Pages 6761±6916 Vol. 61 2±22±96 No. 36 federal register February 22,1996 Thursday announcement ontheinsidecoverofthisissue. For informationonbriefinginWashington,DC,see Briefings onHowToUsetheFederalRegister 1 II Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996

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2 III

Contents Federal Register Vol. 61, No. 36

Thursday, February 22, 1996

African Development Foundation Energy Efficiency and Renewable Energy Office NOTICES PROPOSED RULES Meetings; Sunshine Act, 6894 Consumer products; energy conservation program: Appliance standards; workshop, 6798–6799 Agriculture Department See Farm Service Agency Environmental Protection Agency See Rural Business-Cooperative Service PROPOSED RULES See Rural Housing Service Hazardous waste: See Rural Utilities Service Identification and listing— Constituent-specific exit levels for low-risk solid Assassination Records Review Board wastes; comment period extension, 6805–6806 NOTICES Pesticides; tolerances in food, animal feeds, and raw Meetings; Sunshine Act, 6894 agricultural commodities: 2,4-D(2,4-dichlorophenoxyacetic acid), 6804–6805 Children and Families Administration Superfund program: RULES National oil and hazardous substances contingency Family violence prevention and services programs, 6791– plan— 6793 National priorities list update, 6806–6809 NOTICES Coast Guard Agency information collection activities: PROPOSED RULES Submission for OMB review; comment request, 6829– Drawbridge operations: 6834 Florida, 6803–6804 Meetings: Common sense initiative— Commerce Department Computers and electronics, automobile manufacturing, See International Trade Administration and iron and steel sectors, 6834–6835 See National Oceanic and Atmospheric Administration Toxic and hazardous substances control: See National Telecommunications and Information Premanufacture exemption approvals, 6835 Administration Farm Service Agency Customs Service RULES RULES Program regulations: Customs bonds: Intermediary relending program loan limits; loan limit Warehouse withdrawals; aircraft fuel supplies; pipeline increase, 6761–6762 transportation in bondof merchandise, 6772–6780 NOTICES Information dissemination: Federal Aviation Administration CD-ROM and Internet formats; microfiche elimination; RULES comment request, 6892–6893 Airworthiness directives: AlliedSignal, Inc., 6766–6768 Defense Department Beech, 6768–6770 See Navy Department Glasflugel, 6770–6771 PROPOSED RULES Class E airspace, 6771–6772 Federal Acquisition Regulation (FAR): PROPOSED RULES Foreign purchases; restrictions, 6910 Air carrier certification and operations: NOTICES Check airmen and flight instructors; training and Environmental statements; availability, etc.: qualification requirements, 6898–6908 Base realignment and closure— NOTICES Naval Air Station Alameda et al., CA, 6817 Exemption petitions; summary and disposition, 6883–6886 Meetings: Education Department Aviation Environmental Protection Committee, 6886 NOTICES Passenger facility charges; applications, etc.: Agency information collection activities: Pellston Regional Airport, MI, 6886–6887 Proposed collection; comment request, 6818–6819 Submission for OMB review; comment request, 6819– Federal Communications Commission 6820 PROPOSED RULES Radio services, special: Energy Department Fixed point-to-point microwave service in 37 GHz band; See Energy Efficiency and Renewable Energy Office channeling plan, etc., 6809–6810 See Federal Energy Regulatory Commission NOTICES PROPOSED RULES Agency information collection activities: Radiation protection of public and environment, 6799–6801 Proposed collection; comment request, 6836–6837 IV Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Contents

Federal Election Commission General Services Administration NOTICES PROPOSED RULES Special elections; filing dates: Federal Acquisition Regulation (FAR): Oregon, 6837–6838 Foreign purchases; restrictions, 6910

Federal Energy Regulatory Commission Health and Human Services Department NOTICES See Children and Families Administration Electric rate and corporate regulation filings: See Food and Drug Administration Kentucky Utilities Co. et al., 6821–6823 See Health Resources and Services Administration Environmental statements; availability, etc.: See National Institutes of Health Whitewater Engineering Corp., 6824 Health Resources and Services Administration Hydroelectric applications, 6824–6827 NOTICES Natural gas certificate filings: Privacy Act: ANR Pipeline Co. et al., 6827–6829 Systems of records, 6854–6856 Applications, hearings, determinations, etc.: Koch Gateway Pipeline Co., 6820 Housing and Urban Development Department NorAm Gas Transmission Co., 6820 NOTICES Overthrust Pipeline Co., 6820 Agency information collection activities: Panhandle Eastern Pipe Line Co., 6820–6821 Proposed collection; comment request, 6858–6859 Williams Natural Gas Co., 6821 Grant and cooperative agreement awards: Public and Indian housing— Federal Maritime Commission Emergency shelter set-aside for Indian tribes and NOTICES Alaskan Native villages, 6859–6860 Agreements filed, etc., 6838 Freight forwarder licenses: Interior Department B.L.G. Air-Ocean Transport Corp. et al., 6838 See Fish and Wildlife Service See Land Management Bureau Federal Railroad Administration NOTICES International Trade Administration Commuter and intercity passenger railroads; emergency NOTICES order regarding safety of passengers occupying lead car Antidumping: of train, 6876–6882 Circular welded non-alloy steel pipe from— Korea, 6812 Federal Reserve System Compact ductile iron waterworks fittings and glands NOTICES from— Applications, hearings, determinations, etc.: China, 6812 Community Financial Group, Inc., et al., 6838–6839 Fresh cut flowers from— First Financial Bancorp et al., 6839 Mexico, 6812–6814 Viscose rayon staple fiber from— Federal Trade Commission Finland, 6814–6815 PROPOSED RULES International Trade Commission Appliances, consumer; energy costs and consumption NOTICES information in labeling and advertising: Import investigations: Energy use labels; placement, 6801–6803 Agricultural tractors under 50 power take-off horsepower, NOTICES 6862 Premerger notification waiting periods; early terminations, Electronic products, including semiconductor products, 6839–6841 manufactured by certain processes, 6863 Prohibited trade practices: Neodymium-iron-boron magnets, magnet alloys, and Azrak-Hamway International, Inc., 6841–6847 articles containing same, 6863–6864 Hughes Danbury Optical Systems, Inc., et al., 6847–6851 Starwood Advertising, Inc., et al., 6851–6854 Land Management Bureau NOTICES Fish and Wildlife Service Alaska Native claims selection: RULES Calista Corp., 6861 Endangered Species Convention: Environmental statements; availability, etc.: Appendixes and amendments Copper Flat Mine Project, NM, 6861 Bigleaf mahogany addition to Appendix III, 6793–6795 NOTICES National Aeronautics and Space Administration Endangered and threatened species permit applications, PROPOSED RULES 6860 Federal Acquisition Regulation (FAR): Marine mammal permit applications, 6860–6861 Foreign purchases; restrictions, 6910

Food and Drug Administration National Highway Traffic Safety Administration NOTICES NOTICES Food additive petitions: Motor vehicle safety standards: Registration and Consulting Co. AG, 6854 Nonconforming vehicles— Victorian Chemical Co., Pty. Ltd., 6854 Importation eligibility; determinations, 6887–6892 Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Contents V

National Institutes of Health Postal Service NOTICES NOTICES Meetings: Meetings; Sunshine Act, 6894–6895 National Eye Institute, 6856–6857 National Institute of Environmental Health Sciences, Public Health Service 6857 See Food and Drug Administration Research Grants Special Emphasis Panel, 6857–6858 See Health Resources and Services Administration See National Institutes of Health National Oceanic and Atmospheric Administration PROPOSED RULES Rural Business-Cooperative Service Meetings: RULES Mid-Atlantic Fishery Management Council, 6810–6811 Program regulations: NOTICES Intermediary relending program loan limits; loan limit Meetings: increase, 6761–6762 Caribbean Fishery Management Council, 6815 Gulf of Mexico Fishery Management Council, 6815–6816 Rural Housing Service New England Fishery Management Council, 6816 RULES Program regulations: National Science Foundation Intermediary relending program loan limits; loan limit NOTICES increase, 6761–6762 Meetings: Chemical and Transport Systems Special Emphasis Panel, Rural Utilities Service 6864 RULES Civil and Mechanical Systems Special Emphasis Panel, Program regulations: 6865 Intermediary relending program loan limits; loan limit Design, Manufacture, and Industial Innovation Special increase, 6761–6762 Emphasis Panel, 6865 Securities and Exchange Commission Earth Sciences Proposal Review Panel, 6865 NOTICES Human Resource Development Special Emphasis Panel, Self-regulatory organizations; proposed rule changes: 6866 American Stock Exchange, Inc., 6872–6876 Information Robotics and Intelligent Systems Special Applications, hearings, determinations, etc.: Emphasis Panel, 6866 Dean Witter Managed Assets Trust, 6870 Materials Research Special Emphasis Panel, 6866 Harris & Harris Group, Inc., 6870–6871 Mathematical and Physical Sciences Advisory TCW/DW Global Convertible Trust, 6871–6872 Committee, 6866 Small Business Administration National Telecommunications and Information NOTICES Administration Disaster loan areas: NOTICES Virginia, 6876 Grants and cooperative agreements; availability, etc.: Public telecommunications facilities planning and Transportation Department construction program, 6912–6916 See Coast Guard See Federal Aviation Administration Navy Department See Federal Railroad Administration NOTICES See National Highway Traffic Safety Administration Meetings: NOTICES Chief of Naval Operations Executive Panel, 6817 Transportation Secretary’s Community Partnership Awards; Naval Academy, Board of Visitors, 6817–6818 nominations request, 6882–6883

Nuclear Regulatory Commission Treasury Department RULES See Customs Service Employee protection policies; amendments, 6762–6766 PROPOSED RULES Veterans Affairs Department Employee protection policies; amendments, 6796–6798 RULES Regulatory agenda Vocational rehabilitation and education: Quarterly report, 6796 Veterans education— NOTICES Veterans’ Benefits Act of 1992 et al.; implementation, Agency information collection activities: 6780–6791 Proposed collection; comment request, 6867 NOTICES Meetings: Agency information collection activities: Nuclear Waste Advisory Committee, 6867–6868 Proposed collection; comment request; correction, 6893 Reactor Safeguards Advisory Committee, 6868–6869 Meetings; Sunshine Act, 6894 Reports; availability, etc.: Separate Parts In This Issue Modular high-temperature gas-cooled reactor; preapplication safety evaluation, 6869 Part II Power reactors; operating licensing examination Department of Transportation, Federal Aviation standards, 6869 Administration, 6898–6908 VI Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Contents

Part III Reader Aids Department of Defense; General Services Administration; Additional information, including a list of public laws, National Aeronautics and Space Administration, 6910 telephone numbers, reminders, and finding aids, appears in the Reader Aids section at the end of this issue. Part IV Department of Commerce, National Telecommunications Electronic Bulletin Board and Information Administration, 6912–6916 Free Electronic Bulletin Board service for Public Law numbers, Federal Register finding aids, and a list of documents on public inspection is available on 202–275– 1538 or 275–0920. Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Contents VII

CFR PARTS AFFECTED IN THIS ISSUE

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

7 CFR 1948...... 6761 10 CFR 19...... 6762 30...... 6762 40...... 6762 50...... 6762 60...... 6762 61...... 6762 70...... 6762 72...... 6762 Proposed Rules: Ch. I ...... 6796 19...... 6796 30...... 6796 40...... 6796 50...... 6796 60...... 6796 61...... 6796 70...... 6796 72...... 6796 430...... 6798 834...... 6799 14 CFR 39 (3 documents) ...... 6766 6768, 6770 71...... 6771 Proposed Rules: 121...... 6898 135...... 6898 16 CFR Proposed Rules: 305...... 6801 19 CFR 10...... 6772 18...... 6772 113...... 6772 33 CFR Proposed Rules: 117...... 6803 38 CFR 21...... 6780 40 CFR Proposed Rules: 180...... 6804 261...... 6805 300 (2 documents) ...... 6806 6807 45 CFR 1370...... 6791 47 CFR Proposed Rules: 1...... 6809 2...... 6809 21...... 6809 94...... 6809 48 CFR Proposed Rules: 25...... 6910 52...... 6910 50 CFR 23...... 6793 Proposed Rules: Ch. VI...... 6810 6761

Rules and Regulations Federal Register Vol. 61, No. 36

Thursday, February 22, 1996

This section of the FEDERAL REGISTER ADDRESSES: Submit written comments Washington, DC 20503. Please send a contains regulatory documents having general in duplicate to the Director, Regulations copy of your comments to Jack Holston, applicability and legal effect, most of which and Paperwork Management Division, Agency Clearance Officer, USDA, Ag. are keyed to and codified in the Code of Rural Economic and Community box 0743, Washington, DC 20250. Federal Regulations, which is published under Development, USDA, Ag. Box 0743, 50 titles pursuant to 44 U.S.C. 1510. Civil Justice Reform Washington, DC 20250–0743. All The Code of Federal Regulations is sold by written comments will be available for This interim final rule has been the Superintendent of Documents. Prices of public inspection during regular reviewed under Executive Order 12778, new books are listed in the first FEDERAL working hours at the above office, Civil Justice Reform. In accordance with REGISTER issue of each week. located in Room 6348, South this rule: (1) All state and local laws and Agricultural Building, 14th and regulations that are in conflict with this Independence Avenue SW, Washington rule will be preempted; (2) no DEPARTMENT OF AGRICULTURE DC. retroactive effect will be given to this rule; and (3) administrative proceedings FOR FURTHER INFORMATION CONTACT: M. Rural Housing Service in accordance with the regulations of Wayne Stansbery, Loan Specialist, RBS, the agency at 7 CFR 1900 subpart B or Rural Business-Cooperative Service USDA, Ag. box 1521, Washington, DC those regulations published by the 20250–1521, Telephone (202) 720–6819. Rural Utilities Service Department of Agriculture to implement SUPPLEMENTARY INFORMATION: the provisions of the National Appeals Farm Service Agency Classification Division as mandated by the Department of Agriculture 7 CFR Part 1948 This interim final rule has been Reorganization Act of 1994 must be RIN 0570±AA15 determined to be ‘‘not-significant’’ and exhausted before bringing suit in court has not been reviewed by OMB. challenging action taken under this rule Intermediary Relending Program Loan Program Affected unless those regulations specifically Limits allow bringing suit at an earlier time. The catalog of Federal Domestic This document has been reviewed in AGENCIES: Rural Housing Service, Rural Assistance program impacted by this Business-Cooperative Service, Rural accordance with Executive Order 12778. action is: 10.767, Intermediary It is the determination of this Agency Utilities Service, and Farm Service Relending Program. that this action does not unduly burden Agency, USDA. Intergovernmental Review the Federal Court System in that it ACTION: Interim final rule with request meets all applicable standards provided for comments. As set forth in the final rule and in section 2 of the Executive Order. related Notice to 7 CFR part 3015, SUMMARY: The Rural Business- subpart V, 48 FR 29112, June 24, 1983, Environmental Impact Statement Cooperative Service (RBS) is the this program is subject to the provisions This action has been reviewed in successor to the Rural Business and of Executive Order 12372 which accordance with FmHA Instruction Cooperative Development Service requires intergovernmental consultation 1940–G, ‘‘Environmental Program.’’ (RBCDS), which was the successor to with State and local officials. The Rural Business-Cooperative Service has the Rural Development Administration Agency conducts intergovernmental determined that this action does not (RDA), which was the successor to the consultation in the manner delineated constitute a major Federal action Farmers Home Administration (FmHA). in FmHA Instruction 1940–J, significantly affecting the quality of the RBS is amending the regulations for ‘‘Intergovernmental Review of Farmers human environment, and in accordance the Intermediary Relending Program Home Administration Programs and with the National Environmental Policy (IRP) to raise the loan limit. This action Activities.’’ Act of 1969, Pub. L. 91–190, an is needed to allow intermediaries that Paperwork Reduction Act Environmental Impact Statement is not have received and successfully used the required. maximum amount of IRP loans allowed The information collection by the current regulations, and have requirements contained in this Unfunded Mandate need for additional funds, to be eligible regulation have been approved by the Title II of the Unfunded Mandate to apply for such additional funds. The Office of Management and Budget Reform Act of 1995 (UMRA), Pub. L. intended effect is to raise the maximum (OMB) under the provisions of 44 U.S.C. 104–4, establishes requirements for outstanding IRP indebtedness of an Chapter 35 and have been assigned Federal agencies to assess the effects of intermediary to $4 million, from the OMB control number 0575–0130 in their regulatory actions on state, local, current limit of $2 million, for a period accordance with the Paperwork and tribal governments and the private to end at the close of business on Reduction Act of 1980 (44 U.S.C. 3507). sector. Under section 202 of the UMRA, August 28, 1996. IRP loan funds per This interim rule does not revise or RBS must prepare a written statement, intermediary will not exceed $2 million impose any new information collection including a cost-benefit analysis, for for loans approved after August 28, or record keeping requirements from proposed and final rules with ‘‘Federal 1996. those approved by OMB. Please send Mandates’’ that may result in DATES: Effective February 22, 1996. written comments to the Office of expenditures to State, local or tribal Comments must be received on or Information Regulatory Affairs, OMB, governments, in the aggregate, or to the before April 22, 1996. Attention: Desk Officer for USDA, private sector, of $100 million or more 6762 Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Rules and Regulations in any one year. When such a statement published for comment notwithstanding (ii) IRP loan funds will not exceed $2 is needed for a rule, section 205 of the exemption of 5 U.S.C. 553 with million per intermediary for loans UMRA generally requires RBS to respect to such rules. However, the approved after August 28, 1996. identify and consider a reasonable Agency is making this action effective * * * * * number of regulatory alternatives and upon publication in the Federal Dated: February 7, 1996. adopt the least costly, more cost Register without securing prior public Wally B. Beyer, effective or least burdensome alternative comment. It would be contrary to the Acting Under Secretary for Rural Economic that achieves the objectives of the rule. public interest to wait for public and Community Development. This rule contains no federal comment before implementing an [FR Doc. 96–4018 Filed 2–21–96; 8:45 am] Mandates (under the regulatory increase in the loan ceiling. There is an BILLING CODE 3410±32±P provisions of Title II of the UMRA) for immediate need to provide funds to the State, local, and tribal governments or public to help alleviate severe economic the private sector. Thus today’s rule is hardship which exists in many rural not subject to the requirements of areas as a result of high unemployment NUCLEAR REGULATORY sections 202 and 205 of UMRA. and poverty level wages. Numerous COMMISSION Background intermediaries have received the maximum of $2 million, have 10 CFR Parts 19, 30, 40, 50, 60, 61, 70, This regulatory package is an agency successfully used the funds to assist and 72 initiative to make the IRP more effective rural businesses, and have urgent need at stimulating rural community for additional loan funds. These RIN 3150±AF45 economic development. The current intermediaries have proven their ability regulation prohibits approval of any IRP to play a major and successful role in Employee Protection Policies; Minor loan that would result in any one stimulating the economy and Amendments intermediary having an outstanding IRP developing jobs in rural areas indebtedness exceeding $2 million. RBS experiencing high unemployment and AGENCY: Nuclear Regulatory is still not encouraging initial loans of depressed economies. Increasing the Commission. more than $2 million. However, some loan ceiling quickly will allow them to ACTION: Direct final rule. intermediaries have received and receive additional funds to continue to reloaned $2 million and have demand provide needed assistance. Delaying for additional funding to meet the needs SUMMARY: The Nuclear Regulatory action will only deprive them of Commission (NRC) is amending its of the communities they serve. opportunities to provide assistance. The primary reason for this action is regulations related to notices to workers Comments will be accepted for 60 days to allow subsequent loans to those and to employee protection policies. after publication and, if appropriate, successful intermediaries that have This action is necessary to require the adjustments will be made in the reached the current limit. Intermediaries use of an updated NRC Form 3, update regulation based on the comments. in several States including; Vermont, a telephone number, and to clarify the Maine, Minnesota, Michigan, Colorado, List of Subjects in 7 CFR Part 1948 applicability of employment North Carolina, Oklahoma, and discrimination policies. Louisiana are currently at the limit of $2 Business and industry, Credit, Economic development, Rural areas. EFFECTIVE DATE: The final rule is million, and faced by additional effective April 22, 1996, unless Accordingly, Part 1948, Chapter demand for funds. Because of this significant adverse comments are XVIII, Title 7 of the Code of Federal program’s role in the President’s Rural received by March 25, 1996. If the Regulations is amended as follows: Development Initiative, the fact that the effective date is delayed, timely notice efforts of some successful lenders are PART 1948ÐRURAL DEVELOPMENT will be published in the Federal impeded by the $2 million limit, and Register. the potential of attracting other lenders 1. The authority citation for part 1948 as a result of efforts to target the ADDRESSES: Mail comments to: continues to read as follows: program more effectively to underserved Secretary, U.S. Nuclear Regulatory areas, a decision has been made to Authority: 5 U.S.C. 301; 7 U.S.C. 1932 Commission, Washington, DC 20555– increase the maximum loan limit to $4 note; 7 CFR 2.23, and 2.70. 0001, Attention: Docketing and Service million for a maximum period ending Branch. Hand deliver comments to Subpart CÐIntermediary Relending 11555 Rockville Pike, Maryland, August 28. The anticipated benefits are Program (IRP) increased lending activity, particularly between 7:45 am and 4:15 pm on Federal workdays. by successful lenders and the creation of 2. Section 1948.103 is amended by new business opportunities and revising paragraph (c) (4) to read as For information on submitting employment, particularly in areas follows: comments electronically, see the experiencing economic distress. discussion under Electronic Access in There are no anticipated costs § 1948.103 Eligibility requirements. the Supplementary Information Section. associated with this decision. The cost * * * * * Copies of any comments received may of expanding the potential of the (c) * * * be examined at the NRC Public program is already built into the budget (4) The total amount of Agency loan Document Room, 2120 L Street NW estimates and there should be no (Lower Level), Washington, DC. increase in delinquencies because of funds requested by the intermediary this action. plus the outstanding balance of existing FOR FURTHER INFORMATION CONTACT: IRP loan(s) will meet one of the Mark Haisfield, Office of Nuclear Discussion of Interim Final Rule following conditions: Regulatory Research, U.S. Nuclear It is the policy of this Department that (i) IRP loan funds will not exceed $4 Regulatory Commission, Washington, rules relating to public property, loans, million per intermediary for loans DC 20555–0001, telephone (301) 415– grants, benefits or contracts shall be approved on or before August 28, 1996. 6196, e-mail [email protected]. Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Rules and Regulations 6763

SUPPLEMENTARY INFORMATION: parity to none, data bits to 8, and stop Procedural Background Background bits to 1 (N,8,1). Using ANSI or VT–100 Because NRC considers this action terminal emulation, the NRC NUREGs The purpose of these amendments to noncontroversial and routine, we are and RegGuides for Comment subsystem approving it without seeking public 10 CFR Part 19, and related sections, is can then be accessed by selecting the to promulgate a change to incorporate a comments on proposed amendments. ‘‘Rules Menu’’ option from the ‘‘NRC This action will become effective on reference to the most recent revision of Main Menu.’’ For further information NRC Form 3, update a telephone April 22, 1996. However, if the NRC about options available for NRC at receives significant adverse comments number, and clarify the applicability of FedWorld, consult the ‘‘Help/ employment discrimination policies to by March 25, 1996, then the NRC will Information Center’’ from the ‘‘NRC publish a document that withdraws this 10 CFR Parts 61 and 76. Main Menu.’’ Users will find the NRC regulations in § 19.11, ‘‘Posting action, and will address the comments ‘‘FedWorld Online User’s Guides’’ received in response to the requested of notices to workers,’’ specify the June particularly helpful. Many NRC 1993 revision of NRC Form 3, ‘‘Notice revisions which have been proposed for subsystems and databases also have a approval and are being concurrently to Employees,’’ and an old NRC ‘‘Help/Information Center’’ option that telephone number for obtaining NRC published in the proposed rules section is tailored to the particular subsystem. of this Federal Register. Comments will Form 3. A new version of the form was The NRC subsystem on FedWorld can be addressed in the final rule on this issued in January 1996, and because also be accessed by a direct dial phone proposal. The NRC will not initiate a licensees and applicants are required to number for the main FedWorld BBS, second comment period on this action. prominently post the most current 703–321–3339, or by using Telnet via version of NRC Form 3, § 19.11 is being Internet, fedworld.gov. If using 703– Environmental Impact: Categorical updated. Related sections in Parts 30, 321–3339 to contact FedWorld, the NRC Exclusion 40, 50, 60, 61, 70, and 72 also have the subsystem will be accessed from the The Commission has determined that old NRC telephone number and are main FedWorld menu by selecting the this final rule is the type of action being updated. ‘‘Regulatory, Government described in categorical exclusions 10 The primary differences between the Administration and State Systems,’’ CFR 51.22(c)(1). Therefore, neither an old and new NRC Form 3 are related to then selecting ‘‘Regulatory Information environmental impact statement nor an reporting violations and safety concerns, Mall.’’ At that point, a menu will be environmental assessment has been the addition of an NRC Safety Hotline displayed that has an option ‘‘U.S. prepared for this final rule. and other NRC toll-free numbers, what Nuclear Regulatory Commission’’ that constitutes discrimination, the will take you to the NRC Online main Paperwork Reduction Act Statement realignment of NRC Regions, and the menu. The NRC Online area also can be This final rule does not contain a new actions NRC will take for allegations of accessed directly by typing ‘‘/go nrc’’ at or amended information collection harassment, intimidation, or a FedWorld command line. If you access requirement subject to the Paper discrimination. NRC from FedWorld’s main menu, you Reduction Act of 1995 (44 U.S.C. 3501 NRC regulations in § 19.20, may return to FedWorld by selecting the et seq.). Existing requirements were ‘‘Employee protection,’’ were adopted in ‘‘Return to FedWorld’’ option from the approved by the Office of Management July 1982. Part 61, ‘‘Licensing NRC Online Main Menu. However, if and Budget, approval 3150–0044, 10 Requirements for Land Disposal of you access NRC at FedWorld by using CFR Part 19; 3150–0017, 10 CFR Part 30; Radioactive Waste,’’ was adopted in NRC’s toll-free number, you will have 3150–0020, 10 CFR Part 40; 3150–0011, 1982 (47 FR 57446; December 27, 1982); full access to all NRC systems but you 10 CFR Part 50; 3150–0127, 10 CFR Part and Part 76, ‘‘Certification of Gaseous will not have access to the main 60; 3150–0135, 10 CFR Part 61; 3150– Diffusion Plants,’’ was adopted in 1994 FedWorld system. 0009, 10 CFR Part 70; and 3150–0132, (59 FR 48944; September 23, 1994). If you contact FedWorld using Telnet, 10 CFR Part 72. Both Parts 61 and 76 adopted the July you will see the NRC area and menus, 1982 employee protection provisions including the Rules menu. Although Public Protection Notification incorporated into Parts 30, 40, 50, 60, you will be able to download The NRC may not conduct or sponsor, 70, and 72. Section 19.20 is being documents and leave messages, you will and a person is not required to respond updated to refer to Parts 61 and 76 for not be able to write comments or upload to, a collection of information unless it consistency and clarification of files (comments). If you contact displays a currently valid OMB control employee protection policies. FedWorld using FTP, all files can be number. accessed and downloaded but uploads Electronic Access are not allowed; all you will see is a list Regulatory Analysis Comments may be submitted of files without descriptions (normal A regulatory analysis has not been electronically, in either ASCII text or Gopher look). An index file listing all prepared for this Direct Final Rule Wordperfect format (version 5.1 or files within a subdirectory, with because this rule is considered minor later), by calling the NRC Electronic descriptions, is included. There is a 15- and not a substantial amendment; it has Bulletin Board on FedWorld. The minute time limit for FTP access. no economic impact on NRC licensees bulletin board may be accessed using a Although FedWorld can be accessed or the public. personal computer, a modem, and one through the World Wide Web, like FTP of the commonly available that mode only provides access for Regulatory Flexibility Certification communications software packages, or downloading files and does not display As required by the Regulatory directly via Internet. the NRC Rules menu. Flexibility Act of 1980, 5 U.S.C. 605(b), If using a personal computer and For more information on NRC bulletin the Commission certifies that this rule modem, the NRC subsystem on boards call Mr. Arthur Davis, Systems does not have a significant economic FedWorld can be accessed directly by Integration and Development Branch, impact upon a substantial number of dialing the toll free number: 1–800– U.S. Nuclear Regulatory Commission, small entities. 303–9672. Communication software Washington, DC 20555, telephone (301) Any small entity subject to this parameters should be set as follows: 415–5780; e-mail [email protected]. regulation which determines that, 6764 Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Rules and Regulations because of its size, it is likely to bear a Reporting and recordkeeping Nuclear Regulatory Commission disproportionate adverse economic requirements. Regional Office listed in Appendix D to impact should notify the Commission of Part 20 of this chapter or by calling the 10 CFR Part 60 this in a comment that indicates the NRC Information and Records following: Criminal penalties, High-level waste, Management Branch at (301) 415–7230. (a) The licensee’s size and how the Nuclear power plants and reactors, * * * * * regulation would result in a significant Nuclear materials, Reporting and 3. Section 19.20 is revised to read as economic burden upon the licensee as recordkeeping requirements, Waste follows: compared to the economic burden on a treatment and disposal. § 19.20 Employee protection. larger licensee. 10 CFR Part 61 (b) How the regulations could be Employment discrimination by a modified to take into account the Criminal penalties, Low-level waste, licensee (or a holder of a certificate of licensee’s differing needs or capabilities. Nuclear materials, Reporting and compliance issued pursuant to Part 76) (c) The benefits that would accrue, or recordkeeping requirements, Waste or a contractor or subcontractor of a the detriments that would be avoided, if treatment and disposal. licensee (or a holder of a certificate of the regulations were modified as 10 CFR Part 70 compliance issued pursuant to Part 76) suggested by the licensee. against an employee for engaging in Criminal penalties, Hazardous protected activities under this part or (d) How the regulation, as modified, materials transportation, Material would more closely equalize the impact Parts 30, 40, 50, 60, 61, 70, 72, 76, or control and accounting, Nuclear 150 of this chapter is prohibited. of regulations or create more equal materials, Packaging and containers, access to the benefits of Federal Radiation protection, Reporting and PART 30ÐRULES OF GENERAL programs as opposed to providing recordkeeping requirements, Scientific APPLICABILITY TO DOMESTIC special advantages to any individual or equipment, Security measures, Special LICENSING OF BYPRODUCT group. nuclear material. MATERIAL (e) How the regulation, as modified, would still adequately protect public 10 CFR Part 72 4. The authority citation for Part 30 health and safety. Manpower training programs, Nuclear continues to read as follows: Backfit Analysis materials, Occupational safety and Authority: Secs. 81, 82, 161, 182, 183, 186, health, Reporting and recordkeeping 68 Stat. 935, 948, 953, 954, 955, as amended, The NRC has determined that the requirements, Security measures, Spent sec. 234, 83 Stat. 444, as amended (42 U.S.C. backfit rule, 10 CFR 50.109, does not fuel. 2111, 2112, 2201, 2232, 2233, 2236, 2282); apply to this rule, and therefore, a For the reasons set out in the secs. 201, as amended, 202, 206, 88 Stat. backfit analysis is not required because 1242, as amended, 1244, 1246 (42 U.S.C. preamble and under the authority of the 5841, 5842, 5846). these amendments do not involve any Atomic Energy Act of 1954, as amended, provisions that would impose backfits Section 30.7 also issued under Pub. L. 95– the Energy Reorganization Act of 1974, 601, sec. 10, 92 Stat. 2951 as amended by as defined in 10 CFR 50.109(a)(1). as amended, and 5 U.S.C. 552 and 553, Pub. L. 102–486, sec. 2902, 106 Stat. 3123, List of Subjects the NRC is adopting the following (42 U.S.C. 5851). Section 30.34(b) also issued amendments to 10 CFR Parts 19, 30, 40, under sec. 184, 68 Stat. 954, as amended (42 10 CFR Part 19 50, 60, 61, 70, and 72. U.S.C. 2234). Section 30.61 also issued under Criminal penalties, Environmental sec. 187, 68 Stat. 955 (42 U.S.C. 2237). protection, Nuclear materials, Nuclear PART 19ÐNOTICES, INSTRUCTIONS 5. In § 30.7, the note to paragraph power plants and reactors, Occupational AND REPORTS TO WORKERS: (e)(2) is redesignated as paragraph (e)(3) safety and health, Radiation protection, INSPECTION AND INVESTIGATIONS and revised to read as follows: Reporting and recordkeeping 1. The authority citation for Part 19 § 30.7 Employee protection. requirements, Sex discrimination. continues to read as follows: * * * * * 10 CFR Part 30 Authority: Secs. 53, 63, 81, 103, 104, 161, (e) * * * Byproduct material, Criminal 186, 68 Stat. 930, 933, 935, 936, 937, 948, (3) Copies of NRC Form 3 may be 955, as amended, sec. 234, 83 Stat. 444, as penalties, Government contracts, obtained by writing to the Regional amended, sec. 1701, 106 Stat. 2951, 2952, Administrator of the appropriate U.S. Intergovernmental relations, Isotopes, 2953 (42 U.S.C. 2073, 2093, 2111, 2133, 2134, Nuclear materials, Radiation protection, Nuclear Regulatory Commission 2201, 2236, 2282, 2297f); sec. 201, 88 Stat. Regional Office listed in Appendix D to Reporting and recordkeeping 1242, as amended (42 U.S.C. 5841); Pub. L. requirements. 95–601, sec. 10, 92 Stat. 2951 (42 U.S.C. Part 20 of this chapter or by calling the 5851). NRC Information and Records 10 CFR Part 40 Management Branch at (301) 415–7230. 2. In § 19.11, the note following Criminal penalties, Government paragraph (c) is removed and paragraph * * * * * contracts, Hazardous materials (c) is revised to read as follows: transportation, Nuclear materials, PART 40ÐDOMESTIC LICENSING OF Reporting and recordkeeping § 19.11 Posting of notices to workers. SOURCE MATERIAL requirements, Source material, Special * * * * * 6. The authority citation for part 40 nuclear material. (c)(1) Each licensee and each continues to read as follows: applicant for a specific license shall 10 CFR Part 50 Authority: Secs. 62, 63, 64, 65, 81, 161, prominently post NRC Form 3 (Revision 182, 183, 186, 68 Stat. 932, 933, 935, 948, Antitrust, Classified information, dated January 1996), ‘‘Notice to 953, 954, 955, as amended, secs. 11e(2), 83, Criminal penalties, Fire protection, Employees.’’ 84, Pub. L. 95–604, 92 Stat. 3033, as Intergovernmental relations, Nuclear (2) Copies of NRC Form 3 may be amended, 3039, sec. 234, 83 Stat. 444, as power plants and reactors, Radiation obtained by writing to the Regional amended (42 U.S.C. 2014(e)(2), 2092, 2093, protection, Reactor siting criteria, Administrator of the appropriate U.S. 2094, 2095, 2111, 2113, 2114, 2201, 2232, Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Rules and Regulations 6765

2233, 2236, 2282); sec. 274, Pub. L. 86–373, paragraph (e) is redesignated as paragraph (e) is redesignated as 73 Stat. 688 (42 U.S.C. 2021); secs. 201, as paragraph (e)(2) and revised to read as paragraph (e)(2) and revised to read as amended, 202, 206, 88 Stat. 1242, as follows: follows: amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846); sec. 275, 92 Stat. 3021, as amended by § 50.7 Employee protection. § 61.9 Employee protection. Pub. L. 97–415, 96 Stat. 2067 (42 U.S.C. * * * * * * * * * * 2022). (e) * * * (e) * * * Section 40.7 also issued under Pub. L. 95– (2) Copies of NRC Form 3 may be 601, sec. 10, 92 Stat. 2951 as amended by (2) Copies of NRC Form 3 may be Pub. L. 102–486, sec 2902, 106 Stat. 3123, (42 obtained by writing to the Regional obtained by writing to the Regional U.S.C. 5851). Section 40.31(g) also issued Administrator of the appropriate U.S. Administrator of the appropriate U.S. under sec. 122, 68 Stat. 939 (42 U.S.C. 2152). Nuclear Regulatory Commission Nuclear Regulatory Commission Section 40.46 also issued under sec. 184, 68 Regional Office listed in Appendix D to Regional Office listed in Appendix D to Stat. 954, as amended (42 U.S.C. 2234). Part 20 of this chapter or by calling the Part 20 of this chapter or by calling the Section 40.71 also issued under sec. 187, 68 NRC Information and Records NRC Information and Records Stat. 955 (42 U.S.C. 2237). Management Branch at (301) 415–7230. Management Branch at (301) 415–7230. 7. In § 40.7, the note to paragraph * * * * * * * * * * (e)(2) is redesignated as paragraph (e)(3) and revised to read as follows: PART 60ÐDISPOSAL OF HIGH-LEVEL PART 70ÐDOMESTIC LICENSING OF RADIOACTIVE WASTE IN GEOLOGIC SPECIAL NUCLEAR MATERIAL § 40.7 Employee protection. REPOSITORIES * * * * * 14. The authority citation for Part 70 (e) * * * 10. The authority citation for Part 60 continues to read as follows: (3) Copies of NRC Form 3 may be continues to read as follows: Authority: Secs. 51, 53, 161, 182, 183, 68 obtained by writing to the Regional Authority: Secs. 51, 53, 62, 63, 65, 81, 161, Stat. 929, 930, 948, 953, 954, as amended, Administrator of the appropriate U.S. 182, 183, 68 Stat. 929, 930, 932, 933, 935, sec. 234, 83 Stat. 444, as amended, sec. 1701, Nuclear Regulatory Commission 948, 953, 954, as amended (42 U.S.C. 2071, 106 Stat. 2951, 2952, 2953 (42 U.S.C. 2071, Regional Office listed in Appendix D to 2073, 2092, 2093, 2095, 2111, 2201, 2232, 2073, 2201, 2232, 2233, 2282, 2297f); secs. 2233); secs. 202, 206, 88 Stat. 1244, 1246 (42 201, as amended, 202, 204, 206, 88 Stat. Part 20 of this chapter or by calling the 1242, as amended, 1244, 1245, 1246 (42 NRC Information and Records U.S.C. 5842, 5846); secs. 10 and 14, Pub. L. 95–601, 92 Stat. 2951 (42 U.S.C. 2021a and U.S.C. 5841, 5842, 5845, 5846). Management Branch at (301) 415–7230. 5851); sec. 102, Pub. L. 91–190, 83 Stat. 853 Sections 70.1(c) and 70.20a(b) also issued * * * * * (42 U.S.C. 4332); secs. 114, 121, Pub. L. 97– under secs. 135, 141, Pub. L. 97–425, 96 Stat. 425, 96 Stat. 2213g, 2228, as amended (42 2232, 2241 (42 U.S.C. 10155, 10161). Section PART 50ÐDOMESTIC LICENSING OF U.S.C. 10134, 10141) and Pub. L. 102–486, 70.7 also issued under Pub. L. 95–601, sec. PRODUCTION AND UTILIZATION sec 2902, 106 Stat. 3123 (42 U.S.C. 5851). 10, 92 Stat. 2951 (42 U.S.C. 5851). Section FACILITIES 70.21(g) also issued under sec. 122, 68 Stat. 11. In § 60.9, paragraph (e) is 939 (42 U.S.C. 2152). Section 70.31 also 8. The authority citation for Part 50 redesignated as (e)(1) and the note to issued under sec. 57d, Pub. L. 93–377, 88 continues to read as follows: paragraph (e) is redesignated as Stat. 475 (42 U.S.C. 2077). Sections 70.36 and paragraph (e)(2) and revised to read as 70.44 also issued under sec. 184, 68 Stat. 954, Authority: Secs. 102, 103, 104, 105, 161, follows: as amended (42 U.S.C. 2234). Section 70.61 182, 183, 186, 189, 68 Stat. 936, 937, 938, also issued under secs. 186, 187, 68 Stat. 955 948, 953, 954, 955, 956, as amended, sec. § 60.9 Employee protection. (42 U.S.C. 2236, 2237). Section 70.62 also 234, 83 Stat. 1244, as amended (42 U.S.C. * * * * * issued under sec. 108, 68 Stat. 939, as 2132, 2133, 2134, 2135, 2201, 2232, 2233, (e) * * * amended (42 U.S.C. 2138). 2236, 2239, 2282); secs. 201, as amended, 202, 206, 88 Stat. 1242, as amended, 1244, (2) Copies of NRC Form 3 may be 15. In § 70.7, the note to paragraph 1246 (42 U.S.C. 5841, 5842, 5846). obtained by writing to the Regional (e)(2) is redesignated as paragraph (e)(3) Section 50.7 also issued under Pub. L. 95– Administrator of the appropriate U.S. and revised to read as follows: 601, sec. 10, 92 Stat. 2951 as amended by Nuclear Regulatory Commission § 70.7 Employee protection. Pub. L. 102–486, sec. 2902, 106 Stat 3123, (42 Regional Office listed in Appendix D to U.S.C. 5851). Section 50.10 also issued under Part 20 of this chapter or by calling the * * * * * secs. 101, 185, 68 Stat. 936, 955, as amended NRC Information and Records (e) * * * (42 U.S.C. 2131, 2235); sec. 102, Pub. L. 91– Management Branch at (301) 415–7230. (3) Copies of NRC Form 3 may be 190, 83 Stat. 853 (42 U.S.C. 4332). Sections obtained by writing to the Regional 50.13, 50.54(dd), and 50.103 also issued * * * * * Administrator of the appropriate U.S. under sec. 108, 68 Stat. 939, as amended (42 Nuclear Regulatory Commission U.S.C. 2138). Sections 50.23, 50.35, 50.55, PART 61ÐLICENSING REQUIREMENTS FOR LAND Regional Office listed in Appendix D to and 50.56 also issued under sec. 185, 68 Stat. Part 20 of this chapter or by calling the 955 (42 U.S.C. 2235). Sections 50.33a, 50.55a DISPOSAL OF RADIOACTIVE WASTE and Appendix Q also issued under sec. 102, NRC Information and Records Pub. L. 91–190, 83 Stat. 853 (42 U.S.C. 4332). 12. The authority citation for Part 61 Management Branch at (301) 415–7230. Sections 50.34 and 50.54 also issued under continues to read as follows: * * * * * sec. 204, 88 Stat. 1245 (42 U.S.C. 5844). Authority: Secs. 53, 57, 62, 63, 65, 81, 161, Sections 50.58, 50.91, and 50.92 also issued 182, 183, 68 Stat. 930, 932, 933, 935, 948, PART 72ÐLICENSING under Pub. L. 97–415, 96 Stat. 2073 (42 953, 954, as amended (42 U.S.C. 2073, 2077, REQUIREMENTS FOR THE U.S.C. 2239). Section 50.78 also issued under 2092, 2093, 2095, 2111, 2201, 2232, 2233); INDEPENDENT STORAGE OF SPENT sec. 122, 68 Stat. 939 (42 U.S.C. 2152). secs. 202, 206, 88 Stat. 1244, 1246 (42 U.S.C. NUCLEAR FUEL AND HIGH-LEVEL Sections 50.80–50.81 also issued under sec. 5842, 5846); secs. 10 and 14, Pub. L. 95–601, RADIOACTIVE WASTE 184, 68 Stat. 954, as amended (42 U.S.C. 92 Stat. 2951 (42 U.S.C. 2021a and 5851) and 2234). Appendix F also issued under sec. Pub. L. 102–486, sec 2902, 106 Stat. 3123, (42 16. The authority citation for Part 72 187, 68 Stat. 955 (42 U.S.C 2237). U.S.C. 5851). continues to read as follows: 9. In § 50.7, paragraph (e) is 13. In § 61.9, paragraph (e) is Authority: Secs. 51, 53, 57, 62, 63, 65, 69, redesignated as (e)(1) and the note to redesignated as (e)(1) and the note to 81, 161, 182, 183, 184, 186, 187, 189, 68 Stat. 6766 Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Rules and Regulations

929, 930, 932, 933, 934, 935, 948, 953, 954, ACTION: Final rule. in PT overspeed and uncontained 955, as amended, sec. 234, 83 Stat. 444, as engine failure. amended (42 U.S.C. 2071, 2073, 2077, 2092, SUMMARY: This amendment adopts a Since the issuance of that AD, the 2093, 2095, 2099, 2111, 2201, 2232, 2233, new airworthiness directive (AD), FAA has received reports of additional 2234, 2236, 2237, 2238, 2282); sec. 274, Pub. applicable to AlliedSignal, Inc. bearing failures with resultant loss of PT L. 86–373, 73 Stat. 688, as amended (42 (formerly Textron Lycoming) Models rotor location, including one additional U.S.C. 2021); sec. 201, as amended, 202, 206, LTS101–650B1, –750B1, –650C, and 88 Stat. 1242, as amended, 1244, 1246 (42 uncontained PT disk failure. In order to U.S.C. 5841, 5842, 5846); Pub. L. 95–601, sec. –750C turboshaft engines, that requires minimize the possibility of an 10, 92 Stat. 2951 as amended by Pub. L. 102– installation of an improved power uncontained engine failure, the 486, sec. 7902, 106 Stat. 3123 (42 U.S.C. turbine (PT) rotor and electronic PT manufacturer has developed an 5851); sec. 102, Pub. L. 91–190, 83 Stat. 853 rotor overspeed controller as a improved PT rotor with retention (42 U.S.C. 4332); secs. 131, 132, 133, 135, terminating action to the currently capability and an improved electronic 137, 141, Pub. L. 97–425, 96 Stat. 2229, 2230, required inspections of AD 88–14–01. PT rotor overspeed controller. These 2232, 2241, sec. 148, Pub. L. 100–203, 101 This amendment is prompted by reports improvements are only available for Stat. 1330–235 (42 U.S.C. 10151, 10152, of additional bearing failures since 10153, 10155, 10157, 10161, 10168). AlliedSignal, Inc. Models LTS101– Section 72.44(g) also issued under secs. publication of AD 88–14–01, including 650B1, –750B1, –650C, and –750C 142(b) and 148(c), (d), Pub. L. 100–203, 101 one additional uncontained PT disk turboshaft engines, installed on Bell Stat. 1330–232, 1330–236 (42 U.S.C. failure. The actions specified by this AD Helicopter Textron 222 series and 10162(b), 10168(c), (d)). Section 72.46 also are intended to prevent PT overspeed Messerschmitt-Bolkow-Blohm (MBB) issued under sec. 189, 68 Stat. 955 (42 U.S.C. and uncontained engine failure. BK117 series helicopters. 2239); sec. 134, Pub. L. 97–425, 96 Stat. 2230 DATES: Effective April 22, 1996. A proposal to amend part 39 of the (42 U.S.C. 10154). Section 72.96(d) also The incorporation by reference of Federal Aviation Regulations (14 CFR issued under sec. 145(g), Pub. L. 100–203, part 39) to include an AD that is 101 Stat. 1330–235 (42 U.S.C. 10165(g)). certain publications listed in the Subpart J also issued under secs. 2(2), 2(15), regulations is approved by the Director applicable to AlliedSignal, Inc. 2(19), 117(a), 141(h), Pub. L. 97–425, 96 Stat. of the Federal Register as of April 22, (formerly Textron Lycoming) Models 2202, 2203, 2204, 2222, 2224 (42 U.S.C. 1996. LTS101–650B1, –750B1, –650C, and 10101, 10137(a), 10161(h)). Subparts K and L ADDRESSES: The service information –750C turboshaft engines was published are also issued under sec. 133, 98 Stat. 2230 referenced in this AD may be obtained in the Federal Register on May 19, 1995 (42 U.S.C. 10153) and sec. 218(a), 96 Stat. from AlliedSignal Inc., 550 Main Street, (60 FR 26846). That action proposed to 2252 (42 U.S.C. 10198). Stratford, CT 06497. This information require installation of an improved PT 17. In § 72.10, paragraph (e)(2) is may be examined at the Federal rotor with retention capability and an revised to read as follows: Aviation Administration (FAA), New electronic PT rotor overspeed controller at the next shop visit when the PT rotor § 72.10 Employee protection. England Region, Office of the Assistant Chief Counsel, 12 New England is removed after the effective date of this * * * * * Executive Park, Burlington, MA; or at AD, but prior to December 31, 1997, as (e) * * * the Office of the Federal Register, 800 a terminating action to the currently (2) Copies of NRC Form 3 may be North Capitol Street, NW., suite 700, required inspections of AD 88–14–01. obtained by writing to the Regional Interested persons have been afforded Washington, DC. Administrator of the appropriate U.S. an opportunity to participate in the Nuclear Regulatory Commission FOR FURTHER INFORMATION CONTACT: making of this amendment. Due Regional Office listed in Appendix D to Eugene Triozzi, Aerospace Engineer, consideration has been given to the Part 20 of this chapter or by calling the Engine Certification Office, FAA, Engine comments received. NRC Information and Records and Propeller Directorate, 12 New One commenter states that the Management Branch at (301) 415–7230. England Executive Park, Burlington, MA requirement to incorporate an electronic 01803–5299; telephone (617) 238–7148, * * * * * PT overspeed controller should be Dated at Rockville, Maryland this 7th day fax (617) 238–7199. deleted from the AD, as the additional of February, 1996. SUPPLEMENTARY INFORMATION: On May economic impact is not justified from For the Nuclear Regulatory Commission. 26, 1988, the Federal Aviation the basis of increased safety, or the basis James M. Taylor, Administration (FAA) issued of reliability in adverse operating airworthiness directive (AD) 88–14–01, Executive Director for Operations. conditions. The FAA does not concur. Amendment 39–5952 (53 FR 25317, July The FAA has determined that the [FR Doc. 96–3936 Filed 2–21–96; 8:45 am] 6, 1988), to require initial and repetitive electronic PT overspeed controller will BILLING CODE 7590±01±P inspections of the engine lubrication increase flight safety by providing and bearing systems on AlliedSignal, overspeed protection in the event of a Inc. (formerly Textron Lycoming) No. 4 bearing failure. As stated in the DEPARTMENT OF TRANSPORTATION LTS101 series turboshaft engines. That NPRM, the current PT rotor overspeed action was prompted by reports of four Federal Aviation Administration controller, in two cases of No. 4 bearing uncontained power turbine (PT) disk failure, has allowed PT rotor overspeed 14 CFR Part 39 failures. Subsequent investigation and uncontained PT disk failures. The revealed that the PT disk failures were FAA has also determined that the [Docket No. 95±ANE±08; Amendment 39± caused by bearing failures resulting in electronic PT overspeed protection 9459; AD 95±26±01] PT shaft disengagement from the gear system provides an acceptable level of Airworthiness Directives; AlliedSignal, train drive, unloading the PT and reliability in adverse environmental Inc. (formerly Textron Lycoming) causing rotor overspeed. Two other PT operating conditions consistent with Models LTS101±650B1, ±750B1, ±650C, disk failures involved No. 4 bearing that required for engine digital and ±750C Turboshaft Engines failure, followed by power pinion gear electronic controls. teeth failure, thereby unloading the PT One commenter states that the AGENCY: Federal Aviation and causing PT rotor overspeed. This pneumatic portion of the PT retention Administration, DOT. condition, if not corrected, could result system should be enabled in lieu of Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Rules and Regulations 6767 installation of the electronic PT provide overspeed protection in the The regulations adopted herein will overspeed controller, as this would be a event of a No. 4 bearing failure. not have substantial direct effects on the more cost effective improvement. The One commenter states that the States, on the relationship between the FAA does not concur. The pneumatic economic impact of the proposed rule national government and the States, or portion of the PT retention system should be revised to reflect installation on the distribution of power and would not provide overspeed protection of aircraft electronics necessary for responsibilities among the various in the event of a No. 4 bearing failure. operation of the electronic overspeed levels of government. Therefore, in Available data shows that the system. The FAA concurs, and has accordance with Executive Order 12612, pneumatic portion of the PT retention adjusted the economic impact to reflect it is determined that this final rule does system provides automatic shutdown the associated increase in the cost not have sufficient federalism only in the event of loss of PT rotor impact. implications to warrant the preparation axial location. After careful review of the available of a Federalism Assessment. One commenter states that the data, including the comments noted For the reasons discussed above, I requirements of AD 88–14–01 should be above, the FAA has determined that air certify that this action (1) is not a continued with no terminating actions, safety and the public interest require the ‘‘significant regulatory action’’ under thereby continuing preventive adoption of the rule with the changes Executive Order 12866; (2) is not a maintenance benefits. The FAA does described previously. The FAA has ‘‘significant rule’’ under DOT not concur. The FAA has approved determined that these changes will not Regulatory Policies and Procedures (44 incorporation of applicable ongoing increase the scope of the AD. FR 11034, February 26, 1979); and (3) There are approximately 950 engines maintenance requirements currently in will not have a significant economic of the affected design in the worldwide AD 88–14–01 into the applicable impact, positive or negative, on a fleet. The FAA estimates that 95 engines AlliedSignal, Inc. LTS101 engine substantial number of small entities installed on aircraft of U.S. registry will maintenance manual requirements. The under the criteria of the Regulatory be affected by the requirement to install FAA considers that incorporation of Flexibility Act. A final evaluation has the PT rotor with improved retention, these requirements into the been prepared for this action and it is that it will take approximately 10 work maintenance manuals will provide contained in the Rules Docket. A copy hours per engine to accomplish the desirable preventive maintenance of it may be obtained from the Rules required actions, and that the average Docket at the location provided under actions for the AlliedSignal, Inc. labor rate is $60 per work hour. the caption ADDRESSES. LTS101 engine, while the design Required parts will cost approximately modifications proposed would alleviate $44,400 per engine. Based on these List of Subjects in 14 CFR Part 39 the additional record-keeping burden figures, the cost impact of the AD on Air Transportation, Aircraft, Aviation imposed by AD 88–14–01. U.S. operators is estimated to be One commenter states that the safety, Incorporation by reference, $4,275,000 for installation of the PT Safety. compliance timetable for incorporation rotor with improved retention. of electronic PT rotor overspeed In addition, the FAA estimates that Adoption of the Amendment controller should be revised to allow 576 engines installed on aircraft of U.S. Accordingly, pursuant to the installation at a scheduled aircraft registry will be affected by the authority delegated to me by the inspection rather than at the next PT requirement to install the electronic PT Administrator, the Federal Aviation rotor removal. This change is requested rotor overspeed controller, that it will Administration amends part 39 of the because incorporation of electronic PT take approximately 3 work hours per Federal Aviation Regulations (14 CFR rotor overspeed controller at the next PT engine to accomplish the required part 39) as follows: rotor removal may not be logistically action, and that the average labor rate is supportable due to the increased rate of $60 per work hour. Required parts cost PART 39ÐAIRWORTHINESS PT rotor removals resulting from for the electronic PT rotor overspeed DIRECTIVES another field management plan. The controller installation is $5,825. Based FAA concurs. Adoption of the revised on these figures, the cost impact of 1. The authority citation for part 39 timetable will minimize the possible installing the electronic PT rotor continues to read as follows: logistic impact of the original overspeed controller would be Authority: 49 U.S.C. 106(g), 40113, 44701. compliance timetable while still $3,458,880. providing the equivalent level of safety There are approximately 288 aircraft § 39.13 [Amended] proposed by the NPRM. of U.S. registry that would be affected 2. Section 39.13 is amended by One commenter states that the by the requirement to install aircraft adding the following new airworthiness proposed AD should apply only for electronics necessary for the functioning directive: engines that do not incorporate the of the electronic PT rotor overspeed 95–26–01 AlliedSignal, Inc.: Amendment insertable blade PT rotor. The FAA controller. It would take approximately 39–9459 Docket 95–ANE–08. concurs in part. The PT rotor with 80 work hours per aircraft to accomplish Applicability: AlliedSignal, Inc. (formerly retention capability, to be required by the proposed actions, and the average Textron Lycoming) Model LTS101–650B1, the proposed rule, is the same as the labor rate is $60 per work hour. –750B1, –650C, and –750C turboshaft insertable blade PT rotor. Therefore, the Required parts for the aircraft engines installed on Bell Helicopter Textron PT rotor installation required by the installation would be approximately 222 series and Messerschmitt-Bolkow-Blohm proposed rule would be previously $4,531. Based on these figures, the cost (MBB) BK117 series helicopters. accomplished for engines with the impact of installing the aircraft Note: This AD applies to each engine insertable blade PT rotor. However, as electronics for the electronic PT rotor identified in the preceding applicability provision, regardless of whether it has been addressed in a previous comment, the overspeed controller would be modified, altered, or repaired in the area FAA has determined that installation of $2,287,328. Therefore, the revised total subject to the requirements of this AD. For the electronic PT overspeed controller is cost impact of all the actions of the engines that have been modified, altered, or required for all engines regardless of the proposed AD on U.S. operators is repaired so that the performance of the P/N PT rotor installed, in order to estimated to be $10,421,208. requirements of this AD is affected, the 6768 Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Rules and Regulations owner/operator must use the authority unsafe condition addressed by this AD. In no (a) Install the improved PT rotor with provided in paragraph (d) to request approval case does the presence of any modification, retention capability at the next shop visit from the FAA. This approval may address alteration, or repair remove any engine from when the PT rotor is removed after the either no action, if the current configuration the applicability of this AD. effective date of this AD, but prior to eliminates the unsafe condition, or different Compliance: Required as indicated, unless December 31, 1997, in accordance with the actions necessary to address the unsafe accomplished previously. condition described in this AD. Such a To prevent power turbine (PT) overspeed following Textron Lycoming Service request should include an assessment of the and uncontained engine failure, accomplish Bulletins (SB): effect of the changed configuration on the the following:

Engine model SB No. Rev. Date

LTS101±650B1 ...... LTS101B±72±50±0122 4 June 17, 1991. LTS101±750B1 or ±650B1 ...... LTS101B±72±50±0116 6 August 14, 1992. LTS101±650C and ±750C Series ...... LTS101C±72±50±0119 2 June 17, 1991.

(b) Install the improved electronic PT rotor (a) of this AD, or at the next airframe 600 accordance with the following Textron overspeed controller concurrently with the hour inspection point after the effective date Lycoming SB: PT rotor installation required by paragraph of this AD, whichever occurs later, in

Engine model SB No. Rev. Date

LTS101±650B1 ...... LTS101B±73±10±0127 2 August 14, 1992. LTS101±750B1 ...... LTS101B±73±10±0127 2 August 14, 1992. LTS101±650C and ±750C Series ...... LTS101C±73±10±0129 3 August 14, 1992.

(c) Installation of the improved PT rotor Certification Office. The request should be (e) Special flight permits may be issued in with retention capability and the improved forwarded through an appropriate FAA accordance with sections 21.197 and 21.199 electronic PT rotor overspeed controller in Maintenance Inspector, who may add of the Federal Aviation Regulations (14 CFR accordance with paragraphs (a) and (b) of this comments and then send it to the Manager, 21.197 and 21.199) to operate the aircraft to Engine Certification Office. AD constitutes terminating action to the a location where the requirements of this AD inspection requirements of AD 88–14–01. Note: Information concerning the existence can be accomplished. (d) An alternative method of compliance or of approved alternative methods of (f) The actions required by this AD shall be adjustment of the compliance time that compliance with this airworthiness directive, provides an acceptable level of safety may be if any, may be obtained from the Engine done in accordance with the following used if approved by the Manager, Engine Certification Office. service bulletins:

Document No. Pages Revision Date

LTS101B±72±50±0122 ...... 1±11 4 June 17, 1991. Total pages: ...... 11 LTS101B±72±50±0116 ...... 1±10 6 August 14, 1992. Total pages: ...... 10 LTS101C±72±50±0119 ...... 1±11 2 June 17, 1991. Total pages: ...... 11 LTS101B±73±10±0127 ...... 1±13 2 August 14, 1992. Total pages: ...... 13 LTS101C±73±10±0129 ...... 1±14 3 August 14, 1992. Total pages: ...... 14

This incorporation by reference was Issued in Burlington, Massachusetts, on ACTION: Final rule. approved by the Director of the Federal January 24, 1996. Register in accordance with 5 U.S.C. 552(a) Jay J. Pardee, SUMMARY: This amendment adopts a and 1 CFR part 51. Copies may be obtained Manager, Engine and Propeller Directorate, new airworthiness directive (AD) that from AlliedSignal Inc., 550 Main Street, Aircraft Certification Service. applies to Beech Aircraft Corporation Stratford, CT 06497. Copies may be inspected [FR Doc. 96–2589 Filed 2–21–96; 8:45 am] (Beech) 90, 99, 100, and 200 series at the FAA, New England Region, Office of BILLING CODE 4910±13±P airplanes. This action requires the Assistant Chief Counsel, 12 New England inspecting the main landing gear drag Executive Park, Burlington, MA; or at the leg lock link to ensure that the hole for Office of the Federal Register, 800 North 14 CFR Part 39 the roll pin is drilled completely Capitol Street NW., suite 700, Washington, through both walls of the main landing DC. [Docket No. 95±CE±32±AD; Amendment 39± gear drag leg lock link and, if not drilled (g) This amendment becomes effective on 9510; AD 96±03±13] completely through both link walls, April 22, 1996. Airworthiness Directives; Beech replacing any main landing gear drag leg Aircraft Corporation 90, 99, 100, and lock link. An incident in which the left 200 Series Airplanes main landing gear collapsed on one of the affected airplanes prompted this AGENCY: Federal Aviation action. Investigation revealed that the Administration, DOT. roll pin hole was not completely drilled Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Rules and Regulations 6769 through both walls of the drag leg lock The FAA estimates that 2,229 Federal Aviation Regulations (14 CFR link. The actions specified by this AD airplanes in the U.S. registry will be part 39) as follows: are intended to prevent main landing affected by this AD action, that it will gear collapse caused by drag leg lock take approximately 5 work hours per PART 39ÐAIRWORTHINESS link failure, which could result in loss airplane to accomplish this action, and DIRECTIVES of control of the airplane. that the average labor rate is 1. The authority citation for part 39 DATES: Effective April 1, 1996. approximately $60 an hour. Parts cost The incorporation by reference of approximately $100 per airplane. Based continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. certain publications listed in the on these figures, the total cost impact of regulations is approved by the Director this AD on U.S. operators is estimated § 39.13 [Amended] of the Federal Register as of April 1, to be $891,600. This figure is based on 2. Section 39.13 is amended by 1996. the assumption that all of the affected airplanes have incorrectly drilled drag adding a new airworthiness directive ADDRESSES: Service information that (AD) to read as follows: applies to this AD may be obtained from leg lock links and that none of the Beech Aircraft Corporation, P.O. Box 85, owners/operators of the affected AD No.96–03–13 Beech Aircraft Wichita, Kansas 67201–0085. This airplanes have replaced the incorrectly Corporation: Amendment 39–9510; Docket No. 95–CE–32–AD. information may also be examined at drilled links. the Federal Aviation Administration Beech has informed the FAA that Applicability: The following airplane parts have been distributed to equip models and serial numbers, certificated in (FAA), Central Region, Office of the any category: Assistant Chief Counsel, Attention: approximately 648 airplanes. Assuming that these distributed parts are Rules Docket 95–CE-32–AD, room 1558, Models Serial Numbers 601 E. 12th Street, Kansas City, Missouri incorporated on the affected airplanes, 64106; or at the Office of the Federal the cost of the proposed AD would be F90 ...... LA±2 through LA± Register, 800 North Capitol Street NW., reduced by $259,200 from $891,600 to 236. suite 700, Washington, DC. $632,400. In addition, the FAA believes 99, 99A, A99A, B99, U±1 through U±239. that a majority of the affected airplanes and C99. FOR FURTHER INFORMATION CONTACT: Mr. will not have incorrectly drilled links, 100 and A100 ...... B±1 through B±94 Steve Potter, Aerospace Engineer, thereby further reducing the cost impact and B±100 through Wichita Aircraft Certification Office, of the proposed AD upon the public. B±247. FAA, 1801 Airport Road, Mid-Continent The regulations adopted herein will B100 ...... BE±1 through BE± Airport, Wichita, Kansas 67209; not have substantial direct effects on the 137. 200 and B200 ...... BB±2, BB±6 through telephone (316) 946–4124; facsimile States, on the relationship between the (316) 946–4407. BB±1157, national government and the States, or BB±1159 through SUPPLEMENTARY INFORMATION: A on the distribution of power and BB±1166, and proposal to amend part 39 of the Federal responsibilities among the various BB±1168 through Aviation Regulations (14 CFR part 39) to levels of government. Therefore, in BB±1192. include an AD that would apply to accordance with Executive Order 12612, 200T and B200T ...... BT±1 through BT±30. Beech Aircraft Corporation 90, 99, 100, it is determined that this final rule does 200C and B200C ...... BL±1 through BL±72. and 200 series airplanes was published not have sufficient federalism 200CT and B200CT .. BN±1 through BN±4. in the Federal Register on August 16, implications to warrant the preparation 65±A90±2(RU±21B) .. LS±1 through LS±3. 1995 (60 FR 42479). The action 65±A90±3(RU±21C) .. LT±1 through LT±2. of a Federalism Assessment. 200 (A100±1) ...... BB±3 through BB±5. proposed to require inspecting the main For the reasons discussed above, I landing gear drag leg lock link to ensure A100 (U±21F) ...... B±95 through B±99. certify that this action (1) is not a A200 (C±12A and C± BC±1 through BC± that the hole for the roll pin is drilled ‘‘significant regulatory action’’ under 12C). 75, and BD±1 through both walls of the link and, if not Executive Order 12866; (2) is not a through BD±30. drilled completely through both link ‘‘significant rule’’ under DOT A200C (UC±12B) ...... BJ±1 through BJ±66. walls, replacing any main landing gear Regulatory Policies and Procedures (44 A200CT (C±12D) ...... BP±1, BP±22, and drag leg lock link. Accomplishment of FR 11034, February 26, 1979); and (3) BP±24 through the proposed action would be in will not have a significant economic BP±45. accordance with Beech Service Bulletin impact, positive or negative, on a A200CT (FWC±12D) . BP±7 through BP±11. No. 2607, Revision 1, dated April 1995. A200CT (RC±12D) .... GR±1 through GR± substantial number of small entities 13. Interested persons have been afforded under the criteria of the Regulatory an opportunity to participate in the A200CT (RC±12H) .... GR±14 through GR± Flexibility Act. A copy of the final 19. making of this amendment. No evaluation prepared for this action is A200CT (RC±12G) ... FC±1 through FC±3. comments were received on the contained in the Rules Docket. A copy proposed rule or the FAA’s of it may be obtained by contacting the Note 1: This AD applies to each airplane determination of the cost to the public. Rules Docket at the location provided identified in the preceding applicability After careful review of all available under the caption ADDRESSES. provision, regardless of whether it has been information related to the subject modified, altered, or repaired in the area presented above, the FAA has List of Subjects in 14 CFR Part 39 subject to the requirements of this AD. For determined that air safety and the Air transportation, Aircraft, Aviation airplanes that have been modified, altered, or public interest require the adoption of safety, Incorporation by reference, repaired so that the performance of the requirements of this AD is affected, the the rule as proposed except for minor Safety. editorial corrections. The FAA has owner/operator must request approval for an Adoption of the Amendment alternative method of compliance in determined that these minor corrections accordance with paragraph (d) of this AD. will not change the meaning of the AD Accordingly, pursuant to the The request should include an assessment of and will not add any additional burden authority delegated to me by the the effect of the modification, alteration, or upon the public than was already Administrator, the Federal Aviation repair on the unsafe condition addressed by proposed. Administration amends part 39 of the this AD; and, if the unsafe condition has not 6770 Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Rules and Regulations been eliminated, the request should include 14 CFR Part 39 repetitively inspecting the mounting specific proposed actions to address it. stud every 100 hours time-in-service Compliance: Required within the next 100 [Docket No. 93±CE±02±AD; Amendment 39± 9509; AD 96±03±12] (TIS) thereafter, hours time-in-service (TIS) after the effective • Measuring the diameter of the date of this AD, unless already accomplished. Airworthiness Directives; Glasflugel mounting stud, and if it is less than 5 To prevent main landing gear collapse Model Mosquito Sailplanes mm (0.2 inch) increasing the diameter to caused by drag leg lock link failure, which 6 mm (0.24 inch) and, could result in loss of control of the airplane, AGENCY: Federal Aviation • Incorporating a change to the accomplish the following: Administration, DOT. Mosquito flight manual on page 19, (a) Inspect the main landing gear drag leg ACTION: Final rule. paragraph 3.3 by inserting the following lock link to ensure that the hole for the roll language: pin is drilled completely through both walls SUMMARY: This amendment adopts a of the link in accordance with the new airworthiness directive (AD) that ‘‘Whenever the canopy emergency jettison knob is pulled and prior to each flight, if no ACCOMPLISHMENT INSTRUCTIONS applies to Glasflugel Model Mosquito locking thread is used, it should be ensured section of Beech Service Bulletin No. 2607, sailplanes. This action requires that the Pip pins are fully pushed home, so Revision 1, dated April 1995. modifying the mounting studs on the that the locking balls are clear of and behind (b) Prior to further flight, replace any drag lifting/tilting frame of the canopy their fittings.’’ leg lock link that does not have the roll pin system, repetitively inspecting the hole drilled through both walls of the link. mounting stud, and incorporating flight Initially, the compliance time of this Accomplish this replacement in accordance manual revisions that specify a warning AD is in calendar time instead of hours with the applicable maintenance manual. on emergency canopy deployment time-in-service (TIS). The average (c) Special flight permits may be issued in failure. Canopy system problems monthly usage of the affected sailplanes accordance with sections 21.197 and 21.199 discovered during routine checks and ranges throughout the fleet. For of the Federal Aviation Regulations (14 CFR periodic inspections of these sailplanes example, one owner may operate the 21.197 and 21.199) to operate the airplane to prompted the proposed action. The sailplane 25 hours in one week, while a location where the requirements of this AD actions specified in this proposed AD another operator may operate the can be accomplished. are intended to prevent canopy system sailplane 25 hours in one year. For this (d) An alternative method of compliance or failure, which could result in loss of reason, the FAA has determined that, in adjustment of the compliance time that control of the sailplane. order to ensure that all of the owners/ provides an equivalent level of safety may be operators of the affected sailplanes DATES: Effective April 1, 1996. initially inspect the canopy system and approved by the Manager, Wichita Aircraft The incorporation by reference of Certification Office, FAA, 1801 Airport Road, incorporate the flight manual revisions certain publications listed in the Mid-Continent Airport, Wichita, Kansas within a reasonable amount of time, a regulations is approved by the Director 67209. The request shall be forwarded calendar compliance time is imposed. of the Federal Register as of April 1, through an appropriate FAA Maintenance Accomplishment of these actions will 1996. Inspector, who may add comments and then be in accordance with Glasflugel send it to the Manager, Wichita Aircraft ADDRESSES: Service information that Technical Note (TN) 303–18, dated Certification Office. applies to this AD may be obtained from March 1, 1991. Note 2: Information concerning the Glasflugel c/o Hansjorg Streifeneder, Interested persons have been afforded existence of approved alternative methods of Glasfaser-Flugzeug Service, Hofener an opportunity to participate in the compliance with this AD, if any, may be Weg, D 72582 Grabenstetten, Germany, making of this amendment. No obtained from the Wichita Aircraft telephone number 49.73.82.10.32. This comments were received on the Certification Office. information may also be examined at proposed rule or the FAA’s (e) The inspections and replacements the Federal Aviation Administration determination of the cost to the public. required by this AD shall be done in (FAA), Central Region, Office of the After careful review of all available accordance with Beech Service Bulletin No. Assistant Chief Counsel, Attention: information related to the subject 2607, Revision 1, dated April 1995. This Rules Docket 93–CE–02–AD, Room presented above, the FAA has incorporation by reference was approved by 1558, 601 E. 12th Street, Kansas City, determined that air safety and the the Director of the Federal Register in Missouri 64106; or at the Office of the public interest require the adoption of accordance with 5 U.S.C. 552(a) and 1 CFR Federal Register, 800 North Capitol the rule as proposed except for minor part 51. Copies may be obtained from Beech Street, NW., suite 700, Washington, DC. editorial corrections. The FAA has Aircraft Corporation, P.O. Box 85, Wichita, FOR FURTHER INFORMATION CONTACT: Mr. determined that these minor corrections Kansas 67201–0085. Copies may be inspected Herman C. Belderok, Project Officer, will not change the meaning of the AD at the FAA, Central Region, Office of the Sailplanes, Small Airplane Directorate, and will not add any additional burden Assistant Chief Counsel, Room 1558, 601 E. Aircraft Certification Service, FAA, upon the public than was already 12th Street, Kansas City, Missouri, or at the 1201 Walnut, suite 900, Kansas City, proposed. Office of the Federal Register, 800 North Missouri 64106; telephone (816) 426– The FAA estimates that 40 sailplanes Capitol Street, NW., 7th Floor, suite 700, 6932; facsimile (816) 426–2169. in the U.S. registry will be affected by Washington, DC. SUPPLEMENTARY INFORMATION: A this AD, that it will take approximately (f) This amendment (39-9510) becomes proposal to amend part 39 of the Federal 2 workhours per sailplane to effective on April 1, 1996. Aviation Regulations (14 CFR part 39) to accomplish this action, and that the Issued in Kansas City, Missouri, on January average labor rate is approximately $60 31, 1996. include an AD that applies to Glasflugel Model Mosquito sailplanes was an hour. Parts cost approximately $10 Michael Gallagher, published in the Federal Register on per sailplane. Based on these figures, Manager, Small Airplane Directorate, Aircraft September 15, 1995 (60 FR 47899). This the total cost impact of this AD on U.S. Certification Service. action proposed to require the operators is estimated to be $5,200. This [FR Doc. 96–2588 Filed 2–21–96; 8:45 am] following: figure is based on the assumption that BILLING CODE 4910±13±P • Inspecting the mounting studs on no affected owner/operator of the the canopy lifting/tilting frame for wear, affected sailplanes has incorporated the Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Rules and Regulations 6771 modification or accomplished the provided in paragraph (f) of this AD to obtained from the Small Airplane inspection. request approval from the FAA. This Directorate. The regulations adopted herein will approval may address either no action, if the (g) The inspections, modifications, and not have substantial direct effects on the current configuration eliminates the unsafe installations required by this AD shall be States, on the relationship between the condition, or different actions necessary to done in accordance with Glasflugel address the unsafe condition described in Technical Note 303–18, dated March 1, 1991. national government and the States, or this AD. Such a request should include an on the distribution of power and This incorporation by reference was assessment of the effect of the changed approved by the Director of the Federal responsibilities among the various configuration on the unsafe condition Register in accordance with 5 U.S.C. 552(a) levels of government. Therefore, in addressed by this AD. In no case does the and 1 CFR part 51. Copies may be obtained accordance with Executive Order 12612, presence of any modification, alteration, or from Glasflugel c/o Hansjorg Streifeneder, it is determined that this final rule does repair remove any sailplane from the Glasfaser-Flugzeug Service, Hofener Weg, D not have sufficient federalism applicability of this AD. 72582 Grabenstetten, Germany, telephone implications to warrant the preparation Compliance: Required as indicated in the number 49.73.82.10.32. Copies may be of a Federalism Assessment. body of this AD. inspected at the FAA, Central Region, Office For the reasons discussed above, I To prevent canopy system failure, which of the Assistant Chief Counsel, Room 1558, certify that this action (1) is not a could result in loss of control of the 601 E. 12th Street, Kansas City, Missouri, or sailplane, accomplish the following: ‘‘significant regulatory action’’ under at the Office of the Federal Register, 800 (a) Within the next 30 calendar days after North Capitol Street, NW., 7th Floor, suite Executive Order 12866; (2) is not a the effective date of this AD, unless already 700, Washington, DC. ‘‘significant rule’’ under DOT accomplished, and thereafter at the intervals (h) This amendment (39–9509) becomes Regulatory Policies and Procedures (44 not to exceed 100 hours time-in-service (TIS), effective on April 1, 1996. FR 11034, February 26, 1979); and (3) inspect the mounting studs on the canopy Issued in Kansas City, Missouri on will not have a significant economic lifting/tilting frame for evidence of wear and February 1, 1996. impact, positive or negative, on a diameter specifications in accordance with the Actions section in Glasflugel Technical John R. Colomy, substantial number of small entities Acting Manager, Small Airplane Directorate, under the criteria of the Regulatory Note (TN) 303–18, dated March 1, 1991. (b) If during any of the inspections Aircraft Certification Service. Flexibility Act. A copy of the final required by paragraph (a) of this AD, the [FR Doc. 96–2682 Filed 2–21–96; 8:45 am] evaluation prepared for this action is mounting stud is found worn or the diameter BILLING CODE 4910±13±P contained in the Rules Docket. A copy measures less than 5 mm (0.2 inch), prior to of it may be obtained by contacting the further flight, increase the diameter to 6 mm Rules Docket at the location provided (0. 24 inch) in accordance with paragraph 1 14 CFR Part 71 under the caption ADDRESSES. of the Actions section in Glasflugel TN 303– 18, dated March 1, 1991. [Airspace Docket No. 95±ANE±61] List of Subjects in 14 CFR Part 39 (c) Within the next 30 calendar days after Air transportation, Aircraft, Aviation the effective date of this AD, unless already Amendment to Class E Airspace; safety, Incorporation by reference, accomplished, incorporate the following Worcester, MA Safety. language on page 19, paragraph 3.3 of the Mosquito flight manual: AGENCY: Federal Aviation Adoption of the Amendment ‘‘Whenever the canopy emergency jettison Administration (FAA), DOT. Accordingly, pursuant to the knob is pulled and prior to each flight, if no ACTION: Final rule. authority delegated to me by the locking thread is used, it should be ensured that the Pip pins are fully pushed home, so SUMMARY: This amendment establishes Administrator, the Federal Aviation that the locking balls are clear of and behind Class E airspace at Worcester, MA Administration amends part 39 of the their fittings.’’ (ORH). With the commissioning of the Federal Aviation Regulations (14 CFR (d) Incorporating the flight manual revision Automated Surface Observation System part 39) as follows: as required by paragraph (c) of this AD may (ASOS) at the Worcester Municipal be performed by the owner/operator holding Airport, weather reporting is now PART 39ÐAIRWORTHINESS at least a private pilot certificate as continuously available at that airport. DIRECTIVES authorized by section 43.7 of the Federal This action is necessary to establish Aviation Regulations (14 CFR 43.7), and must controlled airspace extending upward 1. The authority citation for part 39 be entered into the sailplane’s records continues to read as follows: showing compliance with this AD in from the surface for aircraft operating Authority: 49 U.S.C. 106(g), 40113, 44701. accordance with section 43.11 of the Federal under instrument flight rules (IFR) to Aviation Regulations (14 CFR 43.11). and from the Worcester Municipal § 39.13 [Amended] (e) Special flight permits may be issued in Airport during the times when the air 2. Section 39.13 is amended by accordance with sections 21.197 and 21.199 traffic control tower is closed. adding a new airworthiness directive of the Federal Aviation Regulations (14 CFR EFFECTIVE DATE: 0901 UTC, April 25, (AD) to read as follows: 21.197 and 21.199) to operate the sailplane 1996. to a location where the requirements of this 96–03–12 Glasflugel: Amendment 39–9509; AD can be accomplished. FOR FURTHER INFORMATION CONTACT: Docket No. 93–CE–02–AD. (f) An alternative method of compliance or Raymond Duda, System Management Applicability: Model Mosquito Sailplanes adjustment of the compliance times that Branch, ANE–533, 12 New England (all serial numbers), certificated in any provides an equivalent level of safety, may be Executive Park, Burlington, MA 01803– category. approved by the Manager, Small Airplane 5299; telephone (617) 238–7533; fax Note 1: This AD applies to each sailplane Directorate, FAA, 1201 Walnut, suite 900, (617) 238–7596. identified in the preceding applicability Kansas City, Missouri 64106. The request provision, regardless of whether it has been shall be forwarded through an appropriate SUPPLEMENTARY INFORMATION: modified, altered, or repaired in the area FAA Maintenance Inspector, who may add History subject to the requirements of this AD. For comments and then send it to the Manager, sailplanes that have been modified, altered, Small Airplane Directorate. On December 20, 1995, the FAA or repaired so that the performance of the Note 2: Information concerning the proposed to amend part 71 of the requirements of this AD is affected, the existence of approved alternative methods of Federal Aviation Regulations (14 CFR owner/operator must use the authority compliance with this AD, if any, may be part 71) to establish a Class E surface 6772 Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Rules and Regulations area at the Worcester Municipal Airport, List of Subjects in 14 CFR Part 71 SUMMARY: The amendments contained Worcester, MA (ORH). Since the air Airspace, Incorporation by reference, in this document are being published as traffic control tower (ATCT) at Navigation (air). interim regulations to implement certain Worcester does not operate statutory amendments to the Customs continuously, aircraft operating under Adoption of the Amendment laws regarding recordkeeping for instrument flight rules (IFR) to and from In consideration of the foregoing, the merchandise transported by pipeline Worcester did not have the benefit of Federal Aviation Administration and duty-free withdrawals from weather reports from the airport during amends 14 CFR part 71 as follows: Customs bonded warehouses of aircraft the times when the tower is closed. That turbine fuel. These statutory lack of continuous weather reporting PART 71Ð[AMENDED] amendments are contained in the required that the controlled airspace for Customs modernization provisions of Worcester could not extend to the 1. The authority citation for part 71 the North American Free Trade surface. Recently, however, an continues to read as follows: Agreement Implementation Act. Also, Automated Surface Observation System Authority: 49 U.S.C. 106(g), 40103, 40113, the interim regulations clarify the (ASOS) was commissioned at 40120; E.O. 10854. procedures applicable to aircraft turbine Worcester, making weather reporting fuel which is withdrawn from a § 71.1 [Amended] now available continuously. As result, Customs bonded warehouse for certain this action is necessary to establish 2. The incorporation by reference in duty-free use and is commingled with controlled airspace extending from the 14 CFR 71.1 of Federal Aviation other lots of fuel before being so used. surface for those aircraft operating to Administration Order 7400.9C, Airspace DATES: Interim rule effective April 8, and from Worcester under IFR during Designations and Reporting Points, 1996; comments must be received on or the times when the ATCT is closed. dated August 17, 1995, and effective before March 25, 1996. Interested parties were invited to September 16, 1995, is amended as ADDRESSES: Written comments participate in this rulemaking by follows: (preferably in triplicate) must be submitting written comments on the Subpart EÐClass E Airspace submitted to U.S. Customs Service, proposal to the FAA. One comment was * * * * * ATTN: Regulations Branch, Franklin received from the National Oceanic and Court, 1301 Constitution Avenue, NW., Atmospheric Administration’s Charting Paragraph 6002 Class E surface areas Washington, D.C. 20229, and may be extending upward from the surface of the inspected at the Regulations Branch, Division which noted a typographic earth. error in the description of the airspace 1099 14th Street, NW., Suite 4000, as published. The FAA has corrected * * * * * Washington, D.C. that error. Class E airspace designations ANE MA E2 Worcester, MA [New] FOR FURTHER INFORMATION CONTACT: for airspace areas extending upward Worcester Municipal Airport, MA William G. Rosoff, Office of Regulations from the surface of the earth in the (Lat. 42°16′02′′N, long. 71°52′32′′W) and Rulings, (202–482–7040). vicinity of airports are published in That airspace extending upward from the SUPPLEMENTARY INFORMATION: paragraph 6002 of FAA Order 7400.9C, surface within a 4.2-mile radius of Worcester dated August 17, 1995, and effective Municipal Airport. This Class E airspace area Background September 16, 1995, which is is effective during the specific dates and On December 8, 1993, the President of incorporated by reference in 14 CFR times established in advance by a Notice to the U.S. signed into law the North Airmen. The effective dates and times will 71.1. The Class E airspace designation American Free Trade Agreement listed in this document would be thereafter be continuously published in the Airport/Facility Directory. Implementation Act (Pub. L. 103–182, published subsequently in this Order. 107 Stat. 2057). Title VI of this Act, * * * * * The Rule Issued in Burlington, MA, on February 13, popularly known as the Customs 1996. Modernization Act (the Act) amended This amendment to part 71 of the Eileen Seaman, certain Customs laws. Section 664 of the Federal Aviation Regulations (14 CFR Act amended the Customs laws by the part 71) establishes Class E airspace at Acting Manager, Air Traffic Division, New England Region. insertion of a new section 553a, Tariff ORH. The FAA has determined that this Act of 1930 (19 U.S.C. 1553a), and [FR Doc. 96–3863 Filed 2–21–96; 8:45 am] regulation only involves an established section 665 of the Act amended section body of technical regulations for which BILLING CODE 4910±13±M 557(a), Tariff Act of 1930, as amended frequent and routine amendments are (19 U.S.C. 1557(a)). necessary to keep them operationally Under the new 19 U.S.C. 1553a, current. Therefore this regulation (1) Is DEPARTMENT OF THE TREASURY merchandise in Customs custody that is not a ‘‘significant regulatory action’’ transported by pipeline may be under Executive Order 12866; (2) is not Customs Service accounted for on a quantitative basis. a ‘‘significant rule’’ under DOT The term ‘‘merchandise in Customs Regulatory Policies and Procedures (44 19 CFR Parts 10, 18 and 113 custody,’’ is meant to comprise bonded FR 11034; February 26, 1979); and (3) [T.D. 96±18] merchandise (e.g., merchandise which does not warrant preparation of a has not been entered for consumption, Regulatory Evaluation as the anticipated RIN 1515±AB67 including merchandise transported in impact will be so minimal. Since this bond, merchandise from a Customs routine matter will only affect air traffic Warehouse Withdrawals; Aircraft Fuel bonded warehouse, or merchandise procedures and air navigation, it is Supplies; Pipeline Transportation in from a foreign trade zone) (see certified that this rule will not have Bond of Merchandise legislative history for this provision in significant economic impact on a AGENCY: Customs Service, Treasury. H.R.Rep.No. 103–361, 103d Cong., 1st substantial number of small entities Sess., Pt. 1, 150–151 (1993), and ACTION: Notice of interim regulations, under the criteria of the Regulatory S.Rep.No. 103–189, 103d Cong., 1st solicitation of comments. Flexibility Act. Sess., 97 (1993)). Section 1553a Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Rules and Regulations 6773 provides for the use of the bill of lading exclusively between Hawaii or Alaska amendment to 19 U.S.C. 1557(a) or equivalent document of receipt, and any airport or Pacific coast seaport effected by section 665 of the Act. It is issued by the pipeline carrier to the of the U.S. true that the legislative history to shipper and accepted by the consignee, Under the amended 19 U.S.C. 1557(a), section 637 of the Act amending the to account for the quantity of duties are required to be deposited on statute governing formal entry (19 merchandise transported and to turbine fuel which was withdrawn in U.S.C. 1484) indicates that Congress maintain the identity of that excess of the quantity shown to have intended that Customs, in developing merchandise. Unless Customs has been used under 19 U.S.C. 1309 during regulations for periodic entry, should reasonable cause to suspect fraud, the the 30-day period following withdrawal allow for weekly and monthly entries provision authorizes Customs to accept of the fuel. Such duties must be for merchandise shipments from general the bill of lading, or equivalent deposited by the 40th day after the date purpose foreign trade zones and document of receipt, for this purpose. of withdrawal of the fuel. Interest on the subzones (see H.Rep.No. 361, ibid., at Under 19 U.S.C. 1553a, the shipper, duties is payable from the date of 136). The amendments effected by pipeline operator, and consignee are withdrawal. section 637 of the Act, however, are subject to the recordkeeping The background to, and reasons for, general amendments regarding formal requirements of sections 508 and 509, the amendment to 19 U.S.C. 1557(a) are entry requirements and procedures, Tariff Act of 1930, as amended (19 explained in the legislative history for under which amendments to the U.S.C. 1508, 1509). the Act (H.Rep.No. 361, ibid., and regulations governing formal entry (see The background to, and reasons for, S.Rep.No. 189, ibid.). According to these parts 141, 142, and 143) are under the addition of 19 U.S.C. 1553a to the reports, the nature of major airport consideration. By contrast, the sections Customs laws are explained in the fueling systems is that different lots of the Act implemented by this legislative history for the Act (H.Rep.No. (bonded, imported, domestic, etc.) of document are specific provisions 361, ibid., and S.Rep.No. 189, ibid.). turbine fuel are commingled in a relating to the subject matter of this Currently, there is no provision in the common hydrant system. Under the law document, and not to removals of Customs laws or regulations governing and regulations before the amendment turbine fuel from foreign trade zones. As the transportation of bonded of 19 U.S.C. 1557(a), Customs stated above, no such provision (i.e., merchandise by pipeline. The general considered withdrawal of fuel from specifically governing removal from a provisions currently governing storage tanks at airports into the foreign trade zone of turbine fuel for use transportation in bond (entry for common hydrant system as withdrawal on qualifying flights under 19 U.S.C. immediate transportation and entry for from bonding. Therefore, in order for 1309) was enacted in the Act. Therefore, transportation and exportation; sections such bonded fuel to qualify for the duty- because this document is intended to 552 and 553, Tariff Act of 1930, as free treatment authorized under 19 implement the specific provisions amended (19 U.S.C. 1552, 1553)), do not U.S.C. 1309, Customs required daily effected by sections 664 and 665 of the authorize the commingling of bonded accounting for the commingled bonded Act, no specific provision is merchandise with non-bonded fuel. promulgated in this document merchandise in the transportation. Most According to the industry, identifying providing for periodic entries of turbine merchandise transported by pipeline is the turbine fuel which is used for flights fuel removed from a foreign trade zone commingled and is susceptible to qualifying under 19 U.S.C. 1309 and for use on qualifying flights under 19 quantitative accounting (see H.Rep.No. that used for non-qualifying flights at U.S.C. 1309. (We do note, however, that 189, ibid.). Analogous to the amendment the time that turbine fuel is entered into the regulations implementing section to 19 U.S.C. 1557(a) (discussed below), the common hydrant system is 664 of the Act may affect turbine fuel the new provision permits the effective impracticable and, if possible, would removed from a foreign trade zone and use of modern fuel transportation result in great administrative expense transported by pipeline to the location systems and will reduce administrative and excessive paperwork. Alternatively, where it may be loaded on qualifying costs and paperwork for the industry requiring multiple hydrant systems (for flights under 19 U.S.C. 1309.) and the Government. different lots of turbine fuel) is Under the amendment to 19 U.S.C. physically impracticable at most Pipeline Transportation in Bond 1557(a), turbine fuel may be withdrawn airports and would also result in great The Customs Regulations generally from a Customs bonded warehouse for expense. pertaining to the transportation of use under section 309, Tariff Act of According to this legislative history, merchandise in bond are currently 1930, as amended (19 U.S.C. 1309), the amendment to 19 U.S.C. 1557(a) will found in part 18. These interim without the payment of duty if an permit the effective use of modern regulations implement the new 19 amount equal to the quantity of fuel fueling systems at U.S. airports. It will U.S.C. 1553a by the addition to part 18 withdrawn is shown to be used as also permit the intended use of existing of a new § 18.31. Generally, this new provided for in section 1309 within 30 law (i.e., 19 U.S.C. 1309) permitting the § 18.31 provides that merchandise may days of withdrawal. Under section 1309, duty-free withdrawal of supplies for be transported by pipeline under the in part, articles may be withdrawn from qualifying aircraft. Further, it will procedures provided for in part 18, any Customs bonded warehouse free of substantially reduce administrative unless otherwise specifically provided. duty for supplies of foreign or U.S. costs and paperwork for the industry The new § 18.31 provides for the vessels or aircraft actually engaged in and administrative costs for the acceptance by Customs of a bill of foreign trade or trade between the U.S. Government. lading or equivalent document of and any of its possessions, or between Because Customs is aware of some receipt to account for the quantity of Hawaii and any other part of the U.S. or confusion regarding the possibility of merchandise transported and to between Alaska and any other part of similar treatment of turbine fuel maintain the identity of the the U.S. Section 1309 contains an removed from a foreign trade zone for merchandise, under the circumstances exception under which the provisions flights qualifying under 19 U.S.C. 1309, provided in the statute (i.e., the bill of for free withdrawals in that section are we are noting in this document that lading or equivalent document of not applicable to petroleum products for there is no provision for foreign trade receipt must be issued by the pipeline vessels or aircraft in voyages or flights zones in the Act similar to the operator to the shipper and accepted by 6774 Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Rules and Regulations the consignee and there must be no establishing the quantity and identity of Withdrawal of Fuel From Warehouse reasonable cause for Customs to suspect the merchandise transported. The Customs Regulations pertaining fraud). In cases in which the initial carrier to the withdrawal of merchandise from Basically, the new § 18.31 adopts the transfers or transships merchandise to a Customs bonded warehouse are found current procedures for transportation in another conveyance or carrier, the new in part 144. Under § 144.35, the bond, as applicable to pipeline § 18.31 generally adopts the procedures withdrawal from warehouse of supplies transportation. That is, generally, and equipment for vessels and aircraft merchandise to be transported in bond in the current provision for are provided for in subpart D of part 144 between ports in the U.S. is delivered to transshipment (§ 18.3). Basically, those and §§ 10.59 through 10.65. The latter a common carrier, contract carrier, procedures require the in-bond contain specific provisions on the duty- freight forwarder, or private carrier document accompanying the free treatment of supplies for foreign or bonded for that purpose. The carrier merchandise to be presented to Customs U.S. vessels and aircraft actually prepares an in-bond document and at the place of transshipment for takes receipt of the merchandise. The execution of a certificate of transfer on engaged in foreign trade under 19 U.S.C. in-bond document (which also serves as the document. The notated document 1309. Pursuant to § 10.59(d), although the transportation entry or withdrawal), then accompanies the merchandise to the provisions in §§ 10.59 through 10.64 with receipt of the merchandise by the its port of destination or exportation. If are written in terms of vessels, they are carrier noted thereon, together with a the merchandise is to be transshipped to made applicable to aircraft insofar as Customs control card or carnet, is used more than one conveyance, additional they may be so applicable. Specific as the in-bond manifest for the copies of the in-bond document are provisions for the withdrawal of fuel as merchandise to its port of destination. required. supplies under 19 U.S.C. 1309 for Delivery of the merchandise at the vessels or aircraft are provided in In addition to these procedures, the § 10.62. port of destination is required within 30 new § 18.31 provides that, if a pipeline days after the date of receipt by the These interim regulations implement is the initial carrier, a copy of the bill the amendment to 19 U.S.C. 1557(a) by carrier at the port of origin, or 60 days of lading or equivalent document of after such date if the merchandise is the addition of a new § 10.62b to part receipt shall be delivered to the person transported on board a vessel engaged in 10. Under the new § 10.62b, turbine fuel in charge of the conveyance to which the coastwise trade (except for transit air intended for use as supplies on aircraft the merchandise is transferred, and if cargo in which case 10 days is given, under 19 U.S.C. 1309 which is under § 122.118). Within 2 days of the merchandise is transferred to more withdrawn from a Customs bonded arrival of the merchandise at the port of than one conveyance, to the person in warehouse is entitled to duty-free destination, the delivering carrier is charge of each of the conveyances. If the treatment under 19 U.S.C. 1309 if an required to report the arrival to Customs initial carrier is not a pipeline, the new amount equal to or exceeding the by surrendering the in-bond manifest to § 18.31 provides for the delivery, along quantity of such fuel is established to Customs at that port. with the in-bond document, of the bill have been used on aircraft qualifying for Under its bond, the initial carrier is of lading or equivalent document of duty-free treatment under 19 U.S.C. responsible for any shortage, irregular receipt issued by the pipeline operator 1309 within 30 days after the delivery, or nondelivery at the port of to the shipper to the appropriate withdrawal of the fuel from the Customs destination or exportation. Specific Customs official at the port of bonded warehouse. For the procedures provision is made for transshipment to destination or exportation. As is for such withdrawals, § 10.62b adopts one or more other conveyances, currently provided in § 18.3, the in- the procedures now provided for in diversion to a different port, the bond document will be executed by §§ 10.59 through 10.65. Section 10.62b different kinds of transportation entry or Customs with the certificate of transfer provides that withdrawals under that withdrawal which may be made (i.e., for in either case (i.e., if a pipeline is the provision shall be annotated to show the immediate transportation, exportation, initial carrier or if the initial carrier is kind of withdrawal. and transportation and exportation), not a pipeline). If less fuel than was withdrawn is change of the foreign destination of The new § 18.31 also makes it clear, used within 30 days of withdrawal on merchandise entered or withdrawn for as is currently provided in part 18 (see qualifying aircraft, a withdrawal for transportation and exportation, § 18.8), that the initial carrier is consumption must be filed and duties retention of merchandise on the dock, responsible for any discrepancies, must be paid for the excess of fuel and the splitting of a shipment of including shortages, irregular deliveries, withdrawn over that used on qualifying aircraft. The withdrawal for merchandise for exportation. or nondeliveries at the port of In addition to incorporating these consumption must be filed and the destination or exportation. As provided general requirements, the new § 18.31 duties must be paid, with interest, by in 19 U.S.C. 1553a, the new § 18.31 provides for the inclusion of the bill of the 40th day after the date of provides that the shipper, pipeline lading or equivalent document of withdrawal of the fuel. Interest is operator, and consignee are subject to receipt with the Customs in-bond calculated from the date of withdrawal the recordkeeping requirements in 19 document for merchandise to be at the rate of interest established under U.S.C. 1508 and 19 U.S.C. 1509, as transported in bond by pipeline. 26 U.S.C. 6621. Provided that there are no discrepancies provided in 19 CFR part 162. The new § 10.62b provides for two between the bill of lading or equivalent To make it clear to the public that the alternative ways of establishing use by document of receipt and the other Customs Regulations pertaining to qualifying aircraft of fuel in an amount documents making up the in-bond transportation in bond apply to equal to or exceeding the quantity of the manifest for the merchandise, and transportation by pipeline, the fuel withdrawn under the provision. provided that Customs has no definition of ‘‘common carrier’’ in In the first alternative, the person reasonable cause to suspect fraud, the § 18.1(a)(1) is amended to specifically withdrawing the aircraft turbine fuel bill of lading or equivalent document of include a common carrier of submits records (e.g., ‘‘uplift’’ or receipt is to be accepted by Customs at merchandise owning or operating a refueling tickets) prepared in the normal the port of destination or exportation as pipeline. course of business effecting the transfer Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Rules and Regulations 6775 to aircraft of fuel in an amount equal to and on which duties are not paid; or (3) the permit (§ 10.62b(g)(4)). The blanket or exceeding the quantity of the fuel the failure to promptly provide, upon permit may be revoked by Customs in withdrawn which is not entered and on request by Customs, the evidence favor of individual applications and which duties are not paid and objective required to support the claim for permits if the permit is found to be used evidence that the aircraft to which the treatment under the new § 10.62b. A for other purposes or if necessary to fuel was transferred were actually used conforming amendment is made to protect the revenue or properly enforce in trade qualifying for the privileges § 113.62, containing the basic any law or regulation administered by provided in 19 U.S.C. 1309. These importation and entry bond conditions. Customs (§ 19.6(d)(1)). Withdrawals records must identify the aircraft to The new § 10.62b provides that under an approved blanket permit may which the fuel is transferred by aircraft ‘‘blanket’’ withdrawals, under existing be made without any further Customs company name, flight number, flight regulations except as specifically approval and are documented by the origin and destination, and date of provided in the provision, may be used placement in the warehouse proprietor’s flight, or other means of identification for withdrawals under this provision. permit file folder of a copy of a satisfactory to Customs. Under a blanket withdrawal, all or part commercially acceptable document of In the second alternative, the person of the merchandise entered into a receipt (such as a ‘‘withdrawal ticket’’) withdrawing the aircraft turbine fuel warehouse may be withdrawn, at issued by the warehouse proprietor, files a certification (documentary or different times if desired, without identified with a unique alpha-numeric electronic) certifying: (1) The intended further Customs approval (i.e., after code (§§ 19.6(d)(2) and 10.62b (g)(4) and use under 19 U.S.C. 1309 of all of the approval of the blanket permit) (see 19 (g)(5)). These documents of receipt are fuel withdrawn; (2) the transfer to CFR 19.6(d)). required to contain the identity of the qualifying aircraft within 30 days of the Because it is anticipated that blanket withdrawer, identity of the warehouse date of withdrawal from warehouse of withdrawals will be the predominant and tank from which the fuel is an amount of fuel equal to or exceeding form of withdrawal under the amended withdrawn, date of withdrawal, type of the quantity of the fuel withdrawn 19 U.S.C. 1557(a) and because of the merchandise withdrawn, and quantity which is not entered and on which need for certainty as to the time of of merchandise withdrawn duties are not paid; (3) the use of all withdrawal under the amended 19 (§ 10.62b(g)(5) (i) through (v)). aircraft onto which the fuel, which is U.S.C. 1557(a), we are describing in For blanket withdrawals, the date of not entered and on which duties are not detail the requirements and procedures withdrawal, for purposes of calculating paid, was uplifted in trade qualifying for for blanket withdrawals under § 10.62b. the 30-day period in which fuel must be treatment under 19 U.S.C. 1309; and (4) As noted above, unless otherwise used on qualifying aircraft under 19 that the person making the certification provided in § 10.62b, these procedures U.S.C. 1557(a), begins with the date on has evidence (documentary or are provided for in existing regulations, which physical removal of the fuel from electronic) available for Customs specific provisions of which are cited in the warehouse commences inspection at a named place which the following description, along with (§ 10.62b(g)(6)). That is, if removal of supports each of these statements. citations to the appropriate paragraphs fuel begins at 10:00 PM on ‘‘day one’’ Under the second alternative, the person in the new § 10.62b. and is not completed until some time on making the certification must promptly As is true currently under § 10.62, ‘‘day two’’ or later, all of the fuel must provide evidence supporting the claim, blanket withdrawals under § 10.62b may be used on qualifying aircraft within 30 including the records described in the only be used when all of the turbine fuel days from ‘‘day one’’ to qualify for other alternative means of establishing in a Customs bonded tank is intended treatment under that provision. use of the fuel on a qualifying aircraft only for loading duty-free as supplies on If, within the 30-day period following (above), upon request by Customs. The aircraft qualifying for the privileges withdrawal under a blanket permit, less records or certification are required to provided for in 19 U.S.C. 1309 fuel is used on qualifying aircraft than be submitted to Customs by the 40th (§ 10.62(a)). Unlike other blanket was withdrawn, a withdrawal for day after the date of withdrawal of the withdrawals (see §§ 10.62(a) and consumption must be filed and duties fuel unless the fuel was withdrawn 19.6(d)(1)), turbine fuel withdrawn must be paid for the excess of fuel under a blanket permit to withdraw, in under these blanket withdrawal withdrawn over that used on qualifying which case the records or certification procedures may be delivered at ports aircraft. As provided by the amended 19 are required to be submitted by the 40th other than the port of withdrawal U.S.C. 1557(a) and these interim day after all of the fuel covered by the (§ 10.62b(g)(2)). regulations (§ 10.62b(e)), the withdrawal blanket permit has been withdrawn. Applications for permission for for consumption must be filed and the The new § 10.62b provides for blanket withdrawals under § 10.62b are duties must be paid, with interest, by liquidated damages against the person filed with Customs by the withdrawer the 40th day after the date of withdrawing turbine fuel under the on the warehouse entry, or on the withdrawal of the fuel. section, under the provisions of warehouse entry/entry summary when When all of the fuel covered by an § 113.62, for failure to account for such used as an entry (§ 10.62b(g)(1)). The entry for which a blanket permit to turbine fuel. Failure to account for such warehouse entry or entry/entry withdraw was issued has been turbine fuel includes: (1) The failure to summary must be annotated to indicate withdrawn, the warehouse proprietor file, within 40 days from the date of that permission for blanket withdrawal prepares a blanket permit summary on withdrawal, a withdrawal for is sought (§§ 19.6(d)(1) and a copy of Customs Form 7506 or a form consumption and pay applicable duty, 10.62b(g)(1)). Customs acceptance of a on the letterhead of the proprietor, with interest, on the quantity of fuel properly completed application for a bearing the words ‘‘BLANKET PERMIT withdrawn in excess of the quantity of blanket permit to withdraw constitutes SUMMARY’’ in capital letters fuel established to have been used on approval of the blanket permit to conspicuously printed or stamped in the qualifying aircraft within 30 days of withdraw (§ 10.62b(g)(3)). top margin (§§ 19.6(d)(4) and withdrawal; (2) the failure to timely file A copy of the approved blanket 10.62b(g)(7)). The blanket permit the evidence or certification, provided permit to withdraw is delivered to the summary is required to provide an for in the new § 10.62b, establishing warehouse proprietor after which fuel accounting of the disposition of the such use of the fuel which is not entered may be withdrawn under the terms of merchandise covered by the blanket 6776 Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Rules and Regulations permit by stating, in summary form, the under 19 U.S.C. 1309. Generally, under fuel. The commingled fuel must be unique alpha-numeric codes for, and these rulings, dated October 20, 1989 accounted for in the same 24-hour information required on the withdrawal (File: 221483), May 8, 1990 (File: period in which it was commingled and documents, as well as the identity of the 222258), and April 29, 1991 (File: must be exported or used under 19 warehouse entry to which the 222914), Customs permitted such U.S.C. 1309 within that 24-hour period withdrawals are attributed (§§ 19.6(d)(4) commingling if two basic conditions or entered or withdrawn for and 10.62b(g)(7)). The warehouse were met. The first of these conditions consumption, with duty deposited, as proprietor is required to certify on the was that the hydrant system must be required under the appropriate blanket permit summary that the physically configured so that once the regulations (see part 144). As noted merchandise listed therein was fuel from the warehouse was introduced above, the specific provision for the withdrawn in compliance with §§ 10.62, or commingled into the single hydrant duty-free withdrawal of aircraft turbine 10.62b, and 19.6(d) (§§ 19.6(d)(4) and system, it could not be removed fuel from a Customs bonded warehouse 10.62b(g)(8)). The blanket permit otherwise than by being pumped into if the fuel is used on an aircraft summary is placed in the warehouse aircraft. The second of these conditions qualifying for duty-free treatment under proprietor’s permit file folder and was that the commingled fuel must be 19 U.S.C. 1309, provided for in the treated as provided in § 19.12, regarding accounted for on the basis of a 24-hour amendment to 19 U.S.C. 1557(a) and warehouse recordkeeping, storage, and accounting period (i.e., entry must be paragraphs (b) through (h) of § 10.62b, is security requirements (§ 19.6(d)(4)). made and duty paid for any quantity of an exception from the above-described By the 40th day after all of the fuel the fuel from the warehouse which was general rule. covered by the blanket permit has been introduced into the hydrant system Delayed Effective Date and Public withdrawn, the person withdrawing when a like quantity was not loaded on Comment Requirements aircraft turbine fuel is required to aircraft qualifying for duty-free submit to Customs either the records or treatment under 19 U.S.C. 1309 within The agency intends that these interim the evidence provided for in § 10.62b(c) 24 hours of the introduction of the fuel regulations will become effective on the (§ 10.62b(d) and (g)(9)). Discretionary from the warehouse into the hydrant 45th day following the date of authority is given to the port director to system). The rulings held that the publication, i.e., 15 days after the close require submission of a summary of requirement for accounting on the basis of the comment period. The agency these records or evidence, along with of a 24-hour period meant that the fuel believes it has good cause under 5 the evidence required to establish use of from the warehouse introduced or U.S.C. 553(b)(B) and 553(d) (1) and (3) fuel on qualifying aircraft, in electronic commingled into the single hydrant of the Administrative Procedure Act form. Such submissions must be in a system must be loaded onto a qualifying (APA) (5 U.S.C. 553) to promulgate format compatible with Customs aircraft in the same 24-hour period interim regulations because the systems (§ 10.62b(g)(9)). (defined as a 24 hour period beginning regulations provide an immediate The new § 10.62b provides that the at 12:01 a.m. and ending at 12:00 benefit to both the Government and the person withdrawing aircraft turbine fuel midnight). The legislative history for the public by reducing administrative costs from warehouse under the provision is amendment to 19 U.S.C. 1557(a), and paperwork pursuant to specific subject to the recordkeeping described above, recognized and statutory authority. These interim requirements in 19 U.S.C. 1508 and 19 confirmed the foregoing Customs regulations are intended to implement U.S.C. 1509, as provided for in part 162. interpretations of the then applicable Congressional intent embodied in Conforming amendments are made to law and regulations. sections 553a and 557(a), Tariff Act of the general provisions for withdrawal As stated above, the position taken in 1930, as amended (19 U.S.C. 1553a and under 19 U.S.C. 1309 in §§ 10.60 and these rulings is implemented in the new 1557(a)), and specifically stated in the 10.62. In the case of the amendment to § 10.62b. Paragraph (a) of that section legislative history to those provisions, as § 10.60, the amendment concerns the contains a provision making the described above. general requirement that supplies to be position taken in these rulings the Furthermore, existing rights and used at a port other than the port of general rule. That is, paragraph (a) obligations are not changed otherwise withdrawal from warehouse must be provides that, unless otherwise than as authorized by the new statutory withdrawn on a withdrawal for provided (the provision for withdrawal provisions. The agency believes that the transportation in bond. The amendment from warehouse under the amended 19 affected public wants these new makes it clear that this general U.S.C. 1557(a), provided for in the other statutory provisions to become effective requirement is inapplicable in the case paragraphs of § 10.62b, does, of course, as soon as possible so that the public of withdrawals under the new § 10.62b. otherwise provide), aircraft turbine fuel can benefit from the efficiencies and In the case of the amendment to § 10.62, withdrawn from a Customs bonded savings resulting therefrom. In addition, the amendment alerts the public to the warehouse for use under 19 U.S.C. 1309 the agency does not believe the public fact that there is an alternative provision may be commingled with domestic or needs time to conform its conduct so as for aircraft turbine fuel withdrawn from other aircraft turbine fuel only upon to avoid violation of these regulations warehouse, provided for in § 10.62b, to approval by the authorized Customs (i.e., because the new provisions are the general procedures and official. Customs approval for such permissive, not restrictive). The due and requirements for withdrawal of bunker commingling would have to be obtained timely execution of the agency’s fuel under 19 U.S.C. 1309. under the appropriate provisions in the responsibilities would be unnecessarily The interim regulation also Customs Regulations (subpart D of part impeded by a time consuming notice promulgates by regulation, in the new 144). and comment period. The agency § 10.62b, a position taken by Customs in Under paragraph (a) of § 10.62b, the believes such delay is unnecessary interpretative rulings regarding the authorized Customs official may because it does not expect the public to commingling in a single hydrant fueling approve such commingling if the fueling object to the regulations being system of aircraft turbine fuel from a system in which the commingling promulgated as they merely provide the Customs bonded warehouse with occurs contains physical safeguards relief that Congress intended. domestic or other fuel when the fuel preventing the possible unauthorized Even though, based on the discussion from the warehouse is intended for use entry into the Customs territory of the set forth above, Customs believes the Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Rules and Regulations 6777 amendments in this document may be Regulatory Flexibility Act and List of Subjects promulgated on an interim basis and Executive Order 12866 19 CFR Part 10 could be effective immediately, Customs is providing a 45-day delayed effective Since this document is not subject to Customs duties and inspection, date, with a 30-day comment period the notice and public procedure Exports, Imports, Reporting and preceding that effective date. This requirements of 5 U.S.C. 553, it is not recordkeeping requirements, Shipments. subject to the provisions of the represents a practical compromise 19 CFR Part 18 between the need for temporal urgency Regulatory Flexibility Act (5 U.S.C. 601 et seq.). This document is not a and the desirability for public Bonded transportation, Common ‘‘significant regulatory action’’ under participation in the rulemaking process. carriers, Customs duties and inspection, E.O. 12866. Exports, Imports. In the spirit of the APA, the agency is soliciting public comment regarding Paperwork Reduction Act 19 CFR Part 113 both the substance of these interim This regulation is being issued Common carriers, Customs duties and regulations and Customs decision to without prior notice and public inspection, Exports, Freight, promulgate these regulations on an procedure pursuant to the Laboratories, Reporting and interim basis with the effective date Administrative Procedure Act (5 U.S.C. recordkeeping requirements, Surety delayed for that period of time 553). For this reason, the collection of bonds. necessary to review any relevant information contained in this regulation Amendments comments. Unless the comments show has been reviewed and, pending receipt that there exists good cause for not and evaluation of the public comments, Title 19, Chapter I, parts 10, 18 and making the regulations effective on an approved by the Office of Management 113 of the Customs Regulations (19 CFR interim basis, the regulations will and Budget (OMB) in accordance with parts 10, 18 and 113) are amended as set become effective on an interim basis on the requirements of the Paperwork forth below: the 45th day following the date of Reduction Act (44 U.S.C. 2507) under publication. control number 1515–0209. PART 10ÐARTICLES CONDITIONALLY FREE, SUBJECT TO A REDUCED Comments The collection of information in this RATE, ETC. regulation is in § 10.62b. This Consequently, the agency hereby information is required by Customs to 1. The general authority for part 10 solicits comments on both the substance ensure compliance with the statute continues to read as follows, and of these regulations and their intended authorizing the described procedure. specific authority, for new § 10.62b, is effective date. The comments should This information will be used to verify added as follows: clearly state whether they address the that turbine fuel withdrawn from a Authority: 19 U.S.C. 66, 1202 (General substance of the interim rule or the Customs bonded warehouse under 19 Note 20, Harmonized Tariff Schedule of the agency’s determination to make the rule U.S.C. 1557(a) is used on aircraft United States (HTSUS)), 1321, 1481, 1484, effective on an interim basis. If, based qualifying for duty-free withdrawal of 1498, 1508, 1623, 1624; on the comments, good cause is shown fuel supplies, as required under the law. * * * * * that the regulations should not become The likely recordkeepers are businesses. § 10.62b also issued under 19 U.S.C. effective on an interim basis, a Estimated total annual reporting and/ 1557; document will be issued withdrawing or recordkeeping burden: 240 hours. * * * * * the interim regulations before their Estimated average annual burden 2. Section 10.60 is amended by effective date. If no such good cause is hours per recordkeeper: 12 hours. revising the first sentence of paragraph shown, the interim regulations will go (d) to read as follows: into effect. The agency will then be able Estimated number of respondents to gain experience with the interim and/or recordkeepers: 20. § 10.60 Forms of withdrawals; bond. regulation, fully consider substantive Estimated annual frequency of * * * * * comments, and decide whether the responses: 12. (d) Except as otherwise provided in interim regulation needs amendment Comments concerning the collection § 10.62b, relating to withdrawals from before its promulgation as a final rule. of information and the accuracy of the warehouse of aircraft turbine fuel to be All substantive comments received estimated average annual burden, and used within 30 days of such withdrawal timely will be considered and will be suggestions for reducing this burden as supplies on aircraft under § 309, addressed in the final rule document. should be directed to the Office of Tariff Act of 1930, as amended, when Consideration will be given to any Management and Budget (OMB), the supplies are to be laden at a port written comments (preferably in Attention: Desk Officer for the other than the port of withdrawal from triplicate) that are timely submitted to Department of the Treasury, Office of warehouse, they shall be withdrawn for Customs. All such comments received Information and Regulatory Affairs, transportation in bond to the port of from the public pursuant to this notice Washington, D.C. 20503. A copy should lading. * * * of rulemaking will be available for also be sent to the Regulations Branch, * * * * * public inspection in accordance with Office of Regulations and Rulings, U.S. 3. Section 10.62 is amended by the Freedom of Information Act (5 Customs Service, 1301 Constitution revising the first sentence of paragraph U.S.C. 552), § 1.4, Treasury Department Avenue, N.W., Washington, D.C. 20229. (a) to read as follows: Regulations (31 CFR 1.4), and Drafting Information § 103.11(b), Customs Regulations (19 § 10.62 Bunker fuel oil. CFR 103.11(b)), during regular business The principal author of this document (a) Withdrawal under section 309, days between the hours of 9:00 a.m. and was Paul G. Hegland, Entry Rulings Tariff Act of 1930, as amended (19 4:30 p.m. at the Regulations Branch, Branch, U.S. Customs Service. However, U.S.C. 1309). Except as otherwise 1099 14th Street, NW., Suite 4000, personnel from other offices provided in § 10.62b, relating to Washington, D.C. participated in its development. withdrawals from warehouse of aircraft 6778 Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Rules and Regulations turbine fuel to be used within 30 days be in accordance with the procedures in (d) Time for establishment of use of of such withdrawal as supplies on §§ 10.59 through 10.64, unless fuel by qualifying aircraft. The person aircraft under section 309, Tariff Act of otherwise provided in this section. withdrawing aircraft turbine fuel under 1930, as amended (19 U.S.C. 1309), Withdrawals under this paragraph shall paragraph (b) of this section shall when all the bunker fuel oil in a be annotated with the term ‘‘Withdrawal submit the records or certification Customs bonded tank is intended only under 19 CFR 10.62b(b)’’. provided for in paragraph (c) of this for lading duty free as supplies on (c) Establishment of use of fuel by section by the 40th day after the date of vessels under section 309 at the port qualifying aircraft. withdrawal of the fuel unless the fuel where the tank is located, delivery of (1) The person withdrawing aircraft was withdrawn under a blanket the oil, by Customs bonded carrier, turbine fuel under paragraph (b) of this withdrawal under paragraph (g) of this cartman, or lighterman (including section shall establish that an aircraft section. If the fuel was withdrawn under bonded pipelines), under withdrawals qualifying for the privileges provided a blanket withdrawal, the person on Customs Form 7506, either single or for in section 309, Tariff Act of 1930, as withdrawing aircraft turbine fuel under blanket, may be made without the amended, used fuel in an amount equal this section shall submit the records or presence of a Customs officer. * * * to or exceeding the quantity of the fuel certification provided for in paragraph * * * * * withdrawn which is not entered and (c) of this section by the 40th day after 4. Section 10.62b is added to read as upon which duties are not paid by all of the fuel covered by the blanket follows: submitting to Customs, within the time permit to withdraw has been provided in paragraph (d) of this withdrawn. § 10.62b Aircraft turbine fuel. section, either— (e) Treatment of turbine fuel (a) General. Unless otherwise (i) Records prepared in the normal withdrawn but not used on qualifying provided, aircraft turbine fuel course of business effecting the transfer aircraft within 30 days. If turbine fuel is withdrawn from a Customs bonded to identified (e.g., by aircraft company withdrawn from a Customs bonded warehouse for use under section 309, name, flight number, flight origin and warehouse under paragraph (b) of this Tariff Act of 1930, as amended (19 destination, and date of flight) aircraft of section but fuel in an amount less than U.S.C. 1309), may be commingled with fuel in an amount equal to or exceeding the quantity withdrawn is established to domestic or other aircraft turbine fuel the quantity of the fuel withdrawn have been used within 30 days of the after such withdrawal only if such which is not entered and on which date of withdrawal from warehouse on commingling is approved by the duties are not paid and objective aircraft qualifying for the privileges appropriate Customs official for the port evidence that the aircraft to which the provided for in section 309, Tariff Act where the commingling occurs. The fuel was transferred were actually used of 1930, as amended, a withdrawal for appropriate Customs official may in trade qualifying for the privileges consumption shall be filed and duties approve such commingling if the fueling provided in section 309, Tariff Act of shall be deposited for the excess of fuel system in which the commingling will 1930, as amended; or so withdrawn over that used on aircraft occur contains adequate physical (ii) A certification (documentary or so qualifying. Such withdrawal shall be safeguards to prevent the possible electronic) that: filed and such duties shall be deposited unauthorized entry into the Customs (A) All of the fuel withdrawn was by the 40th day after the date of territory of the bonded fuel. Such intended for use on aircraft entitled to withdrawal of the fuel in accordance commingled fuel must be accounted for the privileges provided for in section with the procedures in § 144.38 of this in the same 24-hour period in which it 309; chapter. Interest shall be payable and was commingled and must be— (B) Within 30 days of the date of (1) Exported within that 24-hour withdrawal from warehouse, an amount deposited with such duties, calculated period; of fuel equal to or exceeding the from the date of withdrawal at the rate (2) Used under section 309 within quantity of the fuel withdrawn which is of interest established under 26 U.S.C. that 24-hour period; or not entered and on which duties are not 6621. (3) Entered or withdrawn for paid was transferred as supplies to (f) Liquidated damages. Failure to consumption, with duty deposited, as aircraft entitled to the privileges account for turbine fuel withdrawn required under the applicable provided for in section 309; under paragraphs (b) through (h) of this regulations (see part 144 of this (C) All of the aircraft, to which the section shall result in liquidated chapter). fuel which is not entered and on which damages against the person (b) Duty-free withdrawal from duties are not paid was transferred as withdrawing the turbine fuel, as warehouse of aircraft turbine fuel under supplies, were used in a trade provided provided for under § 113.62 of this section 557(a), Tariff Act of 1930, as for in section 309; and chapter. Such failure to account for amended (19 U.S.C. 1557(a)). Turbine (D) The person making the turbine fuel includes: fuel intended for use as supplies on certification possesses evidence (1) The failure to timely file the aircraft under section 309, Tariff Act of (documentary or electronic) available withdrawal for consumption and 1930, as amended, and withdrawn from for Customs inspection at a named place payment of duty, with interest, on the a Customs bonded warehouse shall be which supports each of the above quantity of fuel so withdrawn in excess entitled to the privileges provided for in statements. of the quantity of fuel established to section 309 if an amount equal to or (2) Upon request by Customs, the have been used on qualifying aircraft exceeding the quantity of such fuel is person who submits the certification within 30 days of withdrawal, as established, as provided for in provided for in paragraph (c)(1) of this provided for in paragraph (e) of this paragraph (c) of this section, to have section shall promptly provide the section; been used on aircraft qualifying for the evidence required to support the claim (2) The failure to timely file the privileges provided for in section 309 for treatment under this section evidence or certification establishing within 30 days after the withdrawal of (including the records described in such use of the fuel which is not entered the fuel from the Customs bonded § 10.62b(c)(1)(i)) and §§ 10.62 and and on which duties are not paid, as warehouse. Withdrawal of aircraft 19.6(d) and each of the statements in the provided for in paragraph (c) of this turbine fuel under this paragraph shall certification. section; or Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Rules and Regulations 6779

