marine Mammal Commission some detail the information items the effects on stocks of marine mammals (MMC), the Alaskan Eskimo Whaling requested as part of the application. If that are expected to be present while Commission (AEWC) and/or other an application does not provide conducting activities. This plan, whose Alaskan native organizations as documentary evidence sufficient for adequacy must be approved by NMFS, appropriate, and the applicant. Selected NMFS to make a preliminary at a minimum, would have to include panelists are experts who are not determination that the activity is likely information regarding: (1) The survey currently employed or contracted by to result in only a small take (by techniques, and/or other methods to be either the affected Alaskan native harassment) of marine mammals and used, to determine whether the behavior organization or the applicant. Normally, have no more than a negligible impact (including, if appropriate, vocalizations) the workshop is chaired by either a on the species or stocks impacted or of marine mammals near the activity NMFS or MMC employee and minutes their habitat, NMFS will return the site is being affected, and (2) how the from the workshop are prepared within application as incomplete. number of marine mammals affected 2 weeks by a rapporteur, assigned to NMFS will make a final (i.e., taken by harassment) by the assist the Chair, and made available to determination on the application within planned activity would be determined, the general public upon request. 45 days after the close of the public including the expected precision of that If a plan proposes to continue, review period and will publish notice of estimated number. If requested, NMFS without significant modification, the the final disposition in the Federal would provide guidelines to applicants approved plan from the previous year, Register within 30 days of issuance of for development of site-specific the Assistant Administrator for that determination. monitoring plans. Fisheries, NOAA (AA) may waive the Also, since the MMPA limits the requirement for peer-review. This comment period for incidental Requirements for Activities Impacting determination would be announced in harassment authorizations to a Arctic Subsistence Needs either the proposed authorization notice maximum of 30 days and a final Section 101(a)(5)(D)(ii)(III) of the for an incidental harassment decision on the application to 45 days MMPA requires authorization or the notice of issuance 28382 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Proposed Rules of an annual Letter of Authorization issuing regulations and/or LOAs. In implementation of these general (LOA) under 50 CFR 228.6 and would addition, NMFS is proposing to require regulations would not have a significant be made available to the general public. any Federal agencies that apply for impact on the human environment. As Also, when applying for either an authorization under this part to provide a result of this determination, an incidental harassment authorization or to the AA, as part of the application environmental impact statement is not an LOA, for an activity that has the process, any documentation such required. A copy of the EA is available potential to affect the availability of a agency has prepared under NEPA. Any upon request (see ADDRESSES). species or stock of marine mammal for delay in submission of appropriate In addition, while each proposed taking by subsistence uses, the applicant NEPA documentation could cause a incidental harassment authorization would also be required to submit a plan delay in small take authorization under will be reviewed independently to of cooperation that identifies what these regulations. Private entities either determine its impact on the human measures have been taken and would be funded or permitted by Federal agencies environment, NMFS believes that, taken to minimize the adverse effects on for the applied activity would need to because the finding required for the availability of marine mammals for submit NEPA documentation prepared incidental harassment authorizations is subsistence users. This cooperation plan by the funding agency with their small that the taking (by harassment) have a would have to include: (1) A statement take application. Private organizations negligible impact on marine mammals that the applicant has notified and met not funded by Federal agencies would and their habitat, the majority of the with the affected subsistence need to provide sufficient information authorizations should be ‘‘categorically communities to discuss proposed in their application for NMFS to excluded’’ (as defined in 40 CFR 1508.4) activities and to resolve potential perform an appropriate NEPA analysis. from the preparation of either conflicts regarding siting, timing and Applicants would be expected to give environmental impact statements or methods of operation; (2) a description consideration to, and fully discuss, environmental assessments under NEPA of what measures the applicant has alternatives to their activity that would and section 6.02.c.3(i) of NOAA taken and would take to ensure that involve a lesser impact on marine Administrative Order 216–6 for activities would not interfere with mammals or their habitat, including Environmental Review Procedures subsistence hunting; and (3) a statement seasonal or diel alternatives. Agencies (published August 6, 1991). that the applicant would continue to could formally provide a NEPA Classification meet with the affected communities up document as part of their application at to and during the activities to resolve the following junctures: (1) At any time This action has been determined to be conflicts and notify the native subsequent to publication and release of not significant for purposes of E.O. communities of any changes in plans or a final environmental impact statement 12866. operation. or analysis, provided the document The Assistant General Counsel for reflected the situation as described in Legislation and Regulation of the Reporting the small take application and had Department of Commerce certified to Consistent with the MMPA, NMFS undergone public review and comment; the Small Business Administration that proposes to require the holder of an or (2) upon notification in the Federal this proposed rule, if adopted, would incidental harassment authorization to Register that the document is available not have a significant economic impact submit a report to the AA within 90 for public review. on a substantial number of small entities days of completion of any activities or Agencies requesting NMFS to be a since it would simply establish an 120 days prior to expiration of the ‘‘cooperating agency’’ as defined in expedited process for the review and incidental harassment authorization, Council on Environmental Quality issuance of authorizations for the whichever is earlier. This report would regulations (40 CFR 1501.6) would have incidental taking of small numbers of include information on the dates and to notify the AA in writing a minimum marine mammals by harassment while types of activities, dates and locations of of 18 months prior to expected initiation conducting activities (other than any monitoring activities, and results of of the proposed activity in order for commercial fishing) in and near marine the monitoring activities (e.g., estimate NMFS to assess program commitments waters. Without these authorizations, of actual number of animals taken by and research requirements (if any), for the taking of marine mammals, even by species by take-type and a description of cooperating in the joint completion of harassment, is prohibited. any observed changes in behavior the NEPA document. Although NMFS This proposed rule does not contain attributable to the exploratory would make every attempt to cooperate policies with federalism implications activities). with other agencies, it cannot guarantee sufficient to warrant preparation of a Monitoring reports would be its ability to cooperate with agencies not federalism assessment under E.O. reviewed by the AA and if determined meeting this criterion. 12612. to be incomplete or inaccurate, would This proposed rule contains National Environmental Policy Act be returned to the holder of the collection-of-information requirements authorization with an explanation of The general regulations in subpart A subject to the provisions of the why the report is being returned. If the would implement section 101(a)(5)(D) of Paperwork Reduction Act. Although authorization holder disagrees with the the MMPA, as added by the 1994 this collection has been approved findings of the AA, the holder would Amendments, by providing a previously by the Office of Management have an opportunity to request an mechanism to authorize the incidental, and Budget (OMB) under OMB control independent peer review of the report. but not intentional, taking by number 0648–0151, because of new A failure to submit a complete report harassment of small numbers of marine collection requirements for activities may result in a delay in processing mammals by U.S. citizens engaged in a taking place in Arctic waters, this rule subsequent authorization requests. specified activity in a specified is being resubmitted to OMB for review geographic region. Also included are and approval. The average reporting Other Regulatory Amendments proposed amendments to the existing burden for this collection is estimated to In this rule, NMFS is also proposing subpart A. The AA has determined, be approximately 252 hours per activity to amend existing regulations to based upon an EA prepared for this (range 96–563 hours depending upon streamline and clarify the process for action under NEPA, that complexity), including the time for Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Proposed Rules 28383 gathering and maintaining the data unmitigable adverse impact on the Negligible impact is an impact needed, and completing and reviewing availability of those species or stocks of resulting from the specified activity that the collection of information including marine mammals intended for cannot be reasonably expected to, and is annual reports. subsistence uses; not reasonably likely to, adversely affect (b) Prescribes either regulations under the species or stock through effects on List of Subjects in 50 CFR Part 228 § 228.5, or requirements and conditions annual rates of recruitment or survival. Marine mammals, Reporting and contained within an incidental Small numbers means a portion of a recordkeeping requirements. harassment authorization issued under marine mammal species or stock whose Dated: May 23, 1995. § 228.7, setting forth permissible taking would have a negligible impact on that species or stock. Richard H. Schaefer, methods of taking and other means of effecting the least practicable adverse Specified activity means any activity, Acting Assistant Administrator for Fisheries, other than commercial fishing, that National Marine Fisheries Service. impact on the species or stock of marine mammal and its habitat and on the takes place in a specified geographical For reasons set out in the preamble, availability of the species or stock of region and potentially involves the 50 CFR part 228 is proposed to be marine mammal for subsistence uses, taking of small numbers of marine amended as follows: paying particular attention to rookeries, mammals. mating grounds, and areas of similar Specified geographical region means PART 228ÐREGULATIONS significance; and an area within which a specified GOVERNING SMALL TAKES OF (c) Prescribes either regulations or activity is conducted and that has MARINE MAMMALS INCIDENTAL TO requirements and conditions contained certain biogeographic characteristics. SPECIFIED ACTIVITIES within an incidental harassment Unmitigable adverse impact means an impact resulting from the specified 1. The authority citation for part 228 authorization, as appropriate, pertaining to the monitoring and reporting of such activity: continues to read as follows: (1) That is likely to reduce the taking. The specific regulations Authority: 16 U.S.C. 1361 et seq. availability of the species to a level governing certain specified activities are insufficient for a harvest to meet 2. Subpart A is revised to read as contained in subsequent subparts to this follows: subsistence needs by: part. (i) Causing the marine mammals to Subpart AÐGeneral § 228.3 Definitions. abandon or avoid hunting areas; In addition to definitions contained in (ii) Directly displacing subsistence Sec. the Act, and unless the context users; or (iii) Placing physical barriers between 228.1 Purpose. otherwise requires, in this part 228: 228.2 Scope. Act means the Marine Mammal the marine mammals and the subsistence hunters; and 228.3 Definitions. Protection Act of 1972, as amended, 16 228.4 Submission of requests. (2) That cannot be sufficiently U.S.C. 1361 et seq. 228.5 Specific regulations. mitigated by other measures to increase Assistant Administrator means the 228.6 Letter of authorization. the availability of marine mammals to Assistant Administrator for Fisheries, 228.7 Incidental harassment authorization. allow subsistence needs to be met. 228.8 Requirements for monitoring and NOAA, National Marine Fisheries reporting under incidental harassment Service, 1315 East-West Highway, Silver § 228.4 Submission of requests. authorizations. Spring, MD 20910–3226. (a) In order for the National Marine Citizens of the United States and U.S. Fisheries Service to consider Subpart AÐGeneral citizens mean individual U.S. citizens or authorizing the taking by U.S. citizens any corporation or similar entity if it is of small numbers of marine mammals § 228.1 Purpose. organized under the laws of the United incidental to a specified activity (other The regulations in this part States or any governmental unit defined than commercial fishing), or to make a implement section 101(a)(5)(A) through in 16 U.S.C. 1362(13). U.S. Federal, state finding that an incidental take is (D) of the Marine Mammal Protection and local government agencies shall unlikely to occur, a written request must Act of 1972, as amended (16 U.S.C. also constitute citizens of the United be submitted to the Assistant 1371(a)(5)), which provides a States for purposes of this part. Administrator. All requests must mechanism for allowing, upon request, Harassment means any act of pursuit, include the following information for the incidental, but not intentional, torment, or annoyance that: their activity: taking of small numbers of marine (1) Has the potential to injure a (1) A detailed description of the mammals by U.S. citizens who engage marine mammal or marine mammal specific activity or class of activities that in a specified activity (other than stock in the wild; or can be expected to result in incidental commercial fishing) within a specified (2) Has the potential to disturb a taking of marine mammals; geographic region. marine mammal or marine mammal (2) The specific date(s) and duration stock in the wild by causing disruption of such activity and the specific § 228.2 Scope. of behavioral patterns, including, but geographical region where it will occur; The taking of small numbers of not limited to, migration, breathing, (3) The species and numbers of marine mammals under section nursing, breeding, feeding, or sheltering. marine mammals likely to be found 101(a)(5) of the Marine Mammal Incidental harassment, incidental within the activity area and those Protection Act may be allowed only if taking and incidental, but not marine mammals that may be taken by the National Marine Fisheries Service: intentional, taking all mean an the activity by age, sex, and (a) Finds, based on the best scientific accidental taking. This does not mean reproductive condition; evidence available, that the total taking that the taking is unexpected, but rather (4) A description of the status, by the specified activity during the it includes those takings which are distribution, and seasonal distribution specified time period will have a infrequent, unavoidable or accidental. (when applicable) of the affected species negligible impact on species or stock of (A complete definition of take is or stocks of marine mammals likely to marine mammal(s) and will not have an contained in § 216.3 of this chapter). be affected by such activities; 28384 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Proposed Rules (5) The type of incidental taking (12) The suggested means of specified activity within the specified authorization that is being requested accomplishing the necessary monitoring geographic region will have a negligible (i.e., takes by harassment only; takes by and reporting that will result in impact on the species or stock and, harassment, injury and/or death), the increased knowledge of the species, the where appropriate, will not have an method of incidental taking (e.g., level of taking or impacts on unmitigable adverse impact on the disturbance by anthropogenic noise populations of marine mammals that are availability of such species or stock for such as construction, seismic activities, expected to be present while conducting subsistence uses. If the Assistant or ship traffic; serious injury or death activities and suggested means of Administrator finds that the mitigating resulting from explosives or collisions minimizing burdens by coordinating measures would render the impact of between marine mammals and ships), such reporting requirements with other the specified activity negligible when it and the number of times such taking is schemes already applicable to persons would not otherwise satisfy that likely to occur; conducting such activity. Monitoring requirement, the Assistant (6) The anticipated impact of the plans should include a description of Administrator may make a finding of activity upon the species or stock of the survey techniques that would be negligible impact subject to such marine mammal; used to determine the movement and mitigating measures being successfully (7) The anticipated impact of the activity of marine mammals near the implemented. Any preliminary findings activity on the availability of the species activity site(s) including migration and of ‘‘negligible impact’’ and ‘‘no or stocks of marine mammals for other habitat uses, such as feeding. unmitigable adverse impact’’ shall be subsistence uses; Guidelines for developing a site-specific proposed for public comment along (8) The anticipated impact of the monitoring plan may be obtained by with either the proposed incidental activity upon the habitat and food writing to the Assistant Administrator. harassment authorization or the sources of the marine mammal (13) Suggested means of learning of, proposed regulations for the specific populations, and the likelihood of encouraging, and coordinating research activity. restoration of the affected habitat or opportunities, plans, and activities (d) If, subsequent to the public review food sources; relating to reducing such incidental period, the Assistant Administrator (9) The anticipated impact of the loss taking and evaluating its effects. finds that the taking by the specified or modification of the habitat or food (b)(1) The Assistant Administrator activity would have more than a sources on the marine mammal shall determine the adequacy and negligible impact on the species or stock populations involved; completeness of a request, and, if of marine mammal or would have an (10) The availability and feasibility determined to be adequate, complete, unmitigable adverse impact on the (economic and technological) of and in full compliance with the Act and availability of such species or stock for equipment, methods, and manner of other existing laws and regulations (in subsistence uses, the Assistant conducting such activity or other means particular, the National Environmental Administrator shall publish in the of effecting the least practicable adverse Policy Act and the Endangered Species Federal Register the negative finding impact upon the affected species or Act), will egin the public review process along with the basis for denying the stocks, their habitat, and on their by publishing in the Federal Register request. availability for subsistence uses, paying either: particular attention to rookeries, mating (i) A proposed incidental harassment § 228.5 Specific regulations. grounds, and areas of similar authorization; or (a) For all petitions for regulations significance. (ii) A notice of receipt of a request for under this paragraph, applicants must (11) Where the proposed activity the promulgation or repromulgation of provide the information requested in would take place in or near a traditional regulations governing the incidental § 228.4(a) on their activity as a whole, subsistence hunting area and/or may taking. which includes, but is not necessarily affect the availability of a species or (2) Through notice in the Federal limited to, an assessment of total stock of marine mammal for subsistence Register, newspapers of general impacts by all persons conducting the uses, the applicant must submit a plan circulation, and appropriate electronic activity. of cooperation that identifies what media in the coastal areas that may be (b) For allowed activities that may measures have been taken and will be affected by such activity, NMFS will result in incidental takings of small taken to minimize any adverse effects invite information, suggestions, and numbers of marine mammals by on the availability of marine mammals comments for a period not to exceed 30 harassment, serious injury, death or for subsistence uses. A plan must days from the date of publication in the combination thereof, specific include the following: Federal Register. All information and regulations shall be established for each (i) A statement that the applicant has suggestions will be considered by the allowed activity which set forth: notified and met with the affected National Marine Fisheries Service in (1) Permissible methods of taking; subsistence communities to discuss developing, if appropriate, the most (2) Means of effecting the least proposed activities and to resolve effective regulations governing the practicable adverse impact on the potential conflicts regarding any aspects issuance of letters of authorization or species and its habitat and on the of the operation; conditions governing the issuance of an availability of the species for (ii) A description of what measures incidental harassment authorization. subsistence uses; and the applicant has taken and will take to (3) Applications that are determined (3) Requirements for monitoring and ensure that proposed activities will not to be incomplete, or inappropriate for reporting, including requirements for interfere with subsistence whaling or the type of taking requested, will be the independent peer-review of sealing; and returned to the applicant with an proposed monitoring plans where the (iii) What plans the applicant has to explanation of why the application is proposed activity may affect the continue to meet with the affected being returned. availability of a species or stock for communities, both prior to and while (c) The Assistant Administrator shall taking for subsistence uses. conducting the activity, to resolve evaluate each request to determine, (c) Regulations will be established conflicts and to notify the communities based upon the best available scientific based on the best available information. of any changes in the operation. evidence, whether the taking by the As new information is developed, Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Proposed Rules 28385 through monitoring, reporting, or following a 30-day public review authorization shall subject the Holder research, the regulations may be period, incidental harassment and/or any individual who is operating modified, in whole or in part, after authorizations may be issued to allowed under the authority of the Holder’s notice and opportunity for public activities that may result in only the Incidental Harassment Authorization to review. incidental harassment of a small penalties provided in the Act. number of marine mammals. Each such § 228.8 Requirements for monitoring and § 228.6 Letter of authorization. incidental harassment authorization (a) A Letter of Authorization, which reporting under incidental harassment shall set forth: authorizations. may be issued only to U.S. citizens, is (1) Permissible methods of taking by (a) Holders of an incidental required to conduct activities pursuant harassment; to any regulations established under (2) Means of effecting the least harassment authorization and their § 228.5. Requests for letters of practicable adverse impact on the employees, agents, and designees must authorization shall be submitted to the species, its habitat, and on the cooperate with the National Marine Assistant Administrator. The availability of the species for Fisheries Service and other designated information to be submitted in a request subsistence uses; and Federal, state, or local agencies to will be specified in the regulations (3) Requirements for monitoring and monitor the impacts of their activity on authorizing the incidental take or may reporting, including requirements for marine mammals. Unless stated be obtained by writing to the Assistant the independent peer-review of otherwise within an incidental Administrator. proposed monitoring plans where the harassment authorization, the Holder of (b) Issuance of a Letter of proposed activity may affect the an incidental harassment authorization Authorization will be based on a availability of a species or stock for must notify the appropriate Regional determination that the level of taking taking for subsistence uses. Director, National Marine Fisheries will be consistent with the findings (b) Issuance of an incidental Service, of any activities that may made for the total taking allowable harassment authorization will be based involve a take by incidental harassment under the specific regulations. on a determination that the number of at least 14 calendar days prior to (c) Letters of Authorization will marine mammals taken by harassment commencement of the activity. specify the period of validity and any will be small, will have a negligible (b) Holders of incidental harassment additional terms and conditions impact on the species or stock of marine authorizations may be required by their appropriate for the specific request. mammal(s), and will not have an authorization to designate at least one (d) Notice of issuance of all Letters of unmitigable adverse impact on the qualified biological observer or another Authorization will be published in the availability of species or stocks for appropriately experienced individual to Federal Register within 30 days of taking for subsistence uses. observe and record the effects of issuance. (c) An incidental harassment activities on marine mammals. The (e) Letters of Authorization shall be authorization will be either issued or number of observers required for withdrawn or suspended, either on an denied within 45 days after the close of monitoring the impact of the activity on individual or class basis, as appropriate, the public review period. marine mammals will be specified in if, after notice and opportunity for (d) Notice of issuance or denial of an the incidental harassment authorization. public comment, the Assistant incidental harassment authorization If required, the observer(s) must be Administrator determines that: will be published in the Federal approved in advance by the National (1) The regulations prescribed are not Register within 30 days of issuance of Marine Fisheries Service. being substantially complied with; or a determination. (c) The monitoring program must, if (2) The taking allowed is having, or (e) Incidental harassment appropriate, document the effects may have, more than a negligible impact authorizations will be valid for 1 year. (including acoustical) on marine on the species or stock, or where (f) An incidental harassment mammals and document or estimate the relevant, an unmitigable adverse impact authorization shall be modified, actual level of take. The requirements on the availability of the species or withdrawn, or suspended, if, after for monitoring plans, as specified in the stock for subsistence uses. notice and opportunity for public incidental harassment authorization, (f) The requirement for notice and comment, the Assistant Administrator may vary depending on the activity, the opportunity for public review in determines that: location, and the time. § 228.6(e) shall not apply if the (1) The conditions and requirements (d) Where the proposed activity may Assistant Administrator determines that prescribed in the authorization are not affect the availability of a species or an emergency exists that poses a being substantially complied with, or stock of marine mammal for taking for significant risk to the wellbeing of the (2) The authorized taking, either subsistence purposes, proposed species or stocks of marine mammals individually or in combination with monitoring plans or other research concerned. other authorizations, is having, or may proposals must be independently peer (g) A violation of any of the terms and have, more than a negligible impact on reviewed prior to final approval of the conditions of a Letter of Authorization the species or stock, or, where relevant, applicant’s submission of a request for or of the specific regulations shall an unmitigable adverse impact on the an incidental harassment authorization subject the Holder and/or any availability of the species or stock for under this subpart. In order to complete individual who is operating under the subsistence uses. the peer-review process within the time authority of the Holder’s Letter of (g) The requirement for notice and frames mandated by the Act for an Authorization to penalties provided in opportunity for public review in incidental harassment authorization, a the Act. § 228.7(f) shall not apply if the Assistant proposed monitoring plan submitted Administrator determines that an under this paragraph must be submitted § 228.7 Incidental harassment emergency exists that poses a significant to the Assistant Administrator no later authorization. risk to the well being of the species or than the date of submission of the (a) Except for activities that have the stocks of marine mammals concerned. application for an incidental harassment potential to result in serious injuries (h) A violation of any of the terms and authorization. Upon receipt of a (that may be authorized under § 228.5), conditions of an incidental harassment complete monitoring plan, and at its 28386 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Proposed Rules discretion, the National Marine prior to expiration of the incidental explanation of why the report is being Fisheries Service will either submit the harassment authorization, whichever is returned. If the authorization holder plan to members of a peer-review panel earlier. This report must include the disagrees with the findings of the for review or within 60 days of receipt following information: Assistant Administrator, the holder may of the proposed monitoring plan, (i) Dates and type(s) of activity; request an independent peer review of schedule a workshop to review the plan. (ii) Dates and location(s) of any the report. Failure to submit a complete The applicant must submit a final activities related to monitoring the and accurate report may result in a monitoring plan to the Assistant effects on marine mammals; and delay in processing future authorization Administrator prior to the issuance of (iii) Results of the monitoring requests. an incidental harassment authorization. activities, including an estimate of the (e) At its discretion, the National actual level and type of take, species (g) Results of any behavioral, feeding, Marine Fisheries Service may place an name and numbers of each species or population studies, that are observer on board vessels, platforms, observed, direction of movement of conducted supplemental to the aircraft, etc., to monitor the impact of species, and any observed changes or monitoring program, should be made activities on marine mammals. modifications in behavior. available to the National Marine (f) Reporting. (1) The holder of an (2) Monitoring reports will be Fisheries Service before applying for an incidental harassment authorization reviewed by the Assistant Administrator incidental harassment authorization for must submit a report to the Assistant and, if determined to be incomplete or the following year. Administrator within either 90 days of inaccurate, will be returned to the [FR Doc. 95–13265 Filed 5–30–95; 8:45 am] completion of any activities or 120 days holder of the authorization with an BILLING CODE 3510±22±F 28387 Notices Federal Register Vol. 60, No. 104 Wednesday, May 31, 1995 This section of the FEDERAL REGISTER Agricultural Research Service receives Support Team, International Services, contains documents other than rules or written evidence and argument which APHIS, room 1128, South Building, proposed rules that are applicable to the establishes that the grant of the licenses 14th Street and Independence Avenue public. Notices of hearings and investigations, would not be consistent with the SW., Washington, DC 20250. committee meetings, agency decisions and requirements of 35 U.S.C. 209 and 37 rulings, delegations of authority, filing of SUPPLEMENTARY INFORMATION: petitions and applications and agency CFR 404.7. Legislation implementing the Uruguay statements of organization and functions are R.M. Parry, Jr., Round of the General Agreements on examples of documents appearing in this Assistant Administrator. Tariffs and Trade (the Uruguay Round section. [FR Doc. 95–13240 Filed 5–30–95; 8:45 am] Agreements Act) was signed into law BILLING CODE 3410±03±M (Pub. L. 103–465) by the President on December 8, 1994. The Uruguay Round DEPARTMENT OF AGRICULTURE Agreements Act amended title IV of the Animal and Plant Health Inspection Trade Agreements Act of 1979 (19 Agricultural Research Service Service U.S.C. 2531 et seq.) by adding a new subtitle F, ‘‘International Standard- Notice of Intent To Grant Exclusive [Docket No. 95±038±1] License Setting Activities.’’ Subtitle F requires International Sanitary and the President to designate an agency to AGENCY: Agricultural Research Service, Phytosanitary Standard-Setting be responsible for informing the public USDA. Activities of the sanitary and phytosanitary ACTION: Notice of intent. standard-setting activities of each AGENCY: Animal and Plant Health international standard-setting SUMMARY: Notice is hereby given that organization. The designated agency the U.S. Department of Agriculture, Inspection Service, USDA. ACTION: must inform the public by publishing a Agricultural Research Service, intends Notice and solicitation of notice in the Federal Register no later to grant to Opta Food Ingredients, Inc. comments. of Bedford, Massachusetts, and to than June 1 of each year, which SUMMARY: In accordance with legislation provides the following information: (1) American Maize-Products Company of implementing the Uruguay Round of the Hammond, Indiana, co-exclusive The sanitary or phytosanitary standards General Agreements on Tariffs and under consideration or planned for licenses to U.S. Patent Application Trade, we are informing the public of Serial No. 07/991,811 filed December consideration by the international international standard-setting activities standard-setting organization; and (2) 17, 1992, ‘‘Starch-Natural Gum of the Office International des Composite Compositions as Thickening for each sanitary or phytosanitary Epizooties and the Secretariat of the standard specified, a description of the and Suspending Agents.’’ Notice of International Plant Protection Availability was published in the consideration or planned consideration Convention, and we are soliciting public of the standard; whether the United Federal Register on April 19, 1993. comment on the standards to be DATES: Comments must be received on States is participating or plans to considered. or before July 31, 1995. participate in the consideration of the ADDRESSES: Please send an original and ADDRESSES: Send comments to: USDA, standard; the agenda for United States ARS, Office of Technology Transfer, three copies of your comments to participation, if any; and the agency Room 401, Building 005, BARC–West, Docket No. 95–038–1, Regulatory responsible for representing the Untied Baltimore Boulevard, Beltsville, Analysis and Development, PPD, States with respect to the standard. Maryland 20705–2350. APHIS, Suite 3C03, 4700 River Road Subtitle F defines ‘‘international FOR FURTHER INFORMATION CONTACT: Unit 118, Riverdale, MD 20737–1238. standard’’ as a standard, guideline, or June Blalock of the Office of Technology Please state in your letter that your recommendation: (1) Adopted by the Transfer at the Beltsville address given comments refer to Docket No. 95–038– Codex Alimentarius Commission above; telephone: 301–504–5989. 1, and state the name of the committee regarding food safety; (2) developed SUPPLEMENTARY INFORMATION: The or working group to which your under the auspices of the International Federal Government’s patent rights to comments are addressed. Comments Office of Epizootics regarding animal this invention are assigned to the United received may be inspected at USDA, health and zoonoses; (3) developed States of America, as repesented by the room 1141, South Building, 14th Street under the auspices of the Secretariat of Secretary of Agriculture. It is in the and Independence Avenue SW., the International Plant Protection public interest to so license this Washington, DC, between 8 a.m. and Convention in cooperation with the invention as Opta Food Ingredients, Inc. 4:30 p.m., Monday through Friday, North American Plant Protection and American Maize-Products Company except holidays. Persons wishing to Organization regarding plant health; or have submitted complete and sufficient inspect comments are requested to call (4) established by or developed under applications for a license. The ahead on (202) 690–2817 to facilitate any other international organization prospective co-exclusive licenses will entry into the comment reading room. agreed to by the member countries of be royalty-bearing and will comply with FOR FURTHER INFORMATION CONTACT: the North American Free Trade the terms and conditions of 35 U.S.C. Mr. Douglas Barnett, Assistant Director, Agreement or by member countries of 209 and 37 CFR 404.7. The prospective International Activities, International the World Trade Organization. co-exclusive licenses may be granted Services, APHIS, 4700 River Road Unit The Codex Alimentarius Commission unless, within sixty days from the date 67, Riverdale, MD 20737–1233, (301) (Codex) was created in 1962 by two of this published Notice, the 734–8892; or Mr. John Greifer, Trade United Nations organizations, the Food 28388 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices and Agriculture Organization (FAO) and international standards. The United Location of Meeting: To be announced the World Health Organization. It is the States is a participant in each of the Major Discussion/Agenda: Statistical major international organization for following activities and APHIS is the basis for inspection encouraging international trade in food agency responsible for representing the 5. Committee/Working Group: IPPC/ and protecting the health and economic United States with respect to these Foreign Agricultural Organization interests of customers. standards. In some cases, working Working Group on Pest Risk The Office International des groups and committees have not yet set Analysis Epizooties (OIE) was created in Paris, meeting dates and places or determined Agency Participant: Mr. Richard Orr France, in 1924, with the signing of an specific standards to be discussed. Also, General Purpose: Development of international agreement by 28 countries. because working groups and the issues international standards for pest risk Today, 143 countries are members. The they address are not static, this list may analysis. OIE facilitates intergovernmental not present a complete picture of the Date of Meeting: To be announced cooperation to prevent the spread of OIE and IPPC sanitary and Location of Meeting: To be announced contagious diseases in animals, assists phytosanitary standard-setting activities Major Discussion/Agenda: To be in the development of animal during the coming year. announced Other: The following standards have production through improved health 1. Committee/Working Group: Standards been completed in draft form: information, and shares scientific Commission of the OIE progress among its members. The OIE Standards for Pest Categorization Agency Participant: Dr. James Pearson (Bangkok, Thailand, Sept. 1994); provides the major international forum General Purpose: Establish standards for discussion and agreement on standards for determining whether for methods of diagnosing animal recommendations and proposals on an organism qualifies as a disease and testing biologics used topics such as disease control, technical quarantine pest. for control programs. cooperation, trade standards, and the Standards on Economic Impact Dates of Meetings: September 19–22, exchange of research and disease Assessment (Ottawa, Canada, Nov. 1995, February 1996 information. 1994); standards for performing an The Secretariat of the International Location of Meetings: Paris, France economic evaluation, including Plant Protection Convention (IPPC) was Major Discussion/Agenda: Review of environmental and social impacts) established within the FAO in 1952 in OIE reference laboratories; within a pest risk assessment. response to demands from members for diagnostic test standardization; OIE Standards on the Probability of development of global standards for reference sera; laboratory quality Introduction (Geneva, Switzerland, plant quarantine. The IPPC works with assurance; review of new edition of Jan. 1995); standards for plant protection organizations at OIE Manual of Standards of determining the probability of national and regional levels, including Diagnostic Tests and Vaccines; introduction (entry resulting in the North American Plant Protection provide advice to OIE Animal establishment) of a pest. Organization (NAPPO), to harmonize Health Code Commission Standard on Risk Management plant quarantine activities worldwide, 2. Committee/Working Group: OIE (Yokohama, Japan, Mar. 1995); facilitate the dissemination of General Session standards for making risk phytosanitary information, strengthen Agency Participant(s): Dr. Lonnie management decisions based on international cooperation, and support King (delegate); Dr. Alex Thiermann data from quarantine pest risk technical assistance to developing (alternate delegate and coordinator) assessments. countries. General Purpose: Establish and adopt 6. Committee/Working Group: NAPPO The World Trade Organization (WTO) international standards dealing Biological Control Committee was established on January 1, 1995, as with animal health. Agency Participant: Dr. Dale the common international institution for Date of Meeting: May 1996 Meyerdirk the conduct of trade relations among the Location of Meeting: Paris, France General Purpose: Facilitate members in matters related to the Major Discussion/Agenda: Animal cooperation among NAPPO member Uruguay Round of the General health standards as they relate to countries regarding biological Agreements on Tariffs and Trade. U.S. trade; including risk assessment control issues, through information membership in the WTO was approved standards (including criteria for exchange, coordination, and by Congress when it enacted the evaluating veterinary infrastructure) harmonization of recommendations, Uruguay Round Agreements Act. and regionalization regulations, and guidelines. The President, pursuant to 3. Committee/Working Group: IPPC Date of Meeting: February 19–13, Proclamation No. 6780 of March 23, Certification Standards 1996 1995 (60 FR 15845), designated the Agency Participant: Mr. Robert Griffin Location of Meeting: Mexico Secretary of Agriculture as the official General Purpose: Development of Major Discussion/Agenda: To be responsible for informing the public of standards for phytosanitary announced the sanitary and phytosanitary standard- certification. 7. Committee/Working Group: NAPPO setting activities of each international Date of Meeting: To be announced Fruit Tree and Grapevine Nursery standard-setting organization. This Location of Meeting: To be announced Stock Certification Standards Panel responsibility has been delegated to the Major Discussion/Agenda: Model Agency Participant: Dr. Joseph Foster Food Safety and Inspection Service of certification system General Purpose: Set minimum the United States Department of 4. Committee/Working Group: IPPC standards for pathogen testing and Agriculture (USDA) for Codex activities, Inspection Methodologies propagation of fruit trees and and to the USDA’s Animal and Plant Standards grapevines so certified nursery Health Inspection Service (APHIS) for Agency Participant: Mr. Robert Griffin stock can be shipped safely OIE and IPPC activities. General Purpose: Development of throughout North America. Accordingly, in this notice, APHIS standards for inspection Date of Meeting: June 21–24, 1995 announces the following OIE and IPPC methodology. Location of Meeting: Victoria, British (including NAPPO) activities related to Date of Meeting: To be announced Columbia, Canada Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices 28389 Major Discussion/Agenda: Pathogen development process; area freedom DEPARTMENT OF COMMERCE lists for each crop and pathogen standard; pest surveillance/ testing procedures for quarantine monitoring standard; pest risk National Oceanic and Atmospheric programs analysis standard. Administration 8. Committee/Working Group: NAPPO Working Group Comments on standards being Open Meeting Florida Keys National Agency Participant: Mr. Robert Griffin considered or to be considered by any Marine Sanctuary Advisory Committee of the committees or working groups General Purpose: Provide general AGENCY: Sanctuaries and Reserves listed above may be sent to us as leadership, director, and support to Division (SRD), Office of Ocean and directed under the heading ADDRESSES. NAPPO activities. Coastal Resource Management (OCRM), Date of Meeting: July and October, Done in Washington, DC, this 25th day of National Ocean Service (NOS), National 1995; January and April, 1996 May 1995. Oceanic and Atmospheric Location of Meeting: To be announced Terry L. Medley Administration (NOAA), Department of Major Discussion/Agenda: All new Commerce. and ongoing NAPPO business, Acting Administrator, Animal and Plant including standards Health Inspection Service. ACTION: Florida Keys National Marine 9. Committee/Working Group: NAPPO [FR Doc. 95–13241 Filed 5–30–95; 8:45 am] Sanctuary Advisory Council notice of Ad Hoc Irradiation Panel BILLING CODE 3410±34±M open meeting. Agency Participant: Mr. Robert Griffin SUMMARY: The Council was established General Purpose: Develop NAPPO Forest Service in December 1991 to advise and assist standards for the application of the Secretary of Commerce in the irradiation to phytosanitary Olympic Provincial Interagency development and implementation of the problems. comprehensive management plan for Date of Meeting: To be announced Executive Committee (PIEC), Advisory the Florida Keys National Marine Location of Meeting: To be announced Committee Sanctuary. Major Discussion/Agenda: Continuing development of trilateral policy AGENCY: Forest Service, USDA. TIME AND PLACE: June 20, 1995, from 9:00 10. Committee/Working Group: NAPPO a.m. until adjournment. The meeting ACTION: Notice of meeting. Ad Hoc Fruit Flies Panel location will be at the Hawk’s Cay Agency Participant: Mr. Michael Resort, Mile Marker 61, Duck Key, Stefan and Mr. Alan Green SUMMARY: The Olympic PIEC Advisory Florida. General Purpose: Develop quarantine Committee will meet on June 21, 1995 AGENDA: pest list for NAPPO region; develop at the Olympic Natural Resources 1. Elect new officers. NAPPO standards for monitoring Center, 1455 S. Forks Avenue, Forks, 2. Outline procedures for the advisory fruit fly species; develop NAPPO Washington. The meeting will begin at council’s involvement in the review standard for phytosanitary 9 a.m. and continue until 3 p.m. Agenda of draft management plan. measures. items to be covered include: (1) Review 3. Schedule next meeting. Date of Meeting: To be announced Long Term Vision from May meeting; PUBLIC PARTICIPATION: The meeting will Location of Meeting: To be announced (2) Discuss and Identify Tasks and be open to public participation. Public Major Discussion/Agenda: Regional Working Groups; (3) Review Watershed comment will be received from 11:30 pest list; monitoring standards; Analysis Priority Criteria—Recommend until noon and 4:30 to 5:30. Seats will phytosanitary measures standards; criteria for PIEC; (4) Intergovernmental be set aside for the public and the rationale on how to proceed with Data and Information Sharing; (5) media. Seats will be available on a first- issues not of direct concern to one Adaptive Management Area Planning; come first-served basis. of the three members (6) Summary of Ecosystem Research in FOR FURTHER INFORMATION CONTACT: June 11. Committee/Working Group: NAPPO the Hoh; (7) Open public forum. All Cradick at (305) 743–2437. Pest Risk Analysis Panel Olympic Province Advisory Committee Agency Participant: Dr. Matthew Federal Domestic Assistance Catalog Number meetings are open to the public. Royer 11.429, Marine Sanctuary Program. Interested citizens are encouraged to General Purpose: To implement Dated: May 25, 1995. NAPPO pest risk analysis standard. attend. David L. Evans, Date of Meeting: October 1995 FOR FURTHER INFORMATION CONTACT: Acting Deputy Assistant Administrator for Location of Meeting: Saskatchewan, Direct questions regarding this meeting Ocean Services and Coastal Zone Canada to Kathy Snow, Province Liaison, Management. Major Discussion/Agenda: To be USDA, Quilcene Ranger District, P.O. [FR Doc. 95–13281 Filed 5–30–95; 8:45 am] announced Box 280, Quilcene, WA 98376, (36) 765– BILLING CODE 3510±08±M 12. Committee/Working Group: NAPPO 2211 or Ronald R. Humphrey, Forest Executive Committee Supervisor, at (360) 956–2301. [I.D. 050595D] Agency Participant: Mr. Alfred S. Dated: May 24, 1995. Elder Permits; Foreign Fishing General Purpose: To harmonize plant Ronald R. Humphrey, quarantine regulations and import Forest Supervisor. In accordance with a memorandum of requirements among Canada, [FR Doc. 95–13203 Filed 5–30–95; 8:45 am] understanding with the Secretary of Mexico, and the United States State, the National Marine Fisheries BILLING CODE 3410±11±M Date of Meeting: August 15, 1995; Service publishes for public review and October 1995; April 1996 comment summaries of applications Location of Meeting: Saskatchewan, received by the Secretary of State Canada; Ottawa, Ontario, Canada requesting permits for foreign fishing Major Discussion/Agenda: Standards vessels to operate in the exclusive 28390 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices economic zone, under provisions of the [I.D.052295A] frequency sound source (peak frequency Magnuson Fishery Conservation and 75 Hz, 35 Hz bandwidth; 195 dB level Management Act (Magnuson Act, 16 Marine Mammals and Endangered (re 1 µPa at 1 m)) which would be Species U.S.C. 1801 et seq.). This notice located approximately 14 km north of concerns the receipt of an application AGENCY: National Marine Fisheries Kauai, at a depth of 850 m. The from the Government of Poland Service (NMFS), National Oceanic and proposed research would be conducted requesting authorization to conduct a Atmospheric Administration (NOAA), over a 2-year period. joint venture (JV) in the Northwest Commerce. Concurrent with the publication of this notice in the Federal Register, Atlantic Ocean. The application ACTION: Receipt of application for a NMFS is forwarding copies of this requests 10,000 metric tons (mt) of scientific research permit (P557E). application to the Marine Mammal Atlantic sea herring and 5,000 mt of SUMMARY: Notice is hereby given that Commission and its Committee of Atlantic mackerel be made available for Scripps Institution of Oceanography, Scientific Advisors. the JV. The freezer trawler MANTA is Institute for Geophysics and Planetary identified as the vessel that will receive Dated: May 23, 1995. Physics, Acoustic Thermometry of Ann D. Terbush, sea herring and mackerel from U.S. Ocean Climate Program, 9500 Gilman vessels. Based on receipt of a foreign JV Chief, Permits and Documentation Division, Drive, La Jolla, CA 92093–0225, has Office of Protected Resources, National application for Atlantic sea herring, and applied in due form for a permit to take Marine Fisheries Service. in accordance with section 201(h) of the several species of marine mammals and [FR Doc. 95–13196 Filed 5–30–95; 9:22 am] Magnuson Act, necessary regulatory sea turtles for purposes of scientific BILLING CODE 3510±22±F actions are being effected and a research. The subject application Preliminary Fishery Management Plan supersedes a previous application (PMP) for Atlantic sea herring is being published at 58 FR 60426, then [I.D. 052295B] developed. Specifications for the modified and re-published at 59 FR Marine Mammals Atlantic Mackerel, Squid and Butterfish 7983, and a subsequent revision to that Fishery Management Plan presently application which was never published, AGENCY: National Marine Fisheries include 35,000 mt of Atlantic mackerel both of which have been withdrawn. Service (NMFS), National Oceanic and as available for JV processing. DATES: Written comments must be Atmospheric Administration (NOAA), Approvability of the JV’s, as proposed in received on or before June 30, 1995. Commerce. the Polish application, will be ADDRESSES: The application and related ACTION: Receipt of application to modify contingent on development of a PMP for documents are available for review permit no. 927 (P79I). sea herring with specifications that upon written request or by appointment SUMMARY: Notice is hereby given that in the following office(s): include an amount of U.S.-harvested Institute of Marine Science, University Permits Division, Office of Protected herring for such operations, and on of California, Santa Cruz, CA 95064, has Resources, NMFS, 1315 East-West other issues that bear on the approval of requested a modification to permit No. Highway, Room 13130, Silver Spring, foreign fishing permits. Send comments 927. on this application to: MD 20910 (301/713–2289); and Director, Southwest Region, NMFS, ADDRESSES: The modification request NOAA—National Marine Fisheries NOAA, 501 West Ocean Boulevard, and related documents are available for Service, Office of Fisheries Conservation Suite 4200, Long Beach, CA 90802–4213 review upon written request or by and Management, 1315 East-West (301/980–4016). appointment in the following office(s): Highway, Silver Spring, MD 20910 and/ Written data or views, or requests for Permits Division, Office of Protected or, to one or both of the Regional a public hearing on this request, should Resources, NMFS, 1315 East-West Fishery Management Councils listed be submitted to the Director, Office of Highway, Room 13130, Silver Spring, below: Protected Resources, NMFS, 1315 East- MD 20910 (301/713–2289); Director, Southwest Region, NMFS, West Highway, Room 13130, Silver Douglas G. Marshall, Executive 310 W. Ocean Blvd., Long Beach, CA Spring, MD 20910. Those individuals Director, New England Fishery 90802–4213 (310/980–4001); and Management Council, 5 Broadway, requesting a hearing should set forth the Director, Alaska Region, NMFS, P.O. Saugus, MA 01906; (617) 231–0422. specific reasons why a hearing on this Box 21668, Juneau, AK 99802–1668 particular request would be appropriate. (907/586–7221). David R. Keifer, Executive Director, FOR FURTHER INFORMATION CONTACT: Mid-Atlantic Fishery Management Written data or views, or requests for Jeannie Drevenak, Permits Division, a public hearing on this request should Council, Federal Building, Room 2115, 301/713–2289. be submitted to the Director, Office of 300 South New Street, Dover, DE SUPPLEMENTARY INFORMATION: The Protected Resources, NMFS, NOAA, 19901–6790; (302) 674–2331. subject permit is requested under the U.S. Department of Commerce, 1315 For further information contact Robert authority of the Marine Mammal East-West Highway, Room 13130, Silver A. Dickinson, Office of Fisheries Protection Act of 1972, as amended (16 Spring, MD 20910, within 30 days of the Conservation and Management; (301) U.S.C. 1361 et seq.), and the Regulations publication of this notice. Those 713–2337. Governing the Taking and Importing of individuals requesting a hearing should Marine Mammals (50 CFR part 216), the Dated: May 23, 1995. set forth the specific reasons why a Endangered Species Act of 1973, as hearing on this particular modification Richard W. Surdi, amended (16 U.S.C. 1531 et seq.), and request would be appropriate. Acting Director, Office of Fisheries the regulations governing the taking, Concurrent with the publication of Conservation and Management, National importing, and exporting of endangered this notice in the Federal Register, the Marine Fisheries Service. fish and wildlife (50 CFR part 222). Secretary of Commerce is forwarding [FR Doc. 95–13263 Filed 5–30–95; 8:45 am] The permit application requests copies of this application to the Marine BILLING CODE 3510±22±F authorization to harass marine Mammal Commission and its mammals and sea turtles by a low Committee of Scientific Advisors. Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices 28391 SUPPLEMENTARY INFORMATION: The any Colonial Pipeline shipping charges Under existing provisions, for a subject modification to permit No. 927, incurred for making such deliveries; and particular delivery month, pipeline issued on June 17, 1994 (publ. June 23, (4) for a particular delivery month deliveries must be made during either 1994, 59 FR 32419) is requested under restrict all futures deliveries to the third the second or third Colonial Pipeline the authority of the Marine Mammal cycle of the Colonial Pipeline for that delivery cycle for that month. This Protection Act of 1972, as amended (16 month, provided that deliveries of less essentially provides a delivery period of U.S.C. 1361 et seq.), the Regulations than 25 contracts would be further about 21 days.1 Governing the Taking and Importing of restricted to the back-half of such third Under the proposed amendments, all Marine Mammals (50 CFR part 216), the Colonial Pipeline cycle. deliveries on the gasoline futures Fur Seal Act of 1966, as amended (16 In accordance with Section 5a(12) of contract, regardless of position size, U.S.C. 1151 et seq.), and fur seal the Commodity Exchange Act and must be by pipeline delivery into the regulations at 50 CFR part 215. acting pursuant to the authority Colonial Pipeline system in the existing Permit No. 927 authorizes the permit delegated by Commission Regulation delivery area as noted above.2 holder to capture, tag, and sample up to 140.96, the Acting Director of the Additionally, under the proposed 220 fur seals (Callorhinus ursinus) and Division of Economic Analysis amendments, all deliveries in a to incidentally harass up to 69,000 (Division) of the Commodity Futures particular delivery month would be annually during research activities. The Trading Commission (Commission) has restricted to the third cycle of the permit holder requests authorization to determined, on behalf of the Colonial Pipeline for that month; increase the sample size of adult Commission, that the proposed provided that deliveries with respect to females from 60 to 120 and pups from amendments are of major economic positions involving less than 25 160 to 560. The increase is requested significance. On behalf of the contracts would be further restricted to for: comparison of St. Paul vs St. George Commission, the Division is requesting the back-half of such third cycle. Island with regard to foraging ecology comment on these proposals. Proposed amendments also would and its possible influence in explaining require the seller making delivery on a differences in the rate of recovery of DATES: Comments must be received on or before June 30, 1995. position involving less than 25 contracts populations of fur seals; continuation of to make all the required arrangements studies of milk intake, metabolism, ADDRESSES: Interested persons should for shipment of the product on the growth, thermoregulation and condition submit their views and comments to Colonial Pipeline, and the buyer to at weaning; and determine if pups with Jean A. Webb, Secretary, Commodity reimburse the seller for any Colonial greater mass prior to weaning have a Futures Trading Commission, 2033 K Pipeline shipping charges incurred by different fatty acid composition from Street NW., Washington, D.C. 20581. the seller in making such deliveries. pups of lower mass. Reference should be made to the The Exchange proposes to apply the Dated: May 23, 1995. proposed amendments to the New York proposed amendments to newly listed Ann D. Terbush, Mercantile Exchange Gulf Coast contract months only following its unleaded regular gasoline futures Chief, Permits and Documentation Division, receipt of notice of Commission Office of Protected Resources, National contract. approval. Marine Fisheries Service. FOR FURTHER INFORMATION CONTACT: John According to the Exchange, the [FR Doc. 95–13264 Filed 5–30–95; 8:45 am] Forkkio, Jr., Division of Economic proposed amendments were proposed to BILLING CODE 3510±22±F Analysis, Commodity Futures Trading conform the futures delivery rules with Commission, 2033 K Street NW., cash market practices in the Gulf and to Washington, D.C. 20581, telephone provide more certainty in the timing of COMMODITY FUTURES TRADING (202) 254–7303. deliveries on the futures contract. Specifically, the NYMEX stated: COMMISSION SUPPLEMENTARY INFORMATION: Under current provisions of the Gulf Coast The Contract will remain unchanged for New York Mercantile Exchange: unleaded regular gasoline (gasoline) ‘‘round’’ deliveries where delivery is made Proposed Amendments to the Gulf futures contract, for all positions directly into the Colonial Pipeline *** Coast Unleaded Regular Gasoline *** Deliveries of less than 25,000 involving 25 contracts or more, delivery barrels are not directly deliverable into the Futures Contract Relating to the must be F.O.B. at a Colonial Pipeline Delivery Procedures and Delivery Pipeline, and hence, the existing Gulf Coast injection station selected by the seller in Contract has specified delivery of odd-lots Period the delivery area. The delivery area for into public terminals. The proposed AGENCY: Commodity Futures Trading pipeline deliveries encompasses the amendments are based on the fact that Colonial allows for a shipper to designate Commission. area along the Colonial Pipeline from Pasadena, Texas upstream to beneficial owners of product through what is ACTION: Notice of proposed contract known as a ‘‘consignee’’ relationship * * *. market rule changes. Moundville, Alabama. For all positions The ‘‘consignee’’ relationship allows involving deliveries of less than 25 shippers to consign smaller portions of SUMMARY: The New York Mercantile contracts, deliveries must be f.o.b. at gasoline shipments to one or more beneficial Exchange (NYMEX or Exchange) has one of the three public terminal owners, so that odd-lot batches of less than submitted proposed amendments to its facilities located in the region around 25,000 barrels can be accommodated on the Gulf Coast unleaded regular gasoline Pasadena, Texas—GATX Terminals futures contract that, among other Corporation, OilTanking Houston Inc., 1 To efficiently transport product through its things, would: (1) Require that all or Amerada Hess Corporation. Such pipeline system, Colonial divides the year into 36 cycles. Each month has three cycles; each with a futures deliveries regardless of size be deliveries can be made by intra-facility duration of about ten days. Additionally, each cycle made on the Colonial Pipeline system at or inter-facility transfer of product or by is subdivided into a front half and a back half, each an injection point from Pasadena, Texas barge shipment. All public terminal of five days duration. to Moundville, Alabama; (2) eliminate deliveries are assessed a surcharge of 2 As a result of this proposal, public terminal ¢ deliveries on the contract will no longer be the public terminal delivery alternative; 1.75 per gallon, payable by any party permitted. As a consequence, intra and inter-facility (3) require the buyer receiving less than receiving or delivering less than 25 transfers and barge shipments will not be 25 contracts to reimburse the seller for contracts. permissible methods of delivery on the contract. 28392 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices Colonial Pipeline. An authorized shipper on headquarters in accordance with CFR manner in which the redevelopment Colonial is allowed to break up a batch of 145.7 and 145.8. plan for Camp Evans is formulated and 25,000 barrels, and allocate odd-lot batches Any person interested in submitting how requests are made for future use of to various consignees, who then specify a written data, views or arguments on the delivery point along the Colonial Pipeline. the property by homeless assistance The beneficial owner, or consignee, can be proposed amendment should send such providers and non-federal public changed on Colonial’s records. Thus, an odd- comments to Jean A. Webb, Secretary, agencies. lot delivery of gasoline can be shipped on the Commodity Futures Trading 2. Redevelopment authority. Colonial Pipeline, as long as the odd-lot Commission, 2033 K Street NW., a. The Redevelopment Authority for seller finds a shipper in the cash market to Washington, D.C. 20481 by the specified Camp Evans for purposes of add the seller’s odd-lot batch to his existing date. implementing the provisions of the shipment of at least 25,000 barrels on Issued in Washington, D.C. on May 23, Defense Base Closure and Realignment Colonial. The ‘‘consignee’’ relationship 1995. Act of 1990 as amended is the Marconi provides the mechanism to perform the odd- lot delivery directly into Colonial Blake Imel, Park Complex Advisory Committee Pipeline * * *. Acting Director. (MPCAC) which was appointed by the Township Committee of Wall With respect to the Exchange proposal [FR Doc. 95–13188 Filed 5–30–95; 8:45 am] BILLING CODE 6351±01±M Township, New Jersey. The Township to change the delivery period so that all Committee is the governing body of deliveries will occur in either the front- Wall Township. The Marconi Park half or back-half of the third cycle of the DEPARTMENT OF DEFENSE Complex Advisory Committee Colonial Pipeline, the NYMEX stated conducted one public meeting to receive that: Department of the Army comments from individuals and In the cash market, prices are negotiated organizations interested in the reuse of for products delivered in each half-cycle Local Redevelopment Authority (LRA) the base. increment on Colonial Pipeline, and prices for the Available Surplus Camp Evans b. The MPCAC is assisted by a full typically vary between each half-cycle, Facility, Fort Monmouth, Located at time Township Administrator, Mr. depending on market conditions. Narrowing the delivery period to the third cycle of the Wall, New Jersey Joseph L. Verruni. Comments for proposals regarding the development of month provides sufficient capacity on the AGENCY: U.S. Army Corps of Engineers, the site for consideration by the MPCAC Colonial Pipeline to accommodate NYMEX New York District. deliveries. In addition, narrowing the as the Local Redevelopment Authority delivery period to the third cycle would ACTION: Notice. should be addressed to Mr. Verruni, provide greater certainly in terms of the SUMMARY: This notice provides Township Administrator, ATTN: timing for the pricing of the commodity. The information regarding the LRA that has MPCA, 2700 Allaire Road, Wall, New most actively traded cash market instrument Jersey 07719–1168. in the Gulf Coast is for delivery in the third been established to plan the reuse of the cycle of Colonial Pipeline. Camp Evans Facility, Fort Monmouth, 3. Take notice. Pursuant to the Base Closure and Community Redevelopment The Division requests comment on located on Marconi and Monmouth and Homeless Assistance Act of 1994, the proposed changes to the NYMEX Roads in Wall Township, New Jersey, as the Marconi Park Complex Advisory gasoline futures contract. The set forth in the new procedures under Committee (LRA) of Wall Township Commission is specifically requesting the Base Closure Community extends until June 30, 1995 the period comments on the effect of the proposed Redevelopment and Homeless in which State and local governments, restrictions regarding deliveries Assistance Act of 1994. representatives of the homeless and involving less than 25 contracts. The FOR FURTHER INFORMATION CONTACT: other interested parties located in the Division also requests comment on the Mr. Joseph Verruni, Town communities in the vicinity of the Camp effect of the proposal to restrict Administrator—Wall Township, ATTN: Evans may submit notices of interest to deliveries to one Colonial Pipeline cycle MPCA, 2700 Allaire Road, Wall, New the MPCAC in all or part of the property per month on the economically Jersey 07719–1168, phone: (908) 449– 8444, ext. 216. and/or buildings located at Camp Evens. deliverable supply of gasoline available 4. Surplus property description. The SUPPLEMENTARY INFORMATION: In 1993 for the contract. Camp Evans site consists of 215 acres of Copies of the proposed amendments the Camp Evans area of Fort Monmouth, land of which 91 acres more or less are will be available for inspection at the Wall Township, New Jersey was improved with buildings utilized for Office of the Secretariat, Commodity designated for closure pursuant to Title communications and electronics Futures Trading Commission, 2033 K II Section 204 of Public Law 100–526, research and development facilities and Street NW., Washington, D.C. 20581. Defense Base Closure and Realignment storage. The site includes a two story Copies of the amended terms and Act, supplemented by paragraph 7 of administrative building, two single conditions can be obtained through the section 2905(b) of the 1990 Base Closure family detached residences, radio and Office of the Secretariat by mail at the Act, 10 U.S.C. 2687, as amended by signal towers, Quonset buildings, ‘‘H’’ above address or by telephone at (202) subsection (a) of the Base Closure and type storage building used for research 254–6314. Community Redevelopment and facilities and numerous pre-1945 frame The materials submitted by the Homeless Assistance Act of 1994, Public structures utilized for storage for Exchange in support of the proposed Law 103–421. amendments may be available upon 1. Election to proceed under electronics equipment and other request pursuant to the Freedom of procedures established by Public Law materials and maintenance facilities. Information Act (5 U.S.C. 552) and the 102–421. The Base Closure Community The site includes three buildings which Commission’s regulations thereunder Redevelopment and Homeless are eligible for the National Register of (17 CFR Part 145 (1987)). Requests for Assistance Act of 1994 Public Law 103– Historic sites. copies of such materials should be made 421, subsection (e)(1)(b) of the 1994 Act Gregory D. Showalter, to the FOI, Privacy and Sunshine Act gives a redevelopment authority at base Army Federal Register Liaison Officer. Compliance Staff of the Office of the closure sites the option of employing [FR Doc. 95–13197 Filed 5–30–95; 8:45 am] Secretariat at the Commission’s new procedures with regard to the BILLING CODE 3710±06±M Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices 28393 Intent To Prepare a Draft a. Alternative pit location Department of the Navy Environmental Impact Statement to b. Alternative methods of filling pit(s): Evaluate a Permit Application for a Notice of Public Hearing for the Draft Confined Dredged Material Disposal (1) Fill completely Environmental Impact Statement for Facility in Newark Bay, New Jersey (2) Partially fill so that some the Disposal and Reuse of the Naval depression remains Training Center (NTC), Orlando, FL AGENCY: U.S. Army Corps of Engineers—New York District, (3) Capping alternative (sand vs. mud Pursuant to Council on Department of the Army, Department of vs. no cap) Environmental Quality Regulations (40 Defense. c. Alternative methods of dredged CFR parts 1500–1508) implementing ACTION: Notice of intent to prepare a material disposal: procedural provisions of the National draft environmental impact statement. (1) Ocean disposal Environmental Policy Act, the Department of the Navy has prepared SUMMARY: The construction of a (2) Containment islands and areas and filed with the U.S. Environmental Confined Dredged Material Disposal (land extension) Protection Agency the Draft Facility in navigable waters of the (3) Upland disposal Environmental Impact Statement (DEIS) United States requires a Department of (4) Sanitary landfill cover for the Proposed Disposal and Reuse of the Army Permit pursuant to Section 10 the NTC Orlando, Florida. of the Rivers and Harbors Act of 1899 (5) Wetlands Creation (33 U.S.C. 403) and Section 404 of the In response to the recommendations Clean Water Act (33 U.S.C. 1344). The 3. EIS Scoping of the 1993 Department of Defense Base EIS process will assist the U.S. Army Realignment and Closure Commission As part of the EIS scoping process, Corps of Engineers’ (USACE) in (BRAC–93) and to legislative comments on the proposed scope of the determining whether to issue a permit requirements of the 1990 Base for the project under these authorities. EIS will be accepted until 45 days after Realignment and Closure Act (Public This action is taking place in the publication of this NOI in the Law 101–510), the Naval Training accordance with the USACE procedures Federal Register; all comments should Center (NTC), Orlando, Florida, is to be for implementing the National be addressed to the contact person closed and the property to be made Environmental Policy Act (33 CFR Part indicated above. In addition to receiving available for disposal and reuse. The 325). written comments, the USACE will Navy has prepared a DEIS which addresses the environmental impacts of FOR FURTHER INFORMATION CONTACT: receive oral comments during a public Mr. Joseph J. Seebode, Chief, Regulatory scoping meeting scheduled for the latter disposing NTC Orlando and of its Branch New York District Corps of part of the scoping period. Formal potential reuse. The purpose of the DEIS Engineers, 26 Federal Plaza, Room 1937, notice of this meeting will be made is to assist the Secretary of the Navy in New York, New York 10278–0090, through mailings and/or legal notices in making a decision concerning the telephone (212) 264–3996. local newspapers. disposition of NTC property. It is the Navy’s policy to adopt the community’s SUPPLEMENTARY INFORMATION: 4. Public Participation in the EIS redevelopment plan as its preferred 1. Projected Description Process alternative. The preferred alternative presented in the DEIS is the NTC Reuse The proposed Newark Bay Confined The EIS process will provide Plan approved by the City of Orlando. Disposal Facility (CDF) would provide opportunities for full participation by The preferred alternative for the Main an alternate regional disposal site for interested federal, state, and local contaminated dredged material that is Base is a combination of land uses, agencies, as well as other interested featuring a Village Center, which would unsuitable for ocean disposal, or that organizations and the general public. requires special management provide pedestrian-oriented retail, These opportunities will include office, and residential uses. The Village procedures at the federally designated periodic public meetings and agency Mud Dump Site located six miles off the Center would be surrounded by offices, availability sessions. All interested a business park, education, recreation, coast of Sandy Hook, New Jersey. The parties are encouraged to submit their CDF would be constructed by and open space. The primary use of names and addresses to the contact excavating two large subaqueous pits, to McCoy Annex would be warehouse/ person indicated above for inclusion on a maximum depth of approximately 90 distribution and residential. Open space feet below the plane of Mean Low the distribution list for the draft and uses would include retention of the Water, by clamshell bucket dredge. The final EIS and any related public notices. nine-hole golf course and other non- two pits would occupy a surface area of developed areas. Area C would be used 5. Federal Agency Participation in the for warehouse and industrial, and the approximately 160 acres and have a EIS Process total volume capacity of approximately Herndon Annex would be developed as 14 million cubic yards. The larger of the Federal agencies with an interest in a distribution facility associated with two pits would measure approximately this EIS effort are requested to the Orlando Executive Airport. The 100 acres in size and have a capacity of participate as cooperating agencies preferred alternative would generate approximately 9.3 million cubic yards, pursuant to 40 CFR Part 1501.6. All more than 15,500 jobs at full buildout in while a second, smaller pit would have interested federal agencies are requested 2015, and increase traffic in the area substantially. a surface area of approximately 60 acres to submit a letter of intent to Colonel and a capacity of 4.7 million cubic Thomas A. York, Corps of Engineers The DEIS has been distributed to yards. District Engineer. various federal, state, and local agencies, elected officials, special 2. Reasonable Alternatives Gregory D. Showalter, interest groups, and the media. A In addition to the no action Army Federal Register Liaison Officer. limited number of single copies are alternative, reasonable alternatives to be [FR Doc. 95–13198 Filed 5–30–95; 8:45 am] available at the address listed at the end considered include the following: BILLING CODE 3710±06±M of this notice. 28394 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices A public hearing to inform the public interest. Approval by the Office of Affected Public: State, Local and Tribal of the DEIS findings and to solicit Management and Budget (OMB) has Governments comments will be held at the Audobon been requested by June 30, 1995. Reporting Burden: Elementary School, 1500 Falcon Drive, ADDRESSES: Written comments should Responses: 51 Orlando, Florida, on Thursday evening, be addressed to the Office of Burden Hours: 13 June 15, 1995, from 7 p.m. until the end Information and Regulatory Affairs, Recordkeeping Burden: of pubic comment or 12 midnight. Attention: Dan Chenok, Desk Officer, Recordkeepers: 0 The public hearing will be conducted Department of Education, Office of Burden Hours: 0 by the Navy. Federal, state and local Management and Budget, 725 17th Abstract: Information will be used to agencies, and interested parties are Street NW., Room 3208, New Executive make grant awards, on a one-time basis invited and urged to be present or Office Building, Washington, D.C. in FY 1995, to provide additional represented at the hearing. Oral 20503. Requests for copies of the resources to State Educational Agencies statements will be heard and transcribed proposed information collection request to assist them in the transfer for by a legal stenographer; however, to should be addressed to Patrick J. educational and health records of ensure accuracy of the record, all Sherrill, Department of Education, 600 migratory children. Additional Information: Clearance for statements should be submitted in Independence Avenue SW., Room 5624, this information collection is requested writing. All statements, oral and Regional Office Building 3, Washington, by June 30, 1995. The Department must written, will become a part of the pubic D.C. 20202–4651. record of this study, and will be obligate these funds by September 30, FOR FURTHER INFORMATION CONTACT: responded to in the Final 1995 because this priority was originally Patrick J. Sherrill, (202) 708–9915. Environmental Impact Statement. Equal set aside for FY 1994 Migrant Education Individuals who use a weight will be given to both oral and Program appropriation. telecommunications device for the deaf written statements. (TDD) may call the Federal Information [FR Doc. 95–13189 Filed 5–30–95; 8:45 am] In the interest of available time, each Relay Service (FIRS) at 1–800–877–8339 BILLING CODE 4000±01±M speaker will be asked to limit his/her between 8 a.m. and 8 p.m., Eastern time, comments to five minutes. If longer Monday through Friday. statements are to be presented, they Notice of Proposed Information should be summarized for the public SUPPLEMENTARY INFORMATION: Section Collection Requests hearing and submitted in long-form at 3517 of the Paperwork Reduction Act of the hearing or mailed to the address 1980 (44 U.S.C. Chapter 3517) requires AGENCY: Department of Education. listed at the end of this announcement. that the Director of OMB provide ACTION: Notice of proposed information All written comments must be interested Federal agencies and persons collection requests. postmarked by 26 June 1995, to become an early opportunity to comment on SUMMARY: a part of the official record. information collection requests. OMB The Director, Information Additional information concerning may amend or waive the requirement Resources Group, invites comments on this notice may be obtained by for public consultation to the extent that the proposed information collection contacting Ronnie Lattimore (Code public participation in the approval requests as required by the Paperwork 064RL), Southern Division, Naval process would defeat the purpose of the Reduction Act of 1980. Facilities Engineering Command, PO information collection, violate State or DATES: Interested persons are invited to Box 190010, North Charleston, South Federal law, or substantially interfere submit comments on or before June 30, Carolina, 29419–9010, telephone (803) with any agency’s ability to perform its 1995. 743–0888. statutory obligations. ADDRESSES: Written comments should The Director, Information Resources Dated: May 25, 1995. be addressed to the Office of Group, publishes this notice with the Information and Regulatory Affairs, L.R. McNees, attached proposed information Attention: Dan Chenok: Desk Officer, LCDR, JAGC, USN, Federal Register Liaison collection request prior to submission of Department of Education, Office of Officer. this request to OMB. This notice Management and Budget, 725 17th [FR Doc. 95–13223 Filed 5–30–95; 8:45 am] contains the following information: (1) Street NW., Room 3208, New Executive BILLING CODE 3810±FF±M Type of review requests, e.g., expedited; Office Building, Washington, DC 20503. (2) Title; (3) Abstract; (4) Additional Requests for copies of the proposed Information; (5) Frequency of collection; information collection requests should DEPARTMENT OF EDUCATION (6) Affected public, and (7) Reporting be addressed to Patrick J. Sherrill, and/or Recordkeeping burden. Because Department of Education, 600 Notice of Proposed Information an expedited review has been requested, Independence Avenue SW., Room 5624, Collection Requests a description of the information to be Regional Office Building 3, Washington, AGENCY: Department of Education. collected is also included as an DC 20202–4651. attachment to this notice. ACTION: Notice of proposed information FOR FURTHER INFORMATION CONTACT: collection requests. Dated: May 24, 1995. Patrick J. Sherrill (202) 708–9915. Gloria Parker, Individuals who use a SUMMARY: The Director, Information Director, Information Resources Group. telecommunications device for the deaf Resources Group, invites comments on (TDD) may call the Federal Information proposed information collection Office of Elementary and Secondary Relay Service (FIRS) at 1–800–877–8339 requests as required by the Paperwork Education between 8 a.m. and 8 p.m., Eastern time, Reduction Act of 1980. Type of Review: Expedited Monday through Friday. DATES: An expedited review has been Title: Notice of Final Priority Under SUPPLEMENTARY INFORMATION: Section requested in accordance with the Act, Section 1308(a) of the Elementary and 3517 of the Paperwork Reduction Act of since allowing for the normal review Secondary Education Act 1980 (44 U.S.C. Chapter 35) requires period would adversely affect the public Frequency: One time that the Office of Management and Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices 28395 Budget (OMB) provide interested DEPARTMENT OF ENERGY (Northwest) to subscribe to additional Federal agencies and the public an early firm transportation (FT) service on opportunity to comment on information Federal Energy Regulatory Southern’s system at a two-part rate as collection requests. OMB may amend or Commission a part of a proposed expansion project waive the requirement for public [Docket No. RP94±67±020] while retaining its existing firm consultation to the extent that public transportation services subject to a one- participation in the approval process Southern Natural Gas Company; part rate. would defeat the purpose of the Notice of Refund Report Southern states that a copy of the filing is being served on all of information collection, violate State or May 24, 1995. Southern’s shippers. Federal law, or substantially interfere Take notice that on May 22, 1995, Any person desiring to be heard or to with any agency’s ability to perform its Southern Natural Gas Company protest said filing should file a motion statutory obligations. The Director of the (Southern) tendered for filing a refund to intervene or protest with the Federal Information Resources Group, publishes report pursuant to the Commission’s Energy Regulatory Commission, 825 this notice containing proposed order dated March 2, 1995, in the above- North Capitol Street, N.E., Washington, information collection requests prior to captioned proceeding. Southern states D.C. 20426, in accordance with 18 CFR submission of these requests to OMB. that these refund levels result from the 385.214 and 385.211 of the Each proposed information collection, restatement of Southern’s GSR billing Commission’s Rules and Regulations. grouped by office, contains the units effective from January 1, 1994, All such motions or protests should be following: (1) Type of review requested, through January 1, 1995. filed on or before June 1, 1995. Protests e.g., new, revision, extension, existing Southern seeks in this filing to will be considered by the Commission or reinstatement; (2) Title; (3) Frequency support the derivation of its principal in determining the appropriate action to of collection; (4) The affected public; (5) refund levels by customer and the be taken, but will not serve to make Reporting burden; and/or (6) accrued interest through the refund date protestants parties to the proceeding. Recordkeeping burden; and (7) Abstract. of May 2, 1995. Any person wishing to become a party OMB invites public comment at the Southern states that copies of the must file a motion to intervene. Copies address specified above. Copies of the refund report are being mailed to all of this filing are on file with the requests are available from Patrick J. applicable Southern shippers and Commission and are available for public Sherrill at the address specified above. interest state commissions. inspection in the public reference room. Any person desiring to protest said Lois D. Cashell, Dated: May 24, 1995. filing should file a protest with the Secretary. Gloria Parker, Federal Energy Regulatory Commission, [FR Doc. 95–13194 Filed 5–30–95; 8:45 am] Director, Information Resources Group. 825 North Capitol Street, N.E., BILLING CODE 6717±01±M Office of Educational Research and Washington, DC 20426, in accordance Improvement with Rules 211 of the Commission’s Rules of Practice and Procedure [Docket No. RP89-34-015] Type of Review: Reinstatement (§ 385.211). All such protests should be filed on or before June 1, 1995. Protests Williston Basin Interstate Pipeline Title: Application for Field-Initiated will be considered by the Commission Company; Notice of Refund Report Studies Educational Research Grant in determining the appropriate action to Program May 24, 1995. be taken but will not serve to make Take notice that on May 19, 1995, Frequency: Annually protestants parties to the proceeding. Williston Basin Interstate Pipeline Copies of this filing are on file with the Affected Public: Individual or Company (Williston) tendered for filing Commission and are available for public households; Not for profit a refund report. Williston states that the inspection. Institutions; State, Local or Tribal report documents refunds of amounts Government Lois D. Cashell, due customers under Williston’s Docket Reporting Burden: Secretary. Nos. RP89-34-000, RP89-257-000, and [FR Doc. 95–13193 Filed 5–30–95; 8:45 am] Responses: 750 RP90-2-000 for the locked-in period BILLING CODE 6717±01±M from June 1, 1989, through May 31, Burden Hours: 11,250 1992. Recordkeeping Burden: [Docket No. RP95±301±000] Williston states that it is filing the Recordkeepers: 0 refund report pursuant to the Southern Natural Gas Company; Commission’s Order on Rehearing Burden Hours: 0 Notice of Petition for Limited Waiver of issued April 5, 1995, in the above Abstract: This information collection Transportation Tariff Provisions referenced dockets. Williston also states allows institutions of higher that the refunds are being mailed to its education; state and local education May 24, 1995. customers on May 19, 1995, and the agencies; public and private Take notice that on May 19, 1995, total refunds covered by the instant organizations; institutions, and Southern Natural Gas Company filing amount to $3,543,062.65, agencies; and individuals to apply for (Southern) filed a petition for a limited inclusive of principal and interest. grants under the Field-Initiated waiver of certain provisions of its FERC Any person desiring to protest said Studies Program supported by five Gas Tariff, Seventh Revised Volume No. filing should file a protest with the National Research Institutes. Funds 1, in compliance with § 161.3(b) of the Federal Energy Regulatory Commission, will support educational research that Commission’s Regulations. 825 North Capitol Street, N.E. will improve American education. Southern is requesting a limited Washington D.C. 20426, in accordance waiver of Section 3(b) of Rate Schedules with § 385.211 of the Commission’s [FR Doc. 95–13190 Filed 5–30–95; 8:45 am] FT and FT–NN of its tariff to allow Regulations. All such protests should be BILLING CODE 4000±01±M Northwest Alabama Gas District filed on or before June 1, 1995. Protests 28396 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices will be considered by the Commission the State of Ohio, and both Applicants mutual agreement. The amendment in determining the appropriate action to are engaged in the business of supplying lowers the rate for purchase and resale be taken, but will not serve to make electric energy to wholesale and retail transactions. protestants parties to the proceedings. customers within the State of Ohio. CPL has asked for an effective date of Copies of this filing are on file with the Cleveland Electric generates, transmits, April 1, 1995. Copies of this filing were Commission and are available for public distributes and sells electric energy to served on the Public Utility Commission inspection. approximately 748,000 customers in of Texas and all customers presently Lois D. Cashell, Northeastern Ohio. Toledo Edison established under the Tariff. Copies are Secretary. generates, transmits, distributes and also available for public inspection at [FR Doc. 96–13195 Filed 5–30–95; 8:45 am] sells electric energy to approximately CPL’s offices in Corpus Christi, Texas. 285,000 customers in Northwestern Comment date: June 6, 1995, in BILLING CODE 6717±01±M Ohio. Cleveland Electric’s and Toledo accordance with Standard Paragraph E Edison’s operations are subject to at the end of this notice. [Docket No. EC95±12±000, et al.] regulation by The Public Utilities Standard Paragraphs Century Power Corporation, et al., Commission of Ohio. Centerior Energy E. Any person desiring to be heard or Electric Rate and Corporate Regulation Corporation (Centerior), which is to protest said filing should file a Filings organized and existing under the laws of the State of Ohio, is the 100% owner of motion to intervene or protest with the May 23, 1995. the common stock of both Cleveland Federal Energy Regulatory Commission, Take notice that the following filings Electric and Toledo Edison. Each of 825 North Capitol Street, N.E., have been made with the Commission: Cleveland Electric and Toledo Edison Washington, D.C. 20426, in accordance 1. Century Power Corporation has outstanding serial preferred shares with Rules 211 and 214 of the that are held by the public. Commission’s Rules of Practice and [Docket No. EC95–12–000] Under the terms and conditions of a Procedure (18 CFR 385.211 and 18 CFR Take notice that on May 19, 1995, definitive Agreement of Merger entered 385.214). All such motions or protests Century Power Corporation filed an into by Cleveland Electric and Toledo should be filed on or before the application under § 203 of the Federal Edison, 100% of the common shares of comment date. Protests will be Power Act for an order authorizing it to Toledo Edison will be converted into considered by the Commission in terminate its status as a public utility newly-issued common shares of determining the appropriate action to be under the Act as of the later of (1) Cleveland Electric, the Toledo Edison taken, but will not serve to make January 2, 1996, or such other date as preferred shares will be exchanged for protestants parties to the proceeding. it sells its 8.2% ownership interest in newly-issued preferred shares of Any person wishing to become a party San Juan Unit 3 and ceases making sales Cleveland Electric, and any dissenting must file a motion to intervene. Copies for resale of electric power, or (2) the preferred shareholders of Toledo Edison of this filing are on file with the expiration of appeal rights under the will be paid cash for their shares upon Commission and are available for public last of the final Commission orders in exercise of applicable dissenters’ rights. inspection. Docket Nos. ER79–97 or EL93–19, in Upon the occurrence of these events, Lois D. Cashell which Century serves as a conduit to Toledo Edison will be merged into Secretary. pay over to San Diego Gas & Electric Cleveland Electric, and the separate [FR Doc. 95–13225 Filed 5–30–95; 8:45 am] Company any refunds received from corporate existence of Toledo Edison BILLING CODE 6717±01±P Tucson Electric Power Company. Upon will cease. Cleveland Electric will, by the later of these events, Century operation of law, acquire title to and [Docket No. ER95±595±000, et al.] expects to no longer perform any interest in all facilities of Toledo Edison function subject to the Commission’s that are currently under the jurisdiction Kentucky Utilities Company, et al., jurisdiction under the Act. of the Commission, and Cleveland Electric Rate and Corporate Regulation Comment date: June 8, 1995, in Electric will operate such facilities Filings accordance with Standard Paragraph E without change. May 24, 1995. at the end of this notice. Cleveland Electric and Toledo Edison Take notice that the following filings believe that the proposed corporate 2. The Cleveland Electric Illuminating have been made with the Commission: Company and The Toledo Edison reorganization is consistent with the Company public interest, and that it will be in the 1. Kentucky Utilities Company best interest of the customers, share [Docket No. EC94–14–000] [Docket No. ER95–595–000] owners and employees of both Take notice that on May 12, 1995, Take notice that on May 9, 1995, The Applicants. Cleveland Electric Illuminating Comment date: June 8, 1995, in Kentucky Utilities Company (KU) filed Company (Cleveland Electric) and The accordance with Standard Paragraph E an Amendment to the modified Letter Toledo Edison Company (Toledo at the end of this notice. Agreement between KU and Wabash Edison)(together, the Applicants), Valley Power Association, Inc. (Wabash pursuant to § 203 of the Federal Power 3. Central Power and Light Valley). Act, 16 U.S.C. § 824b, and Part 33 of the [Docket No. ER95–853–000 Company] Comment date: June 7, 1995, in Rules and Regulations of the Federal Take notice that on May 16, 1995, accordance with Standard Paragraph E Energy Regulatory Commission Central Power and Light Company (CPL) at the end of this notice. (Commission), tendered for filing an tendered for filing an amendment to its 2. Northeast Utilities Service Company amendment to the application for an Coordination Sales Tariff, filed March order from the Commission authorizing 31, 1995. Under the Coordination Sales [Docket No. ER95–781–000 Company] the merger of Toledo Edison into Tariff, CPL will make Economy Energy, Take notice that on May 1, 1995, Cleveland Electric. Short-Term Power and Energy, General Northeast Utilities Service Company The Applicants are public utilities Purpose Energy and Emergency Energy (NUSCO) submitted for filing, on behalf organized and existing under the laws of Service available to customers upon of the Northeast Utilities (NU) System Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices 28397 Companies, supplemental information Comment date: June 7, 1995, in 9. Pacific Gas and Electric Company relating to the Fourth Amendment to a accordance with Standard Paragraph E [Docket No. ER95–1041–000] System Power Sales Agreement between at the end of this notice. NUSCO and Bozrah Light and Power Take notice that on May 12, 1995, Company (BL&P). NUSCO renews its 6. Minnesota Power & Light Company Pacific Gas and Electric Company request that the Agreement be permitted [Docket No. ER95–1033–000] (PG&E), Southern California Edison to become effective April 1, 1995. Company (Edison), and San Diego Gas Comment date: June 7, 1995, in Take notice that on May 11, 1995, & Electric Company (SDG&E) accordance with Standard Paragraph E Minnesota Power & Light Company (collectively the California Companies), at the end of this notice. tendered for filing signed Service tendered for filing Rate Schedule Agreements with CENERGY, Rainbow changes to: (1) Amendment No. 1 to the 3. Consolidated Edison Company of Energy Marketing Corporation and July 31, 1967 contract between the New York, Inc. Heartland Energy Services Inc. under its California Companies and Western, [Docket No. ER95–1030–000] Wholesale Coordination Sales Tariff to Central Valley Project, California, for Take notice that on May 10, 1995, satisfy its filing requirements under this Extra High Voltage Transmission and Consolidated Edison Company of New tariff. Exchange Service (Contract No. 2947A), York, Inc. (Con Edison), tendered for Comment date: June 7, 1995, in and (2) Ruling No. 44, Revision 2 as an filing an agreement with Rainbow accordance with Standard Paragraph E addendum to the August 25, 1966 Energy Marketing Corporation, Inc. at the end of this notice. California Companies Pacific Intertie (REMC) to provide for the sale of energy Agreement (CCPIA). and capacity. For energy sold by Con 7. Nevada Power Company Amendment No. 1 to Contract No. Edison the ceiling rate is 100 percent of [Docket No. ER95–1035–000] 2947A and Ruling No. 44, Revision 2 to the incremental energy cost plus up to the CPPIA change certain of the 10 percent of the SIC (where such 10 Take notice that on May 11, 1995, transmission loss factors used under percent is limited to 1 mill per MWhr Nevada Power Company (Nevada Contract No. 2947A and the CCPIA, in when the SIC in the hour reflects a Power) tendered for filing the proposed order to be similar to those established purchased power resource). The ceiling Power Sale Agreement (Agreement) in the Coordinated Operations rate for capacity sold by Con Edison is between Nevada Power and the Agreement previously submitted to $7.70 per megawatt hour. All energy Colorado River Commission (CRC) FERC and designated PG&E Rate and capacity sold by REMC will be at having a proposed effective date of June Schedule FERC No. 146, Edison Rate market-based rates. 1, 1995. Schedule FERC No. 270 and SDG&E Con Edison states that a copy of this The Agreement proposes that Nevada Rate Schedule FERC No. 78. filing has been served by mail upon Power will make available to the CRC, Copies of this filing have been served REMC. when pre-scheduled by the CRC, up to upon the parties on the service list and Comment date: June 7, 1995, in 15 MW of on-peak firm capacity and the California Public Utilities accordance with Standard Paragraph E energy during the summer season (May Commission. at the end of this notice. through September) and up to 45 MW Comment date: June 7, 1995, in 4. Boston Edison Company during the non-summer season. Nevada accordance with Standard Paragraph E Power will make available to the CRC at the end of this notice. [Docket No. ER95–1031–000] up to 100 MW of firm capacity and Take notice that on May 10, 1995, energy off-peak year round. An annual 10. System Energy Resources, Inc. Boston Edison Company (Edison) minimum energy scheduled of 50,000 [Docket No. ER95–1042–000] tendered for filing for informational Mwh on-peak and 85,000 Mwh off-peak purposes a letter agreement dated March Take notice that on May 12, 1995, will be required. The term of the Entergy Services, Inc. (ESI), tendered for 20, 1995, with Wellesley Municipal Agreement is from June 1, 1995 through Light Plant (WMLP) implementing the filing on behalf of System Energy May 31, 1996. The rate for sales under Resources, Inc. (SERI) amendments to terms and conditions of Exhibit C, the Agreement contains a Capacity Section V, of the October 26, 1992 SERI Rate Schedule No. 2 (the Unit Charge component and an Energy Power Sale Agreement and related Agreement between Edison and WMLP, Charge component. which was approved by the Commission Billing Format) applicable to Arkansas in Docket Nos. ER86–562–000, ER87– Copies of this filing have been served Power & Light Company, Louisiana 122–000 and ER91–149–000. on the CRC and the Nevada Public Power & Light Company, Mississippi Edison states that it has served a copy Service Commission. Power & Light Company, and New of this filing on WMLP and the Comment date: June 7, 1995, in Orleans Public Service Inc. The Massachusetts Department of Public accordance with Standard Paragraph E proposed changes would increase Utilities. at the end of this notice. revenue from jurisdictional sales and Comment date: June 7, 1995, in service by approximately $65,537,000 accordance with Standard Paragraph E 8. New England Power Company based on the 12-month period ending at the end of this notice. [Docket No. ER95–1040–000] December 31, 1994. The proposed changes will, among 5. Wisconsin Public Service Take notice that on May 12, 1995, other things, increase the rate of return Corporation New England Power Company filed on equity, increase the revenue [Docket No. ER95–1032–000] Service Agreements and Certificates of requirement associated with Take notice that on May 10, 1995, Concurrence with three power decommissioning costs, and increase Wisconsin Public Service Corporation marketers under NEP’s FERC Electric the depreciation accrual rate. ESI tendered for filing an executed service Tariff, Original Volume No. 5. requests that the proposed changes agreement with Enron Power Marketing, Comment date: June 7, 1995, in become effective 50 days after the filing Inc. under its CS–1 Coordination Sales accordance with Standard Paragraph E date, but be suspended until September Tariff. at the end of this notice. 1, 1995. 28398 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices Copies of the filing were served upon 30-inch-diameter pipeline under the Rio The EA will discuss impacts that the appropriate state and local Grande River in Valencia County, New could occur as a result of the regulators in Arkansas, Louisiana, Mexico. The proposed pipeline segment construction and operation of the Mississippi, and Tennessee. would replace one of Transwestern’s proposed project. These impacts may Comment date: June 7, 1995, in two 30-inch-diameter pipelines that include, but are not limited to: accordance with Standard Paragraph E originally crossed over the Rio Grande • Geology and soils. at the end of this notice. River on a steel structure pipeline • Water resources, fisheries, and wetlands. Standard Paragraphs: bridge. On August 20, 1994, an explosion ruptured one of these two • Vegetation and wildlife. E. Any person desiring to be heard or pipelines and the bridge were replaced • Endangered and threatened species. • to protest said filing should file a under § 2.55 of the Commission’s Land use. • motion to intervene or protest with the Regulations but the second pipeline was Cultural resources. • Federal Energy Regulatory Commission, not replaced at that time. Public safety. 825 North Capitol Street, N.E., The proposed segment would be We will also evaluate possible Washington, D.C. 20426, in accordance installed from an existing block valve on alternatives to the proposed project or with Rules 211 and 214 of the Transwestern’s existing pipeline located portions of the project, and make Commission’s Rules of Practice and about 1,100 feet southeast of the Upper recommendations on how to lessen or Procedure (18 CFR 385.211 and 18 CFR San Juan Riverside Drain. It would cross avoid impacts on the various resource 385.214). All such motions or protests the Upper San Juan Riverside Drain, the areas. should be filed on or before the Rio Grande River, and the Upper Our independent analysis of the comment date. Protests will be Sabinal Riverside Drain, and end at issues will be in the EA. Depending on considered by the Commission in another existing block valve located the comments received during the determining the appropriate action to be about 350 feet northwest of the Upper scoping process, the EA may be taken, but will not serve to make Sabinal Riverside Drain. published and mailed to Federal, state, protestants parties to the proceeding. The general location of the project and local agencies, public interest Any person wishing to become a party facilities is shown in appendix 1.2 groups, interested individuals, affected must file a motion to intervene. Copies landowners, newspapers, libraries, and of this filing are on file with the Land Requirements for Construction the Commission’s official service list for Commission and are available for public Transwestern proposes to use an this proceeding. A comment period will inspection. existing 150-foot-wide pipeline corridor be allotted for review if the EA is Lois D. Cashell for construction but may require up to published. We will consider all Secretary. a 250-foot-wide construction work comments on the EA before we recommend that the Commission [FR Doc. 95–13226 Filed 5–30–95; 8:45 am] space. Based on a 150-foot-wide approve or not approve the project. BILLING CODE 6717±01±P construction work space, about 11 acres of land would be affected by Currently Identified Environmental construction. Issues [Docket No. CP95±327±000] The EA Process We have already identified three Transwestern Pipeline Company; The National Environmental Policy issues that we think deserve attention Notice of Intent to Prepare an Act (NEPA) requires the Commission to based on a preliminary review of the Environmental Assessment for take into account the environmental proposed facilities and the Transwestern Pipeline Company's impacts that could result from an action environmental information provided by Proposed Rio Grande River Crossing whenever it considers the issuance of a Transwestern. Keep in mind that this is Project and Request for Comments on Certificate of Public Convenience and a preliminary list. The list of issues may Environmental Issues Necessity. NEPA also requires us to be added to, subtracted from, or changed based on your comments and May 24, 1995 discover and address concerns the public may have about proposals. We our analysis. Issues are: The staff of the Federal Energy • The proposed project would cross Regulatory Commission (FERC or call this ‘‘scoping’’. The main goal of the scoping process is to focus the analysis three waterbodies, the Upper Sabinal Commission) will prepare an Riverside Drain, the Rio Grande River environmental assessment (EA) that will in the EA on the important environmental issues. By this Notice of and the Upper San Juan Riverside Drain. discuss environmental impacts of the • Intent, the Commission requests public Two federally listed and two state construction and operation of the endangered species may occur in the facilities proposed in the Rio Grande comments on the scope of the issues it will address in the EA. All comments proposed project area. River Crossing Project. This EA will be • The proposed project would cross used by the Commission in its decision- received are taken into account during the preparation of the EA. State and the Casa Colorado Waterfowl making process to determine whether an Management Area. environmental impact statement is local government representatives are necessary and whether to approve the encouraged to notify their constituents Public Participation project.1 of this proposed action and encourage them to comment on their areas of You can make a difference by sending Summary of the Proposed Project concern. a letter addressing your specific comments or concerns about the project. Transwestern Pipeline Company You should focus on the potential (Transwestern) proposes to construct 2 The appendices referenced in this notice are not being printed in the Federal Register. Copies are environmental effects of the proposal, and operate approximately 3,200 feet of available from the Commission’s Public Reference alternatives to the proposal (including and Files Maintenance Branch, Room 3104, 941 alternative routes), and measures to 1 Transwestern Pipeline Company’s application North Capitol Street, N.W., Washington, D.C. 20426, was filed with the Commission pursuant to Section or call (202) 208–1371. Copies of the appendices avoid or lessen environmental impact. 7 of the Natural Gas Act and Part 157 of the were sent to all those receiving this notice in the The more specific your comments, the Commission’s Regulations. mail. more useful they will be. Please follow Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices 28399 the instructions below to ensure that 1. Colorado Interstate Gas Company proposed to be delivered to UCU at the your comments are received and [Docket No. CP95–498–000] proposed new delivery points are properly recorded: expected to result in an increase in Take notice that on May 15, 1995, • Northern’s peak day deliveries of Address your letter to: Lois Cashell, Colorado Interstate Gas Company (CIG), approximately 49 MMBtu per day and Secretary, Federal Energy Regulatory P.O. Box 1087, Colorado Springs, 5,123 MMBtu on an annual basis. Commission, 825 North Capitol Street, Colorado 80944, filed in Docket No. NE., Washington, D.C. 20426. CP95–498–000 an abbreviated Northern states further that the estimated cost to install the delivery • Reference Docket No. CP95–327– application pursuant to Section 7(c) of points is $10,975. UCU, it is said, would 000; the Natural Gas Act and Part 157 of the reimburse Northern for the cost to • Send a copy of your letter to: Ms. Commission’s Regulations for a certificate of public convenience and install the facilities. Mary Hertling, EA Project Manager, Comment date: July 10, 1995, in Federal Energy Regulatory Commission, necessity to change the deliverability of the Flank and Latigo Storage Fields all accordance with Standard Paragraph G 825 North Capitol Street, NE., Room at the end of this notice. 7312, Washington, D.C. 20426; and. as more fully set forth in the application which is on file with the Commission • Mail your comments so that they 3. Southern Natural Gas Company and open to public inspection. will be received in Washington, D.C. on Pursuant to Commission orders issued [Docket No. CP95–505–000] or before July 5, 1995. in Docket No. CP92–154–000, et al., CIG Take notice that on May 19, 1995, If you wish to receive a copy of the constructed certain facilities at its Flank Southern Natural Gas Company EA, you should request one from Ms. and Latigo Storage Fields designed to (‘‘Southern’’) filed in the above- Hertling at the above address. enhance the deliverability from these captioned docket an application pursuant to the provisions of Section 7 Becoming an Intervenor two storage fields. CIG estimated that the additional facilities would increase of the Natural Gas Act (‘‘NGA’’), as In addition to involvement in the EA the maximum deliverability of each amended, and pursuant to the Federal scoping process, you may want to field to 150 Mmcf per day. After Energy Regulatory Commission’s become an official party to the construction and operation of the (‘‘Commission’’) Regulations under the proceeding or become an ‘‘intervenor’’. facilities authorized in Docket No. NGA for a certificate of public Among other things, intervenors have CP92–154, et al., CIG claims that the convenience and necessity authorizing the right to receive copies of case- deliverability of Flank and Latigo the construction, installation, related Commission documents and Storage Fields is actually 165 Mmcf per modification and operation of filings by other intervenors. Likewise, day and 140 Mmcf per day, respectively. compressor stations, meter stations and each intervenor must provide copies of Therefore, CIG requests a change in the related appurtenant facilities, more fully its filings to all other parties. If you certificated deliverability for these two set forth in the application which is on want to become an intervenor you must storage fields. No new facilities are file with the Commission and open to file a Motion to Intervene according to required to effect the proposed public inspection. Rule 214 of the Commission’s Rules of deliverability changes. In order to provide incremental firm Practice and Procedure (18 CFR Comment date: June 14, 1995, in transportation services totaling 26,810 385.214) (see appendix 2). accordance with Standard Paragraph F Mcf per day for fifteen (15) customers The date for filing timely motions to at the end of this notice. on Southern’s system in Alabama, Georgia and Tennessee, Southern intervene in this proceeding has passed. 2. Northern Natural Gas Company Therefore, parties now seeking to file requests authorization to (1) construct late interventions must show good [Docket No. CP95–499–000] and install a new compressor station cause, as required by § 385.214(b)(3), Take notice that on May 15, 1995, consisting of a turbine compressor, ISO- why this time limitation should be Northern Natural Gas Company rated at 5,680 horsepower, to be located waived. Environmental issues have been (Northern), 1111 South 103rd Street, in Tuscaloosa and Jefferson Counties, viewed as good cause for late Omaha, Nebraska 68124–1000 filed in Alabama, at or around mile post 286 on intervention. You do not need Docket No. CP95–944–000 a request Southern’s north pipeline system, (2) intervenor status to have your scoping pursuant to § 157.205 of the install compressor cylinder unloaders at comments considered. Commission’s Regulations under the its Tarrant Compressor Station in Natural Gas Act (18 CFR 157.205) for Jefferson County, Alabama, (3) install an Additional information about the authorization to install and operate five additional turbine compressor unit, ISO- proposed project is available from Ms. (5) new small volume customer delivery rated at 1,452 horsepower, at Southern’s Mary Hertling, EA Project Manager, at points to accommodate natural gas existing Pell City Compressor Station in (202) 208–0874. deliveries to UtiliCorp United, Inc. St. Clair County, Alabama, and (4) Lois D. Cashell, (UCU), under Northern’s blanket uprate an existing turbine compressor Secretary. certificate issued in Docket No. CP82– engine at Southern’s DeArmanville [FR Doc. 95–13192 Filed 5–30–95; 8:45 am] 401–000 pursuant to Section 7 of the Compressor Station in Calhoun County, BILLING CODE 6717±01±M Natural Gas Act, all as more fully set Alabama, from 1,080 rated horsepower forth in the request which is on file with to 1,200 ISO-rated horsepower. In the Commission and open to public addition, Southern will uprate the [Docket No. CP95±498±000, et al.] inspection. pressure at one meter station serving Northern states that it requests one of the customers in this expansion Colorado Interstate Gas Company, et authority to install and operate these project and uprate the pressure of its al.; Natural Gas Certificate Filings small volume delivery points to Gadsden Branch Line to accommodate accommodate natural gas deliveries for the increased firm contract quantities of May 24, 1995. UCU under Northern’s existing four other customers. The total cost of Take notice that the following filings transportation rate schedules. It is said these facilities is estimated to be have been made with the Commission: that the estimated total volumes $13,055,800. 28400 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices Southern requests Commission filed within the time allowed therefor, sources of supply announced and under approval of the application by no later the proposed activity shall be deemed to development in this area. than May 1, 1996, so that the facilities be authorized effective the day after the Southern states that its recent gas will be in service to provide the time allowed for filing a protest. If a supply attachment efforts have been additional firm transportation service by protest is filed and not withdrawn focused on supply prospects which are November 1, 1996. within 30 days after the time allowed near Southern’s existing facilities. It is Comment date: June 14, 1995, in for filing a protest, the instant request stated that a large number of such accordance with Standard Paragraph F shall be treated as an application for prospects are located in the offshore at the end of this notice. authorization pursuant to Section 7 of Louisiana are upstream of Southern’s Toca Compressor Station. Southern Standard Paragraphs the Natural Gas Act. Lois D. Cashell, states that its supply system in south F. Any person desiring to be heard or Secretary. Louisiana has two separate main lines, to make any protest with reference to the ‘‘east Leg’’ which extends in to the [FR Doc. 95–13227 Filed 5–30–95; 8:45 am] said application should on or before the Main Pass area and the ‘‘west leg’’ comment date, file with the Federal BILLING CODE 6717±01±P which extends from the Franklinton Energy Regulatory Commission, Compressor Station to the Shadyside Washington, D.C. 20426, a motion to [Docket No. CP95±500±000, et al.] Compressor Station. It is stated that the intervene or a protest in accordance ‘‘west leg’’ has traditionally received gas with the requirements of the Southern Natural Gas Company, et al.; from interconnections with other Commission’s Rules of Practice and Natural Gas Certificate Filings interstate pipelines, and supply Procedure (18 CFR 385.214 or 385.211) prospects in the area are limited. May 23, 1995. and the Regulations under the Natural Therefore, Southern states that its ‘‘east Gas Act (18 CFR 157.10). All protests Take notice that the following filings leg’’ upstream of the Toca Compressor filed with the Commission will be have been made with the Commission: Station has experienced the most considered by it in determining the 1. Southern Natural Gas Company activity in connecting new gas supplies. appropriate action to be taken but will It is stated that gas supply prospects in [Docket No. CP95–500–000] not serve to make the protestants parties this area are believed to be substantial. to the proceeding. Any person wishing Take notice that on May 15, 1995, Southern states that Exhibit Z to its to become a party to a proceeding or to Southern Natural Gas Company application contains a map and a list of participate as a party in any hearing (Southern), Post Office Box 2563, known prospects in the vicinity of therein must file a motion to intervene Birmingham, Alabama 35202–2563, Southern’s existing facilities which in accordance with the Commission’s filed in Docket No. CP95–500–000 an could be attached either through Rules. application pursuant to Section 7(c) of jurisdictional pipeline extensions or Take further notice that, pursuant to the Natural Gas Act for a certificate of through nonjurisdictional gathering the authority contained in and subject to public convenience and necessity lines to Southern’s system. While the the jurisdiction conferred upon the authorizing the construction, potential of many of these prospects is Federal Energy Regulatory Commission installation and operation of certain still emerging, Southern believes that by Sections 7 and 15 of the Natural Gas compression facilities and related the substantial financial expenditures Act and the Commission’s Rules of pipeline interconnection, measurement, by producers and technological Practice and Procedure, a hearing will and appurtenant facilities, all as more advances in the development of be held without further notice before the fully set forth in the application which deepwater prospects ensure that the Commission or its designee on this is on file with the Commission and open expansion of Southern’s facilities to application if no motion to intervene is to public inspection. provide access to downstream markets filed within the time required herein, if Southern states that the proposed from this supply area is necessary. It is the Commission on its own review of facilities will provide the capacity stated that the gas supply prospects the matter finds that a grant of the needed to perform firm transportation listed in Exhibit Z are estimated to certificate and/or permission and service on its pipeline system in its contain over 2 Tcf of reserves which approval for the proposed abandonment production area south of its Franklinton could be attached to Southern’s system. are required by the public convenience Compressor Station. It is stated that Southern also believes that the location and necessity. If a motion for leave to Southern has an extensive supply of these prospects make them the most intervene is timely filed, or if the system in the offshore Louisiana area economical gas supplies available to Commission on its own motion believes and receives approximately 900,000 Mcf Southern’s system in the near term and that a formal hearing is required, further per day (Mcdf) or nearly 60 percent of foreseeable future. However, in order to notice of such hearing will be duly its annual throughput from the ‘‘east compete with other pipelines for these given. leg’’ of its South Louisiana supply shippers and customers, Southern states Under the procedure herein provided system that accesses the Main Pass, that it must expand its existing capacity for, unless otherwise advised, it will be Viosca Knoll and Mississippi Canyon at Toca to enable these supplies to flow unnecessary for applicant to appear or areas. Southern contends that its efforts into downstream markets. be represented at the hearing. to connect new gas supplies in this area It is stated that prior to the recent G. Any person or the Commission’s and increase throughput have been industry restructuring under Order No. staff may, within 45 days after issuance hampered recently as a result of 636, pipelines generally constructed gas of the instant notice by the Commission, capacity constraints which exist at supply facilities and included the cost file pursuant to Rule 214 of the Southern’s Toca Compressor Station. If of the facilities in future rate filings on Commission’s Procedural Rules (18 CFR it is unable to increase its capacity to a rolled-in basis. In a post-636 385.214) a motion to intervene or notice move gas from the offshore areas, environment, Southern states that the of intervention and pursuant to Section Southern states that the markets and issue of who should bear the financial 157.205 of the Regulations under the customers served by Southern’s system responsibility for this type of project is Natural Gas Act (18 CFR 157.205) a will not have the opportunity to gain more complicated. It is stated that this protest to the request. If no protest is access to the significant number of new expansion project is not a traditional Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices 28401 market area expansion. Southern states transportation service in Southern’s proceeding and removing the at-risk that this expansion is an enhancement production area at a competitive rate. condition. of its current facilities to enable With firm service to the Comment date: June 13, 1995, in Southern to transport an additional 140 interconnections Southern has with accordance with Standard Paragraph F MMcfd through its Toca Compressor other interstate pipelines in this area, at the end of this notice. Station, which is currently operated at Southern contends that the producers 2. ANR Storage Company or near full capacity. Southern contends will have assured access to a substantial that it has determined that the gas portion of the natural gas markets in the [Docket No. CP95–504–000] supply is available and has identified eastern United States. It is stated that Take notice that on May 18, 1995, the facilities modifications required to they can elect to sell any of the new gas ANR Storage Company (ANR), 500 relieve its system bottleneck at Toca. supplies they connect to the Southern Renaissance Center, Detroit, Michigan According to Southern, the major system to markets served by the 48243, filed in Docket No. CP95–504– unresolved issue in the post-636 Southern system, and in such case, 000, pursuant to Section 7(b) of the environment is which industry segment those gas supplies would likely be Natural Gas Act (NGA), as amended, should initially pay the cost of this type transported under the purchaser’s firm and §§ 157.7 and 157.18 of the of system enhancement. Southern states and/or interruptible transportation Commission’s Regulations thereunder, that the distribution segment of the service agreements. an application requesting permission industry believes that producers should Southern states that the requirement and approval for abandonment of contribute to the cost of expanding that producers commit to attach new storage service performed for United facilities in order to make their gas reserves to the Southern system Cities Gas Company (United Cities), all supplies available to the market. It is provides a substantial benefit to as more fully set forth in the application stated that producers have taken the Southern’s firm and interruptible on file with the Commission. lead in constructing facilities to attach transportation customers. It is stated ANR states that it is requesting gas supply to the existing pipeline that they will have the opportunity to authorization for retroactive infrastructure but do not believe that compete for these new sources of supply abandonment of storage service that it they should bear the additional cost of without incurring, under Southern’s provides for United Cities under Rate expanding jurisdictional pipeline proposed rate treatment, any increase in Schedule X–6 and contained in Original capacity required to move new supplies their transportation costs as a result of Volume No. 2 of its FERC Gas Tariff. downstream. At the same time, the construction of the facilities for an This service was authorized in Docket Southern argues that it would be unfair initial 10-year period. Whether these No. CP79–453–000. ANR requests the to expect interstate pipelines to make new supplies are transported in the abandonment of Rate Schedule X–6 substantial investments in new facilities production area under one of the new effective April 1, 1995, the date of the without an opportunity to earn a 10 year service agreements or to a termination agreement between ANR reasonable return on their investments. market on the Southern system, and United Cities. ANR further states To strike an appropriate balance, Southern submits that the proposed that at United Cities’ request, Southern states that its proposal is an expansion of the Toca Compressor commencing April 1, 1995, this service effort to allocate among the stakeholders Station will eliminate a capacity would be provided under ANR’s FERC the cost of this expansion project that constraint and enable an additional 140 Gas Tariff, Original Volume No. 1. benefits the system as a whole. It is MMcfd to flow into the Southern system ANR states that no facilities are stated that the cost sharing proposal via the ‘‘east leg’’. It is stated that this proposed to be abandoned. represents a reasonable sharing— increase in the ‘‘east leg’’, however, will Comment date: June 13, 1995, in between the producers for the first 10 not cause an increase in capacity on accordance with Standard Paragraph F years and the transportation customers Southern’s main line. at the end of this notice. thereafter—of the costs required to Southern requests that the Standard Paragraphs expand Southern’s production area Commission act on its request in two capacity. By adding additional steps. First, Southern requests that the F. Any person desiring to be heard or compression at its Toca Compressor Commission issue an initial to make any protest with reference to Station, Southern states that it will determination that the construction and said application should on or before the increase its capacity to transport gas operation of the proposed facilities to comment date, file with the Federal supplies through Toca by 140 MMcfd. provide capacity necessary for the Energy Regulatory Commission, In addition, Southern submits that it performance of firm production area Washington, D.C. 20426, a motion to will require, as part of the transportation transportation services on the terms and intervene or a protest in accordance agreement, a commitment from the conditions described in the application with the requirements of the producers to attach 150 Bcf of new are required by the present or future Commission’s Rules of Practice and reserves for every 50 MMcfd of public convenience and necessity. Procedure (18 CFR 385.214 or 385.211) Transportation Demand, or Southern states that it is willing to and the Regulations under the Natural approximately 400 BCF of additional accept an at-risk condition in the initial Gas Act (18 CFR 157.10). All protests reserves to Southern’s system. Based determination because its application filed with the Commission will be upon extensive discussions with does not include the requisite showing considered by it in determining the producers that have prospects in the of market demand. Second, after it has appropriate action to be taken but will areas near Southern’s supply system submitted executed Firm Transportation not serve to make the protestants parties and with Southern’s transportation Service Agreements for 100 percent of to the proceeding. Any person wishing customers, Southern believes that an the additional capacity containing the to become a party to a proceeding or to expansion of its Toca Compressor terms and conditions described herein participate as a party in any hearing Station as proposed would benefit the and after completion of the therein must file a motion to intervene system as a whole and is in the public environmental review of the proposed in accordance with the Commission’s interest. facilities, Southern requests that the Rules. It is stated that producers would Commission issue an order adopting the Take further notice that, pursuant to benefit from obtaining firm initial decision as its final action in this the authority contained in and subject to 28402 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices the jurisdiction conferred upon the ENVIRONMENTAL PROTECTION relevant to it, are contained in Public Federal Energy Regulatory Commission AGENCY Docket A–93–42, entitled ‘‘Certification of Urban Bus Retrofit/Rebuild by Sections 7 and 15 of the Natural Gas [FRL±5212±8] Act and the Commission’s Rules of Equipment’’. This docket is located in Practice and Procedure, a hearing will Retrofit/Rebuild Requirements for 1993 room M–1500, Waterside Mall (Ground be held without further notice before the and Earlier Model Year Urban Buses; Floor), U.S. Environmental Protection Commission or its designee on this Approval of an Application for Agency, 401 M Street SW., Washington, application if no motion to intervene is Certification of Equipment DC 20460. filed within the time required herein, if Docket items may be inspected from AGENCY: Environmental Protection 8:00 a.m. until 4:00 p.m., Monday the Commission on its own review of Agency. the matter finds that a grant of the through Friday. As provided in 40 CFR ACTION: Notice of Agency approval of an certificate and/or permission and Part 2, a reasonable fee may be charged application for equipment certification. approval for the proposed abandonment by the Agency for copying docket are required by the public convenience SUMMARY: The Agency received an materials. and necessity. If a motion for leave to application dated August 2, 1994 from DATES: The date of this document May intervene is timely filed, or if the the Engelhard Corporation (Engelhard) 31, 1995 is the official certification date Commission on its own motion believes with principal place of business at 101 for this application. The equipment is that a formal hearing is required, further Wood Avenue, Iselin, New Jersey for immediately available for installation. notice of such hearing will be duly certification of urban bus retrofit/ given. rebuild equipment pursuant to 40 CFR FOR FURTHER INFORMATION CONTACT: 85.1401–85.1415. On September 16, Anthony Erb, Technical Support Under the procedure herein provided 1994 EPA published notification that Branch, Manufacturers Operations for, unless otherwise advised, it will be the application had been received and Division (6405J), U.S. Environmental unnecessary for applicant to appear or made the application available for Protection Agency, 401 M St. SW., be represented at the hearing. public review and comment for a period Washington, DC 20460. Telephone: G. Any person or the Commission’s of 45 days (59 FR 47581). EPA has (202) 233–9259. completed its review of this application staff may, within 45 days after issuance SUPPLEMENTARY INFORMATION: of the instant notice by the Commission, and the Director of the Manufacturers file pursuant to Rule 214 of the Operations Division has determined that I. Background it meets all the requirements for Commission’s Procedural Rules (18 CFR On August 2, 1994 Engelhard 385.214) a motion to intervene or notice certification. Accordingly, EPA approves the certification of this submitted an application under EPA’s of intervention and pursuant to 1 equipment effective May 31, 1995. Urban Bus/Retrofit program for § 157.205 of the Regulations under the The candidate equipment provides a certification of a catalytic converter Natural Gas Act (18 CFR 157.205) a 25 percent or greater reduction in muffler (CCM) for use on 2-cycle and 4- protest to the request. If no protest is emissions of particulate matter (PM) for cycle petroleum fueled diesel urban bus filed within the time allowed therefor, certain petroleum fueled diesel engines engines for 1993 and earlier model the proposed activity shall be deemed to relative to the original engine years. Engelhard has since withdrawn be authorized effective the day after the configuration and on engines that have the 4-cycle engines from consideration time allowed for filing a protest. If a been retrofit/rebuilt with certified new pending development of additional test protest is filed and not withdrawn rebuild kits that do not include data. within 30 days after the time allowed aftertreatment devices. In addition, this The CCM functions as a catalytic for filing a protest, the instant request equipment will be offered to all parties converter and a muffler. It takes the shall be treated as an application for for $2,151 or less (2,000 or less in 1992 place of the original muffler in the authorization pursuant to Section 7 of dollars). The certification of this engine exhaust system. Engelhard the Natural Gas Act. equipment triggers requirements for all documented that the candidate Lois D. Cashell, operators utilizing Program 1 that have equipment provides a 25 percent or engines in their fleet that are covered by Secretary. greater reduction in emissions of this certification. particulate matter (PM) for petroleum [FR Doc. 95–13228 Filed 5–30–95; 8:45 am] ADDRESSES: The Engelhard application, fueled diesel heavy-duty urban bus BILLING CODE 6717±01±P as well as other materials specifically engines as listed in Table A. TABLE A. CERTIFICATION LEVELS PM level with stand- Engine model Model year ard rebuild Code Family designation and addition of CCM DDC 6V92TA MUI ...... 1979±1987 1 .38 ALL ...... ALL DDC 6V92TA MUI ...... 1988±1989 .22 ALL ...... ALL DDC 6V92TA MUI ...... 1979±1989 2 .18 ALL ...... ALL DDC 6V92TA DDEC I ...... 1986±1989 .23 ALL ...... ALL DDC 6V92TA DDEC II ...... 1988±1991 .23 ALL ...... ALL 1992 .19 ALL ...... ALL 1 EPA promulgated the Retrofit/Rebuild bus retrofit/rebuild program as required by section Requirements for 1993 and Earlier Model Year 219(d) of the Clean Air Act Amendments (CAAA) Urban Buses on April 23, 1993 (58 FR 21359). This of 1990. final rule established the provisions for an urban Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices 28403 TABLE A. CERTIFICATION LEVELSÐContinued PM level with stand- Engine model Model year ard rebuild Code Family designation and addition of CCM 1993 .19 ALL ...... ALL DDC 6V71N ...... 1973±1989 .38 ALL ...... ALL DDC 6V71T ...... 1985±1986 .38 ALL ...... ALL DDC 8V71N ...... 1973±1984 .38 ALL ...... ALL DDC 6L71TA ...... 1990 .44 ALL ...... ALL 1988±1989 .23 ALL ...... ALL DDC 6L71TA DDEC ...... 1990±1991 .23 ALL ...... ALL DDC±8V±92TA ...... 1979±1987 .40 ALL ...... 8V±92TA 1988 .29 ALL ...... ALL DDC±8V±92TA±DD ...... 1988 .31 ALL ...... 8V±92TA±DDEC II DDC±8V±92TA ...... 1989 .35 9E70 ...... KDD0736FW8 9 DDC±8V±92TA ...... 1989 .29 9A90 ...... KDD0736FW8 9 DDC±8V±92TA ...... 1989 .26 9G85 ...... KDD0736FW8 9 DDC±8V±92TA±DDEC ...... 1989 .31 1A ...... KDD0736FZH 4 DDC±8V±92TA ...... 1990 .35 9E70 ...... LDD0736FAH 9 DDC±8V±92TA±DDEC ...... 1990 .37 1A ...... LDD0736FZH 3 DDC±8V±92TA±DDEC ...... 1991 .19 1A OR 5A ..... MDD0736FZH 2 DDC±8V±92TA ...... 1992±1993 .16 1D ...... NDD0736FZH 1 & PDD0736FZH X DDC±8V±92TA±DDEC ...... 1992±1993 .22 6A ...... NDD0736FZH 1 & PDD0736FZH X DDC±8V±92TA±DDEC ...... 1992±1993 .15 5A ...... NDD0736FZH 1 & PDD0736FZH X DDC±8V±92TA±DDEC ...... 1992±1993 .19 1A ...... NDD0736FZH 1 & PDD0736FZH X 1 To attain these levels of PM reduction engines must be rebuilt to original manufacturers specifications, or in cases where the operator finds the engines meet certain performance specifications as stated by Engelhard in the instructions to purchasers of the CCM kit, rebuild of the en- gine in order to claim the listed PM reduction would not be required. This applies to all engines listed in the table with the exception of those cov- ered by footnote 2. 2 If the CCM is installed on these engines after rebuild using the ``Engelhard Emission Rebuild/Retrofit Kit'' in conjunction with the CCM, the emission level certified to by Engelhard is 0.18 g/bhp-hr PM. Emission test results supplied by Engelhard in the application are shown in Table B. The test data show a greater than 25% reduction in PM. Hydrocarbon (HC), carbon monoxide (CO), oxides of nitrogen (NOx) and smoke emissions were within the applicable emission standards with the CCM installed. TABLE B.ÐCERTIFICATION EMISSION TEST RESULTS (GM/BHP±HR) Baseline Baseline engine be- Baseline re- Rebuilt en- engine be- fore rebuild built engine gine with fore rebuild with catalyst catalyst HC ...... 1.19 0.64 0.48 0.24 CO ...... 2.53 1.32 1.53 1.00 NOX ...... 9.55 9.70 10.31 10.46 PM ...... 0.87 0.51 0.21 0.15 Smoke Test ...... Accel ...... 6.0% Lug ...... 3.4% Peak ...... 7.6% Urban bus operators who choose to Program 2 post rebuild levels in July An abbreviated summary of the major comply with Program 1 will be required 1996. comments is provided below. to use this equipment (or other Additional discussion of comments for equipment certified in the meantime) II. Summary and Analysis of Comments this decision can be found in the Final beginning six months after the date of Decision Document for the Engelhard EPA received a variety of comments # this certification approval. Urban bus on the Engelhard application during the Application 1 (FDDEA1) which has operators who choose to comply with comment period. The comments been placed in Docket A–93–42. A Program 2 and use the Engelhard limited number of copies of the generally fall into the areas of equipment will use the PM emissions FDDEA1 are also available form the equipment effects and design, durability values from Table A when calculating contact person listed above (see FOR and cost. Copies of the original their average fleet PM level. FURTHER INFORMATION CONTACT). comments are to be found in EPA The emission levels of the Engelhard The most frequently raised concern Docket A–93–42. rebuild kit will be used to modify the among commenters was the effect of the 28404 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices CCM on engine backpressure and the baseline engine and on an engine [OPPTS±62145; FRL±4947±6] effect the backpressure could have on equipped with a CCM. This data shows the remaining life of the engine. the BSFC difference between these tests Instruction Manual on Interim Controls and the Operation and Maintenance of Backpressure with the CCM installed to be within normal test to test Lead-Based Paint for Abatement will generally be higher than the variability, and EPA does not find that Workers and Maintenance Personnel; backpressure with the original muffler. this equipment will have an impact on Notice of Availability However, Engelhard has designed the fuel economy. CCM to ensure that the engine manufacturer’s maximum allowable Regarding the second comment, AGENCY: Environmental Protection backpressure will not be exceeded for operators may indeed continue to use Agency (EPA). any engine/exhaust combination. Since certified equipment beyond the ACTION: Request for preproposals. backpressure will remain below the statutory useful-life of 150,000 miles. SUMMARY: manufacturer’s allowable limit, EPA However, for the purpose of calculating EPA issued a proposed rule does not believe that engine life will be life cycle costs, only those costs Lead: Requirements for Lead-Based diminished as a result of installing a incurred within the useful-life are Paint Activities on September 2, 1994. CCM. Furthermore, Engelhard has relevant. Operators who operate The objective of the proposed rule is to provide standards for the training of a recently reconfigured the catalyst that equipment beyond the useful-life are workforce qualified to assist in the will be marketed under this program to responsible for costs to maintain the evaluation and reduction of hazards provide a lower backpressure as equipment in proper operating compared to the catalyst used in the associated with lead-based paint. To condition, and assume in-use emissions further the goal of improved training for certification test. performance liability. Catalyst sizing, packaging and the workforce engaged in lead-based installation applicability were raised as III. Certification Approval paint activities, the U.S. Department of issues by several commenters. Housing and Urban Development (HUD) Specifically, commenters questioned The Agency has reviewed this has provided funds for the development whether the catalyst would be application, along with comments of a training curriculum and an adequately packaged to fit the wide received from the interested parties, and accompanying video on interim controls range of engines and bus models, and finds that this application meets the and operations and maintenance for whether proper installation and requirements for certification under the lead-based paint. HUD has transferred mounting hardware would be available Retrofit/Rebuild Requirements for 1993 these funds to EPA for the management for each combination of bus /engine. and Earlier Model Year Urban Buses (40 of this project. EPA is requesting the Clear instructions and proper CFR 85.1401 and 85.1415). Thus, the submission of preproposals from installation for each bus/engine Agency hereby approves the qualified organizations that are combination will be required to ensure certification of this equipment. interested in developing a training proper operation of the CCM. Engelhard course and a video on these subjects. has designed specific installation IV. Operator Requirements and This notice describes the eligibility and instructions and hardware for most Responsibilities criteria for the selection of preproposals. applications already. The CCM takes the Operators who have chosen to comply DATES: All preproposals must be place of the muffler in the exhaust submitted to EPA by June 30, 1995. with Program 1 will be required to system and each kit will contain all ADDRESSES: Preproposals should be sent components necessary to complete the utilize this equipment for any engines that are listed in Table A that undergo to the following address: Betty Weiner, installation. Engelhard continues to Chemical Management Division (7404), work with operators to develop rebuild on or after December 1, 1995. Under Program 2, this equipment is Office of Pollution Prevention and appropriate hardware and packaging for Toxics, Environmental Protection immediately available to operators for specific applications. Agency, 401 M St., SW., Washington, The last major group of comments use and those who use this certified kit DC 20460. centered around life cycle cost of the may claim the PM emissions reduction CCM. One commenter proposed that as stated in Table A when calculating FOR FURTHER INFORMATION CONTACT: field data be collected to support fuel their Fleet Level Attained. Betty Weiner at (202) 260–2924 or write economy impact claims contained in the to the address listed under the As stated in the regulations, operators application for certification. Another ADDRESSES unit. should maintain records for each engine commenter noted that operators might SUPPLEMENTARY INFORMATION: In the use the equipment beyond the 150,000 in their fleet to demonstrate that they Federal Register of September 2, 1994 mile useful life, and questioned how the are in compliance with either program (59 FR 45872), EPA issued a proposed costs associated with use beyond 1 or program 2 beginning in January 1, rule regarding regulations governing 150,000 miles are accounted for in the 1995. These records include purchase lead-based paint activities. The purpose life cycle cost. records, receipts, and part numbers for of this document is to announce the Regarding field data to demonstrate the parts and components used in the availability of funds to be administered fuel economy claims, the regulations do rebuilding of urban bus engines. by EPA in the form of a cooperative not require that life cycle fuel cost be Dated: May 10, 1995. agreement with an organization with calculated using field data. At the time demonstrated experience in lead-based Mary D. Nichols, of application for certification, a paint training activities. Any nonprofit certifier that is applying for certification Assistant Administrator for Air and organization with such experience is within life cycle cost limitations must Radiation. eligible to apply. These funds are to be provide information on the fuel [FR Doc. 95–13246 Filed 5–30–95; 8:45 am] used for the development of a 1–day economy impact of rebuild/retrofit BILLING CODE 6560±50±P course in interim controls for lead-based equipment. Engelhard provided brake- paint and routine maintenance specific fuel consumption (BSFC) data activities. The basic elements of interim from transient tests performed on a controls are: paint stabilization, dust Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices 28405 removal, treatment of friction and composed of EPA and HUD staff Dated: May 10, 1995. impact surfaces, and soil interim members. The following factors will be Lynn R. Goldman, controls. The course should also considered in the evaluations of the Assistant Administrator for Prevention, introduce the worker to the importance preproposals. Pesticides and Toxic Substances. of monitoring and reevaluation, and the A. Program Design [FR Doc. 95–13266 Filed 5–30–95; 8:45 am] role of maintenance in preserving the BILLING CODE 6560±50±F integrity of interim controls during The course length should be routine activities and minimizing approximately 8 hours, focusing on contamination of housing. The course teaching workers the fundamentals of should include a worker’s manual and appropriate interim controls as well as [FRL±5213±2] an instructor’s manual as well as a video hands-on demonstrations of the Science Advisory Board; Notification consisting of work demonstrations application and maintenance of these of Two Public Advisory Committee accompanied by explanatory narration. controls. Meetings The course will be used to train both Preproposals should be developed in certified and noncertified individuals conformance with the HUD Guidelines Pursuant to the Federal Advisory involved in the control of lead-based for the Evaluation and Control of Lead- Committee Act, Public Law 92–463, paint that is not undergoing removal. Based Paint Hazards in Housing. notice is hereby given that two Model courses in lead-based paint Another relevant source soon to be committees of the Science Advisory activities have already been developed available is a document currently under Board (SAB) will meet on the dates and or are in the process of development for development by the National Institute of times described below. All times noted the five disciplines specified in the Building Sciences titled Lead-Based are Eastern Time. All meetings are open regulations. These courses are: inspector Paint Operations and Maintenance to the public. Due to limited space, technician, inspector/risk assessor, Work Practices Manual. seating at meetings will be on a first- supervisor, planner/project designer, come basis. For further information and lead abatement worker. Required B. Program Experience concerning specific meetings, please course content for four of the five contact the individuals listed below. disciplines includes instruction in The applicant must include the Documents that are the subject of SAB methods of risk reduction. In addition, following organizational information: reviews are normally available from the inspector/risk assessors must learn how 1. Experience with lead-related issues originating EPA office and are not to develop an interim control plan and with an emphasis on lead-based paint. available from the SAB Office. the minimum training curricula 2. Experience with the development requirements for the planner/project of adult education courses particularly 1. Research Strategies Advisory designer course includes instruction in for workers with limited education or Committee (RSAC) operation and maintenance planning. with language difficulties. The Research Strategies Advisory Because of the hazards to workers, 3. A summary of any lead-related Committee (RSAC) will meet on June residents and the environment courses taught and a description of the 15–16, 1995, at the Holiday Inn, 550 C associated with lead-based paint, materials used to teach those courses. Street SW., Washington, DC. The training of specialists in the field and 4. Experience with providing hands- meeting will begin at 8:30 a.m. and end maintenance workers should include on training. no later than 5:00 p.m. The RSAC the most up-to-date methods of control 5. Qualifications of key personnel. routinely reviews broad issues related to to assure that exposure will be the planning and management of minimized in areas where abatement is C. Budget research activities within the Agency. not initially contemplated. A detailed budget should be included At this meeting, RSAC will receive I. Administrative Requirements that specifies the amount of money briefings from the Office of Research This program is subject to matching proposed for each element of the course and Development (ORD) on its process share requirements. Awards shall be curriculum as well as the non-federal for developing priorities for the FY 1997 given only to applicants who can fund share of the budget (at least 5 percent of Budget and the Research Priorities that at least 5 percent of their programs from the total excluding in-kind the Agency will consider in the non-Federal sources, excluding in-kind contributions). formulation of that Budget. Based on these presentations, RSAC may offer contributions. (In-kind contributions are III. Application Procedures and recommendations to the Agency on the defined as the value of a non-cash Notification of Selection contribution to meet a recipient’s cost- process, the overall directions of the sharing requirements. An in-kind Preproposals are due by June 30, research and the specific priorities that contribution may consist of charges for 1995. Preproposals should be the Agency is currently considering. In real property and equipment, or the approximately 10 pages in length and 7 addition, RSAC will discuss its own value of goods and services directly copies of the proposal should be mission and function statement and benefiting the EPA-funded project.) The provided. Notice of selection as a criteria that may be used to develop recipient’s matching share may exceed 5 possible award recipient will not priorities for research. percent. constitute approval of the final proposal Members of the public desiring The applicant must also provide proof as submitted. Prior to the actual additional information about the of the organization’s not-for-profit awarding of the cooperative agreement, meeting, including an agenda (after May status. representatives of the potential recipient 30), should contact Ms. Mary Winston, and EPA will begin negotiations Staff Secretary, Science Advisory Board II. Evaluation Process and Criteria concerning various components of the (1400F), U.S. EPA, 401 M Street SW., Preproposals submitted for the program, such as funding levels and Washington, DC 20460, by telephone at cooperative agreement solicited in this course materials. The project budget is (202) 260–6552, fax at (202) 260–7118, notice will be evaluated on a anticipated to be in the range of or to the Designated Federal Official, Dr. competitive basis by a review panel $200,000 to $400,000. Edward Bender at (202) 260–2562, or 28406 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices via the INTERNET at: June 19, in order to have time reserved person, bring comments to: [email protected]. on the agenda . Environmental Protection Agency, Rm. 1132, CM #2, 1921 Jefferson Davis Hwy., Anyone wishing to submit written Providing Oral or Written Comments at Arlington, VA. comments should forward at least 35 SAB Meetings copies to Dr. Bender no later than June Comments and data may also be 9th for distribution to the Committee The Science Advisory Board expects submitted electronically by sending and the interested public. Members of that public statements presented at its electronic mail (e-mail) to: opp- the public wishing to make an oral meetings will not be repetitive of [email protected]. Electronic presentation at the meeting must contact previously submitted oral or written comments must be submitted as an Dr. Bender by noon on the same statements. In general, each individual ASCII file avoiding the use of special deadline in order to have time reserved or group making an oral presentation characters and any form of encryption. on the agenda. See below for additional will be limited to a total time of ten Comments and data will be accepted on information on providing comments to minutes. Requests for public comment disks in Wordperfect in 5.1 file format the SAB. time should identify the name of the or ASCII file format. All comments and individual who will make the data in electronic form must be 2. Environmental Engineering presentation, requirements for audio identified by the docket number [OPP– Committee (EEC) visual equipment (e.g., overhead 30388] No ‘‘Confidential Business The Environmental Engineering projector, 35mm projector, chalk board, Information’’ (CBI) should be submitted Committee (EEC) will meet June 22–23, etc.), and an outline of the issues to be through e-mail. Electronic comments on 1995 at the One Washington Circle addressed. At least 35 copies of the oral this notice may be filed online at many Hotel, One Washington Circle NW., presentation (including overhead slides) Federal Depository Libraries. Additional Washington, DC. The meeting will begin must be provided to the SAB no later information on electronic submission each day at 8:30 a.m. and end no later than the meeting. Written comments (at can be found below in this document. than 6:00 p.m. least 35 copies) received in the SAB Information submitted as a comment The Committee will consider four Staff Office sufficiently prior to a concerning this notice may be claimed draft Science Advisory Board meeting date may be mailed to the confidential by marking any part or all subcommittee reports: (1) A review of relevant SAB committee or of that information as ‘‘Confidential the Office of Pollution Prevention and subcommittee prior to its meeting; Business Information’’ (CBI). Toxics draft Use Cluster Scoring comments received too close to the Information so marked will not be System, (2) the OSWER Exposure Model meeting date will normally be provided disclosed except in accordance with Subcommittee review of EPA’s to the committee at its meeting. Written procedures set forth in 40 CFR part 2. Composite Model for Leachate comments may be provided to the A copy of the comment that does not Migration with Transformation Products relevant committee or subcommittee up contain CBI must be submitted for (EPACMTP) and the Finite Source until the time of the meeting. inclusion in the public record. Methodology, (3) the Hazardous Air Dated: May 18, 1995. Information not marked confidential Pollutant Monitoring Subcommittee A. Robert Flaak, may be disclosed publicly by EPA review of a proposed research program Acting Staff Director, Science Advisory Board. without prior notice. All written comments will be available for public on continuous emissions monitoring, [FR Doc. 95–13244 Filed 5–30–95; 8:45 am] inspection in Rm. 1132 at the address and (4) the Innovative Technology BILLING CODE 6560±50±P Subcommittee’s review of the given above, from 8 a.m. to 4:30 p.m., Environmental Technology Innovation Monday through Friday, excluding and Commercialization Enhancement [OPP±30388; FRL±4956±6] holidays. Program (EnTICE), a technology FOR FURTHER INFORMATION CONTACT: By Mycogen Corp.; Application To verification program. Please contact one mail: Linda Hollis, Biopesticides and Register a Pesticide Product of the Committee Staff members listed Pollution Prevention Division (7501W), below for availability of these draft AGENCY: Environmental Protection Office of Pesticide Programs, documents. The Committee also plans Agency (EPA). Environmental Protection Agency, 401 to begin preparation of a commentary on ACTION: Notice. M St., SW., Washington, DC 20460. modeling, and will discuss review Office location and telephone number: options and priorities for future SUMMARY: This notice announces receipt Rm. CS51B6, Westfield Building North meetings. of an application to register a pesticide Tower, 2800 Crystal Drive, Arlington, Any member of the public wishing product containing an active ingredient VA 22202, (703) 308–8733; e-mail: further information, such as a proposed not included in any previously [email protected]. agenda, should contact Mrs. Dorothy registered product pursuant to the SUPPLEMENTARY INFORMATION: EPA Clark, Staff Secretary, Science Advisory provisions of section 3(c)(4) of the received an application from Mycogen Board (1400F), U.S. EPA, Washington, Federal Insecticide, Fungicide, and Corporation, 4980 Carroll Canyon Road, DC 20460, telephone (202) 260–6552 or Rodenticide Act (FIFRA), as amended. San Diego, CA 92121, to register the fax (202) 260–7118. Written comments DATES: Written comments must be pesticide product MYX 910 of any length (at least 35 copies) may be submitted by June 30, 1995. Bioinsecticide (EPA File Symbol 53219– provided up until the meeting. Members ADDRESSES: By mail, submit written RG), containing the active ingredient of the public who wish to make a brief comments identified by the document Bacillus thuringiensis variety japonensis oral presentation should contact the control number [OPP–30388] and the strain buibui at 13 percent, an Designated Federal Official, Mrs. file symbol (53219–RG) to: Public ingredient not included in any Kathleen Conway by phone at (202) Response and Program Resources previously registered product pursuant 260–2558, or INTERNET at: Branch, Field Operations Divisions to the provisions of section 3(c)(4) of CONW- (7506C), Office of Pesticide Programs, FIFRA. This product is for the control [email protected], no Environmental Protection Agency, 401 of larvae of soil dwelling beetles on or later than noon (eastern time), Monday, M St., SW., Washington, DC 20460. In in turfgrass, landscape ornamentals, Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices 28407 soil, transporation facilities, and interior List of Subjects claimed confidential by marking any plantscapes. Notice of receipt of this Environmental protection, Pesticides part or all of that information as application does not imply a decision and pests, Product registration. ‘‘Confidential Business Information’’ by the Agency on the application. (CBI). Information so marked will not be Dated: May 22, 1995. Notice of approval or denial of an disclosed except in accordance with application to register a pesticide Janet L. Andersen, procedures set forth in 40 CFR part 2. product will be announced in the Director, Biopesticides and Pollution A copy of the comment that does not Federal Register. The procedure for Prevention Division, Office of Pesticide contain CBI must be submitted for requesting data will be given in the Programs. inclusion in the public record. Federal Register if an application is [FR Doc. 95–13142 Filed 5–30–95; 8:45 am] Information not marked confidential approved. BILLING CODE 6560±50±F may be disclosed publicly by EPA Comments received within the without prior notice to the submitter. specified time period will be considered All written comments will be available before a final decision is made; [OPP±30387; FRL±4956±1] for public inspection in Rm. 1132 at the comments received after the time address given above, from 8 a.m. to 4:30 specified will be considered only to the Certain Companies; Applications to p.m., Monday through Friday, excluding extent possible without delaying Register Pesticide Products legal holidays. processing of the application. AGENCY: Environmental Protection FOR FURTHER INFORMATION CONTACT: By A record has been established for this Agency (EPA). mail: Registration Division (7505C), notice under docket number [OPP– ACTION: Notice. Attn: (Product Manager (PM) named in 30388] (including comments and data each registration), Office of Pesticide submitted electronically as described SUMMARY : This notice announces receipt Programs, 401 M St., SW., Washington, below). A public version of this record, of applications to register pesticide DC 20460. including printed, paper versions of products containing active ingredients electronic comments, which does not not included in any previously In person: Contact the PM named in include any information claimed as CBI, registered products pursuant to the each registration at the following office is available for inspection from 8 a.m. to provisions of section 3(c)(4) of the location/telephone number: 4:30 p.m., Monday through Friday, Federal Insecticide, Fungicide, and Office location/ excluding legal holidays. The public Rodenticide Act (FIFRA), as amended. Product manager telephone Address record is located in Rm. 1132 of the DATES: Written comments must be number Public Response and Program Resources submitted by June 30, 1995. PM 25 Rob- Rm. 241, CM Environ- Branch, Field Operations Division ADDRESSES: By mail submit comments (7506C), Office of Pesticide Programs, ert Taylor, #2 (703± mental identified by the document control 305±6800). Protection Environmental Protection Agency, number [OPP–30387] and the Crystal Mall #2, 1921 Jefferson Davis Agency registration/file number, attention 1921 Jeffer- Highway, Arlington, VA. Product Manager (PM) named in each son Davis Electronic comments can be sent application at the following address: Hwy directly to EPA at: Public Response and Program Resources Arlington, VA [email protected] Branch, Field Operations Division 22202 Electronic comments must be (7506C), Office of Pesticide Programs, PM 10 Rich- Rm. 713, CM -Do- submitted as an ASCII file avoiding the ard #2 (703± Environmental Protection Agency, 401 Keigwin, 305±7618). use of special characters and any form M St., SW., Washington, DC 20460, In of encryption. person, bring comments to: The official record for this notice, as Environmental Protection Agency, Rm. SUPPLEMENTARY INFORMATION: EPA well as the public version, as described 1132, CM #2, 1921 Jefferson Davis received applications as follows to above will be kept in paper form. Highway, Arlington, VA. register pesticide products containing Accordingly, EPA will transfer all Comments and data may also be active ingredients not included in any comments received electronically into submitted electronically by sending previously registered products pursuant printed, paper form as they are received electronic mail (e-mail) to: opp- to the provisions of section 3(c)(4) of and will place the paper copies in the [email protected]. Electronic FIFRA. Notice of receipt of these official record which will also include comments must be submitted as an applications does not imply a decision all comments submitted directly in ASCII file avoiding the use of special by the Agency on the applications. writing. The official record is the paper characters and any form of encryption. Products Containing Active Ingredients record maintained at the address in Comments and data will also be ADDRESSES at the beginning of this Not Included in Any Previously accepted on disks in WordPerfect in 5.1 Registered Products document. file format or ASCII file format. All Written comments filed pursuant to comments and data in electronic form 1. File Symbol: 264–LLL. Applicant: this notice, will be available in the must be identified by the docket number Rhone-Poulenc AG Company, P.O. Box Public Response and Program Resources [OPP–30387]. No ‘‘Confidential 12014, 2 T.W. Alexander Drive, Branch, Field Operations Division at the Business Information’’ (CBI) should be Research Triangle Park, NC 27709. address provided from 8 a.m. to 4:30 submitted through e-mail. Electronic Product name: Regent 1.5G Insecticide. p.m., Monday through Friday, excluding comments on this notice may be filed Insecticide. Active ingredient: Fipronil legal holidays. It is suggested that online at many Federal Depository 5-amino-1-(2,6-dichloro-4- persons interested in reviewing the Libraries. Additional information on (trifluoromethyl) phenyl)-4-((1,R,S)- application file, telephone this office at electronic submission can be found (trifluoromethyl)sulfinyl)-1 H-pyrazole- (703–305–5805), to ensure that the file below in this document. 3-carbonitrile at 1.5 percent. Proposed is available on the date of intended visit. Information submitted in any classification/Use: None. For use on Authority: 7 U.S.C. 136. comment concerning this notice may be corn to control northern and western 28408 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices corn, rootworm larvae, and wireworms. Electronic comments must be 6800; e-mail: (PM 10) submitted as an ASCII file avoiding the [email protected]. 2. File Symbol: 264–LLU. Applicant: use of special characters and any form SUPPLEMENTARY INFORMATION: E.I. Rhone-Poulenc Co. Product name: of encryption. DuPont de Nemours & Company, Inc., Fipronil Technical. Insecticide. Active The official record for this notice, as Agricultural Products, Walkers Mill, ingredient: Fipronil 5-amino-1-(2,6- well as the public version, as described Barley Mill Plaza, P.O. Box 80038, dichloro-4-(trifluoromethyl) phenyl)-4- above will be kept in paper form. Wilmington, DE 19880–0038, has ((1,R,S)-(trifluoromethyl)sulfinyl)-1 H- Accordingly, EPA will transfer all requested in pesticide petition (PP) pyrazole-3-carbonitrile at 96.5 percent. comments received electronically into 3G4161, the establishment of temporary Proposed classification/Use: None. For printed, paper form as they are received tolerances for residues of the herbicide formulation into an insecticide. (PM 10) and will place the paper copies in the triflusulfuron methyl (methyl-2-[[[[[4- 3. File Symbol: 264–LLN. Applicant: official record which will also include (dimethylamino)-6-(2,2,2- Rhone-Poulenc Co. Product name: all comments submitted directly in trifluoroethoxy)-1,3,5-triazin-2- Chipco Gauntlet 0.1G. Insecticide. writing. The official record is the paper yl]carbonyl]amino]sulfonyl]-3- Active ingredient: Fipronil 5-amino-1- record maintained at the address in methylbenzoate) in or on the raw (2,6-dichloro-4-(trifluoromethyl) ADDRESSES at the beginning of this agricultural commodities sugar beet phenyl)-4-((1,R,S)- document. roots and tops at 0.05 part per million (trifluoromethyl)sulfinyl)-1 H-pyrazole- Written comments filed pursuant to (ppm). These temporary tolerances will 3-carbonitrile at 0.1 percent. Proposed this notice, will be available in the permit the marketing of the above raw classification/Use: None. For use on golf Public Response and Program Resources agricultural commodities when treated and commercial turfgrass and to control Branch, Field Operations Division at the in accordance with the provisions of the mole crickets in turfgrass. (PM 10) address provided from 8 a.m. to 4:30 experimental use permit 352–EUP–160, 4. File Symbol: 352–LAO. Applicant: p.m., Monday through Friday, excluding which is being issued under the Federal E.I. duPont de Nemours and Co. Product legal holidays. It is suggested that Insecticide, Fungicide, and Rodenticide name: Upbeet Herbicide. Herbicide. persons interested in reviewing the Act (FIFRA), as amended (Pub. L. 95– Active ingredient: Triflusulfuron methyl application file, telephone this office at 396, 92 Stat. 819; 7 U.S.C. 136). methyl 2-[-[-[[[4-(dimethylamino)-6- (703–305–5805), to ensure that the file The scientific data reported and other (2,2,2-trifluoroethoxy)-1,3,5-triazin-2- is available on the date of intended visit. relevant material were evaluated, and it yl]amino]carbonyl]amino[sulfonyl]-3- Authority: 7 U.S.C. 136. was determined that establishment of methylbenzoate at 50 percent. Proposed the temporary tolerances will protect classification/Use: None. For selective List of Subjects the public health. Therefore, the postemergence control of broadleaf and Environmental protection, Pesticides temporary tolerances have been grass weeds in sugar beets. (PM 25) and pests, Product registration. established on the condition that the Notice of approval or denial of an Dated: May 18, 1995. pesticide be used in accordance with application to register a pesticide the experimental use permit and with product will be announced in the Stephen L. Johnson, the following provisions: Federal Register. The procedure for Director, Registration Division, Office of 1. The total amount of the active requesting data will be given in the Pesticide Programs. ingredient to be used must not exceed Federal Register if an application is [FR Doc. 95–13140 Filed 5–30–95; 8:45 am] the quantity authorized by the approved. BILLING CODE 6560±50±F experimental use permit. Comments received within the 2. DuPont must immediately notify specified time period will be considered the EPA of any findings from the before a final decision is made; [PP 3G4161/T673; FRL 4948±8] experimental use that have a bearing on comments received after the time Triflusulfuron Methyl; Establishment of safety. The company must also keep specified will be considered only to the Temporary Tolerances records of production, distribution, and extent possible without delaying performance and on request make the processing of the application. AGENCY: Environmental Protection records available to any authorized A record has been established for this Agency (EPA). officer or employee of the EPA or the notice under docket number [OPP– ACTION: Notice. Food and Drug Administration. 30387] (including comments and data These tolerances expire September 30, submitted electronically as described SUMMARY: EPA has established 1997. Residues not in excess of these below). A public version of this record, temporary tolerances for residues of the amounts remaining in or on the raw including printed, paper versions of herbicide triflusulfuron methyl in or on agricultural commodities after this electronic comments, which does not certain raw agricultural commodities. expiration date will not be considered include any information claimed as CBI, These temporary tolerances were actionable if the pesticide is legally is available for inspection from 8 a.m. to requested by E.I. DuPont de Nemours & applied during the term of, and in 4:30 p.m., Monday through Friday, Company, Inc. accordance with, the provisions of the excluding legal holidays. The public DATES: These temporary tolerances experimental use permit and temporary record is located in Rm. 1132 of the expire September 30, 1997. tolerances. These tolerances may be Public Response and Program Resources FOR FURTHER INFORMATION CONTACT: By revoked if the experimental use permit Branch, Field Operations Division mail: Robert Taylor, Product Manager is revoked or if any experience with or (7506C), Office of Pesticide Programs, (PM) 25, Registration Division (7505C), scientific data on this pesticide indicate Environmental Protection Agency, Office of Pesticide Programs, that such revocation is necessary to Crystal Mall #2, 1921 Jefferson Davis Environmental Protection Agency, 401 protect the public health. Highway, Arlington, VA. M St., SW., Washington, DC 20460. The Office of Management and Budget Electronic comments can be sent Office location and telephone number: has exempted this notice from the directly to EPA at: Rm. 245, CM#2, 1921 Jefferson Davis requirement of section 3 of Executive [email protected] Highway, Arlington, VA, (703) 305– Order 12866. Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices 28409 Pursuant to the requirements of the Information on the proposed test and Crystal Mall #2, 1921 Jefferson Davis Regulatory Flexibility Act (Pub. L. 96– any written comments will be available Highway, Arlington, VA. 354, 94 Stat. 1164, 5 U.S.C. 601–612), for public inspection in Rm. 1132 at the Electronic comments can be sent the Administrator has determined that Virginia address given above, from 8 directly to EPA at: regulations establishing new tolerances a.m. to 4:30 p.m., Monday through [email protected] or raising tolerance levels or Friday, excluding legal holidays. establishing exemptions from tolerance Comments and data may also be Electronic comments must be requirements do not have a significant submitted electronically by sending submitted as an ASCII file avoiding the economic impact on a substantial electronic mail (e-mail) to: opp- use of special characters and any form number of small entities. A certification [email protected]. Electronic of encryption. statement to this effect was published in comments must be submitted as an The official record for this the Federal Register of May 4, 1981 (46 ASCII file avoiding the use of special rulemaking, as well as the public FR 24950). characters and any form of encryption. version, as described above will be kept Authority: 21 U.S.C. 346a(j). Comments and data will also be in paper form. Accordingly, EPA will accepted on disks in WordPerfect in 5.1 transfer all comments received List of Subjects file format or ASCII file format. All electronically into printed, paper form Environmental protection, comments and data in electronic form as they are received and will place the Administrative practice and procedure, must be identified by the docket number paper copies in the official rulemaking Agricultural commodities, Pesticides [PF-627]. No Confidential Business record which will also include all and pests, Reporting and recordkeeping Information (CBI) should be submitted comments submitted directly in writing. requirements. through e-mail. Electronic comments on The official rulemaking record is the paper record maintained at the address Dated: May 22, 1995. this proposed rule may be filed online at many Federal Depository Libraries. in ADDRESSES at the beginning of this Stephen L. Johnson, Additional information on electronic document. Director, Registration Division, Office of submissions can be found below in this List of Subjects Pesticide Programs. document. Enviornmental protection, [FR Doc. 95– 13271 Filed 5–30–95; 8:45 am] FOR FURTHER INFORMATION CONTACT: By Administrative practice and procedure, BILLING CODE 6560±50±F mail: Phil Hutton, Product Manager Agricultual commodities, Pesticides and (PM-90), Biopesticides and Pollution pests, Reporting and recordkeeping [PF±627; FRL±4956±9] Prevention Division (7501W), Office of requirements. Prevention, Pesticides and Toxic Authority: 21 U.S.C. 346a and 348. Troy Biosciences, Inc.; Notice of Filing Substances, Environmental Protection of Pesticide Petition Agency, 401 M St., SW., Washington, Dated: May 22, 1995. DC 20460. Office location and telephone Janet L. Andersen, AGENCY: Environmental Protection number: 5th Floor, CS#1, 2805 Jefferson Agency (EPA). Director, Biopesticides and Pollution Davis Hwy., Arlington, VA, (703)-308- Prevention Division, Office of Prevention, ACTION: Notice. 8260; e-mail: Pesticides and Toxic Substances. [email protected]. SUMMARY: EPA has received from Troy [FR Doc. 95–13270 Filed 5–30–95; 8:45 am] Biosciences, Inc., a petition to establish SUPPLEMENTARY INFORMATION: This BILLING CODE 6560±50±F a regulation to exempt from the notice announces that EPA has received requirement of a tolerance residues of from Troy Biosciences, Inc., 2620 North the insecticide Beauvaria bassiana 37th Drive, Phoenix, AZ 85009, the [OPPTS±44617; FRL±4956±7] ATCC 74040, in or on all raw filing of a pesticide petition, PP 5F4483, TSCA Chemical Testing; Receipt of agricultural commodities. pursuant to the Federal Food, Drug and Test Data ADDRESSES: By mail, submit written Cosmetic Act (FFDCA), proposing that comments to: Public Response and 40 CFR part 180 be amended by AGENCY: Environmental Protection Program Resources Branch, Field establishing a regulation to exempt from Agency (EPA). Operations Division (7506C), Office of the requirement of a tolerance residues ACTION: Notice. Pesticide Programs, Environmental of the insecticide Beauvaria bassiana Protection Agency, 401 M St., SW., ATCC 74040 in or on all raw SUMMARY: This notice announces the Washington, DC 20460. In person, bring agricultural commodities. receipt of test data on ethyl acetate (CAS comments to: Rm. 1132, CM #2, 1921 A record has been established for this No. 141–78–6) submitted pursuant to a Jefferson Davis Hwy., Arlington, VA. rulemaking under docket number [PF- testing consent order under the Toxic Information submitted and any 627] (including any comments and data Substances Control Act (TSCA). comment(s) concerning this notice may submitted electronically as described Publication of this notice is in be claimed confidential by marking any below). A public version of this record, compliance with section 4(d) of TSCA. part or all of that information as including printed, paper versions of FOR FURTHER INFORMATION CONTACT: ‘‘Confidential Business Information’’ electronic comments, which does not Susan B. Hazen, Director, (CBI). Information so marked will not be include any information claimed as CBI, Environmental Assistance Division disclosed except in accordance with is available for inspection from 8 a.m. to (7408), Office of Pollution Prevention procedures set forth in 40 CFR part 2. 4:30 p.m., Monday through Friday, and Toxics, Environmental Protection A copy of the comment(s) that does not excluding legal holidays. The public Agency, Rm. E–543B, 401 M St., SW., contain CBI must be submitted for record is located in Room 1132 of the Washington, DC 20460, (202) 554–1404, inclusion in the public record. Public Response and Program Resources TDD (202) 554–0551. Information not marked confidential Branch, Field Operations Division SUPPLEMENTARY INFORMATION: Under 40 may be disclosed publicly by EPA (7506C), Office of Pesticide Programs, CFR 790.60(a)(10), all TSCA section 4 without prior notice to the submitter. Environmental Protection Agency, consent orders must contain a statement 28410 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices that results of testing conducted the Asbestos Hazard Emergency Dated: May 18, 1995. pursuant to testing consent orders will Response Act (AHERA). As a be announced to the public in nationwide listing of approved asbestos William H. Sanders III, accordance with section 4(d). training programs and courses, the Director, Office of Pollution Prevention and NDAAC has replaced the similar listing Toxics. I. Test Data Submissions which was formerly published quarterly [FR Doc. 95–12896 Filed 5–30–95; 8:45 am] Test data for ethyl acetate were by EPA in the Federal Register. The BILLING CODE 6560±50±F submitted by The Chemical May 31, 1995, directory, which Manufacturers Association Oxo Process supersedes the version released on Panel pursuant to a testing consent February 28, 1995, may be ordered FEDERAL MARITIME COMMISSION order at 40 CFR 799.5000. They were through the NDAAC Clearinghouse received by EPA on April 5, 1995. The along with a variety of related reports. Notice of Agreement(s) Filed submission includes a final report ADDRESSES: Parties interested in The Federal Maritime Commission entitled ‘‘Ethyl Acetate: An Acute Vapor receiving a brochure which describes hereby gives notice of the filing of the Inhalation Neurotoxicity Study in the the national directory and provides following agreement(s) pursuant to Rat.’’ This chemical is used as a solvent ordering information should contact: section 5 of the Shipping Act of 1984. for lacquers and enamel coatings, as a EPA AHERA - NDAAC, c/o VISTA Interested parties may inspect and solvent for inks, as a plastics solvent, Computer Services, 3rd Floor, 6430 obtain a copy of each agreement at the and in chemical synthesis. Rockledge Drive, Bethesda, MD 20817, Washington, DC Office of the Federal EPA has initiated its review and Telephone: 1–800–462–6706. Maritime Commission, 800 North evaluation process for this data FOR FURTHER INFORMATION CONTACT: submission. At this time, the Agency is Capitol Street NW., 9th Floor. Interested Susan B. Hazen, Director, parties may submit comments on each unable to provide any determination as Environmental Assistance Division to the completeness of the submission. agreement to the Secretary, Federal (7408), Office of Pollution Prevention Maritime Commission, Washington, DC II. Public Record and Toxics, Environmental Protection 20573, within 10 days after the date of Agency, Rm. E–543B, 401 M St. SW., EPA has established a public record the Federal Register in which this Washington, DC 20460, (202) 554–1404, notice appears. The requirements for for this TSCA section 4(d) receipt of TDD: (202) 554–0551. data notice (docket number OPPTS– comments are found in § 572.603 of SUPPLEMENTARY INFORMATION: Pursuant 44617). This record includes copies of Title 46 of the Code of Federal to AHERA, as amended by the Asbestos Regulations. Interested persons should all studies reported in this notice. The School Hazard Abatement record is available for inspection from consult this section before Reauthorization Act (ASHARA), communicating with the Commission 12 noon to 4 p.m., Monday through contractors who prepare management Friday, except legal holidays, in the regarding a pending agreement. plans for schools, inspect for asbestos in Agreement No.: 203–011171–004. TSCA Public Docket Office, Rm. B–607 schools or public and commercial Northeast Mall, 401 M St., SW., Title: P&O Containers/Nedlloyd/Sea- buildings, or design or conduct response Land Agreement. Washington, DC 20460. actions with respect to friable asbestos- Authority: 15 U.S.C. 2603. Parties: P&O Containers Limited, containing materials in schools of Nedlloyd Lijnen BV, Sea-Land Service, List of Subjects completing prescribed training Inc. Environmental protection, Test data. requirements. EPA therefore maintains a Synopsis: The proposed amendment current national listing of AHERA- Dated: May 22, 1995. revises the Membership and Withdrawal accredited courses and approved provision to allow a party to withdraw Charles M. Auer, training providers so that this as a member upon 24-hours notice. It Director, Chemical Control Division, Office information will be readily available to also complies with the terms of the of Pollution Prevention and Toxics. assist the public accessing these training Settlement Agreement in Docket No. [FR Doc. 95–13267 Filed 5–30–95; 8:45 am] programs and obtaining the necessary 94–28—Vessel Sharing Agreements accreditation. This information is also BILLING CODE 6560±50±F Order to Show Cause. maintained so that the Agency and Agreement No.: 203–011394–001. approved state accreditation and Title: Space Charter and Sailing [OPPT±62146; FRL±4952±1] licensing programs will have a reliable Agreement Between Orient Overseas means of identifying and verifying the Container Line (U.K.) Ltd. and Sea-Land Accredited Training Programs Under approval status of training courses and Service, Inc., P&O Containers Ltd. and the Asbestos Hazard Emergency organizations. Nedlloyd Lijnen BV. Response Act (AHERA) Previously, EPA had published this Parties: Orient Overseas Container AGENCY: Environmental Protection listing in the Federal Register on a Line (U.K.), P&O Containers Limited, Agency (EPA). quarterly basis. The last Federal Nedlloyd Lijnen BV, Sea-Land Service, Register listing required by law was ACTION: National Directory of AHERA Inc. published on August 30, 1991. EPA Accredited Courses (NDAAC); notice of Synopsis: The proposed amendment recognized the need to continue availability of new edition. revises the Membership and Withdrawal publication of this document even provision to allow a party to withdraw SUMMARY: Effective May 31, 1995, the though the legislative mandate has as a member upon 24-hours notice. It EPA is announcing the availability of a expired. The NDAAC fulfills the public also complies with the terms of the new edition of its National Directory of need for this information while at the Settlement Agreement in Docket No. AHERA Accredited Courses (NDAAC). same time, it reduces EPA cost and 94–28—Vessel Sharing Agreements This publication, updated quarterly, improves the service’s capabilities. Order to Show Cause. In addition, it also provides information to the public about deletes the requirement that the member training providers and courses approved List of Subjects belong to the applicable Conference. for accreditation purposes pursuant to Environmental protection. Agreement No.: 203–011395–001 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices 28411 Title: Space Charter and Sailing Security for the Protection of the FEDERAL RESERVE SYSTEM Agreement Between A.P. Moller-Maersk Public Financial Responsibility to Meet Line and P&O Containers Limited, Sea- Liability Incurred for Death or Injury to H. Glenn Barker, et al.; Change in Bank land Service, Inc. and Nedlloyd Lijnen. Passengers or Other Persons on Control Notices; Acquisitions of Voyages; Notice of Issuance of Shares of Banks or Bank Holding Parties: A.P. Moller-Maersk Line, P&O Companies Containers Limited, Sea-Land Service, Certificate (Casualty) Inc., Nedlloyd Lijnen BV. Notice is hereby given that the The notificants listed below have Synopsis: The proposed amendment following have been issued a Certificate applied under the Change in Bank revises the Membership and Withdrawal of Financial Responsibility to Meet Control Act (12 U.S.C. 1817(j)) and § provision to allow a party to withdraw Liability Incurred for Death or Injury to 225.41 of the Board’s Regulation Y (12 as a member upon 24-hours notice. It Passengers or Other Persons on Voyages CFR 225.41) to acquire a bank or bank also complies with the terms of the pursuant to the provisions of Section 2, holding company. The factors that are Settlement Agreement in Docket No. Public Law 89–777 (46 U.S.C. 817(d)) considered in acting on the notices are 94–28—Vessel Sharing Agreements and the Federal Maritime Commission’s set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)). Order to Show Cause. In addition, it also implementing regulations at 46 CFR Part deletes the requirement that the member 540, as amended: The notices are available for belong to the applicable Conference. Carnival Corporation, 3655 NW 87th immediate inspection at the Federal Avenue, Miami, Florida 33178–2428 Reserve Bank indicated. Once the Agreement No.: 203–011396–001 Vessel: IMAGINATION notices have been accepted for Title: Cooperative Working processing, they will also be available Dated: May 24, 1995. Agreement Among Orient Overseas for inspection at the offices of the Board Joseph C. Polking, Container Line (U.K.) Ltd., A.P. Moller- of Governors. Interested persons may Maersk Line and Sea-Land Service, Inc., Secretary. express their views in writing to the P&O Containers, Ltd., Nedlloyd Lijnen [FR Doc. 95–13173 Filed 5–30–95; 8:45 am] Reserve Bank indicated for that notice or to the offices of the Board of BV. BILLING CODE 6730±01±M Governors. Comments must be received Parties: Orient Overseas Container not later than June 13, 1995. Line (U.K.) Ltd., A.P. Moller-Maersk Ocean Freight Forwarder License; A. Federal Reserve Bank of Atlanta Line, Sea-land Service, Inc., P&O Applicants (Zane R. Kelley, Vice President) 104 Containers Limited, Nedlloyd Lijnen Marietta Street, N.W., Atlanta, Georgia Notice is hereby given that the VB. 30303: following applicants have filed with the Synopsis: The proposed amendment Federal Maritime Commission 1. H. Glenn Barker, Dunlap, revises the Membership and Withdrawal applications for licenses as ocean freight Tennessee; to acquire an additional 5.7 provision to allow a party to withdraw forwarders pursuant to section 19 of the percent, for a total of 28.4 percent, and as a member upon 24-hours notice. It Shipping Act of 1984 (46 U.S.C. app. L. Thomas Austin, Dunlap, Tennessee, also complies with the terms of the 1718 and 46 CFR 510). to acquire an additional 5.4 percent, for Settlement Agreement in Docket No. Persons knowing of any reason why a total of 26.9 percent, of the voting 94–28—Vessel Sharing Agreements any of the following applicants should shares of Sequatchie Valley Bancshares, Order to Show Cause. In addition, it not receive a license are requested to Inc., Dunlap, Tennessee, and thereby deletes the requirement that the member contact the Office of Freight Forwarders, indirectly acquire Citizens Tri-County belong to the applicable Conference. Federal Maritime Commission, Bank, Dunlap, Tennessee. Washington, DC 20573. Board of Governors of the Federal Reserve Agreement No.: 232–011501. Ocean Customs Brokers, 8554 Katy System, May 24, 1995. Title: Hanjin/Tricon Panama Freeway, Suite 123, Houston, TX Jennifer J. Johnson, Agreement. 77024, Eldon D. Spencer, Sole Deputy Secretary of the Board. Parties: Hanjin Shipping Co., Ltd. Proprietor [FR Doc. 95–13210 Filed 5–30–95; 8:45 am] (‘‘Hanjin’’), Tricon Parties, Cho Yang Atlant (USA), Inc., 5777 West Century BILLING CODE 6210±01±F Shipping Co. Ltd., DSR-Senator Lines. Blvd., Los Angeles, CA 90045, Officer: Bolko Kissling, President Synopsis: The proposed Agreement The Berens Corporation; Notice of authorizes Hanjin to charter space from Amerstar Shipping Incorporated, 277 Application To Engage de Novo in the Tricon parties and for the parties to Broadway, New York, NY 10007, Permissible Nonbanking Activities maintain a fixed day port sailing Officers: Belford Saltos, President, scheduled in both directions in the Madukwe E. Ukaegbu, Secretary The company listed in this notice has trade between U.S. West Coast ports and International Freight Systems (of filed an application under § 225.23(a)(1) ports in Panama. Oregon), Inc., d/b/a International of the Board’s Regulation Y (12 CFR Dated: May 24, 1995. Freight Systems, 604 NE 20th Ave., 225.23(a)(1)) for the Board’s approval Portland, Oregon 97232, Officers: under section 4(c)(8) of the Bank By Order of the Federal Maritime Holding Company Act (12 U.S.C. Commission. Robert C. Hansen, President, William D. Woodward, Vice President 1843(c)(8)) and § 225.21(a) of Regulation Joseph C. Polking, Y (12 CFR 225.21(a)) to commence or to Dated: May 24, 1995. Secretary. engage de novo, either directly or By the Federal Maritime Commission. [FR Doc. 95–13174 Filed 5–30–95; 8:45 am] through a subsidiary, in a nonbanking Joseph C. Polking, BILLING CODE 6730±01±M activity that is listed in § 225.25 of Secretary. Regulation Y as closely related to [FR Doc. 95–13175 Filed 5–30–95; 8:45 am] banking and permissible for bank BILLING CODE 6730±01±M holding companies. Unless otherwise 28412 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices noted, such activities will be conducted engages in a variety of futures maintains that providing the proposed throughout the United States. commission merchant and foreign futures commission merchant services The application is available for exchange-related activities. See Societe to certain noninstitutional customers is immediate inspection at the Federal Generale, 80 Federal Reserve Bulletin so closely related to banking as to be a Reserve Bank indicated. Once the 649 (1994) (Societe Generale I) and proper incident thereto. application has been accepted for Societe Generale, 80 Federal Reserve Notificant also has stated that upon processing, it will also be available for Bulletin 646 (1994) (Societe Generale II). acquisition of Brody White, Company inspection at the offices of the Board of Upon acquisition of Brody White, would purchase and sell, on the order Governors. Interested persons may Company would expand its activities to of investors as riskless principal, foreign express their views in writing on the include becoming a clearing member of exchange in the spot, forward and over- question whether consummation of the the New York Cotton Exchange, the-counter option markets. Notificant proposal can ‘‘reasonably be expected to Commodity Exchange, Inc., Financial maintains that the Board previously has produce benefits to the public, such as Exchange, New York Futures Exchange determined that purchasing and selling greater convenience, increased and the Coffee, Sugar & Cocoa foreign exchange as riskless principal is competition, or gains in efficiency, that Exchange; purchasing and selling closely related to banking. See Banca outweigh possible adverse effects, such through omnibus accounts futures and Commerciale Italiana, 76 Federal as undue concentration of resources, options on futures on the London Reserve Bulletin 649 (1990) (BCI). decreased or unfair competition, Commodity Exchange and Winnipeg Notificant has stated that Company conflicts of interests, or unsound Commodity Exchange; and acting as would provide the proposed riskless banking practices.’’ Any request for a riskless principal in connection with principal services in accordance with hearing on this question must be spot, forward and over-the-counter the limitations, commitments and accompanied by a statement of the option transactions in the foreign conditions relied on by the Board in reasons a written presentation would exchange market. BCI. Notificant also has stated that not suffice in lieu of a hearing, Company would continue to comply Notificant has stated that upon identifying specifically any questions of with commitments made to the Board in acquisition of Brody White, Company fact that are in dispute, summarizing the Societe Generale II that relate to would continue to provide futures evidence that would be presented at a providing foreign exchange execution commission merchant execution, hearing, and indicating how the party and advisory services on a combined clearance and advisory services subject commenting would be aggrieved by basis. approval of the proposal. to the same limitations, conditions and In order to approve the proposal, the Comments regarding the application commitments relied on by the Board in Board must determine that the proposed must be received at the Reserve Bank Societe Generale I, with one exception. activities to be conducted by Company indicated or the offices of the Board of In particular, Notificant proposes that ‘‘can reasonably be expected to produce Governors not later than June 13, 1995. Company provide execution, clearance benefits to the public, such as greater A. Federal Reserve Bank of Dallas and advisory services to commercial convenience, increased competition, or (Genie D. Short, Vice President) 2200 hedger customers with net worths of gains in efficiency, that outweigh North Pearl Street, Dallas, Texas 75201- less than $1 million. The Board possible adverse effects, such as undue 2272: previously has relied on commitments concentration of resources, decreased or 1. The Berens Corporation, Houston, that clearing-only services and futures unfair competition, conflicts of Texas; To engage de novo through its commission merchant services provided interests, or unsound banking subsidiary, Berens Credit Corporation, with respect to futures and options on practices.’’ 12 U.S.C. 1843(c)(8). Houston, Texas, in making and futures on nonfinancial commodities Notificant maintains that the proposal arranging loans and other extensions of would be provided solely to would not produce any adverse effects. credit, pursuant to § 225.25(b)(1); and institutional customers, as defined in § Notificant also maintains that the leasing activities, pursuant to § 225.2(g) of Regulation Y. Notificant has proposal would lead to increased 225.25(b)(5) of the Board’s Regulation Y. represented that these customers would competition in the relevant markets, not be unsophisticated retail investors. Board of Governors of the Federal Reserve better customer service, lower costs and System, May 24, 1995. Notificant also has stated that in order greater efficiency. Jennifer J. Johnson, to address suitability and credit risk Any comments or requests for hearing issues, as well as any other possible Deputy Secretary of the Board. should be submitted in writing and adverse effects, noninstitutional received by William W. Wiles, [FR Doc. 95–13211 Filed 5–30–95; 8:45 am] customers would have to represent in Secretary, Board of Governors of the BILLING CODE 6210±01±F writing that they are engaged in bona Federal Reserve System, Washington, fide hedging transactions for purposes D.C. 20551, not later than June 30, 1995. Societe Generale; Notice To Engage in of CFTC regulation 1.3(z) (17 CFR Any request for a hearing on this notice Nonbanking Activities 1.3(z)), and Company would have a must, as required by § 262.3(e) of the system in place to detect any Board’s Rules of Procedure (12 CFR Societe Generale, Paris, France unauthorized trading by these 262.3(e)), be accompanied by a (Notificant), has provided notice customers in commodities other than statement of the reasons why a written pursuant to section 4(c)(8) of the Bank those as to which hedge margin status presentation would not suffice in lieu of Holding Company Act (12 U.S.C. has been granted. In addition, there a hearing, identifying specifically any 1843(c)(8)) (BHC Act) and § 225.23(a)(3) would be an initial credit review questions of fact that are in dispute, of the Board’s Regulation Y (12 CFR process to determine whether a summarizing the evidence that would 225.23(a)(3)), to acquire through its customer’s proposed hedging activities be presented at a hearing, and indicating subsidiary, FIMAT Futures USA, Inc., are appropriate in light of the how the party commenting would be Chicago, Illinois (Company), customer’s net worth and business aggrieved by approval of the proposal. substantially all of the assets of Brody, activities, as well as periodic reviews on This notice may be inspected at the White & Company, Inc., New York, New actual trading activities in the account. offices of the Board of Governors or the York (Brody White). Company currently Based on these facts, Notificant Federal Reserve Bank of New York. Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices 28413 Board of Governors of the Federal Reserve Dated: May 24, 1995. Paul M. Kuznesof, Center for Food System, May 24, 1995. Carolyn J. Russell, Safety and Applied Nutrition (HFS– Jennifer J. Johnson, Director, Management Analysis and Services 247), Food and Drug Deputy Secretary of the Board. Office, Centers for Disease Control and Administration, 200 C Street, SW., [FR Doc. 95–13212 Filed 5–30–95; 8:45 am] Prevention (CDC). Washington, DC 20204, 202–418– BILLING CODE 6210±01±F [FR Doc. 95–13209 Filed 5–30–95; 8:45 am] 3009. BILLING CODE 4163±18±M SUPPLEMENTARY INFORMATION: By contract with NAS/IOM, FDA supports Food and Drug Administration the preparation of the Food Chemicals DEPARTMENT OF HEALTH AND Codex, which is a compendium of HUMAN SERVICES [Docket No. 95N±0097] specifications for substances used as food ingredients. Before any Centers for Disease Control and New Monographs and Revisions of specifications are included in a Food Prevention Certain Food Chemicals Codex Chemicals Codex publication, public Monographs; Opportunity for Public announcement is made in the Federal Advisory Committee on Immunization Comment Practices; Meeting Register. AGENCY: Food and Drug Administration, FDA previously announced that the In accordance with section 10(a)(2) of HHS. committee was considering new the Federal Advisory Committee Act ACTION: Notice. monographs and monograph revisions (Pub. L. 92–463), the Centers for Disease for inclusion in the fourth edition of the Control and Prevention (CDC) SUMMARY: The Food and Drug Food Chemicals Codex, which NAS/ announces the following committee Administration (FDA) is announcing an IOM is now preparing. In addition, FDA meeting: opportunity for public comment on has given notice and an opportunity for Name: Advisory Committee on pending changes to certain Food public comment on the policies adopted Immunization Practices (ACIP). Chemicals Codex specifications by the committee for the fourth edition Times and Dates: 8:30 a.m.–6 p.m., June monographs from the third edition and on lead and heavy metals specifications 28, 1995; 8:15 a.m.–3:30 p.m., June 29, 1995. its four supplements. One new (58 FR 38129, July 15, 1993), and on Place: CDC, Auditorium A, Building 2, monograph and additions, revisions, arsenic specifications (59 FR 11789, 1600 Clifton Road, NE, Atlanta, Georgia and corrections to current monographs March 14, 1994). 30333. for certain substances used as food Status: Open to the public, limited only by The committee will continue to ingredients are being prepared by the provide the opportunity for public the space available. National Academy of Sciences/Institute Purpose: The committee is charged with comment on intended changes in advising the Director, CDC, on the of Medicine (NAS/IOM) Committee on monographs by means of Federal appropriate uses of immunizing agents. Food Chemicals Codex (the committee). Register notices before their inclusion Matters to be discussed: The committee This material will be published in the in supplements to the fourth edition. will discuss the polio vaccine policy; the fourth edition of the Food Chemicals Interested parties should submit all approach to developing ACIP vaccine Codex, which is scheduled for release in suggestions with supporting recommendations; hepatitis A vaccine—use March 1996. When the committee documentation to the National Academy in high endemic populations; varicella completes its review of the comments, of Sciences at the above address. update; ‘‘Vaccines for Children Program’’: it will incorporate any changes that it Hepatitis A, hepatitis B, varicella; adolescent makes in response to comments in FDA now gives notice that the immunization visit; measles elimination committee is soliciting comments and update; vaccine safety update: preference of monographs published in supplements to the fourth edition. information on certain proposed new DTaP for 4th and 5th doses; ACIP monographs and revisions to certain participation in the National Vaccine DATES: Written comments by August 14, additional current monographs. These Advisory Committee and the Advisory 1995. Commission on Childhood Vaccines new monographs and revisions will be ADDRESSES: Submit written comments Subcommittee on Vaccine Safety; measles published in the fourth edition of the vaccine inflammatory bowel disease; large- and supporting data and documentation Food Chemicals Codex. The proposed linked database (LLDB) results; acellular to the NAS/IOM Committee on Food new monographs and revisions to pertussis vaccine trial results; programmatic Chemicals Codex, National Academy of current monographs may be seen at the strategies to increase immunization coverage; Sciences, 2101 Constitution Ave., NW., Dockets Management Branch (address pneumococcal conjugate vaccine; Washington, DC 20418. Copies of the above) between 9 a.m. and 4 p.m., harmonization of immunization new monographs and proposed Monday through Friday. Because the recommendations; update on progress revisions to current monographs may be publication timeframe for the fourth towards disease elimination goals; ACIP obtained from NAS (address above) or edition, comments on monographs that recommendations and package inserts; the Dockets Management Branch (HFA– diphtheria and the New Independent States are the subject of this notice cannot be update: the U.S. contingency plan; electronic 305), Food and Drug Administration, considered for incorporation in the updating of ACIP recommendations; an rm. 1–23, 12420 Parklawn Dr., fourth edition, which is scheduled for Injury Compensation Program update; and a Rockville, MD 20857. Requests for release in March 1996, but will be National Vaccine Program update. Other copies should specify the monographs considered for incorporation in matters of relevance among the committee’s desired. supplements to the fourth edition. objectives may be discussed. FOR FURTHER INFORMATION CONTACT: Copies of the new monographs and Agenda items are subject to change as Fatima N. Johnson, Committee on proposed revisions to current priorities dictate. Contact person for more information: Food Chemicals Codex, Food and monographs may be obtained from NAS Gloria A. Kovach, Committee Management Nutrition Board, National Academy or the Dockets Management Branch. Specialist, CDC (1–B72), 1600 Clifton Road, of Sciences, 2101 Constitution Ave., Requests for copies should be identified NE, Mailstop A20, Atlanta, Georgia 30333, NW., Washington, DC 20418, 202– with the docket number found in telephone 404/639–3851. 334–2580; or brackets in the heading of this 28414 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices document and should specify the Disodium EDTA (Identification, Assay, Potassium Hydroxide (Assay, Heavy monographs desired. Calcium, Nitrilotriacetic Acid) Metals, Mercury) FDA emphasizes, however, that it will Erythorbic Acid (Assay, Heavy Metals, Potassium Sorbate (Lead) not consider adopting and incorporating Lead, Loss on Drying) Potassium Sulfate (Description, Assay) any of the committee’s new monographs Ethyl Cellulose (Heavy Metals, Lead) Propylene Glycol Alginate (Ash, or monograph revisions into FDA Food Starch, Modified (Numerous Esterified Carboxyl Groups, Heavy regulations without ample opportunity Changes) Metals, Lead, Neutralized Carboxyl for public comment. If FDA decides to Fumaric Acid (Identification, Assay, Groups) propose the adoption of new Heavy Metals, Maleic Acid) Rice Bran Wax (Heavy Metals) monographs and changes that have Hydrochloric Acid (Numerous Changes) Silicon Dioxide (Heavy Metals, Lead, received final approval of the Hydroxypropyl Cellulose (Heavy Loss on Drying) committee, it will announce its Metals, Lead) Sodium Carboxymethylcellulose (Heavy intention, and provide an opportunity Iron, Carbonyl (Arsenic, Lead) Metals, Lead) for public comment in the Federal Iron, Electrolytic (Arsenic, Lead) Sodium Hydroxide (Assay, Heavy Register. Iron, Reduced (Arsenic, Lead, Acid- Metals) The committee invites comments and Insoluble Substances) Sodium Hydroxide Solution (Labeling, suggestions on specifications by all Isobutylene-Isoprene Copolymer Heavy Metals) interested parties on the proposed new (Identification, Heavy Metals, Total Sodium Metabisulfite (Assay, Heavy monographs and revisions of current Unsaturation) Metals, Lead) monographs that follow: Lactic Acid (Labeling, Chloride, Sulfate) Sodium Potassium Tartrate (Assay) Magnesium Carbonate (Heavy Metals, Titanium Dioxide (Identification, Assay, I. Proposed New Monograph Acid-Insoluble Substances, Calcium Lead, Water-Soluble Substances) Food Starch, Unmodified Oxide) Vitamin A (Assay) Magnesium Hydroxide (Assay, Calcium Interested persons may, on or before II. Current Monographs to which the Oxide, Heavy Metals, Oxide, Loss on August 14, 1995, submit to NAS written Committee Proposes to Make Revisions Ignition) comments regarding the monographs Aluminum Potassium Sulfate (Assay, Magnesium Oxide (Assay, Acid- listed in this notice. Those wishing to Heavy Metals, Lead) Insoluble Substances, Calcium Oxide, make comments are encouraged to Aluminum Sulfate (Heavy Metals) Heavy Metals, Loss on Ignition) submit supporting data and Ammonium Carbonate (Heavy Metals, Malic Acid (Identification, Assay, documentation with their comments. Sulfur Compounds) Fumaric and Maleic Acids, Heavy Two copies of any comments are to be Azodicarbonamide (Assay, Heavy Metals, Lead, Residue on Ignition, submitted. Comments and supporting Metals) Specific Rotation) data or documentation are to be Beeswax, White (Heavy Metals) Maltodextrin (Labeling, Assay, Protein, identified with the docket number Beeswax, Yellow (Heavy Metals) Sulfur Dioxide, Total Solids) found in brackets in the heading of this Caffeine (Description, Identification, Methyl Ethyl Cellulose (Heavy Metals, document and should include a Assay, Heavy Metals, Lead, Water) Lead) statement that the comment is in Calcium Acetate (Assay, Heavy Metals, Nisin Preparation (Lead) response to this Federal Register notice. Lead) Nitrous Oxide (Identification) NAS will forward a copy of each Calcium Bromate (Assay, Heavy Metals) Phosphoric Acid (Labeling, Heavy comment to the Dockets Management Calcium Chloride (Description, Metals) Branch (address above). Received Labeling, Assay, Acid-Insoluble Poloxamer 331 (1,4-Dioxane; Ethylene comments may be seen in the Dockets Matter, Oxide, Propylene Oxide, and 1,4- Management Branch between 9 a.m. and Magnesium and Alkali Salts) Dioxane) 4 p.m., Monday through Friday. Calcium Citrate (Assay, Loss on Drying) Poloxamer 407 (1,4-Dioxane; Ethylene Dated: May 18, 1995. Calcium Hydroxide (Assay, Acid- Oxide, Propylene Oxide, and 1,4- Insoluble Substances, Heavy Metals, Dioxane) Fred R. Shank, Magnesium and Alkali Salts) Polydextrose (Description, Lead, Director, Center for Food Safety and Applied Calcium Oxide (Assay, Acid-Insoluble Monomers, Molecular Weight Limit, Nutrition. Substances, Alkalies or Magnesium, Residue on Ignition) [FR Doc. 95–13204 Filed 5–30–95; 8:45 am] Heavy Metals, Lead, Loss on Ignition) Polydextrose Solution (Monomers) BILLING CODE 4160±01±F Calcium Propionate (Identification, Polyethylene (Identification, Heavy Assay) Metals) Calcium Saccharin (Assay) Polyethylene Glycols (1,4-Dioxane, Health Care Financing Administration Calcium Sorbate (Lead) Ethylene Glycol and Diethylene Statement of Organization, Functions, Candelilla Wax (Identification, Heavy Glycol, and Delegations of Authority Metals) Ethylene Oxide, Heavy Metals) Carrageenan (Delete monograph from Polysorbate 20 (1,4-Dioxane) Office of the Associate Administrator the Food Chemicals Codex) Polysorbate 60 (1,4-Dioxane, Stearic and for External Affairs Castor Oil (Saponification Value, Palmitic Acids) Specific Gravity) Polysorbate 65 (1,4-Dioxane) Part F of the Statement of Cellulose Gel (formerly Microcrystalline Polysorbate 80 (1,4-Dioxane) Organization, Functions, and Cellulose, Description, Identification, Polyvinyl Acetate (Loss on Drying, Delegations of Authority for the Loss on Drying, pH, Water-Soluble Heavy Metals, Volatiles) Department of Health and Human Substances) Polyvinylpolypyrrolidone (Extractable Services, Health Care Financing Chlorine (Assay, Heavy Metals, Substances, Soluble Substances, Administration (HCFA), (Federal Moisture and Residue) Unsaturation, Water) Register, Vol. 59, No. 60, pp. 14637– Dextrin (Heavy Metals, Lead, pH of Potassium Bromate (Chloride, Heavy 14638, dated Tuesday, March 29, 1994) Dispersions) Metals, Loss on Drying, Sulfate) is amended to reflect changes in the Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices 28415 organizational structure of the Office of partners on HCFA policies, programs, representing the health professional, the Associate Administrator for and services. Advises and participates business, and academic communities. Customer Relations and in the production of customer-oriented • Contributes to the development of Communications (AACRC). AACRC is print and multi-media materials. HCFA policies, regulations, procedures, being renamed the Office of the • Manages the interaction of the and legislative proposals taking into Associate Administrator for External Administrator, senior staff, and consideration the views of the affected Affairs (AAEA) and is being reorganized components with the Department, other parties. to more accurately reflect the customer government entities, the media, and • Promotes within HCFA an relations and communication areas. external parties interested in HCFA’s awareness of the concerns of the health The specific amendments to Part F are public affairs’ programs and activities care community. as follows: (including interviews, public • Provides technical assistance and • Section F.10. (Organization) is appearances, and speeches). support services in the operations of the amended by deleting F.10.B. in its • Directs and advises the Practicing Physicians Advisory Council. • entirety and replacing it with the Administrator, senior staff, and Services as a contact in HCFA for following: components on the requirements, international visitors. Responds to policies, and administration of the requests from intergovernmental B. Office of the Associate Administrator agencies and the international for External Affairs (FC) Freedom of Information Act and Privacy Act. community for information related to 1. Office of Media Relations (FCA) the United States health care system. 2. Office of Professional Relations (FCB) 1. Office of Media Relations (FCA) • Maintains a close working 3. Office of Beneficiary Relations (FCC) • Serves as the principal relationship with other Federal agencies 4. Freedom of Information and Privacy on health related matters. spokesperson for HCFA to the news • Office (FCE) media. Manages speaker and meeting • Section F.20.B. (Functions) is • Prepares and edits appropriate requests for the Administrator. Receives amended by deleting the statement and materials about HCFA, its policies, and develops requests, identifies issues, substructure in their entirety and actions and findings, and provides them and negotiates topics. Makes replacing them with the new functional to the public through the print and recommendations to the Administrator statements. The new functional broadcast media; develops and directs to accept or decline requests. Initiates statements read as follows: public information and media relations’ search for Senior level speakers, when B. Office of the Associate Administrator strategies for HCFA. invitations are declined. Explores feasibility of meeting with senior staff, for External Affairs (FC) • Provides consultation, advice and when meeting requests are declined. training to HCFA senior staff with • Advises the Administrator, senior • Manages the Speakers Bureau. respect to relations with the news staff, and components on HCFA Responds to requests from outside communications and customer media. • organizations for senior level HCFA relations’ policies, procedures, and Responds to inquires from a broad speakers (other than the Administrator). programs. variety of news media including major • Seeks speaker opportunities for the • Promotes an awareness of customer newspapers, national television and Administrator to present HCFA goals and partner perceptions of HCFA radio networks, national news and objectives. policies and programs and participates magazines, local newspapers and radio • Manages the Administrator’s public in ensuring that HCFA activities meet and television stations, publications appearances, and meetings. Serves as customer needs and standards of directed toward HCFA’s beneficiary liaison between HCFA and the service. populations and newsletters serving the leadership of professional and • Promotes an awareness within and health care industry. beneficiary organizations in • outside of HCFA determining the scope Arranges formal interviews for coordinating the preparations and diversity of HCFA’s customer base journalists with the HCFA surrounding public appearances and and their needs. Administrator or other appropriate meetings. • Develops and maintains channels of senior HCFA staff; identifies for • Conducts follow-up activities. After communication and mechanisms for interviewees the issues to be addressed, each event a follow up call is made to feedback between HCFA and its and prepares or obtains background the group to see if their issues were customers and partners. Develops, materials as needed. addressed. A call is also made to the coordinates, and advises the • Maintains a broad based knowledge Administrator’s office to get the Administrator, senior staff, and of HCFA’s structure, responsibilities, Administrator’s comments on the components on outreach, customer mission, goals, programs and initiatives effectiveness of the event. service, and survey strategies, policies, in order to provide or arrange for rapid • Develops briefing material for use and procedures. and accurate response to news media by the Administrator, the Deputy, the • Directs and coordinates a coherent needs. Associate, and the Secretary, including communications strategy with HCFA • For significant HCFA initiatives, identifying and researching issues of leadership and components and ensures issues media advisories and arranges concern to both HCFA and outside an effective implementation of this press conferences as appropriate; organizations. strategy. Directs communication of coordinates material and personnel as • Researches and writes the speeches HCFA policies and initiatives to the necessary. given by the Administrator. media, advocacy groups, and provider, • Researches and prepares articles 2. Office of Professional Relations (FCB) professional, and educational and other public statements for the organizations and institutions. • Serves as the focal point in HCFA Administrator’s signature. • Designs, conducts, and advises the for external health care professional, • Advises the Office of Media Administrator, senior staff, and institutional, and related organizations. Relations on potential news components on information campaigns • Provides consultation and technical opportunities stemming from public and initiatives to educate customers and assistance to organizations and agencies appearances and speaking engagements. 28416 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices 3. Office of Beneficiary Relations (FCC) 4. Freedom of Information and Privacy reviews FOIA office production reports • Office (FCE) and administrative responsibilities. Advises the Associate • Administrator, HCFA senior staff and • Conducts activities necessary to the Plans, directs, and coordinates HCFA components on HCFA’s policies receipt, management, response, and studies to ascertain trends and and actions affecting Medicare and reporting requirements of the developments in disclosures of Medicaid beneficiaries. Department under the Freedom of information requested under the • Promotes within HCFA an Information Act (FOIA) regarding all Freedom of Information Act. Develops awareness of the needs and concerns of requests received by HCFA. these findings into various alternatives HCFA’s beneficiaries (including those • Maintains a log of all FOIA requests and recommendations for the more segments of the beneficiary population received by the central office, refers effective handling of FOI requests and with special information or service requests to the appropriate components presents them to management prior to needs), their families, caregivers and within headquarters, the regions or implementation. Provides input to the representatives. among carriers and intermediaries for Department on any proposed changes to • FOI procedures. Maintains a close working the collection of the documents • relationship with other Federal and requested. Makes recommendations and Defines the scope of requests and State agencies, and beneficiary prepares replies to requesters, including adequacy of records available. representative organizations. denials of information as permitted Dated: May 19, 1995. • Identifies the need for changes in under FOIA, and drafts briefing Donna E. Shalala, information, benefits and services, and materials and responses in connection Secretary. assesses the impact of proposed HCFA with appeals of denials decisions. [FR Doc. 95–13182 Filed 5–30–95; 8:45am] actions on current and future • Consults with the Office of the BILLING CODE 4120±01±M beneficiaries. General Counsel and the Department of • Conducts and coordinates within Health and Human Services’ Freedom of HCFA the assessment of beneficiary Information Officer and external National Institutes of Health needs, the measurement of beneficiary agencies regarding denials, releases, and satisfaction with HCFA programs, appeals. National Cancer Institute; Notice of policies and operations, and the • Provides in house training, internal Meetings development of customer service and external work plans, and guidance standards; serves as a resource with for FOIA coordinators and management Pursuant to Pub. L. 92–463, notice is respect to these activities and the officials in HCFA central and regional hereby given of the meetings of the information collected through them. office components, and maintains up-to- National Cancer Institute for June 1995. • Participates with other HCFA date knowledge of Federal Court These meetings will be open to the components in the development and decisions interpreting FOIA. public to discuss administrative details implementation of strategies and • Prepares guidelines and Medicare/ or other issues relating to committee program objectives affecting beneficiary Medicaid manual changes regarding activities as indicated in the notice and services. FOIA program, keeps track of any for the review of concepts being • Responds to beneficiary inquiries changes levied for FOIA research considered for funding. Attendance by involving access to and utilization of the process activities, and assures prompt the public will be limited to space Medicare and Medicaid programs and payment. available. related issues. • Establishes and monitors HCFA’s These meetings will be closed to the • Plans, directs, and coordinates the policies and guidelines for the public as indicated below in accordance production of audio and film products implementation of Privacy Act with the provisions set forth in secs. such as public service announcements safeguards of records. This is 552b(c)(4) and 552b(c)(6), Title 5, U.S.C. and informational films, and the accomplished by utilizing the and sec. 10(d) of Pub. L. 92–463, for the preparation and publication of general administrative issuances system (AIS) review, discussion and evaluation of purpose publications such as The guides and training. individual grant applications, previous Medicare Handbook, The Guide to • Directs the maintaining and site visit reports, and for the critique Nursing Homes, etc. amending of HCFA-wide records for and evaluation of extramural/intramural • Reviews and clears print, confidentially and disclosure to the programmatic and personnel policies, audiovisual, and exhibit plans and Privacy Act to include: planning, including consideration of personnel materials intended for use with organizing, initiating and controlling qualifications and performance and the beneficiary populations, and secures privacy matching assignments. competence of individual investigators. such clearances as needed through the • Develops HCFA comments and These applications, reports and the Office of the Assistant Secretary for recommendations for reports, proposed discussions could reveal confidential Public Affairs. policy and proposed legislation; trade secrets or commercial property • Administers a wide variety of coordinates appropriate privacy issues such as patentable material, and contracts, grant programs and for FOIA requests; and responds to personal information concerning interagency agreements, within HCFA, congressional, public and other agencies individuals associated with the to assist in the conduct of its beneficiary on Privacy Act issues. applications, programs, and projects, the service responsibilities. • Publishes notices describing disclosure of which would constitute a • Works in cooperation with the Privacy Act records systems and clearly unwarranted invasion of Office of Media Relations to determine provides advice and guidance to HCFA personal privacy. and meet the information needs of the components on issues as required by the Ms. Carole Frank, the Committee public with respect to issues of concern Privacy Act. Management Officer, National Cancer to beneficiaries and their • Follows necessary clearance Institute, Executive Plaza North, Room representatives. procedures for proposals, and new 630E, 6130 Executive Blvd MSC 7405, • Coordinates other HCFA activities system integrations. Bethesda, Maryland 20892–7405, (301– directly related to beneficiary services • Maintains case records and the 496–5708) will provide a summary of as they arise. FOIA filing system, monitors and the meetings and the roster of Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices 28417 committee members, upon request. is hereby given of the following Heart, Dated: May 24, 1995. Other information pertaining to the Lung, and Blood Special Emphasis Susan K. Feldman, meetings may be obtained from the Panel (SEP) meetings: Committee Management Officer, NIH. contact person indicated below. Name of SEP: RFA for Specialized Centers [FR Doc. 95–13274 Filed 5–30–95; 8:45 am] Individuals who plan to attend and of Research on Hematopoietic Stem Cell BILLING CODE 4140±01±M need special assistance, such as sign Biology. language interpretation or other Date: June 13–15, 1995 reasonable accommodations, should Time: 8:00 p.m. National Institute of Mental Health; notify the contact person listed for that Place: Holiday Inn, Chevy Chase, Maryland Notice of Meeting particular meeting. Contact Person: Eric H. Brown, Ph.D., 6701 Rockledge Drive, Room 7204, Bethesda, Pursuant to Pub. L. 92–463, notice is Committee Name: Cancer Research hereby given to the meeting of the Manpower and Education Review Committee Maryland 20892–7924, (301) 435–0299. (Subcommittee A). Purpose/Agenda: To review and evaluate Extramural Science Advisory Board of Contact Person: Dr. Mary Bell, Scientific grant applications. the National Institute of Mental Health Review Administrator, National Cancer Name of SEP: Demonstration and (NIMH) for July 1995. Institute, NIH, Executive Plaza North, Rm. Education Research Grants. The entire meeting will be open to the 611A, 6130 Executive Blvd., Rockville, MD Date: July 18–19, 1995. public for discussion of the NIMH grant 20892–7094, Telephone: (301) 496–7978. Time: 9:00 a.m. portfolio. Attendance by the Public will Date of Meeting: June 11–13, 1995. Place: Stouffer Concourse Hotel, Arlington, be limited to space available. If Place of Meeting: The Holiday Inn, 5520 Virginia. individuals who plan to attend need Wisconsin Avenue, Chevy Chase, MD 2081. special assistance, such as sign language Closed: June 11, 1995, 7:30 pm to recess, Contact Person: Louise Corman, Ph.D., June 12, 1995, 8 am to recess, June 13, 1995, 6701 Rockledge Drive, Room 7180, Bethesda, interpretation or other reasonable 8 am to adjournment. Maryland 20892–7924, (301) 435–0270. accommodations, or need other Agenda: Review, discussion, and Purpose/Agenda: To review and evaluate information pertaining to the meeting, evaluation of individual grant applications. grant applications. notify the contact person named below Committee Name: Board of Scientific These meetings will be closed in in advance of the meeting. accordance with the provisions set forth in Counselors, Division of Cancer Treatment. Name of Committee: Extramural Science Contact Person: Dr. Robert Wittes, Acting sec. 552b(c)(4) and 552b(c)(6), Title 5, U.S.C. Advisory Board, NIMH. Executive Secretary National Cancer Applications and/or proposals and the Date: July 24, 1995; 8:30 a.m.—Recess. July Institute, NIH, Building 31A, Room 3A44, discussions could reveal confidential trade 25, 1995; 8:30 a.m.—Adjournment. 9000 Rockville Pike, Bethesda, MD 20892, secrets or commercial property such as Place: Conference Room 6, Building 31, Telephone: (301) 496–4291. patentable material and personal information National Institutes of Health, 9000 Rockville Date of Meeting: June 19, 1995. concerning individuals associated with the Pike, Bethesda, MD 20892. Place of Meeting: Building 31C, Conference applications and/or proposals, the disclosure Contact Person: Andrea Baruchin, Ph.D., Room 10, National Institutes of Health, 9000 of which would constitute a clearly Executive Secretary, Parklawn Building, Rockville Pike, Bethesda, MD 20892. unwarranted invasion of personal privacy. Room 17C–26, 5600 Fishers Lane, Rockville, Open: 8 am to approximately 1 pm. This notice is being published less than MD 20857, Telephone: 301, 443–4335. Agenda: Review program plans, concepts fifteen days prior to the meeting due to the Purpose/Agenda: To discuss the Institute’s of contract recompetiions and budget for the urgent need to meet timing limitations portfolio. DCT program. imposed by the grant review cycle. (Catalog of Federal Domestic Assistance Closed: 1 pm to adjournment. Program Numbers 93.126, Small Business Agenda: Review, discussion and (Catalog of Federal Domestic Assistance Innovation Research; 93.176, ADAMHA evaluation of individual extramural/ Programs Nos. 93.837, Heart and Vascular Small Instrumentation Program Grants; intramural programmatic and personnel Diseases Research; 93.838, Lung Diseases 93.242, Mental Health Research Grants; policies including consideration of personnel Research; and 93.839, Blood Diseases and 93.281, Mental Research Scientist qualifications and the performance and Resources Research, National Institutes of Development Award and Research Scientist competence of individual investigators. Health.) Development Award for Clinicians; 93.282, This notice is being published less than Dated: May 24, 1995. Mental Health Research Service Awards for fifteen days prior to the meeting due to the Research Training; and 93.921, ADAMHA urgent need to meet timing limitations Susan K. Feldman, Science Education Partnership Award.) imposed by the review cycle. Committee Management Officer, NIH. Dated: May 24, 1995. (Catalog of Federal Domestic Assistance [FR Doc. 95–13273 Filed 5–30–95; 8:45 am] Susan K. Feldman, Program Numbers: 93.393, Cancer Cause and BILLING CODE 4140±01±M Prevention Research; 93.394, Cancer Committee Management Officer, NIH. Detection and Diagnosis Research; 93.395, [FR Doc. 95–13275 Filed 5–30–95; 8:45 am] Cancer Treatment Research; 93.396, Cancer National Institute of Mental Health; BILLING CODE 4140±01±M Biology Research; 93.397, Cancer Centers Amended Notice of Meeting Support; 93.398, Cancer Research Manpower; 93.399, Cancer Control.) Notice is hereby given of a change in National Institute of Mental Health; Dated: May 24, 1995. the meeting of the National Institute of Notice of Closed Meeting Susan K. Feldman, Mental Health Initial Review Group, Committee Management Officer, NIH. Pursuant to Section 10(d) of the Psychobiology, Behavior, and Federal Advisory Committee Act, as [FR Doc. 95–13272 Filed 5–30–95; 8:45 am] Neuroscience Review Committee, which amended (5 U.S.C. Appendix 2), notice BILLING CODE 4140±01±M was published in the Federal Register is hereby given of the following meeting on April 17, 1995 (60 CFR 19268). of the National Institute of Mental National Heart, Lung, and Blood This committee was to have convened Health Special Emphasis Panel: at 9 a.m. on June 19 at the Ramada Inn Institute; Notice of Closed Meetings Agenda/Purpose: To review and evaluate Rockville in Rockville, Maryland. The grant applications. Pursuant to Section 10(d) of the location has been changed to the Committee Name: National Institute of Federal Advisory Committee Act, as Crowne Plaza Holiday Inn, 1750 Mental Health Special Emphasis Panel. amended (5 U.S.C. Appendix 2), notice Rockville Pike, Rockville, MD 20857. Date: July 18, 1995. 28418 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices Time: 1:30 p.m. applications and/or proposals, the disclosure Contact Person: Dr. Jane Hu, Scientific Place: Parklawn Building, Room 9C–101, of which would constitute a clearly Review Administrator, 6701 Rockledge Drive, 5600 Fishers Lane, Rockville, MD 20857. unwarranted invasion of personal privacy. Room 5168, Bethesda, MD 20892, (301) 435– Contact Person: Rehana A. Chowdhury, (Catalog of Federal Domestic Assistance 1245. Grant Technical Assistant, Parklawn Program Nos. 93.306, 93.333, 93.337, 93.393– Name of SEP: Multidisciplinary Sciences. Building, Room 9C–101, 5600 Fishes Lane, 93.396, 93.837–93.844, 93.846–93.878, Date: July 10–12, 1995. Rockville, MD 20857, Telephone: 301, 443– 93.829, 93.893, National Institutes of Health, Time: 8:00 a.m. 6470. HHS) Place: Holiday Inn, Gaithersburg, MD. The meeting will be closed in accordance Dated: May 24, 1995. Contact Person: Dr. Dharam Dhindsa, with the provisions set forth in secs. Scientific Review Admin., 6701 Rockledge Susan K. Feldman, 552b(c)(4) and 552b(c)(6), Title 5, U.S.C. Drive, Room 5206, Bethesda, MD 20892, Applications and/or proposals and the Committee Management Officer, NIH. (301) 435–1174. discussions could reveal confidential trade [FR Doc. 95–13277 Filed 5–30–95; 8:45 am] Name of SEP: Multidisciplinary Sciences. secrets or commercial property such as BILLING CODE 4140±01±M Date: July 12, 1995. patentable material and personal information Time: 8:00 a.m. concerning individuals associated with the Place: Embassy Suites, Washington, DC. applications and/or proposals, the disclosure Division of Research Grants; Notice of Contact Person: Dr. Eileen Bradley, of which would constitute a clearly Scientific Review Admin., 6701 Rockledge unwarranted invasion of personal privacy. Closed Meetings Drive, Room 5120, Bethesda, MD 20892, (Catalog of Federal Domestic Assistance Pursuant to Section 10(d) of the (301) 435–1179. Program Numbers 93.126, Small Business Federal Advisory Committee Act, as Name of SEP: Behavioral and Innovation Research; 93.176, ADAMHA amended (5 U.S.C. Appendix 2), notice Neurosciences. Small Instrumentation Program Grants; Date: July 14, 1995. 93.242, Mental Health Research Grants; is hereby given of the following Division Time: 9:00 a.m. 93.281, Mental Research Scientist of Research Grants Special Emphasis Place: Holiday Inn, Chevy Chase, MD. Development Award and Research Scientist Panel (SEP) meetings: Contact Person: Dr. Jane Hu, Scientific Development Award for Clinicians; 93.282, Purpose/Agenda: To review individual Review Administrator, 6701 Rockledge Drive, Mental Health Research Service Awards for grant applications Research Training; and 93.921, ADAMHA Room 5168, Bethesda, MD 20892, (301) 435– Name of SEP: Clinical Sciences. 1245. Science Education Partnership Award.) Date: June 28, 1995. Dated: May 24, 1995. Time: 9:00 a.m. Name of SEP: Multidisciplinary Sciences. Place: American Inn, Bethesda, MD. Date: July 19–21, 1995. Susan K. Feldman, Time: 8:15 a.m. Committee Management Officer, NIH. Contact Person: Dr. Joseph Kaiser, Scientific Review Admin., 6701 Rockledge Place: Crowne Plaza, Rockville, MD. [FR Doc. 95–13276 Filed 5–30–95; 8:45 am] Drive, Room 4132, Bethesda, MD. 20892, Contact Person: Dr. Nadarajen BILLING CODE 4140±01±M (301) 435–1211. Vydelingum, Scientific Review Admin., 6701 Rockledge Drive, Room 5210, Bethesda, MD Name of SEP: Clinical Sciences. 20892, (301) 435–1176. Date: June 28, 1995. Division of Research Grants; Notice of Time: 8:30 a.m. Name of SEP: Multidisciplinary Sciences. Closed Meetings Place: Natcher Conference Center, NIH, Date: July 23–24, 1995. Bethesda, MD. Time: 6:00 p.m. Pursuant to Section 10(d) of the Contact Person: Dr. Lawrence Pinkus, Place: Holiday Inn, Chevy Chase, MD. Federal Advisory Committee Act, as Scientific Review Admin., 6701 Rockledge Contact Person: Dr. Lee Rosen, Scientific amended (5 U.S.C. Appendix 2), notice Drive, Room 4140, Bethesda, MD 20892, Review Administrator, 6701 Rockledge Drive, is hereby given of the following Division (301) 435–1214. Room 5116, Bethesda, MD 20892, (301) 435– 1171. of Research Grants Special Emphasis Name of SEP: Multidisciplinary Sciences. Panel (SEP) meetings: Date: June 28, 1995. Name of SEP: Multidisciplinary Sciences. Time: 11:00 a.m. Date: July 30–31, 1995. Purpose/Agenda: To review individual Place: ANA Hotel, Washington, DC. Time: 6:00 p.m. grant applications Contact Person: Dr. Marjam Behar, Place: Holiday Inn, Chevy Chase, MD. Name of SEP: Chemistry and Related Scientific Review Admin., 6701 Rockledge Contact Person: Dr. Lee Rosen, Scientific Sciences. Drive, Room 5218, Bethesda, MD 20892, Review Administrator, 6701 Rockledge Drive, Date: June 22, 1995. (301) 435–1180. Room 5116, Bethesda, MD 20892, (301) 435– Time: 1:00 p.m. 1171. Place: NIH, Rockledge II, Room 5154, Name of SEP: Biological and Physiological Telephone Conference. Sciences. Purpose/Agenda: To review Small Contact Person: Dr. Alec Liacouras, Date: June 30, 1995. Business Innovation Research Program grant Scientific Review Admin., 6701 Rockledge Time: 8:00 a.m. applications. Drive, Room 5154, Bethesda, MD 20892, Place: Embassy Suites, Washington, DC. Name of SEP: Multidisciplinary Sciences. (301) 435–1740. Contact Person: Dr. Sandy Warren, Date: July 29–30, 1995. Scientific Review Administrator, 6701 Time: 8:00 a.m. Name of SEP: Clinical Sciences. Rockledge Drive, Room 5134, Bethesda, MD Place: ANA Hotel, Washington, DC. Date: June 28, 1995. 20892, (301) 435–1019. Contact Person: Dr. Marjam Behar, Time: 8:30 a.m. Scientific Review Administrator, 6701 Place: Holiday Inn, Chevy Chase, MD. Name of SEP: Clinical Sciences. Date: July 6, 1995. Rockledge Drive, Room 5218, Bethesda, MD Contact Person: Ms. Josephine Pelham, 20892, (301) 435–1180. Scientific Review Admin., 6701 Rockledge Time: 9:00 a.m. Drive, Room 4106, Bethesda, MD 20892, Place: Crowne Plaza, Rockville, MD. Name of SEP: Behavioral and (301) 435–1786. Contact Person: Dr. Mushtaq Khan, Neurosciences. The meetings will be closed in accordance Scientific Review Administrator, 6701 Date: July 10, 1995. with the provisions set forth in secs. Rockledge Drive, Room 4124, Bethesda, MD Time: 9:00 a.m. 552b(c)(4) and 552b(c)(6), Title 5, U.S.C. 20892, (301) 435–1778. Place: Holiday Inn, Chevy Chase, MD. Applications and/or proposals and the Name of SEP: Behavioral and Contact Person: Dr. Jane Hu, Scientific discussions could reveal confidential trade Neurosciences. Review Administrator, 6701 Rockledge Drive, secrets or commercial property such as Date: July 7, 1995. Room 5168, Bethesda, MD 20892, (301) 435– patentable material and personal information Time: 9:00 a.m. 1245. concerning individuals associated with the Place: Holiday Inn, Chevy Chase, MD. Name of SEP: Multidisciplinary Sciences. Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices 28419 Date: July 10–11, 1995. Office of the Secretary participation, multi-service usage, and Time: 8:00 a.m. caseload dynamics. The results from Place: Crowne Plaza, Rockville, MD. Office of the Assistant Secretary for many of these research initiatives have Contact Person: Dr. Nadarajen Planning and Evaluation; Linking State provided an extremely useful insight Vydelingum, Scientific Review Admin., 6701 Administrative Data into the characteristics of program Rockledge Drive, Room 5210, Bethesda, MD participants, the patterns of multi- 20892, (301) 435–1176. AGENCY: Office of the Assistant Secretary for Planning and Evaluation, service utilization, and the interactions Name of SEP: Multidisciplinary Sciences. HHS. between multiple programs that provide Date: July 10–11, 1995. assistance to low-income families. Time: 8:30 a.m. ACTION: Request for applications for Administrative data also offer more Place: Crowne Plaza, Rockville, MD. grants to support State efforts to link possibilities for in-depth analysis than Contact Person: Dr. Harish Chopra, case-level administrative data across do other forms of data, such as national Scientific Review Administrator, 6701 multiple low-income assistance panel data. Many national studies do Rockledge Drive, Room 5112, Bethesda, MD programs. not give reliable state-level estimates, 20892, (301) 435–1169. SUMMARY: Recent state efforts to link particularly in smaller states with Name of SEP: Multidisciplinary Sciences. longitudinal, administrative data across relatively few sampling points. As a Date: July 12–14, 1995. programs have proven extremely result, it is generally quite difficult to Time: 8:00 a.m. successful. Linked databases have estimate the state-level effects of Place: Crowne Plaza, Rockville, MD. provided a more thorough national anti-poverty programs. State Contact Person: Dr. Bill Bunnag, Scientific understanding of many aspects of both administrative data offer the Review Administrator, 6701 Rockledge Drive, program participation and the opportunity to study inter- and intra- Room 5212, Bethesda, MD 20892, (301) 435– state comparisons of government 1177. characteristics of individuals who receive benefits from multiple anti- programs, and to examine the extent to Name of SEP: Multidisciplinary Sciences. poverty programs. State-supported which variations in state anti-poverty Date: July 17–18, 1995. efforts have also provided valuable programs are successful in serving Time: 8:00 a.m. insight into both inter- and intra-state various client populations. Place: Ritz-Carlton, Tysons Corner, VA. Contact Person: Dr. Eileen Bradley, variations in program participation. Usefulness of Project Much of this information would not Scientific Review Admin., 6701 Rockledge The research that has been conducted have been accessible through national Drive, Room 5120, Bethesda, MD 20892, to date has illustrated the efficacy in panel data. (301) 435–1179. using linked administrative data for While the efforts of individual states Name of SEP: Behavioral and research and evaluation. In the vast have been extremely valuable, they have Neurosciences. majority of states, however, the use of been limited to relatively few states. Date: July 21, 1995. linked data still remains either Factors such as prohibitive cost, lack of Time: 8:30 a.m. untouched or far below what is necessary staff expertise, and Place: Hyatt Regency Hotel, Bethesda. technically possible. A study funded by insufficient time and computational Contact Person: Dr. Peggy McCardle, the Department surveyed fifteen states resources have precluded many Scientific Review Admin., 6701 Rockledge and determined that, for the majority of interested states from linking their Drive, Room 5198, Bethesda, MD 20892, the states surveyed, linked (301) 435–1258. administrative data. Total funding of up administrative data is a potentially rich Name of SEP: Multidisciplinary Sciences. to $200,000 is available to provide one source of information about programs Date: July 24, 1995. to two interested states with resources targeted toward low-income Time: 8:00 a.m. needed to successfully link populations. Place: Embassy Suites, Washington, DC. administrative data and use it for Despite the potential of state Contact Person: Dr. Eileen Bradley, program management, research and administrative data, the Department’s Scientific Review Admin., 6701 Rockledge scholarly analysis. It is not expected previous findings indicate that linked, Drive, Room 5120, Bethesda, MD 20892, that the funding available in this grant state-level program data still remains a (301) 435–1179. will be sufficient for any state to vastly under-utilized source of The meetings will be closed in accordance complete a project that links micro-level information. Many states have both the with the provisions set forth in secs. administrative data. Rather, this grant is interest and raw administrative data 552b(c)(4) and 552b(c)(6), Title 5, U.S.C. intended to assist those states which are necessary to produce longitudinally- Applications and/or proposals and the interested in linking their linked files at the case or client level. discussions could reveal confidential trade administrative data, but currently lack However, as the process of linking data secrets or commercial property such as the resources to successfully complete across programs and over time is an patentable material and personal information the project on their own. concerning individuals associated with the expensive, iterative process that applications and/or proposals, the disclosure Part I. Linking State Administrative requires significant time and expertise, of which would constitute a clearly Data many states lack the capacity to link their data. Some states lack the unwarranted invasion of personal privacy. A. Background: (Catalog of Federal Domestic Assistance computer hardware, software, disk In the last five years, several states Program Nos. 93.306, 93.333, 93.337, 93.393– space, and memory necessary to 93.396, 93.837–93.844, 93.846–93.878, have begun assembling administrative actually perform the process of linking 93.892, 93.893, National Institutes of Health, data from income-maintenance and data. Other states lack the expertise and HHS) other programs targeted toward low- staff-time to devote energy to a research income individuals and families for use Dated: May 24, 1995. project. Many states face both of these in policy research and program obstacles. Susan K. Feldman, evaluation. Most notably, administrative This grant will help the selected states Committee Management Officer, NIH. data that has been linked from a variety overcome the obstacles that hinder the [FR Doc. 95–13278 Filed 5–30–95; 8:45 am] of anti-poverty programs has been used process of linking administrative data. BILLING CODE 4140±01±M to study characteristics of program For example, states with limited data- 28420 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices linking experience and capacity could research and program evaluation, and Data for answering current questions are add the hardware and software needed should provide insight into a variety of most useful when they capture current to link and store data. States with more policy relevant concerns. Data-sets effects of such programs. Consistent experience (such as those which should support research into questions with their on-going commitment to data currently operate linked, research data concerning (but not limited to) multi- linking and analysis, applicants must bases) could use the funds to add program participation and usage, ensure that both recent historical data administrative data from additional interactions between various anti- and new case data will be added after anti-poverty programs. poverty programs, caseload dynamics, the Federal funding for this project recidivism, fraud and abuse, and the Part II. Awardee Responsibilities expires. demographic, economic and social Due to the substantial variation characteristics of multi-program Part III. Prerequisites, Content of among states in the level of experience participants. Application, Review Process, and and expertise in working with linked 4. In addition to preparing the data in Evaluation Criteria administrative data, we fully expect a a manner suitable for program A. Prerequisites wide range of proposals to be submitted. administration and scholarly research, Proposals from states which currently applicants must demonstrate an ability Who may apply? We will only accept have linked administrative databases to actually utilize the data analytically. applications from state agencies, large will obviously differ dramatically from Linked administrative data allow for a urban county agencies, or universities proposals submitted by states with great variety of analysis. For example, working with them. This announcement which have never worked with linked files linked longitudinally can be is aimed primarily at states that can link data. Given this, the specific studied with event-history and survivor statewide data bases. Applications will responsibilities of the awardees may analysis, methods which are used to also be considered from large urban vary. Each state will, however, be understand caseload dynamics and county governments that can clearly expected to follow the following determine how the sequence of service demonstrate the ability to link guidelines: events affects a client’s outcomes. administrative databases in a way that 1. Each applicant must develop the Additionally, since administrative data could provide data of national policy computer systems and technical typically have more complete and relevance. University-based research capacity necessary to produce detailed information than panel data, teams that are working with state longitudinal, linked administrative administrative data analysis can more agencies to develop linked data bases micro-level data. The focus of the data accurately assess the demographic and may apply but must provide assurances may be on cases, households, clients, social characteristics of multi-service from the state that they are intimately filing units, etc., or any combination users. Administrative data can also be involved in developing and utilizing the thereof. For those applicants which used to do detailed geographic analysis, data base for policy purposes. currently have linked data bases, it is which is helpful in studying whether What data bases? Applicants must expected that this grant will provide the there are significant variations in service clearly demonstrate the ability to link at resources necessary to significantly usage across different administrative least two micro (person, family, or case) enhance their current data systems. regions or across neighborhoods. files and at least be in the midst of 2. Each applicant must link It is necessary for applicants to detail analyzing data for policy research or administrative data from at least two exactly how their linked data can be evaluation purposes. Examples of files programs that primarily benefit low- used for scholarly analysis. States with that have been linked in other situations income individuals or families. The larger social service departments may are: AFDC, Medicaid, Child Welfare and states that currently operate linked, have researchers on staff who possess Foster care, Unemployment Insurance, administrative research databases began the skills necessary to fully explore the Child Support, Individual Income Tax, by focusing on data from the AFDC, data. Other states may wish to combine Vital Statistics, and Juvenile Courts. At Medicaid and Food Stamps computer their efforts with an academic or policy a minimum, linked data bases must systems, largely because these data research organization with expertise in allow for at least three years of operating systems for these programs data analysis. Both of these alternatives, longitudinal analysis. were fairly compatible due to the as well as others, would be acceptable. On-going commitment? The state interactions between the programs. It is not our intent to limit the analytical agency responsible for establishing the States in the early stages of data linking choices of applicants, but rather to linked data system must provide may choose to focus on these programs, ensure that the data sets created under evidence of an on-going commitment to but links between other programs are this grant are used to their full potential. developing the data base and using it to also strongly encouraged. Other 5. Applicants must obtain written understand poverty, program administrative data that states may agreements with all state or county utilization, caseload dynamics, program choose to link include: Child welfare social service departments that will effectiveness, and other important and foster care, child support supply the source data. The agreement aspects of administration of anti- enforcement, unemployment insurance, should clearly indicate the poverty, employment, and welfare vital statistics, disability, SSI and responsibilities of both the applicants programs. Applicants that do not income tax data. Linkages between these and the state or county agency, and the provide assurances that all three of programs are especially encouraged, as willingness of the parties to work these prerequisites will be fulfilled will they will likely provide fresh insight cooperatively. Applicants must also be unacceptable. into the interactions over time among include a plan which ensures that the these programs. resulting linked Data ensure client B. Applicant Content 3. Each applicant must develop the confidentiality. The application shall include the capacity and knowledge necessary to 6. Applicants must demonstrate an following elements: prepare and standardize data for ongoing commitment to the project. A program management and scholarly principal use of these data is to study 1. Abstract analysis. The data resulting from this current policy relevant questions about A one page abstract of the project and grant should be able to support policy programs for low-income populations. its objectives. Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices 28421 2. Goals and Justification for Project what information is not available, and level and federal contribution relate to This section will discuss why the the limitations this poses for policy- the successful completion of the project. agency wishes to undertake the project relevant analysis. The actual budget will be presented on If applicants are not currently linking and what the short and long-term goals the forms and in accordance with the any administrative data, then they of the project are. The applicant should requirements discussed in the section should assure reviewers that they have discuss the background of what it has entitled ‘‘Components of a Complete adequate access to at least three years of been doing to support linking Application.’’ recent historical administrative data. administrative data bases, the current Applicants should also convince 6. Commitment of State status of data base development, and reviewers that they have the expertise Applicants should use this section to what it expects to accomplish with this needed to complete the project, and also completely describe the resources the project. It should discuss what analysis have the commitment to continue state has already committed to the will be completed given completion of linking administrative data for research, project. If the state has not yet the project, the analytical report that analysis, and program management established support for the project, then will be produced, and what policy purposes. applicants should discuss any future relevance it will have. States should The treatment of confidentiality and involvement expected of the state. also present their plans, if any, to proper disclosure is a very important Resources contributed by the state could produce a public use dataset as a result issue related to linking data and include any financial assistance (and of this project. analyzing it. The applicants will discuss whether it is an outright cash grant or Linking two or more administrative how they will protect data from is targeted for a specific purchase such data bases for analytical purposes is a improper disclosure, and how they will as computing equipment), allocation of complicated and difficult endeavor. It facilitate analytical use of sensitive data. staff or computing time, technical often can take several iterations of This section will discuss the time table assistance, and any other relevant refinement to produce a data base that to accomplish this project. Who will do contribution. supports analysis of more than simple what, when, and how? It also will descriptive statistics about the caseload. C. Review Process and Evaluation discuss what will be the end product of Criteria This section should discuss where the this project. What sort of report will be agency is in the evolution of the linking produced? What policy relevance will it A technical panel of at least three and embedding policy analysis in the have to the state and to DHHS? people will review and score those administrative management of the applications which are submitted by the programs involved. It should contain a 4. Organization and Staffing deadline, and which meet the screening discussion of how the agency will carry The application will describe the and prerequisite requirements. The on after this funding is exhausted. For organization applying for the grant. If review will be based on the criteria applicants who are not currently linking the applicant is a state agency, where listed below. The review of the databases, they should clearly does it fit in the state organization? technical proposal and budget will be demonstrate their knowledge of the What are its responsibilities? What are used by the Assistant Secretary in process, as well as their plans to obtain its capabilities and limitations? How making funding decisions. ASPE the necessary expertise to successfully can it assure that this project will be reserves the option to discuss the carry out their proposed project. embedded in the state’s policy analysis application and the state agency record 3. Project Design and Approach system? of performance with other agencies, The applicant will discuss the staffing Regional Office staff, and experts who In this section, the applicant will for the project. Who will be the project may have information that could assist discuss what, if any, data are currently leader? What are the qualifications of the selection process. linked, what will be added through this the staff and who will be involved? The evaluation criteria correspond to grant, and how it will be accomplished. What are their time commitments to the the outline for the development of the This section should describe what project and what other time Program Narrative Statement of the variables are available and will be commitments do they have that might application. Although not mandatory, it added, what length of time period is interfere with successful completion of is strongly recommended that covered, what kind of data analysis the project? Personal vita and job applications be prepared with the currently can be done, and what descriptions should be attached as an format indicated by this outline. analytical capability will be added by appendix to the application. Selection of the successful this project. The discussion should If a university group is involved in the applicant(s) will be based on the make it clear to the reader what is the project, the application will clearly technical and financial criteria laid out structure of the data, what are the delineate what the responsibilities of in this announcement. Reviewers will building blocks (individuals, families, the group will be and how the state determine the strengths and weaknesses households, cases, filing units, etc.), the agency will exercise control over their of each application in terms of the universe of state population covered, work. It will describe the mechanism evaluation criteria listed below, provide the types of variables (demographic, (subcontract, etc.) used to procure the comments and assign numerical scores. program participation, program university group services. The review panel will prepare a dynamics, costs, etc.) that can be used summary of all applicant scores and for analysis. The applicant should also 5. Budget strengths/weaknesses and clearly specify how the micro-level data This section will include a budget recommendations and submit it to the will be linked and how the retrospective summary and narrative which describes Assistant Secretary for Planning and case files will be assembled. Does a how the budget supports the research Evaluation for final decisions on the unique identifier exist that will allow plan. It should show the financial award. data to be easily linked across contribution made or expected by other The point value following each programs? If not, what variable or funding sources, and the share of total criterion heading indicates the record-matching technique will be project costs covered by ASPE’s grant. It maximum numerical weight that each employed? It also should make clear will discuss how the overall funding section will be given in the review 28422 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices process. An unacceptable rating on any policy-research and policy-making 31, 1995, and received in time to be individual criterion may render the skills. Ratings may consider references considered during the competitive application unacceptable. Consequently, on prior research projects. Staff time review process (within two weeks of the applicants should take care to ensure commitments to the project also will be deadline date). that all criteria are fully addressed in a factor in the evaluation. Furthermore, When mailing application packages, the applications. Applications will be reviewers will rate the applicant’s applicants are strongly advised to obtain reviewed as follows: pledge and ability to produce a database a legibly dated receipt from a (a) Quality of the goals and Project capable of supporting policy-relevant commercial carrier (such as UPS, Justification. (See Part B, Type of analysis. Federal Express, etc.), or from the U.S. Application Requested, Section 2.) (15 Reviewers will evaluate the track Postal Service as proof of mailing by the points) Applications will be judged on record of the lead agency ability to deadline date. If there is a question as whether they provide a thoughtful and support scholarly, policy relevant to when an application was mailed, coherent discussion of the need for the research that can meet the demands of applicants will be asked to provide project and what it will accomplish. the academic, research, and policy proof of mailing by the deadline date. Reviewers will judge applicant’s past, communities. When proof is not provided, an current, and future commitment to If a university group is involved in the application will not be considered for linking administrative data for policy project, raters will judge the funding. Private metered postmarks are analysis, research, and evaluation. administrative relationships between not acceptable as proof of timely Particular attention will be given to the the group and the state agency and mailing. agency’s commitment to scholarly, whether the administrative Applications which do not meet the policy-relevant work, and their arrangements can assure quality data July 31, 1995, deadline are considered commitment to producing a public use and analysis. late applications and will not be dataset as a result of this project. (d) Appropriateness of the budget to considered or reviewed in the current (b) Quality of the project design and carry out the planned staffing and competition. HHS will send a letter to approach. (See Part B, Section 3.) (35 activities. (See Part B, Section 5.) (15 this effect to each late applicant. points) Reviewers will judge this section points) Ratings will consider whether: HHS reserves the right to extend the on the basis of whether the research (a) The budget assures an efficient and deadline for all applications due to acts agenda is scientifically sound and effective allocation of funds to achieve of God, such as floods, hurricanes or policy relevant. They will also consider the objectives of this solicitation and (2) earthquakes; due to acts of war; if there whether the applicant is likely to make the applicant has appropriate financial is widespread disruption of the mail; or a significant contribution to commitment from the state and the if HHS determines a deadline extension understanding such important issues as university, if one is involved. to be in the best of the Government. program utilization and effectiveness, State Single Point of Contact (E.O. No. However, HHS will not waive or extend caseload dynamics, types of clients, and 12372): The Department of Health and the deadline for any applicant unless multiple program participation. Human Services has determined that the deadline is waived or extended for Applications will be rated on their plans this program is not subject to Executive all applicants. to conduct policy relevant research and Order No. 12372, Intergovernmental Applications forms. See section interact with various levels of Review of Federal Programs, because it entitled ‘‘Components of a Complete government to research and evaluate is a program that is national in scope Application.’’ All of these documents significant government initiatives and and the only impact on State and local must accompany the application policies. governments would be through package. Reviewers will assess the subgrants. Applicants are not required Length of Application. Applications completeness of the data bases linked, to seek intergovernmental review of should be brief and concise as possible, population coverage, and the their applications within the constraints but assure successful communication of extensiveness of the variables in the of E.O. No. 12372. the applicant’s proposal to the data base. A proposal with more data Deadline for Submission of reviewers. In no case shall an applicant bases linked will be rated higher than Applications: The closing date for (excluding the resume appendix and one with only two program databases, submission of applications under this other appropriate attachments) be longer all other factors being constant. announcement is July 31, 1995. than 25 double-spaced pages; it should Evidence of data quality control and Applications must be postmarked or neither be unduly elaborate not contain validity is also extremely important. hand-delivered to the application voluminous supporting documentation. Ratings will consider the thoroughness receipt point no later than 4:30 p.m. on of the discussion of the database July 31, 1995. Disposition of Applications. strengths and weaknesses. Reviewers Hand-delivered applications will be 1. Approval, disapproval, or deferral. will assess whether there is appropriate accepted Monday through Friday prior On the basis of the review of an use and protection of sensitive or to and on July 31, 1995 during the hours application, the ASPE will either (a) confidential data. The type and quality of 9 a.m. to 4:30 p.m. in the lobby of the approve the application in whole, as of end product anticipated from this Hubert H. Humphrey building located at revised, or in part for such amount of project will be considered and rated. 200 Independence Avenue, SW., in funds and subject to such conditions as Finally, reviewers will rate the Washington, DC. When hand-delivering are deemed necessary or desirable for feasibility of the workplan and time an application, call 690–8794 from the the initiation and operation of the data schedule. lobby for pick-up. A staff person will be linking project; (b) disapprove the (c) Quality of the staffing proposal available to receive applications. application; or (c) defer action on the and proposed organizational An application will be considered as application for such reasons as lack of arrangements. (See Part B, Section 4.) meeting the deadline if it is either: (1) funds or a need for further review. (35 points) Reviewers will judge Received at, or hand-delivered to, the 2. Notification of disposition. The applicant’s staff on research experience, mailing address on or before July 31, ASPE will notify the applicants of the demonstrated research skills, public 1995, or (2) postmarked before midnight disposition of their application. A administration experience, and relevant five days prior to the deadline date July signed notification of award will be Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices 28423 issued to notify the applicant of the review of the criteria for listing —RFA for Research in ‘‘Mechanistically approved application. substances in the Biennial Report on Based Alternative Methods in Components of a Complete Carcinogens (BRC) (formerly Annual Toxicology.’’ Application. A complete application Report on Carcinogens) on April 24 and —Proposed Workshop on ‘‘Alternative consists of the following items in this 25, 1995. Specifically, the Board will: Test Methods in Toxicology: order: (1) review the report and Validation and Regulatory 1. Application for Federal Assistance recommendations of the ad hoc working Acceptance.’’ (Standard Form 424, Revised 4–88); group; Adjournment 2. Budget Information—Non- (2) receive public comments on the construction Programs (Standard Form report; and Public Comments Encouraged 424A, Revised 4–88); (3) develop Board recommendations The meeting is open to the public, 3. Assurances—Non-construction concerning the selection criteria. and public input concerning the criteria Programs (Standard Form 424B, Revised The preliminary agenda topics with for listing a substance in the Biennial 4–88); approximate times are as follows: Report on Carcinogens is encouraged. A 4. Table of Contents; 8:30 a.m.–8:45 a.m.—Report of the brief summary of the ad hoc working 5. Budget Justification for Section B— Director, NTP. group meeting, including the current Budget Categories; 8:45 a.m.–9:15 a.m.—Report of the and proposed revised criteria, is 6. Proof of non-profit status, if Director, Environmental Toxicology available on request from the NTP appropriate; Program (ETP). Liaison Office, P.O. Box 12233, MD B3– 7. Copy of the applicant’s approved 9:15 a.m.–9:45 a.m.—Report of the NTP 01, Research Triangle Park, NC 27709, indirect cost rate agreement if necessary; Workshop on ‘‘Mechanism-Based phone: (919) 541–0530, FAX: (919) 541– 8. Project Narrative Statement, Toxicology in Cancer Risk 0295. This summary also will be organized in five sections addressing the Assessment: Implications for published in the Federal Register in late following topics: Research, Regulation, and May or early June. Written comments (a) Understanding of the Effort, Legislation,’’ held January 11–13, can be submitted to Dr. Larry G. Hart, (b) Project Approach, (c) Staffing Utilization, Staff 1995. Executive Secretary. Formal oral Background, and Experience, 10:00 a.m.–10:20 a.m.—Report on the comments during the meeting will be (d) Organizational Experience, and Meeting of the Ad Hoc Working limited to five minutes to permit (e) Budget Narrative; Group to Review Criteria for Listing maximum participation. Written 9. Any appendices/attachments; of Substances in the BRC. comments accompanying oral 10. Certification Regarding Drug-Free 10:20 a.m.–11:00 a.m.—Board statements are encouraged. To assure Work place; Discussion of the Working Group consideration by the Board at the 11. Certification Regarding Report. meeting, written comments must be Debarment, Suspension and Other 11:00 a.m.–12:00 p.m.—Public received by June 23, 1995. Registration Responsibility Matters; and Comments on the Report. to attend is not required; however, to 12. Certification and, if necessary, 1:15 p.m.–2:15 p.m.—Further ensure adequate seating, we ask that Disclosure Regarding Lobbying; Discussion and Development of those planning to attend let us know. To 13. Supplement to Section II—Key Recommendations by the Board register, submit written comments or Personnel; and Concerning the BRC Selection announce intention to make oral 14. Application for Federal Assistance Criteria. comments, receive information on the Checklist. 2:15 p.m.–2:25 p.m.—Report on agenda, or be put on the mailing list for Technical Reports Review summary minutes subsequent to the Dated: May 22, 1995. Subcommittee Activities. meeting, please contact: Dr. L. G. Hart, David T. Ellwood, 2:25 p.m.–2:55 p.m.—Chemicals P.O. Box 12233, Research Triangle Park, Assistant Secretary for Planning and Nominated and Recommended for NC 27709; telephone: (919) 541–3971; Evaluation. Study by the Interagency FAX: (919) 541–0719. [FR Doc. 95–13220 Filed 5–30–95; 8:45 am] Committee for Chemical Evaluation Dated: May 18, 1995. BILLING CODE 4151±04±M and Coordination (ICCEC) on Kenneth Olden, December 14, 1994, will be Director, National Toxicology Program. presented for discussion and time Public Health Service will be allowed for public [FR Doc. 95–13284 Filed 5–30–95; 8:45 am] BILLING CODE 4140±01±P National Toxicology Program; Board of comment. Chemicals evaluated by Scientific Counselors' Meeting the ICCEC were (with CAS Nos. in parentheses): (1) Arsenic Trioxide Pursuant to Public Law 92–463, (1327–53–3); (2) Ethidium Bromide DEPARTMENT OF HOUSING AND notice is hereby given of a meeting of (1239–45–8); (3) 5- URBAN DEVELOPMENT (Hydroxymethyl)furfural (67–47–0); the National Toxicology Program (NTP) Office of Administration Board of Scientific Counselors, U. S. (4) Isoamyl Acetate (123–92–2); and Public Health Service, in the Conference (5) MX [3-chloro-4-(dichloromethyl) [Docket No. N±95±3922] Center, Building 101, South Campus, 5-hydroxy-2-(5H)-furanone] (77439– National Institute of Environmental 76–0). One chemical previously Notice of Submission of Proposed Health Sciences (NIEHS), 111 Alexander evaluated was re-reviewed: Information Collection to OMB Drive, Research Triangle Park, North Hexamethyldisilazane (999–97–3). AGENCY: Office of Administration, HUD. Carolina, on June 29, 1995. 3:15 p.m.–3:45 p.m.—Concept Review: ACTION: Notice. The primary agenda topic will be In Vitro and In Vivo Genetic concerned with the report and Toxicology Testing. SUMMARY: The proposed information recommendations of the ad hoc working 3:45 p.m.–4:30 p.m.—Alternative collection requirement described below group of the NTP Board from their Methods—Status and Plans: has been submitted to the Office of 28424 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices Management and Budget (OMB) for for the collection of information, as of the Department of Housing and Urban review, as required by the Paperwork described below, to OMB for review, as Development Act, 42 U.S.C. 3535(d). Reduction Act. The Department is required by the Paperwork Reduction Dated: May 12, 1995. soliciting public comments on the Act (44 U.S.C. Chapter 35). David S. Cristy, subject proposal. The Notice lists the following Director, Information Resources Management ADDRESSES: Interested persons are information: (1) The title of the Policy and Management Division. invited to submit comments regarding information collection proposal; (2) the Notice of Submission of Proposed this proposal. Comments must be office of the agency to collect the Information Collection to OMB received on or before June 30, 1995. information; (3) the description of the Proposal: Mortgage Lender/Servicer Comments should refer to the proposal need for the information and its EDI Profile Survey. by name and should be sent to: Joseph proposed use; (4) the agency form Office: Administration. F. Lackey, Jr., OMB Desk Officer, Office number, if applicable; (5) what members Description of The Need For The of Management and Budget, New of the public will be affected by the Information And Its Proposed Use: HUD Executive Office Building, Washington, proposal; (6) an estimate of the total is seeking Mortgage Lenders and DC 20503. number of hours needed to prepare the Servicer of FHA-insured mortgage FOR FURTHER INFORMATION CONTACT: information submission including portfolios to participate in an Electronic Kay F. Weaver, Reports Management number of respondents, frequency of Data Interchange (EDI) Program that will Officer, Department of Housing and response, and hours of response; (7) enable submission of mortgage Urban Development, 451 7th Street, whether the proposal is new or an insurance claims directly to HUD via Southwest, Washington, DC 20410, extension, reinstatement, or revision of EDI. An EDI Profile Survey is proposed telephone (202) 708–0050. This is not a an information collection requirement; for use in determining the interest and toll-free number. Copies of the proposed and (8) the names and telephone capability of mortgage lenders to join forms and other available documents numbers of an agency official familiar this program. submitted to OMB may be obtained with the proposal and of the OMB Desk Form Number: None. from Ms. Weaver. Officer for the Department. Respondents: Businesses or Other SUPPLEMENTARY INFORMATION: The Authority: Section 3507 of the Paperwork For-Profit. Department has submitted the proposal Reduction Act, 44 U.S.C. 3507; Section 7(d) Reporting Burden: Number of re- × Frequency of × Hours per Burden spondents response response = hours Survey ...... 13,125 1 1 13,125 Total Estimated Burden Hours: of Management and Budget, New whether the proposal is new or an 13,125. Executive Office Building, Washington, extension, reinstatement, or revision of Status: Extension, no changes. DC 20503. an information collection requirement; Contact: Rex D. Gavin, HUD (202) FOR FURTHER INFORMATION CONTACT: Kay and (8) the names and telephone 708–0306; Joseph F. Lackey, Jr., OMB, F. Weaver, Reports Management Officer, numbers of an agency official familiar (202) 395–7316. Department of Housing and Urban with the proposal and of the OMB Desk Dated: May 12, 1995. Development, 451 7th Street, Officer for the Department. [FR Doc. 95–13186 Filed 5–30–95; 8:45 am] Southwest, Washington, DC 20410, Authority: Section 3507 of the Paperwork telephone (202) 708–0050. This is not a Reduction Act, 44 U.S.C. 3507; Section 7(d) BILLING CODE 4210±01±M toll-free number. Copies of the proposed of the Department of Housing and Urban forms and other available documents Development Act, 42 U.S.C. 3535(d). [Docket No. N±95±3921] submitted to OMB may be obtained Dated: May 16, 1995. from Ms. Weaver. David S. Cristy, Notices of Submission of Proposed SUPPLEMENTARY INFORMATION: Acting Director, Information Resources Information Collections to OMB The Department has submitted the proposals Management Policy and Management Division. AGENCY: Office of Administration, HUD. for the collections of information, as ACTION: Notices. described below, to OMB for review, as Notice of Submission of Proposed required by the Paperwork Reduction Information Collection to OMB SUMMARY: The proposed information Act (44 U.S.C. Chapter 35). collection requirements described below The Notices list the following Proposal: Requisition for have been submitted to the Office of information: (1) The title of the Disbursement of Section 202 Loan Management and Budget (OMB) for information collection proposal; (2) the Funds. review, as required by the Paperwork office of the agency to collect the Office: Housing. Reduction Act. The Department is information; (3) the description of the Description Of The Need For The soliciting public comment on the need for the information and its Information And Its Proposed Use: Form subject proposals. proposed use; (4) the agency form HUD–92403–EH will be used by the ADDRESSES: Interested persons are number, if applicable; (5) what members non-profit borrower entity to obtain invited to submit comments regarding of the public will be affected by the disbursement on its HUD-funded these proposals. Comments must be proposal; (6) an estimate of the total building loan under the Section 202 received on or before June 30, 1995. number of hours needed to prepare the Housing Program for the Elderly or Comments should refer to the proposal information submission including Handicapped. Its use during the by name and should be sent to: Joseph number of respondents, frequency of construction period will enable the F. Lackey, Jr., OMB Desk Officer, Office response, and hours of response; (7) borrower to obtain funds to settle his Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices 28425 obligations or reimbursements in a Reporting Burden: timely manner. Form Number: HUD–92403–EH. Respondents: Not-For-Profit Institutions. Number of re- × Frequency of × Hours per Burden spondents response response = hours HUD±92403±EH ...... 310 3 .5 465 Total Estimated Burden Hours: 465. Notice of Submission of Proposed repair requirements on existing or Status: Reinstatement with changes. Information Collection to OMB proposed construction cases. Form HUD–92300 will be used by mortgage Contact: Aretha Williams, HUD, (202) Proposal: Compliance Inspection Report—Mortgagee’s Assurance of companies to establish escrow accounts 708–2866; Joseph F. Lackey, Jr., OMB, for incomplete repairs or constructions. (202) 395–7316. Completion. Office: Housing. Form Number: HUD–92051 and Dated: May 16, 1995. Description of The Need For The HUD–92300. Information And its Proposed Use: Form Respondents: Businesses or Other HUD–92051 is used by HUD staff and For-Profit. private inspectors to report the status of Reporting Burden: Number of re- × Frequency of × Hours per Burden spondents response response = hours HUD±92051 ...... 14,500 250 .25 906,250 HUD±92300 ...... 14,500 1 .25 3,625 Total Estimated Burden Hours: Notice of Submission of Proposed to contract for professional architect/ 909.875. Information Collection to OMB engineer (A/E) services and to prepare Status: Extension with changes. the necessary documents for Proposal: Contract for Development construction, rehabilitation, and Contact: David Dwyer, HUD (202) A/E Services and Contract for CIAP A/ modernization of housing 708–2121; Joseph F. Lackey, Jr., OMB, E Services. developments. (202) 395–7316. Office: Public and Indian Housing. Form Number: HUD–51915 and Dated: May 16, 1995. Description Of The Need For The HUD–51915–A. Information And Its Proposed Use: Respondents: State, Local, or Tribal Public Housing Agencies and Indian Government and Not-For-Profit Housing Authorities (PHA/IHA) use Institutions. Forms HUD–51915 and HUD 51915–A Reporting Burden: Number of re- × Frequency of × Hours per Burden spondents response response = hours Information Collection ...... 2,630 1 3.5 9,205 Recordkeeping ...... 2,630 1 .25 657 Total Estimated Burden Hours: 9,862. Notice of Submission of Proposed Description of the Need for the Status: Revision. Information Collection to OMB Information and Its Proposed Use: This questionnaire will be used to identify Contact: William C. Thorson, HUD, Proposal: Questionnaire—Types of the types of services, i.e., contractual, (202) 708–4703; Joseph F. Lackey, Jr., Technical Assistance Services Provided professional, general management, OMB, (202) 395–7316. by Individuals and Small Businesses. financial and/or legal which individuals Dated: May 16, 1995. Office: Public and Indian Housing. 28426 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices Indian Housing Authorities as technical Respondents: Individual or Reporting Burden: assistance. Households and Businesses or Other Form Number: None. For-Profit. Number of re- × Frequency of × Hours per Burden spondents response response = hours Questionnaire ...... 500 1 .16 80 Total Estimated Burden Hours: 80. Acknowledgment and Research, (202) migration into the settlement of a few Status: New. 208–3592. additional Michigan Potawatomi Contact: Joan Ladesh, HUD (202) 755– SUPPLEMENTARY INFORMATION: This families, which was in accordance with 0066; Joseph F. Lackey, Jr., OMB, (202) notice is published in the exercise of the traditionally permeable boundaries 395–7316. authority delegated by the Secretary of of Potawatomi villages. Dated: May 16, 1995. the Interior to the Assistant Secretary by From the date of its reestablishment 209 DM 8. (1842) until the present, the petitioner’s [FR Doc. 95–13187 Filed 5–30–95; 8:45 am] The petitioner, also known as the community has consistently been BILLING CODE 4210±01±M Nottawaseppi Huron Potawatomi Band, identified as a settlement of Michigan consists of descendants of the historical Potawatomi in Federal, state, and local Potawatomi tribe of Michigan. Its documents, which include Federal DEPARTMENT OF THE INTERIOR members are descendants specifically of census records, Bureau of Indian Affairs the Potawatomi of Huron, a band which census records and annuity rolls, county Bureau of Indian AffairsÐProposed signed treaties with the Federal realty records and vital records, Finding For Federal Acknowledgment Government from the Treaty of Methodist Indian mission records, and of Huron Potawatomi, Inc. Greenville in 1795 through the Articles local histories. No ethnicity for the AGENCY: Bureau of Indian Affairs, Supplementary to the Treaty of Chicago community other than Potawatomi has Interior. in 1833. After the War of 1812, this been suggested by any scholar or group moved from the Detroit area to observer. The identification is as the ACTION: Notice of proposed finding. the Nottawaseppi Reserve, established same tribal entity that was previously SUMMARY: Pursuant to 25 CFR 83.10(h), by the Federal treaty of 1821, in acknowledged or as a portion that has notice is hereby given that the Assistant southwestern Michigan. Because of evolved from that entity. Therefore, we Secretary—Indian Affairs (Assistant these treaties, the petitioner meets the conclude that the petitioner meets Secretary) proposes to acknowledge that requirements of § 83.8 as having criterion 83.7(a) as modified by criterion Huron Potawatomi, Inc., 2221 1 1⁄2 Mile unambiguous previous Federal 83.8(d). Road, Fulton, Michigan 49052, exists as acknowledgment and has been The petitioner presented evidence an Indian tribe within the meaning of considered under the modifications of that it maintained usage of the Federal law. This notice is based on a § 83.7 that are prescribed by § 83.8. The Potawatomi language and had a level of determination that the tribe satisfies all date of the last treaty, 1833, has been in-group or culturally appropriate of the criteria set forth in 25 CFR 83.7 used as the date of latest Federal patterned out-group marriages to other as modified by 25 CFR 83.8, and, acknowledgment for purposes of this Michigan Indians of over 50 percent of therefore, meets the requirements for a finding to enable the petitioner to total marriages from 1842 through 1960. government-to-government relationship proceed under the provisions of § 83.8. At least through 1934, the petitioner had with the United States. Because the petitioner had already over 50 percent of the group’s completed documentation of the population resident at or near the Pine DATES: As provided by 25 CFR 83.10(i), petition before the present regulations Creek site, thus meeting the any individual or organization wishing became effective, it was not necessary to requirements of criterion 83.7(b), for to challenge the proposed finding may determine if there was a later date of community up to 1960 under the submit arguments and evidence to unambiguous Federal acknowledgment. provisions of § 83.7(b)(2). support or rebut the evidence relied Between 1833 and 1840, the Although since the Depression, to the upon. This material must be submitted petitioner’s ancestors continued to present, younger members of the group within 180 calendar days from the date reside on the Nottawaseppi Reserve. In have moved off the reservation site in of publication of this notice. As stated 1840, the ancestors of the petitioner search of housing and employment, in the regulations, 25 CFR 83.10(i), either avoided attempts of the Federal there emerged a defined pattern of interested and informed parties who Government to remove the Potawatomi migration to specific locations in submit arguments and evidence to the to Kansas or returned to Michigan Michigan. Evidence indicates that the Assistant Secretary must also provide within a few years after removal. The emigrants not only maintain close social copies of their submissions to the community was reestablished by 1842. and kinship ties with the central Pine petitioner. Huron Potawatomi, Inc. is centered at Creek settlement area, but also maintain ADDRESSES: Comments on the proposed the Pine Creek Indian Reservation in close social and kinship ties among the finding and/or request for a copy of the Calhoun County, Michigan. This 120- five external settlement areas. Thus, we report of evidence should be addressed acre tract of land was purchased by the conclude that the petitioner meets to the Office of the Assistant Secretary, founders of the community in 1845 with criterion 83.7(b) as modified by section 1849 C Street, NW., Washington, DC Federal annuity monies and placed in 83.8(d), which requires a showing that 20240, Attention: Branch of trust with the State of Michigan, in the group constitutes a distinct, Acknowledgment and Research. which status it has remained until the cohesive community at present. Mailstop 2611–MIB. present day. During the second half of Because the Huron Potawatomi meet FOR FURTHER INFORMATION CONTACT: the 19th century, the original the requirements of the community Holly Reckord, Chief, Branch of population was augmented by the criterion 83.7(b) between 1833 and 1934 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices 28427 by showing a sufficient level of Pokagon Potawatomi were not federally During the response period, the evidence under 83.7(b)(2), pursuant to acknowledged. Neither the Huron nor Assistant Secretary shall provide 83.7(c)(3) they also meet criterion the Pokagon constitutions prohibit dual technical advice concerning the 83.7(c) for that time period. Between enrollment with other unacknowledged proposed finding and shall make 1833 and 1840 (the date the Federal Indian groups. The proportion of available to the petitioner in a timely Government attempted to remove all individuals enrolled in a recognized fashion any records used for the Potawatomi on the Nottawaseppi tribe (21 percent in the Pokagon proposed finding not already held by Reserve to Kansas), anecdotes and Potawatomi and five percent in other the petitioner, to the extent allowable by reminiscences of pioneer settlers tribes) is small enough that the Huron Federal law (83.10(j)(1)). In addition, the mention leaders and chiefs of the Potawatomi membership is not Assistant Secretary shall, if requested by Potawatomi of Huron on the principally composed of persons who the petitioner or any interested party, Nottawaseppi Reserve, and the are members of an acknowledged North hold a formal meeting for the purpose Potawatomi of Huron continued during American Indian tribe. Therefore, we of inquiring into the reasoning, this period of time to collect Federal find that the petitioner meets criterion analyses, and factual bases for the annuities under the Treaty of 1807. 83.7(f) within the purpose of the proposed finding. The proceedings of From 1842 through the present day, the regulation, which is designed to prevent this meeting shall be on the record. The Pine Creek settlement, which is the splintering and break-up of federally meeting record shall be available to any incorporated as Huron Potawatomi, Inc., acknowledged tribes through the participating party and become part of the petitioner, has had an unbroken Federal acknowledgment process. the record considered by the Assistant sequence of documented leadership. No evidence was found that the Secretary in reaching a final After the reestablishment of the petitioner or its members are the subject determination (83.10(j)(2)). community at Pine Creek in 1842, the of congressional legislation which has If third party comments are received band continued to choose traditional expressly terminated or forbidden the during the regular response period, the chiefs through 1934. From 1934 through Federal relationship. Therefore, we find petitioner shall have a minimum of 60 1970, the leadership was by a committee that the petitioner meets criterion days to respond to these comments. closely associated with the Methodist 83.7(g). This period may be extended at the Indian mission on the Pine Creek In October 1994, 126 Taggart Roll Assistant Secretary’s discretion if reservation. In 1970, the petitioner descendants who have dual ancestry in warranted by the nature and extent of incorporated and has since been both the Huron Potawatomi and in the the comments (83.10(k)). administered by an elected chairman Potawatomi settlement centered around At the end of the response periods the and council. These leaders regularly Bradley and Salem in Allegan County, Assistant Secretary shall consider the represented the group in its interaction Michigan, notified the Bureau of Indian written arguments and evidence with the Bureau of Indian Affairs and to Affairs that they wish to have their submitted during the response periods the public, as well as supervising names removed from the Huron and issue a final determination. The internal reservation activities. Potawatomi, Inc. membership list in Assistant Secretary shall consult with Therefore, we conclude that the order to be part of the petition for the petitioner and interested parties to petitioner meets criterion 83.7(c) as Federal acknowledgment of the Match- determine an equitable timeframe for modified by criterion 83.8(d). e-be-nash-she-wish Potawatomi Band preparation of the final determination The petitioning group has provided a # and notify the petitioner and interested copy of its governing document, which ( 9A). Removal of these 126 individuals from the petitioner’s membership does parties of the date such consideration describes its membership criteria. Thus, begins. The Assistant Secretary may we conclude that the petitioner meets not affect the ability of the petitioner to meet the mandatory criteria of the conduct any necessary additional criterion 83.7(d). research and may request additional With the exception of one adopted Federal acknowledgment regulations. information from the petitioner and child, all of the 819 members on the Based on this preliminary factual third parties. A summary of the final petitioner’s 1994 membership list have determination, we conclude that the determination will be published in the been documented to descend from Huron Potawatomi, Inc. should be persons listed on the 1904 Taggart Roll, granted Federal acknowledgment under Federal Register within 60 days from compiled by the Bureau of Indian 25 CFR part 83. the date on which the consideration of Affairs in connection with the issuance As provided by 25 CFR 83.10(h) of the the written arguments and evidence of Potawatomi annuity payments under revised regulations, a report rebutting or supporting the proposed Federal treaties. Thus we conclude that summarizing the evidence, reasoning, finding begins, as provided in 25 CFR the petitioner meets criterion 83.7(e). and analyses that are the basis for the 83.10(l)(2). A portion of the membership of proposed decision will be provided to Ada E. Deer, Huron Potawatomi, Inc. (171 the petitioner and interested parties, Assistant Secretary—Indian Affairs. individuals)—persons who had dual and is available to other parties upon [FR Doc. 95–13172 Filed 5–30–95; 8:45 am] ancestry from both the Huron written request. Comments on the BILLING CODE 4310±02±P Potawatomi and the Pokagon proposed finding and/or requests for a Potawatomi—was determined to be copy of the report of evidence should be dually enrolled with the Pokagon addressed to the Office of the Assistant Bureau of Land Management Potawatomi Band (aka Potawatomi of Secretary, Bureau of Indian Affairs, Michigan and Indiana, Inc.), which was 1849 C Street, NW., Washington, DC [WO±350±09±1430±00] federally acknowledged through the 20240, Attention; Branch of Information Collection Submitted to legislative process in 1994, while the Acknowledgment and Research, the Office of Management and Budget petition from Huron Potawatomi, Inc., Mailstop 2611—MIB. Third parties must for Review Under the Paperwork was being evaluated through the simultaneously supply copies of their Reduction Act administrative process. At the time the comments to the petitioner in order for Huron Potawatomi, Inc. membership them to be considered by the The proposal for the collection of roll was compiled and submitted, the Department of the Interior. information listed below has been 28428 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices submitted to the office of Management Baldwin County, Alabama. The distinguishable. The species inhabits and Budget for approval under the Application proposed to construct a primary dunes, interdune areas, provisions of the Paperwork Reduction project known as Martinique, which secondary dunes, and scrub dunes. The Act (44 U.S.C. Chapter 35). Copies of the will include two 18-unit mid-rise depth and area of these habitats from information and collection requirement residential buildings, their associated the beach inland varies. Population and related forms and explanatory landscaped grounds and parking areas, surveys indicate that this subspecies is material may be obtained by contacting a beach club recreation amenity, and usually more abundant in primary the Bureau’s clearance Officer at phone two dune walkover structures (Project). dunes that in secondary dunes, and number listed below. Comments and The Service also announces the usually more abundant in secondary suggestions on the requirements should availability of an environmental dunes than in scrub dunes. Optimal be made to the Bureau Clearance Officer assessment (EA) and habitat habitat consists of dune systems with all and to the Office of Management and conservation plan (HCP) for the dune types. Though fewer ABM inhabit Budget, Paperwork Reduction Project incidental take application. Copies of scrub dunes, these high dunes can serve (1004–0107), Washington, DC 20503, the EA or HCP may be obtained by as refugia during devastating hurricanes telephone number 202–395–7340. making requests to the addresses below. that overwash, flood, and destroy or Title: 43 CFR 2800 and 2880, Rights- This notice is provided pursuant to alter secondary and frontal dunes. ABM of-Way. Section 10(c) of the Act and National surveys on the Applicant’s property OMB Approval Number: (1004–0107). Environmental Policy Act Regulations reveal habitat occupied by ABM. The Abstract: This information, supplied (40 CFR 1506.6). Applicant’s property contains by an applicant for a right-of-way, is DATES: Written comments on the permit designated critical habitat for the ABM. needed for the authorized officer to application, EA and HCP should be Construction of the Project may result in determine whether or not a right-of-way received on or before June 30, 1995. the death of, or injury to, ABM. Habitat may be granted, establish terms and ADDRESSES: Persons wishing to review alterations due to house placement and conditions of the grant, and administer the application may obtain a copy by its subsequent use may reduce available the grant when made. writing the Service’s Southeast Regional habitat for food, shelter, and Bureau Form Number: None. Office, Atlanta, Georgia. Persons reproduction. Further, the Applicant’s Frequency: Once when an application wishing to review the EA or HCP may property borders the BSNWR, and is is filed. obtain a copy by writing the Regional considered Priority I lands for inclusion Description of Respondents: Office or the Jackson, Mississippi, Field into the Perdue Unit (of BSNWR). Applicants needing a right-of-way on Office. Requests must be in writing to The EA considers the environmental Federal Lands. properly process requests. Documents consequences of several alternatives. Estimated Completion Time: 16.8 will also be available for public One action proposed is the issuance of hours. inspection, by appointment, during the incidental take permit. This Annual Responses: 1,000. normal business hours at the Regional alternative provides for restrictions that Annual Burden Hours: 16,800. Office, or the Field Office. Written data include placing landward of the Bureau Clearance Officer: Wendy or comments concerning the designated ABM critical habitat, Spencer 303–236–6642. application, EA, or HCP should be establishment of a walkover structure Dated: April 15, 1995. submitted to the Regional Office. Please across that scrub dune, a prohibition W. Hord Tipton, reference permit under PRT—802986 in against housing or keeping pet cats, Assistant Director, Resource Use & Protection. such comments. ABM competitor control and monitoring [FR Doc. 95–13231 Filed 5–30–95; 8:45 am] Regional Permit Coordinator (TE), measures, scavenger-proof garbage BILLING CODE 4310±84±M U.S. Fish and Wildlife Service, 1875 containers, restoration of dune systems Century Boulevard, Suite 210, Atlanta, impacted by the construction, and the Georgia 30345, (telephone 404/679– minimization and control of outdoor Fish and Wildlife Service 7110, FAX 404/679–7280). lighting. The HCP provides a funding Field Supervisor, U.S. Fish and source for these mitigation measures. Availability of an Environmental Wildlife Service, 6578 Dogwood View Another alternative is Service Assessment and Receipt of an Parkway, Suite A, Jackson, Mississippi acquisition of the property for inclusion Application for an Incidental Take 39213 (telephone 601/965–4900, FAX into the BSNWR. A third alternative is Permit From Aronov Realty 601/965–4340). no-action, or deny the request for Management Incorporated, in Baldwin FOR FURTHER INFORMATION CONTACT: Mr. authorization to incidentally take the County, Alabama Will McDearman at the above Jackson, ABM. AGENCY: Fish and Wildlife Service, Mississippi, Field Office. Dated: May 23, 1995. Interior. SUPPLEMENTARY INFORMATION: The Noreen K. Clough, ACTION: Notice. Alabama beach mouse (ABM), Regional Director. Peromyscus polionotus ammobates, is a [FR Doc. 95–13207 Filed 5–30–95; 8:45 am] SUMMARY: Aronov Realty Management subspecies of the common oldfield Incorporated, (Applicant), has applied mouse Peromyscus polionotus and is BILLING CODE 4310±55±P to the Fish and Wildlife Service restricted to the dune systems of the (Service) for an incidental take permit Gulf Coast of Alabama. The known Receipt of Application(s) for Permit pursuant to Section 10(a)(1)(B) of the current range of ABM extends from Fort Endangered Species Act (Act). The Morgan eastward to the western The following Applicant(s) have proposed permit would authorize for a terminus of Alabama Highway 182, applied for a permit to conduct certain period of 30 years the incidental take of including the Perdue Unit on the Bon activities with endangered species. This an endangered species, the Alabama Secour National Wildlife Refuge notice is provided pursuant to Section beach mouse (Peromyscus polionotus (BSNWR). The sand dune systems 10(c) of the Endangered Species Act of ammobates), known to occupy a 52-acre inhabited by this species are not 1973, as amended (16 U.S.C. 1531, et tract of land owned by the Applicant in uniform; several habitat types are seq.) Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices 28429 PRT–798900 U.S. Geological Survey Law 101–601 to monitor, review, and Applicant: Mr. Andy G. Grubbs, San assist in implementation of the Indonesia; Comprehensive Geographic Marcos, Texas. inventory and identification process and The Applicant requests a permit Information System Development repatriation activities required under amendment to take the listed Texas cave SUMMARY: Notice is hereby given that the statute. invertebrates from previously unknown the U.S. Geological Survey (USGS) is On the agenda for this meeting will be locations in Texas, for the purpose of planning to enter into a Cooperative comments to the Committee’s draft scientific research, recovery actions, and Research and Development Agreement recommendations regarding the survival of the species as prescribed by (CRADA) with a consortium of U.S. disposition of culturally unidentifiable Service recovery documents. industries and academic institutions. human remains in museums and PRT–802708 The purpose of the CRADA is to Federal collections. The Committee develop a comprehensive geographic with also hear public comment and Applicant: Mr. Karl Stephan, Red information system for the Government Oak, Oklahoma. discuss the application of the statute in of Indonesia. Any other parties The Applicant requests a permit to Alaska. interested in pursuing the possibility of take the American burying beetle a CRADA for similar kinds of activities Culturally unidentifiable human (Nicrophorus americanus) at specified remains are those in museum or Federal locations in Oklahoma, for the purpose should contact the USGS. DATES: This notice is effective agency collections for which, following of scientific research, recovery actions, the completion of inventories by and survival of the species as prescribed immediately. November 16, 1995, no lineal by Service recovery documents. ADDRESSES: Information on the proposed CRADA is available to the descendants or culturally affiliated PRT–802731 public upon request at the following Indian tribe has been determined. Applicant: Mr. Kenneth D. Heil, San location: U.S. Geological Survey, Office The meeting will be open to the Juan College, Farmington, New Mexico. of International Geology, 12201 Sunrise public. However, facilities and space for The Applicant requests a permit to Valley Drive, Reston, Virginia 22092. accommodating members of the public take several threatened and endangered FOR FURTHER INFORMATION CONTACT: are limited. Persons will be plant species within the San Juan Basin Dr. Jack Medlin of the U.S. Geological accommodated on a first-come, first- and drainages in Arizona, New Mexico, Survey, Office of International Geology, served basis. In addition, due to the Colorado, and Utah, for the purposes of at the address given above; telephone presence of Alaska Federation of scientific research and recovery actions, (703) 648–6062; fax (703) 648–4227. Natives delegates, hotel rooms in and survival of the species as prescribed Dated: May 22, 1995. Anchorage may be scarce. Any member by Service recovery documents. P. Patrick Leahy, of the public may file a written PRT–802744 Chief, Geologist. statement concerning the matters to be Applicant: Ms. Karen Baud, The S.M. [FR Doc. 95–13230 Filed 5–30–95; 8:45 am] discussed with Dr. Francis P. Stoller Corporation, Boulder, Colorado. BILLING CODE 4310±31±M McManamon, Departmental Consulting The Applicant requests a permit to Archeologist. take southwestern willow flycatcher Persons wishing further information (Empidonax traillii extimus) and National Park Service concerning this meeting, or who wish to Mexican spotted owl (Strix occidentalis submit written statements may contact lucida) north of Pecos, New Mexico, for Native American Graves Protection Dr. Francis P. McManamon, the purpose of scientific research and and Repatriation Review Committee: recovery actions, and survival of the Meeting Departmental Consulting Archeologist, species as prescribed by Service Archeological Assistance Division AGENCY: National Park Service, recovery documents. (MS0436), National Park Service, P.O. Department of the Interior. Box 37127 Washington, D.C. 20013– ADDRESSES: Written data or comments ACTION: Notice. should be submitted to the Assistant 7127, Washington D.C. 20002, Telephone (202) 343–4101. Draft Regional Director, Ecological Services, Notice is hereby given in accordance U.S. Fish and Wildlife Service, P.O. Box with the Federal Advisory Committee summary minutes of the meeting will be 1306, Albuquerque, New Mexico 87103, Act (FACA), 5 U.S.C. Appendix (1988), available for public inspection about and must be received by the Assistant that a meeting of the Native American eight weeks after the meeting at the Regional Director within 30 days for the Graves Protection and Repatriation Act office of the Departmental Consulting date of this publication. Review Committee will be held on Archeologist, Suite 210, 800 North Documents and other information October 16, 17, and 18, 1995, in Capital Street, Washington, D.C. submitted with this application are Anchorage, Alaska. Dated: May 16, 1995. available for review, subject to the The Committee will meet in the Francis P. McManamon, requirements of the Privacy Act and Dillingham room at the Anchorage Departmental Consulting Archeologist and Freedom of Information Act, by any Hilton, 500 West 3rd Ave., Anchorage, party who submits a written request for AK 99510–9953. The final day of the Chief, Archeological Assistance Division. a copy of such documents to the above meeting may be held in the Eagan [FR Doc. 95–13200 Filed 5–30–95; 8:45 am] office within 30 days of the date of Center, Anchorage, AK, in conjunction BILLING CODE 4310±70±F publication of this notice. (See with the Alaska Federation of Natives ADDRESSES above.) annual convention. Meetings will begin James A. Young, each day at 8:30 a.m. and conclude not Acting Regional Director, Region 2, later than 5:00 p.m. Albuquerque, New Mexico. The Native American Graves [FR Doc. 95–13208 Filed 5–30–95; 8:45 am] Protection and Repatriation Review BILLING CODE 4310±55±M Committee was established by Public 28430 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices DEPARTMENT OF JUSTICE changed its name to AsCOM Enterprise Notice Pursuant to the National Networks. Cooperative Research and Production Antitrust Division No other changes have been made in Act of 1993ÐPowerOpen Association, Inc. Notice Pursuant to the National either the membership or planned Cooperative Research and Production activities of FRF. Membership remains Notice is hereby given that, on March Act of 1993ÐCable Television open, and FRF intends to file additional 27, 1995, pursuant to Section 6(a) of the Laboratories, Inc.; NHK Science and written notifications disclosing all National Cooperative Research and Technical Research Laboratories changes in membership. Production Act of 1993, 15 U.S.C. § 4301 et seq. (‘‘the Act’’), Poweropen Notice is hereby given that, on March On April 10, 1992, FRF filed its Association, Inc. (‘‘PowerOpen’’), has 17, 1995, pursuant to the National original notification pursuant to Section filed written notifications Cooperative Research and Production 6(a) of the Act. The Department of simultaneously with the Attorney Act of 1993, 15 U.S.C. § 4301 et seq. Justice published a notice in the Federal General and the Federal Trade (‘‘the Act’’), Cable Television Register pursuant to Section 6(b) of the Laboratories, Inc., (‘‘CableLabs’’); and Act on July 2, 1992 (57 FR 29537). Commission disclosing changes in its NHK Science and Technical Research The last notification was filed with membership. The notifications were Laboratories (‘‘NHK’’), have filed the Department of December 20, 1994. A filed for the purpose of extending the written notifications simultaneously notice was published in the Federal Act’s provisions limiting the recovery of with the Attorney General and the Register pursuant to Section 6(b) of the antitrust plaintiffs to acquire damages Federal Trade Commission disclosing Act on February 24, 1995 (60 FR. under specified circumstances. (1) the identities of the parties and (2) 10408). Specifically, the identities of the new members of PowerOpen are: Electro the nature and objectives of the venture. Constance K. Robinson, The notifications were filed for the Sonic, Inc., Ontario, CANADA, AIB Director of Operations, Antitrust Division. purpose of invoking the Act’s provisions Software Corporation, Dulles, VA; Liant limiting the recovery of antitrust [FR Doc. 95–13233 Filed 5–30–95; 8:45 am] Software Corporation, Austin, TX; PFU plantiffs to actual damages under BILLING CODE 4410±01±M Limited, San Jose, CA; and Cheyenne specified circumstances. Pursuant to Software, Roslyn Heights, NY. Section 6(b) of the Act, the identities of No other changes have been made in the parties are CableLabs, Louisville, Notice Pursuant to the National either the membership or planned CO; and NHK, Tokyo, JAPAN. Cooperative Research and Production activity of the joint venture. The general area of planned activity is Act of 1993ÐHealth Data Sciences Membership remains open and to exchange information and ideas about Corporation PowerOpen intends to file additional high definition television, multi-user written notification disclosing all shared spectrum transmission of video Notice is hereby given that, on May 9, changes in membership. and the technical possibilities for 1995, pursuant to Section 6(a) of the On April 21, 1993, PowerOpen filed general television and audio visual National Cooperative Research and its original notification pursuant to services in the future. Production Act of 1993, 15 U.S.C. Section 6(a) of the Act. The Department Constance K. Robinson, § 4301 et seq. (‘‘the Act’’), Health Data of Justice published a notice in the Director of Operations, Antitrust Division. Sciences Corporation for itself and on Federal Register pursuant to Section behalf of its members, has filed written 6(b) of the Act on June 22, 1993 (58 FR [FR Doc. 95–13232 Filed 5–30–95; 8:45 am] notification simultaneous with the 33954). BILLING CODE 4410±01±M Attorney General and the Federal Trade The last notification was filed with Commission disclosing (1) the identities the Department on December 28, 1994. Notice Pursuant to the National of the parties and (2) the nature and A notice was published in the Federal Cooperative Research and Production objectives of the venture. The Register pursuant to Section 6(b) of the Act of 1993 the Frame Relay Forum notifications were filed for the purpose Act on March 14, 1995 (60 FR 13733). of invoking the Act’s provisions limiting Constance K. Robinson, Notice is hereby given that, on March the recovery of antitrust plaintiffs to Director of Operations, Antitrust Division. 20, 1995, pursuant to Section 6(a) of the actual damages under specified [FR Doc. 95–13235 Filed 5–30–95; 8:45 am] National Cooperative Research and circumstances. Pursuant to Section 6(b) BILLING CODE 4410±01±M Production Act of 1993, 15 U.S.C. of the Act, the identities to the parties § 4301 et seq. (‘‘the Act’’), The Frame are Health Data Sciences Corporation, Relay Forum (‘‘FRF’’) has filed written San Bernardino, CA; Arthur D. Little, notifications simultaneously with the NATIONAL ARCHIVES AND RECORDS Inc., Cambridge, MA; and New York ADMINISTRATION Attorney General and the Federal Trade City Health and Hospitals Corporation, Commission disclosing changes in its New York, NY. The purpose of this Joint Advisory Committee on the Records of membership. The notifications were Venture is to develop and demonstrate Congress; Meeting filed for the purposes of extending the enhanced health care information Act’s provisions limiting the recovery of systems. The activities of this Joint AGENCY: National Archives and Records antitrust plaintiffs to actual damages Venture project will be partially funded Administration. under specified circumstances. by an award from the Advanced ACTION: Notice of meeting. Specifically, the identity of the Technology Program, National Institute additional member of FRF is: of Standards and Technology, SUMMARY: In accordance with the CellAccessTechnology, Inc. Milpitas, Department of Commerce. Federal Advisory Committee Act, the CA. National Archives and Records Deutsche Bundespost Telekom, a Constance K. Robinson, Administration (NARA) announces a member of FRF, has changed its name Director of Operations, Antitrust Division. meeting of the Advisory Committee on to Deutsche Telekom and Ascom [FR Doc. 95–13234 Filed 5–30–95; 8:45 am] the Records of Congress. The committee Timeplex, a member of FRF, has BILLING CODE 4410±01±M advises NARA on the full range of Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices 28431 programs, policies, and plans for the period. This licensee request for an change in current environmental Center for Legislative Archives in the exemption would delay the next impacts. The environmental impacts of Office of Special and Regional Archives. scheduled containment integrated leak the proposed action and the alternative DATES: June 19, 1995, from 9 a.m. to rate test for one outrage, from the fourth action are similar. refueling outage to the fifth refueling 10:30 a.m. Alternative Use of Resources ADDRESSES: United States Capitol outage. This action does not involve the use Building, LBJ Room (S–211). The proposed action is in accordance with the licensee’s application for of any resources not previously FOR FURTHER INFORMATION CONTACT: exemption dated March 16, 1995. considered in the ‘‘Final Environmental Michael L. Gillette, Director, Center for Statement related to the operation of Legislative Archives, (202) 501–5350. The Need for the Proposed Action South Texas Project, Units 1 and 2,’’ The proposed action is needed SUPPLEMENTARY INFORMATION: dated August 1986. because the licensee’s current schedule Agencies and Persons Consulted Agenda would require the second CILRT to be performed during the fourth refueling In accordance with its stated policy, Review of Committee Activities on April 25, 1995, the staff consulted Five-Year Plan for the Management and outage (Fall 1995). Minimal safety with the Texas State official, Arthur C. Preservation of the Records of benefit would be realized by performing Tate of the Bureau of Radiation Control, Congress the scheduled CILRT, since the majority Texas Department of Health, regarding Update—Legislative Support Agency of primary containment leakage has the environmental impact of the Task Force Online Access to previously been identified through the proposed action. The State official had Legislative Records biennial performance of the Local Leak no comments. Videotaped Floor Proceedings Rate Test (LLRT). Without this Other current issues and new business exemption, the licensee would not be Finding of No Significant Impact allowed to reduce a regulatory burden The meeting is open to the public. that has minimal impact on safety. Based upon the environmental Dated: May 19, 1995. assessment, the Commission concludes Ralph C. Bledsoe, Environmental Impacts of the Proposed that the proposed action will not have Action Acting Archivist of the United States. a significant effect on the quality of the [FR Doc. 95–13280 Filed 5–30–95; 8:45 am] The Commission has completed its human environment. Accordingly, the Commission has determined not to BILLING CODE 7515±01±M evaluation of the proposed action and concludes that the exemption would not prepare an environmental impact significantly increase the probability or statement for the proposed action. amount of expected containment For further details with respect to the NUCLEAR REGULATORY proposed action, see the licensee’s letter COMMISSION leakage, and that containment integrity would thus be maintained. dated March 16, 1995, which is [Docket No. 50±499] The change will not increase the available for public inspection at the probability or consequences of Commission’s Public Document Room, Houston Lighting & Power Company accidents, no changes are being made in The Gelman Building, 2120 L Street, City Public Service Board of San the types of any effluents that may be NW., Washington, DC, and at the local Antonio Central Power and Light released offsite, and there is no public document room located at the Company City of Austin, Texas; South significant increase in the allowable Wharton County Junior College, J.M. Texas Project, Unit 2 Environmental individual or cumulative occupational Hodges Learning Center, 911 Boling Assessment And Finding of No radiation exposure. Accordingly, the Highway, Wharton, TX 77488. Significant Impact Commission concludes that there are no Dated at Rockville, Maryland, this 23rd day The U.S. Nuclear Regulatory significant radiological environmental of May 1995. Commission (the Commission) is impacts associated with the proposed For The Nuclear Regulatory Commission. considering issuance of an exemption action. George Kalman, from Facility Operating License No. With regard to potential Project Manager, Project Directorate IV–1, NPF–80, issued to Houston Lighting & nonradiological impacts, the proposed Division of Reactor Projects—III/IV, Office of Power Company (HL&P) acting on action does involve features located Nuclear Reactor Regulation. behalf of itself and for the City Public entirely within the restricted area as [FR Doc. 95–13206 Filed 5–30–95; 8:45 am] defined in 10 CFR part 20. It does not Service Board of San Antonio (CPS), BILLING CODE 7590±01±M Central Power and Light Company affect nonradiological plant effluents (CPL), and City of Austin, Texas (COA) and has no other environmental impact. (the licensees), for operation of the Accordingly, the Commission concludes SECURITIES AND EXCHANGE South Texas Project, Unit 2, located in that there are no significant COMMISSION Matagorda County, Texas. nonradiological environmental impacts associated with the proposed action. Issuer Delisting; Notice of Application Environmental Assessment Alternatives to the Proposed Action To Withdraw From Listing and Identification of the Proposed Acting Registration; (Pure Tech International, Since the Commission has concluded Inc., Common Stock, $.01 Par Value) The proposed action would grant an there is no measurable environmental File No. 1±11025 exemption from a requirement of impact associated with the proposed Section III.D.1.(a) of appendix J to 10 action, any alternatives with equal or May 24, 1995. CFR part 50, which requires a set of greater environmental impact need not Pure Tech International, Inc. three type A tests (Containment be evaluated. As an alternative to the (‘‘Company’’) has filed an application Integrated Leak Rate Test or CILRT) be proposed action, the staff considered with the Securities and Exchange performed, at approximately equal denial of the proposed action. Denial of Commission (‘‘Commission’’), pursuant intervals during each 10-year service the application would result in no to Section 12(d) of the Securities and 28432 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices Exchange Act of 1934 (‘‘Act’’) and Rule David A. Sirignano, Committee Staff members of the exchange where the 12d2–2(d) promulgated thereunder, to Director, at 202–942–2870; Securities options are traded to comply with the withdraw the above specified security and Exchange Commission, 450 Fifth option position and exercise limits set (‘‘Security’’) from listing and Street, N.W., Washington, D.C. 20549. by the exchange where the transactions registration on the Boston Stock SUPPLEMENTARY INFORMATION: In are effected.1 In addition, the CBOE Exchange, Inc. (‘‘BSE’’). accordance with section 10(a) of the proposes to amend the text of CBOE The reasons alleged in the application Federal Advisory Committee Act, 5 Rule 4.12 to replace references to the for withdrawing the Security from U.S.C. App. 10a, notice is hereby given Exchange’s previous equity option listing and registration include the that the Committee will meet on June position limits with references to the following: 15, 1995 in room 1C30 at the Exchange’s current equity position According to the Company, it is Commission’s main offices, 450 Fifth limits, which were excluded voluntarily requesting that the Security Street, N.W., Washington, D.C., inadvertently from the text of CBOE be delisted from the BSE due to low beginning at 2:00 p.m. The meeting will Rule 4.12 when the equity option trading volumes. be open to the public. position limits were increased in Any interested person may, on or The Committee was formed in December 1993.2 Finally, the CBOE before June 15, 1995 submit by letter to February 1995, and its responsibilities proposes to amend CBOE Rules 4.11 the Secretary of the Securities and include advising the Commission and 4.12 to indicate that the Exchange’s Exchange Commission, 450 Fifth Street, regarding the informational needs of position and exercise limits are now NW., Washington, DC 20549, facts investors and the regulatory costs established by the staff of the CBOE, bearing upon whether the application imposed on the U.S. securities markets. rather than by the CBOE’s Board of has been made in accordance with the The purpose of this meeting will be to Directors (‘‘Board’’). rules of the exchanges and what terms, discuss the progress of the Committee’s The text of the proposal is available if any, should be imposed by the work, begin evaluation of possible at the Office of the Secretary, CBOE, and Commission for the protection of alternative approaches to the capital at the Commission. investors. The Commission, based on formation and regulatory processes, as II. Self-Regulatory Organization’s the information submitted to it, will well as to discuss general organizational Statement of the Purpose of, and issue an order granting the application matters. Statutory Basis for, the Proposed Rule after the date mentioned above, unless Dated: May 24, 1995. Change the Commission determines to order a Jonathan G. Katz, hearing on the matter. In its filing with the Commission, the Secretary. self-regulatory organization included For the Commission, by the Division of [FR Doc. 95–13217 Filed 5–30–95; 8:45 am] Market Regulation, pursuant to delegated statements concerning the purpose of BILLING CODE 8010±01±M authority. and basis for the proposed rule change Jonathan G. Katz, and discussed any comments it received Secretary. [Release No. 34±35759; File No. SR±CBOE± on the proposed rule change. The text 95±22] of these statements may be examined at [FR Doc. 95–13216 Filed 5–30–95; 8:45 am] the places specified in Item IV below. BILLING CODE 8010±01±M Self-Regulatory Organizations; Notice The self-regulatory organization has of Filing of Proposed Rule Change by prepared summaries, set forth in the Chicago Board Options Exchange, sections (A), (B), and (C) below, of the [Release Nos. 33±7172; 34±37560; File No. Inc., Relating to Members' Compliance most significant aspects of such 265±20] With Position and Exercise Limits for statements. Non-CBOE Listed Options Advisory Committee on the Capital (A) Self-Regulatory Organization’s Formation and Regulatory Processes May 24, 1995. Statement of the Purpose of, and Pursuant to Section 19(b)(1) of the Statutory Basis for, the Proposed Rule AGENCY: Securities and Exchange Securities Exchange Act of 1934 Change Commission. (‘‘Act’’), 15 U.S.C. 78s(b)(1), notice is ACTION: Notice of meeting. According to the CBOE, one purpose hereby given that on April 20, 1995, the of the proposal is to eliminate a Chicago Board Options Exchange, Inc. SUMMARY: This is to give notice that the jurisdictional loophole whereby a CBOE Securities and Exchange Commission (‘‘CBOE’’ or ‘‘Exchange’’) filed with the member, who exceeds position or Advisory Committee on the Capital Securities and Exchange Commission exercise limits on another options Formation and Regulatory Processes (‘‘SEC’’ or ‘‘Commission’’) the proposed exchange in an option class not listed will meet on June 15, 1995 in room rule change as described in Items I, II, on the CBOE and who is not a member 1C30 at the Commission’s main offices, and III below, which Items have been of the other exchange, falls outside of 450 Fifth Street, N.W., Washington, prepared by the self-regulatory both the CBOE’s and the other options D.C., beginning at 2:00 p.m. The organization. The Commission is meeting will be open to the public, and publishing this notice to solicit 1 Position limits impose a ceiling on the number the public is invited to submit written comments on the proposed rule change of option contracts in each class on the same side from interested persons. of the market i.e., aggregating long calls and short comments to the Committee. puts or long puts and short calls) that can be held ADDRESSES: Written comments should I. Self-Regulatory Organization’s or written by an investor or group of investors be submitted in triplicate and should Statement of the Terms of Substance of acting in concern. Exercise limits prohibit an the Proposed Rule Change investor or group of investors acting in concert from refer to File No. 265–20. Comments exercising more than a specified number of puts or should be submitted to Jonathan G. The CBOE proposes to amend CBOE calls in a particular class within five consecutive Katz, Secretary, Securities and Exchange Rules 4.11, ‘‘Position Limits,’’ and 4.12, business days. Commission, 450 Fifth Street, N.W., 2 See Securities Exchange Act Release No. 33283 ‘‘Exercise Limits,’’ to require CBOE (December 3, 1993), 58 FR 65204 (December 13, Washington, D.C. 20549. members who trade on-CBOE listed 1993) (order approving File No. SR–CBOE–93–43) FOR FURTHER INFORMATION CONTACT: option contracts and who are not (‘‘Position Limit Approval Order’’). Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices 28433 exchange’s jurisdiction for position and particular, in that it is designed to For the Commission, by the Division of exercise limit purposes. The CBOE remove impediments to a free and open Market Regulation, pursuant to delegated notes that while CBOE Rules 4.11 and market and to protect investors and the authority.5 4.12 prohibit excessive positions or public interest. Margaret H. McFarland, exercises in CBOE listed option (B) Self-Regulatory Organization’s Deputy Secretary. contracts, the CBOE’s rules do not Statement on Burden on Competition [FR Doc. 95–13219 Filed 5–30–95; 8:45 am] currently prohibit a CBOE member from exceed applicable limits set by another The CBOE does not believe that the BILLING CODE 8010±01±M exchange for non-CBOE listed option proposed rule change will impose any contracts. If the CBOE member is not a burden on competition. [Release No. 34±35757; File No. SR±PSE± member of the other exchange which (C) Self-Regulatory Organization’s 95±15 lists the option contracts, then the other Statement on Comments on the exchange cannot enforce its position Proposed Rule Change Received From Self Regulatory Organizations; Notice and exercise requirements against the Members, Participants or Others CBOE member either. of Filing and Immediate Effectiveness The proposed amendments will No written comments were solicited of Proposed Rule Change by the extend CBOE Rules 4.11 and 4.12 to or received with respect to the proposed Pacific Stock Exchange, Inc. Relating apply to option contracts dealt in on any rule change. to Administrative ``Late'' Charges exchange (rather than only to option III. Date of Effectiveness of the May 24, 1995. contracts dealt in on the CBOE) by Proposed Rule Change and Timing for requiring a CBOE member who is Commission Action Pursuant to Section 19(b)(1) of the effecting transactions in non-CBOE Securities Exchange Act of 1934 listed option contracts on another Within 35 days after the publication of this notice in the Federal Register or (‘‘Act’’), 15 U.S.C. 78s(b)(1), notice is exchange, of which he or she is not a hereby given that on May 16, 1995, the member, to comply with the position within such longer period (i) as the Commission may designate up to 90 Pacific Stock Exchange, Inc. (‘‘PSE’’ or and exercise limits set by the exchange ‘‘Exchange’’) filed with the Securities on which the transaction is effected. days of such date if it finds such longer and Exchange Commission Thus, a CBOE members’s customer period to be appropriate and publishes (‘‘Commission’’ or ‘‘SEC’’) the proposed transactions in non-Exchange listed its reason for so finding or (ii) as to options will be brought within the which the self-regulatory organization rule change as described in Items I, II CBOE’s jurisdiction for position and consents, the Commission will: and III below, which Items have been (a) by order approve such proposed exercise limit purposes, if and when the prepared by the self-regulatory rule change, or organization. The Commission is other exchange on which the excessive (b) institute proceedings to determine transactions are effected does not have publishing this notice to solicit whether the proposed rule change comments on the proposed rule change member jurisdiction over the CBOE should be disapproved. member. from interested persons. According to the CBOE, other national IV. Solicitation of Comments I. Self-Regulatory Organization’s securities exchange have noted a similar Interested persons are invited to jurisdictional shortfall. The CBOE Statement of the Terms of Substance of submit written data, views and the Proposed Rule Change anticipates that other exchanges will arguments concerning the foregoing. propose similar options position and Persons making written submissions The PSE is proposing to amend its exercise limit rule changes so that should file six copies thereof with the Schedule of Rates to establish a late jurisdiction will be expanded uniformly Secretary, Securities and Exchange charge, applicable to members and and coherently among the exchanges. Commission, 450 Fifth Street, N.W., member organizations, for the failure to In addition, the CBOE proposes to Washington, D.C. 20549. Copies of the amend CBOE Rule 4.12 exercise limits pay Exchange dues, fees, fines or submission, all subsequent charges that are past due. to correlate to current CBOE position amendments, all written statements limits. Accordingly, the exercise limits with respect to the proposed rule II. Self-Regulatory Organization’s will be increased to 4,500, 7,500, or change that are filed with the Statement of the Purpose of, and 10,500 option contracts. Inadvertently, Commission, and all written Statutory Basis for, the Proposed Rule the CBOE’s exercise limits were not communications relating to the Change increased when the equity option proposed rule change between the position limits were increased in Commission and any person, other than In its filing with the Commission, the 3 December 1993. those that may be withheld from the self-regulatory organization included Finally, the CBOE proposes to amend public in accordance with the statements concerning the purpose of CBOE Rules 4.11 and 4.12 to reflect that provisions of 5 U.S.C. 552, will be and basis for the proposed rule change position and exercise limits are not available for inspection and copying at and discussed any comments it received fixed by the staff of the Exchange, rather the Commission’s Public Reference on the proposed rule change. The text than by the Board.4 Section, 450 Fifth Street, N.W., of these statements may be examined at The CBOE believes that the proposed Washington, D.C. Copies of such filing rule change is consistent with Section the places specified in Item IV below. will also be available for inspection and The self-regulatory organization has 6(b) of the Act, in general, and furthers copying at the principal office of the the objectives of section 6(b)(5), in prepared summaries, set forth in above-mentioned self-regulatory Sections A, B, and C below, of the most organization. All submissions should 3 See Position Limit Approval Order, Supra note significant aspects of such statements. 2. refer to the file number in the caption 4 The Commission notes that any proposal to above and should be submitted by June revise the Exchange’s position and exercise limits 21, 1995. must be filed with the Commission pursuant to Section 19(b)(2) under the Act. 5 17 CFR 200.30–3(a)(12) (1994). 28434 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices A. Self-Regulatory Organization’s B. Self-Regulatory Organization’s For the Commission, by the Division of Statement of the Purpose of, and Statement on Burden on Competition Market Regulation, pursuant to delegated Statutory Basis for, the Proposed Rule authority. Change The Exchange does not believe that Margaret H. McFarland, the proposed rule change will impose Deputy Secretary. 1. Purpose any burden on competition that is not [FR Doc. 95–13218 Filed 5–30–95; 8:45 am] necessary or appropriate in furtherance The Exchange is proposing to BILLING CODE 8010±01±M of the purposes of the Act. establish an administrative charge applicable to members and member C. Self-Regulatory Organization’s organizations that are substantially late Statement on Comments on the DEPARTMENT OF TRANSPORTATION in making payments to the Exchange of Proposed Rule Change Received from Research and Special Programs dues, fees, fines, or other charges. The Members, Participants or Others Administration purpose of the rule change is to recover the Exchange’s costs in seeking to Written comments on the proposed Pipeline Safety User Fees collect such payments when they are rule change were neither solicited nor past due and to encourage members and received. AGENCY: Research and Special Programs member organizations to make such Administration, (RSPA), DOT. III. Date of Effectiveness of the payments in a timely manner. ACTION: Notice. Proposed Rule Change and Timing for Currently, the Exchange provides Commission Action SUMMARY: This notice announces that invoices and related notices to members the fiscal year 1995 user fee assessments as follows: An initial invoice is sent to The foregoing rule change establishes for pipeline facilities were mailed to members approximately five days after or changes a due, fee, or other charge pipeline operators the week of April 3, a given month in which dues, fees and imposed by the Exchange and therefore 1995. other charges are accrued (e.g., on has become effective pursuant to FOR FURTHER INFORMATION CONTACT: Lisa March 5, a member is billed for fees and Section 19(b)(3)(A) of the Act and Kokoszka, (202) 366–4554, U.S. charges accrued in February). If no subparagraph (e) of Rule 19b–4 Department of Transportation, RSPA, payment is made on the invoice within thereunder. At any time within 60 days Office of Pipeline Safety, 400 Seventh one month, the Exchange sends the of the filing of such proposed rule Street SW., Washington, DC, 20590, member a ‘‘late’’ notice on the tenth day change, the Commission may summarily regarding the subject matter of this of the month following the month in abrogate such rule change if it appears notice. which the invoices was issued (e.g., on to the Commission that such action is SUPPLEMENTARY INFORMATION: The fee to April 10). Thereafter, if no payment is necessary or appropriate in the public be assessed for Natural Gas made by the 20th of that same month interest, for the protection of investors, Transmission, Hazardous Liquid and (i.e., April 20), the Exchange sends such or otherwise in furtherance of the Liquefied Natural Gas (LNG) are as member a second ‘‘late’’ notice. Under purposes of the Act. indicated below: the proposal, the Exchange would apply Natural gas transmission pipelines: a late charge concurrently with the IV. Solicitation of Comments $95.57 per mile (based on 299,077 miles issuance of the second ‘‘late’’ notice. Intereste persons are invited to submit of pipeline). Hazardous liquid pipelines: $47.03 The amount of the late charge would written data, views and arguments per mile (based on 154,233 miles of be as follows: $250.00 or 1.0 percent of concerning the foregoing. Persons the invoice amount (whichever is pipeline). making written submissions should file LNG is based on the number of plants greater) upon the first occurrence of a six copies thereof with the Secretary, second ‘‘late’’ notice within a 12-month and total storage capacity: Securities and Exchange Commission, period; and $500 or 1.5 percent of the 450 Fifth Street NW., Washington, DC invoice amount (whichever is greater) if Total storage capacity BBLS Assess- 20549. Copies of the submission, all ment/plant the member receives two or more subsequent amendments, all written second ‘‘late’’ notices within a 12-month <10,000 ...... = $1,250 period. For purposes of this provision, statements with respect to the proposed 10,000±100,000 ...... = 2,500 a member is ‘‘late’’ if the Exchange has rule change that are filed with the 100,000±250,000 ...... = 3,750 sent such member a ‘‘second late Commission, and all written 250,000±500,000 ...... = 5,000 notice’’ on a previous occasion. communications relating to the >500,000 ...... = 7,500 proposed rule change between the Although Article XIV, Section 1(b) of Commission and any person, other than Section 60301 of Title 49, U.S.C.,1 the PSE Constitution permits the those that may be withheld from the authorizes the assessment and Exchange to suspend members and public in accordance with the collection of pipeline user fees to fund member organizations for such non- provisions of 5 U.S.C. 552, will be the pipeline safety activities conducted payment, the Exchange believes that the available for inspection and copying at under 49 U.S.C. 60101 et seq. The proposed charge will help to encourage the Commission’s Public Reference Research and Special Program members to pay their bills promptly, Administration (RSPA) assesses each Section, 450 Fifth Street NW., before a suspension is necessary. operator of regulated interstate and Washington, DC 20549. Copies of such intrastate natural gas transmission 2. Statutory Basis filing will also be available for pipelines (as defined in 49 CFR Part inspection and copying at the principal The Exchange believes that the office of the PSE. All submissions proposed rule change is consistent with 1 Formally section 7005 of the Consolidated should refer to File No. SR–PSE–95–15 Section 6(b)(4) of the Act in that it Omnibus Budget Reconciliation Act of 1985 (Pub.L. and should be submitted by June 21, 99–272). The change in citation is the result of the provides for the equitable allocation of 1995. enactment, on July 5, 1994, of Pub. L. 103–272, reasonable charges among its members. which codified various transportation laws. Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices 28435 192), and hazardous liquid pipelines several operators, and two major gas to take any and all appropriate action to carrying petroleum, petroleum products, pipeline trade organizations opposed protect the President of the United anhydrous ammonia and carbon dioxide collecting the fee twice within calendar States and other protectees as described (as defined in 49 CFR Part 195) a share year 1995. These commenters stated that in 18 U.S.C. 3056(a). In furtherance of of the total Federal pipeline safety the budgets of most companies are these responsibilities, Secretary Bentsen program costs in proportion to the prepared by calendar year, and that commenced a review of the security number of miles of pipeline each companies have planned for only one arrangments at the White House (the operator has in service. Operators of assessment in 1995. The commenters Review). The Review is not able to LNG facilities are assessed based on recommended moving the two identify any alternative to prohibiting total storage capacity (as defined in 49 assessment dates to 1996, which would vehicular traffic on Pennsylvania CFR Part 193). give companies time to plan their Avenue that would ensure the A final rule on hazardous liquid budgets. pipelines operating at 20 percent or less Response: RSPA agrees that assessing protection of the President and others in of specified minimum yield strength the user fee twice in calendar year 1995 the White House Complex from (low stress pipelines), was published in may be burdensome for the pipeline explosive devices carried by vehicles the Federal Register on July 12, 1994 operators. Therefore, RSPA will assess near the perimeter. (58 FR 12213, July 12, 1994). This rule only once in 1995. In 1996, RSPA will Therefore, I have determined based became effective on August 11, 1994. send out two assessments. The first upon the Review’s work and Because of this regulation, low stress assessment in 1996 will be January 31, conclusions that it is necessary to make pipeline mileage must be included in 1996, and the second will be in the secure the perimeter of the White the fiscal year 1995 user fee October-December 1996 timeframe. This House. assessments. Low Stress Pipelines should provide ample budgetary By virtue of the authority vested in include pipelines that carry highly preparation time. volatile liquids (HVL), pipelines or Additional comments received by the Secretary of the Treasury, including, pipeline segments in populated areas, RSPA in response to the February 3, but not limited to, the authority vested and pipelines or pipeline segments in 1995, notice are currently being by 31 U.S.C. 321, 18 U.S.C. 3056 and 3 navigable waterways. Onshore rural reviewed and will be addressed in the U.S.C. 202, it is ordered that: gathering pipelines, pipelines that near future. 1. The Director, United States Secret operate at less than 20% of SMYS (non- Collection Dates: In accordance with Service, is directed to close to vehicular HVL located outside populated areas the regulations of the Department of the traffic the following streets in order to and navigable waterways), and other Treasury, user fees will be due 30 days secure the perimeter of the White pipelines excluded from regulation by after the date of the assessment. Interest, House: (i) The segment of Pennsylvania 49 CFR 195, should not be included. penalties, and administrative charges Avenue, Northwest, in front of the In accordance with the provisions of will be assessed on delinquent debts in White House between Madison Place, 49 U.S.C. 60301, Departmental accordance with 31 U.S.C. 3717. resources were taken into consideration Northwest, and 17th Street, Northwest; Issued in Washington, DC on May 24, and (ii) State Place, Northwest, and the for determining total program costs. The 1995. apportionment ratio between gas and segment of South Executive Avenue, Ana Sol Gutie´rrez, liquid is shown below: Northwest, that connects into State Deputy Administrator, Research and Special Place, Northwest (see attached map). Programs Administration. General pro- General pro- 2. I hereby delegate to the Director, Year(s) gram costs gram costs [FR Doc. 95–13222 Filed 5–30–95; 8:45 am] United States Secret Service, all (gas) (liquid) BILLING CODE 4910±60±P necessary authority to carry out such 1986±1990 .... 80% ...... 20% street closings. 1991±1992 .... 75% ...... 25% 3. This Order shall take effect May 19, 1993 ...... 75% (3¤4 yr.) . 25% (3¤4 yr.) DEPARTMENT OF THE TREASURY 1 1 1995. 60% ( ¤4 yr.). 40% ( ¤4 yr.) [Treasury Order Number 170±09] 1994 ...... 60% ...... 40% Robert E. Rubin, 1995 ...... 75% ...... 25% Direction to the Director, United States Secretary of the Treasury. Secret Service, to Close Streets BILLING CODE 4810±25±P Comments: On Friday, February 3, Necessary To Make the White House 1995, a notice of agency action and Perimeter Secure; Delegation of request for comments was issued (60 FR Authority 6767, Feb. 3, 1995), regarding proposed changes in administering user fee May 19, 1995. assessments. Seven pipeline operators, As Secretary of the Treasury, I am one commenter acting as an agent for authorized to direct the Secret Service 28436 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices [FR Doc. 95–13155 Filed 5–30–95; 8:45 am] BILLING CODE 4810±25±C 28437 Sunshine Act Meetings Federal Register Vol. 60, No. 104 Wednesday, May 31, 1995 This section of the FEDERAL REGISTER UNITED STATES INTERNATIONAL TRADE of China and South Africa)—briefing and contains notices of meetings published under COMMISSION vote. the ``Government in the Sunshine Act'' (Pub. 5. Outstanding action jackets: none. L. 94-409) 5 U.S.C. 552b(e)(3). TIME AND DATE: June 2, 1995, at 11:00 a.m. In accordance with Commission PLACE: Room 101, 500 E Street S.W., policy, subject matter listed above, not BOARD OF GOVERNORS OF THE FEDERAL Washington, DC 20436. disposed of at the scheduled meeting, RESERVE SYSTEM STATUS: Open to the public. may be carried over to the agenda of the following meeting. TIME AND DATE: 11:00 a.m., Monday, June MATTERS TO BE CONSIDERED: Issued: May 25, 1995. 5, 1995. 1. Agenda for future meeting. Donna R. Koehnke, PLACE: William McChesney Martin, Jr. 2. Minutes. Secretary. 3. Ratification List. [FR Doc. 95–13349 Filed 5–30–95; 8:45 am] Federal Reserve Board Building, C 4. Inv. No. 731–TA–700 (Final) (Disposable Street entrance between 20th and 21st Lighters from the People’s Republic of BILLING CODE 7020±02±M Streets, N.W., Washington, D.C. 20551. China)—briefing and vote. 5. Outstanding action jackets: none. STATUS: Closed. NATIONAL TRANSPORTATION SAFETY BOARD In accordance with Commission MATTERS TO BE CONSIDERED: policy, subject matter listed above, not TIME AND DATE: 9:30 a.m., Tuesday, June 6, 1995. 1. Personnel actions (appointments, disposed of at the scheduled meeting, promotions, assignments, reassignments, and may be carried over to the agenda of the PLACE: The Board Room, 5th Floor, 490 salary actions) involving individual Federal following meeting. L’Enfant Plaza, S.W., Washington, D.C. Reserve System employees. Issued: May 25, 1995. 20594. 2. Any items carried forward from a Donna R. Koehnke, STATUS: Open. previously announced meeting. Secretary. MATTERS TO BE CONSIDERED: [FR Doc. 95–13348 Filed 5–30–95; 8:45 am] CONTACT PERSON FOR MORE INFORMATION: BILLING CODE 7020±02±M 6405B Special Investigation Report: Mr. Joseph R. Coyne, Assistant to the Robinson R22 Helicopter Loss of Main Rotor Board; (202) 452–3204. You may call Control and In-flight Breakup Accidents. (202) 452–3207, beginning at UNITED STATES INTERNATIONAL TRADE 6458A Briefs of Highway Accidents: approximately 5 p.m. two business days COMMISSION Weatherford, Texas, 7/3/94 and Hooks, Texas, 8/8/94. before this meeting, for a recorded TIME AND DATE: June 6, 1995 at 2:30 p.m. NEWS MEDIA CONTACT: Telephone: (202) announcement of bank and bank PLACE: Room 101, 500 E Street S.W., 382–0660. holding company applications Washington, DC 20436. scheduled for the meeting. STATUS: Open to the public. FOR MORE INFORMATION CONTRACT: Bea Dated: May 26, 1995. Hardesty, (202) 382–6525. MATTERS TO BE CONSIDERED: Jennifer J. Johnson, Dated: May 26, 1995. 1. Agenda for future meeting. Bea Hardesty, Deputy Secretary of the Board. 2. Minutes. Federal Register Liaison Officer. [FR Doc. 95–0000 Filed 5–30–95; 8:45 am] 3. Ratification List. BILLING CODE 6210±01±M 4. Inv. No. 731–TA–703–704 (Final) [FR Doc. 95–13450 Filed 5–30–95; 8:45 am] (Furfuryl Alcohol from the People’s Republic BILLING CODE 7533±01±M federal register May 31,1995 Wednesday Formula Grants;FinalRule 28 CFRPart31 Prevention Juvenile JusticeandDelinquency Office ofJusticePrograms; Justice Department of Part II 28439 28440 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations DEPARTMENT OF JUSTICE correction implemented the 1992 Regulatory Flexibility Act reauthorization statutory amendments This final regulation, does not have a Office of Justice Programs that impact the Formula Grants ‘‘significant’’ economic impact on a Program. These statutory changes Office of Juvenile Justice and substantial number of small ‘‘entities’’, include: a formula grant fund allocation Delinquency Prevention as defined by the Regulatory Flexibility minimum base for participating States Act (Pub. L. 96–354). 