(3) The failure to promptly provide required by § 19.6(d)(4), by stating, in procedures in this part, as appropriate the evidence required to support the summary form, the unique alpha- and unless otherwise specifically claim for treatment under paragraph (b) numeric codes and information required provided for in this section. of this section, upon request by in paragraph (g)(5) of this section, as (b) Bill of lading to account for Customs, as provided for in paragraph well as the identity of the warehouse merchandise. Unless Customs has (c)(2) of this section. entry to which the withdrawal is reasonable cause to suspect fraud, (g) Blanket withdrawals. Blanket attributed; Customs shall accept a bill of lading or withdrawals, as provided for in §§ 10.62 (8) The certification on the blanket equivalent document of receipt issued and 19.6(d), may be used for permit summary (see § 19.6(d)(4)) shall by the pipeline operator to the shipper withdrawals from warehouse under be that the merchandise listed and accepted by the consignee to section 557(a), Tariff Act of 1930, as thereunder was withdrawn in account for the quantity of merchandise amended, and paragraphs (b) through compliance with §§ 10.62, 10.62b, and transported by pipeline and to maintain (h) of this section, under the procedures 19.6(d); and the identity of the merchandise. provided in §§ 10.62 and 19.6(d) except (9) The person withdrawing aircraft (c) Procedures when pipeline is only that— turbine fuel under these blanket carrier. When a pipeline is the only (1) Application by the withdrawer for procedures shall submit the records or carrier of bonded merchandise and there a blanket permit to withdraw shall be on certification provided for in § 10.62b(c) is no transfer to another carrier, the bill the warehouse entry, or on the by the 40th day after all of the fuel of lading or equivalent document of warehouse entry/entry summary when covered by the blanket permit has been receipt issued by the pipeline operator used as an entry, annotated with the withdrawn (see § 10.62b(d)). At the to the shipper shall be included with, words ‘‘Some or all of the merchandise discretion of the port director for the and made a part of, the Customs in-bond will be withdrawn under blanket permit port where blanket withdrawal was document (see § 18.2(b)). If there are no per §§ 10.62, 10.62b, and 19.6(d).’’; approved, submission of the records and discrepancies between the bill of lading (2) Turbine fuel withdrawn under a evidence required to establish use of the or equivalent document of receipt and blanket permit as authorized in this fuel on qualifying aircraft may be the other documents making up the in- paragraph may be delivered at a port required to be submitted electronically, bond manifest for the merchandise, and other than the port of withdrawal; in a format compatible with Customs provided that Customs has no (3) Customs acceptance of a properly electronic record-keeping systems. reasonable cause to suspect fraud, the completed application for a blanket (h) Recordkeeping. The person bill of lading or equivalent document of permit to withdraw, on the warehouse withdrawing aircraft turbine fuel from receipt shall be accepted by Customs at entry or warehouse entry/entry warehouse under this section is subject the port of destination or exportation summary, will constitute approval of to the recordkeeping requirements in 19 (see §§ 18.2(d) and 18.7) as establishing the blanket permit to withdraw; U.S.C. 1508 and 1509, as provided for the quantity and identity of the (4) A copy of the approved blanket in part 162 of this chapter. merchandise transported. The pipeline permit to withdraw will be delivered to operator shall be responsible for any the warehouse proprietor, whereupon PART 18ÐTRANSPORTATION IN discrepancies, including shortages, fuel may be withdrawn under the terms BOND AND MERCHANDISE IN irregular deliveries, or nondeliveries at of the blanket permit; TRANSIT the port of destination or exportation (5) The withdrawal document to be (see § 18.8). 1. The general authority for part 18 is placed in the proprietor’s permit file (d) Procedures when there is more revised to read, and specific authority folder (see § 19.6(d)(2)) will be a than one carrier (i.e., transfer of the for new § 18.31 is added, as follows: commercially acceptable document of merchandise). receipt (such as a ‘‘withdrawal ticket’’) Authority: 5 U.S.C. 301, 19 U.S.C. 66, 1202 (1) Pipeline as initial carrier. When a issued by the warehouse proprietor, (General Note 20, HTSUS), 1551, 1552, 1553, pipeline is the initial carrier of bonded identified with a unique alpha-numeric 1624; merchandise and the merchandise is code and containing the following * * * * * transferred to another conveyance information: § 18.31 also issued under 19 U.S.C. (either a different mode of (i) Identity of withdrawer; 1553a. transportation or a pipeline operated by (ii) Identity of warehouse and tank 2. Section 18.1 is amended by revising another operator), the procedures in from which fuel is withdrawn; the second sentence of paragraph (a)(1) § 18.3 and paragraph (c) of this section (iii) Date of withdrawal; to read as follows: shall be followed, except that— (i) When the merchandise is to be (iv) Type of merchandise withdrawn; § 18.1 Carriers, application to bond. and transferred to one conveyance, a copy of (v) Quantity of merchandise (a)(1) * * * For the purposes of this the bill of lading or equivalent withdrawn. section, the term ‘‘common carrier’’ document issued by the pipeline (6) The date of withdrawal, for means a common carrier of merchandise operator to the shipper shall be purposes of calculating the 30-day owning or operating a railroad, delivered to the person in charge of the period in which fuel must be used on steamship, pipeline, or other conveyance for delivery, along with the qualifying aircraft under this section, transportation line or route. * * * in-bond document, to the appropriate shall be the date on which physical * * * * * Customs official at the port of removal of the fuel from the warehouse 3. Part 18 is amended by adding a destination or exportation; or commences; center heading and new § 18.31, (ii) When the merchandise is to be (7) The blanket permit summary following § 18.27, to read as follows: transferred to more than one prepared by the proprietor as provided Merchandise Transported by Pipeline conveyance, a copy of the bill of lading for in § 19.6(d)(4) shall be prepared or equivalent document issued by the when all of the fuel covered by the § 18.31 Pipeline transportation of bonded pipeline operator to the shipper shall be blanket permit has been withdrawn and merchandise. delivered to the person in charge of each shall account for all merchandise (a) General. Merchandise may be additional conveyance, along with the withdrawn under the blanket permit, as transported by pipeline under the two additional copies of the in-bond 6780 Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Rules and Regulations document, for delivery to the DEPARTMENT OF VETERANS Under Pub. L. 102–568, the limit on appropriate Customs official at the port AFFAIRS the amount of money that VA can pay of destination or exportation. in advance on a work-study contract has (2) Transfer to pipeline from initial 38 CFR Part 21 been changed. Formerly, that limit was carrier other than a pipeline. When RIN 2900±AG22 40 percent of the total amount payable bonded merchandise initially under the contract. Now the limit is the transported by a carrier other than a Veterans Education: Implementation of lesser of 40 percent of the total amount pipeline is transferred to a pipeline, the the Veterans' Benefits Act of 1992, the payable under the contract or 50 times procedures in § 18.3 and paragraph (c) National Defense Authorization Act for the applicable minimum hourly wage in of this section shall be followed, except Fiscal Year 1993, and the National effect on the date the contract is signed. that the bill of lading or other equivalent Defense Authorization Act for Fiscal Changes are made to 38 CFR 21.3145 document of receipt issued by the Year 1994 and 21.7145 to reflect these statutory provisions. pipeline operator to the shipper shall be AGENCY: Department of Veterans Affairs. delivered, along with the in-bond Pub. L. 102–484 includes the Service ACTION: Final rule. Members Occupational Conversion and document, to the appropriate Customs Training Act (SMOCTA) (sec. 4481 officer at the port of destination or SUMMARY: This document amends the through 4497, Pub. L. 102–484), which exportation. educational assistance and educational forbids receipt of educational assistance benefits regulations of the Department (3) Initial carrier liable for under any of the education programs of Veterans Affairs (VA). It makes discrepancies. In the case of either administered by VA when the veteran, changes concerning eligibility paragraph (d)(1) or (d)(2) of this section, servicemember, or other eligible person requirements for educational assistance the initial carrier shall be responsible is participating in a job training program and benefits, rates of payment for for any discrepancies, including under SMOCTA. Revisions are made to educational assistance, measurement of shortages, irregular deliveries, or 38 CFR 21.4131, 21.4135, 21.7131, and training time, approval of various types nondeliveries, at the port of destination 21.7135 to reflect these statutory of courses, and educational death or exportation (see § 18.8). provisions. benefits. These changes restate statutory (e) Recordkeeping. The shipper, Pub. L. 102–568 provides for later requirements and set forth VA’s ending dates when the veteran dies pipeline operator, and consignee are statutory interpretations. subject to the recordkeeping during the period covered by an DATES: requirements in 19 U.S.C. 1508 and This final rule is effective advance payment of educational 1509, as provided for in part 162 of this February 22, 1996. However, the assistance. Prior to the effective date of restatements of statute and VA’s chapter. Pub. L. 102–568, educational assistance statutory interpretations contained in was terminated effective the date the PART 113ÐCUSTOMS BONDS this final rule will be applied veteran died. However, Pub. L. 102–568 retroactively from the effective dates of provides that in the event of a death, the 1. The general authority for part 113 the statutory provisions. For more effective date of the termination will be continues to read as follows: information concerning the application the last date covered by the advance of statutes and statutory interpretations, Authority: 19 U.S.C. 66, 1623, 1624. payment. Revisions are made to 38 CFR see the SUPPLEMENTARY INFORMATION 21.4135 and 21.7135 to reflect these 2. Section 113.62 is amended by section. statutory provisions. revising the paragraph (b) introductory FOR FURTHER INFORMATION CONTACT: Pub. L. 102–568 prohibits State text to read as follows: June C. Schaeffer, Assistant Director for approving agencies from approving for Policy and Program Administration, VA educational assistance a course of § 113.62 Basic importation and entry bond Education Service, Veterans Benefits education that includes nonaccredited conditions. Administration, 202–273–7187. independent study. It also prohibits VA * * * * * SUPPLEMENTARY INFORMATION: from approving an enrollment in an (b) Agreement to Make or Complete Regulations concerning VA- independent study course unless the Entry. If all or part of imported administered educational assistance and course is accredited and leads to a merchandise is released before entry educational benefits are contained in 38 standard college degree. Revisions are under the provisions of the special CFR Part 21. The Veterans’ Benefits Act made to 38 CFR 21.4252, 21.7120, delivery permit procedures under 19 of 1992 (Pub. L. 102–568) amends 21.7122, 21.7220 and 21.7222 to reflect U.S.C. 1448(b), released before educational assistance provisions under these statutory changes. However, under completion of the entry under 19 U.S.C. the Montgomery GI Bill—Active Duty Pub. L. 102–568 these prohibitions do 1484(a), or withdrawn from warehouse and amends other provisions that affect not apply to any person receiving under 19 U.S.C. 1557(a) (see § 10.62b of work-study under the Survivors’ and educational assistance for pursuit of an this chapter), the principal agrees to file Dependents’ Educational Assistance independent study program in which within the time and in the manner program. The National Defense the person was enrolled on the date of prescribed by law and regulation, Authorization Act for Fiscal Year 1993 enactment of Pub. L. 102–568 (October documentation to enable Customs to: (Pub. L. 102–484) and the National 29, 1992) who remains ‘‘continuously *** Defense Authorization Act for Fiscal ** * enrolled’’ and otherwise meets * * * * * Year 1994 (Pub. L. 103–160) also amend the requirements for eligibility for such Michael H. Lane, provisions concerning educational assistance in effect on October 29, 1992. assistance under the Montgomery GI Revisions are made to §§ 21.4252 and Acting Commissioner of Customs. Bill—Active Duty. This document 21.7120 to restate these statutory Approved: October 4, 1995. contains a number of changes to the provisions. Also, the following John P. Simpson, regulations which merely reflect certain definition of ‘‘continuously enrolled’’ is Deputy Assistant Secretary of the Treasury. changes made by these public laws. added to 38 CFR 21.7020 to interpret [FR Doc. 96–3905 Filed 2–21–96; 8:45 am] These changes to the regulations are as what constitutes ‘‘continuously BILLING CODE 4820±02±P follows. enrolled’’: Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Rules and Regulations 6781

The term continuously enrolled means educational assistance under the course applies when there is a loss of being in an enrolled status at an educational Montgomery GI Bill—Active Duty, accreditation. If an independent study institution for each day during the school including detailed changes concerning course loses its accreditation (or the year, and for consecutive school years. continuous active duty, service in the educational institution offering the Continuity of enrollment is not broken by selected reserve, character of service for holiday vacations; vacation periods; periods course loses its accreditation), it is our during the school year between terms, retirees, and voluntarily discharged view that VA is required under the quarters, or semesters; or by nonenrollment veterans. Accordingly, changes are statutes controlling the Montgomery GI during periods of enrollment outside the made to 38 CFR 21.7020, 21.7032, Bill—Active Duty and Survivors’ and school year (e.g., summer sessions). 21.7042, 21.7044, 21.7045, and 21.7050 Dependents’ Educational Assistance to reflect these statutory changes. The Congress did not indicate that a programs, as amended by Pub. L. 102– Prior to the effective date of Pub. L. special meaning other than the common 568, to discontinue payments for such a 102–568, a death benefit was payable to course effective the date of the loss of meaning was intended for survivors of participants in the ‘‘continuously enrolled.’’ Therefore, we accreditation. The regulations are Montgomery GI Bill—Active Duty only amended by adding 38 CFR 21.4135(x) have concluded that the Congress if the participant died while on active intended that we interpret and 21.7135(z) to accomplish this duty. Pub. L. 102–568 now also permits purpose. ‘‘continuously enrolled’’ consistent with payment of the death benefit if the its common meaning and we have This final rule also makes participant dies within a year of nonsubstantive changes for clarity or to formulated the definition of discharge from active duty. ‘‘continuously enrolled’’ in accordance reflect statutory recodification changes. Accordingly, revisions are made to 38 The restatements of statute and with our understanding of the CFR 21.7280 to reflect this statutory statutory interpretations contained in Congressional intent. change. this final rule will be applied Pub. L. 102–568 repealed the special Pub. L. 102–568 also made changes to retroactively from the effective dates of provisions for determining students’ 38 U.S.C. 3015 concerning the monthly the statutory provisions. The dates of training time while enrolled in rates of educational assistance which application for such changes made by independent study, thereby making the VA is to pay to veterans and this document (and for certain of the determination of this training time the servicemembers pursuing a full-time nonsubstantive changes made for clarity same as that for resident training. program of education under the or to reflect statutory recodification Consequently, the monthly rates for Montgomery GI Bill—Active Duty. The changes) are as follows: educational assistance for independent final rule changes these rates in 38 CFR October 19, 1984: 38 CFR study and for resident study are based 21.7136 and 21.7137 to reflect these 21.7020(b)(5), 21.7020(b)(6)(i), and on the same formula. This eliminates statutory changes. These changes to 21.7020(b)(6)(ii). the basis for the provisions in 38 CFR §§ 21.7136 and 21.7137 also have the June 30, 1985 (to apply to training 21.4280 governing independent study effect of changing the rates for part-time received after August 31, 1993): course measurement. To reflect these training, cooperative training, and § 21.7136(a)(2)(ii)(C). statutory changes, rules dealing with the apprenticeship and other on-job June 30, 1985 (to apply to training approval of independent study courses training. 38 U.S.C. 3032 provides received after September 30, 1993): are set forth at 38 CFR 21.4267, and 38 formulas to determine the monthly rates §§ 21.7020(b)(6)(iii), 21.7020(b)(6)(iv), CFR 21.4280 is removed. for those students pursuing cooperative and 21.7072(b). Pub. L. 102–568 provides that training and those in apprenticeships October 28, 1986: §§ 21.7044(a), nonaccredited courses not leading to a and other on-job training. 38 U.S.C. 21.7044(b)(12), and 21.7050(b). standard college degree will be 3015(a) and (b) further state that the December 1, 1988: § 21.7042(c). measured for purposes of determining monthly rates of educational assistance October 23, 1992: §§ 21.4131(i), training time the same as for accredited to be paid to part-time students 21.4135(aa), 21.7032(a), 21.7032(f), courses that are neither leading to a receiving benefits under the 21.7042(b), 21.7042(f), 21.7045 (except standard college degree nor offered by Montgomery GI Bill—Active Duty is to (a)(1)(i)), 21.7131(j), 21.7135(aa), an institution of higher learning. Pub. L. be determined by regulations prescribed 21.7136 introductory text, 21.7136(a)(1) 102–568 also provides that when an by the Secretary of Veterans Affairs. The (as redesignated), 21.7136(a)(2)(ii)(B) (as institution of higher learning offers a formula for part-time rates was redesignated), and 21.7136(f) (as course that does not lead to a standard established based on proposed and final redesignated); and the redesignations of college degree, the students’ training rule making (see 52 FR 25736, July 8, paragraphs (a), (b), (b)(1), (b)(2), (b)(3), time will be determined in the same 1987; 53 FR 1756, Jan. 22, 1988). Under (c), (d), and (e) of § 21.7136. manner as for students enrolled in this formula, monthly rates for three- October 29, 1992: §§ 21.3145, undergraduate courses leading to a quarter-time and one-half-time students 21.4135(a), 21.4135(x), 21.4234(a), college degree. 38 CFR 21.4271 is have been set at three-quarters and one- 21.4252(g), 21.4253(a), 21.4254(d), removed and revisions are made to 38 half of the statutory full-time rate 21.4265(b), 21.4267, 21.7020(b)(42), CFR 21.4233, 21.4270, and 21.4272 to respectively. The monthly rates payable 21.7042(a), 21.7120(d), 21.7122(e), reflect these statutory provisions. for less than one-half-time students are 21.7135(a), 21.7135(z) (as added), Prior to the effective date of Pub. L. the pro-rated amount of their tuition 21.7145, 21.7152, 21.7220, 21.7222, and 102–568, nurse’s aide courses could not and fees (not to exceed one-half the 21.7280; the redesignation of be approved for VA training, and statutory full-time rate for those training § 21.7135(z); and the removal of consequently VA educational assistance less than one-half time and more than § 21.4280. could not be awarded for such training. one-quarter time, and not to exceed one- April 1, 1993: §§ 21.7136(b) (as Pub. L. 102–568 provides criteria for quarter of the full-time rate for those redesignated), 21.7136(c) (as approving some nurse’s aide courses. training one-quarter time). redesignated), and 21.7137. Changes are made to 38 CFR 21.4265 to In addition, this final rule contains an July 1, 1993 (to apply to enrollments reflect this statutory change. interpretative rule with respect to how for terms, semesters, or quarters that Pub. L. 102–568 changes the criteria the statutory requirements for begin after June 30, 1993): §§ 21.4233(b), for establishing eligibility for accreditation of an independent study 21.4270(a), 21.4270(b), 21.4270(c) 6782 Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Rules and Regulations footnote 1, 21.4272 introductory text, (Authority: 38 U.S.C. 3485, 3537) (Authority: 38 U.S.C. 3680) 21.4272(g), 21.7170, 21.7172(a) and * * * * * * * * * * 21.7172(d); and the removal of (x) Independent study course loses §§ 21.4271, 21.4272(e), 21.4272(f), Subpart DÐAdministration of accreditation. Except as otherwise 21.4272(h), and 21.4272(i). Educational Benefits; 38 U.S.C. provided in § 21.4252(g), if the veteran November 30, 1993: §§ 21.7044(b)(8) Chapters 34, 35, and 36 or eligible person is enrolled in a course and 21.7045(a)(1)(i). 3. The authority citation for part 21, offered in whole or in part by The Secretary of Veterans Affairs subpart D is revised to read as follows: independent study, and the course loses hereby certifies that this final rule will its accreditation (or the educational Authority: 38 U.S.C. 501(a); 38 U.S.C. ch. institution offering the course loses its not have a significant economic impact 34, 35, 36, unless otherwise noted. on a substantial number of small entities accreditation), the date of reduction or as they are defined in the Regulatory 4. In § 21.4131, paragraph (i) is added, discontinuance will be the effective date Flexibility Act, 5 U.S.C. 601–612. This to read as follows: of the withdrawal of accreditation by final rule merely restates statutory § 21.4131 Commencing dates. the accrediting agency. changes, sets forth statutory * * * * * (Authority: 38 U.S.C. 3672, 3676, 3680A(a)) interpretations, and makes (i) Service Members Occupational * * * * * nonsubstantive changes. Pursuant to 5 Conversion and Training Act of 1992. If (aa) Service Members Occupational U.S.C. 605(b), this final rule, therefore, the veteran’s or eligible person’s Conversion and Training Act of 1992. If is exempt from the initial and final educational assistance has been an individual enters a training program regulatory flexibility analyses discontinued because the veteran or for the purpose of obtaining assistance requirements of §§ 603 and 604. eligible person is training under a job under the Service Members This final rule has been reviewed by training program for which benefits are Occupational Conversion and Training the Office of Management and Budget payable to his or her employer under Act of 1992, the effective date of pursuant to the provisions of Executive the Service Members Occupational discontinuance of educational Order 12866. Conversion and Training Act, VA will assistance shall be the date on which The Catalog of Federal Domestic determine the date upon which the individual entered the job training Assistance numbers for the programs affected educational assistance may be resumed program. by this final rule are 64.117 and 64.120. as follows. (Authority: Sec. 4492(a), Pub. L. 102–484, List of Subjects in 38 CFR Part 21 (1) When the veteran or eligible 106 Stat. 2765–2766) person is pursuing a program of Civil rights, Claims, Education, Grant education on the last date for which 6. In § 21.4233, paragraphs (b)(4), programs-education, Loan programs- benefits are payable under that Act, (b)(1), (b)(2) and (b)(3) are redesignated education, Reporting and recordkeeping payments will be resumed on the day as paragraphs (b)(1), (b)(2), (b)(3) and requirements, Schools, Veterans, following that date. (b)(4), respectively; paragraph (b)(5) is Vocational education, Vocational (2) When the veteran or eligible amended by removing ‘‘§ 21.4270(a), rehabilitation. person is not pursuing a program of footnote 6’’ and adding, in its place, education on the last date for which ‘‘§ 21.4270(b)’’; and newly redesignated Approved: July 17, 1995. paragraphs (b)(1) and (b)(2) are revised, Jesse Brown, benefits are payable under that Act, payments will be resumed on the to read as follows: Secretary of Veterans Affairs. earliest date otherwise provided by this § 21.4233 Combination. * * * For the reasons set out in the section, but not before the day following (b) Concurrent enrollment. *** preamble, 38 CFR part 21, subparts C, D, the last date for which benefits are and K are amended as set forth below. (1) If VA measures the courses payable under that Act. pursued at both institutions on either a PART 21ÐVOCATIONAL (Authority: Sec. 4492(a), Pub. L. 102–484, clock-hour basis or a credit-hour basis, 106 Stat. 2765–2766) REHABILITATION AND EDUCATION VA will measure the veteran’s or * * * * * eligible person’s enrollment by adding Subpart CÐSurvivors' and 5. In § 21.4135, paragraph (a) is together the units of measurement in the Dependents' Educational Assistance revised; an authority citation to second school to the units of Under 38 U.S.C. Chapter 35 paragraph (a) is added; and paragraphs measurement for the courses in the (x) and (aa) and their authority citations primary institution. The standard for 1. The authority citation for part 21, are added, to read as follows: full time will be the full-time standard subpart C is revised to read as follows: § 21.4135 Discontinuance dates. * * * for the courses at the primary Authority: 38 U.S.C. 501(a); 38 U.S.C. institution. 3500–3566, unless otherwise noted. (a) Death of veteran or eligible person. (2) Where the standards for (1) If the veteran or eligible person measurement of the courses pursued 2. In § 21.3145, paragraph (e) is receives an advance payment pursuant concurrently in the two schools are revised to read as follows: to 38 U.S.C. 3680(d) and dies before the different, VA will measure the veteran’s period covered by the advance payment § 21.3145 Work-study allowance. or eligible person’s enrollment by ends, the discontinuance date of * * * * * converting the units of measurement for educational assistance shall be the last courses in the second school to the (e) Payment in advance. VA will pay date of the period covered by the in advance an amount equal to the equivalent in value expressed in units of advance payment. measurement required for the courses in lesser of the following: (2) In all other cases if the veteran or the program of education which the (1) 40 percent of the total amount eligible person dies while pursuing a veteran or eligible person is pursuing at payable under the contract, or program of education, the the primary institution. (2) An amount equal to 50 times the discontinuance date of educational applicable minimum hourly wage in assistance shall be the last date of (Authority: 38 U.S.C. 3688) effect on the date the contract is signed. attendance. * * * * * Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Rules and Regulations 6783

7. In § 21.4234, paragraphs (a)(2)(ii) 9. In § 21.4253, paragraph (a)(3) is (b) Definition of independent study. and (a)(2)(iii) are revised, and paragraph revised and paragraph (a)(5) and an (1) VA considers a course to be offered (a)(2)(iv) is added, to read as follows: authority citation for paragraph (a) are entirely by independent study when— added, to read as follows: (i) It consists of a prescribed program § 21.4234 Change of program. of study with provision for interaction (a) Definition. *** § 21.4253 Accredited courses. either by mail, telephone, or personally (2) * * * (a) General. *** between the student and the regularly (ii) A change in the individual’s (3) The course is conducted under the employed faculty of the university or educational, professional or vocational Act of February 23, 1917 (20 U.S.C. 11 college; objective following the successful et seq.). (ii) It is offered without any regularly completion of the immediately * * * * * scheduled, conventional classroom or preceding program of education, (5) The course is approved by the laboratory sessions; and (iii) A return to the individual’s prior State as meeting the requirement of (iii) It is not a course listed in program of education following a regulations prescribed by the Secretary paragraph (c), (d), or (e) of this section. change of program if the individual of Health and Human Services under (2) VA considers a course to be resumes training in the program without sections 1819(f)(2)(A)(i) and offered in part by independent study any loss of credit or standing in that 1919(f)(2)(A)(i) of the Social Security when— program, or Act (42 U.S.C.1395i–3(f)(2)(A)(i) and (i) It is an undergraduate course; (iv) An enrollment in a new program 1396r(f)(2)(A)(i)). (ii) It is not classified as one of the of education when that program leads to (Authority: 38 U.S.C. 3675(a)) three types of courses listed in a vocational, educational or professional paragraph (c) of this section; * * * * * objective in the same general field as the (iii) It has some weeks when standard 10. In § 21.4254, paragraph (d) and its immediately preceding program of class sessions are scheduled; and authority citation are added, to read as education. (iv) It consists of independent study follows: (Authority: 38 U.S.C. 3691) as defined in paragraph (b)(1) of this * * * * * § 21.4254 Nonaccredited courses. section during those weeks when there 8. In § 21.4252, paragraph (g) and its * * * * * are no regularly scheduled class authority citation are added, to read as (d) Limitations on course approval. sessions. follows: Notwithstanding any other provision of (Authority: 38 U.S.C. 3676(e), 3680A(a)) this section, a State approving agency § 21.4252 Courses precluded. (c) Scope of independent study. VA shall not approve a nonaccredited * * * * * does not consider any of the following course if it is to be pursued in whole or courses to be courses offered by (g) Independent study. (1) Effective in part by independent study. October 29, 1992, VA may pay independent study. educational assistance to a veteran who (Authority: 38 U.S.C. 3676(e)) (1) A cooperative course as defined in is enrolled in a nonaccredited course or 11. In § 21.4265, paragraph (b)(3) is § 21.4233(a); unit subject offered entirely or partly by revised and an authority citation is (2) A farm cooperative course; or independent study only if— added, to read as follows: (3) A course approved as a (i) Successful completion of the correspondence course. § 21.4265 Practical training approved as nonaccredited course or unit subject is (Authority: 38 U.S.C. 3676(e), 3680A(a)) institutional training or on-job training. required in order for the veteran to (d) Undergraduate resident training. complete his or her program of * * * * * (b) Nursing courses. VA considers the following education; and the veteran— undergraduate courses to be resident * * * * * (A) Was receiving educational training. (3) Except for enrollment in a nurse’s assistance on October 29, 1992, for (1) A course which meets the aide course approved pursuant to pursuit of the program of education of requirements for resident institutional § 21.4253(a)(5), VA shall not approve an which the nonaccredited independent training found in § 21.4265(f); enrollment in a nonaccredited nursing study course or unit subject forms a (2) A course which requires regularly course which does not meet the part, and scheduled, standard class sessions at licensing requirements of the State (B) Has remained continuously least once every two weeks and which where the course is offered. enrolled in that program of education has a total number of class sessions from October 29, 1992, to the date the (Authority: 38 U.S.C. 3452, 3688) equal to the number of credit hours veteran enrolls in the nonaccredited * * * * * awarded for the course, times the independent study course or unit 12. In subpart D, a new § 21.4267 and number of weeks in a standard quarter subject; or its authority citations are added, to read or semester, as applicable; (ii) Was enrolled in and receiving as follows: (3) A course of student teaching; and educational assistance for the (4) Flight training which is an integral nonaccredited independent study § 21.4267 Approval of independent study. part of a standard undergraduate college course or unit subject on October 29, (a) Overview. Except as provided in degree. 1992, and remains continuously §§ 21.4252(g), 21.7120(c), and (e) Graduate resident training. VA enrolled in that course or unit subject. 21.7622(f), VA may not pay educational considers a graduate course to be (2) Whether or not the veteran is assistance for a nonaccredited course resident training if the course— enrolled will be determined by the which is offered in whole or in part by (1) Is offered through regularly regularly prescribed standards and independent study. Hence, it is scheduled, conventional classroom or practices of the educational institution. necessary to differentiate independent laboratory sessions; or (Authority: 38 U.S.C. 3680A; sec. 313(b), Pub. study from similar courses. (2) Consists of research (either on L. 102–568, 106 Stat. 4331–4332) (Authority: 38 U.S.C. 3014, 3672, 3676(e), campus or in absentia) necessary for the * * * * * 3680A(a)) preparation of the student’s— 6784 Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Rules and Regulations

(i) Master’s thesis, (B) A three-quarter-time enrollment is higher learning. (1) Notwithstanding the (ii) Doctoral dissertation, or 13 through 17 clock hours net provisions of paragraph (a)(1) of this (iii) Similar treatise which is instruction per week (exclusive of section, if a student is enrolled in a prerequisite to the degree being supervised study); course which is not leading to a pursued; or (C) A one-half-time enrollment is 9 standard college degree and which is (3) Consists of a combination of through 12 clock hours net instruction offered by an institution of higher training as described in paragraphs per week (exclusive of supervised learning, VA will measure his or her (e)(1) and (e)(2) of this section. study); enrollment in the same manner as (Authority: 38 U.S.C. 3676(e), 3680A(a)) (D) A less than one-half-time but more collegiate undergraduate courses are than one-quarter-time enrollment is 5 measured according to the provisions of 13. In § 21.4270, paragraphs (a) and through 8 clock hours net instruction paragraph (c) of this section. (b) and footnote 1 to the table in per week (exclusive of supervised (2) Notwithstanding the provisions of paragraph (c) are revised, to read as study); and paragraph (a)(1) of this section, if a follows: (E) A quarter-time enrollment is 1 student is enrolled in a course not § 21.4270 Measurement of courses. through 4 clock hours net instruction leading to a standard college degree per week (exclusive of supervised (a) Measurement of trade, technical, which is offered on a standard quarter- study). and high school courses. Trade, or semester-hour basis by an (2) High school courses. If a student technical, high school, and high school educational institution which is not an is pursuing high school courses at a rate preparatory courses shall be measured institution of higher learning, VA shall which would result in an accredited as stated in this paragraph. measure his or her enrollment in the high school diploma in four ordinary (1) Trade and technical courses. (i) same manner as collegiate school years, VA considers him or her Except as provided in paragraph (b) of undergraduate courses are measured to be enrolled full time. Otherwise, for this section, if shop practice is an according to the provisions of paragraph high school enrollments, training time integral part of a trade or technical (c) of this section, provided that the will be determined as follows. (For the course not leading to a standard college educational institution requires at least purpose of this paragraph, a unit is not degree— the same minimum number of hours of less than one hundred and twenty 60- (A) A full-time enrollment is 22 clock weekly attendance as are required by minute hours or the equivalent of study hours per week (exclusive of supervised paragraph (a)(1) of this section for in any subject in one academic year.) courses offered on a clock-hour basis. If study) with not more than 21⁄2 hours rest (i) A full-time enrollment is 18 clock period allowance; the educational institution does not hours net instruction per week or four (B) A three-quarter-time enrollment is require at least the same minimum units per year or the equivalent; 16 through 21 clock hours per week number of hours of weekly attendance (ii) A three-quarter-time enrollment is (exclusive of supervised study) with not as are required in paragraph (a)(1) of 13 through 17 clock hours net more than 2 hours rest period this section, VA will not apply the instruction per week or three units per allowance; provisions of paragraph (c) of this year or the equivalent; (C) A one-half-time enrollment is 11 section, but will measure the course (iii) A one-half-time enrollment is 9 through 15 clock hours per week according to the criteria in paragraph through 12 clock hours net instruction (exclusive of supervised study) with not (a)(1) of this section. per week or two units per year or the more than 11⁄4 hours rest period (Authority: 38 U.S.C. 3688(a)(7)) equivalent; allowance; (iv) A less than one-half-time but (c) Collegiate graduate, professional (D) A less than one-half-time but more more than one-quarter-time enrollment and on-the-job training courses. *** than one-quarter-time enrollment is 6 is 5 through 8 clock hours net 1 through 10 clock hours per week Cooperative courses may be measured on instruction per week or one unit per a full-time basis only. (exclusive of supervised study) with not 3 year or the equivalent; and more than ⁄4 hour rest period (v) A one-quarter-time enrollment is 1 * * * * * 14. Section 21.4271 is removed and allowance; and through 4 clock hours net instruction (E) A quarter-time enrollment is 1 reserved. per week. 15. In § 21.4272, paragraphs (e), (f), through 5 clock hours per week (3) Elementary school. For a high (h), and (i) are removed and reserved; (exclusive of supervised study). school preparatory course pursued at (ii) Except as provided in paragraph and the introductory text and paragraph the elementary school level— (g)(3) are revised, to read as follows: (b) of this section, if theory and class (i) A full-time enrollment is 18 clock instruction constitute more than 50 hours net instruction per week; § 21.4272 Collegiate course measurement. percent of the required hours in a trade (ii) A three-quarter-time enrollment is or technical course not leading to a VA will measure a college level 13 through 17 clock hours net course in an institution of higher standard college degree, enrollments instruction per week; will be measured as follows. In learning on a credit-hour basis provided (iii) A one-half-time enrollment is 9 all the conditions under paragraph (a) or measuring net instruction there will be through 12 clock hours net instruction included customary intervals not to (b) of this section are met. See also per week; § 21.4273. exceed 10 minutes between classes. (iv) A less than one-half-time but Shop practice and rest periods are more than one-quarter-time enrollment (Authority: 38 U.S.C. 3688) excluded. Supervised instruction is 5 through 8 clock hours net * * * * * periods in a school’s shops and the time instruction per week; and (g) Course measurement; nonstandard involved in field trips and group (v) A one-quarter-time enrollment is 1 terms. *** instruction may be included in through 4 clock hours per week. (3) The quotient resulting from the computing the clock hour requirements. use of the formula is called equivalent (A) A full-time enrollment is 18 clock (Authority: 38 U.S.C. 3688(a)) credit hours. VA treats equivalent credit hours net instruction per week (b) Measurement of non-college hours as credit hours for measurement (exclusive of supervised study); degree courses offered by institutions of purposes. Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Rules and Regulations 6785

(Authority: 38 U.S.C. 3688(b)) stated in paragraph (b)(6)(iv) of this paragraph (f) and its authority citation * * * * * section after serving not more than 12 are added, to read as follows: 16. Section 21.4280 is removed and months of his or her initial obligated reserved. period of active duty, and who § 21.7032 Time limits. subsequently reenlists or reenters on a (a) Scope of this section. The Subpart KÐAll Volunteer Force period of active duty, will not be provisions of this section are applicable Educational Assistance Program (New considered to have an interruption in to original applications, formal or GI Bill) service. Except as provided in paragraph informal; to reopened claims; and, to the 17. The authority citation for part 21, (b)(6)(v) of this section, the individual’s extent indicated in paragraph (f) of this subpart K is revised to read as follows: service during the two periods will be section, to elections to receive considered continuous active-duty educational assistance under 38 U.S.C. Authority: 38 U.S.C. 501(a); 38 U.S.C. ch. service for the aggregate length of the chapter 30. 30, unless otherwise noted. two service periods. However, the (Authority: 38 U.S.C. 3018B, 3034(a), 3471) 18. In § 21.7020, paragraphs (b)(5) and individual’s discharge or release from * * * * * (b)(6) are revised, and paragraph (b)(42) the initial obligated period of service is added, to read as follows: must have been: (f) Time limit for completing certain (A) For a service-connected disability, elections. An individual who seeks to § 21.7020 Definitions. (B) For a medical condition which establish eligibility to receive * * * * * preexisted such active-duty service and educational assistance under § 21.7045 (b) Other definitions. *** is not service connected, must— (5) Break in service. (i) Except as (C) For a physical or mental condition (1) Within one year of the date of the provided in paragraph (b)(5)(ii) of this not characterized as a disability and not VA letter or other written notice to the section, the term break in service means resulting from the individual’s own individual indicating that additional a period of more than 90 days between willful misconduct which interfered evidence is needed in order to complete the date when an individual is released with the individual’s performance of the claim, submit that evidence to VA. from active duty or otherwise receives a duty as determined by the Secretary This time limit may be extended if the complete separation from active duty concerned, or individual is able to show good cause service and the date he or she reenters (D) Involuntary, for the convenience for an extension of the period to the date on active duty. of the Government as a result of a on which he or she actually submits the (ii) A period during which an reduction in force as determined by the additional evidence; and individual is assigned full time by the Secretary concerned. (2) Submit the $1,200 VA is required Armed Forces to a civilian institution (v) If the second period of active-duty pursuant to § 21.7045(c)(2) to collect for a course of education substantially service referred to in paragraph (b)(6)(iv) before educational assistance can be the same as established courses offered of this section is of such nature or awarded. A delay in submitting the to civilians is not a break in service. character that, when aggregated with the $1,200 may result in a later effective (Authority: 38 U.S.C. 3011, 3021) initial period of service referred to in date for the award to the individual, and (6) Continuous active duty. (i) The that paragraph, it would cause the in no event will VA accept payment of term continuous active duty means individual to be divested of entitlement the $1,200 from the individual after the active duty served without interruption. to educational assistance otherwise last date of eligibility as determined by An interruption in service will only be established by the initial period of § 21.7050 or § 21.7051. See § 21.7131(k). found when the individual receives a active duty, the two periods of service (Authority: 38 U.S.C. 3018B) complete separation from active duty. will not be aggregated and will not be (ii) A period during which an considered a single period of 20. In § 21.7042, the introductory text individual on active duty is assigned continuous active duty. of paragraph (b)(7)(i) is amended by full time by the Armed Forces to a (vi) Time lost will not be considered removing ‘‘as’’ and adding, in its place, civilian institution for a course of to interrupt the continuity of service. ‘‘a’’ and by removing ‘‘relesed’’ and education substantially the same as For the purpose of this section, ‘‘time adding, in its place, ‘‘released’’; the established courses offered to civilians lost’’ includes excess leave, introductory text of paragraph (c)(3)(ii) will not interrupt the continuity of the noncreditable time and not-on-duty is amended by removing ‘‘the individual individual’s active duty. time. is’’ and adding, in its place, ‘‘have (iii) If an individual, during his or her (Authority: 38 U.S.C. 3011, 3012) been’’; paragraph (f)(1) is amended by removing ‘‘in § 21.7045(b)’’ and adding, initial obligated period of active-duty * * * * * service, is separated from active duty to (42) Continuously enrolled. The term in its place, ‘‘in § 21.7045(b) or (c)’’; and pursue a course of education at a service continuously enrolled means being in an the introductory text of paragraph (a)(3) academy or a post-secondary school enrolled status at an educational is revised, paragraph (a)(6) and its preparatory to enrollment at a service institution for each day during the authority citation and paragraph academy, no interruption in service will school year, and for consecutive school (b)(7)(iii) are added, the introductory be found and the individual’s service years. Continuity of enrollment is not text of paragraph (c)(3) is revised, will be considered continuous active- broken by holiday vacations; vacation paragraphs (c)(3)(i), (c)(3)(iii)(A), and duty service, provided he or she— periods; periods during the school year (c)(3)(iii)(B) are revised, and paragraph (A) Commences pursuit of a course of between terms, quarters, or semesters; or (c)(3)(iii)(C) is added, to read as follows: education at a service academy or post- by nonenrollment during periods of § 21.7042 Basic eligibility requirements. secondary school, enrollment outside the school year (e.g., * * * * * (B) Fails to complete the course of summer sessions). education, and (a) Eligibility based solely on active (C) Immediately reenters on a period (Authority: Sec. 313(b), Pub. L. 102–568, 106 duty. * * * of active duty. Stat. 4333) (3) Except as provided in paragraph (iv) An individual who is discharged 19. In § 21.7032, paragraph (a) and its (a)(6) of this section, the individual or released from active duty for a reason authority citation are revised and before completing the service 6786 Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Rules and Regulations requirements of this paragraph must or 30 months, if that period was at least individual ceases to be a member of the either— three years; Selected Reserve during the period * * * * * (B) Involuntarily discharged or beginning on October 1, 1991, and (6) An individual who does not meet released from active duty for the ending on September 30, 1999, by the requirements of paragraph (a)(3) of convenience of the Government as a reason of the inactivation of the this section nevertheless is eligible for result of a reduction in force as individual’s unit of assignment or by basic educational assistance if he or determined by the Secretary concerned reason of involuntarily ceasing to be she— in accordance with regulations designated as a member of the Selected (i) Was on active duty on August 2, prescribed by the Secretary of Defense; Reserve pursuant to 10 U.S.C. 268(b). 1990, and or However, this exemption from the four (ii) Completes the requirements of a (C) Discharged or released from active years service requirement does not secondary school diploma (or an duty for a physical or mental condition apply to a reservist who ceases to be a equivalency certificate) before October that was not characterized as a disability member of the Selected Reserve under 29, 1994. and did not result from the individual’s adverse conditions as characterized by own willful misconduct but did the Secretary of the military department (Authority: 38 U.S.C. 3011) interfere with the individual’s concerned, or to a reservist who after (b) Eligibility based on active duty performance of duty, as determined by having involuntarily ceased to be a service and service in the Selected the Secretary of the military department member of the Selected Reserve is Reserve. * * * concerned in accordance with involuntarily separated from the Armed (7) * * * regulations prescribed by the Secretary Forces under adverse conditions as (iii) Before completing four years of Defense (or by the Secretary of characterized by the Secretary of the service in the Selected Reserve, the Transportation for the Coast Guard military department concerned. individual ceases to be a member of the when the Coast Guard is not operating as a service of the Navy). (Authority: 10 U.S.C. 16133(b)(1); sec. Selected Reserve during the period 4421(b) and (c), Pub. L. 102–484, 106 Stat. beginning on October 1, 1991, and * * * * * 2718) ending on September 30, 1999, by 21. In § 21.7044, paragraph (a)(3)(ii) is * * * * * reason of the inactivation of the amended by removing ‘‘degree. This individual’s unit of assignment or by may be done at any time.’’ and adding, (12) The individual must have been reason of involuntarily ceasing to be in its place, ‘‘degree, which may be on active duty at any time during the designated as a member of the Selected done at any time;’’ paragraph (a)(4)(i)(E) period beginning on October 19, 1984, Reserve pursuant to 10 U.S.C. 268(b). is amended by removing ‘‘or;’’ and and ending on July 1, 1985, and However, this exemption from the four- adding, in its place, ‘‘or’’; paragraph continued on active duty without a year service requirement does not apply (a)(4)(i)(F) is amended by removing break in service. to a reservist who ceases to be a member ‘‘Navy.’’ and adding, in its place, (Authority: 38 U.S.C. 3012(a)(1)(B)) of the Selected Reserve under adverse ‘‘Navy;’’ and paragraph (a)(4)(i)(F) is * * * * * conditions as characterized by the further amended by removing its 22. Section 21.7045 is revised to read Secretary of the military department authority citation; paragraph (a)(5)(iv) is as follows: concerned, or to a reservist who after amended by removing ‘‘service;’’ and having involuntarily ceased to be a adding, in its place, ‘‘service; and’’; and § 21.7045 Eligibility based on involuntary member of the Selected Reserve is the heading, paragraph (a)(6), the separation or voluntary separation. involuntarily separated from the Armed authority citation for paragraph (a), and An individual who fails to meet the Forces under adverse conditions as paragraph (b)(8)(ii)(B) are revised, and eligibility requirements found in characterized by the Secretary of the paragraphs (b)(8)(iii) and (b)(12) and § 21.7042 or § 21.7044 nevertheless will military department concerned. their authority citations are added, to be eligible for educational assistance as read as follows: provided in subpart K of this part if he (Authority: 10 U.S.C. 16133(b)(1); 38 U.S.C. or she meets the requirements of 3012(b)(1)(B); sec. 4421(b) and (c), Pub. L. § 21.7044 Persons with 38 U.S.C. ch. 34 102–484, 106 Stat. 2718) eligibility. paragraph (a) and either paragraph (b) or (c) of this section. * * * * * * * * * * (c) Eligibility based on withdrawal of (a) Eligibility based solely on active (a) Service requirements. The election not to enroll. * * * duty. * * * individual must meet one of the (3) The individual must: (6) The individual must have been on following sets of service requirements. (i) Complete the period of service that active duty at any time during the (1) The individual must— he or she was obligated to serve on period beginning on October 19, 1984, (i) Be on active duty or full-time December 1, 1988, which will include and ending on July 1, 1985, and National Guard duty either on completion of a period of extension or continued on active duty without a September 30, 1990, or on or after reenlistment if an individual’s initial break in service. November 30, 1993, and (ii) After February 2, 1991, be obligated period of service was (Authority: 38 U.S.C. 3011) scheduled to end after November 30, involuntarily separated, as that term is (b) Eligibility based on combined 1988, but he or she extended an defined in 10 U.S.C. 1141, with an active duty service and service in the enlistment or reenlisted before honorable discharge; or Selected Reserve. * * * December 1, 1988; or (2) The individual must— (8) * * * (i) Be separated from active military, * * * * * (ii) * * * (iii) * * * (B) For a medical condition which naval, or air service with an honorable (A) Discharged or released from active preexisted that period of active duty and discharge, and duty for the convenience of the which VA determines is not service (ii) Receive voluntary separation Government after completing not less connected, or incentives under 10 U.S.C. 1174a or than 20 months of that period of service (iii) Before completing four years 1175. if such period was less than three years, service in the Selected Reserve the (Authority: 38 U.S.C. 3018A) Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Rules and Regulations 6787

(b) Additional requirements for those (2) Reduction in basic pay. The basic an irrevocable election to receive individuals voluntarily separated after pay of anyone who makes one of the educational assistance under 38 U.S.C. October 22, 1992, or involuntarily irrevocable elections described in ch. 30 rather than under 38 U.S.C. ch. separated. An individual who meets the paragraph (b)(1) of this section is 32. Such an election must be made: requirements of paragraph (a)(1) of this required by 38 U.S.C. 3018B to be (A) Before October 23, 1993, and section, or an individual who meets the reduced by $1,200. (B) In the form and manner prescribed requirements of paragraph (a)(2) of this (i) If for any reason the basic pay of by the Secretary of Veterans Affairs. section and was separated after October an individual who received an (iii) If the individual is not described 22, 1992, must meet the following involuntary separation is not so reduced in either paragraph (c)(1)(i) or (ii) of this additional requirements in order to by $1,200, the failure to make the section, he or she must make an establish eligibility for educational reduction will not affect the individual’s irrevocable election to receive assistance. eligibility for educational assistance educational assistance under 38 U.S.C. (1) Required election. (i) If, under under 38 U.S.C. ch. 30. ch. 30. This election must be made: § 21.7042(f), the individual elected not (ii) If the individual is voluntarily (A) Before October 23, 1993, and to receive educational assistance under separated, such reduction of the (B) In the form and manner prescribed 38 U.S.C. ch. 30, he or she must individual’s basic pay by $1,200 is a by the Secretary of Veterans Affairs. irrevocably withdraw that election and precondition to establishing eligibility. (2) $1,200 collection. VA must collect make an election to receive educational Hence, educational assistance under 38 $1,200 from the individual before assistance under 38 U.S.C. ch. 30. The U.S.C. ch. 30 may not be paid to such awarding educational assistance under withdrawal and the election must be an individual when the reduction does 38 U.S.C. ch. 30. Collection of $1,200 is made: not occur. a precondition to establishing eligibility. (A) Before the involuntary or (3) Educational requirement. (i) (3) Educational requirement. (i) voluntary separation as the case may be, Before the date on which VA receives Before the date on which VA receives and the individual’s application for the individual’s application for (B) Pursuant to procedures which the educational assistance under subpart K educational assistance under subpart K Secretary of the military department of this part, the individual must have of this part, the individual must have concerned provides in accordance with successfully completed either: successfully completed either: (A) The requirements of a secondary regulations prescribed by the Secretary (A) The requirements of a secondary school diploma (or equivalency of Defense or which the Secretary of school diploma (or equivalency certificate), or Transportation provides with respect to certificate), or (B) 12 semester hours (or the the Coast Guard when it is not operating (B) 12 semester hours (or the equivalent) in a program of education as a service in the Navy; and equivalent) in a program of education leading to a standard college degree. (ii) If the individual is a participant leading to a standard college degree. (ii) If a veteran’s application for (ii) If a veteran’s application for (as defined in § 21.5021(e)) in the educational assistance under subpart K educational program provided in 38 educational assistance is denied due to failure to meet the requirements of of this part is denied due to failure to U.S.C. ch. 32, the individual must make meet the requirements of paragraph an irrevocable election to receive paragraph (b)(3)(i) of this section at the time of his or her application for (c)(3)(i) of this section at the time of his educational assistance under 38 U.S.C. or her application for educational ch. 30 rather than under 38 U.S.C. ch. educational assistance, the veteran may reapply if the requirements are assistance, the veteran will be permitted 32. Such an election must be made: to apply at a later date. (A) Before the individual is subsequently met. involuntarily or voluntarily separated as (Authority: 38 U.S.C. 3018B) (Authority: 38 U.S.C. 3018B) the case may be, and (c) Additional requirements for § 21.705 [Amended] (B) Pursuant to procedures which the individuals who are voluntarily 23. Section 21.7050(b)(1) is amended Secretary of the military department discharged before October 23, 1992. If by removing ‘‘October 18, 1984’’ and concerned provides in accordance with an individual meets the requirements of adding, in its place, ‘‘June 30, 1985’’. regulations prescribed by the Secretary paragraph (a)(2) of this section and is 24. In § 21.7072, paragraph (b) of Defense or which the Secretary of voluntarily discharged before October heading, paragraph (b)(1) introductory Transportation provides with respect to 23, 1992, he or she must also meet the text, and the authority citation for the Coast Guard when it is not operating following requirements in order to paragraph (b)(1) are revised, to read as as a service in the Navy; or establish eligibility for educational follows: (iii) If the individual is not described assistance. in either paragraph (b)(1)(i) or (b)(1)(ii) (1) Required election. (i) If, under § 21.7072 Entitlement to basic educational of this section, he or she must make an § 21.7042(f), the individual elected not assistance. irrevocable election to receive to receive educational assistance under * * * * * educational assistance under 38 U.S.C. 38 U.S.C. ch. 30, he or she must (b) Entitlement: individual discharged ch. 30. This election must be made: irrevocably withdraw that election and for service-connected disability, a (A) Before the individual is make an election to receive educational medical condition which preexisted involuntarily or voluntarily separated as assistance under 38 U.S.C. ch. 30. The service, hardship, or involuntarily for the case may be, and withdrawal and the new election must the convenience of the Government as a (B) Pursuant to procedures which the be made: result of a reduction in force. (1) Except Secretary of the military department (A) Before October 23, 1993, and as provided in § 21.7073, when the concerned provides in accordance with (B) In the form and manner prescribed provisions of paragraph (b) of this regulations prescribed by the Secretary by the Secretary of Veterans Affairs; and section are met, an eligible individual is of Defense or which the Secretary of (ii) If the individual is a participant entitled to one month of basic Transportation provides with respect to (as defined in § 21.5021(e)) in the educational assistance (or equivalent the Coast Guard when it is not operating educational program provided in 38 thereof in part-time basic educational as a service in the Navy. U.S.C. ch. 32, the individual must make assistance) for each month of the 6788 Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Rules and Regulations individual’s continuous active duty (ii) The veteran or servicemember (Authority: Sec. 4492(a), Pub. L. 102–484, service that is after June 30, 1985, and remains continuously enrolled in the 106 Stat. 2765–2766) that, in the case of an individual who course or unit subject. 28. In § 21.7135, paragraph (z) is had no previous eligibility under 38 (3) Whether or not the veteran or redesignated as paragraph (bb); and U.S.C. ch. 34, is part of the individual’s servicemember is enrolled will be paragraph (a) and its authority citation initial obligated period of active duty. In determined by the regularly prescribed are revised, and paragraphs (z) and (aa) the case of a veteran to whom the standards and practices of the and their authority citations are added, definition of continuous active duty educational institution offering the to read as follows: found in either § 21.7020(b)(6)(iii) or course or unit subject. § 21.7020(b)(6)(iv) applies, the length of § 21.7135 Discontinuance dates. (Authority: 38 U.S.C. 3014, 3034, 3076, the continuous active duty will be the 3680A(a); sec. 313(b), Pub. L. 102–568, 106 * * * * * aggregate length of the periods of active Stat. 4333) (a) Death of veteran or servicemember. duty referred to in those paragraphs. (1) If the veteran or servicemember Except as provided in § 21.7073, VA 26. In § 21.7122, paragraphs (e)(5) and (e)(6) and the authority citation for receives an advance payment pursuant will apply paragraph (b) of this section to 38 U.S.C. 3680(d) and dies before the when the individual: paragraph (e) are revised, and paragraph (e)(7) is added, to read as follows: period covered by the advance payment * * * * * ends, the discontinuance date of (Authority: 38 U.S.C. 3011(f), 3013(a)) § 21.7122 Courses precluded. educational assistance shall be the last * * * * * * * * * * date of the period covered by the 25. In § 21.7120, paragraph (d) and its (e) Other courses. *** advance payment. authority citation are added, to read as (5) Except as provided in § 21.4252(j), (2) In all other cases if the veteran or follows: a course from which the veteran or servicemember dies while pursuing a § 21.7120 Courses included in programs of servicemember withdrew without program of education, the education. mitigating circumstances, discontinuance date of educational * * * * * (6) An enrollment in a course offered assistance shall be the last date of (d) Independent study. (1) Except as by a proprietary school when the attendance. provided in paragraph (d)(2) of this veteran or servicemember is an official (Authority: 38 U.S.C. 3014, 3023, 3680) section, effective October 29, 1992, VA of the school authorized to sign * * * * * may pay educational assistance to a certificates of enrollment or monthly (z) Independent study course loses veteran or servicemember who is certificates of attendance or monthly accreditation. Except as otherwise enrolled in a nonaccredited course or certifications of pursuit, an owner of the provided in § 21.7120(d), if the veteran unit subject offered entirely or partly by school, or an operator of the school, or or servicemember is enrolled in a course independent study only if— (7) Except as provided in § 21.7120(d), offered in whole or in part by (i) Successful completion of the an enrollment in a nonaccredited independent study, and the course loses nonaccredited course or unit subject is independent study course. its accreditation (or the educational required in order for the veteran or (Authority: 38 U.S.C. 3002(3), 3034, 3672(a), institution offering the course loses its servicemember to complete his or her 3676, 3680(a), 3680A(a)) accreditation), the date of reduction or program of education, discontinuance will be the effective date (ii) On October 29, 1992, the veteran 27. In § 21.7131, paragraph (j) is of the withdrawal of accreditation by or servicemember was receiving added, to read as follows: the accrediting agency. educational assistance for pursuit of the § 21.7131 Commencing dates. program of education of which the (Authority: 38 U.S.C. 3014, 3034, 3676, nonaccredited independent study * * * * * 3680A(a)) (j) Service Members Occupational course or unit subject forms a part, and (aa) Service Members Occupational (iii) The veteran or servicemember has Conversion and Training Act of 1992. If the veteran’s educational assistance has Conversion and Training Act of 1992. If remained continuously enrolled in the a veteran enters a training program for program of education of which the been discontinued because the veteran is training under a job training program the purpose of obtaining assistance nonaccredited independent study under the Service Members course or unit subject forms a part from for which benefits are payable to his or her employer under the Service Occupational Conversion and Training October 29, 1992, to the date of Act of 1992, the effective date of enrollment by the veteran or Members Occupational Conversion and Training Act of 1992, VA will determine discontinuance of educational servicemember in the nonaccredited assistance shall be the date on which independent study course or unit the date upon which educational assistance may be resumed as follows. the veteran entered the job training subject. program. (2) Notwithstanding the provisions of (1) When the veteran is pursuing a paragraph (d)(1) of this section, VA may program of education on the last date for (Authority: Sec. 4492(a), Pub. L. 102–484, pay educational assistance to a veteran which benefits are payable under that 106 Stat. 2765–2766) or servicemember for enrollment in a Act, payments will be resumed on the * * * * * course or unit subject offered by day following that date. 29. In § 21.7136, paragraphs (a), (b), independent study which, though part (2) When the veteran is not pursuing (c), (d) and (e) are redesignated as of an approved program of education, is a program of education on the last date paragraphs (b), (c), (d), (e) and (f), not required in order for the veteran or for which benefits are payable under respectively; the introductory text of servicemember to complete the program that Act, payments will be resumed on newly redesignated paragraph (f) is of education (i.e., an elective) when— the commencing date as determined by amended by removing ‘‘§ 21.7045(b)(2)’’ (i) The veteran or servicemember was paragraphs (a) through (i) of this section, and adding, in its place, enrolled in and receiving educational but not before the day following the last ‘‘§ 21.7045(b)(1)(ii) or (c)(1)(ii)’’; and assistance for the course or unit subject date for which benefits are payable introductory text is added to the section, on October 29, 1992, and under that Act. paragraph (a) is added, newly Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Rules and Regulations 6789 redesignated paragraphs (b) and (c) are placed on the retired list, transferred to established eligibility under § 21.7042, revised to read as follows: the Fleet Reserve or the Fleet Marine but the veteran’s service is not described Corps Reserve, placed on the temporary in paragraph (a)(2) of this section, the § 21.7136 Rates of payment of basic disability retired list; or monthly rate of educational assistance educational assistance. (4) Is released from active duty for payable to the veteran shall be The monthly rate of educational further service in a reserve component determined by this paragraph. assistance payable to a veteran or of the Armed Forces after service on (1) Except as provided in paragraphs servicemember depends in part upon active duty characterized by the (c)(2) and (c)(3) of this section, the the service requirements he or she met Secretary concerned as honorable monthly rate of basic educational to establish eligibility for that service. assistance payable to a veteran is the educational assistance. (Authority: 38 U.S.C. 3015(a)) amount stated in the following table. (a) Service requirements for higher (b) Rates. (1) Except as provided in rates. The monthly rate of basic Training Monthly rate educational assistance payable to a paragraphs (b)(2) and (b)(3) of this veteran or servicemember shall be the section, the monthly rate of basic Full time ...... $325.00. rate stated in paragraph (b) of this educational assistance payable to a 3/4 time ...... 243.75. section when— veteran whose service meets the 1/2 time ...... 162.50. (1) The veteran has established requirements of paragraph (a) of this Less than 1/2 but more 162.50 eligibility for educational assistance section is the rate stated in the following than 1/4 time. See § 21.7136(d). under § 21.7045; or table. 1/4 time or less ...... 81.25 (2) The veteran has established See § 21.7136(d). eligibility under § 21.7042, and one of Training Monthly rate (Authority: 38 U.S.C. 3015(c)) the following sets of circumstances Full time ...... $400.00. (2) The monthly rate of educational exist. 3¤4 time ...... 300.00. (i) The veteran’s initial obligated 1¤2 time ...... 200.00. assistance payable to a veteran who is period of active duty is at least three Less than 1¤2 but more 200.00 pursuing an apprenticeship or other on- years; or than 1¤4 time. See § 21.7136(d). job training is the rate stated in the (ii) The veteran’s initial obligated 1¤4 time or less ...... 100.00 following table. period of active duty is at least two See § 21.7136(d). years and less than three years and Training period Monthly either the veteran has served or is (Authority: 38 U.S.C. 3015(c), 3015(f)) rate committed to serve in the Selected (2) If a veteran’s service is described First six months of pursuit of pro- Reserve for a period of at least four in paragraph (a) of this section, the gram ...... $243.75 years, or the veteran was committed to monthly rate of basic educational Second six months of pursuit of serve in the Selected Reserve for a assistance payable when he or she is program ...... 178.75 period of at least four years but failed pursuing an apprenticeship or other on- Remaining pursuit of program ...... 113.75 to complete four years service for one of job training is the rate stated in the the reasons stated in § 21.7042(b)(7)(i) or following table. (Authority: 38 U.S.C. 3032(c)) (iii); or (3) The monthly rate of basic (iii) The veteran’s initial obligated Monthly Training period educational assistance payable to a period of active duty is at least two rate veteran is $260 when the veteran is years and less than three years and— First six months of pursuit of pro- pursuing a cooperative course. (A) The basic educational assistance gram ...... $300.00 is payable for training received after Second six months of pursuit of (Authority: 38 U.S.C. 3015) August 31, 1993; program ...... 220.00 * * * * * (B) The veteran’s continuous active Remaining pursuit of program ...... 140.00 30. In § 21.7137, the heading and duty service beginning on the date of paragraphs (a)(1), (a)(2), and (c) are the commencement of his or her initial (Authority: 38 U.S.C. 3015, 3032(c)) revised, to read as follows: obligated period of active duty is at least (3) If a veteran’s service is described three years and upon completion of that in paragraph (a) of this section, the § 21.7137 Rates of payment of basic educational assistance for individuals with continuous period of active duty the monthly rate of basic educational veteran either— remaining entitlement under 38 U.S.C. ch. assistance payable when he or she is 34. (1) Continues on active duty; or pursuing a cooperative course is $320. (2) Is discharged from active duty (a) Minimum rates. (1) Except as with an honorable discharge; or (Authority: 38 U.S.C. 3015(f), 3032(d)) provided in paragraph (a)(2) of this (3) Is released after service on active (c) Rates for some veterans whose section, the monthly rate of basic duty characterized by the Secretary initial obligated period of active duty is educational assistance will be the rate concerned as honorable service and is less than three years. If a veteran has stated in the following table.

Monthly rate Additional Training One de- Two de- for each ad- No dependents pendent pendents ditional de- pendent

Full time ...... $588.00 ...... $624.00 $655.00 $16.00 3¤4 time ...... 441.00 ...... 468.00 491.50 12.00 1¤2 time ...... 294.00 ...... 312.00 327.00 8.50 Less than 1¤2 but more than 1¤4 time ...... 294.00 See § 21.7137(b) ...... 6790 Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Rules and Regulations

Monthly rate Additional Training One de- Two de- for each ad- No dependents pendent pendents ditional de- pendent

1¤4 time or less ...... 147.00 See § 21.7137(b) ...... Cooperative ...... 441.60 ...... 462.00 481.60 9.20

(Authority: 38 U.S.C. 3015(c), 3015(f)) (2) For veterans pursuing an apprenticeship or other on-job training, the monthly rate of basic educational assistance will be the rate stated in the following table.

Monthly rate Additional Training period No depend- One de- Two de- for each ad- ents pendent pendents ditional de- pendent

1st 6 mos. of pursuit of program ...... $402.75 $415.13 $426.00 $5.25 2nd 6 mos. of pursuit of program ...... 276.38 285.73 293.43 3.85 3rd 6 mos. of pursuit of program ...... 163.80 169.93 174.65 2.45 Remaining pursuit of program ...... 151.90 157.68 162.93 2.45

(Authority: 38 U.S.C. 3015(d), 3015(f)) (b) Length of the enrollment period courses pursued at the second school on * * * * * covered by the enrollment certification. a credit-hour basis, VA will convert the (c) Rates for servicemembers. The * * * * * credit hours to clock hours to determine monthly rate of educational assistance (3) * * * the veteran’s training time. for a servicemember may not exceed the (i) The enrollment date, and (Authority: 38 U.S.C. 3034, 3688) lesser of the following rates (except as * * * * * * * * * * provided in paragraph (d) of this 33. In § 21.7170, paragraphs (b) and (d) Both courses measured on a credit section): (g) are removed; paragraphs (c), (d), (e) (1) The monthly pro-rated cost of the and (f) are redesignated as paragraphs hour basis or both courses measured on course. (b), (c), (d) and (e), respectively; and the a clock hour basis. If VA measures the (2) The following monthly rates— introductory text and paragraph (a) are courses pursued at both institutions on (i) $588.00 for full-time training, revised, to read as follows: a credit hour basis or on a clock hour (ii) $441.00 for three-quarter-time basis, VA will measure the veteran’s training, § 21.7170 Course measurement. enrollment by adding together the units (iii) $294.00 for one-half time training In administering benefits payable of measurement for the courses at the and training that is less than one-half, under 38 U.S.C. chapter 30, VA shall second school and the units of but more than one-quarter-time training, apply the following sections. measurement for the courses at the and (a) § 21.4270 (except paragraphs (a)(2) primary institution. The standard for (iv) $147.00 for one-quarter-time and (a)(3) and those portions of full time will be the full-time standard training. paragraph (c) and footnotes dealing with for the courses at the primary (Authority: 38 U.S.C. 3015(d), 3015(f)) farm cooperative training)— institution. Measurement of courses, 31. In § 21.7145, paragraph (e) is (Authority: 38 U.S.C. 3034, 3688) revised, to read as follows: (Authority: 38 U.S.C. 3034, 3688) 35. In § 21.7220, paragraph (b) * * * * * introductory text is revised, paragraphs § 21.7145 Work-study allowance. 34. In § 21.7172, paragraphs (a)(1), (b)(9) and (b)(10) are revised, paragraph * * * * * (a)(2), and (d) are revised, to read as (b)(11) is added, and the authority (e) Payment in advance. VA will pay follows: citation for paragraph (b) is revised, to in advance an amount equal to the read as follows: § 21.7172 Measurement of concurrent lesser of the following: enrollments. (1) 40 percent of the total amount § 21.7220 Course approval. payable under the contract, or (a) Conversion of units of * * * * * (2) An amount equal to 50 times the measurement required. * * * (b) Course approval criteria. In (1) If VA measures the courses at the applicable minimum hourly wage in administering benefits payable under 38 primary institution on a credit-hour effect on the date the contract is signed. U.S.C. chapter 30, VA and, where basis (including a course which does appropriate, the State approving (Authority: 38 U.S.C. 3485) not lead to a standard college degree, agencies, shall apply the following which is being measured on a credit- 32. In § 21.7152, paragraph (b)(3)(ii) is sections. removed; paragraph (b)(3)(iii) is hour basis), and VA measures the * * * * * redesignated as paragraph (b)(3)(ii); and courses at the second school on a clock- paragraph (b)(3)(i) is revised, to read as hour basis, the clock hours will be (9) Section 21.4265—Practical follows: converted to credit hours. training approved as institutional (2) If VA measures the courses training or on-job training, § 21.7152 Certification of enrollment. pursued at the primary institution on a (10) Section 21.4266—Courses offered * * * * * clock-hour basis, and VA measures the at subsidiary branches or extensions, Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Rules and Regulations 6791

(11) Section 21.4267—Approval of FOR FURTHER INFORMATION CONTACT: resource, policy, and technical independent study. William D. Riley, (202) 401–5529. assistance and training assistance to (Authority: 38 U.S.C. 3034, 3476, 3672, 3675, SUPPLEMENTARY INFORMATION: Sections Federal, State, and local government 3676, 3678, 3679, 3680A, 3689) 311(h) and 312(a) of the Family agencies, to domestic violence service * * * * * Violence Prevention and Services Act, providers, and to other professionals and interested parties on issues 36. In § 21.7222, paragraph (e) and its as amended, require the Secretary to pertaining to domestic violence. authority citation are revised, to read as publish regulations implementing Currently, the national resource follows: sections 303, 308, 311, and 314, of the Act. These final regulations address this center maintains a central resource § 21.7222 Courses and enrollments which requirement. library to collect and disseminate may not be approved. information relating to the incidence Program Description * * * * * and prevention of family violence and (e) Except as provided in § 21.7120(d), The Family Violence Prevention and the provision of immediate shelter and an independent study course which— Services Act (the Act) authorizes related assistance. The special interest (1) Does not lead to a standard college formula and discretionary grant resource centers provide a degree, or programs which fund a range of specialization, on a nationwide basis, in (2) Is a nonaccredited course. activities designed to both prevent at least one area of domestic violence family violence and provide services to service, prevention, or law. (Authority: 38 U.S.C. 3676, 3680A) victims of family violence. Enacted as Discretionary grants also are awarded 37. In § 21.7280, paragraph (b)(1) is title III of the Child Abuse Amendments under section 314 of the Act to public revised, to read as follows: of 1984, the Act was amended and and private non-profit agencies, reauthorized by Public Law 102–295, including Indian tribes and tribal § 21.7280 Death benefit. the Child Abuse, Domestic Violence, organizations to assist in the * * * * * Adoption, and Family Services Act of development of public information and (b) Necessary criteria for death 1992. The Act was further amended by community awareness campaign benefit. *** Public Law 103–322, the Violent Crime activities that will serve as information (1) The individual either— Control and Law Enforcement Act of models for the prevention of family (i) Dies while on active duty, or 1994, also known as the ‘‘Crime Bill’’. violence. (ii) Dies after October 28, 1992, and Under section 303 of the Act, funds Approach to Writing the Final Rule his or her date of death is within one are awarded as formula grants to States year after the date of his or her last and Indian tribes and tribal A notice of proposed rulemaking discharge or release from active duty; organizations to assist in supporting (NPRM) was published in the Federal and activities to prevent incidents of family Register on December 10, 1993 (58 FR * * * * * violence and to provide immediate 64920). Two letters containing comments were received in response to [FR Doc. 96–3780 Filed 2–21–96; 8:45 am] shelter and related assistance for victims of family violence and their dependents. the NPRM. Later in the preamble, we BILLING CODE 8320±01±P These grants have supplemented many summarize the comments and respond already established community-based to them. No changes have been made to family violence prevention and service the regulation in response to comments DEPARTMENT OF HEALTH AND activities. They also have allowed States received. HUMAN SERVICES and tribes to expand current service In February of 1995, the President programs and establish additional new announced a Regulatory Reinvention Administration for Children and shelters in rural and underserved areas, Initiative as part of the National Families on reservations, and in Alaskan Native Performance Review, calling for more immediate, comprehensive regulatory 45 CFR Part 1370 Villages and Regional Corporation Areas. In most areas, there is private reform. As part of this initiative, he RIN 0970±AB21 sector as well as State and local funding directed all agencies to undertake an for these emergency shelters. exhaustive review of all regulations— Family Violence Prevention and Under section 311 of the Act, added with an eye toward eliminating or Services Programs by the 1992 amendments, formula modifying those that are obsolete or grants are available to private non-profit which are otherwise in need of reform. AGENCY: Administration for Children State domestic violence coalitions to With this in mind, we reexamined the and Families (ACF), HHS. conduct domestic violence intervention language in the NPRM to see whether ACTION: Final rule. and prevention activities and to increase the final regulation could achieve the public awareness of domestic violence same objectives in a simpler, more SUMMARY: This final rule establishes issues. Grant funds support training and consistent, and more flexible manner. requirements for sections 303, 308, 311, technical assistance activities as well as The NPRM generally did not reiterate and 314 of the Family Violence public education services. the statute or list all applicable Prevention and Services Act, as The 1992 amendments also added a regulations. Rather, it stated broadly amended, and provides States, Indian new section 308 to the Act which that grantees must meet the statutory tribes and other grantees with requires the Secretary to establish and requirements of the Act as well as all information on grants available under maintain a national resource center for applicable regulations, and it referenced these sections of the statute. family violence prevention and services the pertinent program funding EFFECTIVE DATE: March 25, 1996. and up to six special issue resource announcements in each of the four ADDRESSES: Administration for Children centers. The Crime Bill increased the sections of the proposed rule. The and Families, Office of Community allowed number of special issue program funding announcements, Services, Fifth Floor, 370 L’Enfant resource centers to seven. The purpose which are published in the Federal Promenade, SW., Washington, DC of the national resource center and the Register, describe the relevant statutory 20447. special issue resource centers is to offer and regulatory requirements, as well as 6792 Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Rules and Regulations information about funding availability State Domestic Violence Coalition support to older persons who are the and the grant application process. Grants (Sec. 1370.4) victims of violence occurring in the The final rule retains the approach This section establishes requirements context of family relationships. The outlined in the NPRM while removing for formula grants to State domestic commenter encouraged the Department several unnecessary paragraphs to violence coalitions under section 311 of of Health and Human Services to obtain improve regulatory flexibility and the Act. information from grantees concerning consistency. The NPRM listed financial the extent to which older people are and program reporting requirements for Public Information Campaign Grants served through the programs and to seek grantees under paragraphs (b) and (c) of (Sec. 1370.5) information about good practices section 1370.2, paragraphs (b) and (c) of This section establishes requirements regarding services to older victims and section 1370.3, paragraphs (b) and (c) of to fund discretionary grants for public prevention activities targeted to older section 1370.4, and paragraphs (b) and information campaigns under section persons. (c) of section 1370.5. After careful 314 of the Act. Response: Recipients of State and reexamination, we have removed these Indian tribal formula grants are asked to Discussion of Comments Received paragraphs from the NPRM. Also, we submit annual program activity reports have added clarifying language in Two letters containing comments which contain, among other things, a sections 1370.2, 1370.3, 1370.4, and were received in response to the notice description of the characteristics and 1370.5 of the final rule which makes of proposed rulemaking published in demographics of the persons served by clear that all applicable reporting the Federal Register on December 10, service or activity. The reports also requirements are to be found in the 1993. One commenter represented a describe the major activities supported program funding announcements. State program and the other represented by the Family Violence Prevention and For similar reasons, we have removed a national association. Services Act funds and the specific paragraphs (d) and (e) of § 1370.2 of the The comments are summarized below priorities addressed by the State, tribe or NPRM to be consistent with the way in and are followed by the Department’s tribal organization as well as describing which the final rule treats other response. the prevention activities supported statutory requirements. Paragraphs (d) Comment: One commenter, during the program year. We expect the and (e), which concern State and Indian representing a State program, concurred annual reports to provide information Tribal formula grants, spelled out with the rules and procedures proposed on the numbers of elderly served and on certain statutorily-related provisions in the NPRM. The commenter also the types of activities and services concerning confidentiality of records stressed the need for State and Indian which affect this population. In and tribal authorization requirements. tribal grantees to have an active, addition, the Administration on Aging, Because they are described in the collaborative relationship with in cooperation with the Administration funding announcement for the State and recipients of grants under those sections for Children and Families, in the Indian Tribal formula grant program, of the Act covered by the regulation and Department of Health and Human they do not need to be repeated in the recommended that the Federal Services is currently funding a study of regulatory text. We have added government establish guidelines for elder abuse in domestic settings. The clarifying language that applicable such collaboration. study is being carried out by the statutory requirements are described in Response: We agree with the National Center on Elder Abuse. the program funding announcements. commenter about the importance of Regulatory Procedures No other changes have been made to collaboration among grantees, other the notice of proposed rulemaking. governmental agencies, organizations, Executive Order 12866 and individuals involved in family Discussion of Part 1370—Family violence prevention and service Executive Order 12866 requires that Violence Prevention and Services activities. Currently, recipients of the regulations be reviewed to ensure that Programs State Domestic Violence Coalition they are consistent with the priorities and principles set forth in the Executive Purpose (Sec. 1370.1) grants participate with the State family violence grantees in monitoring and Order. The Department has determined This section states that sections 303, compliance activities. In addition, the that this rule is consistent with these 308, 311, and 314 of the Family national resource center and the three priorities and principles. No costs are Violence Prevention and Services Act special issue resource centers we have associated with this rule. are addressed in 45 CFR Part 1370 and funded have formed collaborative and Regulatory Flexibility Act states that all programs authorized participatory relationships not only under the Act are funded subject to the with State and tribal grantees but with The Regulatory Flexibility Act (Pub. availability of funds. other organizations, scholars, L. 96–354) requires the Federal State and Indian Tribal Grants (Sec. practitioners, and individuals in the government to anticipate and reduce the 1370.2) areas of domestic violence prevention impact of regulations and paperwork and services. We believe that, rather requirements on small entities. The This section establishes requirements than enacting a single set of Federal primary impact of these rules is on State for formula grants to States and Indian guidelines for collaboration, it is governments, non-profit organizations tribes and tribal organizations under preferable to retain the option of and individuals. We certify that these section 303 of the Act. promoting collaboration through a rules will not have a significant impact Information and Technical Assistance variety of methods which can be on a substantial number of small entities Center Grants (Sec. 1370.3) periodically reviewed and easily refined because they simply establish or augmented where necessary. procedures for grant applications and This section establishes requirements Comment: A commenter from a include no standards or requirements to support a national resource center national association noted that family which would burden small entities. and up to seven special issue resource violence programs have the potential to Thus, a regulatory flexibility analysis is centers under section 308 of the Act. offer needed services, information and not required. Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Rules and Regulations 6793

Paperwork Reduction Act applicable regulations. An Endangered Species of Wild Fauna and The regulation contains no announcement which describes the Flora (CITES or Convention) of bigleaf information collection requirements application process, including mahogany (Swietenia macrophylla) which are subject to review and information on statutory requirements, from the Americas and its saw-logs, approval by OMB under the Paperwork other applicable regulations, and any sawn wood and veneers only, as Reduction Act of 1995 (44 U.S.C. 3501 required financial and program reports, submitted by the Government of Costa et seq.). is published in the Federal Register. Rica. A list of the species contained in the CITES appendices is presented for List of Subjects in 45 CFR Part 1370 § 1370.3 Information and technical informational purposes in the U.S. Code assistance center grants. Aged, Child welfare, Grant of Federal Regulations at 50 CFR 23.23. programs—Social programs, Domestic Each grantee awarded funds under The Service will consider any violence, Family violence, Spouse section 308 of the Act must meet the comments received on whether to enter abuse, Elder abuse and neglect. statutory requirements of the Act and all a reservation on the addition of this applicable regulations. An species to Appendix III. Second, a (Catalog of Federal Domestic Assistance announcement which describes the phrase is revised in 50 CFR 23.23(d) to Programs: 93.671, Family Violence application process, including Prevention and Services Program) clarify that the regulated parts and information on statutory requirements, Dated: January 31, 1996. derivatives of plants are in some cases other applicable regulations, and any presented categorically, and in others Mary Jo Bane, required financial and program reports, set out with the particular entry on the Assistant Secretary for Children and Families. is published in the Federal Register. species in the list. For the reasons set forth in the § 1370.4 State domestic violence coalition DATES: This rule is effective on February preamble, Title 45, Chapter XIII, of the grants. 22, 1996. The recent change to Code of Federal Regulations is amended Appendix III set forth in this rule by adding a new subchapter H Each grantee awarded funds under section 311 of the Act must meet the entered into force on November 16, consisting of part 1370 to read as 1995, under the terms of the follows: statutory requirements of the Act and all applicable regulations. An Convention. SUBCHAPTER HÐFAMILY VIOLENCE announcement which describes the ADDRESSES: Please send correspondence PREVENTION AND SERVICES application process, including concerning the amendment announced in this rule to Chief, Office of Scientific PART 1370ÐFAMILY VIOLENCE information on statutory requirements, other applicable regulations, and any Authority, ARLSQ 725, U.S. Fish and PREVENTION AND SERVICES Wildlife Service, Washington, DC PROGRAMS required financial and program reports, is published in the Federal Register. 20240; fax number 703–358–2276. Sec. Express and messenger deliveries 1370.1 Purpose. § 1370.5 Public information campaign should be addressed to Chief, Office of 1370.2 State and Indian tribal grants. grants. Scientific Authority, Room 750, U.S. 1370.3 Information and technical assistance Each grantee awarded funds under Fish and Wildlife Service, 4401 North center grants. section 314 of the Act must meet the Fairfax Drive, Arlington, Virginia 22203. 1370.4 State domestic violence coalition statutory requirements of the Act and all The text of the Appendix III grants. applicable regulations. An notification from the Convention’s 1370.5 Public information campaign grants. announcement which describes the Secretariat is available on request, and Authority: 42 U.S.C. 10401 et seq. application process, including related materials are available for public § 1370.1 Purpose. information on statutory requirements, inspection by appointment, from 8 a.m. This part addresses sections 303, 308, other applicable regulations, and any to 4 p.m. Monday through Friday, at the 311, and 314 of the Family Violence required financial and program reports, above address in Arlington, Virginia. Please send certificate/permit Prevention and Services Act (the Act), is published in the Federal Register. questions or any applications as amended (42 U.S.C. 10401 et seq.). [FR Doc. 96–3931 Filed 2–21–96; 8:45 am] concerning this regulation to Chief, The Act authorizes the Secretary to BILLING CODE 4184±01±P Office of Management Authority, U.S. implement programs for the purposes of Fish and Wildlife Service, 4401 North increasing public awareness about and Fairfax Drive, Room 420c, Arlington, preventing family violence; providing DEPARTMENT OF THE INTERIOR Virginia 22203, fax number 703–358– immediate shelter and related assistance 2281. Express and messenger deliveries for victims of family violence and their Fish and Wildlife Service should be addressed to Chief, Office of dependents; and providing for technical Management Authority, at that assistance and training relating to family 50 CFR Part 23 Arlington address. violence programs to States, tribes, local RIN 1018±AD61 public agencies (including law FOR FURTHER INFORMATION CONTACT: Dr. Charles W. Dane, Chief, Office of enforcement agencies, courts, legal, Addition of Bigleaf Mahogany to Scientific Authority (telephone 703– social service, and health care Appendix III of the Convention on 358–1708), or the Branch of Permits, professionals), non-profit private International Trade in Endangered Office of Management Authority organizations and other persons seeking Species of Wild Fauna and Flora (telephone 800–358–2104). such assistance. All programs authorized under the Act are funded AGENCY: Fish and Wildlife Service, SUPPLEMENTARY INFORMATION: Interior. subject to the availability of funds. Background ACTION: Final rule. § 1370.2 State and Indian tribal grants. The Convention on International Each grantee awarded funds under SUMMARY: This rule announces the Trade in Endangered Species of Wild section 303 of the Act must meet the addition to Appendix III of the Fauna and Flora (TIAS 8249) regulates statutory requirements of the Act and all Convention on International Trade in international trade in certain animal and 6794 Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Rules and Regulations plant species. The species for which that they are being re-exported after an proposed-rule and public-comment trade in particular specimens is importation in accordance with CITES; process, since it is unnecessary and controlled are listed in Appendices I, II, or (3) that they were acquired before the contrary to the public interest [5 U.S.C. and III to the Convention. Appendix III provisions of the Convention applied to 553(b)]. Because bigleaf mahogany in comprises the list of species subject to them. All the countries of South the Americas was added to Appendix III regulation within any CITES Party America, Central America, and North of the Convention effective on country that has requested the America and some countries in the November 16, 1995, and because of the cooperation of the other Parties in Caribbean are Parties to the Convention. other reasons stated herein, the Service regulating international trade in the Beginning in 1976 with Resolution finds that good cause exists for making specified specimens of the species. Conf. 1.5, the Parties have this rule effective upon its date of This rule updates the list of CITES recommended that Article X of CITES publication [5 U.S.C. 553(d)]. species that is reproduced in the U.S. be applied so that equivalent Accordingly, paragraph (f) of § 23.23 of Code of Federal Regulations (CFR) at 50 documentation is required from non- 50 CFR is amended at the conclusion of CFR 23.23(f) (see the latest revision in Parties to the Convention. this document. the Federal Register of October 6, 1995 The Convention’s Secretariat as well At the ninth meeting of the [60 FR 52450]) by adding Swietenia as the United States Office of Conference of the Parties to the macrophylla (bigleaf mahogany) in the Management Authority have made Convention, the United States was Americas (i.e., South America, Central inquiries regarding the certificates of among 50 of 83 Parties that voted in America, the Caribbean, and North origin that exporting range countries favor of including this species in America) to Appendix III as advanced plan to issue for shipments of the Appendix II, which fell short of the two- by the Government of Costa Rica specimens of this species (e.g., saw-logs, thirds majority needed for adoption (see pursuant to Article XVI paragraph 1 of sawn wood, or veneer sheets). By the Federal Register notices of the Convention, including only its saw- February 9, 1996, responses had been November 8, 1994 [59 FR 55617] and logs, sawn wood, and veneers as the received from Mexico, Guatemala, January 3, 1995 [60 FR 73]). The Service parts or derivatives covered by the Belize, Honduras, Nicaragua, Venezuela, has not recommended entering a provisions of the Convention. Thus, Bolivia, and Brazil. For information on reservation on this Appendix III listing. products such as finished furniture are the types of documents required for Consideration for doing so would be excluded. Moreover, export of such importation into the United States, given if valid and compelling reasons specimens from plantations located as well as requests for any documents are shown that implementation of this outside the Americas is not regulated. needed for such re-export or export from listing would be contrary to the interests The CITES Secretariat notified all Party the United States, contact the Service’s or laws of the United States. The Service countries on August 18, 1995, of the Office of Management Authority now solicits comments on whether to addition to Appendix III of the (address and phone number above). enter a reservation, and particularly populations of this species in the Any Party at any time may enter a seeks any new information that becomes Americas. (the species is native from reservation on a species added to available. The Service will consider all Bolivia and Brazil to Mexico.) In Appendix III. A Party that has entered comments received, and if appropriate, accordance with Article XVI paragraph a reservation is treated as a country that will recommend that the United States 2, such an amendment becomes is not party to the Convention with submit a reservation to the depositary effective 90 days after notification, in respect to the trade in the species government (which is Switzerland). this case on November 16, 1995. All concerned (until such time as that Party Revision in CFR Based on Previous shipments exported on or after that date withdraws its reservation). The limited Changes to Appendices must be accompanied by appropriate effects of a reservation in alleviating documentation in compliance with importers and exporters from The first sentence of 50 CFR 23.23(d) CITES, which is to be presented upon documentation requirements with the stipulates that the readily recognizable import to the Party countries. other CITES Parties were thoroughly parts and derivatives of the animals and International trade in Appendix III discussed in a Federal Register notice plants included in the CITES species and their parts and derivatives on November 17, 1987 (52 FR 43924). In appendices are subject to the regulations that are specified as being included a subsequent Federal Register notice of of this part, unless specified otherwise requires the issuance of either an export March 28, 1988 (53 FR 9945; see also 53 for particular species in certain permit, a certificate of origin, a re-export FR 12497, April 14, 1988), the Service appendices (see 60 FR 50477, certificate, or a pre-Convention made a procedural change in requesting September 29, 1995 and 60 FR 52450, certificate, by the exporting or the re- comments about such reservations for October 6, 1995). The present rule exporting Party. An export permit, species added to Appendix III. Because provides the opportunity for a minor which signifies that the specimens were the effects of such a reservation are corrective change to that sentence to not obtained in contravention of the limited, and there is also no time limit clarify that exclusions of parts or laws of that country for conservation, is for reserving on a species added to derivatives for certain plant species are required if the shipment originates from Appendix III, a proposed rule is not presented with the particular entry on the Party that added the species to published at the time the list in § 23.23 that species, whereas for other plant Appendix III, in this case Costa Rica. is amended. Regardless of any U.S. taxa the exclusions or exemptions are Export from the other Party countries in decision to enter a reservation, this presented categorically in the text of 50 the Americas requires the issuance of particular amendment to Appendix III CFR 23.23(d). either a certificate from the country of entered into force on November 16, The opening language of § 23.23(d) in origin, a certificate from the country of 1995, under terms of the Convention. those recent Federal Register notices re-export, or a pre-Convention Publishing this rule informs the public mistakenly omitted reference to certificate (from the country of export); of this international action while still Appendices II and III listings of plant these documents legally verify either (1) affording those interested the species that may contain exclusions of that the specimens that were acquired opportunity and time to assess the certain readily recognizable parts and since the date of the species’ listing merits of entering a reservation. derivatives that are not addressed by the originated in a non-listing country; (2) Therefore, good cause exists to omit a categorical exclusions specified in Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Rules and Regulations 6795 paragraph (d). This ambiguity is to the treaty, do not require preparation Authority: Convention on International corrected in this rule in order to of Environmental Assessments as Trade in Endangered Species of Wild Fauna explicitly eliminate possible perception defined under authority of the National and Flora, 27 U.S.T. 1087; and Endangered of additional regulation of certain Environmental Policy Act (42 U.S.C. Species Act of 1973, as amended (16 U.S.C. 1531 et seq.). Appendix II or Appendix III plant 4321–4347). Since this Appendix III products. Absent compelling biological action has been taken by Costa Rica and 2. Section 23.23 is amended by reasons, the United States should not be communicated by the CITES Secretariat, revising paragraph (d) introductory text regulating parts or derivatives of the Department also has determined that to read as follows: Appendix II or III species that have not the Regulatory Flexibility Act (5 U.S.C. been specified by the Parties as in need 601 et seq.) does not apply to this listing § 23.23 Species listed in Appendices I, II, of trade control. This amendment thus process. This rule was not subject to and III. relieves unnecessary potential import review by the Office of Management and * * * * * restriction and avoids potential Budget under Executive Order 12866. (d) Unless specified otherwise, all inconsistent application of CITES This document was prepared by Drs. living or dead animals and plants in Bruce MacBryde and Charles W. Dane, requirements for Appendix II or III plant Appendix I, II or III, and all their readily Office of Scientific Authority, under the shipments. For the reasons set out recognizable parts and derivatives, are authority of the Endangered Species Act above, the Service finds that good cause subject to the regulations of this Part. of 1973, as amended (16 U.S.C. 1531 et exists to omit the public notice-and- Excluded are specified parts or seq., 87 Stat. 884, as amended). comment procedure of 5 U.S.C. 553(b), derivatives of particular Appendix III since such public process would be List of Subjects in 50 CFR Part 23 animal species and Appendix II and unnecessary and contrary to the public Appendix III plant species as indicated interest by continuing a potential Endangered and threatened species, Exports, Imports, and Treaties. in the listings of those taxa in needless regulatory burden and by subsection (f) below; furthermore, the potentially leading to inconsistent Regulation Promulgation following specified parts or derivatives administration of CITES for some of certain plants are categorically PART 23ÐENDANGERED SPECIES Appendix II or III plant shipments. For excluded or exempted: CONVENTION these same reasons, the Service finds * * * * * that good cause exists for making this Accordingly, for the reasons set out 3. Section 23.23(f) is amended by change effective upon publication of above in this document, Part 23, this notice [5 U.S.C. 553(d) (1) & (3)]. adding the following entry between the Subpart C of Title 50 (Chapter I, entries for Swietenia humilis and Other Procedural Requirements Subchapter B) of the Code of Federal Swietenia mahagoni under the plant Regulations is amended as set forth family Meliaceae: The Department has determined that below: changes to the Convention appendices, 1. The authority citation for Part 23 * * * * * which result from actions of the Parties continues to read as follows: (f) * * *

First list- ing date Species Common name Appendix (month/ day/year)

Plant kingdomÐFamily meliaceae: PlantsÐMahogany family.

******* Swietenia macrophylla populations in the Americas Bigleaf mahogany ...... III (Costa 11/16/95 (including saw-logs, sawn wood, and veneers, but Rica). no other parts or derivatives, e.g., products).

*******

Dated: January 22, 1996. George T. Frampton, Jr., Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 96–3366 Filed 2–21–96; 8:45 am] BILLING CODE 4310±55±M 6796

Proposed Rules Federal Register Vol. 61, No. 36

Thursday, February 22, 1996

This section of the FEDERAL REGISTER Dated at Rockville, Maryland, this 12th day Procedural Background of February 1996. contains notices to the public of the proposed Because NRC considers this action issuance of rules and regulations. The For the Nuclear Regulatory Commission. noncontroversial and routine, we are purpose of these notices is to give interested David L. Meyer, persons an opportunity to participate in the publishing this proposed rule rule making prior to the adoption of the final Chief, Rules Review and Directives Branch, concurrently as a Direct Final Rule. The rules. Division of Freedom of Information and Direct Final Rule will become effective Publications Services, Office of on April 22, 1996. However, if the NRC Administration. receives significant adverse comments NUCLEAR REGULATORY [FR Doc. 96–3941 Filed 2–21–96; 8:45 am] on the Direct Final Rule by March 25, COMMISSION BILLING CODE 7590±01±P 1996, then the NRC will publish a document that withdraws the Direct 10 CFR Chapter I Final Rule. If the Direct Final Rule is 10 CFR Parts 19, 30, 40, 50, 60, 61, 70, withdrawn, the NRC will address in a Issuance of Report on the NRC and 72 Regulatory Agenda Final Rule the comments received in response to the proposed revisions. RIN 3150±AF45 AGENCY: Nuclear Regulatory Absent significant modifications to the Commission. Employee Protection Policies; Minor proposed revisions requiring ACTION: Issuance of NRC Regulatory Amendments republication, the NRC will not initiate Agenda. a second comment period for this action AGENCY: Nuclear Regulatory in the event the Direct Final Rule is SUMMARY: The Nuclear Regulatory Commission. withdrawn. Commission (NRC) has issued the NRC ACTION: Proposed rule. Electronic Access Regulatory Agenda for the period covering June through December of SUMMARY: The Nuclear Regulatory Comments may be submitted 1995. This agenda provides the public Commission (NRC) is amending its electronically, in either ASCII text or with information about NRC’s regulations related to notices to workers Wordperfect format (version 5.1 or rulemaking activities. The NRC and to employee protection policies. later), by calling the NRC Electronic Regulatory Agenda is a compilation of This action is necessary to require the Bulletin Board on FedWorld. The all rules on which the NRC has recently use of an updated NRC Form 3, update bulletin board may be accessed using a completed action, or has proposed a telephone number, and to clarify the personal computer, a modem, and one action, or is considering action, and of applicability of employment of the commonly available all petitions for rulemaking that the discrimination policies. communications software packages, or NRC has received that are pending DATES: Comments on the proposed rule directly via Internet. disposition. Issuance of this publication must be received on or before March 25, If using a personal computer and is consistent with Section 610 of the 1996. modem, the NRC subsystem on FedWorld can be accessed directly by Regulatory Flexibility Act. ADDRESSES: Mail comments to: dialing the toll free number: 1–800– Secretary, U.S. Nuclear Regulatory ADDRESSES: A copy of this report, 303–9672. Communication software Commission, Washington, DC 20555– designated NRC Regulatory Agenda parameters should be set as follows: 0001, Attention: Docketing and Service (NUREG–936), Vol. 14, No. 2, is parity to none, data bits to 8, and stop Branch. Hand deliver comments to available for inspection, and copying for bits to 1 (N,8,1). Using ANSI or VT–100 11555 Rockville Pike, Maryland, a fee, at the Nuclear Regulatory terminal emulation, the NRC NUREGs between 7:45 am and 4:15 pm on Commission’s Public Document Room, and RegGuides for Comment subsystem Federal workdays. 2120 L Street, NW. (Lower Level), can then be accessed by selecting the Copies of any comments received may Washington, DC. ‘‘Rules Menu’’ option from the ‘‘NRC be examined at the NRC Public In addition, the U.S. Government Main Menu.’’ For further information Document Room, 2120 L Street NW Printing Office (GPO) sells the NRC about options available for NRC at (Lower Level), Washington, DC. Regulatory Agenda. To purchase it, a FedWorld, consult the ‘‘Help/ For information on submitting customer may call (202) 512–2249 or Information Center’’ from the ‘‘NRC comments electronically, see the write to the Superintendent of Main Menu.’’ Users will find the discussion under Electronic Access in Documents, U.S. Government Printing ‘‘FedWorld Online User’s Guides’’ the Supplementary Information Section. Office, Post Office Box 37082, particularly helpful. Many NRC Washington, DC 20013–7082. FOR FURTHER INFORMATION CONTACT: subsystems and databases also have a FOR FURTHER INFORMATION CONTACT: Mark Haisfield, Office of Nuclear ‘‘Help/Information Center’’ option that Michael T. Lesar, Chief, Rules Review Regulatory Research, U.S. Nuclear is tailored to the particular subsystem. Section, Rules Review and Directives Regulatory Commission, Washington, The NRC subsystem on FedWorld can Branch, Division of Freedom of DC 20555–0001, telephone (301) 415– also be accessed by a direct dial phone Information and Publications Services, 6196. number for the main FedWorld BBS, Office of Administration, U.S. Nuclear SUPPLEMENTARY INFORMATION: 703–321–3339, or by using Telnet via Regulatory Commission, Washington, For additional information see the Internet, fedworld.gov. If using 703– DC 20555–0001, Telephone: (301) 415– Direct Final Rule published in the rules 321–3339 to contact FedWorld, the NRC 7163, toll-free number (800) 368–5642. section of this Federal Register. subsystem will be accessed from the Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Proposed Rules 6797 main FedWorld menu by selecting the Reporting and recordkeeping 1242, as amended, 1244, 1246 (42 U.S.C. ‘‘Regulatory, Government requirements, Source material, Special 5841, 5842, 5846). Administration and State Systems,’’ nuclear material. Section 30.7 also issued under Pub. L. 95– then selecting ‘‘Regulatory Information 601, sec. 10, 92 Stat. 2951 as amended by 10 CFR Part 50 Mall.’’ At that point, a menu will be Pub. L. 102–486, sec. 2902, 106 Stat. 3123, displayed that has an option ‘‘U.S. Antitrust, Classified information, (42 U.S.C. 5851). Section 30.34(b) also issued Criminal penalties, Fire protection, under sec. 184, 68 Stat. 954, as amended (42 Nuclear Regulatory Commission’’ that U.S.C. 2234). Section 30.61 also issued under will take you to the NRC Online main Intergovernmental relations, Nuclear sec. 187, 68 Stat. 955 (42 U.S.C. 2237). menu. The NRC Online area also can be power plants and reactors, Radiation accessed directly by typing ‘‘/go nrc’’ at protection, Reactor siting criteria, PART 40ÐDOMESTIC LICENSING OF a FedWorld command line. If you access Reporting and recordkeeping SOURCE MATERIAL NRC from FedWorld’s main menu, you requirements. 3. The authority citation for Part 40 may return to FedWorld by selecting the 10 CFR Part 60 continues to read as follows: ‘‘Return to FedWorld’’ option from the NRC Online Main Menu. However, if Criminal penalties, High-level waste, Authority: Secs. 62, 63, 64, 65, 81, 161, you access NRC at FedWorld by using Nuclear power plants and reactors, 182, 183, 186, 68 Stat. 932, 933, 935, 948, NRC’s toll-free number, you will have Nuclear materials, Reporting and 953, 954, 955, as amended, secs. 11e(2), 83, 84, Pub. L. 95–604, 92 Stat. 3033, as full access to all NRC systems but you recordkeeping requirements, Waste treatment and disposal. amended, 3039, sec. 234, 83 Stat. 444, as will not have access to the main amended (42 U.S.C. 2014(e)(2), 2092, 2093, FedWorld system. 10 CFR Part 61 2094, 2095, 2111, 2113, 2114, 2201, 2232, If you contact FedWorld using Telnet, Criminal penalties, Low-level waste, 2233, 2236, 2282); sec. 274, Pub. L. 86–373, you will see the NRC area and menus, 73 Stat. 688 (42 U.S.C. 2021); secs. 201, as Nuclear materials, Reporting and including the Rules menu. Although amended, 202, 206, 88 Stat. 1242, as recordkeeping requirements, Waste you will be able to download amended, 1244, 1246 (42 U.S.C. 5841, 5842, treatment and disposal. documents and leave messages, you will 5846); sec. 275, 92 Stat. 3021, as amended by Pub. L. 97–415, 96 Stat. 2067 (42 U.S.C. not be able to write comments or upload 10 CFR Part 70 2022). files (comments). If you contact Criminal penalties, Hazardous Section 40.7 also issued under Pub. L. 95– FedWorld using FTP, all files can be materials transportation, Material 601, sec. 10, 92 Stat. 2951 as amended by accessed and downloaded but uploads control and accounting, Nuclear Pub. L. 102–486, sec 2902, 106 Stat. 3123, (42 are not allowed; all you will see is a list materials, Packaging and containers, U.S.C. 5851). Section 40.31(g) also issued of files without descriptions (normal Radiation protection, Reporting and under sec. 122, 68 Stat. 939 (42 U.S.C. 2152). Gopher look). An index file listing all recordkeeping requirements, Scientific Section 40.46 also issued under sec. 184, 68 files within a subdirectory, with Stat. 954, as amended (42 U.S.C. 2234). equipment, Security measures, Special Section 40.71 also issued under sec. 187, 68 descriptions, is included. There is a 15- nuclear material. minute time limit for FTP access. Stat. 955 (42 U.S.C. 2237). 10 CFR Part 72 Although FedWorld can be accessed PART 50ÐDOMESTIC LICENSING OF through the World Wide Web, like FTP Manpower training programs, Nuclear PRODUCTION AND UTILIZATION that mode only provides access for materials, Occupational safety and FACILITIES downloading files and does not display health, Reporting and recordkeeping the NRC Rules menu. requirements, Security measures, Spent 4. The authority citation for Part 50 For more information on NRC bulletin fuel. continues to read as follows: boards call Mr. Arthur Davis, Systems Authority: Secs. 102, 103, 104, 105, 161, Integration and Development Branch, PART 19ÐNOTICES, INSTRUCTIONS 182, 183, 186, 189, 68 Stat. 936, 937, 938, U.S. Nuclear Regulatory Commission, AND REPORTS TO WORKERS: 948, 953, 954, 955, 956, as amended, sec. Washington, DC 20555, telephone (301) INSPECTION AND INVESTIGATIONS 234, 83 Stat. 1244, as amended (42 U.S.C. 415–5780; e-mail [email protected]. 2132, 2133, 2134, 2135, 2201, 2232, 2233, 1. The authority citation for Part 19 2236, 2239, 2282); secs. 201, as amended, List of Subjects continues to read as follows: 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846). 10 CFR Part 19 Authority: Secs. 53, 63, 81, 103, 104, 161, 186, 68 Stat. 930, 933, 935, 936, 937, 948, Section 50.7 also issued under Pub. L. 95– Criminal penalties, Environmental 955, as amended, sec. 234, 83 Stat. 444, as 601, sec. 10, 92 Stat. 2951 as amended by protection, Nuclear materials, Nuclear amended, sec. 1701, 106 Stat. 2951, 2952, Pub. L. 102–486, sec. 2902, 106 Stat 3123, (42 power plants and reactors, Occupational 2953 (42 U.S.C. 2073, 2093, 2111, 2133, 2134, U.S.C. 5851). Section 50.10 also issued under safety and health, Radiation protection, 2201, 2236, 2282 2297f); sec. 201, 88 Stat. secs. 101, 185, 68 Stat. 936, 955, as amended Reporting and recordkeeping 1242, as amended (42 U.S.C. 5841); Pub. L. (42 U.S.C. 2131, 2235); sec. 102, Pub. L. 91– 190, 83 Stat. 853 (42 U.S.C. 4332). Sections requirements, Sex discrimination. 95–601, sec. 10, 92 Stat. 2951 (42 U.S.C. 5851). 50.13, 50.54(dd), and 50.103 also issued 10 CFR Part 30 under sec. 108, 68 Stat. 939, as amended (42 PART 30ÐRULES OF GENERAL U.S.C. 2138). Sections 50.23, 50.35, 50.55, Byproduct material, Criminal APPLICABILITY TO DOMESTIC and 50.56 also issued under sec. 185, 68 Stat. penalties, Government contracts, LICENSING OF BYPRODUCT 955 (42 U.S.C. 2235). Sections 50.33a, 50.55a and Appendix Q also issued under sec. 102, Intergovernmental relations, Isotopes, MATERIAL Nuclear materials, Radiation protection, Pub. L. 91–190, 83 Stat. 853 (42 U.S.C. 4332). Reporting and recordkeeping 2. The authority citation for Part 30 Sections 50.34 and 50.54 also issued under requirements. continues to read as follows: sec. 204, 88 Stat. 1245 (42 U.S.C. 5844). Sections 50.58, 50.91, and 50.92 also issued 10 CFR Part 40 Authority: Secs. 81, 82, 161, 182, 183, 186, under Pub. L. 97–415, 96 Stat. 2073 (42 68 Stat. 935, 948, 953, 954, 955, as amended, U.S.C. 2239). Section 50.78 also issued under Criminal penalties, Government sec. 234, 83 Stat. 444, as amended (42 U.S.C. sec. 122, 68 Stat. 939 (42 U.S.C. 2152). contracts, Hazardous materials 2111, 2112, 2201, 2232, 2233, 2236, 2282); Sections 50.80–50.81 also issued under sec. transportation, Nuclear materials, secs. 201, as amended, 202, 206, 88 Stat. 184, 68 Stat. 954, as amended (42 U.S.C. 6798 Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Proposed Rules

2234). Appendix F also issued under sec. Authority: Secs. 51, 53, 57, 62, 63, 65, 69, participants will want to address. All 187, 68 Stat. 955 (42 U.S.C 2237). 81, 161, 182, 183, 184, 186, 187, 189, 68 Stat. persons are hereby given notice of the 929, 930, 932, 933, 934, 935, 948, 953, 954, opportunity to attend the public PART 60ÐDISPOSAL OF HIGH-LEVEL 955, as amended, sec. 234, 83 Stat. 444, as workshop. RADIOACTIVE WASTE IN GEOLOGIC amended (42 U.S.C. 2071, 2073, 2077, 2092, REPOSITORIES 2093, 2095, 2099, 2111, 2201, 2232, 2233, DATES: The public workshop will be 2234, 2236, 2237, 2238, 2282); sec. 274, Pub. held on Tuesday, March 19, 1996, from 5. The authority citation for Part 60 L. 86–373, 73 Stat. 688, as amended (42 9:00 a.m. to 4:30 p.m. and Wednesday, continues to read as follows: U.S.C. 2021); sec. 201, as amended, 202, 206, March 20, 1996, from 9 a.m. to 1 p. m. Authority: Secs. 51, 53, 62, 63, 65, 81, 161, 88 Stat. 1242, as amended, 1244, 1246 (42 182, 183, 68 Stat. 929, 930, 932, 933, 935, U.S.C. 5841, 5842, 5846); Pub. L. 95–601, sec. ADDRESSES: The workshop will be held 948, 953, 954, as amended (42 U.S.C. 2071, 10, 92 Stat. 2951 as amended by Pub. L. 102– at the Embassy Suites Hotel (Crystal 2073, 2092, 2093, 2095, 2111, 2201, 2232, 486, sec. 7902, 106 Stat. 3123 (42 U.S.C. City), 1300 Jefferson Davis Highway, 5851); sec. 102, Pub. L. 91–190, 83 Stat. 853 2233); secs. 202, 206, 88 Stat. 1244, 1246 (42 Arlington, VA 22202. U.S.C. 5842, 5846); secs. 10 and 14, Pub. L. (42 U.S.C. 4332); secs. 131, 132, 133, 135, 95–601, 92 Stat. 2951 (42 U.S.C. 2021a and 137, 141, Pub. L. 97–425, 96 Stat. 2229, 2230, Copies of the interview findings, 5851); sec. 102, Pub. L. 91–190, 83 Stat. 853 2232, 2241, sec. 148, Pub. L. 100–203, 101 stakeholders’ comments, and this notice (42 U.S.C. 4332); secs. 114, 121, Pub. L. 97– Stat. 1330–235 (42 U.S.C. 10151, 10152, may be viewed at the DOE Freedom of 425, 96 Stat. 2213g, 2228, as amended (42 10153, 10155, 10157, 10161, 10168). Information Reading Room, Forrestal U.S.C. 10134, 10141) and Pub. L. 102–486, Section 72.44(g) also issued under secs. Building, Room 1E–190, 1000 sec 2902, 106 Stat. 3123 (42 U.S.C. 5851). 142(b) and 148(c), (d), Pub. L. 100–203, 101 Independence Avenue, SW, Stat. 1330–232, 1330–236 (42 U.S.C. PART 61ÐLICENSING 10162(b), 10168(c), (d)). Section 72.46 also Washington, DC 20585, (202) 586–6020 REQUIREMENTS FOR LAND issued under sec. 189, 68 Stat. 955 (42 U.S.C. between the hours of 9 a.m. and 4 p.m. DISPOSAL OF RADIOACTIVE WASTE 2239); sec. 134, Pub. L. 97–425, 96 Stat. 2230 Monday through Friday, except Federal (42 U.S.C. 10154). Section 72.96(d) also holidays. 6. The authority citation for Part 61 issued under sec. 145(g), Pub. L. 100–203, FOR FURTHER INFORMATION CONTACT: continues to read as follows: 101 Stat. 1330–235 (42 U.S.C. 10165(g)). Authority: Secs. 53, 57, 62, 63, 65, 81, 161, Subpart J also issued under secs. 2(2), 2(15), Bryan Berringer, U.S. Department of 182, 183, 68 Stat. 930, 932, 933, 935, 948, 2(19), 117(a), 141(h), Pub. L. 97–425, 96 Stat. Energy, Office of Energy Efficiency 953, 954, as amended (42 U.S.C. 2073, 2077, 2202, 2203, 2204, 2222, 2224 (42 U.S.C. and Renewable Energy, Forrestal 2092, 2093, 2095, 2111, 2201, 2232, 2233); 10101, 10137(a), 10161(h)). Subparts K and L Building, Mail Station EE–431, 1000 secs. 202, 206, 88 Stat. 1244, 1246 (42 U.S.C. are also issued under sec. 133, 98 Stat. 2230 (42 U.S.C. 10153) and sec. 218(a), 96 Stat. Independence Avenue, SW, 5842, 5846); secs. 10 and 14, Pub. L. 95–601, Washington, DC 20585–0121, (202) 92 Stat. 2951 (42 U.S.C. 2021a and 5851) and 2252 (42 U.S.C. 10198). Pub. L. 102–486, sec 2902, 106 Stat. 3123, (42 Dated at Rockville, Maryland this 7th day 586–0371 U.S.C. 5851). of February, 1996. Douglas W. Smith, U.S. Department of For the Nuclear Regulatory Commission. Energy, Office of General Counsel, PART 70ÐDOMESTIC LICENSING OF James M. Taylor, Forrestal Building, Mail Station GC– SPECIAL NUCLEAR MATERIAL Executive Director for Operations. 70, 1000 Independence Avenue, SW, 7. The authority citation for Part 70 [FR Doc. 96–3937 Filed 2–21–96; 8:45 am] Washington, DC 20585–0103, (202) 586–3410 continues to read as follows: BILLING CODE 7590±01±P Authority: Secs. 51, 53, 161, 182, 183, 68 Deborah Miller, U.S. Department of Stat. 929, 930, 948, 953, 954, as amended, Energy, Office of Energy Efficiency sec. 234, 83 Stat. 444, as amended, sec. 1701, DEPARTMENT OF ENERGY and Renewable Energy, Forrestal 106 Stat. 2951, 2952, 2953 (42 U.S.C. 2071, Building, Mail Station EE–1, 1000 2073, 2201, 2232, 2233, 2282, 2297f); secs. Office of Energy Efficiency and Independence Avenue, SW., 201, as amended, 202, 204, 206, 88 Stat. Renewable Energy Washington, D.C. 20585—0121, (202) 1242, as amended, 1244, 1245, 1246 (42 586–8888 U.S.C. 5841, 5842, 5845, 5846). 10 CFR Part 430 Sections 70.1(c) and 70.20a(b) also issued SUPPLEMENTARY INFORMATION: The under secs. 135, 141, Pub. L. 97–425, 96 Stat. Energy Conservation Program for Department has initiated a 2232, 2241 (42 U.S.C. 10155, 10161). Section Consumer Products: Public Workshop comprehensive process improvement 70.7 also issued under Pub. L. 95–601, sec. effort to examine, through a series of 10, 92 Stat. 2951 (42 U.S.C. 5851). Section on the Improvements of the Appliance 70.21(g) also issued under sec. 122, 68 Stat. Standards Rulemaking Process stakeholder meetings and interviews, 939 (42 U.S.C. 2152). Section 70.31 also issues surrounding the appliance issued under sec. 57d, Pub. L. 93–377, 88 AGENCY: Office of Energy Efficiency and standards program. The initial findings Stat. 475 (42 U.S.C. 2077). Sections 70.36 and Renewable Energy, Department of from these meetings and interviews will 70.44 also issued under sec. 184, 68 Stat. 954, Energy. be the basis for discussion of possible as amended (42 U.S.C. 2234). Section 70.61 ACTION: Notice of public workshop. initiatives the Department will also issued under secs. 186, 187, 68 Stat. 955 undertake to improve the appliance (42 U.S.C. 2236, 2237). Section 70.62 also SUMMARY: The Department of Energy rulemaking process. issued under sec. 108, 68 Stat. 939, as (the Department or DOE) will hold a amended (42 U.S.C. 2138). public workshop to discuss possible A public workshop will be held on March 19 and March 20, 1996 at the PART 72ÐLICENSING initiatives that it will undertake to improve the appliance standards Embassy Suites Hotel in Arlington, REQUIREMENTS FOR THE Virginia. The workshop topics will INDEPENDENT STORAGE OF SPENT program. The issues for discussion and comment include those relating to the cover issues relating to the planning and NUCLEAR FUEL AND HIGH-LEVEL prioritization process, data collection RADIOACTIVE WASTE planning and prioritization process, data collection and analysis and and analysis and decision making 8. The authority citation for Part 72 decision making criteria. In addition, criteria. continues to read as follows: there may be other issues the The workshop agenda is as follows: Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Proposed Rules 6799

Tuesday, March 19 of the public and the environment Rule). The Proposed Rule would adopt I. Summary of findings from stakeholder against exposure to radiation from dose limits for exposure of members of meetings and interviews followed conduct of DOE activities. The purpose the public to radiation and require the by questions and answers. of this notice is to reopen the comment reporting of doses above specified II. Overview of proposed improvements period for 30 days in order to solicit levels. It would also require the comments on an option being assessment of all releases of radioactive presented by the Department considered to protect terrestrial plants material and all doses and potential followed by questions and answers. and animals from exposure to radiation. doses to the public from DOE activities III. Small group discussion of This option is being considered in light to ensure that they are managed in unresolved questions/topics. of comments received which accordance with the Department’s ‘‘as Wednesday, March 20 recommended that radiation protection low as is reasonably achievable’’ I. The Department will present a be required for terrestrial organisms in (ALARA) policy. Among the dose limits proposed were proposed methodology for a manner similar to that proposed for limits intended to protect native aquatic prioritizing the rulemaking agenda aquatic organisms. animal organisms. Subpart F proposed for discussion. DATES: The comment period expires March 25, 1996. Comments received an absorbed dose limit of 1 rad/day After completion of the workshop, the after this date will be considered if it is (0.01 Gray/day) for aquatic animal Department will review all of the practical to do so, but the Department is organisms from exposure to radiation or findings and other recommendations. able to ensure consideration of only radioactive material discharged in The Department plans to announce the those comments received on or before liquid waste to natural waterways. The initiatives it will undertake as a result this date. limit was derived from the Department’s of the appliance standards process ADDRESSES: order DOE 5400.5 and a report of the improvement in April 1996. Written comments on 10 CFR Part 834 (11 copies) should be National Council on Radiation The workshop will be professionally 1 addressed to: PART 834, Mr. Andrew Protection and Measurements (NCRP). facilitated to encourage discussion and Wallo, U.S. Department of Energy, A public hearing on proposed 10 CFR comments on the topics. Office of Environment, Safety and Part 834 was held on May 13, 1993 in Copies of the interview findings, Health, EH–412, 1000 Independence Germantown, Maryland and the 60-day stakeholders’ comments, and this notice Avenue, S.W., Washington, D.C. 20585. comment period closed on June 22, are available in the DOE Freedom of PUBLIC READING ROOM: Copies of 1993. Information Reading Room. A copy of the March 25, 1993 Notice of Proposed Comments received on Subpart F of the workshop transcript will be Rulemaking; written comments received the Proposed Rule regarding aquatic available in the DOE public reading on the March 25, 1993 Notice; the organisms recommended expanding the room approximately 10 days after the August 31, 1995 Notice of Limited rule to include terrestrial biota (both workshop. Reopening of Comment Periods; the plant and animal organisms) in order to A briefing document will be sent to draft regulatory language made available provide consistent regulation of all participants that notify the by the August 31, 1995 Notice; the radiation exposure to biota. Department in advance that they will September 13, 1995 corrected Notice; In June of 1994, DOE sponsored a attend. There will also be an written comments received on the Workshop on the Effects of Ionizing opportunity to submit written August 31, 1995 Notice; and the Radiation on Terrestrial Plants and comments after the workshop. Please December 1995 Workshop Report are Animals. This workshop was attended notify Bryan Berringer at the above contained in Docket No. EH–RM–93– by experts in radioecology and listed address of your intention to 834. This docket is available for ecological risk assessment. The purpose attend the workshop or if you have examination in DOE’s Freedom of of the workshop was twofold: (1) to written comments. review a 1992 International Atomic Information Reading Room, 1E–190, 2 Issued in Washington, DC February 14, Forrestal Building, 1000 Independence Energy Agency (IAEA) report on 1996. Avenue, S.W., Washington, D.C. 20585, protecting terrestrial plants and animals Brian T. Castelli, (202) 586–6020, between 9 a.m. and 4 from radiation and (2) to determine if Chief of Staff, Energy Efficiency and p.m., Monday through Friday, except there was sufficient information to Renewable Energy. Federal holidays. support setting standards for protection of terrestrial biota from ionizing [FR Doc. 96–4021 Filed 2–21–96; 8:45 am] FOR FURTHER INFORMATION CONTACT: Mr. radiation. The workshop resulted in a BILLING CODE 6450±01±P Andrew Wallo, or Mr. Harold T. published report summarizing its Peterson, Jr., U.S. Department of Energy, consensus findings and conclusions.3 Office of Environment, Safety and 10 CFR Part 834 Health, EH–412, 1000 Independence 1 National Council on Radiation Protection and [Docket No. EH±RM±93±834] Avenue, S.W., Washington, D.C. 20585, Measurements (NCRP), ‘‘Effects of Ionizing (202) 586–2409, fax (202) 586–3915. Radiation on Aquatic Organisms,’’ NCRP Report No. RIN 1901±AA38 109 (August 30, 1991). Available for sale from the SUPPLEMENTARY INFORMATION: National Council on Radiation, Protection and Radiation Protection of the Public and Background Measurements, 7910 Woodmont Avenue, Bethesda, the Environment MD 20814. On March 25, 1993, the Department 2 International Atomic Energy Agency (IAEA), AGENCY: Department of Energy. published a Notice of Proposed ‘‘Effects of ionizing radiation on plants and animals at levels implied by current radiation protection ACTION: Notice of limited reopening of Rulemaking (58 FR 16268) to codify, in standards.’’ IAEA Technical Report No. 332, the comment period. a new part, the Department’s policies Vienna:IAEA (1992), Available for sale from and procedures for protecting the public UNIPUB, Inc., 4611–F Assembly Drive, Lantham, SUMMARY: On March 25, 1993, DOE and the environment against exposure MD 20706–4391 (301–459–7666). 3 Barnthouse, L. W., ‘‘Effects of Ionizing Radiation published a Notice of Proposed to radiation resulting from activities on Terrestrial Plants and Animals: A Workshop Rulemaking to add a new part conducted by or for the Department Report.’’ Martin Marietta Energy Systems. Oak establishing standards for the protection (hereafter referred to as the Proposed Continued 6800 Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Proposed Rules

The workshop participants concluded Based on comments received requiring that a DOE activity shall be that the 0.1 rad/day (0.001 Gray/day) supporting the inclusion of terrestrial conducted in a manner such that the limit for terrestrial animals and the 1 plants and animals and the findings and absorbed dose to terrestrial plants (e.g., rad/day (0.01 Gray/day) limit for conclusions of the Workshop on the fern, conifer, or flowering plant) would terrestrial plants recommended by the Effects of Ionizing Radiation on not exceed 1 rad (0.01 Gray) per day IAEA were adequately supported by the Terrestrial Plants and Animals, the from exposure to radiation or available scientific literature. The Department is considering the option of radioactive material released into the participants determined that existing including in 10 CFR Part 834 a section, terrestrial environment. data support the application of the dose 834.232, which would contain dose Terrestrial animals, pursuant to limits for populations of terrestrial limits for the protection of terrestrial § 834.233, would be protected by organisms to representative rather than plants; a section, 834.233, which would requiring that a DOE activity shall be maximally exposed individuals. Doses contain dose limits for the protection of conducted in a manner such that the within the limits to representative terrestrial animals; and a section, absorbed dose to terrestrial animals members of a population would not be 834.234, which would require a (e.g., amphibian, reptile, bird, or expected to cause adverse effects on demonstration of compliance. The mammal) would not exceed 0.1 rad such populations. Workshop demonstration of compliance section (0.001 Gray) per day from exposure to participants further agreed with the would allow for a graded approach for radiation or radioactive material IAEA report that protecting humans compliance with §§ 834.231, 834.232, released into the terrestrial generally protects plants and animals and 834.233 to take into consideration environment. except when: (1) Human access is various degrees of potential exposure of Compliance under § 834.234(a) would restricted but access by biota is not plants and animals to radionuclides in be demonstrated by: (1) estimating the restricted, (2) unique exposure the aquatic and terrestrial environments. absorbed dose to a representative pathways exist for plants and animals This approach recognizes the concept aquatic or terrestrial organism, or to that do not affect exposure of humans, that if humans are protected, aquatic models of hypothetical organisms (3) rare or endangered species are and terrestrial biota are protected as chosen to represent populations or present, or (4) other stresses on the well and that special measures for whole communities of such organisms; population are significant. In such protecting plants and animals are, (2) using secondary effluent or cases, site-specific evaluations were therefore, not needed under such environmental concentration-based recommended to ensure that plants and conditions. However, in situations screening criteria derived by calculating animals were being protected. where (1) the protection of humans is doses to a representative organism; or On August 31, 1995, DOE published achieved by controlling access to (3) meeting the conditions of a Notice of Limited Reopening of contaminated areas without § 834.234(c). Site-specific analyses Comment Periods (60 FR 45381), commensurate restrictions of access by would be required in some cases corrected September 13, 1995 (60 FR biota, (2) unique exposure pathways pursuant to § 834.234(a)(1) and (2). 47498), of the draft final rule, 10 CFR exist for plants and animals that do not Endangered species under Part 834 (the Notice), for public review affect exposure of humans, (3) rare or § 834.234(b) would be protected (1) by and comment. The Notice specifically endangered species are present, or (4) providing that, unless the conditions of requested comment on Subpart F, other stresses on the population are § 834.234(c) are met, potential doses to ‘‘Requirements for the Protection of significant, additional evaluations or a hypothetical maximally exposed plant Biota,’’ concerning dose limits for measures may be required to protect or animal shall be evaluated to confirm aquatic animals. The regulatory biota. whether measures taken to protect language made available by the Notice Based on the similarity of approach populations of non-endangered species reserved a section for requirements for between the methods of regulating would be adequate for the protection of the protection of terrestrial plants and a exposure to aquatic and terrestrial endangered species, or (2) if the section for the protection of terrestrial organisms, the Department is requirements of § 834.234(b)(1) cannot animals. The comment period ended considering the option of including the be ensured, by implementing remedial October 13, 1995. requirements for protection of terrestrial measures. Commenters on the dose limit in organisms in the final rule in 10 CFR Pursuant to § 834.234(c), no analysis Subpart F agreed that populations of Part 834 at the same time as the final of exposure to terrestrial or aquatic biota aquatic animal organisms would be rule is issued. would need to be performed if the protected under the draft final rule. potential exposure to radionuclides in Commenters also indicated, however, Summary of Provisions for Protection the aquatic or terrestrial environments that similar protection for terrestrial of Biota were such that a human could organisms should be developed under The Department is considering the continuously inhabit the location of the this rule and that the currently reserved option of including the following contaminated media, ingest the water paragraphs, § 843.232 for terrestrial provisions in Subpart F of proposed 10 and food grown on the media, and the plants and § 834.233 for terrestrial CFR Part 834 for the Protection of Biota. potential dose would not exceed the animals, be included in the current Under § 834.231, aquatic animals would limit for members of the general public rulemaking. The comments support the be protected by requiring that a DOE (100 mrem or 1 mSv per year) in concepts in the current scientific activity shall be conducted in a manner Subpart B of the Proposed Rule, literature which are summarized in the such that the absorbed dose to aquatic § 834.101. If this dose limit is not 1992 IAEA Report No. 332 2 and the animals (e.g., fish, mollusk, crustacean exceeded, the biota may be considered DOE-sponsored workshop report.3 or any other aquatic invertebrate) would protected and no analysis of exposure to not exceed 1 rad (0.01 Gray) per day the biota would need to be performed. Ridge National Laboratory Report, ORNL/TM– from exposure to radiation or 13141 (December 1995). Copies are available for radioactive material released into the Request for Comments sale from the National Technical Information Service (NTIS), 5285 Port Royal Road, Springfield, aquatic environment. Comments are invited on whether the VA 22161. This report is also available in the Terrestrial plants, pursuant to proposed dose limits are adequate to docket for this rulemaking. § 834.232, would be protected by protect terrestrial and aquatic Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Proposed Rules 6801 organisms. In evaluating these limits, it Secretary, Federal Trade Commission, not specifically directed at labels should be noted that the proposed dose Room 159, Washington, D.C. 20580, required by other countries.1 limit for protection of members of the 202–326–2506, and should be The Commission is considering general public (100 mrem or 1 mSv per submitted, when feasible and not whether permitting side-by-side or back- year) is equivalent to 0.00027 rad per burdensome, in five copies. Envelops to-back labeling would be confusing to day and, where exposure of humans can and comments should be marked: consumers, and thereby reduce the ‘‘Appliance Labeling Rule comment.’’ occur, would be far more restrictive effectiveness of the EnergyGuide. For than the proposed dose limits for FOR FURTHER INFORMATION CONTACT: example, three labels side by side might terrestrial or aquatic organisms. The James G. Mills, Attorney, Division of create information overload, resulting in Department urges interested members of Enforcement, Federal Trade consumers ignoring the information. the public to comment on the important Commission, Washington, D.C. 20580 But, the Commission believes that issues discussed above. Comments (202–326–3035). consumers may realize that only one submitted previously in response to the SUPPLEMENTARY INFORMATION: In a letter label is pertinent to U.S. consumers Department’s August 31, 1995 and to the Commission’s staff, the Whirlpool (because the Canadian label is in September 13, 1995 Notices need not be Corporation (‘‘Whirlpool’’) requested English and French, and the Mexican resubmitted. permission to use hang tag EnergyGuide label is in Spanish 2). The Commission’s labels that have the corresponding Issued in Washington, D.C. on February 15, label also says in two places that the ‘‘EnerGuide’’ appliance energy use label 1996. information on the label is derived from required by Canada printed on the Tara O’Toole, U.S. government standard tests and Assistant Secretary, Environment, Safety and reverse side. Whirlpool also asked to use a ‘‘same side’’ approach, which a utility costs. Further, unlike in the past, Health. the U.S. and Canada, and, to a slightly [FR Doc. 96–4022 Filed 2–21–96; 8:45 am] Whirlpool representative clarified as meaning a single stick-on or hang tag lesser extent, Mexico, now use BILLING CODE 6450±01±P label consisting of the Commission’s compatible test procedures for EnergyGuide immediately next to (or identifying energy use, and require above) the appropriately corresponding information to be reported in terms of FEDERAL TRADE COMMISSION Canadian EnerGuide, or the appliance kilowatt-hour use per year. Thus, the information being disclosed on each 16 CFR Part 305 energy use label required by Mexico, or both labels. country’s label is similar and this may make the possibility of confusion less Rule Concerning Disclosures In support of its request, Whirlpool likely.3 Moreover, U.S. consumers are Regarding Energy Consumption and stated that the continued existence of already seeing Canadian labels on some Water Use of Certain Home Appliances separate appliance labeling appliances (especially in the northern and Other Products Required Under requirements among U.S., Canada, and states), and possibly Mexican labels, the Energy Policy and Conservation Mexico represents an obstacle to free Act (``Appliance Labeling Rule'') trade among the signatories to NAFTA. although not directly adjoining the Whirlpool contended that the EnergyGuide. And, on many packages, AGENCY: Federal Trade Commission. consolidation of the labels required by instruction manuals, and labels, it is ACTION: Proposed rule and request for the different countries onto a single common to see information presented in comments. piece of label stock would eliminate that more than one language because the obstacle. Whirlpool also stated that products are shipped to multiple SUMMARY: The Federal Trade using such labels would save Whirlpool countries. The Commission believes Commission (‘‘Commission’’) proposes significant resources by reducing the that, in this increasingly global to amend its Appliance Labeling Rule number of separate U.S. and Canadian marketplace, consumers may not be (‘‘the Rule’’), 16 CFR Part 305 (1995), to models of appliances that Whirlpool confused or misled by the presence of permit the placement of energy use produces and by reducing labeling multiple appliance energy use labels, as labels required by the Canadian and expenses. long as they can clearly distinguish Mexican governments in a local Section 305.11(a)(5)(i)(K) of the Rule, 16 ‘‘directly adjoining’’ the Rule’s required CFR 305.11(a)(5)(i)(K), states that: No marks 1 Although this language prohibits the types of ‘‘EnergyGuide’’ label. Currently, the or information other than that specified in labeling practices that Whirlpool has asked Rule prohibits the affixation of non- this Part shall appear on or directly adjoining permission to use, manufacturers, of course, can [the EnergyGuide] label except for a part or place the appliance energy labels of other countries, required information ‘‘on or directly or any other labels, in locations on their products adjoining’’ the EnergyGuide. The publication number identification, as desired by the manufacturer. * * * [emphasis added] that are not ‘‘on or directly adjoining’’ the relaxation of this prohibition would EnergyGuide. further the goal of the North American The language in this section pertains 2 To extent that U.S. residents speak and read Free Trade Agreement (‘‘NAFTA’’) to to labels for refrigerators, refrigerator- only Spanish, the Mexican labels may convey useful information about energy consumption make compatible the standards-related freezers, freezers, dishwashers, clothes washers, water heaters, and room air comparable to what is provided on the U.S. label. measures of the signatories to facilitate 3 As amended, the Commission’s Rule now trade in a good or service among the conditions. Identical language appears requires labels that show a primary energy use parties. Moreover, the amendment in two other sections relating to labels disclosure of kilowatt-hour use per year for all the would result in considerable savings for for furnaces and pool heaters (16 CFR products for which it formerly required the 305.11(a)(5)(ii)(I) and central air disclosure of estimated annual operating cost the appliance manufacturing industry. (refrigerators, freezers, clothes washers, The Commission seeks written data, conditioners (16 CFR dishwashers, and water heaters). And, the views, and arguments concerning this 305.11(a)(5)(iii)(H)(1)). The purpose of regulations of the three countries require disclosure proposal. this prohibition was to avoid having of an energy efficiency number for room air other information detract from the conditioners. Thus, the appliance labeling DATES: Written comments must be regulations of all three NAFTA signatories now EnergyGuide label. The prohibition was submitted on or before April 8, 1996. require the same primary descriptors of energy use. This reduces the possibility for consumers ADDRESSES: Written comments should confusion resulting from labels on the same product be submitted to the Office of the that show energy use in different terms. 6802 Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Proposed Rules which one is intended for the U.S. preparation of a final regulatory Commission regulations, on normal audience. flexibility analysis is appropriate. business days between the hours of 8:30 Accordingly, the Commission believes In light of the above, the Commission a.m. and 5 p.m. at the Public Reference that it may be beneficial to permit certifies, under Section 605 of the Room (Room 130), Federal Trade appliance manufacturers to combine the Regulatory Flexibility Act (5 U.S.C. Commission, 5th Street and appliance energy labels required by the 605(b)), that the amendments proposed Pennsylvania Ave., NW., Washington, U.S., Canada, and Mexico. First, today would not, if promulgated, have DC 20580. a significant impact on a substantial allowing the use of a single label Section D—Questions and Issues consisting of two (or three) labels number of small entities. printed on the same label stock, would Section B—Paperwork Reduction Act Interested persons are invited to be consistent with the NAFTA goal of address any questions of fact, law or removing unnecessary impediments to The proposed amendments would not policy that they believe may bear upon trade.4 Second, multi-national labels expand the Appliance Labeling Rule’s the proposed amendments. The could enable the appliance existing recordkeeping and reporting questions concerning issues upon which requirements. Because there would be manufacturing industry to comply with the Commission particularly desires no increase in burden hours, the the Commission’s Rule and the comment, however, are listed below. Commission is not requesting that the appliance labeling rules of Canada and 1. Would allowing energy use labels Office of Management and Budget adjust Mexico at considerably less expense. required by the Canadian or Mexican the existing clearance for the Appliance Therefore, the Commission proposes governments to be placed next to the Labeling Rule (OMB No. 3084–0069) amending the Rule to permit energy use U.S. EnergyGuide be likely to detract under the Paper Reduction Act (44 labels required by the other NAFTA from the effectiveness of the U.S.C. 3501 et seq.). To substantiate the signatories to adjoin the EnergyGuide EnergyGuide or cause consumer accuracy of its reporting burden directly. Manufacturers would still be confusion? estimate, however, the Commission prohibited from placing other 2. Should the Commission limit the requests comment on the extent of the information on or directly adjoining the information that the amendments would reporting burden associated with these EnergyGuide. permit to be placed ‘‘directly adjoining’’ amendments. the EnergyGuide only to energy use Section A—Regulatory Flexibility Act Section C—Invitation To Comment disclosures required by the governments The provisions of the Regulatory Interested persons are hereby notified of Canada and Mexico? For example, Flexibility Act relating to an initial that they may comment on any issue of should the amendments permit Regulatory Flexibility Act analysis (5 fact, law or policy that may bear upon additional information required by the U.S.C. 603–604) are not applicable to the proposed amendments. Although governments of Canada and Mexico, this document because the Commission the Commission welcomes comments such as environmental or safety-related presently believes that the amendments, on any aspect of the proposed information, also to be placed ‘‘directly if promulgated, ‘‘will not have a amendments, the Commission is adjoining’’ the EnergyGuide? significant economic impact on a particularly interested in comments on 3. Should the Commission limit the substantial number of small entities’’ (5 the questions in Section D, below. All amendments to apply to energy use (or U.S.C. 605). comments should be referenced other) information required only by the Because the amendments are not specifically to either the Commission’s governments of Canada and Mexico, or likely to have a significant impact on a questions or the section of the proposed should the amendments permit energy substantial number of small entities rules being discussed. use (or other) information required by within the meaning of the Regulatory The Commission requests the the governments of all other nations? Flexibility Act and the rules commenters provide representative Section E—Proposed Amendments implementing it, the Commission factual data. Individual firms’ concludes, based on the information experiences are relevant to the extent For the reasons discussed above, the presently available, that a regulatory they typify industry experience, in Commission proposes the amendments analysis is not now necessary. The general, or that of similar-sized forms. below to sections 305.11(a)(5)(i)(K) (16 Commission requests, however, Comments opposing the proposed CFR 305.11(a)(5)(i)(K)), information on whether the proposed amendments should, if possible, suggest 305.11(a)(5)(ii)(I) (16 CFR amendments would have a significant a specific alternative. Proposals for 305.11(a)(5)(ii)(I)), and impact on a substantial number of small alternative regulations should include 305.11(a)(5)(iii)(H)(1) (16 CFR entities. After reviewing any comments reasons and data that indicate why the 305.11(a)(5)(iii)(H)(1)) of the Rule to received on this subject, the alternatives would better serve the permit (but not require) appliance Commission will decide whether the purposes of the proposed amendments. manufacturers to place the energy use Comments should be supported by a full disclosure labels required by the 4 The Commission has worked closely with discussion of all the relevant facts and/ governments of Canada and Mexico in representatives of the Canadian EnerGuide program or be based directly on firsthand a location directly adjoining the over the past two years to explore regulatory Commission’s Energy Guide. harmonization under NAFTA. Canada, like the knowledge, personal experience or Commission, has been reviewing its appliance general understanding of the particular List of Subjects in 16 CFR Part 305 labeling rule, and each country has considered the issues addressed by the proposed rules. research and changes being considered by the other. Before adopting these proposed Advertising, Energy conservation, More recently, representatives of the Mexican Household appliances, Labeling, government have joined in this dialogue. Although amendments as final, the Commission will give consideration to any written Reporting and recordkeeping the Commission intends to continue this requirements. cooperative pursuit of tri-lateral harmonization to comments timely submitted to the determine whether a single label can be designed Secretary. Comments submitted will be that effectively fulfills the requirements of all three PART 305Ð[AMENDED] countries, amending the Rule now to provide available for public inspection in manufacturers greater flexibility in labeling accordance with the Freedom of 1. The authority citation for Part 305 practices is an interim step for facilitating trade. Information Act (5 U.S.C. 552) and continues to read as follows: Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Proposed Rules 6803

Authority: 42 U.S.C. 6294. manufacturer elects to use a part or [CGD07–95–57] and the specific section 2. It is proposed that section publication number, it must appear in of this proposal to which each comment 305.11(a)(5)(i)(K) be revised to read as the lower right-hand corner of the label applies, and give the reason for each follows: and be set in 6-point type or smaller. comment. The Coast Guard requests that * * * * * all comments and attachments be § 305.11 Labeling for covered products. By direction of the Commission. submitted in an unbound format (a) * * * Donald S. Clark, suitable for copying. If not practical, a (5) * * * Secretary. second copy of any bound material is (i) * * * [FR Doc. 96–4004 Filed 2–21–96; 8:45 am] requested. Persons wanting (K) No marks or information other acknowledgment of receipt of comments than that specified in this part shall BILLING CODE 6750±01±M should enclose a stamped, self- appear on or directly adjoining this addressed postcard or envelope. label, except a part or publication The Coast Guard will consider all number identification may be included DEPARTMENT OF TRANSPORTATION comments received during the comment on this label, as desired by the period. It may change this proposal in Coast Guard manufacturer, and the energy use view of the comments received. disclosure labels required by the 33 CFR Part 117 The Coast Guard plans no public governments of Canada or Mexico may hearing. Persons may request a public appear directly adjoining this label, as [CGD07±95±57] hearing by writing to Mr. Walt desired by the manufacturer. If a Paskowsky at the address under manufacturer elects to use a part or Drawbridge Operation Regulations; ADDRESSES. The request should include publication number, it must appear in Atlantic Intracoastal Waterway, FL reasons why a hearing would be the lower right-hand corner of the label AGENCY: Coast Guard, DOT. beneficial. If it determines that the and be set in 6-point type or smaller. opportunity for oral presentations will ACTION: Notice of proposed rulemaking. * * * * * aid this rulemaking, the Coast Guard 3. It is proposed that section SUMMARY: The Coast Guard proposes to will hold a public hearing at a time and 305.11(a)(5)(ii)(I) be revised to read as change the regulations governing the place announced by a later notice in the follows: operation of the NASA railroad bridge, Federal Register. § 305.11 Labeling for covered products. mile 876.6, at Kennedy Space Center, by Drafting Information removing the authorization for (a) * * * automatic operation and returning the The principal persons involved in (5) * * * draw to manual operation. A change in drafting this document are Walter (ii) * * * ownership of the rail line prompted the Paskowsky, Project Manager, and LCDR (I) No marks or information other than Robert Wilkins, Project Counsel. that specified in this part shall appear bridgeowner to implement on site on or directly adjoining this label, manual operation of this drawbridge Background and Purpose except a part or publication number approximately 8 years ago. The draw of the NASA railroad identification may be included on this DATES: Comments must be received on bridge, mile 876.6, at Kennedy Space label, as desired by the manufacturer, or before April 22, 1996. Center was placed on automatic remote and the energy use disclosure labels ADDRESSES: Comments may be mailed to controlled operation by the Florida East required by the governments of Canada Commander (oan), Seventh Coast Guard Coast Railroad when it was put into or Mexico may appear directly adjoining District, 909 SE 1st Avenue, Miami, service in February 1964. Under remote this label, as desired by the Florida 33131–3050, or may be operation the span is normally in the manufacturer. If a manufacturer elects to delivered to room 406 at the above open position displaying flashing green use a part or publication number, it address between 7:30 a.m. and 4 p.m., signals to allow the movement of water must appear in the lower right-hand Monday through Friday, except federal traffic. When a train approaches the corner of the label and be set in 6-point holidays. The telephone number is (305) bridge the lights go to flashing red, a type or smaller. 536–4103. horn sounds 4 blasts, paused, then * * * * * The Commander, Seventh Coast repeats 4 blasts. After an 8 minute delay 4. It is proposed that section Guard District maintains the public the draw lowers and locks, providing 305.11(a)(5)(iii)(H)(1) be revised to read docket for this rulemaking. Comments scanning equipment reveals nothing as follows: will become part of this docket for this under the draw. The draw remains rulemaking. Comments will become part down for a period of 8 minutes or while § 305.11 Labeling for covered products. of this docket and will be available for the approach track circuit is occupied. (a) * * * inspection or copying at the above After the train clears, the draw opens (5) * * * address. and the lights return to flashing green. (iii) * * * The automatic remote control method FOR FURTHER INFORMATION CONTACT: (H) * * * was discontinued in 1984 when the Walter Paskowsky, Project Manager, (1) No marks or information other ownership of the bridge was transferred Bridge Section, at (305) 536–4103. than that specified in this part shall from the Florida East Coast Railroad to appear on or directly adjoining this SUPPLEMENTARY INFORMATION: the Kennedy Space Center (NASA). The label, except a part or publication Request for Comments purpose of the change is to describe in number identification may be included the regulations how the bridge is on this label, as desired by the The Coast Guard encourages actually being operated. manufacturer, and the energy use interested persons to participate in this disclosure labels required by the rulemaking by submitting written data, Discussion of Proposed Amendment governments of Canada or Mexico may views, or arguments. Persons submitting Under the proposal, the draw would appear directly adjoining this label, as comments should include their names normally be in the fully open position desired by the manufacturer. If a and addresses, identify this rulemaking displaying flashing green lights to 6804 Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Proposed Rules indicate that vessels may pass. When a proposal does not have sufficient ENVIRONMENTAL PROTECTION train approaches the bridge it must stop federalism implications to warrant the AGENCY and the train operator must initiate a preparation of a Federalism Assessment. command to lower the bridge. The lights 40 CFR Part 180 Environment would go to flashing red and the draw [PP 4E3060/P641A; FRL±5352±1] would lower and lock providing The Coast Guard considered the scanning equipment reveals nothing environmental impact of this proposal RIN 2070±AC18 under the draw. The draw would and concluded that, under section Pesticide Tolerance for 2,4-D; remain down until a manual raise 2.B.2.e.(32)(e) of Commandant Reopening of Comment Period command is initiated, or it would raise Instruction M16475.1B, promulgation of automatically 5 minutes after the operating requirements or procedures AGENCY: Environmental Protection intermediate track circuit is no longer for drawbridges is categorically Agency (EPA). occupied by a rail car. After the train excluded from further environmental ACTION: Proposed rule; reopening of has cleared, the lights would return to documentation. A ‘‘Categorical comment period. flashing green. Exclusion Determination’’ is available in the docket for inspection and copying SUMMARY: EPA is reopening the period Regulatory Evaluation where indicated under ADDRESSES. for receiving comments on the proposed This rule is not a significant pesticide tolerance for residues of the List of Subjects in 33 CFR Part 117 regulatory action under section 3(f) of herbicide 2,4-D (2,4- Executive Order 12866 and does not Bridges. dichlorophenoxyacetic acid) in or on require an assessment of potential costs For the reasons set out in the the raw agricultural commodity and benefits under section 6(a)(3) of that soybeans. The original comment period order. It has not been reviewed by the preamble, the Coast Guard proposes to amend 33 CFR Part 117 as follows: expired on February 16, 1996. EPA is Office of Management and Budget under reopening the comment period to allow that order. It is not significant under the PART 117ÐDRAWBRIDGE the usual thrity days for receipt of regulatory policies and procedures of OPERATION REGULATIONS comments. the Department of Transportation (DOT) DATES: Comments, identified by the (44 FR 11040; February 26, 1979). The 1. The authority citation for Part 117 docket number, [PP 4E3060/P641], must Coast Guard expects the economic continues to read as follows: be received on or before March 8, 1996. impact of this proposal to be so minimal Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 The proposed tolerance would expire on that a full regulatory Evaluation under CFR 1.05–1(g); section 117.255 also issued December 31, 1998. paragraph 10e of the regulatory policies under the authority of Pub. L. 102–587, 106 ADDRESSES: By mail, submit written and procedures of DOT (44 FR 11040; Stat. 5039. comments to: Public Response and February 26, 1979 is unnecessary. We Program Resources Branch, Field conclude this because of the infrequent 2. § 117.261 is amended by revising Operations Division (7506C), Office of operation of the draw. paragraph (j) to read as follows: Pesticide Programs, Environmental Small Entities § 117.261 Atlantic Intracoastal Waterway Protection Agency, 401 M St., SW., from St Marys River to Key Largo. Under the Regulatory Flexibility Act Washington, DC 20460. In person, bring (5 U.S.C. 601 et seq.), the Coast Guard * * * * * comments to: Rm. 1132, CM #2, 1921 must consider whether this proposal, if (j) NASA Railroad bridge, mile 876.6 Jefferson Davis Hwy., Arlington, VA adopted, will have a significant at Kennedy Space Center. (1) The draw 22202. Information submitted as a economic impact on a substantial is not constantly tended. comment concerning this document number of small entities. ‘‘Small (2) The draw is normally in the fully may be claimed confidential by marking entities’’ may include (1) small open position displaying flashing green any part or all of that information as businesses and not-for-profit lights to indicate that vessels may pass. ‘‘Confidential Business Information’’ organizations that are independently (3) When a train approaches the (CBI). Information so marked will not be owned and operated and are not bridge, it must stop and the operator disclosed except in accordance with dominant in their field and (2) initiates a command to lower the bridge. procedures set forth in 40 CFR part 2. governmental jurisdictions with The lights go to flashing red and the A copy of the comment that does not populations of less than 50,000. draw lowers and locks providing contain CBI must be submitted for Because it expects the impact of the scanning equipment reveals nothing inclusion in the public record. proposal to be minimal, the Coast Guard under the draw. The draw remains Information not marked confidential certifies under 5 U.S.C. 605(b) that this down until a manual raise command is may be disclosed publicly by EPA proposal, if adopted, will not have a initiated, or will raise automatically 5 without prior notice. All written significant impact on a substantial minutes after the intermediate track comments will be available for public number of small entities. circuit is no longer occupied by a rail inspection in Rm. 1132 at the address car. given above, from 8 a.m. to 4:30 p.m., Collection of Information Monday through Friday, excluding legal (4) After the train has cleared the This proposal contains no collection holidays. draw opens and the lights return to Comments and data may also be of information requirements under the flashing green. Paperwork Reduction Act (44 U.S.C. submitted electronically by sending 3501 et seq.) * * * * * electronic mail (e-mail) to: opp- Dated: February 5, 1996. [email protected]. Electronic Federalism Roger T. Rufe, Jr., comments must be submitted as an The Coast Guard has analyzed this Rear Admiral, U.S. Coast Guard Commander, ASCII file avoiding the use of special proposal under the principles and Seventh Coast Guard District. characters and any form of encryption. criteria contained in Executive Order [FR Doc. 96–3894 Filed 2–21–96; 8:45 am] Comments and data will also be 12612, and has determined that this BILLING CODE 4910±14±M accepted on disks in WordPerfect 5.1 Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Proposed Rules 6805 file format or ASCII file format. All the Administrator has determined that WordPerfect version 5.1 to: EPA RCRA comments and data in electronic form regulations establishing new tolerances Docket (5305W), 401 M Street, S.W., must be identified by the docket number or food additive regulations or Washington, D.C. 20460. [PP 4E3060/P641]. No CBI should be establishing exemptions from tolerance Place ‘‘Docket number F–95–WHWP- submitted through e-mail. Electronic requirements do not have a significant FFFFF’’ on your comments. The RCRA comments on this proposed rule may be impact on a substantial number of small docket is located at: EPA’s Crystal filed online at many Federal Depository entities. A certification statement to this Gateway Office, 1235 Jefferson Davis Libraries. Additional information on effect was published in the Federal Highway, Arlington, Virginia. electronic submissions can be found Register of May 4, 1981 (46 FR 24950). and is open from 9:00 a.m. to 4:00 p.m., below in this document. List of Subjects in 40 CFR Part 180 Monday through Friday, excluding FOR FURTHER INFORMATION CONTACT: By Federal holidays. The public must make mail: Joanne Miller, Product Manager Environmental protection, an appointment to review docket (PM 23), Registration Division (7505C), Administrative practice and procedure, materials by calling (703) 603–9230. The Office of Pesticide Programs, Agricultural commodities, Pesticides public may copy material from any Environmental Protection Agency, 401 and pests, Reporting and recordkeeping regulatory docket at a cost of $0.15 per M St., SW., Washington, DC 20460. requirements. page. Copies of the background Office location and telephone number: documents, Integrated Risk Information Dated:February 15, 1996. Rm. 237, CM #2, 1921 Jefferson Davis System (IRIS) chemical files, and other Hwy., Arlington, VA 22202, (703)–305– Peter Caulkins, references (which are not readily 6224. available) are available for viewing and Acting Director, Registration Division, Office A record has been established for this of Pesticide Programs. copying only in the RCRA docket. rulemaking under docket number [PP FOR FURTHER INFORMATION CONTACT: The 4E3060/P641] (including comments and [FR Doc. 96–4146 Filed 2–20–96; 2:39 pm] RCRA/Superfund Hotline at (800) 424– data submitted electronically as BILLING CODE 6560±50±F 9346 or at (703) 412–9810. For technical described below). A public version of information contact Mr. William A. this record, including printed, paper Collins, Jr., Mr. Greg Helms, Ms. Pamela versions of electronic comments, which 40 CFR Part 261 McMains, or Ms. Tracy Atagi, Office of does not include any information [FRL±5427±6] Solid Waste (5304), U.S. Environmental claimed as CBI, is available for Protection Agency, 401 M Street, S.W., inspection from 8 a.m. to 4:30 p.m., Extension of Comment Period for the Washington, D.C. 20460, (202) 260– Monday through Friday, excluding legal Proposed Hazardous Waste 8100. holidays. The public record is located in Identification Rule (HWIR) SUPPLEMENTARY INFORMATION: The Room 1132 of the Public Response and proposed rule was issued under the AGENCY: Environmental Protection Program Resources Branch, Field authority of sections 2002(a), 3001, Agency. Operations Division (7506C), Office of 3002, 3004 and 3006 of the Resource Pesticide Programs, Environmental ACTION: Proposed rule; extension of Conservation and Recovery Act (RCRA). Protection Agency, Crystal Mall #2, comment period. EPA proposed to amend its regulations 1921 Jefferson Davis Hwy., Arlington, under the Resource Conservation and SUMMARY: The U.S. Environmental VA. Protection Agency (EPA or Agency) is Recovery Act (RCRA) by establishing Electronic comments can be sent extending the comment period for the constituent-specific exit levels for low- directly to EPA at: risk solid wastes that are designated as [email protected] proposed Hazardous Waste Identification Rule (HWIR), which hazardous because they are listed, or appeared in the Federal Register on have been mixed, derived from, or Electronic comments must be December 21, 1995 (60 FR 66344). The contain listed hazardous wastes. See 60 submitted as an ASCII file avoiding the extension is necessary for two reasons: FR 66344 (December 21, 1995) for a use of special characters and any form the first is the government shutdown more detailed explanation of the of encryption. during the original comment period proposed rule. The official record for this which did not allow commentors to rulemaking, as well as the public Extension of Comment Period review the background documentation version, as described above will be kept The comment period for this supporting the rulemaking and the in paper form. Accordingly, EPA will proposed rule was scheduled to end on second is the Agency has received an transfer all comments received February 20, 1996. However, the RCRA overwhelming number of requests for electronically into printed, paper form Docket was closed due to the partial comment period extensions due to the as they are received and will place the government shutdown from December complexity of the proposed rulemaking. paper copies in the official rulemaking 15, 1995 until January 6, 1996, and from The public comment period for this record which will also include all January 8 until January 12, 1996 due to proposed rule was to end February 20, comments submitted directly in writing. inclement weather. As a result of the 1996. The comment period is extended The official rulemaking record is the partial government shutdown and snow to April 22, 1996. paper record maintained at the address closures, background documents located in ‘‘ADDRESSES’’ at the beginning of DATES: EPA will continue to accept in the RCRA Docket were available to this document. public comments on the proposed the public for only one day during the The Office of Management and Budget Hazardous Waste Identification Rule first three and one-half weeks of the has exempted this rule from the until April 22, 1996. public comment period. Similarly, requirements of section 3 of Executive ADDRESSES: The public must send an during the same period EPA personnel Order 12866. original, two copies, and whenever were unavailable to answer questions Pursuant to the requirements of the possible, a 3.5 inch computer disk about the notice of proposed rulemaking Regulatory Flexibility Act (Pub. L. 96– containing the comments in a common or to make other arrangements to obtain 354, 94 Stat. 1164, 5 U.S.C. 601–612), word processing format such as documents relevant to the rulemaking. 6806 Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Proposed Rules

This severely reduced the effectiveness further remedial measures pursuant to conducted at least every five years after of the first half of the 60-day comment CERCLA are not appropriate. the initiation of the remedial action at period. DATES: Comments must be submitted by the site. If new information becomes EPA has also received requests for March 25, 1996. available which indicates a need for comment period extensions on other ADDRESSES: Comments may be mailed further action, EPA may initiate grounds. The notice proposed ‘‘exit to: Robert West, U.S. Environmental remedial actions. Whenever there is values’’, or specific concentrations at Protection Agency, 345 Courtland Street significant release from a site deleted which chemicals pose only low risk to NE., Atlanta, Georgia, 30365. from the NPL, the site may restored to human health or the environment, for Comprehensive information on this the NPL without the application of the over 400 chemicals found in hazardous Site is available for viewing through the Hazardous Ranking System. wastes currently regulated under RCRA. site information repositories at the Deletion Procedures See 60 FR 66349–66380. The risk following locations: The following procedures were used assessment used to generate the exit Chattanooga Hamilton County for the intended deletion of this Site: (1) values is unusually complex. EPA has Bicentennial Library, Local History EPA Region 4 issued a Final Close Out received at least seven written requests Department, 1001 Broad Street, Report which addressed the Site to extend the comment period by up to Chattanooga, TN 37402. conditions, quality assurance and 120 days. The requestors believe such U.S. EPA Record Center, 345 Courtland control during construction, and extensions are essential to allow them to Street NE., Atlanta, GA 30365. analyze the risk assessment and prepare technical criteria for satisfying the FOR FURTHER INFORMATION CONTACT: completion requirements; (2) a notice meaningful comments. Robert West, U.S. Environmental EPA determined that it needed to has been published in the local Protection Agency, 345 Courtland Street newspaper and has been distributed to extend the comment period by a total of NE., Atlanta, Georgia, 30365, 404–347– 60 days to provide an adequate appropriate federal, state, and local 3555 Ext. 2033 or 1–800–435–9233 Ext. officials announcing the commencement opportunity for public participation in 2033. this rulemaking. EPA is therefore of a 30-day public comment period on extending the comment period for this SUPPLEMENTARY INFORMATION: EPA’s Notice of Intent to Delete; and (3) all relevant documents have been made rulemaking to April 22, 1996. Introduction available for public review in the local Dated: February 15, 1996. The Environmental Protection Agency Site information repositories. Elizabeth A. Cotsworth, (EPA) Region 4 announces its intent to Deletion of the Site from the NPL does Acting Director, Office of Solid Waste. delete the Amnicola Dump Site from the not itself create, alter, or revoke any [FR Doc. 96–3844 Filed 2–20–96; 11:50 a.m.] National Priorities List (NPL), Appendix individual’s rights or obligation. The BILLING CODE 6560±50±P±M B of National Oil and Hazardous NPL is designed primarily for Substances Pollution Contingency Plan information purposes and to assist (NCP), 40 CFR part 300, and requests Agency management. As mentioned in 40 CFR Part 300 comments on this deletion. EPA Section VI of this document, identifies sites that appear to present a § 300.425(e)(30) of the NCP states that [FRL±5428±3] significant risk to public health, welfare, deletion of a Site does not preclude or environment and maintains the NPL eligibility for future response actions. National Oil and Hazardous Substance as the list of these sites. For deletion of this Site, EPA’s Pollution Contingency Plan; National As described in 300.425(e)(3) of the Regional Office will accept and evaluate Priorities List NCP, sites deleted from the NPL remain public comments of EPA’s Notice of eligible for remedial actions in the Intent to Delete before making a final AGENCY: Environmental Protection unlikely event that conditions at the site decision to delete. If necessary, the Agency. warrant such action. Agency will prepare a Responsiveness ACTION: Notice of intent to delete the EPA will accept comments on the Summary to address any significant Amnicola Dump Superfund Site, proposal to delete this Site for thirty public comments received. Chattanooga, Tenn., from the National days after publication of this notice in A deletion occurs when the Regional Priorities List (NPL). the Federal Register. Administrator places a final notice in the Federal Register. Generally, the NPL NPL Deletion Criteria SUMMARY: The Environmental Protection will reflect deletions in the final update Agency (EPA) Region 4 announces its Section 300.425(e) of the NCP following the Notice. Public notices and intent to delete the Amnicola Dump Site provides that sites may be deleted from copies of the Responsiveness Summary from the National Priorities List (NPL) the NPL where no further response is will be made available to local residents and request public comment on this appropriate. EPA, in consultation with by the Regional office. proposed action. The NPL constitutes the State of Tennessee, has concluded Appendix B of 40 CFR Part 300 which that the Amnicola Dump Site meets the Basis For Intended Site Deletion is the National Oil and Hazardous following criteria for site deletion: The following site summary is the Substances Pollution Contingency Plan (i) Responsible parties have Agency’s rationale for the proposal to (NCP), which EPA promulgated implemented all appropriate response delete Amnicola Dump from the NPL. pursuant to Section 105 of the actions required; and Comprehensive Environmental (ii) All appropriate response under A. Site Background and History Response, Compensation, and Liability CERCLA has been implemented. The Site is an 18-acre inactive Act (CERCLA) of 1980, as amended. Even if a site is deleted from the NPL, construction debris disposal area EPA and the State of Tennessee where hazardous substances remain at located in Chattanooga, TN. From mid- Department of the Environment & the site above levels that allow for 1970 to 1973, the Site was operated as Conservation have determined that the unlimited use and unrestricted a construction debris disposal area by Site poses no significant threat to public exposure, EPA’s policy is that a the city of Chattanooga. The debris health or the environment, therefore, subsequent review of the site will be disposed included 25 percent or less Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Proposed Rules 6807 household-type waste. A substantial indicated that the excavated area no G. State Concurrence To Delete portion of the wood waste taken to the longer contained soil levels over the Amnicola Dump Site Site during this period was incinerated cleanup goal, the area was then filled EPA, in consultation with the State of by an air-curtain destructor with the with crushed stone for easy Tennessee, has concluded that the ashes placed on-site. Approximately 12 identification. Amnicola Dump Site meets the acres of the 18-acre site were eventually The final inspection was performed following criteria for site deletion: (1) filled. Responsible parties have implemented Consolidated Latex, Inc., formerly on September 2, 1993. The inspection all appropriate response actions located on the south border of the Site, was performed by EPA and Tennessee allegedly disposed of latex waste in the Department of Environment and required; and (2) All appropriate southwest corner. In 1971, the Conservation (TDEC) representatives. It response under CERCLA has been Tennessee-American Water Company was determined that the Remedial implemented. EPA and the State of noted the dumping of latex waste as Action had been successfully executed. Tennessee believe that the above listed well as the presence of a strong styrene- Confirmatory soil sampling taken criterion for deletion has been met. Subsequently, EPA is proposing like odor during one leachate sampling before and after the soil removal has deletion of Amnicola Dump Site from event. Concern arose because of the demonstrated that contaminant levels in the NPL. Documents supporting this proximity of the water company’s intake the surface soil are now below the action are available from the docket. from this leachate stream and alleged cleanup goal. Results of the sampling latex disposal location. Latex waste is can be seen in the August 1993, Dated: February 7, 1996. the only industrial waste reportedly Remedial Design Report and the Phyllis P. Harris, disposed at the Site. In May 1971, EPA September 1993, Remedial Action Acting Regional Administrator, U.S. EPA recommended closure of the Site. Report. No Site contaminants have been Region 4. B. Remedial Planning Activities detected in the groundwater above the [FR Doc. 96–4032 Filed 2–21–96; 8:45 am] levels established in the ROD. BILLING CODE 6560±50±P The State of Tennessee conducted a site visit in July 1979, and noted that the D. Community Relations Activities Site was in good overall condition; 40 CFR Part 300 however, some discoloration of water The Region 4 Community Relations was observed in one of the drainage staff along with the Site project manager [FRL±5428±2] ditches. EPA recommended an conducted an active campaign to ensure evaluation of historical water data and that the local residents were well National Oil and Hazardous Substance further water sampling. informed about the different activities Pollution Contingency Plan; National Sampling of a leachate stream occurring at the Site. Community Priorities List relations activities included the indicated the presence of AGENCY: Environmental Protection trichloroethylene, vinyl chloride, and development of Community Relations Agency. 1,2 transdichloroethyleno. The Site was Plans, holding public meetings, and ACTION: Notice of intent to delete the finalized on the NPL in September 1983. routine publications of progress report Gallaway Pits Superfund Site, Fayette A Remedial Investigation (RI) of the fact sheets. Site information was placed County, Tennessee from the National Site commenced in July 1987; EPA at a local repository located in the Priorities List (NPL). conducted this RI to determine the Chattanooga/Hamilton County nature and general extent of Site Bicentennial Library. SUMMARY: The Environmental Protection contaminants. A Feasibility Study (FS) Agency (EPA) Region 4 announces its was also conducted by EPA to evaluate E. Summary of Operation and Maintenance intent to delete the Gallaway Pits Site alternatives for Site cleanup. Sampling from the National Priorities List (NPL) data from the RI indicated that some Since all surface soil above the and requests public comment on this surface soils on the Site contained cleanup goal has been removed, and as proposed action. The NPL constitutes concentrations of Polynuclear Aromatic no operating systems or containment Appendix B of 40 CFR part 300 which Hydrocarbons (PAHs) above acceptable measures were necessary, Operation and is the National Oil and Hazardous health based levels. Substances Pollution Contingency Plan On March 30, 1989, EPA issued a Maintenance (O&M) of the Site is not required. Site Institutional Controls (NCP), which EPA promulgated Record of Decision (ROD) for the Site pursuant to Section 105 of the which selected a remedy for the were defined in the Consent Decree to place deed restrictions on the property. Comprehensive Environmental contamination detected. The major Response, Compensation, and Liability remedy components selected for the Site F. How Amnicola meets NPL Deletion Act (CERCLA) of 1980, as amended. consisted of excavation of surface soil Criteria EPA and the State of Tennessee and debris, solidification of the surface Department of the Environment and soil, and groundwater monitoring. Section 300.425(e) of the NCP Conservation (TDEC) have determined provides that sites may be deleted from C. Remedial Construction Activities that the Site poses no significant threat the NPL where no further response is On-Site excavation of contaminated to public health or the environment and, appropriate. EPA, in consultation with therefore, further remedial measures soil and debris started on August 5, the State of Tennessee, has concluded 1993, and the material was shipped off- pursuant to CERCLA are not that the Amnicola Dump Site meets the appropriate. site for disposal. The excavated material following criteria for site deletion: included pieces of creosote ties, asphalt DATES: Comments must be submitted by chips, bricks, concrete, contaminated (i) Responsible parties have March 25, 1996. soil and other debris. Excavation was implemented all appropriate response ADDRESSES: Comments may be mailed completed on August 5, 1993, and actions required; and to: Robert West, U.S. Environmental confirmatory cleanup samples were (ii) All appropriate response under Protection Agency, 345 Courtland Street taken. Once the confirmatory samples CERCLA has been implemented. NE., Atlanta, Georgia 30365. 6808 Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Proposed Rules

Comprehensive information on this to the NPL without the application of In October 1983, the EPA conducted Site is available for viewing through the the Hazardous Ranking System. an emergency cleanup. The cleanup site information repositories at the Deletion Procedures consisted of the excavation and off-site following locations: disposal of contaminated sludge and the The following procedures were used Gallaway City Hall, 607 Watson Drive, on-site treatment of the pond water. The for the intended deletion of this Site: (1) Gallaway, TN 38036. treatment process involved the carbon EPA Region 4 issued a Final Close Out U.S. EPA Record Center, 345 Courtland filtration of the pond water to limits Report which addressed the Site Street NE., Atlanta, GA 30365. established by the Tennessee conditions, quality assurance and Department of Health and Environment FOR FURTHER INFORMATION CONTACT: control during construction, and Robert West, U.S. Environmental (TDHE), Division of Water Quality technical criteria for satisfying the Control. Protection Agency, 345 Courtland Street completion requirements; (2) a notice NE., Atlanta, Georgia, 30365, 404–347– has been published in the local The Remedial Investigation Report 3555 EXT. 2033, or 1–800–435–9233, newspaper and has been distributed to included a sampling program for each of EXT 2033. appropriate federal, state, and local the potentially affected environmental media: surface water, sediment, surface SUPPLEMENTARY INFORMATION: officials announcing the commencement of a 30-day public comment period on soils, and groundwater. A quantitative Introduction EPA’s Notice of Intent to Delete; (3) All risk assessment was performed for The Environmental Protection Agency relevant documents have been made various contaminant exposure (EPA) Region 4 announces its intent to available for public review in the local pathways. Based on the available data delete the Gallaway Pits Site from the Site information repositories; and TDEC and risk assessment assumptions, the National Priorities List (NPL), Appendix has concurred with the proposed exposure pathways presented no B of National Oil and Hazardous deletion decision. unacceptable risks to human receptors. Substances Pollution Contingency Plan Deletion of the Site from the NPL does The only unacceptable risk presented by (NCP), 40 CFR Part 300, and requests not itself create, alter, or revoke any the Site was the potential risk to off-site comments on this deletion. EPA individual’s rights or obligations. The ecology. identifies sites that appear to present a NPL is designed primarily for The Record of Decision (ROD) significant risk to public health, welfare, information purposes and to assist outlined the following selected remedial Agency management. As mentioned in or the environment and maintains the actions: (1) Dilution of water in ponds Section VI of this Notice, Section NPL as the list of these sites. As 1, 2, and 5 with city water to meet 300.425(e)(3) of the NCP states that described in Section 300.425(e)(3) of the ambient water quality criteria and deletion of a Site from the NPL does not NCP, sites deleted from the NPL remain subsequent discharge to an unnamed preclude eligibility for future response eligible for remedial actions in the tributary of Cane Creek; (2) excavation actions. unlikely event that conditions at the site of contaminated sediments from ponds warrant such action. For deletion of this Site, EPA’s Regional Office will accept and evaluate 2 and 5, and consolidation of these EPA will accept comments on the sediments in pond 1; (3) institutional proposal to delete this Site for thirty public comments of EPA’s Notice of Intent to Delete before making a final controls, such as fencing around pond 1, days after publication of this notice in restrictions on mining, and methods to the Federal Register. decision to delete. If necessary, the Agency will prepare a Responsiveness ensure that future land uses are NPL Deletion Criteria Summary to address any significant compatible with the selected remedy; (4) proper site closure under Subtitle C Section 300.425(e) of the NCP public comments received. A deletion occurs when the Regional of RCRA, including capping of pond 1; provides that releases may be deleted Administrator places a final notice in and (5) operation and maintenance from, or recategorized on the NPL where the Federal Register. Generally, the NPL (O&M) activities that include no further response is appropriate. EPA, will reflect deletions in the final update groundwater monitoring and inspection in consultation with the State of following the Notice. Public notices and and maintenance of the cap. Tennessee, has concluded that the copies of the Responsiveness Summary Gallaway Pits Site meets the following B. Remedial Planning Activities will be made available to local residents criteria for site deletion: by the Regional office. (i) All appropriate fund-financed A Remedial Design was performed in response actions have been Basis for Intended Site Deletion the field for the selected actions recommended by the ROD at the Site. implemented; and The following site summary is the Listed below are the design criteria: (1) (ii) All appropriate response under Agency’s rationale for the proposal to Determine a kiln dust/sediment ratio for CERCLA has been implemented. delete Gallaway Pits Site from the NPL. Even if a site is deleted from the NPL, the solidification process; (2) determine where hazardous substances remain at A. Site Background and History the below grade excavation the site above levels that allow for The Gallaway Pits Site (five-acres) configuration to store the solidified unlimited use and unrestricted was extensively mined for sand and waste; (3) design a RCRA cap over the exposure, EPA’s policy is that a gravel, producing a landscape dotted below grade configuration; (4) subsequent review of the site will be with water-filled pits up to 50 feet deep. determine the safety factor against conducted at least every five years after Sampling of the pond water and bearing capacity failure of foundation the initiation of the remedial action at sediments showed elevated levels of soils underlying the solidified waste the site. If new information becomes pesticides. The groundwater samples and RCRA cap; (5) perform an effective available which indicates a need for did not reveal any contamination; analysis of foundation soils to check for further action, EPA may initiate however, potential existed for possible detrimental settlement of RCRA remedial actions. Whenever there is groundwater contamination because of cap; and (6) design a drainage ditch significant release from a site deleted the types and quantities of waste at the system to collect and route runoff away from the NPL, the site may be restored site. from the RCRA cap. Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Proposed Rules 6809

C. Remedial Construction Activities G. State Concurrence to Delete Gallaway ADDRESSES: Federal Communications Pits Site Commission, 1919 M Street, N.W., Construction activities were initiated Washington, D.C. 20554. in June 1987 at the site. The Refer to Attachment I. construction activities included: (1) EPA, in consultation with the State of FOR FURTHER INFORMATION, CONTACT: Pond water sampling; (2) water Tennessee, has concluded that the Jennifer Burton, Private Wireless evacuation of ponds; (3) solidification Gallaway Pits Site meets the following Division, (202) 418–0680. and excavation of pond sediments; (4) criteria for site deletion: (1) EPA and the SUPPLEMENTARY INFORMATION: construction of the RCRA cap; (5) site State of Tennessee have implemented 1. This is a synopsis of the closure and (6) monitoring well all appropriate response actions Commission’s Order, DA 96–144, installation. required; (2) All appropriate response adopted February 9, 1996 and released under CERCLA has been implemented; All of the completion requirements February 9, 1996. The complete text of and (3) the confirmation sampling done for this site have been met as required this document is available for after the cap was completed shows that by OSWER Directive 9320.2–3C. inspection and copying during normal the Gallaway Site poses no significant Confirmatory ground water sampling at business hours in the FCC Reference threat to public health or the the site provides further assurance that Center (Room 239), 1919 M Street, NW, environment and, therefore, taking of the site continues to pose no threat to Washington, D.C. 20554, and may be further remedial measures is not human health or the environment. The purchased from the Commission’s copy appropriate. EPA and the State of only remaining activity to be performed contractor, International Transcription Tennessee believe that the above listed at the site is minor O&M that is Service, (202) 857–3800, 2100 M Street, criterions for deletion have been met. guaranteed by the State of Tennessee. NW, Washington, D.C. 20037. Subsequently, EPA is proposing 2. By this action, we grant a second D. Community Relations Activities deletion of the Gallaway Pits Site from extension of time in which to file the NPL. Documents supporting this comments and reply comments in this Residents near the Site are aware of action are available from the docket. proceeding. Three parties—GHz activities that have taken place at Equipment Company, Inc. (‘‘GEC’’), Gallaway Pits. A public meeting was Dated: February 9, 1996. Winstar Wireless Fiber Corporation held on July 21, 1986, to present a Phyllis P. Harris, (‘‘WinStar’’), and Fixed Point-to-Point summary of the RI/FS process and to Acting Regional Administrator, U.S. EPA Communications Section, Network explain the proposed remedies for the Region 4. Equipment Division of the cleanup of the site. Fact sheets were [FR Doc. 96–4031 Filed 2–21–96; 8:45 am] Telecommunications Industry prepared and distributed to the mailing BILLING CODE 6560±50±P Association (‘‘TIA’’)—had requested list. Comments received during the additional time in response to an Order public comment period were addressed Extending Time released on January 16, in the responsiveness summary of the FEDERAL COMMUNICATIONS 1996. See 61 FR 2465 (January 26, ROD. Because Gallaway Pits is a COMMISSION 1996). companion to the Arlington Blending 47 CFR Parts 1, 2, 21 and 94 3. By way of background, on January Site, the residents of the community are 16, 1996, the Office of Engineering kept informed through community [ET Docket No. 95±183; PP Docket No. 93± Technology, on its own motion, relations efforts held concerning the 253; DA 96±144] extended the period of time to file Arlington Blending Site. comments and reply comments to Fixed Point-to-Point Microwave E. Summary of Operation and February 12, 1996 and February 27, Service; 37.0±38.6 GHz and 38.6±40.0 Maintenance 1996, respectively, because of the GHz Bands and Implementation of closure of the government from mid- The State of Tennessee will Section 309(j) of the Communications December to mid-January due to lack of implement the O&M plan that will ActÐCompetitive Bidding funding and severe weather conditions. ensure that the cap remains protective AGENCY: Federal Communications Thus, the following motions for of public health, welfare and the Commission. extension of time received by the environment. O&M activities will Commission on or before January 16, consist of scheduled inspections and ACTION: Proposed Rule; extension of time. 1996, were mooted by the January 16 periodic maintenance of the exclusion Order Extending Time: Advanced Radio zone and periodic sampling of SUMMARY: The Commission grants an Technology, Ltd. Motion for Extension monitoring wells. extension for filing comments and reply of Time (filed January 11, 1996); AT&T F. How Gallaway Pits Meets NPL comments in this proceeding on Corporation Comments in Support of Deletion Criteria licensing and technical rules for fixed the Motion for an Extension of Time to point-to-point microwave operations in File Comments and Reply Comments Section 300.425(e) of the NCP the 37.0–38.6 GHz and 38.6–40.0 GHz (filed January 16, 1996); BizTel, Inc. provides that releases may be deleted bands. This action is taken due to the Motion for Extension of Time (filed from, or recategorized on the NPL where complexity of the issues raised in the January 11, 1996); Commco, L.L.C., no further response is appropriate. EPA, NPRM and Order in ET Docket No. 95– PLAINCOM, INC., Sintra Capital in consultation with the State of 183 and PP Docket No. 93–253, FCC 95– Corporation, James W. O’Keefe, and Eric Tennessee, has concluded that the 500, (January 26, 1996). The intended Sterman Motion for Extension of Time Gallaway Pits Site meets the following effect is to allow applicants an extended to File Comments (filed January 16, criteria for site deletion: period of time in which to address the 1996); Digital Microwave Corporation (i) All appropriate fund-financed issues pressented in the NPRM and (‘‘DMC’’) Motion for Extension of Time response actions have been Order. (filed January 11, 1996); DMC Motion implemented; and DATES: Comments are to be filed on or for Extension of Time (filed January 16, (ii) All appropriate response under before March 4, 1996 and reply 1996); Thomas Domencich, Milliwave CERCLA has been implemented. comments on or before April 1, 1996. Limited Partnership, Columbia Capital 6810 Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Proposed Rules

Corporation, Columbia Millimeter filing comments in this proceeding is striata) fishery pursuant to the Communications, L.P, and Microwave extended from February 12, 1996 to Magnuson Fishery Conservation and Partners Emergency Joint Motion for March 4, 1996, and that the deadline for Management Act of 1976, as amended. Extension of Time to File Comments filing reply comments is extended from The management unit consists of black and Reply Comments (filed January 11, February 27, 1996 to April 1, 1996. sea bass in U.S. waters in the western 1996); TIA Motion for Extension of 10. This action is taken pursuant to Atlantic Ocean from Cape Hatteras, NC, Time (filed January 11, 1996); WinStar authority found in Sections 4 (i) and 303 northward to the U.S.-Canadian border. Motion for Extension of Time (filed of the Communications Act of 1934, as The objectives of the FMP are to: (1) January 16, 1996). amended, 47 U.S.C. §§ 154 (i) and 303, Reduce fishing mortality in the black 4. GEC’s Motion, filed January 17, and Sections 0.131 and 0.332 of the sea bass fishery to ensure that 1996, requests that the Commission Commission’s Rules, 47 CFR §§ 0.131 overfishing does not occur; (2) reduce extend the deadline for filing comments and 0.332. For further information, fishing mortality on immature black sea (currently February 12, 1996) by 60 contact Jennifer Burton, Private Wireless bass to increase spawning stock days, and reply comments (currently Division, (202) 418–0680. biomass; (3) improve the yield from the February 27, 1996) by 45 days. Federal Communications Commission fishery; (4) promote compatible WinStar’s Petition for Reconsideration, management regulations between state filed January 19, 1996, requests that the Robert H. McNamara, Chief, Private Wireless Division, Wireless and Federal jurisdictions; (5) promote deadline for filing comments be uniform and effective enforcement of extended by 90 days and for filing reply Telecommunications Bureau. [FR Doc. 96–3822 Filed 2–21–96; 8:45 am] regulations; and (6) minimize comments by 45 days. TIA’s Motion, regulations to achieve the management filed January 22, 1996, requests that the BILLING CODE 6712±01±P objectives stated above. Commission extend the deadline for Overfishing for black sea bass is filing reply comments by 20 days. No defined as fishing in excess of the Fmax opposition to these requests has been DEPARTMENT OF COMMERCE level. Based on current conditions in the filed to date. fishery, Fmax is 0.29 (an annual 5. GEC seeks its requested extension National Oceanic and Atmospheric Administration exploitation rate of 23 percent). because of the complexity and volume The recovery strategy calls for of explicit comment sought in the Chapter VI minimum fish sizes and commercial NPRM and Order, 61 FR 2452 and 61 FR gear regulations in years 1 and 2. In 2465 (January 26, 1996). GEC contends [I.D. 021296A] years 3 to 5, target exploitation rates that the NPRM and Order contains would be 48 percent for black sea bass. Mid-Atlantic Fishery Management almost 100 distinct issues ranging from In years 6 and 7, the target exploitation Council; Hearings on the Black Sea competitive bidding procedures to rates would be 37 percent and in year Bass Fishery Management Plan modifications of technical rules, and 8 and subsequent years, the target proposals that are new to the record and AGENCY: National Marine Fisheries exploitation rate would be based on unfamiliar to many affected parties. Service (NMFS), National Oceanic and Fmax. WinStar seeks an extension of time so Atmospheric Administration (NOAA), Management Measures that they may conduct engineering and Commerce. economic research and analysis. Finally, ACTION: Public hearings; request for The Council has adopted the TIA seeks an extension in order to comments. following management measures for respond meaningfully to complex purposes of public hearings: studies and reply comments. SUMMARY: The Mid-Atlantic Fishery Years 1 and 2 6. In light of the complexity of the Management Council (Council) will issues raised in the NPRM and Order, hold public hearings to allow for input 1. A 9–inch (229 mm) total length we agree with GEC, Winstar and TIA on the proposed Fishery Management (TL) minimum fish size in all fisheries. that the public interest would be served Plan for the Black Sea Bass Fishery A maximum of a 5–percent tolerance by by granting an extension. We (FMP). weight of undersized black sea bass nevertheless remain concerned about DATES: Written comments will be would be allowed on vessels issued avoiding a substantial delay in the accepted on or before April 2, 1996. The moratorium permits. Black sea bass less resolution of issues presented in this hearings will be held during the months than 9 inches (229 mm) TL could not be proceeding. Thus, we believe that a 20- of February and March. See sold. day extension of the comment period SUPPLEMENTARY INFORMATION for times 2. The minimum otter trawl mesh size combined with an extended reply and dates of hearings. for vessels retaining more than 100 lb of black sea bass would be 4.0 inches (102 comment period is appropriate. ADDRESSES: Send comments to David R. mm) (stretch mesh inside measure). Ordering Clauses Keifer, Executive Director, Mid-Atlantic 3. Black sea bass pots would be 7. Accordingly, it is hereby ordered Fishery Management Council, Room required to have a minimum escape that the Motions for Extension of Time 2115 Federal Building, 300 South New vent of 1–1/8 inches (28 mm) x 6 inches filed by GEC and TIA and the Petition Street, Dover, DE 19904. The public (152 mm), or 2.5 inches (66 mm) in for Reconsideration filed by Winstar are hearings will be held in Virginia, New diameter. The escape vent provision hereby granted to the extent stated Jersey, North Carolina, Maryland, Rhode would be implemented at the start of the herein. Island, Massachusetts, and New York. first calendar year following FMP 8. It is further ordered that the See SUPPLEMENTARY INFORMATION for the approval, so the fishers would not be Motions for Extension of Time set forth locations of the hearings. required to pull their pots and rebuild supra at paragraph 2 are hereby FOR FURTHER INFORMATION CONTACT: them in the middle of the season. dismissed as moot. David R. Keifer, (302) 674–2331. 9. It is further ordered, pursuant to SUPPLEMENTARY INFORMATION: The FMP, Years 3 and Subsequent Section 1.46 of the Commission’s Rules, prepared by the Council, is intended to 1. A 10–inch (254–mm) TL minimum 47 CFR § 1.46, that the deadline for manage the black sea bass (Centropristis fish size in all fisheries that may be Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Proposed Rules 6811 adjusted annually on a framework basis. vessels into the fishery. Vessels with 8. Separate management measures for A maximum of a 5–percent tolerance by documented landings of black sea bass party/charter boat fishermen. weight of undersized black sea bass for sale between January 26, 1988, and 9. A 9–inch (229 mm) TL minimum would be allowed on vessels issued January 26, 1993, qualify for a fish size and a 3.5–inch (89 mm) moratorium permits. Black sea bass less moratorium permit to land and sell minimum square mesh size in the otter than 10 inches (254 mm) TL could not black sea bass under this moratorium trawl fishery when the vessel has 100 lb be sold. program. (45.36 kg) or more of black sea bass on 2. Black sea bass pots would be 4. Dealer permits (permits to board. required to have a minimum escape purchase). Hearings vent of 1–1/4 inches (32 mm) x 6 inches 5. Permitted vessels may only sell to (152 mm), or 2.75 inches (70 mm) in permitted dealers and permitted dealers All hearings will begin at 7 p.m., diameter. may only buy from permitted vessels. except the New York hearing, which 3. The minimum mesh size for vessels 6. Party and charter boat, commercial begins at 7:30 p.m. The hearings will be retaining more than 100 lb (45.36 kg) of vessel, and dealer reports. tape recorded with the tapes filed as the black sea bass would be 4.5 inches (114 7. The hinges and fasteners of one official transcript of the hearing. The mm) (stretch mesh inside measure). The panel or door in black sea bass pots or hearings are scheduled as follows: minimum mesh size may be adjusted traps must be made of one of the 1. February 26, 1996—Days Inn, 5807 annually on a framework basis. following degradable materials: Northampton Boulevard, Virginia 4. Prior to year 3 and annually a. Untreated hemp, jute, or cotton Beach, VA. thereafter, the Council, working through string of 3/16–inch (4.8 mm) diameter or a Monitoring Committee, would 2. February 26, 1996—Ocean Place smaller; evaluate the success of the FMP relative Hilton, One Ocean Boulevard, Long b. Magnesium alloy, timed float to the overfishing reduction goal and Branch, NJ. releases (pop-up devices) or similar propose adjustments to the management 3. February 27, 1996—Cape May magnesium alloy fasteners; or (c) system. Beginning with year 3, Extension Office, Dennisville Road, ungalvanized or uncoated iron wire of additional measures would be Cape May, NJ. 0.062–inch (1.6 mm) diameter or implemented by the Director, Northeast 4. February 27, 1996—North Carolina smaller. Region, NMFS (Regional Director), State Aquarium, Airport Road, Manteo, 8. A maximum size of 18 inches (457 based on the recommendations of the NC. mm) diameter for rollers used in roller Council. Additional management 5. February 28, 1996—Dunes Manor, rig trawl gear. measures could be any or all of the 28th Street and the Ocean, Ocean City, 9. Special management zones around following: MD. a. Commercial: A coastwide artificial reef areas. 6. March 5, 1996—Holiday Inn, commercial quota with Federal permit Alternatives Considered But Not Routes 1 and 138, S. Kingston, RI. holders being prohibited from landing Adopted 7. March 6, 1996—Massachusetts (selling) after the quota had been Maritime Academy, Academy Drive, 1. Take no action at this time. landed. Quota overruns would be Buzzards Bay, MA. 2. Seasonal closures for the deducted from the subsequent year. All commercial fishery. 8. March 7, 1996—Holiday Inn, 3845 states would need to prohibit black sea 3. Bimonthly commercial quotas with Veterans Memorial Highway, bass sales following a Federal sales possible trip limits established by the Ronkonkoma, NY. prohibition. b. Recreational: A coastwide Regional Director to reduce the length of Special Accommodations closures. possession limit, season, and These hearings are physically 4. State by state commercial quotas recreational harvest limit. Landings in accessible to people with disabilities. with possible trip limits established by excess of the limit would be deducted Requests for sign language the states to reduce the length of from the harvest limit for the interpretation or other auxiliary aids closure. 5. Individual transferable subsequent year. should be directed to Joanna Davis at quotas. (302) 674–2331. For All Years 6. Seasonal dependent minimum sizes 1. Operator permits for commercial in the commercial fishery: A 10–inch Dated: February 15, 1996. and party and charter boats. (254 mm) TL minimum size from Richard W. Surdi, 2. Vessel permits for party and charter October 1 - April 30 and a 9–inch (229 Acting Director, Office of Fisheries boats. mm) TL minimum size for the rest of the Conservation and Management, National 3. Vessel permits for commercial year. Marine Fisheries Service. vessels (permits to sell) under a 7. A threshold requirement to qualify [FR Doc. 96–3969 Filed 2–21–96; 8:45 am] moratorium on entry of additional for a moratorium permit. BILLING CODE 3510±22±F 6812

Notices Federal Register Vol. 61, No. 36

Thursday, February 22, 1996

This section of the FEDERAL REGISTER Union Steel Manufacturing Co., Ltd. initiation of the new shipper contains documents other than rules or On December 15, 1994, the administrative review of the proposed rules that are applicable to the Department published in the Federal antidumping duty order on certain public. Notices of hearings and investigations, Register (59 FR 64650) the notice of compact ductile iron waterworks fittings committee meetings, agency decisions and and glands (CDIW) from the People’s rulings, delegations of authority, filing of initiation of the administrative review. Republic of China (PRC). This review petitions and applications and agency Termination of Review statements of organization and functions are has now been terminated as a result of examples of documents appearing in this Ordinarily, parties have 90 days from withdrawal of the request for review by section. the publication of the notice of Beijing M Star Pipe Corp. (BMSP), the initiation of review in which to only interested party that requested a withdraw a request for review. See 19 new shipper review. DEPARTMENT OF COMMERCE CFR 353.22(a)(5). We received timely EFFECTIVE DATE: February 22, 1996. requests for withdrawal from Dongbu FOR FURTHER INFORMATION CONTACT: International Trade Administration Steel Co., Ltd., Hyundai Pipe Co., Ltd., Paul M. Stolz, Office of Antidumping [A±580±809] Korea Iron and Steel Co., Ltd., Pusan Compliance, Import Administration, Steel Pipe Co., Ltd., and Union Steel International Trade Administration, Circular Welded Non-Alloy Steel Pipe Manufacturing Co., Ltd. However, on U.S. Department of Commerce, 14th From the Republic of Korea; January 30, 1996 (after the conclusion of Street and Constitution Avenue, NW., Termination of Antidumping Duty the 90-day time period), we received a Washington, DC 20230, telephone: (202) Administrative Review request for withdrawal from Korea Steel 482–4474. Pipe Co., Ltd. and the petitioner. SUPPLEMENTARY INFORMATION: AGENCY: Import Administration, Given that the review has not International Trade Administration, progressed substantially and there Background Department of Commerce. would be no undue burden on the On September 29, 1995, BMSP ACTION: Notice of Termination of parties or the Department, the requested a new shipper administrative Antidumping Duty Administrative Department has determined that it review of the antidumping duty order Review. would be reasonable to grant the on CDIW from the PRC for the period withdrawal at this time. Therefore, in SUMMARY: On December 15, 1994, the February 1, 1995, through August 31, accordance with section 353.22(a)(5) of Department of Commerce (the 1995, pursuant to 19 U.S.C. 1675 the Department’s regulations, the Department) published in the Federal (a)(2)(B). On November 14, 1995, the Department has terminated this Register (59 FR 64650) the notice of Department published in the Federal administrative review. initiation of administrative review of the Register (60 FR 57218) the notice of This notice is published in initiation of that new shipper antidumping duty order on circular accordance with section 751 of the welded non-alloy steel pipe from the administrative review. BMSP withdrew Tariff Act of 1930, as amended (19 its request for review on January 18, Republic of Korea, for the period of U.S.C. 1675), and 19 CFR 353.22(a)(5). November 1, 1993 through October 31, 1996 pursuant to 19 CFR 353.22(a)(5). 1994. This review has now been Dated: February 13, 1996. There were no other requests for this terminated as a result of withdrawals by Joseph A. Spetrini, new shipper review. As a result, the the interested parties that requested the Deputy Assistant Secretary for Compliance. Department has terminated this review. review. [FR Doc. 96–3901 Filed 2–21–96; 8:45 am] This notice is published in BILLING CODE 3510±DS±P accordance with section 751 of the EFFECTIVE DATE: February 22, 1996. Tariff Act of 1930, as amended (19 FOR FURTHER INFORMATION CONTACT: U.S.C. 1675) and 19 CFR 353.22. Mark Ross or Richard Rimlinger, Office [A±570±820] Dated: February 1, 1996. of Antidumping Compliance, Import Administration, International Trade Certain Compact Ductile Iron Joseph A. Spetrini, Administration, U.S. Department of Waterworks Fittings and Glands Deputy Assistant Secretary for Compliance. Commerce, 14th Street and Constitution (CDIW) From the People's Republic of [FR Doc. 96–3902 Filed 2–21–96; 8:45 am] Avenue, N.W., Washington, D.C. 20230; China: Termination of New Shipper BILLING CODE 3510±DS±M telephone: (202) 482–4733. Antidumping Duty Administrative Review SUPPLEMENTARY INFORMATION: [A±201±601] AGENCY: Import Administration, Background International Trade Administration, Fresh Cut Flowers From Mexico; Final We received requests for review Department of Commerce. Results of Antidumping Duty Administrative Review pursuant to 19 CFR 353.22(a) (1994) for ACTION: Notice of termination of new the following specifically-named shipper antidumping duty AGENCY: Import Administration, exporters/manufacturers: administrative review. International Trade Administration, Dongbu Steel Co., Ltd. Department of Commerce. SUMMARY: On November 14, 1995, the Hyundai Pipe Co., Ltd. ACTION: Notice of final results of Department of Commerce (the Korea Iron and Steel Co., Ltd. antidumping duty administrative Department) published in the Federal Korea Steel Pipe Co., Ltd. review. Pusan Steel Pipe Co., Ltd. Register (60 FR 57218) the notice of Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices 6813

SUMMARY: On September 26, 1995, the items 0603.10.7010 (pompon 772(e)(1) of the Act, the Department Department of Commerce (the chrysanthemums), 0603.10.7020 must deduct from ESP all direct selling Department) published the preliminary (standard chrysanthemums), and expenses incurred at arm’s length as results of its administrative review of 0603.10.7030 (standard carnations). The circumstance-of-sale adjustments. the antidumping duty order on certain HTSUS item numbers are provided for The Department’s Position: fresh cut flowers from Mexico. The convenience and Customs purposes We disagree with the petitioner. Since period of review is April 1, 1992 only. The written description remains the Department published its final through March 31, 1993. dispositive as to the scope of the order. results in the 1989–1990 review of this We gave interested parties an This review covers sales of the subject order, we have established the practice opportunity to comment on our merchandise entered into the United of collapsing exporters and their related preliminary results. We have not States during the period April 1, 1992 consignment agents in ESP situations. changed our preliminary results of through March 31, 1993. The petitioner’s arguments do not persuade us to deviate from this review. Analysis of the Comments Received EFFECTIVE DATE: February 22, 1996. practice. As fully explained in Roses, The petitioner, the Floral Trade the Department considers commissions FOR FURTHER INFORMATION CONTACT: Council, submitted a case brief on paid to related parties to be Rebecca Trainor or Maureen Flannery, October 26, 1995. We received no other intracompany transfers of funds, which Office of Antidumping Compliance, comments on the preliminary results. are not deductible from ESP. See also Import Administration, International The petitioner combined in one case Furfuryl Alcohol From South Africa; Trade Administration, U.S. Department brief its comments for this review and Final Determination of Sales at Less of Commerce, 14th Street and the 1993–1994 review. Below, we have Than Fair Value 60 FR 22551 (May 8, Constitution Avenue, NW, Washington, addressed only those comments that 1995). Further, we do not consider such DC 20230; telephone: (202) 482–4733. appear to be relevant to the 1992–1993 a transfer of funds to be a direct selling SUPPLEMENTARY INFORMATION: review. expense. Instead of making a deduction Comment 1: The petitioner claims for commissions, the Department Background that the Department overstated deducts the amount of the related On September 26, 1995, the exporter’s sales prices (ESP) by failing to importer’s U.S. direct and indirect Department published in the Federal deduct commissions paid to related selling expenses pursuant to section Register (60 FR 49577) the preliminary parties. The petitioner states that the 772(e)(2) of the Act. This methodology results of its administrative review of statute and the Department’s regulations avoids double-counting the direct and the antidumping duty order on certain require the Department to deduct U.S. indirect selling expense component of fresh cut flowers from Mexico (52 FR commissions and indirect selling the related party commission, and 13491 (April 23, 1987)). The expenses, regardless of whether the avoids deducting any of the related preliminary results indicated that no consignment agent is a related party. For importer’s profit, as the Court affirmed dumping margins existed for four of the this reason, the petitioner argues, the in Timken. respondents in this review: Rancho El Department should reconsider its Comment 2: The petitioner claims Aguaje (Aguaje), Rancho Guacatay treatment of related party commissions that the Department should confirm that (Guacatay), Rancho El Toro (Toro), and in this case and as articulated in Fresh the respondents’ reported credit costs Rancho Del Pacifico (Pacifico). We Cut Roses from Colombia and Fresh Cut account for the time between receipt of applied dumping margins based on the Roses from Ecuador, 60 FR 6980, 7019 payment and deposit into the best information available (BIA) to (Feb. 6, 1995) (Roses). respondents’ bank accounts, as the Tzitzic Tareta, Rancho Mision el The petitioner argues that, in Roses, Department did in the 1989–1990 Descanso, Rancho Alisitos, and Las the Department erroneously administrative review. Flores de Mexico, because they failed to distinguished between commissions The Department’s Position: answer the antidumping questionnaire. paid to related and unrelated parties, We disagree with the petitioner. For Two producers, Visaflor S. de P.R. while the statute, which makes no such the purposes of calculating imputed (Visaflor) and Rancho Daisy (Daisy), distinction, simply requires that credit costs, it is our practice to made no shipments to the United States commissions be deducted from ESP. calculate the number of credit days during the period of review. The petitioner states that the based on the number of days between Department’s treatment of related party the date of shipment and the date of Applicable Statutes and Regulations commissions in Roses is irrational, and payment. If actual payment dates are not The Department has conducted this it is inconsistent with Timken Co. v. readily accessible, we normally allow review in accordance with section 751 United States, 630 F. Supp. 1327, 1341 respondents to base the number of of the Tariff Act of 1930, as amended (CIT 1986) (Timken). The petitioner credit days on the average age of (the Act). Unless otherwise stated, all asserts that, in Timken, the Court accounts receivable. See, e.g., Color citations to the statutes and to the supported the Department’s rationale for Television Receivers from the Republic Department’s regulations are references not deducting related party profits of Korea; Final Results of Antidumping to the provisions as they existed on because they were not commissions, Duty Administrative Review, 56 FR December 31, 1994. while, in Roses, the Department refused 12701 (Comment 28)(March 27, 1991). to deduct commissions because they are We found during verification that the Scope of the Review profits. The petitioner points out that, in respondents’ methodologies for The products covered by this review the 1989–1990 review of Certain Fresh calculating the average age of accounts are certain fresh cut flowers, defined as Cut Flowers from Mexico, the receivable were reasonable. For further standard carnations, standard Department deducted related party discussion, see the public verification chrysanthemums, and pompon commissions found to be at arm’s length reports for Aguaje and Pacifico, on file chrysanthemums. During the period of (57 FR 7732 (March 4, 1992)). in Room B099 of the Commerce review (POR), such merchandise was Finally, the petitioner states that, even Department. classifiable under Harmonized Tariff assuming that commissions need not Comment 3: The petitioner states that Schedule of the United States (HTSUS) always be deducted under section the Department should describe the 6814 Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices manner in which it confirmed that interest expenses from a separate line of company-specific rate published for the Visaflor and Daisy made no shipments business that never began operations most recent period; (3) if the exporter is of the subject merchandise during the skewed its cost of production figures not a firm covered in this review, a prior review period. and should not have been included in review, or the original less-than-fair- The Department’s Position: the review analysis.’’ The Floral Trade value (LTFV) investigation, but the To determine whether Visaflor and Council v. the United States, 799 F. manufacturer is, the cash deposit rate Daisy made shipments of the subject Supp. 116 (CIT 1992). shall be the rate established for the most merchandise to the United States during The Court recognized that Florex’s recent period for the manufacturer of the review period, the Department rate was unrepresentative of the other the merchandise; and (4) if neither the followed its standard practice of issuing companies in that review, and by exporter nor the manufacturer is a firm an electronic mail message to the extension, of the entire flower industry covered in this or any previous review, Customs Service. The Customs Service because: (1) it was an out of proportion the cash deposit rate will be 18.28 then transmitted this message to field rate explained by factors unassociated percent, the all others rate established in personnel, requesting notification if the with the overall industry, and (2) Florex the LTFV investigation. These deposit subject merchandise exported by represented only a small fraction of the requirements shall remain in effect until Visaflor or Daisy entered the United industry. The Court concluded that publication of the final results of the States during the review period. A copy ‘‘ITA did not err in finding it would be next administrative review. of this message is on file in Room B099 punitive to maintain Florex’s rate as the This notice serves as a final reminder of the Commerce Department. We ‘‘all other’’ rate. Id. at 119. Therefore, to importers of their responsibility received no information from Customs although we received no information under 19 CFR 353.26 to file a certificate that Visaflor and Daisy had shipments from the non-responding companies, we regarding the reimbursement of of the subject merchandise during the maintain that the Florex rate is antidumping duties prior to liquidation POR. unrepresentative of the Mexican fresh of the relevant entries during this Comment 4: The petitioner agrees cut flower industry, and unsuitable to review period. Failure to comply with with the Department’s decision to assign be applied to the non-responding this requirement could result in the non-responding companies a margin companies as BIA. Secretary’s presumption that based on BIA, however, the petitioner reimbursement of antidumping duties states that the Department should not Final Results of Review occurred and the subsequent assessment have assigned these companies the We determine that the following of double antidumping duties. second-highest rate found for any dumping margins exist for the period This notice also serves as a reminder respondent. By doing so, the petitioner April 1, 1992, through March 31, 1993: to parties subject to administrative argues, the Department unnecessarily protective order (APO) of their and unfairly departed from its practice Margin Manufacturer/exporter responsibility concerning the of assigning non-responding companies (percent) disposition of proprietary information the highest available margin. The petitioner states that, although Rancho el Aguaje ...... 0.00 disclosed under APO in accordance the Department did not use the highest Rancho Guacatay ...... 0.00 with 19 C.F.R. 353.34(d) or 355.34(d). Rancho el Toro ...... 0.00 Timely written notification of return/ rate as BIA in prior reviews, the Rancho del Pacifico ...... 0.00 respondents in those reviews had, at destruction of APO materials or Rancho Daisy ...... *0.00 conversion to judicial protective order is least, submitted partial or complete Visaflor ...... *0.00 questionnaire responses. The petitioner Tzitzic Tareta ...... 39.95 hereby requested. Failure to comply argues that the Department has no Rancho Mision el Descanso ..... 39.95 with the regulations and the terms of an evidence that the highest margin is Rancho Alisitos ...... 39.95 APO is a sanctionable violation. unrepresentative, since the parties failed Las Flores de Mexico ...... 39.95 This administrative review and notice All Others ...... 18.28 to respond to the questionnaire. are in accordance with section 751(a)(1) Furthermore, the petitioner states, the * No shipments subject to this review. Rate of the Act (19 U.S.C. 1675(a)(1)) and respondents are presumed to be aware is from the last relevant segment of the pro- section 353.22 of the Department’s of the highest possible margin when ceeding in which the firm had shipments. regulations. they decided not to respond to the Because Guacatay received a margin Dated: February 13, 1996. antidumping questionnaire, citing of 39.95 percent for the 1991–1992 Susan G. Esserman, Rhone Poulenc, Inc. v. United States, review period, we have determined not Assistant Secretary for Import 899 F.2d 1185, 1191 (Fed. Cir. 1990). to revoke the antidumping duty order Administration. The Department’s Position: with respect to Guacatay. (See Notice of [FR Doc. 96–3899 Filed 2–21–96; 8:45 am] We disagree with the petitioner. Prior Final Results of Antidumping Duty BILLING CODE 3510±DS±P to 1993 and the CIT’s decisions in The Administrative Review; Certain Fresh Floral Trade Council v. United States, Cut Flowers from Mexico, 60 FR 49569 822 F.Supp. 766 (CIT 1993), and Federal (September 26, 1995).) A±405±071 Mogul Corporation and the Torrington The following deposit requirements Company v. United States, 839 F.Supp. shall be effective for all shipments of the Viscose Rayon Staple Fiber From 864 (CIT 1993), the Department subject merchandise that are entered or Finland; Notice of Final Court Decision determined an ‘‘all others’’ or ‘‘new withdrawn from warehouse, for and Rescission of Revocation of shippers’’ rate during the course of each consumption on or after the publication Antidumping Duty Finding administrative review. In the 1989–1990 date of these final results, as provided AGENCY: Import Administration, review of this order, the Department did by section 751(a)(1) of the Act: (1) the International Trade Administration, not include Florex’s rate of 264.43 cash deposit rates for the reviewed Department of Commerce. percent in its determination of the companies shall be the above rates; (2) ACTION: Notice of final court decision updated ‘‘all others’’ rate. The CIT for previously reviewed or investigated and reinstatement of antidumping duty supported the Department’s position, companies not listed above, the cash finding. stating that, ‘‘Florex’s accumulated deposit rate will continue to be the Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices 6815

SUMMARY: On November 7, 1994, the subject merchandise during the DATES: The meeting will be held on Department of Commerce revoked the pendency of appeal, because the CIT March 7, 1996, from 2:00 p.m. until 5:00 finding on viscose rayon staple fiber decision was issued pursuant to 28 p.m. and on March 8, 1996 from 9:00 from Finland pursuant to an order of the U.S.C. § 1581(i), the Court’s residual a.m. until 12 noon. United States Court of International jurisdiction authority, rather than ADDRESSES: The meeting will be held at Trade (‘‘CIT’’) in Kemira Fibres Oy v. pursuant to 19 U.S.C. § 1516a, the the Conference Room of Joyuda Plaza United States, 861 F. Supp. 144 (CIT Court’s general jurisdictional authority. Hotel, Cabo Rojo, PR. 1994). In Kemira, the CIT ruled that the In the subsequent appeal, the Federal Council Address: Caribbean Fishery Department was required to revoke the Circuit found the Department’s Management Council, 268 Mun˜ oz finding because no interested party filed interpretation of 19 C.F.R. § 353.25(d)(4) Rivera Avenue, Suite 1108, San Juan, PR a request for administrative review for (i.e., that notice of intent to revoke is a 00918–2577. this finding or objected to the finding’s prerequisite to revocation of an FOR FURTHER INFORMATION CONTACT: revocation by March 31, 1993, antidumping order or finding) to be Caribbean Fishery Management Council; notwithstanding the Department’s reasonable. Therefore, the Federal telephone: (809) 766–5926. failure to issue timely notice of intent to Circuit reversed the CIT’s order and SUPPLEMENTARY INFORMATION: The revoke. The Department appealed the opinion and remanded for further purpose of the meeting is to discuss Court’s order and, on August 2, 1995, proceedings consistent with its issues regarding the red hind closed the United States Court of Appeals for decision. See Kemira Fibres Oy v. area off Mayagu¨ ez, PR. The meeting is the Federal Circuit (‘‘Federal Circuit’’) United States, 61 F.3d 866 (Fed. Cir. open to the public, and will be overturned the CIT order. Therefore, we 1995). conducted in English with Spanish are now rescinding the revocation of the On November 13, 1995, the CIT translation. Fishers and other interested fiber finding and instructing the U.S. vacated its earlier decision and persons are invited to attend and Customs Service to suspend liquidation declaratory judgment of September 8, participate with oral or written of entries of fiber from Finland. 1994 and instructed the Department to statements regarding agenda items. EFFECTIVE DATE: February 22, 1996. proceed with further proceedings FOR FURTHER INFORMATION CONTACT: consistent with the Federal Circuit’s Special Accommodations Matthew Blaskovich or Zev Primor, opinion. This meeting is physically accessible Office of Antidumping Compliance, Thus, consistent with the Federal to people with disabilities. For more Import Administration, International Circuit’s decision, the Department information or requests for sign Trade Administration, U.S. Department hereby rescinds the revocation of the language interpretation and/or other of Commerce, 14th Street and antidumping duty finding on viscose auxiliary aids please contact Mr. Miguel Constitution Avenue, N.W., rayon staple fiber from Finland, A. Rolo´n, Executive Director (see Washington, D.C., 20230; telephone published at 44 FR 17156 (Mar. 21, ADDRESSES) at least 5 days prior to the (202) 482–5831/4114. 1979). Further, the Department is meeting date. directing the U.S. Customs Service to SUPPLEMENTARY INFORMATION: Dated: February 15, 1996. suspend liquidation and require a cash Richard W. Surdi, Background deposit in the amount of 0.00 percent ad Acting Director, Office of Fisheries On September 8, 1994, the CIT ruled valorem, the last published deposit rate, Conservation and Management, National that the Department was required to for each entry of the subject Marine Fisheries Service. revoke the antidumping finding on merchandise from Finland which is [FR Doc. 96–3967 Filed 2–21–96; 8:45 am] viscose rayon staple fiber from Finland, entered, or withdrawn from warehouse, BILLING CODE 3510±22±F terminate the ongoing administrative for consumption, on or after the date of review and end the suspension of publication of this notice. [I.D. 021296D] liquidation of the subject merchandise Dated: February 13, 1996. pursuant to 19 C.F.R. § 353.25(d)(4). See Susan G. Esserman, Gulf of Mexico Fishery Management Kemira Fibres Oy v. United States, 861 Assistant Secretary for Import Council; Public Meetings F. Supp. 144 (CIT 1994). The Court Administration. stated that the Department was required [FR Doc. 96–3900 Filed 2–21–96; 8:45 am] AGENCY: National Marine Fisheries to revoke the finding because no Service (NMFS), National Oceanic and BILLING CODE 3510±DS±P interested party filed a request for an Atmospheric Administration (NOAA), administrative review or objected to Commerce. revocation by the last day of the fifth National Oceanic and Atmospheric ACTION: Notice of public meetings. anniversary month, notwithstanding the Administration Department’s failure to issue timely SUMMARY: The Gulf of Mexico Fishery notice of intent to revoke. Management Council will convene In compliance with the CIT’s ruling, [I.D. 021396C] public meetings. the Department revoked the Caribbean Fishery Management DATES: The meetings will be held on antidumping duty finding on November Council; Public Meeting March 11–14, 1996. See SUPPLEMENTARY 7, 1994, terminated the 1993–94 INFORMATION for specific dates and administrative review and ended the AGENCY: National Marine Fisheries times. suspension of liquidation on all entries Service (NMFS), National Oceanic and ADDRESSES: These meetings will be held of the subject merchandise. See Viscose Atmospheric Administration (NOAA), at the Hawk’s Cay Resort, Mile Marker Rayon Staple Fiber From Finland; Commerce. 61, U.S. Highway 1, Duck Key, FL; Termination of Administrative Review ACTION: Notice of public meeting. telephone: 800–826–4061. and Revocation of Antidumping Council address: Gulf of Mexico Finding, 59 FR 55441 (Nov. 7, 1994). SUMMARY: The Reef Fish Committee of Fishery Management Council, 5401 The Department took these actions, the Caribbean Fishery Management West Kennedy Boulevard, Suite 331, rather than suspend liquidation of the Council (Council) will hold a meeting. Tampa, FL 33609. 6816 Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices

FOR FURTHER INFORMATION CONTACT: Special Accommodations (Committee) will review and possibly Wayne E. Swingle, Executive Director; These meetings are physically recommend approval of a plan telephone: (813) 228–2815. accessible to people with disabilities. amendment to establish a temporary SUPPLEMENTARY INFORMATION: Requests for sign language experimental use area 10 miles (18.52 km) south of Martha’s Vineyard for sea Council interpretation or other auxiliary aids should be directed to Anne Alford at the scallop research, enhancement, and March 12 Council (see ADDRESSES) by March 4, aquaculture. The Committee will also 1:30 p.m.—Convene to receive public 1996. review a draft public hearing document testimony. on a proposed plan amendment to allow 1:45 p.m. - 5:30 p.m.—Receive final Dated: February 14, 1996. the consolidation of days-at-sea now public testimony on Draft Reef Fish Richard W. Surdi, allocated to individual scallop vessels. Amendment 13 extending the red Acting Director, Office of Fisheries The day will conclude with a discussion snapper endorsement system, Red Conservation and Management, National of proposed legislation for highly Snapper Regulatory Amendment and Marine Fisheries Service. migratory species management. Draft Coastal Migratory Pelagics [FR Doc. 96–3904 Filed 2–21–96; 8:45 am] (Mackerel) Amendment 8. (NOTE: BILLING CODE 3510±22±F February 28, 1996 Testimony cards must be turned in to On February 28, 1996, the Monkfish staff before the start of public [I.D. 021396B] Committee will present an update on testimony). management measures, including the March 13 New England Fishery Management overfishing definitions. The Groundfish 8:30 a.m. - 10:00 a.m.—Reconvene to Council; Meeting Committee will discuss the proposed continue public testimony. rule for Amendment 7 to the Northeast 10:00 a.m. - 12:00 noon—Final AGENCY: National Marine Fisheries Multispecies Fishery Management Plan Council Action on Draft Mackerel Service (NMFS), National Oceanic and (FMP) followed by a discussion of Amendment 8. Atmospheric Administration (NOAA), groundfish management priorities. 1:30 p.m. - 3:30 p.m.—Reconvene to Commerce. continue Final Council Action on Draft Issues include: ACTION: Public meeting. Mackerel Amendment 8. 1. Additional framework adjustments to the FMP: (a) Alternatives to the 3:30 p.m. - 5:30 p.m.—Receive a SUMMARY: The New England Fishery Amendment 7 default measures for report of the Personnel Committee Management Council (Council) will effort reductions in the sink gillnet (CLOSED SESSION). hold a 2-day public meeting to consider fishery and for the Gulf of Maine area March 14 actions affecting New England fisheries closures, (b) a requirement that 8:30 a.m. - 9:30 a.m.—Reconvene to in the exclusive economic zone. receive a report of the Reef Fish fishermen exempted from effort controls DATES: The meeting will begin on Management Committee. under Amendment 5 take a 20-day block 9:30 a.m. - 10:00 a.m.—Receive a Tuesday, February 27, 1996, at 10 a.m. of time off from harvesting groundfish report of the Habitat Protection and on Wednesday, February 28, 1996, during the March through May Management Committee. at 8:30 a.m. spawning period for 1996 only, (c) 10:00 a.m. - 10:15 a.m.—Receive a ADDRESSES: The meeting will be held at implementation of a square-mesh report of the Ad Hoc Communications the Tara Ferncroft Conference Resort, 50 requirement for trawl gear, and (d) Committee. Ferncroft Road, Danvers, MA 01923. reconsideration of the measure to apply 10:15 a.m. - 10:45 a.m.—Receive a Requests for special accommodations groundfish fleet days-at-sea to vessels report of the Red Drum Management should be addressed to the New using nets to harvest sea scallops. Committee. England Fishery Management Council, 5 2. A plan amendment to address 10:45 a.m. - 11:00 a.m.—Discuss Broadway, Saugus, MA 01906–1097; management of the whiting fishery. issues related to the Bycatch telephone: (617) 231–0422. 3. The consolidation of fishing effort Amendment. FOR FURTHER INFORMATION CONTACT: in the groundfish fleet and the 11:00 a.m. - 11:15 a.m.—Receive Douglas G. Marshall, Executive Director, development of gear based management report of the International Commission (617) 231–0422. options. The Council will address any for the Conservation of Atlantic Tunas SUPPLEMENTARY INFORMATION: other outstanding business at the Working Groups. 11:15 a.m. - 11:30 a.m.—Receive February 27, 1996 conclusion of the agenda items described above. South Atlantic Fishery Management The February 27, 1996, session will Council Liaison Report. begin with a report on the 21st Stock Special Accommodations 11:30 a.m. - 12:15 p.m.—Receive Assessment Workshop presented by the The meeting is physically accessible Enforcement and Director’s reports. staff of the Northeast Fisheries Science 12:15 pm. - 12:30 p.m.—Other to people with disabilities. Request for Center. Analyses will be reviewed for business to be discussed. sign language interpretation or other Committees the following species/stocks: Long- auxiliary aids should be directed to March 11 finned squid (Loligo); short-finned squid Douglas G. Marshall (see ADDRESSES) at 9:00 a.m. - 12:00 noon—Convene the (Illex), Atlantic herring, winter flounder, least 5 days prior to the meeting date. and the northeast multispecies complex. Habitat Protection Management Authority: 16 U.S.C. 1801 et seq. Committee. Reports will be presented by the 1:00 p.m. - 2:30 p.m.—Convene the Council Chairman; Executive Director; Dated: February, 15, 1996. Ad Hoc Communications Committee. Director, Northeast Regional Office; Richard W. Surdi, 2:30 p.m. - 5:30 p.m.—Hold a public Northeast Fisheries Science Center; Acting Director, Office of Fisheries workshop on fish traps. Atlantic States Marine Fisheries Conservation and Management, National March 12 Commission; U.S. Coast Guard; and the Marine Fisheries Service. 8:00 a.m. - 12:00 noon—Convene the Mid-Atlantic Council Liaison. The [FR Doc. 96–3968 Filed 2–21–96; 8:45 am] Reef Fish Management Committee. Council’s Scallop Oversight Committee BILLING CODE 3510±22±F Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices 6817