28 CFR Part 31 and territories; elimination of the ‘‘substantial compliance criteria’’ with Paperwork Reduction Act [OJP No. 1000F] respect to the deinstitutionalization of No collection of information RIN 1121±AA28 status offenders and jail and lockup requirements are contained in or removal requirements because full effected by this regulation (See the Formula Grants compliance is required; a requirement Paperwork Reduction Act, 44 U.S.C. that there be separate juvenile and adult 3504(h)). May 22, 1995. staff with respect to management, AGENCY: Office of Justice Programs, security and direct care in juvenile Intergovernmental Review of Federal Office of Juvenile Justice and detention facilities that are collocated Programs Delinquency Prevention, Justice. with an adult jail or lockup. The final In accordance with Executive Order ACTION: Republication. Regulation includes the requirement 12372 and the Department of Justice’s that collocated juvenile detention implementing regulation 28 CFR Part SUMMARY: This document is published facilities approved by the State and 31, States must submit formula grant to consolidate the Formula Grants concurred with by OJJDP on or before applications to the State ‘‘Single Point Regulation for ease of use by grantees. June 30, 1995, be reviewed against the of Contact,’’ if one exists. The State may This document reflects the regulatory criteria and OJJDP policies in take up to 60 days from the application consolidation of the revisions to the effect at the time of the initial approval date to comment on the application. Formula Grants Regulation published in and concurrence. Facilities approved the Federal Register on March 10, 1995 after the effective date of the Regulation List of Subjects in 28 CFR Part 31 and corrections published on April 21, and prior to July 1, 1995, will be Grant programs—law, Juvenile 1995. reviewed against the regulatory criteria delinquency, Reporting and EFFECTIVE DATE: The final regulation in effect on the day before the effective recordkeeping r equirements. became effective on March 10, 1995. date of the Regulation. For collocated For the reasons set out in the FOR FURTHER INFORMATION CONTACT: juvenile detention facilities considered preamble, Title 28, Chapter I, Part 31 of Roberta Dorn, Director, State Relations after June 30, 1995, OJJDP’s concurrence the Code of Federal Regulations is and Assistance Division, Office of is limited to one year and, thereafter, republished for the convenience of the Juvenile Justice and Delinquency will be reviewed on an annual basis. reader as follows: Prevention, 633 Indiana Avenue, NW., The Regulation eliminated the Room 543, Washington, DC 20531; (202) requirement that in order for a PART 31±FORMULA GRANTS 307–5924. collocated juvenile detention facility to receive OJJDP’s initial and subsequent Subpart AÐGeneral Provisions SUPPLEMENTARY INFORMATION: This concurrences, the facility could only Sec. document contains the entire text of the provide secure custody for juvenile 31.1 General. Formula Grants Regulation, 28 CFR Part criminal-type offenders, status offenders 31.2 Statutory authority. 31, including recently made changes accused of violating a valid court order, 31.3 Formula Grant Plan and Applications. and corrections. On March 10, 1995, the and adjudicated delinquents and valid Subpart BÐEligible Applicants Office of Juvenile Justice and court order violators who are awaiting Delinquency Prevention (OJJDP) 31.100 Eligibility. disposition hearings or transfer to a long 31.101 Designation of State Agency. published in the Federal Register the term juvenile correctional facility. 31.102 State agency structure. final Formula Grants Regulation 31.103 Membership of supervisory board. revising 28 CFR part 31. The regulation Executive Order 12866 Subpart CÐGeneral Requirements revisions provided clarification and This final regulation in not a guidance to States in the formulation, ‘‘significant regulatory action’’ for 31.200 General. submission and implementation of the purposes of Executive Order 12866 31.201 Audit. State Formula Grants Program under because it does not result in: (1) an 31.202 Civil rights. Part B of Title II of the Juvenile Justice 31.203 Open meetings and public access to annual effect on the economy of $100 records. and Delinquency Prevention Act of million or more or adversely affect in a 1974, as amended by the Juvenile material way the economy, a sector of Subpart DÐJuvenile Justice Act Justice and Delinquency Prevention the economy, productivity, competition, Requirements Amendments of 1992 (Pub. L. 102–586, jobs, the environment, public health or 31.300 General. November 18, 1992). On April 21, 1995 safety, or State, local or tribal 31.301 Funding. (60 FR 19847), OJJDP published in the governments or communities; (2) create 31.302 Applicant State agency. Federal Register corrections to the final a serious inconsistency or otherwise 31.303 Substantive requirements. Regulation because the Final interfere with action taken or planned 31.304 Definitions. Regulation, as published on March 10, by another agency; (3) materially alter Subpart EÐGeneral Conditions and 1995 (60 FR 13330), was an earlier draft the budgetary impact of entitlements, Assurances version that was materially different grants, user fees, or loan programs or the 31.400 Compliance with statute. from the final draft that was intended to rights and obligations of recipients 31.401 Compliance with other Federal laws, be published. thereof; and (4) does not raise novel orders, circulars. The major changes to the Final legal or policy issues arising out of legal 31.402 Application on file. Regulation made in the March 10, 1995 mandates, the President’s priorities or 31.403 Civil rights requirements. revision and subsequent April 21, 1995 the principles of Executive Order 12866. Authority: 42 U.S.C. 5601 et seq. Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations 28441 Subpart AÐGeneral Provisions responsibilities imposed by the JJDP Administrator and will require, at a Act; minimum, ‘‘balanced representation’’ of § 31.1 General. (b) Has a supervisory board (i.e., a juvenile justice interests. This part defines eligibility and sets board of directors, commission, forth requirements for application for committee, council, or other policy Subpart CÐGeneral Requirements board) which has responsibility for and administration of formula grants to § 31.200 General. State governments authorized by part B, supervising the preparation and subpart I, of the Juvenile Justice and administration of the plan and its This subpart sets forth general Delinquency Prevention Act. implementation; and requirements applicable to formula (c) Has sufficient staff and staff grant recipients under the JJDP Act of § 31.2 Statutory authority. capability to carry out the board’s 1974, as amended. Applicants must The Statute establishing the Office of policies and the agency’s duties and assure compliance or submit necessary Juvenile Justice and Delinquency responsibilities to administer the information on these requirements. program, develop the plan, process Prevention and giving authority to make § 31.201 Audit. grants for juvenile justice and applications, administer grants awarded delinquency prevention improvement under the plan, monitor and evaluate The State must assure that it adheres programs is the Juvenile Justice and programs and projects, provide to the audit requirements enumerated in Delinquency Prevention Act of 1974, as administration/support services, and the ‘‘Financial and Administrative amended (42 U.S.C. 5601 et seq.). perform such accountability functions Guide for Grants, Guide Manual 7100.1 as are necessary to the administration of (current edition). Chapter 8 of the § 31.3 Formula grant plan and applications Federal funds, such as grant close-out Manual contains a comprehensive Formula Grant Applications for each and audit of subgrant and contract statement of audit policies and Fiscal Year should be submitted to funds. At a minimum, one full-time requirements relative to grantees and OJJDP by August 1st (60 days prior to Juvenile Justice Specialist must be subgrantees. the beginning of the fiscal year) or assigned to the Formula Grants Program § 31.202 Civil rights. within 60 days after the States are by the State agency. Where the State (a) To carry out the State’s Federal officially notified of the fiscal year does not currently provide or maintain civil rights responsibilities the plan formula grant allocations. Beginning a full-time Juvenile Justice Specialist, must: with FY 1995 and each subsequent the plan must clearly establish and (1) Designate a civil rights contact fiscal year, all Formula Grant document that the program and person who has lead responsibility in Applications are due no later than administrative support staff resources insuring that all applicable civil rights March 31 of the fiscal year for which the currently assigned to the program will requirements, assurances, and funds are allocated. temporarily meet the adequate staff requirement, and provide an assurance conditions are met and who shall act as Subpart BÐEligible Applicants that at least one full-time Juvenile liaison in all civil rights matters with Justice Specialist will be assigned to the OJJDP and the OJP Office of Civil Rights § 31.100 Eligibility. Formula Grants Program by the end of Compliance (OCRC); and All States as defined by section 103(7) FY 1995 (September 30, 1995). (2) Provide the Council’s Equal of the JJDP Act. Employment Opportunity Program § 31.103 Membership of supervisory (EEOP), if required to maintain one § 31.101 Designation of State agency. board. under 28 CFR 42.301, et seq., where the The Chief Executive of each State The State advisory group appointed application is for $500,000 or more. which chooses to apply for a formula under section 223(a)(3) may operate as (b) The application must provide grant shall establish or designate a State the supervisory board for the State assurance that the State will: agency as the sole agency for agency, at the discretion of the (1) Require that every applicant supervising the preparation and Governor. Where, however, a State has required to formulate an EEOP in administration of the plan. The plan continuously maintained a broad-based accordance with 28 CFR 42.201 et seq., must demonstrate compliance with law enforcement and criminal justice submit a certification to the State that it administrative and supervisory board supervisory board (council) meeting all has a current EEOP on file, which meets membership requirements established the requirements of section 402(b)(2) of the requirement therein; by the OJJDP Administrator pursuant to the Justice System Improvement Act of (2) Require that every criminal or Section 299 (c) of the JJDP Act. States 1979, and wishes to maintain such a juvenile justice agency applying for a must have available for review a copy of board, such composition shall continue grant of $500,000 or more submit a copy the State law or executive order to be acceptable provided that the of its EEOP (if required to maintain one establishing the State agency and its board’s membership includes the under 28 CFR 42.301, et seq.) to OCRC authority. chairman and at least two additional at the time it submits its application to citizen members of the State advisory the State; § 31.102 State agency structure. group. For purposes of this requirement (3) Inform the public and subgrantees The State agency may be a discrete a citizen member is defined as any of affected persons’ rights to file a unit of State government or a division person who is not a full-time complaint of discrimination with OCRC or other component of an existing State government employee or elected for investigation; crime commission, planning agency or official. Any executive committee of (4) Cooperate with OCRC during other appropriate unit of State such a board must include the same compliance reviews of recipients government. Details of organization and proportion of juvenile justice advisory located within the State; and structure are matters of State discretion, group members as are included in the (5) Comply, and that its subgrantees provided that the agency: total board membership. Any other and contractors will comply with the (a) Is a definable entity in the proposed supervisory board requirement that, in the event that a executive branch with the requisite membership is subject to case by case Federal or State court or administrative authority to carry out the review and approval of the OJJDP agency makes a finding of 28442 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations discrimination of the basis of race, 223(a)(5)(C) of the JJDP Act, each of the adequately takes into account the color, religion, national origin, or sex standards set forth in paragraphs juvenile justice needs and requests of (after a due process hearing) against a (b)(1)(i) through (111) of this section those Indian tribes within the state. State or a subgrantee or contractor, the must be met in order to establish the (c) Match. Formula grants under the affected recipient or contractor will eligibility of Indian tribes to receive JJDP Act shall be 100% of approved forward a copy of the finding to OCRC. pass through funds: costs, with the exception of planning (1) (i) The tribal entity must be and administration funds, which require § 31.203 Open meetings and public access recognized by the Secretary of the a 100 percent cash match (dollar for to records. Interior as an Indian tribe that performs dollar), and construction projects The State must assure that the State law enforcement functions as defined in funded under section 299C(a)(2) which agency, its supervisory board paragraph (b) (2) of this section. also require a 100 percent cash match. established pursuant to section 299(c) (ii) The tribal entity must agree to (d) Funds for Administration. Not and the State advisory group established attempt to comply with the more than ten percent of the total pursuant to section 223(a)(3) will follow requirements of section 223(a)(12)(A), annual Formula Grant award may be applicable State open meeting and (13), and (14) of the JJDP Act; and utilized to develop the annual juvenile public access laws and regulations in (iii) The tribal entity must identify the justice plan and pay for administrative the conduct of meetings and the juvenile justice needs to be served by expenses, including project monitoring. maintenance of records relating to their these funds within the geographical area These funds are to be matched on a functions. where the tribe performs law dollar for dollar basis. The State shall enforcement functions. make available needed funds for Subpart DÐJuvenile Justice Act (2) ‘‘Law enforcement functions’’ are planning and administration to units of Requirements deemed to include those activities local government on an equitable basis. § 31.300 General. pertaining to the custody of children, Each annual application must identify This subpart sets forth specific JJDP including, but not limited to, police uses of such funds. Act requirements for application and efforts to prevent, control, or reduce (e) Nonparticipating States. Pursuant receipt of formula grants. crime and delinquency or to apprehend to section 223(d), the OJJDP criminal and delinquent offenders, and/ Administrator shall endeavor to make § 31.301 Funding. or activities of adult and juvenile the fund allotment under section 222(a), (a) Allocation to States. Funds shall corrections, probation, or parole of a State which chooses not to be allocated annually among the States authorities. participate or loses its eligibility to on the basis of relative population of (3) To carry out this requirement, participate in the formula grant persons under age eighteen. If the OJJDP will annually provide each state program, directly available to local amount allocated for Title II (other than with the most recent Bureau of Census public and private nonprofit agencies parts D and E) of the JJDP Act is less statistics on the number of persons within the nonparticipating State. The than $75 million, the amount allocated under age 18 living within the state, and funds may be used only for the to each State will not be less than the number of persons under age 18 purpose(s) of achieving $325,000, nor more than $400,000, who reside in geographical areas where deinstitutionalization of status offenders provided that no State receives less than Indian tribes perform law enforcement and nonoffenders, separation of its allocation for FY 1992. The functions. juveniles from incarcerated adults, territories will receive not less than (4) Pass-through funds available to removal of juveniles from adult jails and $75,000 or more than $100,000. If the tribal entities under section 223(a)(5)(C) lockups, and reducing the amount appropriated for Title II (other shall be made available within states to disproportionate confinement of than parts D and E) is $75 million or Indian tribes, combinations of Indian minority youth in secure facilities. more, the amount allocated for each tribes, or to an organization or Absent a request for extension which State will be not less than $400,000, nor organizations designated by such demonstrates compelling circumstances more than $600,000, provided that parts tribe(s), that meet the standards set forth justifying the reallocation of formula D and E have been funded in the full in paragraphs (b)(1)(i)–(iii) of this grant funds back to the State to which amounts authorized. For the Territories, section. Where the relative number of the funds were initially allocated, or the the amount is fixed at $100,000. For persons under age 18 within a proceedings under section 223(d), each of FY’s 1994 and 1995, the geographic area where an Indian tribe formula grant funds allocated to a State minimum allocation is established at performs law enforcement functions is which has failed to submit an $600,000 for States and $100,000 for too small to warrant an individual application, plan, or monitoring data Territories. subgrant or subgrants, the state may, establishing its eligibility for the funds (b) Funds for Local Use. At least two- after consultation with the eligible will, beginning with FY 1995 be thirds of the formula grant application tribe(s), make pass-through funds reallocated to the nonparticipating State to the state (other than the section available to a combination of eligible program on September 30 of the fiscal 222(d) State Advisory Group set aside) tribes within the state, or to an year for which the funds were must be used for programs by local organization or organizations designated appropriated. Reallocated funds will be government, local private agencies, and by and representing a group of competitively awarded to eligible eligible Indian tribes, unless the State qualifying tribes, or target the funds on recipients pursuant to program applies for and is granted a waiver by the larger tribal jurisdictions within the announcements published in the the OJJDP. The proportion of pass- state. Federal Register. through funds to be made available to (5) Consistent with section 223(a)(4) eligible Indian tribes shall be based of the JJDP Act, the state must provide § 31.302 Applicant State agency. upon that proportion of the state youth for consultation with Indian tribes or a (a) Pursuant to section 223(a)(1), population under 18 years of age who combination of eligible tribes within the section 223(a)(2) and section 299(c) of reside in geographical areas where the state, or an organization or organizations the JJDP Act, the State must assure that tribes perform law enforcement designated by qualifying tribes, in the the State agency approved under section functions. Pursuant to section development of a state plan which 299(c) has been designated as the sole Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations 28443 agency for supervising the preparation required bases; or by providing in the addressing paragraphs (c)(1) and (2) of and administration of the plan and has State plan that the State agency will this section, provide an assurance that the authority to implement the plan. require an assurance of equitable adequate plans and resources are (b) Advisory Group. Pursuant to treatment by all Formula Grant subgrant available to maintain full compliance. section 223(a)(3) of the JJDP Act, the and contract recipients, and establish as (5) Submit the report required under Chief Executive: a program goal, in conjunction with the section 223(a)(12)(B) of the Act as part (1) Shall establish an advisory group State Advisory Group, the adoption and of the annual monitoring report required pursuant to section 223(a)(3) of the JJDP implementation of a statewide juvenile by section 223(a)(15) of the Act. Act. The State shall provide a list of all justice policy that all youth in the (d) Contact with incarcerated adults. current advisory group members, juvenile justice system will be treated (1) Pursuant to section 223(a)(13) of indicating their respective dates of equitably without regard to gender, race, the JJDP Act the State shall: appointment and how each member family income, and mentally, (i) Separation. Describe its plan and meets the membership requirements emotionally, or physically handicapping procedure, covering the three-year specified in this section of the Act. conditions. OJJDP interprets the section planning cycle, for assuring that the (2) Should consider, in meeting the 223(a)(25) assurance as satisfied by a requirements of this section are met. statutory membership requirements of provision in the State plan for the State The term ‘‘contact’’ is defined to include section 223(A)(3) (A)–(E), appointing at agency and the State Advisory Group to any sight and sound contact between least one member who represents each promulgate policies and budget juveniles in a secure custody status and of the following: A locally elected priorities that require the funding of incarcerated adults, including inmate official representing general purpose programs that are part of a trustees. Sound contact is further local government; a law enforcement comprehensive and coordinated defined to mean any oral officer; representatives of juvenile community system of services as set communication between incarcerated justice agencies, including a juvenile or forth in section 103(19) of the JJDP Act. adults and juveniles. Separation must be family court judge, a probation officer, This requirement is applicable when a accomplished in all secure areas of the a prosecutor, and a person who State’s formula grant for any fiscal year facility which include, but are not routinely provides legal representation exceeds 105 percent of the State’s limited to: sallyports within the secure to youth in juvenile court; a public formula grant for FY 1992. perimeter of the facility, other entry agency representative concerned with (b) Serious Juvenile Offender areas, all passageways (hallways), delinquency prevention and treatment; Emphasis. Pursuant to sections admissions, sleeping, toilet and shower, a representative from a private, non- 101(a)(10) and 223(a)(10) of the JJDP dining, recreational, educational, profit organization, such as a parents Act, OJJDP encourages States that have vocational, health care, and other areas group, concerned with teenage drug and identified serious and violent juvenile as appropriate. alcohol abuse; a high school principal; offenders as a priority problem to (ii) In those instances where accused a recreation director; a volunteer who allocate formula grant funds to programs juvenile criminal-type offenders are works with delinquent or at risk youth; designed for serious and violent authorized to be temporarily detained in a person with a special focus on the juvenile offenders at a level consistent facilities where adults are confined, the family; a youth worker experienced with the extent of the problem as State must set forth the procedures for with programs that offer alternatives to identified through the State planning assuring no sight or sound contact incarceration; persons with special process. Particular attention should be between such juveniles and confined competence in addressing programs of given to improving prosecution, adults. school violence and vandalism and sentencing procedures, providing (iii) Describe the barriers which may alternatives to expulsion and resources necessary for effective hinder the separation of alleged or suspension; and persons with rehabilitation, and facilitating the adjudicated criminal type offenders, knowledge concerning learning coordination of services between the status offenders and non-offenders from disabilities, child abuse, neglect, and juvenile justice and criminal justice incarcerated adults in any particular youth violence. systems. jail, lockup, detention or correctional (c) The State shall assure that it (c) Deinstitutionalization of Status facility. complies with the Advisory Group Offenders and Non-Offenders. Pursuant (iv) Those States which, based upon financial support requirement of section to section 223(a)(12)(A) of the JJDP Act, the most recently submitted monitoring 222(d) and the composition and the State shall: report, have been found to be in function requirements of section (1) Describe its plan, procedure, and compliance with section 223(a)(13) may, 223(a)(3) of the JJDP Act. timetable covering the three-year in lieu of addressing paragraphs planning cycle, for assuring that the (d)(1)(i), (ii), and (iii) of this section, § 31.303 Substantive requirements. requirements of this section are met. provide an assurance that adequate (a) Assurances. The State must certify Refer to § 31.303(f)(3) for the rules plans and resources are available to through the provision of assurances that related to the valid court order maintain compliance. it has complied and will comply (as exception to this Act requirement. (v) Assure that adjudicated offenders appropriate) with sections 223(a)(1), (2), (2) Describe the barriers the State are not reclassified administratively and (3), (4), (5), (6), (7), (8), (9), (10), (11), faces in achieving full compliance with transferred to an adult (criminal) (16), (17), (18), (19), (20), (21), (22), and the provisions of this requirement. correctional authority to avoid the (25), and sections 229 and 261(d), in (3) Federal Wards. Apply this intent of segregating adults and formulating and implementing the State requirement to alien juveniles under juveniles in correctional facilities. This plan. The Formula Grant Application kit Federal jurisdiction who are held in does not prohibit or restrict waiver of provides a form and guidance for the State or local facilities. juveniles to criminal court for provision of assurances. OJJDP (4) DSO compliance. Those States prosecution, according to State law. It interprets the section 223(a)(16) which, based upon the most recently does, however, preclude a State from assurance as satisfied by an affirmation submitted monitoring report, have been administratively transferring a juvenile that State law and/or policy clearly found to be in full compliance with offender to an adult correctional require equitable treatment on the section 223(a)(12)(A) may, in lieu of authority or a transfer within a mixed 28444 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations juvenile and adult facility for placement purpose of monitoring compliance with occur under conditions of separation of with adult criminals either before or section 223(a)12(A), (13) and (14) of the juveniles and adults, can serve both after a juvenile reaches the statutory age JJDP Act. populations (subject to State standards of majority. It also precludes a State (C) A needs based analysis must or licensing requirements). The day to from transferring adult offenders to precede a jurisdiction’s request for State day management, security and direct juvenile correctional authority for approval and be included with the care functions of the juvenile detention placement. request for OJJDP concurrence that a center must be vested in a totally (2) Implementation. The requirement collocated facility qualifies as a juvenile separate staff, dedicated solely to the of this provision is to be planned and detention facility. The needs based juvenile population within the implemented immediately by each analysis should include, but is not collocated facilities; and State. limited to, consideration of such factors (4) In States that have established (e) Removal of Juveniles From Adult as excessive travel time to an existing standards or licensing requirements for Jails and Lockups. Pursuant to section juvenile detention center, crowding in juvenile detention facilities, the juvenile 223(a)(14)of the JJDP Act, the State an existing facility (despite the use of facility must meet the standards (on the shall: objective detention criteria), same basis as a free-standing juvenile (1) Describe its plan, procedure, and obsolescence of an existing facility, and, detention center) and be licensed as timetable for assuring that requirements in areas where there are no juvenile appropriate. If there are no State of this section will be met beginning detention facilities, a measurable standards or licensing requirements, after December 8, 1985. Refer to increase in the need for juvenile then the jurisdiction must cooperate in § 31.303(f)(4) to determine the detention beds. OJJDP’s technical a preapproval review of its physical regulatory exception to this assistance provider to the States should plant, staffing patterns, and programs by requirement. be involved in the needs based analysis an organization selected and (2) Describe the barriers which the (without cost to the State or local compensated by OJJDP. This review will State faces in removing all juveniles jurisdiction). The needs based analysis be based on prevailing national juvenile from adult jails and lockups. This must take into consideration and be detention standards, and will inform the requirement excepts only those coordinated with the State’s plans and State’s approval process and juveniles formally waived or transferred programs designed to establish a concurrence by OJJDP. to criminal court and against whom continuum of detention care and to (ii) The State must initially determine criminal felony charges have been filed, assist detention facilities to provide a that the four criteria are fully met. Upon or juveniles over whom a criminal court full range of services for juvenile such determination, the State must has original or concurrent jurisdiction offenders. submit to OJJDP a request for and such court’s jurisdiction has been (D) Each of the following four criteria concurrence with the State’s finding invoked through the filing of criminal must be met in order to ensure the that a separate juvenile detention felony charges. requisite separateness of a juvenile facility exists. To enable OJJDP to assess (3) Collocated facilities. detention facility that is collocated with the separateness of the two facilities, (i) Determine whether or not a facility an adult jail or lockup: sufficient documentation must in which juveniles are detained or (1) Total separation between juvenile accompany the request to demonstrate confined is an adult jail or lockup. The and adult facility spatial areas such that that each criterion has been met. It is JJDP Act prohibits the secure custody of there could be no sight or sound contact incumbent upon the State to make the juveniles in adult jails and lockups, between juveniles and incarcerated initial determination through an on-site except as otherwise provided under the adults in the facility. Total separation of facility (or full construction and Act and implementing OJJDP spatial areas can be achieved operations plan) review and, through regulations. Juvenile facilities collocated architecturally, and must provide for no the exercise of its oversight with adult facilities are considered adult common use areas (time-phasing is not responsibility, to ensure that the jails or lockups unless the paragraph permissible). separate character of the juvenile (e)(3)(i)(D)(1)–(4) criteria established in (2) Total separation in all juvenile and detention facility is maintained by this section are complied with and the adult program areas, including continuing to fully meet the four criteria determinations and concurrences set recreation, education, counseling, set forth above in paragraphs forth in paragraph (e)(3)(ii), (iii), and (iv) dining, sleeping, and general living (e)(3)(i)(D)(1)–(4) of this section. of this section have been made. activities. There must be an (iii) Collocated juvenile detention (A) A collocated facility is a juvenile independent and comprehensive facilities approved by the State and facility located in the same building as operational plan for the juvenile concurred with by OJJDP on or before an adult jail or lockup, or is part of a detention center which provides for a June 30, 1995 are to be reviewed against related complex of buildings located on full range of separate program services. the regulatory criteria and OJJDP the same grounds as an adult jail or No program activities may be shared by policies in effect at the time of the lockup. A complex of buildings is juveniles and incarcerated adults. initial approval and concurrence, except considered ‘‘related’’ when it shares However, equipment and other that facilities approved after the physical features such as walls and resources may be used by both effective date of this regulation, but fences, or services beyond mechanical populations subject to security concerns prior to July 1, 1995, shall be reviewed services (heating, air conditioning, and the criterion in paragraph against the regulatory criteria in effect water and sewer), or the specialized (e)(3)(i)(D)(1) of this section. on the day before the effective date of services that are allowable under (3) Separate staff for the juvenile and this regulation, and except that all paragraph (e)(3)(i)(D)(3) of this section. adult populations, including collocated facilities are subject to the (B) The State, with OJJDP management, security, and direct care separate staff requirement established concurrence, must determine whether a staff. Staff providing specialized by the 1992 Amendments to the JJDP collocated facility qualifies as a separate services (food service, laundry, Act, and set forth in paragraph juvenile detention facility under the maintenance and engineering, etc.) who (e)(3)(i)(D)(3) of this section. Unless four criteria set forth in Paragraph are not normally in contact with otherwise indicated, review of (e)(3)(i)(D)(1)–(4) of this section for the detainees, or whose infrequent contacts previously approved collocated Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations 28445 facilities is expected to occur as part of (B) Classification of the monitoring must be present prior to secure the State’s regularly scheduled universe: This is the classification of all incarceration: monitoring activities. facilities to determine which ones (i) The juvenile must have been (iv) OJJDP’s concurrence for facilities should be considered as a secure brought into a court of competent considered after June 30, 1995 is limited detention or correctional facility, adult jurisdiction and made subject to an to one year and thereafter, will be correctional institution, jail, lockup, or order issued pursuant to proper reviewed on an annual basis. An annual other type of secure or nonsecure authority. The order must be one which on-site review of the facility must be facility. regulates future conduct of the juvenile. conducted by the compliance (C) Inspection of facilities: Inspection Prior to issuance of the order, the monitoring staff person(s) representing of facilities is necessary to ensure an juvenile must have received the full due or employed by the State agency accurate assessment of each facility’s process rights guaranteed by the administering the JJDP Act Formula classification and record keeping. The Constitution of the United States. Grants Program. OJJDP’s concurrence is inspection must include: (ii) The court must have entered a required annually, and may involve on- (1) A review of the physical judgment and/or remedy in accord with site review by OJJDP staff. The purpose accommodations to determine whether established legal principles based on the of the annual review is to determine if it is a secure or non-secure facility or facts after a hearing which observes compliance with the criteria set forth in whether adequate sight and sound proper procedures. paragraphs (e)(3)(i)(D)(1)–(4) of this separation between juvenile and adult (iii) The juvenile in question must section is being maintained, and to offenders exists and have received adequate and fair warning assess the continuing need for the (2) a review of the record keeping of the consequences of violation of the collocated facility and the jurisdiction’s system to determine whether sufficient order at the time it was issued and such long term plan to move to a free- data are maintained to determine warning must be provided to the standing facility (single jurisdiction or compliance with section 223(a) (12), juvenile and to the juvenile’s attorney regional) or other detention alternative, (13) and/or (14). and/or legal guardian in writing and be unless the juvenile detention center is (D) Data collection and data reflected In the court record and part of a justice center, in which case verification: This is the actual collection proceedings. the annual review will look solely at the and reporting of data to determine (iv) All judicial proceedings related to four regulatory criteria. An example of whether the facility is in compliance an alleged violation of a valid court a justice center is a building or a set of with the applicable requirement(s) of order must be held before a court of buildings in which various agencies are section 223(a) (12), (13) and/or (14). The competent jurisdiction. A juvenile housed, such as law enforcement, length of the reporting period should be accused of violating a valid court order courts, State’s attorneys, public 12 months of data, but in no case less may be held in secure detention beyond defenders, and probation, in addition to than 6 months. If the data is self- the 24-hour grace period permitted for an adult jail or lockup, and a juvenile reported by the facility or is collected a noncriminal juvenile offender under detention facility. and reported by an agency other than OJJDP monitoring policy, for protective (4) Those States which, based upon the State agency designated pursuant to purposes as prescribed by State law, or the most recently submitted monitoring section 223(a)(1) of the JJDP Act, the to assure the juvenile’s appearance at report, have been found to be in full plan must describe a statistically valid the violation hearing, as provided by compliance with section 223(a)(14) may, procedure used to verify the reported State law, if there has been a judicial in lieu of addressing paragraphs (e) (1) data. determination based on a hearing during and (2) of this section, provide an (ii) Provide a description of the the 24-hour grace period that there is assurance that adequate plans and barriers which the State faces in probable cause to believe the juvenile resources are available to maintain full implementing and maintaining a violated the court order. In such case compliance. monitoring system to report the level of the juveniles may be held pending a (f) Monitoring of Jails, Detention compliance with section 223(a) (12), violation hearing for such period of time Facilities and Correctional Facilities. (13), and (14) and how it plans to as is provided by State law, but in no (1) Pursuant to section 223(a)(15) of overcome such barriers. event should detention prior to a the JJDP Act, and except as provided by (iii) Describe procedures established violation hearing exceed 72 hours paragraph (f)(7) of this section, the State for receiving, investigating, and exclusive of nonjudicial days. A shall: reporting complaints of violation of juvenile alleged or found in a violation (i) Describe its plan, procedure, and section 223(a) (12), (13), and (14). This hearing to have violated a Valid Court timetable for annually monitoring jails, should include both legislative and Order may be held only in a secure lockups, detention facilities, administrative procedures and juvenile detention or correctional correctional facilities and non-secure sanctions. facility, and not in an adult jail or facilities. The plan must at a minimum (2) For the purpose of monitoring for lockup. describe in detail each of the following compliance with section 223(a)(12)(A) tasks including the identification of the of the Act a secure detention or (v) Prior to and during the violation specific agency(s) responsible for each correctional facility is any secure public hearing the following full due process task. or private facility used for the lawful rights must be provided: (A) Identification of monitoring custody of accused or adjudicated (A) The right to have the charges universe: This refers to the juvenile offenders or non-offenders, or against the juvenile in writing served identification of all residential facilities used for the lawful custody of accused upon him a reasonable time before the which might hold juveniles pursuant to or convicted adult criminal offenders. hearing; public authority and thus must be (3) Valid Court Order. For the purpose (B) The right to a hearing before a classified to determine if it should be of determining whether a valid court court; included in the monitoring effort. This order exists and a juvenile has been (C) The right to an explanation of the includes those facilities owned or found to be in violation of that valid nature and consequences of the operated by public and private agencies. order all of the following conditions proceeding; 28446 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations (D) The right to legal counsel, and the alternative placement for the juvenile (i) To demonstrate the extent of right to have such counsel appointed by pursuant to criteria developed by the compliance with section 223(a)(12)(A) the court if indigent; State and approved by OJJDP; of the JJDP Act, the report must include, (E) The right to confront witnesses; (iv) The adult jail or lockup must have at a minimum, the following (F) The right to present witnesses; been certified by the State to provide for information for the current reporting (G) The right to have a transcript or the sight and sound separation of period: record of the proceedings; and juveniles and incarcerated adults; and (A) Dates covered by the current (H) The right of appeal to an (v) The State must provide reporting period; appropriate court. documentation that the conditions in (B) Total number of public and (vi) In entering any order that directs paragraphs(f)(4)(i) through (iv) of this private secure detention and or authorizes disposition of placement section have been met and received correctional facilities, the total number in a secure facility, the judge presiding prior approval from OJJDP. OJJDP reporting, and the number inspected on- over an initial probable cause hearing or strongly recommends that jails and site; violation hearing must determine that lockups that incarcerate juveniles be (C) The total number of accused status all the elements of a valid court order required to provide youth specific offenders and nonoffenders, including (paragraphs (f)(3) (i), (ii) and (iii) of this admissions screening and continuous out-of-State runaways and Federal section) and the applicable due process visual supervision of juveniles wards, held in any secure detention or rights (paragraph (f)(3)(v) of this section) incarcerated pursuant to this exception. correctional facility for longer than were afforded the juvenile and, in the (vi) Pursuant to section 223(a)(14) of twenty four hours (not including case of a violation hearing, the judge the JJDP Act, the non-MSA (low weekends or holidays), excluding those must determine that there is no less population density) exception to the jail held pursuant to the valid court order restrictive alternative appropriate to the and lockup removal requirements as provision as set forth in paragraph (f)(3) needs of the juvenile and the described in paragraphs (f)(4)(i) through of this section or pursuant to section community. This determination must be (v) of this section shall remain in effect 922(x) of title 18, United States Code, or preceded by a written report to the through 1997, and shall allow for secure a similar State law; judge that: reviews the behavior of the custody beyond the twenty four hours (D) The total number of accused status juvenile and the circumstances under period described in paragraph (f)(4)(i) of offenders (including valid court order which the juvenile was brought before this section when the facility is located violators, out of state runaways, and the court and made subject to such where conditions of distance to be Federal wards, but excluding Title 18 order; determines the reasons for the traveled or the lack of highway, road, or 922(x) violators) and nonoffenders juvenile’s behavior; and determines other ground transportation do not securely detained in any adult jail, whether all dispositions other than allow for court appearances within lockup, or nonapproved collocated secure confinement have been twenty four hours, so that a brief (not to facility for any length of time; exhausted or are clearly inappropriate. exceed an additional forty eight hours) (E) The total number of adjudicated This report must be prepared and delay is excusable; or the facility is status offenders and nonoffenders, submitted by an appropriate public located where conditions of safety exist including out-of-state runaways and agency (other than a court or law (such as severely adverse, life- Federal wards, held for any length of enforcement agency). A threatening weather conditions that do time in a secure detention or multidisciplinary review team that not allow for reasonably safe travel), in correctional facility, excluding those operates independently of courts or law which case the time for an appearance held pursuant to the valid court order enforcement agencies would satisfy this may be delayed until twenty four hours provision or pursuant to title 18 U.S.C. requirement even if some individual after the time that such conditions allow section 922(x); members of the team represent court or for reasonably safe travel. States may (F) The total number of status law enforcement agencies. use these additional statutory (vii) A non-offender such as a allowances only where the precedent offenders held in any secure detention dependent or neglected child cannot be requirements set forth in paragraphs or correctional facility pursuant to the placed in secure detention or (f)(4)(i) through (v) of this section have valid court order provision set forth in correctional facilities for violating a been complied with. This may paragraph (f)(3) of this section; and valid court order. necessitate statutory or judicial (court (G) The total number of juvenile (4) Removal exception (section rule or opinion) relief within the State offenders held pursuant to title 18 223(a)(14)). The following conditions from the twenty four hours initial court U.S.C. section 922(x). must be met in order for an accused appearance standard required by (ii) To demonstrate the extent to juvenile criminal-type offender, paragraph (f)(4)(i) of this section. States which the provisions of section awaiting an initial court appearance, to must document and describe in their 223(a)(12)(B) of the JJDP Act are being be detained up to 24 hours (excluding annual monitoring report to OJJDP, the met, the report must include the total weekends and holidays) in an adult jail specific circumstances surrounding number of accused and adjudicated or lockup: each individual use of the distance/ status offenders and nonoffenders (i) The State must have an enforceable ground transportation, and weather placed in facilities that are: State law requiring an initial court allowances. (A) Not near their home community; appearance within 24 hours after being (5) Reporting requirement. The State (B) Not the least restrictive taken into custody (excluding weekends shall report annually to the appropriate alternative; and and holidays); Administrator of OJJDP on the results of (C) Not community-based. (ii) The geographic area having monitoring for section 223(a)(12),(13), (iii) To demonstrate the extent of jurisdiction over the juvenile is outside and (14) of the JJDP Act. The reporting compliance with section 223(a)(13) of a metropolitan statistical area pursuant period should provide 12 months of the JJDP Act, the report must include, at to the Bureau of Census’ current data, but shall not be less than six a minimum, the following information designation; months. The report shall be submitted for the current reporting period: (iii) A determination must be made to the Administrator of OJJDP by (A) Dates covered by the current that there is no existing acceptable December 31 of each year. reporting period; Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations 28447 (B) The total number of facilities used securely in adult jails, lockups and such failure, provided that the State will to detain or confine both juvenile collocated facilities not concurred with lose its eligibility for any allotment offenders and adult criminal offenders by OJJDP for less than six hours for unless: the State agrees to expend all during the past 12 months and the purposes other than identification, remaining funds (except planning and number inspected on-site; investigation, processing, release to administration, State advisory group set- (C) The total number of facilities used parent(s), transfer to court, or transfer to aside funds and Indian tribe pass- for secure detention and confinement of a juvenile facility following initial through funds) for the purpose of both juvenile offenders and adult custody; achieving compliance with the criminal offenders which did not (H) The total number of adjudicated mandate(s) for which the State is in provide sight and sound separation; juvenile criminal-type offenders held noncompliance; or the Administrator (D) The total number of juvenile securely in adult jails or lockups and makes discretionary determination that offenders and nonoffenders not collocated facilities not concurred with the State has substantially complied separated from adult criminal offenders by OJJDP for any length of time; with the mandate(s) for which there is in facilities used for the secure (I) The total number of accused and noncompliance and that the State has detention and confinement of both adjudicated status offenders (including made through appropriate executive or juveniles and adults; valid court order violators) and legislative action, an unequivocal (E) The total number of juvenile nonoffenders held securely in adult commitment to achieving full detention centers located within the jails, lockups and collocated facilities compliance within a reasonable time. In same building or on the same grounds not concurred with by OJJDP, for any order for a determination to be made as an adult jail or lockup that have been length of time; that a State has substantially complied concurred with by OJJDP, including a (J) The total number of adult jails, with the mandate(s), the State must list of such facilities; lockups, and collocated facilities not demonstrate that it has: Diligently (F) The total number of juveniles concurred with by OJJDP, in areas carried out the plan approved by OJJDP; detained in collocated facilities meeting the ‘‘removal exception’’ as demonstrated significant progress concurred with by OJJDP that were not noted in paragraph (f)(4) of this section, toward full compliance; submitted a separated from the management, including a list of such facilities and the plan based on an assessment of current security or direct care staff of the adult county or jurisdiction in which each is barriers to DMC; and provided an jail or lockup; located; assurance that added resources will be (G) The total number of juvenile (K) The total number of juveniles expended, be it formula grants or other detention centers located within the accused of a criminal-type offense who funds, to achieve compliance. Where a same building or on the same grounds were held in excess of six hours but less State’s allocation is reduced, the amount as an adult jail or lockup that have not than 24 hours in adult jails, lockups and available for planning and been concurred with by OJJDP, collocated facilities not concurred with administration and the required pass- including a list of such facilities; and by OJJDP pursuant to the ‘‘removal through allocation, other than State (H) The total number of juveniles exception’’ as set forth in paragraph advisory group set-aside, will be detained in collocated facilities not (f)(4) of this section; reduced because they are based on the approved by the State and concurred (L) The total number of juveniles reduced allocation. with by OJJDP, that were not sight and accused of a criminal-type offense who (i) Substantial compliance with sound separated from adult criminal were held in excess of 24 hours but not section 223(a)(12)(A) can be used to offenders. more than an additional 48 hours in demonstrate eligibility for FY 1993 and (iv) To demonstrate the extent of adult jails, lockups and collocated prior year formula grant allocations if, compliance with section 223(a)(14) of facilities not concurred with by OJJDP within three years of initial plan the JJDP Act, the report must include, at pursuant to the ‘‘removal exception’’ as submission, the State has achieved a a minimum, the following information noted in paragraph (f)(4) of this section, seventy five percent reduction in the for the current reporting period: due to conditions of distance or lack of aggregate number of status offenders (A) Dates covered by the current ground transportation; and and nonoffenders held in secure reporting period; (M) The total number of juveniles detention or correctional facilities, or (B) The total number of adult jails in accused of a criminal-type offense who removal of 100 percent of such juveniles the State AND the number inspected on- were held in excess of 24 hours, but not from secure correctional facilities only. site; more than an additional 24 hours after In addition, the State must make an (C) The total number of adult lockups the time such conditions as adverse unequivocal commitment, through in the State AND the number inspected weather allow for reasonably safe travel, appropriate executive or legislative on-site; in adult jails, lockups and collocated action, to achieving full compliance by (D) The total number of adult jails facilities not concurred with by OJJDP, FY 1994. Full compliance is achieved holding juveniles during the past twelve in areas meeting the ‘‘removal when a State has removed 100 percent months; exception’’ as noted in paragraph (f)(4) of such juveniles from secure detention (E) The total number of adult lockups of this section. and correctional facilities or can holding juveniles during the past twelve (6) Compliance. The State must demonstrate full compliance with de months; demonstrate the extent to which the minimis exceptions pursuant to the (F) The total number of accused requirements of sections 223(a)(12)(A), policy criteria contained in the Federal juvenile criminal-type offenders held (13), (14), and (23) of the Act are met. Register of January 9, 1981 (46 FR 2566– securely in adult jails, lockups, and If the State fails to demonstrate full 2569). collocated facilities not concurred with compliance with sections 223(a)(12)(A) (ii) Compliance with section by OJJDP, in excess of six hours and (14), and compliance with sections 223(a)(13) has been achieved when a (including those held pursuant to the 223(a)(13) and (23) by the end of the State can demonstrate that: ‘‘removal exception’’ as set forth in fiscal year for any fiscal year beginning (A) The last submitted monitoring paragraph (f)(4) of this section); with fiscal year 1994, the State’s report, covering a full 12 months of (G) The total number of accused allotment under Section 222 will be data, demonstrates that no juveniles juvenile criminal-type offenders held reduced by twenty five percent for each were incarcerated in circumstances that 28448 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations were in violation of section 223(a)(13); must demonstrate that each of the (C) Waiver. Failure to achieve full or following requirements under compliance as defined in this section (B) (1) State law, regulation, court paragraphs (f)(6)(iii)(B)(2) (i) and (ii) of shall terminate any State’s eligibility for rule, or other established executive or this section have been met: FY 1993 and prior year formula grant judicial policy clearly prohibits the (i) The incidents of noncompliance funds unless the Administrator of OJJDP incarceration of all juvenile offenders in reported in the State’s last submitted waives termination of the State’s circumstances that would be in monitoring report do not exceed an eligibility. ln order to be eligible for this violation of section 223(a)(13); annual rate of 9 per 100,000 juvenile waiver of termination, a State must (2) All instances of noncompliance population of the State; and request a waiver and demonstrate that it reported in the last submitted (ii) An acceptable plan has been meets the standards set forth in monitoring report were in violation of, developed to eliminate the paragraphs (f)(6)(iii)(C) (1)–(7) of this or departures from, the State law, rule, noncompliant incidents through the section: or policy referred to in paragraph enactment or enforcement of State law, (1) Agrees to expend all of its formula (f)(6)(ii)(B)(1) of this section; rule, or statewide executive or judicial grant award except planning and (3) The instances of noncompliance policy, education, the provision of administration, advisory group set- do not indicate a pattern or practice but alternatives, or other effective means. aside, and Indian tribe pass-through rather constitute isolated instances; and (iii) Exception. When the annual rate funds, to achieve compliance with (4) Existing mechanisms for the for a State exceeds 9 incidents of section 223(a)(14); and enforcement of the State law, rule, or noncompliance per 100,000 juvenile (2) Removed all status and nonoffender juveniles from adult jails policy referred to in paragraph population, the State will be considered and lockups. Compliance with this (f)(6)(ii)(B)(1) of this section are such ineligible for a finding of full standard requires that the last submitted that the instances of noncompliance are compliance with de minimis exceptions monitoring report demonstrate that no unlikely to recur in the future. under the numerical de minimis status offender (including those accused (iii) (A) Full compliance is achieved standard unless the State has recently of or adjudicated for violating a valid when a state demonstrates that the last enacted changes in State law which court order) or nonoffender juveniles submitted monitoring report, covering have gone into effect and which the were securely detained in adult jails or 12 months of actual data, demonstrates State demonstrates can reasonably be lock-ups for any length of time; or that that no juveniles were held in adult jails expected to have a substantial, or lockups in circumstances that were in all status offenders and nonoffenders significant and positive impact on the securely detained in adult jails and violation of section 223(a)(14). state’s achieving full (100%) compliance (B) Full compliance with de minimis lock-ups for any length of time were or full compliance with de minimis exceptions is achieved when a State held in violation of an enforceable State exceptions by the end of the monitoring demonstrates that it has met the law and did not constitute a pattern or period immediately following the standard set forth in either of practice within the State; and monitoring period under consideration. paragraphs (f)(6)(iii)(B) (1) or (2) of this (3) Made meaningful progress in (iv) Progress. Beginning with the section: removing juvenile criminal-type (1) Substantive De Minimis Standard. monitoring report due by December 31, offenders from adult jails and lockups. To comply with this standard the State 1990, any State whose prior full Compliance with this standard requires must demonstrate that each of the compliance status is based on having the State to document a significant following requirements have been met: met the numerical de minimis standard reduction in the number of jurisdictions (i) State law, court rule, or other set forth in paragraph (f)(6)(iii)(B)(2)(i) securely detaining juvenile criminal- statewide executive or judicial policy of this § 31.303, must annually type offenders in violation of section clearly prohibits the detention or demonstrate, in its request for a finding 223 (a)(14) of the JJDP Act; or a confinement of all juveniles in of full compliance with de minimis significant reduction in the number of circumstances that would be in exceptions, continued and meaningful facilities securely detaining such violation of section 223(a)(14); progress toward achieving full (100%) juveniles; or a significant reduction in (ii) All instances of noncompliance compliance in order to maintain the average length of time each juvenile reported in the last submitted eligibility for a continued finding of full criminal-type offender is securely monitoring reported were in violation of compliance with de minimis detained in an adult jail or lock-up; or or departures from, the State law, rule, exceptions. State legislation has recently been or policy referred to In paragraph (v) Request Submission. enacted and taken effect and which the (f)(6)(iii)(B)(1)(i) of this section; Determinations of full compliance and State demonstrates will significantly (iii) The instances of noncompliance full compliance with de minimis impact the secure detention of juvenile do not indicate a pattern or practice but exceptions are made annually by OJJDP criminal-type offenders in adult jails rather constitute isolated instances; following submission of the monitoring and lock-ups; and (iv) Existing mechanisms for the report due by December 31 of each (4) Diligently carried out the State’s enforcement of the State law, rule or calendar year. Any State reporting less jail and lockup removal plan approved policy referred to in paragraph than full (100%) compliance in any by OJJDP. Compliance with this (f)(6)(iii)(B)(1)(i) of this section are such annual monitoring report may request a standard requires that actions have been that the instances of noncompliance are finding of full compliance with de undertaken to achieve the State’s jail unlikely to recur in the future; and minimis exceptions under paragraph and lock-up removal goals and (v) An acceptable plan has been (f)(6)(iii)(B) (1) or (2) of this section. The objectives within approved time lines, developed to eliminate the request may be submitted in and that the State Advisory Group, noncompliant incidents and to monitor conjunction with the monitoring report, required by section 223 (a)(3) of the JJDP the existing mechanism referred to in as soon thereafter as all information Act, has maintained an appropriate paragraph (f)(6)(iii)(B)(1)(iv) of this required for a determination is involvement in developing and/or section. available, or be included in the annual implementing the State’s plan; and (2) Numerical De Minimis Standard. State plan and application for the State’s (5) Submitted an acceptable plan, To comply with this standard the State formula grant award. based on a assessment of current jail Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations 28449 and lockup removal barriers within the provided in the Formula Grant groups if such proportion exceeds the State, to eliminate noncompliant Application Kit. proportion such groups represent in the incidents; and (2) Product. The product of the general population, viz., in most States, (6) Achieved compliance with section analysis is a series of brief written youth between ages ten-seventeen are 223(a)(15) of the JJDP Act; and problem statements set forth in the subject to secure custody. It is essential (7) Demonstrates an unequivocal application that define and describe the that States approach this statutory commitment, through appropriate priority problems. mandate in a comprehensive manner. executive or legislative action, to (3) Programs. Applications are to Compliance with this provision is achieving full compliance. include descriptions of programs to be achieved when a State meets the (D) Waiver Maximum. A State may supported with JJDP Act formula grant requirements set forth in paragraphs receive a waiver of termination of funds. A suggested format for these (j)(1) through (3) of this section: eligibility from the Administrator under programs is included in the application (1) Identification. Provide quantifiable paragraph (f)(6)(iii)(C) of this section for kit. documentation (State, county and local a combined maximum of four Formula (4) Performance Indicators. A list of level) in the State’s FY 1994 Formula Grant Awards through Fiscal Year 1993. performance indicators must be Grant Plan (and all subsequent Multi- No additional waivers will be granted. developed and set forth for each Year Plans) Juvenile Crime Analysis and (7) Monitoring report exemption. program. These indicators show what Needs Assessment to determine whether States which have been determined by data will be collected at the program minority juveniles are level to measure whether objectives and the OJJDP Administrator to have disproportionately detained or confined performance goals have been achieved achieved full compliance with sections in secure detention and correctional and should relate to the measures used 223(a)(12)(A), (a)(14), and compliance facilities, jails and lockups in relation to in the problem statement and statement with section 223(a)(13) of the JJDP and their proportion of the State juvenile of program objectives. wish to be exempted from the annual population. Guidelines are provided in monitoring report requirements must (h) Annual Performance Report. Pursuant to section 223(a) and section the OJJDP Disproportionate Minority submit a written request to the OJJDP Confinement Technical Assistance Administrator which demonstrates that: 223(a)(22) the State plan shall provide for submission of an annual Manual (see Phase I Matrix). Where (i) The State provides for an adequate quantifiable documentation is not system of monitoring jails, law performance report. The State shall report on its progress in the available to determine if enforcement lockup, detention facilities, disproportionate minority confinement to enable an annual determination of implementation of the approved programs, described in the three-year exists in secure detention and State compliance with sections correctional facilities, jails and lockups, 223(a)(12)(A), (13), and (14) of the JJDP plan. The performance indicators will serve as the objective criteria for a the State must provide a time-limited Act; plan of action, not to exceed six months, (ii) State legislation has been enacted meaningful assessment of progress for developing and implementing a which conforms to the requirements of toward achievement of measurable system for the ongoing collection, Sections 223(a)(12)(A), (13), and (14) of goals. The annual performance report analysis and dissemination of the JJDP Act; and shall describe progress made in (iii) The enforcement of the legislation addressing the problem of serious information regarding minorities for is statutorily or administratively juvenile crime, as documented in the those facilities where documentation prescribed, specifically providing that: juvenile crime analysis pursuant to does not exist. (A) Authority for enforcement of the section 223(a)(8)(A). The annual (2) Assessment. Each State’s FY 1994 statute is assigned; performance report must be submitted Formula Grant Plan must provide a (B) Time frames for monitoring to OJJDP no later than June 30 and completed assessment of compliance with the statute are address all formula grant activities disproportionate minority confinement. specified; and carried out during the previous Assessments must, at minimum, (C) Adequate procedures are set forth complete calendar year, federal fiscal identify and explain differences in for enforcement of the statute and the year, or State fiscal year for which arrest, diversion and adjudication rates, imposition of sanctions for violations. information is available, regardless of court dispositions other than (g) Juvenile crime analysis. Pursuant which year’s formula grant funds were incarceration, the rates and periods of to section 223(a)(8), the State must used to support the activities being prehearing detention in and conduct an analysis of juvenile crime reported on, e.g., during a reporting dispositional commitments to secure problems, including juvenile gangs that period, activities may have been funded facilities of minority youth in the commit crimes, and juvenile justice and from two or more formula grant awards. juvenile justice system, and transfers to delinquency prevention needs within (i) Technical Assistance. States shall adult court (see Phase II Matrix). If a the State, including those geographical include, within their plan, a description completed assessment is not available, areas in which an Indian tribe performs of technical assistance needs. Specific the State must submit a time-limited law enforcement functions. The analysis direction regarding the development plan (not to exceed twelve months from and needs assessment must include and inclusion of all technical assistance submission of the Formula Grant educational needs, gender specific needs and priorities will be provided in Application) for completing the services, delinquency prevention and the ‘‘Application Kit for Formula Grants assessment. treatment services in rural areas, and under the JJDPA.’’ (3) Intervention. Each State’s FY 1995 mental health services available to (j) Minority Detention and Formula Grant Plan must, where juveniles in the juvenile justice system. Confinement. Pursuant to section disproportionate confinement has been The analysis should discuss barriers to 223(a)(23) of the JJDP Act, States must demonstrated, provide a time-limited accessing services and provide a plan to demonstrate specific efforts to reduce plan of action for reducing the provide such services where needed. the proportion of juveniles detained or disproportionate confinement of (1) Analysis. The analysis must be confined in secure detention facilities, minority juveniles in secure facilities. provided in the multiyear application. A secure correctional facilities, jails and The intervention plan shall be based on suggested format for the analysis is lockups who are members of minority the results of the assessment, and must 28450 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations include, but not be limited to the defined as: African-Americans, and treatment based on age and offense following: American Indians, Asians, Pacific limitations by defined as State law, i.e., (i) Diversion. Increasing the Islanders, and Hispanics. a criminal-type offender or a status availability and improving the quality of (k) Pursuant to section 223(a)(24) of offender. diversion programs for minorities who the JJDP Act, states shall agree to other (g) Criminal-type offender. A juvenile come in contact with the juvenile justice terms and conditions as the offender who has been charged with or system, such as police diversion Administrator may reasonably prescribe adjudicated for conduct which would, programs; to assure the effectiveness of programs under the law of the jurisdiction in (ii) Prevention. Providing assisted under the Formula Grant. which the offense was committed, be a developmental, operational, and crime if committed by an adult. assessment assistance (financial and/or § 31.304 Definitions. (h) Status offender. A juvenile technical) for prevention programs in (a) Private agency. A private non- offender who has been charged with or communities with a high percentage of profit agency, organization or institution adjudicated for conduct which would minority residents with emphasis upon is: not, under the law of the jurisdiction in support for community-based (1) Any corporation, foundation, trust, which the offense was committed, be a organizations (including non-traditional association, cooperative, or accredited crime if committed by an adult. organizations) that serve minority institution of higher education not (i) Non-offender. A juvenile who is youth; under public supervision or control; and subject to the jurisdiction of the juvenile (iii) Reintegration. Providing (2) Any other agency, organization or court, usually under abuse, dependency, developmental, operational, and institution which operates primarily for or neglect statutes for reasons other than assessment assistance (financial and/or scientific, education, service, charitable, legally prohibited conduct of the technical) for programs designed to or similar public purposes, but which is juvenile. reduce recidivism by facilitating the not under public supervision or control, (j) Lawful custody. The exercise of reintegration of minority youth in the and no part of the net earnings of which care, supervision and control over a community following release from inures or may lawfully inure to the juvenile offender or non-offender dispositional commitments to reduce benefit of any private shareholder or pursuant to the provisions of the law or recidivism; individual, and which has been held by of a judicial order or decree. (iv) Policies and procedures. IRS to be tax-exempt under the (k) Other individual accused of Providing financial and/or technical provisions of section 501(c)(3) of the having committed a criminal offense. assistance that addresses necessary 1954 Internal Revenue Code. An individual, adult or juvenile, who changes in statewide and local, (b) Secure. As used to define a has been charged with committing a executive, judicial, and legal detention or correctional facility this criminal offense in a court exercising representation policies and procedures; term includes residential facilities criminal jurisdiction. and which include construction features (l) Other individual convicted of a (v) Staffing and training. Providing designed to physically restrict the criminal offense. An individual, adult or financial and/or technical assistance movements and activities of persons in juvenile, who has been convicted of a that addresses staffing and training custody such as locked rooms and criminal offense in court exercising needs that will positively impact the buildings, fences, or other physical criminal jurisdiction. disproportionate confinement of structures. It does not include facilities (m) Adult jail. A locked facility, minority youth in secure facilities. where physical restriction of movement administered by State, county or local (4) The time-limited plans of action or activity is provided solely through law enforcement and correctional set forth in paragraphs (j) (1), (2) and (3) facility staff. agencies, the purpose of which is to of this section must include a clear (c) Facility. A place, an institution, a detain adults charged with violating indication of current and future barriers; building or part thereof, set of buildings criminal law, pending trial. Also which agencies, organizations, or or an area whether or not enclosing a considered as adult jails are those individual(s) will be responsible for building or set of buildings which is facilities used to hold convicted adult taking what specific actions; when; and used for the lawful custody and criminal offenders sentenced for less what the anticipated outcomes are. The treatment of juveniles and may be than one year. interim and final outcomes from owned and/or operated by public and (n) Adult lockup. Similar to an adult implementation of the time-limited plan private agencies. jail except that an adult lockup is of action must be reported in each (d) Juvenile who is accused of having generally a municipal or police facility State’s Multi-Year Plans and Annual committed an offense. A juvenile with of a temporary nature which does not Plan Updates. Final outcomes for respect to whom a petition has been hold persons after they have been individual project awards are to be filed In the juvenile court or other formally charged. included with each State’s annual action has occurred alleging that such (o) Valid court order. The term means performance report (See Paragraph (h) of juvenile is a juvenile offender, i.e., a a court order given by a juvenile court this Section). criminal-type offender or a status judge to a juvenile who has been (5) Technical assistance is available offender, and no final adjudication has brought before the court and made through the OJJDP Technical Assistance been made by the juvenile court. subject to a court order. The use of the Contract to help guide States with the (e) Juvenile who has been adjudicated word ‘‘valid’’ permits the incarceration data collection and analysis, and with as having committed an offense. A of juveniles for violation of a valid court programmatic elements of this juvenile with respect to whom the order only if they received their full due requirement. Information from the juvenile court has determined that such process rights as guaranteed by the OJJDP Special Emphasis Initiative on juvenile is a juvenile offender, i.e., a Constitution of the United States. Disproportionate Minority Confinement criminal-type offender or a status (p) Local private agency. For the pilot sites will be disseminated as it offender. purposes of the pass-through becomes available. (f) Juvenile offender. An individual requirement of section 223(a)(5), a local (6) For purposes of this statutory subject to the exercise of juvenile court private agency is defined as a private mandate, minority populations are jurisdiction for purposes of adjudication non-profit agency or organization that Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations 28451 provides program services within an Federal laws and regulations are 1968, as amended, and made applicable identifiable unit or a combination of described in greater detail in the by section 299(A) of the Juvenile Justice units of general local government. Financial and Administrative Guide for and Delinquency Prevention Act of Grants, M7100.1, and the Formula Grant 1974, as amended; Subpart EÐGeneral Conditions and Application Kit. (b) Title VI of the Civil Rights Act of Assurances § 31.402 Application on file. 1964, as amended; § 31.400 Compliance with statute. Any Federal funds awarded pursuant (c) Section 504 of the Rehabilitation The applicant State must assure and to an application must be distributed Act of 1973, as amended; certify that the State and its subgrantees and expended pursuant to and in (d) Title IX of the Education and contractors will comply with accordance with the programs contained Amendments of 1972; applicable provisions of the Omnibus in the applicant State’s current (e) The Age Discrimination Act of Crime Control and Safe Streets Act of approved application. Any departures 1975; 1968, Pub. L. 90–351, as amended, and therefrom, other than to the extent with the provisions of the Juvenile (f) The Department of Justice permitted by current program and fiscal Justice and Delinquency Prevention Act NonDiscrimination regulations, 28 CFR regulations and guidelines, must be of 1974, Pub. L. 93–415, as amended, part 42, subparts C, D, E, and G; submitted for advance approval by the and the provisions of the current edition (g) The Department of Justice Administrator of OJJDP. of OJP Financial and Administrative regulations on disability discrimination, Guide for Grants, M7100.1. § 31.403 Civil rights requirements. 28 CFR parts 35 and 39; and § 31.401 Compliance with other Federal The State assures that it will comply, (h) Subtitle A, title II of the Americans laws, orders, circulars. and that subgrantees and contractors with Disabilities Act (ADA) of 1990. The applicant State must further will comply, with all applicable Federal Shay Bilchik, assure and certify that the State and its non-discrimination requirements, Administrator, Office of Juvenile Justice and subgrantees and contractors will adhere including: Delinquency Prevention. to other applicable Federal laws, orders (a) Section 809(c) of the Omnibus [FR Doc. 95–13046 Filed 5–30–95; 8:45 am] and OMB circulars. These general Crime Control and Safe Streets Act as BILLING CODE 4410±18±P federal register May 31,1995 Wednesday Year, Revision;Notice Analysis Methodologyfor1996±97Award Federal PellGrantProgram;Need Education Department of Part III 28453 28454 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices DEPARTMENT OF EDUCATION assistance under Title IV of the HEA. estimated percentage increase in the This methodology, referred to as the Consumer Price Index for all Urban Federal Pell Grant, Federal Perkins Federal Needs Analysis Methodology, is Consumers for 1994. The Secretary Loan, Federal Work-Study, Federal used to calculate the expected family estimates that the increase in the Supplemental Educational Opportunity contribution (EFC) for the Federal Pell Consumer Price Index for all Urban Grant, Federal Family Education Loan, Grant, the campus-based (Federal Consumers for the period December and William D. Ford Federal Direct Perkins Loan, Federal Work-Study, and 1994 through December 1995 will be 3.0 Loan Programs; Revision of the Need Federal Supplemental Educational percent. The updated tables for the Analysis Methodology for the 1996±97 Opportunity Grant), Federal Family 1996–97 award year are set forth in Award Year Education Loan, and William D. Ford sections 1, 2, and 4. Federal Direct Loan programs. This AGENCY: Department of Education. The Secretary must also revise, for methodology is established by statute. each award year, the table on asset ACTION: Notice. Federal Needs Analysis Methodology protection allowance as provided for in SUMMARY: section 478(d) of the HEA. The The Secretary of Education Part F of Title IV of the HEA specifies Education Savings and Asset Protection announces the annual update to the the criteria, data elements, calculations, Allowance table for the award year tables used in the need analysis and tables for the computation of 1996–97 has been updated below in methodology that an institution of expected family contributions for the section 3.3. higher education must use in Federal Pell Grant, campus-based, calculating expected family Federal Family Education Loan, and Section 477(b)(5) also requires the contributions for the 1996–97 award William D. Ford Federal Direct Loan Secretary to increase the amount year under the Federal Pell Grant, programs. In addition, section 478 specified for the Employment Expense campus-based (Federal Perkins Loan, requires the Secretary to adjust four of Allowance to account for inflation based Federal Work-Study, and Federal the tables—the Income Protection upon increases in the Bureau of Labor Supplemental Educational Opportunity Allowance, the Adjusted Net Worth of Statistics budget of the marginal costs Grant), Federal Family Education Loan a Business or Farm, the Education for a two-earner compared to a one- and William D. Ford Federal Direct Savings and Asset Protection earner family for meals away from Loan programs. The Secretary takes this Allowance, and the Assessment home, apparel and upkeep, action under the authority of Title IV of Schedules and Rates—each award year transportation, and housekeeping the Higher Education Act of 1965, as to take into account inflation for the 12 services. Therefore, the Secretary is amended (HEA). months between December 31 of the increasing this allowance as described FOR FURTHER INFORMATION CONTACT: Ms. previous year and December 31 of the in section 5. Edith Bell, Program Specialist, General current year. The changes are based, in The HEA provides for the following Provisions Branch, Policy Development general, upon increases in the Consumer annual updates: Division, U.S. Department of Education, Price Index. 1. Income Protection Allowance 600 Independence Avenue, S.W. (Room For the award year 1996–97, the 3053, ROB–3), Washington, DC. 20202– Secretary is charged with updating the This allowance is the amount of 5444, telephone (202) 708–7888. Deaf income protection allowances, adjusted reasonable living expenses that would and hearing impaired individuals may net worth of a business or farm, and the be associated with the maintenance of call the Federal Information Relay assessment schedules and rates to an individual or family. The allowance Service at 1–800–877–8339 between 8 account for inflation that took place is offset against the family’s income and a.m. and 8 p.m., Eastern time, Monday between December 1994 and December varies by family size. The income through Friday. 1995. However, since the Secretary must protection allowances for parents of SUPPLEMENTARY INFORMATION: The need publish these tables before December dependent students and independent analysis methodology is used to 1995, the increases in the tables must be students with dependents other than a determine student eligibility for based upon a percentage equal to the spouse for the award year 1996–97 are: Number in College Family size (including student) 1 2 3 4 5 2 ...... $11,480 $9,510 ...... 3 ...... $14,290 $12,340 $10,380 ...... 4 ...... $17,650 $15,690 $13,740 $11,770 ...... 5 ...... $20,830 $18,860 $16,910 $14,950 $12,990 6 ...... $24,360 $22,400 $20,450 $18,480 $16,530 For each additional family member add $2,750. For each additional college student subtract $1,950. 2. Adjusted Net Worth (NW) of a such assets is already assessed in schedule. This schedule is used for Business or Farm another part of the formula; and (2) the parents of dependent students, A portion of the full net value of a formula protects a portion of the value independent students without farm or business is excluded from the of the assets. The portion of these assets dependents other than a spouse, and calculation of an expected contribution included in the contribution calculation independent students with dependents since: (1) The income produced from is computed according to the following other than a spouse. Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices 28455 If the net worth of a business or farm isÐ Then the adjusted net worth is: Less than $1 ...... $0. 1 to $80,000 ...... 0+40% of NW. 80,001 to $245,000 ...... 32,000+50% of NW over $80,000. 245,001 to $410,000 ...... 114,500+60% of NW over $245,000. 410,001 or more ...... 213,500+100% of NW over $410,000. 3. Education Savings and Asset considered available for postsecondary for independent students without Protection Allowance educational expenses. There are three dependents other than a spouse, and This allowance protects a portion of asset protection allowance tables—one one for independent students with net worth (assets less debts) from being for parents of dependent students, one dependents other than a spouse. DEPENDENT STUDENTS And there are one parent If the age of the older parent is Then the edu- two parents cation savings and asset pro- tection allow- ance isÐ 25 or less ...... 0 0 26 ...... 2,300 1,600 27 ...... 4,600 3,300 28 ...... 7,000 4,900 29 ...... 9,300 6,500 30 ...... 11,600 8,200 31 ...... 13,900 9,800 32 ...... 16,200 11,400 33 ...... 18,600 13,100 34 ...... 20,900 14,700 35 ...... 23,200 16,300 36 ...... 25,500 18,000 37 ...... 27,800 19,600 38 ...... 30,200 21,200 39 ...... 32,500 22,900 40 ...... 34,800 24,500 41 ...... 35,500 25,000 42 ...... 36,400 25,600 43 ...... 37,300 26,100 44 ...... 38,300 26,700 45 ...... 39,200 27,200 46 ...... 40,300 27,900 47 ...... 41,300 28,600 48 ...... 42,300 29,300 49 ...... 43,700 29,800 50 ...... 44,800 30,500 51 ...... 45,900 31,300 52 ...... 47,400 32,000 53 ...... 48,500 33,000 54 ...... 50,100 33,700 55 ...... 51,600 34,500 56 ...... 53,200 35,500 57 ...... 54,800 36,400 58 ...... 56,500 37,400 59 ...... 58,200 38,300 60 ...... 60,000 39,400 61 ...... 62,100 40,500 62 ...... 64,300 41,700 63 ...... 66,200 42,900 64 ...... 68,400 44,100 65 and older ...... 70,800 45,500 28456 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices INDEPENDENT STUDENTS WITHOUT DEPENDENTS OTHER THAN A SPOUSE And the student is Single If the age of the student is Then the edu- Married cation savings and asset pro- tection allow- ance isÐ 25 or less ...... 0 0 26 ...... 2,300 1,600 27 ...... 4,600 3,300 28 ...... 7,000 4,900 29 ...... 9,300 6,500 30 ...... 11,600 8,200 31 ...... 13,900 9,800 32 ...... 16,200 11,400 33 ...... 18,600 13,100 34 ...... 20,900 14,700 35 ...... 23,200 16,300 36 ...... 25,500 18,000 37 ...... 27,800 19,600 38 ...... 30,200 21,200 39 ...... 32,500 22,900 40 ...... 34,800 24,500 41 ...... 35,500 25,000 42 ...... 36,400 25,600 43 ...... 37,300 26,100 44 ...... 38,300 26,700 45 ...... 39,200 27,200 46 ...... 40,300 27,900 47 ...... 41,300 28,600 48 ...... 42,300 29,300 49 ...... 43,700 29,800 50 ...... 44,800 30,500 51 ...... 45,900 31,300 52 ...... 47,400 32,000 53 ...... 48,500 33,000 54 ...... 50,100 33,700 55 ...... 51,600 34,500 56 ...... 53,200 35,500 57 ...... 54,800 36,400 58 ...... 56,500 37,400 59 ...... 58,200 38,300 60 ...... 60,000 39,400 61 ...... 62,100 40,500 62 ...... 64,300 41,700 63 ...... 66,200 42,900 64 ...... 68,400 44,100 65 and older ...... 70,800 45,500 INDEPENDENT STUDENTS WITH DEPENDENTS OTHER THAN A SPOUSE And the student is Single If the age of the student is Then the edu- Married cation savings and asset pro- tection allow- ance isÐ 25 or less ...... 0 0 26 ...... 2,300 1,600 27 ...... 4,600 3,300 28 ...... 7,000 4,900 29 ...... 9,300 6,500 30 ...... 11,600 8,200 31 ...... 13,900 9,800 32 ...... 16,200 11,400 33 ...... 18,600 13,100 34 ...... 20,900 14,700 35 ...... 23,200 16,300 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices 28457 INDEPENDENT STUDENTS WITH DEPENDENTS OTHER THAN A SPOUSEÐContinued And the student is Single If the age of the student is Then the edu- Married cation savings and asset pro- tection allow- ance isÐ 36 ...... 25,500 18,000 37 ...... 27,800 19,600 38 ...... 30,200 21,200 39 ...... 32,500 22,900 40 ...... 34,800 24,500 41 ...... 35,500 25,000 42 ...... 36,400 25,600 43 ...... 37,300 26,100 44 ...... 38,300 26,700 45 ...... 39,200 27,200 46 ...... 40,300 27,900 47 ...... 41,300 28,600 48 ...... 42,300 29,300 49 ...... 43,700 29,800 50 ...... 44,800 30,500 51 ...... 45,900 31,300 52 ...... 47,400 32,000 53 ...... 48,500 33,000 54 ...... 50,100 33,700 55 ...... 51,600 34,500 56 ...... 53,200 35,500 57 ...... 54,800 36,400 58 ...... 56,500 37,400 59 ...... 58,200 38,300 60 ...... 60,000 39,400 61 ...... 62,100 40,500 62 ...... 64,300 41,700 63 ...... 66,200 42,900 64 ...... 68,400 44,100 65 and older ...... 70,800 45,500 4. Assessment Schedules and Rates INDEPENDENT STUDENTSÐContinued INDEPENDENT STUDENTS WITH DE- PENDENTS OTHER THAN A Two separate assessment schedules— Then the contribution SPOUSEÐContinued one for dependent students, and one for If AAI isÐ isÐ independent students with dependents Then the contribution other than a spouse—are used in $10,301 to $12,900 ... $2,266 +25% of AAI If AAI isÐ isÐ determining the expected family over $10,300. contribution toward educational $12,901 to $15,500 ... $2,916 +29% of AAI $18,101 to $20,700 ... $4,554 +40% of AAI expenses from family financial over $12,900. over $18,100. $15,501 to $18,100 ... $3,670 +34% of AAI resources. $20,701 or more ...... $5,594 +47% of AAI over $15,500. over $20,700. For dependent students, the expected $18,101 to $20,700 ... $4,554 +40% of AAI parental contribution is derived from an over $18,100. 5. Employment Expense Allowance assessment of the parents’ adjusted $20,701 or more ...... $5,594 +47% of AAI available income (AAI). For over $20,700. This allowance for employment- independent students with dependents related expenses, which is used for the parents of dependent students and for other than a spouse, the expected INDEPENDENT STUDENTS WITH contribution is derived from an married independent students with DEPENDENTS OTHER THAN A SPOUSE assessment of the family’s AAI. The AAI dependents, recognizes additional represents a measure of financial expenses incurred by working spouses Then the contribution and single-parent households. The strength which considers both income If AAI isÐ isÐ and assets. allowance is based upon the marginal Less than ¥$3,409 .. ¥$750. differences in costs for a two-earner INDEPENDENT STUDENTS $3,409 to $10,300 ..... 22% of AAI. family compared to a one-earner family $10,301 to $12,900 ... $2,266 +25% of AAI for meals away from home, apparel and Then the contribution over $10,300. upkeep, transportation, and If AAI isÐ isÐ $12,901 to $15,500 ... $2,916 +29% of AAI housekeeping services. over $12,900. The employment expense allowance Less than ¥$3,409 .. ¥$750. $15,501 to $18,100 ... $3,670 +34% of AAI for parents of dependent students, $3,409 to $10,300 ..... 22% of AAI. over $15,500. married independent students without 28458 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices dependents other than a spouse, and 6. Allowance for State and Other Taxes tables for state and other taxes, one each independent students with dependents This allowance for state and other for parents of dependent students, other than a spouse is the lesser of taxes protects a portion of the parents’ dependent students, independent $2,600 or 35 percent of earned income. and student’s income from being students without dependents other than considered available for postsecondary a spouse, and independent students education expenses. There are four with dependents other than a spouse. PARENTS OF DEPENDENT STUDENTS And parents' total income isÐ $15,000 of If parents' State or territory of residence is more less than $15,000 or Then the percentage isÐ Wyoming, Tennessee, Nevada, Alaska, Texas ...... 3 2 Louisiana, Florida, Washington, South Dakota ...... 4 3 Alabama, Mississippi ...... 5 4 North Dakota, Illinois, Connecticut, New Mexico, Missouri, West Virginia, Arizona, Indiana, Oklahoma, Arkansas ..... 6 5 New Hampshire, Pennsylvania, Colorado, Georgia, Kansas, Kentucky, Idaho ...... 7 6 North Carolina, Virginia, Delaware, South Carolina, Ohio, Utah, Nebraska, Montana, California, New Jersey, Iowa, Vermont, Hawaii ...... 8 7 Massachusetts, Rhode Island, Michigan, Minnesota, Maine, Maryland ...... 9 8 District of Columbia, Wisconsin, Oregon ...... 10 9 New York ...... 11 10 Other ...... 4 3 INDEPENDENT STUDENTS WITH DEPENDENTS OTHER THAN A SPOUSE And student's total in- come isÐ $15,000 or If student's State or territory of residence is more less than $15,000 or Then the percentage isÐ Wyoming, Tennessee, Nevada, Alaska, Texas ...... 3 2 Louisiana, Florida, Washington, South Dakota ...... 4 3 Alabama, Mississippi ...... 5 4 North Dakota, Illinois, Connecticut, New Mexico, Missouri, West Virginia, Arizona, Indiana, Oklahoma, Arkansas ..... 6 5 New Hampshire, Pennsylvania, Colorado, Georgia, Kansas, Kentucky, Idaho ...... 7 6 North Carolina, Virginia, Delaware, South Carolina, Ohio, Utah, Nebraska, Montana, California, New Jersey, Iowa, Vermont, Hawaii ...... 8 7 Massachusetts, Rhode Island, Michigan, Minnesota, Maine, Maryland ...... 9 8 District of Columbia, Wisconsin, Oregon ...... 10 9 New York ...... 11 10 Other ...... 4 3 DEPENDENT STUDENTS The per- If student's State or territory of residence is centage isÐ Alaska, Texas, South Dakota, Wyoming, Washington, Tennessee, Nevada ...... 0 Florida, New Hampshire ...... 1 Connecticut, Louisiana, Illinois, North Dakota ...... 2 Mississippi, Arizona, Alabama, Pennsylvania, New Jersey, Missouri ...... 3 Nebraska, Indiana, Colorado, New Mexico, Oklahoma, Kansas, West Virginia, Rhode Island, Virginia, Georgia, Arkansas, Ver- mont, Michigan ...... 4 Montana, Idaho, Utah, Kentucky, Massachusetts, California, North Carolina, South Carolina, Ohio, Iowa, Delaware, Maine, Wis- consin ...... 5 Oregon, Maryland, Minnesota, Hawaii ...... 6 District of Columbia, New York ...... 7 Other ...... 2 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices 28459 Independent Students Without Dependents Other Than a Spouse The per- If student's State or territory of residence is centage isÐ Alaska, Texas, South Dakota, Wyoming, Washington, Tennessee, Nevada ...... 0 Florida, New Hampshire ...... 1 Connecticut, Louisiana, Illinois, North Dakota ...... 2 Mississippi, Arizona, Alabama, Pennsylvania, New Jersey, Missouri ...... 3 Nebraska, Indiana, Colorado, New Mexico, Oklahoma, Kansas, West Virginia, Rhode Island, Virginia, Georgia, Arkansas, Ver- mont, Michigan ...... 4 Montana, Idaho, Utah, Kentucky, Massachusetts, California, North Carolina, South Carolina, Ohio, Iowa, Delaware, Maine, Wis- consin ...... 5 Oregon, Maryland, Minnesota, Hawaii ...... 6 District of Columbia, New York ...... 7 Other ...... 2 (Catalog of Federal Domestic Assistance Numbers: 84.007 Federal Supplemental Educational Opportunity Grant; 84.032 Federal Family Education Loan Program; 84.033 Federal Work-Study Program; 84.038 Federal Perkins Loan Program; 84.063 Federal Pell Grant Program; William D. Ford Federal Direct Loan Program, 84.268) Dated: May 24, 1995. David A. Longanecker Assistant Secretary for Postsecondary Education [FR Doc. 95–13199 Filed 5–30–95; 8:45 am] BILLING CODE 4000±01±P federal register May 31,1995 Wednesday Notice Regulatory WaiverRequestsGranted; Office oftheSecretary Development Housing andUrban Department of Part IV 28461 28462 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices DEPARTMENT OF HOUSING AND publishing a Notice in the Federal provided in the Appendix that follows URBAN DEVELOPMENT Register. These Notices (each covering this Notice. the period since the most recent Dated: May 22, 1995. Office of the Secretary previous notification) shall: Henry G. Cisneros, a. Identify the project, activity, or [FR±3864±N±01] undertaking involved; Secretary. Notice of Regulatory Waiver Requests b. Describe the nature of the provision Appendix—Listing of Waivers of Granted waived, and the designation of the Regulatory Requirements Granted by provision; Officers of the Department of Housing AGENCY: Office of the Secretary, HUD. c. Indicate the name and title of the and Urban Development October 1, ACTION: Public Notice of the Granting of person who granted the waiver request; 1994 through December 31, 1994 d. Describe briefly the grounds for Regulatory Waivers. Request: October 1, Note to Reader: The person to be contacted 1994 through December 31, 1994. approval of the request; e. State how additional information for additional information about these about a particular waiver grant action waiver-grant items in this listing is: James B. SUMMARY: Under the Department of Mitchell, Director, Financial Services Housing and Urban Development may be obtained. Division, Office of Housing, Department of Reform Act of 1989 (Reform Act), the Section 106 also contains Housing and Urban Development, 470 Department (HUD) is required to make requirements applicable to waivers of L’Enfant Plaza East, room 3119, Washington, public all approval actions taken on HUD handbook provisions that are not DC 20024, Phone: (202) 755–7450. waivers of regulations. This notice is the relevant to the purposes of today’s 1. REGULATION: 24 CFR Sections sixteenth in a series, being published on document. 811.106(d) and 811.107(d) of 1977 a quarterly basis, providing notification Today’s document follows Regulations. PROJECT/ACTIVITY: The Louisville of waivers granted during the preceding publication of HUD’s Statement of Policy on Waiver of Regulations and Housing Authority refunding of bonds which reporting period. The purpose of this financed an uninsured Section 8 assisted notice is to comply with the Directives Issued by HUD (56 FR 16337, April 22, 1991). This is the sixteenth project, Carrousel Apartments, Project requirements of section 106 of the Number 083–35365. Reform Act. Notice of its kind to be published under NATURE OF REQUIREMENT: The Section 106. It updates HUD’s waiver- FOR FURTHER INFORMATION CONTACT: Regulations set conditions under which HUD For grant activity from October 1, 1994 general information about this Notice, may grant a Section 11(b) letter of exemption through December 31, 1994. of multifamily housing revenue bonds from contact Camille E. Acevedo, Assistant For ease of reference, waiver requests Federal income taxation. General Counsel for Regulations, Room grant by departmental officials GRANTED BY: Nicolas P. Retsinas, 10276, Department of Housing and authorized to grant waivers are listed in Assistant Secretary for Housing-FHA Urban Development, 451 Seventh Street, a sequence keyed to the section number Commissioner SW, Washington, DC 20410; telephone of the HUD regulation involved in the DATE GRANTED: December 28, 1994 202–708–3055; TDD: (202) 708–3259. waiver action. For example, a waiver- REASONS WAIVED: The Part 811 (These are not toll-free numbers.) For regulations cited were intended for original grant action involving exercise of bond financing transactions and do not fit the information concerning a particular authority under 24 CFR 24.200 waiver action, about which public terms of refunding transactions. This (involving the waiver of a provision in refunding proposal was approved by HUD on notice is provided in this document, Part 24) would come early in the December 1, 1994. Refunding bonds have contact the person whose name and sequence, while waivers in the Section been priced to an average yield of 7.49%. The address is set out, for the particular 8 and Section 202 programs (24 CFR tax-exempt refunding bond issue of item, in the accompanying list of Chapter VIII) would be among the last $6,120,000 at current low-interest rates will waiver-grant action. matters listed. Where more than one save Section 8 subsidy. The Treasury also SUPPLEMENTARY INFORMATION: As part of regulatory provision is involved in the gains long-term tax revenue benefits through the Housing and Urban Development replacement of outstanding tax-exempt grant of a particular waiver request, the coupons of 11%–12% at the call date in 1994 Reform Act of 1989, the Congress action is listed under the section with tax-exempt bonds at a substantially adopted, at HUD’s request, legislation to number of the first regulatory lower interest rate. The refunding will also limit and control the granting of requirement in Title 24 that is being substantially reduce the mortgage interest regulatory waivers by the Department. waived as part of the waiver-grant rate at expiration of the HAP contract from Section 106 of the Act (Section 7(q)(3)) action. (For example, a waiver of both 12% to 8.28%, thus reducing FHA mortgage of the Department of Housing and Urban § 811.105(b) and § 811.107(a) would insurance risk. The refunding serves the Development Act, 42 U.S.C. 3535(q)(3), appear sequentially in the listing under important public purposes of reducing HUD’s provides that: § 811.105(b).) Waiver-grant actions Section 8 program costs, improving Treasury 1. Any waiver of a regulation must be tax revenues (helping reduce the budget involving the same initial regulatory deficit), and increasing the likelihood that in writing and must specify the grounds citation are in time sequence beginning projects will continue to provide housing for for approving the waiver; with the earliest-dated waiver grant lower income families after subsidies expire, 2. Authority to approve a waiver of a action. a priority HUD objective. regulation may be delegated by the Should the Department receive 2. REGULATION: 24 CFR Sections Secretary only to an individual of additional reports of waiver actions 811.106(d) and 811.107(d) of 1977 Assistant Secretary rank or equivalent taken during the period covered by this Regulations. rank, and the person to whom authority report before the next report is PROJECT/ACTIVITY: Cuyahoga to waive is delegated must also have published, the next updated report will Metropolitan (Ohio) HA refunding of bonds authority to issue the particular which financed an uninsured Section 8 include these earlier actions, as well as assisted project: Ambleside Elderly regulation to be waived; those that occur between April 1, 1995 Apartments, HUD Project Number OH16– 3. Not less than quarterly, the through June 30, 1995. 0013–012, in Cleveland, Ohio. Secretary must notify the public of all Accordingly, information about NATURE OF REQUIREMENT: The waivers of regulations that the approved waiver requests pertaining to Regulations set conditions under which HUD Department has approved, by regulations of the Department is may grant a Section 11(b) letter of exemption Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices 28463 of multifamily housing revenue bonds from PROJECT/ACTIVITY: Berne, Indiana, HDC refunding bond issue of $1,910,000 at current Federal income taxation. refunding of bonds which financed Section 8 low-interest rates will save Section 8 subsidy. GRANTED BY: Nicolas P. Retsinas, assisted project, the Swiss Meadows The Treasury also gains long-term tax Assistant Secretary for Housing-FHA Apartments (FHA No. 073–35378). revenue benefits through replacement of Commissioner NATURE OF REQUIREMENT: The outstanding tax-exempt coupons of 11.8% at DATE GRANTED: December 28, 1994 Regulations set conditions under which HUD the call date in 1994 with tax-exempt bonds REASONS WAIVED: The Part 811 may grant a Section 11(b) letter of exemption yielding 6.65%. The refunding will also regulations cited above prohibited refundings of multifamily housing revenue bonds from substantially reduce project debt service at and required that excess reserve balances be Federal income taxation and authorize call of expiration of the HAP contracts, thus used for project purposes. The issuer has debentures prior to maturity. reducing FHA mortgage insurance risk. The requested HUD permission to release excess GRANTED BY: Nicolas P. Retsinas, refunding serves the important public reserve balances from the 1977 Trust Assistant Secretary for Housing-Federal purposes of reducing HUD’s Section 8 Indenture for use in providing newly Housing Commissioner program costs, improving Treasury tax constructed or rehabilitated housing for low- DATE GRANTED: October 24, 1994 revenues (helping reduce the budget deficit), income families. Issuance of 1994 refunding REASONS WAIVED: The Part 811 and increasing the likelihood that projects bonds under Section 103 of the Tax Code regulations cited above were intended for will continue to provide housing for lower will not reduce project debt service nor original bond financing transactions and do income families after subsidies expire, a generate Section 8 savings. The Housing not fit the terms of refunding transactions. To priority HUD objective. Authority will agree to extend low-income credit enhance refunding bonds not fully 6. REGULATION: 24 CFR Sections occupancy in this project for 10 years after secured by the FHA mortgage amount, HUD 811.107(a)(2), 811.108(a)(1), 811.108(a)(3), expiration of the Housing Assistance also agrees not to exercise its option under 811.114(b)(3), 811.114(d), 811.115(b). Payments Contract. 24 CFR Section 207.259(e) to call debentures PROJECT/ACTIVITY: The Housing Finance 3. REGULATION: 24 CFR Sections prior to maturity. This refunding proposal Corporation of Paterson, New Jersey 811.107(a)(2), 811.107(b), 811.108(a)(1), was approved by HUD on September 8, 1994. refunding of bonds which financed a Section 811.108(a)(3), 811.114(b)(3), 811.114(d), Refunding bonds have been priced to an 8 assisted project, Aspen-Hamilton 811.115(b). average yield of 7.45%. The tax-exempt Apartments, FHA No. 031–35233. PROJECT/ACTIVITY: Cuyahoga County refunding bond issue of $1,875,000 at current NATURE OF REQUIREMENT: The (Ohio) Metropolitan Housing Authority low-interest rates will save Section 8 subsidy. Regulations set conditions under which HUD refunding of bonds which financed Section 8 The Treasury also gains long-term tax may grant a Section 11(b) letter of exemption assisted projects, Rock Glen and Chester revenue benefits through replacement of of multifamily housing revenue bonds from Village Apartments (FHA No. 042–35394 and Federal income taxation and authorize call of outstanding tax-exempt coupons of 101⁄4% at 042–35407). debentures prior to maturity. the call date with tax-exempt bonds yielding NATURE OF REQUIREMENT: The GRANTED BY: Nicolas P. Retsinas, 7.45%. The refunding will also substantially Regulations set conditions under which HUD Assistant Secretary for Housing-Federal reduce the FHA mortgage interest rate at may grant a Section 11(b) letter of exemption Housing Commissioner expiration of the HAP contract from 10.5% of multifamily housing revenue bonds from DATE GRANTED: October 25, 1994 and 8.3%, thus reducing FHA mortgage Federal income taxation and authorize call of REASONS WAIVED: The Part 811 debentures prior to maturity. insurance risk. The refunding serves the regulations cited above were intended for GRANTED BY: Nicolas P. Retsinas, important public purposes of reducing HUD’s original bond financing transactions and do Assistant Secretary for Housing-Federal Section 8 program costs, improving Treasury not fit the terms of refunding transactions. To Housing Commissioner tax revenues (helping reduce the budget credit enhance refunding bonds not fully DATE GRANTED: October 19, 1994 deficit), and increasing the likelihood that secured by the FHA mortgage amount, HUD REASONS WAIVED: The Part 811 projects will continue to provide housing for also agrees not to exercise its option under regulations cited above were intended for low-income families after subsidies expire, a 24 CFR Section 207.259(e) to call debentures original bond financing transactions and do priority HUD objective. prior to maturity. This refunding proposal not fit the terms of refunding transactions. To 5. REGULATION: 24 CFR Sections was approved by HUD on August 9, 1994. credit enhance refunding bonds not fully 811.107(a)(2), 811.107(b), 811.108(a)(1), Refunding bonds have been priced to an secured by the FHA mortgage amount, HUD 811.108(a)(3), 811.114(b)(3), 811.114(d), average yield of 7.25%. The tax-exempt also agrees not to exercise its option under 811.115(b). refunding bond issue of $3,175,000 at current 24 CFR Section 207.259(e) to call debentures PROJECT/ACTIVITY: Greensboro, North low-interest rates will save Section 8 subsidy. prior to maturity. This refunding proposal Carolina HDC refunding of bonds which The Treasury also gains long-term tax was approved by HUD on October 12, 1994. financed two Section 8 assisted projects, revenue benefits through replacement of Refunding bonds have been priced to an Gatewood Manor Apartments, FHA No. 053– outstanding tax-exempt coupons of 10.5% at average yield of 7.12%. The tax-exempt 35404 and Laurence Manor, FHA No. 053– the call date in 1994 with tax-exempt bonds refunding bond issue of $3,110,000 at current 35427. at a substantially lower interest rate. The low-interest rates will save Section 8 subsidy. NATURE OF REQUIREMENT: The refunding will also substantially reduce the The Treasury also gains long-term tax Regulations set conditions under which HUD FHA mortgage interest rate at expiration of revenue benefits through replacement of may grant a Section 11(b) letter of exemption the HAP contract from 10.75% to 7.9%, thus outstanding tax-exempt coupons of 9.25%– of multifamily housing revenue bonds from reducing FHA mortgage insurance risk, and 10.5% at the call date with tax-exempt bonds Federal income taxation and authorize call of will provide funds of $50,000 for project yielding 7.12%. The refunding will also debentures prior to maturity. repairs. The refunding serves the important substantially reduce the FHA mortgage GRANTED BY: Nicolas P. Retsinas, public purposes of reducing HUD’s Section 8 interest rate at expiration of the HAP contract Assistant Secretary for Housing-Federal program costs, improving Treasury tax from 10.5% and 9.75% to 8.5% and 7.25%, Housing Commissioner revenues (helping reduce the budget deficit), thus reducing FHA mortgage insurance risk. DATE GRANTED: October 25, 1994 and increasing the likelihood that projects The refunding serves the important public REASONS WAIVED: The Part 811 will continue to provide housing for low- purposes of reducing HUD’s Section 8 regulations cited above were intended for income families after subsidies expire, a program costs, improving Treasury tax original bond financing transactions and do priority HUD objective. revenues, (helping reduce the budget deficit), not fit the terms of refunding transactions. To 7. REGULATION: 24 CFR Sections and increasing the likelihood that projects credit enhance refunding bonds not fully 811.107(a)(2), 811.107(b), 811.108(A)(1), will continue to provide housing for low- secured by the FHA mortgage amount, HUD 811.108(a)(3), 811.114(b)(3), 811.114(d), income families after subsidies expire, a also agrees not to exercise its option under 811.115(b). priority HUD objective. 24 CFR Section 207.259(e) to call debentures PROJECT/ACTIVITY: The Akron (Ohio) 4. REGULATION: 24 CFR Sections prior to maturity. This refunding proposal Metropolitan Housing Authority refunding of 811.107(a)(2), 811.107(b), 811.108(a)(1), was approved by HUD on August 23, 1994. bonds which financed a Section 8 assisted 811.108(a)(3), 811.114(b)(3), 811.114(d), Refunding bonds have been priced to an project, Briarwood Estates Apartments, FHA 811.115(b). average yield of 6.65%. The tax-exempt No. 042–35337. 28464 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices NATURE OF REQUIREMENT: The revenue benefits through replacement of NATURE OF REQUIREMENT: The Regulations set conditions under which HUD outstanding tax-exempt coupons of 10.45% Regulations set conditions under which HUD may grant a Section 11(b) letter of exemption at the call date in 1994 with tax-exempt may grant a Section 11(b) letter of exemption of multifamily housing revenue bonds from bonds at a substantially lower interest rate. of multifamily housing revenue bonds from Federal income taxation and authorize call of The refunding will also substantially reduce Federal income taxation and authorize call of debentures prior to maturity. the FHA mortgage interest rate at expiration debentures prior to maturity. GRANTED BY: Nicolas P. Retsinas, of the HAP contract from 10.73% to 7.9%, GRANTED BY: Nicolas P. Retsinas, Assistant Secretary for Housing-Federal thus reducing FHA mortgage insurance risk. Assistant Secretary for Housing-Federal Housing Commissioner The refunding serves the important public Housing Commissioner DATE GRANTED: November 10, 1994 purposes of reducing HUD’s Section 8 DATE GRANTED: December 28, 1994 REASONS WAIVED: The Part 811 program costs, improving Treasury tax REASONS WAIVED: The Part 811 regulations cited above were intended for revenues (helping reduce the budget deficit), regulations cited above were intended for original bond financing transactions and do and increasing the likelihood that projects original bond financing transactions and do not fit the terms of refunding transactions. To will continue to provide housing for low- not fit the terms of refunding transactions. To credit enhance refunding bonds not fully income families after subsidies expire, a credit enhance refunding bonds not fully secured by the FHA mortgage amount, HUD priority HUD objective. secured by the FHA mortgage amount, HUD also agrees not to exercise its option under 9. REGULATION: 24 CFR Sections also agrees not to exercise its option under 24 CFR Section 207.259(e) to call debentures 811.107(a)(2), 811.107(b), 811.108(A)(1), 24 CFR Section 207.259(e) to call debentures prior to maturity. This refunding proposal 811.108(a)(3), 811.114(b)(3), 811.114(d), prior to maturity. This refunding proposal was approved by HUD on August 23, 1994. 811.115(b). was approved by HUD on December 20, Refunding bonds have been priced to an PROJECT/ACTIVITY: The Elizabeth City 1994. Refunding bonds have been priced to average yield of 7.19%. The tax-exempt (North Carolina) Housing Authority an average yield of 7.15%. The tax-exempt refunding bond issue of $3,750,000 at current refunding of bonds which financed a Section refunding bond issue of $1,410,000 at current low-interest rates will save Section 8 subsidy. 8 assisted project, Virginia Dare Apartments low-interest rates will save Section 8 subsidy. The Treasury also gains long-term tax (FHA No. 053–35371). The Treasury also gains long-term tax revenue benefits through replacement of NATURE OF REQUIREMENT: The revenue benefits through replacement of outstanding tax-exempt coupons of 9.5% at Regulations set conditions under which HUD outstanding tax-exempt coupons of 11.5% at the call date in 1994 with tax-exempt bonds may grant a Section 11(b) letter of exemption the call date in 1994 with tax-exempt bonds at a substantially lower interest rate. The of multifamily housing revenue bonds from at a substantially lower interest rate. The refunding will also substantially reduce the Federal income taxation and authorize call of refunding will also substantially reduce the FHA mortgage interest rate at expiration of debentures prior to maturity. FHA mortgage interest rate at expiration of the HAP contract from 9.375% to 6.52%, GRANTED BY: Nicolas P. Retsinas, the HAP contract from 11.78% to 7.6%, thus thus reducing FHA mortgage insurance risk, Assistant Secretary for Housing-Federal reducing FHA mortgage insurance risk, and and will provide funds of $44,544 for project Housing Commissioner will provide funds of $100,000 for project repairs. The refunding serves the important DATE GRANTED: December 27, 1994 repairs. The refunding serves the important public purposes of reducing HUD’s Section 8 REASONS WAIVED: The Part 811 public purposes of reducing HUD’s Section 8 program costs, improving Treasury tax regulations cited above were intended for program costs, improving Treasury tax revenues (helping reduce the budget deficit), original bond financing transactions and do revenues (helping reduce the budget deficit), and increasing the likelihood that projects not fit the terms of refunding transactions. To and increasing the likelihood that projects will continue to provide housing for low- credit enhance refunding bonds not fully will continue to provide housing for low- income families after subsidies expire, a secured by the FHA mortgage amount, HUD income families after subsidies expire, a priority HUD objective. also agrees not to exercise its option under priority HUD objective. 8. REGULATION: 24 CFR Sections 24 CFR Section 207.259(e) to call debentures 11. REGULATION: 24 CFR Sections 811.107(a)(2), 811.107(b), 811.108(a)(1), prior to maturity. This refunding proposal 811.114(d), 811.115(b), 811.117. 811.108(a)(3), 811.114(b)(3), 811.114(d), was approved by HUD on December 20, PROJECT/ACTIVITY: The Housing Finance 811.115(b). 1994. Refunding bonds have been priced to Corporation of Newark, New Jersey refunding PROJECT/ACTIVITY: The Raleigh (North an average yield of 7.11%. The tax-exempt of bonds which financed a Section 8 assisted Carolina) Housing Authority refunding of refunding bond issue of $2,150,000 at current project, Broadway Manor Apartments (FHA bonds which financed a Section 8 assisted low-interest rates will save Section 8 subsidy. No. 031–35235). project, Pine Village Apartments FHA No. The Treasury also gains long-term tax NATURE OF REQUIREMENT: The 053–35551. revenue benefits through replacement of Regulations set conditions under which HUD NATURE OF REQUIREMENT: The outstanding tax-exempt coupons of 11.9% at may grant a Section 11(b) letter of exemption Regulations set conditions under which HUD the call date in 1994 with tax-exempt bonds of multifamily housing revenue bonds from may grant a Section 11(b) letter of exemption at a substantially lower interest rate. The Federal income taxation. of multifamily housing revenue bonds from refunding will also substantially reduce the GRANTED BY: Nicolas P. Retsinas, Federal income taxation and authorize call of FHA mortgage interest rate at expiration of Assistant Secretary for Housing-Federal debentures prior to maturity. the HAP contract, from(12% to 7.87%, thus Housing Commissioner GRANTED BY: Nicolas P. Retsinas, reducing FHA mortgage insurance risk, and DATE GRANTED: November 16, 1994 Assistant Secretary for Housing-Federal will provide funds of $198,000 for project REASONS WAIVED: The Part 811 Housing Commissioner repairs. The refunding serves the important regulations cited above were intended for DATE GRANTED: November 16, 1994 public purposes of reducing HUD’s Section 8 original bond financing transactions and do REASONS WAIVED: The Part 811 program costs, improving Treasury tax not fit the terms of refunding transactions regulations cited above were intended for revenues (helping reduce the budget deficit), under Section 103 of the Tax Code. This original bond financing transactions and do and increasing the likelihood that projects refunding proposal was approved by HUD on not fit the terms of refunding transactions. To will continue to provide housing for low- October 21, 1994. Refunding bonds have credit enhance refunding bonds not fully income families after subsidies expire, a been priced to an average yield of 7.51%. The secured by the FHA mortgage amount, HUD priority HUD objective. tax-exempt refunding bond issue of also agrees not to exercise its option under 10. REGULATION: 24 CFR Sections $3,824,000 at current low-interest rates will 24 CFR Section 207.259(e) to call debentures 811.107(a)(2), 811.107(b), 811.108(A)(1), save Section 8 subsidy. The Treasury also prior to maturity. This refunding proposal 811.108(a)(3), 811.114(b)(3), 811.114(d), gains long-term tax revenue benefits through was approved by HUD on February 7, 1994. 811.115(b). replacement of outstanding tax-exempt Refunding bonds have been priced to an PROJECT/ACTIVITY: The Erie County coupons of 10.8% at the call date in 1994 average yield of 7.41%. The tax-exempt (Pennsylvania) Housing Authority refunding with tax-exempt bonds at a substantially refunding bond issue of $1,300,000 at current of bonds which financed a Section 8 assisted lower interest rate. The refunding serves the low-interest rates will save Section 8 subsidy. project, Edinlake Apartments (FHA No. 033– important public purposes of reducing HUD’s The Treasury also gains long-term tax 35148). Section 8 program costs, improving Treasury Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices 28465 tax revenues (helping reduce the budget 92.216 and 92.252(a)(3) of the HOME conditions are quite different in the remote deficit), and increasing the likelihood that program regulations. area of the Navajo County and it would be projects will continue to provide housing for NATURE OF REQUIREMENT: The prohibitively expensive to meet HQS. This low-income families after subsidies expire, a regulations at 92.216 and 92.252(a)(3) state waiver applies only to those instances where priority HUD objective. income targeting requirements allow HOME rehabilitation will not bring the unit to the Note to the reader: The person to be funds to be used only in units where the level of HQS requirements due to the remote contacted for additional information about occupants are or will be low-income families. location and/or inaccessibility of utilities. these waiver-grant items is: GRANTED BY: Andrew Cuomo, Assistant 19. REGULATION: 24 CFR 92.252(a)(2) Debbie Ann Wills, Field Management Secretary for Community Planning and NATURE OF REQUIREMENT: Developers Officer, U.S. Department of Housing & Urban Development of the Spring Homes Project requested a Development, Office of Community Planning DATE GRANTED: December 27, 1994 waiver of the HOME Program rent and Development, 451 7th Street, S.W., REASON WAIVED: The City of Santa limitations. Washington, D.C. 20410–7000, Telephone: Monica determined that many of the tenants GRANTED BY: Andrew Cuomo, Assistant (202) 708–2565. whose homes were damaged by the Secretary for Community Planning and 12. REGULATION: CFR 51.102(a)(3) and earthquake were low-income but not all those Development 51.104(b)(2) displaced were low-income. To further the DATE GRANTED: December 27, 1994 PROJECT/ACTIVITY: Leland Apartments a completion of the project and to allow former REASONS WAIVED: The Department Section 811 project containing 24 units tenants to return to the project the income recognizes that a difference exists between designed for the handicapped. determination requirements of the HOME the rent requirement of the HOME program NATURE OF REQUIREMENT: The program were waived. and the project-based rent structure of the regulations require that for a project exposed 16. REGULATION: 24 CFR 92.221(a)(3) Section 811 program consequently it was to unacceptable noise levels an PROJECT/ACTIVITY: The State of determined that there was good cause to environmental impact statement must be California requested a waiver of the match waive the 24 CFR 92.252(a)(2). conducted. credit under 24 CFR 92.221(a)(3). 20. REGULATION: 24 CFR 92.502(g) GRANTED BY: Andrew Cuomo, Assistant NATURE OF REQUIREMENT: The PROJECT/ACTIVITY: The State of Rhode Secretary for Community Planning and regulations at 24 CFR 92.221(a)(3) require a Island is requesting a waiver of Section Development match of HOME funds with local funds. 92.502(g) of the HOME program regulations DATE GRANTED: October 14, 1994. GRANTED BY: Andrew Cuomo, Assistant on behalf of the City of Providence. REASONS WAIVED: It was determined Secretary of Community Planning and NATURE OF REQUIREMENT: The that the project met the requirements of Development regulations at 92.502(g) state that a State and Section 51.104(b)(2) of the noise regulation in DATE GRANTED: October 14, 1994 local participating jurisdiction (PJ) may REASON WAIVED: Good cause was found jointly fund a project within the boundaries that noise is the only environmental issue to grant a waiver of 24 CFR 92.221(a)(3) for of the PJ, however, the State must designate and no outdoor noise sensitive use will take HOME projects owned by California non- the local PJ as a state recipient and that place. profit organizations to allow the present recipient must set up the project on the Cash 13. REGULATION: 24 CFR 91.60(c) discounted value of the welfare tax and Management Information System. NATURE OF REQUIREMENT: The exemption to be counted up front as match GRANTED BY: Andrew Cuomo, Assistant Assistant Secretary used the waiver authority for the HOME program. Secretary for Community Planning and of 24 CFR 91.99 to waive the provision of 24 17. REGULATION: 24 CFR 92.222(b) Development CFR 91.60 (c) that requires a 30-day public PROJECT/ACTIVITY: The State of Alabama DATE GRANTED: November 17, 1994 comment period on the proposed CHAS for requested that the match reduction made REASONS WAIVED: Because the State is all FY 1995 New York HUD-administered because the area was declared a natural responsible for overall administration of both Small Cities applicants. disaster area be extended for Fiscal 1995. projects and the bulk of the financing is from GRANTED BY: Andrew Cuomo, Assistant NATURE OF REQUIREMENT: Under the the State it is more reasonable for the State Secretary for Community Planning and HOME Program, each participating to set up the project on the CMI system. It Development jurisdiction must match its allocation of was determined that failure to grant the DATE GRANTED: December 5, 1994 HOME Program funds. Jurisdictions waiver would adversely impact the purposes REASONS WAIVED: The waiver will give designated federal ‘‘natural disaster areas’’ of Title II of the National Affordable Housing Small Cities applicants time to prepare the are given relief from the match requirements Act. required CHAS and apply for funding under for one year. 21. REGULATION: 24 CFR 291.400 the Small Cities Program in a more timely GRANTED BY: Andrew Cuomo, Assistant PROJECT/ACTIVITY: The Anoka County manner. Secretary for Community Planning and Community Action Program requested a 14. REGULATION: 24 CFR 92.214(a)(8) Development waiver of the 24 month residency for a tenant PROJECT/ACTIVITY: The City of REASON WAIVED: To relieve the in a single family property leased under the Homestead, Florida requested a waiver to jurisdiction of coming up with matching single family property disposition homeless allow HOME funds to be used to reimburse funds that would delay the use of HOME program. the City’s general fund for the cost of land funds in an emergency situation. NATURE OF THE REQUIREMENT: The which it had previously donated to the 18. REGULATION: 24 CFR 92.251(a) regulations at 291.400 prohibit a nonprofit Homestead Housing Authority. PROJECT/ACTIVITY: The State of Arizona organization or a community participating in NATURE OF REQUIREMENT: The new requested a waiver for Navajo County to the Single Family Property Disposition regulations at 92.214(a)(8) prohibit the use of permit rehabilitation which utilizes HOME Leasing Program from extending a lease to HOME funds ‘‘to pay for the acquisition of funds, without bringing the unit into the same tenant for a period beyond 24 property owned by the participating compliance with HUD housing quality months. jurisdiction.’’ standards (HQS) due to remote location and/ GRANTED BY: Andrew Cuomo, Assistant GRANTED BY: Andrew Cuomo, Assistant or inaccessible utilities. Secretary for Community Planning and Secretary for Community Planning and NATURE OF REQUIREMENT: Section Development Development 92.251(a) provides that housing assisted with DATED GRANTED: October 27, 1994 DATE GRANTED: November 18, 1994 HOME funds meet, at a minimum, HUD REASONS WAIVED: The waiver will allow REASONS WAIVED: The waiver was housing quality standards, and provides a formerly homeless family with three minor granted because the City of Homestead was other minimum standards for substantial children more time to find permanent in a unique situation due to Hurricane rehabilitation and new construction. housing. Andrew and the waiver was granted for good GRANTED BY: Andrew Cuomo, Assistant 22. REGULATION: 24 CFR 511.76(h) and cause. Secretary for Community Planning and 24 CFR 92.220(a)(1)(i) 15. REGULATION: 24 CFR 92.216 and 24 Development PROJECT/ACTIVITY: The City of Hickory CFR 92.252(a)(3) DATE GRANTED: November 18, 1994 North Carolina requested a waiver of program PROJECT/ACTIVITY: The City of Santa REASON WAIVED: The waiver was closeout requirements of the Rental Monica is requesting a waiver of 24 CFR granted because housing stock and cultural Rehabilitation program. 28466 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices NATURE OF REQUIREMENT: The structures principally benefit low- and DATE GRANTED: November 9, 1994 regulations at 24 CFR 511.76(h) and the moderate-income households. REASONS WAIVED: Under the Stewart B. HOME match requirements of 24 CFR GRANTED BY: Andrew Cuomo, Assistant McKinney Homeless Assistance Act, 92.220(a)(1)(i) state that program income Secretary for Community Planning and amended by the National Affordable Housing from Rental Rehabilitation grant can only be Development Act, the 30 percent cap on essential services used as HOME match only after closeout of DATE GRANTED: November 18, 1994 may be waived if the grantee ‘‘demonstrates the applicable Rental Rehabilitation grant. REASON WAIVED: The waiver would that the other eligible activities under the GRANTED BY: Andrew Cuomo, Assistant allow less than 51 percent low- and program are already being carried out in the Secretary for Community Planning and moderate-income occupancy of 3 projects locality with other resources.’’ The State Development rehabilitated through the Section 108 certified that its own shelters and nonprofit DATE GRANTED: November 1994 program, as long as the percentage of Section shelters have developed sufficient capacity to REASONS WAIVED: The North Carolina 108 funds applied to each project will not provide for every family that needs shelter, Housing Finance Agency (NCHFA), the constitute a greater percentage of funds than therefore, it was determined that the waiver Rental Rehabilitation grantee, had not yet the percentage of units occupied by low- and was appropriate. met the requirements for program closeout. moderate-income households. 29. REGULATION: 24 CFR 576.55(b)(2) However, the City of Hickory, as a 26. REGULATION: 24 CFR 576.55(b) and 24 CFR 576.21 subrecipient of the State, has closed out all PROJECT/ACTIVITY: The City of PROJECT/ACTIVITY: Jersey City, New of its RRP grants and was receiving program Binghamton, New York requested a waiver of Jersey requested a waiver of the requirement income from them. The waiver allowed the the Emergency Shelter Grants regulations at to spend its ESG funds within 24 months of City to use its program income to provide 24 CFR 576.21. grant award. The community also requested affordable rental housing to low-income NATURE OF REQUIREMENT. The a waiver of the cap of essential services residents. community requested a waiver of the cap of placed on ESG funds. 23. REGULATION: 24 CFR 570.200(h) essential services placed on ESG funds. NATURE OF REQUIREMENT: The PROJECT/ACTIVITY: The City of West GRANTED BY: Andrew Cuomo, Assistant regulations at 24 CFR 576.55 state that each Allis, Wisconsin requested a waiver of 24 Secretary for Community Planning and formula city or county must spend all its ESG CFR 570.200(h) regarding reimbursement of Development grant amount within 24 months of the grant pre-agreement costs for the Veteran’s Park DATE GRANTED: December 27, 1994 awarded by HUD. The Stewart B. McKinney Redevelopment Project. REASONS WAIVED: Under the Stewart B. Homeless Assistance Act imposes a cap on NATURE OF REQUIREMENT: Under the McKinney Homeless Assistance Act, ESG expenditures for essential services. regulations, a locality is precluded from amended by the National Affordable Housing GRANTED BY: Andrew Cuomo, Assistant obligating CDBG funds before grant award. Act, the 30 percent cap on essential services Secretary for Community Planning and Development GRANTED BY: Andrew Cuomo, Assistant may be waived if the grantee ‘‘demonstrates DATE GRANTED: October 25, 1994 Secretary for Community Planning and that the other (eligible activities under the REASONS WAIVED: The two waivers were Development program are already being carried out in the granted to further the purposes of the Act. DATE GRANTED: December 6, 1994 locality with other resources.’’ The City Because ESG monies were returned to the REASONS WAIVED: HUD determined that provided an analysis that demonstrated that line-of-credit, the time extension waiver was failure to grant the waiver would cause other categories of ESG activities will be granted. The essential services waiver was hardship and adversely affect the purposes of carried out locally with other resources, granted because the city could demonstrate the Act. The waiver of the limitations on pre- therefore, it was determined that the waiver that the other eligible activities under the agreement costs at 24 CFR 570.200(h) will was appropriate. program are already being carried out in the permit the reimbursement of local funds for 27. REGULATION: 24 CFR 576.55(b)(1) locality with other resources. the Veteran’s Park Redevelopment Project PROJECT/ACTIVITY: The City of 30. REGULATION: 24 CFR 808.408(b) with FY 1995 and 1996 CDBG funds. Cleveland Ohio requested a waiver of the PROJECT/ACTIVITY: The Allen 24. REGULATION: 24 CFR 570.208(a)(3) Emergency Shelter Grants regulations at 24 Metropolitan Housing Authority of the State PROJECT/ACTIVITY: The City of Oakland, CFR 576.55(b)(1). of Ohio requested a waiver which would California requested a waiver of the CDBG NATURE OF THE REQUIREMENT: The allow the PHA to utilize a gross rent for one regulations at 24 CFR 570.208(a)(3). regulations at 24 CFR 576.55(b)(1) require of its SRO projects that would exceed the NATURE OF THE REQUIREMENT: The that the city obligate its current year’s ESG applicable Fair Market Rent limitation regulations at 24 CFR 570.208(a)(3) require, grant within 180 days. permitted in its agreement with HUD. as a general rule, that CDBG-assisted housing GRANTED BY: Andrew Cuomo, Assistant NATURE OF REQUIREMENT: The SRO structures principally benefit low- and Secretary for Community Planning and regulations at 24 CFR 882.408(b) state that moderate-income households. Development the initial gross rent for any project must not GRANTED BY: Andrew Cuomo, Assistant DATE GRANTED: November 18, 1994 exceed the moderate rehabilitation FMR Secretary for Community Planning and REASONS WAIVED: The City entered into applicable to the unit on the date the Development a contract with a nonprofit agency to develop agreement is executed. DATE GRANTED: November 18, 1994 a program design and business plan to GRANTED BY: Andrew Cuomo, Assistant REASONS WAIVED: The waiver would implement the continuum of care approach Secretary for Community Planning and allow less than 100 percent of single family to serving the homeless. Budgetary details of Development homes at a 36-unit Planned Unit the contract were not finalized by the end of DATE GRANTED: November 21, 1994 Development to be sold to low- and the obligation deadline. HUD determined REASON WAIVED: It was determined that moderate-income households. The that enforcing the regulatory requirements the PHA had taken all reasonable actions to Department has determined that the City has would cause undue hardship on the grantee reduce the gross rents to within the demonstrated that application of 24 CFR and adversely affect the purposes of the ESG applicable FMR. So for project development 570.208(a)(3) would create undue hardship program. to proceed, the FMR was increased beyond and adversely affect the purposes of the Act 28. REGULATION: 24 CFR 576.55(b)(1) the amount stated in the agreement. because it would impose an economic and 24 CFR 576.21 Note to Reader: The person to be contacted hardship on low- and moderate-income PROJECT/ACTIVITY: The State of for additional information about the waiver- buyers other than the number to be Massachusetts requested a waiver of the grant items in this listing: Gary VanBuskirk, subsidized. Emergency Shelter Grants regulations at 24 Director Homeownership Division, Office of 25. REGULATION: 24 CFR 570.208(a)(3) CFR 576.21. Resident Initiatives, Department of Housing PROJECT/ACTIVITY: The City of Dallas, NATURE OF REQUIREMENT: The and Urban Development, 451 Seventh Street, Texas requested a waiver of the CDBG community requested a waiver of the cap of S.W., Room 4112, Washington, D.C. 20410, regulations at 24 CFR 570.208(a)(3) essential services placed on ESG funds. Phone: (202) 708–4233, (This is not a toll-free NATURE OF REQUIREMENT: The GRANTED BY: Andrew Cuomo, Assistant number). regulations at 24 CFR 570.208(a)(3) require, Secretary for Community Planning and 31. REGULATION: HOPE for Public and as a general rule, that CDBG-assisted housing Development Indian Housing Homeownership (HOPE 1) Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices 28467 Program, Guidelines, Section 301(b)(3) as grant as well as an unanticipated delay in DATE GRANTED: October 17, 1994 published on January 14, 1992 (57 FR 1522). incorporating resident groups at the two sites REASON WAIVED: Pursuant to Section PROJECT/ACTIVITY: To permit a HOPE 1 covered by the grant. The NBHA wished to 901 of the HOPE 1 Guidelines, a regulatory mini-planning grantee, the Nashua, New proceed to continue to work with the provision that is ‘‘not otherwise required by Hampshire Housing Authority (NHA), a time resident councils which have been formed as law’’ may be waived by the Assistant extension to carry out the activities specified well as to develop economic sufficiency Secretary for Public and Indian Housing in its grant agreement. This extension would programs to assist the residents in utilizing upon a determination of good cause, and be of benefit to the residents participating in the unexpended funds remaining. Further upon documentation of the pertinent facts homeownership planning under its HOPE 1 action on the grant, however, was contingent and grounds supporting the waiver. mini-planning grant. on the extension being granted. Good cause was exhibited as follows: NATURE OF REQUIREMENT: Section 33. REGULATION: HOPE for Public and The LHA noted that it had encountered 301(b)(3) of the HOPE 1 Program Guidelines Indian Housing Homeownership (HOPE 1) unexpected delays due to a change in the limits a HOPE 1 mini-planning grantee to Program, Guidelines, Section 301(b)(3) as outlook of the residents as the grant carrying out activities funded under its grant published on January 14, 1992 (57 FR 1522). progressed. The LHA wished to proceed with within eighteen (18) months of the effective PROJECT/ACTIVITY: To permit a HOPE 1 revised activities more in line with the date of the mini-planning grant agreement. mini-planning grantee, the Dover, New current desires of the residents under the GRANTED BY: Joseph Shuldiner, Assistant Hampshire Housing Authority (DHA), a time grant. After taking into consideration the Secretary for Public and Indian Housing extension to carry out the activities specified diminished prospects of obtaining future DATE GRANTED: October 17, 1994 in its grant agreement. This extension would HOPE funding, the LHA concluded that it REASON WAIVED: Pursuant to Section be of benefit to the residents participating in needed to alter the emphasis of its efforts 901 of the HOPE 1 Guidelines, a regulatory homeownership planning under its HOPE 1 under the grant to concentrate more on provision that is ‘‘not otherwise required by mini-planning grant. economic development planning activities. law’’ may be waived by the Assistant NATURE OF REQUIREMENT: Section Towards that end, the LHA would submit a Secretary for Public and Indian Housing 301(b)(3) of the HOPE 1 Program Guidelines request to revise its budget allocation to upon a determination of good cause, and limits a HOPE 1 mini-planning grantee to conform to the change in emphasis. Further upon documentation of the pertinent facts carrying out activities funded under its grant action on the grant, however, would be and grounds supporting the waiver. within eighteen (18) months of the effective contingent on the extension being granted. Good cause was exhibited as follows: date of the mini-planning grant agreement. 35. REGULATION: HOPE for Public and The authority proposed to utilize GRANTED BY: Joseph Shuldiner, Assistant Indian Housing Homeownership (HOPE 1) unobligated funds for a Career Path Program Secretary for Public and Indian Housing Program, Guidelines, Section 301(b)(1) as in conjunction with Girl’s Inc., N.H. DATE GRANTED: October 17, 1994 published on January 14, 1992 (57 FR 1522). Vocational Technical College and the N.H. REASON WAIVED: Pursuant to Section PROJECT/ACTIVITY: To permit a HOPE 1 Job Training Partnership Council for the 901 of the HOPE 1 Guidelines, a regulatory mini-planning grantee, the Knox County residents of their public housing projects. provision that is ‘‘not otherwise required by Housing Authority (KCHA), a time extension They have taken great care in planning law’’ may be waived by the Assistant to carry out the activities specified in its properly to insure that the unobligated funds Secretary for Public and Indian Housing grant agreement. This extension would be of provide maximum benefits as well as an upon a determination of good cause, and benefit to the residents participating in excellent opportunity for resident self- upon documentation of the pertinent facts homeownership planning under its HOPE 1 sufficiency. The NHA will submit a request and grounds supporting the waiver. mini-planning grant. to revise its budget allocation to conform to Good cause was exhibited as follows: NATURE OF REQUIREMENT: Section the proposed additional activities. Further The DHA noted that it had completed all 301(b)(3) of the HOPE 1 Program Guidelines action on the grant, however, was contingent of the activities originally proposed and still limit a HOPE 1 mini-planning grantee to on the extension being granted. had remaining funds. The DHA wished to carrying out activities funded under its grant 32. REGULATION: HOPE for Public and proceed with revised activities more in line within eighteen (18) months of the effective Indian Housing Homeownership (HOPE 1) with the current desires of the residents date of the mini-planning grant agreement. Program, Guidelines, Section 301(b)(3) as under the grant. After taking into GRANTED BY: Joseph Shuldiner, Assistant published on January 14, 1992 (57 FR 1522). consideration the diminished prospects of Secretary for Public and Indian Housing PROJECT/ACTIVITY: To permit a HOPE 1 obtaining future HOPE funding, the DHA DATE GRANTED: October 17, 1994 mini-planning grantee, the New Bern, North concluded that it needed to concentrate more REASON WAIVED: Pursuant to Section Carolina Housing Authority (NBHA), a time on economic development planning 901 of the HOPE 1 Guidelines, a regulatory extension to carry out the activities specified activities. Towards that end, the DHA will provision that is ‘‘not otherwise required by in its grant agreement. This extension would submit a request to revise its budget law’’ may be waived by the Assistant be of benefit to the residents participating in allocation to conform to the proposed Secretary for Public and Indian Housing homeownership planning under its mini- additional activities. Further action on the upon a determination of good cause, and planning grant NC19HM10050192. grant was contingent, however, on the upon documentation of the pertinent facts NATURE OF REQUIREMENT: Section extension being granted. and grounds supporting the waiver. 301(b)(3) of the HOPE 1 Program Guidelines 34. REGULATION: HOPE for Public and Good cause was exhibited as follows: limits a HOPE 1 mini-planning grantee to Indian Housing Homeownership (HOPE 1) The KCHA noted that it had encountered carrying out activities funded under its grant Program, Guidelines, Section 301(b)(3) as unexpected delays due to a change in the within eighteen (18) months of the effective published on January 14, 1992 (57 FR 1522). outlook of the residents as the grant date of the mini-planning grant agreement. PROJECT/ACTIVITY: To permit a HOPE 1 progressed. The KCHA wished to proceed GRANTED BY: Joseph Shuldiner, Assistant mini-planning grantee, the Lawrence, with revised activities more in line with the Secretary for Public and Indian Housing Massachusetts Housing Authority (LHA), a current desires of the residents under the DATE GRANTED: October 17, 1994 time extension to carry out the activities grant. After taking into consideration the REASON WAIVED: Pursuant to Section specified in its grant agreement. This diminished prospects of obtaining future 901 of the HOPE 1 Guidelines, a regulatory extension would be of benefit to the residents HOPE funding, the KCHA concluded that it provision that is ‘‘not otherwise required by participating in homeownership planning needed to alter the emphasis of its efforts law’’ may be waived by the Assistant under its HOPE 1 mini-planning grant. under the grant to concentrate more on Secretary for Public and Indian Housing NATURE OF REQUIREMENT: Section economic development planning activities. upon a determination of good cause, and 301(b)(3) of the HOPE 1 Program Guidelines Towards that end, the KCHA would submit upon documentation of the pertinent facts limits a HOPE 1 mini-planning grantee to a request to revise its budget allocation to and grounds supporting the waiver. carrying out activities funded under its grant conform to the change in emphasis. Further Good cause was exhibited as follows: within eighteen (18) months of the effective action on the grant, however, would be The NBHA noted that it was impeded in date of the mini-planning grant agreement. contingent on the extension being granted. carrying out grant activities due primarily to GRANTED BY: Joseph Shuldiner, Assistant 36. REGULATION: HOPE for Public and the reassignment of staff administering the Secretary for Public and Indian Housing Indian Housing Homeownership (HOPE 1) 28468 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices Program, Guidelines, Section 301(b)(3) as grant, it has experienced difficulty in limit a HOPE 1 mini-planning grantee to published on January 14, 1992 (57 FR 1522). obtaining accurate information from the local carrying out activities funded under its grant PROJECT/ACTIVITY: To permit a HOPE 1 housing authority resulting in unexpected within eighteen (18) months of the effective mini-planning grantee, the Charleston delays in carrying out activities under the date of the mini-planning grant agreement. Human Rights Commission of Charleston, grant. The GMRC, though, desired to GRANTED BY: Joseph Shuldiner, Assistant West Virginia (CHRC), a time extension to continue to move forward with grant Secretary for Public and Indian Housing carry out the activities specified in its grant activities. The extension would permit the DATE GRANTED: October 18, 1994 agreement. This extension would be of GRMC to complete a proper physical analysis REASON WAIVED: Pursuant to Section benefit to the residents participating in and financial feasibility study of 901 of the HOPE 1 Guidelines, a regulatory homeownership planning under its HOPE 1 homeownership. Further action on the grant, provision that is ‘‘not otherwise required by mini-planning grant. however, was contingent on the extension law’’ may be waived by the Assistant NATURE OF REQUIREMENT: Section being granted. Secretary for Public and Indian Housing 301(b)(3) of the HOPE 1 Program Guidelines 38. REGULATION: HOPE for Public and upon a determination of good cause, and limit a HOPE 1 mini-planning grantee to Indian Housing Homeownership (HOPE 1) upon documentation of the pertinent facts carrying out activities funded under its grant Program, Guidelines, Section 301(b)(3) as and grounds supporting the waiver. within eighteen (18) months of the effective published on January 14, 1992 (57 FR 1522). Good cause was exhibited as follows: date of the mini-planning grant agreement. PROJECT/ACTIVITY: To permit a HOPE 1 The WSHA noted that they had GRANTED BY: Joseph Shuldiner, Assistant mini-planning grantee, the Division of encountered unexpected delays due to an Secretary for Public and Indian Housing Housing of the City of Indianapolis, Indiana initial lack of participation on the part of the DATE GRANTED: October 17, 1994 (DHCI) and the Rowney Terrace Resident residents. The Resident participation had REASON WAIVED: Pursuant to Section Management Corporation (RTRMC), a time increased since the organization of a resident 901 of the HOPE 1 Guidelines, a regulatory extension to carry out the activities specified council. The WSHA wished to proceed with provision that is ‘‘not otherwise required by in its grant agreement. This extension would activities designed to further analyze and law’’ may be waived by the Assistant be of benefit to the residents participating in present possible options for homeownership Secretary for Public and Indian Housing homeownership planning at its Rowney to residents as well as to build the capacity upon a determination of good cause, and Terrace development. of the resident organization. Further action upon documentation of the pertinent facts NATURE OF REQUIREMENT: Section on the grant, however, was contingent on the and grounds supporting the waiver. 301(b)(3) of the HOPE 1 Program Guidelines extension being granted. Good cause was exhibited as follows: limit a HOPE 1 mini-planning grantee to 40. REGULATION: HOPE for Public and The CHRC noted that it had encountered carrying out activities funded under its grant Indian Housing Homeownership (HOPE 1) unexpected delays due to a change in the within eighteen (18) months of the effective Program, Guidelines, Section 301(b)(1) as leadership of the Littlepage Terrace Resident date of the mini-planning grant agreement. published on January 14, 1992 (57 FR 1522). Management Corporation (LTRMC). The GRANTED BY: Joseph Shuldiner, Assistant PROJECT/ACTIVITY: To permit a HOPE 1 CHRC wished to proceed with revised Secretary for Public and Indian Housing mini-planning grantee, the City of Little activities more in line with the current DATE GRANTED: October 17, 1994 Rock, Arkansas (HACLR), a time extension to desires of the residents under the grant. After taking into consideration the diminished REASON WAIVED: Pursuant to Section carry out the activities specified in its grant prospects of obtaining future HOPE funding, 901 of the HOPE 1 Guidelines, a regulatory agreement. This extension would be of the CHRC had concluded that it needed to provision that is ‘‘not otherwise required by benefit to the residents participating in extend its activities which were building the law’’ may be waived by the Assistant homeownership planning at its Amelia B. capacity of the residents as well as to plan Secretary for Public and Indian Housing Ives development. for additional self-sufficiency activities. upon a determination of good cause, and NATURE OF REQUIREMENT: Section Further action on the grant, however, was upon documentation of the pertinent facts 301(b)(3) of the HOPE 1 Program Guidelines contingent on the extension being granted. and grounds supporting the waiver. limit a HOPE 1 mini-planning grantee to 37. REGULATION: HOPE for Public and Good cause was exhibited as follows: carrying out activities funded under its grant Indian Housing Homeownership (HOPE 1) The DHCI/RTRMC noted that they had within eighteen (18) months of the effective Program, Guidelines, Section 301(b)(3) as encountered unexpected delays due to a date of the mini-planning grant agreement. published on January 14, 1992 (57 FR 1522). change in the leadership of the RTRMC. The GRANTED BY: Joseph Shuldiner, Assistant PROJECT/ACTIVITY: To permit a HOPE 1 DHCI/RTRMC wished to proceed with Secretary for Public and Indian Housing mini-planning grantee, the Glendale Resident revised activities more in line with the DATE GRANTED: October 18, 1994 Management Corporation (GRMC) of current desires of the residents under the REASON WAIVED: Pursuant to Section Minneapolis, Minnesota, a time extension to grant. After conducting a needs assessment 901 of the HOPE 1 Guidelines, a regulatory carry out the activities specified in its grant under the grant, the DHCI/RTRMC had provision that is ‘‘not otherwise required by agreement. This extension would be of concluded that they need to alter the law’’ may be waived by the Assistant benefit to the residents participating in emphasis of their efforts under the grant to Secretary for Public and Indian Housing homeownership planning under its HOPE 1 concentrate more on economic development upon a determination of good cause, and mini-planning grant MN46HM0020192. planning activities. Towards that end, the upon documentation of the pertinent facts NATURE OF REQUIREMENT: Section DHCI/RTRMC submitted a request to revise and grounds supporting the waiver. 301(b)(3) of the HOPE 1 Program Guidelines their budget allocations to conform to the Good cause was exhibited as follows: limit a HOPE 1 mini-planning grantee to change in emphasis. Further action on the The HACLR noted that it had encountered carrying out activities funded under its grant grant, however, was contingent on the unexpected delays in securing approval of its within eighteen (18) months of the effective extension being granted. project management plan and its staff date of the mini-planning grant agreement. 39. REGULATION: HOPE for Public and becoming familiar with what is permissible GRANTED BY: Joseph Shuldiner, Assistant Indian Housing Homeownership (HOPE 1) under the grant. The HACLR wished to Secretary for Public and Indian Housing Program, Guidelines, Section 301(b)(1) as proceed with revised activities. After taking DATE GRANTED: October 17, 1994 published on January 14, 1992 (57 FR 1522). into consideration the diminished prospects REASON WAIVED: Pursuant to Section PROJECT/ACTIVITY: To permit a HOPE 1 of obtaining future HOPE funding, the 901 of the HOPE 1 Guidelines, a regulatory mini-planning grantee, the Winston-Salem, HACLR concluded that it needed to alter the provision that is ‘‘not otherwise required by North Carolina Housing Authority (WSHA), a emphasis of its efforts under the grants to law’’ may be waived by the Assistant time extension to carry out the activities consider alternative approaches to pursuing Secretary for Public and Indian Housing specified in its grant agreement. This homeownership and to increase its emphasis upon a determination of good cause, and extension would be of benefit to the residents on economic development planning upon documentation of the pertinent facts participating in homeownership planning at activities. Further action on the grant, and grounds supporting the waiver. its Townview development however, was contingent upon the extension Good cause was exhibited as follows: (NC19HM10120192). being granted. The GMRC noted that although it had NATURE OF REQUIREMENT: Section 41. REGULATION: HOPE for Public and made substantial progress in carrying out the 301(b)(3) of the HOPE 1 Program Guidelines Indian Housing Homeownership (HOPE 1) Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices 28469 Program, Guidelines, Section 301(b)(1) as PBCDC wished to proceed with planning Secretary for Public and Indian Housing published on January 14, 1992 (57 FR 1522). activities designed to foster resident self- upon a determination of good cause, and PROJECT/ACTIVITY: To permit a HOPE 1 sufficiency and economic development. upon documentation of the pertinent facts mini-planning grantee, the Jacksonville, Further action on the grant, however, was and grounds supporting the waiver. Florida Department of Housing and Urban contingent upon the extension being granted. Good cause was exhibited as follows: Development (JDHUD), a time extension to 43. REGULATION: HOPE for Public and The JTAC noted that it had encountered carry out the activities specified in its grant Indian Housing Homeownership (HOPE 1) unexpected delays due to a changeover in a agreement. This extension would be of Program, Guidelines, Section 301(b)(3) as number of leadership positions and difficulty benefit to the residents participating in published on January 14, 1992 (57 FR 1522). in dealing with a troubled housing agency. homeownership planning at its Centennial PROJECT/ACTIVITY: To permit a HOPE 1 The JTAC wished to proceed with activities Towers development (FL29HM10010992). mini-planning grantee, the Ocala, Florida designed to further resident training and NATURE OF REQUIREMENT: Section Housing Authority (OHA), a time extension economic development planning. Further 301(b)(3) of the HOPE 1 Program Guidelines to carry out the activities specified in its action on the grant, however, was contingent limit a HOPE 1 mini-planning grantee to grant agreement. This extension would be of upon the extension being granted. carrying out activities funded under its grant benefit to the residents participating in 45. REGULATION: 24 CFR 904 Subpart B within eighteen (18) months of the effective homeownership planning at its N.H. Jones (Turnkey III Homeownership Opportunity date of the mini-planning grant agreement. development (FL29HM10320192). Program) and Corresponding Provisions of GRANTED BY: Joseph Shuldiner, Assistant NATURE OF REQUIREMENT: Section the Turnkey III Handbook (7495.3) Secretary for Public and Indian Housing 301(b)(3) of the HOPE 1 Program Guidelines PROJECT/ACTIVITY: Housing DATE GRANTED: October 25, 1994 limits a HOPE 1 mini-planning grantee to Opportunities Commission of Montgomery REASON WAIVED: Pursuant to Section carrying out activities funded under its grant County (HOC), Maryland Turnkey III 901 of the HOPE 1 Guidelines, a regulatory within eighteen (18) months of the effective Homeownership Opportunity Program provision that is ‘‘not otherwise required by date of the mini-planning grant agreement. Projects MD 4–3 (Bel Pre Square), MD 4–6 law’’ may be waived by the Assistant GRANTED BY: Joseph Shuldiner, Assistant Scattered Sites, MD 4–10 Scattered Sites, MD Secretary for Public and Indian Housing Secretary for Public and Indian Housing 4–11 (Tobytown). Conversion to low-income upon a determination of good cause, and DATE GRANTED: October 25, 1994 rental status. upon documentation of the pertinent facts REASON WAIVED: Pursuant to Section NATURE OF REQUIREMENT: 24 CFR and grounds supporting the waiver. 901 of the HOPE 1 Guidelines, a regulatory Subpart B and the Turnkey III Handbook Good cause was exhibited as follows: provision that is ‘‘not otherwise required by define and govern the Turnkey III The JDHUD noted that it had encountered law’’ may be waived by the Assistant Homeownership Opportunity Program. unexpected delays due to difficulties in Secretary for Public and Indian Housing GRANTED BY: Joseph Shuldiner, Assistant obtaining required approval from upon a determination of good cause, and Secretary for Public and Indian Housing Jacksonville, Florida city government as well upon documentation of the pertinent facts DATE GRANTED: November 21, 1994 as an initial lack of participation on the part and grounds supporting the waiver. REASON WAIVED: The Housing of the residents and changes in staff Good cause was exhibited as follows: Opportunities Commission of Montgomery administering the grant. The JDHUD wished The OHA noted that it had encountered County, Maryland requested the ability to to proceed with planning activities designed unexpected delays due to lack of interest in convert certain housing units of the HOC’s to increase resident capacity and develop the homeownership for the units at the projects MD 4–3, 4–6, 4–10, 4–11 to low-rent resident management corporation. Further development, structural deficiencies in the public housing’ status. action on the grant, however, was contingent development’s units, and a lack of resident The Department of Housing and Urban upon the extension being granted. self-sufficiency. The OHA wished to proceed Development has established certain criteria 42. REGULATION: HOPE for Public and with planning activities designed to foster and procedures by which to judge the Indian Housing Homeownership (HOPE 1) resident self-sufficiency and economic efficacy of such a conversion on a case-by- Program, Guidelines, Section 301(b)(1) as development. Further action on the grant, case basis. After investigation of the published on January 14, 1992 (57 FR 1522). however, was contingent upon the extension circumstances, and in an attempt to assist the PROJECT/ACTIVITY: To permit a HOPE 1 being granted. HOC to better serve its low-income tenants, mini-planning grantee, the Pompano Beach, 44. REGULATION: HOPE for Public and the Department decided that granting this Florida Community Development Indian Housing Homeownership (HOPE 1) conversion was in the best interests of all Corporation (PBCDC), a time extension to Program, Guidelines, Section 301(b)(1) as concerned. carry out the activities specified in its grant published on January 14, 1992 (57 FR 1522). The conversion of Turnkey III units to low- agreement. This extension would be of PROJECT/ACTIVITY: To permit a HOPE 1 income rental is implemented according to benefit to the residents participating in mini-planning grantee, the Jacksonville, existing HUD procedures. homeownership planning under its HOPE 1 Florida Tenant Advisory Council (JTAC), a The housing authority has shown good mini-planning grant (FL29HM10280192). time extension to carry out the activities cause and demonstrated compliance with all NATURE OF REQUIREMENT: Section specified in its grant agreement. This applicable regulatory requirements for this 301(b)(3) of the HOPE 1 Program Guidelines extension would be of benefit to the residents conversion. limit a HOPE 1 mini-planning grantee to participating in homeownership planning 46. REGULATION: 24 CFR 904 Subpart B carrying out activities funded under its grant under its HOPE 1 mini-planning grants (Turnkey III Homeownership Opportunity within eighteen (18) months of the effective FL29HM10010292, FL29HM10010392, Program) and Corresponding Provisions of date of the mini-planning grant agreement. FL29HM10010492, FL29HM10010592, the Turnkey III Handbook (7495.3) GRANTED BY: Joseph Shuldiner, Assistant FH29HM10010892, FL29HM10011092, PROJECT/ACTIVITY: East St. Louis, Secretary for Public and Indian Housing FL29HM10011192, FL29HM10011392, Illinois Housing Authority (ESLHA), Turnkey DATE GRANTED: October 25, 1994 FL29HM10011492. III Homeownership Opportunity Program REASON WAIVED: Pursuant to Section NATURE OF REQUIREMENT: Section Projects IL001–014, 016, 018, 020, 022, 023, 901 of the HOPE 1 Guidelines, a regulatory 301(b)(3) of the HOPE 1 Program Guidelines 024. provision that is ‘‘not otherwise required by limit a HOPE 1 mini-planning grantee to NATURE OF REQUIREMENT: 24 CFR law’’ may be waived by the Assistant carrying out activities funded under its grant Subpart B and the Turnkey III Handbook Secretary for Public and Indian Housing within eighteen (18) months of the effective require that upon sale of a homeownership upon a determination of good cause, and date of the mini-planning grant agreement. unit that the monies received be remitted to upon documentation of the pertinent facts GRANTED BY: Joseph Shuldiner, Assistant HUD to reduce the capital indebtedness on and grounds supporting the waiver. Secretary for Public and Indian Housing the project. Excess Residual Receipts and or Good cause was exhibited as follows: DATE GRANTED: October 25, 1994 Operating Reserves are also to be remitted to The PBCDC noted that it had encountered REASON WAIVED: Pursuant to Section HUD. unexpected delays due to unexpected 901 of the HOPE 1 Guidelines, a regulatory GRANTED BY: Joseph Shuldiner, Assistant difficulty in completing the feasibility study provision that is ‘‘not otherwise required by Secretary for Public and Indian Housing and a lack of resident participation. The law’’ may be waived by the Assistant DATE GRANTED: November 22, 1994 28470 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices REASON WAIVED: Project debt Operating Reserves are also to be remitted to PROJECT/ACTIVITY: A request was made forgiveness was authorized by the provisions HUD. by the Allen Metropolitan Housing Authority of Section 3004 of the Housing and GRANTED BY: Joseph Shuldiner, Assistant (AMHA) of Lima, OH, to permit the Community Development Reconciliation Secretary for Public and Indian Housing establishment of ceiling rents for its entire Amendments of 1985 (the Amendments), P.L. DATE GRANTED: December 15, 1994 low-rent inventory. 99–272 (April 7, 1986), which amends REASON WAIVED: Project debt NATURE OF REQUIREMENT: The total Section 4 of the United States Housing Act forgiveness was authorized by the provisions tenant payment a public housing agency of 1937. The Amendments authorized the of Section 3004 of the Housing and (PHA) must charge shall be the highest of the Secretary of HUD to forgive outstanding Community Development Reconciliation following, rounded to the nearest dollar: (1) principal and interest on loans made by the Amendments of 1985 (the Amendments), P.L. 30% of Monthly Adjusted Income; (2) 10% Secretary to Public Housing Agencies 99–272 (April 7, 1986), which amends of Monthly Income; or (3) if the Family (PHAs)/Indian Housing Authorities (IHAs) Section 4 of the United States Housing Act receives Welfare Assistance from a public and to cancel the terms of any contract with of 1937. The Amendments authorized the agency and a part of such payments, adjusted respect to repayment. Secretary of HUD to forgive outstanding in accordance with the Family’s actual Turnkey III debt forgiveness, as authorized principal and interest on loans made by the housing costs, is specifically designated by above, is implemented according to existing Secretary to Public Housing Agencies such agency to meet the Family’s housing HUD procedures. (PHAs)/Indian Housing Authorities (IHAs) costs, the monthly portion of such payments The housing authority has shown good and to cancel the terms of any contract with which is so designated. cause and demonstrated compliance with all respect to repayment. GRANTED BY: Joseph Shuldiner, Assistant applicable regulatory requirements for debt Turnkey III debt forgiveness, as authorized Secretary for Public and Indian Housing forgiveness. above, is implemented according to existing DATE GRANTED: October 3, 1994 47. REGULATION: 24 CFR 904 Subpart B HUD procedures. REASON WAIVED: AMHA has (Turnkey III Homeownership Opportunity The housing authority has shown good experienced vacancy problems due to Program) and Corresponding Provisions of cause and demonstrated compliance with all families moving out when their rents begin the Turnkey III Handbook (7495.3) applicable regulatory requirements for debt to exceed those on the private market. The PROJECT/ACTIVITY: Lubbock, Texas forgiveness. AMHA is developing a homeownership plan Housing Authority (LHA), Turnkey III 49. REGULATION: 24 CFR 904 Subpart B with its HOPE III Planning Grant, and ceiling Homeownership Opportunity Program (Turnkey III Homeownership Opportunity rents is a key ingredient in maintaining Project TX018–003 Program) and Corresponding Provisions of eligible families as their income increases NATURE OF REQUIREMENT: 24 CFR the Turnkey III Handbook (7495.3) while awaiting completion of the Subpart B and the Turnkey III Handbook PROJECT/ACTIVITY: Atlanta, Georgia homeownership plan and approval for its require that upon sale of a homeownership Housing Authority, Turnkey III implementation. unit that the monies received be remitted to Homeownership Opportunity Program 51. REGULATION: 24 CFR Part 913.107(a) HUD to reduce the capital indebtedness on Projects GA6–38, GA6–39, GA6–40, GA6–46, PROJECT/ACTIVITY: A request was made the project. Excess Residual Receipts and or and GA6–51. by the Newman Grove Housing Authority Operating Reserves are also to be remitted to NATURE OF REQUIREMENT: 24 CFR (NGHA) of Newman Grove, Nebraska, to HUD. Subpart B and the Turnkey III Handbook permit the establishment of ceiling rents for GRANTED BY: Joseph Shuldiner, Assistant require that upon sale of a homeownership seven of its one-bedroom units that are Secretary for Public and Indian Housing unit that the monies received be remitted to approximately 780 square feet. DATE GRANTED: December 14, 1994 HUD to reduce the capital indebtedness on NATURE OF REQUIREMENT: The total REASON WAIVED: Project debt the project. Excess Residual Receipts and or tenant payment a public housing agency forgiveness was authorized by the provisions Operating Reserves are also to be remitted to (PHA) must charge shall be the highest of Section 3004 of the Housing and HUD. of the following, rounded to the nearest Community Development Reconciliation GRANTED BY: Joseph Shuldiner, Assistant dollar: (1) 30% of Monthly Adjusted Amendments of 1985 (the Amendments), P.L. Secretary for Public and Indian Housing Income; (2) 10% of Monthly income; or 99–272 (April 7, 1986), which amends DATE GRANTED: December 23, 1994 (3) if the Family receives Welfare Section 4 of the United States Housing Act REASON WAIVED: Project debt of 1937. The Amendments authorized the forgiveness was authorized by the provisions Assistance from a public agency and a Secretary of HUD to forgive outstanding of Section 3004 of the Housing and part of such payments, adjusted in principal and interest on loans made by the Community Development Reconciliation accordance with the Family’s actual Secretary to Public Housing Agencies Amendments of 1985 (the Amendments), P.L. housing costs, is specifically designated (PHAs)/Indian Housing Authorities (IHAs) 99–272 (April 7, 1986), which amends by such agency to meet the Family’s and to cancel the terms of any contract with Section 4 of the United States Housing Act housing costs, the monthly portion of respect to repayment. of 1937. The Amendments authorized the such payments which is so designated. Turnkey III debt forgiveness, as authorized Secretary of HUD to forgive outstanding GRANTED BY: Joseph Shuldiner, Assistant above, is implemented according to existing principal and interest on loans made by the Secretary for Public and Indian Housing HUD procedures. Secretary to Public Housing Agencies DATE GRANTED: October 12, 1994 The housing authority has shown good (PHAs)/Indian Housing Authorities (IHAs) 0REASON WAIVED: The NGHA has cause and demonstrated compliance with all and to cancel the terms of any contract with experienced a vacancy problem. Six of the applicable regulatory requirements for debt respect to repayment. seven small one-bedroom units in its 20-unit forgiveness. Turnkey III debt forgiveness, as authorized project were vacant most of the time. Non- 48. REGULATION: 24 CFR 904 Subpart B above, is implemented according to existing elderly applicants were unwilling to pay (Turnkey III Homeownership Opportunity HUD procedures. 30% of their income for such a small Program) and Corresponding Provisions of The housing authority has shown good apartment. The waiver was granted to enable the Turnkey III Handbook (7495.3) cause and demonstrated compliance with all NGHA to address its vacancy problem by PROJECT/ACTIVITY: Prince Georges applicable regulatory requirements for debt improving its marketability to potential County, Maryland Department of Housing forgiveness. applicants. and Community Development (DHCD), Note to Reader: The person to be contacted 52. REGULATION: 24 CFR Part 913.107(a) Turnkey III Homeownership Opportunity for additional information about these PROJECT/ACTIVITY: A request was made Program Project MD15–5. waivers is: MaryAnn Russ, Director, Office of by the Housing and Redevelopment NATURE OF REQUIREMENT: 24 CFR Assisted Housing, Office of Public and Indian Authority of Tracy, Minneapolis (HRAT), to Subpart B and the Turnkey III Handbook Housing, Department of Housing and Urban permit the establishment of ceiling rents for require that upon sale of a homeownership Development, 451 Seventh Street, SW., its 59 1-bedroom units. unit that the monies received be remitted to Washington, DC 20410, Phone: (202) 708– NATURE OF REQUIREMENT: The total HUD to reduce the capital indebtedness on 1380 (This is not a toll-free number). tenant payment a public housing agency the project. Excess Residual Receipts and or 50. REGULATION: 24 CFR Part 913.107(a) (PHA) must charge shall be the highest of the Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices 28471 following, rounded to the nearest dollar: (1) The establishment of ceiling rents will enable following, rounded to the nearest dollar: (1) 30% of Monthly Adjusted Income; (2) 10% OHA to address its vacancy problem by 30% of Monthly Adjusted Income; (2) 10% of Monthly income; or (3) if the Family improving its marketability to potential of Monthly income; or (3) if the Family receives Welfare Assistance from a public applicants. receives Welfare Assistance from a public agency and a part of such payments, adjusted 55. REGULATION: 24 CFR Part 913.107(a) agency and a part of such payments, adjusted in accordance with the Family’s actual PROJECT/ACTIVITY: A request was made in accordance with the Family’s actual housing costs, is specifically designated by by the Puerto Rico Public Housing housing costs, is specifically designated by such agency to meet the Family’s housing Administration (PRPHA), to permit the such agency to meet the Family’s housing costs, the monthly portion of such payments establishment of ceiling rents for all of its costs, the monthly portion of such payments which is so designated. GRANTED BY: public housing units. which is so designated. Joseph Shuldiner, Assistant Secretary for NATURE OF REQUIREMENT: The total GRANTED BY: Joseph Shuldiner, Assistant Public and Indian Housing tenant payment a public housing agency Secretary for Public and Indian Housing DATE GRANTED: October 12, 1994 (PHA) must charge shall be the highest of the DATE GRANTED: November 22, 1994 REASON WAIVED: HRAT began to following, rounded to the nearest dollar: (1) REASON WAIVED: The HRA has experience high vacancy rates after the 30% of Monthly Adjusted Income; (2) 10% experienced a vacancy problem. The HRA construction of other housing in the area, of Monthly income; or (3) if the Family has experienced frequent turnover and which offered larger units and more receives Welfare Assistance from a public refusals by applicants as 30 percent of their amenities. Due to the size of its units, the agency and a part of such payments, adjusted adjusted monthly income would be higher HRAT could not attract a sufficient number in accordance with the Family’s actual than the rents in the private market. In order of applicants willing to pay 30% of income. housing costs, is specifically designated by to prevent turnovers due to rent increases The establishment of ceiling rents will enable such agency to meet the Family’s housing and to attract applicants to vacant units, the HRAT to address its vacancy problem by costs, the monthly portion of such payments HRA was allowed to establish ceiling rents. improving its marketability to potential which is so designated. 