DEPARTMENT OF DEFENSE Annex/Facility is scheduled for Dated: February 15, 1996. operational closure in September, 1998. M. A. Waters, Department of the Navy The EIS/EIR will address the disposal LCDR, JAGC, USN, Federal Register Liaison Officer. Notice of Intent To Prepare a Joint of both NAS Alameda and the Alameda [FR Doc. 96–3920 Filed 2–21–96; 8:45 am] Environmental Impact Statement/ Annex/Facility to public or private Environmental Impact Report for the entities and the potential impacts of BILLING CODE 3810±FF±P Proposed Disposal and Reuse of Naval reuse alternatives. All available property Air Station Alameda and the Alameda will be disposed of in accordance with Chief of Naval Operations (CNO) Annex of the Fleet Industrial Supply the provisions of applicable laws, Executive Panel; Closed Meeting Center, Alameda, California including Public Law 101–510 and applicable federal property disposal Pursuant to the provisions of the SUMMARY: Pursuant to Section 102(2)(c) regulations. Federal Advisory Committee Act (5 of the National Environmental Policy U.S.C. App. 2), notice is hereby given Act (NEPA) of 1969 as implemented by The NAS Alameda Community Reuse Plan, developed by the Alameda Reuse that the Chief of Naval Operations the Council on Environmental Quality (CNO) Executive Panel, will meet on 03 regulations (40 CFR Parts 1500–1508) and Redevelopment Authority (ARRA), includes both NAS Alameda and the Apr 1996, from 10:00 a.m. to 11:30 a.m. and the California Environmental in Room 4E630, Pentagon, Washington, Alameda Annex/Facility, and Quality Act (CEQA), the Department of DC. This session will be closed to the constitutes the preferred Reuse Plan for the Navy, in association with the City of public. Alameda, California, announces its the EIS/EIR. The Plan is a mixed use intent to prepare a joint Environmental proposal and identifies seven distinctive The purpose of this meeting is to Impact Statement/Environmental reuse sub-areas and recommendations conduct discussions on the Planning, Impact Report (EIS/EIR) for the for reuse. The EIS/EIR will examine the Programming and Budgeting Process, proposed disposal and reuse of Naval potential impacts to the environment Navy modernization straegies, resource allocation, and manpower issues. These Air Station (NAS) Alameda and the that may result from the implementation matters constitute classified information Fleet and Industrial Supply Center, of the preferred Reuse Plan and that is specifically authorized by Oakland, Alameda Annex and Facility potential alternative reuse scenarios. (Alameda Annex/Facility). The Defense Executive order to be kept secret in the The alternatives may include mixed use, interest of national defense and are, in Base Closure and Realignment Act still based in large part on the Reuse (Public Law 101–510) of 1990 , as fact, properly classified pursuant to Plan, but emphasizing open space, a such Executive order. Accordingly, the implemented by the base closure seaport industrial focus, and an option process of 1993, directed the Navy to Secretary of the Navy has determined in with a limited use airfield and increased writing that the public interest requires close NAS Alameda and the Alameda residential uses. A ‘‘no action’’ Annex/Facility. that all sessions of the meeting be closed alternative, which would result in the The Navy will be the lead agency for to the public because they will be federal government retaining the NEPA documentation and the City of concerned with mattes listed in section Alameda will be the lead agency for property in an ‘‘inactive’’ caretaker 552b(c)(1) of title 5, United States Code. CEQA documentation. status, will also be included. For further information concerning The U.S. Fish and Wildlife Service ADDRESSES: Federal, state and local this meeting contact: Janice Graham, will be a cooperating agency for the agencies, and interested individuals are Assistant for CNO Executive Panel NEPA documentation. invited to participate in the scoping Management, 4401 Ford Avenue, Suite NAS Alameda and the Alameda process to determine the range of issues 601, Alexandria, Virginia 22302-0268, Annex/Facility are located on Alameda and reuse alternatives to be addressed. Telephone Number: (703) 681-6205. Island, at the western end of the City of A public scoping meeting to receive oral Dated: February 15, 1996 Alameda, Alameda County, California. and written comments will be held on M. D. Schetzsle, Alameda Island lies along the eastern Wednesday, March 13, 1996, at 7:00 LT, JAGC, USNR, Alternate Federal Register side of the San Francisco Bay adjacent p.m., at the Alameda High School Liaison Officer. to the City of Oakland. Cafeteria, located at 2200 Central [FR Doc. 96–3922 Filed 2–21–96; 8:45 am] NAS Alameda is approximately two Avenue, Alameda, California. In the BILLING CODE 3810±FF±F miles long by one mile wide, and interest of available time, each speaker occupies approximately 2,842 acres, will be asked to limit oral comments to including 1,734 acres of uplands and five minutes. In addition, written Board of Visitors To The United States 1,108 acres of tidelands. The Base, comments may be submitted by March Naval Academy; Partially Closed which is scheduled for operational Meeting closure in April, 1997, is currently 29, 1996, to Mr. Jerry Hemstock, Code developed with airfield, industrial, 185JH, Engineering Field Activity West, Pursuant to the provisions of the office, residential, educational, Naval Facilities Engineering Command, Federal Advisory Committee Act (5 institutional, and open space uses. 900 Commodore Drive, San Bruno, U.S.C. App. 2), notice is hereby given The Alameda Annex/Facility consists California 94066–5006, telephone (415) that the Board of Visitors to the United of two parcels which comprise 244–3023, fax (415) 244–3737. For States Naval Academy will meet on 18 approximately 188 acres of land area, further information regarding the NAS March 1996, at Alumni Hall, United adjacent to NAS Alameda to the east Alameda Community Reuse Plan, States Naval Academy, Annapolis, MD, and bordered on the north by the contact Mr. Paul Tuttle, Alameda Reuse at 8:30 a.m. The executive session of Oakland/Alameda Estuary, which and Redevelopment Authority, Naval this meeting from approximately 8:30 separates Alameda Island from the City Air Station Postal Directory, Building a.m. to 10:00 a.m. will be closed to the of Oakland. It is developed with 90, Alameda, California 94501–5012, public. Following executive session the warehouses, open spaces, storage and telephone (510) 263–2870, fax (510) remainder of the meeting will be opened administrative buildings. The Alameda 521–3764. to the public. 6818 Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices

The purpose of the meeting is to make 5624, Regional Office Building 3, developed Principles for Professional such inquiry as the Board shall deem Washington, DC 20202–4651. Development. The Department will necessary into the state of morale and FOR FURTHER INFORMATION CONTACT: solicit applications from those operating discipline, the curriculum, instruction, Patrick J. Sherrill (202) 708–8196. effective professional development physical equipment, fiscal affairs, and Individuals who use a activities at the pre-K through 12 level academic methods of the Naval telecommunications device for the deaf in schools and school districts, evaluate Academy. During executive session (TDD) may call the Federal Information them with the help of professional these inquiries will relate to the internal Relay Service (FIRS) at 1–800–877–8339 educators (who will confirm personnel rules and practices of the between 8 a.m. and 8 p.m., Eastern time, information for high-ranking applicants Academy, may involve on-going Monday through Friday. through site visits), and recognize those criminal investigations, and include SUPPLEMENTARY INFORMATION: Section programs that are found to meet those discussions of personal information the 3506 of the Paperwork Reduction Act of criteria. disclosure of which would constitute a 1995 (44 U. S. C. Chapter 35) requires Office of Elementary and Secondary clearly unwarranted invasion of that the Office of Management and Education personal privacy. Accordingly, the Budget (OMB) provide interested Secretary of the Navy has determined in Type of Review: New. Federal agencies and the public an early Title: Complaint Procedures for State writing that the executive session opportunity to comment on information portion of the meeting shall be closed to Administered Programs/IASA. collection requests. OMB may amend or Frequency: On occasion. the public because they will be waive the requirement for public concerned with matters as outlined in Affected Public: Individuals or consultation to the extent that public Households, State, Local or Tribal Gov’t, section 552b(c) (2), (5), (6), (7), and (9) participation in the approval process of Title 5, United States Code. SEAs or LEAs. would defeat the purpose of the Annual Reporting and Recordkeeping For further information concerning information collection, violate State or Burden: this meeting contact:Lieutenant Federal law, or substantially interfere Responses: 57. Commander Adam S. Levitt, U.S. Navy, with any agency’s ability to perform its Burden Hours: 4,560. Secretary to the Board of Visitors, Office statutory obligations. The Director of the Abstract: A requirement that States of the Superintendent, United States Information Resources Group publishes establish complaint procedures in State- Naval Academy, Annapolis, MD 21402- this notice containing proposed administered programs, so that the 5000, Telephone (410) 293-1503. information collection requests prior to public may bring complaints to the Dated: February 15, 1996 submission of these requests to OMB. attention of State program M. D. Schetzsle, Each proposed information collection, administrators. LT, JAGC, USNR, Alternate Federal Register grouped by office, contains the Office of Special Education and Liaison Officer. following: (1) Type of review requested, Rehabilitative Services [FR Doc.96–3921 Filed 2–21–96;8:45 am] e.g., new, revision, extension, existing Type of Review: Reinstatement. BILLING CODE 3810±FF±F or reinstatement; (2) Title; (3) Summary of the collection; (4) Description of the Title: Resolution of Applicant/Client need for, and proposed use of, the Appeals. information; (5) Respondents and Frequency: Annually. Affected Public: State, local or Tribal frequency of collection; and (6) DEPARTMENT OF EDUCATION Gov’t, SEAs or LEAs. Reporting and/or Recordkeeping Notice of Proposed Information Reporting Burden and Recordkeeping: burden. OMB invites public comment at Responses: 82. Collection Requests the address specified above. Copies of Burden Hours: 164. the requests are available from Patrick J. AGENCY: Department of Education. Abstract: Form RSA–722 is needed to Sherrill at the address specified above. meet specific data collection ACTION: Proposed collection; comment Dated: February 15, 1996. requirements in Subsections 102(6)(A) request. Gloria Parker, and (B) of the Rehab Act of 1973, as SUMMARY: The Director, Information Director, Information Resources Group. amended on the number of Applicant/ Client appeals handled by impartial Resources Group, invites comments on Office of the Secretary the proposed information collection hearing officers. The information requests as required by the Paperwork Type of Review: New. collected is used to evaluate the types Reduction Act of 1995. Title: National Recognition Program of complaints made by applicants/ for Model Professional Development. clients of the vocational rehabilitation DATES: Interested persons are invited to Frequency: One-time. program and the final resolution of submit comments on or before April 22, Affected Public: State, Local or Tribal 1996. appeals filed. Respondents are State Gov’t., SEAs or LEAs. agencies that administer the Federal/ ADDRESSES: Written comments should Annual Reporting and Recordkeeping State Program for Vocational be addressed to the Office of Hour Burden: Rehabilitation. Information and Regulatory Affairs, Responses: 100. Attention: Wendy Taylor, Desk Officer, Burden Hours: 2,300. Office of Postsecondary Education Department of Education, Office of Abstract: With the importance of Type of Review: Reinstatement. Management and Budget, 725 17th professional development to school Title: Application for New Grants Street, NW., Room 10235, New reform and excellence in teaching and Under the School, College, and Executive Office Building, Washington, learning, there is an immediate need to University Partnerships (SCUP) DC 20503. Requests for copies of the identify and recognize model Program. proposed information collection professional development programs Frequency: Competitive Year. requests should be addressed to Patrick throughout the country that have Affected Public: Not-for-profit J. Sherrill, Department of Education, 600 schoolwide impact on student success, institutions; State, local or Tribal Gov’t, Independence Avenue, S.W., Room and that are aligned with the recently SEAs or LEAs. Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices 6819

Annual Reporting and Recordkeeping statutory obligations. The Director of the students, and make available to Hour Burden: Information Resources Group publishes prospective student-athletes, and their Responses: 175. this notice containing proposed parents, coaches, and counselors, Burden Hours: 3,500. information collection requests prior to information on the graduation rates of Abstract: The application form will be submission of these requests to OMB. the student population, and of student used to collect program and budget Each proposed information collection, athletes by race and gender within information needed to evaluate the grouped by office, contains the sport. quality of applications submitted and following: (1) Type of review requested, Office of Educational Research and make funding decisions based on the e.g., new, revision, extension, existing Improvement authorizing statute and the published or reinstatement; (2) Title; (3) Summary funding criteria. of the collection; (4) Description of the Type of Review: New. [FR Doc. 96–3946 Filed 2–21–96; 8:45 am] need for, and proposed use of, the Title: Baccalaureate and Beyond Longitudinal Study: Second Follow-up BILLING CODE 4000±01±P information; (5) Respondents and frequency of collection; and (6) (B&B: 93/97). Reporting and/or Recordkeeping Frequency: One-Time. Notice of Proposed Information burden. OMB invites public comment at Affected Public: Individuals or Collection Requests the address specified above. Copies of households. the requests are available from Patrick J. Annual Reporting and Recordkeeping AGENCY: Department of Education. Sherrill at the address specified above. Hour Burden: ACTION: Submission for OMB review; Dated: February 15, 1996. Responses: 13,500. comment request. Burden Hours: 9,417. Gloria Parker, Abstract: This study will collect and SUMMARY: Director, Information Resources Group. The Director, Information report data about students who Resources Group, invites comments on Office of Educational Research and completed a bachelor’s degree in 1992– the proposed information collection Improvement 93. Specifically, this follow-up will requests as required by the Paperwork Type of Review: Extension. collect data concerning Reduction Act of 1995. postbaccalaureate degree attendance, DATES: Interested persons are invited to Title: Application for Grants Under the Library Literacy Program. persistence, and completion; transition submit comments on or before March into and experiences after entry into the 25, 1996. Frequency: Annually. Affected Public: State, Local or Tribal work force; and career paths of those ADDRESSES: Written comments should Government. who entered teaching at the elementary/ be addressed to the Office of Reporting and Recordkeeping Hour secondary level. Information and Regulatory Affairs, Burden Type of Review: New. Attention: Wendy Taylor, Desk Officer, Responses: 500. Title: A Study of Charter Schools. Department of Education, Office of Burden Hours: 8,500. Frequency: Annually. Management and Budget, 725 17th Abstract: This form will be used by Affected Public: Not-for-profit Street, NW., Room 10235, New state and local public libraries to apply institutions; State, local or Tribal Gov’t, Executive Office Building, Washington, for funds under Title VI of the ‘‘Library SEAs or LEAs. DC 20503. Requests for copies of the Services and Construction Act’’ (P.L. Annual Reporting and Recordkeeping proposed information collection 98–480) for planning and coordinating Hour Burden: requests should be addressed to Patrick library literacy programs, training Responses: 800. J. Sherrill, Department of Education, 600 librarians and volunteers to carry out Burden Hours: 535. Independence Avenue, S.W., Room such programs, and acquiring necessary Abstract: This is a four-year study of 5624, Regional Office Building 3, materials. charter schools to determine the impact Washington, DC 20202–4651. of charter schools on student FOR FURTHER INFORMATION CONTACT: Office of Postsecondary Education achievement, on education reform, and Patrick J. Sherrill (202) 708–8196. Type of Review: Resubmission. on a multi-faceted array of other issues. Individuals who use a Title: Student Right-to-Know—Final It includes an annual survey of the telecommunications device for the deaf Rule. universe and site visits at increasingly (TDD) may call the Federal Information Frequency: Annually. deep levels. Relay Service (FIRS) at 1–800–877–8339 Affected Public: Business and other between 8 a.m. and 8 p.m., Eastern time, for-profit; Not-for-profit institutions. Office of Management Monday through Friday. Annual Reporting and Recordkeeping Type of Review: Revision. SUPPLEMENTARY INFORMATION: Section Hour Burden: Title: Waiver Guidance Under Goals 3506 of the Paperwork Reduction Act of Responses: 8,000. 2000. 1995 (44 U. S. C. Chapter 35) requires Burden Hours: 240,100. Frequency: On occasion. that the Office of Management and Abstract: Pub. L. 101–542 requires the Affected Public: State, local or Tribal Budget (OMB) provide interested Department to modify the Program Gov’t, SEAs or LEAs. Federal agencies and the public an early Participation Agreements of institutions Annual Reporting and Recordkeeping opportunity to comment on information of higher education participating in Hour Burden: collection requests. OMB may amend or programs under Title IV of the Higher Responses: 300. waive the requirement for public Education Act of 1965, as amended Burden Hours: 6,000. consultation to the extent that public (HEA). These regulations implement Abstract: This is a four-year study of participation in the approval process those modifications by requiring those charter schools to determine the impact would defeat the purpose of the institutions to make available to of charter schools on student information collection, violate State or students and prospective students the achievement, on education reform, and Federal law, or substantially interfere graduation rates of full-time, degree- or on a multi-faceted array of other issues. with any agency’s ability to perform its certificate-seeking undergraduate It includes an annual survey of the 6820 Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices universe and site visits at increasingly inspection in the Public Reference file with the Commission and are deep levels. Room. available for public inspection. [FR Doc. 96–3947 Filed 2–21–96; 8:45 am] Lois D. Cashell, Lois D. Cashell, Secretary. BILLING CODE 4000±01±P Secretary. [FR Doc. 96–3924 Filed 2–21–96; 8:45 am] [FR Doc. 96–3925 Filed 2–21–96; 8:45 am] BILLING CODE 6717±01±M BILLING CODE 6717±01±M

DEPARTMENT OF ENERGY [Docket No. RP96±105±001] [Docket No. RP94±343±015] Federal Energy Regulatory Overthrust Pipeline Company; Notice Commission NorAm Gas Transmission Company; of Tariff Filing Notice of Settlement Compliance Filing February 15, 1996. [Docket No. RP94±120±009] February 15, 1996. Take notice that on February 12, 1996, Overthrust Pipeline Company, tendered Koch Gateway Pipeline Company; Take notice that on February 12, 1996, for filing and acceptance to be effective Notice of Proposed changes in FERC NorAm Gas Transmission Company January 29, 1996, Substitute First Gas Tariff (NGT) tendered for filing as part of its Revised Sheet Nos. 44 and 45 to First FERC Gas Tariff, Fourth Revised February 15, 1996. Revised Volume No. 1–A of its FERC Volume No. 1, the following revised Take notice that on February 12, 1996, Gas Tariff. tariff sheets to become effective January Overthrust states that these tariff Koch Gateway Pipeline Company (Koch 1, 1996: sheets, which are filed in compliance Gateway), tendered for filing as part of Substitute First Rev Sheet No. 5 with the Commission’s January 26, its FERC Gas Tariff, Fifth Revised Substitute First Rev Sheet No. 6 1996, letter order in Docket No. RP96– Volume No. 1, the following tariff Second Sub Fourth Rev Sheet No. 13 105–000, revise Sections 7.9 and 7.11 of sheets: First Revised Sheet Nos. 16–26 the General Terms and Conditions as Eleventh Revised Sheet No. 20 First Revised Sheet No. 28 directed by the Commission. Tenth Revised Sheet No. 21 Substitute First Rev Sheet No. 113 Overthrust states further that a copy Eleventh Revised Sheet No. 22 Substitute Original Sheet No. 167A of this filing has been served upon its Seventh Revised Sheet No. 23 Substitute Original Sheet No. 171A jurisdictional customers and the Eleventh Revised Sheet No. 24 Substitute Original Sheet No. 180 appropriate public service commission. Second Revised Sheet No. 4000 Substitute First Rev Sheet No. 211 Any person desiring to protest said Substitute Original Sheet No. 305 filing should file a protest with the Substitute Original Sheet No. 306 Koch Gateway states that the purpose Federal Energy Regulatory Commission, Substitute Original Sheet No. 307 of this filing is to comply with the 888 First Street, N.E., Washington, D.C. Commission’s January 31, 1996, Order Substitute First Rev Sheet No. 318 Substitute First Rev Sheet No. 319 20426, in accordance with Rule 385.211 Approving Contested Settlement as of the Commission’s Rules of Practice Modified. Koch Gateway also states that Substitute Original Sheet No. 321A Substitute Original Sheet No. 328 and Procedure (18 CFR 385.211). All these tariff sheets have adjusted FTS such protests must be filed as provided and ITS rates to reflect revisions to the NGT states that these revised tariff in Section 154.210 of the Commission’s discount adjustment made in sheets are filed in compliance with the Regulations. Protests will be considered compliance with the Order. Koch Commission’s January 22, 1996, order by the Commission in determining the Gateway also states that, pursuant to the approving the parties’ settlement in this appropriate action to be taken, but will settlement, it will move to place these proceeding. First, the filing will not serve to make protestants parties to rates into effect on the first date of the implement the settlement fuel tracker the proceeding. Copies of this filing are first month following receipt of a final tariff sheet effective January 1, 1996. on file with the Commission and are Commission Order approving the The next semi-annual fuel tracker filing available for public inspection. settlement if that order is acceptable to will be made on April 1, 1996. Second, Lois D. Cashell, Koch Gateway. it will remove tariff sheets regarding Secretary. Koch Gateway states that copies of the excess deferred income taxes as [FR Doc. 96–3928 Filed 2–21–96; 8:45 am] filing will be served upon all parties on provided for in the Settlement. Third, it BILLING CODE 6717±01±M the official service list created by the will clarify the tariff sheets in effect Secretary in this proceeding. regarding the crediting of excess cash- Any person desiring to protest this out revenues. Fourth, it will replace [Docket No. RP95±411±000] tariff sheets to make needed clerical, filing should file a protest with the Panhandle Eastern Pipe Line Federal Energy Regulatory Commission, typographical, and administrative corrections. Company; Notice of Technical 888 First Street, N.E., Washington, D.C. Conference 20426, in accordance with 18 CFR Any person desiring to protest the 385.211 of the Commission’s Rules and proposed tariff sheets should file a February 15, 1996. Regulations. All such protests must be protest with the Federal Energy An informal technical conference will filed as provided in Section 154.210 of Regulatory Commission, 888 First be convened to resolve certain issues the Commission’s Regulations. Protests Street, N.E., Washington, D.C. 20426, in raised by the filing in the above- will be considered by the Commission accordance with Rule 211 of the captioned proceeding and certain in determining the appropriate action to Commission’s Rules of Practice and parties requesting the technical be taken, but will not serve to make Procedure (18 CFR 385.211). All such conference. Panhandle should be protestants parties to the proceeding. protests must be filed as provided in prepared at the technical conference to Copies of this filing are on file with the Section 154.210 of the Commission’s address such issues and provide further Commission and are available for public Regulations. Copies of this filing are on support. With respect to certain material Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices 6821 for which Panhandle has requested Commission and are available for public PECO states that copies of this filing confidential treatment, the examination inspection in the Public Reference have been supplied to IPC and to the of relevant data is governed by executed Room. Pennsylvania Public Utility protective agreements with the parties, Lois D. Cashell, Commission. as directed by the Commission in the Secretary. Comment date: February 28, 1996, in September 1, 1995, order in this [FR Doc. 96–3926 Filed 2–21–96; 8:45 am] accordance with Standard Paragraph E proceeding.1 at the end of this notice. BILLING CODE 6717±01±M The conference to address the issues 4. PECO Energy Company has been scheduled for Tuesday, March 5, 1996 at 10:00 a.m. in a room to be [Docket No. ER96±864±000, et al.] [Docket No. ER96–1007–000] designated at the offices of the Federal Take notice that on February 5, 1996, Energy Regulatory Commission, 888 Kentucky Utilities Company, et al.; PECO Energy Company (PECO), filed a First Street, N.E., Washington, D.C. Electric Rate and Corporate Regulation Service Agreement dated January 24, 20426. Filings 1996, with Wisconsin Public Service Corporation (WPSC) under PECO’s Lois D. Cashell, February 14, 1996. FERC Electric Tariff Original (Volume Secretary. Take notice that the following filings No. 1 (Tariff). The Service Agreement [FR Doc. 96–3927 Filed 2–21–96; 8:45 am] have been made with the Commission: adds WPSC as a customer under the BILLING CODE 6717±01±M 1. Kentucky Utilities Company Tariff. PECO requests an effective date of [Docket No. ER96–864–000] [Docket No. RP95±296±002] January 24, 1996, for the Service Take notice that on January 16, 1996, Agreement. Williams Natural Gas Company; Notice Kentucky Utilities Company (KU) PECO states that copies of this filing of Proposed Changes in FERC Gas tendered for filing information on have been supplied to WPSC and to the Tariff transactions that occurred during Pennsylvania Public Utility December 16, 1995 through December Commission. February 15, 1996. 31, 1995, pursuant to the Power Comment date: February 28, 1996, in Take notice that on February 12, 1996, Services Tariff accepted by the accordance with Standard Paragraph E Williams Natural Gas Company (WNG), Commission in Docket No. ER96–854– at the end of this notice. tendered for filing to become part of its 000. FERC Gas Tariff, Second Revised Comment date: February 28, 1996, in 5. PECO Energy Company Volume No. 1, the following tariff accordance with Standard Paragraph E [Docket No. ER96–1008–000] sheets, with the proposed effective date at the end of this notice. Take notice that on February 5, 1996, of March 14, 1996: 2. Black Hills Corporation PECO Energy Company (PECO) filed a Second Revised Sheet No. 251 Service Agreement dated January 24, Third Revised Sheet No. 252 [Docket No. ER96–922–000] 1996 with Bangor Hydro-Electric Substitute First Revised Sheet No. 253 Take notice that on January 22, 1996, Company (BANGOR HYDRO- First Revised Sheet No. 254 Black Hills Corporation which operates ELECTRIC) under PECO’s FERC Electric WNG states that this filing is being its electric utility business under the Tariff Original Volume No. 1 (Tariff). made in compliance with Commission name of Black Hills Power and Light The Service Agreement adds BANGOR order issued December 22, 1995 in Company tendered for filing an HYDRO-ELECTRIC as a customer under Docket No. RP95–296–001. WNG was executed form service agreement with the Tariff. directed to revise its tariff to provide for KN Marketing, Inc. PECO requests an effective date of the posting of the availability of PDM Copies of the filing were provided to January 24, 1996, for the Service (pricing differential mechanism) gas on the regulatory commission of each of the Agreement. its EBB. states of Montana, South Dakota, and PECO states that copies of this filing WNG states that a copy of its filing Wyoming. have been supplied to BANGOR was served on all participants listed on Black Hills has requested that further HYDRO-ELECTRIC and to the the service lists maintained by the notice requirement be waived and the Pennsylvania Public Utility Commission in the dockets referenced tariff and executed service agreement be Commission. above and on all jurisdictional allowed to become effective February 1, Comment date: February 28, 1996, in customers and interested state 1996. accordance with Standard Paragraph E commissions. Comment date: February 28, 1996, in at the end of this notice. accordance with Standard Paragraph E Any person desiring to protest this 6. Public Service Electric and Gas at the end of this notice. filing should file a protest with the Company Federal Energy Regulatory Commission, 3. PECO Energy Company 888 First Street, NE., Washington, DC [Docket No. ER96–1009–000] 20426, in accordance with Section [Docket No. ER96–1006–000] Take notice that on February 5, 1996, 385.211 of the Commission’s Rules and Take notice that on February 5, 1996, Public Service Electric and Gas Regulations. All such protests must be PECO Energy Company (PECO), filed a Company (PSE&G) of Newark, New filed as provided in Section 154.210 of Service Agreement dated January 24, Jersey, tendered for filing an agreement the Commission’s Regulations. Protests 1996, with Illinois Power Company for the sale of capacity and energy to will be considered by the Commission (IPC) under PECO’s FERC Electric Tariff Carolina Power and Light Company in determining the appropriate action to Original Volume No. 1 (Tariff). The (CP&L). Pursuant to the agreement, be taken, but will not serve to make Service Agreement adds IPC as a PSE&G will sell peaking capacity and protestants parties to the proceedings. customer under the Tariff. associated energy for a period Copies of this filing are on file with the PECO requests an effective date of commencing on February 6 through January 24, 1996, for the Service February 29, 1996, the energy being 1 72 FERC ¶61,206 (1995). Agreement. scheduled daily by CP&L. 6822 Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices

Copies of the filing have been served Power & Light Co., Metropolitan Edison January 31, 1996 for the Service upon CP&L, the New Jersey Board of Co. and Pennsylvania Electric Co., Agreement. Public Utilities, the North Carolina Docket No. ER95–276–000 and allows Comment date: February 28, 1996, in Utilities Commission and the South GPU and AES to enter into separately accordance with Standard Paragraph E Carolina Public Service Commission. scheduled transactions under which the at the end of this notice. Comment date: February 28, 1996, in GPU Operating Companies will make 12. Duquesne Light Company accordance with Standard Paragraph E available for sale, surplus operating at the end of this notice. capacity and/or energy at negotiated [Docket No. ER96–1015–000] rates that are no higher than the GPU Take notice that on February 5, 1996, 7. Jersey Central Power & Light Operating Companies’ cost of service. Duquesne Light Company (DLC) filed a Company, Metropolitan Edison GPU requests a waiver of the Service Agreement dated January 16, Company, Pennsylvania Electric Commission’s notice requirements for 1996 with KCS Power Marketing, Inc. Company and GPU Generation good cause shown and an effective date under DLC’s FERC Coordination Sales Corporation of January 17, 1996 for the Service Tariff (Tariff). The Service Agreement [Docket No. ER96–1010–000] Agreement. adds KCS Power Marketing, Inc. as a Take notice that on February 5, 1996, GPU has served copies of the filing on customer under the Tariff. DLC requests Jersey Central Power & Light Company, regulatory agencies in New Jersey and an effective date of January 16, 1996 for Metropolitan Edison Company, Pennsylvania. the Service Agreement. Pennsylvania Electric Company and Comment date: February 28, 1996, in Comment date: February 28, 1996, in GPU Generation Corporation (the GPU accordance with Standard Paragraph E accordance with Standard Paragraph E Companies), tendered for filing at the end of this notice. at the end of this notice. pursuant to Rule 205 of the 9. PECO Energy Company 13. Duquesne Light Company Commission’s Rules of Practice and Procedure (18 CFR 385.205) a proposed [Docket No. ER96–1012–000] [Docket No. ER96–1016–000] rate schedule change to substitute GPU Take notice that on February 5, 1996, Take notice that on February 5, 1996, Generation Corporation for PECO Energy Company (PECO) filed a Duquesne Light Company (DLC) filed a Pennsylvania Electric Company as the Service Agreement dated January 30, Service Agreement dated January 16, GPU Company to operate the Keystone, 1996, with Orange and Rockland 1996 with Citizens Lehman Power Sales Conemaugh, Homer City and Seneca Utilities, Inc. (O&R) under PECO’s FERC under DLC’s FERC Coordination Sales electric generating stations and to Electric Tariff Original Volume No. 1 Tariff (Tariff). The Service Agreement substitute GPU Generation Corporation (Tariff). The Service Agreement adds adds Citizens Lehman Power Sales as a for Jersey Central Power & Light O&R as a customer under the Tariff. customer under the Tariff. DLC requests Company as the GPU Company to PECO requests an effective date of an effective date of January 16, 1996 for operate the Yards Creek electric January 30, 1996, for the Service the Service Agreement. generating station. Agreement. Comment date: February 28, 1996, in Copies of the filing have been PECO states that copies of this filing accordance with Standard Paragraph E furnished to the Pennsylvania Public have been supplied to O&R and to the at the end of this notice. Utility Commission, the New Jersey Pennsylvania Public Utility 14. Duquesne Light Company Board of Public Utilities and the Commission. Securities and Exchange Commission. Comment date: February 28, 1996, in [Docket No. ER96–1017–000] Comment date: February 28, 1996, in accordance with Standard Paragraph E Take notice that on February 5, 1996, accordance with Standard Paragraph E at the end of this notice. Duquesne Light Company (DLC) filed a at the end of this notice. 10. Duquesne Light Company Service Agreement dated January 9, 1996 with Koch Power Service, Inc. 8. Jersey Central Power & Light [Docket No. ER96–1013–000] under DLC’s FERC Coordination Sales Company, Metropolitan Edison Take notice that on February 5, 1996, Tariff (Tariff). The Service Agreement Company and Pennsylvania Electric Duquesne Light Company (DLC) filed a adds Koch Power Service, Inc., as a Company Service Agreement dated October 16, customer under the Tariff. DLC requests [Docket No. ER96–1011–000] 1995 with Cenergy, Inc. under DLC’s an effective date of January 9, 1996 for Take notice that on February 5, 1996, FERC Coordination Sales Tariff (Tariff). the Service Agreement. GPU Service Corporation (GPU), on The Service Agreement adds Cenergy, Comment date: February 28, 1996, in behalf of Jersey Central Power & Light Inc. as a customer under the Tariff. DLC accordance with Standard Paragraph E Company, Metropolitan Edison requests an effective date of October 16, at the end of this notice. 1995 for the Service Agreement. Company and Pennsylvania Electric 15. Pacific Gas and Electric Company Company (jointly referred to as the GPU Comment date: February 28, 1996, in Operating Companies), filed an accordance with Standard Paragraph E [Docket No. ER96–1019–000] executed Service Agreement between at the end of this notice. Take notice that on February 6, 1996, GPU and AES Power, Inc. (AES), dated 11. Duquesne Light Company Pacific Gas and Electric Company January 17, 1996. This Service (PG&E), tendered for filing, as a rate Agreement specifies that AES has [Docket No. ER96–1014–000] schedule change, revisions to agreed to the rates, terms and conditions Take notice that on February 5, 1996, Appendices A through J to the of the GPU Operating Companies’ Duquesne Light Company (DLC) filed a Agreement between Pacific Gas and Operating Capacity and/or Energy Sales Service Agreement dated January 31, Electric Company and the City and Tariff (Sales Tariff) designated as FERC 1996 with AES Power, Inc. under DLC’s County of San Francisco (Agreement). Electric Tariff, Original Volume No. 1. FERC Coordination Sales Tariff (Tariff). The Agreement was initially filed in The Sales Tariff was accepted by the The Service Agreement adds AES FERC Docket No. ER88–217–000 and Commission by letter order issued on Power, Inc. as a customer under the designated as PG&E Rate Schedule February 10, 1995 in Jersey Central Tariff. DLC requests an effective date of FERC No. 114. Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices 6823

Copies of this filing were served upon 18. PacifiCorp 22. Jersey Central Power & Light the City and the California Public Company, Metropolitan Edison [Docket No. ER96–1022–000] Utilities Commission. Company and Pennsylvania Electric Comment date: February 28, 1996, in Take notice that on February 6, 1996, Company PacifiCorp tendered for filing in accordance with Standard Paragraph E [Docket No. ER96–1026–000] at the end of this notice. accordance with 18 CFR Part 35 of the Commission’s Rules and Regulations, Take notice that on February 6, 1996, 16. Cinergy Services, Inc. unexecuted Transmission Service GPU Service Corporation (GPU), on [Docket No. ER96–1020–000] Agreements with 137 eligible customers behalf of Jersey Central Power & Light Take notice that on February 6, 1996, under PacifiCorp’s FERC Electric Tariff, Company, Metropolitan Edison Cinergy Services, Inc. (Cinergy), Original Volume No. 10. Company and Pennsylvania Electric tendered for filing on behalf of its Copies of this filing were supplied to Company (jointly referred to as the GPU operating companies, The Cincinnati the Washington Utilities and Companies), filed a Service Agreement Gas & Electric Company (CG&E) and PSI Transportation Commission and the between GPU and Coastal Electric Energy, Inc. (PSI), an Interchange Public Utility Commission of Oregon. Services Company (Coastal) dated January 5, 1996. This Service Agreement Agreement, dated December 1, 1995 A copy of this filing may be obtained between Cinergy, CG&E, PSI and specifies that Coastal has agreed to the from PacifiCorp’s Regulatory Jacksonville Electric Authority (JEA). rates, terms and conditions of the GPU Administration Department’s Bulletin Companies’ Energy Transmission The Interchange Agreement provides Board System through a personal Service Tariff accepted by the for the following service between computer by calling (503) 464–6122 Commission on September 28, 1995 in Cinergy and JEA. (9600 baud, 8 bits, no parity, 1 stop bit). Docket No. ER95–7091–000 and 1. Exhibit A—Power Sales by JEA Comment date: February 28, 1996, in 2. Exhibit B—Power Sales by Cinergy designated as FERC Electric Tariff, accordance with Standard Paragraph E Original Volume No. 3. at the end of this notice. Cinergy and JEA have requested an GPU requests a waiver of the effective date of February 1, 1996. 19. Louisville Gas and Electric Commission’s notice requirements for Copies of the filing were served on Company good causes shown and an effective date Jacksonville Electric Authority, the February 6, 1996 for the Service [Docket No. ER96–1023–000] Florida Public Service Commission, the Agreement. GPU has served copies of Kentucky Public Service Commission, Take notice that on February 6, 1996, the filing on regulatory agencies in New the Public Utilities Commission of Ohio Louisville Gas and Electric Company, Jersey and Pennsylvania and on Coastal. and the Indiana Utility Regulatory tendered for filing copies of service Commission. Comment date: February 28, 1996, in agreements between Louisville Gas and accordance with Standard Paragraph E Comment date: February 28, 1996, in Electric Company and Rainbow Energy at the end of this notice. accordance with Standard Paragraph E Marketing Corp. under Rate GSS. at the end of this notice. Comment date: February 28, 1996, in Standard Paragraph 17. Cinergy Services, Inc. accordance with Standard Paragraph E E. Any person desiring to be heard or [Docket No. ER96–1021–000] at the end of this notice. to protest said filing should file a motion to intervene or protest with the Take notice that on February 6, 1996, 20. Louisville Gas and Electric Cinergy Services, Inc. (Cinergy), Company Federal Energy Regulatory Commission, 888 First Street, N.E., Washington, D.C. tendered for filing on behalf of its [Docket No. ER96–1024–000] operating companies, The Cincinnati 20426, in accordance with Rules 211 Gas & Electric Company (CG&E) and PSI Take notice that on February 5, 1996, and 214 of the Commission’s Rules of Energy, Inc. (PSI), an Interchange Louisville Gas and Electric Company, Practice and Procedure (18 CFR 385.211 Agreement, dated January 1, 1996 tendered for filing copies of service and 18 CFR 385.214). All such motions between Cinergy, CG&E, PSI and Valero agreements between Louisville Gas and or protests should be filed on or before Power Services Company (VALERO). Electric Company and Koch Power the comment date. Protests will be The Interchange Agreement provides Services, Inc. under Rate GSS. considered by the Commission in determining the appropriate action to be for the following service between Comment date: February 28, 1996, in Cinergy and VALERO. accordance with Standard Paragraph E taken, but will not serve to make protestants parties to the proceeding. 1. Exhibit A—Power Sales by VALERO at the end of this notice. 2. Exhibit B—Power Sales by Cinergy Any person wishing to become a party 21. Louisville Gas and Electric must file a motion to intervene. Copies Cinergy and VALERO have requested Company of this filing are on file with the an effective date of February 1, 1996. [Docket No. ER96–1025–000] Commission and are available for public Copies of the filing were served on inspection. Valero Power Services Company, the Take notice that on February 6, 1996, Lois D. Cashell, Louisville Gas and Electric Company, Texas Public Utility Commission, the Secretary. tendered for filing copies of service Kentucky Public Service Commission, [FR Doc. 96–3959 Filed 2–21–96; 8:45 am] the Public Utilities Commission of Ohio agreements between Louisville Gas and and the Indiana Utility Regulatory Electric Company and Enron Power BILLING CODE 6717±01±P Commission. Marketing, Inc. under Rate GSS. Comment date: February 28, 1996, in Comment date: February 28, 1996, in accordance with Standard Paragraph E accordance with Standard Paragraph E at the end of this notice. at the end of this notice. 6824 Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices

[Project No. 11243±007] 1a. Type of Application: 5–MW Meisenheimer and Gende, Inc., 4658 Exemption. Gravois Avenue, St. Louis, MO 63116, Whitewater Engineering Corporation; b. Project No.: 11374–001. (314) 352–8630. Notice to File Additional Scientific c. Date filed: February 25, 1994. i. FERC Contact: Mary Golato, (202) Studies d. Applicant: Butler County, Iowa. 219–2804. e. Name of Project: Greene Milldam. February 5, 1996. j. Comment Date: April 15, 1996. f. Location: on the Shell Rock River, k. Description of Project: The Pursuant to the Energy Policy Act of in the Town of Greene, Butler County, proposed project would utilize the 1992, Whitewater Engineering Iowa. existing U.S. Corps of Engineers dam Corporation (Whitewater) intends to g. Filed Pursuant to: Federal Power and would consist of the following: (1) prepare a preliminary draft Act 16 U.S.C. §§ 791(a)–825(r). a proposed powerhouse containing one environmental assessment (PDEA) to h. Applicant Contact: Mr. Steve turbine-generator unit having a total file with its license application for the Brunsma, 19429 Timber Road, capacity of 6,100 kilowatts; (2) a proposed Power Creek Hydroelectric Clarksville, Iowa 50619, (319) 278–4237. proposed 12,470-volt transmission line Project (FERC No. 11243–001), to be i. FERC Contact: Mary C. Golato, (202) 800 feet long; and (3) appurtenant located on Power Creek, near the town 219–2804. facilities. The average annual generation of Cordova, Alaska. j. Deadline Date: April 1, 1996. Under Section 4.32(b)(7) of the is estimated to be 21,200 k. Status of Environmental Analysis: megawatthours. The cost of the studies Commission’s Regulations, if any This application is ready for agency, Indian Tribe, special interest under the term of the permit will not environmental analysis at this time—see exceed $150,000. group, or individual thinks that the attached paragraph D10. applicant should conduct an additional 1. This notice also consists of the l. Description of Project: The existing following standard paragraphs: A5, A7, scientific study to form an adequate inoperative project would consist of: (1) factual basis for a complete analysis of A9, A10, B, C, D2 and H. a 290-foot-long, 11-foot-high concrete 3a. Type of Application: Preliminary the project’s merits, they must request dam; (2) an existing reservoir having an Permit. that study within 60 days of the filing 85-acre surface area and a 385-acre-foot b. Project No.: 11568–000. of the license application. storage capacity at normal water surface c. Date Filed: January 2, 1996. For the Power Creek Project, however, elevation 946 feet mean sea level; (3) an d. Applicant: MARIA Hydro Whitewater requested waiver of section existing powerhouse containing one Corporation. 4.32(b)(7) of the regulations to 150-kilowatt (Kw) generating unit and e. Name of Project: Marble Rock Mill accommodate their preparation of the one 250-Kw generating unit for a total Dam. PDEA, so the additional studies request installed capacity of 400 Kw operated at f. Location: On the Shell Rock River opportunity will be afforded now. The a 10.6-foot head; (4) a short 13.8-kilovolt in Floyd County, Iowa. waiver has been granted. Therefore, all transmission line; and (5) appurtenant g. Filed Pursuant to: Federal Power requests for studies must be filed within facilities. The dam is owned by Butler Act 17 U.S.C. §§ 791(a)–825(r). 60 days of the issuance date of this County, Iowa. The applicant estimates h. Contact Person: Thomas J. notice. that the average annual generation Wilkinson, Jr., 300 American Building, The study requests, which must would be 1,280 megawatthours. 101 Second Street SE, Cedar Rapids, IA conform to section 4.32(b)(7) of the m. Purpose of the Project: All project 52401, (319) 366–4990. regulations, should clearly identify the energy generated would be utilized by i. FERC Contact: Ms. Julie Bernt, (202) following on the first page: the applicant for sale. 219–2814. Power Creek Hydroelectric Project (FERC n. This notice also consists of the j. Comment Date: April 15, 1996. No. 11243–001). following standard paragraphs: A4, D10 k. Description of Project: The The requests should then be served on and H. proposed project would consist of: (1) the following two parties: o. Available Locations of Application: an existing 15-foot-high concrete dam A copy of the application is available for owned by the City of Marble Rock, Iowa; Thom Fischer, President, Whitewater inspection and reproduction at the (2) an impoundment with a surface area Engineering Corporation, 1050 Commission’s Public Reference and of 55 acres at 545 feet m.s.l., with 250 Larrabee Ave., Suite 104–107, Files Maintenance Branch, located at acre-feet of storage; (3) a proposed Bellingham, WA 98225 888 First Street, N.E., Room 2–A, powerhouse containing one generating Lois D. Cashell, Secretary, Federal Washington, D.C. 20426, or by calling unit with a rated capacity of 660 Kw; Energy Regulatory Commission, 888 (202) 219–1371. A copy is also available and, (4) a proposed 50-foot-long First Street, N.E., Washington, DC for inspection and reproduction at Mr. transmission line. The applicant 20426 Steve Brunsma, 19429 Timber Road, estimates the average annual energy Lois D. Cashell, Clarksville, IA 50619, (319) 278–4237. production to be 2,890 Mwh and the Secretary. 2a. Type of Application: Preliminary cost of the work to be performed under [FR Doc. 96–3958 Filed 2–21–96; 8:45 am] Permit. the preliminary permit to be $27,000. BILLING CODE 6717±01±M b. Project No.: 11567–000. l. Purpose of Project: The power c. Date filed: December 15, 1995. produced would be sold to a local d. Applicant: Shelby Electric utility company. [Project Nos. 11374±001, et al.] Cooperative, Inc. m. This notice also consists of the Hydroelectric Applications [Butler e. Name of Project: Lake Shelbyville following standard paragraphs: A5, A7, County, Iowa, et al.]; Notice of Project. A9, A10, B, C, D2 and H. Applications f. Location: On the Kaskaskia River, in 4a. Type of Application: Preliminary Shelbyville, in Shelby County, Illinois. Permit. Take notice that the following g. Filed Pursuant to: Federal Power b. Project No.: 11569–000. hydroelectric applications have been Act 16 U.S.C. §§ 791(a)–825(r). c. Date Filed: January 2, 1996. filed with the Commission and are h. Applicant Contact: Mr. Lincoln d. Applicant: HUMIA Hydro available for public inspection: Duncan, Engineer, Barnes, Henry, Corporation. Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices 6825

e. Name of Project: Humboldt Mill cost of the work to be performed under Street Station; (2) the Hennepin Island Dam. the preliminary permit to be $27,000. Intake Canal; (3) the Hennepin Island f. Location: On the West Fork, Des l. Purpose of Project: The power powerhouse containing four 2,475–Kw Moines River in Humboldt County, produced would be sold to a local generating units and a 2,500–Kw Iowa. utility company. generating unit; and (4) appurtenant g. Filed Pursuant to: Federal Power m. This notice also consists of the facilities. The project has a total Act 17 U.S.C. §§ 791(a)–825(r). following standard paragraphs: A5, A7, installed capacity of 12,400–Kw. h. Contact Person: Thomas J. A9, A10, B, C, D2 and H. k. Pursuant to 18 CFR 16.7, Wilkinson, Jr., 300 American Building, 6a. Type of Application: Amendment information on the project is available 101 Second Street SE, Cedar Rapids, IA of License. at: Northern States Power Company, 52401, (319) 366–4990. b. Project No.: 2210–010. Renaissance Square Building, i. FERC Contact: Ms. Julie Bernt, (202) c. Dated filed: December 27, 1995. Environmental and Regulatory Affairs 219–2814. d. Applicant: Appalachian Power Department, 8th Floor, 512 Nicollet j. Comment Date: April 15, 1996. Company. Mall, Minneapolis, MN 55401, Contact: k. Description of Project: The e. Name of Project: Smith Mountain. Jack J. Schutz (612) 330–5621. proposed project would consist of: (1) f. Location: The project is located on l. FERC contact: Charles T. Raabe an existing 12-foot-high concrete dam the Roanoke River in Bedford, (202) 219–2811. owned by the Humboldt County Campbell, Franklin, Pittsylvania and m. Pursuant to 18 CFR 16.9(b)(1) each Conservation Board; (2) an Roanoke Counties in Virginia. application for a new license and any impoundment with a surface area of 80 g. Filed pursuant to: Federal Power competing license applications must be acres at 1070 feet m.s.l. with 400 acre- Act, 16 U.S.C. § 791(a)–825(r). filed with the Commission at least 24 feet of storage; (3) a proposed h. Applicant Contact: Frank M. months prior to the expiration of the powerhouse containing one generating Simms, Power Generation, American existing license. All applications for unit with a rated capacity of 820 Kw; Electric Power, 1 Riverside Plaza, license for this project must be filed by and, (4) a proposed 50-foot-long Columbus, OH 43215, Phone: (614) 223– December 31, 1998. transmission line. The applicant 1000. 8a. Type of filing: Notice of Intent to estimates the average annual energy i. FERC Contact: Buu T. Nguyen, (202) File Application for New License. production to be 3,590 Mwh and the 219–2913. b. Project No.: 2901. cost of the work to be performed under j. Comment Date: March 23, 1996. c. Date filed: December 5, 1995. d. Submitted By: Nekoosa Packaging the preliminary permit to be $27,000. k. Description of Amendment: On Corporation, current licensee. l. Purpose of Project: The power behalf of Appalachian Power Company, licensee, American Electric Power filed e. Name of Project: Holcomb Rock. produced would be sold to a local f. Location: On the James River, in an application requesting its license be utility company. Amherst and Bedford Counties, amended to reflect a change in installed m. This notice also consists of the Virginia. following standard paragraphs: A5, A7, capacity from the authorized capacity of g. Filed Pursuant to: Section 15 of the A9, A10, B, C, D2 and H. 583.75 MW to 636 MW and the Federal Power Act, 18 CFR 16.6 of the 5a. Type of Application: Preliminary replacement of the turbine runners for Commission’s regulations. Permit. unit Nos. 2 and 4 at the Smith Mountain h. Effective date of original license: b. Project No.: 11570–000. Development. The hydraulic capacity April 1, 1962. c. Date Filed: January 2, 1996. for the Smith Mountain Development i. Expiration date of original license: d. Applicant: RUTIA Hydro increases from 43,400 cfs to 46,000 cfs. January 31, 2001. Corporation. l. This notice also consists of the j. The project consists of: (1) a stone e. Name of Project: Rutland Mill Dam. following standard paragraphs; B, C1, masonry and wood crib diversion dam f. Location: On the West Fork, Des and D2. about 21 feet high and 644 feet long; (2) Moines River in Humboldt County, 7a. Type of filing: Notice of Intent to a reservoir with a surface area of 127 Iowa. File Application for New License. acres at normal pool elevation 571.7 feet g. Filed Pursuant to: Federal Power b. Project No.: 2056. m.s.l.; (3) a canal 2,700 feet in length; (4) Act 17 U.S.C. §§ 791(a)–825(r). c. Date filed: December 26, 1995. a powerhouse containing three h. Contact Person: Thomas J. d. Submitted By: Northern States generating units, each rated at 625–Kw; Wilkinson, Jr., 300 American Building, Power Company, current licensee. (5) a 2.4/13.8–Kv, 3,750–KVA 101 Second Street SE, Cedar Rapids, IA e. Name of Project: St. Anthony Falls. transformer; (6) a 6.5-mile-long, 13.8–Kv 52401, (319) 366–4990. f. Location: On the Mississippi River, transmission line; and (7) appurtenant i. FERC Contact: Ms. Julie Bernt, (202) in the City of Minneapolis, Hennepin facilities. The project has a total 219–2814. County, Minnesota. installed capacity of 1,875–Kw. j. Comment Date: April 15, 1996. g. Filed Pursuant to: Section 15 of the k. Pursuant to 18 CFR 16.7, k. Description of Project: The Federal Power Act, 18 CFR 16.6 of the information on the project is available proposed project would consist of: (1) Commission’s regulations. at: Georgia-Pacific Corporation, Big an existing 13-foot-high concrete dam h. Effective date of original license: Island Mill, P.O. Box 40, Route 501, Big owned by the Humboldt County January 1, 1951. Island, VA 24526. Conservation Board; (2) an i. Expiration date of original license: l. FERC contact: Charles T. Raabe impoundment with a surface area of 80 December 31, 2000. (202) 219–2811. acres at 1090 feet m.s.l. with 350-acre j. The project consists of: (1) a dam m. Pursuant to 18 CFR 16.9(b)(1) each feet of storage; (3) a proposed consisting of the Horseshoe Dam gravity application for a new license and any powerhouse containing one generating section and spillway, the Main competing license applications must be unit with a rated capacity of 700 Kw; Spillway, the Roll Dams, the Hennepin filed with the Commission at least 24 and, (4) a proposed 200-foot-long Island Earthen Dam, two abandoned months prior to the expiration of the transmission line. The applicant wasteways, a concrete non-overflow existing license. All applications for estimates the average annual energy section, and the integrally constructed license for this project must be filed by production to be 3,549 Mwh and the powerhouse of the abandoned Main January 31, 1999. 6826 Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices

9a. Type of Application: Preliminary generating units each rated at 256-kW; already been given, established the due Permit. and (4) appurtenant facilities. The date for filing competing applications or b. Project No.: 11319–001. project has a total installed capacity of notices of intent. Under the c. Date filed: January 2, 1996. 512-kW. Commission’s regulations, any d. Applicant: Haines Light & Power k. Pursuant to 18 CFR 16.7, competing development application Company, Inc. information on the project is available must be filed in response to and in e. Name of Project: Upper Chilkoot at: Georgia-Pacific Corporation, Big compliance with public notice of the Hydroelectric Project. Island Mill, P.O. Box 40, Route 501, Big initial development application. No f. Location: Partially on lands Island, VA 24526. competing applications or notices of administered by the Bureau of Land l. FERC contact: Charles T. Raabe intent may be filed in response to this Management, on an unnamed reservoir (202) 219–2811. notice. in the Chilkoot Lake drainage system, m. Pursuant to 18 CFR 16.9(b)(1) each A5. Preliminary Permit—Anyone near the town of Haines in Alaska. application for a new license and any desiring to file a competing application Sections 23, 24, 25, 26, 27, 34, and 35 competing license applications must be for preliminary permit for a proposed in T28S, R57E; sections 4, 9, 10, 14, 15, filed with the Commission at least 24 project must submit the competing 22, 23, 25, 26, and 36 in T29S, R58E. months prior to the expiration of the application itself, or a notice of intent to g. Filed Pursuant to: Federal Power existing license. All applications for file such an application, to the Act, 16 U.S.C. § 791(a)–825(r). license for this project must be filed by Commission on or before the specified h. Applicant Contact: Corry V. December 31, 1998. comment date for the particular Hildenbrand, President, Haines Light & 11a. Type of filing: Notice of Intent to application (see 18 CFR 4.36). Power Company, Inc., 889 South File Application for New License. Submission of a timely notice of intent Franklin, Juneau, Alaska 99801, (907) b. Project No.: 3090. allows an interested person to file the 463–6315. c. Date filed: January 18, 1996. competing preliminary permit i. FERC Contact: Mr. Michael d. Submitted By: Village of application no later than 30 days after Strzelecki, (202) 219–2827. Lyndonville Electric Department, the specified comment date for the j. Comment Date: April 18, 1996. current licensee. particular application. A competing k. Description of Project: The e. Name of Project: Vail. preliminary permit application must proposed project would consist of: (1) a f. Location: On the Passumpsic River, conform with 18 CFR 4.30(b) and 4.36. 48-foot-high dam at the mouth of Upper in Caledonia County, VT. A7. Preliminary Permit—Any Chilkoot Lake (proposed to be renamed g. Filed Pursuant to: Section 15 of the qualified development applicant Connolly Lake) which would increase Federal Power Act, 18 CFR 16.6 of the desiring to file a competing its surface area from 90 acres to 160 Commission’s regulations. development application must submit to acres; (2) a 6,188-foot-long, 30-inch h. Effective date of original license: the Commission, on or before a diameter steel penstock; (3) a April 1, 1962. specified comment date for the powerhouse containing one generating i. Expiration date of original license: particular application, either a unit with an installed capacity of 6,200 January 31, 2001. competing development application or a Kw; (4) a 14-mile-long underground j. The project consists of: (1) a 15-foot- notice of intent to file such an transmission line interconnecting with high, 96-foot-long concrete gravity-type application. Submission of a timely an existing Haines Light & Power dam having spillway crest elevation notice of intent to file a development Company, Inc. transmission line; and (5) 686.91 feet m.s.l. surmounted by 18- application allows an interested person appurtenant facilities. inch-high flashboards; (2) a reservoir to file the competing application no No new access roads will be needed having a 25 acre-foot storage capacity at later than 120 days after the specified to conduct the studies. normal water surface elevation 688.33 comment date for the particular l. This notice also consists of the feet m.s.l.; (3) a trashrack and headgate; application. A competing license following standard paragraphs: A5, A7, (4) an integral concrete powerhouse application must conform with 18 CFR A9, A10, B, C, and D2. containing a 350-kW generating unit; (5) 4.30(b) and 4.36. 10a. Type of filing: Notice of Intent to a 2.4-kV, 0.8-mile-long transmission A9. Notice of intent—A notice of File Application for New License. line; and (6) appurtenant facilities. intent must specify the exact name, b. Project No.: 2902. k. Pursuant to 18 CFR 16.7, business address, and telephone number c. Date filed: December 5, 1995. information on the project is available of the prospective applicant, and must d. Submitted By: Nekoosa Packaging at: Village of Lyndonville, Electric include an unequivocal statement of Corporation, current licensee. Department, 20 Park Avenue, intent to submit, if such an application e. Name of Project: Big Island. Lyndonville, VT 05851. may be filed, either a preliminary f. Location: On the James River, in l. FERC contact: Charles T. Raabe permit application or a development Amherst and Bedford Counties, (202) 219–2811. application (specify which type of Virginia. m. Pursuant to 18 CFR 16.19 and application). A notice of intent must be g. Filed Pursuant to: Section 15 of the 16.20, each application for a new or served on the applicant(s) named in this Federal Power Act, 18 CFR 16.6 of the subsequent license and any competing public notice. Commission’s regulations. license applications must be filed with A10. Proposed Scope of Studies under h. Effective date of original license: the Commission at least 24 months prior Permit—A preliminary permit, if issued, April 1, 1962. to the expiration of the existing license. does not authorize construction. The i. Expiration date of original license: All applications for license for this term of the proposed preliminary permit December 31, 2000. project must be filed by January 31, would be 36 months. The work j. The project consists of: (1) a stone 1999. proposed under the preliminary permit masonry and wood crib dam about 15 would include economic analysis, feet high and 600 feet long; (2) a Standard Paragraphs preparation of preliminary engineering reservoir with a surface area of 100 acres A4. Development Application— plans, and a study of environmental at normal pool elevation 604.7 feet Public notice of the filing of the initial impacts. Based on the results of these m.s.l.; (3) a powerhouse containing two development application, which has studies, the Applicant would decide Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices 6827 whether to proceed with the preparation application. A copy of the application service list prepared by the Commission of a development application to may be obtained by agencies directly in this proceeding, in accordance with construct and operate the project. from the Applicant. If an agency does 18 CFR 4.34(b), and 385.2010. B. Comments, Protests, or Motions to not file comments within the time H. In responding, commenters may Intervene—Anyone may submit specified for filing comments, it will be submit a copy of their comments on a comments, a protest, or a motion to presumed to have no comments. One 3 1/2-inch diskette formatted for MS– intervene in accordance with the copy of an agency’s comments must also DOS based computers. In light of our requirements of Rules of Practice and be sent to the Applicant’s ability to translate MS–DOS based Procedure, 18 CFR 385.210, .211, .214. representatives. materials, the text need only be In determining the appropriate action to D10. Filing and Service of Responsive submitted in the format and version that take, the Commission will consider all Documents—The application is ready it was generated (i.e., MS Word, protests or other comments filed, but for environmental analysis at this time, WordPerfect 5.1/5.2, ASCII, etc.). It is only those who file a motion to and the Commission is requesting not necessary to reformat word intervene in accordance with the comments, reply comments, processor generated text to ASCII. For Commission’s Rules may become a recommendations, terms and Macintosh users, it would be helpful to party to the proceeding. Any comments, conditions, and prescriptions. save the documents in Macintosh word protests, or motions to intervene must The Commission directs, pursuant to processor format and then write them to be received on or before the specified section 4.34(b) of the regulations (see files on a diskette formatted for MS– comment date for the particular Order No. 533 issued May 8, 1991, 56 DOS machines. application. FR 23108, May 20, 1991) that all C. Filing and Service of Responsive comments, recommendations, terms and Dated: February 15, 1996, Washington, Documents—Any filings must bear in conditions and prescriptions concerning D.C. all capital letters the title the application be filed with the Lois D. Cashell, ‘‘COMMENTS’’, ‘‘NOTICE OF INTENT Commission within 60 days from the Secretary. TO FILE COMPETING APPLICATION’’, issuance date of this notice (April 2, [FR Doc. 96–3957 Filed 2–21–96; 8:45 am] ‘‘COMPETING APPLICATION’’, 1996 for Project No. 11374–001). All BILLING CODE 6717±01±P ‘‘PROTEST’’, ‘‘MOTION TO reply comments must be filed with the INTERVENE’’, as applicable, and the Commission within 105 days from the Project Number of the particular date of this notice (May 17, 1996 for [CP96±171±000, et al.] application to which the filing refers. Project No. 11374–001). Any of the above-named documents Anyone may obtain an extension of ANR Pipeline Corporation, et al.; must be filed by providing the original time for these deadlines from the Natural Gas Certificate Filings and the number of copies provided by Commission only upon a showing of February 14, 1996. the Commission’s regulations to: The good cause or extraordinary Secretary, Federal Energy Regulatory circumstances in accordance with 18 Take notice that the following filings Commission, 888 First Street, N.E., CFR 385.2008. have been made with the Commission: Washington, D.C. 20426. An additional All filings must (1) bear in all capital 1. ANR Pipeline Corporation copy must be sent to Director, Division letters the title ‘‘COMMENTS’’, ‘‘REPLY [Docket No. CP96–171–000] of Project Review, Federal Energy COMMENTS’’, Regulatory Commission, at the above- ‘‘RECOMMENDATIONS’’, ‘‘TERMS Take notice that on February 6, 1996, mentioned address. A copy of any AND CONDITIONS’’, or ANR Pipeline Corporation (ANR), 500 notice of intent, competing application ‘‘PRESCRIPTIONS;’’ (2) set forth in the Renaissance Center, Detroit, Michigan or motion to intervene must also be heading the name of the applicant and 48243, filed in Docket No. CP96–171– served upon each representative of the the project number of the application to 000 an application pursuant to Section Applicant specified in the particular which the filing responds; (3) furnish 7(b) of the Natural Gas Act, as amended, application. the name, address, and telephone and Sections 157.7 and 157.18 of the C1. Filing and Service of Responsive number of the person submitting the Commission’s Regulations thereunder, Documents—Any filings must bear in filing; and (4) otherwise comply with for permission and approval to abandon all capital letters the title the requirements of 18 CFR 385.2001 certain natural gas transportation ‘‘COMMENTS’’, through 385.2005. All comments, services for Texas Gas Transmission ‘‘RECOMMENDATIONS FOR TERMS recommendations, terms and conditions Corporation (Texas Gas), all as more AND CONDITIONS’’, ‘‘PROTEST’’, OR or prescriptions must set forth their fully set forth in the application which ‘‘MOTION TO INTERVENE’’, as evidentiary basis and otherwise comply is on file with the Commission and open applicable, and the Project Number of with the requirements of 18 CFR 4.34(b). to public inspection. the particular application to which the Agencies may obtain copies of the ANR states that by orders issued in filing refers. Any of the above-named application directly from the applicant. Docket Nos. CP69–249, CP73–65 and documents must be filed by providing Any of these documents must be filed CP86–157, it was authorized, pursuant the original and the number of copies by providing the original and the to transportation agreements designated provided by the Commission’s number of copies required by the as Rate Schedules X–11, X–33 and X– regulations to: The Secretary, Federal Commission’s regulations to: The 156 respectively, to transport natural gas Energy Regulatory Commission, 888 Secretary, Federal Energy Regulatory for Texas Gas from various offshore First Street, N.E., Washington, D.C. Commission, 888 First Street, N.E., Louisiana receipt points and redeliver 20426. A copy of any motion to Washington, D.C. 20426. An additional the gas at a delivery point near Calumet, intervene must also be served upon each copy must be sent to Director, Division St. Mary’s Parish, Louisiana. representative of the Applicant of Project Review, Office of Hydropower ANR states that by letter dated August specified in the particular application. Licensing, Federal Energy Regulatory 8, 1995, Texas Gas requested that the D2. Agency Comments—Federal, Commission, at the above address. Each termination of the three firm gas state, and local agencies are invited to filing must be accompanied by proof of transportation services be made file comments on the described service on all persons listed on the effective February 29, 1996. 6828 Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices

ANR further states that no facilities Houston, Texas 77056–5310, filed in 64.1 miles of new natural gas pipeline are proposed to be abandoned. Docket No. CP96–174–000 a request and ancillary facilities extending from Comment date: March 6, 1996, in pursuant to Sections 157.205 and Massachusetts to Maine. Maritimes & accordance with Standard Paragraph F 157.211 of the Commission’s Northeast also seeks a Part 284, Subpart at the end of this notice. Regulations under the Natural Gas Act G blanket certificate for the 2. ANR Pipeline Company (18 CFR 157.205 and 157.211) for transportation of natural gas for others; authorization to construct and install a a Part 157, Subpart F blanket certificate [Docket No. CP96–172–000] delivery point on its existing 30-inch for certain construction and operation of Take notice that on February 8, 1996, Line Nos. 10 and 15 in Rutherford facilities and other minor activities ANR Pipeline Company (ANR), 500 County, Tennessee, in order to make under Section 7 of the NGA; and, Renaissance Center, Detroit, Michigan interruptible deliveries to the Town of approval of its initial rates and pro 48243 filed an application pursuant to Smyrna (Smyrna), a public utility in the forma tariff provisions. Maritimes & Section 7(b) of the Natural Gas Act and state of Tennessee, for its system Northeast’s proposal is more fully set Part 157 of the Commission’s supply. Texas Eastern will install the forth in the application which is on file Regulations requesting permission and proposed facilities for an estimated cost with the Commission and open to approval to abandon three certificated of $63,000 under its blanket certificate public inspection. transportation services on behalf of issued in Docket No. CP82–535–000, Maritimes & Northeast is a limited Texas Gas Transmission Corporation pursuant to Section 7(c) of the Natural liability company organized and (Texas Gas), ANR’s Rate Schedules X– Gas Act, all as more fully set forth in the existing under the laws of the State of 11, X–33 and X–156, Original Volume request which is on file with the Delaware. Maritimes & Northeast’s No. 2 of ANR’s FERC Gas Tariff. The Commission and open to public members are M & N Management application is on file with the inspection. Company, a wholly-owned subsidiary of Commission and open to public To provide the proposed service to Panhandle Eastern Corporation; inspection. Smyrna, Texas Eastern will construct, Westcoast Energy (U.S.) Inc., a wholly- ANR proposes to abandon the above install, own, operate, and maintain a 2- owned subsidiary of Westcoast Energy services authorized in Docket Nos. inch tap valve and a 2-inch check valve, Inc.; Mobil Midstream Natural Gas CP69–249, CP73–65 and CP86–157– on each of its Line No. 10, at Mile Post Investments Inc., a wholly-owned 000.1 ANR states that it was authorized 271.26 and on its Line No. 15 at Mile subsidiary of Mobil Oil Corporation and to transport natural gas for Texas Gas Post 271.369. Smyrna will reimburse SableEast Corporation, a wholly-owned from various offshore Louisiana receipt Texas Eastern for 100% of the costs and subsidiary of Eastern Enterprises, which points and to redeliver the gas near expenses associated with the is the parent of Boston Gas Company. Calumet, St. Mary’s Parish, Louisiana. installation of the proposed delivery The proposed facilities are the ANR states that the firm taps. Additionally, Texas Eastern states ‘‘prebuild-Phase I’’ of the southern transportation service for Rate that Smyrna will install, or cause to be portion of the Maritimes & Northeast Schedules X–33 and X–156 is to installed, dual 2-inch turbine meters, Pipeline Project—a natural gas continue through the date of approximately 45 feet of 2-inch transportation facility for the Sable termination of service under ANR’s Rate pipeline, and the electronic gas Offshore Energy Project (Sable Project). Schedule No. X–11. Article I of Rate measurement equipment (EGM). Texas The Sable Project is sponsored by a Schedule X–11 provides for an initial Eastern claims that while Smyrna will consortium of United States and service term of twenty years from first own, operate, and maintain the dual Canadian energy companies and is delivery and from year to year thereafter turbine meters and connecting pipe, currently in the pre-development stages. unless canceled by either party with at Texas Eastern states that it will own and The Sable Project is scheduled to make least six (6) months written notice, operate the EGM. Texas Eastern offshore natural gas supplies available which may be made effective at the end proposes to deliver up to 5 MMcf/d to Eastern Canada and the Northeastern of the initial twenty years or any year under its Interruptible Transportation United States in 1999. Under Maritime thereafter. By a letter dated August 8, Service Rate Schedule. Texas Eastern & Northeast’s Phase I proposal, it is 1995, Texas Gas has exercised its right asserts that the proposed service will be claimed that timely and cost to terminate the agreements and has provided by utilizing existing capacity competitive open access transportation requested a termination date of February on the system, therefore, it will have no service will be made available to the 29, 1996. effect on its peak day or annual New Hampshire and southern Maine ANR states that no facilities are deliveries. Additionally, Texas Eastern markets in 1997. proposed to be abandoned. ANR also claims that the proposed service will be Maritimes & Northeast says that its states that its facilities will continue to accomplished without detriment or proposal will provide an additional be available for service on an open- disadvantage to its other customers. benefit of positioning these markets to access basis pursuant to Part 284 of the Comment date: April 1, 1996, in access the Sable Project’s supply in Commission’s regulations. accordance with Standard Paragraph G 1999. Maritimes & Northeast further Comment date: March 6, 1996, in at the end of this notice. states that the proposed Phase I facilities and services are not dependent upon the accordance with Standard Paragraph F 4. Maritimes & Northeast Pipeline, construction of facilities to connect the at the end of this notice. L.L.C. Sable Project’s supplies. Maritimes & 3. Texas Eastern Transmission [Docket No. CP96–178–0000] Northeast requests that the Commission Corporation Take notice that on February 8, 1996, issue a Preliminary Determination for [Docket No. CP96–174–000] Maritimes & Northeast Pipeline, L.L.C. the non-environmental issues and that a Take notice that on February 7, 1996, (Maritimes & Northeast), filed in Docket final certificate be issued by April 1, Texas Eastern Transmission Corporation No. CP96–178–000 an application 1997. (Texas Eastern), 5400 Westheimer Court, pursuant to Section 7(c) of the Natural The new pipeline would extend from Gas Act (NGA). Maritimes & Northeast a proposed point of interconnection 1 See, 41 FPC 828 (1969), 49 FPC 2 (1973) and 35 seeks authority necessary to construct, with the existing facilities of Tennessee FERC ¶ 62,339 (1986), respectively. install, own, operate and maintain about Gas Pipeline Company near Dracut, Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices 6829

Middlesex County, Massachusetts to a City, Utah 84158, filed in Docket No. not serve to make the protestants parties proposed point of interconnection with CP96–182–000 a request pursuant to to the proceeding. Any person wishing the existing facilities of Granite State Sections 157.205 and 157.216(b) of the to become a party to a proceeding or to Gas Transmission, Inc. near Wells, York Commission’s Regulations under the participate as a party in any hearing County, Maine. The new pipeline will Natural Gas Act (18 CFR 157.205 and therein must file a motion to intervene be 24-inches in diameter and have a 157.216(b)) for authorization to abandon in accordance with the Commission’s capacity of 60,000 MMBtu per day. The by removal its Chemical Lime Meter Rules. estimated cost of the new pipeline is Station (Chemical Lime M.S.), located in Take further notice that, pursuant to $82 million, and the facilities are Baker County, Oregon, under the the authority contained in and subject to proposed to be in-service by November blanket certificate issued in Docket No. jurisdiction conferred upon the Federal 1, 1997. CP82–433–000, pursuant to Section 7(b) Energy Regulatory Commission by Maritimes & Northeast says that it will of the Natural Gas Act, all as more fully Sections 7 and 15 of the Natural Gas Act have the ability to redeliver 60,000 set forth in the request which is on file and the Commission’s Rules of Practice MMBtu per day of domestic natural gas with the Commission and open to and Procedure, a hearing will be held from the North American pipeline grid public inspection. without further notice before the and will provide several significant and Northwest states that Chemical Lime Commission or its designee on this operational benefits to the Maritimes & M.S. was constructed to deliver gas to filing if no motion to intervene is filed Northeast shippers and Northeast Cascade Natural Gas Corporation within the time required herein, if the markets. Maritimes & Northeast has (Cascade) for service to a single end- Commission on its own review of the signed two firm transportation user, the Chemical Lime Company. matter finds that a grant of the precedent agreements with two Northwest claims that Chemical Lime certificate is required by the public affiliates, both dated January 31, 1996. M.S. consisted of a tap, meter and convenience and necessity. If a motion One is with PanEnergy Gas Services, regulating equipment located on for leave to intervene is timely filed, or Inc. for 40,000 MMBtu per day for a Northwest’s 22-inch mainline. if the Commission on its own motion term of 20 years, and the other is with Additionally, Northwest asserts that no believes that a formal hearing is Mobil Natural Gas, Inc. for 20,000 deliveries have been made to the required, further notice of such hearing MMBtu per day, also for 20 years. Chemical Lime delivery point since the will be duly given. Maritimes & Northeast says that the Chemical Lime plant ceased operations Under the procedure herein provided rates proposed to recover the cost of the in 1983. Northwest notes that it for, unless otherwise advised, it will be project are cost-based straight fixed disconnected the Chemical Lime M.S. unnecessary for the applicant to appear variable rates, levelized over the first effective July 11, 1990, because the or be represented at the hearing. seven years in order to reflect market facilities were obsolete and there did G. Any person or the Commission’s requirements. The rates are designed to not appear to be a future use for them. staff may, within 45 days after the recover the costs of the facilities Northwest states that it currently has issuance of the instant notice by the proposed herein over the life of those no contractual obligation to provide Commission, file pursuant to Rule 214 facilities. Maritimes & Northeast says service to the Chemical Lime delivery of the Commission’s Procedural Rules that market conditions in the area to be point, and by a letter dated May 1, 1995, (18 CFR 385.214) a motion to intervene served by Phase I require a levelized Cascade stated that it had no objections or notice of intervention and pursuant rate in the first seven years of operation to the abandonment by removal of the to Section 157.205 of the Regulations so that shippers may effectively Chemical Lime M.S. Northwest claims under the Natural Gas Act (18 CFR compete on a delivered cost basis in that the Chemical Lime M.S. has been 157.205) a protest to the request. If no peak period consumer markets in dismantled from the site and that the protest is filed within the time allowed Maine. Maritimes & Northeast proposes removal was completed January 12, therefore, the proposed activity shall be to record four percent annual 1995. Northwest asserts that due to an deemed to be authorized effective the depreciation for accounting purposes. administrative oversight, it did not day after the time allowed for filing a The difference between the levelized request or receive approval prior to protest. If a protest is filed and not and straight line methods would be abandoning this meter station. withdrawn within 30 days after the time recorded in a regulatory asset account. Northwest notes that the actual cost of Maritimes & Northeast also requests allowed for filing a protest, the instant removing this meter station was $9,742. request shall be treated as an approval of its pro forma tariff Comment date: April 1, 1996, in application for authorization pursuant governing the terms and conditions of accordance with Standard Paragraph G to Section 7 of the Natural Gas Act. the transportation services it proposes. at the end of this notice. Maritimes & Northeast proposes to offer Lois D. Cashell, four different types of firm Standard Paragraphs Secretary. transportation service and interruptible F. Any person desiring to be heard or [FR Doc. 96–3960 Filed 2–21–96; 8:45 am] transportation service. Maritimes & make any protest with reference to said BILLING CODE 6717±01±P Northeast says that it has conformed filing should on or before the comment this pro forma tariff to the applicable date file with the Federal Energy requirements of the Commission’s Order Regulatory Commission, 825 North ENVIRONMENTAL PROTECTION No. 636. Capitol Street, N.E., Washington, D.C. AGENCY Comment date: March 6, 1996, in 20426, a motion to intervene or a protest accordance with Standard Paragraph F in accordance with the requirements of [FRL±5428±4] at the end of this notice. the Commission’s Rules of Practice and Agency Information Collection Procedure (18 CFR 385.211 and 5. Northwest Pipeline Corporation Activities: Submission for OMB 385.214) and the Regulations under the Review; Comment Request; National [Docket No. CP96–182–000] Natural Gas Act (18 CFR 157.10). All Estuary Program Take notice that on February 9, 1996, protests filed with the Commission will Northwest Pipeline Corporation be considered by it in determining the AGENCY: Environmental Protection (Northwest), 295 Chipeta Way, Salt Lake appropriate action to be taken but will Agency (EPA). 6830 Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices

ACTION: Notice. of information was published on 10/23/ [FRL±5429±4] 95 (60 FR 54349); no comments were SUMMARY: In compliance with the received. Agency Information Collection Paperwork Reduction Act (44 U.S.C. Activities Under OMB Review; 3501 et seq.), this notice announces that Burden Statement: The annual public Standards of Performance for Iron and the following Information Collection reporting burden for this collection of Steel Plants: Basic Oxygen Furnaces Request (ICR) renewal has been information is estimated to average 132 OMB Control No. 2060±0029 EPA ICR forwarded to the Office of Management hours per respondent. Burden means No. 1069.05 and Budget (OMB) for review and the total time, effort, or financial AGENCY: approval: National Estuary Program, resources expended by persons to Environmental Protection OMB Control Number 2040–0138, generate, maintain, retain, or disclose or Agency (EPA). expiring 03/31/96. The ICR describes provide information to or for a Federal ACTION: Notice. the nature of the information collection agency. This includes the time needed SUMMARY: In compliance with the and its expected burden and cost; where to review instructions; develop, acquire, Paperwork Reduction Act (44 U.S.C. appropriate, it includes the actual data install, and utilize technology and 3507(a)(1)(D)), this notice announces collection instrument. systems for the purposes of collecting, that the Information Collection Request DATES: Comments must be submitted on validating, and verifying information, (ICR) for New Source Performance or before March 25, 1996. processing and maintaining Standards (NSPS) for Basic Oxygen FOR FURTHER INFORMATION OR A COPY information, and disclosing and Process Furnaces (Subpart N and Na) CALL: providing information; adjust the described below has been forwarded to Sandy Farmer at EPA, (202) 260–2740, existing ways to comply with any the Office of Management and Budget and refer to EPA ICR No. 1500.03. previously applicable instructions and (OMB) for review and comment. The SUPPLEMENTARY INFORMATION: Title: requirements; train personnel to be able ICR describes the nature of the National Estuary Program (OMB Control to respond to a collection of information collection and its expected No. 2040–0138; EPA ICR No. 1500.03) information; search data sources; burden and cost; where appropriate, it expiring 03/31/96. This is a request for complete and review the collection of includes the actual data collection extension of a currently approved information; and transmit or otherwise instrument. collection. disclose the information. DATES: Comments must be submitted on or before March 25, 1996. Abstract: Under the National Estuary Respondens/Affected Entities: States. Program, EPA collects information from FOR FURTHER INFORMATION OR A COPY the participating State or local agency Estimated Number of Respondents: CALL: Sandy Farmer at EPA, (202) 260– which will receive funds under section 28. 2740, and refer to EPA ICR No. 1069.05. 320 of the Clean Water Act. The Frequency of Response: Annual. SUPPLEMENTARY INFORMATION: . regulations requiring this information Estimated Total Annual Hour Burden: Title: New Source Performance are found at 40 CFR Part 35. Prospective 3,700 hours. Standards (NSPS) for Basic Oxygen recipients apply to receive grant funds Process Furnaces (Subpart N and Na) to carry out a three to five-year program Send comments on the Agency’s need (OMB Control No. 2060–0029; EPA ICR resulting in the completion of a for this information, the accuracy of the No. 1069.05). This is a request for Comprehensive Conservation and provided burden estimates, and any extension of a currently approved Management Plan for an estuary. suggested methods for minimizing collection. To continue to receive grant funds, respondent burden, including through Abstract: The standards require initial grantees must submit an annual the use of automated collection notification reports with respect to workplan to EPA. EPA provides techniques to the following addresses. construction, modification, guidance on how to prepare the Please refer to EPA ICR No. 1500.03 and reconstruction, startups, shutdowns, workplan and issues planning targets to OMB Control No. 2040–0138 in any and malfunctions (specified in 40 CFR each grantee. The workplan is the only correspondence. 60.7(a)). Notification of construction information required from the grantee and startup indicated to enforcement beyond that which is required in the Ms. Sandy, Farmer, U.S. Environmental personnel when a new affected facility standard government grant application. Protection Agency, OPPE Regulatory has been constructed and, therefore, is It provides the basis for the scope of Information Division (2136), 401 M subject to the standard. work written into the grant agreement Street, SW, Washington, DC 20460 The Standards requires daily and consists of two parts: progress on Office of Information and Regulatory recordkeeping of process information projects funded previously, and new Affairs, Office of Management and (specified in 40 CFR 60.143a) which is projects proposed with dollar amounts Budget, Attention: Desk Officer for generally readily available in plant and completion dates. Once EPA, 725 17th Street, NW, records resulting in no increase burden incorporated into the grant agreement, Washington, DC 20503 to industry. It also requires continuous the workplan is used to track monitoring of pressure loss through the performance. Dated: February 14, 1996. venturi constriction of the control An agency may not conduct or Joseph Retzer, equipment and water supply pressure to sponsor, and a person is not required to Director, Regulatory Information Division. the control equipment (specified in 40 respond to, a collection of information [FR Doc. 96–4034 Filed 2–21–96; 8:45 am] CFR 60.143b). This information unless it displays a currently valid OMB BILLING CODE 6560±50±M collected will be used to compare control number. The OMB control results with those measured during the numbers for EPA’s regulations are listed most recent performance test and, in 40 CFR Part 9 and 48 CFR Chapter therefore, will ensure continuous 15. The Federal Register Notice compliance with the standard. required under 5 CFR 1320.8(d), The semiannual reporting soliciting comments on this collection requirement (specified in 40 CFR Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices 6831

60.143(c) and 60.143a (d) and (e)) for information, processing and information collection and its expected monitoring results (i.e., pressure loss maintaining information, and disclosing burden and cost; where appropriate, it through the venturi constriction of the and providing information; adjust the includes the actual data collection scrubber and water supply pressure to existing ways to comply with any instrument. the scrubber) which average more than previously applicable instructions and DATES: Comments must be submitted on ten percent below performance test requirements; train personnel to be able or before March 25, 1996. results provides a good indication of a to respond to a collection of FOR FURTHER INFORMATION OR A COPY source’s compliance status. Industry are information; search data sources; CALL: required to maintain records at the complete and review the collection of Sandy Farmer at EPA, (202) 260–2740, facility for a minimum of two (2) years. information; and transmit or otherwise and refer to EPA ICR No. 0138.05. An owner or operator could elect to disclose the information. SUPPLEMENTARY INFORMATION: reduce operating expenses by not Respondents/Affected Entities: 24. Title: Modification of Secondary installing, maintaining, or otherwise Estimated Number of Respondents: 24. operating the control technology Treatment Requirements for Discharges Estimated Number of Responses: 31.2. into Marine Waters (OMB Control No. required by the standards. In the Frequency of Response: semiannual. absence of the information collection 2040–0088, EPA ICR No. 0138.05, Estimated Total Annual Hour Burden: expiring 02/29/96). This is a request for requirements, compliance with the 2,974.8 hours. standards could be ensured only Estimated Total Annualized Cost Burden: extension of a currently approved through continuous on-site inspections $90,582.66. collection. by regulatory agency personnel. Abstract: Under section 301(h) of the Send comments on the Agency’s need Clean Water Act (CWA), publicly owned Consequently, not collecting the for this information, the accuracy of the information would result in either treatment works (POTWs) discharging provided burden estimates, and any pollutants into certain marine waters greatly increased expenditures of suggested methods for minimizing resources, or the inability to ensure could apply for and be granted a waiver respondent burden, including through from secondary treatment requirements compliance with the standards. the use of automated collection The information collected from for conventional pollutants. The techniques to the following addresses. regulations implementing this program recordkeeping and reporting Please refer to EPA ICR No. 1069.05 and requirements is also used for targetting are found at 40 CFR Part 125, Subpart OMB Control No. 2060–0029 in any G. EPA issues this waiver with the inspections, and is of sufficient quality correspondence. to be used as evidence in court. The concurrence of the State in which the Ms. Sandy Farmer, U.S. Environmental enforcement personnel may elect to POTW is located. The POTW must Protection Agency, OPPE Regulatory conduct an inspection to ensure that the submit application, monitoring and Information Division (2136), 401 M equipment is properly installed and toxic control program information. Street, SW, Washington, DC 20460. operated, as was indicated in the States provide State determination and and certification information. performance test report. They may also Office of Information and Regulatory conduct periodic inspections to obtain An agency may not conduct or Affairs, Office of Management and sponsor, and a person is not required to additional data, as a check for source Budget, Attention: Desk Officer for operation and maintenance and for respond to, a collection of information EPA, 725 17th Street, NW, unless it displays a currently valid OMB compliance determinations. Washington, DC 20503. All reports are sent to the delegated control number. The OMB control State or local level authority. In the Dated: February 15, 1996. numbers for EPA’s regulations are listed event that there is no such delegated Joseph Retzer, in 40 CFR Part 9 and 48 CFR Chapter authority, the reports are sent directly to Director, Regulatory Information Division. 15. The Federal Register Notice the EPA Regional Office. [FR Doc. 96–4009 Filed 2–21–96; 8:45 am] required under 5 CFR 1320.8(d), An agency may not conduct or BILLING CODE 6560±50±M soliciting comments on this collection sponsor, and a person is not required to of information was published on 10/24/ respond to, a collection of information 95 (60 FR 54496); 2 comments were unless it displays a currently valid OMB [FRL±5429±2] received. control number. The OMB control Burden Statement: The annual public numbers for EPA’s regulations are listed Agency Information Collection reporting and recordkeeping burden for in 40 CFR Part 9 and 48 CFR Chapter Activities: Submission for OMB this collection of information is 15. The Federal Register Notice Review: Comment Request; Office of estimated to average 460 hours per required under 5 CFR 1320.8(d), Water 301(h) Program response. Burden means the total time, soliciting comments on this collection AGENCY: Environmental Protection effort, or financial resources expended of information was published on Agency (EPA). by persons to generate, maintain, retain, September 29, 1995. ACTION: Notice. or disclose or provide information to or Burden Statement: The annual public for a Federal agency. This includes the reporting and recordkeeping burden for SUMMARY: In compliance with the time needed to review instructions; this collection of information is Paperwork Reduction Act (44 U.S.C. develop, acquire, install, and utilize estimated to average 95.35 hours per 3501 et seq.), this notice announces that technology and systems for the purposes response. Burden means the total time, the following Information Collection of collecting, validating, and verifying effort, or financial resources expanded Request (ICR) renewal has been information, processing and by persons to generate, maintain, retain, forwarded to the Office of Management maintaining information, and disclosing or disclose or provide information to or and Budget (OMB) for review and and providing information; adjust the for a Federal agency. This includes the approval: Modification of Secondary existing ways to comply with any time needed to review instructions; Treatment Requirements for Discharges previously applicable instructions and develop, acquire, install, and utilize into Marine Waters, OMB Control requirements; train personnel to be able technology and systems for the purposes Number 2040–0088, expiring 02/29/96. to respond to a collection of of collecting, validating, and verifying The ICR describes the nature of the information; search data sources; 6832 Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices complete and review the collection of a request for a revision of a currently size and type of buildings subject to the information; and transmit or otherwise approved collection. Green Lights agreement. By agreeing to disclose the information. Abstract: Green Lights is a voluntary participate in the Green Lights Program, Respondents/Affected Entities: EPA program that encourages the participant agrees to the terms of Publicly owned treatment works corporations, state and local various information collections (POTWs), States. governments, colleges and universities, specified by EPA in the MOU. Estimated Number of Respondents: 63. and other organizations to adopt energy EPA needs to collect information in Frequency of Response: Variable. efficient lighting as a profitable means the Implementation Report to evaluate a Estimated Total Annual Hour Burden: of preventing pollution and improving participant’s progress and performance, 75,093 hours. lighting quality. The program and overall program results. The organization consists of three types of information provided in the Send comments on the Agency’s need Green Lights participants: partners, Implementation Report also allows EPA for this information, the accuracy of the allies, and endorsers. Green Light to identify the fixture types, lighting provided burden estimates, and any Partners agree to survey and upgrade controls, maintenance methods, and suggested methods for minimizing lighting fixtures and procedures, if implementation methods most respondent burden, including through profitable. Allies work with EPA to commonly utilized, and to provide the use of automated collection increase awareness of energy-efficient technical and other assistance to techniques to the following addresses. lighting and provide information on participants in completing their planned Please refer to EPA ICR No. 0138.05 and products and services. Allies (except upgrades. By agreeing to participate in OMB Control Number 2040–0088 in any Surveyor Allies) also agree to survey the Green Lights Program, the correspondence. and upgrade their lighting. Endorsers participant agrees to complete and Ms. Sandy Farmer, U.S. Environmental agree to encourage their members to submit this form upon completion of a Protection Agency, OPPE Regulatory promote the Green Lights goal of using project, or annually if the project is not Information Division (2136), 401 M lighting in the most energy-efficient, completed after a year. Street, NW, Washington, DC 20460. environmentally-protective way EPA needs to collect information from and possible. allies on energy-efficient lighting Office of Information and Regulatory Partners and allies in the Green Lights products and services to develop a Affairs, Office of Management and program must complete, sign and directory and provide program partners Budget, Attention: Desk Officer for submit to EPA a Memorandum of with this information. EPA needs to EPA, 725 17th Street, NW, Understanding (MOU) that outlines the collect case studies on successful Washington, DC 20503. responsibilities of both the Green Lights energy-efficient lighting investments to Dated: February 15, 1996. participant and EPA. The MOU commits provide examples of profitable, energy- Joseph Retzer, a Green Lights participant to survey all saving investments. EPA needs to Director, Regulatory Information Division. of its U.S. facilities and consider a full review, prior to public distribution, any set of lighting options that maximize materials that carry the Green Lights [FR Doc. 96–4010 Filed 2–21–96; 8:45 am] energy savings while being profitable logo or mention the program to ensure BILLING CODE 6560±50±M and not compromising lighting quality. that the program is being represented in The participant agrees to complete an appropriate manner. [TRL 5429±1] lighting upgrades within five years of EPA needs to collect information from signing the MOU in 90 per cent of the organizations that provide financing Agency Information Collection square footage of its facilities that meet products and services. This information Activities Under OMB Review these criteria. In an effort to ensure that will be used by EPA to develop a each new Green Lights participant gets directory describing these financing AGENCY: Environmental Protection off to a quick start, each new participant services that are available to assist Agency (EPA). (particularly those over one million program participants in accomplishing ACTION: Notice. square feet) is asked to install a their lighting upgrades. This information will be collected (via a SUMMARY: In compliance with the demonstration lighting upgrade, create a Paperwork Reduction Act (44 U.S.C. list of facilities to be surveyed/ questionnaire) and is strictly voluntary. An Agency may not conduct or sponsor, 3507 (a)(1)(D)), this notice announces upgraded, create a survey, and develop and a person is not required to respond that the Information Collection Request an estimated upgrade budget. Upon to a collection of information unless it (ICR) abstracted below has been completion of a lighting upgrade, or displays a currently valid OMB control forwarded to the Office of Management annually if the project is not completed number. The OMB control numbers for and Budget (OMB) for review and after a year, partners and allies must EPA’s regulations are listed in 40 CFR comment. The ICR describes the nature complete and submit to EPA an Part 9. The Federal Register Notice with of the information collection and its implementation report that documents a 60-day comment period soliciting expected cost and burden; where energy-efficient improvements and cost savings. comments on this collection of appropriate, it includes the actual data EPA has developed this ICR to obtain information was published on 10/05/95 collection instrument. authorization to collect information (FR Oct. 5, 1995, Vol. 60, No. 193). DATES: Comments must be submitted on from Green Lights participants. EPA Burden Statement: The annual public or before March 25, 1996. needs to collect initial information in reporting and recordkeeping burden for FOR FURTHER INFORMATION OR A COPY the MOU to formally establish this collection of information will vary. CALL: Sandy Farmer at EPA, (202) 260– participation in the Green Lights The estimated average hours per 2740, and refer to EPA ICR No. 1614.02. Program and to obtain general response varies depending upon SUPPLEMENTARY INFORMATION: information on new Green Lights whether the respondent is a Partner, Title: Reporting and Record Keeping participants. EPA uses information Ally, Endorser, or financing company, Requirements under EPA’s Green Lights obtained in the MOU to identify a Green and the length of time the respondent Program, OMB# 2060–0255, ICR# Lights Implementation Manager and has participated in the Green Lights 1614.02, expires March 31, 1996. This is Media Liaison and to obtain data on the program. Although, new partners and Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices 6833 allies will incur a one-time burden Information Division (2136), 401 M to be used as evidence in court. The averaging 8.95 hours for reviewing and Street SW., Washington, DC 20460. information collected is required under completing the MOU. New endorsers and 40 C.F.R. Part 60 Subpart J and records will incur a one-time burden averaging Office of Information and Regulatory of the information are required to be 0.2 hours for reviewing and completing Affairs, Office of Management and maintained for at least two years. An the endorser agreement. These estimates Budget, Attention: Desk Officer for agency may not conduct or sponsor, and includes the time needed to review EPA, 725 17th Street NW., a person is not required to respond to, instructions; develop, acquire, install, Washington, DC 20503. a collection of information unless it and utilize technology and systems for Dated: February 15, 1996. displays a currently valid OMB control the purposes of collecting, validating, Joseph Retzer, number. The OMB control numbers for and verifying information, processing EPA’s regulations are listed in 40 CFR Director, Regulatory Information Division. and maintaining information, and Part 9 and 48 CFR Chapter 15. The disclosing and providing information; [FR Doc. 96–4011 Filed 2–21–96; 8:45 am] Federal Register Notice required under adjust the existing ways to comply with BILLING CODE 6560±50±M 5 CFR 1320.8(d), soliciting comments on any previously applicable instructions this collection of information was and requirements; train personnel to be [FRL±5429±3] published on 9/29/95 (FR 60, No. 189 p able to respond to a collection of 50572–73). information; search data sources; Agency Information Collection Burden Statement: The annual public complete and review the collection of Activities Under OMB Review; reporting and recordkeeping burden for information; and transmit or otherwise Standards of Performance for this collection of information is disclose the information. Respondents/ Petroleum Refineries; OMB No. 2060± estimated to average 0.25 hours per Affected Entities: Green Lights Partners 0022, EPA No. 1054.06 response. Burden means the total time, and Endorsers include corporations, effort, or financial resources expended AGENCY: state and local government, colleges and Environmental Protection by persons to generate, maintain, retain, universities, and other organizations. Agency (EPA). or disclose or provide information to or Green Lights Allies include lighting ACTION: Notice. for a Federal agency. This includes the manufacturers, lighting management time needed to review instructions; SUMMARY: In compliance with the companies, and utilities. Companies develop, acquire, install, and utilize Paperwork Reduction Act (44 U.S.C. appearing in the EPA financial directory technology and systems for the purposes 3507(a)(1)(D)), this notice announces include utility companies and other of collecting, validating, and verifying that the Information Collection Request financing companies. information, processing and Estimated No. of Respondents: EPA (ICR) for Petroleum Refineries described maintaining information, and disclosing estimates that there will be an average below has been forwarded to the Office and providing information; adjust the of 1,717 partners, 575 allies during the of Management and Budget (OMB) for existing ways to comply with any period covered by this ICR, for a total review and comment. The ICR describes previously applicable instructions and of 2,292 participants and 395 endorsers. the nature of the information collection requirements; train personnel to be able EPA also estimates that 615 lighting and its expected burden and cost; where to respond to a collection of financing providers will submit appropriate, it includes the actual data information; search data sources; information to the EPA. collection instrument. Estimated Total Annual Burden on complete and review the collection of DATES: Comments must be submitted on information; and transmit or otherwise Respondents: 107,997 hours. or before March 25, 1996. Frequency of Collection: The disclose the information. Memorandum of Understanding (MOU) FOR FURTHER INFORMATION OR A COPY Normal Data Collection: is completed and submitted once, upon CALL: Sandy Farmer at EPA, (202) 260– 2740, and refer to EPA ICR No. 1054.06. Estimated Hours/Response: 0.25. joining the Green Lights program. The Estimated Number of Responses: 190. implementation progress report is SUPPLEMENTARY INFORMATION: Frequency of Response: 350. submitted upon project completion or Title: Standards of Performance for Estimated Annual Hour Burden: 16625. Petroleum Refineries (OMB No. 2060– annually if the project is not completed Performance Test Burden: within one year. Case studies and other 0022; EPA ICR No. 1054). This is a information on products and services request for revision of a currently Estimated Hours/Response: 345.7. from lighting manufacturers, lighting approved collection. Estimated Number of Responses: 7. service providers, and utilities are Abstract: In the Administrator’s Frequency of Response: 1. judgement, particulate matter, carbon Estimated Annual Hour Burden: 2420. obtained upon joining the Green Lights Estimated Total Annual Hour Burden: program. The lighting financing monoxide, and sulfur oxides emissions 19,045 hours. providers will submit a financing from petroleum refineries cause or Estimated Total Annualized Cost Burden: directory form to EPA two times per contribute to air pollution that may $579,920. year. reasonably be anticipated to endanger Send comments on the Agency’s need public health or welfare. In order to Send comments on the Agency’s need for this information, the accuracy of the assure compliance with the emissions for this information, the accuracy of the provided burden estimates, and any standards, adequate monitoring and provided burden estimates, and any suggested methods for minimizing recordkeeping is necessary. If the suggested methods for minimizing respondent burden, including through information required by the standards respondent burden, including through the use of automated collection were not collected, the Agency would the use of automated collection techniques to the following addresses. have no means for ensuring that techniques to the following addresses: Please refer to EPA ICR No. 1614.02 and compliance with the NSPS is achieved (Please refer to EPA ICR No. 1054 and OMB Control No. 2060–0255 in any and maintained by sources subject to OMB Control No. 2060–0022 in any correspondence. the regulation. The information correspondence.) Ms. Sandy Farmer, U.S. Environmental collected is also used for targeting Ms. Sandy Farmer, U.S. Environmental Protection Agency, OPPE Regulatory inspections, and is of sufficient quality Protection Agency, OPPE Regulatory 6834 Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices

Information Division (2136), 401 M 13, will also consist of both workgroup on (404) 347–3555 extension 4222, or Street, SW, Washington, DC 20460. and plenary sessions. The subcommittee Keith Mason, Alternate DFO, on (202) and will discuss the status of the 260–1360. Office of Information and Regulatory workgroups’ projects. Opportunity for Affairs, Office of Management and public comment on major issues under (2) Iron and Steel Sector Budget, Attention: Desk Officer for discussion will be provided at intervals Subcommittee—March 28, 1996 EPA, 725 17th Street, NW, throughout the meeting. Notice is hereby given that the For further information concerning Washington, DC 20503. Environmental Protection Agency, Dated: February 15, 1996. this meeting of the Computers and Electronics Sector Subcommittee, please pending resolution of its FY 1996 Joseph Retzer, contact Gina Bushong, U.S. EPA (202) appropriation, will hold an open Director, Regulatory Information Division. 260–3797, FAX (202) 260–1096 or by meeting of the Iron and Steel Sector [FR Doc. 96–4012 Filed 2–21–96; 8:45 am] mail at U.S. EPA (MC 7405), 401 M Subcommittee on Thursday, March 28, BILLING CODE 6560±50±M Street, SW, Washington, DC 20460; 1996, from 8:00 a.m. EST until 4:00 p.m. Mark Mahoney, Region 1, U.S. EPA EST. It will be held at the Comfort Inn, 6921 Baltimore-Annapolis Blvd., [FRL±5428±7] (617) 565–1155; or David Jones, Region 9, U.S. EPA (415) 744–2266. Baltimore, Maryland (telephone number Common Sense Initiative Council 410–789–9100). This is approximately 3 (1) Automobile Manufacturing Sector miles north of Baltimore-Washington (CSIC); Notification of Public Advisory Subcommittee—March 19, 1996 CSIC Computers & Electronics, International Airport. Seating will be Automobile Manufacturing, and Iron The Common Sense Initiative available on a first come, first served and Steel Sector Subcommittee Council, Automobile Manufacturing basis. Limited time will be provided for Meetings; Open Meetings Sector Subcommittee (CSIC–AMS), public comment. pending resolution of EPA’s FY 1996 The Iron and Steel Subcommittee has AGENCY: Environmental Protection appropriation, will hold an open created four work groups (Compliance, Agency (EPA). meeting on March 19, 1996, from 9:30 Innovative Technology, Permits, and a.m. EST to 4:00 p.m. EST. The meeting ACTION: Notice. Brownfields) which are responsible for will be held at The Hall of the States, SUMMARY: Pursuant to the Federal 444 North Capitol Street, N.W., Room proposing to the full Subcommittee, for Advisory Committee Act, Public Law 333, Washington, DC. its review and approval, potential 92–463, notice is hereby given that, The CSIC–AMS has formed three activities or projects that the Iron and pending resolution of EPA’s FY 1996 project teams—Regulatory Initiatives; Steel Sector Subcommittee will appropriation, the Computers & Alternative Sector Regulatory System/ undertake, and for carrying out projects Electronics, Automobile Manufacturing, Community Technical Assistance; and once approved. The Subcommittee’s and Iron and Steel Sector Life Cycle Management/Supplier four work groups will be meeting the Subcommittees of the Common Sense Partnership. The Regulatory Initiatives preceding day, Wednesday, March 27, Initiative Council will meet on the dates project team will continue to focus on 1996, from 10:00 a.m. EST to and times described below. All meetings issues within the Clean Air Act’s New approximately 5:00 p.m., EST at the are open to the public. Seating at Source Review Program. The Comfort Inn. The Subcommittee has meetings will be on a first-come basis. Alternative Sector Regulatory System/ approved seven projects and their work For further information concerning Community Technical Assistance plans. On March 28, the Subcommittee specific meetings, please contact the project team will continue to identify will discuss in detail the status of individuals listed with the three Sector and discuss principles and attributes projects sponsored by the work groups, Subcommittee announcements below. desirable in a new alternative regulatory and review recommendations that the system. The Life Cycle Management/ work groups propose. (1) Computers and Electronics Sector Supplier Partnership project team has Subcommittee—March 12 and 13, 1996 For further information regarding this identified a portion of the supply chain Iron and Steel Sector Subcommittee Notice is hereby given that the to participate in the development of a Meeting, please call either Ms. Mary Computers and Electronics Sector framework for a supplier partnership Byrne at 312–353–2315 in Chicago, Subcommittee, pending resolution of that encourages the consideration of Illinois, or Ms. Judith Hecht at 202–260– EPA’s 1996 appropriation, will hold an environmental impacts in product 5682 in Washington, DC. open meeting on Tuesday, March 12, development, and will continue with its 1996, from 8:30 a.m. EST to 5:00 p.m. work in that regard. All three teams will Inspection of Subcommittee Documents EST and Wednesday, March 13, 1996, report progress on these ongoing from 8:30 a.m. EST to 3:00 p.m. EST, at projects and present deliverables, if Documents relating to the above the Radisson Plaza Hotel, 5000 applicable. Sector Subcommittee announcements, Seminary Road, Alexandria, Virginia. Seating may be limited, therefore, will be publicly available at the Seating will be available on a first-come, advance registration is recommended. meeting. Thereafter, these documents, first-served basis. An Agenda will be available March 12, together with the official minutes for the The first day of the meeting, March 1996. Any person or organization meetings, will be available for public 12, will be devoted partly to breakout interested in attending the meeting inspection in room 2821M of EPA sessions for the three subcommittee should contact Ms. Carol Kemker, Headquarters, Common Sense Initiative workgroups (Reporting and Information Designated Federal Official (DFO), no Staff, 401 M Street, SW, Washington, DC Access; Overcoming Barriers to later than March 15, 1996, at (404) 347– 20460, telephone number 202–260– Pollution Prevention, Product 3555 extension 4222. Each individual or 7417. Common Sense Initiative Stewardship, and Recycling; and group wishing to make oral information can be accessed Integrated and Sustainable Alternative presentations will be allowed a total of electronically through contacting Strategies for Electronics); and partly to three minutes. For further meeting Katherine Brown at plenary session. The second day, March information contact Carol Kemker, DFO [email protected]. Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices 6835

Dated: February 15, 1996. new chemical substances for test Use: (G) Chelating Agent. Randolph Snell, marketing purposes if the Agency finds Production Volume: 600. Acting Designated Federal Officer. that the manufacture, processing, Number of Customers: 30. [FR Doc. 96–4036 Filed 2–21–96; 8:45 am] distribution in commerce, use, and BILLING CODE 6560±50±P disposal of the substances for test Test Marketing Period: 12 months. marketing purposes will not present an Commencing on first day of commercial unreasonable risk of injury to human manufacture. [OPPT±59351; FRL±5349±6] health or the environment. EPA may Risk Assessment: EPA identified no impose restrictions on test marketing significant health or environmental Certain Chemicals; Approval of a Test activities and may modify or revoke a concerns for the test market substance. Marketing Exemption test marketing exemption upon receipt Therefore, the test market activities will AGENCY: Environmental Protection of new information which casts not present any unreasonable risk of Agency (EPA). significant doubt on its finding that the injury to human health or the ACTION: Notice. test marketing activity will not present an unreasonable risk of injury. environment. SUMMARY: This notice announces EPA’s EPA hereby approves TME–96–1. EPA The Agency reserves the right to approval of an application for test has determined that test marketing of rescind approval or modify the marketing exemption (TME) under the new chemical substance described conditions and restrictions of an section 5(h)(1) of the Toxic Substances below, under the conditions set out in exemption should any new information Control Act (TSCA) and 40 CFR 720.38. the TME application, and for the time that comes to its attention cast EPA has designated this application as period and restrictions specified below, significant doubt on its finding that the TME–96–1. The test marketing will not present an unreasonable risk of test marketing activities will not present injury to human health or the conditions are described below. any unreasonable risk of injury to environment. Production volume, use, DATES: This notice becomes effective human health or the environment. February 13, 1996. Written comments and the number of customers must not will be received until March 8, 1996. exceed that specified in the application. A record has been established for this notice under docket number [OPPT– ADDRESSES: Written comments, All other conditions and restrictions identified by the docket number [OPPT– described in the application and in this 59351] (including comments and data 59351] and the specific TME number notice must be met. submitted electronically a described A notice of receipt of this application should be sent to: TSCA above). A public version of this record, was not published in advance of nonconfidential center (NCIC), Office of including printed versions of electronic approval. Therefore, an opportunity to Pollution Prevention and Toxics, comments, which does not include any submit comments is being offered at this Environmental Protection Agency, Rm. information claimed as CBI, is available time. EPA will modify or revoke the test NEB–607 (7407), 401 M St., SW., for inspection from 12 noon to 4 p.m., marketing exemption if comments are Washington, DC 20460, (202) 554–1404, Monday through Friday, excluding legal received which cast significant doubt on TDD (202) 554–0551. holidays. The public record is located in Comments and data may also be its finding that the test marketing the TSCA nonconfidential information activities will not present an submitted electronically by sending center (NCIC), Rm. NEB–607, 401 M St., electronic mail (e-mail) to: unreasonable risk of injury. The following additional restrictions SW., Washington, DC 20460. [email protected]. Electronic apply to TME–96–1. A bill of lading The official record for this notice, as comments must be submitted as an accompanying each shipment must state well as the public version, as described ASCII file avoiding the use of special that the use of the substance is restricted above will be kept in paper form. characters and any form of encryption. to that approved in the TME. In Comments and data will also be Accordingly, EPA will transfer all addition, the applicant shall maintain accepted on disks in WordPerfect in 5.1 comments received electronically into the following records until five years file format or ASCII file format. All printed, paper form as they are received after the date they are created, and shall comments and data in electronic form and will place the paper copies in the make them available for inspection or must be identified by [OPPT–59351]. No official record which will also include copying in accordance with section 11 Confidential Business Information (CBI) all comments submitted directly in of TSCA: should be submitted through e-mail. writing. The official record is the paper Electronic comments on this notice may 1. Records of the quantity of the record maintained at the address in be filed online at many Federal TME substance produced and the date ‘‘ADDRESSES’’ at the beginning of this Depository Libraries. Additional of manufacture. document. information on electronic submissions 2. Records of dates of the shipments can be found under to each customer and the quantities List of Subjects ‘‘SUPPLEMENTARY INFORMATION’’. supplied in each shipment. 3. Copies of the bill of lading that Environmental protection, Test FOR FURTHER INFORMATION CONTACT: Vera accompanies each shipment of the TME marketing exemption. Stubbs, New Chemicals Branch, substance. Chemical Control Division (7405), Dated: February 13, 1996. Office of Pollution Prevention and TME±96±1 Paul J. Campanella, Toxics, Environmental Protection Date of Receipt: December 12, 1995. Agency, Rm. E–447A, 401 M St. SW., Chief, New Chemicals Branch, Office of The extended comment period will Pollution Prevention and Toxics. Washington, DC 20460, (202) 260–5671. close (insert date 15 days after date of SUPPLEMENTARY INFORMATION: Section publication in the Federal Register). [FR Doc. 96–4029 Filed 2–21–96; 8:45 am] 5(h)(1) of TSCA authorizes EPA to Applicant: Mitsubishi Chemical BILLING CODE 6560±50±F exempt persons from premanufacture America, Inc. notification (PMN) requirements and Chemical: (G) 4-phosphoric methyl permit them to manufacture or import styrene and divinylbenzene polymer. 6836 Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices

FEDERAL COMMUNICATIONS Estimated Time Per Response: OMB Approval Number: 3060–0571. COMMISSION Preliminary notice has an average Title: Determination of Maximum burden of 8 hours (30 X 8). Each Permitted Rates for Regulated Cable Notice of Public Information defendants response has an average Programming Services and Equipment. Collections Being Reviewed by the burden of 8 hours (30 X 8). Each Form No.: FCC Form 393. Federal Communications Commission complainants program access complaint Type of Review: Extension of and defendants response to this expiration date of a currently approved February 14, 1996. complaint has an average burden of 15 information collection. SUMMARY: The Federal Communications, hours (30 X 15). Each complainant’s Respondents: Business or other for as part of its continuing effort to reduce reply to the defendant’s answer to a profit; state, local or tribal governments. paperwork burden invites the general program access complaint has an Number of Respondents: The public and other Federal agencies to average burden of 5 hours (15 X 5). Commission estimates that 300 FCC take this opportunity to comment on the Total Annual Burden: (30 X 8) + (30 Form 393s are filed annually with the following proposed and/or continuing X 8) + (30 X 15) + (15 X 5) = 1,005 Commission and local franchising information collections, as required by annual burden hours. authorities. the Paperwork Reduction Act of 1995, Needs and Uses: Section 19 of the Estimated Time Per Response: 40 Public Law 104–13. Comments are Cable Television Consumer Protection hours per response. requested concerning (a) whether the and Competition Act of 1992 (1992 Total Annual Burden: 12,000 hours proposed collection of information is Cable Act) added new Section 628 to the annually. necessary for the proper performance of Communications Act of 1934 (the Act). Needs and Uses: On 4/1/93, the the functions of the Commission, Section 628 of the Act prescribes a cable Commission adopted a Report and including whether the information shall operator, a satellite cable programming Order, FCC 93–177, MM Docket No. 92– have practical utility; (b) the accuracy of vendor in which a cable operator has an 266, implementing Section 623 of the the Commissions burden estimates; (c) attributable interest, or a satellite Cable Act, thus ensuring that cable ways to enhance the quality, utility, and broadcast programming vendor from subscribers nationwide enjoy the rates clarity of the information collected and engaging in unfair practices and directs that would be charged by cable systems (d) ways to minimize the burden of the the Commission to, among other things, operating in a competitive environment. collection of information on the prescribe regulations to provide for a The FCC Form 393 was then developed respondents, including the use of review of complaints made under this for cable operators to use to justify the automated collection techniques or section. Accordingly, the Commission reasonableness of rates for service and other forms of information technology. adopted a Report and Order on April 1, equipment in effect prior to May 15, 1993, in MM Docket No. 92–265, which 1994. The cable operators use the FCC DATES: Written comments should be added Section 76.1003 to its rules. Form 393 to submit their basic rate submitted on or before April 22, 1996. Section 76.1003 provides that any schedule to local franchising authorities If you anticipate that you will be aggrieved multichannel video or the Commission (in situations where submitting comments, but find it programming distributor intending to the Commission has assumed difficult to do so within the period of file a program access complaint must jurisdiction. Cable operators also file the time allowed by this notice, you should first notify the potential defendant cable FCC Form 393 when responding to a advise the contact listed below as soon operator, and/or the potential defendant complaint filed with the Commission as possible. satellite cable programming vendor or about cable programming service rates ADDRESS: Direct all comments to satellite broadcast programming vendor, and associated equipment. Dorothy Conway, Federal that it intends to file such a complaint OMB Approval Number: 3060–0551. Communications, Room 234, 1919 M with the Commission. If the parties Title: 47 CFR 76.1002 Specific unfair St., NW., Washington, DC 20554 or via cannot resolve the dispute, the practices prohibited. internet to [email protected]. complainant may then initiate a Type of Review: Extension of FOR FURTHER INFORMATION CONTACT: For program access complaint proceeding expiration date of a currently approved additional information or copies of the with the Commission. Section information collection. information collections contact Dorothy 76.1003(b) stipulates that program Respondents: Business or other for- Conway at 202–418–0217 or via internet access complaint proceedings are profit. at [email protected]. generally to be resolved on a written Number of Respondents: The record consisting of a complaint, a Commission receives approximately 20 SUPPLEMENTARY INFORMATION: defendant’s answer to the complaint, petitions for exclusivity, annually. OMB Approval No.: 3060–0552. and the complainant’s reply to the Approximately 15 competing Title: Section 76.1003 Adjudicatory defendant’s answer. multichannel video programming proceedings. The information will be used by distributors affected by proposed Form No.: N/A. Commission staff to resolve disputes petitions for exclusivity will in turn file Type of Review: Extension of a alleging unfair methods of competition opposition to the petitions. Therefore, currently approved collection. and deceptive practices by a cable there are 35 total annual respondents. Respondents: Business or other for- operator, a satellite cable programming Estimated Time Per Response: Each of profit. vendor in which a cable operator has an the estimated 20 petitions for Number of Respondents: 30 attributable interest, or a satellite exclusivity has an average burden of 25 complainant’s file preliminary notices broadcast programming vendor where hours. Each of the estimated 15 with potential defendants. Though these the purpose or effect of which is to opposition to petitions for exclusivity actions only result in approximately 15 hinder significantly or to prevent any has an average burden of 25 hours. Each actual complaint proceedings each year, multichannel video programming of the estimated 15 responses to the to account for total respondents for this distributor from providing satellite cable opposition has an average burden 15 information collection requirement that programming or satellite broadcast hours. are 30 complainants and 30 defendants; programming to subscribers or Total Annual Burden: (20 x 25) + (15 totalling 60 annual respondents. consumers. x 25) + (15 x 15) = 825 burden hours. Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices 6837

Needs and Uses: Section 19 of the Federal Communications Commission. candidates in the Special Primary and Cable Television Consumer Protection William F. Caton, Special General Elections and all other and Competition Act of 1992 (1992 Acting Secretary. political committees not filing monthly Cable Act) added new Section 628 to the [FR Doc. 96–3914 Filed 2–21–96; 8:45 am] which support candidates in these Communications Act of 1934 (the Act). BILLING CODE 6712±01±F elections shall file a 12-day Pre-Primary Section 628 of the Act directs the Report on March 21, with coverage Commission to prescribe rules to dates from the close of the last report prohibit exclusive contracts between FEDERAL ELECTION COMMISSION filed, or the day of the committee’s first cable operators and vertically integrated activity, whichever is later, through satellite cable and broadcast [Notice 1996±8] March 13; an April Quarterly Report on programming vendors, that prevent a April 15, with coverage dates from Filing Dates for the Oregon Special March 14 through March 31; a 12-day multichannel video programming Elections distributor from obtaining satellite cable Pre-General Report on May 9, with or satellite broadcast programming for AGENCY: Federal Election Commission. coverage dates from April 1 through distribution to persons in areas served ACTION: Notice of Filing Dates for May 1; and a Post-General Report on by a cable operator unless the Special Elections. June 20, with coverage dates from May Commission determines that the 2 through June 10, 1996. exclusive contract is in the public SUMMARY: Oregon has scheduled special All principal campaign committees of interest pursuant to Section 628(c)(4) of elections on April 2 and May 21, 1996, candidates in the Special Primary the Act. Pursuant to the legislative in the Third Congressional District to Election only and all other political mandate of Section 19 of the Cable Act fill the U.S. House seat vacated by committees not filing monthly which (Section 628(c)(2)(D) of the Act), the Congressman Ron Wyden. support candidates in the Special Commission adopted a Report and Committees required to file reports in Primary Election shall file a 12-day Pre- Order on April 1, 1993, in MM Docket connection with the Special Primary Primary Report on March 21, with No. 92–265, which, among other things, Election on April 2 should file a 12-day coverage dates from the close of the last added new Section 76.1002(c)(5) to the Pre-Primary Report on March 21, 1996. report filed, or the date of the Commission’s rules requiring any Committees required to file reports in committee’s first activity, whichever is vertically integrated programmer or any connection with both the Special later, through March 13, and an April cable operator seeking to execute an Primary and Special General Election to Quarterly Report on April 15, with exclusive contract, to seek and obtain be held on May 21, must file a 12-day coverage dates from March 14 through the Commission’s public interest Pre-Primary Report; an April Quarterly March 31, 1996. judgement before doing so by filing a Report on April 15; a 12-day Pre- All political committees not filing ‘‘petition for exclusivity.’’ The General Report on May 9; and a Post- monthly which support candidates in information will be used by General Report on June 20, 1996. the Special General Election only shall Commission staff to determine on a FOR FURTHER INFORMATION CONTACT: file a 12-day Pre-General Report on May case-by-case basis whether particular Ms. Bobby Werfel, Information Division, 9, with coverage dates from the last exclusive contracts for cable television 999 E Street, N.W., Washington, DC report filed, or the date of the programming comply with the statutory 20463, Telephone: (202) 219–3420; Toll committee’s first activity, whichever is public interest standard of Section 19 of Free (800) 424–9530. later, through May 1, and a Post-General the 1992 Cable Act and Section SUPPLEMENTARY INFORMATION: All Report on June 20, with coverage dates 628(c)(2)(D) of the Act. principal campaign committees of from May 2 through June 10, 1996.