58. REGULATION: 24 CFR Part 913.107(a) applicants. GRANTED BY: Joseph Shuldiner, Assistant PROJECT/ACTIVITY: A request was made 53. REGULATION: 24 CFR Part 913.107(a) Secretary for Public and Indian Housing by the St. Edward Housing Authority (SEHA) PROJECT/ACTIVITY: A request was made by DATE GRANTED: November 7, 1994 of St. Edward, Nebraska, to permit the the Pawnee City Housing Authority (PHA) of REASON WAIVED: The PRPHA has establishment of ceiling rents for its 18-unit Pawnee City, NE, to permit the establishment experienced unequitable rents in comparison project NE 26P059001. of ceiling rents for its entire inventory. with private market housing due to the NATURE OF REQUIREMENT: The total NATURE OF REQUIREMENT: The total economic disparity among various localities tenant payment a public housing agency tenant payment a public housing agency in the Commonwealth. The establishment of (PHA) must charge shall be the highest of the following, rounded to the nearest dollar: (1) (PHA) must charge shall be the highest of the ceiling rents will provide for the statutory 30% of Monthly Adjusted Income; (2) 10% following, rounded to the nearest dollar: (1) minimum rent levels as required by statute, of Monthly income; or (3) if the Family 30% of Monthly Adjusted Income; (2) 10% and reflect the economic disparity which receives Welfare Assistance from a public of Monthly income; or (3) if the Family exists between various Fair Market Rent agency and a part of such payments, adjusted receives Welfare Assistance from a public (FMR) areas throughout the Commonwealth. in accordance with the Family’s actual agency and a part of such payments, adjusted 56. REGULATION: 24 CFR Part 913.107(a) housing costs, is specifically designated by in accordance with the Family’s actual PROJECT/ACTIVITY: A request was made such agency to meet the Family’s housing housing costs, is specifically designated by by the Boulder County Housing Authority costs, the monthly portion of such payments such agency to meet the Family’s housing (BCHA) of Boulder, CO, to permit the which is so designated. costs, the monthly portion of such payments establishment of ceiling rents for its entire GRANTED BY: Joseph Shuldiner, Assistant which is so designated. inventory. Secretary for Public and Indian Housing GRANTED BY: Joseph Shuldiner, Assistant NATURE OF REQUIREMENT: The total DATE GRANTED: December 23, 1994 Secretary for Public and Indian Housing tenant payment a public housing agency REASON WAIVED: SEHA has had a DATE GRANTED: October 12, 1994 (PHA) must charge shall be the highest of the sustained vacancy problem for several years. REASON WAIVED: The PCHA has following, rounded to the nearest dollar: (1) The establishment of ceiling rents will enable experienced vacancy problems and has 30% of Monthly Adjusted Income; (2) 10% SEHA to address its vacancy problem by several families paying rents higher than of Monthly income; or (3) if the Family improving its marketability to potential those in the private market. In order to receives Welfare Assistance from a public applicants. prevent turnovers due to rent increases and agency and a part of such payments, adjusted 59. REGULATION: 24 CFR Part 970 to attract applicants to vacant units, the in accordance with the Family’s actual PROJECT/ACTIVITY: A request was made PCHA was allowed to establish ceiling rents. housing costs, is specifically designated by by the Housing Authority of the City of 54. REGULATION: 24 CFR Part 913.107(a) such agency to meet the Family’s housing Dumas, Arkansas to temporarily convert one PROJECT/ACTIVITY: A request was made costs, the monthly portion of such payments 3-bedroom unit for tenant services activities by the Oshkosh Housing Authority (OHA) of which is so designated. for a 4-year period. Oshkosh, Nebraska, to permit the GRANTED BY: Joseph Shuldiner, Assistant NATURE OF REQUIREMENT: Under the establishment of ceiling rents for its entire Secretary for Public and Indian Housing terms of the Annual Contributions Contract low-rent inventory. DATE GRANTED: November 15, 1994 (ACC), public housing agencies (PHAs) are NATURE OF REQUIREMENT: The total REASON WAIVED: The establishment of required to maintain and operate its property tenant payment a public housing agency ceiling rents for BCHA will assist families as housing for low-income families. A PHA (PHA) must charge shall be the highest of the living in BCHA’s developments who are may not take any action to demolish or following, rounded to the nearest dollar: (1) making the transition from welfare to dispose of a public housing project or a 30% of Monthly Adjusted Income; (2) 10% employment, or who have obtained higher- portion of a public housing project without of Monthly income; or (3) if the Family paying jobs. In order to prevent turnovers obtaining HUD approval. receives Welfare Assistance from a public due to rent increases and to attract applicants GRANTED BY: Joseph Shuldiner, Assistant agency and a part of such payments, adjusted to vacant units, the BCHA was allowed to Secretary for Public and Indian Housing in accordance with the Family’s actual establish ceiling rents. DATE GRANTED: December 23, 1994 housing costs, is specifically designated by 57. REGULATION: 24 CFR Part 913.107(a) REASON WAIVED: The Authority received such agency to meet the Family’s housing PROJECT/ACTIVITY: A request was made a $10,000 grant from the Bureau of Alcohol costs, the monthly portion of such payments by the Housing and Redevelopment and Drug Abuse Prevention, Arkansas which is so designated. Authority of Detroit Lakes, Minnesota (HRA), Department of Health, for a range of GRANTED BY: Joseph Shuldiner, Assistant to permit the establishment of ceiling rents counseling activities for young people. The Secretary for Public and Indian Housing for its sole project, MN107001. dwelling will serve as a meeting and DATE GRANTED: October 12, 1994 NATURE OF REQUIREMENT: The total counseling center for teenagers. There will be REASON WAIVED: OHA has had a tenant payment a public housing agency no structural change to the unit nor sustained vacancy problem for several years. (PHA) must charge shall be the highest of the additional cost for the conversion. 28472 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices Note to reader: The person to be contacted Director, Financial Management Division, Because of these similarities, and in order to for additional information about these Office of Public and Indian Housing, provide the same incentives to continue to waiver-grant items in this listing is: Madeline Department of Housing and Urban achieve or exceed the occupancy goals of its Hastings, Director, Moderate Rehabilitation Development, 451 Seventh Street SW., Improvement Plan, the PHA was permitted to Division, Department of Housing and Urban Washington, D.C. 20410, Phone: (202) 708– use 87% as the occupancy percentage for its Development, 451 Seventh Street SW., 1872 (This is not a toll-free number). fiscal year ending 6/30/94 and 88% for its Washington, DC 20410, Phone: (202) 708– 63. REGULATION: 24 CFR fiscal year ending 6/30/95. 3887, TDD: (202) 708–4594 (These are not 990.109(b)(3)(iv) 65. REGULATION: 24 CFR toll-free numbers). PROJECT/ACTIVITY: Housing Authority of 990.109(b)(3)(iv) 60. REGULATION: 24 CFR 984.306(b) the City of Little Rock AR. In determining PROJECT/ACTIVITY: Blue Earth City, MN PROJECT/ACTIVITY: Housing Authority of operating subsidy eligibility, a request was HRA. A request was made by the Blue Earth Salt Lake City, Utah, Initial Occupancy made to use an occupancy percentage of 67% City, MN Housing and Redevelopment Requirement for the Section 8 Family Self- for its fiscal years ending in 1994 and 1995. Authority to use its actual occupancy rate of Sufficiency (FSS) Program NATURE OF REQUIREMENT: The 78% in determining its operating subsidy NATURE OF REQUIREMENT: The regulation defines the term of a eligibility for its fiscal year ending 6/30/95. regulation prohibits a Section 8 portability Comprehensive Occupancy Plan (COP) and NATURE OF REQUIREMENT: A Housing move by an FSS family within the first year requires (that a PHA that completes its COP Authority that has completed a of execution of the FSS contract of without achieving a 97% occupancy Comprehensive Occupancy Plan (COP) participation. percentage use a projected occupancy without achieving a 97% occupancy GRANTED BY: Joseph Shuldiner, Assistant percentage of 97%. percentage or having an average of five or Secretary for Public and Indian Housing GRANTED BY: Joseph Shuldiner, Assistant fewer vacant units must use a projected DATE GRANTED: October 19, 1994 Secretary for Public and Indian Housing occupancy rate of 97%. REASON WAIVED: Waivers were granted DATE GRANTED: November 4, 1994 GRANTED BY: Joseph Shuldiner, Assistant for two families because it was determined REASON WAIVED: The housing authority Secretary for Public and Indian Housing that the move outside the jurisdiction of the stated that there were circumstances beyond DATE GRANTED: November 17, 1994 public housing agency would help each its control that were responsible for its high REASON WAIVED: The Blue Earth City family to achieve its FSS program goals. vacancy levels, including gang activity, high Housing and Redevelopment Authority is a 61. REGULATION: 24 CFR 982.201 crime, and vandalism throughout the small Authority with 59 units of elderly PROJECT/ACTIVITY: Waiver of Very Low- developments. The housing authority had housing. It has been experiencing a vacancy Income Requirement for Section 8 Certificate submitted an application for the Vacancy problem for the past several years attributable assistance for 48 families residing in the Reduction Program. They have taken positive to small unit size, lack of upgrades, and Mariner’s Village complex in Portsmouth, actions to develop a plan that addresses the competition from other subsidized projects. New Hampshire. vacancy problems and have sought funding The housing authority has developed an NATURE OF REQUIREMENT: The to carry out that plan. In order to be Implementation Plan with a 5-year timetable regulation provides that eligible applicants supportive of the efforts and progress made in which it will seek funding for needed for admission to the tenant-based Section 8 to date, permission was granted to the actual renovations and will undertake other programs must either be very low-income occupancy percentage for the fiscal year vacancy reduction strategies such as families or fall within certain specified ending in 1994, with the requirement that at increasing advertising and improving categories of low-income families. least 60% of the resulting increase in maintenance practices. GRANTED BY: Joseph Shuldiner, Assistant operating subsidy is to be used for specific, 66. REGULATION: 24 CFR Secretary for Public and Indian Housing identifiable actions to increase occupancy. 990.109(b)(3)(iv) DATE GRANTED: November 25, 1994 The Housing Authority is responsible for PROJECT/ACTIVITY: Housing Authority of REASON WAIVED: Mariner’s Village developing a vacancy reduction strategy Kansas City, MO. In determining operating housing complex had been poorly which will be approved by HUD. The request subsidy eligibility, a request was made to use maintained and was on the verge of for a waiver for the fiscal year ending in 1995 an occupancy percentage of 60% for its fiscal bankruptcy when the City of Portsmouth was not approved. Under the provisions of year ending in 1994 and to use 59% for 1995. became involved. The City is committed to the PFS regulation, the authority will be able NATURE OF REQUIREMENT: The assuring revitalization of the complex and its to adjust its occupancy percentage for that regulations defines the term of a continued availability as affordable housing. year by the number of vacant units that are Comprehensive Occupancy Plan (COP) and The waiver was granted to protect in place in a funded on-schedule modernization requires that a PHA that completes its COP families by ensuring that they do not become (vacancy reduction) program. without achieving a 97% occupancy rent burdened or economically displaced as 64. REGULATION: 24 CFR percentage use a projected occupancy a result of the rent increases anticipated after 990.109(b)(3)(iv) percentage of 97%. rehabilitation of the complex. PROJECT/ACTIVITY: Youngstown OH GRANTED BY: Joseph Shuldiner, Assistant 62. REGULATION: 24 CFR 984.306(b) Metropolitan Housing Authority. Secretary for Public and Indian Housing PROJECT/ACTIVITY: Island County, NATURE OF REQUIREMENT: The DATE GRANTED: December 23, 1994 Washington, Housing Authority, Initial regulation requires a Low Occupancy PHA REASON WAIVED: The housing authority Occupancy Requirement for the Section 8 without an approved Comprehensive has been placed into receivership and it has Family Self-Sufficiency (FSS) Program Occupancy Plan (COP) to use a projected taken over a year for the Special Master to NATURE OF REQUIREMENT: The occupancy percentage of 97 percent. appoint a person to take effective control and regulation prohibits a Section 8 portability GRANTED BY: Joseph Shuldiner, Assistant be responsible and accountable for the move by an FSS family within the first year Secretary for Public and Indian Housing operation. They have subsequently taken of execution of the FSS contract of DATE GRANTED: November 4, 1994 steps to develop vacancy reduction strategies participation. REASON WAIVED: The PHA didn’t submit which they will be implementing with GRANTED BY: Joseph Shuldiner, Assistant a Comprehensive Occupancy Plan when first oversight from both the Court and the Area Secretary for Public and Indian Housing eligible but has been addressing its vacancy Office. In order to be supportive of the efforts DATE GRANTED: December 19, 1994 problems thought its Improvement Plan. It and progress made to date, permission was REASON WAIVED: The waiver allowed was able to exceed the goal established for its granted to use an occupancy percentage of the Section 8 FSS program participant to fiscal year ending 6/30/94, and is expected to 60% for the fiscal year ending in 1994 and move closer to her job which increased her do so again for its fiscal year ending 6/30/95. 59% for the year ending in 1995 with the chances of becoming financially self- Both an Improvement Plan and a COP requirement that at least 60% of the resulting sufficient and fully successful under the FSS provide a format in which strategies and increase in operating subsidy is to be used for program. actions, as well as desired results, can be specific, identifiable actions to increase Note to Reader: The person to be contacted identified and measured. Both Plans also occupancy. The Housing Authority is for additional information about the waiver- require the involvement of the Local HUD responsible for developing a vacancy grant items in this listing is: John Comerford, Office through monitoring and oversight. reduction strategy which will be approved by Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices 28473 HUD. In the fall of 1995, the local HUD office subsidy eligibility, a request was made to REASON WAIVED: The previous will conduct an on-site review to check and extend the deadline for submission of a administration of the Housing Agency was compare actual accomplishments to date request for adjustment to rental income. not aware of their right to request this against expected occupancy goals. A decision NATURE OF REQUIREMENT: The PFS adjustment. This waiver was granted based on the occupancy percentage for the fiscal regulation imposes a 12-month deadline on on the Housing Agency’s eligibility for an year ending in 1996 will be based on the submission of requests for rental income adjustment. results of that review. adjustments. 67. REGULATION: 24 CFR 990.110(d) GRANTED BY: Joseph Shuldiner, Assistant [FR Doc. 95–13191 Filed 5–30–95; 8:45 am] PROJECT/ACTIVITY: Seattle, WA Housing Secretary for Public and Indian Housing BILLING CODE 4210±32±P Authority. In determining the operating DATE GRANTED: October 19, 1994 federal register May 31,1995 Wednesday and Montenegro);FinalRule Federal RepublicofYugoslavia(Serbia Between theUnitedStatesand Prohibition AgainstCertainFlights 14 CFRPart91 Federal AviationAdministration Transportation Department of Part V 28475 28476 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations DEPARTMENT OF TRANSPORTATION No. 11–2A, which describes the which includes any stop in the Federal application procedure. Republic of Yugoslavia (Serbia and Federal Aviation Administration Montenegro).’’ Section 2(e) of the Background Executive Order further prohibits: 14 CFR Part 91 The FAA is responsible for the safety The granting of permission to any aircraft [Docket No. 26903; Special Federal Aviation of flight in the United States and the to take off from, land in, or overfly the United Regulation (SFAR) No. 66±2] safety of U.S.-registered aircraft and U.S. States, if the aircraft, as part of the same operators throughout the world. Section flight or a continuation of that flight, is RIN 2120±AF72 40101(d)(1) of Title 49, United States destined to land in or has taken off from the Code, requires the Administrator of the Prohibition Against Certain Flights territory of the Federal Republic of FAA to consider the regulation of air Yugoslavia (Serbia and Montenegro). Between the United States and the commerce in a manner that best Federal Republic of Yugoslavia (Serbia Executive Order 12810 cites the promotes safety and fulfills the and Montenegro) President’s authority under the requirements of national security as International Emergency Economic AGENCY: Federal Aviation being in the public interest. In addition, Powers Act (50 U.S.C. 1701 et seq.), the Administration (FAA), DOT. 49 U.S.C. 40105(b)(A) requires the National Emergencies Act (50 U.S.C. ACTION: Final rule. Administrator to exercise his authority 1601 et seq.), Section 1114 of the consistently with the obligations of the Federal Aviation Act of 1958, as SUMMARY: United States Government under an This final rule replaces the amended (49 U.S.C. app. 1514), Section international agreement. flight prohibition implemented by the 301 of Title 3, United States Code (3 One such international agreement is FAA in SFAR 66–1, which was made U.S.C. 301), and Section 5 of the United effective on August 26, 1993, and the Charter of the United Nations (the Charter) (59 Stat. 1031; 3 Bevans 1153 Nations Participation Act of 1945, as expired on August 26, 1994. This action amended (22 U.S.C. 287(c)). In prohibits the takeoff from, landing in, or (1945)). Under Article 25 of the Charter, ‘‘the members of the Untied Nations particular, the United Nations overflight of the territory of the United Participation Act provides that: States by an aircraft on a flight to or agree to accept and carry out the from the territory of Federal Republic of decision of the Security Council in Notwithstanding the provisions of any Yugoslavia (Serbia and Montenegro). accordance with the present Charter.’’ other law, whenever the United States is This action further prohibits the landing Article 48(1) of the Charter further called upon by the [UN] Security Council to apply measures which said Council has in, takeoff from, or overflight of the provides, in pertinent part, that ‘‘[t]he action required to carry out the decided * * * to be employed to give effect territory of the United States by any to its decisions under the [United Nations] aircraft on a flight from or to any decisions of the Security Council for the Charter, the President may, to the extent intermediate destination, if the flight’s maintenance of international peace and necessary to apply such measures, through origin or ultimate destination is Serbia security shall be taken by all members any agency which he may designate, and and Montenegro. Exceptions are made of the United Nations. * * *’’ under such orders, rules, or regulations as for particular flights approved by the On May 30, 1992, acting under may be prescribed by him, investigate, United States Government and for Chapter VII of the Charter, the Security regulate, and prohibit, in whole or in part, certain emergency operations. This Council adopted Resolution 757, economic relations of rail, sea, [and] air mandating an embargo of certain air ** * between any foreign country or to any action is necessary to implement nation thereof or any person therein and the Executive Order 12810 (1992) and UN traffic with Serbia and Montenegro. Paragraph 7(a) of Resolution 757 United States or any person subject to the Security Council Resolution 757 (1992) jurisdiction thereof. * * * mandating an embargo of air traffic with requires all states to deny permission to Serbia and Montenegro. any aircraft to take off from, land in, or On June 12, 1992, the Office of the overfly their territory if the aircraft is Secretary of Transportation issued DATES: Effective date. The removal of destined to land in or has taken off from Order 92–6–27, which implements SFARs 66 and the addition of SFAR 66– the territory of Serbia and Montenegro. Executive Order 12810 by amending all 2 are effective May 31, 1995. Expiration An exception to this prohibition is made Department of Transportation (DOT) date. SFAR 66–2 expires June 2, 1997. for flights that have been approved on certificates issued under Section 401 of FOR FURTHER INFORMATION CONTACT: the grounds of urgent humanitarian the Act, all permits issued under Mark W. Bury, International Affairs and need by the Security Council Committee Section 402 of the Act, and all Legal Policy Staff, AGC–7, Office of the established by Security Council exemptions from Section 401 and 402 Chief Counsel, Federal Aviation Resolution 724 (1991). accordingly. Administration, 800 Independence The United States Government has On June 23, 1992, the FAA published Avenue, SW., Washington, DC 20591; taken several actions to restrict air SFAR 66, prohibiting the takeoff from, telephone: 202–267–3515. transportation between the United landing in, or overflight of the territory SUPPLEMENTARY INFORMATION: States, Serbia and Montenegro in of the United States by an aircraft on a accordance with Security Council flight to or from the territory of the Availability of Document Resolution 757. Section 2(d) of Serbia and Montenegro (57 FR 28031). Any person may obtain a copy of this Executive Order 12810, issued by the SFAR 66 also prohibited the landing in, document by submitting a request to the President on June 5, 1992, prohibits takeoff from, or overflight of the Federal Aviation Administration, Office ‘‘[a]ny transaction by a United States territory of the United States by any of Public Affairs, Public Inquiry Center, person, or involving the use of U.S.- aircraft on a flight from or to any APA–230, 800 Independence Avenue registered vessels and aircraft, relating intermediate destination, if the flight is SW., Washington, DC 20591, or by to transportation to or from the Federal destined to land in or take off from the calling 202–267–3484. Communications Republic of Yugoslavia (Serbia and Serbia and Montenegro. After SFAR 66 must identify the number of this SFAR. Montenegro) * * * or the sale in the expired on June 19, 1993, the FAA Persons interested in being placed on a United States by any person holding reinstated the prohibition against mailing list for future rules should also authority under the Federal Aviation certain flights between the United States request a copy of the Advisory Circular Act * * * of any transportation by air and the Serbia and Montenegro through Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations 28477 the issuance of SFAR 66–1 (58 FR Paperwork Reduction Act PART 91ÐGENERAL OPERATING AND 45220). SFAR No. 66–1 became effective FLIGHT RULES on August 26, 1993, and expired on This rule contains no information August 26, 1994. collection requests requiring approval of 1. The authority citation for Part 91 the Office of Management and Budget continues to read as follows: Copies of Resolution 757 of the pursuant to the Paperwork Reduction United National Security Council, Authority: 49 U.S.C. app. 1301(7), 1303, Act (44 U.S.C. 3507 et seq.). Executive Order 12810, and DOT Order 1344, 1348, 1352 through 1355, 1401, 1421 through 1431, 1471, 1472, 1502, 1510, 1522, 92–6–27, all of which remain in effect, International Trade Impact Assessment and 2121 through 2125; Articles 12, 29, 31, have been placed in the docket for this and 32(a) of the Convention on International rulemaking. DOT Order 92–6–27 prohibits U.S. Civil Aviation (61 Stat. 1180); 42 U.S.C. 4321 and foreign air carriers from engaging in et seq.; E.O. 11514, 35 FR 4247, 3 CFR, 1966– Prohibition Against Certain Flights the sale of air transportation to or from 1970 Comp., p. 902; 49 U.S.C. 106(g). Between the United States, Serbia and Serbia and Montenegro. This SFAR does Montenegro 2. SFAR 66 which expired June 19, not impose any restrictions on 1993, and SFAR 66 which expired On the basis of the above, and in commercial carriers beyond those August 26, 1994, are removed. support of the Executive Order of the imposed by the DOT Order. Therfore, 3. Special Federal Aviation President of the United States, I find the SFAR will not create a competitive Regulation (SFAR) No. 66–2 is added to that immediate action by the FAA is advantage or disadvantage for foreign read as follows: required to implement Executive Order companies in the sale of aviation Special Federal Aviation Regulation 12810 and to meet the obligations of the products or services in the United No. 66–2—Prohibition Against Certain United States under international law as States, nor for domestic firms in the sale Flights between the United States and evidenced by U.N. Security Council of aviation products or services in the Federal Republic of Yugoslavia Resolution No. 757. Accordingly, I am foreign countries. (Serbia and Montenegro) ordering a prohibition on the takeoff Federalism Determination from, landing in, or overflight of the 1. Applicability. This Special Federal territory of the United States by an The amendment set forth herein will Aviation Regulation (SFAR) applies to aircraft on a flight that has Serbia and not have substantial direct effects on the all aircraft operations originating from, Montenegro as its origin or ultimate states, on the relationship between the destined to land in, or overflying the destination. Operations approved by the national government and the states, or territory of the United States. United States Government for approved on the distribution of power and 2. Special flight restrictions. Except as purposes and certain emergency responsibilities among the various provided in paragraphs 3 and 4 of this operations shall be expected from this levels of government. Therefore, in SFAR No. 66–2— (a) No person shall operate an aircraft prohibition. For the reasons stated accordance with Executive Order 12612 from any point in the United States to above, I also find that notice and public (52 FR 4168; October 30, 1987), it is any point in the Federal Republic of comment under 5 U.S.C. 553(b) are determined that this regulation does not Yugoslavia (Serbia and Montenegro) impracticable and contrary to the public have federalism implications warranting (hereinafter ‘‘Serbia and Montenegro’’), interest. Further, I find that good cause the preparation of a Federalism a flight having any intermediate or exists for making this rule effective Assessment. immediately upon publication. I also ultimate destination in Serbia and find that this action is fully consistent Conclusion Montenegro, or a flight that includes a with my obligations under section landing at any point in Serbia and 1102(a) of the Federal Aviation Act to For the reasons set forth above, the Montenegro in its intended itinerary; ensure that I exercise my duties FAA has determined that this action is (b) No person shall operate an aircraft consistently with the obligations of the not a ‘‘significant regulatory action’’ to any point in the United States from United States under international under Executive Order 12866. This any point in Serbia and Montenegro, or agreements. action is considered a ‘‘significant rule’’ a flight from any intermediate point of under DOT Regulatory Policies and departure where the origin of the flight The rule contains an expiration date Procedures (44 FR 11034; February 26, is in Serbia and Montenegro, or a flight of June 2, 1997 but may be terminated 1979). Because revenue flights to Serbia that includes a departure from any point sooner or extended through the and Montenegro are already prohibited in Serbia and Montenegro in its publication of a corresponding by DOT Order 92–6–27, the FAA intended itinerary; or document if circumstances so warrant. certifies that this rule will not have a (c) No person shall operate an aircraft Regulatory Evaluation significant economic impact, positive or over the territory of the United States if negative, on a substantial number of that aircraft’s flight itinerary includes The potential cost of this regulation is small entities under the criteria of the any landing at or departure from any limited to the net revenue of Regulatory Flexibility Act. point in Serbia and Montenegro. commercial flights between the United 3. Permitted operations. This SFAR States, Serbia and Montenegro and the List of Subjects in 14 CFR Part 91 shall not prohibit the flight operations cost of having to circumnavigate the between the United States, Serbia and territory by U.S.-registered aircraft. Aircraft, Airmen, Airports, Air traffic Montenegro described in section 2 of Revenue flights to Serbia and control, Aviation safety, Federal this SFAR by an aircraft authorized to Montenegro are currently prohibited by Republic of Yugoslavia, Freight, conduct such operations by the United DOT Order 92–6–27, and the FAA is Montenegro, Serbia. States Government. unaware of any U.S.-registered private The Amendment 4. Emergency situations. In an aircraft currently operating over Serbia emergency that requires immediate and Montenegro. Accordingly, this For the reasons set forth above, the decision and action for the safety of the action will impose no additional burden Federal Aviation Administration is flight, the pilot in command of an on commercial or private operators. amending 14 CFR Part 91 as follows: aircraft may deviate from this SFAR to 28478 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations the extent required by that emergency. Any deviation required by an emergency shall be reported as soon as possible to the air traffic control facility having jurisdiction. 5. Expiration. This Special Federal Aviation Regulation expires June 2, 1997. Issued in Washington, DC, on May 23, 1995. David R. Hinson, Administrator. [FR Doc. 95–13131 Filed 5–30–95; 8:45 am] BILLING CODE 4910±13±M federal register May 31,1995 Wednesday Potawatomi, Inc.;Notices Band ofChoctawIndiansandtheHuron Existence DeterminationsfortheJena Indian Tribes,Acknowledgementof Bureau ofIndianAffairs Interior Department ofthe Part VI 28479 28480 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices DEPARTMENT OF THE INTERIOR response period provided under 25 CFR after World War II, he continued to 83.10 (k). organize community support to meet the Bureau of Indian Affairs The proposed finding to acknowledge needs of the membership. In addition, the Jena Choctaw determined that the informal leaders exhibited political Final Determination for Federal petitioner fully met all seven of the influence within the Choctaw Acknowledgment of the Jena Band of criteria. The final determination affirms community during the 1950’s and Choctaw Indians the proposed finding. It is based on the 1960’s which continued after the death extensive evidence submitted by the AGENCY: of the last traditional leader in 1968. Bureau of Indian Affairs, Jena Choctaw or generated by the Interior. Since 1974, the Jena Choctaw have Branch of Acknowledgment and elected their leaders and members have ACTION: Notice of Final Determination. Research in the conduct of its own continued to participate in the research in preparing the proposed governance of the tribe. SUMMARY: This notice is published in finding and on a consideration of the The Jena Choctaw have a constitution the exercise of authority delegated by new membership roll. and by-laws which define the the Secretary of the Interior to the The Jena Choctaw directly descends membership and reflect how they Assistant Secretary—Indian Affairs from Choctaws who left the historic govern themselves. (Assistant Secretary) by 209 DM 8. Mississippi Choctaw tribe and settled in The revised membership roll Pursuant to 25 CFR § 83.10(m), notice Catahoula Parish, now LaSalle Parish, in submitted during the comment period is hereby given that the Assistant the vicinity of Jena, Louisiana, prior to has an additional 32 members who were Secretary acknowledges that the Jena 1880 when they were first identified by not listed on the membership roll dated Band of Choctaw Indians (Jena the Federal census. The linguist Albert October 1993, which was used for the Choctaw), c/o Mr. Jerry D. Jackson, P.O. Gatschet reported finding three Choctaw proposed finding. The additional Box 14, Jena, Louisiana 71342–0014, families living in log huts on Trout individuals are the children and exists as an Indian tribe within the Creek, Catahoula Parish in 1886. They grandchildren of individuals on the meaning of Federal law. This notice is were known locally as the Eden Indians, previous roll. All members on the based on a determination that the group the Choctaw Indians on Trout Creek, October 1993 roll had 1⁄4 or more and the Whatley Indians in reference to satisfies the criteria set forth in 25 CFR Choctaw blood quantum. All of the new § 83.7. their residences or to the land owners members have 1⁄8 or more Choctaw with whom they were associated. After DATES: This determination is final and blood quantum, and thus they meet the World War II, most of the tribe moved will become effective 90 days from membership requirements prescribed in into the nearby town of Jena, Louisiana. publication of the final determination, the Jena constitution. They formally incorporated in 1974 as pursuant to 25 CFR 83.10 (l)(4), unless Every member descends from at least a request for reconsideration is filed the Jena Band of Choctaw Indians, but usually refer to themselves as the Jena one ancestor who was identified as a pursuant to 25 CFR 83.11. Choctaw. They have been identified as Choctaw Indian on the Federal censuses A notice of the proposed finding to an Indian entity throughout their history and/or who was identified as a full- acknowledge the Jena Choctaw was until the present by the Federal blood Mississippi Choctaw on the 1903 published in the Federal Register on Government, the State government, preliminary roll of the Dawes October 31, 1994 (Vol. 59, pt. II, No. local authorities, scholars, the Commission. Thus, they continue to 209, pp. 54496–7). The 180-day period Mississippi Band of Choctaw, and other meet the requirements of the regulations provided for in the regulations for sources. for descent from the historic tribe. comment on the proposed finding The Jena Choctaw maintained a Although the new list increases the closed April 29, 1995. This separate and distinct Indian group membership by approximately 20 determination is made following a through a high degree of in-group percent (from 157 to 189), it does not review of the public comments on the marriage. Before 1950, 85 percent of the change the basic community of the Jena proposed finding to acknowledge the marriages of members were to other Choctaw. Of the 32 new members, 9 are tribe. members, and 50 percent of the existing children born since October 1993, and The Jena Choctaw submitted a new marriages in 1959 were between 13 more are children under the age of membership roll during the comment members of the tribe. The Choctaw 21. The other 10 are grandchildren of period. There were no substantial language was used almost exclusively members listed in 1993. Sixty-five comments or evidence submitted by by members of this Indian community percent of the new members live in Jena interested parties or informed parties until the late 1930’s. The use of the and the surrounding area. during the comment period. A letter Choctaw language continued in many Under 25 CFR 83.12(b), the revised supporting the proposed finding and households until the late 1950’s, roll dated April 3, 1995, and approved recognition of the Jena Choctaw was sustained in part by the high degree of by the Jena tribal council, will be submitted by the Mississippi Band of in-group marriage. Close family ties, considered as the base roll of the Jena Choctaw Indians. Limited comments, living in close proximity to one another, Choctaw for Federal funding and other not containing substantive new and shared community activities such administrative purposes. evidence or arguments, were received as maintenance of the Indian cemetery Members of the Jena Choctaw were from two other parties. None of the have demonstrated that the group not found to be members of any other comments refuted the proposed finding. maintained a distinct, cohesive acknowledged Indian tribe. Neither the The comments were considered but community in the last three decades to tribe nor its members have been the were determined to have no effect on the present. subject of Congressional legislation the findings of fact or the decision to A traditional leader or chief which has expressly forbidden a acknowledge the tribe. The Jena conducted the affairs of the Indian relationship with the Federal Choctaw by tribal council resolution of community, led the group in burial Government. April 29, 1995, stated they had no practices, and conducted marriages The Jena Choctaw has met all seven response to the comments received and until the late 1930’s. Although the criteria under 25 CFR 83.7 for Federal requested that the BIA waive the 60-day traditional leader’s role was less active acknowledgment as an Indian tribe. Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices 28481 This determination is final and will become effective 90 days from the date of publication, unless a request for reconsideration is filed pursuant to § 83.11. The petitioner or any interested party may file a request for reconsideration of this determination with the Interior Board of Appeals (§ 83.11(a)(1)). The petitioner’s or interested party’s request must be received no later than 90 days after publication of the Assistant Secretary’s determination in the Federal Register (§ 83.11(a)(2)). Dated: May 18, 1995. Ada E. Deer, Assistant Secretary—Indian Affairs. [FR Doc. 95–13171 Filed 5–30–95; 8:45 am] BILLING CODE 4310±02±P federal register May 31,1995 Wednesday Notice Voluntary ComplianceWiththeAct; Technical AssistanceGrantsToPromote Americans WithDisabilitiesAct; Justice Department of Part VII 28483 28484 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices DEPARTMENT OF JUSTICE projects will be funded in amounts up Room 4039, Washington, DC 20005 to $40,000 each. (overnight, express, or hand deliveries), Civil Rights Division Detailed information regarding these P.O. Box 66738, Washington, D.C. specific priorities may be found in the 20035–6738 (U.S. Postal Service mail). The Americans With Disabilities Act; Program Priorities section of this Applications may not be sent by Technical Assistance Grants To solicitation. facsimile. Applications received after Promote Voluntary Compliance With Grants will be awarded to selected 5:30 p.m. on July 31, 1995 will not be the Act applicants who propose cost-effective considered for award, even if the and efficient methods for carrying out AGENCY: Disability Rights Section, Civil application was postmarked before that projects related to this year’s priorities. Rights Division, U.S. Department of date. Incomplete applications will not The Department is particularly Justice. be considered for award. In order to be interested in receiving proposals that: considered complete, one bound ACTION: Notice of availability of funds reflect an ability to begin project original and two unbound copies of the and of solicitation for grant activities in an expedited manner; application packet described in the applications. demonstrate an ability to reach and Application Requirements section of PURPOSE: The Disability Rights Section work effectively with established this solicitation must be submitted. (formerly the Public Access Section) of business, professional, trade, or FOR FURTHER INFORMATION CONTACT: the Civil Rights Division, United States municipal organizations; utilize Ruth Hall Lusher, ADA Technical Department of Justice (DOJ), announces materials already developed by Federal Assistance Program Manager, Disability the availability of up to $1.2 million to agencies and their grantees or Rights Section, Civil Rights Division, fund projects to inform and educate contractors; draw on people within the U.S. Department of Justice, P.O. Box covered entities about their State who have ADA expertise; 66738, Washington, D.C. 20035–6738; responsibilities under title II and title III represent long-term joint ventures 1–800–514–0301 (Voice) or 1–800–514– of the Americans With Disabilities Act between business, professional, trade, or 0383 (TTY). This Notice and other of 1990 (ADA). The term ‘‘covered municipal organizations and related information, with the exception entities’’ refers to businesses, organizations that represent persons of standard forms, are available in commercial properties, institutions, with disabilities; and specifically alternate formats, e.g., large print, State and local governments or their address how members of minority braille, audiotape, and computer disk. agencies, and other organizations or communities will be included within With the exception of standard forms, enterprises that have responsibilities the population targeted by the applicant this information may also be accessed under title II or title III of the ADA. The for receipt of technical assistance. through the Disability Rights Section’s primary objective of this program is to ELIGIBLE APPLICANTS: This grant electronic bulletin board at (202) 514– encourage and facilitate voluntary competition is open to non-profit 6193. compliance with titles II and III of the organizations, including trade and Background and Program Description ADA and the Department’s professional associations or their implementing regulations through subsidiaries, organizations representing On January 26, 1992, the major education and information sharing. State and local governments or their provisions of titles II and III of the This year, the Department is seeking employees, other organizations Americans with Disabilities Act (ADA) grant applications in the following two representing entities covered by the went into effect. The ADA provides (2) priority areas: ADA, State and local government legal protection to individuals with (1) Statewide pilot projects to educate agencies, organizations representing disabilities in the areas of public small businesses about the basic persons with disabilities, and accommodations, commercial facilities, requirements of title III of the ADA. The individuals. Preference will be given to State and local government services, projects, utilizing local business and the specific types of organizations transportation, employment, and professional organizations, will make described under Priority 1 and Priority telecommunications. Title III prohibits businesses aware of the ADA and the 2 in the Program Priorities section of discrimination on the basis of disability ADA resources available locally, within this solicitation. in a broad range of public the State, and from the Federal GRANT PERIOD AND AWARD AMOUNT: The accommodations, commercial facilities government; and promote the exchange period of performance will be twelve and certain transportation services. Title of ideas and information on successful months from the date of the grant II prohibits discrimination on the basis compliance efforts within their award. A total of up to $1.2 million is of disability in State and local communities. The Department available for this solicitation. It is government programs, activities, and anticipates funding up to eight projects, anticipated that Priority 1 grants will be services, including transportation, and with projects in larger States receiving awarded in amounts up to $100,000 in State and local government up to $100,000 and projects in smaller larger States and up to $50,000 in employment. The employment (title I), States receiving up to $50,000. smaller States. Priority 2 grants will be transportation (title II, Subpart B), and (2) Pilot projects to conduct statewide awarded in amounts up to $40,000. telecommunications (title IV) provisions ADA information-sharing conferences However, the estimated funding level of the ADA are regulated by other for State and local government officials. announced in this notice does not bind Federal agencies and are not the subject These conferences will provide the Department of Justice to make any of this Notice. information on the requirements of title awards or to any specific number of Section 506 of the ADA requires the II of the ADA and the ADA resources awards or funding levels. Department of Justice to provide available locally, within the State, APPLICATION DEADLINE: Applications technical assistance to entities and regionally, and from the Federal must be received by the close of individuals that have responsibilities or government; and promote the exchange business (5:30 p.m. EST) on July 31, rights under title II (subtitle A, State and of ideas and information on successful 1995 at the Disability Rights Section, local government services) and title III compliance efforts within the State. The Civil Rights Division, U.S. Department (public accommodations and Department anticipates that up to eight of Justice, 1425 New York Ave., NW, commercial facilities) of the ADA. Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices 28485 Pursuant to this requirement, the compliance with the ADA. Through this interior design, industrial design, and Department provides a variety of ADA- program, the Department works with landscape architecture schools and related services and information, organizations and individuals programs; State and local building code including: representing the many constituencies officials; disability advocates; librarians; —a toll-free ADA Information Line (for affected by the ADA to develop local historic preservation commissions; voice and TTY callers) through which educational programs and materials community and professional mediators; the public may obtain recorded targeted to these audiences nationwide. and building contractors and information and place orders for ADA The goal of the program is to foster construction tradespeople. Simple, easy materials 24 hours/day. ADA voluntary compliance with the ADA. to understand materials about the ADA Specialists are available to answer Because the grant program is have been translated into Spanish and questions about the ADA during educational in nature, the Department other languages. business hours. The line, which fields does not fund projects to research or The Department has undertaken other up to 2,000 calls per week, also resolve issues that are outside the scope initiatives to ensure that materials provides on-line service for Spanish- of the Department’s current ADA developed under the grant program are speaking callers; regulations and court interpretations. available in localities across the —a speakers bureau through which The program is not intended to fund or country. An ADA Information File, organizations can arrange to have support site-specific compliance which contains 33 ADA technical ADA experts from the Civil Rights implementation (e.g., funding to make assistance documents, has been placed Division speak on a variety of ADA specific facilities more accessible), or to in 15,000 libraries throughout the topics; fund or support inspections, reviews, or country. Additional materials will be —distribution of written materials, tests to determine whether an entity is added to the ADA Information File in including the Department’s meeting its compliance obligations. the coming months. The Department regulations implementing titles II and Since the initiation of the grant also disseminated similar informational program in 1991, the Department has III, technical assistance manuals for packets to 6,000 Chambers of Commerce awarded grants to over 40 non-profit titles II and III, an ADA Questions and nationwide. As a result, a wealth of organizations. Previous recipients have Answers booklet, and other reference resources and educational information included a wide range of groups materials. These materials are exists today in local communities. (A conducting a variety of projects, available in standard print, large listing of materials contained in the including: projects to develop and print, braille, audiotape, and ADA Information File will be included disseminate educational materials computer disk. They may also be in the Grant Application Packet.) specifically tailored to address the obtained through the Disability Rights needs of targeted audiences to help The Department of Justice and other Section’s electronic bulletin board them comply with the ADA; projects to agencies have also taken steps to ensure and through FedWorld on the disseminate existing information to that ADA technical assistance is Internet; and targeted audiences across the country; available nationally, regionally, and —an outreach program to identify, projects to develop and conduct ADA locally. The Department, the Equal inform, and work with covered training programs and seminars; Employment Opportunity Commission entities and persons with disabilities, projects to operate telephone (EEOC), and the Architectural and including disseminating information information lines; and projects to Transportation Barriers Compliance on the ADA and the Department’s develop and incorporate ADA materials Board (Access Board) all operate toll- ADA Information Line to 6 million into professional educational curricula free ADA Information Lines to provide businesses through the IRS quarterly and programs in schools of architecture direct technical assistance to the public. mailing, distributing television and and design. The Department and the EEOC jointly radio Public Service Announcements Title III projects have been directed funded a project to create the ADA on the ADA featuring the Attorney toward educating owners and operators Training and Implementation Network, General to broadcast stations, placing of hotels and motels, retail stores, a network of approximately 400 ADA pamphlets and cards to order grocery stores, restaurants and bars, individuals who completed an intensive free materials in 7,600 grocery stores professional offices, recreation and ADA training course. Members of the through the ‘‘Good Neighbor’’ fitness centers, museums and other Network are currently located in every program, and disseminating ADA places of public display or collection, State in the country to serve as local information and technical assistance travel and tour agents, hospitals and resources for businesses, governments, materials to national advocacy and health care providers, service providers and persons with disabilities. The U.S. service organizations representing for elderly persons, day care centers, Department of Education funds ten African Americans, Hispanics, and small shops and stores, and large Regional Disability and Business other interest groups. commercial properties. Technical Assistance Centers (DBTACs) Under section 506(d) of the Act, the Title II projects have worked toward to provide technical assistance to Department has authority to award educating mayors of medium and large covered entities and individuals with grants to individuals and non-profit cities and small towns, law enforcement disabilities at the local, State, and entities for the purpose of personnel, 911/emergency response regional level. supplementing the Department’s operators, officers of State courts, State Despite these efforts and the technical assistance efforts. The social service agencies, persons availability of ADA information and Technical Assistance Grant Program is involved in testing for licensure and resources, the Department has learned— designed to develop and implement cost certification purposes, and members through calls to its ADA Information effective strategies to disseminate and staff of local historic preservation Line, meetings with the public, information about the responsibilities or commissions. Congressional inquiries, and studies rights of covered entities and Other projects have been directed conducted by the Government individuals under titles II and III of the toward persons who can assist others in Accounting Office and by Lou Harris for ADA and to provide practical complying with the ADA, including the National Organization on information on effective ways to achieve professors and students in architecture, Disability—that: 28486 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices —many people continue to be unaware Studies show that business owners title III of the ADA using approved of what the ADA requires and how can comply with the ADA easily and technical assistance materials easy it can be to comply; reasonably if provided with adequate available from the Department of —many people believe that the ADA’s information and support. These projects Justice (including the ‘‘Open for requirements are more stringent than are intended to use existing business Business’’ videotape, the Checklist for they are, or are unaware of cost- and professional organizations to Readily Achievable Barrier Removal, effective solutions for achieving increase awareness of the ADA and the the ADA Questions and Answers compliance with the ADA; availability of ADA resources, and to booklet, the IRS Tax Credit form, etc.); —some people who are trying in good engage members of local business a list of technical assistance resources faith to comply with the ADA are communities in helping each other find available locally, within the State, and making needless and costly mistakes; practical, successful ways to comply from the Federal government that and with the ADA. participants may use to obtain —this lack of understanding can lead Preference will be given to state-based technical assistance at a later time; people to resist making efforts to organizations that demonstrate an and time for local businesses to comply, or make them vulnerable to established relationship with the discuss issues, share ideas, and hard-sell tactics by individuals who business community across that identify practical, cost-effective would profiteer from their lack of particular State. Examples include, but solutions that they have used knowledge. are not limited to, state-based private, successfully to comply with the ADA. For these reasons, the Department non-profit professional and trade An outline of a model program (one intends to use the grant program this organizations (e.g., a State association of to two hours in length) must be year to reach out to groups at the State small business owners, a State Chamber included with the grant application; and local level to undertake educational of Commerce, a statewide retail or —Use local, State, and regional ADA projects as described in the following hospitality association, etc.), or State resources and individuals section. government agencies that work with the knowledgeable about the ADA for assistance to conduct the educational Program Priorities business community (e.g., Departments of Resource and Economic programs. It is anticipated that For fiscal year 1995, the Department Development, Small Business speakers and presenters will will establish two absolute funding Development Centers, a State Bureau of voluntarily provide their services. priorities and fund multiple pilot Travel or Tourism, etc.). Grant funds may be used to reimburse projects under each priority. The goal is Proposed projects must use individual travel expenses, but may to increase voluntary compliance with established local business and not be used to provide honoraria for title III and title II of the ADA as easily, professional organizations and their speakers. Letters of cooperation or comprehensively, and cost-effectively as regular meetings, local and regional support from groups such as the possible. The objective of both funding ADA resources and individuals with regional Disability and Business priorities is (1) to increase awareness of ADA expertise, and ADA publications Technical Assistance Center (DBTAC) the ADA; (2) to increase knowledge of and materials available free from the or local DBTAC affiliates, existing materials and resources Department of Justice to reach and Independent Living Centers, other available locally, within the State, educate small businesses, non-profit organizations representing people regionally, and from the Federal groups, and others who must comply with disabilities, or members of the government to assist people in with title III of the ADA. ADA Training and Implementation understanding and complying with Project activities must be conducted Network must be included with the titles II and III of the ADA; and (3) to in all regions of the State, reach a grant application; promote the exchange of ideas and diverse representation of title III entities —Develop a marketing pamphlet or information on successful compliance statewide, represent a joint venture with flyer that can be easily tailored, efforts. reproduced, and used by local The Department is soliciting organizations representing people with disabilities, and have the potential for business groups hosting the programs; proposals that address the following two —Ensure that businesses owned or replication in other States. (2) priority areas: operated by people who are members Statewide pilot projects to educate of racial and ethnic minority groups Priority 1: Statewide Pilot Projects To small businesses about basic will be included within the audiences Educate Small Businesses About Basic requirements of title III of the ADA shall Requirements of Title III of the ADA reached; include the following major —Provide a brief final report on the The ADA provides a general components: project, including an identification of framework to eliminate discrimination —Conduct ADA educational programs the strengths and weaknesses of the against people with disabilities while in all regions of the State, using project, the number and types of providing flexibility to address the established local business and participants involved, examples of unique circumstances of the estimated 6 professional organizations and their known positive changes that may million businesses in the United States. regularly scheduled meetings. A have occurred as a result of the While this flexibility allows business minimum of 50 programs must be project, and suggestions for owners and managers to make their own conducted in larger States and a improvement that the Department decisions about exactly how they can minimum of 25 programs must be will be able to use as guidance for comply, many do not know where to conducted in smaller States. Letters of other organizations seeking to turn for accurate, practical information cooperation or support from groups conduct similar projects in the future. and assistance within their own such as Merchant Associations, communities. Business owners and Jaycees, Kiwanis, Lions, Rotary Clubs, Priority 2: Statewide ADA Information- managers may attempt to comply and or similar organizations must be Sharing Conferences for Government yet not be successful, or they may be included with the grant application; Officials reluctant to implement any kind of —Programs must provide: basic In the United States today, an strategy for compliance. information on the requirements of estimated 86,000 units of State, county, Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices 28487 and municipal governments are working activities. Preference will be given to State, and from the Federal to understand and meet their obligations State agencies or state-based government; a variety of workshops or under title II of the ADA. The ADA organizations that demonstrate the break-out sessions tailored to address provides the general framework to existence of an established relationship specific issues and to enable eliminate discrimination against people with the target audience across that participants to discuss issues, share with disabilities, but also the flexibility particular State. Examples include, but ideas, and learn of practical, cost- to address the unique circumstances are not limited to, a State office on effective solutions that have been encountered by State and local accessibility and ADA compliance, a used successfully to comply with the government programs and activities. State building code council, or state- ADA; and a mechanism for the While this allows State and local based organizations that represent or continuing exchange of information government officials with ADA work with local and State government and ideas among the conference compliance responsibilities to decide officials such as a State municipal participants (such as distributing lists exactly how to comply, many may not association, association of counties, of ADA resources and the names and know where to turn for accurate, association of cities or towns, council of addresses of conference participants practical information and assistance mayors or city managers, etc. to all conference attendees). An within their own communities and may Proposed projects must bring State outline of the proposed agenda for the be reluctant to take needed action. and local government officials from conference must be included with the While many State and local across the State together with grant application; governments have been successful in individuals knowledgeable about the —In carrying out the conference, the making their programs and activities ADA from local, regional, and Federal grant recipient must use existing ADA accessible to people with disabilities, sources, use approved ADA publications and materials reviewed misinformation about the requirements publications and materials available free by the Federal government that are of the ADA continues to exist, making from the Department or other sources, available from the Department and voluntary compliance more confusing and provide a mechanism for the other agencies, and the local, State, and burdensome for some than it need continuing exchange of information and regional, and Federal ADA resources be. For example, many believe the ADA ideas among the conference that serve the State, as described requires that all buildings must be participants. above. Letters of cooperation or accessible, when, in fact, the ADA The statewide conference must reach support from groups or individuals actually requires that a public entity a diverse representation of title II who will be participating as speakers make its programs accessible to people entities statewide and have the potential must be included with the grant with disabilities through relocation of for replication in other States. application; programs to an accessible location, A pilot project to conduct statewide —Provide a final report on the project, structural modifications, or other ADA information-sharing conferences including an identification of the alternatives. For those State and local for local and State government officials strengths and weaknesses of the government officials having the shall include the following major project, the number and types of authority and the responsibility for components: participants involved, examples of developing and implementing ADA known positive changes that may compliance strategies, access to —Working with State and local have occurred as a result of the information and other assistance is government agencies, officials, and project, and suggestions for paramount if compliance efforts are to employees, plan and promote the improvement that the Department be successful. Yet, the significant ADA conference to ensure will be able to use as guidance for resources that exist at the State and representation from local and State other organizations seeking to local level are often overlooked and agencies and programs from around conduct similar statewide conferences underutilized, including other State and the State. An outline plan for in the future. local governments that have already promoting the conference and its successfully resolved compliance goals, including use of the media, Selection Criteria issues. must be included with the grant Applicants will be evaluated in each One of the Department’s primary roles application; of the following four selection criteria and responsibilities is to assist local —Identify and develop a list of local, areas for a total of 100 points: communities, both small and large, to State, regional, and Federal ADA Project Strategy and Plan of Action (50 understand the ADA’s requirements resources that serve the State (e.g., points) through education and technical regional DBTAC and local DBTAC assistance. To accomplish this, the affiliates, Centers for Independent Applicants must demonstrate a Department will fund pilot projects to Living, other organizations thorough understanding of the grant conduct statewide ADA information- representing people with disabilities, proposal priority, including the sharing conferences for State and local members of the ADA Training and background, intended audience, and government officials. These conferences Implementation Network, local and intended approach. Applicants must will provide information on the State officials with ADA expertise, also demonstrate an ability to reach as requirements of the ADA, the ADA Federal ADA information lines, diverse a segment of the target audience resources available locally, regionally electronic bulletin boards, the ADA as possible in a cost-efficient manner. and from the Federal government, and Information File in local libraries, Project goals and expected outcomes promote the exchange of ideas and etc.); should be clearly articulated. Clarity, information on successful compliance —Plan and conduct one statewide quality, and appropriateness of the efforts within the State. conference that will provide: plans, methodologies, and procedures to Proposed projects should target information on the requirements of achieve the goals listed in the participants with decision-making title II of the ADA specifically tailored application will be carefully considered. authority over programs that serve the to the needs of the targeted audience; Proposals should reflect the public, particularly those with information about technical assistance involvement of State and local business responsibility for ADA compliance resources available locally, within the and government organizations with 28488 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices local, State, and regional organizations Coordination With Other Agencies and use, for Federal government purposes: that provide ADA technical assistance Organizations (1) The copyright in any work and organizations that represent people Grantees are expected to coordinate developed under a grant, subgrant, or with disabilities. Proposals must their project activities with the contract under a grant or subgrant; and include letters of commitment as Department of Justice, and, where (2) any rights of copyright to which a previously described under each appropriate, with other Federally grantee, subgrantee, or a contractor program priority. sponsored ADA technical assistance purchases ownership with grant The plan of action must be sound and activities, such as the Department of support. well-reasoned, with evidence of the Education’s Disability and Business Program Income ability to implement the plan Technical Assistance Centers (DBTACs). Grantee recipients may charge for immediately and complete the project Grantees will utilize existing technical grant-related activities and products within the period of performance. assistance materials developed by the (e.g., new materials developed and Project strategy must include a plan for Department, its grantees, other Federal disseminated, conference registration documenting known positive changes agencies and their grantees. fees), as long as all income derived from that may occur as a result of the project Grantee Orientation and Post-Award such activities and products is added to and for evaluating the strengths and Monitoring funds committed to the grant and its weaknesses of the project, as previously The Department intends to provide activities. Specifically, this program described under each program priority. grant recipients with the maximum income (gross income earned by the Staff Capability (25 points) amount of post-award guidance and grantee, during the funding period, as a technical assistance possible within direct result of the grant award or its Applicants must provide evidence of budget and staff constraints. Applicants activities) must be used ‘‘to further the qualified personnel to undertake the are advised that DOJ staff may make site eligible project or program objectives’’ project. The application must contain visits to provide grant recipients with or ‘‘to finance the non-Federal share of necessary position description(s), guidance and technical assistance and the project or program’’ (e.g., obtaining resume(s), and assurances of availability to monitor the progress of the grant. The equipment or other assets required for of key staff (salaried or contract staff) Office of Justice Programs (OJP), a the project). Program income may not be with appropriate competencies and component of the Department of Justice, used to support or further a grantee’s experience. Duties outlined for grant- will provide financial management and general organization, its programs or its funded position(s) must be clearly other services in support of the services. appropriate to the scope of the work Disability Rights Section in the Costs associated with the provision of being carried out under the project. administration of this program. refreshments may not be paid for with Applicants are advised that copies of grant funds. It is anticipated that Organizational Capability and both the quarterly progress reports and speakers and presenters will voluntarily Management Plan (20 points) quarterly financial reports sent to OJP provide their services. Grant funds may must also be sent to the Disability Rights be used to reimburse individual travel Applicants must demonstrate the Section. ability to reach and work effectively and accommodation expenses, but may with the targeted audience and offer DOJ Review of Grantee Materials not be used to provide honoraria for evidence of proven organizational All materials used or developed by speakers. Fees charged by grantees (if ability to provide high quality results grant recipients must be approved by any) must be nominal and there shall be utilizing appropriate key personnel. DOJ in advance of use. This includes no charge for materials provided to Applications must include a media releases, scripts, program audience participants. management plan that provides outlines/agendas, and handouts. Alternate Formats (Print and evidence of project control by However, it is not anticipated that grant Audiovisual) management, efficient and timely use of recipients will develop new technical staff and other resources, and effective assistance materials under these All materials produced in standard quality control mechanisms. priorities. print must also be produced in large print, in Braille, and on audiotape in Resources/Facilities/Equipment (5 Availability of Existing Materials proportion to anticipated demand by points) Publications and resource lists that persons with vision impairments in the targeted population(s). Audiotapes of Applicants must demonstrate the are currently available to the public from the Department of Justice (DOJ) lengthy materials must be voice- or availability and appropriateness of tone-indexed. resources (other than personnel), will be provided, in bulk, to grant physical facilities, and equipment recipients free of charge. Grantees are Effective Communication and proposed to be used to carry out the not responsible for the duplication of Accessibility Requirements project. DOJ materials. If an applicant wishes to use materials produced by previous DOJ Applicants who plan to list a voice General Requirements for Grant grant recipients or recipients of grants telephone number on correspondence or Recipients from other Federal agencies, including promotional materials concerning the the National Institute on Disability and grant activities, or on materials The following general grant program Rehabilitation Research, it should produced under the grant, must also list requirements should be considered by coordinate such requests with DOJ. a TTY telephone number. Applicants each applicant in developing both its who plan to use an automated telephone project timeline and budget. Successful Copyrights information system to respond to voice applicants must adhere to all conditions The grantor agency reserves a royalty- calls concerning grant activities must as specified; any deviation from the free, nonexclusive, and irrevocable provide comparable service for TTY requirements in this section must be license to reproduce, publish or users. The cost of establishing an negotiated with DOJ. otherwise use, and to authorize others to automated TTY information system or Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices 28489 purchasing a TTY may not be included 2. A one-page Abstract that 7. Job description(s) for key in the proposed project budget. summarizes the goals of the project, the position(s) that are proposed to be All grant activities must be held in nature and size of the population(s) to funded under the grant. accessible facilities. All programs must be reached through the project, and the 8. Resume(s) or qualification(s) of the be accessible to attendees with project strategy. Applicants should state key individual(s) who will fill the grant communication disabilities. explicitly the number of people position(s), including consultants, if any expected to be served in the course of Materials To Be Provided to DOJ (maximum length 3 pages each). the project’s activities. If grant project activities are 3. A Project Strategy and Plan of 9. Letters of commitment from videotaped, one copy must be submitted Action (maximum length 15 pages) that: organizations that will be involved in to DOJ. If videotapes are intended for —addresses each major component the project. (Letters of reference are not commercial use, all must be captioned. identified in the program priority for required and, if submitted, will not be A copy of the final text of each which applicant is applying; considered.) document or videotape script produced —describes major activities and events; 10. A certification regarding lobbying, must be provided to DOJ on computer —provides a description of the debarment, suspension, other disk in ASCII or Wordperfect. applicant’s plan for working with responsibility matters, and drug-free other local, State, regional, and Application Requirements workplace requirements, OJP Form Federal ADA resources; and 4061/6. Under Section 506(d) of the —provides a plan for evaluating the Americans with Disabilities Act, the effectiveness of the project, as 11. A disclosure of lobbying activities, Department is authorized to award described under the program SF LLL. grants to individuals and non-profit priorities. Please Note: Non-profit applicants who organizations to supplement its ADA 4. A Management Plan that includes have not previously received Federal technical assistance efforts. All a timeline for completion of all project financial assistance from the Department of Justice may also be required to submit a applicants must submit, in the order objectives, activities, events, and given, one bound original and two disclosure of financial capability statement or products. other documentation prior to the grant unbound copies of the following 5. A Budget Narrative required by the award. information: SF 424 (Rev. 4/88), which includes the 1. A signed SF 424 and SF 424A (Rev. basis for all costs presented in the Dated: May 18, 1995. 4/88) application form. The grant budget. Deval L. Patrick, priority number under which the 6. A brief statement identifying the Assistant Attorney General, Civil Rights applicant is submitting the proposal facilities, equipment, and other Division. must be clearly identified in box resources available for carrying out the [FR Doc. 95–13202 Filed 5–30–95; 8:45 am] number 11 on form SF 424. project. BILLING CODE 4410±01±P federal register May 31,1995 Wednesday Summary Presentation,etal.;FinalRules Federal AcquisitionRegulation(FAR): 48 CFRChapterI,etal. Space Administration National Aeronauticsand Administration General Services Department ofDefense Part VIII 28491 28492 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations DEPARTMENT OF DEFENSE ACTION: Summary presentation of final correspondence related to the following and interim rules with request for documents. GENERAL SERVICES comment. ADMINISTRATION FOR FURTHER INFORMATION CONTACT: The SUMMARY: This document summarizes analyst whose name appears (in the NATIONAL AERONAUTICS AND the FAR rules which follow it in the table above) in relation to each FAR case SPACE ADMINISTRATION order listed below. The Civilian Agency or subject area. For general information, Acquisition Council and the Defense contact the FAR Secretariat, Room 4037, 48 CFR Chapter 1 Acquisition Regulations Council are GS building, Washington, DC 20405, issuing Federal Acquisition Circular (202) 501–4755. Please cite FAC 90–27 Federal Acquisition Circular 90±27; (FAC) 90–27 to amend the Federal and specific FAR case number(s). Introduction Acquisition Regulation (FAR). AGENCIES: Department of Defense (DOD), DATES: For effective dates and comment SUPPLEMENTARY INFORMATION: Federal General Services Administration (GSA), dates, see separate documents which Acquisition Circular 90–27 amends the and National Aeronautics and Space follow. Please cite FAC 90–27 and the Federal Acquisition Regulation (FAR) as Administration (NASA). appropriate FAR case number(s) in all specified below: Item and subject FAR Case Analyst I: Double-Sided Copying (Interim) ...... 92±50 DeStefano. II: Environmentally Preferable Products (Interim) ...... 92±54 DeStefano. III: Ozone Executive Order (Interim) ...... 93±307 DeStefano. IV: Addition of Three European Community Countries ...... 95±601 McAndrew. V: Trade Sanctions-Germany ...... 94±5 O'Such. VI: Interdivisional Transfers (Interim) ...... 94±9 Olson. Item I—Double-Sided Copying (FAR to establish cost-effective waste of ‘‘sanctioned member state of the EC’’ Case 92–50) reduction programs. in section 25.1001 and in the clauses at 52.225–18 and 52.225–19 of the FAR. This interim rule amends FAR Part 4 Item III—Ozone Executive Order (FAR These countries joined the EC on and a new contract clause, Printing/ Case 93–307) January 1, 1995. Copying Double-Sided on Recycled This interim rule implements Paper, is added at 52.204–4 to Executive Order 12843, Procurement Item V—Trade Sanctions—Germany encourage contractors to maximize the Requirements and Policies for Federal This final rule amends the definition use of double-sided copying on recycled Agencies for Ozone-Depleting of ‘‘sanctioned member state of the paper when submitting written Substances, and Environmental European Community’’ to remove the documents related to an acquisition. Protection Agency Clean Air Act Title ‘‘Federal Republic of Germany’’ from Item II—Environmentally Preferable VI regulations, Protection of FAR 25.1001 and the clauses at 52.225– Products (FAR Case 92–54) Stratospheric Ozone (40 CFR Part 82). A 18 and 52.225–19. These revisions are new subpart is added at FAR 23.8 to based on the Office of the United States This interim rule amends FAR Parts 7, provide policy for the acquisition of Trade Representative’s determination, 10, 11, 15, 23, 36, 42, and 52 to clearly items which contain, use, or are which was published in the Federal reflect the Government’s preference for manufactured with ozone-depleting Register at 59 FR 11360, March 10, the acquisition of environmentally- substances. Two new clauses are added: 1994. sound and energy-efficient products and 52.223–11, Ozone—Depleting services and to establish an affirmative Item VI—Interdivisional Transfers Substances, and 52.223–12, (FAR Case 94–9) procurement program favoring items Refrigeration Equipment and Air containing the maximum practicable Conditioners. The clause at 52.223–11 This interim rule amends the cost content of recovered materials. Changes requires contractors to label products principle criteria for the cost of include addition of: (1) Definitions of which contain or are manufactured with interdivisional transfers to permit ‘‘new’’ and ‘‘other than new’’ at 10.001, class I or class II ozone-depleting interdivisional transfers at price rather in the clauses at 52.210–5 and 52.210– substances. The clause at 52.223–12 than cost under criteria that more 7, and in the provision at 52.210–6; (2) requires contractors to comply with closely approximate those applied to a new section at 23.4040(b) requiring Sections 608 and 609 of the Clean Air subcontracts eligible for exemption or that acquisitions of certain items meet Act (42 U.S.C. 7671g and 7671h) as each waiver of cost or pricing data. the Environmental Protection Agency’s or both apply to the contract. 42 U.S.C. Dated: May 24, 1995. minimum standards for recovered 7671g addresses a national recycling C. Allen Olson, material content, unless approval is and emission reduction program, and 42 Director, Office of Federal Acquisition Policy. granted by an official designated by the U.S.C. 7671h addresses servicing of Federal Acquisition Circular agency head; (3) a new provision and motor vehicle air conditioners. clause at 52.223–8 and 52.223–9 Number 90–27 requiring offerors and contractors to Item IV—Addition of Three European Federal Acquisition Circular (FAC) provide information regarding the Community Countries (FAR Case 95– 90–27 is issued under the authority of percentage of recovered materials in 601) the Secretary of Defense, the certain items proposed for use and This final rule adds three countries, Administrator of General Services, and actually used in contract performance; Austria, Finland and Sweden, to the the Administrator for the National and (4) a new clause at 52.223–10 definition of ‘‘EC Country’’ in section Aeronautics and Space Administration. requiring contractors operating 25.401 and in the clauses at 52.225–15 Unless otherwise specified, all Government-owned or leased facilities and 52.225–17, and adds the definition Federal Acquisition Regulation (FAR) Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations 28493 and other directive material contained Please cite FAC 90–27, FAR case 92– List of Subjects in 48 CFR Parts 4 and in FAC 90–27 are effective May 31, 50 in all correspondence related to this 52 1995. case. Government procurement. Dated: May 2, 1995. FOR FURTHER INFORMATION CONTACT: Dated: May 24, 1995. Ida M. Ustad, Mr. Ralph DeStefano at (202) 501–1758 in reference to this FAR case. For C. Allen Olson, Associate Administrator for Acquisition Director, Office of Federal Acquisition Policy. Policy, General Services Administration. general information, contact the FAR Secretariat, Room 4037, GS Building, Eleanor R. Spector, Therefore, 48 CFR Parts 4 and 52 are Washington, DC 20405 (202) 501–4755. amended as set forth below: Director, Defense Procurement Department of Please cite FAC 90–27, FAR case 92–50. Defense. 1. The authority citation for 48 CFR Dated: April 24, 1995. SUPPLEMENTARY INFORMATION: Parts 4 and 52 continues to read as follows: Tom Luedtke, A. Background Deputy Associate Administrator for Authority: 40 U.S.C. 486(c); 10 U.S.C. Executive Order 12873, Federal chapter 137; and 42 U.S.C. 2473(c). Procurement, NASA. Acquisition, Recycling, and Waste [FR Doc. 95–13254 Filed 5–30–95; 8:45 am] Prevention, dated October 20, 1993 (58 PART 4ÐADMINISTRATIVE MATTERS BILLING CODE 6820±EPD±M FR 54911), encourages the use of double-sided copying on recycled paper 2. Section 4.000 is revised to read as for documents printed within the follows: DEPARTMENT OF DEFENSE Government and under Government 4.000 Scope of part. contracts. This part prescribes policies and GENERAL SERVICES B. Regulatory Flexibility Act procedures relating to the ADMINISTRATION This interim rule is not expected to administrative aspects of contract have a significant economic impact on execution, contractor-submitted paper NATIONAL AERONAUTICS AND a substantial number of small entities documents, distribution, reporting, SPACE ADMINISTRATION within the meaning of the Regulatory retention, and files. Flexibility Act, 5 U.S.C. 601, et seq., 3. Subpart 4.3 is added to read as 48 CFR Parts 4 and 52 because the requirements under the rule follows: are best efforts requirements. An Initial Subpart 4.3ÐPaper Documents [FAC 90±27, FAR Case 92±50, Item I] Regulatory Flexibility Analysis has, therefore, not been performed. Sec. RIN 9000±AG41 Comments from small entities 4.300 Scope of subpart. 