CALENDAR OF REPORTING DATES FOR OREGON SPECIAL ELECTIONS

Reg./cert. Report Close of mailing Filing date books* date**

I. For Committees Involved Only in the Special Primary (04/02/96)

Pre-Primary ...... 03/13/96 03/18/96 03/21/96 April Quarterly ...... 03/31/96 04/15/96 04/15/96

II. For Committees Involved in the Special Primary (04/02/96) and Special General (05/21/96)

Pre-Primary ...... 03/13/96 03/18/96 03/21/96 April Quarterly ...... 03/31/96 04/15/96 04/15/96 Pre-General ...... 05/01/96 05/06/96 05/09/96 Post-General ...... 06/10/96 06/20/96 06/20/96

III. For Committees Involved Only in the Special General (05/21/96)

Pre-General ...... 05/01/96 05/06/96 05/09/96 Post-General ...... 06/10/96 06/20/96 06/20/96 *The period begins with the close of books of the last report filed by the committee. If the committee has filed no previous reports, the period begins with the date of the committee's first activity. **Reports sent by registered or certified mail must be postmarked by the mailing date; otherwise, they must be received by the filing date. 6838 Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices

Dated: February 16, 1996. Title: Hanjin/Tricon Agreement Date Revoked: December 27, 1995 Lee Ann Elliott, Parties: Reason: Surrendered license Chairman, Federal Election Commission. Hanjin Shipping Co., Ltd. voluntarily. [FR Doc. 96–3986 Filed 2–21–96; 8:45 am] Cho Yang Shipping Co. Ltd. License Number: 2140 DSR-Senator Lines BILLING CODE 6715±01±M Name: John J. Solano dba Solano Synopsis: The proposed amendment Forwarding Co. adds U.S. West Coast ports to the Address: 347 Third Ave., Bellmawr, NJ geographic scope of the Agreement FEDERAL MARITIME COMMISSION 08031 and deletes reference to the (Bangor, Date Revoked: December 30, 1995 Notice of Agreement(s) Filed ME/Key West, FL range). Reason: Failed to maintain a valid Agreement No.: 203–011527 surety bond. The Federal Maritime Commission Title: Montemar/Zim Service License Number: 3697 hereby gives notice of the filing of the Coordination Agreement Name: Aero-Mar Cargo, Inc. following agreement(s) pursuant to Parties: Address: 10540 N.W., 26th Street, Ste. section 5 of the Shipping Act of 1984. Zim Israel Navigation Company, Ltd. G101, Miami, FL 33172 Interested parties may inspect and Montemar S.A. d/b/a Pan American Date Revoked: January 8, 1995 obtain a copy of each agreement at the Independent Line Reason: Failed to maintain a valid Washington, DC Office of the Federal Synopsis: The proposed Agreement surety bond. Maritime Commission, 800 North authorizes the parties to charter space Capitol Street NW., 9th Floor. Interested License Number: 2169 and vessels to and from one another, Name: Vincent F. Messina dba Messina parties may submit comments on each to rationalize sailings. The parties agreement to the Secretary, Federal & Co. may also, on a voluntary and non- Address: One Harborside Drive, E. Maritime Commission, Washington, DC binding basis, discuss and agree upon Boston, MA 02128 20573, within 10 days after the date of rates, charges, rules, regulations, Date Revoked: January 12, 1995 the Federal Register in which this practices, tariff or service items or rate Reason: Failed to maintain a valid notice appears. The requirements for policy and terms and conditions of surety bond. comments are found in section 572.603 their respective service contracts in of Title 46 of the Code of Federal License Number: 3167 the trade between, on the one hand, Name: Robert Sordo dba Aldemar Regulations. Interested persons should U.S. ports and points (including ports consult this section before Shipping Company and points on the islands of Puerto Address: 10910 S. La Cienega Blvd., communicating with the Commission Rico and the U.S. Virgin Islands) and, regarding a pending agreement. Inglewood, CA 90304 on the other hand, ports on the Date Revoked: January 16, 1996 Agreement No.: 202–011456–013 Caribbean coast of Columbia, ports in Reason: Surrendered license Title: South Europe American Venezuela, Guyana, Suriname, French voluntarily. Conference Guiana, Brazil, Uruguay, ports on the License Number: 3091 Parties: Atlantic Coast of Argentina, ports in Compagnie Maritime d’Affretement Name: Callport International, Inc. all islands of the Caribbean Sea, and Address: Airport Industrial Office Park DSR-Senator Lines GmbH inland and coastal points served via Evergreen Marine Corporation Bldg., C–2 North, Hook Creek Blvd. & such ports (including without (Taiwan) Ltd. 145th Ave., Valley Stream, NY 11581 limitation, inland and coastal points ‘‘Italia’’ di Navigazione, S.p.A. Date Revoked: January 16, 1996 A.P. Moller-Maersk Line in Paraguay). The parties have Reason: Surrendered license Nedlloyd Lijnen B.V. requested a shortened review period. voluntarily. P&O Containers Limited Dated: February 15, 1996. License Number: 1296 Sea-Land Service, Inc. By Order of the Federal Maritime Name: Porter International, Inc. Zim Israel Navigation Company, Ltd. Commission. Address: 9295 Siempre Viva Road, San Synopsis: The proposed amendment Joseph C. Polking, Diego, CA 92173 revises (1) Article 8.6 to provide that Secretary. Date Revoked: January 16, 1996 the deadline for responding to a [FR Doc. 96–3909 Filed 2–21–96; 8:45 am] Reason: Surrendered license telephone or telex poll in the voluntarily. Westbound Section is the close of the BILLING CODE 6730±01±M Bryant L. VanBrakle, next business day following the initiation of the poll; (2) Article 8.7 to Director, Bureau of Tariffs, Certification and Ocean Freight Forwarder License; Licensing. provide that Proxies shall count for Revocations purposes of determining a quorum [FR Doc. 96–3908 Filed 2–21–96; 8:45 am] and for voting purposes at Westbound The Federal Maritime Commission BILLING CODE 6730±01±M Executive Committee and Pricing hereby gives notice that the following Meetings; (3) Article 13 reduces the freight forwarder licenses have been notice period of Westbound revoked pursuant to section 19 of the FEDERAL RESERVE SYSTEM independent actions from 10 calendar Shipping Act of 1984 (46 U.S.C. app. Community Financial Group, Inc., et days to 3 business days; and (4) 1718) and the regulations of the al.; Formations of; Acquisitions by; Article 14 permits Westbound service Commission pertaining to the licensing and Mergers of Bank Holding contracts to include single factor rates of ocean freight forwarders, effective on Companies and Article 14.1(e) provides that a the corresponding revocation dates member of the Westbound Section shown below: The companies listed in this notice may apply independent actions taken License Number: 3806 have applied for the Board’s approval on European inlands to Westbound Name: B.L.G. Air-Ocean Transport Corp. under section 3 of the Bank Holding service contracts. Address: 1281 West 40th Street, Company Act (12 U.S.C. 1842) and § Agreement No.: 232–011475–002 Hialeah, FL 33012 225.14 of the Board’s Regulation Y (12 Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices 6839

CFR 225.14) to become a bank holding First Financial Bancorp, et al.; Notice subsidiary, First Finance Mortgage company or to acquire a bank or bank of Applications to Engage de novo in Company of Southwestern Ohio, Inc., holding company. The factors that are Permissible Nonbanking Activities Fairfield, Ohio, in making, acquiring, considered in acting on the applications and servicing loans or other extensions The companies listed in this notice are set forth in section 3(c) of the Act of credit directly or for the account of have filed an application under § (12 U.S.C. 1842(c)). others, pursuant to § 225.25(b)(1) of the 225.23(a)(1) of the Board’s Regulation Y Board’s Regulation Y. Each application is available for (12 CFR 225.23(a)(1)) for the Board’s immediate inspection at the Federal approval under section 4(c)(8) of the B. Federal Reserve Bank of Chicago Reserve Bank indicated. Once the Bank Holding Company Act (12 U.S.C. (James A. Bluemle, Vice President) 230 application has been accepted for 1843(c)(8)) and § 225.21(a) of Regulation South LaSalle Street, Chicago, Illinois processing, it will also be available for Y (12 CFR 225.21(a)) to commence or to 60690: inspection at the offices of the Board of engage de novo, either directly or 1. Heartland Bancshares, Inc., Lenox, Governors. Interested persons may through a subsidiary, in a nonbanking Iowa; to engage de novo in making and express their views in writing to the activity that is listed in § 225.25 of servicing loans, pursuant to § Reserve Bank or to the offices of the Regulation Y as closely related to 225.25(b)(1) of the Board’s Regulation Y. Board of Governors. Any comment on banking and permissible for bank Board of Governors of the Federal Reserve an application that requests a hearing holding companies. Unless otherwise System, February 15, 1996. must include a statement of why a noted, such activities will be conducted Jennifer J. Johnson, throughout the United States. written presentation would not suffice Deputy Secretary of the Board. in lieu of a hearing, identifying Each application is available for immediate inspection at the Federal [FR Doc. 96–3913 Filed 2–21–96; 8:45 am] specifically any questions of fact that Reserve Bank indicated. Once the BILLING CODE 6210±01±F are in dispute and summarizing the application has been accepted for evidence that would be presented at a processing, it will also be available for hearing. inspection at the offices of the Board of Unless otherwise noted, comments Governors. Interested persons may FEDERAL TRADE COMMISSION regarding each of these applications express their views in writing on the Granting of Request For Early must be received not later than March question whether consummation of the Termination of the Waiting Period 15, 1996. proposal can ‘‘reasonably be expected to Under the Premerger Notification produce benefits to the public, such as A. Federal Reserve Bank of Atlanta Rules (Zane R. Kelley, Vice President) 104 greater convenience, increased Marietta Street, N.W., Atlanta, Georgia competition, or gains in efficiency, that Section 7A of the Clayton Act, 15 30303: outweigh possible adverse effects, such U.S.C. § 18a, as added by Title II of the as undue concentration of resources, 1. Community Financial Group, Inc., Hart-Scott-Rodino Antitrust decreased or unfair competition, Improvements Act of 1976, requires Nashville, Tennessee; to become a bank conflicts of interests, or unsound holding company by acquiring 80 persons contemplating certain mergers banking practices.’’ Any request for a or acquisitions to give the Federal Trade percent of the voting shares of The Bank hearing on this question must be of Nashville, Nashville, Tennessee. Commission and the Assistant Attorney accompanied by a statement of the General advance notice and to wait reasons a written presentation would B. Federal Reserve Bank of designated periods before not suffice in lieu of a hearing, Minneapolis (James M. Lyon, Vice consummation of such plans. Section identifying specifically any questions of President) 250 Marquette Avenue, 7A(b)(2) of the Act permits the agencies, fact that are in dispute, summarizing the Minneapolis, Minnesota 55480: in individual cases, to terminate this evidence that would be presented at a waiting period prior to its expiration 1. Norwest Corporation, Minneapolis, hearing, and indicating how the party and requires that notice of this action be Minnesota; to acquire 100 percent of the commenting would be aggrieved by published in the Federal Register. voting shares of Benson Financial approval of the proposal. Corporation, San Antonio, Texas, and Unless otherwise noted, comments The following transactions were thereby indirectly acquire Kelly Field regarding the applications must be granted early termination of the waiting National Bank, Leon Valley, Texas, and received at the Reserve Bank indicated period provided by law and the Groos Bank, N.A., San Antonio, Texas. or the offices of the Board of Governors premerger notification rules. The grants Board of Governors of the Federal Reserve not later than March 6, 1996. were made by the Federal Trade System, February 15, 1996. A. Federal Reserve Bank of Cleveland Commission and the Assistant Attorney (John J. Wixted, Jr., Vice President) 1455 General for the Antitrust Division of the Jennifer J. Johnson, East Sixth Street, Cleveland, Ohio Department of Justice. Neither agency Deputy Secretary of the Board. 44101: intends to take any action with respect [FR Doc. 96–3912 Filed 2–21–96; 8:45 am] 1. First Financial Bancorp, Hamilton, to these proposed acquisitions during BILLING CODE 6210±01±F Ohio, to engage de novo through its the applicable waiting period.

TRANSACTIONS GRANTED EARLY TERMINATION BETWEEN: 012996 AND 020996

Date Name of acquiring person, name of acquired person, name of acquired entity PMN No. terminated

Emmpak Foods, Inc., Wisconsin Packing Co., Inc., Wisconsin Packing Co., Inc ...... 96±0749 01/29/96 Acadia Partners, L.P., Lehman Brothers Holdings Inc., LW±SSP2, L.P ...... 96±0763 01/29/96 The Trident Partnership, L.P., Odyssey Partners, L.P., Sen-Tech International Holdings, Inc ...... 96±0782 01/29/96 Weyerhaeuser Company, The Mead Corporation, Mead Coated Board, Inc ...... 96±0784 01/29/96 Weyerhaeuser Company, Fosterlane Holdings Corporation, Evergreen Timberlands Corporation ...... 96±0785 01/29/96 6840 Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices

TRANSACTIONS GRANTED EARLY TERMINATION BETWEEN: 012996 AND 020996ÐContinued

Date Name of acquiring person, name of acquired person, name of acquired entity PMN No. terminated

Mr. Richard A. Benedek, Mr. William S. Morris III, Stauffer Communications, Inc ...... 96±0787 01/29/96 Team Rental Group, Inc., Chrysler Corporation, Van Pool Services, Inc ...... 96±0818 01/29/96 Bessemer Securities Corporation, Dan S. Sandel, Devon Industries, Inc ...... 96±0821 01/29/96 Mr. A. Richard Benedek, Mr. Paul Brissette, Jr., Brissette Broadcasting Corporation ...... 96±0835 01/29/96 Merrill Lynch & Co., Inc., Rykoff-Sexton, Inc., Rykoff-Sexton, Inc ...... 96±0850 01/29/96 Merrill Lynch Capital Appr. Partnership No. B±XVIII, LP, Rykoff-Sexton, Inc., Rykoff-Sexton, Inc ...... 96±0851 01/29/96 Merrill Lynch Capital Appr. Partnership No. XIII, L.P., Rykoff-Sexton, Inc., Rykoff-Sexton, Inc ...... 96±0852 01/29/96 Lincoln National Corporation, Bell Atlantic Corporation, Christopher Budden, Carla Giannini and David Hodes as T ...... 96±0853 01/29/96 American Family Restaurants, Inc., Jack M. Lloyd, Denwest Restaurant Corporation ...... 96±0855 01/29/96 Jack M. Lloyd, American Family Restaurants, Inc., American Family Restaurants, Inc ...... 96±0856 01/29/96 Regency Health Services, Inc., Liberty-LHC Corp., Liberty Healthcare Limited Partnership ...... 96±0878 01/29/96 Healthsource, Inc., Central Massachusetts Health Care, Inc., Central Massachusetts Health Care, Inc ...... 96±0768 01/30/96 Han-Ching Lin and Hui-Ying Chou, Travelers Group Inc., Hotel Pleasanton Limited, L.P ...... 96±0822 01/30/96 E.I. du Pont de Nemours and Company, Zapata Corporation, Cimarron Gas Holding Company ...... 96±0833 01/30/96 Wallace Computer Services, Inc., Forms Engineering Company, Forms Engineering Company ...... 96±0885 01/30/96 The Sherwin-Williams Company, Imperial Chemicals Industries PLC, Grow Group, Inc. and Cello Corp ...... 96±0844 01/31/96 MBNA Corporation, Keystone Financial, Inc., Mid-State Bank and Trust Company ...... 96±0899 02/01/96 The Multicare Companies, Inc., Concord Health Group, Inc., Concord Health Group, Inc...... 96±0907 02/01/96 Renal Treatment Center, Inc., Dudley S.J. Seto, Intercontinental Medical Services, Inc ...... 96±0766 02/02/96 Linde AG, Praxair, Inc., Praxair Technology, Inc ...... 96±0771 02/02/96 Toshiba Corporation, International Business Machines Corporation, Virginia LLC Holding, Inc ...... 96±0802 02/02/96 National Life Insurance Company, Vereinigte Haftpflicht Vericherung, V.a.G. (Swiss corp), Hannover Holdings, Inc. and LSW Holding Corporation ...... 96±0816 02/02/96 National Life Insurance Company, Swiss Reinsurance Company, Hannover Holdings, Inc. and LSW Holding Corporation ...... 96±0817 02/02/96 General Parts, Inc., Daniel C. Sussen, Sussen, Incorporated ...... 96±0846 02/02/96 Ford Motor Company, Dover Corporation, Dover Industries Acceptance, Inc ...... 96±0854 02/02/96 Welsh, Carson, Anderson & Stowe VII, L.P., Newco (JV), Newco (JV) ...... 96±0863 02/02/96 Welsh, Carson, Anderson & Stowe VII, L.P., LeBonheur Health Systems, Inc., Southern Health Systems, Inc .. 96±0864 02/02/96 Alco Standard Corporation, Wilheit Family Properties, L.P., Tom Wilheit Packaging Materials Company ...... 96±0865 02/02/96 Mayo Foundation, Immanuel-St. Joseph's Hospital of Mankato, Inc., Immanuel-St. Joseph's Hospital ...... 96±0876 02/02/96 Blue Cross of California, Massachusetts Mutual Life Insurance Co., MassMutual Holding Company Two, Inc ... 96±0879 02/02/96 Mr. Joe Lewis Allbritton, Federal Enterprises, Inc., Federal Broadcasting Company ...... 96±0880 02/02/96 Corporate Express, Inc., U.S. Delivery Systems, Inc., U.S. Delivery Systems, Inc ...... 96±0905 02/02/96 Robert B. Rowling, The Wharf (Holdings) Limited, Omni Hotels Corporation ...... 96±0913 02/02/96 The Morgan Stanley Real Estate Fund II, L.P., Chevron Corporation, Chevron Corporation ...... 96±0926 02/02/96 Gibraltar Steel Corporation, Carolina Commercial Heat Treating, Inc., Carolina Commercial Heat Treating, Inc . 96±0935 02/02/96 General Electric Company, Access America Telemanagement, Inc., Access America Telemanagement, Inc ..... 96±0751 02/05/96 Sisters of St. Joseph of Nazareth, Franciscan Services Corporation, Holy Cross Health Services of Michigan, Inc ...... 96±0805 02/05/96 H.J. Heinz Company, Earth's Best, Inc., Earth's Best, Inc ...... 96±0894 02/05/96 CAI Wireless Systems, Inc., Heartland Wireless Communications, Inc., Heartland Wireless Communications, Inc ...... 96±0900 02/05/96 Heartland Wireless Communications, Inc., CAI Wireless Systems, Inc., CS Wireless Systems, Inc ...... 96±0901 02/05/96 J. Dix Druce, Jr., GAN Societe Central de Group des Assurance Nationales, Hawkeye National Life Insurance Company ...... 96±0925 02/05/96 U.S. Trust Company of California N.A.Ðtrustee of AECOM, TCB Inc., TCB Inc ...... 96±0929 02/05/96 ChiRex Inc., Sepracor Inc., SepraChem Inc ...... 96±0938 02/05/96 Sepracor Inc., ChiRex Inc., ChiRex Inc ...... 96±0939 02/05/96 Thomas O. Hicks, Norman N. Green, Dallas Hockey Club, Inc ...... 96±0959 02/05/96 Bessemer Securities Corporation, Kelley Oil & Gas Corporation, Kelley Oil & Gas Corporation ...... 96±0912 02/06/96 First Union Corporation, Mary L.G. Theroux, Interail, Inc ...... 96±0937 02/06/96 Amgen Inc., NPS Pharmaceuticals, NPS Pharmaceuticals ...... 96±0794 02/07/96 Shaw Industries, Inc., Ulrich E. Meyer, Carpetland USA, Inc ...... 96±0869 02/07/96 Deere & Company, InterAg Technologies, Inc., InterAg Technologies, Inc ...... 96±0883 02/07/96 Western Wireless Corporation, GTE Corporation, GTE Mobilnet Incorporated ...... 96±0886 02/07/96 Estate of Albert Reimann, Maybelline, Inc., Maybelline, Inc ...... 96±0909 02/07/96 Merrill Lynch Capital Appreciation Company Limited II, Rykoff-Sexton, Rykoff-Sexton ...... 96±0911 02/07/96 International Business Machines Corporation, Digital Domain, Inc., Digital Domain, Inc ...... 96±0914 02/07/96 Cox Enterprises, Inc., Digital Domain, Inc., Digital Domain, Inc ...... 96±0919 02/07/96 CSM nv, Philip and Mariette Orth, Ph. Orth Co ...... 96±0928 02/07/96 Illinois Tool Works Inc., Medalist Industries, Inc., Medalist Industries, Inc ...... 96±0930 02/07/96 Loyal Trust No. 1, Meridian Industrial Trust, Inc., Meridian Industrial Trust, Inc ...... 96±0945 02/07/96 The Warnaco Group, Inc., Cygne Designs, Inc., Cygne Designs, Inc ...... 96±0957 02/07/96 General Electric Company, EMLICO Joint Provisional Liquidators (Bermuda), Electric Insurance Company ...... 96±0918 02/08/96 SmithKline Beecham plc, Human Genome Sciences, Inc., Human Genome Sciences, Inc ...... 96±0922 02/08/96 Rifkin Acquisition Partners, L.L.L.P., Mid-Tennessee CATV, L.P., Mid-Tennessee Cable Limited Partnership .... 96±0924 02/08/96 Arch Communications Group, Inc., Merrill Lynch Capital Appreciation Part. No. B±XXIV, LP, Westlink Hold- ings, Inc ...... 96±0951 02/08/96 General Motors Corporation, Litton Industries, Inc., Litton Systems, Inc ...... 96±0226 02/09/96 Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices 6841

TRANSACTIONS GRANTED EARLY TERMINATION BETWEEN: 012996 AND 020996ÐContinued

Date Name of acquiring person, name of acquired person, name of acquired entity PMN No. terminated

Praxair, Inc., The Shumway Estate, General Welding Supply Co., Inc ...... 96±0841 02/09/96 David C. Arch, Bayer AG, Bayer Corporation ...... 96±0884 02/09/96 Horizon/CMS Healthcare Corporation, Pacific Rehabilitation & Sports Medicine, Inc., Pacific Rehabilitation & Sports Medicine, Inc ...... 96±0890 02/09/96 Dover Corporation, The 162 Trust, Hill Samuel Trust Company, Ltd., Trustee, Robohand, Inc ...... 96±0891 02/09/96 Dover Corporation, Mr. Alexandru Ionescu, Robohand, Inc ...... 96±0892 02/09/96 CENEX, Inc., MAPCO Inc., Thermogas Company ...... 96±0904 02/09/96 Bruce G. Robert, Volker Dolch, Dolch American Instruments, Inc ...... 96±0921 02/09/96 The Bank of New York Company, Inc., PNC Bank Corp., Midlantic Commercial Co ...... 96±0941 02/09/96 ECCO S.A. (a French company) BCE Inc. (a Canadian company), BCE Commcor Management, Inc ...... 96±0942 02/09/96 Ameritech Pension Trust, Meridian Industrial Trust, Inc., Meridian Industrial Trust, Inc ...... 96±0943 02/09/96 Wendy's International, Inc., Imasco Limited, MRO Mid-Atlantic Corporation and MRO Northeast, Incorpo ...... 96±0946 02/09/96 Danaher Corporation, KTM Holdings, Inc., Ketema, Inc ...... 96±0954 02/09/96 Tiger Real Estate Fund, L.P., Martin V. Smith, Smith Family Trust ...... 96±0955 02/09/96 Sybron International Corporation, The Naugatuck Glass Company, The Naugatuck Glass Company ...... 96±0956 02/09/96 Century Communications Corp., ML Media Partners, L.P., ML Media Partners, L.P ...... 96±0963 02/09/96 Pasadena Hospital Assoc., Ltd., dba Huntington Mem. Hos, Montebello Community Health Services, Inc., Montebello Community Health Services, Inc ...... 96±0964 02/09/96 Snyder Oil Corporation, Gerrity Oil and Gas Corporation, Gerrity Oil & Gas Corporation ...... 96±0965 02/09/96 Southern California Physicians Insurance Exchange, Citicorp, FG Insurance Corporation and FG Casualty Company ...... 96±0969 02/09/96 Wolseley plc, John M. Denlinger, Denlinger, Inc ...... 96±0970 02/09/96 Madison Dearborn Capital Partners, L.P., New River Holding, Inc., New River Holding, Inc ...... 96±0976 02/09/96 Detection Systems, Inc., Expamet International PLC (a British company), Radionics, Inc ...... 96±0979 02/09/96 EXOR Group S.A., New River Holdings, Inc., New River Holdings, Inc ...... 96±0984 02/09/96 The 1818 Fund II, L.P., New River Holding, Inc., New River Holding, Inc ...... 96±0985 02/09/96 Philip S. Niarchos, RCPI Holdings Inc. (a Newco), RCPI Holdings Inc ...... 96±0990 02/09/96 Spyros S. Niarchos, RCPI Holdings Inc. (a Newco), RCPI Holdings Inc ...... 96±0991 02/09/96 First Union Corporation, Gerald L. Kilcoyne, Northbrook Rail Corporation ...... 96±0997 02/09/96 Ronald M. Cameron, Piedmont Poultry Company, Inc., Piedmont Poultry Company ...... 96±0999 02/09/96 AMP Incorporated, Robert M. Bretholtz, Madison Cable Corp. and assets of Jared Associates ...... 96±1002 02/09/96 AMP Incorporated, Harold N. Cotton, Madison Cable Corp. and assets of Jared Associates ...... 96±1003 02/09/96

FOR FURTHER INFORMATION CONTACT: future advertising campaigns. Azrak- SUPPLEMENTARY INFORMATION: Pursuant Sandra M. Peay or Renee A. Horton, Hamway, which distributes toys to Section 6(f) of the Federal Trade Contact Representatives, Federal through its Remco Toys Division, is also Commission Act, 38 Stat. 721, 15 U.S.C. Trade Commission, Premerger required to notify television stations 46 and Section 2.34 of the Commission’s Notification Office, Bureau of that ran its allegedly deceptive ads of Rules of Practice (16 CFR 2.34), notice Competition, Room 303, Washington, the FTC action, to advise television is hereby given that the following D.C. 20580, (202) 3100. stations of the availability of guidelines consent agreement containing a consent By Direction of the Commission. for screening children’s advertising, and order to cease and desist, having been Donald S. Clark, to offer a refund to customers who filed with and accepted, subject to final bought its Steel Tec toy vehicles. The approval, by the Commission, has been Secretary. consent agreement settles allegations placed on the public record for a period [FR Doc. 96–3930 Filed 2–21–96; 8:45 am] stemming from the advertising and of sixty (60) days. Public comment is BILLING CODE 6750±01±M marketing of Azrak-Hamway invited. Such comments or views will International’s line of Steel Tec toy be considered by the Commission and [File No. 952±3188] vehicles. will be available for inspection and DATES: Comments must be received on copying at its principal office in Azrak-Hamway International, Inc., or before April 22, 1996. accordance with Section 4.9(b)(6)(ii) of Marvin Azrak, Ezra Hamway; Consent the Commission’s Rules of Practice (16 Agreement With Analysis To Aid ADDRESSES: Comments should be CFR 4.9(b)(6)(ii)). Public Comment directed to: FTC/Office of the Secretary, Room 159, 6th Street and Pennsylvania United States of America Before AGENCY: Federal Trade Commission. Avenue, NW., Washington, D.C. 20580. Federal Trade Commission ACTION: Consent agreement. FOR FURTHER INFORMATION CONTACT: In the matter of: Azrak-Hamway International, Inc., a corporation, and Marvin SUMMARY: In settlement of alleged Toby Milgrom Levin, Federal Trade Azrak and Ezra Hamway, individually and as violations of federal law prohibiting Commission, S–4002, 6th and officers of said corporation. File No. 952 unfair acts and practices and unfair Pennsylvania Avenue NW., Washington, 3188. methods of competition, this consent DC 20580, (202) 326–3156. Agreement Containing Consent Order agreement, accepted subject to final Joel Winston, Federal Trade To Cease and Desist Commission approval, would bar the Commission, S–4002, 6th and New York City-based corporation from Pennsylvania Avenue NW., The Federal Trade Commission, using deceptive demonstrations and Washington, DC 20580. (202) 326– having initiated an investigation of certain other misrepresentations in 3153. certain acts and practices of Azrak- 6842 Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices

Hamway International, Inc., a in the draft of complaint here attached, commerce, as ‘‘commerce’’ is defined in corporation, and Marvin Azrak and Ezra or that the facts as alleged in the draft the Federal Trade Commission Act, do Hamway, individually and as officers of complaint, other than the jurisdictional forthwith cease and desist from: said corporation (‘‘proposed facts, are true. A. In connection with any respondents’’), and it now appearing 6. This agreement contemplates that, advertisement or package depicting a that proposed respondents are willing to if it is accepted by the Commission, and demonstration, experiment or test, enter into an agreement containing an if such acceptance is not subsequently making any representation, directly or order to cease and desist from the use withdrawn by the Commission pursuant by implication, that the demonstration, of the acts and practices being to the provisions of § 2.34 of the picture, experiment or test depicted in investigated, Commission’s Rules, the Commission the advertisement or package proves, It is hereby agreed by and between may, without further notice to proposed demonstrates or confirms any material Azrak-Hamway International, Inc., by its respondents, (1) issue its complaint quality, feature or merit of any toy when duly authorized officer, and Marvin corresponding in form and substance such demonstration, picture, Azrak and Ezra Hamway, individually with the draft of complaint here experiment or test does not prove, and as officers of said corporation, and attached and its decision containing the demonstrate or confirm the their attorney, and counsel for the following order to cease and desist in representation for any reason, including Federal Trade Commission that: disposition of the proceeding and (2) but not limited to: 1. Proposed respondent Azrak- make information public in respect 1. The undisclosed use or substitution Hamway International, Inc. is a thereto. When so entered, the order to of a material mock-up or prop; corporation organized, existing, and cease and desist shall have the same 2. The undisclosed material alteration doing business under and by virtue of force and effect and may be altered, in a material characteristic of the the laws of the State of New York, with modified, or set aside in the same advertised toy or any other material its office and principal place of business manner and within the same time prop or device depicted in the located at 1107 Broadway, New York, provided by statute for other orders. The advertisement; or New York 10010. order shall become final upon service. 3. The undisclosed use of a visual Proposed respondents Marvin Azrak Delivery by the U.S. Postal Service of perspective or camera, film, audio or and Ezra Hamway are owners and the complaint and decision containing video technique; that, in the context of officers of Azrak-Hamway International, the agreed-to order to proposed the advertisement as a whole, materially Inc. They formulate, direct and control respondents’ address as stated in this misrepresents a material characteristic the policies, acts and practices of said agreement shall constitute service. of the advertised toy or any other corporation and their address is the Proposed respondents waive any right material aspect of the demonstration or same as that of said corporation. they may have to any other manner of depiction. 2. Proposed respondents admit all the service. The complaint may be used in Provided, however, that jurisdictional facts set forth in the draft construing the terms of the order, and notwithstanding the foregoing, nothing of complaint here attached. no agreement, understanding, in this order shall be deemed to 3. Proposed respondents waive: representation, or interpretation not otherwise preclude the use of fantasy (a) Any further procedural steps; contained in the order or in the segments or prototypes which use (b) The requirement that the agreement may be used to vary or otherwise is not deceptive. Commission’s decision contain a contradict the terms of the order. B. Misrepresenting, directly or by statement of findings of fact and 7. Proposed respondents have read implication, any performance conclusions of law; and the proposed complaint and order characteristic of any toy. (c) All rights to seek judicial review contemplated hereby. Proposed C. Misrepresenting the number of toys or otherwise to challenge or contest the respondents understand that once the contained in, or that can be constructed validity of the order entered pursuant to order has been issued, they will be with the parts contained in, the package. this agreement. 4. This agreement shall not become required to file one or more compliance II reports showing that they have fully part of the public record of the It is further ordered that for three (3) complied with the order. Proposed proceeding unless and until it is years after the last date of dissemination respondents further understand that accepted by the Commission. If this of any representation covered by this they may be liable for civil penalties in agreement is accepted by the order, respondent Azrak-Hamway the amount provided by law for each Commission, it, together with the draft International, Inc., or its successors and violation of the order after it becomes of complaint contemplated thereby, will assigns, shall maintain and upon final. be placed on the public record for a request make available to the Federal period of sixty (60) days and Order Trade Commission or its staff for information in respect thereto publicly inspection and copying: I released. The Commission thereafter A. All materials that were relied upon may either withdraw its acceptance of It is ordered that respondents, Azrak- in disseminating such representation; this agreement and so notify the Hamway International, Inc., a B. Any and all videotapes, in proposed respondents, in which event it corporation, its successors and assigns, complete as well as unedited form, and will take such action as it may consider and its officers, and Marvin Azrak and any and all still photographs taken appropriate, or issue and serve its Ezra Hamway, individually and as during the production of any complaint (in such form as the officers of said corporation, and advertisement depicting a circumstances may require) and respondents’ agents, representatives and demonstration, experiment, or test; decision in disposition of the employees, directly or through any C. Any and all affidavits or proceeding. corporation, subsidiary, division or certifications submitted by an employee, 5. This agreement is for settlement other device, in connection with the agent or representative of respondent to purposes only and does not constitute manufacturing, labeling, advertising, a television network or to any other an admission by proposed respondents promotion, offering for sale, sale, or individual or entity, which affidavit or that the law has been violated as alleged distribution of any toy in or affecting certification affirms the accuracy or Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices 6843 integrity of a demonstration or completed application form appended the purchase price. ‘‘Steel Tec toy(s)’’ demonstration techniques contained in to the Notice of Refund Offer to shall mean any of the toys identified in an advertisement; and respondents or who otherwise requests Appendix A to this order. ‘‘Substantial D. Any toy, as well as the packaging a refund in writing, and who returns the portion’’ of the toy shall mean a for any toy, involved in such toy(s), or a substantial portion of the majority of the parts, including the representation. toy(s), to respondents within one battery pack, if such is part of the toy. III hundred eighty days (180) from the date of service of this order. The amount of IV It is further ordered that respondent the refund shall equal the sum of the Azrak-Hamway International, Inc., or its It is further ordered that respondent price for the toy(s) as set forth in Azrak-Hamway International, Inc., or its successors and assigns, shall offer Appendix A to this order and the actual refunds to purchasers of any Steel Tec successors and assigns, shall within cost of postage for returning the toy(s). sixty (60) days after the date of service toy(s) in accordance with the provisions Respondents shall send refund checks of this Part. of this order send by certified mail, by first-class mail, postage prepaid return receipt requested, to the station A. Within fifteen (15) days from the within fifteen (15) business days after date of service of this order, respondents president or manager of each television respondents receive the returned toy(s) station that aired any advertisement that shall compile a mailing list containing from the purchaser. The envelope was the subject of the complaint issued the name and last known address of containing the refund check shall be in in this matter, as identified in Appendix each purchaser in respondents’ the form set forth in Appendix D to this F to this order, a copy of the letter set possession or control. This list shall order. forth in Appendix E to this order. include all purchasers who have F. Respondents shall notify any contacted respondents, either in writing purchaser who applies for a refund but V or by telephone, regarding a Steel Tec fails to return the Steel Tec toy or to toy. Within sixty (60) days from the date otherwise apply properly of any error in It is further ordered that respondent of service of this order, respondents the purchaser’s refund application, and Azrak-Hamway International, Inc., or its shall provide Commission staff with a shall provide a reasonable opportunity successors and assigns, shall within computer print-out copy of the mailing for the purchaser to rectify any such thirty (30) days after service of this list, as well as provide the list in error. order, provide a copy of this order to its computer readable form, in standard G. Within two hundred forty (240) current principals, officers, directors, MS-DOS diskettes or IBM-mainframe days from the date of service of this and managers, and to all personnel, compatible tape. order, respondents shall furnish to agents, and representatives having sales, B. Within sixty (60) days from the Commission staff the following: advertising, or policy responsibility date of service of this order, respondents 1. In computer readable form with respect to the subject matter of this shall send via first-class mail, postage (standard MS-Dos diskettes or IBM- order. prepaid, a Notice of Refund Offer in the mainframe compatible tape) and in form set forth in Appendix B to this computer print-out form, a list of the VI order, to all purchasers listed on the names and addresses of all consumers It is further ordered that respondents mailing list required by subpart A of who were sent refund checks pursuant Marvin Azrak and Ezra Hamway shall, this Part. to Part III of this order, and for each for a period of ten (10) years from the C. Respondents shall also send via name included on the list, the amount, date of entry of this order, notify the first-class mail, a postage prepaid, a check number and mailing date of every Commission within thirty (30) days of Notice of Refund Offer, in the form set refund check sent; the discontinuance of their present forth in Appendix B to this order, to all 2. In computer readable form business or employment and of their purchasers who contact respondents or (standard MS-Dos diskettes or IBM- affiliation with any new business or the Commission in any manner within mainframe compatible tape) and in employment. Each such notice of one hundred twenty (120) days from the computer print-out form, a list of the affiliation with any new business or date of service of this order. Each names and addresses of all consumers employment shall include the mailing shall be made within fifteen who contacted respondents or were respondent’s new business address and (15) business days after respondents referred to respondents by the telephone number, current home receive the purchaser’s name and Commission in accordance with subpart address, and a statement describing the address. C of this Part; nature of the business or employment D. No information other than that 3. Copies of all correspondence and and his duties and responsibilities. contained in Appendix B shall be other communications to, from, or included in or added to the Notice of concerning all consumers who VII Refund Offer, nor shall any other requested a refund but were refused, material be transmitted therewith. The and the reason(s) for denying the It is further ordered that respondent envelope containing the Notice of refund; Azrak-Hamway International, Inc. shall Refund Offer shall be in the form set 4. All Notices of Refund Offer notify the Federal Trade Commission at forth in Appendix C to this order. For returned to respondents as least thirty (30) days prior to any each mailing returned by the U.S. Postal undeliverable; and proposed change in its corporate Service as undeliverable for which 5. All other documents and records structure, including but not limited to respondents thereafter obtain a evidencing efforts made and actions dissolution, assignment, or sale corrected address, respondents shall, taken by respondents to identify, locate, resulting in the emergence of a within fifteen (15) business days after contact and provide refunds to successor corporation, the creation or receiving the corrected address, send a consumers requesting a refund. dissolution of subsidiaries of affiliates, Notice of Refund Offer to the corrected For purposes of this Part, ‘‘purchaser’’ the planned filing of a bankruptcy address. shall mean any person who has petition, or any other corporate change E. Respondents shall send a refund purchased a Steel Tec toy and who has that may affect compliance obligations check to each purchaser who returns the not previously received a full refund of arising out of this order. 6844 Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices

VIII B. This order’s application to any not terminate between the date such This order will terminate twenty (20) respondent that is not named as a complaint is filed and the later of the years from the date of its issuance, or defendant in such complaint; and deadline for appealing such dismissal or twenty (20) years from the most recent C. This order if such complaint is ruling and the date such dismissal or date that the United States or the filed after the order has terminated ruling is upheld on appeal. Federal Trade Commission files a pursuant to this paragraph. IX complaint (with or without an Provided further, that if such accompanying consent decree) in complaint is dismissed or a federal It is further ordered that respondents federal court alleging any violation of court rules that the respondent did not shall, within sixty (60) days after service the order, whichever comes later; violate any provision of the order, and of this order, and at such other times as provided, however, that the filing of the dismissal or ruling is either not the Federal Trade Commission may such a complaint will not affect the appealed or upheld on appeal, then the require, file with the Commission a duration of: order will terminate according to this report, in writing, setting forth in detail A. Any paragraph in this order that paragraph as though the complaint was the manner and form in which they terminates in less than twenty years; never filed, except that the order will have complied with this order.

APPENDIX A.ÐSTEEL TEC TOYS SUBJECT TO THE REFUND OFFER

Refund Toy or toy set amount

Helicopter (not battery operated): Helicopter (packaged individually)(System 203/item #7009) ...... $8.99 Starter Set Copters (System 151/item #7085) ...... 14.99 Street and Flying Vehicles (System 203/item #7000) ...... 8.99 Helicopter (battery operated): Road & Air Vehicles Plus Walking Robot Set (System 305/item #7022) ...... 39.99 Construction & Road Vehicles Set (System 202/item #7010) ...... 19.99 Road & Air Vehicles Set (System 307/item #7020) ...... 29.99 Road, Rail and Air Vehicles Set (System 302/item #7024) ...... 34.99 Formula 1 race car: Road & Air Vehicles Set (System 307/item #7020) ...... 29.99 Road & Air Vehicles Plus Waling Robot Set (System 395/item #7022) ...... 39.99 Off road super sport: Road & Air Vehicles Set (System 307/item #7020) ...... 29.99 Construction Vehicles Set (System 306/item #7021) ...... 29.99 Road & Air Vehicles Plus Walking Robot Set (System 305/item #7022) ...... 39.99 Sand buggy: Road & Air Vehicles Set (System 307/item #7020) ...... 29.99 Road & Air Vehicles Plus Walking Robot Set (System 305/item #7022) ...... 39.99 Road, Rail and Air Vehicles Set (System 302/item #7024) ...... 34.99 Excavating and Land Vehicles Set (System 303/item #7025) ...... 24.99 Dump truck (not battery operated): Street and Flying Vehicles (System 202/item #7000) ...... 8.99 Construction and Road Vehicles (System 202/item #7010) ...... 19.99 Dump truck (battery operated): Heavy Machinery/Construction Vehicles Plus Walking Dinosaur Set (System 304/item #7023) ...... 39.99 Dozer (bulldozer): Construction Vehicles Set (System 306/item #7021 ...... 29.99 Road & Air Vehicles Plus Walking Robot Set (System 305/item #7022) ...... 39.99 Heavy Machinery/Construction Vehicles Plus Walking Dinosaur Set (System 304/item #7023) ...... 39.99 Excavating and Land Vehicles Set (System 303/item #7025) ...... 24.99 Harley-Davidson Motorcycles Set (not battery operated): (System 201/item #7090) ...... 34.99 Harley-Davidson Motorcycles Set (battery operated): (System 301item #7091) ...... 44.99 Hypersonic jet fighter: Power Command Center/Value Pack: including Fighter Jet, Power Wrench and Storage Case (item #7031) ...... 19.99 Power Command Center/Value Pack: including Fighter Jet and Power Wrench but without Storage Case (item #7031A) ...... 12.49 Power Command Center/Value Pack: including Fighter Jet and Storage Case but without Power Wrench item #7031B) ...... 12.49 Power Command Center/Value Pack: without Power Wrench and Storage Case [returning Fighter Jet only] (item #7031C) ...... 4.99 Starter Set Airplanes Assortment (System 151/item #7085) ...... 14.99

Appendix B.—Notice of Refund Offer toy vehicles flying, driving or moving in (1) Check the attached list to make sure Dear Remco Toys Customer: ways that they cannot actually do. Although that the toy you bought is included in this YOU MAY BE ENTITLED TO A CASH we don’t believe that our ads were deceptive, refund offer. REFUND. We understand that you may have we have agreed to give a full refund to all (2) Return the toy(s), assembled or bought one or more Steel Tec Toys. We eligible purchasers who return the toy and unassembled, including the battery pack, if it recently settled a dispute with the Federal ask for their money back. is part of the toy. The original packaging is Trade Commission about allegedly deceptive To get a refund, here’s what you need to not required. advertising for Steel Tec Toys. The FTC do: (3) Fill out the attached form. Then send alleges that certain Steel Tec ads showed the the form and the toy back to us by first-class Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices 6845 mail. To be eligible for a refund, you must form. If you have any questions, please call Deadline: (Date Certain 180 Days After send us the toy by [DATE CERTAIN 180 1–800–243–2961. Date of Service of the Order) DAYS AFTER THE DATE OF SERVICE OF President, For Office Use Only: THE ORDER]. Remco Toys. Date Received llllllllllllll (4) For every eligible toy you return, we’ll Toy Received llllllllllllll send you a check for the price of the toy as Detach and Return This Form With the Toy Postage Paid llllllllllllll stated on the attached list and the return llllllllllllllllll Name Receiver llllllllllllllll postage. We’ll send you a refund check llllllllllllll Street Address Refund $ llllllllllllllll within 15 business days of receiving the toy. llllllllllllll City/State/Zip Approved by llllllllllllll If you believe that you were not deceived lllll by the alleged deceptive advertising and you Name of Steel Tec Toy or Toy Set Check Date lllllllllllllll are satisfied with your Steel Tec toy, you are Return this form and the toy by first-class Check # lllllllllllllllll not required to return the toy for a refund. mail to: Steel Tec Toy Refund, Remco Toys, Check $ lllllllllllllllll To get your refund, please make sure to 36 W. 25th Street, New York, New York Mailing Date llllllllllllll write your correct address on the attached 10016.

STEEL TEC TOYS SUBJECT TO THE REFUND OFFER

Refund Toy or toy set amount

Helicopter (not battery operated): Helicopter (packaged individually) (System 203/item #7009) ...... $8.99 Starter Set Copters (System 151/item #7085) ...... 14.99 Street and Flying Vehicles (System 203/item #7000) ...... 8.99 Helicopter (battery operated): Road & Air Vehicles Plus Walking Robot Set (System 305/item #7022) ...... 39.99 Construction & Road Vehicles Set (System 202/item #7010) ...... 19.99 Road & Air Vehicles Set (System 307/item #7020) ...... 29.99 Road, Rail and Air Vehicles Set (System 302/item #7024) ...... 34.99 Formula 1 race car: Road & Air Vehicles Set (System 307/item #7020) ...... 29.99 Road & Air Vehicles Plus Walking Robot Set (System 305/item #7022) ...... 39.99 Off road super sport: Road & Air Vehicles Set (System 307/item #7020) ...... 29.99 Construction Vehicles Set (System 306/item #7021) ...... 29.99 Road & Air Vehicles Plus Walking Robot Set (System 305/item #7022) ...... 39.99 Sand buggy: Road & Air Vehicles Set (System 307/item #7020) ...... 29.99 Road & Air Vehicles Plus Walking Robot Set (System 305/item #7022) ...... 39.99 Road, Rail and Air Vehicles Set (System 302/item #7024) ...... 34.99 Excavating and Land Vehicles Set (System 303/item #7025) ...... 24.99 Dump truck (not battery operated): Street and Flying Vehicles (System 203/item #7000) ...... 8.99 Construction and Road Vehicles (System 202/item #7010) ...... 19.99 Dump truck (battery operated): Heavy Machinery/Construction Vehicles Plus Walking Dinosaur Set (System 304/item #7023) ...... 39.99 Dozer (bulldozer): Construction Vehicles Set (System 306/item #7021) ...... 29.99 Road & Air Vehicles Plus Walking Robot Set (System 305/item #7022) ...... 39.99 Heavy Machinery/Construction Vehicles Plus Walking Dinosaur Set (System 304/item #7023) ...... 39.99 Excavating and Land Vehicles Set (System 303/item #7025) ...... 24.99 Harley-Davidson motorcycles set (not battery operated): (System 201/item #7090) ...... 34.99 Harley-Davidson motorcycles set (battery operated): (System 301/item #7091) ...... 44.99 Hypersonic jet fighter: Power Command Center/Value Pack: including Fighter Jet, Power Wrench and Storage Case (item #7031) ...... 19.99 Power Command Center/Value Pack: including Fighter Jet and Power Wrench but without Storage Case (item #7031A) ...... 12.49 Power Command Center/Value Pack: including Fighter Jet and Storage Case but without Power Wrench (item #7031B) ...... 12.49 Power Command Center/Value Pack: without Power Wrench and Storage Case [returning Fighter Jet only] (item #7031C) ...... 4.99 Starter Set Airplanes Assortment (System 151/item #7085) ...... 14.99

Appendix C.—Refund Notice Letter ATTENTION: IMPORTANT REFUND Window Envelope Envelope INFORMATION INSIDE (indicates a check is enclosed) Forwarding and Return Postage Appendix E Guaranteed: Remco Toys, 36 W. 25th Street, Appendix D.—Refund Check Envelope New York, New York 10016 (Azrak-Hamway stationery) Forwarding and Return Postage Window Envelope Dear Station President/Manager: This letter Guaranteed: Remco Toys, 36 W. 25th Street, notifies you that Azrak-Hamway [The following statement is to appear in a New York, New York 10016 International, Inc. (‘‘Azrak-Hamway’’) has box, on the left hand side of the envelope in entered into a consent agreement with the red, in extra large, bold type face] Federal Trade Commission (‘‘FTC’’) regarding certain advertising for its Remco Toys Steel 6846 Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices

Tec toy line. We have agreed as part of the APPENDIX F.ÐLIST OF TELEVISION APPENDIX F.ÐLIST OF TELEVISION settlement to send you this letter. It will STATIONS TO RECEIVE LETTERÐ STATIONS TO RECEIVE LETTERÐ advise you of how you may obtain information recognized by many Continued Continued organizations as useful in reviewing children’s advertising to avoid misleading Station Channel Location Station Channel Location the public. The FTC complaint in this matter alleges KHTV±TV ...... 39 Houston, TX. WPHL±TV ...... 17 Philadelphia, that advertisements for the Steel Tec toys KITN±TV ...... 29 Minneapolis-St. PA. included false demonstrations and Paul, MN. WPIX±TV ...... 11 New York, NY. representations of the performance of the KLGT±TV ...... 23 Minneapolis-St. WPTT±TV ...... 22 Pittsburgh, PA. depicted toys. More specifically, the FTC Paul, MN. WPWR±TV ...... 60 Chicago, IL. alleges that the ads depicted Steel Tec KMSP±TV ...... 09 Minneapolis-St. WSBK±TV ...... 38 Boston, MA. vehicles driving, flying, or otherwise moving Paul, MN. WSTR±TV ...... 64 Cincinnati, OH. in ways they cannot do in actual use. Azrak- KNXV±TV ...... 15 Phoenix-Flag- WSYT±TV ...... 68 Syracuse, NY. Hamway does not admit to the alleged staff, AZ. WTBS±TV ...... 17 Atlanta, GA violations. The FTC action does not allege KOKH±TV ...... 25 Oklahoma City, WTEN±TV ...... 10 Albany- any liability on the part of the television OK. Schenectedy, stations that broadcast our ads. KPDX±TV ...... 49 Portland, OR. NY. Under Section 5 of the Federal Trade KPLR±TV ...... 11 St. Louis, MO. WTIC±TV ...... 61 Hartford-New Commission Act (15 U.S.C. § 45), advertisers KPHO±TV ...... 05 Phoenix-Flag- Haven, CT. are prohibited from disseminating false or staff, AZ. WTOG±TV ...... 44 Tampa-St. Pe- deceptive advertising. As you may be aware, KPRC±TV ...... 02 Houston, TX. tersburg, FL. the advertising industry has undertaken KPRL±TV ...... 11 St. Louis, MO. WTTG±TV ...... 05 Washington, various self-regulatory efforts to assist KSHB±TV ...... 41 Kansas City, DC. WTTV±TV ...... 04 Indianapolis, companies to comply with the law and to MO. KSMO±TV ...... 62 Kansas City, IN. promote other industry goals. The Children’s MO. WTVZ±TV ...... 33 Norfolk- Advertising Review Unit (‘‘CARU’’) was KSTU±TV ...... 20 Salt Lake City, Portsmith, established in 1974 by the advertising UT. VA. industry to promote responsible children’s KSTW±TV ...... 11 Seattle-Ta- WTXF±TV ...... 29 Philadelphia, advertising and to respond to public coma, WA. PA. concerns. CARU reviews and evaluates child- KTLA±TV ...... 05 Los Angeles, WUAB±TV ...... 43 Cleveland- directed advertising in all media. It is not CA. Akron, OH. affiliated with the Federal Trade KTTV±TV ...... 11 Los Angeles, WXIX±TV ...... 19 Cincinnati, OH. Commission, but is part of the Council of CA. WXMI±TV ...... 17 Grand Rapids- Better Business Bureaus. KTVD±TV ...... 20 Denver, CO. Kalamazoo, CARU has issued Guidelines on Children’s KTVT±TV ...... 11 Dallas-Ft. MI. Advertising that many industry members use Worth, TX. WXON±TV ...... 62 Detroit, MI. to screen child-directed advertising. The KTXH±TV ...... 20 Houston, TX. WYFF±TV ...... 04 Greenville- Guidelines address many issues relating to KWGN±TV ...... 02 Denver, CO. Asheville- advertising to children, some of which WBFS±TV ...... 33 Miami-Ft. Lau- Spartanburg, include deceptive advertising. For additional derdale, FL. NC. information regarding the CARU Guidelines, WCCB±TV ...... 18 Charlotte, NC. WZTV±TV ...... 17 Nashville, TN. or a copy of the Guidelines, you may write WCNC±TV ...... 36 Charlotte, NC. to Elizabeth Lascoutx, Esq., Director of WFLD±TV ...... 32 Chicago, IL. Analysis of Proposed Consent Order to CARU, at 845 Third Avenue, New York, N.Y. WFXI±TV ...... 08 Greenville, New 10022, or call her at (212) 705–0111. Bern-Wash- Aid Public Comment If you need further information regarding ington, NC. The Federal Trade Commission has deceptive advertising under the Federal WFXT±TV ...... 25 Boston, MA. accepted an agreement to a proposed Trade Commission Act, you may write to WGBS±TV ...... 57 Philadelphia, Dean C. Forbes, Esq., Division of Advertising consent order from Azrak-Hamway, PA. International, Inc. (‘‘Azrak-Hamway’’), Practices, Federal Trade Commission, 6th WGN±TV ...... 09 Chicago, IL. and Pennsylvania Ave., N.W., Washington, WGNX±TV ...... 46 Atlanta, GA. and Marvin Azrak and Ezra Hamway, D.C. 20580, or call him at (202) 326–2831. WGRZ±TV ...... 02 Buffalo, NY. officers of Azrak-Hamway. Sincerely, WHNS±TV ...... 21 Greenville- The proposed consent order has been lllllllllllllllllllll Asheville- placed on the public record for sixty [Azrak-Hamway representative to be Spartanburg, (60) days for reception of comments by identified] NC. interested persons. Comments received WIVB±TV ...... 04 Buffalo, NY. during this period will become part of WJZY±TV ...... 03 Charlotte, NC. APPENDIX F.ÐLIST OF TELEVISION the public record. After sixty (60) days, WKBD±TV ...... 50 Detroit, MI. the Commission will again review the STATIONS TO RECEIVE LETTER WKCF±TV ...... 18 Orlando-Day- tona, FL. agreement and the comments received Station Channel Location WKFT±TV ...... 40 Raleigh-Dur- and will decide whether it should ham, NC. withdraw from the agreement or make KABB±TV ...... 29 San Antonio, WKRN±TV ...... 02 Nashville, TN. final the agreement’s proposed order. TX. WLBZ±TV ...... 02 Bangor, ME. The Commission’s complaint in this KCAL±TV ...... 09 Los Angeles, WLFL±TV ...... 22 Raleigh-Dur- matter charges Azrak-Hamway with CA. ham, NC. engaging in deceptive advertising of the KCPQ±TV ...... 13 Seattle-Ta- WLVI±TV ...... 56 Boston, MA. ‘‘Steel Tec Construction System’’ line of coma, WA. WNUV±TV ...... 54 Baltimore, MD. KDAF±TV ...... 33 Dallas-Ft. WOFL±TV ...... 35 Orlando-Day- toys, which are marketed by Azrak- Worth, TX. tona, FL. Hamway’s Remco Toy Division. The KDEB±TV ...... 27 Springfield, WOIO±TV ...... 19 Cleveland- complaint challenges television MO. Akron, OH. advertisements and packaging for eight KDNL±TV ...... 30 St. Louis, MO. WPGH±TV ...... 53 Pittsburgh, PA. Steel Tec toys, which represent that Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices 6847 these toys can move and operate in the advertised toy or any other material [File No. 961 0018] various ways unaided. According to the prop or device depicted in the complaint, the television advertisements advertisement; or (3) the undisclosed Hughes Danbury Optical Systems, Inc., and packaging for the motorized use of a visual perspective or camera, Hughes Electronics Corporation, General Motors Corporation; Consent helicopter, the ‘‘Formula 1’’ race car, the film, audio or video technique. Part IA Agreement With Analysis to Aid Public ‘‘Off Road Super Sport’’ vehicle, the also states that the order does not Comment ‘‘Sand Buggy’’ vehicle, the ‘‘Harley- preclude the use of fantasy segments or  Davidson Electra Glide’’ motorcycle, prototypes which are otherwise not AGENCY: Federal Trade Commission. the ‘‘Hypersonic Fighter’’ plane, the deceptive. Part IB prohibits the ACTION: Consent Agreement. ‘‘Dozer’’ vehicle, and the ‘‘Dump Truck’’ respondents from misrepresenting any vehicle represented that the performance characteristic of any toy. SUMMARY: This Consent Agreement, demonstrations of these toys flying, Part IC prohibits the respondents from accepted subject to final Commission driving, or moving in the manners misrepresenting the number of toys approval, settles alleged violations of depicted in the ads were unaltered and contained in, or that can be constructed federal law prohibiting unfair or that the results shown accurately with the parts contained in, the package. deceptive acts or practices and unfair represent the performance of the actual, methods of competition arising from the unaltered toys under the depicted Part II requires the respondents to purchase of the business and selected conditions. This representation is maintain certain records and materials assets of the Itek Optical Systems alleged to be false and misleading. relating to future representations Division of Litton Industries by Hughes According to the complaint, these toys covered by the order. Danbury Optical Systems, Inc. were suspended, pulled, and/or guided Part III sets forth a consumer redress (‘‘HDOS’’). The proposed complaint by monofilament wires, or a black tube program through which purchasers of alleges that the acquisition, if recessed out of view from the camera, the Steel Tec toys at issue in this matter consummated, would violate Section 7 held by humans off camera to create the may obtain a refund of the price of the of the Clayton Act, as amended, and advertised effects. In the case of the toy(s) plus postage upon return of the Section 5 of the Federal Trade motorized helicopter, the rotors were toy(s) to the company. The respondents Commission Act, as amended, in the also spun manually by humans off are required to mail an explanatory market for the research, development, camera to create the effect of motorized letter and refund application to all manufacture and sale of an Airborne spinning. purchaser names known to them and to Laser (‘‘ABL’’) system for use in the U.S. The complaint also alleges that the any others that contact them within one Air Force’s ABL program. The ABL respondents falsely represented that the hundred twenty (120) days after the program currently envisions developing above-listed toys can perform by flying, order is issued. an ABL system that would utilize a driving, or moving in the manners customized 747 aircraft to fly at high depicted. Part IV requires the respondents to altitudes near the forward edge of a The complaint also alleges that the send a letter to each television station battle area to locate and destroy respondents falsely represented that the that aired any of the challenged incoming short-range ballistic missiles. Steel Tec Off Road Super Sport vehicle, advertisements notifying those stations Two teams—with The Boeing Company  Sand Buggy vehicle, Harley-Davidson that Azrak-Hamway has entered into a and Rockwell International Corporation Electra Glide motorcycle, Dozer vehicle, consent agreement with the as the primary contractors—have been and Dump Truck vehicle can be used on Commission, and referring those awarded contracts to develop a concept dirt, sand, and similar surfaces. stations to the availability of the design for an ABL demonstrator. The According to the complaint, the Guidelines for Children’s Advertising proposed consent order would, among ‘‘Helpful Hints Manual’’ accompanying published by the Children’s Advertising other things, prohibit the respondents these products warns against using the Review Unit of the Council of Better from enforcing the exclusivity toys on these surfaces to avoid damage Business Bureaus, Inc. provisions contained in a teaming to the toys. Parts V through VII and IX relate to agreement—between HDOS and The complaint also alleges that the the respondents’ obligations to provide Xinetics, Inc.—so that Xinetics will be packaging for the challenged Steel Tec copies of the order to certain Azrak- free to supply the Boeing team with toy sets misrepresented that each Hamway officers and personnel; to deformable mirrors for the ABL package contains the number of parts notify the Commission of changes in program. The respondents have also required to build the number of toys corporate structure, or, in the case of the entered into an Interim Agreement with depicted on the package at the same individuals, changes in employment; the Commission in which they agreed to time. and to file compliance reports with the be bound by the proposed consent order The proposed consent order contains Commission. Part VIII provides that the as of February 9, 1996. provisions designed to remedy the order will terminate after twenty years DATES: violations charged and to prevent the Comments must be received on under certain circumstances. respondents from engaging in similar or before April 22, 1996. acts and practices in the future. The purpose of this analysis is to ADDRESSES: Comments should be Part IA of the order prohibits the facilitate public comment on the directed to: FTC/Office of the Secretary, respondents from misrepresenting that proposed order, and it is not intended Room H–159, Sixth Street and an advertised demonstration, picture, to constitute an official interpretation of Pennsylvania Avenue, NW., experiment or test proves, demonstrates the agreement and proposed order or to Washington, DC 20580. or confirms any material quality, feature modify in any way their terms. FOR FURTHER INFORMATION CONTACT: William J. Baer, FTC/H–374, or merit of any toy. Part IA enumerates By direction of the Commission. examples of such misrepresentations, Washington, DC 20580 (202) 326–2932; including: (1) the undisclosed use or Donald S. Clark, or Ann B. Malester, FTC/S–2308, substitution of a material mock-up or Secretary. Washington, DC 20580 (202) 326–2682. prop; (2) the undisclosed material [FR Doc. 96–4007 Filed 2–21–96; 8:45 am] SUPPLEMENTARY INFORMATION: Pursuant alteration in a material characteristic of BILLING CODE 6750±01±M to Section 6(f) of the Federal Trade 6848 Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices

Commission Act, 38 Stat. 721, 15 U.S.C. b. The requirement that the effect and may be altered, modified, or 46, and Section 2.34 of the Commission’s decision contain a set aside in the same manner and within Commission’s Rules of Practice (16 CFR statement of findings of fact and the same time provided by statute for 2.34), notice is hereby given that the conclusions of law; other orders. The order shall become following consent agreement containing c. All rights to seek judicial review or final upon service. Delivery by the U.S. a consent order to cease and desist, otherwise to challenge or contest the Postal Service of the complaint and having been filed with and accepted, validity of the order entered pursuant to decision containing the agreed-to order subject to final approval, by the this agreement; and to proposed respondents’ addresses as Commission, has been placed on the d. Any claim under the Equal Access stated in this agreement shall constitute public record for a period of sixty (60) to Justice Act. service. Proposed respondents waive days. Public comment is invited. Such 6. Proposed respondents shall submit any right they may have to any other comments or views will be considered within thirty (30) days of the date this manner of service. The complaint may by the Commission and will be available agreement is signed by proposed be used in construing the terms of the for inspection and copying at its respondents an initial report, pursuant order, and no agreement, understanding, principal office in accordance with to Section 2.33 of the Commission’s representation or interpretation not Section 4.9(b)(6)(ii) of the Commission’s Rules, signed by the proposed contained in the order or the agreement Rules of Practice (16 CFR 4.9(b)(6)(ii)). respondents setting forth in detail the may be used to vary or contradict the manner in which the proposed terms of the order. Agreement Containing Consent Order respondents will comply with 10. Proposed respondents have read The Federal Trade Commission (‘‘the Paragraph II and Paragraph III of the the draft of complaint and order Commission’’), having initiated an order when and if entered. Such report contemplated hereby. Proposed investigation of the acquisition of the will not become part of the public respondents understand that once the Itek Optical Systems Division of Litton record unless and until the order has been issued, they will be Systems, Incorporated (‘‘Itek’’), by accompanying agreement and order are required to file one or more compliance Hughes Danbury Optical Systems, accepted by the Commission. reports showing that they have fully 7. This agreement shall not become a Incorporated (‘‘HDOS’’), which is a complied with the order. Proposed part of the public record of the wholly-owned subsidiary of Hughes respondents further understand that proceeding unless and until it is Aircraft Company, which is a wholly- they may be liable for civil penalties in accepted by the Commission. If this owned subsidiary of Hughes Electronics the amount provided by law for each agreement is accepted by the Corporation (‘‘Hughes’’), which is a violation of the order after it becomes Commission it, together with the draft of wholly-owned subsidiary of General final. complaint contemplated thereby, will be Motors Corporation (‘‘GM’’), and it now placed on the public record for a period Order appears that HDOS, Hughes and GM, of sixty (60) days and information in hereinafter sometimes referred to as respect thereto publicly released. The I proposed respondents, are willing to Commission thereafter may either It is ordered that, as used in this enter into an agreement containing an withdraw its acceptance of this order, the following definitions shall order to refrain from certain acts and agreement and so notify proposed apply: providing for other relief: respondents, in which event it will take A. ‘‘HDOS’’ means Hughes Danbury It is hereby agreed by and between such action as it may consider Optical Systems, Inc., its officers, proposed respondents, by their duly appropriate, or issue and serve its employees, agents and representatives, authorized officers and attorneys, and complaint (in such form as the predecessors, successors, and assigns; counsel for the Commission that: circumstances may require) and its subsidiaries, divisions, groups and 1. Proposed respondent HDOS is a decision, in disposition of the affiliates controlled by HDOS, and the corporation organized, existing, and proceeding. respective officers, employees, agents, doing business under and by virtue of 8. This agreement is for settlement and representatives, successors and the laws of the State of Delaware, with purposes only and does not constitute assigns of each. its office and principal place of business an admission by proposed respondents B. ‘‘Hughes’’ means Hughes located at 100 Wooster Road, Danbury, that the law has been violated as alleged Electronics Corporation, its officers, Connecticut 06810. in the draft of complaint here attached, employees, agents and representatives, 2. Proposed respondent Hughes is a or that the facts as alleged in the draft predecessors, successors, and assigns; corporation organized, existing, and complaint, other than jurisdictional its subsidiaries, divisions, groups and doing business under and by virtue of facts, are true. affiliates controlled by Hughes, and the the laws of the State of Delaware, with 9. This agreement contemplates that, respective officers, employees, agents, its office and principal place of business if it is accepted by the Commission, and and representatives, successors and located at 7200 Hughes Terrace, Los if such acceptance is not subsequently assigns of each. Angeles, California 90045. withdrawn by the Commission pursuant C. ‘‘GM’’ means General Motors 3. Proposed respondent GM is a to the provisions of Section 2.34 of the Corporation, its officers, employees, corporation organized, existing, and Commission’s Rules, the Commission agents and representatives, doing business under and by virtue of may, without further notice to proposed predecessors, successors, and assigns; the laws of the State of Delaware, with respondents, (1) issue its complaint its subsidiaries, divisions, groups and its office and principal place of business corresponding in form and substance affiliates controlled by GM, and the located at 3044 W. Grand Blvd., Detroit, with the draft of complaint here respective officers, employees, agents, Michigan 48202. attached and its decision containing the and representatives, successors and 4. Proposed respondents admit all the following order to refrain from certain assigns of each. jurisdictional facts set forth in the draft acts in disposition of the proceeding, D. ‘‘Itek’’ means Itek Optical Systems of complaint here attached. and (2) make information public with Division of Litton Systems, 5. Proposed respondents waive: respect thereto. When so entered, the Incorporated, its officers, employees, a. Any further procedural steps; order shall have the same force and agents and representatives, Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices 6849 predecessors, successors, and assigns; III authorized representative of the its subsidiaries, divisions, groups and It is further ordered that: Commission: affiliates controlled by Itek, and the A. Respondents shall not receive, gain A. Access, during office hours and in respective officers, employees, agents, access to or in any manner obtain any the presence of counsel, to inspect and and representatives, successors and Non-Public ABL Information without copy all books, ledgers, accounts, assigns of each. the express written permission of correspondence, memoranda and other E. ‘‘Respondents’’ means HDOS, Lockheed Martin Corporation. records and documents in the Hughes and GM. B. Upon request from Lockheed possession or under the control of any F. ‘‘Commission’’ means the Federal Martin Corporation, Respondents shall Respondent relating to any matters Trade Commission. provide to Lockheed Martin Corporation contained in this order; and G. ‘‘Xinetics’’ means Xinetics any Non-Public ABL Information in a B. Upon five (5) days’ notice to any Incorporated, a corporation organized, timely fashion not to exceed seven (7) Respondent without restraint or existing and doing business under and days from the receipt of such request. interference from it, to interview by virtue of the laws of the Respondents may require payment for officers, directors, or employees of that Commonwealth of Massachusetts, with their own direct costs in providing such Respondent, who may have counsel its office and principal place of business information. present, regarding such matters. located at 410 Great Road #Α6, Littleton, IV Interim Agreement Massachusetts 01460. It is further ordered that Respondents This Interim Agreement is by and H. ‘‘Person’’ means any natural between Hughes Danbury Optical person, corporate entity, partnership, shall comply with all terms of the Interim Agreement, attached to this Systems, Incorporated (‘‘HDOS’’), association, joint venture, government Hughes Electronics Corporation entity, trust or other business or legal order and made a part hereof as Appendix I. (‘‘Hughes’’), and General Motors entity. Corporation (‘‘GM’’), three corporations I. ‘‘HDOS/Xinetics Letter of Intent’’ V organized and existing under the laws of means the Letter of Intent entered into It is further ordered that within sixty the State of Delaware (collectively on September 21, 1995, between HDOS (60) days of the date this order becomes referred to as ‘‘Proposed Respondents’’), and Xinetics in which HDOS expresses final and every sixty days thereafter for and the Federal Trade Commission (the its intention to use Xinetics as a the first year after this order becomes ‘‘Commission’’), an independent agency supplier of any Deformable Mirror final, and at such other times as the of the United States Government, which may be required for the Phillips Commission may require, Respondents established under the Federal Trade Laboratory Airborne Laser Program. shall file a verified written report with Commission Act of 1914, 15 U.S.C. § 41, J. ‘‘Phillips Laboratory Airborne Laser the Commission setting forth in detail et seq. (collectively, the ‘‘Parties’’). Program’’ is a United States Air Force the manner and form in which they Premises Advanced Technology Demonstration have complied and are complying with program to develop and then this order. Respondents shall include in Whereas, HDOS has proposed to demonstrate the necessary technologies their compliance reports, among other acquire the Itek Optical Systems to acquire, track, and destroy theater things that are required from time to Division of Litton Systems, Incorporated ballistic missiles during the boost phase time, a full description of the efforts (‘‘Itek’’); and of flight. being made to comply with Paragraph II Whereas, the Commission is now K. ‘‘Non-Public ABL Information’’ and Paragraph III of the order. investigating the proposed acquisition means any information not in the public Respondents shall include in their to determine if it would violate any of domain received or developed by Itek in compliance reports copies of all written the statutes the Commission enforces; its capacity as a subcontractor to communications, all internal and Lockheed Martin Corporation for the memoranda, and all reports and Whereas, if the Commission accepts Phillips Laboratory Airborne Laser recommendations concerning the Agreement Containing Consent Program. Non-Public ABL Information compliance with the provisions in Order (‘‘Consent Agreement’’), the shall not include: (i) information which Paragraph II and Paragraph III of the Commission will place it on the public subsequently falls within the public order. record for a period of at least sixty (60) domain through no violation of this days and subsequently may either order by Respondents, or (ii) VI withdraw such acceptance or issue and information which subsequently It is further ordered that Respondents serve its Complaint and decision in becomes known to Respondents not in shall notify the Commission at least disposition of the proceeding pursuant breach of a confidential disclosure thirty (30) days prior to any proposed to the provisions of Section 2.34 of the agreement. change in the corporate Respondents, Commission’s Rules; and II such as dissolution, assignment, sale Whereas, the Commission is resulting in the emergence of a concerned that if an understanding is It is further ordered that Respondents successor corporation, or the creation or not reached, preserving competition shall not enforce or attempt to enforce dissolution of subsidiaries or any other during the period prior to the final any provision contained in the HDOS/ change in the corporate Respondents acceptance of the Consent Agreement by Xinetics Letter of Intent, or take any that may affect compliance obligations the Commission (after the 60-day public other action, that would inhibit Xinetics arising out of the order. notice period), there may be interim from teaming or otherwise contracting competitive harm and divestiture or with any other person for the purpose VII other relief resulting from a proceeding of bidding on, designing, developing, It is further ordered that, for the challenging the legality of the proposed manufacturing, or supplying any part of purpose of determining or securing acquisition might not be possible, or the Phillips Laboratory Airborne Laser compliance with this order, might be less than an effective remedy; Program. Respondents shall permit any duly and 6850 Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices

Whereas, Proposed Respondents 6. For the purpose of determining or consummated, would violate Section 7 entering into this Interim Agreement securing compliance with this Interim of the Clayton Act, as amended, 15 shall in no way be construed as an Agreement, Proposed Respondents shall U.S.C. § 18, and Section 5 of the Federal admission by Proposed Respondents permit any duly authorized Trade Commission Act, as amended, 15 that the proposed acquisition representative of the Commission: U.S.C. § 45, in the market for the constitutes a violation of any statute; a. Access during office hours and in research, development, manufacture and the presence of counsel to inspect and and sale of an Airborne Laser system for Whereas, Proposed Respondents copy all books, ledgers, accounts, use in the U.S. Air Force’s Airborne understand that no act or transaction correspondence, memoranda, and other Laser program. contemplated by this Interim Agreement records and documents in the The Airborne Laser program is the shall be deemed immune or exempt possession or under the control of any premier anti-missile program in the from the provisions of the antitrust laws Proposed Respondent relating to any Department of Defense’s Theater Missile or the Federal Trade Commission Act by matters contained in this Interim Defense System. As currently reason of anything contained in this Agreement; and envisioned, the ABL system will utilize Interim Agreement. b. Upon five (5) days’ notice to any a customized 747 aircraft to fly at high Now, therefore, the Parties agree, Proposed Respondent and without altitudes near the forward edge of a upon the understanding that the restraint or interference from it, to battle area to locate and destroy Commission has not yet determined interview officers, directors, or incoming short-range ballistic missiles. whether the proposed acquisition will employees of that Proposed Respondent, The ABL system would intercept an be challenged, and in consideration of who may have counsel present, enemy missile during its launch or the Commission’s agreement that, at the regarding any such matters. boost phase by focusing a high energy 7. This Interim Agreement shall not time it accepts the Consent Agreement laser beam on the missile’s fuel tank to be binding until accepted by the for public comment, it will grant early rupture the tank and destroy the missile. Commission. termination of the Hart-Scott-Rodino Destruction of the missile during launch waiting period, as follows: Analysis of Proposed Consent Order to would cause the warhead to fall on 1. Proposed Respondents agree to Aid Public Comment enemy territory. If the ABL system works as planned, an enemy could find execute and be bound by the terms of The Federal Trade Commission the Order contained in the Consent it impossible to launch its missiles for (‘‘Commission’’) has accepted, subject to fear of contaminating its own territory Agreement, as if it were final, from the final approval, an agreement containing date the Consent Agreement is accepted with nuclear, chemical or biological a proposed Consent Order from General warheads. for public comment by the Commission. Motors Corporation, Hughes Electronics The ABL program is currently in the 2. Proposed Respondents agree to Corporation (‘‘Hughes’’), and Hughes Demonstrator Concept Design phase deliver within three (3) days of the date Danbury Optical Systems, Inc. (Phase I). Two teams have each been the Consent Agreement is accepted for (‘‘HDOS’’), collectively referred to as awarded $21.4 million contracts to public comment by the Commission, a ‘‘respondents.’’ The proposed Consent develop a concept design for an ABL copy of the Consent Agreement and a Order prohibits respondents from demonstrator. The prime contractors for copy of this Interim Agreement to the enforcing exclusivity provisions in a the two teams are The Boeing Company United States Department of Defense, teaming agreement between HDOS and (‘‘Boeing’’) and Rockwell International The Boeing Company, Lockheed Martin Xinetics Incorporated for the U.S. Air Corporation (‘‘Rockwell’’). The Air Corporation and Xinetics Incorporated. Force’s Airborne Laser (‘‘ABL’’) Force plans to release the Request For 3. Proposed Respondents agree to program. In addition, the proposed Proposal (‘‘RFP’’) for the building of an submit within thirty (30) days of the Consent Order prohibits respondents ABL demonstrator (Phase II) in May date the Consent Agreement is signed by from obtaining information not in the 1996. In January 1997, one of the two the Proposed Respondents, an initial public domain developed or obtained by teams will be awarded $700 million to report, pursuant to Section 2.33 of the the Itek Optical Systems Division of build the Phase II ABL demonstrator Commission’s Rules, signed by the Litton Systems, Inc., in its capacity as a based on its Phase I design. Proposed Respondents setting forth in member of the Boeing-Lockheed Martin Both Hughes and Itek are detail the manner in which the team for the ABL program without the participating in the ABL program. Proposed Respondents will comply with express written permission of Lockheed Hughes is exclusively teamed with Paragraph II and Paragraph III of the Martin Corporation. Rockwell. Itek is a member of the Consent Agreement. The proposed Consent Order has been Boeing team through an exclusive 4. Proposed Respondents agree that, placed on the public record for sixty teaming agreement with Lockheed from the date the Consent Agreement is (60) days for reception of comments by Martin. Both Hughes and Itek are accepted for public comment by the interested persons. Comments received responsible for designing and supplying Commission until the first of the dates during this period will become part of an adaptive optics system for their listed in subparagraphs 4.a and 4.b, they the public record. After sixty (60) days, respective teams. will comply with the provisions of this the Commission will again review the Both teams will utilize an adaptive Interim Agreement: agreement and the comments received, optics system as a part of their ABL a. Ten (10) business days after the and will decide whether it should demonstrator design to improve the Commission withdraws its acceptance withdraw from the agreement or make accuracy and intensity of the ABL’s of the Consent Agreement pursuant to final the agreement’s proposed Order. laser beam. Adaptive optics systems the provisions of Section 2.34 of the On September 26, 1995, HDOS compensate for distortions in light Commission’s Rules; entered into a letter of intent to waves caused by atmospheric b. The date the Commission issues its purchase the business and selected turbulence by recording and comparing Complaint and Decision and Order. assets of the Itek Optical Systems wavefront characteristics and feeding 5. Proposed Respondents waive all Division of Litton Industries, Inc. this information to an array of rights to contest the validity of this (‘‘Itek’’). The proposed complaint deformable mirrors. A deformable Interim Agreement. alleges that the acquisition, if mirror is a thin, flexible mirror Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices 6851 equipped with electromechanical Martin’s approval, information not in Toby Milgrom Levin, Federal Trade actuators. The mirror’s actuators the public domain that was developed Commission, S–4002, 6th and respond to an electrical signal from a or obtained by Itek in its capacity as a Pennsylvania Avenue, NW, Washington, computer and alter the mirror’s shape to member of the Boeing team for the ABL DC 20580. (202) 326–3156. counteract the distortions of the program. The purpose of this provision Joel Winston, Federal Trade atmosphere. Deformable mirrors are of the Consent Order is to ensure that Commission, S–4002, 6th and critical to the effective functioning of the Rockwell team will not have access Pennsylvania Avenue, NW, Washington, the adaptive optics system. to competitively sensitive information DC 20580. (202) 326–3153. There are only two viable relating to the technical design and cost SUPPLEMENTARY INFORMATION: Pursuant manufacturers of deformable mirrors for of the Boeing team’s adaptive optics the ABL, Itek and Xinetics. Itek has to Section 6(f) of the Federal Trade system for the ABL competition. Commission Act, 38 Stat. 721, 15 U.S.C. exclusively contracted with Lockheed In order to preserve competition in 46 and Section 2.34 of the Commission’s Martin to supply deformable mirrors to the market for the research, Rules of Practice (16 CFR 2.34), notice the Boeing team. Xinetics has development, manufacture and sale of is hereby given that the following exclusively contracted with Hughes to an Airborne Laser system for use in the consent agreement containing a consent supply deformable mirrors to the U.S. Air Force’s Airborne Laser program order to cease and desist, having been Rockwell team. during the period prior to the filed with and accepted, subject to final The standard Merger Guidelines entry Commission’s issuance of the Consent approval, by the Commission, has been analysis utilizing a two year time period Order (after the 60-day public notice placed on the public record for a period is not applicable to the ABL period), respondents have entered into of sixty (60) days. Public comment is competition. The ABL Phase I concept an Interim Agreement with the invited. Such comments or views will design review is scheduled to occur in Commission in which they agreed to be be considered by the Commission and March 1996 and the bids for Phase II are bound by the proposed Consent Order will be available for inspection and expected to be due in July of 1996. as of the date the Commission accepted copying at its principal office in Therefore, the only viable entrants are the proposed Consent Order for public accordance with Section 4.9(b)(6)(ii) of firms with the current capability to comment. the Commission’s Rules of Practice (16 supply deformable mirrors. Itek and The purpose of this analysis is to CFR 4.9(b)(6)(ii). Xinetics are the only firms that facilitate the public comment on the currently possess the expertise, proposed Order, and it is not intended United States of America Before personnel and facilities required to to constitute on official interpretation of Federal Trade Commission design and fabricate deformable mirrors. the agreement and proposed Order or to In the Matter of: Starwood Advertising, Respondents’ acquisition of Itek poses modify in any way their terms. serious antitrust concerns. Following Inc., a corporation, and Les Towne, Donald S. Clark, the acquisition, the Boeing-Lockheed individually and as an officer of said Martin team would not be able to Secretary. corporation. File No. 952 3481. replace Hughes/Itek as the supplier of [FR Doc. 96–4005 Filed 2–21–95; 8:45 am] Agreement Containing Consent Order its deformable mirrors for the ABL BILLING CODE 6750±01±M To Cease and Desist competition. This would allow Hughes The Federal Trade Commission, to: (1) increase the bid prices for the [File No. 952±3481] ABL competition by raising the price of having initiated an investigation of certain acts and practices of Starwood the deformable mirrors on both teams; Starwood Advertising, Inc., Les Towne; Advertising Inc., a corporation, and Les (2) decrease its investment in Consent Agreement With Analysis to Towne, individually and as an officer of technology or quality on one or both Aid Public Comment teams’ designs; and/or (3) gain access to said corporation (‘‘proposed competitively sensitive information AGENCY: Federal Trade Commission. respondents’’), and it now appearing relating to the Boeing team’s technical ACTION: Consent Agreement. that proposed respondents are willing to design and cost for its entire adaptive enter into an agreement containing an SUMMARY: In settlement of alleged optics system. order to cease and desist from the use violations of federal law prohibiting Under the proposed Consent Order, of the acts and practices being unfair acts and practices and unfair respondents are prohibited from investigated, methods of competition, this consent enforcing the exclusivity provisions It is hereby agreed by and between agreement, accepted subject to final contained in Hughes’s teaming Starwood Advertising, Inc., by its duly Commission approval, would bar the agreement with Xinetics for the ABL authorized officer, and Les Towne, Aspen, Colorado-based advertising program. Xinetics will be free to supply individually and as an officer of said agency from using deceptive the Boeing team with deformable corporation, and their attorney, and demonstrations and certain other mirrors for the ABL program. This will counsel for the Federal Trade misrepresentations in future advertising ensure that the Boeing team will have Commission that: campaigns. The consent agreement an alternate source of deformable 1. Proposed respondent Starwood settles allegations stemming from mirrors for the ABL competition. The Advertising, Inc. is a corporation Starwood’s advertising campaign for purpose of this provision of the Consent organized, existing, and doing business Azrak-Hamway International’s line of Order is to constrain Hughes’s ability to under and by virtue of the laws of the Steel Tec toy vehicles. raise the price of both teams’ bids or State of Colorado, with its office and decrease its investment in technology or DATES: Comments must be received on principal place of business located at quality on one or both teams’ designs for or before April 22, 1996. 600 North Starwood Drive, Aspen, the ABL competition. ADDRESSES: Comments should be Colorado 81612. Under the proposed Consent Order, directed to: FTC/Office of the Secretary, Proposed respondent Les Towne is an respondents are also prohibited from Room 159, 6th St. and Pa. Ave., N.W., officer of said corporation. He receiving, gaining access to, or obtaining Washington, D.C. 20580. formulates, directs and controls the in any manner, without Lockheed FOR FURTHER INFORMATION CONTACT: policies, acts and practices of said 6852 Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices corporation and his address is the same Proposed respondents waive any right toy or any other material aspect of the as that of said corporation. they may have to any other manner of demonstration or depiction. 2. Proposed respondents admit all the service. The complaint may be used in Provided, however, that jurisdictional facts set forth in the draft construing the terms of the order, and notwithstanding the foregoing, nothing of complaint here attached. no agreement, understanding, in this order shall be deemed to 3. Proposed respondents waive: representation, or interpretation not otherwise preclude the use of fantasy (a) Any further procedural steps; contained in the order or in the segments or prototypes which use (b) The requirement that the agreement may be used to vary or otherwise is not deceptive. Commission’s decision contain a contradict the terms of the order. Provided further, however, that it statement of findings of fact and 7. Proposed respondents have read shall be a defense hereunder that conclusions of law; and the proposed complaint and order respondents neither knew nor had (c) All rights to seek judicial review reason to know that the demonstration, or otherwise to challenge or contest the contemplated hereby. Proposed respondents understand that once the experiment or test did not prove, validity of the order entered pursuant to demonstrate or confirm the this agreement. order has been issued, they will be required to file one or more compliance representation. 4. This agreement shall not become B. Misrepresenting, directly or by part of the public record of the reports showing that they have fully complied with the order. Proposed implication, any performance proceeding unless and until it is characteristic of any toy. accepted by the Commission. If this respondents further understand that agreement is accepted by the they may be liable for civil penalties in II the amount provided by law for each Commission, it, together with the draft It is further ordered that for three (3) of complaint contemplated thereby, will violation of the order after it becomes final. years after the last date of dissemination be placed on the public record for a of any representation covered by this period of sixty (60) days and Order order, respondent Starwood information in respect thereto publicly I Advertising, Inc., or its successors and released. The Commission thereafter assigns, shall maintain and upon may either withdraw its acceptance of It is ordered that respondents, request make available to the Federal this agreement and so notify the Starwood Advertising, Inc., a Trade Commission or its staff for proposed respondents, in which event it corporation, its successors and assigns, inspection and copying: will take such action as it may consider and its officers, and Les Towne, A. All materials that were relied upon appropriate, or issue and serve its individually and as an officer of said in disseminating such representation; complaint (in such form as the corporation, and respondents’ agents, B. Any and all videotapes, in circumstances may require) and representatives and employees, directly complete as well as unedited form, and decision, in disposition of the or through any corporation, subsidiary, any and all still photographs taken proceeding. division or other device, in connection during the production of any 5. This agreement is for settlement with the advertising, promotion, advertisement depicting a purposes only and does not constitute offering for sale, sale, or distribution of demonstration, experiment, or test; an admission by proposed respondents any toy in or affecting commerce, as C. Any and all affidavits or that the law has been violated as alleged ‘‘commerce’’ is defined in the Federal certifications submitted by an employee, in the draft of complaint here attached, Trade Commission Act, do forthwith agent or representative of respondent to or that the facts as alleged in the draft cease and desist from: a television network or to any other complaint, other than the jurisdictional A. In connection with any individual or entity, other than counsel facts, are true. advertisement or package depicting a for respondent, which affidavit or 6. This agreement contemplates that, demonstration, experiment or test, certification affirms the accuracy or if it is accepted by the Commission, and making any representation, directly or integrity of a demonstration or if such acceptance is not subsequently by implication, that the demonstration, demonstration techniques contained in withdrawn by the Commission pursuant picture, experiment or test depicted in an advertisement; and to the provisions of § 2.34 of the the advertisement or package proves, D. Any toy involved in such Commission’s Rules, the Commission demonstrates or confirms any material representation. may, without further notice to proposed quality, feature or merit of any toy when respondents, (1) issue its complaint III such demonstration, picture, corresponding in form and substance experiment or test does not prove, It is further ordered that respondent with the draft of complaint here demonstrate or confirm the Starwood Advertising, Inc. shall, within attached and its decision containing the representation for any reason, including thirty (30) days after its service, following order to cease and desist in but not limited to: distribute a copy of this order to each disposition of the proceeding and (2) of its operating divisions and to each make information public in respect 1. The undisclosed use or substitution of a material mock-up or prop; officer, agent and personnel responsible thereto. When so entered, the order to for the preparation, review or placement 2. The undisclosed material alteration cease and desist shall have the same of advertising, or other materials in a material characteristic of the force and effect and may be altered, covered by this order and shall secure advertised toy or any other material modified, or set aside in the same from each such person a signed prop or device depicted in the manner and within the same time statement acknowledging receipt of this advertisement; or provided by statute for other orders. The order. order shall become final upon service. 3. The undisclosed use of a visual Delivery by the U.S. Postal Service of perspective or camera, film, audio or IV the complaint and decision containing video technique; It is further ordered that respondent the agreed-to order to proposed that, in the context of the advertisement Les Towne shall, for a period of ten (10) respondents’ address as stated in this as a whole, materially misrepresents a years from the date of entry of this agreement shall constitute service. material characteristic of the advertised order, notify the Commission within Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices 6853 thirty (30) days of the discontinuance of require, file with the Commission a The complaint also alleges that the his present business or employment and report, in writing, setting forth in detail challenged advertisements falsely of his affiliation with any new business the manner and form in which they represented that the Steel Tec Off Road or employment. Each such notice of have complied with this order. Super Sport vehicle, Sand Buggy  affiliation with any new business or Analysis of Proposed Consent Order To vehicle, Harley-Davidson Electra Glide employment shall include the Aid Public Comment motorcycle, Dozer vehicle, and Dump respondent’s new business address and Truck vehicle can be used on dirt, sand, telephone number, current home The Federal Trade Commission has and similar surfaces. According to the address, and a statement describing the accepted an agreement to a proposed complaint, the ‘‘Helpful Hints Manual’’ nature of the business or employment consent order from Starwood accompanying these products warns and his duties and responsibilities. Advertising, Inc. (‘‘Starwood’’) and Les against using the toys on these surfaces Towne, officer of Starwood. Starwood is to avoid damage to the toys. V the advertising agency for Azrak- The complaint also alleges that the Hamway International, Inc. (‘‘Azrak- It is further ordered that respondent respondents knew or should have Starwood Advertising, Inc. shall notify Hamway’’). The proposed consent order has been known that the representations set forth the Federal Trade Commission at least above were false and misleading. thirty (30) days prior to any proposed placed on the public record for sixty change in its corporate structure, (60) days for reception of comments by The proposed consent order contains including but not limited to dissolution, interested persons. Comments received provisions designed to remedy the assignment, or sale resulting in the during this period will become part of violations charged and to prevent the emergence of a successor corporation, the public record. After sixty (60) days, respondents from engaging in similar the creation or dissolution of the Commission will again review the acts and practices in the future. subsidiaries or affiliates, the planned agreement and comments received and Part IA of the order prohibits the filing of a bankruptcy petition, or any will decide whether it should withdraw respondents from misrepresenting that other corporate change that may affect from the agreement or make final the an advertised demonstration, picture, compliance obligations arising out of agreement’s proposed order. experiment or test proves, demonstrates this order. The Commission’s complaint in this or confirms any material quality, feature matter alleges that Starwood prepared or merit of any toy. Part IA enumerates VI and disseminated advertising for the examples of such misrepresentations, This order will terminate twenty (20) ‘‘Steel Tec Construction System’’ line of including: (1) the undisclosed use or years from the date of its issuance, or toys, which are manufactured by Azrak- substitution of a material mock-up or twenty (20) years from the most recent Hamway and marketed by Azrak- prop; (2) the undisclosed material date that the United States or the Hamway’s Remco Toy Division. The alteration in a material characteristic of Federal Trade Commission files a complaint challenges as deceptive the advertised toy or any other material complaint (with or without an television advertisements for eight Steel prop or device depicted in the accompanying consent decree) in Tec toys, which represent that these advertisement; or (3) the undisclosed federal court alleging any violation of toys can move and operate in various use of a visual perspective or camera, the order, whichever comes later; ways unaided. According to the film, audio or video technique. Part IA provided, however, that the filing of complaint, the television advertisements also states that the order does not such a complaint will not affect the for the motorized helicopter, the preclude the use of fantasy segments or duration of: ‘‘Formula 1’’ race car, the ‘‘Off Road prototypes which are otherwise not Super Sport’’ vehicle, the ‘‘Sand Buggy’’ A. Any paragraph in this order that  deceptive, and provides the respondents terminates in less than twenty years; vehicle, the ‘‘Harley-Davidson Electra with a defense to liability if they neither B. This order’s application to any Glide’’ motorcycle, the ‘‘Hypersonic knew nor had reason to know that the respondent that is not named as a Fighter’’ plane, the ‘‘Dozer’’ vehicle, and demonstration, experiment or test did defendant in such complaint; and the ‘‘Dump Truck’’ vehicle represented not prove, demonstrate or confirm the C. This order if such complaint is that the demonstrations of these toys representation. Part IB prohibits the filed after the order has terminated flying, driving, or moving in the respondents from misrepresenting any pursuant to this paragraph. manners depicted in the ads were performance characteristic of any toy. unaltered and that the results shown Provided further, that if such Part II requires the respondents to accurately represent the performance of complaint is dismissed or a federal maintain certain records and materials the actual, unaltered toys under the court rules that the respondent did not relating to future representations depicted conditions. This representation violate any provision of the order, and covered by the order. the dismissal or ruling is either not is alleged to be false and misleading. appealed or upheld on appeal, then the According to the complaint, these toys Parts III through V and VII relate to order will terminate according to this were suspended, pulled, and/or guided the respondents’ obligations to provide paragraph as though the complaint was by monofilament wires, or a black tube copies of the order to certain Starwood never filed, except that the order will recessed out of view from the camera, officers and personnel; to notify the not terminate between the date such held by humans off camera to create the Commission of changes in corporate complaint is filed and the later of the advertised effects. In the case of the structure, or, in the case of the deadline for appealing such dismissal or motorized helicopter, the rotors were individual, changes in employment; and ruling and the date such dismissal or also spun manually by humans off to file compliance reports with the ruling is upheld on appeal. camera to create the effect of motorized Commission. Part VI provides that the spinning. order will terminate after twenty years VII The complaint also alleges that the under certain circumstances. It is further ordered that respondents challenged advertisements falsely The purpose of this analysis is to shall, within sixty (60) days after service represented that the eight toys can facilitate public comment on the of this order, and at such other times as perform by flying, driving, or moving in proposed order, and it is not intended the Federal Trade Commission may the manners depicted. to constitute an official interpretation of 6854 Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices the agreement and proposed order or to [Docket No. 92F±0432] Public Health Service modify in any way their terms. Health Resources and Services Donald S. Clark, Victorian Chemical Co., Pty. Ltd.; Administration Secretary. Withdrawal of Food Additive Petition [FR Doc. 96–4006 Filed 2–21–96; 8:45 am] AGENCY: Food and Drug Administration, Privacy Act of 1974; Annual BILLING CODE 6750±01±M HHS. Publication of Systems of Records ACTION: Notice. AGENCY: Department of Health and Human Services (DHHS); Public Health DEPARTMENT OF HEALTH AND Service (PHS); Health Resources and SUMMARY: The Food and Drug HUMAN SERVICES Services Administration (HRSA). Administration (FDA) is announcing the ACTION: Publication of minor changes to Food and Drug Administration withdrawal, without prejudice to future system-of-records notices. [Docket No. 94F±0250] filing, of a food additive petition (FAP 2A4340) proposing that the food SUMMARY: In accordance with Office of Registration and Consulting Co. AG; additive regulations be amended to Management and Budget Circular No. Withdrawal of Food Additive Petition provide for the safe use of the following: A–130, Appendix I, ‘‘Federal Agency ethyl esters of fatty acids in aqueous Responsibilities for Maintaining AGENCY: Food and Drug Administration, emulsions for dehydrating corn, cereal Records About Individuals,’’ HRSA is HHS. grains, beans, sulfated butyl oleate, and publishing minor changes to its notices ACTION: Notice. sulfated ethyl oleate alone or in of systems of records. SUPPLEMENTARY INFORMATION: HRSA has SUMMARY: The Food and Drug combination for dehydrating grapes to completed the annual review of its Administration (FDA) is announcing the raisins, cereal grains, and beans. systems of records and is publishing withdrawal, without prejudice to future FOR FURTHER INFORMATION CONTACT: below those minor changes which affect filing, of a food additive petition (FAP Mary E. LaVecchia, Center for Food the public’s right or need to know, such 4B4424) proposing that the food Safety and Applied Nutrition (HFS– as system deletions, title changes, and additive regulations be amended to 217), Food and Drug Administration, changes in the system location of provide for the safe use of 8,9,10,11- 200 C St. SW.,Washington, DC 20204, records, or the addresses of systems tetrachloro-12H-phthaloperin-12-one 202–418–3072. managers. (C.I. Solvent Red 135) as a colorant in 1. HRSA has deleted the following polyethylene phthalate polymers SUPPLEMENTARY INFORMATION: In a notice systems of records since the last annual intended for use as food-contact articles. published in the Federal Register of review due to the reassignment of the FOR FURTHER INFORMATION CONTACT: Vir January 7, 1993 (58 FR 3027), FDA Division of Fiscal Services, Office of D. Anand, Center for Food Safety and announced that a food additive petition Operations and Management, Office of Applied Nutrition (HFS–216), Food and (FAP 2A4340) had been filed by the Administrator, from HRSA to the Drug Administration, 200 C St. SW., Victorian Chemical Co., Pty. Ltd., P.O. Program Support Center, DHHS (60 FR Washington, DC 20204, 202–418–3081. Box 71, Richmond, Victoria 3121, 51480, 10/2/95): SUPPLEMENTARY INFORMATION: In a notice Australia. The petition proposed to 09–15–0022 Accounts Receivable, HHS/ published in the Federal Register of amend the food additive regulations in HRSA/OA. August 5, 1994 (59 FR 40036), FDA § 172.225 Methyl and ethyl esters of 09–15–0026 Medical Fellowships and announced that a food additive petition fatty acids produced from edible fats Educational Loans, HHS/HRSA/OA. (4B4424) had been filed on behalf of the and oils (21 CFR 172.225) (57 FR 12709, 09–15–0043 Cuban Loan Program, HHS/ Registration and Consulting Co. AG, c/ April 13, 1992) and § 172.270 Sulfated HRSA/OA. o Bruce A. Schwemmer, Bruce 09–15–0045 Health Resources and Services butyl oleate (21 CFR 172.270) (57 FR Administration Loan Repayment/Debt EnviroExcel Group, Inc., 94 Buttermilk 12709, April 13, 1992) to provide for the Management Records Systems, HHS/ Bridge Rd., Washington, NJ 07882 safe use of: (1) ethyl esters of fatty acids HRSA/OA. (formerly, c/o Reynaldo A. Gustilo, in aqueous emulsions for dehydrating 125A 18th St., suite 142, Newport Plaza, 2. The following are no longer active corn, cereal grains, and beans and (2) systems and have also been deleted: Jersey City, NJ 07310). The petition sulfated butyl oleate and sulfated ethyl proposed to amend the food additive oleate alone or in combination in 09–15–0040 Health Professions Student regulations in § 178.3297 Colorants for Loan Repayment Program, HHS/HRSA/ aqueous emulsions for dehydrating BHPr. polymers (21 CFR 178.3297) to provide grapes to raisins, cereal grains, and for the safe use of 8,9,10,11-tetrachloro- 09–15–0041 Health Professions Student beans. Loan Cancellation, HHS/HRSA/BHPr. 12H-phthaloperin-12-one (C.I. Solvent Victorian Chemical Co., Pty. Ltd., has 09–15–0052 Nurse Practitioner and Nurse Red 135) as a colorant in polyethylene Midwifery Traineeship, HHS/HRSA/ phthalate polymers intended for use in now withdrawn the petition without BHPr. food-contact articles complying with 21 prejudice to a future filing (21 CFR 3. Other minor system-notice changes CFR 177.1630. Registration and 171.7). affecting individual categories are Consulting Co. AG has now withdrawn Dated: January 22, 1996. published below. the petition without prejudice to a Alan M. Rulis, future filing (21 CFR 171.7). Dated: February 9, 1996. Director, Office of Premarket Approval, Thomas G. Morford, Dated: February 1, 1996. Center for Food Safety and Applied Nutrition. Associate Administrator for Operations and Alan M. Rulis, [FR Doc. 96–3907 Filed 2–21–96; 8:45 am] Management. Director, Office of Premarket Approval, BILLING CODE 4160±01±F Center for Food Safety and Applied Nutrition. Table of Contents [FR Doc. 96–3906 Filed 2–21–96; 8:45 am] The following table of contents lists BILLING CODE 4160±01±F all currently active Privacy Act systems Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices 6855 of records maintained by the Health SYSTEM MANAGER(S) AND ADDRESS: SYSTEM LOCATION: Resources and Services Administration: Policy Coordinating Official: Director, Division of Student Assistance, 09–15–0001 Division of Federal Bureau of Primary Health Care (BPHC), Bureau of Health Professions, Health Occupational Health Medical and Health Resources and Services Resources and Service Administration, Counseling Records, HHS/HRSA/BPHC. Administration (HRSA), 4350 East West 5600 Fishers Lane, Room 8–37, 09–15–0002 Record of Patients’ Personal Highway, 11th Floor, Bethesda, MD Rockville, MD 20857. Valuables and Monies, HHS/HRSA/ 20814. Records are also located at contractor BPHC. System Manager (Scholarship sites. A list of contractor sites where 09–15–0003 Contract Physicians and Applicants/Recipients): Director, individually-identifiable data are Consultants, HHS/HRSA/BPHC. Division of Scholarships and Loan currently located is available upon 09–15–0004 Federal Employee Repayment, BPHC, HRSA, 4350 East request to the System Manager. Occupational Health Data System, HHS/ West Highway, 10th Floor, Bethesda, HRSA/BPHC. Washington National Records Center, MD 20814. 4205 Suitland Road, Suitland, MD 09–15–0007 Patients Medical Records System Manager (Placement/ System PHS Hospitals/Clinics, HHS/ 20409. Assignment): Director, Division of HRSA/BPHC. * * * * * 09–15–0028 PHS Clinical Affiliation National Health Service Corps, BPHC, Trainee Records, HHS/HRSA/BPHC. HRSA, 4350 East West Highway, 8th AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Floor, Bethesda, MD 20814. 09–15–0037 Public Health Service (PHS) Sections 701 and 702 of the Public and National Health Service Corps * * * * * (NHSC) Scholarship/Loan Repayment Health Service Act, as amended, (42 Participant Records System, HHS/HRSA/ 09±15±0038 U.S.C. 292) which authorize the BPHC. establishment of a Federal program of SYSTEM NAME: 09–15–0038 Disability Claims of the student loan insurance. Nursing Student Loan Program, HHS/ Disability Claims of the Nursing Section 715 of the Public Health HRSA/BHPr. Student Loan Program, HHS/HRSA/ Service Act, as amended, (42 U.S.C. 09–15–0039 Disability Claims in the Health BHPr. 292n) which directs the Secretary to Professions Student Loan Program, HHS/ A minor change has been made to this require institutions to provide HRSA/BHPr. system-of-records notice. The following information for each student who has a 09–15–0042 Physician Shortage Area category should be revised: loan. Scholarship Program, HRSA/HRSA/ * * * * * BPHC. Debt Collection Act of 1982 (5 U.S.C. 09–15–0044 Health Educational Assistance SYSTEM MANAGER(S) AND ADDRESS: 5514 note) Loan Program (HEAL) Loan Control Associate Director, Office for Campus Section 222 of the Health Professions Master File, HHS/HRSA/BHPr. Based Programs, Division of Student Training Assistant Act of 1985 (50 09–15–0046 Health Professions Planning Assistance, Bureau of Health U.S.C. App. 462 note) which provides and Evaluation, HHS/HRSA/OA. for a study on compliance with the 09–15–0054 National Practitioner Data Professions, Health Resources and Services Administration, 5600 Fishers Selective Service Act. Bank for Adverse Information on Section 709 of the Public Health Physicians and Other Health Care Lane, Room 8–34, Rockville, MD 20857. Service Act, as amended, (42 U.S.C. Practitioners, HHS/HRSA/BHPr. * * * * * 09–15–0055 Organ Procurement and 292h) which authorizes disclosure and Transplantation Network (OPTN) Data 09±15±0039 publication of HEAL defaulters. System, HHS/HRSA/BHRD. * * * * * SYSTEM NAME: 09–15–0056 National Vaccine Injury Compensation Program, HHS/HRSA/ Disability Claims in the Health 09±15±0046 BHPr. Professions Student Loan Program, 09–15–0057 Scholarships for the HHS/HRSA/BHPr. SYSTEM NAME: Undergraduate Education of Professional A minor change has been made to this Health Professions Planning and Nurses Grant Programs, HHS/HRSA/ system-of-records notice. The following Evaluation, HHS/HRSA/OA. Minor BHPr. category should be revised: changes have been made to this system- 09–15–0058 Disadvantaged Health * * * * * of-records notice. Profession Faculty Loan Repayment Program, HHS/HRSA/BHPr. The following categories should be SYSTEM MANAGER(S) AND ADDRESS: revised: 09–15–0059 Health Resources and Services Associate Director, Office for Campus * * * * * Administration Correspondence Control Based Programs, Division of Student System, HHS/HRSA/OA. Assistance, Bureau of Health AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Changes Professions, Health Resources and Authority is found in the following Service Administration, 5600 Fishers sections of the Public Health Service 09±15±0037 Lane, Room 8–34, Rockville, MD 20857. Act: Title III, Part D, Primary Health SYSTEM NAME: * * * * * Care (42 U.S.C. 254b); Title VII, Health 09±15±0044 Research and Training Facilities and Public Health Service (PHS) and Training of Professional Health National Health Service Corps (NHSC) SYSTEM NAME: Personnel (42 U.S.C. 292a); Title VIII, Scholarship/Loan Repayment Health Education Assistance Loan Nurse Education (42 U.S.C. 296K); and Participant Records System, HHS/ Program (HEAL) Loan Control Master Title XXVI, Section 241, Evaluation of HRSA/BPHC. File, HHS/HRSA/BHPr. Programs (42 U.S.C. 238j). Authority is A minor change has been made to this Minor changes have been made to this also found in section 401 of the Health system-of-records notice. The following system-of-records notice. The following Care Quality Improvement Act of 1986 category should be revised: categories should be revised: (42 U.S.C. 11101 note). * * * * * * * * * * * * * * * 6856 Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices

RECORD ACCESS PROCEDURES: 5600 Fishers Lane, Rockville, MD 3. Office of the Director, Bureau of Requests must be made to the System 20857. Health Resources Development, HRSA, Manager and should contain, if possible, * * * * * 5600 Fishers Lane, Room 7–68, information about the specific project. Rockville, MD 20857. You may also request a list of 09±15±0057 4. Office of Program and Policy Development, Bureau of Primary Health accountable disclosures that have been SYSTEM NAME: made of your record. Care, HRSA, 4350 East West Highway, Scholarships for the Undergraduate Room 7–2B3, Rockville, MD 20857. Requests in person: An individual Education of Professional Nurses Grant who appears in person seeking access or 5. Office of the Director, Maternal and Programs, HHS/HRSA/BHPr. Child Health Bureau, 5600 Fishers Lane, disclosure of records relating to him/her A minor change has been made to this shall provide his/her current address Room 18–05, Rockville, MD 20857. system-of-records notice. The following 6. Washington National Records and at least one piece of tangible category should be revised: identification, such as drivers license, Center, 4205 Suitland Road, Suitland, passport, or similar forms of * * * * * MD 20409. identification, sufficient to verify the SYSTEM MANAGER(S) AND ADDRESS: * * * * * identify of the requester. Associate Director, Office for Campus RETRIEVABILITY Requests by mail: Requests for access Based Programs, Division of Student to records received by mail must Hard-copy records are indexed by Assistance, Bureau of Health date signed; or name of addressee and contain the name and address of the Professions, Health Resources and requester and sufficient additional date of outgoing correspondence; or by Services Administration, 5600 Fishers name of sender and date of incoming information to verify that the requester Lane, Room 8–34, Rockville, MD 20857. is the person he/she claims to be. correspondence; or by subject. Records * * * * * Requests by phone: Since positive may also be cross-referenced. identification of the caller cannot be 09±15±0058 * * * * * established, telephone requests are not SYSTEM MANAGER(S) AND ADDRESS: honored. SYSTEM NAME: Policy Coordinator: Associate * * * * * Disadvantaged Health Profession Faculty Loan Repayment Program, HHS/ Administrator for Policy Coordination, 09±15±0054 HRSA/BHPr. Health Resources and Services Minor changes have been made to this Administration (HRSA), 5600 Fishers SYSTEM NAME: system-of-record notice. The system Lane, Room 14A–08, Rockville, MD National Practitioner Data Bank for name and the following category should 20857. Adverse Information on Physicians and be revised: System Manager: Chief, Executive Secretariat, Office of the Administrator, Other Health Care Practitioners, HHS/ * * * * * HRSA/BHPr. HRSA, 5600 Fishers Lane, Room 14A– A minor change has been made to this AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 08, Rockville, MD 20857. system-of-records notice. The following Public Health Service Act, as Systems Manager: Information category should be revised: amended by the Health Professions Management Specialist, Office of the * * * * * Education Extension Amendments of Director, Bureau of Health Resources 1992 (42 U.S.C. 293G) which authorizes Development, HRSA, 5600 Fishers Lane, SYSTEM LOCATION: the establishment of a program for Room 6–78, Rockville, MD 20857. The SRA Corporation (the contractor) entering into contract with individuals Systems Manager: Information operates the National Practitioner Data from disadvantaged backgrounds for Systems Specialist, Office of Program Bank (the Bank) under contract with the payment of educational loans in and Policy Development, Bureau of Bureau of Health Professions (BHPr), exchange for teaching services. Primary Health Care, HRSA, 4350 East West Highway, Room 7–2B3, Rockville, Health Resources and Services * * * * * Administration (HRSA). Records are MD 20857. located at SRA Corporation, 4350 09±15±0059 Systems Manager: Correspondence Fairlakes Court, Suite 400, Fairfax, VA Coordinator, Office of the Director, SYSTEM NAME: 22033. Maternal and Child Health Bureau, Health Resources and Services HRSA, 5600 Fishers Lane, Room 18–05, * * * * * Administration Correspondence Control Rockville, MD 20857. 09±15±0055 System, HHS/HRSA/OA. * * * * * Minor changes have been made to this [FR Doc. 96–3973 Filed 2–21–96; 8:45 am] SYSTEM NAME: system-of-records notice. The following BILLING CODE 4160±15±M Organ Procurement and categories should be revised. Transplantation Network (OPTN) Data * * * * * System, HHS/HRSA/BHRD. National Institutes of Health A minor change has been made to this SYSTEM LOCATION system-of-records notice. The following 1. Executive Secretariat, Office of National Eye Institute, Notice of Closed category should be revised: Policy Coordination, Office of the Meeting * * * * * Administrator, Health Resources and Services Administration (HRSA), 5600 Pursuant to Section 10(d) of the SYSTEM MANAGER(S) AND ADDRESS: Fishers Lane, Room 14A–08, Rockville, Federal Advisory Committee Act, as Chief, Operations and Analysis MD 20857. amended (5 U.S.C. Appendix 2), notice Branch, Division of Transplantation, 2. Office of Program Support, Bureau is hereby given of the following Bureau of Health Resources of Health Professions, HRSA, 5600 National Eye Institute Special Emphasis Development, Health Resources and Fishers Lane, Room 8–15, Rockville, MD Panel (SEP) meeting: Services Administration, Room 7–18, 20857. Name of SEP: Clinical Research. Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices 6857

Date: March 21, 1996. This notice is being published less Contact Person: Dr. Peggy McCardle, Time: 8:30 a.m. than fifteen days prior to this meeting Scientific Review Administrator, 6701 Place: Holiday Inn Gaithersburg. due to the urgent need to meet timing Rockledge Drive, Room 5198, Bethesda, Contact Person: Andrew P. Mariani, Ph.D., Maryland 20892, (301) 435–1258. Executive Plaza South, Room 350, 6120 limitations imposed by the grant review cycle. Name of SEP: Behavioral and Executive Blvd., Bethesda, MD 20892–7164, Neurosciences. (301) 496–5561. (Catalog of Federal Domestic Assistance Date: March 25–26, 1996. Purpose/Agenda: To review and evaluate Programs Nos. 93.113, Biological Response to Time: 8:30 a.m. grant applications. Environmental Agents; 93.114, Applied Place: Ramada Inn, Rockville, MD. The meeting will be closed in Toxicological Research and Testing; 93.115, Contact Person: Dr. Joseph Marwah, accordance with provisions set forth in Biometry and Risk Estimation; 93.894, Scientific Review Administrator, 6701 Resource and Manpower Development, Rockledge Drive, Room 5188, Bethesda, secs. 552b(c)(4) and 552b(c)(6), Title 5, National Institutes of Health) U.S.C. Applications and/or proposals Maryland 20892, (301) 435–1253. Dated: February 15, 1996. and the discussions could reveal Name of SEP: Multidisciplinary Sciences. confidential trade secrets or commercial Susan K. Feldman, Date: March 25–27, 1996. property such as patentable material Committee Management Officer, NIH. Time: 7:00 a.m. [FR Doc. 96–4002 Filed 2–21–96; 8:45 am] Place: University Inn, Ithaca, NY. and personal information concerning Contact Person: Dr. Nabeeh Mourad, individuals associated with the BILLING CODE 4140±01±M Scientific Review Administrator, 6701 applications and/or proposals, the Rockledge Drive, Room 5110, Bethesda, disclosure of which would constitute a Maryland 20892, (301) 435–1168. clearly unwarranted invasion of Division of Research Grants; Notice of Closed Meetings Name of SEP: Biological and Physiological personal privacy. Sciences. (Catalog of Federal Domestic Assistance Pursuant to Section 10(d) of the Date: March 28, 1996. Program No. 93.867, Vision Research: Federal Advisory Committee Act, as Time: 2:00 p.m. National Institutes of Health) amended (5 U.S.C. Appendix 2), notice Place: NIH, Rockledge 2, Room 5198, Telephone Conference. Dated: February 15, 1996. is hereby given of the following Division Contact Person: Dr. Peggy McCardle, Susan K. Feldman, of Research Grants Special Emphasis Scientific Review Administrator, 6701 Committee Management Officer, NIH. Panel (SEP) meetings: Rockledge Drive, Room 5198, Bethesda, [FR Doc. 96–4001 Filed 2–21–96; 8:45 am] Purpose/Agenda: To review individual Maryland 20892, (301) 435–1258. BILLING CODE 4140±01±M grant applications. Name of SEP: Biological and Physiological Name of SEP: Multidisciplinary Sciences. Sciences. Date: March 5, 1996. Date: March 28, 1996. National Institute of Environmental Time: 2:00 p.m. Time: 8:30 a.m. Health Sciences; Notice of a Closed Place: NIH, Rockledge 2, Room 5116, Place: Hyatt, Fair Oaks, VA. Telephone Conference. Meeting Contact Person: Dr. Gerald Greenhouse, Contact Person: Dr. Lee Rosen, Scientific Scientific Review Administrator, 6701 Pursuant to Section 10(d) of the Review Administrator, 6701 Rockledge Drive, Rockledge Drive, Room 5140 Bethesda, Federal Advisory Committee Act, as Room 5116, Bethesda, Maryland 20892, (301) Maryland 20892, (301) 435–1023. amended (5 U.S.C. Appendix 2), notice 435–1171. Name of SEP: Clinical Sciences. is hereby given of the following This notice is being published less Date: March 29, 1996. National Institute of Environmental than 15 days prior to the above meeting Time: 8:00 a.m. due to the partial shutdown of the Place: Holiday Inn, Chevy Chase, MD. Health Sciences Special Emphasis Panel Contact Person: Ms. Josephine Pelham, (SEP) meeting: Federal Government and the urgent Scientific Review Administrator, 6701 Name of SEP: Review of Environmental need to meet timing limitations imposed Rockledge Drive, Room 4106, Bethesda, Justice: Partnerships for Communication (ES– by the grant review and funding cycle. Maryland 20892, (301) 435–1786. 96–002). Name of SEP: Microbiological and Name of SEP: Behavioral and Date: March 3–5, 1996. Immunological Sciences. Neurosciences. Time: 7:00 p.m. Date: March 18, 1996. Date: April 1, 1996. Place: (3/3/96) Best Western Crown Park Time: 1:00 p.m. Time: 9:00 a.m. Hotel, Research Triangle Park, NC. Place: NIH, Rockledge 2, Room 4178, Place: Embassy Suites, Washington, DC. (3/4–5/96) NIEHS, South Campus Building Telephone Conference. Contact Person: Dr. Joseph Kimm, 101–C Research Triangle Park, NC. Contact Person: Dr. Jean Hickman, Scientific Review Administrator, 6701 Contact Person: Mr. David Brown, National Scientific Review Administrator, 6701 Rockledge Drive, Room 5178, Bethesda, Institute of Environmental Health Sciences, Rockledge Drive, Room 4178, Bethesda, Maryland 20892, (301) 435–1249. P. O. Box 12233, Research Triangle Park, NC Maryland 20892, (301) 435–1146. Purpose/Agenda: To review Small 27709, (919) 541–4964. Name of SEP: Microbiological and Business Innovation Research. Purpose/Agenda: To review and evaluate Immunological Sciences. Name of SEP: Multidisciplinary Sciences. grant applications. Date: March 19, 1996. Date: March 11, 1996. The meeting will be closed in Time: 1:00 p.m. Time: 8:00 a.m. accordance with the provisions set forth Place: NIH, Rockledge 2, Room 4178, Place: Double Tree Hotel, Rockville, MD. in secs. 552b(c)(4) and 552b(c)(6), Title Telephone Conference. Contact Person: Dr. Lee Rosen, Scientific 5, U.S.C. Applications and the Contact Person: Dr. Jean Hickman, Review Administrator, 6701 Rockledge Drive, discussions could reveal confidential Scientific Review Administrator, 6701 Room 5116, Bethesda, Maryland 20892, (301) Rockledge Drive, Room 4178, Bethesda, 435–1171. trade secrets or commercial property Maryland 20892, (301) 435–1146. such as patentable material and Name of SEP: Biological and Physiological Name of SEP: Biological and Physiological Sciences. personal information concerning Sciences. Date: March 18–19, 1996. individuals associated with the Date: March 25, 1996. Time: 8:00 a.m. applications, the disclosure of which Time: 1:00 p.m. Place: Holiday Inn, Chevy Chase, MD. would constitute a clearly unwarranted Place: NIH, Rockledge 2, Room 5198, Contact Person: Dr. Harish Chopra, invasion of personal privacy. Telephone Conference. Scientific Review Administrator, 6701 6858 Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices

Rockledge Drive, Room 5112, Bethesda, Rockledge Drive, Room 4128, Bethesda, Name of SEP: Chemistry and Related Maryland 20892, (301) 435–1169. Maryland 20892 (301) 435–1210. Sciences. Name of SEP: Clinical Sciences. Name of SEP: Biological and Physiological Date: April 18–19, 1996. Date: April 15–16, 1996. Sciences. Time: 8:00 a.m. Time: 8:30 a.m. Date: March 12, 1996. Place: Holiday Inn-Chevy Chase, Chevy Place: Bethesda Marriott, Bethesda, MD. Time: 1:00 p.m. Chase, MD. Contact Person: Dr. Nancy Shinowara, Place: NIH, Rockledge 2, Room 6170, Contact Person: Dr. Marjam Behar, Scientific Review Administrator, 6701 Telephone Conference. Scientific Review Administrator, 6701 Rockledge Drive, Room 5216, Bethesda, Contact Person: Dr. Dennis Leszczynski, Rockledge Drive, Room 5218, Bethesda, Maryland 20892, (301) 435–1173. Scientific Review Administrator, 6701 Maryland 20892, (301) 435–1180. Rockledge Drive, Room 6170, Bethesda, The meetings will be closed in The meetings will be closed in Maryland 20892 (301) 435–1044. accordance with the provisions set forth accordance with the provisions set forth Name of SEP: Chemistry and Related in secs. 552b(c)(4) and 552b(c)(6), Title in secs. 552b(c)(4) and 552b(c)(6), Title Sciences. 5, U.S.C. Applications and/or proposals 5, U.S.C. Applications and/or proposals Date: March 14, 1996. and the discussions could reveal and the discussions could reveal Time: 8:30 a.m. confidential trade secrets or commercial confidential trade secrets or commercial Place: Embassy Suites, Washington, DC. property such as patentable material property such as patentable material Contact Person: Dr. Edward Zapolski, and personal information concerning and personal information concerning Scientific Review Administrator, 6701 individuals associated with the individuals associated with the Rockledge Drive, Room 4168, Bethesda, applications and/or proposals, the applications and/or proposals, the Maryland 20892, (301) 435–1725. disclosure of which would constitute a disclosure of which would constitute a Name of SEP: Multidisciplinary Sciences. clearly unwarranted invasion of clearly unwarranted invasion of Date: March 18, 1996. Time: 10:00 a.m. personal privacy. personal privacy. Place: Marriott Hotel, Bethesda, Maryland. (Catalog of Federal Domestic Assistance Contact Person: Dr. Paul Parakkal, (Catalog of Federal Domestic Assistance Program Nos. 93.306, 93.333, 93.337, 93.393, Program Nos. 93.306, 93.333, 93.337, 93.393– Scientific Review Administrator, 6701 93.396, 93.837–93.844, 93.846–93.878, 93.396, 93.837–93.844, 93.846–93.878, Rockledge Drive, Room 5118, Bethesda, 93.892, 93.893, National Institutes of Health, 93.892, 93.893, National Institutes of Health, Maryland 20892, (301) 435–1172. HHS) HHS) Name of SEP: Chemistry and Related Dated: February 15, 1996. Date: February 15, 1996. Sciences. Susan K. Feldman, Susan K. Feldman, Date: March 21–23, 1996. Time: 8:00 p.m. Committee Management Officer, NIH. Committee Management Officer, NIH. Place: Embassy Suites, San Diego, CA. [FR Doc. 96–4000 Filed 2–21–96; 8:45 am] [FR Doc. 96–4003 Filed 2–21–96; 8:45 am] Contact Person: Dr. Richard Panniers, BILLING CODE 4140±01±M BILLING CODE 4140±01±M Scientific Review Administrator, 6701 Rockledge Drive, Room 5106, Bethesda, Maryland 20892, (301) 435–1166. DEPARTMENT OF HOUSING AND Division of Research Grants; Notice of Purpose/Agenda: To review Small Closed Meetings Business Innovation Research. URBAN DEVELOPMENT Name of SEP: Multidisciplinary Sciences. Pursuant to Section 10(d) of the Date: March 25–27, 1996. Office of the Assistant Secretary for Federal Advisory Committee Act, as Time: 8:00 a.m. HousingÐFederal Housing amended (5 U.S.C. Appendix 2), notice Place: Ramada Inn-Congressional, Commissioner is hereby given of the following Division Rockville, MD. [Docket No. FR±3917±N±45] of Research Grants Special Emphasis Contact Person: Dr. Dharam Dhindsa, Panel (SEP) meetings: Scientific Review Administrator, 6701 Notice of Proposed Information Rockledge Drive, Room 5206, Bethesda, Collection for Public Comment Purpose/Agenda: To review individual Maryland 20892, (301) 435–1174. grant applications. Name of SEP: Multidisciplinary Sciences. AGENCY: Office of the Assistant Name of SEP: Biological and Physiological Date: March 28–29, 1996. Secretary for Housing—Federal Housing Sciences. Time: 8:00 a.m. Commissioner, HUD. Date: March 4, 1996. Place: Doubletree Hotel, Rockville, MD. ACTION: Notice. Time: 1:00 p.m. Contact Person: Dr. Bill Bunnag, Scientific Place: NIH, Rockledge 2, Room 5146, Review Administrator, 6701 Rockledge Drive, SUMMARY: Telephone Conference. The proposed information Room 5212, Bethesda, Maryland 20892, (301) collection requirement described below Contact Person: Dr. Ramesh Nayak, 435–1177. Scientific Review Administrator, 6701 will be submitted to the Office of Name of SEP: Multidisciplinary Sciences. Rockledge Drive, Room 5146, Bethesda, Management and Budget (OMB) for Date: April 11–12, 1996. Maryland 20892 (301) 435–1026. review, as required by the Paperwork Time: 8:00 a.m. Reduction Act. The Department is This notice is being published less Place: Ramada Inn, Bethesda, MD. soliciting public comments on the than 15 days prior to the above meeting Contact Person: Dr. Bill Bunnag, Scientific subject proposal. due to the partial shutdown of the Review Administrator, 6701 Rockledge Drive, Room 5212, Bethesda, Maryland 20892, (301) DATES: Comments due: April 22, 1996. Federal Government and the urgent 435–1177. need to meet timing limitations imposed ADDRESSES: Interested persons are Name of SEP: Multidisciplinary Sciences. by the grant review and funding cycle. invited to submit comments regarding Date: April 17–19, 1996. this proposal. Comments should refer to Name of SEP: Clinical Sciences. Time: 8:00 a.m. the proposal by name and/or OMB Date: March 11, 1996. Place: Ramada Inn, Bethesda, MD. Time: 1:30 p.m. Contact Person: Dr. Nadarajen Control Number and should be sent to: Place: NIH, Rockledge 2, Room 4128, Vydelingum, Scientific Review Oliver Walker, Housing, Department of Telephone Conference. Administrator, 6701 Rockledge Drive, Room Housing and Urban Development, 451– Contact Person: Dr. Anshumali Chaudhari, 5210, Bethesda, Maryland 20892, (301) 435– 7th Street, SW, Room 9116, Washington, Scientific Review Administrator, 6701 1176. DC 20410. Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices 6859

FOR FURTHER INFORMATION CONTACT: Dated: February 13, 1996. homeless, to make available additional Oliver Walker, Telephone number (202) Stephanie A. Smith, emergency shelters, to meet the costs of 708–1694 (this is not a toll-free number) Acting General Deputy, A/S Secretary for operating emergency shelters and of for copies of the proposed forms and Housing—Federal Housing Commissioner. providing essential social services to other available documents. [FR Doc. 96–3963 Filed 2–21–96; 8:45 am] homeless individuals, and to help BILLING CODE 4210±27±M prevent homelessness. The FY 1995 SUPPLEMENTARY INFORMATION: The awards announced in this Notice were Department will submit the proposed [Docket No. FR±3879±N±03] selected for funding consistent with the information collection to OMB for provisions in the Notices of Funding review, as required by the Paperwork Office of the Assistant Secretary for Availability published in the Federal Reduction Act of 1995 (44 U.S.C. Public and Indian Housing; Register on April 11, 1995 (60 FR Chapter 35, as amended). Announcement of Funding Awards for 18524). The Notice is soliciting comments Emergency Shelter Grants Set-Aside In accordance with section from members of the public and for Indian Tribes and Alaska Native 102(a)(4)(C) of the Department of affecting agencies concerning the Villages Fiscal Year 1995 proposed collection of information to: Housing and Urban Development (1) Evaluate whether the proposed AGENCY: Office of the Assistant Reform Act of 1989 (Pub. L. 101–235, collection of information is necessary Secretary for Public and Indian approved December 15, 1989), the for the proper performance of the Housing, HUD. Department is hereby publishing the functions of the agency, including ACTION: Announcement of funding names, addresses, and amounts of those whether the information will have awards. awards as shown in Appendix A. practical utility; (2) Evaluate the Dated: February 13, 1996. SUMMARY: In accordance with section accuracy of the agency’s estimate of the Kevin Emanuel Marchman, burden of the proposed collection of 102(a)(4)(C) of the Department of Housing and Urban Development Acting Assistant Secretary for Public and information; (3) Enhance the quality, Indian Housing. utility, and clarity of the information to Reform Act of 1989, this document be collected; and (4) Minimize the notifies the public of funding awards for APPENDIX A burden of the collection of information Fiscal Year 1995 for the Emergency Shelter Grants Set-Aside for Indian on those who are to respond; including FISCAL YEAR 1995.ÐEMERGENCY Tribes and Alaska Native Villages. The through the use of appropriate SHELTER GRANTS PROGRAM FOR IN- automated collection techniques or purpose of this Notice is to publish the names and addresses of the award DIAN TRIBES AND ALASKAN NATIVE other forms of information technology, VILLAGES e.g., permitting electronic submission of winners and the amount of the awards responses. made available by HUD to provide [Recipients of Funding Decisions] assistance to the Indian Tribes and This notice also lists the following Alaska Native Villages. Funding Recipient Amount information: (Name and Address) Approved FOR FURTHER INFORMATION CONTACT: Title of Proposal: HUD Conditional Bruce Knott, Director, Housing and Pascua Yaqui Tribe, 7474 Commitment/Direct Endorsement, Community Development Division, South Camino, Little DE Statement of Appraised Value. Office of Native American Programs, Oeste, Tucsan, AZ 85746 ..... $211,052 OMB Control Number: 2502–0494. Department of Housing and Urban Mescalero Apache Tribe, P.O. Development, Room B–133, 451 Description of the need for the Box 228, Mescalero, NM Seventh Street, SW, Washington, DC 88340 ...... 225,521 information and the proposed use: A 20410–7000; telephone (202) 755–0068 Lac Courte Oreilles Tribe, Trib- uniform form for HUD and HUD (this is not a toll-free number). Hearing- al Office Route 2, P.O. Box approved lenders to use which puts or speech-impaired persons, may use 2700, Hayward, WI 54843 .... 197,266 forth the value, terms and conditions of the Telecommunications Devices for the Pleasant Point Passamaquoddy a property for mortgage insurance Deaf (TDD) by contacting the Federal Tribe, P.O. Box 343, Perry, purposes. Maine 04667 ...... 132,784 Information Relay Service at 1–800– Cook Inlet Tribal Council, Inc., Agency form numbers: HUD– 877–8339. 92800.5B. 670 W. Fireweed Lane, Suite SUPPLEMENTARY INFORMATION: The 200, Anchorage, AK 99503 .. 110,831 Members of affected public: Emergency Shelter Grants program Bristol Bay Native Association, Individuals, Small businesses, funding for this Notice is authorized by P.O. Box 310, Dillingham, AK Households and Businesses. the Departments of Veterans Affairs and 99576 ...... 47,250 An estimation of the total numbers of Housing and Urban Development, and Native Village of Eyak Tribal Independent Agencies Appropriations Council, P.O. Box 1388, Cor- hours needed to prepare the information dova, AK 99574±1388 ...... 26,650 collection is 128,333 number of Act of 1995 (Pub. L. 103–327, approved September 28, 1994). The proposed rule Rosebud Sioux, P.O. Box 430, respondents is 1,100,000 frequency Rosebud, SD 57570 ...... 142,391 response is dependent upon the on Emergency Shelter Grants Program; Set-Aside Allocation for Indian Tribes Oglala Sioux, P.O. Box H, Pine occasion of the application process and Ridge, SD 57770 ...... 232,321 the hour of response is 0.05 of an hour. and Alaskan Native Villages, published Cherokee, P.O. Box 948, Tah- in the Federal Register on April 5, 1993 Status of the proposed information lequah, OK 74465 ...... 56,029 (58 FR 17764), describes the method for Choctaw, P.O. Drawer 1210, collection: Extension of a currently allocating these funds. approved collection. Durant, OK 74701 ...... 30,186 This Notice announces FY 1995 Ft. Sill Apache, Fort Sill Authority: Section 3506 of the Paperwork funding of $1,568,000 to be used to Apache Business Committee, Reduction Act of 1995, 44 U.S.C. Chapter 35, assist in improving the quality of Route 2, Box 121, Apache, as amended. existing emergency shelters for the OK 730006 ...... 68,755 6860 Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices

FISCAL YEAR 1995.ÐEMERGENCY Dated: February 14, 1996. male Kara Tau argali (Ovis ammon SHELTER GRANTS PROGRAM FOR IN- Matthias A. Kerschbaum, nigrimontana) from Kazakhstan for the DIAN TRIBES AND ALASKAN NATIVE Acting Assistant Regional Director, Ecological purpose of enhancement of the survival VILLAGESÐContinued Services, Region 3, Fish and Wildlife Service, of the species. Fort Snelling, Minnesota. [Recipients of Funding Decisions] PRT–811272 [FR Doc. 96–3869 Filed 2–21–96; 8:45 am] Applicant: Jeanne Mortimer, University of Funding Recipient Amount BILLING CODE 4310±55±M Florida, Gainesville, FL. (Name and Address) Approved The applicant request a permit to Miami, P.O. Box 1326, Miami, Notice of Receipt of Applications for import blood samples and gut contents OK 74355 ...... 86,334 Permit from green sea turtle (Chelonia mydas) and hawksbill sea turtle (Eretmochelys Total ...... $1,567,370 The following applicants have imbricata) located on beaches or in applied for a permit to conduct certain waters on/around the Republic of [FR Doc. 96–3961 Filed 2–21–96; 8:45 am] activities with endangered species. This Seychelles and Chagos Islands, British BILLING CODE 4210±33±P notice is provided pursuant to Section Indian Ocean Territory for the purpose 10(c) of the Endangered Species Act of of scientific research to benefit the 1973, as amended (16 U.S.C. 1531, et species. This notification covers DEPARTMENT OF THE INTERIOR seq.): activities conducted by the applicant PRT–811103 over a period of five years. Fish and Wildlife Service Applicant: Wildlife Conservation Society, PRT–810606 Bronx, NY. Endangered and Threatened Species Applicant: Southwest Foundation for Biomedical Research, San Antonio, TX. Permit Application The applicant requests a permit to export one pair of captive-born babirusa The applicant requests a permit to AGENCY: Fish and Wildlife Service, (Babyrousa babyrussa) to Singapore import tissue and blood samples of Interior. Zoological Gardens for the purpose of captive-born golden lion tamarins ACTION: Notice of receipt of application. enhancement of the species through (Leontophithecus rosalia rosalia) from captive-breeding. the Skansen Zoo, Sweden, for the The following applicant has applied for a permit to conduct certain activities PRT–811128 purpose of enhancement of the species with endangered species. This notice is Applicant: Wildlife Conservation Society, through scientific research. Written data or comments should be provided pursuant to section 10(c) of Bronx, NY. submitted to the Director, U.S. Fish and the Endangered Species Act of 1973, as The applicant requests a permit to Wildlife Service, Office of Management amended (16 U.S.C. 1531, et seq.). import one pair of captive-born babirusa Authority, 4401 North Fairfax Drive, PRT–811008 (Babyrousa babyrussa) from Singapore Room 420(c), Arlington, Virginia 22203 Zoological Gardens for the purpose of Applicant: Dr. Daniel J. Hornbach, and must be received by the Director enhancement of the species through within 30 days of the date of this Macalester College, St. Paul, Minnesota. captive-breeding. The applicant requests a permit to publication. take (capture, handle and release; PRT–810936 Documents and other information collect dead specimens) Higgins’ eye Applicant: Mary Killett, Sykesville, MD. submitted with these applications are available for review, subject to the pearly mussel (Lampsilis higginsi) and The applicant requests a permit to requirements of the Privacy Act and winged mapleleaf mussel (Quadrula import the sport-hunted trophy of a Freedom of Information Act, by any fragosa) in the St. Croix River between leopard (Panthera pardus) to be taken in party who submits a written request for Riverside, Wisconsin, and its the Central African Republic for the a copy of such documents to the confluence with the Mississippi River. purpose of enhancement of the survival following office within 30 days of the Proposed activities are expected to of the species. result in population status information date of publication of this notice: U.S. that will be useful in recovery of the PRT–811287 Fish and Wildlife Service, Office of species. Applicant: Washington State Department of Management Authority, 4401 North Written data or comments should be Fish and Wildlife, Olympia, WA. Fairfax Drive, Room 420(c), Arlington, submitted to the Regional Director, U.S. The applicant requests a permit to Virginia 22203. Phone: (703/358–2104); Fish and Wildlife Service, Division of import 20 to 30 woodland caribou FAX: (703/358–2281). Endangered Species, 1 Federal Drive, (Rangifer tarandus caribou) per year for Dated: February 16, 1996. Fort Snelling, Minnesota 55111–4056, three years from the Blue River/Wells Caroline Anderson, and must be received within 30 days of Grey Park and Prince George Acting Chief, Branch of Permits, Office of the date of this publication. populations in British Columbia, Management Authority. Documents and other information Canada, to establish a population in [FR Doc. 96–3952 Filed 2–21–96; 8:45 am] submitted with this application are northeastern Washington for BILLING CODE 4310±55±P available for review by any party who enhancement of the species in submits a written request for a copy of accordance with the recovery plan for such documents to the following office the species. This notification covers Issuance of Permit for Marine within 30 days of the date of publication activities conducted by the applicant Mammals of this notice: U.S. Fish and Wildlife over a period of five years. Service, Division of Endangered PRT–808448 On November 30, 1996, a notice was Species, 1 Federal Drive, Fort Snelling, published in the Federal Register, Vol. Minnesota 55111–4056. Telephone: Applicant: Peter Papac, Montesano, WA. 60, No. 230, Page 61571, that an (612/725–3536 x250); FAX: (612/725– The applicant requests a permit to application had been filed with the Fish 3526). import the sport-hunted trophy of one and Wildlife Service by the Point Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices 6861

Defiance Zoo for a permit (PRT–808562) appeal in accordance with the the speaker has been able to complete to take for the purposes of public requirements of 43 CFR Part 4, Subpart the oral delivery in the allotted time. display a female polar bear recovered as E, shall be deemed to have waived their All oral and written comments on the an orphan near Barrow, Alaska. rights. adequacy of the Draft EIS will receive Notice is hereby given that on Terry R. Hassett consideraiton in the Final EIS. February 6, 1996, as authorized by the Chief, Branch of Gulf Rim Adjudication Copies of the Draft EIS have been provisions of the Marine Mammal [FR Doc. 96–3943 Filed 2–21–96; 8:45 am] distributed to a mailing list of identified Protection Act of 1972, as amended (16 BILLING CODE 4310±JA±P interested parties. Single copies of the U.S.C. 1361 et seq.) the Fish and Draft EIS may be obtained from the BLM Wildlife Service authorized the Las Cruces District Office, 1800 requested permit subject to certain [NM-030-7122-03-8532] Marquess, Las Cruces, New Mexico; the conditions set forth therein. Draft Environmental Impact Statement BLM New Mexico State Office, 1474 Documents and other information Rodeo Road, Santa Fe, New Mexico; and submitted for these applications are (EIS) for the Copper Flat Mine Project, Sierra County, New Mexico the Socorro Resource Area Office, 198 available for review by any party who Neel Veneue, NW, Socorro, New submits a written request to the U.S. AGENCY: Bureau of Land Management Mexico. Public reading copies are Fish and Wildlife Service, Office of (BLM), Interior. available for review at public and Management Authority, 4401 North ACTION: Notice of availability and public university libraries in Las Cruces, Fairfax Drive, Rm 420(c), Arlington, hearings. Alamogordo, Truth or Consequences, Virginia 22203. Phone (703) 358–2104 Socorro, Albuquerque, and Santa Fe, or Fax (703) 358–2281. SUMMARY: Pursuant to 102(2)(c) of the New Mexico and El Paso, Texas. Date: February 16, 1996. National Environmental Policy Act The Alta Gold Corporation of (NEPA) of 1969, the BLM Las Cruces Caroline Anderson, Henderson, Nevada submitted a District has prepared a Draft EIS on the Acting Chief, Branch of Permits, Office of proposed plan of operations to conduct impacts of a proposed copper mine on Management Authority. mining activities on approximately private and Federal lands, 4 miles [FR Doc. 96–3951 Filed 2–21–96; 8:45 am] 1,103 acres at Copper Flat. The plan was northeast of Hillsboro in Sierra County, BILLING CODE 4310±55±P prepared pursuant to Title 43 Code of New Mexico. Federal Regulations (CFR), subpart 3809 DATES: Written comments on the Draft (suface management-operations Bureau of Land Management EIS must be postmarked on or before authorized by the mining laws). Four April 15, 1996. Public hearings will be [AK±962±1410±00±P; AA±8099±01] primary alternatives were assessed for held at the times and places listed under the Copper Flat Project Draft EIS. These SUPPLEMENTARY INFROMATION. Alaska Native Claims Selection alternatives were the proposed action, a ADDRESSES: Written comments should reduced stripping ratio alternative, a In accordance with Departmental be sent to: Russell Jentgen, Copper Flat consolidated waste rock disposal regulation 43 CFR 2650.7(d), notice is Team Leader, BLM, Las Cruces District, alternative, and a no action alternative. hereby given that a decision to issue 1800 Marquess, Las Cruces, NM 88005. Under the proposed action, conveyance under the provisions of Sec. FOR FURTHER INFORMATION CONTACT: approximately 537 acres of public land 14(e) of the Alaska Native Claims Russel Jentgen, Copper Flat Team managed by the BLM and 566 acres of Settlement Act of December 18, 1971, 43 Leader, (505) 525-4351. private land would be disturbed, a total U.S.C. 1601, 1613(e), will be issued to SUPPLEMENTARY INFORMATION: Public of 1,103 acres. Under the reduced Calista Corporation for approximately hearings will be held at the following stripping ratio alternative, a total of 5,322 acres. The lands involved are in times and locations. 1.023 acres would be disturbed, and the vicinity of Nyac, Alaska, and are under the consolidated waste rock described as within T. 10 N., Rgs. 61 Date Time City Location disposal alternative the total and 62 W., Seward Meridian, Alaska. disturbance would be 1,080 acres. In the A notice of the decision will be March 26, 7 p.m. Hillsboro, Fire Sta- no action alternative, approximately 656 published once a week, for four (4) 1996. New tion. acres of previously disturbed mine consecutive weeks, in the Anchorage Mexico. lands would remain in the existing Daily News. Copies of the decision may March 27, 7 p.m. Truth or Civic 1996. Con- Center, partially reclaimed condition. be obtained by contacting the Alaska se- 400 During scoping, several issues were State Office of the Bureau of Land quences, West determined to require in-depth Management, 222 West Seventh New 4th assessment. These issues were acid rock # Avenue, 13, Anchorage, Alaska 99513– Mexico. Ave. drainage from waste disposal areas, 7599 ((907) 271–5960). impacts to the water table from Any party claiming a property interest Both oral and written comments may dewatering the mine pit, impacts to which is adversely affected by the be given at the hearings. Written ground water from the tailings disposal decision, an agency of the Federal comments may also be submitted to the area, and impacts to the water table government or regional corporation, BLM, Las Cruces District, 1800 from pumping up to 6,000 gallon of shall have until March 25, 1996 to file Marquess, Las Cruces, NM 88005 on or water per minute from the water supply an appeal. However, parties receiving before April 15, 1996. well field. Other impacts were also service by certified mail shall have 30 Oral testimony at the hearings will be assessed in the Draft EIS. days from the date of receipt to file an limited to 10 minutes for each witness. appeal. Appeals must be filed in the Additional time may be granted at the Dated: February 14, 1996. Bureau of Land Management at the discretion of the presiding officer based Linda S. C. Rundell, address identified above, where the on the number of speakers registered. District Manager. requirements for filing an appeal may be Written text of prepared speakers may [FR Doc. 96–3942 Filed 2–21–96; 8:45 am] obtained. Parties who do not file an be filed at the hearing whether or not BILLING CODE 4310±VC±M 6862 Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices

INTERNATIONAL TRADE amended, and in section 210.10 of the Tom Yarbrough Equipment Rental and Sales, COMMISSION Commission’s Rules of Practice and Inc., 2410 U.S. Hwy 92 East, P.O. Drawer Procedure, 19 C.F.R. § 210.10. 2508, Plant City, Florida 33564 [Inv. No. 337±TA±380] SCOPE OF INVESTIGATION: Having The Tractor Shop, 1804 S. Azalea Drive, Wiggins, Mississippi 39577 Certain Agricultural Tractors Under 50 considered the complaint, the U.S. Tractor Company, 8392 Meadowbrook Way Power Take-Off Horsepower; Notice of International Trade Commission, on S.E., Snoqualmie, Washington 98045 Investigation February 13, 1996, ORDERED THAT— (1) Pursuant to subsection (b) of Wallace International Trading Co., 1197 AGENCY: U.S. International Trade section 337 of the Tariff Act of 1930, as Bacon Way, Lafayette, California 94549 Commission. amended, an investigation be instituted Wallace Import Marketing Co. Inc., 1197 ACTION: Institution of investigation to determine whether there is a Bacon Way, Lafayette, California 94549 pursuant to 19 U.S.C. § 1337. violation of subsection (a)(1)(C) of (c) Kent Stevens, Esq., Office of Unfair section 337 in the importation into the Import Investigations, U.S. International SUMMARY: Notice is hereby given that a United States, the sale for importation, Trade Commission, 500 E Street, S.W., complaint was filed with the U.S. or the sale within the United States after Room 401–L, Washington, D.C. 20436, International Trade Commission on importation of certain agricultural who shall be the Commission January 16, 1996, under section 337 of tractors under 50 power take-off investigative attorney, party to this the Tariff Act of 1930, as amended, 19 horsepower by reason of infringement of investigation; and U.S.C. § 1337, on behalf of Kubota U.S. Registered Trademark Nos. (3) For the investigation so instituted, Tractor Corporation, 3401 Del Amo 922,330, 1,028,211, 1,775,620, or Boulevard, Torrance, California 90503, 1,874,414, and whether there exists an the Honorable Paul J. Luckern is Kubota Manufacturing of America industry in the United States as required designated as the presiding Corporation, Industrial Park North, 2715 by subsection (a)(2) of section 337. administrative law judge. Ramsey Road, Gainesville, Georgia (2) For the purpose of the Responses to the complaint and the 30501, and Kubota Corporation, 2–47 investigation so instituted, the following notice of investigation must be Shikitsuhigashi 1-chome, Naniwa-ku, are hereby named as parties upon which submitted by the named respondents in Osaka 556, Japan. A letter this notice of investigation shall be accordance with section 210.13 of the supplementing the complaint was filed served: Commission’s Rules of Practice and on February 2, 1996. The complaint as (a) The complainants are— Procedure. 19 C.F.R. § 210.13. Pursuant supplemented alleges violations of Kubota Tractor Corporation, 3401 Del Amo to sections 201.16(d) and 210.13(a) of section 337 in the importation into the Boulevard, Torrance, California 90503 United States, sale for importation, and the Commission’s Rules, 19 C.F.R. Kubota Manufacturing of America §§ 201.16(d) and 210.13(a), such sale within the United States after Corporation, Industrial Park North, 2715 importation of certain agricultural Ramsey Road, Gainesville, Georgia 30501 responses will be considered by the tractors under 50 power take-off Kubota Corporation, 2–47 Shikitsuhigashi 1- Commission if received not later than 20 horsepower by reason of alleged chome, Naniwa-ku, Osaka 556, Japan days after the date of service of the infringement of U.S. Registered (b) The respondents are the following complaint. Extensions of time for Trademark Nos. 922,330, 1,028,211, companies alleged to be in violation of submitting responses to the complaint 1,775,620, and 1,874,414. The section 337, and are the parties upon will not be granted unless good cause complaint further alleges that there which the complaint is to be served: therefor is shown. exists an industry in the United States Eisho World Ltd., 1–9 Asahi-cho, Handa-shi, Failure of a respondent to file a timely as required by subsection (a)(2) of Aichi-ken, 475 Japan response to each allegation in the section 337. Nitto Trading Corporation, 232–10 Shimizu, complaint and in this notice may be The complainants request that the Uozumi-cho, Akashi-shi, Hyogo-ken, 674 deemed to constitute a waiver of the Commission institute an investigation Japan right to appear and contest the and, after a hearing, issue a permanent Nitto Trading Co. Ltd, 1–9–5 Shinmoji Moji- allegations of the complaint and this exclusion order and permanent cease ku, Kita-Kyushu-shi, 800–01 Japan notice, and to authorize the and desist orders. Sanko Industries Co., Ltd., 1–10–7 Shinmachi, Nishi-Ku, Osaka, 550 Japan administrative law judge and the ADDRESSES: The complaint, except for Sonica Trading, Inc., Koa Building 3F, 3–20– Commission, without further notice to any confidential information contained 4 Ueno, Taito-ku, Tokyo, 110 Japan the respondent, to find the facts to be as therein, is available for inspection Suma Sangyo, Mitsuta-umadome, Shijimi- alleged in the complaint and this notice during official business hours (8:45 a.m. cho, Miki-shi, Hyogo-ken, 673–05 Japan and to enter both an initial to 5:15 p.m.) in the Office of the Toyo Service Co., Ltd., 10–21 Imazukita 4- determination and a final determination Secretary, U.S. International Trade chome, Tsurumi-ku, Osaka, 538 Japan Commission, 500 E Street, S.W., Room Bay Implement Company, P.O. Box 20001, containing such findings, and may 112, Washington, D.C. 20436, telephone Red Bay, Alabama 35582 result in the issuance of a limited 202–205–1802. Hearing-impaired Casteel Farm Implement Co., 107 Highway exclusion order or a cease and desist individuals are advised that information 425 South, Monticello, Arkansas 71655 order or both directed against such Casteel Farm Implement Co., 4110 Highway respondent. on this matter can be obtained by 65 South, Pine Bluff, Arkansas 71601 contacting the Commission’s TDD Casteel World Group, Inc., 639 West Gaines, By order of the Commission. terminal on 202–205–1810. Monticello, Arkansas 71655 Issued: February 14, 1996. Gamut Trading Co., 1340 Nomwaket Road, FOR FURTHER INFORMATION CONTACT: Kent Donna R. Koehnke, Stevens, Esq., Office of Unfair Import Apple Valley, California 92308 Secretary. Investigations, U.S. International Trade Gamut Imports, 14354 Cronese Road, Apple Commission, telephone 202–205–2579. Valley, California 92307 [FR Doc. 96–3956 Filed 2–21–96; 8:45 am] Lost Creek Tractor Sales, 1050 S. Nutmeg, BILLING CODE 7020±02±P AUTHORITY: The authority for institution Bennett, Colorado 80102 of this investigation is contained in MGA Inc. Auctioneers, 28999 Front Street, section 337 of the Tariff Act of 1930, as Suite 203, Temecula, California 92590 Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices 6863

[Inv. No. 337±TA±381] amended, an investigation be instituted allegations of the complaint and this to determine whether there is a notice, and to authorize the Certain Electronic Products, Including violation of subsection (a)(1)(B) of administrative law judge and the Semiconductor Products, section 337 in the importation into the Commission, without further notice to Manufactured by Certain Processes; United States, the sale for importation, the respondent, to find the facts to be as Notice of Investigation or the sale within the United States after alleged in the complaint and this notice AGENCY: U.S. International Trade importation of certain electronic and to enter both an initial Commission. products, including semiconductor determination and a final determination ACTION: Institution of investigation products, manufactured by processes containing such findings, and may pursuant to 19 U.S.C. § 1337. covered by claims 1–8 or 9 of U.S. result in the issuance of a limited Letters Patent 4,884,674; claims 1–6 or exclusion order or a cease and desist SUMMARY: Notice is hereby given that a 7 of U.S. Letters Patent 5,216,613; or order or both directed against such complaint was filed with the U.S. claims 1–14 or 15 of U.S. Letters Patent respondent. International Trade Commission on 4,490,209; and whether there exists an By order of the Commission. January 16, 1996, under section 337 of industry in the United States as required Issued: February 15, 1996. the Tariff Act of 1930, as amended, 19 by subsection (a)(2) of section 337. Donna R. Koehnke, U.S.C. § 1337, on behalf of Texas (2) For the purpose of the Secretary. Instruments Incorporated, 13500 North investigation so instituted, the following Central Expressway, Dallas, Texas are hereby named as parties upon which [FR Doc. 96–3955 Filed 2–21–96; 8:45 am] 75265. Supplements to the complaint this notice of investigation shall be BILLING CODE 7020±02±P were filed on January 31, 1996 and served: February 5, 1996. The complaint, as (a) The complainant is— [Investigation No. 337±TA±372] supplemented, alleges violations of Texas Instruments Incorporated, 13500 North section 337 based on the importation Central Expressway, Dallas, Texas 75265 Certain Neodymium-Iron-Boron into the United States, the sale for Magnets, Magnet Alloys, and Articles (b) The respondents are the following importation, and the sale within the Containing Same; Notice of companies alleged to be in violation of United States after importation of Commission Decisions to Extend section 337, and are the parties upon certain electronic products, including Target Date for Completion of which the complaint is to be served: semiconductor products, that are Investigation, Not To Review an Initial manufactured, produced, and assembled Samsung Electronics Company, Ltd., Determination Finding a Violation of using processes that are covered by one Samsung Main Building, 10th Floor, 250, Section 337, and of the Schedule for or more claims of U.S. Letters Patent 2-ka Taepyung-Ro Chung-Ku, Seoul, Korea Filing Written Submissions on Samsung America, Inc., 105 Challenger Road, Remedy, the Public Interest, and 4,884,674; U.S. Letters Patent 5,216,613; Ridgefield Park, New Jersey 07660 and U.S. Letters Patent 4,490,209. Samsung Semiconductor, Inc., 3655 North Bonding The complainant requests that the First Street, San Jose, California 95134 AGENCY: U.S. International Trade Commission institute an investigation Commission. and, after a hearing, issue a permanent (c) Juan Cockburn, Esq., Office of exclusion order and permanent cease Unfair Import Investigations, U.S. ACTION: Notice. and desist orders. International Trade Commission, 500 E Street, S.W., Room 401–Q, Washington, SUMMARY: Notice is hereby given that ADDRESSES: The complaint, except for D.C. 20436, shall be the Commission the Commission has determined not to any confidential information contained investigative attorney, party to this review the initial determination (ID) therein, is available for inspection investigation; and issued on December 11, 1995, by the during official business hours (8:45 a.m. (3) For the investigation so instituted, presiding administrative law judge (ALJ) to 5:15 p.m.) in the Office of the the Honorable Sidney Harris is in the above-captioned investigation. Secretary, U.S. International Trade designated as the presiding That ID found a violation of section 337 Commission, 500 E Street SW., Room administrative law judge. of the Tariff Act of 1930 in the 112, Washington, DC 20436, telephone Responses to the complaint and the importation and sale of certain 202–205–1802. Hearing-impaired notice of investigation must be neodymium-iron-boron magnets. Notice individuals are advised that information submitted by the named respondents in is also hereby given that the on this matter can be obtained by accordance with section 210.13 of the Commission has decided to extend the contacting the Commission’s TDD Commission’s Rules of Practice and target date for completion of this terminal on 202–205–1810. Procedure, 19 C.F.R. § 210.13. Pursuant investigation from March 11, 1996, to FOR FURTHER INFORMATION CONTACT: Juan to sections 201.16(d) and 210.13(a) of March 29, 1996. Cockburn, Esq., Office of Unfair Import the Commission’s Rules, 19 C.F.R. FOR FURTHER INFORMATION CONTACT: Lyle Investigations, U.S. International Trade §§ 201.16(d) and 210.13(a), such B. Vander Schaaf, Esq., Office of the Commission, telephone 202–205–2572. responses will be considered by the General Counsel, U.S. International AUTHORITY: The authority for institution Commission if received not later than 20 Trade Commission, telephone 202–205– of this investigation is contained in days after the date of service by the 3107. Copies of the nonconfidential section 337 of the Tariff Act of 1930, as Commission of the complaint and the version of the ID and all other amended, and in section 210.10 of the notice of investigation. Extensions of nonconfidential documents filed in Commission’s Rules of Practice and time for submitting responses to the connection with this investigation are or Procedure, 19 C.F.R. § 210.10. complaint will not be granted unless will be available for inspection during SCOPE OF INVESTIGATION: Having good cause therefor is shown. official business hours (8:45 a.m. to 5:15 considered the complaint, the U.S. Failure of a respondent to file a timely p.m.) in the Office of the Secretary, U.S. International Trade Commission, on response to each allegation in the International Trade Commission, 500 E February 14, 1996, ORDERED THAT— complaint and in this notice may be Street S.W., Washington, D.C. 20436, (1) Pursuant to subsection (b) of deemed to constitute a waiver of the telephone 202–205–2000. Hearing- section 337 of the Tariff Act of 1930, as right to appear and contest the impaired persons are advised that 6864 Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices information on the matter can be indicate and provide information statement of the reasons why the obtained by contacting the establishing that activities involving Commission should grant such Commission’s TDD terminal on 202– other types of entry either are adversely treatment. See 19 C.F.R. § 201.6. 205–1810. affecting it or are likely to do so. For Documents for which confidential SUPPLEMENTARY INFORMATION: On March background, see the Commission treatment is granted by the Commission 3, 1995, the Commission instituted an Opinion, In the Matter of Certain will be treated accordingly. All investigation of a complaint filed by Devices for Connecting Computers via nonconfidential written submissions Crucible Materials Corporation under Telephone Lines, Inv. No. 337–TA–360. will be available for public inspection at section 337 of the Tariff Act of 1930. If the Commission contemplates some the Office of the Secretary. form of remedy, it must consider the The complaint, as supplemented, This action is taken under the effects of that remedy upon the public alleged that respondents imported, sold authority of section 337 of the Tariff Act interest. The factors the Commission for importation, or sold in the United of 1930, as amended (19 U.S.C. § 1337), will consider include the effect that an States after importation certain and Rules 210.42 and 210.51 of the exclusion order and/or cease and desist neodymium-iron-boron magnets, Commission’s Rules of Practice and orders would have on (1) the public magnet alloys, and articles containing Procedure (19 C.F.R. §§ 210.42 and health and welfare, (2) competitive same that infringed claims 1–3 of U.S. 210.51). Letters Patent 4,588,439 (the ’439 conditions in the U.S. economy, (3) U.S. Issued: February 14, 1996. patent), owned by Crucible. The production of articles that are like or directly competitive with those that are By order of the Commission. Commission’s notice of investigation subject to investigation, and (4) U.S. named eight respondents: San Huan Donna R. Koehnke, consumers. The Commission is New Materials Corporation of Bejing, Secretary therefore interested in receiving written China (now known as San Huan New [FR Doc. 96–3954 Filed 2–21–96; 8:45 am] submissions that address the Materials High Tech, Inc.); Ningbo Konit BILLING CODE 7020±02±P aforementioned public interest factors Industries, Inc. of Zhejiang Province, in the context of this investigation. China; San Huan/Tridus International, If the Commission orders some form Inc. of Paramount, CA; Novel Hightech, of remedy, the President has 60 days to NATIONAL SCIENCE FOUNDATION Ltd. of Hong Kong; Hennaco Industrial approve or disapprove the Enterprises, Inc. of Parsippany, NJ; Commission’s action. During this Presidential Faculty Fellows Awards Hennaco Excell, Inc. of Flushing, NY; period, the subject articles would be Sino American Products, Ltd. of New Panel in Chemical and Transportation entitled to enter the United States under Systems; Notice of Meeting York, NY; and InJohnson Precision a bond, in an amount determined by the Industrial Co., Ltd of Taipei, Taiwan. Commission and prescribed by the In accordance with the Federal The ALJ issued his final ID on Secretary of the Treasury. The December 11, 1995. He found that (1) Advisory Committee Act (Pub. L. 92– Commission is therefore interested in 463, as amended), the National Science claims 1–3 of the ’439 patent are valid receiving submissions concerning the and enforceable; (2) there is a domestic Foundation announces the following amount of the bond that should be meeting: industry manufacturing and selling imposed, if remedial orders are issued. products covered by the patent claims Name: Special Emphasis Panel in Chemical Written Submissions: The parties to # in issue; (3) respondents Novel, the investigation, interested government & Transport Systems ( 1190). Hennaco Industrial, Hennaco Excell, agencies, and any other interested Date: March 5, 1996; 8:30 am to 5:30 pm. Place: Room 530, National Science Sino American, and InJohnson infringe persons are encouraged to file written claims 1–3 of the ’439 patent. Based Foundation, 4201 Wilson Boulevard, submissions on the issues of remedy, Arlington, VA 22230. upon these findings, the ALJ concluded the public interest, and bonding. Type of Meeting: Closed. that there was a violation of section 337. Complainant and the Commission Contact Person: Dr. Maria K. Burka, The Commission investigative investigative attorney are also requested Program Director, 4201 Wilson Blvd., attorney (IA) filed a petition for review to submit proposed remedial orders for Arlington, VA 22230 Telephone: 703/306– of the ID on January 19, 1996, and the Commission’s consideration. The 1370. complainant Crucible filed a response written submissions and proposed Purpose of Meeting: To provide advice and thereto on January 26, 1996. No remedial orders must be filed no later recommendations concerning proposals government comments on the ID were than the close of business on March 1, submitted to NSF for financial support. received by the Commission. 1996. Reply submissions must be filed Agenda: To review and evaluate In connection with final disposition Presidential Faculty Fellows Award no later than the close of business on proposals submitted to the Chemical and of this investigation, the Commission March 8, 1996. No further submissions Transport Systems Division as part of the may issue (1) an order that could result will be permitted unless otherwise selection process for awards. in the exclusion of the subject articles ordered by the Commission. Reason for Closing: The proposals being from entry into the United States, and/ Persons filing written submissions reviewed include information of a or (2) cease and desist orders that could must file the original document and 14 proprietary or confidential nature, including result in respondents being required to true copies thereof with the Office of the technical information; financial data, such as cease and desist from engaging in unfair Secretary on or before the deadlines salaries; and personal information acts in the importation and sale of such stated above. Any person desiring to concerning individuals associated with the articles. Accordingly, the Commission is submit a document (or portion thereof) proposals. The matters are exempt under 5 interested in receiving written to the Commission in confidence must U.S.C. 552b.(c)(4) and (6) of the Government Sunshine Act. submissions that address the form of request confidential treatment unless remedy, if any, that should be ordered. the information has already been Dated: February 16, 1996. If a party seeks exclusion of an article granted such treatment during the M. Rebecca Winkler, from entry into the United States for proceedings. All such requests should Committee Management Officer. purposes other than entry for be directed to the Secretary of the [FR Doc. 96–3997 Filed 2–21–96; 8:45 am] consumption, the party should so Commission and must include a full BILLING CODE 7555±01±M Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices 6865

Special Emphasis Panel in Civil and proprietary of confidential nature, including Date: March 13, 14 & 15, 1996. Mechanical Systems; Notice of technical information; financial data, such as Time: 8:00 a.m. to 6:00 p.m. each day. Meeting salaries; and personal information Place: Rooms 375, 340, 360, 370, 380 & concerning individuals associated with the 390, National Science Foundation, 4201 In accordance with the Federal proposals. These matters are exempt under 5 Wilson Boulevard, Arlington, VA 22230. Advisory Committee Act Pub. L. 92– U.S.C. 552b(c) (4) and (6) of the Government Type of Meeting: Closed. 463, as amended), the National Science Sunshine Act. Contact Person: Dr. Alan M. Gaines, Dated: February 16, 1996. Section Head, Division of Earth Sciences, Foundation announces the following Room 785, National Science Foundation, M. Rebecca Winkler, meeting: Arlington, VA, (703) 306–1553. Committee Management Officer. Name: Special Emphasis Panel in Civil and Purpose of Meeting: To provide advice and Mechanical Systems (1205). [FR Doc. 96–3988 Filed 2–21–96; 8:45 am] recommendations concerning proposals Date & Time: March 12 and March 13, BILLING CODE 7555±01±M submitted to NSF for financial support. 1996; 8:30 a.m. to 5:00 p.m. Agenda: To review and evaluate earth Place: NSF, 4201 Wilson Boulevard, Room sciences proposals as part of the selection 530, Arlington, Virginia. Special Emphasis Panel in Design, process for awards. Type of Meeting: Closed. Manufacture, and Industrial Reason for Closing: The proposals being reviewed include information of a Contact Person: Dr. Devendra P. Garg, Innovation; Notice of Meeting Program Director, Dynamic Systems & proprietary or confidential nature, including Control Program, Division of Civil and In accordance with the Federal technical information; financial data, such as Mechanical Systems, Room 545, NSF, 4201 Advisory Committee Act (Pub. L. 92– salaries; and personal information concerning individuals associated with Wilson Blvd., Arlington, VA 22230 703/306– 463, as amended), the National Science 1361, x 5068. proposals. These matters are exempt under 5 Purpose of Meeting: To provide advice and Foundation announces the following U.S.C. 552b(c), (4) and (6) of the Government recommendations concerning proposals meeting: in the Sunshine Act. submitted to NSF for financial support. Name: Special Emphasis Panel in Design, Dated: February 16, 1996. Agenda: To review and evaluate research Manufacture, and Industrial Innovation— M. Rebecca Winkler, proposals as part of the selection process for # 1194. Committee Management Officer. awards. Date and Time: March 12, 1996, 8:00 Reason for Closing: The proposals being a.m.—5:00 p.m. [FR Doc. 96–3993 Filed 2–21–96; 8:45 am] reviewed include information of a Place: Rooms 365, 370, 565 and 580, BILLING CODE 7555±01±M proprietary or confidential nature, including National Science Foundation, 4201 Wilson technical information; financial data, such as Boulevard, Arlington, VA 22230. salaries; and personal information Type of Meeting: Closed. Earth Sciences Proposal Review concerning individuals associated with the Contact Person: Dr. Warren DeVries and Panel; Notice of Meeting proposals. These matters are exempt under 5 Dr. Kesh Narayanan, Manufacturing U.S.C. 552b(c)(4) and (6) of the Government Processes and Equipment Program, Dr. In accordance with the Federal in the Sunshine Act. George Hazelrigg, Design and Integration Advisory Committee Act (Pub. L. 92– Dated: February 16, 1996. Engineering Program, National Science 463, as amended), the National Science M. Rebecca Winkler, Foundation, 4201 Wilson Boulevard, Foundation announces the following Arlington, VA 22230. meeting. Committee Management Officer. Purpose of Meeting: To provide advice and [FR Doc. 96–3998 Filed 2–21–96; 8:45 am] recommendations concerning proposals Name: Earth Sciences Proposal Review BILLING CODE 7555±01±M submitted to the NSF for financial support. Panel (#1569). Agenda: To review and evaluate Grant Date and Time: March 11–12, 1996; 8:30 Opportunities for Academic Liaison with a.m. to 5:00 p.m. Special Emphasis Panel in Civil and Industry (GOALI) and Presidential Faculty Place: National Science Foundation, 4201 Mechanical Systems; Notice of Fellows (PFF) proposals as part of the Wilson Boulevard, Arlington, VA 22230, Meeting selection process for awards. Room 320. Reason for Closing: The proposals being Type of Meeting: Closed. In accordance with the Federal reviewed include information of a Contact Person: Dr. Leonard E. Johnson, Advisory Committee Act Pub. L. 92– proprietary or confidential nature, including Program Director, Continental Dynamics 463, as amended), the National Science technical information, financial data such as Program, Division of Earth Sciences, Room salaries, and personal information 785, National Science Foundation, 4201 Foundation announces the following concerning individuals associated with the Wilson Blvd., Arlington, VA 22230; meeting: proposals. These matters are exempt under 5 Telephone: (703) 306–1559. Name: Special Emphasis Panel in Civil and U.S.C. 552b(c) (4) and (6) of the Government Purpose of Meeting: To provide advice and Mechanical Systems (1205). in the Sunshine Act. recommendations concerning proposals Date & Time: March 5, 1996; 8:30 a.m. to Dated: February 16, 1996. submitted to NSF for financial support. Agenda: To review and evaluate 5:00 p.m. M. Rebecca Winkler, Place: NSF, 4201 Wilson Boulevard, Room Continental Dynamics proposals as part of Committee Management Officer. 580, Arlington, Virginia. the selection process for awards. Type of Meeting: Closed. [FR Doc. 96–3992 Filed 2–21–96; 8:45 am] Reason for Closing: The proposals being Contact Person: Dr. Devendra P. Garg, BILLING CODE 7555±01±M reviewed include information of a Program Director, Dynamic Systems & proprietary or confidential nature, including Control Program, Division of Civil and technical information; financial data, such as Mechanical Systems, Room 545, NSF, 4201 Earth Sciences Proposal Review salaries; and personal information Wilson Blvd., Arlington, VA 22230 703/306– Panel; Notice of Meeting concerning individuals associated with the 1361, x 5068. proposals. These matters are exempt under Purpose of Meeting: To provide advice and In accordance with the Federal U.S.C. 552b(c), (4) and (6) of the Government recommendations concerning proposals Advisory Committee Act (Public Law in the Sunshine Act. submitted to NSF for financial support. 92–463, as amended), the National Dated: February 16, 1996. Agenda: To review and evaluate research Science Foundation announces the M. Rebecca Winkler, proposals as part of the selection process for Committee Management Officer. awards. following meeting. Reason for Closing: The proposals being Name: Earth Sciences Proposal Review [FR Doc. 96–3989 Filed 2–21–96; 8:45 am] reviewed include information of a Panel (1569). BILLING CODE 7555±01±M 6866 Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices

Special Emphasis Panel in Human Reason for Closing: The proposals being Type of Meetings: Closed. Resource Development; Notice of reviewed include information of a Contact Person: Dr. LaVerne D. Hess, Meeting proprietary or confidential nature, including Program Director, Division of Materials technical information; financial data, such as Research, Room 1065, National Science In accordance with the Federal salaries; and personal information Foundation, 4201 Wilson Blvd, Arlington, Advisory Committee Act (Pub. L. 92– concerning individuals associated with the VA 22230, Telephone (703) 306–1835. 463, as amended), the National Science proposals. These matters are exempt under 5 Purpose of Meetings: To provide advice U.S.C. 552b(c), (4) and (6) of the Government and recommendations concerning proposals Foundation announces the following in the Sunshine Act. meeting: submitted to NSF for financial support. Dated: February 16, 1996. Agenda: To review and evaluate proposals Name: Special Emphasis Panel in Human M. Rebecca Winkler, submitted to the Faculty Early Career # Resource Development ( 1199). Committee Management Officer. Development (CAREER) Program. Date & Time: March 13, 1996: 7:00 to 9:00 Reason for Closing: The proposals being [FR Doc. 96–3995 Filed 2–21–96; 8:45 am] p.m.; March 14, 1996: 8:00 a.m. to 5:00 p.m.; reviewed may include information of a March 15, 1996: 8:00 to 4:00 p.m. BILLING CODE 7555±01±M proprietary or confidential nature, including Place: National Science Foundation, 4201 technical information, financial data such as Wilson Blvd., Room 830, Arlington, VA salaries, and personal information 22230. Special Emphasis Panel in Materials concerning individuals associated with the Type of Meeting: Closed. Research; Notice of Meeting proposal. These matters are exempt under 5 Contact Person: Lola E. Rogers, Program U.S.C. 552b.(c)(4) and (6) of the Government Director, 4201 Wilson Blvd., Suite 815, In accordance with the Federal in the Sunshine Act. Arlington, VA 22230. Telephone: 703/306– Advisory Committee Act (Pub. L. 92– Dated: February 16, 1996. 1637. 463 as amended), the National Science Purpose of Meeting: To provide advice and Foundation announces the following M. Rebecca Winkler, recommendations concerning proposals meetings: Committee Management Officer. submitted to NSF for financial support. [FR Doc. 96–3990 Filed 2–21–96; 8:45 am] Agenda: To review and evaluate Name: Special Emphasis Panel in Materials unsolicited proposals submitted to the Model Research (DMR). BILLING CODE 7555±01±M Projects for Women and Girls Program. Date and Time: March 13, 1996; 8:00 a.m.– Reason for Closing: The proposals being 5:00 p.m. reviewed include information of a Place: National Science Foundation, 4201 Advisory Committee for Mathematical proprietary or confidential nature, including Wilson Blvd. Rooms 1005 and 970, and Physical Sciences; Notice of technical information, financial data, such as Arlington, VA 22230. Meeting salaries, and personal information Type of Meetings: Closed. concerning individuals associated with the Contact Person: Dr. Lorretta J. Inglehart, In accordance with the Federal proposals. These matters are exempt under 5 Program Director, Division of Materials Research, Room 1065, National Science Advisory Committee Act (Pub. L. 92– U.S.C. 552b(c) (4) and (6) of the Government 463, as amended), the National Science in the Sunshine Act. Foundation, 4201 Wilson Blvd, Arlington, VA, 22230, Telephone (703) 306–1817. Foundation announces the following Dated: February 16, 1996. Purpose of Meeting: To provide advice and meeting. M. Rebecca Winkler, recommendations concerning support for Name: Advisory Committee for Committee Management Officer. Instrumentation for Materials Research Mathematical and Physical Sciences (#66). [FR Doc. 96–3996 Filed 2–21–96; 8:45 am] proposals. Date and Time: March 10, 11, and 12, 1996 Agenda: Evaluation of proposals. 7:30 am–7:00 pm. BILLING CODE 7555±01±M Reason for Closing: The proposal being Place: Room 310, National Science reviewed may include information of a Foundation, 4201 Wilson Boulevard, proprietary or confidential nature, including Special Emphasis Panel in Information, Arlington, VA 22230. technical information, financial data such as Type of Meeting: Closed. Robotics and Intelligent Systems; salaries, and personal information Contact Person: Morris L. Aizenman, Notice of Meeting concerning individuals associated with the Executive Officer, Division of Astronomical proposal. These matters are exempt under 5 In accordance with the Federal Sciences, National Science Foundation, 4201 U.S.C. 552b. (c)(4) and (6) of the Government Wilson Boulevard, Arlington, VA 22230. Advisory Committee Act (Pub. L. 92– in the Sunshine Act. Telephone: 703/306–1821. 463, as amended), the National Science Dated: February 16, 1996. Purpose of Meeting: To provide oversight Foundation announces the following M. Rebecca Winkler, review of the programs in the Division of meeting. Committee Management Officer. Astronomical Sciences. Name: Special Emphasis Panel in [FR Doc. 96–3994 Filed 2–21–95; 8:45 am] Agenda: To carry out Committee of Visitors review of the programs in the Division of Information, Robotics and Intelligent Systems BILLING CODE 7555±01±M (#1200). Astronomical Sciences, including Date and Time: March 14–15, 1996, 8:00 examination of decisions of proposals, a.m. to 5:00 p.m. reviewer comments, and other privileged Special Emphasis Panel in Materials materials. Place: National Science Foundation, Research; Notice of Meeting Conference room 1150. Reason for Closing: The meeting is closed Type of Meeting: Closed. In accordance with the Federal to the public because the Committee is Contact Person: Dr. Maria Zemankova, Advisory Committee Act (Pub. L. 92– reviewing proposal actions that will include privileged intellectual property and personal Deputy Division Director, Robotics and 463 as amended), the National Science Intelligent Systems, room 1115N, National information that could harm individuals if Science Foundation, 4201 Wilson Blvd., Foundation announces the following they were disclosed. These matters that are Arlington, VA 22230. Telephone: (703) 306– meetings: exempt under 5 U.S.C. 552(c)(4) and (6) of 1929. Name: Special Emphasis Panel in Materials the Government in the Sunshine Act. Purpose of Meeting: To provide advice and Research (DMR). Dated: February 16, 1996. recommendations concerning proposals Date and Time: March 15, 1996; 8:00 pm– M. Rebecca Winkler, submitted to NSF for financial support. 5:00 pm. Committee Management Officer. Agenda: To review and evaluate career Place: National Science Foundation, 4201 proposals as part of the selection process for Wilson Boulevard, Room 1020, Arlington, [FR Doc. 96–3991 Filed 2–21–96; 8:45 am] awards. VA 22230. BILLING CODE 7555±01±M Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices 6867

NUCLEAR REGULATORY A copy of the draft supporting A. Time Frames for Regulatory COMMISSION statement may be viewed free of charge Concern—The Committee will review at the NRC Public Document Room, time frames for regulatory compliance Documents Containing Reporting or 2120 L Street NW. (lower level), in the disposal of high- and low-level Recordkeeping Requirements: Notice Washington, DC. Members of the public radioactive waste. of Pending Submittal to the Office of who are in the Washington, DC, area can B. NRC Staff Issue Resolution Management and Budget (OMB) for access this document via modem on the Process—The Committee will review Review Public Document Room Bulletin Board various NRC staff initiatives that will be (NRC’s Advanced Copy Document used to bring about closure on issues AGENCY: U.S. Nuclear Regulatory Library), NRC subsystem at FedWorld, raised in its review of DOE’s high-level Commission (NRC). 703–321–3339. Members of the public waste program. ACTION: Notice of pending NRC action to who are located outside of the C. Meeting with the Director, NRC’s submit an information collection Washington, DC, area can dial Division of Waste Management, Office request to OMB and solicitation of FedWorld, 1–800–303–9672, or use the of Nuclear Materials Safety and public comment. FedWorld Internet address: Safeguards—The Director will discuss fedworld.gov (Telnet). The document items of current interest related to the SUMMARY: The NRC is preparing a Division of Waste Management submittal to OMB for review or will be available on the bulletin board for 30 days after the signature date of programs which may include: progress continued approval of information at the Yucca Mountain site, comments collections under the provisions of the this notice. If assistance is needed in accessing the document, please contact on DOE’s Total System Performance Paperwork Reduction Act of 1995 (44 Assessment, and a draft technical U.S.C. Chapter 35). the FedWorld help desk at 703–487– 4608. position on expert elicitation. Information pertaining to the D. Preparation of ACNW Reports— requirement to be submitted: Comments and questions may be directed to the NRC Clearance Officer, The Committee will discuss proposed 1. The title of the information reports, including: time frames for collection: 10 CFR Part 9: Public Brenda Jo Shelton, U.S. Nuclear Regulatory Commission, T–6 F33, regulatory concern, the use of expert Records. elicitation, elements of a low-level 2. Current OMB approval number: Washington, DC, 20555–0001, or by telephone at (301) 415–7233, or by waste disposal program, spent fuel 3150–00043. storage containers, and a list of ACNW 3. How often the collection is Internet electronic mail at [email protected]. priority issues. required: On occasion. E. Total System Performance 4. Who is required or asked to report: Dated at Rockville, Maryland, this 14th day Assessment (TSPA)—The Committee Individuals requesting access to records of February 1996. will be briefed by an ACNW consultant under the Freedom of Information or For the Nuclear Regulatory Commission. on insights into waste disposal to be Privacy Acts, or to records that are Gerald F. Cranford, gained through the use of TSPA. already publicly available in the NRC Designated Senior Official for Information F. Alternatives for NRC’s LLW Public Document Room. Resources Management. Program—The Committee will review 5. The number of annual respondents: [FR Doc. 96–3940 Filed 2–21–96; 8:45 am] the NRC staff’s final position on 13,764. BILLING CODE 7590±01±P alternatives for NRC’s low-level waste 6. The number of hours needed to program. complete the requirement or request: G. Joint ACRS/ACNW Working Group 3519. Advisory Committee on Nuclear Meeting on Spent Fuel Storage—The 7. Abstract: 10 CFR Part 9 establishes Waste; Notice of Meeting Committee will hear a report from two information collection requirements for of its members who participated in the The Advisory Committee on Nuclear individuals making requests for records joint working group meeting. under the Freedom of Information or Waste (ACNW) will hold its 82nd H. Committee Activities/Future Privacy Acts. It also contains requests to meeting on March 27, 28 and 29, 1996, Agenda—The Committee will consider waive or reduce fees for searching for Room T–2B3, at 11545 Rockville Pike, topics proposed for future consideration and reproducing records in response to Rockville, Maryland. The date of this by the full Committee and Working FOIA requests. The information meeting was previously published in Groups. The Committee will discuss required from the public is necessary to the Federal Register on Wednesday, ACNW-related activities of individual identify the records they are requesting December 6, 1995 (60 FR 62485). members. The Committee will also or to justify requests for waivers or The entire meeting will be open to consider potential new ACNW reductions in searching or copying fees. public attendance, with the exception of members. A portion of this session may Submit, by April 22, 1996, comments a portion that may be closed to discuss be closed to public attendance to that address the following questions: information the release of which would discuss information the release of which 1. Is the proposed collection of constitute a clearly unwarranted would constitute a clearly unwarranted information necessary for the NRC to invasion of personal privacy pursuant to invasion of personal privacy pursuant to properly perform its functions? Does the 5 U.S.C. 552b(c)(6). 5 U.S.C. 552b(c)(6). information have practical utility? The agenda for this meeting shall be I. Miscellaneous—The Committee will 2. Is the burden estimate accurate? as follows: discuss miscellaneous matters related to 3. Is there a way to enhance the Wednesday, March 27, 1996—8:30 a.m. the conduct of Committee activities and quality, utility, and clarity of the until 6:00 p.m. organizational activities and complete information to be collected? Thursday, March 28, 1996—8:30 a.m. discussion of matters and specific issues 4. How can the burden of the until 6:00 p.m. that were not completed during information collection be minimized, Friday, March 29, 1996—8:30 a.m. until previous meetings, as time and including the use of automated 4:00 p.m. availability of information permit. collection techniques or other forms of During this meeting the Committee Procedures for the conduct of and information technology? plans to consider the following: participation in ACNW meetings were 6868 Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices published in the Federal Register on to 5 U.S.C. 552b(c) (2) and (6) to discuss March 6, 1996, Room T–2B3, 11545 September 27, 1995 (60 FR 49924). In organizational and personnel matters Rockville Pike, Rockville, Maryland. accordance with these procedures, oral that relate solely to internal personnel The meeting will be open to public or written statements may be presented rules and practices of ACRS, and attendance. by members of the public, electronic matters the release of which would The agenda for the subject meeting recordings will be permitted only constitute a clearly unwarranted shall be as follows: during those portions of the meeting invasion of personal privacy. Wednesday, March 6, 1996—8:30 a.m. that are open to the public, and The agenda for the subject meeting Until the Conclusion of Business questions may be asked only by shall be as follows: Wednesday, March members of the Committee, its 6, 1996—1:30 p.m. until 4:00 p.m. The Subcommittee will review consultants, and staff. Persons desiring The Subcommittee will discuss proposed Regulatory Guides, Standard to make oral statements should notify proposed ACRS activities and related Review Plan Sections, and Branch the Chief, Nuclear Waste Branch, Mr. matters. It will also discuss the Technical Positions related to the digital Richard K. Major, as far in advance as qualifications of candidates nominated instrumentation and control systems. practicable so that appropriate for appointment to the ACRS. The The purpose of this meeting is to gather arrangements can be made to allow the purpose of this meeting is to gather information, analyze relevant issues and necessary time during the meeting for information, analyze relevant issues and facts, and to formulate proposed such statements. Use of still, motion facts, and to formulate proposed positions and actions, as appropriate, picture, and television cameras during positions and actions, as appropriate, for deliberation by the full Committee. this meeting may be limited to selected for deliberation by the full Committee. Oral statements may be presented by portions of the meeting as determined Oral statements may be presented by members of the public with the by the ACNW Chairman. Information members of the public with the concurrence of the Subcommittee regarding the time to be set aside for this concurrence of the Subcommittee Chairman; written statements will be purpose may be obtained by contacting Chairman; written statements will be accepted and made available to the the Chief, Nuclear Waste Branch prior to accepted and made available to the Committee. Electronic recordings will the meeting. In view of the possibility Committee. Electronic recordings will be permitted only during those portions that the schedule for ACNW meetings be permitted only during those portions of the meeting that are open to the may be adjusted by the Chairman as of the meeting that are open to the public, and questions may be asked only necessary to facilitate the conduct of the public, and questions may be asked only by members of the Subcommittee, its meeting, persons planning to attend by members of the Subcommittee, its consultants, and staff. Persons desiring should check with Mr. Major if such consultants, and staff. Persons desiring to make oral statements should notify rescheduling would result in major to make oral statements should notify the cognizant ACRS staff engineer inconvenience. the cognizant ACRS staff person named named below five days prior to the Further information regarding topics below five days prior to the meeting, if meeting, if possible, so that appropriate to be discussed, whether the meeting possible, so that appropriate arrangements can be made. has been cancelled or rescheduled, the During the initial portion of the arrangements can be made. Chairman’s ruling on requests for the meeting, the Subcommittee, along with Further information regarding topics opportunity to present oral statements any of its consultants who may be to be discussed, the scheduling of and the time allotted therefor can be present, may exchange preliminary sessions open to the public, whether the obtained by contacting Mr. Richard K. views regarding matters to be meeting has been cancelled or Major, Chief, Nuclear Waste Branch considered during the balance of the rescheduled, the Chairman’s ruling on (telephone 301/415–7366), between 8:00 meeting. requests for the opportunity to present a.m. and 5:00 p.m. edt. The Subcommittee will then hear oral statements, and the time allotted ACNW meeting notices, meeting presentations by and hold discussions therefor can be obtained by contacting transcripts, and letter reports are now with representatives of the NRC staff, its the cognizant ACRS staff person, Dr. available on FedWorld from the ‘‘NRC consultants, and other interested John T. Larkins (telephone: 301/415– MAIN MENU.’’ Direct Dial Access persons regarding this review. number to FedWorld is (800) 303–9672; 7360) between 7:30 a.m. and 4:15 p.m. Further information regarding topics the local direct dial number is 703–321– (EST). Persons planning to attend this to be discussed, whether the meeting 3339. meeting are urged to contact the above has been canceled or rescheduled, the named individual one or two working Chairman’s ruling on requests for the Dated: February 15, 1996. days prior to the meeting to be advised Andrew L. Bates, opportunity to present oral statements of any changes in schedule, etc., that and the time allotted therefor can be Advisory Committee Management Officer. may have occurred. [FR Doc. 96–3933 Filed 2–21–96; 8:45 am] obtained by contacting the cognizant Dated: February 15, 1996. ACRS staff engineer, Mr. Michael BILLING CODE 7590±01±P Sam Duraiswamy, Markley (telephone 301/415–6885) Chief, Nuclear Reactors Branch. between 7:30 a.m. and 4:15 p.m. (EST). Advisory Committee on Reactor [FR Doc. 96–3934 Filed 2–21–96; 8:45 am] Persons planning to attend this meeting Safeguards, Subcommittee Meeting on BILLING CODE 7590±01±P are urged to contact the above named Planning and Procedures; Notice of individual one or two working days Meeting prior to the meeting to be advised of any Advisory Committee on Reactor potential changes to the agenda, etc., The ACRS Subcommittee on Planning Safeguards, Subcommittee Meeting on that may have occurred. and Procedures will hold a meeting on Instrumentation and Control Systems Dated: February 15, 1996. March 6, 1996, Room T–2B1, 11545 and Computers; Notice of Meeting Rockville Pike, Rockville, Maryland. Sam Duraiswamy, The entire meeting will be open to The ACRS Subcommittee on Chief, Nuclear Reactors Branch. public attendance, with the exception of Instrumentation and Control Systems [FR Doc. 96–3935 Filed 2–21–96; 8:45 am] a portion that may be closed pursuant and Computers will hold a meeting on BILLING CODE 7590±01±P Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices 6869

[Project No. 672] For the Nuclear Regulatory Commission. are passed on to the facility at which the Theodore R Quay, examination is administered. The Issuance of the Draft of the Final Director, Standardization Project Directorate, revised Examination Standards will Preapplication Safety Evaluation Division of Reactor Program Management, eliminate contractor support, while the Report for the Modular High- Office of Nuclear Reactor Regulation. NRC direct resources involved in Temperature Gas-Cooled Reactor [FR Doc. 96–3939 Filed 2–21–96; 8:45 am] operator licensing are projected to BILLING CODE 7590±01±P remain constant. After considering the AGENCY: U.S. Nuclear Regulatory public comments, the NRC staff plans to Commission. brief the Commission and seek its Operator Licensing Examination ACTION: Notice of Issuance of a Safety approval to implement the revised Standards Draft Revision; Notice of Evaluation Report for an Advanced process. Pending Commission approval Availability and Request for Comment Reactor Design. and any additional changes that might AGENCY: Nuclear Regulatory be necessary, the staff expects to issue SUMMARY: The U.S. Nuclear Regulatory Commission (NRC). the revised Examination Standards and Commission (NRC) is issuing the draft ACTION: Notice of Availability and implement the revised examination of the final preapplication safety Request for Comment. process at or near the beginning of fiscal evaluation report (PSER) for the year 1997. modular high-temperature gas-cooled SUMMARY: NUREG–1021, ‘‘Operator Licensing Examination Standards for DATE: The comment period ends March reactor (MHTGR) proposed by the U.S. 25, 1996. Comments received after this Department of Energy (DOE). The NRC Power Reactors,’’ (formerly ‘‘Operator date will be considered if it is practical has been conducting a preapplication Licensing Examiner Standards’’) to do so, but the staff is able to assure review of the MHTGR design since 1986 provides guidance for the development, consideration only for comments at the request of DOE and in a manner administration, and grading of written received on or before this date. consistent with the Commission’s examinations and operating tests used Advanced Reactor Policy Statement (51 to determine the qualifications of ADDRESSES: Mail written comments to FR 24643, July 8, 1986). The individuals who apply for operator and Chief, Rules Review and Directives senior operator licenses at nuclear preapplication review process is Branch, Division of Freedom of power plants pursuant to Part 55 of Title described in NUREG–1226, Information and Publications Services, 10 of the Code of Federal Regulations ‘‘Development and Utilization of the Office of Administration, U.S. Nuclear NRC Policy Statement on the Regulation (10 CFR 55). The NUREG provides similar guidance for verifying the Regulatory Commission, Washington, of Advanced Nuclear Power Plants,’’ DC 20555. June 1988, and is conducted before an continued qualifications of licensed Deliver comments to 11555 Rockville application is submitted for design operators when the staff determines that approval: preliminary design approval, NRC requalification examinations are Pike, Rockville, Maryland, between 7:45 final design approval, or design necessary. am and 4:15 pm Federal workdays. The Examination Standards have been certification under 10 CFR Part 52. The Copies of comments received and draft revised to incorporate the examination PSER is comprised of two volumes: revisions of NUREG–1021 are available development process described in Volume 1, which contains the staff’s for review and/or copying for a fee in Generic Letter 95–06, ‘‘Changes in the preapplication review of the MHTGR the NRC’s Public Document Room, 2120 Operator Licensing Program,’’ including design and the staff’s conclusions on the L Street (Lower Level), Washington, DC. lessons learned during the pilot design from this review, and Volume 2, NUREG–1021 is also electronically examination program that began in which contains the appendices to the available for downloading from the October 1995. The guidance that was draft PSER. Volume 2 of the draft PSER Internet at ‘‘http://www.nrc.gov/ previously contained in NUREG/BR– news.htm#exam’’. is being issued without copies of the 0122, ‘‘Examiners’ Handbook for documents listed in Appendices C Developing Operator Licensing Written FOR FURTHER INFORMATION CONTACT: Fred through J to reduce its size. These Examinations,’’ has been appended to Guenther, Mail Stop O10–D22, Office of documents are in the PDR or in NRC the Examination Standards, and a Nuclear Reactor Regulation, U.S. Central Files, and are not essential for number of minor improvements and Nuclear Regulatory Commission, the staff’s discussion of MHTGR clarifications that were recommended Washington, DC 20555; telephone (301) licensability and policy issues in the by industry groups, licensed operators, 504–1056; and email at draft PSER. They will be issued with the and NRC examiners and managers have ‘‘[email protected]’’. publication of the final PSER for also been adopted. The entire NUREG Dated at Rockville, Maryland, this 15th day completeness and will be made has been reformatted to more clearly available to the public for the draft of February 1996. identify the various organizational For the Nuclear Regulatory Commission. PSER upon request. responsibilities and will be reissued in Stuart A. Richards, A copy of the draft PSER has been its entirety. placed in NRC’s Public Document The staff believes that it would be Chief, Operator Licensing Branch, Division Room, the Gelman Building, 2120 L beneficial to solicit public comments on of Reactor Controls, and Human Factors, Street, N.W., Washington, D.C. 20555, this revision from all interested parties. Office of Nuclear Reactor Regulation. for review by interested persons. The staff is also interested in obtaining [FR Doc. 96–3938 Filed 2–21–96; 8:45 am] an estimate of the burden that assuming BILLING CODE 7590±01±P FOR FURTHER INFORMATION CONTACT: Jack responsibility for drafting the initial N. Donohew, NRC, Office of Nuclear license examinations will place on Reactor Regulation, Washington, DC facility licensees. Commenters should 20555–0001, telephone (301) 415–1307. recognize that presently most NRC Dated at Rockville, Maryland, this 14 day examinations are drafted by NRC of February, 1996. contractors and that the contractor costs 6870 Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices

SECURITIES AND EXCHANGE Act and the Securities Act of 1933. The For the Commission, by the Division of COMMISSION registration statement became effective Investment Management, pursuant to on April 25, 1988, and the initial public delegated authority. [Investment Company Act Release No. Margaret H. McFarland, 21753; 811±5359] offering commenced on May 24, 1988. Deputy Secretary. 2. On August 24, 1995, applicant’s [FR Doc. 96–3984 Filed 2–21–96; 8:45 am] Dean Witter Managed Assets Trust; board of trustees approved an Notice of Application Agreement and Plan of Reorganization BILLING CODE 8010±01±M February 15, 1996. (the ‘‘Plan’’). The Plan provided that AGENCY: Securities and Exchange applicant would transfer all of its assets [Rel. No. IC±21755; 812±9780] Commission (‘‘SEC’’). to Dean Witter Strategist Fund (‘’Strategist’’). Harris & Harris Group, Inc.; Notice of ACTION: Notice of Application for Application Deregistration under the Investment 3. Applicant and Strategist may be Company Act of 1940 (the ‘‘Act’’). deemed to be affiliated persons of each February 15, 1996. other under the Act. In compliance with AGENCY: Securities and Exchange APPLICANT: Dean Witter Managed Assets rule 17a–8, which governs mergers of Commission (‘‘SEC’’). Trust. certain affiliated investment companies, ACTION: Notice of Application under the RELEVANT ACT SECTION: Section 8(f). applicant’s trustees determined that the Investment Company Act of 1940 (the SUMMARY OF APPLICATION: Applicant reorganization was in the best interests ‘‘Act’’). requests an order declaring that it has of applicant and the interests of ceased to be an investment company. applicant’s existing shareholders would APPLICANT: Harris & Harris Group, Inc. FILING DATE: The application was filed not be diluted.1 RELEVANT ACT SECTION: Section 61(a)(3)(B). on January 26, 1996. 4. Applicant filed its preliminary SUMMARY OF APPLICATION: HEARING OR NOTIFICATION OF HEARING: An proxy materials on Form N–14 with the Applicant requests an order authorizing applicant order granting the application will be SEC on August 28, 1995 and filed to issue stock options to applicant’s issued unless the SEC orders a hearing. definitive copies of its proxy materials non-employee directors pursuant to Interested persons may request a on October 25, 1995. Applicant’s hearing by writing to the SEC’s applicant’s Amended and Restated 1988 shareholders approved the Plan at a Stock Option Plan (the ‘‘Stock Option Secretary and serving applicant with a meeting held on December 19, 1995. copy of the request, personally or by Plan’’). mail. Hearing requests should be 5. On December 22, 1995, the FILING DATES: The application was filed received by the SEC by 5:30 p.m. on reorganization was consummated. on September 22, 1995 and amended on March 11, 1996 and should be Applicant transferred all of its assets December 29, 1995 and on February 8, accompanied by proof of service on the and liabilities to Strategist in exchange 1996. applicant, in the form of an affidavit or, for shares of Strategist with an aggregate HEARING OR NOTIFICATION OF HEARING: An for lawyers, a certificate of service. net asset value equal to the net asset order granting the application will be Hearing requests should state the nature value of applicant’s assets transferred. issued unless the SEC orders a hearing. of the writer’s interest, the reason for the Specifically, in exchange for Interested persons may request a request, and the issues contested. $322,451,283 assets transferred, hearing by writing to the SEC’s Persons may request notification of a Strategist issued 1,665,682 shares of Secretary and serving applicant with a hearing by writing to the SEC’s beneficial interest. copy of the request, personally or by Secretary. 6. All expenses incurred in the mail. Hearing requests should be ADDRESS: Secretary, SEC, 450 5th Street, solicitation of proxies were borne by the received by the SEC by 5:30 p.m. on N.W., Washington, D.C. 20549. applicant. Such expenses were March 11, 1996 and should be Applicant, c/o Sheldon Curtis, Two approximately $129,053. Applicant and accompanied by proof of service on the applicant, in the form of an affidavit or, World Trade Center, New York, New Convertible Trust bore all of their for lawyers, a certificate of service. York 10048. respective other expenses associated Hearing requests should state the nature FOR FURTHER INFORMATION CONTACT: with the reorganization. Robert Robertson, Branch Chief, at (202) of the writer’s interest, the reason for the 942–0564 (Division of Investment 7. At the time of filing the application, request, and the issues contested. Management, Office of Investment applicant had no assets, outstanding Persons may request notification of a Company Regulation). debts or liabilities. Applicant has no hearing by writing to the SEC’s shareholders and is not a party to any Secretary. SUPPLEMENTARY INFORMATION: The following is a summary of the litigation or administrative proceeding. ADDRESSES: Secretary, SEC, 450 5th application. The complete application Applicant is not presently engaged in, Street, N.W., Washington, D.C. 20549. may be obtained for a fee from the SEC’s nor does it propose to engage in, any Applicant, One Rockfeller Plaza, New Public Reference Branch. business activities other than those York, New York 10020. necessary for the winding up of its FOR FURTHER INFORMATION CONTACT: Applicant’s Representations affairs. Sarah A. Buescher, Staff Attorney, at 1. Applicant is an open-end (202) 942–0573, or Robert A. Robertson, management investment company 1 Although purchases and sales between affiliated Branch Chief, at (202) 942–0564 organized under the laws of the persons generally are prohibited by section 17(a) of (Division of Investment Management, Commonwealth of Massachusetts the Act, rule 17a–8 provides an exemption for Office of Investment Company certain purchases and sales among investment Regulation). pursuant to a Declaration of Trust. On companies that are affiliated persons of each other October 12, 1987, applicant registered solely by reason of having a common investment SUPPLEMENTARY INFORMATION: The under the Act and filed a registration adviser, common directors, and/or common following is a summary of the statement pursuant to section 8(b) of the officers. application. The complete application Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices 6871 may be obtained for a fee from the SEC’s of retirement, but in no event after the 2. Applicant represents that the Stock Public Reference Branch. expiration date of the options. In the Option Plan and the options to be event of an Outside Director’s death or granted to applicant’s Outside Directors Applicant’s Representations disability, all the Outside Director’s pursuant to the Stock Option Plan meet 1. Applicant is a business unexercised options would immediately the requirements of section 61(a)(3)(B), development company (‘‘BDC’’) under become exercisable for a period of six other than SEC approval. Applicant the Act. Applicant’s investment months following the date of death or believes that the terms of the Stock objective is long-term growth through one year following the date of disability, Option Plan and the options to be capital appreciation primarily through but in no event after the expiration date granted automatically to applicant’s investing in start-up companies and of the options. If an Outside Director Outside Directors are fair and other investments. Applicant’s ceases to serve as Outside Director for reasonable and do not involve any investment portfolio includes any reason other than those mentioned overreaching of applicant or its companies ranging from software above, any options held by the Outside shareholders. Applicant also believes development to biotechnology. Director shall be exercisable for 90 days that the exercise of the options would Applicant may provide assistance to its after cessation of service, but in no not have a significant dilutive effect on portfolio companies in the form of event after the expiration date of the applicant’s existing shareholders. product planning and development, options. 3. Applicant states that its long-term raising capital, and establishing success is tied to its ability to attract relationships with investment bankers 7. The aggregate number of options to be granted to Outside Directors is retain, and provide appropriate and other professionals. In addition, incentives to the Outside Directors. several of applicant’s officers serve on limited to 200,000 shares, exclusive of any options outstanding on August 31, Applicant asserts that because the stock the boards of the portfolio companies. options granted to Outside Directors 2. Applicant requests an order 1995. As of August 31, 1995, the total would vest in cumulative installments authorizing it to grant options to number of applicant’s voting securities of 20% per year, the Stock Option Plan purchase shares of applicant’s common that would be issued as a result of the would provide Outside Directors with stock to each of its present non- exercise of all options issued or incentives to remain with applicant. In employee directors (‘‘Outside currently issuable to applicant’s addition, applicant contends that Directors’’) and to each Outside Director directors, officers, and employees under because the options granted pursuant to who may be elected or appointed to its the Amended 1988 Plan would be the Stock Option Plan have no value board of directors in the future. In this 1,391,763, of which 648,563 are fully unless the price of applicant’s common regard, applicant’s shareholders vested. The options to purchase stock exceeds the exercise price of the approved certain amendments to the 1,391,763 shares, together with the option, the interests of Outside Directors Stock Option Plan on October 20, 1995. 475,017 shares available for future would be aligned with the interests of Applicant will implement the awards and the 200,000 shares to be the Company’s shareholders. amendments subsequent to receiving an granted pursuant to the order sought order from the SEC. hereby, comprise 2,066,780 shares For the Commission, by the Division of 3. Under the Stock Option Plan, all reserved for the issuance of awards. Investment Management, pursuant to Outside Directors who have not Options granted to purchase 200,000 delegated authority. previously received options would shares of applicant’s common stock Margaret H. McFarland, receive options to purchase 20,000 would currently represent 1.9% of Deputy Secretary. shares of applicant’s common stock, applicant’s 10,333,902 outstanding [FR Doc. 96–3983 Filed 2–21–96; 8:45 am] cumulatively vesting 20% each year for shares of common stock. None of the BILLING CODE 8010±01±M a five-year period commencing on the Outside Directors who previously date of grant. Each option will have a received options will be eligible to term of not more than ten years. The receive additional options under the [Investment Company Act Release No. 21754; 811±8610] exercise price of the options may not be Stock Option Plan.1 Applicant has no less than the current market value of other warrants, options or rights to TCW/DW Global Convertible Trust; applicant’s common stock on the date of purchase its voting securities Notice of Application grant. The options would not be outstanding other than those granted to transferable except by will or by the its directors, officers, and employees. February 15, 1996. laws of descent and distribution. Applicant’s Legal Analysis AGENCY: Securities and Exchange 4. Each Outside Director receives Commission (‘‘SEC’’). $1,000 for each board meeting attended, 1. Section 61(a)(3)(B) of the Act ACTION: Notice of Application for $500 for each committee meeting provides, in pertinent part, that a BDC Deregistration under the Investment attended, and reimbursement for out of may issue to its non-employee directors Company Act of 1940 (the ‘‘Act’’). pocket expenses. options to purchase its voting securities 5. At the end of an Outside Director’s pursuant to an executive compensation APPLICANT: TCW/DW Global Convertible service, an Outside Director may plan, provided that certain conditions Trust. exercise options only with respect to the are met, including the options being RELEVANT ACT SECTION: Section 8(f). number of shares of stock that the approved by the company’s Outside Director could have acquired by shareholders and the SEC issuing an SUMMARY OF APPLICATION: Applicant an exercise of the options immediately order approving the options on the basis requests an order declaring that it has prior to cessation of service as an that the proposal is fair and reasonable ceased to be an investment company. Outside Director. and does not involve overreaching of FILING DATE: The application was filed 6. In the event of an Outside the company or its shareholders. Director’s retirement, all of the Outside on January 26, 1996. HEARING OR NOTIFICATION OF HEARING: Director’s unexercised options would 1See Harris & Harris Group, Inc., Investment An immediately become exercisable for a Company Act Release Nos. 21174 (June 29, 1995) order granting the application will be period of three years following the date (notice) and 21250 (July 25, 1995) (order). issued unless the SEC orders a hearing. 6872 Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices

Interested persons may request a 4. Applicant filed its preliminary (‘‘Commission’’), pursuant to Section hearing by writing to the SEC’s proxy materials on Form N–14 with the 19(b)(1) of the Securities Exchange Act Secretary and serving applicant with a SEC on August 28, 1995 and filed of 1934 (‘‘Act’’) 1 and Rule 19b–4 copy of the request, personally or by definitive copies of its proxy materials thereunder,2 a proposed rule change to mail. Hearing requests should be on October 25, 1995. Applicant’s list and trade warrants based on the received by the SEC by 5:30 p.m. on shareholders approved the Plan at a ‘‘undervalued market basket’’ index.3 March 11, 1996 and should be meeting held on December 19, 1995. The proposed rule change appeared in accompanied by proof of service on the 5. On December 22, 1995, the the Federal Register on January 23, applicant, in the form of an affidavit or, reorganization was consummated. 1996.4 No comments were received on for lawyers, a certificate of service. Applicant transferred all of its assets the proposed rule change. The Exchange Hearing requests should state the nature and liabilities to Convertible Trust in subsequently filed Amendment No. 1 to of the writer’s interest, the reason for the exchange for shares of Convertible Trust the proposed rule change on February 5, request, and the issues contested. with an aggregate net asset value equal 1996 5 and Amendment No. 2 to the Persons may request notification of a to the net asset value of applicant’s proposed rule change on February 13, hearing by writing to the SEC’s assets transferred. Specifically, in 1996.6 This order approves the Amex’s Secretary. exchange for $19,188,653 of assets proposal, as amended. ADDRESS: Secretary, SEC, 450 5th Street, transferred, the Convertible Trust issued II. Description N.W., Washington, D.C. 20549. 1,665,682 shares of beneficial interest. The purpose of the proposed rule Applicant, c/o Sheldon Curtis, Two 6. All expenses incurred in the change is to permit the Exchange to list World Trade Center, New York, New solicitation of proxies were borne by and trade cash-settled index warrants York 10048. applicant. Such expenses were based on the Vantage Point Index FOR FURTHER INFORMATION CONTACT: approximately $129,053. Applicant and Convertible Trust bore all of their (‘‘Index Warrants’’). On August 29, Robert Robertson, Branch Chief, at (202) 1995, the Commission approved an 942–0564 (Division of Investment respective other expenses associated with the reorganization. Exchange proposal that established Management, Office of Investment uniform listing and trading guidelines Company Regulation). 7. At the time of filing the application, applicant had no assets, outstanding for stock index, currency, and currency SUPPLEMENTARY INFORMATION: The debts or liabilities. Applicant has no index warrants (‘‘Generic Warrant following is a summary of the 7 shareholders and is not a party to any Listing Standards Approval Order’’). application. The complete application litigation or administrative proceeding. The Exchange states that the listing and may be obtained for a fee from the SEC’s Applicant is not presently engaged in, trading of warrants based on the Index Public Reference Branch. nor does it propose to engage in, any Applicant’s Representations business activities other than those 1 15 U.S.C. § 78s(b)(1) (1988). 2 necessary for the winding up of its 17 CFR 240.19b–4 (1994). 1. Applicant is an open-end 3 The Amex has clarified that the name of the management investment company affairs. index will be the Vantage Point Index (‘‘Index’’). organized under the laws of the For the Commission, by the Division of Telephone Conversation between Michael T. Investment Management, pursuant to Bickford, Vice President, Capital Markets Commonwealth of Massachusetts Development, Amex, and Michael Walinskas, pursuant to a Declaration of Trust. On delegated authority. Branch Chief, Derivatives Regulation, Office of Self- July 6, 1994, applicant registered under Margaret H. McFarland, Regulatory Oversight, Division of Market Regulation the Act, and filed a registration Deputy Secretary. (‘‘Division’’), Commission, on February 8, 1996. statement pursuant to section 8(b) of the 4 See Securities Exchange Act Release No. 36721 [FR Doc. 96–3985 Filed 2–21–96; 8:45 am] (January 16, 1996), 61 FR 1799 (January 23, 1996). Act and the Securities Act of 1933. The BILLING CODE 8010±01±M 5 In Amendment No. 1, the Amex amended its registration statement became effective rule filing to provide that: (1) the Exchange will on August 24, 1994, and the initial advise the Commission whenever less than 75% of public offering commenced on (Release No. 34±36848; File No. SR±Amex± the component securities in the Index are eligible 95±58) for standard options trading; (2) if the number of September 23, 1994. component securities in the basket drops below 25, 2. On August 24, 1995, applicant’s Self-Regulatory Organizations; Order the Exchange will apply the minimum margin board of trustees approved an requirements for stock index industry group Granting Accelerated Approval To warrants; and (3) the Amex is presently only Agreement and Plan of Reorganization Proposed Rule Change and Notice of (the ‘‘Plan’’). The Plan provided that seeking the authority to list and trade a single Filing and Order Granting Accelerated issuance of warrants on the Index and that if the applicant would transfer all of its assets Approval to Amendment Nos. 1 and 2 Exchange proposes to list and trade other products to Dean Witter Convertible Securities based on the Index, including other index warrants, to Proposed Rule Change by the the Exchange will notify the Commission to Trust (‘‘Convertible Trust’’). American Stock Exchange, Inc., 3. Applicant and Convertible Trust determine whether a rule filing pursuant to Section Relating to Listing and Trading of 19(b) of the Act will be required. See letter from may be deemed to be affiliated persons Warrants Based on the Vantage Point Claire P. McGrath, Managing Director and Special of each other under the Act. In Index. Counsel, Derivative Securities, Amex, to Michael compliance with rule 17a–8, which Walinskas, Branch Chief, Derivatives Regulation, governs mergers of certain affiliated Office of Self-Regulatory Oversight, Division, February 14, 1996. Commission, dated February 5, 1996 (‘‘Amendment investment companies, applicant’s I. Introduction No. 1’’). trustees determined that the 6 In Amendment No. 2, the Amex clarified its role reorganization was in the best interests On January 2, 1996, the American in the calculation and maintenance of the Index. of applicant and the interests of Stock Exchange, Inc. (‘‘Amex’’ or See letter from Claire P. McGrath, Managing ‘‘Exchange’’) submitted to the Securities Director and Special Counsel, Derivative Securities, applicant’s existing shareholders would Amex, to Michael Walinskas, Branch Chief, 1 not be diluted. and Exchange Commission Derivatives Regulation, Office of Self-Regulatory Oversight, Division, Commission, dated February 1 Although purchases and sales between affiliated companies that are affiliated persons of each other 13, 1996 (‘‘Amendment No. 2’’). persons generally are prohibited by section 17(a) of solely by reason of having a common investment 7 See Securities Exchange Act Release No. 36168 the Act, rule 17a–8 provides an exemption for adviser, common directors, and/or common (August 29, 1995), 60 FR 46637 (September 7, 1995) certain purchases and sales among investment officers. (order approving File No. SR–Amex–94–38). Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices 6873 will comply in all respects with the Index ranged from 500,000 shares to such security will be included in the rules that were amended and enacted 188.5 million shares.10 The Exchange Index and will accrue interest at LIBOR through the Generic Warrant Listing also represents that at least 90% of the to term, compounded daily. Standards Approval Order, including total capitalization of the Index is C. Trading of the Index Warrants Section 106 of the Amex Company currently represented by component Guide, Amex Rules 1100 through 1110, securities that meet the Exchange’s Index Warrants will be direct and Amex Rule 462 (collectively, the criteria for standardized options obligations of their issuer, subject to ‘‘Amex warrant listing standards’’). trading.11 cash-settlement in U.S. dollars and either exercisable throughout their life A. Design of the Index B. Maintenance of the Index (i.e., American-style) or exercisable only The Exchange represents that the The Exchange represents that it will immediately prior to their expiration Index is a broad-based index comprised monitor the component securities in the date (i.e., European-style). Upon of the common stocks of 43 diverse Index on a monthly basis. In this regard, exercise (or at the warrant expiration corporations operating in several the Exchange will notify the date in the case of warrants with industry groups, including, computers, Commission if less than 75% of the European-style exercise), the holder of aerospace, retail, banking, cellular component securities in the Index are an Index Warrant structured as a ‘‘put’’ telecommunications, pharmaceuticals, eligible for standardized options will receive payment in U.S. dollars to medical supplies, petroleum products, trading. In addition, if the number of the extent that the value of the Index hotel/motel, toys, and retail stationary.8 component securities in the Index drops has declined below a pre-stated cash The Index is equal-dollar weighted and below 25, the Exchange will apply the settlement value. Conversely, upon is therefore designed to ensure that each minimum margin requirements for stock exercise (or at the warrant expiration of the component securities is index industry group warrants.12 date in the case of warrants with represented in an approximately Shares of a component stock will only European-style exercise), the holder of ‘‘equal’’ dollar amount. Accordingly, be replaced (or supplemented) under an Index Warrant structured as a ‘‘call’’ each of the 43 companies included in certain limited circumstances, such as will receive payment in U.S. dollars to the Index will represent approximately the conversion of a component stock the extent that the value of the Index 2.32 percent of the weight of the Index into another class of security, the has increased above the pre-stated cash at the time of issuance of the warrant. termination of a depositary receipt settlement value. Index Warrants that The Index multipliers will be program, or the spin-off of a subsidiary. are ‘‘out-of-the-money’’ at the time of determined to yield the benchmark Accordingly, all replacement or expiration will expire worthless. value of 100.00 on the date the warrant supplemental Index component securities will be related to the original D. Calculation and Dissemination of the is priced for initial offering to the Value of the Index public. component stock. The Exchange On December 22, 1995, the 43 stocks represents that decisions regarding such The Index value will be continuously in the Index ranged in market changes will be made by the calculated by the Amex using the most capitalization from a high of Determination Agent, Bear Stearns & Co. recently reported prices, and will be approximately $48.5 billion to a low of Inc. (‘‘Bear Stearns’’), with the consent publicly disseminated every fifteen approximately $126 million.9 The total of the Amex. Moreover, if a change in seconds over the Consolidated Tape capitalization of the Index on December the composition of the Index is Association’s Network B. 22, 1995 was approximately $345 contemplated for reasons other than In addition, the multiplier of each billion. In addition, during the six- those set forth above, the Exchange will component stock in the Index remains month period from June 1995 through notify the Commission to determine fixed except in the event of certain types November 1995, the average monthly whether a rule filing pursuant to Section of corporate actions such as the trading volume of the stocks in the 19(b) of the Act will be required. payment of a dividend other than an If the stock remains in the Index, the ordinary cash dividend, stock 8 The component securities of the Index are as multiplier of that security may be distribution, stock split, reverse stock follows: Aluminum Company of America; Biomet, adjusted to maintain the component’s split, rights offering, distribution, Inc.; The Boeing Company; Cardinal Health, Inc.; relative weight in the Index at the level reorganization, recapitalization, or Citicorp; Compaq Computer Corporation; CUC immediately prior to the corporate similar event. The multiplier of each International, Inc.; Donnkenny, Inc.; Electronic Arts Inc.; Enserch Exploration, Inc.; Federal Home Loan action. In the event that a security in the component stock may also be adjusted, Mortgage Corporation; First USA, Inc.; Green Tree Index is removed due to a corporate if necessary, in the event of a merger, Financial Corporation; Hershey Foods Corporation; consolidation and the holders of such consolidation, dissolution, or H.F. Ahmanson & Company; Intel Corporation; security receive cash, the cash value of liquidation of an issuer or in certain Kerr-McGee Corporation; Kimberly-Clark Corporation; Ligand Pharmaceuticals Incorporated; other events such as the distribution of Luxottica Group S.p.A.; Manville Corporation; 10 Two of the component securities, Patriot property by an issuer to shareholders, Mattel, Inc.; Maxxim Medical, Inc.; MCI American Hospitality, Inc. and Pharmacia & the expropriation or nationalization of a Communications Corporation; MFS Upjohn, Inc., have been trading for less than six foreign issuer, or the imposition of Communications Corporation; Mirage Resorts, Inc.; months. Patriot American Hospitality began trading Mobile Telecommunications Technology Corp.; on September 27, 1995 as an initial public offering certain foreign taxes on shareholders of Monsanto Company; News Corporation Ltd.; Nine and has had an average monthly trading volume for a foreign issuer. West Group, Inc.; Nordstrom, Inc.; OfficeMax, Inc.; the months of October and November of 2.7 million Oracle Corporation; Parker Hannifin Corporation; shares. Pharmacia & Upjohn was the result of a E. Classification of the Index as Broad- Patriot American Hospitality, Inc.; Pharmacia & merger between Pharmacia Aktiebolag and The Based Upjohn, Inc.; Seagate Technology, Inc.; Seitel, Inc.; Upjohn Company and began trading on November USF&G Corporation; Viacom Inc.; Wells Fargo & 3, 1995. Pharmacia & Upjohn traded 47.5 million The Amex has designed the Index to Company; Wendy’s International, Inc.; and WMX shares during the month of November. meet certain objective criteria which it Technologies, Inc. 11 See Amex Rule 915. believes are appropriate to classify the 9 In addition, the median market capitalization of 12 See Amex Rule 462, which the Exchange Index as broad-based for warrant the companies in the Index on December 22, 1995 proposes to amend in File No. SR–Amex–95–39. was approximately $3.2 billion, and the average See Securities Exchange Act Release No. 36448 trading. To ensure that the Index market capitalization of these companies on that (November 1, 1995), 60 FR 56180 (November 7, remains representative of a broad date was approximately $8 billion. 1995). spectrum of industries and is comprised 6874 Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices

of relatively actively-traded stocks, the limits,16 reportable positions,17 membership calling attention to specific Exchange represents that the Index automatic exercise,18 settlement,19 risks associated with warrants on the currently meets and exceeds the margin,20 and trading halts and Index. suspensions.21 following criteria: (1) each underlying III. Discussion security has had an average daily Additionally, these warrants will be trading volume of at least 40,000 shares sold only to accounts approved for the The Commission finds that the 22 proposed rule change is consistent with during the preceding six months (to trading of standardized options and, the requirements of the Act and the remain in the Index, each underlying the Exchange’s options suitability standards will apply to rules and regulations thereunder security will have to maintain an recommendations regarding Index applicable to a national securities average daily trading volume of at least Warrants.23 The Exchange’s rules exchange, and, in particular, with the 20,000 shares); (2) no more than 20% of regarding discretionary orders will also requirements of Section 6(b).25 the total weight to the Index is apply to transactions in Index Specifically, the Commission finds that represented by underlying securities Warrants.24 Finally, prior to the the trading of warrants based on the that have had an average daily trading commencement of trading, the Amex Vantage Point Index will serve to volume of less than 75,000 shares in the will distribute a circular to its protect the public interest, and will help preceding six months; (3) no underlying to remove impediments to a free and security represents more than 10% of 16 See Amex Rules 1107 and 1108. Under Amex open market by providing investors the total weight of the Index; (4) the five Rule 1107, no member can hold or control an holding positions in some or all of the aggregate position in a stock index warrant issue, securities underlying the Index with a most heavily weighted securities do not or in all warrants issued on the same stock index, represent more than 30% of the total (whether long or short) on the same side of the means to hedge exposure to the market weight of the Index; (5) the Index is market, in excess of 15 million warrants (7.5 risk associated with their portfolios.26 comprised of at least ten industry million warrants with respect to warrants on the Nevertheless, the trading of warrants Standard & Poor’s MidCap 400 Index) with an sectors represented by no less than 43 on the Index raises several concerns original issue price of ten dollars or less. Stock related to the design and maintenance of underlying securities; and (6) at least index warrants with an original issue price greater the Index, customer protection, 75% of the total capitalization of the than ten dollars will be weighted more heavily in calculating position limits. surveillance, and market impact. The Index is represented by underlying Amex Rule 1108 establishes exercise limits on Commission believes, however, for the securities that meet the Exchange’s stock index warrants analogous to those found on reasons discussed below, that the Amex criteria for standardized options stock index options. Accordingly, no member, has adequately addressed these trading.13 The Exchange also notes that acting alone or in concert with others, directly or indirectly, may exercise a long position in warrants concerns.27 the Index meets and exceeds the within five consecutive business days in excess of Designation Criteria for Futures the permissible position limit. In addition, such A. Design and Maintenance of the Index Contracts Involving Non-Diversified limits are separate and distinct from any exercise The Commission finds that it is 14 limits that may be imposed by the issuers of stock Stock Indexes. index warrants. appropriate and consistent with the Act 17 for the Amex to designate the Index as F. Listing Standards and Customer See Amex Rule 1110. Under Amex Rule 1110, members are required to file a report with the broad-based for warrant trading. First, Safeguards Exchange whenever any account in which the the Index is comprised of a diverse member has an interest has extablished an aggregate basket of common stocks, representing As stated above, the listing and position (whether long or short) of 100,000 warrants such industry sectors as banking, trading of warrants based on the overlying the same index, currency, or currency computers, and retail. Second, the Index Vantage Point Index will comply in all index. 18 See Section 106(f) of the Amex Company consists of 43 actively-traded stocks,28 respects with the Amex warrant listing Guide. Under Section 106(f) of the Amex Company of which 32 trade on the New York standards. These standards will govern Guide, all unexercised warrants that are in-the- money will be automatically exercised on their all aspects of the listing and trading of 25 expiration date or on or promptly following the date 15 U.S.C. § 78f(b) (1988). the Index Warrants, including, issuer on which the warrants are delisted by the Exchange 26 Pursuant to Section 6(b)(5) of the Act, the eligibility,15 position and exercise (provided that such warrant issue has not been Commission must predicate approval of any new listed on another organized securities market in the securities product upon a finding that the U.S.). introduction of such product is in public interest. 13 See Amex Rule 915. 19 See Section 106(e) of the Amex Company Such a finding would be difficult with respect to 14 See Securities and Exchange Commission and Guide. Under Section 106(e) of the Amex Company a warrant that served no hedging or other economic Commodity Futures Trading Commission Joint Guide, domestic index warrants (i.e., warrants function, because any benefits that might be derived by market participants likely would be outweighed Statement of Policy, Release No. 20578 (January 18, based on indexes for which 25% or more of the by the potential for manipulation, diminished 1984), 49 FR 2884. index value is represented by securities traded public confidence in the integrity of the markets, 15 See Section 106 of the Amex Company Guide. primarily in the U.S.) are required to utilize a.m. and other valid regulatory concerns. Issuers are required to have a minimum tangible net settlement for valuing expiring warrants as well as 27 The Commission also notes that the Amex is worth in excess of $250 million or, in the during the last two business days prior to the valuation date. presently only seeking the authority to list and alternative, to have a minimum tangible net worth trade a single issuance of warrants on the Index and 20 See Amex Rule 462. In general, the margin in excess of $150 million, provided that the issuer that if the Exchange proposes to list and trade other requirements for long and short positions in stock does not have (including as a result of the proposed products based on the Index, including other index index warrants are the same as the margin issuance) issued and outstanding warrants where warrants, the Exchange will advise the Commission requirements for long and short positions in stock the aggregate original issue price of all such warrant in order to determine whether a rule filing pursuant index options. Accordingly, the purchase of a stock offerings (combined with offerings by its affiliates) to Section 19(b) of the Act will be necessary or index warrant will require payment in full, and the appropriate. This limitation is important since the listed on a national securities exchange or that are short sale of a stock index warrant will require National Market securities traded through Nasdaq Index’s limited maintenance criteria might present margin of 100% of the current value of the warrant additional issues if the Index was proposed to be exceeds 25% of the issuer’s net worth. plus 15% of the current value of the underlying used for index options trading. In addition, Sections 106(b)–(d) of the Amex index less the amount by which the warrant is out- 28 The Commission notes that if the Amex of-the-money (but not less than ten percent of the Company Guide require that warrant issues: (i) have determines to maintain the Index with some index value). a term of one to five years; (ii) have a minimum number of component securities other than 43, the 21 public distribution of one million warrants together See Amex Rule 1109 and 918C(b). Exchange should immediately notify the with a minimum of 400 public holders, and an 22 See Amex Rules 1101 and 921. Commission to determine whether a rule filing aggregate market value of $4 million; and (iii) be 23 See Amex Rules 1102 and 923. pursuant to Section 19(b) of the Act will be cash-settled in U.S. dollars. 24 See Amex Rules 1103 and 924. required. Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices 6875