4.301 Authority. Federal Acquisition Regulation; concerning the affected FAR subpart 4.302 Definition. will be considered in accordance with 5 Double-Sided Copying 4.303 Policy. U.S.C. 610. Such comments must be 4.304 Contract clause. AGENCIES: Department of Defense (DOD), submitted separately and cite 5 U.S.C. General Services Administration (GSA), 601, et seq. (FAC 90–27, FAR Case 92– Subpart 4.3ÐPaper Documents 50), in correspondence. and National Aeronautics and Space 4.300 Scope of subpart. Administration (NASA). C. Paperwork Reduction Act This subpart provides policies and ACTION: Interim rule with request for The Paperwork Reduction Act does procedures on contractor-submitted comment. not apply because the changes to the paper documents. FAR do not impose recordkeeping or SUMMARY: The Civilian Agency 4.301 Authority. Acquisition Council and the Defense information collection requirements, or Acquisition Regulations Council have collection of information from offerors, The authority for this subpart is agreed to an interim rule amending the contractors, or members of the public established in Executive Order 12873, Federal Acquisition Regulation (FAR) to which require the approval of OMB Sections 402(d) and 504, October 20, encourage contractors to maximize the under 44 U.S.C. 3501, et seq. 1993. use of double-sided copying on recycled D. Determination to Issue an Interim 4.302 Definition. paper when submitting documents Rule Printing/copying double-sided, as related to an acquisition. This regulatory A determination has been made under used in this subpart, means printing or action was not subject to Office of the authority of the Secretary of Defense reproducing a document so that Management and Budget review under (DOD), the Administrator of General information is on both sides of a sheet Executive Order 12866, dated Services (GSA), and the Administrator of paper. September 30, 1993. of the National Aeronautics and Space DATES: Effective Date: May 31, 1995. Administration (NASA) that compelling 4.303 Policy. Comment Date: Comments should be reasons exist to promulgate this interim It is the policy of the Government that submitted to the FAR Secretariat at the rule without prior opportunity for a contractor submitting paper address shown below on or before July public comment. This action is documents to the Government relating 31, 1995 to be considered in the necessary because the rule implements to an acquisition should, if possible, formulation of a final rule. Executive Order 12873, which required submit those documents printed/copied ADDRESSES: Interested parties should FAR revisions by April 18, 1994. double-sided on recycled paper. If the submit written comments to: General However, pursuant to Public Law 98– contractor can only print/copy double- Services Administration, FAR 577 and FAR 1.501, public comments sided or use recycled paper, the Secretariat (VRS), 18th & F Streets, NW, received in response to this interim rule contractor should accomplish Room 4035, Attn: Ms Beverly Fayson, will be considered in the formation of whichever one the contractor has the Washington, DC 20405. the final rule. ability to achieve. 28494 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations 4.304 Contract clause. of environmentally preferable and B. Regulatory Flexibility Act The contracting officer shall insert the energy-efficient products and services. clause at 52.204–4, Printing/Copying This regulatory action was subject to This interim rule may have a Double-Sided on Recycled Paper, in Office of Management and Budget significant economic impact on a solicitations and contracts. review under Executive Order 12866, substantial number of small entities dated September 30, 1993. within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., PART 52ÐSOLICITATION PROVISIONS DATES: Effective Date: May 31, 1995. AND CONTRACT CLAUSES because the rule establishes a preference Comment Date: Comments should be for the acquisition of environmentally- 4. Section 52.204 is added to read as submitted to the FAR Secretariat at the sound and energy-efficient products and follows: address shown below on or before July services and requires that contracts for 31, 1995. To be considered in the certain items specify minimum 52.204±4 Printing/Copying Double-Sided formulation of a final rule. on Recycled Paper. percentages of recovered material ADDRESSES: Interested parties should content. An Initial Regulatory As prescribed in 4.304, insert the submit written comments to: General Flexibility Analysis (IRFA) has been following clause: Services Administration, FAR prepared and will be provided to the PRINTING/COPYING DOUBLE-SIDED ON Secretariat (VRS), 18th & F Streets, NW, Chief Counsel for Advocacy for the RECYCLED PAPER (MAY 1995) Room 4035, Attn: Ms. Beverly Fayson, Small Business Administration. A copy (a) In accordance with Executive Order Washington, DC 20405. of the IRFA may be obtained from the 12873, dated October 20, 1993, the Offeror/ Please cite FAC 90–27, FAR case 92– FAR Secretariat. Comments are invited. Contractor is encouraged to submit paper 54 in all correspondence related to this Comments from small entities documents, such as offers, letters, or reports, case. that are printed/copied double-sided on concerning the affected FAR subpart recycled paper that has at least 20% FOR FURTHER INFORMATION CONTACT: will be considered in accordance with 5 postconsumer material. Mr. Ralph DeStefano at (202) 501–1758 U.S.C. 610. Such comments must be (b) The 20% standard applies to high- in reference to this FAR case. For submitted separately and cite 5 U.S.C. speed copier paper, offset paper, forms bond, general information, contact the FAR 601, se seq. (FAC 90–27, FAR Case 92– computer printout paper, and carbonless Secretariat, Room 4037, GS Building, 54), in correspondence. paper. A higher standard of 50% recovered Washington, DC 20405 (202) 501–4755. C. Paperwork Reduction Act material, with 20% postconsumer material, Please cite FAC 90–27, FAR case 92–54. applies to other uncoated printing and The Paperwork Reduction Act (Pub. writing papers such as writing and office SUPPLEMENTARY INFORMATION: paper, book paper, cotton fiber paper, and L. 96–511) is deemed to apply because cover stock. An alternative standard for A. Background the interim rule contains information either of the standards specified in this This interim rule implements the collection requirements. Accordingly, a clause is 50% recovered material content of Resource Conservation and Recovery request for approval of a new certain industrial by-products. Act (RCRA) (42 U.S.C. 6901, et seq.); information collection requirement (End of clause) Executive Order 12873, Federal concerning environmentally sound [FR Doc. 95–13255 Filed 5–30–95; 8:45am] Acquisition, Recycling, and Waste products was submitted to the Office of Management and Budget under 44 BILLING CODE 6820±EPD±M Prevention (58 FR 54911, October 22, 1993); and Office of Federal U.S.C. 3501, et seq. Public comments Procurement Policy (OFPP) Policy concerning this request were invited through a Federal Register notice DEPARTMENT OF DEFENSE Letter 92–4, Procurement of Environmentally-Sound and Energy- published at 59 FR 60357, November 23, GENERAL SERVICES Efficient Products and Services (57 FR 1994. ADMINISTRATION 53362, November 9, 1992). D. Determination to Issue an Interim The rule amends FAR Parts 7, 10, 11, Rule NATIONAL AERONAUTICS AND 15, 23, 36, 42, and 52 to clearly reflect SPACE ADMINISTRATION the Government’s preference for the A determination has been made under acquisition of environmentally-sound the authority of the Secretary of Defense 48 CFR Parts 7, 10, 11, 15, 23, 36, 42, and energy-efficient products and (DOD), the Administrator of General and 52 services and to establish an affirmative Services (GSA), and the Administrator [FAC 90±27, FAR Case 92±54, Item II] procurement program favoring items of the National Aeronautics and Space RIN 9000±AG40 containing the maximum practicable Administration (NASA) that compelling content of recovered materials. reasons exist to promulgate this interim Federal Acquisition Regulation; Definitions of ‘‘new’’ and ‘‘other than rule without prior opportunity for Environmentally Preferable Products new’’ are added at 10.001, in the clauses public comment. This action is AGENCIES: Department of Defense (DOD), at 52.210–5 and 52.210–7, and in the necessary because Executive Order General Services Administration (GSA), provision at 52.210–6. A new provision 12873 required implementation and and National Aeronautics and Space and clause are added at 52.223–8 and incorporation of its policies into the Administration (NASA). 52.223–9 requiring offerors and FAR by April 18, 1994. However, pursuant to Public Law 98–577 and FAR ACTION: Interim rule with request for contractors to provide information comment. regarding the percentage of recovered 1.501, public comments received in materials in certain items proposed for response to this interim rule will be SUMMARY: The Civilian Agency use and actually used in contract considered in the formation of the final Acquisition Council and the Defense performance. A new clause is added at rule. Acquisition Regulations Council have 52.223–10 requiring contractors List of Subjects in 48 CFR Parts 7, 10, agreed to an interim rule amending the operating Government-owned or leased 11, 15, 23, 36, 42, and 52 Federal Acquisition Regulation (FAR) to facilities to establish cost-effective waste incorporate policies for the acquisition reduction programs. Government procurement. Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations 28495 Dated: May 24, 1995. applicable environmental and energy the end of the paragraph to read as C. Allen Olson, conservation objectives associated with follows: Director, Office of Federal Acquisition Policy. the acquisition (see part 23), the 10.004 Selecting specifications or Therefore, 48 CFR parts 7, 10, 11, 15, applicability of an environmental descriptions for use. 23, 36, 42, and 52 are amended as set assessment or environmental impact (a)(1) * * * Agencies should forth below: statement (see 40 CFR part 1502), the 1. The authority citation for 48 CFR proposed resolution of environmental prepared product descriptions to part 7, 10, 11, 15, 23, 36, 42, and 52 issues, and any environmentally-related achieve maximum practicable use of continues to read as follows: requirements to be included in recovered material and other materials solicitations and contracts. that are environmentally preferable (see Authority: 40 U.S.C. 486(c); 10 U.S.C. subparts 23.4 and 23.7). chapter 137; and 42 U.S.C. 2473(c). * * * * * * * * * * PART 7ÐACQUISITION PLANNING PART 10ÐSPECIFICATIONS, 8. Section 10.010 is revised to read as STANDARDS, AND OTHER PURCHASE follows: 2. Section 7.102 is revised to read as DESCRIPTIONS follows: 10.010 Acquiring other than new material, 5. Section 10.001 is amended by former Government surplus property, and 7.102 Policy. residual inventory. adding, in alphabetical order, the Agencies shall perform acquisition following definitions: (a) Agencies shall allow offers of other planning and conduct market surveys than new material, former Government for all acquisitions. This planning shall 10.001 Definitions. surplus property, or residual inventory integrate the efforts of all personnel * * * * * unless it is determined that such responsible for significant aspects of the Material, as used in this part, materials are unacceptable. When only acquisition. The purpose of this includes, but is not limited to, raw new material is acceptable, the planning is to ensure that the material, parts, items, components, and solicitation shall clearly identify the Government meets its needs in the most end products. material that must be new. Offerors effective, economical, and timely New, as used in this part, means providing other than new material shall manner. previously unused or composed of be required to comply with the clause 3. Section 7.103 is amended by previously unused materials and may at 52.210–5, New Material, the redesignating paragraphs (a) through (l) include unused residual inventory or provisions at 52.210–6, Listing of Other as (b) through (m) and adding new unused former Government surplus Than New Material, Residual Inventory, paragraphs (a) and (n) to read as follows: property. and Former Government Surplus 7.103 Agency-head responsibilities. Other than new, as used in this part, Property, and the clause at 52.210–7, includes, but is not limited to, recycled, Other Than New Material, Residual * * * * * recovered, remanufactured, used, and Inventory, and Former Government (a) Promoting and providing for full reconditioned. Surplus Property, as appropriate. and open competition (see part 6) or, (b) Agencies shall specify products, when full and open competition is not * * * * * Reconditioned, as used in this part, including packaging, that contain the required in accordance with part 6, for highest practicable percentage of obtaining competition to the maximum means restored to an earlier normal operating condition by readjustments recovered and environmentally extent practicable, with due regard to preferable materials, and where the nature of the supplies and services and replacement of parts. Remanufactured, as used in this part, applicable, postconsumer material, to be acquired (41 U.S.C. 253a(a)(1)). means factory rebuilt to new equipment consistent with performance * * * * * performance specification and unused requirements, availability, price (n) Ensuring that agency planners subsequent to rebuilding. reasonableness, and cost-effectiveness. specify needs and develop plans, (c) Contracting officers shall consider drawings, work statements, * * * * * 6. Section 10.002 is amended by the following when determining specifications, or other product redesignating paragraph (e) as (f) and whether other than new materials, descriptions promoting the use of adding a new (e) to read as follows: former Government surplus property, or environmentally preferable and energy- residual inventory are acceptable: efficient products and services (e.g., 10.002 Policy. (1) Safety of persons or property. promoting energy conservation and the * * * * * (2) Specification and performance use of recovered material content and (e) The Resource Conservation and requirements. the elimination or reduction of ozone- Recovery Act of 1976 (42 U.S.C. 6901, (3) Price reasonableness. depleting substances usage), and that et seq.), as amended, and Executive (4) Total cost to the Government these are considered in the evaluation Order 12873, dated October 20, 1993, (including maintenance, inspection, and award of contracts, as appropriate establish requirements for the testing, and useful life). (see part 23). procurement of products containing (d) When a contract calls for material 4. Section 7.105 is amended by recovered materials, and to be furnished at cost, the allowable revising paragraph (b)(15); and in environmentally preferable and energy- charge for former Government surplus paragraph (b)(17) by removing the efficient products and services. property shall not exceed the cost at words ‘‘energy conservation measures’’. Requiring activities shall prepare plans, which the contractor acquired the The revised text reads as follows: drawings, specifications, standards property. 9. Section 10.011 is amended by (including voluntary standards), and 7.105 Contents of written acquisition revising paragraphs (f)(1) and (g)(1) to purchase descriptions that consider the plans. read as follows: * * * * * requirements set forth in part 23. (b) * * * * * * * * 10.011 Solicitation provisions and (15) Environmental and energy 7. Section 10.004 is amended in contract clauses. conservation objectives. Discuss all paragraph (a)(1) by adding a sentence at * * * * * 28496 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations (f)(1) The contracting officer shall 12. Section 15.605 is amended by agencies must develop and implement insert the provision at 52.210–6, Listing adding paragraph (b)(1)(iv) to read as affirmative procurement programs of Other Than New Material, Residual follows: pursuant to 42 U.S.C. 6901, et seq., and Inventory, and Former Government E. O. 12873; Surplus Property, in solicitations 15.605 Evaluation factors. (b) Agency designated items containing the clause at 52.210–5. * * * * * specifying recovered material; and * * * * * (b)(1) * * * (c) Other products when preference is (g)(1) The contracting officer shall (iv) Environmental objectives, such as given to offers of products containing insert the clause at 52.210–7, Other promoting waste reduction, source recovered material. reduction, energy efficiency, and Than New Material, Residual Inventory, 23.401 Authorities. and Former Government Surplus maximum practicable recovered Property, in contracts containing the material content (see part 23), shall also (a) The statutory basis for this clause at 52.210–5. be considered in every source selection, program is the Resource Conservation when appropriate. and Recovery Act of 1976 (RCRA), as * * * * * * * * * * amended (Solid Waste Disposal Act, 42 PART 11ÐACQUISITION AND U.S.C. 6901, et seq.). With limited DISTRIBUTION OF COMMERCIAL PART 23ÐENVIRONMENT, exceptions, the statute requires agencies PRODUCTS CONSERVATION, OCCUPATIONAL responsible for drafting or reviewing SAFETY, AND DRUG-FREE specifications to ensure that they: 10. Section 11.004 is amended by WORKPLACE (1) Do not exclude the use of revising paragraph (b); and by recovered materials, redesignating paragraphs (c)(2) through 13. Section 23.201 is revised to read (2) Do not require the items to be (c)(6) as (c)(4) through (c)(8) and adding as follows: manufactured from virgin materials, and new paragraphs (c)(2) and (c)(3) to read 23.201 Authorities. (3) Do require, for EPA designated as follows: items, the use of recovered materials to (a) Energy Policy and Conservation the maximum extent practicable Act (42 U.S.C. 6361(a)(1)) and Resource 11.004 Market research and analysis. without jeopardizing the intended end Conservation and Recovery Act of 1976, * * * * * use of the item. The statute further as amended (42 U.S.C. 6901, et seq.). (b) Requirements. Agencies shall requires agencies to develop and (b) National Energy Conservation conduct market research and analysis as implement affirmative procurement Policy Act (42 U.S.C. 8253 and 8262g). needed to— programs for EPA designated items (c) Executive Order 11912, April 13, (1) Ensure full and open competition; within one year after EPA’s designation. 1976. (2) Ensure maximum practicable use (b) The statute also requires the EPA (d) Executive Order 12759, Sections 3, of recovered materials (see subpart to prepare guidelines on the availability, 9, and 10, April 17, 1991. 23.4); sources, and potential uses of recovered (e) Executive Order 12902, March 8, (3) Promote energy conservation and materials and associated items, 1994. efficiency; and including solid waste management (4) Meet the Government’s needs in a 14. Section 23.203 is revised to read services. cost-effective manner. as follows: (c) * * * (c) Executive Order 12873, dated (2) The availability of the same or 23.203 Policy. October 20, 1993, requires that the similar products that contain recovered Agencies shall consider energy- Federal Government assume leadership materials. efficiency in the procurement of in making more efficient use of natural (3) The availability of the same or products and services. Energy resources through the acquisition of similar products that are energy- conservation and efficiency data shall items made with recovered materials efficient. be considered along with estimated cost and work to increase and expand markets for recovered materials through * * * * * and other relevant factors in the preparation of plans, drawings, greater Federal Government preference PART 15ÐCONTRACTING BY specifications, and other product and demand for such items. Executive NEGOTIATION descriptions. Order 12873 also provides direction for 15. Subpart 23.4 is revised to read as agency development and 11. Section 15.601 is amended by follows: implementation of affirmative adding, in alphabetical order, the procurement programs. definition ‘‘source reduction’’ to read as Subpart 23.4ÐUse of Recovered Materials follows: Sec. 23.402 Definitions. 23.400 Scope of subpart. EPA designated item means an item 15.601 Definition. 23.401 Authorities. that is or can be made with recovered * * * * * 23.402 Definitions. materials and is listed by EPA in a Source reduction, as used in this 23.403 Policy. procurement guideline (40 CFR, chapter subpart, means any practice which (a) 23.404 Procedures. 1, subchapter I). reduces the amount of any hazardous 23.405 Solicitation provisions and contract clause. Postconsumer material means a substance, pollutant, or contaminant material or finished product that has entering any waste stream or otherwise Subpart 23.4ÐUse of Recovered served its intended use and has been released into the environment prior to Materials discarded for disposal or recovery, recycling, treatment, or disposal; and (b) having completed its life as a consumer reduces the hazards to public health and 23.400 Scope of subpart. item. Postconsumer material is a part of the environment associated with the This subpart prescribes policies and the broader category of ‘‘recovered release of such substances, pollutants, procedures for acquisition of: material.’’ or contaminants. (a) Environmental Protection Agency Recovered material means waste * * * * * (EPA) designated items for which materials and by-products which have Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations 28497 been recovered or diverted from solid (iv) Based on technical verification, and energy-efficient products and waste including postconsumer material, fail to meet performance standards in services. but such term does not include those the specifications. Technical or materials and by-products generated requirements personnel shall provide a 23.702 Authorities. from, and commonly reused within, an written determination when this (a) Resource Conservation and original manufacturing process. determination is used partially or totally Recovery Act (RCRA) (42 U.S.C. 6901, et as a basis for an exemption. This seq.). 23.403 Policy. determination shall be made on the (b) National Energy Conservation The Government’s policy is to aquire, basis of National Institute of Standards Policy Act (42 U.S.C. 8262g). (c) Pollution Prevention Act of 1990 in a cost-effective manner, items and Technology guidelines in any case composed of the highest percentage of (42 U.S.C. 13101, et seq.). in which the material is covered by (d) Executive Order 12873, October recovered materials practicable these guidelines. consistent with maintaining a 20, 1993. (4) Annual contractor certifications (e) Executive Order 12856, August 3, satisfactory level of competition without required by the clause at 52.223–9 shall 1993. adversely affecting performance be consolidated and reported in (f) Executive Order 12902, March 8, requirements or exposing suppliers’ accordance with agency procedures. 1994. employees to undue hazards from the (c) Agency designated items. Agency recovered materials. designated items specifying recovered 23.703 Definitions. 23.404 Procedures. material content shall be acquired Environmentally preferable means pursuant to agency procedures. products or services that have a lesser (a) Applicability. These procedures negative effect on human health or the apply to all agency acquisitions where 23.405 Solicitation provisions and environment when compared with the agency requires minimum contract clause. competing products or services that percentages of recovered materials. For (a) The contracting officer shall insert serve the same purpose. This EPA designated items, these procedures the provision at 52.223–4, Recovered comparison should use principles apply Material Certification, in solicitations recommended in guidance issued by (1) When the price of the item exceeds requiring the use of recovered materials. EPA (see Executive Order 12873, $10,000 or (b)(1) The contracting officer shall Section 503), and may consider raw (2) When the aggregate amount paid insert the provision at 52.223–8, materials acquisition, production, for items, or for functionally equivalent Estimate of Percentage of Recovered manufacturing, packaging, distribution, items, in the preceding fiscal year was Material for Designated Items to be Used reuse, operation, maintenance, or $10,000 or more. in the Performance of the Contract, in disposal of the product or service. (b) EPA designated items. (1) EPA has solicitations containing a requirement Recycling means the series of designated items that are or can be made for an EPA designated item. activities, including collection, with recovered materials in 40 CFR (2) The contracting officer shall use separation, and processing, by which chapter 1, subchapter I. Alternate I of the provision at 52.223– products or other materials are (2) For EPA designated items, 8 in solicitations that do not require recovered from the solid waste stream agencies shall establish an affirmative EPA designated items, but do require for use in the form or raw materials in procurement program. The agency designated items requiring the manufacture of products other than responsibilities for preparation, recovered materials. fuel for producing heat or power by implementation and monitoring of (3) The contracting officer shall use combustion. affirmative procurement programs shall Alternate II of the provision at 52.223– Waste prevention also known as be shared between technical or 8 in solicitations containing a ‘‘source reduction’’ means any change requirements personnel and requirement for both EPA designated in the design, manufacturing, purchase, procurement personnel. As a minimum, and agency designated items. or use of materials or products such programs shall include— (c) When the basic provision or (including packaging) to reduce their (i) A recovered materials preference Alternate II at 52.223–8 is used, the amount or toxicity before they become program; contracting officer shall also insert the municipal solid waste. Waste (ii) An agency promotion program; clause at 52.223–9, Certification of prevention also refers to the reuse of (iii) A program for requiring Percentage of Recovered Material products or materials. reasonable estimates, certification, and Content for EPA Designated Items Used Waste reduction means preventing or verification of recovered material used in Performance of the Contract. decreasing the amount of waste being in the performance of contracts; and 16. Subpart 23.7 is added to read as generated through waste prevention, (iv) Annual review and monitoring of follows: recycling, or purchasing recycled and the effectiveness of the program. environmentally preferable products. (3) Acquisition of EPA designated Subpart 23.7ÐContracting for items which do not meet the EPA or Environmentally Preferable and Energy- 23.704 Policy. Efficient Products and Services agency minimum recovered material (a) Agencies shall implement cost- standards shall be approved by an Sec. effective contracting preference official designated by the agency head 23.701 Applicability. programs favoring the acquisition of based on a written determination that 23.702 Authorities. environmentally preferable and energy- the items— 23.703 Definitions. 23.704 Policy. efficient products and services. (i) Are not available within a 23.705 Application to Government-owned (b) The following environmental reasonable period of time; or leased facilities. objectives shall be addressed through (ii) Are available only at unreasonable 23.706 Contract clause. the acquisition process: prices; (1) Obtaining products and services (iii) Are not available from a sufficient 23.701 Applicability. considered to be environmentally number of sources to maintain a This subpart prescribes policies for preferable (based on EPA-issued satisfactory level of competition; or obtaining environmentally preferable guidance) and energy-efficient. 28498 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations (2) Eliminating or reducing the 19. Section 36.602–1 is amended by NEW MATERIALS (MAY 1995) generation of hazardous waste and the redesignating paragraph (a)(6) as (a)(7) (a) Definitions. need for special material processing and adding a new (a)(6) to read as Material, as used in this clause, includes, (including special handling, storage, follows: but is not limited to, raw material, parts, treatment, and disposal). items, components, and end products. 36.602±1 Selection criteria. (3) Promoting the use of New, as used in this clause, means (a) * * * previously unused or composed of nonhazardous and recovered materials. previously unused materials and may (4) Realizing life-cycle cost savings. (6) Demonstrated success in prescribing the use of recovered include unused residual inventory or unused (5) Promoting cost effective waste former Government surplus property. reduction when creating plans, materials and achieving waste reduction Other than new, as used in this clause, drawings, specifications, standards, and and energy efficiency in facility design. includes, but is not limited to, recycled, other product descriptions authorizing * * * * * recovered, remanufactured, used, and material substitutions, extensions of 20. Section 36.602–3 is amended by reconditioned. revising paragraph (c) to read as follows: (b) Unless this contract specifies otherwise, shelf-life, and process improvements; the Contractor represents that the supplies, and 36.602±3 Evaluation board functions. including any residual inventory and former (6) Otherwise employing acquisition * * * * * Government surplus property identified strategies that affirmatively implement (c) Hold discussions with at least under the Other Than New Material, Residual Inventory, and Former Government the objectives in paragraph (b) of this three of the most highly qualified firms section. Surplus Property clause of this contract, are regarding concepts, the relative utility of new and are not of such age or so 23.705 Application to Government-owned alternative methods, and feasible ways deteriorated as to impair their usefulness or or leased facilities. to prescribe the use of recovered safety. Pursuant to Executive Order 12873, materials and achieve waste reduction (c) If the Contractor believes that furnishing other than new material will be in Section 701, every new contract for and energy-efficiency in facility design (see part 23). the Government’s interest, the Contractor contractor operation of a Government- shall so notify the Contracting Officer in owned or leased facility shall require * * * * * writing and request authority to use such contractor programs to promote and material. The Contractor’s notice shall implement cost-effective waste PART 42ÐCONTRACT include the reasons for the request along with reduction in performing the contract. In ADMINISTRATION a proposal for any consideration due the Government if the Contracting Officer addition, where economically feasible, 21. Section 42.302 is amended by existing contracts for contractor authorizes the use of other than new adding paragraph (a)(68) to read as material. operation of Government-owned or follows: leased facilities should be modified to (End of clause) provide for cost-effective waste 42.302 Contract administration functions. 52.210±6 Listing of Other Than New reduction in contract performance. (a) * * * Material, Residual Inventory, and Former (68) Monitor the contractor’s Government Surplus Property. 23.706 Contract clause. compliance with the requirements of As prescribed in 10.011(f), insert the The contracting officer shall insert the environmental laws including the following provision: clause at 52.223–10, Waste Reduction Resource Conservation and Recovery LISTING OF OTHER THAN NEW Program, in all solicitations and Act (RCRA) (42 U.S.C. 6901, et seq.) and MATERIAL, RESIDUAL INVENTORY, AND contracts for contractor operation of other environmental requirements as FORMER GOVERNMENT SURPLUS Government-owned or leased facilities. specified in the contract (see part 23). PROPERTY (MAY 1995) Responsibilities of the contracting PART 36ÐCONSTRUCTION AND (a) Definitions. officer shall include— Material, as used in this provision, ARCHITECT-ENGINEER CONTRACTS (i) Verification of contractor includes, but is not limited to, raw material, 17. and 18. Section 36.601–3 is compliance with specifications parts, items, components, and end products. requiring the use of environmentally New, as used in this provision, means amended by redesignating paragraphs previously unused or composed of (a) through (c) as (b) through (d) and preferable and energy-efficient materials and the use of materials or delivery of previously unused materials and may adding a new paragraph (a) to read as include unused residual inventory or unused follows: end items with the specified recovered former Government surplus property. material content. This shall occur as Other than new, as used in this provision, 36.601±3 Applicable contracting part of the quality assurance procedures includes, but is not limited to, recycled, procedures. set forth in part 46. recovered, remanufactured, used, and (a) Prior to announcing a requirement (ii) As required in the contract, reconditioned. for architect-engineering services for the ensuring that the contractor complies (b) If the offeror proposes to furnish other design of a facility, the contracting with the reporting requirements relating than new material, residual inventory resulting from terminated Government officer shall ask the technical official to recovered material content utilized in contract performance. contracts, or former Government surplus responsible for the facility being property, the offeror shall provide the designed to specifically identify any * * * * * following information as an attachment to the areas where recovered materials cannot offer: be used in the facility construction. In PART 52ÐSOLICITATION PROVISIONS (1) A complete description of the materials. those areas where recovered materials AND CONTRACT CLAUSES (2) Quantity. may be used, the architect-engineer (3) Name of Government agency from 22. Sections 52.210–5, 52.210–6, and which acquired. shall specify use of the maximum 52.210–7 are revised to read as follows: practicable amount of recovered (4) Date of acquisition, if applicable. No other than new material, residual 52.210±5 New Material. materials in the construction design inventory or former Government surplus specifications consistent with 10.010(b). As prescribed in 10.011(e), insert the property other than that listed on the * * * * * following clause: attachment shall be furnished under the Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations 28499 resulting contract unless authorized in used in the products and services to be 52.223±9 Certification of Percentage of writing by the Contracting Officer. provided under the terms and specifications Recovered Material Content for EPA (c) All material to be furnished under the set forth in this solicitation shall be as Designated Items Used in Performance of resultant contract must comply with the follows: the Contract. terms and specifications contained in the As prescribed in 23.405(c), insert the contract. Estimated percentage following clause: (End of provision) Item of recovered mate- rial±* CERTIFICATION OF PERCENTAGE OF 52.210±7 Other Than New Material, RECOVERED MATERIAL CONTENT FOR Residual Inventory, and Former lllllllll lllllllll EPA DESIGNATED ITEMS USED IN Government Surplus Property. lllllllll lllllllll PERFORMANCE OF THE CONTRACT (MAY As prescribed in 10.011(g), insert the 1995) * In addition, for paper products, include the following clause: (a) As required under Section 6962 of the percentage of postconsumer material. Solid Waste Disposal Act, an officer or OTHER THAN NEW MATERIAL, RESIDUAL employee of the Contractor shall execute the INVENTORY, AND FORMER GOVERNMENT (b) Prospective offerors are cautioned that the Government will conclude that the following certification annually as required SURPLUS PROPERTY (MAY 1995) in paragraph (b) of this clause: percentage(s) of recovered materials to be (a) Definitions. CERTIFICATION Material, as used in this clause, includes, used in products and services to be provided llllll but is not limited to, raw material, parts, under any resulting contract shall be ‘‘0%’’ I, (name of certifier), am an items, components, and end products. if the estimate(s) requested in this solicitation officer or employee responsible for the New, as used in this clause, means provision are left blank. performance of this contract and hereby previously unused or composed of (c) Prospective offerors are further certify that the following minimum recovered previously unused materials and may cautioned that estimated percentage(s) of material content for EPA Designated Items include unused residual inventory or unused recovered materials to be used in products was actually used in the performance of this former Government surplus property. and services to be provided under any contract during the preceding Government lll Other than new, as used in this clause, resulting contract that are less than the fiscal year (October 1-September 30, ): includes, but is not limited to, recycled, requirements set forth in this solicitation may recovered, remanufactured, used, and render a prospective offeror’s offer Percentage of recovered ma- Total dollar reconditioned. nonresponsive. Item amount of (b) The Contractor shall not furnish any terial content item used (End of provision) utilized* other than new material, residual inventory Alternate I (MAY 1955). As prescribed in resulting from terminated Government lllll lllll $lllll contracts, or former Government surplus 23.405(b)(2), used the basic provision and replace the words ‘‘EPA Designated Items’’ lllll lllll $lllll property, unless such materials were listed in lllll lllll $lllll the applicable attachment to the offer and with ‘‘Agency Designated Items’’ in approved by the Contracting Officer or unless paragraph (a) of the basic provision. *In addition, for paper products, include the otherwise authorized in writing by the Alternate II (MAY 1995). As prescribed in percentage of postconsumer material content Contracting Officer. 23.405(b)(3), substitute the following utilized. (c) All materials furnished under this paragraph (a) for paragraph (a) of the basic lllllllllllllllllllll contract shall comply with the terms and provision: Signature of the Officer or Employee specifications contained in the contract. (a) By signing this offer, the offeror— lllllllllllllllllllll (End of clause) (1) Estimates that the total percentage(s) of Typed Name of the Officer or Employee recovered material for EPA Designated Items 23. Section 52.223–4 is revised to read lllllllllllllllllllll to be used in the products and services to be Title as follows: provided under the terms and specifications lllllllllllllllllllll 52.223±4 Recovered Material Certification. set forth in this solicitation shall be as Name of Company, Firm, or Organization follows: lllllllllllllllllllll As prescribed in 23.405(a), insert the following provision: Date Estimated percentage (End of certification) RECOVERED MATERIAL CERTIFICATION Item of recovered material* (MAY 1995) (b) The Contractor shall submit this lllllllll lllllllll certification annually to llll * llll The offeror certifies, by signing this offer, lllllllll lllllllll by November 1, for the previous Government that recovered materials, as defined in FAR fiscal year (October 1 through September 30). 23.402, will be used as required by the *In addition, for paper products, include the *To be completed in accordance with applicable purchase descriptions. percentage of postconsumer material. agency procedures. (End of provision) (2) Estimates that the total percentage(s) of (End of clause) 24. Sections 52.223–8 through recovered material for Agency Designated 52.223–10 are added to read as follows: Items to be used in the products and services 52.223±10 Waste Reduction Program. 52.223±8 Estimate of Percentage of to be provided under the terms and As prescribed in 23.706, insert the Recovered Material for Designated Items To specifications set forth in this solicitation following clause: be Used in the Performance of the Contract. shall be as follows: WASTE REDUCTION PROGRAM (MAY As prescribed in 23.405(b)(1), insert Percentage 1995) the following provision: Total dollar Item of recoverd amount of of (a) Definition. Waste reduction, as used in ESTIMATE OF PERCENTAGE OF material con- tent utilized* item used this clause, means preventing or decreasing RECOVERED MATERIAL FOR DESIGNATED the amount of waste being generated through ITEMS TO BE USED IN THE lllll lllll lllll waste prevention, recycling, or purchasing PERFORMANCE OF THE CONTRACT (MAY $ lllll lllll lllll recycled and environmentally preferable 1995) $ lllll lllll $lllll products. (a) By signing this offer, the offeror (b) Consistent with the requirements of estimates that the total percentage(s) of *In addition, for paper products, include the Section 701 of Executive Order 12873, the recovered material for EPA Designated Items percentage of postconsumer material content Contractor shall establish a program to (see 40 CFR, Chapter 1, Subchapter I) to be utilized. promote cost-effective waste reduction in all 28500 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations operations and facilities covered by this SUPPLEMENTARY INFORMATION: will be considered in accordance with 5 contract. Any such program shall comply A. Background U.S.C. 610. Such comments must be with applicable Federal, state, and local submitted separately and cite 5 U.S.C. requirements. The Environmental Protection Agency 601, et seq. (FAC 90–27, FAR Case 93– (End of clause) (EPA) promulgated 40 CFR Part 82, 307), in correspondence. [FR Doc. 95–13256 Filed 5–30–95; 8:45 am] Subpart D (rule) to satisfy EPA’s BILLING CODE 6820±EPD±M obligation under Section 613, Title VI of C. Paperwork Reduction Act the Clean Air Act Amendments of 1990. The EPA rule requires each department, The Paperwork Reduction Act does agency, and instrumentality of the not apply because the changes to the DEPARTMENT OF DEFENSE United States to conform its FAR do not impose recordkeeping or procurement regulations to the policies information collection requirements, or GENERAL SERVICES and requirements of Title VI of the collection of information from offerors, ADMINISTRATION Clean Air Act and to maximize the contractors, or members of the public substitution of safe alternatives for which require the approval of OMB NATIONAL AERONAUTICS AND ozone-depleting substances as identified under 44 U.S.C. 3501, et seq. SPACE ADMINISTRATION under Section 612 of the Act. The EPA D. Determination To Issue an Interim rule also requires each department, Rule 48 CFR Parts 23 and 52 agency, and instrumentality of the United States to certify to OMB, within A determination has been made under [FAC 90±27, FAR Case 93±307, Item III] twelve months of the final publication the authority of the Secretary of Defense of the rule, that its procurement (DOD), the Administrator of General RIN 9000±AG42 regulations have been modified in Services (GSA), and the Administrator Federal Acquisition Regulation; Ozone accordance with the rule. The EPA rule of the National Aeronautics and Space Executive Order complements Executive Order 12843, Administration (NASA) that compelling Procurement Requirements and Policies reasons exist to promulgate this interim AGENCIES: Department of Defense (DOD), for Federal Agencies for Ozone- rule without prior opportunity for General Services Administration (GSA), Depleting Substances (58 FR 21881, public comment. This action is and National Aeronautics and Space April 23, 1993). Both the Executive necessary because this rule implements Administration (NASA). Order and the EPA rule require that new Executive Order 12843, which required ACTION: Interim rule with request for contracts provide that any acquired FAR revisions by October 18, 1993, and comment. products containing or manufactured 42 CFR Part 82, which required agency with class I or class II ozone-depleting acquisition regulation revisions by SUMMARY: The Civilian Agency substances, or containers of class I or October 24, 1994. Further, 42 CFR 82.84 Acquisition Council and the Defense class II ozone-depleting substances, be states that, for agencies subject to the Acquisition Regulations Council have labeled in accordance with Section 611 FAR (48 CFR Chapter 1), amendment of agreed to an interim rule which amends of the 1990 amendments to the Clean the FAR consistent with 42 CFR 82.84 the Federal Acquisition Regulation Air Act. shall satisfy, for those agencies, the (FAR) to provide policy for the This interim FAR rule implements the requirement of 42 CFR 82.84 to revise acquisition of items that contain, use, or requirements of Executive Order 12843 agency acquisition regulations. are manufactured with ozone-depleting and 40 CFR Part 82. The rule contains However, pursuant to Public Law 98– substances. This regulatory action was two clauses; one clause requires 577 and FAR 1.501, public comments not subject to Office of Management and contractors to label products containing received in response to this interim rule Budget review under Executive Order ozone-depleting substances, and the will be considered in the formation of 12866, dated September 30, 1993. other clause requires contractors to a final rule. DATES: Effective Date: May 31, 1995. comply with Sections 608 and 609 of the Clean Air Act (42 U.S.C. 7671g and List of Subjects in 48 CFR Parts 23 and Comment Date: Comments should be 52 submitted to the FAR Secretariat at the 7671h) as each or both apply to the address shown below on or before July contract. 42 U.S.C. 7671g addresses a Government procurement. national recycling and emission 31, 1995 to be considered in the Dated: May 24, 1995. formulation of a final rule. reduction program, and 42 U.S.C. 7671h addresses servicing of motor vehicle air C. Allen Olson, ADDRESSES: Interested parties should conditioners. Director, Office of Federal Acquisition Policy. submit written comments to: General Services Administration, FAR B. Regulatory Flexibility Act Therefore, 48 CFR Parts 23 and 52 are Secretariat (VRS), 18th & F Streets, NW., This interim rule is not expected to amended as set forth below: Room 4035, Attn: Ms. Beverly Fayson, have a significant economic impact on 1. The authority citation for 48 CFR Washington, DC 20405. a substantial number of small entities Parts 23 and 52 continues to read as Please cite FAC 90–27, FAR case 93– within the meaning of the Regulatory follows: 307 in all correspondence related to this Flexibility Act, 5 U.S.C. 601, et seq., Authority: 40 U.S.C. 486(c); 10 U.S.C. case. because the Clean Air Act requirements chapter 137; and 42 U.S.C. 2473(c). FOR FURTHER INFORMATION CONTACT: Mr. are already applicable to companies in Ralph DeStefano at (202) 501–1758 in industries supplying goods and services PART 23ÐENVIRONMENT, reference to this FAR case. For general made with or containing ozone- CONSERVATION, OCCUPATIONAL information, contact the FAR depleting substances. An Initial SAFETY, AND DRUG-FREE Secretariat, Room 4037, GS Building, Regulatory Flexibility Analysis has, WORKPLACE Washington, DC 20405 (202) 501–4755. therefore, not been performed. Please cite FAC 90–27, FAR case 93– Comments from small entities 2. Subpart 23.8 is added to read as 307. concerning the affected FAR subpart follows: Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations 28501 Subpart 23.8ÐOzone-Depleting Substances Depleting Substances, in solicitations DEPARTMENT OF DEFENSE Sec. and contracts for supplies containing or 23.800 Scope of subpart. manufactured with class I or class II GENERAL SERVICES 23.801 Authorities. ozone-depleting substances or ADMINISTRATION 23.802 Definitions. containers of class I or class II ozone- 23.803 Policy. depleting substances. NATIONAL AERONAUTICS AND 23.804 Contract clauses. (b) The contracting officer shall insert SPACE ADMINISTRATION 23.800 Scope of subpart. the clause at 52.223–12, Refrigeration This subpart sets forth policies and Equipment and Air Conditioners, in 48 CFR Part 25 and 52 solicitations and contracts for services procedures for the acquisition of items [FAC 90±27, FAR Case 95±601, Item IV] which contain, use, or are manufactured when the contract includes the with ozone-depleting substances. This maintenance, repair, or disposal of any RIN 9000±AG43 subpart does not apply to contracts equipment or appliance using class I or performed outside the United States, its class II ozone-depleting substances as a Federal Acquisition Regulation; possessions, and Puerto Rico. refrigerant, such as air conditioners, Addition of Three New European including motor vehicle, refrigerators, Community Countries 23.801 Authorities. chillers, or freezers. AGENCIES: Department of Defense (DOD), (a) Title VI of the Clean Air Act (42 General Services Administration (GSA), U.S.C. 7671, et seq.). PART 52ÐSOLICITATION PROVISIONS (b) Executive Order 12843, April 21, AND CONTRACT CLAUSES and National Aeronautics and Space 1993. Administration (NASA). (c) Environmental Protection Agency 3. and 4. Section 52.223–11 and ACTION: Final rule. (EPA) regulations, Protection of 52.223–12 are added to read as follows: SUMMARY: The Civilian Agency Stratospheric Ozone (40 CFR part 82). 52.223±11 Ozone-Depleting Substances. Acquisition Council and the Defense 23.802 Definitions. As prescribed in 23.804(a), insert the Acquisition Regulations Council have Class I substance means any following clause: agreed to a final rule to add Austria, substance designated as class I by EPA OZONE-DEPLETING SUBSTANCES (MAY Finland, and Sweden to the FAR (40 CFR part 82), including but not 1995) definition of ‘‘European Community (EC) Country’’ and to the definition of limited to chlorofluorocarbons, halons, (a) Definitions. carbon tetrachloride, and methyl Class I substance, as used in this clause, ‘‘sanctioned member state of the EC’’. chloroform. means any substance designated as class I by The United States Trade Representative Class II substance means any the Environmental Protection Agency (EPA) has requested this action be taken as substance designated as class II by EPA (40 CFR Part 82), including but not limited soon as possible because these countries (40 CFR part 82), including but not to chlorofluorocarbons, halons, carbon have joined the EC on January 1, 1995. limited to hydrochlorofluorocarbons. tetrachloride, and methyl chloroform. This regulatory action was not subject to Class II substance, as used in this clause, Office of Management and Budget 23.803 Policy. means any substance designated as class II by review under Executive Order 12866, (a) It is the policy of the Federal EPA (40 CFR Part 82), including but not dated September 30, 1993. limited to hydrochlorofluorocarbons. Government that Federal agencies: (b) As required by 42 U.S.C. 7671j (b), (c), DATES: Effective Date: May 31, 1995. (1) Implement cost-effective programs and (d) and 40 CFR Part 82, Subpart E, the FOR FURTHER INFORMATION CONTACT: Mr. to minimize the procurement of Contractor shall label products which Edward McAndrew at (202) 501–1474 in materials and substances that contribute contain a class I or class II ozone-depleting reference to this FAR case. For general to the depletion of stratospheric ozone; substance or are manufactured with a process information, contact the FAR that uses class I or class II ozone-depleting and Secretariat, Room 4037, GS Building, (2) Give preference to the substances, or containers of class I or class Washington, DC 20405 (202) 501–4755. procurement of alternative chemicals, II ozone-depleting substances, as follows: Please cite FAC 90–27, FAR case 95– products, and manufacturing processes ‘‘WARNING: Contains (or manufactured llll llll 601. that reduce overall risks to human with, if applicable) * , a substance(s) which harm(s) public health and SUPPLEMENTARY INFORMATION: health and the environment by environment by destroying ozone in the lessening the depletion of ozone in the upper atmosphere.’’ A. Background upper atmosphere. *The Contractor shall insert the name of the (b) In preparing specifications and substance(s). By letter, dated December 21, 1994, purchase descriptions, and in the (End of clause) the General Counsel, United States acquisition of supplies and services, Trade Representative Office, requested agencies shall ensure that acquisitions: 52.223±12 Refrigeration Equipment and that three countries, Austria, Finland (1) Comply with the requirements of Air Conditioners. and Sweden, be added to sections Title VI of the Clean Air Act, Executive As prescribed in 23.804(b), insert the 25.401 and 25.1001 because these Order 12843, and 40 CFR 82.84(a) (2), following clause: countries became members of the European Union on January 1, 1995. (3), (4), and (5); and REFRIGERATION EQUIPMENT AND AIR (2) Substitute safe alternatives to CONDITIONERS (MAY 1995) The General Counsel requested these ozone-depleting substances, as changes as quickly as possible after the The Contractor shall comply with the new year. identified under 42 U.S.C. 7671k, to the applicable requirements of Sections 608 and maximum extent practicable, as 609 of the Clean Air Act (42 U.S.C. 7671g and B. Regulatory Flexibility Act provided in 40 CFR 82.84(a)(1). 7671h) as each or both apply to this contract. This final rule is not expected to have (End of clause) 23.804 Contract clauses. a significant economic impact on a (a) The contracting officer shall insert [FR Doc. 95–13256 Filed 5–30–95; 8:45 am] substantial number of small entities the clause at 52.223–11, Ozone- BILLING CODE 6820±EPD±M within the meaning of the Regulatory 28502 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations Flexibility Act, 5 U.S.C. 601, et seq., PART 52ÐSOLICITATION PROVISIONS Germany that had been imposed in May because it merely adds three countries AND CONTRACT CLAUSES 1993. This regulatory action was not to the definition of European country in subject to Office of Management and section 25.401 and the same three 52.225±15 [Amended] Budget review under Executive Order countries are added to the definition of 4. Section 52.225–15 is amended by 12866, dated September 30, 1993. revising the date in the clause heading sanctioned member state of the EC. This EFFECTIVE DATE: May 31, 1995. is mostly a ministerial rule. An Initial to read ‘‘(MAY 1995)’’; and in the Regulatory Flexibility Analysis has, definition of ‘‘EC country’’ by adding in FOR FURTHER INFORMATION CONTACT: Mr. therefore, not been performed. alphabetical order the countries Peter O’Such at (202) 501–1759 in Comments from small entities ‘‘Austria’’, ‘‘Finland’’, and ‘‘Sweden’’. reference to this FAR case. For general information, contact the FAR concerning the affected FAR subpart 52.225±17 [Amended] will be considered in accordance with 5 Secretariat, Room 4037, GS Building, U.S.C. 610. Such comments must be 5. Section 52.225–17 is amended by Washington, DC 20405 (202) 501–4755. submitted separately and cite 5 U.S.C. revising the date in the clause heading Please cite FAC 90–27, FAR case 94–5. to read ‘‘(MAY 1995)’’; and in the 601, et seq. (FAC 90–27, FAR Case 95– SUPPLEMENTARY INFORMATION: 601), in correspondence. definition of ‘‘European Community country’’ by adding in alphabetical A. Background C. Paperwork Reduction Act order the countries ‘‘Austria’’, A U.S. Trade Representative ‘‘Finland’’, and ‘‘Sweden’’. The Paperwork Reduction Act does determination, published in the Federal not apply because the changes to the 52.225±18 [Amended] Register at 59 FR 11360, March 10, FAR do not impose recordkeeping or 6. Section 52.225–18 is amended by 1994, terminated the sanctions that had information collection requirements, or revising the date in the clause heading been imposed on the Federal Republic collection of information from offerors, to read ‘‘(MAY 1995)’’; and in the of Germany, published at 58 FR 31136, contractors, or members of the public definition of ‘‘Sanctioned member state May 28, 1993, on the basis of assurance which require the approval of OMB of the EC’’ by adding in alphabetical from Germany that it would not apply under 44 U.S.C. 3501, et seq. order the countries ‘‘Austria’’, the discriminatory provisions of the List of Subjects in 48 CFR Parts 25 and ‘‘Finland’’, and ‘‘Sweden’’. Utilities Directive of the European 52 Union to procurement of U.S. goods by 52.225±19 [Amended] its telecommunications utilities. Government procurement. 7. Section 52.225–19 is amended by B. Regulatory Flexibility Act Dated: May 24, 1995. revising the date in the clause heading C. Allen Olson, to read ‘‘(MAY 1995)’’; and in the The final rule does not constitute a Director, Office of Federal Acquisition Policy. definition of ‘‘Sanctioned member state significant FAR revision within the Therefore, 48 CFR parts 25 and 52 are of the European Community (EC’’ by meaning of FAR 1.501 and Public Law amended as set forth below: adding in alphabetical order the 98–577, and publication for public 1. The authority citation for 48 CFR countries ‘‘Austria’’, ‘‘Finland’’, and comments is not required. Therefore, parts 25 and 52 continues to read as ‘‘Sweden’’. the Regulatory Flexibility Act does not follows: [FR Doc. 95–13258 Filed 5–30–95; 8:45 am] apply. However, comments from small entities concerning the affected subpart Authority: 40 U.S.C. 486(c); 10 U.S.C. BILLING CODE 6820±EPD±M chapter 137; and 42 U.S.C. 2473(c). will be considered in accordance with 5 U.S.C. 610. Such comments must be submitted separately and cite 5 U.S.C. PART 25ÐFOREIGN ACQUISITION DEPARTMENT OF DEFENSE 601, et seq. (FAC 90–27, FAR case 94– 2. Section 25.401 is amended by 5), in correspondence. revising the definition ‘‘EC country’’ to GENERAL SERVICES read as follows: ADMINISTRATION C. Paperwork Reduction Act The Paperwork Reduction Act does 25.401 Definitions. NATIONAL AERONAUTICS AND not apply because the changes to the * * * * * SPACE ADMINISTRATION EC country, as used in this subpart, FAR do not impose recordkeeping or information collection requirements, or means Austria, Belgium, Denmark, 48 CFR Parts 25 and 52 Federal Republic of Germany, Finland, collections of information from offerors, France, Greece, Ireland, Italy, [FAC 90±27; FAR Case 94±5; Item V] contractors, or members of the public Luxembourg, the Netherlands, Portugal, which require the approval of the Office Federal Acquisition Regulation; Trade of Management and Budget under 44 Spain, Sweden, and the United SanctionsÐGermany Kingdom. U.S.C. 3501, et seq. * * * * * AGENCIES: Department of Defense (DOD), List of Subjects in 48 CFR Parts 25 and 3. Section 25.1001 is amended by General Services Administration (GSA), 52 revising the definition ‘‘Sanctioned and National Aeronautics and Space member state of the EC’’ to read as Administration (NASA). Government procurement. follows: ACTION: Final rule. Dated: May 24, 1995. C. Allen Olson, 25.1001 Definitions. SUMMARY: The Civilian Agency Director, Office of Federal Acquisition Policy. * * * * * Acquisition Council and the Defense Sanctioned member state of the EC Acquisition Regulations Council have Therefore, 48 CFR Parts 25 and 52 are means Austria, Belgium, Denmark, agreed on a final rule to amend the amended as set forth below: Finland, France, Ireland, Italy, Federal Acquisition Regulation (FAR) to 1. The authority citation for 48 CFR Luxembourg, the Netherlands, Sweden, reflect the termination of the trade Parts 25 and 52 continues to read as and the United Kingdom. sanctions on the Federal Republic of follows: Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations 28503 Authority: 40 U.S.C. 486(c); 10 U.S.C. Comment Date: Comments should be D. Determination To Issue an Interim chapter 137; and 42 U.S.C. 2473(c). submitted to the FAR Secretariat at the Rule address shown below on or before July PART 25ÐFOREIGN ACQUISITION A determination has been made under 31, 1995 to be considered in the the authority of the Secretary of Defense 25.1001 [Amended] formulation of a final rule. (DOD), the Administrator of General 2. Section 25.1001 is amended in the ADDRESSES: Interested parties should Services (GSA), and the Administrator definition of ‘‘Sanctioned member state submit written comments to: General of the National Aeronautics and Space of the EC’’ by removing ‘‘Federal Services Administration, FAR Administration (NASA) that compelling reasons exist to promulgate this interim Republic of Germany,’’. Secretariat (VRS), 18th & F Streets, NW, rule without prior opportunity for Room 4035, Attn: Ms. Beverly Fayson, PART 52ÐSOLICITATION PROVISIONS public comment. This action is AND CONTRACT CLAUSES Washington, DC 20405. necessary to provide an immediate Please cite FAC 90–27, FAR case 94– benefit to Government and Industry. 52.225±18 [Amended] 9 in all correspondence related to this The rule will permit interdivisional 3. Section 52.225–18 is amended by case. transfers at price rather than cost for removing ‘‘Federal Republic of commercial items, under criteria FOR FURTHER INFORMATION CONTACT: Mr. Germany,’’ from the definition identical to those used in applying the ‘‘Sanctioned member state of the EC’’. Jeremy Olson at (202) 501–3221 in exception provisions of the Truth in reference to this FAR case. For general Negotiations Act to subcontracts. 52.225±19 [Amended] information, contact the FAR 4. Section 52.225–19 is amended by However, pursuant to Public Law 98– Secretariat, Room 4037, GS Building, 577 and FAR 1.501, public comments removing ‘‘Federal Republic of Washington, DC 20405 (202) 501–4755. Germany,’’ from the definition received in response to this interim rule Please cite FAC 90–27, FAR case 94–9. will be considered in the formation of ‘‘Sanctioned member state of the the final rule. European Community (EC)’’. SUPPLEMENTARY INFORMATION: [FR Doc. 95–13259 Filed 5–30–95; 8:45 am] A. Background List of Subjects in 48 CFR Part 31 BILLING CODE 6820±EPD±M Government procurement. This interim FAR rule revises FAR C. Allen Olson, 31.205–26, Material Costs, to make it Director, Office of Federal Acquisition Policy. DEPARTMENT OF DEFENSE clear that interdivisional transfers made Therefore, 48 CFR part 31 is amended at price should be treated in the same as set forth below: GENERAL SERVICES manner as subcontracts for purposes of ADMINISTRATION applying the requirements of FAR PART 31ÐCONTRACT COST 15.804–3. PRINCIPLES AND PROCEDURES NATIONAL AERONAUTICS AND B. Regulatory Flexibility Act 1. The authority citation for 48 CFR SPACE ADMINISTRATION part 31 continues to read as follows: This interim rule is not expected to Authority: 40 U.S.C. 486(c); 10 U.S.C. 48 CFR Part 31 have a significant economic impact on chapter 137; and 42 U.S.C. 2473(c). [FAC 90±27; FAR Case 94±9; Item VI] a substantial number of small entities within the meaning of the Regulatory 2. Section 31.205–26 is amended by RIN 9000±AC14 Flexibility Act, 5 U.S.C. 601, et seq., revising paragraph (e) to read as follows: because most contracts awarded to Federal Acquisition Regulation; 31.205±26 Material costs. small entities are awarded on a Interdivisional Transfers * * * * * competitive, fixed-price basis and the (e) Allowance for all materials, AGENCIES: Department of Defense (DOD), cost principles do not apply. The cost supplies, and services that are sold or General Services Administration (GSA), principles only apply to contracts for transferred between any divisions, and National Aeronautics and Space which cost or pricing data has been subsidiaries, or affiliates of the Administration (NASA). submitted. An Initial Regulatory contractor under a common control ACTION: Interim rule with request for Flexibility Analysis has, therefore, not shall be on the basis of cost incurred in comment. been performed. Comments from small accordance with this subpart. However, entities concerning the affected FAR allowance may be at a price when it is SUMMARY: The Civilian Agency subpart will be considered in the established practice of the Acquisition Council and the Defense accordance with 5 U.S.C. 610 of the Act. transferring organization to price Acquisition Regulations Council have Such comments must be submitted interorganizational transfers at other agreed to an interim rule amending the separately and should cite 5 U.S.C. 601, than cost for commercial work of the Federal Acquisition Regulation (FAR). contractor or any division, subsidiary, The cost principle criteria for cost of et seq. (FAC 90–27, FAR case 94–9), in correspondence. or affiliate of the contractor under a interdivisional transfers are amended to common control, and when— permit interdivisional transfers at price C. Paperwork Reduction Act (1)(i) The price is based on an rather than cost under criteria that more ‘‘established catalog or market price of closely approximate those applied to The Paperwork Reduction Act does commercial items sold in substantial subcontracts eligible for exemption or not apply because the changes to the quantities to the general public’’ in waiver of cost or pricing data. FAR do not impose recordkeeping or accordance with 15.804–3; This regulatory action was not subject information collection requirements, or (ii) The price is based on ‘‘adequate to Office of Management and Budget collection of information from offerors, price competition’’ in accordance with review under Executive Order 12866, contractors, or members of the public 15.804–3; or dated September 30, 1993. which require the approval of OMB (iii) A waiver is granted in accordance DATES: Effective Date: May 31, 1995. under 44 U.S.C. 3501, et seq. with 15.804–3(i); and 28504 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations (2) The contracting officer has not determined the price to be unreasonable. * * * * * [FR Doc. 95–13260 Filed 5–30–95; 8:45 am] BILLING CODE 6820±EPD±M federal register May 31,1995 Wednesday Veterans' Illnesses Advisory CommitteeonGulfWar Executive Order12961ÐPresidential The President Part IX 28505 28507 Federal Register Presidential Documents Vol. 60, No. 104 Wednesday, May 31, 1995 Title 3— Executive Order 12961 of May 26, 1995 The President Presidential Advisory Committee on Gulf War Veterans’ Illnesses By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Establishment. (a) There is hereby established the Presidential Advisory Committee on Gulf War Veterans’ Illnesses (the ‘‘Committee’’). The Committee shall be composed of not more than 12 members to be appointed by the President. The members of the Committee shall have expertise relevant to the functions of the Committee and shall not be full- time officials or employees of the executive branch of the Federal Govern- ment. The Committee shall be subject to the Federal Advisory Committee Act, as amended, 5 U.S.C. App. 2. (b) The President shall designate a Chairperson from among the members of the Committee. Sec. 2. Functions. (a) The Committee shall report to the President through the Secretary of Defense, the Secretary of Veterans Affairs, and the Secretary of Health and Human Services. (b) The Committee shall provide advice and recommendations based on its review of the following matters: (1) Research: epidemiological, clinical, and other research concerning Gulf War veterans’ illnesses. (2) Coordinating Efforts: the activities of the Persian Gulf Veterans Coordi- nating Board, including the Research Coordinating Council, the Clinical Working Group, and the Disability and Compensation Working Group. (3) Medical Treatment: medical examinations and treatment in connection with Gulf War veterans’ illnesses, including the Comprehensive Clinical Evaluation Program and the Persian Gulf Registry Medical Examination Pro- gram. (4) Outreach: government-sponsored outreach efforts such as hotlines and newsletters related to Gulf War veterans’ illnesses. (5) External Reviews: the steps taken to implement recommendations in external reviews by the Institute of Medicine’s Committee to Review the Health Consequences of Service During the Persian Gulf War, the Defense Science Board Task Force on Persian Gulf War Health Effects, the National Institutes of Health Technology Assessment Workshop on the Persian Gulf Experience and Health, the Persian Gulf Expert Scientific Committee, and other bodies. (6) Risk Factors: the possible risks associated with service in the Persian Gulf Conflict in general and, specifically, with prophylactic drugs and vac- cines, infectious diseases, environmental chemicals, radiation and toxic sub- stances, smoke from oil well fires, depleted uranium, physical and psycho- logical stress, and other factors applicable to the Persian Gulf Conflict. (7) Chemical and Biological Weapons: information related to reports of the possible detection of chemical or biological weapons during the Persian Gulf Conflict. (c) It shall not be a function of the Committee to conduct scientific research. The Committee shall review information and provide advice and 28508 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Presidential Documents recommendations on the activities undertaken related to the matters de- scribed in (b) above. (d) It shall not be a function of the Committee to provide advice or recommendations on any legal liability of the Federal Government for any claims or potential claims against the Federal Government. (e) As used herein, ‘‘Gulf War Veterans’ Illnesses’’ means the symptoms and illnesses reported by United States uniformed services personnel who served in the Persian Gulf Conflict. (f) The Committee shall submit an interim report within 6 months of the first meeting of the Committee and a final report by December 31, 1996, unless otherwise provided by the President. Sec. 3. Administration. (a) The heads of executive departments and agencies shall, to the extent permitted by law, provide the Committee with such information as it may require for purposes of carrying out its functions. (b) Members of the Committee shall be compensated in accordance with Federal law. Committee members may be allowed travel expenses, including per diem in lieu of subsistence, to the extent permitted by law for persons serving intermittently in the Government service (5 U.S.C. 5701–5707). (c) To the extent permitted by law, and subject to the availability of appropriations, the Department of Defense shall provide the Committee with such funds as may be necessary for the performance of its functions. Sec. 4. General Provisions. (a) Notwithstanding the provisions of any other Executive order, the functions of the President under the Federal Advisory Committee Act that are applicable to the Committee, except that of reporting annually to the Congress, shall be performed by the Secretary of Defense, in accordance with the guidelines and procedures established by the Admin- istrator of General Services. (b) The Committee shall terminate 30 days after submitting its final report. (c) This order is intended only to improve the internal management of the executive branch and it is not intended to create any right, benefit or trust responsibility, substantive or procedural, enforceable at law or equity by a party against the United States, its agencies, its officers, or any person. œ– THE WHITE HOUSE, May 26, 1995. [FR Doc. 95–13484 Filed 5–30–95; 10:36 am] Billing code 3195–01–P i Reader Aids Federal Register Vol. 60, No. 104 Wednesday, May 31, 1995 INFORMATION AND ASSISTANCE CFR PARTS AFFECTED DURING MAY Federal Register At the end of each month, the Office of the Federal Register Index, finding aids & general information 202±523±5227 publishes separately a List of CFR Sections Affected (LSA), which Public inspection announcement line 523±5215 lists parts and sections affected by documents published since the Corrections to published documents 523±5237 revision date of each title. Document drafting information 523±3187 Machine readable documents 523±4534 3 CFR 5 CFR Proclamations: Ch. XXI ...... 22249 Code of Federal Regulations 6763 (Modified by 185...... 22249 Index, finding aids & general information 523±5227 6804) ...... 27657 532...... 22455, 26341 Printing schedules 523±3419 6767 (Modified by 630...... 22455, 26977 6804) ...... 27657 890 ...... 21590, 26667, 28019 Laws 6778...... 25266 1603...... 24535 Public Laws Update Service (numbers, dates, etc.) 523±6641 6792...... 21423 Proposed Rules: Additional information 523±5230 6793...... 21696 591...... 25150 6794...... 21971 870...... 21759 Presidential Documents 6795...... 22247 871...... 21759 Executive orders and proclamations 523±5230 6796...... 22453 872...... 21759 Public Papers of the Presidents 523±5230 6797...... 25839 873...... 21759 Weekly Compilation of Presidential Documents 523±5230 6798...... 25841 874...... 21759 6799...... 26337 1601...... 27908 The United States Government Manual 6800...... 26339 6801...... 26975 7 CFR General information 523±5230 6802...... 27219 6...... 21425 Other Services 6803...... 27399 28...... 21033 Data base and machine readable specifications 523±4534 6804...... 27657 52...... 26823 Guide to Record Retention Requirements 523±3187 6805...... 27865 75...... 21034 Legal staff 523±4534 Executive Orders: 110...... 25119 Privacy Act Compilation 523±3187 12473 (See E.O. 300...... 27665 Public Laws Update Service (PLUS) 523±6641 12960) ...... 26647 319...... 27665 TDD for the hearing impaired 523±5229 12484 (See E.O. 354...... 24535 12960) ...... 26647 400...... 21035 12550 (See E.O. 404...... 26669 ELECTRONIC BULLETIN BOARD 12960) ...... 26647 457...... 25601 Free Electronic Bulletin Board service for Public Law 12586 (See E.O. 704...... 22456 numbers, Federal Register finding aids, and list of 12960) ...... 26647 723...... 22458, 27867 documents on public inspection. 202±275±0920 12613 (Revoked in 911...... 24537 part by E.O. 915...... 24537 FAX-ON-DEMAND 12959) ...... 24757 946...... 27682, 28317 You may access our Fax-On-Demand service. 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Documents on part by E.O. 1464 ...... 21036, 22458, 27867 public inspection may be viewed and copied in our office located 12959) ...... 24757 1468...... 22460 at 800 North Capitol Street, N.W., Suite 700. The Fax-On-Demand 12959...... 24757 1494...... 21037 telephone number is: 301±713±6905 12960 of May 12, 1924...... 24540 1995 ...... 26647 1955...... 28319 12961 of May 26, 1956...... 28321 FEDERAL REGISTER PAGES AND DATES, MAY 1995 ...... 28507 1962...... 28319 Administrative Orders: 1965...... 28319 21033±21424...... 1 25983±26338...... 16 Presidential Determinations: 1980...... 26350, 26980 21425±21698...... 2 26339±26666...... 17 No. 95±18 of April 21, Proposed Rules: 21699±21972...... 3 26667±26822...... 18 1995 ...... 22447 11...... 27044 21973±22246...... 4 26823±26976...... 19 No. 95±19 of April 21, 29...... 25624, 27912 1995 ...... 22449 22247±22454...... 5 26977±27220...... 22 278...... 25625 No. 95±20 of May 1, 300...... 27428 22455±24534...... 8 27221±27400...... 23 1995 ...... 22245 319...... 27428 24535±24760...... 9 27401±27656...... 24 Memorandums: 354...... 27437 24761±25118...... 10 27657±27866...... 25 May 17, 1995...... 27395 1007...... 25014 25119±25600...... 11 27867±28026...... 26 May 19, 1995...... 27663 1099...... 25628 25601±25838...... 12 28027±28316...... 30 Notices: 1205...... 21999 25839±25982...... 15 28317±28508...... 31 May 10, 1995...... 25599 1910...... 25629 ii Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Reader Aids 1944...... 25629 74...... 24549 15 CFR 54...... 21043 1951...... 25629 76...... 24549 730...... 25268 101...... 21043 1965...... 25629 150...... 24549 732...... 25268 102...... 21043 3200...... 25594 Proposed Rules: 734...... 25268 111...... 21043 3411...... 25594 50...... 22010 736...... 25268 114...... 21043 73...... 24803 123...... 21043 8 CFR 738...... 25268 430...... 27051, 27442 740...... 25268 128...... 21043 3...... 26351 742...... 25268 132...... 21043 103...... 21979 12 CFR 744...... 25268 134...... 21043 208...... 21973 25...... 22156 746...... 25268 141...... 21043 210...... 21973 35...... 27401 748...... 25268 145...... 21043 212...... 26676, 27598 203...... 22156, 22223 750...... 25268 146...... 21043 214...... 21979 228...... 22156 752...... 25268 148...... 21043 240...... 21973 265...... 22256 754...... 25268 151...... 21043 242...... 21973 308...... 24761 756...... 25268 152...... 21043 245...... 26676 345...... 22156 758...... 25268 177...... 21043 245a...... 21039, 21973 506...... 28027 760...... 25268 181...... 21043 247a...... 21973 509...... 28033 762...... 25268 191...... 21043 248...... 26676 510...... 28027 764...... 25268 353...... 25130 563e...... 22156 Proposed Rules: 766...... 25268 355...... 25130 614...... 27401 1...... 24573 768...... 25268 Proposed Rules: 615...... 27401 13...... 24573 770...... 25268 10...... 22312, 27378 618...... 27401 103...... 24573, 25856 772...... 25268 12...... 22312, 27378 620...... 27684 208...... 24573 774...... 25268 101...... 25176 707...... 21699, 25121 235...... 26696 799...... 25480 102...... 22312, 27378 242...... 24573 Proposed Rule: 134...... 22312 264...... 27441 Ch. XVII ...... 25174 Proposed Rules: 292...... 25872 177...... 22312 299...... 25856 704...... 27240 162...... 21778 741...... 27240 16 CFR 201...... 26851 9 CFR 1710...... 25162 78...... 24547, 28322 305...... 27690 20 CFR 13 CFR 309...... 26926 85...... 26353 217...... 21982 116...... 27870 1000...... 26824 92...... 25119, 26355 232...... 22261 94...... 21428, 25120 123...... 22495 Proposed Rules: 400...... 27240 344...... 22261 98...... 25119, 26355 Proposed Rule: 625...... 25560 113...... 24547 121...... 27924 402...... 27241 404...... 27242 641...... 26574 Proposed Rules: 122...... 22311 655...... 26970 3...... 27049 413...... 27243 14 CFR Proposed Rules: 50...... 26377 417...... 27244 25...... 26357 418...... 24245 416...... 26387 51...... 26377 702...... 22537 77...... 26377 29...... 26823 444...... 24805 39 ...... 21041, 21429, 21976, 703...... 22537 78...... 26377 17 CFR 92...... 25151 21977, 21979, 22496, 22498, 21 CFR 98...... 25151 22499, 22501, 24553, 24762, 1...... 25988 5...... 24766, 26825 101...... 26381 25122, 25124, 25604, 25606, 5...... 25988 16...... 27406 112...... 24584 25608, 25610, 25611, 25985, 31...... 25988 172...... 21700 113 ...... 24584, 26381, 26384 26683, 26824, 27005, 27007, 202...... 26604 178...... 22269 130...... 27913 27008, 27016, 27018, 27020, 211...... 24968 436...... 27221 308...... 22311, 25869 27023, 27402, 27403, 27684, 228...... 26604 442...... 27221 310...... 22311, 25869 27686, 27871, 27873, 28035, 229...... 26604 520...... 26359, 26826 318...... 22311, 25869 28037 230...... 26604 522...... 26359, 27223 320...... 22311, 25869 71 ...... 21433, 21434, 21700, 232...... 26604, 27691 1270...... 27406 325...... 22311, 25869 24555, 24556, 26594, 27405, 239...... 26604 326...... 22311, 25869 27688, 27689, 27874, 27875, 240...... 26604 Proposed Rules: 327...... 22311, 25869 27876, 27878 270...... 26604 146...... 26853 381...... 22311, 25869 91...... 25980, 28476 274...... 26604 173...... 21474 97 ...... 25125, 25127, 25128 201...... 26853 10 CFR 121...... 24765 18 CFR 310...... 21590 2...... 22461, 24549 1215...... 25843 2 ...... 22257, 22503, 27878 500...... 24808 11...... 26355 1245...... 21042 34...... 22503, 27882 582...... 24808 19...... 24549 Proposed Rules: 35...... 22257, 22503 589...... 24808 20...... 24549, 25983 Ch I ...... 28069 41...... 22503 896...... 26854 25...... 26355 39 ...... 21053, 21054, 21056, 131...... 22503 22 CFR 30...... 24549 21470, 21471, 21772, 21774, 292...... 22503 32...... 24549 22011, 22013, 24587, 24589, 294...... 22503 94...... 25843 34...... 28323 25869, 26003, 26005, 26007, 382...... 22503 40...... 24549 26697, 26700, 26702, 26846, 385...... 22503 24 CFR 50...... 24549 27054, 27056, 27058, 27446, 135...... 28325 51...... 22461, 24549 27449, 27704, 27705, 27926 19 CFR 200...... 21936 54...... 22461 71 ...... 21473, 21776, 24592, 7...... 21043 203...... 21936 60...... 24549 24593, 24594, 24595, 25175, 10...... 28039 3500...... 24734 61...... 24549 25871, 26384, 26385, 27451, 11...... 21043 Proposed Rules: 70...... 24549 27452 12...... 21043 Ch. IX...... 21058 71...... 24549 91...... 25554 18...... 21043 10...... 27058 72...... 24549 135...... 27707 19...... 21043 950...... 24597 73...... 24549 221...... 26848 24...... 21043 966...... 27058 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Reader Aids iii 990...... 24597 26688, 27406, 27696, 27887, 581...... 27223 27409, 27411, 27889, 27891, 27888, 28326 629...... 27223 27893, 28055, 28333, 28339 26 CFR Proposed Rules: 665...... 27223 60...... 28061 1...... 21435, 25140 Ch. I ...... 28376 671...... 27223 63...... 27598 Proposed Rules: 84...... 24598 673...... 27223 70...... 21720, 25143 1 ...... 21475, 21482, 21779, 100...... 25187, 27933 690...... 21438 72...... 26510 26854, 27453 117 ...... 22014, 24599, 26710 691...... 27223 75...... 26510, 26560 301...... 24811, 24813 165 ...... 25189, 26012, 27463, 698...... 27223 80...... 21724 27598 700...... 27223 81 ...... 21456, 22289, 25146, 27 CFR 183...... 25191 706...... 27223 27028, 28339 82 ...... 21682, 24676, 24970 Proposed Rules: 322...... 21061 707...... 27223 131...... 22228, 22229 9...... 27060 708...... 27223 34 CFR 722...... 27223 180 ...... 24782, 24784, 24785, 28 CFR 78...... 27223 750...... 27223 24788, 26360, 26361, 26626, 27414, 27415, 27417, 27419, 31...... 28440 208...... 27223 755...... 27223 215...... 27223 757...... 27223 27421, 28344, 28345, 28347, Proposed Rules: 28348, 28351, 28353 2...... 26010 230...... 27223 758...... 27223 232...... 27223 760...... 27223 185...... 26361, 28353 16...... 27933 186 ...... 26361, 28351, 28353 550...... 27692 233...... 27223 761...... 27223 234...... 27223 762...... 27223 228...... 25147 260...... 25492 29 CFR 236...... 27223 763...... 27223 238...... 27223 261...... 25492, 25619 Ch. II ...... 27856 768...... 27223 241...... 27223 262...... 25492 18...... 26970 773...... 27223 245...... 27223 264...... 25492, 26828 24...... 26970 778...... 27223 246...... 27223 265...... 25492, 26828 89...... 26574 779...... 27223 247...... 27223 266...... 25492 100...... 22269 790...... 27223 268...... 25492 250...... 27223 270...... 27856 Proposed Rules: 270...... 25492, 26828 251...... 27223 2619...... 25843 200...... 21400 271 ...... 22524, 24790, 26828 252...... 27223 2676...... 25843 201...... 21400 273...... 25492 253...... 27223 Proposed Rules: 203...... 21400 300 ...... 27041, 27697, 27896 254...... 27223 205...... 21400 302...... 25619 452...... 26388 255...... 27223 1910...... 27707 212...... 21400 721 ...... 26690, 28063, 28064 256...... 27223 763...... 27697 1915...... 27707 257...... 27223 36 CFR Proposed Rules: 1926...... 22539, 27707 258...... 27223 1258...... 26827 51...... 26710, 27943 2200...... 21058 282...... 27223 Proposed Rules: 52 ...... 21487, 21488, 21489, 30 CFR 298...... 27223 7...... 26857 21490, 21780, 21781, 21783, 346...... 27223 906...... 25846 242...... 24601 22334, 22335, 22336, 22337, 347...... 27223 701...... 26392 22540, 22541, 24813, 26858, 935...... 25140, 25613 354...... 27223 944...... 21435, 28040 27463, 27464, 27943, 27944, 362...... 27223 37 CFR 27945, 28377 Proposed Rules: 372...... 27223 1 ...... 21043, 21438, 25615, 55...... 27945 250...... 25178 374...... 27223 27598 60...... 27943, 28378 914...... 28069, 28073 405...... 27223 10...... 21438 61...... 27943 925...... 27708 407...... 27223 201...... 25995, 28019 64...... 27943 931...... 22332 408...... 27223 934...... 21484, 27246 202...... 21983 70...... 26013, 27064 409...... 27223 71...... 27945 935...... 25660 414...... 27223 Proposed Rules: 946...... 25185 1...... 27934 72...... 26559 416...... 27223 75...... 26559 948...... 26855 417...... 27223 2...... 27934 950...... 26704 7...... 27934 81 ...... 21490, 22336, 22337, 418...... 27223 28377 419...... 27223 31 CFR 38 CFR 82...... 21490, 25010 422...... 27223 86...... 27468 247...... 25990 3...... 27407, 27409 423...... 27223 156...... 21965 413...... 27882 20...... 25850 424...... 27223 170 ...... 21944, 21948, 21953, Proposed Rules: 445...... 27223 21955, 21960 32 CFR 3...... 22016, 25877 462...... 27223 180 ...... 21725, 21728, 21731, 17...... 25191 216...... 28050 463...... 27223 21733, 21734, 21736, 21784, 21...... 21486 706 ...... 22505, 22507, 22508, 471...... 27223 27468 22509, 22510, 22511, 27025, 473...... 27223 39 CFR 185 ...... 21736, 21786, 24815 27026, 27027 474...... 27223 186...... 24815 Proposed Rules: 475...... 27223 111...... 22270 228...... 25192 57...... 28362 476...... 27223 Proposed Rules: 281...... 26859 199...... 26705 500...... 27223 3001...... 22017 300...... 21491, 21786 203...... 27460 501...... 27223 433...... 28210 40 CFR 520...... 27223 438...... 28210 33 CFR 524...... 27223 9 ...... 25492, 26510, 27598, 439...... 21592 26...... 28326 525...... 27223 28052 464...... 28210 100 ...... 21982, 24557, 27885, 526...... 27223 51...... 28052 721...... 28075 27886 537...... 27223 52 ...... 21440, 21442, 21445, 110...... 21983, 27695 538...... 27223 21447, 21451, 21453, 21455, 41 CFR 117...... 26686 548...... 27223 21456, 21702, 21703, 21706, 201±23...... 22019 161...... 28326 555...... 27223 21707, 21713, 21717, 22240, 201±24...... 22019 162...... 28326 561...... 27223 22241, 22274, 22277, 22283, 164...... 24767 573...... 27223 22284, 22285, 22287, 22289, 42 CFR 165 ...... 24557, 24558, 26687, 574...... 27223 22512, 22515, 22518, 27028, 2...... 22296 iv Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Reader Aids 6...... 22530 503...... 27228 26711, 26712, 27471 577...... 26002 57...... 28065 504...... 27228 80...... 28079 654...... 24765 406...... 22533 514...... 27228 90...... 22023, 28079 821...... 25620 421...... 21048 515...... 27228 95...... 25193, 28079 1002...... 22303 550...... 27228 97...... 25194, 25661 1011...... 22303 43 CFR 552...... 27228 48 CFR 1039...... 26839 Public Land Orders: 560...... 27228 1160...... 22303 7138...... 21984 572...... 27228 Ch. 1 ...... 28492 1161...... 22303 7139...... 22535 580...... 27228 4...... 28493 1162...... 22303 7140...... 24560 581...... 27228 7...... 28494 1163...... 22303 7141...... 24792 582...... 27228 10...... 28494 Proposed Rules: 7142...... 25149 583...... 27228 11...... 28494 10...... 27946 15...... 28494 Proposed Rules: Proposed Rules: 195...... 27948 11...... 24604, 27247 23...... 28494, 28500 Ch. I ...... 28376 214...... 22542 25...... 24748 25...... 28501, 28502 383...... 24820 44 CFR 28...... 24748 31...... 28503 571...... 25880, 27711 64...... 21739, 27226 30...... 24748 36...... 28494 575...... 27472 65 ...... 26363, 26364, 26365, 31...... 24748 42...... 28494 26367 35...... 24748 52 ...... 28493, 28494, 28500, 580...... 28080 67...... 26368 37...... 24748 28501, 28502 1121...... 22035 Proposed Rules: 40...... 24748 502...... 21467 67...... 26393 54...... 24748 506...... 21467 50 CFR 55...... 24748 513...... 21467 217 ...... 21741, 25620, 26691 45 CFR 56...... 24748 552...... 21467 222...... 25620 60...... 27898 61...... 24748 926...... 22298 227 ...... 21741, 25620, 26691 96...... 21332 70...... 24748 952...... 22298 205...... 26373 71...... 24748 970...... 22298 301...... 26840 224...... 26373 72...... 24748 1503...... 21993 625...... 27906 233...... 26373 76...... 24748 1505...... 21993 649...... 21994 238...... 26373 78...... 24748 1513...... 21993 651...... 21994, 26841 239...... 26373 79...... 24748 1514...... 21993 652...... 25853 240...... 26373 90...... 24748 1515...... 21993 661...... 21746 282...... 26373 91...... 24748 1522...... 21993 663...... 22303, 24572 1010...... 26374 95...... 24748 1525...... 21993 672 ...... 24800, 25623, 26694, 1050...... 26374 97...... 24748 1542...... 21993 27425 1060...... 26374 99...... 24748 1552...... 21993 673...... 28359 1061...... 26374 106...... 24748 1852...... 22095 675 ...... 22306, 24800, 25149, 1064...... 26374 150...... 24748 5452...... 21992 26694, 26695, 26845, 27425 676...... 22307 1067...... 26374 154...... 24748 Proposed Rules: 1068...... 26374 174...... 24748 31...... 27471 678...... 21468, 27042 1069...... 26374 188...... 24748 32...... 25794 Proposed Rules: 1070...... 26374 189...... 24748 45...... 22442 10...... 24686 1076...... 26374 298...... 28077 52...... 22442 17 ...... 25882, 26712, 26713, 1397...... 26000 514...... 27248 219...... 22035 27954 1355...... 26829 970...... 27069 20...... 27249 47 CFR 1356...... 26829 1803...... 27710 100...... 24601 2544...... 28355 2...... 21048 1815...... 27710 216...... 22345 Proposed Rules: 13...... 27699 1852...... 27710 217...... 25663 1385...... 26774 15 ...... 21984, 27423, 28067 222...... 25663 1386...... 26774 24...... 26375 49 CFR 227...... 25663 1387...... 26774 73 ...... 22298, 22535, 22536, 107...... 27231 228...... 28379 1388...... 26774 25851, 25852, 27042, 27899, 171...... 26796 285...... 25665 28068, 28356, 28357 172...... 26796 424...... 26863 46 CFR 76...... 21464, 28357 173...... 26796 625...... 21491, 28082 15...... 24763 90...... 21984, 21987 178...... 26796 640...... 21493 50...... 24767 97...... 26000 219...... 24765 649...... 25194 52...... 24767 Proposed Rules: 229...... 24765, 27900 650...... 25194 56...... 24767 Ch. I ...... 27945 382...... 24765 651...... 25194 58...... 24767 1...... 26860 390...... 26001, 27700 659...... 26403 61...... 24767 20...... 26861 552...... 26002 671...... 22542, 25677 111...... 24767 25...... 24817, 28077 554...... 26002 672...... 22542, 25677 381...... 24560 32...... 26402 571 ...... 24562, 24797, 27233 673...... 24822 501...... 27228, 27698 73 ...... 22021, 22022, 22541, 573...... 26002 675 ...... 22542, 25677, 27488 502...... 27228 24606, 25879, 26018, 26402, 576...... 26002 676...... 22542, 25677