Stock Exchange, Inc. (‘‘NYSE’’), 1 trades fails to maintain an average daily involving the warrant market and on the Amex, and 10 trade on Nasdaq. trading volume of at least 20,000 shares. component securities.31 Among these Third, the market capitalization of the enhanced surveillance procedures, the B. Customer Protection stocks comprising the Index are very Commission notes that the issuers are large. Specifically, the total The Commission notes that the rules required to report to the Exchange on capitalization of the Index, as of and procedures of the Exchange settlement date the number and value of December 22, 1995, was approximately adequately address the special concerns domestic index warrants subject to early $345 billion, with the market attendant to the trading of index exercise the previous day. The capitalization of the individual stocks in warrants. Specifically, the applicable Commission believes that this the Index ranging from a high of suitability, account approval, information will aid the Amex in its approximately $48.5 billion to a low of disclosure, and compliance surveillance capacity and help it to approximately $126 million. Fourth, no requirements of the Amex warrant detect and deter market manipulation one particular stock or group of stocks listing standards, satisfactorily address and other trading abuses. dominates the Index. Specifically, no potential public customer concerns. D. Market Impact single stock accounts for more than Moreover, the Amex plans to distribute approximately 2.32% of the Index’s a circular to its membership calling The Commission believes that the value, and the percentage weighting of attention to specific risks associated listing and trading of warrants on the the five largest issues in the Index with warrants on the Index. Finally, Index will not adversely impact the account for approximately 11.6% of the pursuant to the Exchange’s listing underlying securities. First, the Amex’s Index’s value. Accordingly, the guidelines, only companies capable of existing index warrants surveillance Commission believes that it is meeting the Amex’s index warrant procedures will apply to warrants on appropriate to classify the Index as issuer standards will be eligible to issue the Index. Second, the Index is broad- broad-based so that the Exchange may Index Warrants. based, diversified, and includes highly capitalized securities that are actively- list warrants for trading pursuant to the C. Surveillance Amex warrant listing standards. traded. Lastly, the Amex has established The Commission believes that a reasonable position and exercise limits The Commission notes that with surveillance sharing agreement between respect to the maintenance of the Index, for stock index warrants, which will an exchange proposing to list a security serve to minimize potential shares of a component stock will only index derivative product and the be replaced (or supplemented) under manipulation and other stock market exchange(s) trading the securities concerns. certain limited circumstances, such as underlying the derivative product is an the conversion of a component stock The Commission finds good cause to important measure for the surveillance approve the proposed rule filing, into another class of security, the of the derivative and underlying termination of a depositary receipt including Amendment Nos. 1 and 2, securities markets. Such agreements prior to the thirtieth day after the date program, or the spin-off of a subsidiary. ensure the availability of the Accordingly, all replacement or of publication of notice of filing thereof information necessary to detect and in the Federal Register. The supplemental Index component deter potential manipulations and other securities will be related to the original Commission notes that no comments trading abuses, thereby making the were received on the proposal, which component stock. In addition, although security index product less readily the Index will be maintained by Bear was subject to the full 21-day notice and susceptible to manipulation. In this 32 Stearns, changes to the composition of comment period. Moreover, regard, the Amex, the NYSE, and the Amendment Nos. 1 and 2 to the Amex’s the Index can only be made with the National Association of Securities consent of the Amex. Moreover, if a proposal describe details of certain Dealers, Inc. (‘‘NASD’’) are all members Index maintenance procedures. In this change in the composition of the Index of the Intermarket Surveillance Group is contemplated for reasons other than regard, the Commission believes that the (‘‘ISG’’), which provides for the Exchange’s monthly review of the those set forth above, the Exchange will exchange of all necessary surveillance notify the Commission to determine Index’s component securities for information.30 whether a rule filing pursuant to Section options eligibility and applicable In addition, the Exchange has margin treatment, as described above, 19(b) of the Act will be required.29 developed enhanced surveillance will help to ensure that the Index The Amex has also implemented procedures to apply to domestic stock maintains its intended market character several safeguards in connection with index warrants which the Commission as well as remains an appropriate the listing and trading of the Index believes are adequate to surveil for trading vehicle for public customers. Warrants that will serve to ensure that manipulation and other abuses Accordingly, the Commission believes the Index maintains its intended that it is consistent with Section 6(b)(5) character as a highly capitalized, 30 The ISG was formed on July 14, 1983 to, among of the Act to approve the proposed rule diversified, and actively-traded index. other things, coordinate more effectively change, including Amendment Nos. 1 In this regard, the Exchange will notify surveillance and investigative information sharing arrangements in the stock and options markets. The and 2, on an accelerated basis. the Commission if less than 75% of the members of the ISG are: the Amex; the Boston Stock Interested persons are invited to component securities in the Index are Exchange, Inc.; the Chicago Board Options submit written data, views, and eligible for standardized options Exchange, Inc.; the Chicago Stock Exchange, Inc.; arguments concerning the rule proposal, trading, or if any underlying security the NASD; the NYSE; the Pacific Stock Exchange, Inc.; and the Philadelphia Stock Exchange, Inc. Due to the potential opportunities for trading abuses 31 In addition, the Commission notes that issuers 29 In this regard, the Commission notes that involving stock index futures, stock options, and are required to report to the Exchange all trades to appropriate procedures must be maintained by the underlying stock, as well as for the need for unwind a warrant hedge that are effected as a result those responsible for maintaining the Index in order greater sharing of surveillance information for these of the early exercise of domestic index warrants. to help to prevent and to deter the misuse of any potential intermarket trading abuses, the major This will enable the Exchange to monitor the informational advantages with respect to changes in stock index futures exchanges (e.g., the Chicago unwinding activity to determine if it was effected the composition of the Index. Such procedures Mercantile Exchange and the Chicago Board of in a manner that violates Exchange or Commission should include, for example, appropriate Trade) have also joined the ISG as affiliate rules. informational barriers. members. 32 See supra note 4. 6876 Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices as amended. Persons making written Waynesboro, and Winchester in the DEPARTMENT OF TRANSPORTATION submissions should file six copies Commonwealth of Virginia constitute a thereof with the Secretary, Securities disaster area due to damages caused by Federal Railroad Administration and Exchange Commission, 450 Fifth flooding which occurred January 19 Street NW., Washington, DC 20549. through February 1, 1996. Applications [FRA Emergency Order No. 20, Notice Copies of the submission, all subsequent for loans for physical damages may be No. 1] amendments, all written statements filed until the close of business on Commuter and Intercity Passenger with respect to the proposed rule March 27, 1996, and for loans for Railroads, Including Public Authorities change that are filed with the economic injury until the close of Commission, and all written Providing Passenger Service, and business on October 28, 1996 at the Affected Freight Railroads; Emergency communications relating to the address listed below: proposed rule change between the Order Requiring Enhanced Operating Commission and any person, other than U.S. Small Business Administration, Rules and Plans for Ensuring the those that may be withheld from the Disaster Area 2 Office, One Baltimore Safety of Passengers Occupying the public in accordance with the Place, Suite 300, Atlanta, GA 30308 Leading Car of a Train provisions of 5 U.S.C. 552, will be or other locally announced locations. In Introduction available for inspection and copying at addition, applications for economic the Commission’s Public Reference The Federal Railroad Administration Section, 450 Fifth Street NW., injury loans from small businesses (FRA) of the United States Department Washington, DC 20549. Copies of such located in the following contiguous of Transportation (DOT) has determined filing also will be available for counties may be filed until the specified that the safety of passengers and inspection and copying at the principal date at the above location: Albemarle, railroad employees compels issuance of office of the Amex. All submissions Amherst, Bedford, Craig, Fairfax, this Emergency Order. Based on the should refer to File No. SR–Amex–95– Fauquier, Greene, Madison, Nelson, historical record, rail passenger 58 and should be submitted by March Prince William, Rappahannock and transportation in the United States is an 14, 1996. Roanoke Counties in Virginia. extremely safe mode of transportation. However, recent train accidents in New IV. Conclusion Interest rates are: For Physical Damage: Percent Jersey and Maryland, which have For the foregoing reasons, the Homeowners with claimed a total of fourteen lives, have Commission finds that the Amex’s credit available else- caused DOT, FRA, and the Federal proposal to list and trade warrants based where ...... 8.000 Transit Administration (FTA) (also part on the Vantage Point Index is consistent Homeowners without of DOT) to have very serious concerns with the requirements of the Act and the credit available else- about the safety of certain aspects of rail rules and regulations thereunder. where ...... 4.000 passenger transportation. The National It Is Therefore Ordered, pursuant to Businesses with credit Transportation Safety Board (NTSB) has Section 19(b)(2) of the Act,33 that the available elsewhere 8.000 the lead in investigating both accidents. proposed rule change (SR–Amex–95– Businesses and non- FRA is assisting in both investigations. 58), as amended, is approved on an profit organizations Although NTSB will not reach final accelerated basis. without credit avail- conclusions as to probable cause of able elsewhere ...... 4.000 either accident for some time, NTSB’s For the Commission, by the Division of Others (including Market Regulation, pursuant to delegated non-profit organiza- preliminary conclusions and what FRA 34 authority. tions) with credit has learned from the investigations (set Margaret H. McFarland, available elsewhere 7.125 forth in detail, below) compel that Deputy Secretary. For Economic Injury: certain steps be taken now to reduce the [FR Doc. 96–3919 Filed 2–21–96; 8:45 am] Businesses and small risks to passengers and crew that BILLING CODE 8010±01±M agricultural co- apparently exist under certain operating operatives without conditions. credit available else- Of particular concern are those where ...... 4.000 SMALL BUSINESS ADMINISTRATION operations that involve carrying passengers in the lead car of a train over [Declaration of Disaster Loan Area #2830] The number assigned to this disaster for physical damage is 283006 and for segments of track that do not have either cab signal systems (which provide the Virginia; Declaration of Disaster Loan economic injury the number is 874300. engineer with an on-board display of Area Any counties contiguous to the above- signal indications alongside the tracks) As a result of the President’s major named primary counties and not listed or automatic train stop or automatic disaster declaration on January 27, 1996, herein, have been declared under a train control systems (which and amendments thereto on January 31 separate declaration for the same automatically cause the train to stop or and February 1, 2, and 9, I find that the occurrence. reduce speed where an engineer fails to Counties of Alleghany, Augusta, Bath, (Catalog of Federal Domestic Assistance respond appropriately to a trackside Botetourt, Clarke, Frederick, Highland, Program Nos. 59002 and 59008). signal). Both of the recent accidents Loudoun, Page, Rockbridge, Dated: February 14, 1996. involved such operations. While Rockingham, Shenandoah, and Warren, thousands of such operations occur Bernard Kulik, and the Independent Cities of Buena daily without incident, the occurrence Vista, Clifton Forge, Covington, Associate Administrator for Disaster of two fatal accidents in one week has Harrisonburg, Lexington, Staunton, Assistance. caused DOT, FRA, and FTA to examine [FR Doc. 96–3929 Filed 2–21–96; 8:45 am] closely the need for immediate 33 15 U.S.C. § 78s(b)(2) (1988) BILLING CODE 8025±01±P enhancements in the safety of such 34 17 CFR 200.30–3(a)(12) (1994). operations. Also of great concern, based Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices 6877 on the Maryland accident, is passenger in addition to marking exits, used by the locomotive cab that bypassed the and crew egress after an accident. railroad to inform passengers of the collision posts in the short hood. In summary, this order requires that location and operation of emergency Railroad property damage was estimated commuter and intercity passenger exits, specifying any plans for at more than $3.5 million. Although the railroads, including public authorities enhancing such information. In trains involved were equipped with cab providing passenger service through addition, each of these commuter and signal and automatic train control (ATC) contracts with other railroads, and any intercity passenger railroads, regardless apparatus, the wayside portion of the other entities (e.g., freight railroads with of the speeds or equipment they use, is signal system on the lines in question affected passenger service on their lines) required to ensure that each emergency did not provide cab signals. The method whose actions are necessary to window on every passenger car is of operation was by wayside signal effectuate this order, take certain clearly marked on the outside and indication. immediate steps with regard to any of inside and that a representative sample Based on preliminary information their operations above 30 miles per hour has been inspected to make sure they derived from the joint investigation of that do not entail cab signal, automatic are operable. the NTSB, FRA, and other parties, the train stop, or automatic train control FRA may amend this order at any accident appears to have resulted from protections and that permit passengers time to require other actions to ensure failure of train 1254 to observe signal to occupy the leading car (i.e., using safety. For example, depending on what indications requiring that the train be either cab cars as the forward car in the FRA learns from the railroads’ interim stopped short of the junction where the safety plans and other sources after accident occurred. Agencies are push-pull mode or self-propelled issuance of this order, it may decide that investigating whether lack of alertness locomotives with passenger seating (MU safety requires it to prohibit one or more on the part of the locomotive engineer, locomotives)). As set forth in detail railroads from carrying passengers in who was working the second portion a below, those railroads are required to: the lead car in the absence of a cab night ‘‘split shift,’’ may have (1) adopt and comply with an operating signal, automatic train stop, or contributed to the failure to observe rule requiring that, when a passenger automatic train control system. signal indications. Since the accident, train stops for any reason, including a New Jersey Transit has eliminated use station stop, or its speed is reduced Authority of the night split shift, which had below 10 m.p.h., the train shall proceed Authority to enforce Federal railroad previously been a longstanding practice under any speed limitations set forth in safety laws has been delegated by the on the railroad. applicable railroad operating rules, and Secretary of Transportation to the MARC accident, Silver Spring, MD. in addition, must be prepared to stop Federal Railroad Administrator. 49 CFR On February 16, 1996, at approximately before passing the next signal; the train § 1.49. Railroads are subject to FRA’s 5:40 p.m., a near-head-on collision must maintain the prescribed speed safety jurisdiction under the Federal occurred between Maryland Rail until the next wayside signal is clearly railroad safety laws. 49 U.S.C. §§ 20101, Commuter Authority (MARC) train visible and that signal displays a 20103. FRA is authorized to issue P28616 and National Railroad Passenger proceed indication, and the track to that emergency orders where an unsafe Corporation (Amtrak) train PO2916 on signal is clear; (2) adopt and comply condition or practice ‘‘causes an the CSX Transportation line at Silver with an operating rule requiring that a emergency situation involving a hazard Spring, Maryland (milepost 8.3). The crew member located in the operating of death or personal injury.’’ 49 U.S.C. Amtrak train consisted of two cab of a controlling locomotive, cab car, § 20104. These orders may immediately locomotives in the lead and 15 cars. The or MU car, shall have a means to orally impose ‘‘restrictions and prohibitions MARC train consisted of a cab control communicate and will communicate to . . . that may be necessary to abate the car in the lead followed by two another crew member the indication situation.’’ (Ibid.) passenger coaches and a locomotive and location of each wayside signal pushing the consist. Background affecting the movement of the train as The accident resulted in 11 fatalities, soon as the signal becomes visible, for New Jersey Transit Accident, consisting of 3 crew members and 8 all signals which require either that the Secaucus, NJ. On February 9, 1996, at passengers who were located in the train be prepared to stop at the next about 8:40 a.m., a near-head-on collision MARC cab car. Non-fatal injuries were wayside signal or that the train be occurred between New Jersey Transit sustained by at least 13 additional prepared to pass the next wayside signal trains 1254 and 1107 at mile post 2.8, passengers of the MARC train. As this at restricted speed; (3) take certain on the borderline of Secaucus and Jersey order was prepared, one passenger measures to instruct and test employees City, New Jersey. Speed at the point of remained in critical condition. on the aforementioned operating rules; collision was approximately 7 m.p.h. for Early investigative findings by staff of and (4) submit to FRA an interim system train 1254 and 53 m.p.h. for train 1107. the NTSB and FRA indicate that the safety plan for enhancing the safety of Of the 325 passengers on both trains, MARC train, proceeding eastbound such operations that includes (i) a one received fatal injuries and 162 toward Washington Union Station on description of circumstances in which reported minor injuries. The passenger Track No. 2, passed an intermediate the leading car is permitted to be fatality and most of the nonfatal injuries signal conveying an approach indication occupied by passengers; (ii) a review of to passengers occurred on train 1254, (proceed prepared to stop at next operating rules relevant to such which was operating with the cab signal), made a scheduled station stop operations; (iii) plans for any short-term control car forward and the locomotive immediately past the signal, accelerated technology enhancements that would pushing. In addition, the engineer was to approximately 63 miles per hour enhance train control; (iv) a review of fatally injured. The cab control car (maximum timetable speed 70 miles per crew management practices to see what incurred substantial damage as a result hour), and then applied the train’s steps can be taken to improve crew of near-frontal impact with the heavier emergency brakes upon rounding a alertness; (v) a review of the hazards locomotive of train 1107, operating in curve and establishing sight distance for posed to passengers in the forward car the ‘‘pull’’ mode. The locomotive the home signal governing a crossover by vehicles using highway-rail grade engineer on train 1107 was fatally between the two main tracks, which is crossings; and (vi) a review of practices, injured as a result of ‘‘cornering’’ of the believed to have displayed a stop signal. 6878 Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices

The MARC train proceeded past the Prior accidents further illustrate the • Emergency features integral to the signal and struck the midpoint of the potential risk. For instance, on August train (e.g., emergency lighting, operation lead locomotive of the Amtrak train, 1, 1981, at Beverly, Massachusetts, a of doors, access points in the event which was diverging from Track No. 2 commuter train engineer was killed and equipment is on its side); to Track No. 1 through the crossover. 28 passengers were injured when a • Standards for high-speed The initial impact sheared off the left commuter train in the push mode equipment; and collision post of the MARC cab car, collided head-on with a freight train due • Passenger car interiors. together with a substantial portion of to dispatcher error. On January 2, 1982, The working group will also prepare the front, side, and roof structure on the at Southhampton, Pennsylvania, a a second Notice of Proposed left side approximately one-third of the single rail diesel car commuter train Rulemaking (NPRM) for passenger way back along the length of the car. collided with a gas truck at a highway- power brakes (which may be combined The impact also ruptured the left diesel rail crossing due to malfunction of the with other subject matter). FRA fuel tank of the Amtrak lead locomotive, automated warning device at the anticipates publication of an NPRM on discharging an undetermined amount of crossing (loss of shunt). On November passenger equipment safety measures in diesel fuel into the MARC cab car. The 12, 1987, at Boston, Massachusetts, a 1996, followed by a final rule in 1997, MARC train continued substantially in train in the push mode struck the as required by law. Issues requiring line, apparently raking the second locomotive at the back of a train further research and technology locomotive and coming to rest proceeding in the same direction on the development may be included in a substantially parallel with the Amtrak same track, resulting in injuries to 3 subsequent NPRM. train. Diesel fuel present in the cab car crew members and 220 passengers, due Under the same statutory authority, ignited. in part to a wayside signal malfunction. FRA has also established an Emergency Both of these accidents involved At Gary, Indiana, on January 18, 1993, Preparedness Working Group for rail casualties in so-called ‘‘push/pull’’ two EMU consists struck in a cornering passenger service that is broadly operations with the consist being collision at the approach to a gauntlet representative of interested parties. This pushed by a locomotive at the rear. bridge, resulting in 7 fatalities and 95 effort builds on a process of research Control of such operations is conducted persons injured, due to failure of one of and consultation initiated in 1993. The from the front of a cab control car, or the engineers to observe signal working group is presently preparing an ‘‘cab car,’’ where an engineer indications. NPRM addressing issues such as on- compartment is located. Control cables board emergency equipment, run the length of the train, as do Related FRA Rulemaking Actions availability of first aid, liaison with electrical lines providing power for FRA is engaged in a broad range of emergency responders, communication heat, lights, and other purposes actions designed to further enhance the capability, and advance planning. throughout the train. safety of passenger operations. In Publication of the NPRM is anticipated Cab cars provide passenger seating, as September of 1994, the Secretary of in early summer. well as providing a location from which The measures taken in this emergency Transportation announced that FRA the train is operated. Cab cars are built order address matters of immediate would develop passenger equipment with the same minimum longitudinal concern as identified in the safety standards in two phases: initial strength as locomotives and with investigation of recent accidents. These regulations dealing with the most substantial collision posts at each end to measures will be integrated into the critical issues in three years, and final prevent incursion of other vehicles into process of dialogue and discussion regulations dealing with all related the occupied volume. However, cab cars already underway with respect to subjects in five years. In November are lighter than powered vehicles, and passenger equipment safety and 1994, Congress passed the Federal no combination of structural measures emergency preparedness. However, FRA Railroad Safety Authorization Act of can wholly prevent harm to persons in believes that public safety requires the 1994, section 215 of which requires the collisions involving substantial forces. actions called for by this order now Secretary to issue regulations under the Occupants of cab cars may incur a rather than waiting for the rulemaking timetable the Secretary had previously significantly higher risk of serious process to run its course. injury when compared with occupants announced, as measured from the of a locomotive-hauled consist, if the enactment of the statute. FRA has begun The Need for Action cab car collides with a heavier rail a rulemaking concerning comprehensive Although definitive conclusions have vehicle or any highway or rail vehicle passenger equipment safety standards. not been reached, preliminary transporting hazardous materials. A Passenger Equipment Working Group, indications are that both the Secaucus Similar risks may obtain in the case of including representatives of passenger and Silver Spring accidents could have electric multiple-unit (EMU) service and operators, employee representatives, rail been prevented had wayside signal diesel multiple-unit (DMU) service, passenger organizations, and States, indications been followed, and the because those vehicles have a structure assisted by railway suppliers, began death tolls might have been reduced similar to that of a cab car. work last summer on proposed rules. significantly had occupied cab cars not FRA recognizes that cab cars have An Advance Notice of Proposed been the lead cars. Additionally, the provided hundreds of millions of miles Rulemaking describing the issues under Silver Spring accident indicates a need of safe transportation since they were consideration by the working group will to ensure that emergency windows are introduced in the late 1950s. EMU and be published this spring, followed by clearly marked and operable. FRA DMU service has been provided with a one or more notices of proposed believes that certain immediate high degree of safety since the early rulemaking on issues such as the measures are necessary to prevent a decades of this century. However, the following: recurrence of these problems. recent accidents noted above compel • Inspection, testing and maintenance There is no evidence that push/pull or FRA to review the safety of these of passenger equipment; EMU operations are in any way over operations to determine whether means • Crashworthiness of passenger represented in passenger train can be found to further reduce the risk equipment, including cab car and accidents. All rail passenger operations, of serious injury in the subject service. passenger coach structural strength; like other forms of transportation, Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices 6879 involve some risk of injury due to communicated, take action to ensure the or commuter rail service to conduct an collision with other vehicles or fixed appropriate response. This will serve as analysis of their operations and file with structures. In certain accident scenarios a simple device to help the engineer FRA an interim safety plan indicating (e.g., where the passenger consist in remember to abide by signal indications the manner in which risk of a collision question is impacted from the rear), and will add safety redundancy by involving a cab car is addressed. push-pull operations with the cab car involving other crew members in Railroads are encouraged to implement forward actually offer greater protection. responsibility for safety with regard to identified opportunities for risk However, in collisions involving the compliance with signals. reduction immediately. Upon review of front of the passenger train, cab car The second rule will require that, if a these plans and the subject operations, forward and MU operations do present passenger train enters a block on a FRA will determine whether further an increased risk of severe personal signal indication and the train stops for action is warranted. injury or death when compared with any reason, including a station stop, or Plans will be reviewed with the locomotive-hauled service. This risk is its speed is reduced below 10 m.p.h., following factors in mind: of particular concern where operations the train shall proceed under speed • Railroads operating trains with the are conducted at relatively higher limitations set forth in existing benefit of cab signals incur reduced risk. speeds, where there is a mix of various applicable operating rules, and in Augmentation of cab signals with ATC types of trains, and where there are addition, must be prepared to stop or PTC further reduces risk. numerous highway-rail crossings over before passing the next signal; the train • Lower speed operations (e.g., not to which large motor vehicles are operated. must maintain the prescribed speed exceed 30 miles per hour) involve less As the accidents of past two weeks until the next wayside signal is clearly risk because of lower potential collision illustrate, this potential for accidents of visible and that signal displays a forces. greater severity warrants a review of proceed indication, and the track to that • The presence of automated warning measures taken to prevent such signal is clear. (For purposes of this devices, particularly flashing lights with accidents. Since most train collisions on order, a ‘‘block’’ is a length of track of gates, reduces risk of highway-rail the railroad result from human factors, defined limits the use of which is crossing accidents involving heavy the most effective preventive measure is governed by wayside signal vehicles, particularly if crossing a highly effective train control system. indications.) This will prevent surfaces and approaches do not create a Cab signal systems serve an important situations where a signal displays an ‘‘hump’’ capable of hanging up a long, safety purpose because they provide a aspect less favorable than ‘‘clear’’ prior low truck or trailer. constant display of the governing signal to a station stop but the engineer, after Moreover, each interim safety plan indication. This provides a corrective stopping and resuming movement, will address these specific issues: measure should an engineer fail to note, forgets that he or she should be forget, or misread a restrictive wayside operating at a reduced speed. This very Passenger occupancy of cab/MU cars signal indication. Even greater security well may be what happened in the in lead. Each interim safety plan must is provided by a train control system Silver Spring accident. Under this rule, include a review of the use of leading capable of intervening should the if the next signal is clear, timetable cab cars and MU cars for transportation engineer fail to observe signals and speed may be resumed. However, if the of passengers. In the Silver Spring operating rules for whatever reason (e.g., next signal requires a stop, the engineer accident, most train occupants were lack of alertness due to fatigue, sudden will have the train under control and be located in the cab car, even though two incapacitation, loss of situational prepared to stop short of the signal. This very lightly loaded passenger coaches awareness due to unusual events). Such rule will presumably result in a certain were available for occupancy. Some systems are referred to as automatic amount of slowing of operations operating authorities limit access to cab train control or automatic train stop between station stops and the next cars when seating capacity is not systems. New technologies currently forward signal, but FRA believes such required. This order asks other under development and demonstration relatively minimal delay is warranted to authorities to review this potential for that can prevent collisions and ensure safety. risk reduction. For instance, an operator overspeed derailments are known as whose service gathers small numbers of 2. Interim Safety Plans ‘‘positive train separation’’ (PTS), passengers on branch lines, with heavier ‘‘positive train control’’ (PTC), or FRA believes there is a broader need loadings at stops on a cab-signal- advanced train control (ATCS) systems. to have railroads carefully evaluate their equipped main line, might direct passenger operations with a view passengers to trailing coaches until the 1. Necessary Rule Changes toward enhancing the safety of those train arrives on the main line. With regard to cab car forward and operations, with particular attention Operating rules. As noted above, this MU operations over territory lacking at given to the safety of operations where order requires early amendment of least cab signals, the immediate need is passengers are in the lead car and to operating rules to make passenger to ensure that signal indications are ways that train control systems might be operations subject to the ‘‘delayed in followed. FRA believes that certain upgraded. FRA has concluded that the block’’ provisions of most existing rule operating rules, already in place on safety of such operations can be books and to require engineer-to-train many railroads, will assist engineers in enhanced by having each railroad crew communication of certain signals. remembering and adhering to signal develop an interim system safety plan These steps will enhance safety by indications. One rule will require that addressing these subjects. This will both adding a layer of redundancy in safety signal indications for an approach or focus the attention of those railroads on procedures where presently none exists. less favorable than an approach be avoiding occurrences similar to the In addition to these steps, the order called out by the engineer as they are recent accidents and provide FRA with requires passenger railroads to review seen. A designated crewmember detailed information allowing it to other operating rules applicable to their elsewhere in the train will acknowledge determine what further action may be particular methods of operation to the communication and, in the absence necessary. determine if enhancements in safety can of an appropriate response to a Therefore, this order will require be achieved consistent with provision of restrictive indication that has been railroads operating scheduled intercity efficient rail passenger service. 6880 Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices

Adverse operating conditions. Crew give consideration to closer interface to permit rapid and easy removal during performance and other aspects of with private crossing holders that use a crisis situation.’’) operational safety can be affected by the crossings for truck access, give Finding and Order unusual conditions such as heavy snow, greater attention to liaison with law fog, high water, and other unusual enforcement authorities, and explore FRA concludes that certain current conditions. This order requires a review other means that may reduce risk at conditions and practices on commuter of existing procedures to determine if both public and private crossings. and intercity passenger railroads pose reasonable enhancements in safety can Accelerated application of locomotive an imminent and unacceptable threat to be made by compensating for the alerting lights (already authorized by public and employee safety. Of greatest challenges these conditions pose to regulation and required by statute) may concern are push-pull and MU system performance. offer another opportunity for risk operations lacking the protection Short-term technology enhancements. reduction. This order requires that each provided by cab signal, automatic train Where the railroad and all trains are not railroad’s interim safety plan address stop, or automatic train control systems. already cab signal/ATC-equipped, these grade crossing issues in the I find that the unsafe conditions positive train control systems will offer context of cab-forward and MU discussed above create an emergency the most secure means of preventing operations. FRA is very concerned about situation involving a hazard of death or train collisions. However, PTC systems the safety of such operations in absence injury to persons. Accordingly, pursuant remain under development and will be of a plan to address grade crossing to the authority of 49 U.S.C. § 20104, deployed over a period of several years. hazards. delegated to me by the Secretary of Transportation (49 CFR § 1.49), it is The order requires review of possible Information on emergency exits. The hereby ordered that each commuter and technology enhancements that can be Silver Spring accident has raised serious intercity passenger railroad, and any achieved over a short time period. For concerns about whether the MARC other entity (e.g., freight railroads over instance, FRA believes that virtually all passengers had sufficient information whose lines affected passenger passenger operations include the use of about the location and operation of an alerting device that will stop the operations are conducted) whose emergency exits to enable them to find train should the engineer become actions are necessary to effectuate the and use those exits in a crisis. FRA incapacitated. However, certain freight directives in this order, take the believes it would be very useful for all operations on the same railroad may be following actions: commuter and intercity passenger conducted without such a device. railroads to review their practices, in (1) Delayed in Block Rule. Depending upon the number of units addition to marking the exits, for involved, equipping remaining trains Note: This rule applies to all push-pull and providing this information. with alerting devices (a readily available MU operations unless cab signal, automatic item) could close a gap in accident 3. Emergency Exits train stop, or automatic train control is in prevention at relatively low cost. operation, speeds do not exceed 30 m.p.h., or Crew management. Following the Finally, there is a need to ensure that within yard or terminal limits as specified for this purpose by the railroad. accident of February 9, New Jersey emergency exits are clearly marked and Transit found that it was able to in operable condition on all passenger • (A) Within 10 days of this order, eliminate night split shifts without lines, regardless of the equipment used have in effect, publish in its code of adversely affecting operations. Night or train control system. FRA’s operating rules, and comply with a rule split shifts present special problems regulations generally require that all that requires: If a passenger train enters because of the effect of biological passenger cars be equipped with at least a block on a signal indication and the rhythms and fatigue on human four emergency opening windows, train stops for any reason, including a performance. This order requires other which must be designed to permit rapid station stop, or its speed is reduced passenger operators using cab car/MU and easy removal during a crisis below 10 m.p.h., the train shall proceed forward trains to review their situation. The investigation of the Silver under speed limitations set forth in management of operating crews to Spring accident has raised some existing applicable railroad operating determine if opportunities exist for risk concerns that at least some of the rules, and in addition, must be prepared reduction similar to the action taken by occupants of the MARC train attempted to stop before passing the next signal. New Jersey Transit. FRA emphasizes unsuccessfully to exit through the The train must maintain the prescribed that the issue of on- and off-duty windows. Whether those same people speed until the next wayside signal is periods is governed by the hours of eventually were among those who clearly visible and that signal displays service law, as codified at 49 U.S.C. exited safely, or whether those persons a proceed indication, and the track to 21102–21108, 21303–21304. The order were attempting to open windows that that signal is clear. A copy of the rule requires passenger operators to consider were not emergency windows is not will be provided to the FRA Office of safety improvements that may be known at this time. However, there is Safety Assurance and Compliance in undertaken voluntarily in a manner that sufficient reason for concern to require care of James T. Schultz, Staff Director, is consistent with statutory law. FRA is that measures be taken to ensure that Operating Practices. also authorized to approve pilot projects such windows are readily identifiable • (B) Within 30 days of the issuance involving variances from the periods and operable when they are needed. of the railroad’s rule, a railroad specified by the statute upon petition by Accordingly, the order requires that any operating supervisor shall personally the railroad and designated emergency windows that are not already contact each engineer and conductor in representatives of the employees legibly marked as such on the inside passenger service and inform them in a involved. and outside be so marked, and that a face-to-face meeting of the requirements Highway-rail crossings. Cab-forward representative sample of all such of that rule. Such briefing shall be and MU operations pose a somewhat windows be examined to ensure documented and such documentation heightened risk of severe injury for operability. (FRA Safety Glazing shall be available for FRA review upon passengers should an accident occur, in Standards, 49 CFR Part 223, require that request, including date, time, location, comparison to locomotive-hauled each passenger car have a minimum of crew members contacted, and passenger coaches. Operators should four emergency window exits ‘‘designed supervisor making the contact. Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices 6881

• (C) Within 60 days of the issuance via intercom, cellular telephone, etc.) to • (B) Immediately begin, and within of the railroad’s rule, each engineer/ accomplish the procedure. 60 days of this order complete, a conductor in such passenger service • (C) If the engineer fails to control program to test a representative sample shall receive an unannounced the train movement in accordance with of emergency window exits on cars in operational (‘‘efficiency’’) test on the either a wayside signal indication or its fleets to verify proper operation. rule which requires a full stop at the other restrictions imposed upon the Defective units will be repaired before signal ahead; and, within 90 days of rule train, the designated crew member in a the car is returned to service. publication, an on-board operational trailing unit or car shall at once Additionally, when a defective exit is monitoring ride shall be conducted by communicate with and caution the discovered, all exits on that specific an operating supervisor of the railroad engineer regarding the restriction, and, series/type of car will be tested and to ensure a complete understanding of if necessary, take appropriate action to every defective exit replaced. Railroads rule provisions. Such tests and ensure the safety of the train, including must report to FRA when such action is operational monitoring checks shall be stopping the movement if appropriate. necessary, and shall include a timetable documented and such documentation • (D) Within 30 days of the issuance for window inspection and replacement shall be available for FRA review upon of the railroad’s rule, a railroad on the car series to remedy the problem request, including date, time, location, operating supervisor shall personally in the most expedient manner. crew members involved, and supervisor contact each engineer and conductor in • (C) Records of the date, car number, making the test/monitoring ride. and verification of proper exit operation • passenger service and inform them in a (D) The railroad’s program of face-to-face meeting of the requirements shall be maintained and available for operational tests and inspections under of this rule. Such briefing shall be FRA review upon request. Each railroad 49 CFR Part 217 shall be revised as documented and such documentation shall also verify emergency exit necessary to include this rule, and shall shall be available for FRA review upon operation as part of routine vehicle specifically include a minimum of two request, including date, time, location, maintenance cycles. such tests per year for each passenger crew members contacted, and (4) Interim System Safety Plans engineer. supervisor making the contact. (2) Crew Communications Rule • (E) Within 60 days of the issuance Each authority operating or of the railroad’s rule, each engineer/ contracting for the operation of push- Note: This rule applies to all push-pull and pull, EMU or DMU service (including MU operations unless cab signal, automatic conductor in such passenger service shall receive an unannounced Amtrak) shall, not later than 45 days train stop, or automatic train control is in from this order, submit to FRA an operation, speeds do not exceed 30 m.p.h., or operational ‘‘efficiency’’ test on the rule; within yard or terminal limits as specified for and, within 90 days of rule publication, interim system safety plan for the this purpose by the railroad. an on-board operational monitoring ride purpose of enhancing the safety of such operations. In developing such plans, • (A) Within 10 days of this order, shall be conducted by an operating the authority shall provide opportunity have in effect, publish in its operating supervisor of the railroad to ensure a for the riding public and designated rules, and comply with a rule that complete understanding of rule representatives of railroad employees to requires: A crew member located in the provisions. Such tests and operational comment on proposed actions that may operating cab of a controlling monitoring checks shall be documented affect the quality of service, including locomotive, cab car, or MU car, shall and such documentation shall be available for FRA review upon request, passenger safety. have means to communicate orally and The plan shall address the following including date, time, location, crew shall communicate the indication and hazards associated with passenger members involved, and supervisor location of each wayside signal affecting occupancy of lead units: the movement of the train as soon as the making the test/monitoring ride. • • Train-to-train collisions. signal becomes visible, for all signals (F) The railroad’s program of • Derailments giving rise to the which require either (1) that the train be operational tests and inspections under hazard of impact with fixed structures. prepared to stop at the next wayside 49 CFR Part 217 shall be revised as • Collisions with heavy vehicles at signal, or (2) that the train be prepared necessary to include this rule, and shall highway-rail crossings. to pass the next wayside signal at specifically include a minimum of two The plan shall take into consideration restricted speed. In multiple track such tests per year for each passenger the overall safety of all passengers and territory, the crew member shall include engineer. crew members and shall, at a minimum, the affected track number. A copy of the (3) Emergency Egress: Marking and address the following opportunities for rule shall be provided to the FRA Office Inspecting Exits risk reduction: of Safety Assurance and Compliance in (A) Use of cab car/MU car. The care of James T. Schultz, Staff Director, • (A) Within 60 days of this order, authority shall specify the Operating Practices. ensure that each emergency exit circumstances under which occupancy • (B) A designated crew member location is marked both inside the car of a cab or MU car in the lead position located on a trailing unit or car shall for passenger and crew information and, is permitted, by route and train immediately acknowledge the with regard to emergency window exits, assignment. The authority shall propose transmission, and confirm the on the exterior of the car as well for or report appropriate modifications in information to the crew member(s) on emergency responders. Markings for such practices, taking into consideration the controlling locomotive by repeating egress from inside the car shall be service needs (e.g., equipment capacity, the message. If the designated crew accompanied by clear and legible passenger loadings) and safety issues member fails to acknowledge the instructions for operation of the exit. (e.g., train densities, method of communication, the engineer must Such markings must be clearly visible operation, availability of cab signals and ascertain at the next scheduled stop and legible at egress locations. This automatic control, issues related to why the message is not being confirmed. paragraph does not require action where standing passengers, grade crossing If necessary due to radio equipment reasonably conspicuous and fully exposure, and other relevant factors). failure, alternative means shall be legible markings and instructions (B) Operating rules. The authority established by the operating crew (e.g., already exist. shall review railroad operating rules and 6882 Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices practices pertinent to the hazards listed FTA Administrator, will determine exceptional community partnerships above to determine if further whether other mandatory action appears that have implemented innovative enhancements in safety are warranted necessary to address hazards associated transportation-related safety programs and advise FRA as to what action is with the subject rail passenger service. in their communities. necessary to enhance the level of safety. Relief DEADLINE DATE: Applications for the Changes in existing rules shall be Secretary of Transportation’s specified. In conducting this review, the Petitions for special approval to take Community Partnership Awards must operating authority shall analyze the actions not in accordance with this be postmarked on or before April 19, measures imposed in sections 1 and 2 order may be submitted to the Associate 1996. of this order and may propose Administrator for Safety, who shall be MAILING ADDRESSES: Applications and all alternative approaches that ensure the authorized to dispose of those requests documents are to be submitted to: same enhancements in safety associated without the necessity of amending this Military Assistant to the Secretary, with those measures. order. Office of the Secretary, U.S. Department (C) Adverse conditions. In conducting of Transportation, 400 Seventh Street the review of railroad operating rules Penalties SW., Room 10200, Washington, DC and practices, consideration shall be Any violation of this order shall 20590. given to adverse or unusual operating subject the person committing the conditions such as weather (e.g., fog, violation to a civil penalty of up to FOR FURTHER INFORMATION CONTACT: Ms. heavy rain or snow, flooding, etc.). $20,000. 49 U.S.C. § 1301. FRA may, Diane Wigle, Special Assistant to the (D) Short-term technology through the Attorney General, also seek Secretary, Office of the Secretary, U.S. enhancements. The authority shall injunctive relief to enforce this order. 49 Department of Transportation, 400 consider short-term enhancements in U.S.C. § 20112. Seventh Street S.W., Room 10200, technology that may improve the safety Washington, DC 20590, (202) 366–9361. Effective Date and Notice to Affected of train operations, such as use of SUPPLEMENTARY INFORMATION: alerting devices, equipping of additional Persons locomotives with cab signal/ATC This order shall take effect at 12:01 Background apparatus (where in effect on the a.m on February 21, 1996. This notice This Notice solicits nominations for territory), or other available will be published in the Federal the Secretary of Transportation’s enhancements to enhance engineer Register as soon as possible. Prior to Community Partnership Awards and performance or provide warning of publication, copies of this notice will be provides relevant information on the operation in excess of authority delivered by overnight mail or facsimile application and selection process. This provided by the wayside signal system. to the affected passenger railroads, award program recognizes exceptional In addition, the authority shall consider public authorities, and railroad labor community programs which have whether the installation of additional organizations. successfully implemented innovative signals on any particular line would programs to improve transportation Review appreciably reduce the risk of train safety. collisions. Opportunity for formal review of this (E) Crew management. The authority Emergency Order will be provided in Purpose shall review crew management practices accordance with 49 U.S.C. § 20104(b) Transportation safety begins at home. in light of contemporary literature and section 554 of Title 5 of the United Be it a parent securing a child in a safety regarding shift work and cumulative States Code. seat or a bike helmet or a child fatigue to determine if the alertness and Administrative procedures governing reminding a car operator to buckle-up, performance of employees can be such review are found at 49 CFR Part those safe behaviors are carried out by promoted by changes in those practices. 211. See 49 CFR §§ 211.47, 211.71, individuals across the nation millions of Special attention shall be given to the 211.73, 211.75, and 211.77. times each day. It has been shown time issue of night split shifts. Issued in Washington, DC, on February 20, and again that the way to instill safe (F) Highway-rail grade crossings. The 1996. behavior in people is to reach them authority shall review risks to Jolene M. Molitoris, through community programs and passengers associated with occupancy activities. One of the most significant Administrator. of cab or MU cars in the lead while developments in the fight to reduce passing over highway-rail crossings, [FR Doc. 96–4204 Filed 2–21–96; 8:45 am] transportation-related deaths, injuries particularly crossings utilized by heavy BILLING CODE 4910±06±P and their costs is the emergence of local vehicles and vehicles transporting coalitions and programs addressing a hazardous materials, and shall address community’s transportation safety Office of the Secretary measures that can reduce these risks. problems. The Secretary of (G) Emergency exit notification. The Criteria and Application Process for Transportation has established the authority shall review methods it uses, the Secretary of Transportation's Secretary of Transportation’s in addition to marking emergency exits, Community Partnership Awards Community Partnership Awards to to inform passengers of the location and recognize and honor outstanding operation of those exits, such as flyers AGENCY: DOT. community transportation safety dropped on seats, announcements to ACTION: Notice. programs because of the important and passengers, explanations on the face of vital role they play in keeping passenger tickets, etc. The authority SUMMARY: The Department of Americans safe each time they travel. shall specify any plans it has to increase Transportation (DOT) announces passenger awareness of the location and procedures and guidelines for Award Categories operation of emergency exits. nominating community programs to Four (4) awards will be presented in Upon receipt of plans responsive to receive the Secretary of Transportation’s the following three (3) categories: the above-referenced requirements, the Community Partnership Awards. These • Child Transportation Safety—One Administrator, in consultation with the annual awards will recognize award will be presented to recognize an Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices 6883 exemplary community program longer than one page) describing the Program Eligibility partnership which addresses program, how it has met the identified To be eligible, a program must be a transportation safety issues involving needs of the community, and its impact coordinated, comprehensive activity children under the age of 16. on the community. Beginning on a that addresses an identified or potential • Transportation Safety—Two awards separate piece of page, please provide transportation-related safety problem(s) will be made in this category to detailed information describing: within a community. The community recognize community program • the community being served by the being served by the program should be partnerships addressing identified or program; defined by the applicant. Definitions of potential transportation safety problems. • the problem(s) or potential ‘‘community’’ include the citizenry in One award, of the two, will recognize a problem(s) and how they were neighborhoods, towns, cities, villages, program addressing multimodal identified; counties, etc. In addition, a nominated transportation safety issues. Multimodal • issues include traffic (bicycle, the program’s goals, objectives, and community program must have been pedestrian, and roadway) boating, outcomes; operational for at least one year. • transit, railroad, aviation, pipeline, program partnerships; and Review Process transportation of hazardous materials, • how this program meets the An initial review of all applications and motor carrier safety issues; and identified transportation safety needs of • Safe Communities—One award will the community and how its will be conducted by DOT staff to be presented to a ‘‘Safe Community’’ effectiveness is measured. determine completeness and program. In addition to transportation- compliance with the award criteria. Review Criteria related injuries, a Safe Community Applications will then be submitted to program addresses other types of injury Nominations will be evaluated based a panel of reviewers that includes such as: falls and those related to sports, on the following criteria: representatives from Departmental agencies, partner organizations, and occupation, and violence. This award • Problem Identification and will be made to a community community advocacy groups. Each Community Assessment. The program award category will have a separate transportation safety program that has demonstrates an understanding of the shown innovation in moving toward panel of reviewers. A numerical score nature of the transportation-related will be given to each of the criteria this comprehensive injury prevention fatalities, injuries and non-injury approach, has included a broad array of segments. The criteria will be weighted incidents within the community. This equally. partners (including both traditional includes an understanding of the transportation partners and new causes, the seriousness of the injuries, Entry Rules partners from the health, medical, and the risk factors, and the costs to the An original and three (3) copies of the business communities) and is focused community. In addition, the program nomination must be submitted to on reducing injuries and associated demonstrates an understanding of the Commander Edward Gleason, Military costs. community it serves, including local Assistant to the Secretary, Office of the Presentation of Awards resources. Secretary, U.S. Department of • Community Partnerships. The Recipients will receive an award and Transportation, 400 Seventh Street SW., program demonstrates the importance of letter of commendation from the U.S. Room 10200, Washington, DC 20590, partnerships in determining and solving Secretary of Transportation. In addition, and postmarked on or before April 19, transportation-related safety problems each recipient will be featured in an 1996. Delivery by certified mail is by forging relationships with a variety of awards publication designed to share recommended. Facsimile applications stakeholders such as local government, each program’s success story as an will not be accepted. law enforcement, emergency medical illustration of creative solutions used to Issued this 15th day of February 1996, in services, hospitals, rehabilitation build safer and healthier communities. Washington, DC, by: Commander Edward specialists, schools, and businesses. If Awards will be presented at a special Gleason, Military Assistant to the Secretary. the program is multimodal, luncheon program during the Edward Gleason, Commander, representatives of the different Department of Transportation’s ‘‘Moving Military Assistant to the Secretary . transportation modes are involved. Kids Safely ’96: Building Safe [FR Doc. 96–3932 Filed 2–21–96; 8:45 am] • Innovative and Comprehensive Communities,’’ child safety conference BILLING CODE 4910±62±P to be held June 9–12, 1996 in Vienna, Approaches. The program demonstrates Virginia. visible community support by involving Further information about the award community members in prioritizing Federal Aviation Administration ceremony will be provided once the identified problems, identifying [Summary Notice No. PE±96±5] award recipients have been selected and solutions unique to the community and notified. For further information about implementing those solutions. It also demonstrates unique partnerships, Petitions for Exemption; Summary of the conference, please call 1–800–784– Petitioners Received; Disposition of 1215. creative approaches for involving partners, and solving community safety Petitions Issued Application Process problems or potential risk situations AGENCY: Federal Aviation Attach a cover sheet stating the using multiple strategies for addressing Administration (FAA), DOT. identified problems. program’s name, address, telephone and ACTION: Notice of petitions for • fax number, and contact person. A Evidence of Concrete, Quantifiable exemption received and of dispositions program may only be nominated in one Results. The program has achieved of prior petitions. award category; please specify on the measurable results showing the cover sheet the award category for effectiveness of its strategies in SUMMARY: Pursuant to FAA’s rulemaking which the program is being nominated. determining improvements in identified provisions governing the application, To be eligible the application must transportation safety problems and processing, and disposition of petitions contain a brief summary statement (no reduction of related costs. for exemption (14 CFR Part 11), this 6884 Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices notice contains a summary of certain or other items designated as necessary This notice is published pursuant to petitions seeking relief from specified by the Federal Emergency Management paragraphs (c), (e), and (g) of § 11.27 of requirements of the Federal Aviation Agency (FEMA) to the Hurricane Part 11 of the Federal Aviation Regulations (14 CFR Chapter I), Marilyn victims in St. Thomas. Grant, Regulations (14 CFR Part 11). dispositions of certain petitions September 21, 1995, Exemption Nos. Issued in Washington, DC, on February 16, previously received, and corrections. 6167–6173, 6198–6225, and 6231–6244. 1996. The purpose of this notice is to improve [FR Doc. 96–3980 Filed 2–21–96; 8:45 am] Donald P. Byrne, the public’s awareness of, and Assistant Chief Counsel for Regulations. participation in, this aspect of FAA’s BILLING CODE 4910±13±M regulatory activities. Neither publication Petitions for Exemption of this notice nor the inclusion or [Summary Notice No. PE±96±8] Docket No.: 28452. omission of information in the summary Petitioner: Boeing Commercial Petitions for Exemption; Summary of is intended to affect the legal status of Airplane Group. Petitions Received; Dispositions of any petition or its final disposition. Sections of the FAR Affected: 14 CFR Petitions Issued DATE: Comments on petitions received 25.562(b)(2). must identify the petition docket AGENCY: Federal Aviation Description of Relief Sought: To number involved and must be received Administration (FAA), DOT. permit the Boeing Commercial Airplane on or before March 8, 1996. ACTION: Notice of petitions for Group relief from the floor warpage ADDRESSES: Send comments on any exemption received and of dispositions testing requirements for flight deck seats petition in triplicate to: Federal of prior petitions. on Boeing Model 737–600/–700/–800 Aviation Administration, Office of the airplanes. Chief Counsel, Attn: Rule Docket (AGC– SUMMARY: Pursuant to FAA’s rulemaking Docket No.: 28268. 200), Petition Docket No. llll, 800 provisions governing the application, Petitioner: County of Charleston. Independence Avenue SW., processing, and disposition of petitions Sections of the FAR Affected: 49 Washington, D.C. 20591. for exemption (14 CFR Part 11), this U.S.C. subtitle VII, part A, chapter 417, Comments may also be sent notice contains a summary of certain sections 41708, 41709, and 41738; and electronically to the following internet petitions seeking relief from specified chapter 447, sections 44701, 44702, and address: [email protected]. requirements of the Federal Aviation 44705. The petition, any comments received, Regulations (14 CFR Chapter I), Description of Relief Sought: To and a copy of any final disposition are dispositions of certain petitions permit Charleston County to continue to filed in the assigned regulatory docket previously received, and corrections. perform mosquito abatement functions and are available for examination in the The purpose of this notice is to improve without meeting certain reporting and Rules Docket (AGC–200), Room 915G, the public’s awareness of, and aircraft fitness requirements and FAA Headquarters Building (FOB 10A), participation in, this aspect of FAA’s without obtaining a part 135 or a part 800 Independence Avenue SW., regulatory activities. Neither publication 137 operating certificate. Washington, D.C. 20591; telephone of this notice nor the inclusion or (202) 267–3132. omission of information in the summary Dispositions of Petitions FOR FURTHER INFORMATION CONTACT: Mr. is intended to affect the legal status of Docket No.: 22286. D. Michael Smith, Office of Rulemaking any petition or its final disposition. Petitioner: Finnair OY. (ARM–1), Federal Aviation DATES: Comments on petitions received Sections of the FAR Affected: 14 CFR Administration, 800 Independence must identify the petition docket 21.197. Avenue SW., Washington, DC 20591; number involved and must be received Description of Relief Sought/ telephone (202) 267–7470. on or before March 8, 1996. Disposition: To extension Exemption This notice is published pursuant to ADDRESSES: Send comments on any No. 4598, as amended, which permits paragraphs (c), (e), and (g) of § 11.27 of petition in triplicate to: Federal Finnair to allow the use of a special Part 11 of the Federal Aviation Aviation Administration, Office of the flight permit with continuing Regulations (14 CFR Part 11). Chief Counsel, Attn: Rule Docket (AGC– authorization for its DC–10–30 aircraft, Issued in Washington, D.C., on February 200), Petition Docket No. llll, 800 Registration No. N345HC. Grant, 16, 1996. Independence Avenue SW., December 18, 1995, Exemption No. Donald P. Byrne, Washington, DC 20591. 4598E. Assistant Chief Counsel for Regulations. Comments may also be sent Docket No.: 22441. electronically to the following internet Petitioner: United Airlines, Inc. Dispositions of Petitions address: [email protected]. Sections of the FAR Affected: 14 CFR Docket No.: 28344. The petition, any comments received, 121.433(c)(1)(iii); 121.440(a); Petitioner: Trans Continental Airlines, and a copy of any final disposition are 121.441(a)(1) and (b)(1); appendix F to Inc., et al. filed in the assigned regulatory docket part 121; and SFAR 58. Sections of the FAR Affected: 14 CFR and are available for examination in the Description of Relief Sought/ 91.805. Rules Docket (AGC–200), Room 915G, Disposition: To extend Exemption No. Description of Relief Sought/ FAA Headquarters Building (FOB 10A), 3451, as amended, which permits Disposition: To allow Trans Continental 800 Independence Avenue, SW., United Airlines, Inc., (UAL) to combine Airlines, Inc., and other petitioners to Washington, DC 20591; telephone (202) recurrent flight and ground training and operate their DC–8 airplane(s) with 267–3132. proficiency checks for UAL’s pilots in ‘‘flaps-50,’’ if necessary, for landings at FOR FURTHER INFORMATION CONTACT: command (PIC), seconds in command St. Thomas, U.S.V.I. In their petition, Mr. D. Michael Smith, Office of (SIC), and flight engineers (FE) in a they seek an emergency exemption Rulemaking (ARM–1), Federal Aviation single annual training and proficiency under § 11.27(j) for this emergency relief Administration, 800 Independence evaluation program, i.e., a single-visit flight(s) to St. Thomas in order to Avenue, SW., Washington, DC 20591; training program. Grant, January 29, transport medical supplies, water, food, telephone (202) 267–7470. 1996, Exemption No. 3451J. Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices 6885

Docket No.: 25351. and 121.438 supersedes the provisions Docket No. 28361. Petitioner: USAir, Inc. of ACOB 8–88–1 and makes compliance Petitioner: ValuJet Airlines, Inc. Sections of the FAR Affected: 14 CFR with ACOB a moot point. The FAA Sections of the FAR Affected: 14 CFR 121.371(a) and 121.378. concurs with this point and no longer 91.203 (a) and (b). Description of Relief Sought/ requires compliance with this ACOB. Description of Relief Sought/ Disposition: To extend and amend Grant, January 29, 1996, Exemption No. Disposition: To allow ValuJet to operate Exemption No. 5005, as amended, 5400B. temporarily its U.S.-registered aircraft which permits USAir to utilize certain Docket No.: 26532. following the incidental loss or foreign original equipment Petitioner: McCall & Wilderness Air, mutilation of the airworthiness manufacturers (OEM) and related repair Inc. certificate or the registration certificate, facilities to perform maintenance, Sections of the FAR Affected: 14 CFR or both. Grant, January 26, 1996, preventive maintenance, and alterations 43.3(g). Exemption No. 6395. on the components, parts, and Description of Relief Sought/ [FR Doc. 96–3979 Filed 2–21–96; 8:45 am] appliances produced by these foreign Disposition: To extend and amend BILLING CODE 4910±13±M manufacturers and used on British Exemption No. 5381, as amended, Aerospace BAC–111 and BAe–146; which permits appropriately trained Boeing B–737–300, B–737–400, B–757, pilots employed by McCall & [Summary Notice No. PE±96±7] and B–767–200ER; and Fokker F–28 and Wilderness Air, Inc. (McCall), to remove Petitions for Exemption; Summary of F–100 aircraft operated by USAir. The and reinstall passenger seats in aircraft Petitions Received; Dispositions of amendment lists only two foreign OEMs that are type certificated for nine or Petitions Issued that USAir is authorized to use under fewer passenger seats and used in the authority of the exemption. Grant, operations conducted by McCall under AGENCY: Federal Aviation December 29, 1995, Exemption No. part 135. The amendment changes the Administration (FAA), DOT. 5005E. name McCall Air Taxi, Inc., to McCall ACTION: Notice of petitions for Docket No.: 25390. & Wilderness Air, Inc. Grant, December exemption received and of dispositions Petitioner: Airbus Industrie. 29, 1995, Exemption No. 5381B. of prior petitions. Sections of the FAR Affected: 14 CFR Docket No.: 27346. 145.35. Petitioner: Fairchild Aircraft SUMMARY: Pursuant to FAA’s rulemaking Description of Relief Sought/ Incorporated. provisions governing the application, Disposition: To amend Exemption No. Sections of the FAR Affected: 14 CFR processing, and disposition of petitions 6029, which permits the production 91.531(a)(3). for exemption (14 CFR Part 11), this units of the members and associated Description of Relief Sought/ notice contains a summary of certain partners of the Airbus Industrie Disposition: To extend Exemption No. petitions seeking relief from specified consortium to be certificated 5367, as amended, which permits requirements of the Federal Aviation collectively under Airbus Industrie as a Fairchild to allow its type-rated Regulations (14 CFR Chapter I), U.S. foreign repair station to support company pilots to conduct production dispositions of certain petitions maintenance of U.S.-registered A300, and experimental test flights in the previously received, and corrections. A310, A320, A321, A330, and A340 SA227–CC and SA227–DC airplanes The purpose of this notice is to improve series aircraft. The amendment corrects without a second in command (SIC). It the public’s awareness of, and an FAA omission in the original also permits all operators of Fairchild participation in, this aspect of FAA’s exemption and updates the authority commuter category airplanes (SA227– regulatory activities. Neither publication cites. Grant, December 28, 1995, CC, SA227–DC, and other airplanes on of this notice nor the inclusion or Exemption No. 6029A. the same type certificate) to conduct omission of information in the summary Docket No.: 25993. flight operations without a designated is intended to affect the legal status of Petitioner: A. J. Dunn et al. SIC pilot, provided the airplane is type any petition or its final disposition. Sections of the FAR Affected: 14 CFR certificated for single-pilot operations DATES: Comments on petitions received 121.383(c). and is carrying nine or fewer must identify the petition docket Description of Relief Sought/ passengers. Grant, January 29, 1996, number involved and must be received Disposition: To permit exemption from Exemption No. 5367C. on or before March 8, 1996. the Age 60 rule. Denial, January 25, Docket No.: 27469. ADDRESSES: Send comments on any 1996, Exemption No. 6394. Petitioner: L.A.B. Flying Service. petition in triplicate to: Federal Docket No.: 26183. Sections of the FAR Affected: 14 CFR Aviation Administration, Office of the Petitioner: Air Transport Association 43.3(g). Chief Counsel, Attn: Rule Docket (AGC– of America. Description of Relief Sought/ 200), Petition Docket No. llll, 800 Sections of the FAR Affected: 14 CFR Disposition: To extend and amend Independence Avenue, SW., 121.434 and 121.438. Exemption No. 5804, as amended, Washington, DC 20591. Description of Relief Sought/ which permits appropriately trained Comments may also be sent Disposition: To extend and amend pilots employed by L.A.B. Flying electronically to the following internet Exemption No. 5400, as amended, Service (L.A.B.) to remove and reinstall address: [email protected]. which provides relief from 14 CFR passenger seats in aircraft that are type The petition, any comments received, appendix H to part 121, permitting the certificated for nine or fewer passenger and a copy of any final disposition are use of a Level C (Phase II) simulator for seats and used in operations conducted filed in the assigned regulatory docket pilot-in-command training and by L.A.B. under part 135. The and are available for examination in the checking. The amendment deletes from amendment includes the addition of a Rules Docket (AGC–200), Room 915G, the exemption all reference to Air Piper PA–18, as well as revisions to the FAA Headquarters Building (FOB 10A), Carrier Operations Bulletin (ACOB) 8– conditions and limitations of the prior 800 Independence Avenue SW., 88–1. The petitioner notes that exemption. Grant, December 29, 1995, Washington, D.C. 20591; telephone Amendment No. 121–248 to §§ 121.434 Exemption No. 5804A. (202) 267–3132. 6886 Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices

FOR FURTHER INFORMATION CONTACT: International Civil Aviation requested 7 calendar days before the Mr. D. Michael Smith, Office of Organization (ICAO), Committee On meeting. Rulemaking (ARM–1), Federal Aviation Aviation Environmental Protection Jim Muldoon, Administration, 800 Independence (CAEP) Office of Environment and Energy. Avenue, SW., Washington, DC 20591; AGENCY: Federal Aviation [FR Doc. 96–3966 Filed 2–16–96; 1:36 pm] telephone (202) 267–7470. Administration (FAA), DOT. BILLING CODE 4910±13±M This notice is published pursuant to ACTION: Notice of meeting. paragraphs (c), (e), and (g) of § 11.27 of SUMMARY: The FAA is issuing this notice Notice of Intent to Rule on Application Part 11 of the Federal Aviation to Use the Revenue from a Passenger Regulations (14 CFR Part 11). to advise interested parties of a briefing to be given by The Office of Facility Charge (PFC) at Pellston Issued in Washington, D.C., on February Environment and Energy on the results Regional Airport of Emmet County, 16, 1996. of the third meeting of the ICAO/CAEP Pellston, Michigan Donald P. Byrne, Montreal, Canada, December 5–15, AGENCY: Federal Aviation Assistant Chief Counsel for Regulations. 1995. The ICAO/CAEP is a group of Administration (FAA), DOT. aviation experts from government and Petitions for Exemption ACTION: Notice of intent to rule on industry responsible for recommending application. Docket No.: 011SW. international noise and emissions standards for civil aircraft and engines. SUMMARY: The FAA proposes to rule and Petitioner: Agusta S.P.A. DATES: The meeting will be held on invites public comment on the Sections of the FAR Affected: 14 CFR March 1, 1996. application to use the revenue from a 27.1(a). TIME: 1:00 pm to 3:00 pm. PFC at Pellston Regional Airport of Emmet County under the provisions of Description of Relief Sought: To allow ADDRESS: The meeting will be held at the Aviation Safety and Capacity Agusta to increase the maximum gross Federal Aviation Administration, Expansion Act of 1990 (Title IX of the weight of the Agusta A109 series Washington, DC, in room 5 AB. helicopters from 6,000 to 7,000 pounds. Omnibus Budget Reconciliation Act of FOR FURTHER INFORMATION CONTACT: Mr. 1990) (Public Law 101–508) and Part Docket No.: 28383. Jim Muldoon, Office of Environment 158 of the Federal Aviation Regulations and Energy, Federal Aviation Petitioner: Matsushita Avionics (14 CFR Part 158). Administration, 800 Independence Systems Corporation. DATES: Comments must be received on Avenue SW., Washington, DC 20591, or before March 25, 1996. Sections of the FAR Affected: 14 CFR fax (202) 267–5594. 21.303(g) and 21.325(b)(3). In 1992, four working groups were ADDRESSES: Comments on this application may be mailed or delivered Description of Relief Sought: To established under the CAEP to pursue in triplicate to the FAA at the following permit Matsushita Avionics Systems the work of the committee. Terms of reference were developed to undertake address: Corporation (MAS) to produce parts Federal Aviation Administration, under a Parts Manufacturer Approval at specific studies related to the control of aircraft noise and gaseous emissions Detroit Airports District Office, Willow its divisional facility located in Osaka, Run Airport, East, 8820 Beck Road, Japan. The exemption, if granted, would from aircraft engines. The working groups completed their studies and the Belleville, Michigan 48111. also permit Designated Manufacturing In addition, one copy of any Inspection Representatives employed by findings were presented in Bonn, Germany, June, 1995. A briefing was comments submitted to the FAA must MAS to issue Export Airworthiness provided by The Office of Environment be mailed or delivered to Mr. Raymond Approvals or Identification Tags (Form and Energy on the results of that L. Thompson, Airport Manager, of the 8130–0) for products shipped from the meeting on Sept. 15, 1995. The primary County of Emmet at the following Osaka facility. purpose of the December ICAO/CAEP address: Pellston Regional Airport of Docket No.: 28440. meeting was to evaluate the analyses Emmet County U.S. 31 North Pellston, and recommendations of the working Michigan 49769. Petitioner: Companhia Eletromecanica Air carriers and foreign air carriers Celma. groups and to establish a future work program for the Committee. may submit copies of written comments Sections of the FAR Affected: 14 CFR The agenda for the March meeting previously provided to the County of 145.47(b) will include: Emmet under section 158.23 of Part 158. Description of Relief Sought: To • An overview of the meeting FOR FURTHER INFORMATION CONTACT: permit Companhia Eletromecanica • The disposition of Mr. Jon B. Gilbert, Program Manager, Celma, an FAA-certificated foreign recommendations on Noise and Federal Aviation Administration, repair station located at Petropo´lis (FAA Emission Stringency by CAEP Detroit Airports District Office, Willow • Certificate No. EM4Y159M) to substitute Next steps in the ICAO process Run Airport, East, 8820 Beck Road, • the calibration standards of the Future CAEP work Belleville, Michigan 48111 (313–487– • 7281). The application may be reviewed Brazilian national standards laboratory, Question, comment and answer in person at this same location. Instituto Nacional de Metrologia, period Normalizac¸a˜o e Qualidade Industrial, Attendance is open to the public, and SUPPLEMENTARY INFORMATION: The FAA for the calibration standards of the U.S. will only be limited by space available. proposes to rule and invites public National Institute of Standards and Arrangements can be made by comment on the application to use the Technology for its inspection and test contacting the person listed under the revenue from a PFC at Pellston Regional equipment. heading FOR FURTHER INFORMATION Airport of Emmet County under the CONTACT. Sign and oral interpretation provisions of the Aviation Safety and [FR Doc. 96–3978 Filed 2–21–96; 8:45 am] can be made available at the meeting, as Capacity Expansion Act of 1990 (Title BILLING CODE 4910±13±M well as an assistive listening device, if IX of the Omnibus Budget Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices 6887

Reconciliation Act of 1990) (Public Law to comply with all applicable Federal Champagne believes is substantially 101–508) and Part 158 of the Federal motor vehicle safety standards are similar is the 1994 Volvo 940 GL Aviation Regulations (14 CFR Part 158). eligible for importation into the United Wagon. Champagne submitted On February 7, 1996, the FAA States because they are substantially information indicating that the 1994 determined that the application to use similar to a vehicle originally Volvo 940 GL Wagon was certified as the revenue from a PFC submitted by manufactured for importation into and conforming to all applicable Federal the County of Emmet was substantially sale in the United States and certified by motor vehicle safety standards and complete within the requirements of its manufacturer as complying with the offered for sale in the United States. section 158.25 of Part 158. The FAA safety standards (the 1994 Volvo 940 GL Champagne submitted information will approve or disapprove the Wagon), and they are capable of being with its petition intended to application, in whole or in part, no later readily altered to conform to the demonstrate that the 1994 Volvo 945 GL than May 22, 1996. standards. Wagon, as originally manufactured, The following is a brief overview of DATE: This decision is effective as of the conforms to many Federal motor vehicle the application. date of its publication in the Federal safety standards in the same manner as PFC Application No.: 96–03–U–00– Register (February 22, 1996). the 1994 Volvo 940 GL Wagon, or is PLN; FOR FURTHER INFORMATION CONTACT: capable of being readily altered to Level of the PFC: $3.00; George Entwistle, Office of Vehicle conform to those standards. Actual charge effective date: March 1, Safety Compliance, NHTSA (202–366– Specifically, the petitioner claimed 1993; 5306). that the 1994 Volvo 945 GL Wagon is Estimated charge expiration date: identical to the 1994 Volvo 940 GL SUPPLEMENTARY INFORMATION: January 31, 1998; Wagon with respect to compliance with Total approved net PFC revenue: Background Standard Nos. 102 Transmission Shift $177,717.00; and Under 49 U.S.C. 30141(a)(1)(A) Lever Sequence * * *., 103 Defrosting Brief description of proposed (formerly section 108(c)(3)(A)(i) of the and Defogging Systems, 104 Windshield project(s): Rehabilitate Taxiway A; National Traffic and Motor Vehicle Wiping and Washing Systems, 105 Rehabilitate medium intensity runway Safety Act (the Act)), a motor vehicle Hydraulic Brake Systems, 106 Brake lighting (MIRL) for Runway 5/23; that was not originally manufactured to Hoses, 107 Reflecting Surfaces, 109 New Purchase snow removal equipment conform to all applicable Federal motor Pneumatic Tires, 113 Hood Latch (SRE). vehicle safety standards shall be refused Systems, 116 Brake Fluid, 124 Class or classes of air carriers which admission into the United States unless Accelerator Control Systems, 201 the public agency has requested not be NHTSA has decided that the motor Occupant Protection in Interior Impact, required to collect PFCs; air taxies and vehicle is substantially similar to a 202 Head Restraints, 204 Steering charters. motor vehicle originally manufactured Control Rearward Displacement, 205 Any person may inspect the for importation into and sale in the Glazing Materials, 206 Door Locks and application in person at the FAA office United States, certified under 49 U.S.C. Door Retention Components, 207 listed above under FOR FURTHER 30115 (formerly section 114 of the Act), Seating Systems, 209 Seat Belt INFORMATION CONTACT. and of the same model year as the Assemblies, 210 Seat Belt Assembly In addition, any person may, upon model of the motor vehicle to be Anchorages, 211 Wheel Nuts, Wheel request, inspect the application, notice compared, and is capable of being Discs and Hubcaps, 212 Windshield and other documents germane to the readily altered to conform to all Retention, 216 Roof Crush Resistance, application in person at the County of applicable Federal motor vehicle safety 219 Windshield Zone Intrusion, and 302 Emmet. standards. Flammability of Interior Materials. Issued in Des Plaines, Illinois, on February Petitions for eligibility decisions may Additionally, the petitioner stated 14, 1995. be submitted by either manufacturers or that the 1994 Volvo 940 GL Wagon Benito DeLeon, importers who have registered with complies with the Bumper Standard Manager, Planning/Programming Branch, NHTSA pursuant to 49 CFR part 592. As found in 49 CFR part 581. Airports Division, Great Lakes Region. specified in 49 CFR 593.7, NHTSA Petitioner also contended that the [FR Doc. 96–3975 Filed 2–21–96; 8:45 am] publishes notice in the Federal Register vehicle is capable of being readily BILLING CODE 4910±13±M of each petition that it receives, and altered to meet the following standards, affords interested persons an in the manner indicated: opportunity to comment on the petition. Standard No. 101 Controls and National Highway Traffic Safety At the close of the comment period, Displays: (a) Substitution of a lens Administration NHTSA decides, on the basis of the marked ‘‘Brake’’ for a lens with an ECE petition and any comments that it has symbol on the brake failure indicator [Docket No. 95±27; Notice 2] received, whether the vehicle is eligible lamp; (b) installation of a seat belt warning lamp; (c) recalibration of the Decision That Nonconforming 1994 for importation. The agency then speedometer/odometer from kilometers Volvo 945 GL Wagons Are Eligible for publishes this decision in the Federal to miles per hour. Importation Register. Champagne Imports, Inc. of Lansdale, Standard No. 108 Lamps, Reflective AGENCY: National Highway Traffic Pennsylvania (Registered Importer No. Devices and Associated Equipment: (a) Safety Administration (NHTSA), DOT. R–90–009) petitioned NHTSA to decide Installation of U.S.—model headlamp ACTION: Notice of decision by NHTSA whether 1994 Volvo 945 GL Wagon assemblies which incorporate sealed that nonconforming 1994 Volvo 945 GL passenger cars are eligible for beam headlamps; (b) installation of Wagons are eligible for importation. importation into the United States. U.S.—model front and rear sidemarker/ NHTSA published notice of the petition reflector assemblies; (c) installation of SUMMARY: This notice announces the on May 1, 1995 (60 FR 21235) to afford U.S.—model taillamp assemblies; (d) decision by NHTSA that 1994 Volvo 945 an opportunity for public comment. As installation of a high mounted stop GL Wagons not originally manufactured stated in the notice, the vehicle which lamp. 6888 Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices

Standard No. 110 Tire Selection and other company, and that none of the installing this type of system on other Rims: Installation of a tire information vehicle’s external lamps comply with foreign automobiles. placard. the standard. Volvo further stated that NHTSA has reviewed each of the Standard No. 111 Rearview Mirrors: the vehicle’s driver side rearview mirror issues that Volvo has raised regarding Replacement of the passenger side rear does not comply with Standard No. 111, Champagne’s petition. NHTSA believes view mirror, which is convex, but lacks that it lacks a key-interlock system that that Champagne’s responses adequately the required warning statement. would comply with Standard No. 114, address each of those issues. NHTSA Standard No. 114 Theft Protection: and that it is neither equipped with further notes that the modifications Installation of a buzzer microswitch in U.S.-model bumpers nor been tested for described by Champagne to achieve the steering lock assembly, and a compliance with the Bumper Standard, compliance with Standard Nos. 101, warning buzzer. 49 CFR part 581. 108, 111, and 114 have been performed Standard No. 115 Vehicle Volvo’s last comment was that the with relative ease on thousands of Identification Number: Installation of a 1994 Volvo 945 GL Wagon is not nonconforming vehicles imported over VIN plate that can be read from outside equipped with a passenger side air bag the years, and would not preclude the the left windshield pillar, and a VIN and knee bolster, as found on the U.S. 1994 Volvo 945 GL Wagon from being reference label on the edge of the door certified 1994 Volvo 945 GL Wagon. found ‘‘capable of being readily or latch post nearest the driver. Volvo contends that these components modified to comply with all Federal Standard No. 118 Power Window are part of a ‘‘complex and sensitive motor vehicle safety standards.’’ Systems: Rewiring of the power window system which is integrated into the NHTSA also believes that the need to system so that the window transport is vehicle,’’ and that it is not possible to install a passenger side air bag to inoperative when the ignition is retrofit such a system ‘‘while still achieve compliance with Standard No. switched off. assuring system reliability.’’ As a 208 would not preclude such a finding, Standard No. 208 Occupant Crash consequence, Volvo contends that the given the nature of the modifications Protection: (a) Installation of a U.S.- 1944 Volvo 945 GL Wagon is not described by Champagne. However, in model seat belt in the driver’s position, capable of being readily altered to view of the concerns that Volvo has or a belt webbing-actuated microswitch conform to the Federal motor vehicle raised regarding this issue, NHTSA will inside the driver’s seat retractor; (b) safety standards. closely monitor conformity statements installation of an ignition switch- NHTSA accorded Champagne an to ensure that passenger side air bags are actuated seat belt warning lamp and opportunity to respond to Volvo’s installed on imported vehicles in a buzzer; (c) installation of a U.S.-model comments. In its response, Champagne manner that conforms to the driver’s side air bag and knee bolster. stated that it will install U.S.-model requirements of Standard No. 208. The petitioner stated that the vehicle is brake indicator and an anti-lock brake NHTSA finally notes that because the also equipped in both front seating system malfunction lights to address the Bumper Standard is not a Federal motor positions with combination lap and concerns that Volvo raised regarding vehicle safety standard, issues regarding shoulder belts that adjust by means of compliance with Standard No. 101. a vehicle’s capability of compliance an automatic retractor and release by Champagne further stated that it will with the Bumper Standard are means of a single push button. The replace the headlights on the 1994 immaterial to a decision as to whether petitioner further stated that the vehicle Volvo 945 GL Wagon with U.S.-model it is eligible for importation. Imported is equipped at each rear outboard components to assure compliance with vehicles, of course, must nevertheless be seating position with a lap and shoulder Standard No. 108, and that its petition brought into compliance with the belt and with a lap belt at the rear center already addressed all other issues bumper standard. NHTSA has seating position. regarding this standard that were raised accordingly decided to grant the Standard No. 214 Side Impact by Volvo. Champagne stated that it will petition. Protection: Installation of reinforcing replace the driver side rearview mirror beams. with a U.S. model component to assure Vehicle Eligibility Number for Subject Standard No. 301 Fuel System compliance with Standard No. 111. Vehicles Integrity: Installation of a rollover valve Champagne contended that its petition The importer of a vehicle admissible in the fuel tank vent line between the already addressed the Standard No. 114 under any final decision must indicate fuel tank and the evaporative emissions compliance issue raised by Volvo. on the form HS–7 accompanying entry collection canister. Champagne further contended that the the appropriate vehicle eligibility One comment was received in bumper system on the 1994 Volvo 945 number indicating that the vehicle is response to the notice of the petition, GL Wagon, consisting of an outer cover, eligible for entry. VSP–132 is the from Volvo Cars of North America, Inc., a reinforcement bar, and impact vehicle eligibility number assigned to (‘‘Volvo’’), the United States absorbers. vehicles admissible under this decision. representative of the vehicle’s In response to the Standard No. 208 manufacturer, Volvo Car Corporation of compliance issue raised by Volvo, Final Determination Gothenburg, Sweden. In its comment, Champagne stated that it will install a Accordingly, on the basis of the Volvo stated that in addition to the passenger side air bag and related foregoing, NHTSA hereby decides that a noncompliances noted by the petitioner, components in the 1994 Volvo 945 GL 1994 Volvo 945 GL Wagon not the 1994 Volvo 945 GL Wagon is Wagon. These components will have the originally manufactured to comply with equipped with a parking brake indicator same part numbers as those found on all applicable Federal motor vehicle light and an anti-lock brake system U.S. certified 1994 Volvo 945 GL safety standards is substantially similar malfunction light that do not comply Wagon. Champagne stated that the to a 1994 Volvo 940 GL Wagon with Standard No. 101. Volvo also installation of a passenger side air bag originally manufactured for importation stated that it does not manufacture ‘‘is a straightforward procedure,’’ and into and sale in the United States and sealed beam headlamps for 1994 Volvo that it has the technical ability to certified under 49 U.S.C. 30115, and is 945 GL Wagon that would comply with complete the installation, and have it capable of being readily altered to Standard No. 108, or know of such comply with Standard No. 208, based conform to all applicable Federal motor equipment being manufactured by any on Champagne’s past experience in vehicle safety standards. Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices 6889

Authority: 49 U.S.C. 30141(a)(1)(A) and for importation into and sale in the Hydraulic Brake Systems, 106 Brake (b)(1); 49 CFR 593.8; delegations of authority United States, certified under 49 U.S.C. Hoses, 107 Reflecting Surfaces, 108 at 49 CFR 1.50 and 501.8. 30115 (formerly section 114 of the Act), Lamps, Reflective Devices and Issued on: February 16, 1996. and of the same model year as the Associated Equipment, 109 New Marilynne Jacobs, model of the motor vehicle to be Pneumatic Tires, 111 Rearview Mirrors, Director, Office of Vehicle Safety Compliance. compared, and is capable of being 113 Hood Latch Systems, 114 Theft [FR Doc. 96–4013 Filed 2–21–96; 8:45 am] readily altered to conform to all Protection, 115 Vehicle Identification BILLING CODE 4910±59±M applicable Federal motor vehicle safety Number, 116 Brake Fluid, 118 Power standards. Window Systems, 124 Accelerator Petitions for eligibility decisions may Control Systems, 201 Occupant [Docket No. 96±12; Notice 1] be submitted by either manufacturers or Protection in Interior Impact, 202 Head importers who have registered with Restraints, 203 Impact Protection for the Notice of Receipt of Petition for NHTSA pursuant to 49 CFR part 592. As Decision That Nonconforming 1995 Driver From the Steering Control specified in 49 CFR 593.7, NHTSA System, 204 Steering Control Rearward Chevrolet 400 SS Pickup Trucks Are publishes notice in the Federal Register Eligible for Importation Displacement, 205 Glazing Materials, of each petition that it receives, and 206 Door Locks and Door Retention AGENCY: National Highway Traffic affords interested persons an Components, 207 Seating Systems, 209 Safety Administration, DOT. opportunity to comment on the petition. Seat Belt Assemblies, 210 Seat Belt ACTION: Notice of receipt of petition for At the close of the comment period, Assembly Anchorages, 211 Wheel Nuts, decision that nonconforming 1995 NHTSA decides, on the basis of the Wheel Discs and Hubcaps, 212 Chevrolet 400 SS pickup trucks petition and any comments that it has Windshield Retention, 214 Side Impact manufactured for the Mexican market received, whether the vehicle is eligible Protection, 216 Roof Crush Resistance, are eligible for importation. for importation. The agency then 219 Windshield Zone Intrusion, 301 publishes this decision in the Federal Fuel System Integrity, and 302 SUMMARY: This notice announces receipt Register. Flammability of Interior Materials. by the National Highway Traffic Safety Wallace Environmental Testing Additionally, the petitioner states that Administration (NHTSA) of a petition Laboratories, Inc. of Houston, Texas the 1995 Chevrolet 400 SS complies for a decision that a 1995 Chevrolet 400 (‘‘Wallace’’) (Registered Importer No. R– with the Bumper Standard found in 49 SS pickup truck manufactured for the 90–005) has petitioned NHTSA to CFR part 581. decide whether 1995 Chevrolet 400 SS Mexican market that was not originally Petitioner also contends that the pickup trucks manufactured for the manufactured to comply with all vehicle is capable of being readily Mexican market are eligible for applicable Federal motor vehicle safety altered to meet the following standards, importation into the United States. The standards is eligible for importation into in the manner indicated: vehicle which Wallace believes is the United States because (1) it is Standard No. 120 Tire Selection and substantially similar is the 1995 substantially similar to a vehicle that Rims: installation of a tire information Chevrolet C1500. Wallace has submitted was originally manufactured for sale in placard. the United States and that was certified information indicating that General Motors Corporation, the company that Standard No. 208 Occupant Crash by its manufacturer as complying with Protection: installation of an automatic the safety standards, and (2) it is capable manufactured the 1995 Chevrolet C1500, certified that vehicle as restraint system consisting of a driver’s of being readily altered to conform to side air bag and knee bolster. The the standards. conforming to all applicable Federal motor vehicle safety standards and petitioner states that the vehicle is DATES: The closing date for comments equipped with Type 2 seat belts in both on the petition is March 25, 1996. offered it for sale in the United States. The petitioner contends that it outboard seating positions. ADDRESSES: Comments should refer to carefully compared the 1995 Chevrolet Interested persons are invited to the docket number and notice number, 400 SS to the 1995 Chevrolet C1500, submit comments on the petition and be submitted to: Docket Section, and found the two models to be described above. Comments should refer Room 5109, National Highway Traffic substantially similar with respect to to the docket number and be submitted Safety Administration, 400 Seventh St., compliance with most applicable to: Docket Section, National Highway SW, Washington, DC 20590. [Docket Federal motor vehicle safety standards. Traffic Safety Administration, Room hours are from 9:30 am to 4 pm]. Wallace submitted information with 5109, 400 Seventh Street SW., FOR FURTHER INFORMATION CONTACT: its petition intended to demonstrate that Washington, DC 20590. It is requested George Entwistle, Office of Vehicle the 1995 Chevrolet 400 SS, as originally but not required that 10 copies be Safety Compliance, NHTSA (202–366– manufactured, conforms to many submitted. 5306). Federal motor vehicle safety standards All comments received before the SUPPLEMENTARY INFORMATION: in the same manner as the 1995 close of business on the closing date Chevrolet C1500 that was offered for indicated above will be considered, and Background sale in the United States, or is capable will be available for examination in the Under 49 U.S.C. 30141(a)(1)(A) of being readily altered to conform to docket at the above address both before (formerly section 108(c)(3)(A)(i)(I) of the those standards. and after that date. To the extent National Traffic and Motor Vehicle Specifically, the petitioner claims that possible, comments filed after the Safety Act (the Act)), a motor vehicle the 1995 Chevrolet 400 SS is identical closing date will also be considered. that was not originally manufactured to to the certified 1995 Chevrolet C1500 Notice of final action on the petition conform to all applicable Federal motor with respect to compliance with will be published in the Federal vehicle safety standards shall be refused Standards Nos. 101 Controls and Register pursuant to the authority admission into the United States unless Displays, 102 Transmission Shift Lever indicated below. NHTSA has decided that the motor Sequence * * *, 103 Defrosting and Authority: 49 U.S.C. 30141(a)(1)(A) and (b) vehicle is substantially similar to a Defogging Systems, 104 Windshield (1); 49 CFR 593.8; delegations of authority at motor vehicle originally manufactured Wiping and Washing Systems, 105 49 CFR 1.50 and 501.8. 6890 Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices

Issued on: February 16, 1996. compared, and is capable of being 206 Door Locks and Door Retention Marilynne Jacobs, readily altered to conform to all Components, 207 Seating Systems, 209 Director, Office of Vehicle Safety Compliance. applicable Federal motor vehicle safety Seat Belt Assemblies, 210 Seat Belt [FR Doc. 96–4014 Filed 2–21–96; 8:45 am] standards. Assembly Anchorages, 211 Wheel Nuts, BILLING CODE 4910±59±M Petitions for eligibility decisions may Wheel Discs and Hubcaps, 212 be submitted by either manufacturers or Windshield Retention, 214 Side Impact importers who have registered with Protection, 216 Roof Crush Resistance, [Docket No. 96±10; Notice 1] NHTSA pursuant to 49 CFR part 592. As 219 Windshield Zone Intrusion, 301 specified in 49 CFR 593.7, NHTSA Fuel System Integrity, and 302 Notice of Receipt of Petition for publishes notice in the Federal Register Decision That Nonconforming 1992 Flammability of Interior Materials. of each petition that it receives, and Additionally, the petitioner states that Ferrari 348TS Passenger Cars Are affords interested persons an the non-U.S. certified 1992 Ferrari Eligible for Importation opportunity to comment on the petition. 348TS complies with the Bumper AGENCY: National Highway Traffic At the close of the comment period, Standard found in 49 CFR part 581. Safety Administration, DOT. NHTSA decides, on the basis of the Petitioner also contends that the ACTION: Notice of receipt of petition for petition and any comments that it has vehicle is capable of being readily decision that nonconforming 1992 received, whether the vehicle is eligible altered to meet the following standards, Ferrari 348TS passenger cars are eligible for importation. The agency then in the manner indicated: for importation. publishes this decision in the Federal Standard No. 101 Controls and Register. Displays: (a) Placement of the SUMMARY: This notice announces receipt LPC of New York, Inc. of appropriate symbols on the brake by the National Highway Traffic Safety Ronkonkoma, New York (‘‘LPC’’) failure, parking brake, and seat belt Administration (NHTSA) of a petition (Registered Importer 96–100) has warming lamps; (b) replacement of the for a decision that a 1992 Ferrari 348TS petitioned NHTSA to decide whether speedometer/odometer, which is that was not originally manufactured to 1992 Ferrari 348TS passenger cars are calibrated in kilometers per hour, with comply with all applicable Federal eligible for importation into the United a U.S.-model component calibrated in motor vehicle safety standards is States. The vehicle which LPC believes miles per hour. eligible for importation into the United is substantially similar is the 1992 Standard No. 108 Lamps, Reflective States because (1) it is substantially Ferrari 348TS that was manufactured for Devices and Associated Equipment: (a) similar to a vehicle that was originally importation into, and sale in, the United Installation of U.S.-model headlamp manufactured for importation into and States and certified by its manufacturer assemblies which incorporate sealed sale in the United States and that was as conforming to all applicable Federal beam headlamps and front sidemarkers; certified by its manufacturer as motor vehicle safety standards. (b) installation of U.S.-model taillamps; complying with the safety standards, The petitioner claims that it carefully (c) installation of a high mounted stop and (2) it is capable of being readily compared the non-U.S. certified 1992 lamp. altered to conform to the standards. Ferrari 348TS to its U.S. certified Standard No. 110 Tire Selection and counterpart, and found the two vehicles DATES: The closing date for comments Rims: Installation of a tire information on the petition is March 25, 1996. to be substantially similar with respect placard. to compliance with most Federal motor Standard No. 114 Theft Protection: ADDRESSES: Comments should refer to vehicle safety standards. Installation of a warning buzzer in the the docket number and notice number, LPC submitted information with its steering lock electrical circuit. and be submitted to: Docket Section, petition intended to demonstrate that Standard No. 115 Vehicle Room 5109, National Highway Traffic the non-U.S. certified 1992 Ferrari Identification Number: Installation of a Safety Administration, 400 Seventh St., 348TS, as originally manufactured, VIN plate that can be read from outside SW, Washington, DC 20590. (Docket conforms to many Federal motor vehicle the left windshield pillar, and a VIN hours are from 9:30 a.m to 4 pm). safety standards in the same manner as reference label on the edge of the door FOR FURTHER INFORMATION CONTACT: its U.S. certified counterpart, or is or latch post nearest the driver. George Entwistle, Office of Vehicle capable of being readily altered to Standard No. 208 Occupant Crash Safety Compliance, NHTSA (202–366– conform to those standards. Protection: Installation of a seat belt 5306). Specifically, the petitioner claims that warning buzzer. The petitioner states SUPPLEMENTARY INFORMATION: the non-U.S. certified 1992 Ferrari that the vehicle is equipped with 348TS is identical to its U.S. certified automatic seat belt assemblies that have Background counterpart with respect to compliance part numbers identical to those on its Under 49 U.S.C. 30141(a)(1)(A) with Standards Nos. 102 Transmission U.S. certified counterpart. (formerly section 108(c)(3)(A)(i)(I) of the Shift Lever Sequence * * *., 103 Interested persons are invited to National Traffic and Motor Vehicle Defrosting and Defogging Systems, 104 submit comments on the petition Safety Act (the Act)), a motor vehicle Windshield Wiping and Washing described above. Comments should refer that was not originally manufactured to Systems, 105 Hydraulic Brake Systems, to the docket number and be submitted conform to all applicable Federal motor 106 Brake Hoses, 107 Reflecting to: Docket Section, National Highway vehicle safety standards shall be refused Surfaces, 109 New Pneumatic Tires, 111 Traffic Safety Administration, Room admission into the United States unless Rearview Mirrors, 113 Hood Latch 5109, 400 Seventh Street, SW., NHTSA has decided that the motor Systems, 116 Brake Fluid, 118 Power Washington, DC 20590. It is requested vehicle is substantially similar to a Window Systems, 124 Accelerator but not required that 10 copies be motor vehicle originally manufactured Control Systems, 201 Occupant submitted. for importation into and sale in the Protection in Interior Impact, 202 Head All comments received before the United States, certified under 49 U.S.C. Restraints, 203 Impact Protection for the close of business on the closing date 30115 (formerly section 114 of the Act), Driver From the Steering Control indicated above will be considered, and and of the same model year as the System, 204 Steering Control Rearward will be available for examination in the model of the motor vehicle to be Displacement, 205 Glazing Materials, docket at the above address both before Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices 6891 and after that date. To the extent National Traffic and Motor Vehicle U.S. certified counterpart with respect possible, comments filed after the Safety Act (the Act)), a motor vehicle to compliance with Standards Nos. 102 closing date will also be considered. that was not originally manufactured to Transmission Shift Lever Sequence Notice of final action on the petition conform to all applicable Federal motor * * *., 103 Defrosting and Defogging will be published in the Federal vehicle safety standards shall be refused Systems, 104 Windshield Wiping and Register pursuant to the authority admission into the United States unless Washing Systems, 105 Hydraulic Brake indicated below. NHTSA has decided that the motor Systems, 106 Brake Hoses, 107 Authority: 49 U.S.C. 30141(a)(1)(A) and vehicle is substantially similar to a Reflecting Surfaces, 109 New Pneumatic (b)(1); 49 CFR 593.8; delegations of authority motor vehicle originally manufactured Tires, 113 Hood Latch Systems, 116 at 49 CFR 1.50 and 501.8. for importation into and sale in the Brake Fluid, 118 Power Window Issued on: February 16, 1996. United States, certified under 49 U.S.C. Systems, 124 Accelerator Control Marilynne Jacobs, 30115 (formerly section 114 of the Act), Systems, 201 Occupant Protection in and of the same model year as the Interior Impact, 202 Head Restraints, Director, Office of Vehicle Safety Compliance. model of the motor vehicle to be 203 Impact Protection for the Driver [FR Doc. 96–4016 Filed 2–21–96; 8:45 am] compared, and is capable of being From the Steering Control System, 204 BILLING CODE 4910±59±P readily altered to conform to all Steering Control Rearward applicable Federal motor vehicle safety Displacement, 205 Glazing Materials, [Docket No. 96±11; Notice 1] standards. 206 Door Locks and Door Retention Petitions for eligibility decisions may Components, 207 Seating Systems, 209 Notice of Receipt of Petition for be submitted by either manufacturers or Seat Belt Assemblies, 210 Seat Belt Decision That Nonconforming 1990 importers who have registered with Assembly Anchorages, 211 Wheel Nuts, Porsche 944 S2 2-Door Hatchback NHTSA pursuant to 49 CFR part 592. As Wheel Discs and Hubcaps, 212 Passenger Cars Are Eligible for specified in 49 CFR 593.7, NHTSA Windshield Retention, 214 Side Impact Importation publishes notice in the Federal Register Protection, 216 Roof Crush Resistance, of each petition that it receives, and 219 Windshield Zone Intrusion, 301 AGENCY: National Highway Traffic affords interested persons an Fuel System Integrity, and 302 Safety Administration, DOT. opportunity to comment on the petition. Flammability of Interior Materials. ACTION: Notice of receipt of petition for At the close of the comment period, Additionally, the petitioner states that decision that nonconforming 1990 NHTSA decides, on the basis of the the non-U.S. certified 1990 Porsche 944 Porsche 944 S2 2-door hatchback petition and any comments that it has S2 2-door hatchback complies with the passenger cars are eligible for received, whether the vehicle is eligible Bumper Standard found in 49 CFR part importation. for importation. The agency then 581. publishes this decision in the Federal Petitioner also contends that the SUMMARY: This notice announces receipt Register. vehicle is capable of being readily by the National Highway Traffic Safety LPC of New York, Inc. of altered to meet the following standards, Administration (NHTSA) of a petition Ronkonkoma, New York (‘‘LPC’’) in the manner indicated: for a decision that a 1990 Porsche 944 (Registered Importer 96–100) has Standard No. 101 Controls and S2 2-door hatchback that was not petitioned NHTSA to decide whether Displays: (a) Placement of the originally manufactured to comply with 1990 Porsche 944 S2 2-door hatchback appropriate symbols on the brake all applicable Federal motor vehicle passenger cars are eligible for failure, parking brake, and seat belt safety standards is eligible for importation into the United States. The warning lamps; (b) replacement of the importation into the United States vehicle which LPC believes is speedometer/odometer with a U.S.- because (1) it is substantially similar to substantially similar is the 1990 Porsche model component calibrated in miles a vehicle that was originally 944 S2 2-door hatchback that was per hour. manufactured for importation into and manufactured for importation into, and Standard No. 108 Lamps, Reflective sale in the United States and that was sale in, the United States and certified Devices and Associated Equipment: (a) certified by its manufacturer as by its manufacturer as conforming to all Installation of U.S.-model headlamp complying with the safety standards, applicable Federal motor vehicle safety assemblies; (b) installation of U.S.- and (2) it is capable of being readily standards. model taillamps; (c) installation of a altered to conform to the standards. The petitioner claims that it carefully high mounted stop lamp. DATES: The closing date for comments compared the non-U.S. certified 1990 Standard No. 110 Tire Selection and on the petition is March 25, 1996. Porsche 944 S2 2-door hatchback to its Rims: Installation of a tire information ADDRESS: Comments should refer to the U.S. certified counterpart, and found the placard. docket number and notice number, and two vehicles to be substantially similar Standard No. 111 Rearview Mirror: be submitted to: Docket Section, Room with respect to compliance with most Replacement of the passenger side 5109, National Highway Traffic Safety Federal motor vehicle safety standards. rearview mirror with a U.S.-model LPC submitted information with its Administration, 400 Seventh Street SW., component. petition intended to demonstrate that Washington, DC 20590. (Docket hours Standard No. 114 Theft Protection: the non-U.S. certified 1990 Porsche 944 are from 9:30 am to 4 pm). Installation of a warning buzzer in the S2 2-door hatchback, as originally steering lock electrical circuit. FOR FURTHER INFORMATION CONTACT: manufactured, conforms to many Standard No. 115 Vehicle George Entwistle, Office of Vehicle Federal motor vehicle safety standards Identification Number: Installation of a Safety Compliance, NHTSA (202–366– in the same manner as its U.S. certified VIN plate that can be read from outside 5306). counterpart, or is capable of being the left windshield pillar, and a VIN SUPPLEMENTARY INFORMATION: readily altered to conform to those reference label on the edge of the door standards. or latch post nearest the driver. Background Specifically, the petitioner claims that Standard No. 208 Occupant Crash Under 49 U.S.C. 30141(a)(1)(A) the non-U.S. certified 1990 Porsche 944 Protection: Installation of a seat belt (formerly section 108(c)(3)(A)(i)(I) of the S2 2-door hatchback is identical to its warning buzzer. The petitioner states 6892 Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices that the vehicle is equipped with an public by subscription (microfiche). other documents into this format for automatic restraint system consisting of This document invites public comment internal use. an air bag and knee bolster that have on the various proposals. Last July, the Office of Finance, in part numbers identical to those on its DATES: Comments must be submitted by partnership with the Offices of U.S. certified counterpart. March 25, 1996. Regulations & Rulings and Strategic Interested persons are invited to ADDRESSES: Written comments Trade, began producing an in-house submit comments on the petition (preferably in triplicate) may be CD–ROM for Customs officers which described above. Comments should refer addressed to the Regulations Branch, contained those infobases together with to the docket number and be submitted U.S. Customs, Franklin Court, 1301 other material. Since that time, material to: Docket Section, National Highway Constitution Avenue, NW, Washington, from other Customs offices has been Traffic Safety Administration, Room DC 20229. Comments submitted may be added. This CD–ROM is prepared 5109, 400 Seventh Street SW., inspected at the Regulations Branch, monthly for dissemination to Customs field offices. The internal CD–ROM Washington, DC 20590. It is requested Office of Regulations & Rulings, utilizes the Windows version of Folio but not required that 10 copies be Franklin Court, 1099 14th Street NW., VIEWS 3.1. Each CD–ROM disk can submitted. Suite 4000W, Washington, DC. All comments received before the hold approximately 650 MB of material. FOR FURTHER INFORMATION CONTACT: close of business on the closing date The infobases contain ‘‘hypertext’’ jump For contents and technical aspects of links so that a researcher who sees a indicated above will be considered, and the CD–ROM: Howard Plofker, 202– will be available for examination in the reference to another ruling, a regulation 482–7077 or statute cited within a ruling may docket at the above address both before For the Internet: Kathy Davis, 202–927– and after that date. To the extent ‘‘double-click’’ on the reference and 0255 bring up the referenced document, if it possible, comments filed after the For the microfiche: Thomas Budnik, is on the CD–ROM. Documents or closing date will also be considered. 202–482–6909 portions of documents may be cut, Notice of final action on the petition SUPPLEMENTARY INFORMATION: In will be published in the Federal copied and pasted to other Windows accordance with OMB Circular A–130 applications, such as word processors, Register pursuant to the authority and Section 2 of the Paperwork indicated below. or printed. Many members of the public Reduction Act of 1995 (Pub.L. 104–13, who have seen the system in use have Authority: 49 U.S.C. 30141(a)(1)(A) and 44 U.S.C. 3506(d)), Customs is soliciting recommended that it be made available (b)(1); 49 CFR 593.8; delegations of authority comments from the public on the to the public. Because some of the at 49 CFR 1.50 and 501.8. dissemination of Customs information material on the Customs internal CD– Issued on: February 16, 1996. by CD–ROM (Compact Disc-read only ROM is copyrighted, proprietary or for Marilynne Jacobs, memory) and the Internet and the internal use, that material cannot be Director, Office of Vehicle Safety Compliance. elimination of microfiche rulings. In the distributed to the public. [FR Doc. 96–4015 Filed 2–21–96; 8:45 am] past, the U.S. Customs Service has, The Customs Service agrees that in BILLING CODE 4910±59±M pursuant to section 103.4, Customs accordance with the ‘‘informed Regulations (19 CFR 103.4), made its compliance’’ mandate contained in the rulings available to the importing legislative history of the Customs DEPARTMENT OF THE TREASURY community. These rulings have been Modernization Act (Title VI, Public Law available in microfiche format, and in 103–182) the broadest dissemination Customs Service ASCII text format on 3.5•• and 5.25•• possible should be made of this diskettes, on an annual subscription [T.D. 96±19] material. Customs seeks public basis. They have also been available comment on dissemination of the Request for Public Comments through a variety of private subscription rulings and related material in a CD– Concerning Dissemination of Existing services, which obtain the rulings from ROM format. Customs would like to  Information Product and Elimination of Customs. offer the CD–ROM in the Folio Views format, since that format is being used Microfiche CD–ROM for internal dissemination and minimal AGENCY: U.S. Customs Service, The New York and Headquarters additional costs would be incurred in Department of the Treasury. rulings available in an electronic format preparing a public version. Customs ACTION: General notice, request for now number approximately 23,000 would include the licensing fee for the public comments. rulings and take up a considerable program in the price of the CD–ROM. It amount of hard disk drive space when is expected that CD–ROMs would be SUMMARY: The U.S. Customs Service loaded on a PC or network. Over the offered on an annual subscription basis provides rulings and publications on a past two years, Customs Office of with an estimated cost of approximately variety of subjects for the guidance of Regulations & Rulings converted its $240–300 per year for 10–12 CD–ROMs. the importing public. The rulings have internal electronic rulings (which had It is anticipated that the initial CD– been available in the past in a variety of been distributed to the public on ROMs would contain all the rulings formats, including printed media, diskette, by subscription) into the Folio available in electronic format (including diskette and microfiche. The Customs VIEWS Infobase format. This format all Headquarters Rulings and New York Service would like to provide these compresses the file size and indexes the Rulings previously available on rulings, future publications and records in a file. It has extensive search diskette). The rulings on CD–ROMs will additional information in two new and query capabilities and is frequently be cumulative, unlike the current formats (CD–ROM and the Internet) used to disseminate legal and diskette services. In addition the initial with built-in search capabilities and government publications. Customs has CD–ROM will contain 19 CFR, 19 ‘‘hypertext’’ links. In addition, the also converted the Harmonized Tariff U.S.C., the Harmonized Tariff Schedules Customs Service would like to receive Schedules, Title 19 of the Code of of the U.S., and the Valuation public comments on the elimination of Federal Regulations, Title 19 of the U.S. Encyclopedia. It is hoped that future one format used to supply rulings to the Code, the Valuation Encyclopedia and CD–ROMs will contain various Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices 6893

Informed Compliance publications and and search the material without charge. Dated: February 14, 1996. other material of interest to the The public is invited to comment on Stuart P. Seidel, importing and exporting community. these proposals and identify other Assistant Commissioner, Office of The CD–ROMs would contain a small documents and material which the Regulations and Rulings. ‘‘Infobase Manager’’ program which public believes should be made [FR Doc. 96–3903 Filed 2–21–96; 8:45 am] would be installed on the PC’s hard available on the Internet. Public BILLING CODE 4820±02±P drive. The infobases themselves would accessibility to the Customs material on remain on the CD–ROM, thereby the Internet is anticipated for late conserving hard drive space. When a Spring, 1996. new CD–ROM is issued, the old one Microfiche DEPARTMENT OF VETERANS could be removed, since the CD–ROMs AFFAIRS are cumulative. If this proposal is For many years, Customs made adopted, the first CD–ROMs would be microfiche copies of rulings available to Proposed Information Collection available for the public in the Spring. the public by annual subscription. The Activity; Public Comment Request: An alternative to the above would be to production of microfiche is an Persian Gulf Registry Questionnaire; provide the infobases on the CD–ROM expensive and time consuming process VA Form 10±20988 (NR) without a program to run them. This compared to the preparation and would require the subscriber to production of electronic rulings, which AGENCY: Veterans Health purchase Folio Views 3.1 from the is a by-product of writing the ruling Administration, Department of Veterans Folio Corporation or an authorized itself. The number of microfiche Affairs. subscribers has been declining since the reseller. A second alternative would be ACTION: Correction. to put the ASCII (plain, un-indexed text) diskette subscription services were files containing the rulings and some introduced. Customs expects to In Federal Register Volume 61, No. other material or WordPerfect files on a eliminate the microfiche service 20, appearing on page 3087, in the issue CD–ROM without any indexing or effective October, 1996, the beginning of of Tuesday, January 30, 1996, make the hypertext program. Customs does not the fiscal year. However, if sufficient following corrections: public interest exists in continuing the believe that this alternative will be as 1. On page 3087, in the first column, useful to the vast majority of users since microfiche rulings, Customs may reconsider this decision. However, it is under AGENCY: The first and second the files will be uncompressed and lines should read ‘‘Veterans Health unindexed and a search program will anticipated that subscription prices will have to be increased dramatically to Administration, Department of have to be purchased from another Veterans’’. supplier. continue the microfiche. 2. On the same page, in the same Customs would encourage the Comments broadest possible dissemination of the column, under SUMMARY: the third and material contained on the CD–ROM Customs requests comments on fourth lines should read ‘‘burden, infobases and would invite electronic implementation of the CD–ROM project Veterans Health Administration (VHA) publishers to add material on any and the Internet project and elimination invites the’’. commercial redistribution of the of the microfiche rulings. Persons 3. On the same page, in the same infobases. Customs also invites the wishing to comment on any of these column, under ADDRESSES: the second public to identify the type of materials projects should send their comments to and third lines should read ‘‘to Ann it would like to see on the CD–ROM. the Regulations Branch, Office of Bickoff, Veterans Health Administration Regulations & Rulings, U.S. Customs (161A4), Department of’’. Internet Service, 1301 Constitution Avenue NW., Dated: February 14, 1996. Customs also proposes placing Washington, DC 20229. Comments may publications and other information of be reviewed at the Regulations Branch, By direction of the Secretary: interest to the public on the Internet. Office of Regulations and Rulings, Suite Donald L. Neilson, Customs is considering including the 4000W, 1099 14th Street, Washington, Director, Information Management Service. CD–ROM infobases described above on DC 20005 during the hours of 9:30 a.m. [FR Doc. 96–3923 Filed 2–21–96; 8:45 am] the Internet where users could access, and 4:00 p.m. BILLING CODE 8320±01±M 6894

Sunshine Act Meetings Federal Register Vol. 61, No. 36

Thursday, February 22, 1996

This section of the FEDERAL REGISTER MATTERS TO BE CONSIDERED: If you are interested in receiving this contains notices of meetings published under Commission meeting schedule electronically, the ``Government in the Sunshine Act'' (Pub. Week of February 19 please send an electronic message to L. 94-409) 5 U.S.C. 552b(e)(3). Wednesday, February 21 [email protected] or [email protected]. 3:30 p.m. Dated: February 16, 1996. Affirmation Session (Public Meeting) William M. Hill, Jr., AFRICAN DEVELOPMENT FOUNDATION a. Kerr-McGee Chemical Corporation— SECY Tracking Officer, Office of the Motion To Dismiss Proceeding and Board of Directors Meeting Secretary. Vacate Underlying Decisions (Tentative) [FR Doc. 96–4059 Filed 2–20–96; 9:43 a.m.] TIME: (Contact: Andrew Bates, 301–415–1963) 11:30 a.m.–2:00 p.m. BILLING CODE 7590±01±M PLACE: ADF Headquarters. Week of February 26—Tentative DATE: Monday, February 26, 1996. Monday, February 26 UNITED STATES POSTAL SERVICE BOARD OF STATUS: Open. 10:00 a.m. GOVERNORS Agenda Briefing by Organization of Agreement States (Public Meeting) Notice of a Meeting 11:30 a.m. Lunch (Contact: Kathy Schneider, 301–415–2320) 12:00 noon Chairman’s Report The Board of Governors of the United 12:15 p.m. President’s Report Tuesday, February 27 States Postal Service, pursuant to its 1:00 p.m. Other 10:00 a.m. Bylaws (39 C.F.R. Section 7.5) and the If you have any questions or Briefing by Staff on Steam Generator Issues Government in the Sunshine Act (5 (Public Meeting) U.S.C. Section 552b), hereby gives comments, please direct them to Ms. (Contact: Jack Strosnider, 301–415–2795) Janis McCollim, Executive Assistant to 2:00 p.m. notice that it intends to hold a meeting the President, who can be reached at Briefing by National Academy of Sciences at 1:00 p.m. on Monday, March 4, 1996, (202) 673–3916. on Review of Medical Use Program and at 8:30 a.m. on Tuesday, March 5, William R. Ford, (Public Meeting) 1996, in Washington, D.C. President. (Contact: Trish Holahan, 301–415–7847) The March 4 meeting is closed to the [FR Doc. 96–4060 Filed 2–20–96; 9:43 am] Wednesday, February 28 public (see 61 FR 6297, February 16, 1996). The second item, a filing with the BILLING CODE 6116±01±P±M 9:30 a.m. Briefing by NARUC on Utility Deregulation Postal Rate Commission for (Public Meeting) classification reform of nonprofit rates, ASSASSINATION RECORDS REVIEW BOARD (Contact: Spiros Droggitis, 301–415–2367) has been deferred. The March 5 meeting is open to the public and will be held DATE: February 29–March 1, 1996. Week of March 4—Tentative at U.S. Postal Service Headquarters, 475 PLACE: ARRB, 600 E Street, NW, There are no meetings scheduled for the L’Enfant Plaza, S.W., in the Benjamin Washington, DC. Week of March 4. Franklin Room. The Board expects to STATUS: Closed. Week of March 11—Tentative discuss the matters stated in the agenda which is set forth below. Requests for MATTERS TO BE CONSIDERED: There are no meetings scheduled for the Week of March 11. information about the meeting should 1. Review and Accept Minutes of Closed be addressed to the Secretary of the ADDITIONAL INFORMATION: By a vote of 3– Meeting Board, Thomas, J. Koerber, at (202) 268– 0 on February 15, the Commission 2. Review of Assassination Records 4800. 3. Other Business determined pursuant to U.S.C. 552(e) Agenda CONTACT PERSON FOR MORE INFORMATION: and § 9.107(a) of the Commission’s rules Thomas Samoluk, Associate Director for that ‘‘Affirmation of Draft OGC Order in Monday Session Response to Citizens Awareness Communications, 600 E Street, NW, March 4–1:00 p.m. (Closed) Second Floor, Washington, DC 20530. Network in Matter of Yankee Atomic Telephone: (202) 724–0088; Fax: (202) Electric Company’’ (Public Meeting) be 1. Consideration of the Postal Rate Commission Decision in Docket No. MC95– 724–0457. held on February 15, and on less than one week’s notice to the public. 1, Mail Classification Reform. (M. Richard T. Jeremy Gunn, The schedule for Commission Porras, Vice President, Controller; John H. General Counsel. meetings is subject to change on short Ward, Vice President, Marketing Systems; [FR Doc. 96–4154 Filed 2–20–96; 2:19 pm] and John L. DeWeerdt, Chief Counsel, notice. To verify the status of meetings Classification and Customer Service.) BILLING CODE 6118±01±P call (Recording)—(301) 415–1292. 2. Overview of the International Business CONTACT PERSON FOR MORE INFORMATION: Unit and Consideration of International Rate Bill Hill (301) 415–1661. Setting Process. (James F. Grubiak, Vice NUCLEAR REGULATORY COMMISSION This notice is distributed by mail to several President, International Business.) DATE: Weeks of February 19, 26, March hundred subscribers; if you no longer wish Tuesday Session 4, and 11, 1996. to receive it, or would like to be added to it, please contact the Office of the Secretary, March 5–8:30 a.m. (Open) PLACE: Commissioners’ Conference Attn: Operations Branch, Washington, D.C. 1. Minutes of the Previous Meeting, Room, 11555 Rockville Pike, Rockville, 20555 (301–415–1963). February 5–6, 1996. Maryland. In addition, distribution of this meeting 2. Remarks of the Postmaster General/Chief STATUS: Public and Closed. notice over the Internet system is available. Executive Officer. (Marvin Runyon). Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Sunshine Act Meetings 6895

3. Appointment of Members to Board Committees. (Chairman Tirso del Junco, M.D.) 4. Capital Investment. a. Multiline Optical Character Reader (MLOCR) Co-Directory. (William J. Dowling, Vice President, Engineering.) 5. Tentative Agenda for the April 1–2, 1996, meeting in Phoenix, Arizona. Thomas J. Koerber, Secretary. [FR Doc. 96–4190 Filed 2–20–96; 3:24 pm] BILLING CODE 7710±12±M federal register February 22,1996 Thursday Proposed Rule for CheckAirmenandFlightInstructors; Training andQualificationRequirements 14 CFRParts121and135 Federal AviationAdministration Transportation Department of Part II 6897 6898 Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Proposed Rules

DEPARTMENT OF TRANSPORTATION electronically to the following internet should request from the above office a address: [email protected]. copy of Advisory Circular No. 11–2A, Federal Aviation Administration Comments may be examined in Room Notice of Proposed Rulemaking 915G weekdays between 8:30 a.m. and Distribution System, which describes 14 CFR Parts 121 and 135 5 p.m., except on Federal holidays. the application procedure. [Docket No. 28471; Notice No. 96±1] FOR FURTHER INFORMATION CONTACT: Tom Background RIN 2120±AF08 Toula, Air Carrier Training Branch, (AFS–210), Flight Standards Service, The requirements for training, checking, and qualification of check Training and Qualification Federal Aviation Administration , 800 Independence Avenue SW., airmen and flight instructors who Requirements for Check Airmen and perform training and checking for Flight Instructors Washington, DC 20591, Telephone (202) 267–3718. certificate holders operating under 14 AGENCY: Federal Aviation Code of Federal Regulations parts 121 Administration (FAA), DOT. SUPPLEMENTARY INFORMATION: and 135 appear in §§ 121.411 and 135.337 (check airman and flight ACTION: Notice of Proposed Rulemaking Comments Invited instructor qualification) and §§ 121.413 (NPRM). Interested persons are invited to and 135.339 (check airman and flight participate in the making of the SUMMARY: Some experienced pilots who instructor training and checking). would otherwise qualify as flight proposed rule by submitting such When parts 121 and 135 were instructors or check airmen but who are written data, views, or arguments as implemented, the primary means of not medically eligible to hold the they may desire. Comments relating to training was in an aircraft. Therefore requisite medical certificates, cannot the environmental, energy, federalism, there was a requirement for check perform flight instructor or check or economic impact that might result airmen instructors to hold appropriate airmen functions even in simulators. from adopting the proposals in this medical certificates. Even after flight This proposed rule would establish notice are also invited. Substantive simulators came into use in the late separate categories of requirements for comments should be accompanied by 1970s, check airmen and flight check airmen who check only in flight cost estimates. Comments should instructors were likely to use both simulators and flight instructors who identify the regulatory docket or notice aircraft and flight simulators. Despite instruct only in flight simulators. To number and should be submitted in significant changes in methods of ensure an equivalent level of safety, the triplicate to the Rules Docket address training, particularly an increased use of affected check airmen and flight specified above. All comments received flight simulation in training, the instructors would have to accomplish on or before the closing date for sections of parts 121 and 135 mentioned the following, which could be comments specified will be considered above have not been significantly demonstrated in a flight simulator or by the Administrator before taking revised in over 20 years. These sections flight training device: recency of action on this proposed rulemaking. The still focus primarily on check airmen experience requirements; biannual proposal contained in this notice may and flight instructors who perform their observation checks of their check be changed in light of comments functions in airplanes. Today, flight simulators and flight airman/instructor abilities; and required received. All comments received will be training devices are now so training, including recurrent ground and available, both before and after the sophisticated that they are used to flight training. A flight instructor closing date for comment, in the Rules Docket for examination by interested conduct most training and checking (simulator) or check airman (simulator) with significant benefits to safety and to would be required to meet recency of persons. A report summarizing each substantive public contact with Federal the environment and with significant experience requirements, in the 12- cost savings. Training and checking in month period preceding the Aviation Administration (FAA) personnel concerned with this simulators and flight training devices performance of flight instruction or have distinct advantages over training check airman functions, by flying two rulemaking will be filed in the docket. Commenters wishing the FAA to and checking in flight. Flight simulators flight segments as a required provide a safe flight training crewmember for the type aircraft acknowledge receipt of their comments submitted in response to this notice environment, more comprehensive involved, if medically qualified and training, and may reduce the number of certificated, or by participating in a line- must include a pre-addressed, stamped postcard on which the following training and in-service accidents by observation program. Additionally, the allowing training for emergency FAA proposes that check airmen and statement is made: ‘‘Comments to Docket No. ll.’’ The postcard will be situations that cannot be safely instructors can obtain all of their flight conducted in flight. The use of flight training in simulators, as opposed to the date-stamped and mailed to the commenter. simulators and flight training devices in current scheme in which initial and lieu of aircraft has resulted in a transition flight training must include Availability of NPRMs reduction in air traffic congestion, an in-flight element. Any person may obtain a copy of this energy use, noise, air pollution, and DATES: Comments must be submitted on NPRM by submitting a request to the training costs. or before March 25, 1996. Federal Aviation Administration, Office Some experienced pilots who would ADDRESSES: Comments on this notice of Public Affairs, Attention: Public otherwise qualify as flight instructors or should be mailed, in triplicate, to: Inquiry Center, APA–430, 800 check airmen but who are not medically Federal Aviation Administration, Office Independence Avenue, SW., eligible to hold the requisite medical of the Chief Counsel, Attention: Rules Washington, DC 20591, or by calling certificates, cannot perform flight Docket (AGC–10), Docket No. 28471, (202) 267–3484. Communications must instructor or check airmen functions 800 Independence Avenue, SW., identify the notice number of this even in simulators. Thus the regulations Washington, DC 20591. Comments NPRM. do not establish separate categories of delivered must be marked Docket No. Persons interested in being placed on requirements for check airmen who 28471. Comments may also be sent the mailing list for future NPRMs check only in flight simulators or for Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Proposed Rules 6899 flight instructors who instruct only in (3) A flight instructor (simulator) or Section-by-Section Analysis flight simulators. There are a number of check airman (simulator) would be Section 121.411 Qualifications: Check highly experienced airmen who might required to meet recency of experience Airmen (Airplane) and Check Airmen serve as flight instructors or check requirements, in the 12-month period (Simulator) airmen, including former military pilots, preceding the performance of flight former air carrier pilots, and furloughed instruction or check airman functions, Section 121.411(a)(1) now requires that a flight instructor or check airman pilots, as well as other experienced by flying two flight segments as a who serves in a training program under pilots, who because of medical required crewmember for the type part 121, for the particular airplane type conditions, are unable to hold an airman aircraft involved, if medically qualified medical certificate. involved, hold the airman certificates and certificated or by participating in a and ratings that must be held in order This proposed rule would allow line-observation program. experienced check airmen and flight to serve as a pilot in command (PIC), a instructors who are not able to hold a (4) Training requirements for check flight engineer, or a flight navigator, as current medical certificate to check or airmen and flight instructors who serve appropriate, in operations under part instruct in flight simulators and flight in training programs under parts 121 121. Current § 121.411(a)(6) requires training devices. Affected check airmen and 135 are in §§ 121.413, 121.414, that a check airman or flight instructor and flight instructors would have to 135.339, and 135.340. The FAA who serves in a training program under meet similar requirements that a pilot proposes to change these requirements part 121 must hold at least a Class III flying the line is required to meet, such in the following ways: medical certificate. Under current as initial training, proficiency checks, • § 121.411(b)(1) a simulator instructor A new requirement would be instructing for a course of training in an and competency checks and could use imposed for check airmen and flight flight simulators to meet these similar airplane simulator as provided in instructors, to satisfactorily complete, § 121.409(b) must hold an airline requirements. The proposed regulations within the preceding 24 calendar also address check airmen in aircraft, transport pilot (ATP) certificate. months, an observation check of their Proposed revisions to this section check airmen in flight simulators or check airman or flight instructor would change the applicability from flight training devices, flight instructors functions. This check may be check airmen and flight instructors to in aircraft, and flight instructors in flight accomplished in a flight simulator or in check airmen (airplane) and check simulators or flight training devices. a flight training device as appropriate. airmen (simulator). Flight instructors The Air Carrier Training Working • Flight instructors would be required would be covered under proposed Group of the Aviation Rulemaking § 121.412. Proposed paragraph (a) of to have much of the same ground Advisory Committee (ARAC) § 121.411 would state that a check recommended that the FAA amend its training requirements as check airmen. airman (airplane) is a person who is regulations so that airmen who were not As a practical matter, ground training qualified and permitted to conduct eligible to hold medical certificates for flight instructors and check airmen flight checks and instruction in an would nonetheless be eligible to instruct are the same; however, the current rules airplane, in a flight simulator, or in a or check pilots and other airmen in are not specific in this area. This change flight training device for a particular simulators. On July 16, 1992, ARAC would ensure that flight instructors and type airplane. A check airman forwarded draft rule language for the check airmen receive the same ground (simulator) would be qualified to FAA to review. The FAA used ARAC’s training. conduct flight checks only in a flight draft as the basis for developing this • Initial and transitional flight simulator or in a flight training device proposal. training for pilot check airmen and pilot for a particular type aircraft. Discussion of the Proposed Rule instructors currently requires in-flight Proposed paragraph (b) would contain training and practice. The FAA the eligibility requirements to serve as a The proposed rule would revise the check airman (airplane). With some proposes to allow this training to take following sections of parts 121 and 135: editorial revisions and an additional place in simulators or training devices. §§ 121.411, 121.413, 135.337, and requirement to satisfy the recency of 135.339; it would add the following four These changes would allow certain experience requirement of § 121.439, the new sections: §§ 121.412, 121.414, experienced pilots who are unable to eligibility requirements would remain 135.338, and 135.340. meet current medical certificate the same as the current requirements. The most significant changes between requirements to be able to check and The recency provisions would be added the current and proposed rules are as instruct, but only in flight simulators to ensure equivalent recency of follows: and flight training devices. To allow this experience for those check airmen who (1) The categories of check airman flexibility while maintaining safety, the may not be flying line operations. (simulator) and flight instructor proposed rules would require flight Proposed paragraph (c) of § 121.411 (simulator) would be defined with instructors (simulator) and check would establish the eligibility separate requirements for each. airmen (simulator) to meet recency of requirements for check airmen (2) The following requirements for experience requirements, take biannual (simulator). These proposed flight instructors and check airmen who observation checks of their check requirements would be the same as only perform check airmen and airman/instructor abilities, complete the those for check airmen (airplane) in instructor functions in flight simulators required recurrent training necessary to proposed paragraphs (b) with two and flight training devices would be exceptions. There would be no serve as a pilot-in-command under parts deleted: requirement to hold a Class III medical 121 and 135 or a flight engineer or flight • The requirement to hold at least a certificate and the recency of experience Class III medical certificate, in navigator under part 121, and complete requirements of proposed § 121.411(a)(6). required proficiency or competency § 121.411(b)(6) would not be required of • The requirement to hold a Class I, checks. A detailed section-by-section part 121 check airmen (simulator). II, or III medical certificate, in description of the proposed rule Check airmen (simulator) would instead § 135.337(a). follows. be allowed to meet proposed recency of 6900 Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Proposed Rules experience requirements in proposed transition check airman training. paragraph (c) allows the initial and paragraph (f), discussed later in this Additionally, proposed paragraph (a)(2) transition flight training in safety section. Check airmen (airplane) may would require an observation check of measures for emergency situations only meet recency of experience check airman functions within the (paragraph (c)(2)) and the results of requirements in an airplane because preceding 24 calendar months. The improper or untimely safety measures they are able to perform their functions observation check could be done in part (paragraph (c)(3)) to be accomplished in in an airplane as a required flight or in full in an airplane, in a flight an approved flight simulator, but crewmember. In addition, current simulator, or in a flight training device requires the training requirements of § 121.411(c), which grants training relief as appropriate. An FAA inspector or an current paragraph (c)(1) to be conducted to check airmen, flight instructors, and appropriate designated examiner could in flight. The FAA believes that this simulator instructors who were administer this observation check. The proposal is appropriate because of the designated before December 22, 1969, FAA believes that the observation check proven effectiveness of flight simulator would be deleted since the FAA requirement would better ensure that training. Flight training devices would believes that this provision is obsolete. check airmen maintain their also be allowed to fulfill the training Proposed paragraph (d) would be qualifications and their abilities to requirements for the same reasons. added to clarify that the completion of perform all other duties as appropriate Proposed paragraph (g) would be the requirements of (b) (2), (3), and (4) for check airmen. added to establish initial and transition or (c) (2), (3), and (4), whichever is In proposed paragraph (b) the flight training for check airmen applicable, must be entered into the observation check requirement of (simulator). The proposed requirements operator’s records for each individual paragraph (a)(2) could be accomplished include training and practice in the check airman. in the month before or the month after required normal, abnormal, and Proposed paragraph (e) would be the month in which it is due. emergency procedures and training in added to restate the portion of current Proposed paragraph (c) of this section the operation of flight simulators or § 121.411(a)(6) allowing airmen who would cover initial ground training flight training devices. Under the have passed their 60th birthday or who requirements for check airmen. Most of proposed paragraph, the training could do not hold a medical certificate to the requirements are in current be conducted in flight training devices perform check airmen functions, but, paragraphs (a)(1) through (a)(6) of or flight simulators as appropriate. The under this proposed paragraph, these § 121.413. Some editorial revisions proposed requirements are necessary to airmen may not serve as crewmembers would be made in the proposal. establish flight training requirements under part 121 operations. Proposed paragraph (d) would cover specifically for check airmen (simulator) Proposed paragraph (f) would be transition ground training for check who are qualified to conduct flight added to offer an alternate method for airmen. This proposed paragraph would checks or instruction only in a flight maintaining recency of experience separate transition ground training simulator or in a flight training device. requirements for check airmen requirements from initial ground training requirements, but would Section 121.414 Initial and Transition (simulator). Under this proposal, check and Checking Requirements: Flight airmen (simulator) would, within the impose no new requirements since transition and ground training are Instructors (Airplane) and Flight 12-month period preceding the Instructors (Simulator) performance of check airman duties, currently required in § 121.413(a)(6). either fly two segments as a required Proposed paragraph (e) would be The proposed requirements for this crewmember for the type airplane or added to cover initial and transition section would be identical to the satisfactorily complete an approved flight training for pilot check airmen provisions in proposed § 121.413 except line-observation program. (airplane), flight engineer check airmen that the terms and references would Proposed paragraph (g) would be (airplane), and flight navigator check apply to flight instructors, the required added to provide that the recency of airmen (airplane). Proposed paragraph observation check would be an experience requirements of paragraph (f) (e) would contain requirements observation check of instructor may be completed in the calendar equivalent to those contained in current functions, and would include the month before or the calendar month § 121.413 (c) and (d), but would place current requirement for training in after the month in which it is due. greater emphasis on the safety issues teaching methods and procedures required during checking that takes except for the holder of a flight Section 121.412 Qualifications: Flight place under actual flight. Additionally, instructors certificate. Instructors (Airplane) and Flight it would broaden the scope of current Instructors (Simulator) § 121.413(c) to include flight engineers Section 135.337 Qualifications: Check Airmen (Aircraft) and Check Airmen The proposed requirements for this (airplane) and flight navigators (Simulator) section are virtually identical to those in (airplane). The FAA believes that the proposed § 121.411 for check airmen. flight engineer (airplane) and flight Section 135.337(a)(1) currently Additionally, this proposed section navigator (airplane) safety functions are requires that a flight instructor or check would specify that individuals who do as important to the safe conduct of a airman serving in a training program not hold a medical certificate may not flight as that of the check airman under part 135, for the particular aircraft function as a flight instructor in an (airplane). type involved, must hold the airman airplane. Proposed paragraph (f) would be certificate and ratings that must be held added to allow all the flight training to serve as a PIC in operations under Section 121.413 Initial and Transition provisions of proposed paragraph (e) to part 135. Section 135.337(a)(5) currently Training and Checking Requirements: be accomplished in full or in part in requires that such a flight instructor or Check Airmen (Airplane) and Check flight, in flight simulators, or flight check airman hold a Class I or Class II Airmen (Simulator) training devices as appropriate. Because medical certificate required to serve as Proposed paragraph (a)(1) would of technological advances in simulation, a PIC in operations under part 135. continue the current requirement that, the FAA believes that the requirements Under current § 135.337(a)(7), a check in order to serve as a check airman, a in current § 121.413(c)(1) may be airman who serves in an aircraft person must have completed initial or conducted in a simulator. Current simulator only must hold a Class III Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Proposed Rules 6901 medical certificate. Section 135.337(b) maintaining recency of experience proposed paragraph would separate currently requires that a person who requirements for check airmen transition ground training requirements serves as a simulator instructor for a (simulator). Check airmen (simulator) from initial ground training course of training in an aircraft must, within the 12-month period requirements, but would impose no new simulator must hold at least a preceding the performance of check requirements since transition and commercial pilot certificate. airman duties, either fly two segments ground training are currently required Proposed revisions to this section as a required crewmember for the type, in § 135.339(a)(6). would change the applicability from class, or category aircraft or Proposed paragraph (e) would be check airmen and flight instructors to satisfactorily complete an approved added to cover initial and transition check airmen (aircraft) and check line-observation program. flight training for pilot check airmen airmen (simulator). Flight instructors Proposed paragraph (g) would be (aircraft). Proposed paragraph (e) would would be covered under proposed added to provide that the recency of contain requirements equivalent to § 135.338. Proposed paragraph (a) of experience requirements of paragraph (f) those contained in current § 135.339(c), § 135.337 would state that a check may be completed in the calendar but would place greater emphasis on the airman (aircraft) is a person who is month before or in the calendar month safety issues required during checking qualified and permitted to conduct after the month in which it is due. that would take place under actual flight checks and instruction in an flight. airplane, in a flight simulator, or in a Section 135.338 Qualifications: Flight Proposed paragraph (f) would be flight training device for a particular Instructors (Aircraft) and Flight added to allow all the flight training type, class, or category aircraft. A check Instructors (Simulator) provisions of proposed paragraph (e) to airman (simulator) would be qualified to The proposed requirements for this be accomplished in full or in part in conduct flight checks only in a flight section are virtually identical to those in flight, in flight simulators, or in flight simulator or in a flight training device proposed § 135.337 for check airmen. training devices as appropriate. This for a particular type, class, or category Additionally, this proposed section would make the requirements in current aircraft. would clarify that individuals who do § 135.339(c)(1) less burdensome. Proposed paragraph (b) would contain not hold a medical certificate may not Current § 135.339(c) allows the initial the eligibility requirements to serve as a function as a flight instructor in an and transition flight training in safety check airman (aircraft). With some aircraft. measures for emergency situations editorial revisions and an additional (paragraph (c)(2)) and the results of Section 135.339 Initial and Transition requirement to satisfy the recency of improper or untimely safety measures experience requirement of § 135.247, the Training and Checking Requirements: (paragraph (c)(3) to be accomplished in eligibility requirements would remain Check Airmen (Aircraft) and Check an approved flight simulator, but the same as current requirements. The Airmen (Simulator) requires the training requirements of recency provision would be added to Proposed paragraph (a)(1) would (c)(1) to be conducted in flight. The ensure equivalent recency of experience continue the current requirement that, FAA believes that this is appropriate for those check airmen who may not be in order to serve as a check airman, a because of the proven effectiveness of flying line operations. person must have completed initial or flight simulator training. Flight training Proposed paragraph (c) of § 135.337 transition check airman training. devices will also be allowed to fulfill would be added to establish the Additionally, proposed paragraph (a)(2) the training requirements for these same eligibility requirements for check would require an observation check of reasons. airmen (simulator). These proposed check airman functions within the Proposed paragraph (g) would be requirements are the same as those for preceding 24 calendar months. The added to establish initial and transition check airmen (aircraft) in proposed observation check would be done in flight training for check airmen paragraph (b) with two exceptions. part or in full in an airplane, flight (simulator). The proposed requirements There would be no requirement to hold simulator, or flight training device as would include training and practice in a medical certificate and the recency of appropriate. An FAA inspector or an the required normal, abnormal, and experience requirements of proposed appropriate designated examiner could emergency procedures and training in § 135.337(b)(3) would not be required of administer the observation check. The the operation of flight simulators or part 135 check airmen (simulator). FAA believes that the observation check flight training devices. Under the Check airmen (simulator) would instead requirement would better ensure that proposed paragraph, the training could be allowed to meet proposed recency of check airmen maintain their be conducted in flight training devices experience requirements in proposed qualifications and their abilities to or flight simulators as appropriate. The paragraph (f), discussed later in this perform all other duties as appropriate proposed requirements are necessary to section. for check airmen. establish flight training requirements Proposed paragraph (d) would be In proposed paragraph (b) the specifically for check airmen (simulator) added to clarify that the completion of observation check requirement of who are qualified to conduct flight the requirements of (b) (2), (3), and (4) paragraph (a)(2) could be accomplished checks or instruction only in a flight or (c) (2), (3), and (4), whichever is in the month before or the month after simulator or in a flight training device. applicable, must be entered into the the month in which it is due. Section 135.340 Initial and Transition individual check airmen’s training Proposed paragraph (c) of this section Training and Checking Requirements: record. would cover initial ground training Proposed paragraph (e) would be requirements for check airmen. Most of Flight Instructors (Aircraft) and Flight added to clarify that airmen who do not the requirements are in current Instructors (Simulator) hold a medical certificate may perform paragraphs (a)(1) through (a)(6) of The proposed requirements for this check airmen functions, but they may § 135.339. Some editorial revisions are section would be identical to the not serve as a crewmember under part made in this proposal. provisions in proposed § 135.339 except 135 operations. Proposed paragraph (d) would be that the terms and references would Proposed paragraph (f) would be added to cover transition ground apply to flight instructors, the required added to offer an alternate method for training for check airmen. This observation check would be an 6902 Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Proposed Rules observation check of instructor In addition, current FAA policy, as International Trade Impact Assessment functions, and paragraph (c)(7) would part of Flight Standards Work Program be added to include the current Functions, requires aviation safety This proposed rule is expected to requirement for training in teaching inspectors to observe, at least once have neither an adverse impact on the methods and procedures except for the annually, half of the check airmen and trade opportunities for U.S. firms doing holders of a flight instructor certificate. instructors while they perform their business abroad nor on foreign firms duties. A portion of the current doing business in the United States. The Regulatory Evaluation Summary observation practice and policy would cost savings that would be realized from Proposed changes to Federal be incorporated into the Code of Federal the proposed rule are not likely to be regulations must undergo several Regulations by this proposed significant enough to affect the economic analyses. First, Executive rulemaking. Since the above policy and competitive position of domestic Order 12866 directs Federal agencies to practice exceed the proposed concerns vis-a-vis foreign concerns. promulgate new regulations or modify requirements, this rulemaking should International Civil Aviation existing regulations only if the potential not impose any additional burden on Organization and Joint Aviation benefits to society outweigh the the airline industry. Regulations potential costs. Second, the Regulatory The proposed rule would afford cost Flexibility Act of 1980 requires agencies savings to air carriers by allowing them In keeping with U.S. obligations to analyze the economic impact of to hire experienced pilots who are not under the Convention on International regulatory changes on small entities. able to hold a current medical certificate Civil Aviation, it is FAA policy to Finally, the Office of Management and to check or instruct in flight simulators comply with ICAO Standards and Budget directs agencies to assess the and flight training devices if they satisfy Recommended Practices to the effects of regulatory changes on the above requirements. These pilots, maximum extent practicable. The FAA international trade. In conducting these many of whom are retired, would is not aware of any differences that this analyses, the FAA has determined that probably offer their services at lower proposal would present if adopted. Any this proposed rule is not ‘‘a significant cost to the airlines than the full-time differences that may be presented in regulatory action’’ as defined in the pilots that currently are performing comments to this proposal, however, Executive Order and the Department of these functions. Air carriers also would will be taken into consideration. Transportation Regulatory Policies and be able to reduce disruption to their Paperwork Reduction Act Procedures. This proposed rule would operations by contracting with part-time not have a significant impact on a pilots to provide training and checking The reporting and recordkeeping substantial number of small entities and services, thereby eliminating the need to requirements associated with this rule would have no impact on international pull line pilots from their routine are being submitted to the Office of trade. These analyses, available in the duties. The proposed rule should also Management and Budget for approval in docket, are summarized below. reduce costs to the industry in that the accordance with 44 U.S.C. chapter 35 Benefits and Costs proposal would allow all initial and under DOT NO:new; OMB NO: new; transition flight training for check TITLE: Training and Qualification The requirements of this proposed airmen and instructors to be conducted Requirements for Check Airmen and rule will not impose any additional cost in the simulators or training devices as Flight Instructors; NEED FOR on air carriers or other training entities opposed to the current in-flight INFORMATION: This information is currently providing simulator training. requirement. Accordingly, the FAA needed to maintain the training records These additional requirements are finds this proposed rule to be cost- of check airmen and instructors; generally incorporated into current beneficial because it does not impose PROPOSED USE OF INFORMATION: industry practice. any additional cost on the aviation This information will be used to verify In the past, the FAA has issued industry and allows for less costly that check airmen and instructors have exemptions to air carriers and to training of future pilots. met the requirements of the regulation; training entities (FlightSafety, Simuflite, The FAA solicits comments from the FREQUENCY: A short entry indicating etc.), which permit them to use public on the possible extent of these that the check airman or instructor has simulators to conduct training and cost savings. completed the observation; BURDEN checking for air carrier pilots. However, ESTIMATE: It is estimated that the total Initial Regulatory Flexibility the FAA imposed certain conditions time burden will be approximately 1.3 Determination and limitations in these exemptions. hours per year for an estimated 6000 The Agency required that the check The Regulatory Flexibility Act (RFA) respondents. The entries will be either airmen and instructors of these entities of 1980 was enacted by Congress to satisfactory or unsatisfactory or a check hold the same airman certificates and ensure that small entities are not mark in the appropriate space. No ratings and complete the same unnecessarily or disproportionately additional forms will be required and proficiency checks as required to serve burdened by Government regulations. the time for making the necessary as PIC in air carrier operations. In The RFA requires a Regulatory entries will be negligible; addition, check airmen and instructors Flexibility Analysis if a rule is expected RESPONDENTS: The FAA or designated that conduct Line-Oriented Flight to have a ‘‘significant (positive or examiners or other check airmen will Training and Line Operational negative) economic impact on a conduct the observations and they are Evaluation in simulators are required to substantial number of small entities.’’ estimated to be appropriately 6000 be line qualified or line familiar and to Based on the standards and thresholds individuals; FORM(s): No additional participate in a line observation specified in implementing the FAA forms will be used. Entries will be made program. This line observation program Order 2100.14A, Regulatory Flexibility on the standard training records is identical to that which is being Criteria and Guidance, the FAA has required by § 121.401(c) and § 135.323 proposed and, therefore, this program determined that the proposed rule (c); AVERAGE BURDEN HOURS PER would not impose any additional would not have a significant impact on RESPONDENT: 15 seconds per burden on the aviation industry. a substantial number of small entities. individual every 2 years. Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Proposed Rules 6903

For further information contact: The Authority: 49 U.S.C. 106(g), 40113, 40119, check airman (simulator) in a training Information Requirements Division, M– 44701–44702, 44705, 44709–44711, 44713, program established under this subpart 24, Office of the Secretary of 44716–44717, 44722, 44901, 44903–44904, unless, with respect to the airplane type Transportation, 400 Seventh Street SW., 44912, and 46105. involved, that person meets the Washington, DC 20590, (202) 366–4735 2. Section 121.411 is revised to read provisions of paragraph (b) of this or Edward Clark or Wayne Brough, as follows: section, or— (1) Holds the airman certificates and Office of Management and Budget, New § 121.411 Qualifications: Check airmen Executive Office Building, room 3228, (airplane) and check airmen (simulator). ratings, except medical certificate, required to serve as a pilot in command, Washington, DC 20503, (202) 395–7340. (a) For the purposes of this section a flight engineer, or a flight navigator, as Conclusion and § 121.413: (i) A check airman (airplane) is a applicable, in operations under this For the reasons discussed in the person who is qualified, and permitted, part; (2) Has satisfactorily completed the preamble, and based on the findings in to conduct flight checks or instruction the Initial Regulatory Flexibility in an airplane, in a flight simulator, or appropriate training phases for the Determination in a flight training device for a airplane, including recurrent training, For further information contact: The particular type airplane. that are required to serve as a pilot in Information Requirements Division, M– (2) A check airman (simulator) is a command, flight engineer, or flight 24, Office of the Secretary of person who is qualified to conduct navigator in operations under this part; Transportation, 400 Seventh Street SW., flight checks or instruction, but only in (3) Has satisfactorily completed the Washington, DC 20590, (202) 366–4735 a flight simulator or in a flight training appropriate proficiency or competency or Edward Clark or Wayne Brough, device for a particular type airplane. checks that are required to serve as a Office of Management and Budget, New (3) Check airmen (airplane) and check pilot in command, flight engineer, or Executive Office Building, room 3228, airmen (simulator) are those check flight navigator in operations under this Washington, DC 20503, (202) 395–7340. airmen who perform the functions part; described in § 121.401(a)(4). (4) Has satisfactorily completed the Conclusion (b) No certificate holder may use a applicable training requirements of For the reasons discussed in the person nor may any person serve as a § 121.413; and (5) Has been approved by the preamble, and based on the findings in check airman (airplane) in a training Administrator for the check airman the Initial Regulatory Flexibility program established under this subpart (simulator) duties involved. Determination and the International unless, with respect to the airplane type (d) Completion of the requirements in Trade Impact Analysis, the FAA has involved, that person— paragraphs (b) (2), (3), and (4) or (c) (2), determined that this proposed (1) Holds the airman certificates and (3), and (4) of this section, as applicable, regulation is not significant under ratings required to serve as a pilot in shall be entered in the individual’s Executive Order 12866. In addition, it is command, a flight engineer, or a flight training record maintained by the certified that this proposal, if adopted, navigator, as applicable, in operations certificate holder. will not have a significant economic under this part; (2) Has satisfactorily completed the (e) Check airmen who have reached impact, positive or negative, on a their 60th birthday or who do not hold substantial number of small entities appropriate training phases for the airplane, including recurrent training, an appropriate medical certificate may under the criteria of the Regulatory function as check airmen, but may not Flexibility Act. This proposal is not that are required to serve as a pilot in command, flight engineer, or flight serve as flight crewmembers in considered significant under DOT navigator, as applicable, in operations operations under this part. Regulatory Policies and Procedures (44 under this part; (f) A check airman (simulator) must, FR 11034; February 26, 1979). (3) Has satisfactorily completed the within the 12-month period preceding List of Subjects appropriate proficiency or competency the performance of any check airman checks that are required to serve as a duty, accomplish the following in a 14 CFR Part 121 proficiency or competency checks that flight simulator— Air carriers, Air transportation, are required to serve as a pilot in (1) Fly at least two flight segments as Aviation safety, Common carriers, command, flight engineer, or flight a required crewmember for the type Safety, Transportation. navigator, as applicable, in operations airplane involved; or under this part; (2) Satisfactorily complete an 121 CFR Part 135 (4) Has satisfactorily completed that approved line-observation program Air carriers, Air taxi, Air applicable training requirements of that— transportation, Aviation safety, Safety. § 121.413 including in-flight training (i) Includes a minimum of two flight and practice for initial and transition segments to observe the flight The Proposed Amendment training; operations of the specific type airplane In consideration of the foregoing, the (5) Holds at least a Class III medical on which the check airman duties are to Federal Aviation Administration certificate unless serving as a required be performed; proposes to amend 14 CFR parts 121 crewmember, in which case holds a (ii) Is conducted from a cockpit and 135 as follows: Class I or Class II medical certificate as observer seat; and appropriate; (iii) Is representative of the certificate PART 121ÐCERTIFICATION AND (6) Has satisfied the recency of holder’s operation (may include ferry OPERATIONS: DOMESTIC, FLAG, AND experience requirements of § 121.439; flights). SUPPLEMENTAL AIR CARRIERS AND and (g) The flight segments or line- COMMERCIAL OPERATORS OF (7) Has been approved by the observation program required in LARGE AIRCRAFT Administrator for the check airman paragraph (f) of this section are duties involved. considered to be completed in the 1. The authority citation for part 121 (c) No certificate holder may use a month required if completed in the is revised to read as follows: person nor may any person serve as a calendar month before or in the 6904 Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Proposed Rules calendar month after the month in required to serve as a pilot in command, § 121.413 Initial and transition training and which it is due. a flight engineer, or a flight navigator, as checking requirements: Check airmen 3. Section 121.412 is added to read as applicable, in operations under this (airplane), check airmen (simulator). follows: part; (a) No certificate holder may use a person nor may any person serve as a § 121.412 Qualifications: Flight instructors (2) Has satisfactorily completed the check airman unless: (airplane) and flight instructors (simulator). appropriate training phases for the (1) That person has satisfactorily (a) For the purposes of this section airplane, including recurrent training, completed initial or transition check and § 121.414: that are required to serve as a pilot in airman training. (1) A flight instructor (airplane) is a command, flight engineer, or flight (2) Within the preceding 24 calendar person who is qualified to instruct in an navigator, as applicable, in operations months that person satisfactorily airplane, in a flight simulator, or in a under this part; conducts a proficiency or competency flight training device for a particular (3) Has satisfactorily completed the check under the observation of an FAA type airplane. appropriate proficiency or competency inspector or an aircrew designated (2) A flight instructor (simulator) is a checks that are required to serve as a examiner. The observation check may person who is qualified to instruct, but pilot in command, flight engineer, or be accomplished in part or in full in an only in a flight simulator, in a flight flight navigator, as applicable, in airplane, in a flight simulator, or in a training device, or both, for a particular operations under this part; and flight training device. type airplane. (b) The observation check required by (4) Has satisfactorily completed the (3) Flight instructors (airplane) and paragraph (a)(2) of this section is applicable training requirements of flight instructors (simulator) are those considered to have been completed in § 121.414. instructors who perform the functions the month required if completed in the described in § 121.401(a)(4). (d) Completion of the requirements in calendar month before, or the calendar (b) No certificate holder may use a paragraphs (b)(2), (3), and (4) or (c)(2), month after, the month in which it is person nor may any person serve as a (3), and (4) of this section as applicable due. flight instructor (airplane) in a training shall be entered in the individual’s (c) The initial ground training for program established under this subpart training record maintained by the check airmen must include the unless, with respect to the airplane type certificate holder. following: involved, that person— (e) Airmen who have reached their (1) Check airman duties, functions, (1) Holds the airman certificates and 60th birthday, or who do not hold an and responsibilities. (2) The applicable Code of Federal ratings required to serve as a pilot in appropriate medical certificate, may not Regulations and the certificate holder’s command, a flight engineer, or flight function as a flight instructor (airplane), policies and procedures. navigator, as applicable, in operations nor may they serve as flight under this part; (3) The appropriate methods, crewmembers in operations under this procedures, and techniques for (2) Has satisfactorily completed the part. appropriate training phases for the conducting the required checks. (4) Proper evaluation of student airplane, including recurrent training, (f) A flight instructor (simulator) performance including the detection that are required to serve as a pilot in must, within the 12-month period of— command, flight engineer, or flight preceding the performance of any instructor duty in a flight simulator— (i) Improper and insufficient training; navigator, as applicable, in operations and under this part; (1) Fly at least two flight segments as (ii) Personal characteristics of an (3) Has satisfactorily completed the a required crewmember for the type of applicant that could adversely affect appropriate proficiency or competency airplane involved (and must hold a safety. checks that are required to serve as a Class I or Class II medical certificate as (5) The appropriate corrective action pilot in command, flight engineer, or appropriate); or in the case of unsatisfactory checks. flight navigator, as applicable, in (2) Satisfactorily complete an (6) The approved methods, operations under this part; approved line-observation program procedures, and limitations for (4) Has satisfactorily completed the that— performing the required normal, applicable training requirements of abnormal, and emergency procedures in § 121.414, including in-flight training (i) Includes a minimum of two flight segments to observe the flight the airplane. and practice for initial and transition (d) The transition ground training for operations of the specific type airplane training; check airmen must include the on which flight instructor duties are to (5) Holds at least a Class III medical approved methods, procedures, and be performed; certificate unless serving as a required limitations for performing the required crewmember, in which case holds a (ii) Is conducted from a cockpit normal, abnormal, and emergency Class I or Class II medical certificate as observer seat; and procedures applicable to the airplane to appropriate. (iii) Is representative of the air which the check airman is in transition. (6) Has satisfied the recency of carrier’s operation (may include ferry (e) The initial and transition flight experience requirements of § 121.439. flights). training for pilot check airmen (c) No certificate holder may use a (airplane), flight engineer check airmen (g) The flight segments or line- person, nor may any person serve as a (airplane), and flight navigator check observation program required in flight instructor (simulator) in a training airmen (airplane) must include the paragraph (f) of this section is program established under this subpart, following: unless, with respect to the airplane type considered completed in the month (1) The safety measures for emergency involved, that person meets the required if completed in the calendar situations that are likely to develop provisions of paragraph (b) of this month before, or the calendar month during a check. section, or— after the month in which it is due. (2) The potential results of improper, (1) Holds the airman certificates and 4. Section 121.413 is revised to read untimely, or non-execution of safety ratings, except medical certificate, as follows: measures during a check. Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Proposed Rules 6905

(3) For pilot check airman (airplane)— (2) The applicable Code of Federal (g) The initial and transition flight (i) Training and practice in Regulations and the certificate holder’s training for flight instructors (simulator) conducting flight checks from the left policies and procedures. must include the following: and right pilot seats in the required (3) The appropriate methods, (1) Training and practice in the normal, abnormal, and emergency procedures, and techniques for required normal, abnormal, and procedures to ensure competence to conducting flight instruction. emergency procedures to ensure conduct the pilot flight checks required (4) Proper evaluation of student competence to conduct the flight by this part; and performance including the detection instruction required by this part. This (ii) The safety measures to be taken of— training and practice must be from either pilot seat for emergency (i) Improper and insufficient training; accomplished in full or in part in a situations that are likely to develop and flight simulator or in a flight training during a check. (ii) Personal characteristics of an device. (4) For flight engineer check airmen applicant that could adversely affect (2) Training in the operation of flight (airplane) and flight navigator check safety. simulators or flight training devices, or airmen (airplane), training to ensure (5) The corrective action in the case both, to ensure competence to conduct competence to perform assigned duties. of unsatisfactory training progress. the flight instruction required by this (6) The approved methods, (f) The requirements of paragraph (e) part. of this section may be accomplished in procedures, and limitations for full or in part in flight, in a flight performing the required normal, PART 135ÐAIR TAXI OPERATORS simulator, or in a flight training device, abnormal, and emergency procedures in AND COMMERCIAL OPERATORS as appropriate. the airplane. (g) The initial and transition flight (7) Except for holders of a flight 6. The authority citation for part 135 training for check airmen (simulator) instructor certificate— is revised to read as follows: must include the following: (i) The fundamental principles of the Authority: 49 U.S.C. 106(g), 40113, 44113, (1) Training and practice in teaching-learning process; 44701, 44702, 44705, 44709, 44711–44713, conducting flight checks in the required (ii) Teaching methods and 44715–44717, and 44722. normal, abnormal, and emergency procedures; and 7. Section 135.337 is revised to read procedures to ensure competence to (iii) The instructor-student as follows: conduct the flight checks required by relationship. this part. This training and practice (d) The transition ground training for § 135.337 Qualifications: Check airmen must be accomplished in a flight flight instructors must include the (aircraft) and check airmen (simulator). approved methods, procedures, and simulator or in a flight training device. (a) For the purposes of this section limitations for performing the required (2) Training in the operation of flight and § 135.339: normal, abnormal, and emergency simulators or flight training devices, or (1) A check airman (aircraft) is a procedures applicable to the airplane to both, to ensure competence to conduct person who is qualified to conduct which the flight instructor is in the flight checks required by this part. flight checks in an aircraft, in a flight transition. 5. Section 121.414 is added to read as simulator, or in a flight training device follows: (e) The initial and transition flight training for flight instructors (airplane), for a particular type aircraft. § 121.414 Initial and transition training and flight engineer instructors (airplane), (2) A check airman (simulator) is a checking requirements: flight instructors and flight navigator instructors person who is qualified to conduct (airplanes), flight instructors (simulator). (airplane) must include the following: flight checks, but only in a flight (a) No certificate holder may use a (1) The safety measures for emergency simulator, in a flight training device, or person nor may any person serve as a situations that are likely to develop both, for a particular type aircraft. flight instructor unless— during instruction. (3) Check airmen (aircraft) and check (1) That person has satisfactorily (2) The potential results of improper, airmen (simulator) are those check completed initial or transition flight untimely, or non-execution of safety airmen who perform the functions instructor training; and measures during instruction. described in §§ 135.321(a) and (2) Within the preceding 24 calendar (3) For pilot flight instructor 135.323(a)(4) and (c). months, that person satisfactorily (airplane)— (b) No certificate holder may use a conducts instruction under the (i) In-flight training and practice in person, nor may any person serve as a observation of an FAA inspector, an conducting flight instruction from the check airman (aircraft) in a training operator check airman, or an operator left and right pilot seats in the required program established under this subpart aircrew designated examiner. The normal, abnormal, and emergency unless, with respect to the aircraft type observation check may be accomplished procedures to ensure competence as an involved, that person— in part or in full in an airplane, in a instructor; and (1) Holds the airman certificates and flight simulator, or in a flight training (ii) The safety measures to be taken ratings required to serve as a pilot in device. from either pilot seat for emergency command in operations under this part; (b) The observation check required by situations that are likely to develop (2) Has satisfactorily completed the paragraph (a)(2) of this section is during instruction. training phases for the aircraft, considered to have been completed in (4) For flight engineer instructors including recurrent training, that are the month required if completed in the (airplane) and flight navigator required to serve as a pilot in command calendar month before or the calendar instructors (airplane), in-flight training in operations under this part; month after the month in which it is to ensure competence to perform (3) Has satisfactorily completed the due. assigned duties. proficiency or competency checks that (c) The initial ground training for (f) The requirements of paragraph (e) are required to serve as a pilot in flight instructors must include the of this section may be accomplished in command in operations under this part; following: full or in part in flight, in a flight (4) Has satisfactorily completed the (1) Flight instructor duties, functions, simulator, or in a flight training device, applicable training requirements of and responsibilities. as appropriate. § 135.339; 6906 Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Proposed Rules

(5) Holds at least a Class III medical (ii) Is conducted from a cockpit (1) Holds the airman certificates and certificate unless serving as a required observer seat or from the seat closest to ratings, except medical certificate, crewmember, in which case holds a the flightcrew; and required to serve as a pilot in command Class I or Class II medical certificate as (iii) Is representative of the certificate in operations under this part; appropriate. holder’s operations (may include ferry (2) Has satisfactorily completed the (6) Has satisfied the recency of flights). appropriate training phases for the experience requirements of § 135.247; (g) The flight segments or line- aircraft, including recurrent training, and observation program required in that are required to serve as a pilot in (7) Has been approved by the paragraph (f) of this section are command in operations under this part; Administrator for the check airman considered to be completed in the (3) Has satisfactorily completed the duties involved. month required if completed in the appropriate proficiency or competency calendar month before or the calendar (c) No certificate holder may use a checks that are required to serve as a month after the month in which they are person, nor may any person serve as a pilot in command in operations under due. this part; and check airman (simulator) in a training 8. Section 135.338 is added to read as (4) Has satisfactorily completed the program established under this subpart follows: unless, with respect to the aircraft type applicable training requirements of involved, that person meets the § 135.338 Qualifications: Flight instructors § 135.340. provisions of paragraph (b) of this (aircraft) and flight instructors (simulator). (d) Completion of the requirements in section, or— (a) For the purposes of this section paragraphs (b)(2), (3), and (4) or (c)(2), (1) Holds the applicable airman and § 135.340: (3), and (4) of this section as applicable certificates and ratings, except medical (1) A flight instructor (aircraft) is a shall be entered in the individual’s certificate, required to serve as a pilot in person who is qualified to instruct in an training record maintained by the command in operations under this part; aircraft, in a flight simulator, or in a certificate holder. (2) Has satisfactorily completed the flight training device for a particular (e) An airman who does not hold a appropriate training phases for the type, class, or category aircraft. medical certificate may function as a aircraft, including recurrent training, (2) A flight instructor (simulator) is a flight instructor in an aircraft if that are required to serve as a pilot in person who is qualified to instruct in a functioning as a non-required command in operations under this part; flight simulator, in a flight training crewmember, but may not serve as a device, or in both, for a particular type, flight crewmember in operations under (3) Has satisfactorily completed the class, or category aircraft. appropriate proficiency or competency this part. (3) Flight instructors (aircraft) and (f) A flight instructor (simulator) checks that are required to serve as a flight instructors (simulator) are those pilot in command in operations under must, within the 12-month period instructors who perform the functions preceding the performance of any flight this part; described in §§ 135.321(a) and (4) Has satisfactorily completed the instructor duty in a simulator, 135.323(a)(4) and (c). accomplish the following— applicable training requirements of (b) No certificate holder may use a (1) Fly at least two flight segments as § 135.339; and person, nor may any person serve as a (5) Has been approved by the flight instructor (aircraft) in a training a required crewmember for the type, Administrator for the check airman program established under this subpart class, or category aircraft involved; or (simulator) duties involved. unless, with respect to the type, class, (2) Satisfactorily complete an (d) Completion of the requirements in or category aircraft involved, that approved line-observation program paragraphs (b)(2), (3), and (4) or (c)(2), person— that— (3), and (4) of this section, as applicable, (1) Holds the airman certificates and (i) Includes a minimum of two flight shall be entered in the individual’s ratings required to serve as a pilot in segments to observe the flight training record maintained by the command in operations under this part; operations of the specific type, class, or certificate holder. (2) Has satisfactorily completed the category aircraft on which flight instructor duties are to be performed; (e) Check airmen who do not hold an training phases for the aircraft, appropriate medical certificate may including recurrent training, that are (ii) Is conducted from a cockpit function as check airmen (simulator), required to serve as a pilot in command observer seat or the seat closest to the but may not serve as flight in operations under this part; flightcrew; and crewmembers in operations under this (3) Has satisfactorily completed the (iii) Is representative of the certificate part. proficiency or competency checks that holder’s operations (may include ferry flights). (f) A check airmen (simulator) must, are required to serve as a pilot in within the 12-month period preceding command in operations under this part; (g) The flight segments or line- (4) Has satisfactorily completed the the performance of any check airman observation program required in applicable training requirements of duty in a flight simulator, accomplish paragraph (f) of this section are § 135.340; the following— considered completed in the month (5) Holds at least a Class III medical required if completed in the calendar (1) Fly at least two flight segments as certificate; and month before or in the calendar month a required crewmember for the type, (6) Has satisfied the recency of after the month in which they are due. class, or category aircraft involved; or experience requirements of § 135.247. 9. Section 135.339 is revised to read (2) Satisfactorily complete an (c) No certificate holder may use a as follows: approved line-observation program person, nor may any person serve as a that— flight instructor (simulator) in a training § 135.339 Initial and transition training and (i) Includes a minimum of two flight program established under this subpart checking: Check airmen (aircraft), check segments to observe the flight unless, with respect to the type, class, airmen (simulator). operations of the specific type, class, or or category aircraft involved, that person (a) No certificate holder may use a category aircraft on which the check meets the provisions of paragraph (b) of person nor may any person serve as a airman duties are to be performed; this section, or— check airman unless— Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Proposed Rules 6907

(1) That person has satisfactorily situations that are likely to develop (5) The corrective action in the case completed initial or transition check during checking. of unsatisfactory training progress. airman training; and (f) The requirements of paragraph (e) (6) The approved methods, (2) Within the previous 24 calendar of this section may be accomplished in procedures, and limitations for months, that person satisfactorily full or in part in flight, in a flight performing the required normal, conducts a proficiency or competency simulator, or in a flight training device, abnormal, and emergency procedures in check under the observation of an FAA as appropriate. the aircraft. inspector or an aircrew designated (g) The initial and transition flight examiner. The observation check may training for check airmen (simulator) (7) Except for holders of a flight be accomplished in part or in full in an must include the following: instructor certificate— aircraft, in a flight simulator, or in a (1) Training and practice in (i) The fundamental principles of the flight training device. conducting flight checks in the required teaching-learning process; (b) The observation check required by normal, abnormal, and emergency (ii) Teaching methods and paragraph (a)(2) of this section is procedures to ensure competence to procedures; and considered to have been completed in conduct the flight checks required by (iii) The instructor-student the month required if completed in the this part. This training and practice relationship. calendar month before or the calendar must be accomplished in a flight month after the month in which it is simulator or in a flight training device. (d) The transition ground training for due. (2) Training in the operation of flight flight instructors must include the (c) The initial ground training for simulators, flight training devices, or approved methods, procedures, and check airmen must include the both, to ensure competence to conduct limitations for performing the required following: the flight checks required by this part. normal, abnormal, and emergency (1) Check airman duties, functions, 10. Section 135.340 is added to read procedures applicable to the type, class, and responsibilities. as follows: or category aircraft to which the flight (2) The applicable Code of Federal instructor is in transition. Regulations and the certificate holder’s § 135.340 Initial and transition training and policies and procedures. checking: Flight instructors (aircraft), flight (e) The initial and transition flight (3) The applicable methods, instructors (simulator). training for flight instructors (aircraft) must include the following— procedures, and techniques for (a) No certificate holder may use a conducting the required checks. person nor may any person serve as a (1) The safety measures for emergency (4) Proper evaluation of student flight instructor unless— situations that are likely to develop performance including the detection (1) That person has satisfactorily during instruction; of— completed initial or transition flight (2) The potential results of improper (i) Improper and insufficient training; instructor training; and or untimely safety measures during and (2) Within the previous 24 calendar instruction; (ii) Personal characteristics of an months, that person satisfactorily (3) Training and practice from the left applicant that could adversely affect conducts instruction under the safety. and right pilot seats in the required observation of an FAA inspector, an normal, abnormal, and emergency (5) The corrective action in the case operator check airman, or an operator of unsatisfactory checks. maneuvers to ensure competence to aircrew designated examiner. The (6) The approved methods, conduct the flight instruction required observation check may be accomplished procedures, and limitations for by this part; and performing the required normal, in part or in full in an aircraft, in a flight simulator, or in a flight training device. (4) The safety measures to be taken abnormal, and emergency procedures in from either the left or right pilot seat for the aircraft. (b) The observation check required by paragraph (a)(2) of this section is emergency situations that are likely to (d) The transition ground training for develop during instruction. check airmen must include the considered to have been completed in approved methods, procedures, and the month required if completed in the (f) The requirements of paragraph (e) limitations for performing the required calendar month before or the calendar of this section may be accomplished in normal, abnormal, and emergency month after the month in which it is full or in part in flight, in a flight procedures applicable to the aircraft to due. simulator, or in a flight training device, which the check airman is in transition. (c) The initial ground training for as appropriate. (e) The initial and transition flight flight instructors must include the (g) The initial and transition flight training for check airmen (aircraft) must following: training for a flight instructor include the following— (1) Flight instructor duties, functions, (simulator) must include the following: and responsibilities. (1) The safety measures for emergency (1) Training and practice in the situations that are likely to develop (2) The applicable Code of Federal required normal, abnormal, and during a check; Regulations and the certificate holder’s emergency procedures to ensure (2) The potential results of improper, policies and procedures. untimely, or non-execution of safety (3) The applicable methods, competence to conduct the flight measures during a check; procedures, and techniques for instruction required by this part. These (3) Training and practice in conducting flight instruction. maneuvers and procedures must be conducting flight checks from the left (4) Proper evaluation of student accomplished in full or in part in a and right pilot seats in the required performance including the detection flight simulator or in a flight training normal, abnormal, and emergency of— device. procedures to ensure competence to (i) Improper and insufficient training; (2) Training in the operation of flight conduct the pilot flight checks required and simulators, flights training devices, or by this part; and (ii) Personal characteristics of an both, to ensure competence to conduct (4) The safety measures to be taken applicant that could adversely affect the flight instruction required by this from either pilot seat for emergency safety. part. 6908 Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Proposed Rules

Issued in Washington, D.C., on February 15, 1996. Thomas C. Accardi, Director, Flight Standards Service. [FR Doc. 96–3868 Filed 2–21–96; 8:45 am] BILLING CODE 4910±13±M federal register February 22,1996 Thursday Purchases; ProposedRule Restrictions onCertainForeign 48 CFRParts25and52 Space Administration National Aeronauticsand Administration General Services Department ofDefense Part III 6909 6910 Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Proposed Rules

DEPARTMENT OF DEFENSE B. Regulatory Flexibility Act when these supplies or services cannot This proposed rule is not expected to be imported lawfully into the United GENERAL SERVICES have a significant economic impact on States. Therefore, agencies and their ADMINISTRATION a substantial number of small entities contractors and subcontractors shall not within the meaning of the Regulatory acquire any supplies or services NATIONAL AERONAUTICS AND Flexibility Act, 5 U.S.C. 601, et seq., originating from sources within, or that SPACE ADMINISTRATION because the rule does not impose any were located in or transported from or new requirements on contractors, large through: 48 CFR Parts 25 and 52 or small. The proposed rule merely (1) Cuba (31 CFR part 515); [FAR Case 95±303] notifies contractors of changes in the (2) Iran (31 CFR part 560); existing prohibitions against (3) Iraq (31 CFR part 575); RIN 9000±AG82 transactions with certain countries. This (4) Libya (31 CFR part 550); or change should have minimal impact on Federal Acquisition Regulation; (5) North Korea (31 CFR part 500). U.S. firms. An Initial Regulatory Restrictions on Certain Foreign (b) Agencies and their contractors and Flexibility Analysis has, therefore, not Purchases subcontractors shall not acquire any been performed. Comments from small supplies or services from entities AGENCIES: Department of Defense (DOD), entities concerning the affected FAR controlled by the Government of Iraq General Services Administration (GSA), subparts will be considered in (E.O. 12722 and 12724). and National Aeronautics and Space accordance with 5 U.S.C. 610 of the Act. (c) Questions concerning these Administration (NASA). Such comments must be submitted restrictions should be referred to the ACTION: Proposed rule with request for separately and should cite 5 U.S.C. 601, Department of the Treasury, Office of comments. et seq. (FAR case 95–303), in Foreign Assets Control, Washington, DC correspondence. 20220, (202) 622–2520. SUMMARY: The Civilian Agency C. Paperwork Reduction Act Acquisition Council and the Defense 25.702 Contract clause. The Paperwork Reduction Act does Acquisition Regulations Council are The contracting officer shall insert the not apply because the proposed changes proposing to amend the Federal clause at 52.225–11, Restrictions on to the FAR do not impose recordkeeping Acquisition Regulation (FAR) to Certain Foreign Purchases, in or information collection requirements, implement E.O. 12959, Prohibiting solicitations and contracts. Certain Transactions with Respect to or collections of information from Iran, and to conform the FAR to other offerors, contractors, or members of the PART 52ÐSOLICITATION PROVISIONS current restrictions of the Department of public which require the approval of the AND CONTRACT CLAUSES the Treasury. This regulatory action was Office of Management and Budget under not subject to the Office of Management 44 U.S.C. 3501, et seq. 3. Section 52.225–11 is revised to read as follows: and Budget review under E.O. 12866, List of Subjects in 48 CFR Parts 25 and dated September 30, 1993. 52 52.225±11 Restrictions on Certain Foreign DATES: Comments on the proposed rule Government procurement. Purchases. should be submitted in writing to the Dated: February 15, 1996. As prescribed in 25.702, insert the FAR Secretariat at the address shown following clause: below on or before April 22, 1996 to be Ralph J. Destefano, considered in the formulation of a final Acting Director, Office of Federal Acquisition Restrictions on Certain Foreign rule. Policy Division. Purchases (XXX 1996) Therefore, it is proposed that 48 CFR ADDRESSES: Interested parties should (a) Unless advance written approval Parts 25 and 52 be amended as set forth submit written comments to: General of the Contracting Officer is obtained, below: Services Administration, FAR 1. The authority citation for 48 CFR the Contractor shall not acquire, for use Secretariat (MVRS), 18th & F Streets, Parts 25 and 52 continues to read as in the performance of this contract, any NW, Room 4037, Washington, DC follows: supplies or services originating from 20405. Please cite FAR case 95–303 in sources within, or that were located in all correspondence related to this case. Authority: 40 U.S.C. 486(c); 10 U.S.C. or transported from or through countries chapter 137; and 42 U.S.C. 2473(c). FOR FURTHER INFORMATION CONTACT: Mr. whose products are banned from Peter O’Such at (202) 501–1759 in PART 25ÐFOREIGN ACQUISITION importation into the United States reference to this FAR case. For general under regulations of the Office of information, contact the FAR 2. Subpart 25.7 is revised to read as Foreign Assets Control, Department of Secretariat, Room 4037, GS Building, follows: the Treasury. Those countries include Cuba, Iran, Iraq, Libya, and North Korea. Washington, DC 20405, (202) 501–4755. Subpart 25.7ÐRestrictions on Certain (b) The Contractor shall not acquire Please cite FAR case 95–303. Foreign Purchases for use in the performance of this SUPPLEMENTARY INFORMATION: Sec. contract any supplies or services from A. Background 25.701 Restrictions. entities controlled by the Government of 25.702 Contract clause. This proposed rule amends the FAR Iraq. (c) The Contractor agrees to insert the to implement E.O. 12959, Prohibiting Subpart 25.7ÐRestrictions on Certain provisions of this clause, including this Certain Transactions with Respect to Foreign Purchases Iran, which became effective May 6, paragraph (c), in all subcontracts 1995, and to conform the FAR to current 25.701 Restrictions. hereunder. restrictions in 31 CFR Chapter V (Office (a) The Government does not acquire (End of clause) of Foreign Assets Control, Department supplies or services from foreign [FR Doc. 96–3916 Filed 2–21–96; 8:45 am] of the Treasury). governments or their organizations [BILLING CODE 6820±EP±P] federal register February 22,1996 Thursday Program: ClosingDate;Notice Public TelecommunicationsFacilities Information Administration National Telecommunicationsand Commerce Department of Part IV 6911 6912 Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices

DEPARTMENT OF COMMERCE submission of applications for 1996 is pertinent PTFP materials and Thursday, March 28, 1996. Applications instructions for requesting reactivation National Telecommunications and delivered by mail or by hand must be of their applications. Information Administration delivered to the address referenced Applicants should note that they must [Docket No. 960205021±6021±01] below by 5 p.m. on or before Thursday, comply with the provisions of Executive March 28, 1996. Applicants whose Order 12372, ‘‘Intergovernmental Public Telecommunications Facilities applications are not received by the Review of Federal Programs.’’ The Program: Closing Date deadline are hereby notified that their Executive Order requires applicants for applications will not be considered in financial assistance under this program AGENCY: National Telecommunications the current grant cycle and will be to file a copy of their application with and Information Administration (NTIA), returned to the applicant. NTIA will the Single Points of Contact (SPOC) of Commerce. also return any application which is all states relevant to the project. ACTION: Notice of closing date. substantially incomplete, or when the Applicants are required to provide a Agency finds that either the applicant or copy of their completed application to SUMMARY: Subject to the authority of the project is ineligible for funding under the appropriate SPOC on or before continuing resolution (P.L. 104–99), the the Public Telecommunications March 28, 1996. Applicants are National Telecommunications and Financing Act of 1978, as amended (47 encouraged to contact the appropriate Information Administration (NTIA), U.S.C. 390–393). The Agency will SPOC well before the PTFP closing date. U.S. Department of Commerce, inform the applicant the reason for the NTIA requires that all applicants announces that applications are return of any application. whose proposed projects need available for planning and construction authorization from the Federal grants for public telecommunications ADDRESSES: To obtain an application package, submit completed Communications Commission (FCC) facilities under the Public tender an application to the FCC for Telecommunications Facilities Program applications, or send any other correspondence, write to: Office of such authority on or before March 28, (PTFP). In order to make any awards 1996. (An application is tendered to the this fiscal year, it is necessary to begin Telecommunications and Information Applications, NTIA/DOC, 14th Street FCC when it has been received by the the application process now. Secretary of the FCC.) However, Applicants for matching grants under and Constitution Ave., NW, Room H– 4625, Washington, DC 20230. applicants are urged to submit it with as the PTFP must file their applications on much lead time before the PTFP closing FOR FURTHER INFORMATION CONTACT: or before Thursday, March 28, 1996. date as possible. The greater the lead Dennis R. Connors, Director, Public NTIA anticipates making grant awards time, the better the chance the FCC by September 30, 1996, provided that Broadcasting Division, telephone: (202) application will be processed to funding for PTFP is continued beyond 482–5802; fax: (202) 482–2156. coincide with NTIA’s grant cycle. NTIA the March 15, 1996 expiration date of Information about the PTFP can also be will return the application of any the continuing resolution. This obtained electronically via Internet applicant that fails to tender an continuing resolution includes $15.5 (send inquiries to http:// application to the FCC for any necessary million for the PTFP. Issuance of grants www.ntia.doc.gov) or through the NTIA authority on or before March 28, 1996. is subject to the availability of FY 1996 BBS at (202) 482–1199 (set computer Indirect costs for construction funds. Further notice will be made in modems for 8 stop bits, 0 polarity). applications are not supported by this the Federal Register about the final SUPPLEMENTARY INFORMATION: program. The total dollar amount of the status of funding for this program at the indirect costs proposed in a planning I. Application Forms and Regulations appropriate time. NTIA shall not be application under this program must not liable for any proposal preparation To apply for a PTFP grant, an exceed the indirect cost rate negotiated costs. applicant must file an original and two and approved by a cognizant Federal The amount of a grant award by NTIA copies of a timely and complete agency prior to the proposed effective will vary, depending on the approved application on a current form approved date of the award or 100 percent of the project. For fiscal year 1995, NTIA by the Agency. The current application total proposed direct costs dollar awarded $27.6 million in funds to 142 form will be provided to applicants as amount in the application, whichever is projects. The awards ranged from $5,694 part of the application package. This less. to $954,518. form expires on October 31, 1997, and All primary applicants must submit a The applicable Rules for the PTFP no previous versions of the form may be completed Form CD–511, were published on November 22, 1991 used. (In accordance with the ‘‘Certifications Regarding Debarment, and amended on December 22, 1995 (60 Paperwork Reduction Act, the current Suspension, and Other Responsibility FR 66491). These rules, codified at 15 application form has been cleared under Matters; Drug-Free Workplace CFR part 2301, will be in effect for FY OMB control no. 0660–0003.) Requirements and Lobbying,’’ and the 1996 PTFP applications. Parties Applications submitted by facsimile or following explanations are hereby interested in applying for financial electronic means are not acceptable. provided: assistance should refer to these rules All persons and organizations on the (1) Nonprocurement Debarment and and to the authorizing legislation (47 PTFP’s mailing list will be sent a copy Suspension. Prospective participants (as U.S.C. 390–393 and Pub. L. 104–99) for of the current application form and the defined at 15 CFR Part 26, Section 105) additional information on the program’s Final Rules. Those not on the mailing are subject to 15 CFR Part 26, goals and objectives, eligibility criteria, list may obtain copies by contacting the ‘‘Nonprocurement Debarment and evaluation criteria, and other PTFP at the address or telephone, fax, Suspension’’ and the related section of requirements. computer bulletin board, or Internet the certification form prescribed above DATES: Pursuant to 15 CFR 2301.5(c), numbers noted above. Prospective applies; the Administrator of NTIA hereby applicants should read the Final Rules (2) Drug Free Workplace. Grantees (as establishes the closing date for the filing carefully before submitting applications. defined at 15 CFR Part 26, Section 605) of applications for grants under the Applicants whose applications were are subject to 15 CFR Part 26, Subpart PTFP. The closing date selected for the deferred in FY 1995 will be mailed F, ‘‘Government-wide Requirements for Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices 6913

Drug-Free Workplace (Grants)’’ and the No award of Federal funds shall be ‘‘clear and compelling need’’ (CFR related section of the certification form made to an applicant who has an 2301.16(a)(4)). NTIA intends to prescribed above applies; outstanding delinquent Federal debt maintain that standard and to apply it (3) Anti-lobbying. Persons (as defined until either: (1) the delinquent account on a case-by-case basis. at 15 CFR Part 28, Section 105) are is paid in full; (2) a negotiated The November 22, 1991, PTFP Policy subject to the lobbying provisions of 31 repayment schedule is established and Statement (56 FR 59168 (1991)) also U.S.C. 1352, ‘‘Limitation on use of at least one payment is received, or (3) discussed a number of issues of appropriated funds to influence certain other arrangements satisfactory to the particular relevance to applicants Federal contracting and financial Department are made. proposing nonbroadcast educational transactions,’’ and the lobbying section Applicants are reminded that a false and instructional projects and potential of the certification form prescribed statement on the application may be improvement of nonbroadcast facilities. above applies to applicants/bidders for grounds for denial or termination of These policies remain in effect and will grants, cooperative agreements, and funds and grounds for possible be distributed to all PTFP applicants as contracts for more than $100,000, and punishment by a fine or imprisonment part of the Guidelines for preparing FY loans and loan guarantees for more than as provided in 18 U.S.C. 1001. 1996 PTFP applications. $150,000, or the single family maximum Special Note: NTIA has established a policy which is intended to encourage II. Documentation Concerning mortgage limit for affected programs, Discrimination Complaints whichever is greater; and stations to increase from 25% to 50% The NTIA Administrator is hereby (4) Anti-lobbying Disclosures. Any the matching percentage for those extending a blanket waiver to all PTFP applicant that has paid or will pay for proposals that call for equipment FY 1996 applicants and grant recipients lobbying using any funds must submit replacement, improvement, or exempting them from the requirements an SF–LLL, ‘‘Disclosure of Lobbying augmentation (PTFP Policy Statement, contained at 15 CFR 2301.5(d)(2)(xvii) Activities,’’ as required under 15 CFR (56 FR 59168 (1991))). The presumption of 50% funding will and 2301.21(b)(1–2) with regard to Part 28, Appendix B. be the general rule for the replacement, discrimination complaints. Based on its Recipients shall require applicants/ improvement or augmentation of experience, NTIA has found these bidders for subgrants, contracts, equipment. Exceptions to this general requirements to be too burdensome and subcontracts, or other lower tier covered policy direction are as follows: small generally not pertinent to the PTFP’s transactions at any tier under the grant community-licensee stations will not be selection criteria. This blanket waiver award to submit, if applicable, a subjected to this policy. The same is means that FY 1996 PTFP applicants completed Form CD–512, true of a station that is licensed to a will not be required to provide a ‘‘Certifications Regarding Debarment, large institution (e.g., a college or detailed list and explanation of any Suspension, Ineligibility and Voluntary university) documenting that it does not complaints of discrimination currently Exclusion-Lower Tier Covered receive direct or in-kind support from pending or decided against the Transactions and Lobbying’’ and the larger institution. Also, a showing of applicant before any court or disclosure form, SF–LLL, ‘‘Disclosure of extraordinary need or an emergency governmental agency. Moreover, FY Lobbying Activities.’’ Form CD–512 is situation will be taken into 1996 PTFP grant recipients, once their intended for the use of recipients and consideration as justification for grants projects are completed, will not be should not be transmitted to the of up to 75% of the project cost for such required to submit such documentation Department. SF–LLL submitted by any proposals. on their Annual Status Reports; nor will tier recipient or subrecipient should be A point of clarification is in order: recipients be required to provide the submitted to the Department in NTIA expects to continue funding special academic certification accordance with the instructions projects to activate stations or to extend concerning their admissions policies or contained in the award document. service at up to 75% of the total project their policies regarding the receiving or If an application is selected for cost. NTIA will do this because providing of services. Applicants are funding, the Department of Commerce applicants proposing to provide first reminded, however, that they are still has no obligation to provide any service to a geographic area ordinarily obligated to comply with the general additional future funding in connection incur considerable costs that are not Federal statutes relating to with that award. Renewal of an award eligible for NTIA funding. The applicant nondiscrimination, as stated in 15 CFR to increase funding or extend the period must cover the ineligible costs including 2301.22(b)(15) and in Assurance No. 36 of performance is at the total discretion those for construction or renovation of of the PTFP Application Form. of the Department. buildings and other similar expenses. Recipients and subrecipients are We wish to take this opportunity to III. Eligible and Ineligible Costs subject to all Federal laws and Federal restate the policy published in the Eligible equipment for the 1996 grant and DOC policies, regulations, and November 22, 1991, PTFP Policy round includes apparatus necessary for procedures applicable to Federal Statement (56 FR 59168 (1991)), the production, interconnection, assistance awards. In addition, regarding applicants’ use of funds from captioning, broadcast, or other unsatisfactory performance by the the Corporation for Public Broadcasting distribution of programming, including applicant under prior Federal awards (CPB) to meet the local match but not limited to studio equipment; may result in the application not being requirements of the PTFP grant. NTIA audio and video storage, processing, and considered for funding. continues to believe that the policies switching equipment; terminal If applicants incur any costs prior to and purposes underlying the PTFP equipment; towers, antennas, an award being made, they do so solely requirements could be significantly transmitters, remote control equipment, at their own risk of not being frustrated if applicants routinely relied transmission line, translators, reimbursed by the Government. upon another Federally supported grant microwave equipment, mobile Notwithstanding any verbal or written program for local matching funds. equipment, satellite communications assurance that they have received, there Accordingly, NTIA has limited the use equipment, instructional television is no obligation on the part of the of CPB funds for the non-Federal share fixed service equipment, subsidiary Department to cover preaward costs. of PTFP projects to circumstances of communications authorization 6914 Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices transmitting and receiving equipment, CD players, etc; ancillary production transformers, power lines, gasoline or cable television equipment, and optical devices such as stopwatches and stop- diesel powered generators, and related fiber communications equipment. clocks, building lights, sound effects equipment. NTIA recognizes that digital and sound effects equipment, scenery (12) Test and Maintenance technology will be an important means and props, cycloramas, sound insulation Equipment. (a) Eligible: Required test for the more efficient creation and devices and materials, draperies and equipment, as indicated by good distribution of programming in the related equipment for production use, engineering practice for the future. Consequently, public film and still photography processing, maintenance of the project equipment. broadcasters seeking to replace, film sound synchronization editing. (b) Ineligible: Maintenance equipment upgrade, and buy new equipment that (7) Video Equipment. (a) Eligible: such as hand and power tools, storage employs digital technology will be Videotape editing and processing cabinets, and maintenance services. permitted, when appropriate, to use equipment that conforms to broadcast- (13) Air Conditioning and Ventilation. PTFP funds for such purposes. standard quality equipment for field (a) Eligible: The costs to provide The following list provides recording and production editing. (b) ventilation of eligible project clarification regarding several Ineligible: Consumer level videotape equipment, such as ducting for equipment and other cost areas that will recording formats not accepted in the transmitters, as required by good be helpful in preparing applications. industry as broadcast-standard quality. engineering practice. Transmitter air NTIA also reserves the right to eliminate (8) Furniture and Office Equipment. conditioning can be applied for and will any costs, whether specified here or not, (a) Eligible: Consoles required to mount be supported if the need is well- that it determines are not appropriate equipment such as audio consoles and documented in the application. (b) prior to the awarding of a grant. video switchers. (b) Ineligible: Such Ineligible: Unless exceptionally well- items as office furniture, office documented, air conditioning for A. Equipment and Supplies equipment, studio clocks and systems, transmitters, control rooms, or (1) Buildings and Modifications to blackboards, office intercoms, equipment rooms, studios, mobile units, Buildings. (a) Eligible: Small equipment equipment inventory labels and label- and other operational rooms and offices. shelters that are part of satellite earth makers, word processors, telephones (14) Remote Vans. (a) Eligible: Items stations, translators, microwave and telephone systems, and printing to equip a remote van for audio/video interconnection facilities, and similar and duplication equipment. production. (b) Ineligible: All vehicles. (9) Expendable Items and Spare Parts. facilities. (b) Ineligible: Purchase or B. Other Costs lease of buildings and modifications to (a) Eligible: A transmitter spare parts kit buildings, including the renovation of and one set of final and driver tubes for (1) Construction Applications: NTIA space for studios intended to house a transmitter awarded in the grant; a generally will not fund salary expenses, eligible equipment; costs associated spare parts kit for video tape recorders including staff installation costs, and with removing old equipment. awarded in the grant. (b) Ineligible: pre-application legal and engineering (2) Land and Land Improvements. (a) Spare lenses, spare circuit components, fees. Certain ‘‘pre-operational expenses’’ Eligible: Site preparation necessary to spare parts kits for studio equipment, are eligible for funding. (See 15 CFR construct towers and guy anchors for except as noted above; recording tape, § 2301.1.) Despite this provision, NTIA transmission and interconnection film, reels, cartridge tapes, records, regards its primary mandate to be equipment. (b) Ineligible: Purchase or compact discs, and record or tape funding the acquisition of equipment lease of land. cleaning equipment; art and graphics and only secondarily funding of (3) Moving Costs. Ineligible: Moving supplies; maintenance supplies, salaries. (A discussion of this issue costs required by relocation of including replacement final and driver appears in the PTFP Final Rules, 56 FR transmitter or studio equipment. tubes normally considered in the 59172 (1991)). (4) Reception Equipment. (a) Eligible: industry as normal maintenance-budget- (2) Planning Applications. (a) Eligible: Fixed frequency demodulator, as provided items and similar items. Salaries are eligible expenses for all required by good engineering practice (10) Backup Equipment. (a) Eligible: planning grant applications, but should for monitoring the off-air transmission Hot standby or backup microwave for be fully described and justified within of signals; subcarrier demodulator; the main studio-to-transmitter link only; the application. Planning grant telemetry transmitters and receivers; a backup or spare exciter for a television applicants may lease office equipment, satellite receivers; and subcarrier transmitter, as required by good furniture and space, and may purchase decoders for the handicapped. (b) engineering practice. (b) Ineligible: expendable supplies under the terms of Ineligible: Consumer-type TV sets and Redundant equipment, such as spare Section 392 (c) of the Act. (b) Ineligible: FM receivers. transmitters, or costs associated with Planning grant applications cannot (5) Tower Modifications. (a) Eligible: them, as well as backup microwave include the cost of constructing or Strengthening or modifying a equipment (except as noted above). operating a telecommunications facility. commercial entity’s tower to (11) Electric Power. (a) Eligible: (3) Audit Costs. Organization-wide accommodate a public broadcasting Generally, all primary power costs from audits shall be performed in accordance entity (structural modifications on the output of the main power meter with 15 CFR Part 29a, Audit towers and/or antenna changes must panel; regulators and surge protectors, Requirements for State and Local meet EIA and any required local as required by good engineering Governments, for recipients that are standards). (b) Ineligible: Modifying or practice, to stabilize transmitter RF state or local governments; and 15 CFR strengthening the applicant’s tower to output. Where primary power is not Part 29b, Audit Requirements for accommodate a commercial entity. available or is unusable for broadcast, Institutions of Higher Education and (6) Production and Control Room then PTFP may provide funding for Other Nonprofit Organizations, for Equipment. (a) Eligible: Standard those devices needed to power the recipients that are educational production studio and control room facility if the need for that equipment is institutions or nonprofit organizations. equipment for TV or radio program fully documented in the application. (b) Additionally, when required under a production. (b) Ineligible: Consumer- Ineligible: Costs of installing primary special award condition, a project audit type mixers, tape recorders, turntables, power to the facility, including shall be performed in accordance with Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices 6915

Federal Government Auditing and women.’’ Under section 392(f) of purposes (see 47 U.S.C. 390 and 15 CFR Standards. the Act, the Agency ‘‘shall give special 2301.2). These applications are Federal guidelines allow NTIA to consideration to applications which negotiated between PTFP staff and the include an amount for audit costs as would increase minority and women’s applicant. The negotiations are intended part of a grant award. NTIA policy ownership of, operation of, and to resolve whatever differences might permits non-profit organizations to participation in public exist between the applicant’s original include up to $5,000 for audit costs in telecommunications.’’ The Agency will request and what PTFP proposes to an application. Because audit costs may accord special consideration only where fund. During negotiations, some vary depending on the size and scope of there is more than 50 percent (50%) applications may be dropped from the an organization’s operations, NTIA ownership or control of a proposed slate, due to lack of Federal recommends that applicants obtain telecommunications entity by minorities Communications Commission licensing estimates from auditors to determine the and/or women. The applicant must authority, an applicant’s inability to appropriate amount to include in their establish ownership of or control of a make adequate assurances or applications. Construction Grant public telecommunications facility Applicants should list the amount through the normal incidents of certifications, or other reasons. When requested for audit costs in Part II, ownership, or by demonstrating the negotiations are completed, the Section D—Other Project Costs, 1. participation by minorities and/or PTFP Director recommends final Outside Services of the PTFP women on the Board of Directors, selections to the NTIA Administrator Application Form. Planning Grant Executive Directors, governing body, applying the same factors as listed Applicants should include the amount management positions, or policy- above. The Administrator then makes on line 7, Other, in Part III—Budget making positions. the final award selections from the Information for Planning Grant The special consideration element is negotiated applications taking into Applicants of the PTFP Application provided as one of several funding consideration the Director’s Form. criteria contained in the regulations, recommendations and the degree to IV. Notice of Applications Received specifically, at 15 CFR 2301.13(e) for which the slate of applications, taken as construction grants and 2301.14(c)(4) for a whole, satisfies the program’s stated NTIA will publish a notice in the planning grants. Those applicants purposes (see 47 U.S.C. 390 and 15 CFR Federal Register listing all applications demonstrating substantial ownership of 2301.2). received by the Agency. Listing an or control of a public application in such a notice merely telecommunications entity by minorities VIII. Policy on Sectarian Activities acknowledges receipt of an application and/or women shall receive a higher Applicants are advised that on to compete for funding with other rating for the above-cited special December 22, 1995, NTIA issued a applications. Publication does not consideration elements only. preclude subsequent return of the notice and an amendment to the PTFP application for the reasons discussed VII. Selection Process regulations in the Federal Register on under the Dates section above, or Based upon the above cited its policy with regard to sectarian disapproval of the application, nor does evaluation criteria, the PTFP program activities. Under NTIA’s prior policy, it assure that the application will be staff prepares summary evaluations. NTIA funds could not be used for any funded. The notice will also include a These incorporate the outside reviewers sectarian purposes. Under the revised request for comments on the recommendations, engineering policy, while religious activities cannot applications from any interested party. assessments, and program staff be the essential thrust of a grant, an V. Evaluation Process evaluations. The PTFP Director ranks application will not be ineligible where the applications into three categories: sectarian activities are only incidental PTFP grants are awarded on the basis ‘‘Recommended for Funding,’’ or attenuated to the overall project of a competitive review process. The ‘‘Recommended for Funding if Funds purpose for which funding is requested. evaluation of the applications is based Available,’’ and ‘‘Not Recommended for Applicants should read the policy that upon the evaluation criteria provided in Funding.’’ In ranking the applications, was published at 60 FR 66491, Dec. 22, 15 CFR 2301.13 and 2301.14. The the Director considers the following review may include the following: an 1995, and that will be included with the discretionary selection factors: application materials. evaluation by PTFP staff; a technical • the program staff evaluations, assessment by staff engineers using including the outside reviewers; IX. Project Period relevant evaluation criteria; outside • the program’s priorities and the readers, all of whom have demonstrated special applications category, as stated Planning grant award periods expertise in either public broadcasting in the appendix to 15 CFR part 2301; customarily do not exceed one year, or distance learning; and a rating by a • whether the application is for a whereas construction grant award national advisory panel, composed of broadcast or a nonbroadcast project periods commonly range from one to representatives of the major national • the geographic distribution of the two years. Although these time frames public radio and television proposed grant awards; and are generally applied to the award of all • organizations. The Agency shall consult, the availability of funds. PTFP grants, variances in project as necessary, with interested Federal The Director presents periods may be based on specific and state agencies or other recommendations to the Selection circumstances of an individual Official, the NTIA Administrator. The organizations. proposal. NTIA Administrator selects the VI. Special Consideration applications to be negotiated for Authority: The Public In accordance with section 390 of the possible grant award taking into Telecommunications Financing Act of 1978, Act, one purpose of this program is to consideration the Directors as amended, 47 U.S.C. 390–393 (Act). ‘‘increase public telecommunications recommendations and the degree to services and facilities available to, which the slate of applications, taken as operated by, and owned by minorities a whole, satisfies the program’s stated 6916 Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Notices

(Catalog of Federal Domestic Assistance No. 11.550) Bernadette McGuire-Rivera, Associate Administrator, Office of Telecommunications and Information Applications. [FR Doc. 96–3971 Filed 2–21–96; 8:45 am] BILLING CODE 3510±60±P i

Reader Aids Federal Register Vol. 61, No. 36 Thursday, February 22, 1996

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING FEBRUARY

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202±523±5227 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Public inspection announcement line 523±5215 the revision date of each title. 1 CFR 4284...... 3779 Laws Ch. III ...... 3539 Proposed Rules: Public Laws Update Services (numbers, dates, etc.) 523±6641 3 CFR 723...... 5316 For additional information 523±5227 920...... 3604 Proclamations: 959...... 6328 Presidential Documents 6863...... 3777 980...... 4941 Executive orders and proclamations 523±5227 6864...... 4347 985...... 6329 6865...... 5269 The United States Government Manual 523±5227 999...... 3606 Executive Orders: 1464...... 5317 Other Services 12778 (Revoked by 1755...... 4754 1944...... 4814 Electronic and on-line services (voice) 523±4534 EO 12988)...... 4729 12866 (See EO 1980...... 3853 Privacy Act Compilation 523±3187 12988) ...... 4729 4279...... 3853 TDD for the hearing impaired 523±5229 12964 (Amended by 4287...... 3853 EO 12987)...... 4205 8 CFR ELECTRONIC BULLETIN BOARD 12987...... 4205 Proposed Rules: 12988...... 4729 212...... 4374 Free Electronic Bulletin Board service for Public Law numbers, 12989...... 6091 264...... 4374 Federal Register finding aids, and list of documents on public Administrative Orders: 274a...... 4378 inspection. 202±275±0920 Memorandum: 9 CFR 310...... 4849 FAX-ON-DEMAND February 5, 1996 ...... 5669 Presidential Determination: Proposed Rules: You may access our Fax-On-Demand service. You only need a fax No. 96±9 of January 1...... 5524 2...... 5524 machine and there is no charge for the service except for long 22, 1996 ...... 4207 distance telephone charges the user may incur. The list of 3...... 5524 4 CFR documents on public inspection and the daily Federal Register’s 10 CFR table of contents are available using this service. The document Proposed Rules: 19...... 6762 21...... 6579 30...... 6762 numbers are 7050-Public Inspection list and 7051-Table of 40...... 6762 Contents list. The public inspection list will be updated 5 CFR 50...... 6762 immediately for documents filed on an emergency basis. Ch. XXX...... 4349 60...... 6762 530...... 3539 NOTE: YOU WILL ONLY GET A LISTING OF DOCUMENTS ON 61...... 6762 531...... 3539 70...... 6762 FILE AND NOT THE ACTUAL DOCUMENT. Documents on 532...... 5921, 5922 72...... 6762 public inspection may be viewed and copied in our office located 534...... 3539 170...... 5064 at 800 North Capitol Street, N.W., Suite 700. The Fax-On-Demand 550...... 3539 171...... 5064 telephone number is: 301±713±6905 575...... 3539 830...... 4209 581...... 3539 835...... 4209 582...... 3539 Proposed Rules: FEDERAL REGISTER PAGES AND DATES, FEBRUARY 630...... 3539 950...... 4585 Ch. I ...... 6796 3539±3776...... 1 2...... 4378 1201...... 4585 19...... 6796 3777±4206...... 2 4001...... 4349 30...... 6796 4207±4348...... 5 Proposed Rules: 35...... 4754 4349±4584...... 6 316...... 6324 40...... 6796 4585±4734...... 7 335...... 6324 50...... 5318, 6796 338...... 6324 60...... 6796 4735±4848...... 8 532...... 4940 61...... 6796 4849±5270...... 9 7 CFR 70...... 6796 5271±5500...... 12 Ch. XLII...... 3779 72...... 3619, 6796 5501±5668...... 13 6...... 6305 430...... 6798 250...... 5271 834...... 6799 5669±5920...... 14 1021...... 6414 5921±6094...... 15 300...... 5923 1035...... 3877 318...... 5923 1036...... 3877 6095±6304...... 16 905...... 3544 6305±6486...... 20 932...... 6306 11 CFR 6487±6760...... 21 944...... 3544 100 ...... 3549, 4302, 6095 102...... 4302 6761±6916...... 22 945...... 3546 966...... 5924 104...... 3549 989...... 6307 105...... 3549 1485...... 3548 106...... 4302 1901...... 3779, 6309 108...... 6095 1940...... 3779 109...... 3549, 4302 1942...... 6309 110...... 4302 1948...... 6761 114...... 3549, 4302 1951...... 3779 9034...... 4849 2003...... 3779 9038...... 4849 2903...... 4209 Proposed Rules: 4001...... 3787 100...... 3621 ii Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Reader Aids

110...... 3621 19 CFR 125...... 5198 602...... 4876 114...... 3621 4...... 3568 135...... 5198 28 CFR 12 CFR 10...... 6110, 6772 146...... 5198 2...... 4350 7...... 4849 18...... 6772 200...... 5198 16 ...... 6316, 6317, 6318 201...... 5198 21...... 4332 113...... 6110, 6772 Proposed Rules: 31...... 4849 132...... 3569 203...... 5198 206...... 5198 35...... 4389 201...... 5926 141...... 6110 540...... 5846 208...... 4338 144...... 6110 213...... 5198 211...... 4338 148...... 3569 215...... 5198 29 CFR 225...... 4338 181...... 6110 219...... 5198 1910...... 5507 303...... 5926 220...... 5198 1915...... 5507 Proposed Rules: 221...... 5198 1917...... 5507 346...... 5671 132...... 6333 353...... 6095 231...... 5198 1918...... 5507 351...... 4826 232...... 5198 1919...... 5507 359...... 5926 353...... 4826 363...... 6100, 6487 234...... 5198 1926...... 5507 354...... 4826 235...... 5198 1928...... 5507 701...... 3788, 4213 355...... 4826 709...... 3788 236...... 5198 2619...... 5945 741...... 3788 20 CFR 237...... 5198 2676...... 5945 1401...... 4349 401...... 5939 248...... 5198 Proposed Rules: Proposed Rules: 404...... 5939 260...... 5198 Ch. XIV ...... 3624 416...... 5939, 5943 261...... 5198 336...... 5956 103...... 4246 422...... 5943 265...... 5198 1904...... 4030 701...... 4238 423...... 5943 280...... 5198 705...... 4238 1952...... 4030 Proposed Rules: 290...... 4580, 5198 741...... 4236 291...... 5198 30 CFR 13 CFR 209...... 5970 202...... 5448 404...... 4389 511...... 5198 121...... 6412 570...... 5198 206...... 3800, 5448 260...... 3800 14 CFR 21 CFR 572...... 5198 80...... 3571 574...... 5198 756...... 6507 1...... 5171 906...... 6509 23 ...... 5130, 5138, 5151, 5171 173...... 4871 576...... 5198 189...... 4816 582...... 5198 948...... 6511 25...... 5218 950...... 6537 39 ...... 3550, 3792, 3793, 5275, 331...... 4822 583...... 5198 5277, 5279, 5280, 5281, 510...... 4735, 5505 585...... 5198 Proposed Rules: 520...... 4874, 5505 5284, 5501, 5675, 6500, 590...... 5198 Ch. II ...... 4390 522...... 4874, 5505 594...... 5198 931...... 3625 6501, 6503, 6766, 6768, 524...... 5505 597...... 5198 943...... 3628 6770 558...... 4349, 4874 700...... 5198 31 CFR 71 ...... 4587, 4870, 5503, 5504, Proposed Rules: 750...... 5198 5934, 5935, 5937, 6771 103...... 4326 101...... 3885, 5349 760...... 5198 351...... 5510 91...... 5151, 5492 201...... 5912 791...... 5198 97 ...... 3552, 3795, 3796, 3797, 357...... 6113 312...... 6177 792...... 5198 370...... 6113 6106, 6108 333...... 5918 799...... 5198 595...... 3805 135...... 5938 369...... 5912 811...... 5198 812...... 5662 32 CFR Proposed Rules: 1220...... 4597 220...... 6540 Ch. I ...... 4942 813...... 5198 22 CFR 850...... 5198 290...... 4885, 5510 39 ...... 3882, 4756, 4943, 5326, 9b...... 3800 311...... 3813 5329, 5331, 5334, 5524, 880...... 5198 42...... 6111 881...... 5198 321...... 3814 6579, 6581, 6583 51...... 6505 882...... 5198, 5850 835...... 4351 71 ...... 4379, 4380, 4381, 5960, 111...... 6505 883...... 5198 838...... 4351 5962 112...... 6505 884...... 5198 843...... 4351 73...... 3884 123...... 6111 885...... 5198 848...... 4352 121...... 6898 126...... 6111 886...... 5198 Proposed Rules: 135...... 6898 133...... 6505 887...... 5198 339...... 6588 217...... 5963 1504...... 6506 888...... 6690 838...... 4390 241...... 5963 Proposed Rules: 889...... 5198 33 CFR 15 CFR 228...... 4240 890...... 5198 1...... 6542 771...... 3555, 5677 24 CFR 899...... 5198 100...... 4885, 5680 776...... 5677 Ch. XI...... 5198 901...... 5198 117...... 4886 799 ...... 3555, 5677, 6064 Ch. XV ...... 5198 904...... 5198 912...... 5662 Proposed Rules: Proposed Rules: 0...... 5198 117 ...... 6588, 6589, 6803 4...... 6585 4...... 5198 913...... 5198 941...... 5198 157...... 6334, 6590 4a...... 6585 5...... 5198, 5662 165...... 4945, 6178 4b...... 6585 8...... 5198 942...... 5198 922...... 5335, 5969 12...... 5198 945...... 5198 34 CFR 950...... 5662 668...... 3776 16 CFR 15...... 5198 16...... 5198 960...... 5198 690...... 3776 22...... 3799 961...... 5198 305...... 5679 17...... 5198 Proposed Rules: 27...... 5198 962...... 5198 Ch. VI...... 4198 Proposed Rules: 28...... 5198 963...... 5198 201...... 3772 303...... 5340 30...... 5198 964...... 5198 361...... 4390 305...... 6801 35...... 5198 965...... 5198 646...... 4758 409...... 4382 968...... 5198 40...... 5198 36 CFR 436...... 5969 51...... 5198 982...... 5662 999...... 5198 223...... 5684 17 CFR 52...... 5198 242...... 5685 17...... 6310 86...... 4875 3280...... 5198 3282...... 5198 1206...... 5656 200...... 5939 91...... 5198 1210...... 5660 Proposed Rules: 92...... 5198 Proposed Rules: 100...... 5198 3500...... 6334 Proposed Rules: 400...... 4944 7...... 5354 420...... 4944 103...... 5198 25 CFR 104...... 5198 17...... 5356 18 CFR 107...... 5198 Proposed Rules: 1190...... 5723 1303...... 6110 109...... 5198 Ch. VI...... 3623 1191...... 5723 Proposed Rules: 110...... 5198 26 CFR 37 CFR Ch. I...... 3799, 4596 111...... 5198 1...... 4349, 4876 202...... 5445 Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Reader Aids iii

38 CFR 6804 22...... 4359 3509...... 3846 21...... 6780 186...... 6592 23...... 4359 9904...... 5520 261...... 5528, 6805 24...... 4359 Proposed Rules: Proposed Rules: 268...... 4758 25...... 4359 21...... 5357 Ch. 1 ...... 6760 271...... 4758, 5528 43...... 4918 Ch. 2 ...... 6760 40 CFR 300...... 6806, 6807 63...... 4937 Ch. 53 ...... 4393 30...... 6066 302...... 4758, 5528 73 ...... 4232, 4233, 4234, 4359, 25...... 6910 33...... 6066 440...... 5364 5721, 5722 52...... 6910 51...... 4588 41 CFR 74...... 4359 909...... 3877 52 ...... 3572, 3575, 3578, 3579, 60±250...... 6116 76...... 6131 3581, 3582, 3584, 3586, 302±11...... 3838 78...... 4359 49 CFR 3588, 3589, 3591, 3815, 80...... 4359 199...... 5722 Proposed Rules: 87...... 4359 3817, 3819, 3821, 3824, 60-741...... 5902 251...... 4937 4215, 4216, 4217, 4352, 90 ...... 3600, 3841, 4234, 4359, 258...... 4937 4353, 4887, 4890, 4892, 42 CFR 6138, 6574 531...... 4369 24...... 6118, 6556 94...... 4359 4895, 4897, 4899, 4901, 571 ...... 4370, 4938, 5949, 6173 57...... 6118 95...... 4359 661...... 6300 5285, 5288, 5291, 5295, 58...... 6118 97...... 4359 Proposed Rules: 5297, 5299, 5303, 5306, Proposed Rules: Proposed Rules: 5307, 5511, 5514, 5515, 171...... 6478 100...... 4249 Ch. I ...... 6607 172...... 6478 5689, 5690, 5694, 5696, 1...... 6809 173...... 6478 5699, 5701, 5704, 6114, 43 CFR 3100...... 4748 2...... 6189, 6809 176...... 6478 6543, 6545, 6547 4100...... 4227 20...... 3644 177...... 6478 63...... 4902 21...... 6809 178...... 6478 70 ...... 3827, 4217, 4220, 5705 Public Land Orders: 22...... 6199 232...... 6610 80...... 3832 3689 (Revoked in part 61...... 3644 525...... 4249 81 ...... 3591, 4357, 5707 by PLO 7182)...... 4359 69...... 3644 541...... 4249 82...... 4736 7183...... 4752 73 ...... 4392, 4393, 4950, 6335, 555...... 4249 85...... 5840 7184...... 5719 6336, 6337 571 .....4249, 4624, 5370, 5730, 180 .....4591, 4592, 4593, 5711, 44 CFR 76...... 3657, 6210 6616 5712, 5714, 5716, 6549, 10...... 4227 90...... 6199, 6212 575...... 5730 6551 64...... 5947 94...... 6809 581...... 4249 194...... 5224 65 ...... 6559, 6560, 6561, 6564, 48 CFR 262...... 4903 6565, 6566 228...... 3600 50 CFR 264...... 4903 67 ...... 6568, 6569, 6571 252...... 3600 14...... 3849 265...... 4903 Proposed Rules: 501...... 6164 17...... 4372 270...... 4903 504...... 6164 23...... 6793 271...... 4742, 5718 62...... 3635 100...... 5685 67 ...... 6593, 6598, 6601 507...... 6164 281...... 3591, 3599 510...... 6164 217...... 6064 282 ...... 4224, 6319, 6554 45 CFR 511...... 6164 227...... 6064 300 ...... 4747, 6115, 6556 1370...... 6791 512...... 6164 229...... 3851 Proposed Rules: 46 CFR 514...... 6164 296...... 6322 52 ...... 3631, 3632, 3633, 3634, Ch. III ...... 5720 515...... 6164 611...... 4304, 4311 3635, 3891, 3892, 4246, 150...... 5518 538...... 6164 620...... 3602 642...... 6175 4391, 4392, 4598, 4946, 401...... 5720 539...... 6164 543...... 6164 672 ...... 3602, 4304, 4594, 5608 4947, 4948, 4949, 5358, 402...... 5720 514...... 5308 546...... 6164 675 ...... 4311, 5608, 6323 5359, 5360, 5362, 5263, 676...... 4304, 4311 Proposed Rule: 552...... 6164 5526, 5527, 5723, 5724, 570...... 6164 681...... 6577 5725, 6178, 6179, 6591, 108...... 4132 1403...... 5519 110...... 4132 Proposed Rules: 6592 1425...... 5519 Ch. VI...... 6810 61...... 6184 111...... 4132 1452...... 5519 112...... 4132 17 ...... 4394, 4401, 5971 63...... 6184 1815...... 5312 23...... 3894 70...... 3893, 4248 113...... 4132 1816...... 5312 161...... 4132 285...... 3666 76...... 3893 1819...... 5312 424...... 4710 80...... 3894 47 CFR 1823...... 5312 641...... 4950 81 ...... 3635, 4392, 5363, 6179 0...... 4359, 4916 1825...... 6577 651...... 6230 89...... 4600 1...... 4359, 4916 1827...... 5312 672...... 6337 90...... 4600 15...... 3600 1835...... 5312 675...... 6337 91...... 4600 17...... 4359 1837...... 5312 180 .....4621, 4623, 5726, 5728, 21...... 4359 1852...... 5312 iv Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Reader Aids

REMINDERS SOCIAL SECURITY extension; comments due records; comments due The rules and proposed rules ADMINISTRATION by 2-20-96; published 2-8- by 2-20-96; published 12- in this list were editorially Supplemental security income: 96 20-95 compiled as an aid to Federal Aged, blind, and disabled-- Special education and GENERAL SERVICES rehabilitative services: Register users. Inclusion or Victims' compensation ADMINISTRATION exclusion from this list has no payments and relocation State vocational Federal Acquisition Regulation legal significance. assistance exclusions; rehabilitation services (FAR): published 1-23-96 program; comments due Allowable cost and payment by 2-23-96; published 12- clause; comments due by RULES GOING INTO TRANSPORTATION 15-95 DEPARTMENT 2-20-96; published 12-21- EFFECT TODAY State vocational 95 Coast Guard rehabilitation services Contractors' purchasing AGRICULTURE Drawbridge operations: program-- systems reviews; DEPARTMENT Virginia; published 1-23-96 Meetings; comments due comments due by 2-20- Farm Service Agency TRANSPORTATION by 2-23-96; published 96; published 12-21-95 Program regulations: DEPARTMENT 2-6-96 HEALTH AND HUMAN Intermediary relending Federal Aviation ENVIRONMENTAL SERVICES DEPARTMENT program loan limits; loan Administration PROTECTION AGENCY Food and Drug limit increase; published Air programs: Administration 2-22-96 Airworthiness directives: Jetstream; published 1-19- Fuel and fuel additives-- Food additives: AGRICULTURE 96 Prohibition on gasoline Adjuvants, production aids, DEPARTMENT containing lead or lead and sanitizers-- Rural Business-Cooperative VETERANS AFFAIRS additives for highway 2-[[2,4,8,10-tetrakis(1,1- Service DEPARTMENT use; comments due by dimethylethyl)dibenzo Program regulations: Vocational rehabilitation and 2-20-96; published 2-2- education: [d,f][1,3,2], etc.; Intermediary relending 96 comments due by 2-23- program loan limits; loan Veterans education-- Air quality implementation 96; published 1-24-96 limit increase; published Veterans' Benefits Act of plans; approval and Disodium decanedioate; 2-22-96 1992 et al.; promulgation; various comments due by 2-23- AGRICULTURE implementation; States: 96; published 1-24-96 published 2-22-96 California; comments due by DEPARTMENT Tri[2(or 4)-C9-10-branched 2-22-96; published 1-23- Rural Housing Service alkylphenyl] 96 Program regulations: COMMENTS DUE NEXT phosphorothioate; Intermediary relending WEEK Delaware; comments due by comments due by 2-22- program loan limits; loan 2-23-96; published 1-24- 96; published 1-23-96 limit increase; published 96 AGRICULTURE INTERIOR DEPARTMENT 2-22-96 Ohio; comments due by 2- DEPARTMENT 22-96; published 1-23-96 Surface Mining Reclamation AGRICULTURE Agricultural Marketing and Enforcement Office DEPARTMENT Virginia; comments due by Service 2-23-96; published 1-24- Permanent program and Rural Utilities Service Spearmint oil produced in Far 96 abandoned mine land Program regulations: reclamation plan West; comments due by 2- Hazardous waste: Intermediary relending submissions: 23-96; published 1-24-96 Hazardous waste program loan limits; loan Indiana; comments due by AGRICULTURE management system, limit increase; published 2-21-96; published 1-22- DEPARTMENT identification and listing-- 2-22-96 96 Petroleum refining process COMMODITY FUTURES Animal and Plant Health wastes; land disposal NATIONAL AERONAUTICS TRADING COMMISSION Inspection Service restrictions; comments AND SPACE Foreign futures and options Exportation and importation of ADMINISTRATION animals and animal due by 2-20-96; transactions: Federal Acquisition Regulation products: published 11-20-95 Singapore International Identification and listing-- (FAR): Monetary Exchange Horses from contagious Constituent-specific exit Allowable cost and payment Limited-- equine metritis-affected levels for low-risk solid clause; comments due by Nikkei 300 stock index countries; States 2-20-96; published 12-21- authorized to receive; wastes; comments due futures contract; by 2-20-96; published 95 published 1-23-96 comments due by 2-22- 96; published 1-23-96 12-21-95 Contractors' purchasing HOUSING AND URBAN systems reviews; DEFENSE DEPARTMENT Pesticides; tolerances in food, DEVELOPMENT animal feeds, and raw comments due by 2-20- DEPARTMENT Federal Acquisition Regulation agricultural commodities: 96; published 12-21-95 (FAR): Low income housing: Chlorothalonil; comments PERSONNEL MANAGEMENT HOME investment Allowable cost and payment due by 2-23-96; published OFFICE partnerships program; clause; comments due by 1-24-96 Employment: 2-20-96; published 12-21- published 1-23-96 FEDERAL RESERVE Suitability, national security 95 INTERIOR DEPARTMENT SYSTEM positions, and personnel Contractors' purchasing Fish and Wildlife Service Conflict of interests; comments investigations; comments systems reviews; Endangered Species due by 2-20-96; published due by 2-20-96; published comments due by 2-20- Convention: 12-19-95 1-5-96 96; published 12-21-95 Appendixes and Reimbursement for providing RAILROAD RETIREMENT amendments EDUCATION DEPARTMENT financial records (Regulation BOARD Bigleaf mahogany addition Postsecondary education: S): Railroad Retirement Act: to Appendix III; Student support services Recordkeeping requirements Retirement annuities; finality published 2-22-96 program; comment period for certain financial of decisions; comments Federal Register / Vol. 61, No. 36 / Thursday, February 22, 1996 / Reader Aids v

due by 2-20-96; published Aerospatiale; comments due due by 2-20-96; TREASURY DEPARTMENT 12-21-95 by 2-20-96; published 1- published 1-25-96 Comptroller of the Currency SECURITIES AND 11-96 TRANSPORTATION EXCHANGE COMMISSION Airbus; comments due by 2- DEPARTMENT Investment securities; Federal regulatory review; comments Investment companies: 20-96; published 1-11-96 Research and Special Airbus Industrie; comments due by 2-20-96; published Registered open-end Programs Administration due by 2-21-96; published 12-21-95 management investment Hazardous materials: 1-19-96 companies; shares Hazardous materials Practice and procedure: Bracket Aircraft Co., Inc.; distribution; comments transportation-- National banks; fiduciary comments due by 2-20- due by 2-22-96; published Miscellaneous activities; comments due 96; published 12-18-95 1-19-96 amendments; comments by 2-20-96; published 12- Fokker; comments due by TRANSPORTATION due by 2-22-96; 21-95 2-21-96; published 1-19- published 12-19-95 DEPARTMENT Securities transactions; 96 TREASURY DEPARTMENT Coast Guard New Piper Aircraft, Inc.; recordkeeping and Drawbridge operations: Alcohol, Tobacco and confirmation requirements; comments due by 2-21- Firearms Bureau New Jersey; comments due 96; published 12-7-95 comments due by 2-20-96; by 2-20-96; published 12- Alcohol; viticultural area published 12-22-95 Saab; comments due by 2- designations: 20-95 20-96; published 1-9-96 TREASURY DEPARTMENT Malibu-Newton Canyon, CA; Federal regulatory review: Sikorsky; comments due by comments due by 2-20- Internal Revenue Service Industry standards; 2-20-96; published 12-20- 96; published 12-22-95 miscellaneous 95 Income taxes: Alcoholic beverages: amendments; comments TRANSPORTATION Wine; labeling proceedings-- S corporations and their due by 2-20-96; published DEPARTMENT shareholders-- Certificates of label 12-20-95 National Highway Traffic approval, exemption Treatment of gain from Safety Administration TRANSPORTATION from label approval, and disposition of interest in DEPARTMENT Fuel economy standards: distinctive liquor bottle certain natural resource Federal Aviation Light trucks-- approvals; comments recapture property; Administration 1998 model year; due by 2-21-96; comments due by 2-20- Airworthiness directives: correction; comments published 1-22-96 96; published 12-21-95